Department of Natural Resources and Environmental Control
Division of Fish and Wildlife
FINAL
ORDER No. 2005-F-0026
Summary of Evidence and Information
Pursuant to due notice Vol. 8, Issue 10 Delaware Register of Regulations, 1412-1416 (April 1, 2005), the Department of Natural Resources and Environmental Control proposes changes to Tidal Finfish Regulation 3504 Striped Bass Possession Size Limit; Exceptions; Tidal Finfish Regulation 3541 Atlantic Sharks; Tidal Finfish Regulation 3512 Winter Flounder Size Limit; and proposes new Tidal Finfish Regulation 3566 Minimum Age for a Commercial Finfish Licensee or a Recreational Gill Net Licensee and new Shellfish Regulation 3701 Minimum Age for a Commercial Shellfishing Licensee or Non-Commercial Clamming Permittee.
A public hearing was held on April 27, 2005 to take comments on the above proposed amendments and new regulations. The comment period remained open until 4:30 PM May 2, 2005 for written, faxed, or e-mailed comments.
Findings of Fact
Conclusions
ORDER
It is hereby ordered this ____ of May, 2005 that amendments to Tidal Finfish Regulations 3504, 3541, 3512 and new Tidal Finfish Regulation 3566 and new Shellfish Regulation 3701, copies of which are attached hereto, are adopted pursuant to Sections 903(e)(2)(a), 903(f), and 1902(a)(4) of 7 Del.C. and are supported by the Department’s findings of evidence and testimony received. This Order shall become effective on June 10, 2005.
John A. Hughes, Secretary
Department of Natural Resources and Environmental Control
3504 Striped Bass Possession Size Limit; Exceptions. (Formerly Tidal Finfish Reg. 7)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 Notwithstanding, the provisions of 7 Del.C. §929(b)(1) or unless otherwise authorized, it shall be unlawful for any recreational fisherman to take and reduce to possession any striped bass that measures less than twenty-eight (28) inches in total length.
2.0 Notwithstanding, the provisions of 7 Del.C. §929(b)(1) or unless otherwise authorized, it shall be unlawful for any commercial food fisherman to take and reduce to possession any striped bass that measure less than twenty-eight (28) inches in total length from the tidal waters of this State except that commercial gill net fishermen may take striped bass measuring no less than twenty (20) inches in total length from the tidal waters of the Delaware River and Delaware Bay or their tributaries during the period from months of February 15 March and April through May 31 or from the tidal waters of the Nanticoke River or its tributaries during the period from February 15 through in the month of March.
3.0 Unless otherwise authorized, Iit shall be unlawful for any person to possess a striped bass that measures less than 28 inches, total length, unless said striped bass is in one or more of the following categories:
3.1 It has affixed, a valid strap tag issued by the Department to a commercial gill net fisherman and was legally taken and tagged by said commercial gill net fisherman from the tidal waters of the Delaware River and Delaware Bay or their tributaries during the period from months of February 15 March and April through May 31; or from the tidal waters of the Nanticoke River or its tributaries during the period from February 15 in through the month of March; or
3.2 It was legally landed in another state for commercial purposes and has affixed a valid tag issued by said state's marine fishery authority; or
3.3 It entered Delaware is packed or contained for shipment, either fresh or frozen, and accompanied by a bill-of-lading with a destination to a state other than Delaware; or
3.4 It was legally landed in another state for non commercial purposes by the person in possession of said striped bass and there is affixed to either the striped bass or the container in which the striped bass is contained a tag that depicts the name and address of the person landing said striped bass and the date, location, and state in which said striped bass was landed; or
3.5 It is the product of a legal aquaculture operation and the person in possession has a written bill of sale or receipt for said striped bass.
4.0 Unless otherwise authorized, Iit shall be unlawful for any commercial finfisherman to possess any striped bass for which the total length has been altered in any way prior to selling, trading or bartering said striped bass.
