DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Statutory Authority: 7 Delaware Code,Section 6010, (7 Del.C. §6010)
Order No. 2003-F-008
TIDAL FINFISH REGULATION NO. 23 BLACK SEA BASS SIZE LIMIT; [TRIP LIMITS; LANDING PERMITS; QUALIFYING CRITERIA; SEASONS; QUOTAS]
Summary of Evidence and Information
Pursuant to due notice 6, issue 6 DE REG 757-758 (12/1/2002), The Department of Natural Resources and Environmental Control proposes to amend Tidal Finfish Regulation No. 23 pertaining to black sea bass. Specifically the proposed regulation would allocate Delaware's commercial black sea bass quota to those individuals that meet qualifying criteria based on historical performance in the fishery. In order to qualify for quota in the commercial pot fishery individuals must be able to demonstrate that they or their vessels landed at least 10,000 pounds of black sea bass by pot gear during the period 1994 through 2001. Landing information documented in either the state landing reports or the federal National Marine Fisheries Service databases shall be used to verify landings in the pot fishery.
Those individuals participating in the commercial hook and line fishery for black sea bass must be able to demonstrate that they landed black sea bass by this gear type during the period 1994 through 2001. Landing information in the state or federal data base may be used for verification purposes.
Additional changes to Tidal Finfish Regulation No. 23 include requirements that participants in the pot fishery must have a current federal moratorium permit in conjunction with a state commercial food fish license. Those individuals with only federal landing data history must also have had a state commercial food fishing license for at least one year during the time frame 1994 through 2001. Participants in the commercial black sea bass fishery must pre-register with the Department 15 days after the regulation is signed by the Secretary. Ninety six percent of the quota will be allocated to the pot fishery and the remaining four- percent to the hook and line fishery. Shares of the quota will be evenly divided between those individuals who qualify for each of the two fisheries. Quota shares may not be transferred between fishermen and each fishermen is required to report landings to the Department within one hour of packing out each days catch.
A public hearing was held on the proposed amendments to Tidal Finfish Regulation No.23 on January 8, 2003. Comments were taken on the proposed quota allocation program and written testimony was received after the hearing.
Finding of Fact
The majority of people (six) that testified at the hearing preferred Option 1 for the commercial pot fishery, which required history in the state database in order to qualify for the landing permit and quota.
Two people provided written comments that indicated verification of landings by pot gear in the federal database should also be a means for qualifying for the landing permit and quota. Comments from two people that testified at the hearing suggested that federal history on a vessel should be used as part of the qualifying process for the pot fishery.
There was no opposition to the pre-register requirement or the mandatory call in of landings via the Department's interactive voice reporting system.
Five of the seven people that testified at the hearing suggested a harvest threshold requirement should be incorporated into the qualifying criteria in order to show significant historical participation in the fishery. The participants at the public hearing discussed ten thousand pounds as a reasonable threshold level. One person submitted written comments suggesting that a five thousand-pound threshold be included in the qualifying criteria.
The one person at the public hearing who participated in the commercial black sea bass hook and line fishery supported option 1 for the hook and line fishery. This person supported a requirement that some history in the fishery be required in order to qualify.
There was no opposition to the proposed requirement that quota could not be transferred between fishermen. In addition, there was no opposition regarding the requirement for paying back individual overages that may occur from year to year.
Conclusions
I have reached the following conclusions:
A commercial black sea bass landing permit should be required for anyone landing black sea bass in Delaware for commercial purposes. The commercial pot and hook and line fisheries for black sea bass should have separate permits, quotas and qualifying criteria. As part of the pot fishery qualifications an individual or an individual's vessel must have a history of landing at least 10, 000 pounds of black sea bass during the period 1994 through 2001 as verified in either the state or federal landing data bases. Furthermore, a current federal moratorium permit and current state commercial food fishing license should also be required. Those individuals or owners of vessels with only federal database history should be required to have had a state commercial food fish license for at least one year during the period 1994 through 2001. In order to qualify for a landing permit and quota in the commercial hook and line fishery a person or a person's vessel must have history of landing black sea bass by commercial hook and line during the time frame 1994 through 2001. Landing history for the hook and line fishery can be verified through either the state or federal landing database.
Delaware's commercial quota for black sea bass should be allocated 96 percent to the pot fishery and 4 percent to the hook and line fishery. The number of individuals that qualify to participate will evenly divide shares of these allocations, by fishery. Individual quotas should not be transferred between fishermen and any overages of individual quotas will be deducted from the person's next year's quota and distributed to those who did not go over quota.
Individuals who qualify to participate in either the pot or hook and line commercial black sea bass fishery should pre-register with the Department by 4:30 PM on a date no later than 15 days after the regulation is signed by the Secretary. Participants should be required to notify the Department, via the interactive voice telephone reporting system, each days harvest within one hour after packing out their landings.
ORDER
It is hereby ordered this 6th day of February 2003 that amendments to Tidal Finfish Regulation 23 and 4 copies of which are attached hereto, are adopted pursuant to 7 Del. C. § 903 (e)(2)(a) and are supported by the Department's findings of evidence and testimony received. This order should become effective on March 15, 2003.
John A. Hughes, Secretary,
Department of Natural Resources and Environmental Control
[Proposed Final] Amendments To Tidal Finfish Regulations
TIDAL FINFISH REGULATION NO. 23 BLACK SEA BASS SIZE LIMIT; [TRIP LIMITS; LANDING PERMITS; QUALIFYING CRITERIA; 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. and has a reported landing history in either the federal or state reporting systems of landing by pot at least 10,000 pounds of black sea bass during the period 1994 through 2001. Those individuals that have landing history only in the federal data base must have possessed a state commercial food fishing license for at least one year during the time from 1994 through 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 in either the federal or state landing report systems for black sea bass harvested by hook and line during at least one year between 1994 through and 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 [by the Atlantic States Marine Fisheries Commission] 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 [and distributed to those individuals in the appropriate fishery that did not exceed their quota.]
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 [particular] fishery. A share shall be determined by dividing the number of pre-registered participants in [one of the two recognized fisheries 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).]