TIDAL FISHERIES ADVISORY COMMISSION MEETING

Thursday, November 2, 2006

Tawes State Office Building, C-1

 

 

Commissioners present:

 

Bill Woodfield, Chairman                      Andrea Jacquette                      Glenn James

Mike Edwards for Karen Oertel           Larry Simns                              Russell Dize

Jack Brooks                                         Diane Baynard              J.R. Gross

Sgt. Kersey, NRP rep.

 

Chairman Bill Woodfield called the meeting to order at 7:00 p.m.

 

NRP Report:                                     

 

There were no questions for Sgt. Kersey at this time.

 

PRFC Crab Regulation Proposal:

 

Ellen Cosby of the Potomac River Fisheries Commission (PRFC) presented a proposal to establish uniform size crab regulations in the Maryland Tributaries of the Potomac River.  There are currently three different sizes from Virginia, Maryland and the PRFC that enforcement agencies have to deal with.  The PRFC increased their size limit from 5” to 5 ¼” to 5 ½” at the end of the season to make a 15% reduction.  Ms. Cosby gave a power point presentation on harvest landings from 1964 to 2005.  Number of licenses and pounds landed were shown.  She told the Commissioners that crabbers have been pleased with the result of the 5 ½” minimum size; by October of each year, the number of #1 males landed has increased 19%.  The PRFC proposal calls for a size limit of 5¼” from 04/01/07 to 07/10/07.  There will be a public hearing on Monday, November 6, 2006 at the PRFC in Colonial Beach, VA at 6:00 p.m.

 

A discussion followed Ms. Cosby’s presentation. Commissioner Larry Simns told her that local MD crabbers had expressed no interest in changing the limits, but wondered what VA says about the proposal.  Ms. Cosby told him that the Virginian representatives seem favorable.  Commissioner Jack Brooks felt that it would encourage too many other changes in minimum size.  Lynn Fegley, manager of the Fisheries Service Blue Crab program, assured Commissioner Brooks that it would not be an issue.  The MD DNR would not make any changes; it would be an enforcement problem for the NRP.  Commissioner Simns commented that the PRFC created the size discrepancy by changing their regulations and felt that they should not bring this proposal to Maryland at this time.  It should wait until the watermen in that area request the change.  Kenny Keen, Deputy Director of the Fisheries Service, and a representative on the PRFC, said he would speak to his Virginia counterparts on the PRFC for their input.

  • Commissioner Simns made a motion to take no action at this time, to wait until Virginia makes a decision.
  • Commissioner Jack Brooks seconded the motion.
  • Motion passed unanimously.

 

Blue Crab Stock Update:

 

Lynn Fegley, Fisheries Service, gave an update on the Blue Crab stock.  She told the Commissioners that there is no new news in this area; the stock is stable.  Preliminary numbers through September show the harvest about 3 million pounds behind last year’s numbers.  The 2006 harvest is projected to be on par with the 2005 harvest.  Landings through October 2006 are estimated to be between 25 and 26 million pounds. 

The 2005 CBSAC Advisory Report is currently being finalized.  The Bay harvest is still low, but is working its way up.  Age 1+ year crabs (over 2”) will be in the fishery early in the year, but still are below average. There will be some differences in 2006:  1) the winter dredge survey will be the primary measure of stock abundance upon which management decisions will be made; 2) Fishing mortality will be measured as an exploitation fraction (u) rather than as fishing mortality rate (F).  Whereas the target and threshold levels of F were 0.7 and 1.0 respectively, the target and threshold levels of u are 46% and 53%.  Using these values, if at any time in the future, more than 53% of the blue crab stock is removed from the Bay in a given year, over fishing will be occurring. As of 2005, over fishing was not occurring and the blue crab stock was not over fished. Details can be viewed in the upcoming 2005 Blue Crab Advisory Report released by the NOAA Chesapeake Bay Office.

Ms. Fegley also presented options for designing a Chesapeake Bay blue crab decision rule, which would establish triggers for management action based on objective measures of stock status.  Several Commissioners expressed concerns about the triggers; 1) they would like triggers in place for things that are beyond the Department’s control, i.e., most spawning takes place in Virginia and 2) the triggers should automatically release, or sunset, when abundance moves closer to the target number.  Ms. Fegley assured them that the triggers would be bay wide, not just individual jurisdictions and that they would indeed automatically sunset.  She asked the Commission to think about these options; they will not happen in the near future, but will be addressed at some point in time.  Several of the commercial watermen present disagreed with establishing the triggers.  They indicated that they would rather take risks with the resource than with government regulations.  It has been their experience that once a regulation is in effect, the government will not reverse it.  Ms. Fegley explained that management actions put into a Fisheries Management Plan would still go forward, regardless of government, or administration, actions.

