DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Statutory Authority: 7 Delaware Code,Section 903(e)(2)(a) (7 Del.C. 903 (e)(2)(a))
23 Tidal Finfish Black Sea Bass Size Limit; Trip Limits; Seasons; Quotas
Order No. 200-FW-0043
1. AUTHORITY
Pursuant to 29 Del.C., §10119, the Department of Natural Resources and Environmental Control is adopting an amendment to Tidal Finfish Regulation No.23 BLACK SEA BASS SIZE LIMIT; TRIP LIMITS; SEASONS; QUOTAS without prior notice or public hearing to reduce the commercial possession limit for the fourth quarter (October 1-December 31) from 3000 pounds to 2000 pounds and to 1000 pounds when 50% of the fourth quarter quota is projected to be taken. 7 Del.C., § 903(e)(2)(a) authorizes the Department to promulgate regulations concerning species of finfish that spend part or all of their life cycle within the tidal waters of the state; provided, that such regulations are consistent with interstate fishery management plans developed for the protection and conservation of said finfish.
2. REASONS FOR EMERGENCY ORDER
The Atlantic States Marine Fisheries Commission’s Summer Flounder, Scup and Black Sea Bass Management Board approved emergency action for this year’s fourth quarter black sea bass fishery. The Board’s actions were taken in consultation with the Mid-Atlantic Fishery Management Council. The primary reason for this action is to maintain the integrity of the black sea bass conservation program, while allowing for the fullest utilization of the resource by commercial fishermen year-round.
Black Sea Bass is jointly managed by the Commission, through its Black Sea Bass Fishery Management Plan (FMP), and the Council, through Amendment 9 to the Summer Flounder, Scup and Black Sea Bass FMP. These plans manage the commercial black sea bass fishery through a quota that is divided among four periods-Quarter I (January-March), Quarter II (April-June), Quarter III (July-September), and Quarter IV (October-December). Commercial black sea bass landings are monitored weekly to ensure the timely closure of the fisheries once the quota for each period is landed. Both plans set out a series of trip limits that are designed to extend the quota throughout the quota period, thereby, maximizing the benefits of the available quota.
The Atlantic Coastal Fisheries Cooperative Management Act (1993) requires states to comply with fishery management plans adopted by the Atlantic States Marine Fisheries Commision.
3. EFFECTIVE DATE OF ORDER
This order shall take effect at 12:01 AM on October 1, 2000 and shall remain in effect until 12:00 PM on December 31, 2000.
4. PETITIONS FOR RECOMMENDATIONS
The Department will receive, consider and respond to petitions by any interested person for reconsideration or revision of this order. Petitions should be presented to the Fisheries Section, Division of Fish and Wildlife, 89 Kings Highway, Dover, DE 19901.
ORDER
It is hereby ordered, this 6th day of September, 2000 that the above referenced amendment to Tidal Finfish Regulation No. 23, a copy of which is attached hereto, is adopted pursuant to 29, Del. C. § 10119.
Nicholas A. DiPasquale
Secretary, Department of Natural Resources and Environmental Control
Be it adopted by the Department of Natural Resources and Environmental Control the following amendment to Tidal Finfish Regulation No. 23.
Section 1. Amend Tidal Finfish Regulation No. 23, BLACK SEA BASS SIZE LIMIT; TRIP LIMITS; SEASONS; QUOTAS, in subsection (c) by striking the number and word “3,000 lbs.” as they appear in “Fourth Quarter (October, November and December)- 3,000 lbs.” and substitute in lieu thereof the number and words “2,000 lbs. with a reduction to 1,000 lbs. when 50% of the quota for the fourth quarter is projected to be taken.”
Section 2. This amendment to Tidal Finfish Regulation No. 23 shall become effective on October 1, 2000 and shall remain in effect until 12:00 PM on December 31, 2000.
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) Open See 2 DE Reg 1900 (4/1/99)
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 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. 2,000 lbs. with a reduction to 1,000 lbs. when 50% of the quota for the fourth quarter is projected to be taken.
“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.”
3 DE Reg 1088 (2/1/00)
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 23.3 after the date in said quarter that the National Marine Fisheries Services determines that quarter’s quota is filled.”
1 DE Reg 1772 (5/1/98)