DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
ORDER
SUMMARY OF EVIDENCE AND INFORMATION
Tidal Finfish Reg. No. 23, Black Sea Bass Size Limit; Trip Limits; Seasons; Quotas
Pursuant to due notice 4 DE Reg. 1490-1492 (03/01/01), the Department of Natural Resources and Environmental Control proposed to amend Tidal Finfish Regulation Nos. 21 and 23 and add a new Tidal Finfish Regulation to adjust the recreational minimum size limit and implement a daily creel limit on scup, adjust the commercial fishing quarterly trip limits and quarterly closures as determined by the Atlantic States Marine Fisheries Commission (ASMFC) and maintain the closure of the commercial fishery for spiny dogfish. It also proposed a new shellfish regulation to require the use of bycatch reduction devices in all recreational crab pots to minimize the capture and subsequent drowning of diamond back terrapins. The tidal finfish regulations are required to remain in compliance with fishery management plans adopted by the Atlantic States Marine Fisheries Commission. The Atlantic States Coastal Fisheries Cooperative Management Act (1993) requires Atlantic coastal states to comply with interstate fishery management plans adopted by the ASMFC. The shellfish regulation is the result of four years of research to conserve the diamond back terrapin.
A public workshop on the bycatch reduction device for recreational crab pots was held on February 6, 2001. A public hearing was held on all the above proposed regulations on March 27, 2001.
FINDINGS OF FACT
I find the following facts from testimony and evidence presented:
• §903, 7 Del. C. authorizes the Department to promulgate tidal finfish regulations that are consistent with interstate fishery management plans.
• §1902, 7 Del. C. authorizes the Department to promulgate shellfish regulations to provide for the preservation and improvement of the shellfish resources of the state.
SCUP
• The Atlantic States Marine Fisheries Commission adopted measures that require states to the south of New Jersey to implement and enforce a minimum size limit on scup of 8 inches and a daily creel limit of 50 scup in order to reduce the coastwide landings of scup by 33%.
BLACK SEA BASS
• The Atlantic States Marine Fisheries Commission adjusts the quarterly trip limits for commercial fishermen for black sea bass.
• The Atlantic States Marine Fisheries Commission may close the black sea bass fishery for the remainder of any quarter when the quarterly quota is landed.
SPINY DOGFISH
• The Atlantic States Marine Fisheries Commission requires coastal states to maintain the emergency closure of the commercial fishery for spiny dogfish until such time the commission adopts a fishery management plan for the spiny dogfish or the fishery recovers.
BLUE CRAB – DIAMOND BACK TERRAPIN
• The population of diamond back terrapins is on a decline.
• Diamond back terrapins are captured and drown in crab pots.
• Bycatch reduction devices, placed in the funnel entrances to crab pots, can reduce the capture of diamond back terrapins and not adversely affect the catch of crabs
• The optimum size of a bycatch reduction device in Delaware for reducing the catch of diamond back terrapins is no more that 1.75 inches in height x 4.75 inches in height.
• Diamond back terrapins congregate near the shore in shallow water and in tidal tributaries where only recreational crab pots are authorized to be used.
CONCLUSION
I have reached the following conclusion:
The Department should adopt tidal finfish regulations to comply with the requirements of the Atlantic States Marine Fisheries Commission relative to recreational scup minimum size limits and creel limits, quarterly trip limits and closure of the black sea bass fishery and the emergency closure of the spring dogfish fishery in state waters. It should also adopt a shellfish regulation requiring the use of bycatch reduction devices in recreational crab pots in order to reduce the fishing mortality of diamond back terrapins.
ORDER
It is hereby ordered this 6th day of April in the year 2001 that amendments to Tidal Finfish Regulation Nos. 21 and 23, new Tidal Finfish Regulation No. 27 and new Shellfish Regulation No. S-34, copies of which are attached hereto, are adopted pursuant to 7 Del.C. §1902 and are supported by the Department’s findings of evidence and testimony received. This Order shall become effective on May 10, 2001.
Nicholas A. DiPasquale, Secretary, Department of Natural Resources and Environmental Control
Shellfish Regulation
TIDAL FINFISH REGULATION NO. 23 BLACK SEA BASS SIZE LIMIT; 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 ten (10) inches, total length.
b) Is omitted intentionally.
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 following quantities quantity of black sea bass during the quarter listed. determined by the Atlantic States Marine Fisheries Commission for any quarter.
First Quarter (January, February and March) -
9,000 pounds.
Second Quarter (April, May and June) –
3,000 pounds.
Third Quarter (July, August and September) –
2,000 pounds.
Fourth Quarter (October, November and
December) – 3,000 pounds.
The Department shall notify each individual licensed in Delaware 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.
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 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.