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Chairman Woodfield called the meeting to order at 7:05 PM. He gave an addition to the agenda requested by Commissioner J.R. Gross and Mike Edwards regarding the Chesapeake Bay Foundation and their sampling practices.
Announcements:
Marty Gary, of the Fisheries Service, told the Commission that Phil Jones, Assistant Director of Estuarine and Marine Services, is retiring on March 31 st after 31 years of state service. A retirement party is being planned in his honor; Mr. Gary invited the Commissioners to attend and will email them the date and time.
Two Dominion Cove LNG Public Hearings were scheduled - 03/14 at the Holiday Inn in Waldorf and 03/15 at the Holiday Inn in Solomon's Island.
Old Business - None
Additions to the Agenda - None
NRP Update - Sergeant Kersey was unable to attend.
Habitat Conservation Plan for Sea Turtles/Short nose Sturgeon
Tricia Kimmel, of the Fish and Wildlife Health Program at the Oxford Cooperative Laboratory, began her presentation with a brief background of the turtle program. There are four species of sea turtles native to Maryland, but little is known about turtles in the Bay. In 2001, a study with the watermen was initiated to check turtles caught in pound nets. There is a reward program for the recovery of these turtles; $75.00 is paid for each turtle. Since 2001, 77 turtles have been recovered; most were reported from June to September from Eastern Shore areas, such as Hooper's Island and the Fishing Bay area.
Ms. Kimmel then gave a brief background of the short nose sturgeon program. There are two species native to the Bay, the short nose and the Atlantic. These fish are pre-historic animals; the species has changed very little over time. Short nose sturgeons were declared an endangered species in 1997, but there is not much data on them. There is currently a reward program for them; $100.00 is paid for live wild sturgeon, $25.00 is paid for live hatchery grown sturgeon. Since 1996, 70 short nose sturgeons have been recovered.
Conservation Plan and Incidental Take Permit:
The Endangered Species Act (ESA) of 1973 prohibits "takes" of threatened and endangered species, but amendments to the ESA provided a mechanism to permit incidental take of protected species during lawful activities, such as scientific research. A conservation plan must be submitted to NOAA Fisheries for them to issue this permit. Maryland is now in the process of developing conservation plans for both sea turtles and short nose sturgeon. There are several benefits of the Conservation Plan and the Incidental Take Permit: 1) Watermen would not be in violation of the ESA; 2) Provides a framework for DNR to participate in federal regulatory process; 3) Aids in conservation of sea turtles and short nose sturgeon; and 4) allows important scientific research to continue to expand which allows the reward programs to continue, increases funding opportunities and is a financial benefit to watermen. The plan is still in draft format; it includes gill nets, fyke nets, pound nets, eel pots and crab pots. The timeline for implementation is uncertain at this time.
Commissioner Larry Simns asked Ms. Kimmel what caused the sturgeon to become endangered. She and Steve Early, Assistant Director of the Cooperative Oxford Lab, explained that habitat alteration and anoxic zones in the Bay coupled with late sexual maturity and infrequent spawning were mostly to blame. Over harvest for caviar was also a factor.
Kenny Keen, Deputy Director of the Fisheries Service, asked Ms. Kimmel if there was some way the watermen could remove the turtles from their nets and tie them off until Ms. Kimmel could retrieve them. She said they could call her and bring the turtle to the dock; she will meet them there.
Seafood Marketing
Noreen Eberly, from the Department of Agriculture, gave the Commissioners copies of the Task Force to Study the Economic Development of the Maryland Seafood and Aquaculture Industries Report. She reminded the Commission that they must submit a report with the Sport Fish Advisory Commission on, or before, December 1, 2006. Chairman Woodfield indicated that the Commission was unsure what to do and how to go about it. Ms. Eberly suggested they begin by evaluating regulations and procedures (permits, etc.) to see how they can be improved to help the seafood industry. The report should be the TFAC's recommendations for improvements. Mr. Keen offered to take findings from previous meetings and go over them with Ms. Eberly. He will then take the TFAC's findings to the SFAC. The final report will then come back to the Commission for review and approval.