 

Sharps Island Reef Site

 

Marty Gary, MD Fisheries Service, first gave an update on the Maryland Reef Plan.

  • The plan is finished and is under Departmental review.  It should go out to the stakeholders soon.
  • This plan will allow the Department to map out a plan in an orderly fashion.
  • Permit issuance will be transferred from MES to DNR.  A meeting has been set to finalize the transfer.

He told the Commissioners that the “Summer Gooses”, once a highly productive area for sport fishing, is becoming less and less productive over the years.  He said that Sharps Island is #1 on the wish list for reef development sites.  He was asked to bring the proposed plan for that area to the TFAC for review and comments.  If they approve it, he will then take it to the SFAC.  Commissioner Simns asked if he had spoken to any of the commercial watermen who regularly work that area.  Mr. Gary said a few had been approached.  The commercial watermen present felt that a reef site in the Sharps Island area could do a lot of good.  They suggested they follow the 36 ft. contour on the map.  Mr. Gary agreed to come back to the Commission with a redrawn polygon and put it in the Reef Plan.

 

Regulations Update:

 

Sarah Widman, of Fisheries Service Policy and Regulatory Programs, gave the Commissioners a handout of regulations of interest to the Commission.

 

 

Effective Regulations:

  • Horseshoe Crabs (effective on 10/09/06). Closes season from January 1 through June 7 as mandated by ASMFC.
  • Oyster Sanctuaries (effective on 10/23/06).  Creates a regulation that will assemble and list all oyster sanctuaries currently scattered through regulation, law and public notice.
  • Striped Bass (Emergency, effective 10/16/06 through 11/30/06).  An exception is added for the culling of striped bass by creating a permit to cull as part of a catch and release tournament.  The regulation would be effective for one month only to allow a FLW Outdoors national tournament to take place in Maryland.

Commissioner Simns told Ms. Widman that people are irate that one group is allowed to come in to Maryland and circumvent regulations by getting an exception.  He predicted that other people would start culling this summer because of this exception.  Other Commissioners expressed their feelings that it is wrong for the Department to grant this exception.

 

Proposed Regulations:

Non Tidal:  (Comment ended 10/02/06, effective 01/01/07)

·        The regulation for the culling of trout was modified to clearly define when a trout is in possession.

·        Modify the existing Put-and-Take Trout Fishing Area on the Youghiogheny River at Friendsville in order to add a Delayed Harvest Trout Fishing Area.

·        Remove the Delayed Harvest Trout Fishing Area designation from the upper Savage River in Garrett County from Poplar Lick upstream to Merrill’s Bridge at Westernport Road in order to establish Zero Creel Areas for brook trout.

·        Establish special management areas as Zero Creel Areas for brook trout that will also cover all tributary streams to the Savage River upstream of the Savage Reservoir Dam.

·        Add Broadford Lake and Jennings Randolph Reservoir to the list of Striped Bass fishing areas.

·        Regulations for the use of gigs and bow and arrow have been standardized.

·        Dip netting regulations were clarified to state that they may not be used on Put-and-Take or Special Trout Management Areas.

·        Add Stansbury Park Pond in Baltimore County at the base of its dam to the list of Dividing Lines for  Tidal and Nontidal waters.

Nuisance Species: (Comment ended 10/02/06, effective 11/06/06)

·        Proposed regulation creates two lists of nonnative aquatic organisms; one list is prohibited species and the other is species only prohibited from transport from one watershed to another within the State.

·        A permit process is created for these species.

 

Possible Future Proposals:

            Crabs:

·        Consolidate both crab and eel float free channels for fishing gears and make one list wit coordinates instead of channel markers and landmarks.

·        Correct out-of-date coordinate language in the crab pot section.

·        Correct and clarify language describing how a live adult male crab can be used for bait in a crab pot. (for peeler purposes)

·        Correct and clarify language in the crab pot, trotline time for taking, and the recreational catch limits sections. (This doesn’t change the current catch limits.)

 

General Fish:

·        Adds a provision requiring fyke nets to be emptied every 48 hours.

Commissioner Simns expressed concern about this provision; 48 hours in the water isn’t enough if the fish aren’t running.  Gina Hunt said she would work on the language and will sent drafts to the Commissioners.  Proposals must be put in before session begins.

·        Adds a section on stocking and importing fish.  (This regulation is already in nontidal; this would make it apply to all waters of the State.

·        Repeals the section of the 08.02.11.04 regarding importation of fish.  The provisions were moved to 08.02.05.02.

Non-Tidal:

·        Adds a provision which clearly states the prohibition on the commercial sale of fish harvested from non-tidal waters.

Targets:

·        Annual adjustment of target numbers for commercial fishing licenses. 

Ms. Hunt gave a handout with a table of old targets and new targets for each of the commercial licenses.

