DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Amendments to Tidal Finfish Regulation Nos. 4, 7, 10, 23, 25 and 26
Order No. 2000-F-0003
Order
Summary of the Evidence and Information
Tidal Finfish Reg. No. 10, Weakfish Size Limits; Possession Limits; Seasons
Pursuant to due notice 3:6 Del. R. 830-831, the Department of Natural Resources and Environmental Control proposed to amend Tidal Finfish Regulations pertaining to summer flounder, striped bass, weakfish, black sea bass, sharks and shad in order to remain in compliance with their fishery management plans, as amended, adopted by the Atlantic States Marine Fisheries Commission. The Atlantic Coastal Fisheries Cooperative Management Act (1993) requires coastal states to comply with fishery management plans adopted by the Atlantic States Marine Fisheries Commission.
The Department of Natural Resources and Environmental Control proposed to amend Tidal Finfish Regulation No. 4 to adjust the fishing season closure dates, creel limits and minimum size limits on summer flounder in 2000 to reduce the recreational landings by 41% relative to the number of summer flounder landed in 1998.
The Department of Natural Resources and Environmental Control proposed to amend Tidal Finfish Regulation Nos. 6 and 7 to adjust the fishing season, creel limits and minimum size limits of striped bass in order to reduce the fishing mortality of striped bass over 28 inches by 14% in 2000.
The Department of Natural Resources and Environmental Control proposed to amend Tidal Finfish Regulation No. 10 to change the 1999 dates when it is unlawful to take weakfish with any gear other than a hook and line in the Delaware Bay and Ocean to the corresponding dates in 2000.
The Department of Natural Resources and Environmental Control proposed to amend Tidal Finfish Regulation No. 23 to reduce the commercial quarterly trip limits on black sea bass in order to prevent the quarterly quota from being exceeded and prolong each quarterly fishery.
The Department of Natural Resources and Environmental Control proposed to amend Tidal Finfish Regulation No. 25 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 also proposed to place 14 more sharks on the prohibited list.
The Department of Natural Resources and Environmental Control proposed to amend Tidal Finfish Regulation No. 26 to prohibit the possession of any shad taken from the Nanticoke River in order to restore the spawning population of shad.
A public workshop was held on October 19,1999 to discuss the above proposals.
A public hearing was held on December 21, 1999 on the above proposals.
Finding of Fact:
I find the following facts from testimony and evidence presented:
Summer Flounder
• The State of Delaware must comply with the requirements of the Fishery Management Plan for Summer Flounder approved by the Atlantic States Marine Fisheries Commission.
• Delaware must reduce its recreational landings in 2000 by number by 41% relative to the 1998 Delaware landings.
• The coast wide option, based on a coast wide data set, is the most liberal option relative to any option that uses a Delaware data set.
• Closing the recreational summer flounder season in the summer months adversely impacts the socio economics of the head and charter boat fishery, the bait and tackle dealers and tourism in Delaware.
• Summer flounder over 16 inches are relatively scarce in Delaware during the summer, other than deep water.
Striped Bass
• The State of Delaware is required to reduce landings of striped bass that measure 28 inches or greater by 14% in 2000 according to the Fishery Management Plan for Striped Bass approved by the Atlantic States Marine Fisheries Commission.
• Delaware landed 2.7% of the total coast wide landings of striped bass in 1998.
• Fishing for striped bass in the upper Delaware Bay and Delaware River is most popular in the late spring and summer.
• Fishing for striped bass in the lower Delaware Bay and Ocean is most popular in the fall.
• New Jersey and Delaware fishermen mostly fish in the same vacinity at the month of Delaware Bay.
• New Jersey, at this time, has not decided what option they will implement to reduce their landings by 14%.
• 80% of Delaware’s striped bass landings occur in September, October, November and December.
Weakfish
• The Fishery Management Plan for Weakfish approved by the Atlantic States Marine Fisheries Commission does not require any changes in Delaware for 2000.
Black Sea Bass
• The Fishery Management Plan for Black Sea bass adopted by the Atlantic States Marine Fisheries Commission requires Delaware to reduce the quarterly trip limit for commercial fishermen in order to prolong each quarterly fishing period.