AES Proposed LNG Plant Discussion:
Marty Gary told the Commission that the SFAC met after the Joint Meeting and gave their feedback to the Department; he now was asking for their feedback. Commissioner Simns said the Maryland Watermen's Association had a meeting with AES after the Joint Meeting and the MWA is recommending that the plant not be allowed.
Greg Jetton, for Commissioner Andrea Jacquette said the Charterboat Association also feels that the plant should not be allowed, and would fight it all the way. They feel AES is vastly understating the hazards.
Both Commissioner Simns and Mr. Jetton felt that the Department should not back it either.
Commissioner Diane Baynard, the SFAC representative, told the Commission that the SFAC had suggested that the Boat Act Advisory Board be advised and AES make their presentation to them.
• Commissioner Simns made a motion that the TFAC recommend to the Department of Natural Resources to oppose the LNG plant at Sparrows Point in all possible ways.
• Commissioner Russell Dize seconded.
• Motion passed unanimously
Legislation/Regulations Update:
Black Sea Bass - Effective on 3/27. Set maximum percentages on transfers.
Bait - Provides a permit for harvest of nine species of bait without a license; defines gear types and quantities to take for sale.
Emergency Striped Bass Regulation - Establishes 33" minimum size and extension of line up into the Susquehanna. Will go to AELR by March 15 th .
Commissioner Simns expressed his displeasure that the line was extended and said he was disappointed that the Department had allowed this regulation to go forward.
Other Miscellaneous Regulations - 1) To move fishing guide requirements into regulation , in order to clarify the law; 2) To create order in oyster sanctuaries; 3) nuisance aquatic species regulation
Legislation:
2 bills -- Queen Anne and Somerset Counties -- to allow people to engage in seafood industry activities on their property.
House Bill 853 - will eliminate hydraulic hard clam dredging on the Coastal Bays. House Bill 980 - Will prohibit the capture and commercial harvest of terrapins. Already had the hearing for this bill.
Tidal Fish Apprentice Program - will change requirements for credit toward work requirements.
One of the visitors asked where the science for extending the recreational catch & release came from, when the recreational fishermen were grossly over their limit last year. Mr. Gary explained that data from 1998 showed that 90% of the fish in that area were small males. More data will be collected this year and if the data doesn't show that the length/frequency is the same in the River as on the Flats, the Department will reconsider this action. Commissioner Dize said he was upset that the yellow perch fishery was shut off to commercial watermen despite data saying it was okay, but the recreational striped bass fishery was expanded with no data at all. He felt the TFAC should vote against this regulation and register their objection with the Department. Mr. Gary explained that the regulations are an effort to offer fishing opportunities to people restricted by living in the striped bass spawning areas. The Department feels this is a good alternative. Mr. Keen offered to meet with Commissioners Dize and Simns after the meeting to explain the situation further.
• Commissioner Simns made a motion not to support the extension of the striped bass catch and release area in the Susquehanna.
• Commissioner Dize seconded.
• 1 - no; 4 yeas - motion passed.
Striped Bass:
Carrie Kennedy, of the Fisheries Service gave the Commission an update on the commercial striped bass fishery:
• The 500 lb. daily quota was changed to 2500 lbs. per week.
• Catch is about the same as last year; she doesn't expect the gill-netters to go over quota.
• 200 2005-harvest cards have not been turned in and Ms. Kennedy asked that they be sent in ASAP. The missing cardholders will be contacted by mail.
• The 2006 cards will be held all year long; turn in date will be 01/07.
• The pound certification affidavits were mailed out the first week of March.
• The striped bass check stations are not reporting promptly and in a timely manner.
Mr. Keen asked Ms. Kennedy to put something in the Watermen's Gazette about the missing cards.
