ADVISORY COUNCIL ON TIDAL FINFISHERIES
MINUTES OF JANUARY 19, 2011
Richardson and Robbins Building Auditorium, 89 Kings Highway, Dover, Delaware 19901
Phone: 302-739-9914, Fax: 302-739-6157
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ADVISORY COUNCIL
Dewayne Fox, Ph.D., Chairman
Bernie Pankowski
Brian Hoffecker
James “Jay” Little
Marvin Kahl, Jr.
Ken Logan
P. “Wes” Townsend (Absent)
DIVISION OF FISH & WILDLIFE
Craig Shirey
Patrick Emory
Stewart Michels
Jeff Tinsman
Scott Newlin
Capt. John Rutherford
Kim Records
PUBLIC
16 Visitors
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Agenda Item 1. Welcome
At approximately 6:05, Dr. Fox called the meeting to order, welcomed everyone and expressed gratitude for their attendance.
Agenda Item 2. Approval of Minutes from 10/20/10
A motion passed to approve the minutes from October.
Agenda Item 3. ASMFC Updates from November Meeting
Mr. Shirey briefly went over pertinent updates from the November Atlantic States Marine Fisheries Commission meeting held in Charleston, SC. The Shad and River Herring Board discussed and clarified the new Amendment 2 to the FMP which requires any state that plans to maintain a directed fishery for river herring to submit a “Sustainable Fisheries Management Plan”. Such a plan requires that a state’s harvest of river herring will not affect future recruitment in that state’s spawning stock. Without an approved SFMP, states are required to close their fisheries by January 2012. Delaware cannot justify maintaining directed fisheries on river herring. He said that he & other DFW staff met with affected commercial fishermen to discuss the likely upcoming closure. The Striped Bass Board approved Addendum II to the FMP, which revises the definition of recruitment failure, but they did not approve any increase to the commercial coastwide quota. The Board also voted to accelerate the assessment schedule with an updated assessment this year to track changes in the striped bass fishery. The Spiny Dogfish and Coastal Sharks Board approved a 20 million pounds quota and 3,000 pounds possession limit for the 2011-2012 fishing seasons (May through April). Mr. Shirey said the method for determining the state-by-state allocation for this region will be based on 25% being divided up equally to each state in the region and 75% being allocated to each state based on historical landings. Final approval of this method is expected in March. Delaware’s public hearing on the proposed addendum is scheduled for February 8, at 6:00 PM at the Shoreline and Waterway Management Section’s Lewes Field Facility at 901 Pilottown Road, Lewes. Mr. Shirey said the National Marine Fisheries Service requested this Board consider new management measures to address the problem of recreational anglers targeting prohibited shark species from the shore. The Tautog Management Board reviewed the draft Addendum to the FMP. This addendum proposes options to address the illegal harvest and live market, and prevent increases in tautog fishing mortality. The current mortality rate is too high to rebuild the stock. Poaching has been identified as one of the biggest problems with very high rates of non-compliance. Delaware’s public hearing is scheduled to take place on February 8, at the Shoreline and Waterway Management Section’s Lewes Field Facility at 901 Pilottown Road, Lewes (same date & location as the Spiny Dogfish public hearing).
Agenda Item 4. Increasing Fines for Finfish Violations
Director Emory explained that the Division of Fish & Wildlife wants to make its environmental violations fines equal to the other DNREC Divisions fines. The current minimum fine for a Fish & Wildlife violation is $25 and the Divisions of Parks & Recreation and Air & Waste have minimum fines starting at $50. Mr. Emory pointed out several reasons to raise the minimum violation amount, but the most obvious are to bring the Divisions of this Department into uniformity and to try to deter anglers (and hunters) from committing fishing (and hunting) violations. He mentioned that this change would require legislative action. After much discussion, the Council passed a motion to support the DFW’s proposal to seek an increase in fines for fishing (and hunting) violations.
Agenda Item 5. New Jersey Black Drum Regulations Update
Mr. Shirey reminded everyone that Delaware adopted a black drum joint management plan with NJ which requires both states to have the same size/season/creel limit regulations. Delaware had expected NJ to change their regulations back when the plan was implemented, but they still have not done so, therefore the DE regulations will not yet change.
Agenda Item 6. Regulation Development
Mr. Shirey went over upcoming regulation developments. The 2010 Delaware summer flounder landings were found to be under quota and the 2011 coastwide quota will be increased. At the March 24 public hearing on summer flounder, two options will be presented: option A is an 18-inch minimum size limit, 4-fish creel limit and a closed season from Oct. 23 to Dec. 31, option B is an 18.5-inch minimum size limit, 4-fish creel limit and no closure. The public hearing will take place in this auditorium at 6:00 PM. The MAFMC and the Black Sea Bass Board decided to adopt coastwide management measures for black sea bass due to the quota being greatly exceeded. The measures include a 14-inch size limit, 25-fish creel limit and open seasons from July 1st to Oct. 1st, and Nov. 1st to Dec. 31st. However, if the ASMFC adopts regional management measures in order to address the overage, then the MAFMC has agreed to revert their management in the EEZ to the regulations that were in effect in 2010. Mr. Shirey stated that in consideration of DE’s lengthy regulatory process, he has already prepared to make the necessary changes if ASMFC decides to adopt the coastwide management measures, but the decision won’t be made until March. There will be a public hearing on black sea bass on March 24th beginning at 6:00 PM (same date/time as summer flounder public hearing). Mr. Tinsman displayed the proposed regulation to be added to Tidal Finfish Regulation 3536 Fish Pot Requirements: 5.0 It shall be unlawful to take or attempt to take any finfish within the geographic boundaries of any permitted artificial reef site under Delaware jurisdiction by any method other than hook and line or spear. The coordinates of Delaware permitted reef sites are defined in U.S. Army Corps of Engineers permit CENAP-OP-R-200500059-1 and any updated permits subsequently issued and are depicted on NOAA charts 12304 and 12214. He explained that this addition does not preclude conch pots being set on or near artificial reef sites because the wording only speaks of taking finfish. After some discussion, the Council passed a motion to approve the proposed amendment. Mr. Newlin explained the proposed modification to the regulation pertaining to Atlantic sharks. Because Delaware’s near-shore waters serve as important pupping, nursery and feeding grounds, many shark species are very vulnerable to fishing pressure, and studies show that these sharks suffer significant injury or death as a result of being caught by hook and line. A growing segment of the recreational fishery is apparently illegally targeting these shark species for sport and many fishermen are not immediately releasing their catch in a manner that ensures the greatest chance of survival. Mr. Newlin said that it is difficult to enforce fishing intent so the DFW is proposing to amend the regulations in order to improve enforceability of these regulations and to better define measures that will ensure a shark’s maximum probability of survival. There will be a public hearing in this auditorium on artificial reefs/gear restrictions and Atlantic sharks beginning at 6:00 PM on March 25th. The Council passed a motion to approve the proposed shark regulation.
Agenda Item 7. Agenda items for February 16 meeting
The next meeting is scheduled for February 16. Dr. Fox asked for topic ideas:
1. Presentation from Rich Wong of DFW regarding how summer flounder options are determined.
This meeting adjourned at about 8:15 PM.
Respectfully submitted,
Kim Records
Recording Secretary
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