DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
SAN # 2002-18
1. TITLE OF THE REGULATION:
Tidal Finfish Regulations
2. BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE AND ISSUES:
The Black Sea Bass Fishery Management Plan (FMP) was implemented by the National marine Fisheries Service (NMFS) and the Atlantic States Marine Fisheries Commission (ASMFC) in 1996 to manage the coastwide black sea bass stock. This management plan instituted a coast wide harvest quota, operating with daily or weekly trip limits and trigger mechanisms which lowered the trip limits in each of the quarterly harvest periods. The program was designed to allow harvest to proceed throughout each quarterly period without early closures. The plan rarely succeeded and was often characterized by early closures in many quarters. These early closures had serious economic consequences for commercial fishermen, necessitating a change to the program.
In order to improve the FMP, ASMFC adopted Amendment 13 to the plan by allocating state by state quotas to all Atlantic coast states. Delaware was allocated 5 percent of the allowable coast wide commercial quota equating to approximately 165,000 pounds of black sea bass for 2003.
The quota will be evenly distributed to those individuals that qualify and pre-register with the Department prior to the commencement of harvest operations. Two options are presented for fishermen to qualify for participation in the fish pot fishery and the commercial hook and line fishery for black sea bass. Participants will be required to provide daily harvest reports via a telephone reporting system operated by the Department.
3. POSSIBLE TERMS OF THE AGENCY ACTION:
Delaware is required to comply with Fishery Management Plans approved by the Atlantic States Marine Fisheries Commission. Failure to do so could result in a complete closure of a specific fishery in Delaware.
4. STATUTORY BASIS OR LEGAL AUTHORITY TO ACT:
7 Delaware Code §903, (e)(2)(a).
5. OTHER REGULATIONS THAT MAY BE AFFECTED BY THE PROPOSAL:
None
6. NOTICE OF PUBLIC COMMENTS:
Individuals may present their comments or request additional information by contacting the Fisheries Section, Division of Fish and Wildlife, 89 Kings Highway, Dover, DE 19901. A public hearing will be held in the DNREC auditorium, 89 Kings Highway, Dover, DE 19901 at 7:30 on Wednesday, January 8, 2003. The record shall remain open for written comments until 4:30 pm on January 18, 2003.
7. PREPARED BY:
Richard Cole, (302) 739-4782
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 Centropristis striata that measures less than eleven (11) inches, total length.
b) It shall be unlawful for any recreational person to have in possession any black sea bass that measures less than eleven and one-half (11.5) inches, total length. (Note the minimum size may have to be adjusted within the range of 11.5-12.5 inches pending action taken by the Atlantic States Marine Fisheries Commission in December of 2002).
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 quantity of black see bass determined by the Atlantic States Marine Fisheries Commission for any quarter. The Department shall notify each individual licensed to land black sea bass for commercial purposes of the quarterly trip limits established by the Atlantic States Marine Fisheries Commission. It shall be unlawful for any commercial fisherman to land, to sell, trade and or barter any black sea bass in Delaware unless authorized by a black sea bass landing permit issued by the Department. The black sea bass landing permit shall be presumed to transfer with the vessel whenever it is bought, sold, or otherwise transferred, unless there is a written agreement, signed by the transferor/seller and transferee/buyer, or other credible written evidence, verifying that the transferor/seller is retaining the vessel's fishing and permit history for purposes of replacing the vessel.
“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 after the date in said quarter that the Atlantic States Marine Fisheries Commission determines that quarter’s quota is filled.” The Department shall notify each individual licensed in Delaware to land black sea bass for commercial purposes of any closure when a quarterly quota is filled. The black sea bass pot fishery and the black sea bass commercial hook and line fishery shall be considered separate black sea bass fisheries. The total pounds allocated to each fishery by the Department shall be as follows: 96 percent of the State’s commercial quota, as determined by the ASMFC, for the pot fishery; 4 percent for the commercial hook and line fishery.
e) Is omitted intentionally. Option 1) The Department may only issue a black sea bass landing permit for the pot fishery to a person who is the owner of a vessel permitted by the National Marine Fisheries Service in accordance with 50 CFR §§ 648.4 and who had applied for and secured from the Department a commercial food fishing license with a food fishing equipment permit for fish pots and submitted landings reports to the Department for black sea bass harvested during at least one year between 1994 and 2001.
f) It shall be unlawful for any recreational fisherman to have in possession more than 25 black sea bass at or between the place where said black sea bass were caught and said recreational fisherman’s personal abode or temporary or transient place of lodging. Option 2) The Department may only issue a black sea bass landing permit for the pot fishery to a person who is the owner of a vessel permitted by the National Marine Fisheries Service in accordance with 50 CFR §§ 648.4 and who has a current Delaware food fish license and a current food fishing equipment permit for fish pots.
f) Option 1) The Department may only issue a black sea bass landing permit for the commercial hook and line fishery to a person who has applied for and secured from the Department a commercial food fishing license and a fishing equipment permit for hook and line and submitted landings reports to the Department for black sea bass harvested at least one year during the period 1994 through 2001.
Option 2) The Department may only issue a black sea bass landing permit for the commercial hook and line fishery to a person who has a current Delaware commercial food fishing license and a current fishing equipment permit for hook and line.
g) Any overage of the State's commercial quota will be subtracted from the next year's commercial quota.
Any overage of an individual’s allocation will be subtracted from that individual's allocation the next year.
h) Each participant in a black sea bass fishery shall be assigned a equal share of the total pounds of black sea bass allotted by the Department for that fishery. A share shall be determined by dividing the number of pre-registered participants in that fishery into the total pounds of black sea bass allotted to the fishery by the Department. In order to pre-register an individual must indicate their intent in writing to participate in this fishery by 4:30 PM on a date no later than 15 days after this regulation is signed by the Secretary of the Department.
i) It shall be unlawful for a commercial food fisherman to transfer quota allocation shares of black sea bass to another commercial food fishermen.
j) Each commercial food fishermen participating in a black sea bass fishery shall report to the Department, via the interactive voice phone reporting system operated by the Department, each days landings in pounds at least one hour after packing out their harvest.
k) It shall be unlawful for any recreational fisherman to have in possession more than 25 black sea bass at or between the place where said black sea bass were caught and said recreational fisherman’s personal abode or temporary or transient place of lodging. (Note, the possession limit may vary between 10 and 25 black sea bass depending on action to be taken by the Atlantic States Marine Fisheries Commission in December of 2002).