Advisory Council on Tidal Finfisheries s1

ADVISORY COUNCIL ON TIDAL FINFISHERIES MINUTES OF FEB. 18, 2009

Richardson and Robbins Building Auditorium, 89 Kings Highway, Dover, Delaware 19901 Phone: 302-739-9914, Fax: 302-739-6157

ADVISORY COUNCIL DIV ISION OF FISH & WILDLIFE PUBLIC Dewayne Fox, Ph.D., Chairman Roy Miller 10 Visitors Bernie Pankowski (absent) Craig Shirey Brian Hoffecker (absent) Rick Cole Vernon Giuttari (resigned) Kim Records James “Jay” Little Marvin Kahl, Jr. Ken Logan

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.

Introduction regulation, which is consistent with current NJ Dr. Fox called the meeting to order at 6:00 PM and regulations. Then, after NJ’s proposed regulations welcomed everyone. become effective, we would then proceed with changing our regulations (Version 2 of the draft regulation) to stay Agenda Item 2. Approval of Minutes from 10/15/08, comparable to NJ. It is possible that the NJ proposal will 11/19/08 & 1/21/09 Meetings not pass, and if this should happen, Mr. Miller A motion was made, seconded and carried to approve the recommends DE staying with Version 1. Some debate minutes from the October, November and January took place regarding the best way to handle the possibility meetings. that NJ’s proposal does not go through as it is currently written. The Council agreed that it would be best for DE Agenda Item 3. Discussion of Path Forward to proceed with Version 1 of the draft regulations, and if Regarding Complementary Black Drum Regulations the current NJ proposal does not pass, then DE will deal with New Jersey with the consistency issue at a later time. Mr. Little Mr. Miller directed attention to copies made available at made a motion to approve Mr. Miller’s recommendation the entrance to the auditorium regarding making changes (Version 1) to proceed with implementing a joint black to black drum regulations. He then explained that he drum FMP with NJ – motion passed. These changes drafted a Start Action Notice to begin the regulatory would be considered an interim FMP for black drum change process to the current Delaware black drum because, if in the future the ASMFC should implement its regulation, and he drafted two versions of the black drum own coastwide FMP, it would then replace the joint FMP regulation including changes which would reflect New between DE and NJ. Jersey’s black drum regulation. The first version of the new regulation is comparable to NJ’s current black drum Agenda Item 4. Draft Policy Language to Address the regulation, and the second version reflects NJ’s proposed Fish Pot/Artificial Reef Issue black drum regulation. Currently NJ has a recreational Mr. Miller drew attention to copies of his draft policy black drum regulation of 3 fish at a minimum of 16 regarding setting fish pots on artificial reef sites. He inches, and they are proposing 2 fish at a minimum of 32 asked the Council if they agree with the intent and inches. The current NJ commercial regulations are 16- wording of this policy as written. He added that it must inch minimum size, 10,000 pounds/day trip limit with an be understood that this policy would rely solely on annual statewide quota of 65,000 pounds. New Jersey is voluntary compliance because it would not be enforceable proposing to set commercial regulations with a 32-inch by law. He commented that he wants to be responsive to minimum size limit, 5,000 pounds/day trip limit and an the Council’s suggestion to try this resolution as a policy annual statewide quota of 50,000 pounds. Mr. Miller in order to avoid the lengthy regulatory process. added that NJ’s Administrator for Fisheries does not However, because this policy would not be enforceable, expect the regulatory process for their black drum he decided to ask for a legal opinion from the Attorney proposal to be complete until the beginning of summer. General’s Office concerning the DFW’s regulatory After some discussion, Mr. Miller recommended that DE authority for zoning of commercial gear on artificial reef proceed with implementing Version 1 of the draft sites and for waiving individual pot-marking requirements on these sites. The reason for taking this step is to try to tributaries. He mentioned that more internal discussion is avoid any future problems should more commercial planned to take place regarding allowing some fishing up watermen decide that they also want to fish in a similar into the Lewes-Rehoboth Canal and identifying where manner. He said Director Emory just reviewed this draft exactly the Delaware Bay ends and the Rehoboth Bay policy earlier today, so he has not yet sent his request for begins. He said an update will be provided at a future a legal