DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
REGISTER NOTICE
Tidal Finfish Reg. No. 23, Black Sea Bass Size Limit; Trip Limits; Seassons; Quotas
1. TITLE OF THE REGULATIONS:
TIDAL FINFISH REGULATION NO. 23, BLACK SEA BASS SIZE LIMIT; TRIP LIMITS; SEASONS; QUOTAS
2. BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE AND ISSUES:
To amend TIDAL FINFISH REGULATION NO. 23 in order to be in compliance with the Fishery Management Plan for Black Sea Bass, (FMP) approved by the Atlantic States Marine Fisheries Commission and the Mid Atlantic Fishery Management Council. The FMP requires the recreational harvest to be reduced by 27% relative to the 2000 harvest to meet the 2001 target. The minimum size limit for black sea bass is proposed to be increased from 10 inches to 11 inches with a daily creel limit of 25 sea bass and a closed fishing season from January 1 through May 9 for recreational fishermen.
3. POSSIBLE TERMS OF THE AGENCY ACTION:
If Delaware is found to be not in compliance with the FMP, the Black Sea Bass fishery may be closed by the Secretary of the U.S. Department of Commerce.
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 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, DE 19901, (302-739-3441). A public hearing will be held in the Department of Natural Resources and Environmental Control Auditorium, at the same address at 7:30 PM on Tuesday, February 20, 2001. The record will remain open for written comments until 4:30 PM on March 2, 2001.
7. PREPARED BY:
Charles A. Lesser, 302-739-3441, January 3, 2001
TIDAL FINFISH REGULATION NO. 23 BLACK SEA BASS SIZE LIMIT; TRIP LIMITS; SEASONS; QUOTAS
a) It shall be unlawful for any person commercial fisherman to have in possession any black sea bass Centropritis striata that measures less than ten (10) inches, total length.
b) It shall be unlawful for any recreational fisherman to have in possession any black sea bass that measure less than eleven (11) inches, total length.
c) It shall be unlawful for any person commercial fisherman 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) – 9,000 lbs.
Second Quarter (April, May and June) – 3,000 lbs.
Third Quarter (July, August and September) – 2,000 lbs.
Fourth Quarter (October, November and December) – 3,000 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.”
e) It shall be unlawful for any recreational fisherman to take and reduce to possession or to land any black sea bass during the period beginning at 12:01 AM on January 1 and ending at midnight on May 9, next ensuing.
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.