ASMFC:
Striped Bass:
Mr. Keen told the Commission that it was decided that the striped bass payback for Maryland will 13,700 fish in 2006. This is a portion of the total payback; the other will be paid back in later years. Mr. Gary explained that the Department is trying to do something to have our own data set. One option is to check whether striped bass will be targeted when a recreational license is purchased. He then presented a Striped Bass Survey form to measure the first 20 striped bass caught each day, whether they are kept, or released. The Department believes this could help by comparing with the MRFSS Survey data. Representatives of the Charter boat Association promised to take this form to the people who have charter boat log books. Chairman Woodfield felt this would be worthwhile if it will save the fishery next year. Mr. Gary explained that it was a random survey; the first 20 fish whether legal, or not, would be recorded. The length would be the most important data; this data could be a protection for Maryland. He told the Commission that the Department would mail the form to charter boat logbook holders.
Horseshoe Crabs: The ASMFC is looking for a moratorium on all but medical purposes.
Eels: Can expect changes to be made in a couple of years.
Oysters:
Chris Judy, of the Shellfish Program, gave the harvest update for this season. To date, 115,000 bushels had been reported, with tickets still coming in. He gave the Commissioners new tables by gear type and area. A big increase was shown in the Upper Bay, Patuxent and the Eastern Bay areas.
The seed program is a low-level program; the counts are still low. The primary focus is on the Upper Bay areas. The TFAC will get 10,000 bushels to allocate this year. He plans to meet with the county committees to stress the importance of putting their portions in the Upper Bay (North of Thomas Pt.). He recommended ½ on Hackett's and ½ on Mountain Pt. The Department plans to balance this out by putting shells in the Lower Bay.
Danny Beck, a commercial waterman, asked Mr. Judy if some seed could be put on the Man O'War bar. Mr. Judy promised to take this request to the next Committee meeting.
Mr. Keen then addressed some questions from the January meeting: 1) Poplar Island - the Department is diligently working on the TFAC's motion to require the Corps of Engineers to reestablish bars off of Poplar Island; 2) CBF on Hackett's bar - the Department will suggest that they work on an area up the Severn River. CBF is willing to entertain the move, if the bar is equivalent to Hackett's.
Chairman Woodfield pointed out that this is the 2nd year this issue has come before the TFAC and the Commission expects resolution this time. One of the CBF representatives asked for clarification on why CBF can't use Hackett's bar for educational purposes. They feel that they are working within the requirements of the scientific collection permit they have been issued. Commissioner Simns explained that it is mostly a perception problem. The watermen aren't allowed to dredge that bar, yet the CBF does. Hackett's is the best patent-tong bar on the Bay; it would be better if CBF does their collecting on a dredge bar.
Artificial Reefs:
Mr. Gary told the Commission that Maryland lacks a formal plan for artificial reefs, but the Department is working with Andy Loftus to develop one. Mr. Loftus would like to speak at the April meeting to hear any concerns the TFAC about site locations. A discussion followed about the effectiveness of the reef program in other areas of the Bay. When the silting of the Gooses was mentioned, Commissioner Dize asked what the scum on the oysters taken from Hacketts to the mainstem was. Mr. Keen offered to get a diagnosis from the Cooperative Oxford Lab; Commissioner Dize said he would ask some of the watermen to provide samples.
Recreational Crab License Cap:
Gina Hunt, Director of Policy and Regulatory Programs, discussed the motion made in the January TFAC meeting to cap the number of recreational crab licenses sold and to increase non-residence fees. Mrs. Hunt explained that although the license is in regulation and is subject to change by the Department, there are functional problems in doing that. The current license system, COIN, is not equipped to isolate the individual license holders. Some of the crabbing licenses are included in other licenses, such as the $40 boat decal, and are not put into the system as individual crab licenses. This license is the same for both residents and non-residents. The Department cannot legally establish a fee that is unfair to non-residents; when these are changed, they are usually reciprocal fees.
Several of the Commissioners felt that if the Department cannot cap the number of licenses sold, then a higher fee should be charged. Mrs. Hunt stated that she would come back to the Commission with more information.
The meeting was adjourned at 9:40 p.m.
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