Sharks
• The Federal Fishery Management Plan (FMP) for Atlantic Sharks lists 19 sharks on the prohibited list.
• The FMP established a recreational creel limit of one shark per vessel. The FMP established a minimum size limit of 54 inches for large and small coastal sharks and pelagic sharks.
• Delaware Bay is a nursery area for sand tiger sharks and sandbar sharks.
Shad
• The American shad spawning population in the Nanticoke River is depleted.
Conclusions:
Summer Flounder
• Delaware must implement regulations that reduce the landings by number of summer flounder by 41% relative to the 1998 landings.
• Delaware should not have a closed summer flounder recreational fishing season during the summer.
• Delaware should implement regulations that are similar to New Jersey’s to avoid confusion to anglers fishing in the Delaware Bay.
• The coast wide option should minimize any adverse impact to the recreational fishing industry in Delaware.
Striped Bass
• Any one of Delaware’s three options that would reduce the fishing mortality of striped bass 28 inches and greater in size and that were approved by the Atlantic States Marine Fisheries Commission will not be popular with some recreational fishermen in Delaware.
• New Jersey and Delaware should have similar regulations to govern the recreational striped bass fishery in the Delaware estuary to avoid fishermen showing a preference for either state.
• A minimum size limit greater than 28 inches will adversely affect the charter boat recreational fishery in the lower Delaware Bay.
• Any recreational Spring closure will adversely affect the charter boat fishery in the lower Delaware Bay.
• The commercial striped bass fishery should be reduced 14% for fish over 28 inches in length.
• The selection of an option to reduce the recreational fishery 14% for striped bass over 28 inches should be delayed until New Jersey decides its option for reducing their recreational fishery by 14%.
Weakfish
• The 34 calendar dates for days when it is unlawful to harvest weakfish with any gear other than a hook and line should be changed from 1999 to the corresponding dates in 2000.
Black Sea Bass
• Delaware should implement the quarterly trip limits to prolong the quarterly commercial fishery during each quarter.
Sharks
• Delaware should implement regulations to compliment the Federal Fishery Management Plan for Atlantic Sharks since Delaware Bay is a nursery area for the sand tiger and sandbar sharks.
Shad
• Delaware should close the Nanticoke River to the harvest of shad to compliment the efforts of Maryland in restoring the spawning population of American shad in that river system.
Recommendations
Summer Flounder
• An amendment to the Tidal Finfish Regulation pertaining to summer flounder should be adopted by DNREC to implement the coast wide option.
Striped Bass
• An amendment to the Tidal Finfish Regulation pertaining to striped bass size limits should be adopted by the Department of Natural Resources and Environmental Control to implement a slot size limit of 20 to 32 inches for commercial fishermen to reduce their harvest of striped bass measuring over 28 inches by 14%.
• At this time, the Department of Natural Resources and Environmental Control should delay adopting any changes to the recreational striped bass fishing regulations until New Jersey decides on changes to its recreational striped bass fishery. At that time, the Department of Natural Resources and Environmental Control should implement similar changes that meet the 14% reduction in harvest of striped bass over 28 inches in 2000. This will minimize any preference for fishing in the Delaware Bay from either state.
Weakfish
• An amendment to the Tidal Finfish Regulation pertaining to weakfish should be adopted by the Department of Natural Resources and Environmental Control to change the 34 dates in 1999 when it is unlawful to harvest weakfish with any gear other than hook and line in the Delaware Bay and Ocean to corresponding dates in 2000.
Black Sea Bass
• An amendment to the Tidal Finfish Regulation pertaining to black sea bass should be adopted by the Department of Natural Resources and Environmental Control to adjust the quarterly trip limits in order to prolong quarterly commercial fisheries.
Sharks
• An amendment to the Tidal Finfish Regulation pertaining to sharks should be adopted by the Department of Natural Resources and Environmental Control to implement a one shark per vessel possession limit and a 54 inch minimum size limit for certain sharks and also add fourteen small and large coastal and pelagic sharks to the prohibited list.
