ADVISORY COUNCIL ON TIDAL FINFISHERIES
MINUTES OF MAY. 20, 2009
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 (absent)
Bernie Pankowski
Brian Hoffecker
James “Jay” Little (Acting Chairman)
Marvin Kahl, Jr.
Ken Logan
P. “Wes” Townsend
DIVISION OF FISH & WILDLIFE
Roy Miller
Craig Shirey
Jeff Tinsman
Stew Michels
Patrick Emory
Lt. John Rutherford
Kim Records
PUBLIC
2 Visitors
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Agenda Item 1. Welcome
Mr. Little called the meeting to order at 6:05 PM. He welcomed everyone and explained that Dr. Fox requested that he act as Chairman for tonight’s meeting in his absence.
Agenda Item 2. Approval of Minutes from 4/15/09
A motion was made, seconded and carried to approve the April meeting minutes.
Agenda Item 3. Summary of Actions Taken by Atlantic States Marine Fisheries Commission
Mr. Miller summarized pertinent proceedings of the ASMFC Spring meeting and prepared a hand-out which was made available to everyone. Addendum I to Amendment I of the Interstate Fishery Management Plan for Inshore Stocks of Winter Flounder was approved. All states within the range of winter flounder will be required to make reductions in their recreational and commercial fisheries. A vote passed to initiate an addendum that would include options for rolling-over from year to year the next unused commercial striped bass quota. A motion to increase the coastwide commercial quota from 15-30% failed pending the results of a peer reviewed stock assessment which will be conducted this fall. Addendum IV to Amendment I for Atlantic menhaden was approved, so this will extend the existing Chesapeake Bay reduction fishery (purse seine) harvest cap through 2013. In regard to summer flounder and black sea bass: black sea bass are not overfished, but overfishing is occurring, and the Summer Flounder Technical Committee warned against coastwide slot length scenarios because they are likely to accelerate fishing mortality. The Summer Flounder T.C. also concluded that more information is needed before the Commission considers mandatory regional management areas where joint regulations would apply to a group of states. A motion requiring states to form regions for purposes of regulation setting failed. The Shad and River Herring Board selected final management options for river herring in Amendment 2, which prohibits state waters commercial and recreational fisheries for river herring beginning the first of 2012, unless the state can prove that the stock in question is sustainable with the existing fisheries. A letter will be sent to the Secretary of Commerce requesting them to monitor more effectively river herring by-catch in offshore small mesh trawl fisheries. Draft Addendum I to the coastal shark plan was released for public comment with hearings scheduled for this summer.
Agenda Item 4. Update on Shark Regulation Setting and Hearing Results
Mr. Miller explained that, as a result of several comments received during the public hearing process, smooth dogfish sharks were removed from the draft regulation on coastal sharks before it was presented to the Department Secretary for his signature. The finalized regulation lists the various allowed shark species and prohibited species.
Agenda Item 5. Summary of Deliberations of Advisory Council on Recreational Fishing Funding
Copies of the minutes of the two meetings of the Advisory Council on Recreational Fishing Funding were provided. Mr. Miller reviewed the agenda item from the September 2008 meeting which lists the prioritized maintenance projects the DFW should work from. At the top of the list are repairs to the Cedar Creek parking lot and bulkhead, followed by Phillips Landing. Mr. Little stated that comments and questions on this agenda item should be presented at the next meeting of the ACRFF, as per Dr. Fox’s direction. Since the ACRFF was established in 2008, following implementation of the general fishing license, the TFFAC no longer deals with issues regarding fisheries funding.
Agenda Item 6. Update on Fish Pot/Artificial Reef Issue
Mr. Tinsman said that the DFW has received a response on this issue from Dr. John Organ of Federal Assistance with the U.S. Fish and Wildlife Service. The response was that the Division does not have the authority to enter into a “gentleman’s agreement” as was previously recommended by this Advisory Council in regards to allowing commercial pot fishermen (currently only 1) to fish their pots on an artificial reef site in a way that minimizes interference with recreational fishing gear. At present, if the DFW allows commercial fishing at its artificial reef sites, the program could be in jeopardy of losing its funding because this program is meant for recreational fishing. Therefore, the goal for the DFW would be to seek regulatory authority at these reef sites and to accommodate commercial fishing, if possible, as long as it does not interfere or preclude recreational fishing. After much discussion, Mr. Kahl made a motion to recommend that the DFW seek legislation for the authority to regulate gear use and methods on the artificial reef sites in order to be in compliance with Federal Aid guidelines and requirements—motion passed. The point was made that both commercial and recreational fishermen will benefit from the DFW having regulatory authority over fishing at these reef sites because funding for this program will not be lost. Mr. Pankowski commented that he opposes this motion because he believes it may have an ill effect on recreational fishing.
Agenda Item 7. Update on Joint NJ/DE Black Drum Plan
Mr. Michels said that he received about 15 to 20 responses from his request last month for black drum fishermen to relay their concerns and detail their fishing practices, etc. He is in the process of drafting a joint management plan with New Jersey, which the DFW hopes to implement for 2010.
Agenda Item 8. Special Permits for Gill Netting During Weakfish Net Closure Periods
Mr. Shirey explained that for the past 10 years or so, the DFW has issued special gill net permits during the weakfish net closure period (first of May to the end of June – to total 34 days) to commercial fishermen requesting permission to use a small amount of net to catch drum and bunker (menhaden). The number of permits issued each year varies but the average is about 8 and interest in these special permits appears to be growing. Recently these fishermen have been requesting permission to keep striped bass caught in their nets during this weakfish closure period. The striped bass season does not end until the end of May, but this gill net closure had consequently shut down the striped bass fishery. The DFW has always denied these requests to retain striped bass, but would like to ask the Council’s advice. After some discussion, the Council advised the DFW to continue issuing these special permits in the same manner.
Agenda Item 9. Agenda Items for June 17 Meeting
The Council passed a motion to suspend the June 17 meeting since no resolutions will be possible within the next month in regard to the issues still on the “radar screen”. The next regularly scheduled meeting will take place in September after a July and August summer break. The following are the items tentatively scheduled for update in September:
1. Update on the joint NJ/DE black drum plan.
2. Update on the fish pot/artificial reef issue.
There being no further business, the meeting adjourned at 8:05 PM.
Respectfully submitted,
Kim Records
Recording Secretary
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