ADVISORY COUNCIL ON TIDAL FINFISHERIES

MINUTES OF JAN. 21, 2009

Richardson and Robbins Building Auditorium, 89 Kings Highway, Dover, Delaware 19901

Phone: 302-739-9914, Fax: 302-739-6157

2

ADVISORY COUNCIL

Dewayne Fox, Ph.D., Chairman

Bernie Pankowski

Brian Hoffecker

Vernon Giuttari (absent)

James “Jay” Little

Marvin Kahl, Jr.

Ken Logan (absent)


DIVISION OF FISH & WILDLIFE

Roy Miller

Jeff Tinsman

Jordy Zimmerman

Scott Newlin

Lt. John Rutherford

Patrick Emory

Kim Records


PUBLIC

12 Visitors

2

A digital recording of this meeting may be screened in the Fisheries Section of the Division of Fish & Wildlife at the Richardson & Robbins Building in Dover. For further information, please contact the Fisheries section at (302)739-9914.

2

2

Introduction

Dr. Fox called the meeting to order at 6:00 PM and welcomed everyone.

Agenda Item 2. Approval of Minutes from 10/15/08 and 11/19/08 Meetings

Dr. Fox stated that approval of the minutes from these two meetings will be postponed until the next meeting in February because the November minutes were just finalized by DFW staff. This will give Council members time to properly review the minutes.

Agenda Item 3. Discussion on New Tautog Management and ASMFC Consistency

Mr. Miller said that tautog is a species which is managed by the ASMFC. He explained that Delaware can be more restrictive than the ASMFC Fishery Management Plan for Tautog, but there would be the risk of legal challenge. If DE chose to be more restrictive than the ASMFC FMP, there would also be a risk of excessive, unnecessary restrictions, should ASMFC apply further limits after DE put individual limits in place. Mr. Tinsman then gave a thorough power point presentation which reviewed the history of tautog regulations, explained the aspects of tautog life history, showed Marine Recreational Fishing Statistics Survey (MRFSS) results from 1981 to the most recent wave available, and DFW data collections (including the twice-weekly DE Reef Aerial Survey, which shows that effort has been fairly stable from 1997-2007). Tautog landings tend to go up and down radically. This species is over-fished, but it is not known if over-fishing is currently occurring. Mr. Tinsman said the next stock assessment is not scheduled but may occur in 2010 with implementation of any changes in 2011. Based on this relatively short time-frame, he stated that he does not recommend any voluntary changes at this time. He added that in reviewing all the data available, he does not see any need for DE to implement any changes before the ASMFC requires it. The DFW greatly appreciates the concern for the tautog resource and encourages participation from the public in the decision-making process.

Agenda Item 4. Black Drum Management with New Jersey

Mr. Miller explained that currently there is no management plan for black drum on the East coast, but the ASMFC is at least interested in future management of this species. He said that he doubts there will be an FMP in the near future due to budget constraints. As mentioned at previous meetings of this advisory council, DE does have the ability to implement a joint management plan with a neighboring state, such as NJ. New Jersey already has regulations in place for black drum and they are currently in the regulation setting process to change these regulations to a recreational 32-inch minimum size limit with a 2-fish creel limit, and a commercial 32-inch minimum size, 5,000 pounds per trip limit and an annual quota of 50,000 pounds. Mr. Miller stated that the DFW can choose to take no action and wait for the ASMFC to implement an FMP, join with NJ now, or join with NJ once their proposed regulation changes have been approved. Mr. Little commented that he recalls at the last meeting that the Council approved the proposal for the DFW to join with NJ in a black drum management plan. Dr. Fox clarified that at the November meeting a motion was passed “to develop” a joint management plan with NJ, but according to what Mr. Miller is explaining tonight, DE would have to join with NJ’s current regulations or wait a little while to join with their already proposed changes. He also reminded everyone that the meeting minutes from November are not yet approved. Mr. Zimmerman then asked Mr. Miller if, in the future (should a joint management plan with NJ be established), DE would have to make any regulation changes that NJ decides to make. Mr. Miller answered positively, explaining that he believes the joint plan would force the two states to make identical changes in the future. At Council’s request, Mr. Miller stated that he will start regulatory procedures in order to establish a joint black drum management plan with NJ’s proposed regulation changes.

Agenda Item 5. Enforcement Considerations in the Toadfish Pot Fishery

Mr. Miller explained that he has discussed this issue at length with Lt. Rutherford, and there is a legal problem with the non-regulatory resolution reached by the sub-committee, because according to an existing statute each fish pot is required to be marked. He reminded everyone that the sub-committee resolved to allow a particular commercial waterman to string pots together over an artificial reef site with only the end pots being marked. Mr. Miller asked the Council if they would approve of the DFW issuing a special permit to this particular waterman allowing him to fish as recommended by the sub-committee. Mr. Little asked for clarification on how this special permit would authorize this waterman to fish his gear. Mr. Miller stated that the permit would detail a particular area, time-frame, fishing gear (fish pots) and include a pot-marking waiver. He offered to write a draft to present to the Council at the next meeting. Mr. Pankowski expressed concern that this action could trigger more requests for similar “special” permits. Lt. Rutherford commented that this special permit is the only resolution he can think of to get around the legal issue, otherwise a statutory change would be necessary. Mr. Miller reminded everyone that there is currently only one commercial fisherman who fishes in this manner, but there are no rules to prevent others from setting pots in this same area. He added that this special permit would be strictly enforced, and if violated, will be revoked. Dr. Fox asked that this draft permit be presented to the Council at the next meeting.

Agenda Item 6. Announcement of the Hearing Date for Striped Bass Slot Limit Proposal

Mr. Miller said that the hearing date to gather public comments on the proposal to allow a recreational slot limit of two striped bass at 20-26 inches in Delaware River and Bay and their tributaries during July and August will be held January 26 at 6:30 PM in this auditorium. Please come to this hearing if you wish to make any comments for the record.

Agenda Item 7. Review of F.I.N. (Fisherman Information Network) Number

Mr. Miller briefly reviewed the new F.I.N. number program, which requires everyone fishing in Delaware waters to obtain an individual number (via calling 1-800-432-9228 or visiting www.delaware-fin.com) before going fishing. The information collected will be provided to the National Marine Fisheries Service (NMFS) for survey purposes to aid in fisheries management. He then updated everyone on the recent decision to not require this of anglers fishing only from charter and head boats. He explained that charter and head boats are covered under a separate federal survey.

Agenda Item 8. Agenda Items for February 18 Meeting and Meeting Start Time

The February 18, 2009 meeting will start at 6:00 PM.

1.  Update on joint management plan with NJ for black drum.

2.  Update on toadfish permit.

3.  Update on striped bass.

4.  Update on weakfish.

5.  Summer flounder hearing date.

There being no further business, the meeting adjourned at 8:05 PM.

Respectfully submitted,

Kim Records

Recording Secretary

2