DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
SSN# 2002-24
1. Title Of The Regulations:
Tidal Finfish Regulations
2. Brief Synopsis of the Subject, Substance and Issues:
The coast wide requirements for recreational black sea bass fishermen, as mandated by the Atlantic States Marine Fisheries Commission’s Fishery Management Plan (FMP), in 2003 are a 12.0 inch minimum size length with a 25 fish creel limit and a closed season from September 2, 2003 through September 15, 2003 and December 1, 2003 through December 31, 2003. Delaware currently has an eleven and one half (11.5) inch minimum size limit, a 25 fish creel limit and no closed season. It is proposed to amend Tidal Finfish Regulation No. 23 to increase the minimum size limit for black sea bass from 11.5 inches to 12.0 inches for recreational fishermen and establish a closed season for September 2, 2003 through September 15, 2003 and December 1, 2003 through December 31, 2003.
The Summer Flounder Fishery Management Plan (FMP) details the annual process that the Summer Flounder Fishery Management Board, the Mid-Atlantic Management Council and the National Marine Fisheries Service are to use to establish conservation equivalency for the recreational summer flounder fishery. These agencies agreed that the states would implement conservationally equivalent measures rather than a coastwide management program for summer flounder in 2003. Delaware is obligated to cap the summer flounder recreational harvest at 129,000 fish for 2003. This is only 22,271 more fish than were landed in 2002. Given that over one million marine recreational fishing trips occur annually in Delaware and that the 2000 year class of summer flounder was reported to be above average thus suggesting that more fish may be available for harvest in 2003; it is unadvisable to significantly alter the management measures that were in place for 2002. It is proposed that the seven management options that were presented for the 2002 fishing season, which included size ranges from 16 inches to 17.5 inches and creel limits ranging from 4 fish to 7 fish, and a variety of seasonal closures be presented again for public review and comment. The adopted management approach for 2002 included a 17.5 inch minimum size, 4 fish creel limit and closed season from January 1 through May 15. This particular option will be slightly adjusted by eliminating the closed season for the 2003 fishery. It is anticipated that the minimum size and bag limit will restrain the catch without the need for any additional reduction associated with the closures.
3. Possible Terms Of The Agency Action
Delaware is required to comply with specific Fishery Management Plans approved by the Atlantic States Marine Fisheries Commission. Failure to do so could result in complete closure of a specific fishery in Delaware
4. Statutory Basis Or Legal Authority To Act:
7 Del. C. § 903, 7 (e)(2)(a)
5. Other Regulations That May Be Affected By The Proposal:
None
6. Notice Of Public Comment:
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, (302) 739-3441. A public hearing on these proposed amendments will be held on February 24, 2003 at 7:30 PM in the DNREC Auditorium, 89 Kings Highway, Dover, DE 19901. The record will remain open for written comments until 4:30 PM, March 3, 2003.
7. Prepared By:
Richard Cole, (302) 739-4782, January 13, 2003
No. 23 Black Sea Bass Size Limits; 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 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) twelve (12) inches total length.
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 sea 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.
“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.” 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.
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. It shall be unlawful for any recreational fisherman to take and reduce to possession or to land black sea bass during the periods beginning at 12:01 AM on September 2, 2003 and ending at midnight on September 15, 2003 and beginning at 12:01 AM on December 1, 2003 and ending at midnight on December 31, 2003.
e) Is omitted intentionally.