ADVISORY COUNCIL ON TIDAL FINFISHERIES
MINUTES OF NOV. 19, 2008
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 (absent)
Vernon Giuttari (absent)
James “Jay” Little
Marvin Kahl, Jr. (absent)
Ken Logan
DIVISION OF FISH & WILDLIFE
Craig Shirey
Rick Cole
Stew Michels
John Clark
Matt Fisher
Lt. John Rutherford
Patrick Emory
Kim Records
PUBLIC
11 Visitors
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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.
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Introduction
Dr. Fox called the meeting to order at 6:05 PM and welcomed everyone.
Agenda Item 2. Approval of Minutes from 10/15/08 Meeting
Dr. Fox stated that the October meeting minutes are not yet ready to be approved, and since there is not a quorum of council members present anyway, this item will be postponed until the next meeting in January, 2009.
Agenda Item 3. Marking Requirements for Toadfish Pots on Reef Sites
Mr. Shirey stated that the DFW Enforcement Section has not yet had the chance to consider the sub-committee’s suggestion to allow commercial watermen to string specially marked and set fish pots together on the outer edges of the artificial reef sites in Delaware Bay so that recreational fishermen will not be hindered by commercial fishing gear. If allowed, this would become a Department policy, rather than going through the lengthy regulation process. Mr. Shirey pointed out that there are no specific marking requirements in the current regulations, however there are some in the statutes, so the Enforcement Section may not approve of this proposed policy. Lt. Rutherford explained that there are issues for the Enforcement Section to consider including how the fish pots would be marked, since specific marking procedures are already stated in the statutes. He also mentioned that it would be difficult to actually enforce a policy because it is questionable what an Enforcement Officer’s authority is regarding violations of a policy (as opposed to a regulation or statute). Commercial waterman Mr. “Limbo” Voss asked if the Enforcement Section will take the intent of the sub-committee’s recommendation into consideration when they discuss this issue. Lt. Rutherford answered positively, but added that the officers must also follow the existing laws of the state.
Agenda Item 4. Species Management Updates from Recent ASMFC Meeting
Mr. Shirey explained that some states will go over their quota for summer flounder, but landings for Delaware are low and should not exceed the quota for 2008. The Summer Flounder Management Board wants to consider slot limit proposals for future reference. Mr. Shirey said that at the Weakfish meeting it was stated that this stock is still considered to be depleted. Virginia and North Carolina lead in landings for weakfish, but even they report very low landings. New Jersey has over 50% of coastwide weakfish landings. Mr. Clark stated that at the Management Board meeting for American eel, the Board considered public comments and decided to delay any proposed changes until after the next stock assessment in 2010 or 2011. Mr. Shirey stated that Delaware will propose a 3,000 pounds trip limit in our waters, for spiny dogfish sharks, and there is a public hearing scheduled for 7:00 PM on January 27 at the Cannon Lab in Lewes. He stated that the Striped Bass Management Board approved of Delaware’s slot limit proposal and a public hearing is tentatively scheduled for December 30 at 6:30 in this auditorium.
Agenda Item 5. Proposed Striped Bass Slot Limit Regulation for Delaware
Mr. Shirey explained that the DFW is proposing a recreational slot limit for two striped bass (20-26 inches) in Delaware River and Bay, and their tributaries, for two months during the summer (preferably July & August). Mr. Little made a motion to consider tonight’s discussion of this slot limit proposal as a workshop and also that the Council recommend that these options go forward for discussion at the tentatively scheduled public hearing. Motion passed.
Agenda Item 6. Black Drum – Possible Joint Management Plan with New Jersey
Mr. Shirey explained that according to the ASMFC, plans between states considering a joint management plan for a particular species must be similar. He said that NJ’s proposal for black drum management is already in the hearing process, so if DE was to join with NJ, we would have to adopt what NJ has already proposed. He then went over the current recreational and commercial regulatory differences between the two states. Delaware has no recreational or commercial regulations for black drum. New Jersey has a recreational possession limit of 3 fish at a minimum 16 inches, and their commercial regulations include a 16-inches minimum size limit, 10,000-pounds per trip limit and an annual quota of 65,000 pounds. He said NJ is proposing a recreational 32-inches minimum size limit with a 2-fish creel limit, and a commercial 32-inches minimum size, 5,000 pounds per trip limit and an annual quota of 50,000 pounds. Mr. Little made a motion that DE act now to develop an Interstate Management Plan with NJ for the Delaware River and Bay, because he fears this species is already being exploited. The motion was seconded and passed.
Agenda Item 7. Fishing License “display” Requirement and Possible Legislative Action
Mr. Emory said that the Advisory Council on Wildlife and Freshwater Fish considered and has recommended that Delaware delete the statute requiring that hunters display their hunting licenses, and the DFW wants to know if this advisory council would be interested in considering the same proposal for fishermen and their fishing licenses. He explained that Delaware is included in a minority of states that still have this display requirement, which many sportsmen find to be a nuisance, in their law books,. This proposal would require legislative action to delete the current law, and if it would pass, the DFW Enforcement Officers would then be required to ask for a hunter or fisherman’s license as proof that they are legally hunting or fishing. The Council passed a motion to approve this proposal, which would not become effective until approximately 2010.
Agenda Item 8. Status of Unexpended Reef Funds
Mr. Shirey stated that any unexpended artificial reef funds are carried over to the next year (up to $100,000).
Agenda Item 9. Lewes Boat Ramp Update
Mr. Emory stated that the new Lewes Boat Ramp, after many extended completion dates by the contractor, should finally be complete at the end of this week. The Dept. hopes to have it opened to the public during the week of Thanksgiving at the latest. He added that there will be a formal dedication scheduled probably sometime in December.
Agenda Item 10. Future “Access Issues”
Dr. Fox explained that from now on, issues regarding fishing access should be brought before and considered by the new Advisory Council on Recreational Fishing Funding. He said that this Tidal Finfish Council will no longer consider these issues.
Agenda Item 11. Agenda Items for January 2009 Meeting
The January 21, 2009 meeting will start at 6:00 PM.
1. Black drum update.
2. Update on striped bass public hearing.
3. Update on Enforcement Section consideration of toadfish pots.
There being no further business, the meeting adjourned at 7:30 PM.
Respectfully submitted,
Kim Records
Recording Secretary
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