Leipsic Fire Hall, 318 Main Street-Leipsic, Dover, DE 19901

Shellfish Advisory Council

March 9, 2011, 7:30 PM

Leipsic Fire Hall, 318 Main Street-Leipsic, Dover, DE 19901

Meeting Agenda

1. Approval of meeting minutes from 5/18/09 meeting

2. The following changes to Shellfish statutes are being proposed and will be discussed:

• Amend §1920 to allow transfer of the following shellfish licenses from an active commercial shell fisherman holding that license to a qualified apprentice: Crab pot, oyster harvester, clam tong/rake, clam dredge, lobster pot, surf clam, and horseshoe crab collector.

Synopsis: This proposed bill amends §1920 to allow for the transfer of shellfish licenses to a qualified individual after completion of the apprenticeship program. §1920 was enacted to allow for the orderly “generational” transfer of licenses from retiring watermen to younger watermen interested in entering the fishery. With limited entry of some fisheries under the current statutes, it restricts new entries to mostly family members. Transferring of licenses through the apprenticeship program allows entry other than family members. Presently, the shellfish licenses that can be transferred via this route include: crab and conch dredge licenses and conch pot licenses.

• Amend §1918 as follows:

(c) A commercial crab pot licensee or crab dredgers licensee may transfer a license at any time, including posthumously, to a member of the immediate family. A member of the immediate family shall mean a parent, child, sibling or spouse. A commercial crab pot licensee also may transfer a license to a designee provided the designee has been listed as same on the license for at least 2 consecutive years and such license has not previously been transferred to a designee on or after July 12, 1995. The transfer of the appropriate license shall be in writing.

Synopsis: Amending this statute would allow crab pot licenses to be transferred to a designee or family member without restriction.

• Amend §2101 – “Oyster harvesting licenses”

Insert new subsections (e) and (f): license cap; license renewal

Synopsis: Presently there is no hard cap on oyster harvesting licenses. This amendment to §2101 would limit the number of oyster harvesting licenses to the number issued on or by a prescribed date. Oyster harvesting licenses are not required to be renewed annually. This would require annual renewal of the oyster harvesting license.

• Amend §2105 – “Oyster harvest fees and tags”

Add (k) as follows: (proposed draft)

“(k) A person who has an oyster harvesting license may transfer their oyster harvesting quota to another person who has an oyster harvesting license.”

Alternate draft language:

(k) It shall be lawful for anyone with a valid oyster harvesting license to transfer oyster harvesting tags to another licensed oyster harvester authorized to participate in the oyster harvesting season, provided said transfer is made prior to said tags being issued by the Department. All transfers shall be in writing on forms supplied by the Department.

Synopsis:This bill allows a person who has an oyster harvesting license to transfer an oyster harvesting quota to another person who has an oyster harvesting license similar to Individual Transferrable Quota system adopted by the Department to administer the striped bass commercial fishery.