5.0 The words "land" and "landed" shall mean to put or cause to go on shore from a vessel.
6.0 It shall be unlawful for any person to land any striped bass that measures less than twenty-eight (28) inches in total length at any time, except those striped bass caught in a commercial gill net legally fished in the waters of Delaware River or Delaware Bay or their tributaries during the period from February 15 months of March and April through May 31 or from a commercial gill net legally fished in the tidal waters of the Nanticoke River or its tributaries in during the period from February 15 through the month of March.
7.0 It shall be unlawful for a commercial finfisherman authorized to fish during Delaware's commercial striped bass fishery to land any striped bass that measures less than twenty (20) inches in total length.
3512 Winter Flounder Size Limit; Possession Limit; Seasons
(Formerly Tidal Finfish Reg. 20)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 It shall be unlawful for any person to possess any winter flounder, (Pseudopleuronectes Pleuronectes americanus), that measure less than twelve (12) ten (10) inches, total length.
2.0 It shall be unlawful for any recreational fisherman to have in possession more than ten (10) winter flounder per day (a day being 24 hours) at or between the place where said winter flounder were caught and said recreational fisherman’s personal abode or temporary or transient place of lodging.
3.0 [Option 1 (Preferred)]. It shall be unlawful for any recreational fisherman to take and reduce to possession any winter flounder before 12:01 AM February 11 or after midnight April 10 in any given calendar year.
[Option 2 It shall be unlawful for any recreational fisherman to take and reduce to possession any winter flounder before 12:01 AM February 11 or after midnight April 30 in any given calendar year. Further, it shall be unlawful for any recreational fisherman to take and reduce to possession any winter flounder between 12:01 AM March 1 and 12:00 midnight March 20 in any given calendar year.
Other options for an open fishing season may be considered as long as they include a 20-day closure during the months of March and April and a 60 day open season as required for compliance with Amendment 1 to the Atlantic States Marine Fisheries Commission Winter Flounder Management Plan.]
3541 Atlantic Sharks
(Formerly Tidal Finfish Reg. 25)
(Penalty Section 7 Del.C. §936(b)(2))
1.0 Definitions:
“Fillet” shall mean to remove slices of fish flesh, of irregular size and shape, from the carcass by cuts made parallel to the backbone.
“Land or Landing” shall mean to put or cause to go on shore from a vessel.
“Management Unit” shall mean any of the large coastal species, small coastal species, pelagic species and prohibited species of sharks or parts thereof defined in this regulation.
“Large Coastal Species” shall mean any of the following species of sharks or parts thereof:
Great hammerhead, Sphyrna mokarran
Scalloped hammerhead, Sphyrna lewini
Smooth hammerhead, Sphyrna zyqaena
White shark, Carcharodon carcharias
Nurse shark, Ginglymostoma cirratum
Blacktip shark, Carcharhinus limbatus
Bull shark, Carcharhinus leucas
Lemon shark, Neqaprion brevirostris
Sandbar shark, Carcharhinus plumbeus
Silky shark, Carcharhinus falciformis
Spinner shark, Carcharhinus brevipinna
Tiger shark, Galeocerdo cuvieri
“Small Coastal Species” shall mean any of the following species of sharks or parts thereof:
Bonnethead, Sphyrna tiburo
Atlantic sharpnose shark, Rhizoprionodon terraenovae
Blacknose shark, Carcharhinus acronotus
Finetooth shark, Carcharhinus isodon
“Pelagic Species” shall mean any of the following species of sharks or parts thereof:
Porbeagle shark, Lamna nasus
Shortfin mako, Isurus oxyrinchus
Blue shark, Prionace qlauca
Oceanic whitetip shark, Carcharhinus longimanus
Thresher shark, Alopias vulpinus
“Prohibited Species” shall mean any of the following species of sharks or parts thereof:
Basking shark, Cetorhinidae maximus
White shark, Carcharodon carcharias
Bigeye sand tiger, Odontaspis noronhai
Sand tiger, Odontaspis taurus
Whale shark, Rhincodon typus
Bignose shark, Carcharhinus altimus
Caribbean reef shark, Carcharhinus perezi
Dusky shark, Carcharhinus obscurus
Galapagos shark, Carcharhinus galapaqensis
Narrowtooth shark, Carcharhinus brachyurus
Night shark, Carcharhinus siqnatus
Atlantic angel shark, Squatina dumerili
Caribbean sharpnose shark, Rhizoprionodon porosus
Smalltail shark, Carcharhinus porosus
Bigeye sixgill shark, Hexanchus vitulus
Sevengill shark, Heptranchias perlo
Sixgill shark, Hexanchus griseus
Longfin mako, Isurus paucus
Bigeye thresher, Alopias superciliosus
3 DE Reg 1088 (2/1/00)
2.0 It shall be unlawful for any person to land, purchase, trade, barter, or possess or attempt to land, purchase, trade, barter, or possess a prohibited species.
