Advisory Council on Tidal Finfisheries

ADVISORY COUNCIL ON TIDAL FINFISHERIES MINUTES OF SEPT. 17, 2008

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 26 Visitors Bernie Pankowski Rick Cole Brian Hoffecker (absent) Des Kahn, Ph.D. Vernon Giuttari (absent) Stewart Michels James “Jay” Little Scott Newlin Marvin Kahl, Jr. (absent) Kim Records 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 Dr. Kahn said the DFW’s striped bass slot limit proposal Dr. Fox called the meeting to order at 6:00 PM and for 1 or 2 fish, from a slot size limit of either 20-24 welcomed everyone inches, or 20-26 inches, during a two-month time period was jointly submitted with the PA Fish and Boat Agenda Item 2. Approval of Minutes from May 21, Commission about a month ago to the ASMFC. The and June 18, 2008 Meetings Striped Bass Technical Committee has approved the A motion was made, seconded and carried to approve the proposal, but it must still be reviewed by the Advisory minutes from May and June. Board during the ASMFC meeting in October, which will be held at Rehoboth Beach the week of the 19th. The Agenda Item 3. Update on Regulation Setting Striped Bass Board then will vote on the proposal during Regarding the FIN Number the meeting in Rehoboth. Mr. Miller stated that the regulation for the FIN (Fishing Information Network) number has been signed by Dept. Agenda Item 5. Pending Regulatory Requirements for Secretary John Hughes, and it will become effective Coastal Sharks January 1, 2009. He then reviewed some of the details of Mr. Miller went over the objectives of the Interstate this new requirement for recreational fishing, and Fisheries Management Plan for Atlantic Sharks, which answered various questions from the audience. He stated include; reducing fishing mortality, rebuilding stock that this new program will bring Delaware into biomass, preventing stock collapse, supporting a compliance with the federal government’s plan to sustainable fishery, protecting essential habitat areas, improve their collection, analysis and use of recreational protecting sharks during vulnerable life stages (Delaware saltwater fishing information with their proposed angler Bay is a nursery and pupping area for several shark registry. Once the FIN number database is established, species), obtaining biological and approved fisheries data the DFW will obtain name and address files for every on in-state shark fisheries, and minimizing endangered recreational angler fishing in Delaware waters, including species by-catch from shark fisheries. The ASMFC plans license exempt fishermen, such as senior citizens. The to implement this plan by Jan. 1, 2009, and he added that program will be free of charge, and very similar to the recreational fishermen in Delaware will no longer be DFW’s HIP number program required for waterfowl allowed to possess sandbar sharks. Harvest of sandbar hunting. When the information is gathered, it will be sent sharks will be prohibited, as have great white sharks. He to NMFS, and will meet the needs of this federal agency. also went over the list of sharks included on a new Anglers fishing in Delaware will, in the near future, avoid recreational fishing closure period from May 15th to July having to purchase both a state fishing license and a 15th, which includes; silky, tiger, black tip, spinner, bull, federal fishing license with this new program. lemon, nurse, scalloped hammerhead, great hammerhead and smooth hammerhead. Mr. Miller pointed out that Agenda Item 4. Update on Slot Limit Proposals for there are federal placards, which illustrate the various Striped Bass in the Delaware River and Bay sharks that can be legally retained by recreational anglers in the Atlantic Ocean, available at the entrance. He also mentioned that smooth dogfish sharks (which are plentiful mid-October is the earliest considering what is left to be in our area) are now limited to 2 per day with this new done. Mr. Miller mentioned that the DFW is not satisfied plan. The commercial regulations contained in this with the rate of progress from the contractor on this revised plan are similar, including the closure period from project. May 15-July 15, and he added that the quotas on the various species have not been set yet. All sharks landed Agenda Item 9. Announcement of ASMFC Annual must have the head, tail and fins attached. No sandbar Meeting in DE in October sharks may be landed with a federal research permit. Mr. Pankowski stated that the meeting begins on October 20 at the Atlantic Sands Hotel on the board walk Agenda Item 6. Commercial Pots on Delaware Bay in Rehoboth Beach, and the various meetings are Artificial Reef Sites, Problem Definition and Potential scheduled throughout each day until the conference ends Solutions on Thursday, Oct. 23. Mr. Miller added that although Mr. Cole stated that, in early August, the DFW received people will begin assembling on Sunday, the 19th, no calls from a number of concerned recreational fishermen meetings will be held until Monday morning. He then regarding fixed commercial fishing gear (mostly fish went over some of the more popular meeting times from pots) on artificial reef sites in Delaware Bay. He said that the agenda, which may be found on the ASMFC website on August 13, staff began an investigation of all eight of www.asmfc.org. The meetings are open to the public; the reef sites. Staff on the R/V First State surveyed the however, there is limited opportunity for public comment reef sites in the Bay and noted fish pots on sites 3 and 4 because of the tight schedule, and audience seating is during each survey. These fish pots were found to be limited. legally targeting toadfish and the owner of these commercial pots was looked up in the Fisheries database. Agenda Item 10. Agenda Items for October 15 Mr. Cole stated that he contacted this commercial Meeting and Meeting Start Time fisherman and explained to him that recreational The October 15 meeting will start at 6:00 PM. fishermen have complained about their inability to fish 1. Update on SMZ’s and gear interaction. these reef sites effectively. The commercial fisherman 2. Update on Cape Henlopen Pier. responded that he did not want to cause any problems and 3. Update on Reef Site Conflicts Subcommittee. added that he would remove some of his pots from the 4. Update on progress of black drum joint two sites. Division staff conducted more surveys on management plan. September 2 & 12, after the fisherman was contacted, and 5. Repair of Augustine boat ramp. the same fisherman’s fish pots were still observed at each 6. Repair of fishing pier (bulkhead) at Bower’s. site, however they noted a slight reduction in the number 7. River herring plan changes. of pots. Much discussion followed between recreational 8. Possible tautog regulation changes. fishermen who stated they feel these reef sites are meant There being no further business, the meeting adjourned at for recreational fishing only (because they are funded by 7:50 PM. recreational fishing funds), and commercial fishermen who point out that they are not breaking any laws using Respectfully submitted, these sites to help make their living. Mr. Little made a motion to form a sub-committee to come up with some non-regulatory options in order to resolve this issue – Kim Records motion passed. Recording Secretary

Agenda Item 7. Date for ASMFC American Eel and Spiny Dogfish Hearings Mr. Miller said that these ASMFC public hearings will be held in this auditorium on October 6 beginning at 7:00 PM. The purpose of the hearings is to introduce the first drafts of the revised fishing plans for each of these fisheries.

Agenda Item 8. Quick Update on Status of New Lewes Boat Ramp Mr. Miller stated that he visited the site this morning and great strides have been made. He proceeded to describe the various items completed so far, and those items yet to be completed. The DFW is still hopeful the project will be completed by the end of this month, but realistically, 2 2