DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
REGISTER NOTICE
Tidal Finfish Reg. No. 23, Black Sea Bass Size Limits; Trip Limits; Seasons; Quotas
1. TITLE OF THE REGULATION
Tidal Finfish Regulations
2. BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE AND ISSUES:
To amend Tidal Finfish Regulations in order to remain in compliance with fishery management plans, as amended and adopted by the Atlantic States Marine Fisheries Commission. TFR No. 4 SUMMER FLOUNDER SIZE LIMITS; POSSESSION LIMITS; SEASON is proposed to be amended to adjust the fishing season closure dates, creel limit and/or minimum size limit in order to implement any adjustments to fishing mortality required in the Summer Flounder Fishery Management Plan.
TFR No. 6 STRIPED BASS LIMITS; RECREATIONAL FISHING SEASONS; METHOD OF TAKE; CREEL LIMIT; POSSESSION LIMIT is proposed to be amended to close the recreational fishery during the period May 10 through June 30 OR to reduce the recreational creel limit to one fish per person per day except for 24 days in November when the creel limit would remain at two per person per day OR to amend TFR No. 7. STRIPED BASS POSSESSION SIZE LIMIT; EXCEPTIONS by increasing the recreational minimum size limit from 28 inches to 30 inches. In combination with one of the above three options for the recreational fishery, it is proposed to amend. TFR No. 7 to incorporate a commercial slot size limit of 20 inches to 32 inches instead of a 20-inch minimum size limit. Any one of the three options to reduce the recreational fishery in combination with the commercial slot limit will reduce the fishing mortality by 14% on striped bass that measure 28 inches which is required in 2000 by the Striped Bass Fishery Management Plan.
TFR No. 10 WEAKFISH SIZE LIMITS; POSSESSION LIMITS; SEASONS is proposed to be amended to change the 1999 dates when it was illegal to take weakfish with any gear other than a hook and line in the Delaware Bay and ocean to the corresponding calendar dates in 2000. These dates involve 35 days.
TFR No. 23, BLACK SEA BASS SIZE LIMITS; TRIP LIMITS; SEASONS; QUOTAS is proposed to be amended to reduce the commercial quarterly trip limits to 9000 lbs., 3000 lbs., 2000 lbs. and 3000 lbs. The quarterly quotas will not change but the lower trip limits should prevent the quarterly quota from being exceeded and requiring the fishery to be closed.
TFR No. 25, ATLANTIC SHARKS is proposed to be amended to place a minimum size limit of 54 inches on large coastal, pelagic and small coastal sharks and reduce the recreational creel limit to one per vessel. It is also proposed to place 14 more shark species into the prohibited species category under the management unit.
TFR No. 26 AMERICAN SHAD AND HICKORY SHAD; CREEL LIMITS is proposed to be amended to prohibit the possession of any shad taken from the Nanticoke River in order to restore the spawning shad population.
3. POSSIBLE TERMS OF THE AGENCY ACTION:
There are no sunset dates for these regulations. However, if Delaware is found to be out of compliance with a Fishery Management Plan by the Atlantic States Marine Fisheries Commission, that particular fishery may be closed by the Secretary of the U.S. Department of Commerce.
4. STATUTORY BASIS OR LEGAL AUTHORITY TO ACT:
7 Del.C. §903 (e)(2)(a).
5. OTHER REGULATIONS THAT MAY BE AFFECTED BY THE PROPOSAL:
None
6. NOTICE OF PUBLIC COMMENT:
Individuals may present their opinions and evidence and/or request additional information by writing, calling or visiting the Fisheries Section, Division of Fish and Wildlife, 89 Kings Highway, Dover, Delaware 19901, (302) 739-3441. A public hearing on these proposed amendments will be held at the Department of Natural Resources and Environmental Control Auditorium, 89 Kings Highway, Dover, Delaware at 7:30 PM on Tuesday, December 21, 1999. The record will remain open for written comments until 4:30 PM on December 29, 1999.
7. PREPARED BY:
Charles A. Lesser, (302)-739-3441, October 29, 1999
PROPOSED AMENDMENTS TO TIDAL FINFISH REGULATIONS
TIDAL FINFISH REGULATION NO. 23 BLACK SEA BASS SIZE LIMIT; TRIP LIMITS; SEASONS; QUOTAS
a) It shall be unlawful for any person to have in possession any black sea bass Centropritis striata that measures less than ten (10) inches, total length.
b) Is omitted intentionally.
c) It shall be unlawful for any person to possess on board a vessel at any time or to land after one trip more than the following quantities of black sea bass during the quarter listed:
First Quarter (January, February and March) - 11,000 lbs. 9000 lbs.
Second Quarter (April, May and June) - 7,000 lbs. 3000 lbs.
Third Quarter (July, August and September) - 3,000 lbs. 2000 lbs.
Fourth Quarter (October, November and December) - 4,000 lbs. 3000 lbs.
“One trip” shall mean the time between a vessel leaving its home port and the next time said vessel returns to any port in Delaware.”
d) It shall be unlawful for any person to fish for black sea bass for commercial purposes or to land any black sea bass for commercial purposes during any quarter indicated in subsection (c) after the date in said quarter that the National Marine Fisheries Services determines that quarter’s quota is filled.”