Shad
• An amendment to the Tidal Finfish Regulation pertaining to shad should be adopted by the Department of Natural Resources and Environmental Control to prohibit the harvest of any shad from the Nanticoke River.
Order
It is hereby ordered this 6th day of January in the year 2000 that amendments to Tidal Finfish Regulation Nos. 4, 7, 10, 23, 25 and 26, copies of which are attached hereto, are adopted pursuant to 7 Del.C. §903 (e)(2)(a) and 7 Del.C. §903 (e)(3) and are supported by the Departments findings of evidence and testimony received. This Order shall become effective on February 10, 2000.
Nicholas A. DiPasquale, Secretary
FINAL AMENDMENTS TO TIDAL FINFISH REGULATIONS
TIDAL FINFISH REGULATION 10. WEAKFISH SIZE LIMITS; POSSESSION LIMITS; SEASONS.
a) It shall be unlawful for any person to possess weakfish Cynoscion regalis taken with a hook and line, that measure less than fourteen (14) inches, total length.
b) It shall be unlawful for any person to whom the Department has issued a commercial food fishing license and a food fishing equipment permit for hook and line to have more than fourteen (14) weakfish in possession during the period beginning at 12:01 AM on May 1 and ending at midnight on October 31 except on four specific days of the week as indicated by the Department on said person’s food fishing equipment permit for hook and line.
c) It shall be unlawful for any person, who has been issued a valid commercial food fishing license and a valid food fishing equipment permit for equipment other than a hook and line to possess weakfish, lawfully taken by use of such permitted food fishing equipment, that measure less than twelve (12) inches, total length.
d) It shall be unlawful for any person, except a person with a valid commercial food fishing license, to have in possession more than fourteen (14) weakfish, not to include weakfish in one's personal abode or temporary or transient place of lodging. A person may have weakfish in possession that measure no less than twelve (12) inches, total length, and in excess of fourteen (14) if said person has a valid bill-of-sale or receipt for said weakfish that indicates the date said weakfish were received, the number of said weakfish received and the name, address and signature of the commercial food fisherman who legally caught said weakfish or a bill-of-sale or receipt from a person who is a licensed retailer and legally obtained said weakfish for resale.
e) It shall be unlawful for any person to fish with any gill net in the Delaware Bay or Atlantic Ocean or to take and reduce to possession any weakfish from the Delaware Bay or the Atlantic Ocean with any fishing equipment other than a hook and line during the following periods of time:
Beginning at 12:01 AM on May 1, 1999 2000 and ending at midnight on May 9, 1999 2000;
beginning at 12:01 AM on May 14, 1999 12, 2000 and ending at midnight on May 16, 1999 14, 2000;
beginning at 12:01 AM on May 21, 1999 19, 2000 and ending at midnight on May 23, 1999 21, 2000;
beginning at 12:01 AM on May 28, 1999 26, 2000 and ending at midnight on May 30, 1999 28, 2000;
beginning at 12:01 AM on June 4, 1999 2, 2000 and ending at midnight on June 6, 1999 4, 2000;
beginning at 12:01 AM on June 11, 1999 9, 2000 and ending at midnight on June 13, 1999 11, 2000;
beginning at 12:01 AM on June 18, 1999 16, 2000 and ending at midnight on June 20, 1999 18, 2000;
and beginning 12:01 AM on June 24, 1999 2000 and ending at midnight on June 30, 1999 2000.”
f) The Department shall indicate on a persons food fishing equipment permit for hook and line four (4) specific days of the week during the period May 1 through October 31, selected by said person when applying for said permit, as to when said permit is valid to take in excess of fourteen (14) weakfish per day. These four days of the week shall not be changed at any time during the remainder of the calendar year.
g) It shall be unlawful for any person with a food fishing equipment permit for hook and line to possess more than fourteen (14) weakfish while on the same vessel with another person who also has a food fishing equipment permit for hook and line unless each person’s food fishing equipment permit for hook and line specifies the same day of the week in question for taking in excess of fourteen (14) weakfish.