 

Addition to Agenda:

 

Kenny Keen, Deputy Director Fisheries Service, presented a letter written to Secretary Franks from two commercial watermen, James Gross, Jr. and James Edwards criticizing the Department’s action, or inaction, on several issues.  One issue in particular regarding the Chesapeake Bay Foundation’s (CBF) dredge permit for Hackett’s Point was of particular concern. 

·        A motion was made by Commissioner Simns that the TFAC strongly recommend to the Secretary that the Department not grant CBF a permit to go on patent tong bar with a dredge.

·        Motion seconded by James Gross, Jr.

·        Motion passed.

 

License Renewals/Administrative Holds

 

Gina Hunt told the Commissioners that 61 watermen and 28 dealers were under administrative holds.  Commissioner Simns asked if she could give him the names so he could contact them.  She explained that Mr. Keen contacts them personally.  She said the numbers were down quite a bit from the 92 watermen on hold last year.  She also told the Commissioners that in a sense of fairness, charter boats will be next to go on this program for non-reporting.

 

Striped Bass Quota:

 

Carrie Kennedy, Fisheries Service, told the Commissioners that the Gill net quota in Jan/Feb goes over per request; is 18,235 pounds in the hole.

She told them that the Hook & Line was way above normal; this was unprecedented.  She said there would not be a December gill net fishery.  Commissioner Simns felt that one problem was some pound-netters were giving their quotas to hook and liners to put on their quota, and NRP is spread too thin to give proper enforcement. Chairman Woodfield asked if the Department could close the hook and line fishery now and give the remainder of the quota to the gill-netters.  Ms. Kennedy said it would take about a week to close the fishery. 

Ms. Hunt had two questions for the Commissioners: 1) What action should the Department take for this year; and 2) what should be done next year to prevent this from happening again?

Ms. Kennedy felt that the hook and line quota is more than they will legally harvest and we should move quota from hook and line to January and February gill netters.  This should prevent going over December’s harvest every spring, and playing catch-up the rest of the year. The quota should reallocated to make it reflect actual harvests.  She said would work on the numbers and would bring them back to the Commission to make 2007 allocations.

The Commissioners asked that next year an NRP officer be placed on the water to notice spikes in reporting and catch the lawbreakers who are giving their quotas to the hook and liners.  Ms. Hunt said she would contact NRP and give them 39 names that currently show spikes in reporting so they can work on enforcement.  Sgt. Kersey said she could give the names to him and he will take care of it.

But, Ms. Hunt pointed out that the real reason there will be no gill net fishery in December is because the gill-netters over-fished by over 18,000 pounds.

  • Chairman Woodfield made a motion to close the hook & line fishery as soon as possible.
  • Motion seconded by Commissioner James.
  • Motion passed.

 

Striped Bass Tag Inventory

 

Gerrit Velema, Fisheries Service, gave an update on striped bass tags.  He sent a letter to 1260 people explaining a grace period to fix a discrepancy in tag count.  He received 250 responses; 200 of these needed corrections.  At this time 180 were fixed. 

The grace period was extended for another couple of weeks.  November 17th is the new cut off date.  A $63.00 fee will be charged to get tags, if count numbers are not fixed.

 

Coastal Bays Gill Net

 

Mr. Keen told the Commissioners that the Department would like to put a maximum amount of nets overboard at 3600 yards.  Virginia fishermen are coming in, leaving nets overnight and damaging small fish.

  • Commissioner Simns made a motion to make a maximum amount of 3600 yards of net overboard at any given time.
  • Commissioner Gross seconded.
  • Motion passed.

 

Power Dredging Great Bar in the Choptank River/Broad Creek

 

Bob Hamilton told the Commissioners that power dredging took Great Bar and he would like to get the bar back for hand tonging.  Mr. Keen said that lines would have to be redrawn to do this; the regulation would not go in until May 2007.  Commissioner Dize felt that it should be taken to Talbot County and let them work it out.

 

New Business

 

Commissioner Dize pointed out that this year patent tonging was opened up in October on Snake Reef power dredging bar.  It wasn’t supposed to open until the start of dredging season, which is November 1st.

  • Commissioner Simns made a motion to close patent tonging on Snake Reef until November 1st each year.
  • Commissioner Dize seconded.
  • Motion passed.

 

Commissioner Dize was very concerned that there has been no presence of NRP in Talbot County this year.  He said that it is badly needed in Broad Creek.

Mr. Keen asked Sgt. Kersey if this is something NRP could work on.  He said he would compose a letter the Secretary, Superintendent Chaney and Captain Hughes asking for help with enforcement in this area.

 

Commissioner Dize asked when ballots to vote for committees would go out.  Commissioner Simns asked for a new election this year.

 

Meeting was adjourned at 9:55 p.m.