opinion, and so he’s not sure when he will receive meeting. an answer. Mr. Little complimented Mr. Miller on the wording of the draft policy, stating that he thinks he Agenda Item 6. Brief Update on Weakfish Stock captured the spirit and intent of the sub-committee. He Status added that he appreciates the DFW’s sincere effort in Mr. Miller said that at the ASMFC meeting on February considering recreational and commercial fishing interests 5, the Weakfish Board received an update on the stock and the desire to compromise and avoid conflict. After assessment process. He explained that the Weakfish thanking Mr. Little, Mr. Miller explained that he found Technical and Stock Assessment Committees are out earlier today that his wording is not quite accurate currently preparing a stock assessment for submission to regarding the way the fish pots are to be set up. The the North East Fisheries Science Center for a peer review amendments which need to be made to this draft policy in June. Until a peer-reviewed stock assessment is are, that floats should be above water at all times, 125 feet accepted, regulations will remain unchanged coastwide. of non-buoyant line should be used between fish pots in a string and orange ball floats with flags should be used at Agenda Item 7. Summer Flounder and Black Sea Bass the ends of each pot string. Mr. Miller pointed out that Regulatory Hearing Notice there is a stipulation at the end of the policy which states Mr. Cole briefly reviewed the regulatory process for that if one or more commercial watermen refuse to making changes to regulations. He said that a public conform to the policy, after being notified by an agent of hearing for summer flounder and black sea bass is the DNREC, then the policy shall be rescinded and the scheduled for March 26 at 7:00 PM, and added that marking of fish pots shall conform strictly to §920 and written public comments will be accepted from March 4 §921 of 7 Del. C. He also mentioned that it has been until April 3. The three options offered for this year’s suggested from someone in the Office of the Secretary summer flounder fishing season all include a limit of four that the regulation-setting process should begin fish per angler and no closed fishing season. The size simultaneously with implementation of this policy in case limits to choose from are 19.5, 19 or 18.5 inches. Mr. it fails. The reason being that the regulation process is Cole said he will warn the public during the hearing that about 4 months long, so beginning the process now would the lower size limit would involve more risk to the save time. Dr. Fox commented that this would go against summer flounder stock. Because DE was under the the spirit in which this resolution for a policy was allowable statewide quota for 2008, the 2009 harvest cap originally favored and he would like for the policy to be is up to 65,000 fish. In order to stay in compliance with given a chance before beginning the regulation-setting the ASMFC’s new coastwide size limits for black sea process. The other Council members expressed the same bass, DE’s regulation will have to be amended to a feeling. He is also concerned that accusations could recreational size limit of 12.5 inches and the commercial surface that the DFW tried to “back door” a new size limit will remain at 11 inches. These 2009 regulation. Mr. Miller responded that he understands. regulations will become effective on May 11. Mr. Kahl made a motion, with the stipulation that the aforementioned amendments be added, to approve the Agenda Item 8. Agenda Items for March 18 Meeting DFW going forward with implementation of this policy – and Meeting Start Time motion passed. The March 18, 2009 meeting will start at 6:00 PM. 1. Update on joint management plan with NJ for Agenda Item 5. Update on New Striped Bass black drum. Regulations 2. Final wording of fish pot policy. Mr. Shirey said that the public hearing for the Striped 3. MRFSS data. Bass Slot Limit proposed regulation was held on January 4. Brief update on fish license funding. 26, and after the DFW made its presentation, there were 5. Update on shad restoration. no comments received from audience members. The There being no further business, the meeting adjourned at report from the Hearing Officer was sent to the Acting 7:25 PM. Dept. Secretary, and he signed the regulation, which will appear in next month’s Register of Regulations and Respectfully submitted, becomes effective 10 days after publication. To review; this regulation allows two striped bass, from 20 to 26 inches, from July 1 to August 31, caught by recreational Kim Records hook & line only in the Delaware River, Bay and its Recording Secretary