ADVISORY COUNCIL ON TIDAL FINFISHERIES



ADVISORY COUNCIL ON TIDAL FINFISHERIES

[pic] MINUTES OF MAR. 18, 2009 [pic]

Richardson and Robbins Building Auditorium, 89 Kings Highway, Dover, Delaware 19901

Phone: 302-739-9914, Fax: 302-739-6157

ADVISORY COUNCIL

Dewayne Fox, Ph.D., Chairman (absent)

Bernie Pankowski, Acting Chairman

Brian Hoffecker (absent)

Vernon Giuttari (resigned)

James “Jay” Little

Marvin Kahl, Jr. (absent)

Ken Logan

DIVISION OF FISH & WILDLIFE

Roy Miller

Craig Shirey

Patrick Emory

Mike Stangl

Lt. John Rutherford

Kim Records

PUBLIC

8 Visitors

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

Mr. Pankowski called the meeting to order at 6:05 PM and welcomed everyone.

Agenda Item 2. Approval of Minutes from 2/18/09 Meeting

Mr. Pankowski explained that without a quorum of council members, the February meeting minutes cannot be approved, so this agenda item will be postponed until next month’s meeting.

Agenda Item 3. Update on Black Drum Regulations Consistent with NJ

Mr. Miller stated that since the last meeting he has had two more phone conversations with his NJ counterpart, Tom McCloy. He said that Mr. McCloy is unsure of what the final regulations will say for NJ. After careful consideration, Mr. Miller said that he still thinks DE should proceed with implementation of a proposal consistent with NJ’s current regulations. He has prepared a Start Action Notice, which is required to begin the regulation-setting process, however he has not submitted this document yet because a fishery management plan needs to be drafted and sent to NJ for their concurrence. He said he does not expect this proposed joint fishery management plan will be able to be implemented until next year due to the lengthy regulatory process.

Agenda Item 4. Legal and Federal Aid Issues Related to Fish Pot/Artificial Reef Issues

Mr. Miller gave a brief review of this topic and then explained that an issue has been brought to light regarding the legality of the policy which this Council has advised the DFW to put in place allowing commercial watermen (currently only one individual) to use fish pots to target toadfish on artificial reef sites. This advice was given with the intent of allowing a particular commercial waterman to fish as he has been doing for many years, but in a modified way, which does not interfere with recreational fishing at the artificial reef sites. The sub-committee formed to consider this issue recommended the implementation of a “Department policy” in order to avoid the lengthy regulatory process. The waterman affected by this recommendation agreed to follow the stipulations of a Department policy. Mr. Miller stated that he has requested a legal opinion from the Attorney General regarding the legality of the draft policy, which would allow ignoring current pot-marking requirements, and to ask if the DFW has the authority to zone around these reef sites. He said he has not yet received an answer from the Attorney General. Recently a concerned citizen contacted the Attorney General to inquire about this issue. Because the Attorney General acts as legal counsel to the DNREC, the Department is protected by attorney-client privilege; however, this issue has now become much more complicated. Seventy-five percent of the funds used to construct the artificial reef sites are derived from the Wallop-Breaux/Sport Fish Restoration Program. Federal Aid determined that as long as commercial fishing does not interfere with recreational fishing, some incidental use of the reef sites by commercial fishermen is o.k. Any violation of federal aid requirements could mean that the DFW will lose future federal aid, or that the DFW would have to pay back funds already received from federal aid. This issue has become even further complicated by the proposed joint sinking (DE, NJ & MD) of a ship for an artificial reef site in federal waters. The Federal Aid office has asked DE for a guarantee that no commercial potting will interfere with recreational fishing at this new site. Delaware cannot give this kind of a guarantee when the site is outside of DE waters and in federal waters. Mr. Miller said the DFW is considering other funding sources for this project. He is waiting for an opinion from the Attorney General before proceeding on the in-shore reef issue.

Agenda Item 5. Briefing on Shad Hatchery Operation and Shad Restoration in the Nanticoke System

Mr. Stangl gave a power point presentation including a brief history of the shad fishery and data collected since the opening of the Shad Hatchery on the Nanticoke River. He explained that American shad are considered depleted in the Nanticoke and there is currently a long-term restoration underway. He went over how the hatchery operates each spring once adult shad are collected for the spawning tank, which is filled with water from the Nanticoke, so that the larvae will be imprinted to this river system and return to spawn after reaching adulthood. Fertilized eggs are collected from the spawning tank, cultured and hatched, and then marked before the larvae are stocked into the Nanticoke River several days later. Adult fish collected for spawning purposes are not exposed to hormones to induce spawning, and they are released back in the river after the number of eggs collected from the spawning tank declines. Over 570,000 American shad were stocked into the Nanticoke in 2008 from the hatchery. The rate of marked (hatchery) American shad since the hatchery opened is currently at 37% of fish sampled.

Agenda Item 6. Summary of Delaware Recreational and Commercial Finfish Landings in ‘08

Mr. Newlin went over commercial and recreational landings of various species of fish for 2008. He started with the commercial fishery showing pie charts of the percentages of species caught. Striped bass made up the largest species caught commercially (at 32%). The entire striped bass quota was caught in the spring, so there was no fall fishery. Overall, commercial landings were the lowest recorded. There was also a decrease in commercial effort in ‘08. Commercial eel and summer flounder landings were low. Commercial landings of weakfish, croaker and black drum were low as expected. Recreational landings were low overall, as reported by the Marine Recreational Fishing Statistics Survey (MRFSS). Croaker was the species with the highest percentage of recreational landings (at 37%). Striped bass landings were somewhat low. Weakfish landings were low—as expected, but increased from last year by about 100 fish. Recreational black drum landings were somewhat higher and tautog landings were as expected. Mr. Newlin mentioned that the new federal recreational fishing survey in subsequent years will have a night fishing component to capture better black drum information.

Agenda Item 7. 2008 Recreational Fishing License Revenue Summary

Mr. Miller summarized revenues received from recreational fishing licenses in 2008. He pointed out that the DFW is still receiving some reports from license agents, so the hand-out is not yet finalized. Approximately $1.4 million is the total of all revenues received to date. This total includes all resident and non-resident recreational licenses sold by the DFW. He mentioned that the new Marine Recreational Information Program (MRIP), which replaces the MRFSS survey, will begin in 2010 & 2011. This new program will include a dedicated fisherman phone list to gather recreational fishing statistics (brochures were made available by the Mid Atlantic Fishery Management Council for further information or go to countmyfish. ).

Agenda Item 8. Upcoming Regulatory Hearings for Flounder, Black Sea Bass, Sharks & Spiny Dogfish

Mr. Miller said that a public hearing on summer flounder and black sea bass is scheduled for 7:00 PM on March 26 in this auditorium, and a public hearing on sharks and spiny dogfish is scheduled for 6:30 PM on April 23 at the Soil & Water Building on Pilottown Road in Lewes.

Agenda Item 9. Suggested Agenda Items for April 15 Meeting

The April 15, 2009 meeting will start at 6:00 PM.

1. Update on joint black drum management plan with NJ.

2. Update on fish pot/artificial reef site issue.

3. Fish license reciprocity with MD.

4. Salem Nuclear Plant intake permitting update.

5. Update on the status of Delaware R. main channel deepening project.

There being no further business, the meeting adjourned at 8:05 PM.

Respectfully submitted,

[pic]

Kim Records

Recording Secretary

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