DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
ORDER
Tidal Finfish Reg. No. 23, Black Sea Bass Size Limit; Trip Limits; Seasons; Quotas
SUMMARY OF EVIDENCE AND INFORMATION
Pursuant to due notice 6 DE Reg. 35 - 36 (7/01/02), the Department of Natural Resources and Environmental Control proposed to amend Tidal Finfish Regulation Nos. 23 and 24. Regulation No. 23 pertains to the minimum size limit for black sea bass harvested by commercial fishermen. Regulation No. 24 establishes size requirements for escape vents in fish pots. These proposed measurers are required in order to remain in compliance with the Atlantic States Marine Fisheries Commission's (ASMFC) Summer Flounder, Scup and Black Sea Bass Fishery Management Plan. The Black Sea Bass Management Board of ASMFC adopted a motion in August 2001 to increase the minimum commercial fish size limit from 10 ten inches to 11 eleven inches. In addition, a motion was passed by the Board to increase the escape vent sizes required in commercial sea bass pots to the following dimensions: rectangular vent 1.375 inches x 5.75 inches; circular vent 2.375 inches; square vent 2 inches; wooden lathes spacing no less than 1.375 inches. The Atlantic Coastal Fishery Cooperative Management Act (1993) requires Atlantic coastal states to comply with interstate fishery management plans adopted by the ASMFC. A public hearing was held on July 23, 2002.
FINDINGS OF FACT
I find the following facts from the testimony and evidence presented.
• Delaware is required to comply with the management measurers for black sea bass approved by the Black Sea Bass Fishery Management Board, Atlantic States Marine Fisheries Commission or face the probable closure of the sea bass fishery.
• §903, 7 Del.C. authorizes the Department to promulgate tidal finfish regulations that are consistent with interstate fishery management plans.
• The ASMFC Black Sea Bass Management Board adopted a motion in August of 2001 to increase the minimum size limit to eleven (11) inches for commercially harvested black sea bass.
• The ASMFC Black Sea Bass Management Board adopted a motion in August of 2001 to increase the escape vent size requirements in fish pots used for harvesting black sea bass to the following dimensions: rectangle vent 1.375 x 5.75; circular vent 2.375 inches diameter; square vent 2 inches; wooden lathes spacing 1.375 inches.
CONCLUSION
I have reached the following conclusion:
• Tidal Finfish Regulation No. 23 should be amended to implement the required changes in the commercial black sea bass fishery.
• The minimum size for commercially harvested black sea bass should be 11 inches.
• Tidal Finfish Regulation No. 24 should be amended to implement the required changes adopted by the ASMFC Black Sea Bass Board.
• Escape vent minimum size requirements for fish pots used in harvesting black sea bass should be as follows: rectangle vents 1.375 inches x 5.75 inches; circular vents 2.375 inches diameter; square vents 2 inches; wooden lathes spacing 1.375.
ORDER
It is hereby ordered this 6th day of August in the year 2002 that amendments to Tidal Finfish Regulation Nos. 23 and 24, 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 September 10, 2002.
Nicholas A. DiPasquale, Secretary
Department of Natural Resources and
Environmental Control
Final Amendments to Tidal Finfish Regulations Pertaining to Black Sea Bass Size Limit and Fish Pot Requirements
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) 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.
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.”
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.
e) Is omitted intentionally.
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.