3.0 It shall be unlawful for any person to possess the fins from any shark in the management unit prior to landing said shark unless said fins are naturally attached to the body of said shark.
4.0 It shall be unlawful for any person to fillet a shark in the management unit prior to landing said shark. A shark may be eviscerated and the head removed prior to landing said shark.
5.0 It shall be unlawful to release any shark in the management unit in a manner that will not ensure said sharks maximum probability of survival.
6.0 It shall be unlawful for the operator of any vessel without a commercial food fishing license to have on board said vessel more than one shark in the management unit except that two Atlantic sharpnose sharks also may be on board in addition to the one shark in the management unit.
1 DE Reg. 345 (10/1/97)
3 DE Reg 1088 (2/1/00)
7.0 It shall be unlawful for any person who has been issued a valid commercial food fishing license while on board any vessel to possess any large coastal shark, any small coastal shark or any pelagic shark in the management unit during the remainder of any period after the effective date a commercial quota for that group of sharks has been reached in said period or is projected to be reached in said period by the National Marine Fisheries Service, National Oceanic and Atmospheric Administration and the U.S. Department of Commerce.
8.0 It shall be unlawful for any person to engage in a directed commercial fishery for a prohibited species.
9.0 It shall be unlawful for the operator of any vessel without a commercial foodfishing license to have on board said vessel any large coastal shark, any pelagic shark or any small coastal shark that measures less than 54 inches, fork length (tip of snout to indentation between dorsal and ventral tail lobes).
10.0 It shall be unlawful for any person without a commercial foodfishing license to take and reduce to possession any large coastal shark, any small coastal shark or any pelagic shark less than 54 inches.
11.0 It shall be unlawful for any person without a commercial foodfishing license to take and reduce to possession more than one large coastal shark, small coastal shark or pelagic shark per day (a day being 24 hours).
3566 Minimum Age for a Commercial Finfish Licensee or a Recreational Gill Net Licensee
(Penalty Section 7 Del.C. §936(b)(2)
1.0 An individual must be at least 16 years of age to qualify for a commercial foodfish license as defined in 7 Delaware Code §914 or to qualify for a food fishing equipment permit as defined in 7 Delaware Code §915, including recreational gill net permits and recreational drift gill net permits.
3701 General
1.0 An individual must be at least 16 years of age in order to qualify for any of the following licenses or permits:
[1.1 Commercial clam tong/rake license]
1.[2 1] Commercial clam dredge license
1.[3 2] Noncommercial clamming permit
1.[4 3] Commercial conch pot license
1.[5 4] Commercial conch dredge license
1.[6 5] Commercial crab pot license
1.[7 6] Commercial crab dredge license
1.[8 7] Commercial horseshoe crab collecting permit
1.[9 8] Horseshoe crab dredge permit
1.[10 9] Commercial lobster pot license
1.[11 10] Oyster harvesting license
[2.0 An individual must be at least 14 years of age in order to qualify for a commercial clam tong/rake license.]