DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Statutory Authority: 23 Delaware Code, Section 2114, (23 Del.C. §2114)
Order No. 2003-F-011
No. 22 Tautog; Size Limits, Creel Limits and Seasons
Summary Of Evidence And Information
Pursuant to due notice, 6 DE Reg. 848-849 (1/1/2003), the Department of Natural Resources and Environmental Control proposes to amend Tidal Finfish Regulation No. 22 pertaining to Tautog. The proposed regulation would rename Regulation 22 “Tautog; Size limits, Creel Limits and Seasons”. All creel limits and seasons would remain in effect except that the closed season would be changed from September 8-18 to September 1-28, and increase of 17 days. This option was selected from among eight options approved by the Atlantic States Marine Fisheries Commission Tautog Technical Committee as adequate to reduce tautog harvest by 25%. This reduction is mandated in Addendum 3 of the ASMFC Fishery Management Plan for tautog.
A Public Hearing was held on the proposed amendment to Tidal Finfish Regulation 22 on January 6, 2003. Comments were received at the hearing and written comments were received during the comment period, which ended on January 31, 2003.
Findings of Fact
• A total of 7 individuals spoke at the public hearing. Eight written comments were received and one petition, containing 33 signatures, was submitted.
• Several individuals felt that no additional management measures were necessary for tautog and that the population and fishery are in good shape. Each stated that if a change was necessary they favored Option A, as the least objectionable.
• No specific comments were received in favor of options B, D, E or H.
• Of the options favoring closure during the spawning season (B &C) only one comment was received in favor of Option C. Several parties felt that a closure during spring was unnecessary and unfair to some user groups (spearfishermen).
• There was moderate support for a reduction in creel limit (Options F and G) in combination with a September closure to achieve the required reduction. Some of these individuals favored a creel limit reduction because they questioned the effectiveness of a September closure in reducing harvest.
• A clear majority of responses favored Option A as the preferred approach. Reasons for support included that it was the most efficient way to reduce harvest, it was the least intrusive, leaving other management factors unchanged and it was fair to all user-groups including spearfishermen. This option was favored by both members of the public (petition signed by 33 individuals) as well as charter vessel captains from Lewes and Indian River Inlet.
Conclusions
I have reached the following conclusions:
• Based upon comment from the Public Hearing and comment period, Option A should be implemented, increasing the length of the September closed season for tautog by an additional 17 days to include the period September 1 – 28, effective April 1, 2003. All other size and creel limit provisions will remain unchanged.
IT IS HEREBY ORDERED this 10th day of March in the year 2003 that amendments to Tidal Finfish Regulation 22, a copy of which is attached here to, are adopted pursuant to and are supported by the Department’s findings of evidence and testimony received. This order shall become effective on April 10, 2003.
John A. Hughes, Secretary
Department of Natural Resources
and Environmental Control
TIDAL FINFISH REGULATION NO. 22 TAUTOG; SIZE LIMITS, CREEL LIMITS AND SEASONS
a) It shall be unlawful for any person to possess any tautog Tautoga onitis, less than fourteen (14) inches in total length during the period beginning at 12:01 a.m. on July 1 and ending at 12:00 p.m. on March 31, next ensuing.
b) It shall be unlawful for any person to possess any tautog less than fifteen (15) inches in total length during the period beginning at 12:01 a.m. on April 1 and ending at 12:00 p.m. on June 30, next ensuing.
c) Notwithstanding the provisions of 7 Del.C §938 and §939, it shall be unlawful for any person to possess more than three (3) tautog during the period beginning at 12:01 on April 1 and ending at 12:00 p.m. on June 30, next ensuing, at or between the place where said tautog were caught and said person’s personal abode or temporary or transient place of lodging.
d) It shall be unlawful for any person to possess more than ten (10) tautog during the period beginning at 12:01 a.m. on July 1 and ending at 12:00 p.m. on March 31, next ensuing, at or between the place where said tautog were caught and said person’s personal abode or temporary or transient place of lodging.
e) Notwithstanding the provisions of subsections (a) and (d) of this regulation, it shall be unlawful for any person to possess any tautog during the period beginning at 12:01 a.m on September [1 8] and ending at 12:00 p.m. on September [28 18], next ensuing, except in said person’s personal abode or temporary or transient place of lodging.