Tidal Fisheries Advisory Commission

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APRIL 3, 2003 MEETING SUMMARY

Commercial Hook and Line- Flounder Minimum Size:

In 2002, Fisheries Service proposed changing the minimum size for summer flounder caught by commercial hook and line from 14” to 17” to be the same minimum size as recreational hook and line. The reasons were: 1) The flounder stock is enhanced by a higher minimum size and the commercial hook and line fishery size upgrade would not require the re-gearing that trawl net gear (the principal gear for flounder) would require if the minimum size was raised, and raising the minimum size without increasing mesh size would increase bycatch mortality; 2) The 14” commercial hook and line size interacted with the 17" minimum size for charterboat and recreational anglers that might be fishing side by side; and 3) The number of commercial hook and line harvesters targeting flounder based upon catch reports is very small, but created significant user equity conflict issues on the water and in advisory forums. Additionally, the identical size limit is more efficient for the Department to enforce the minimum size limit for summer flounder caught with hook and line. A regulation establishing a 17" minimum size for flounder caught by hook and line for recreational or commercial purposes was promulgated in September 2002 after review by the Tidal Fisheries Advisory Commission and a public comment period.

Commercial flounder harvesters who fish the Atlantic coastal bays attended the meeting to request the size limit be returned to 14 inches for commercial hook and line fisherman. They argued that: adequate notice wasn't provided to commercial harvesters, the size limit should not be raised without a good scientific reason and there should be a single minimum commercial size limit; and that the availability of flounder 17" inches or greater is too low for a commercial fisherman to make a living. The Commission agreed that the change was made without enough consideration and that the commercial fishery operates under a fixed poundage quota and a lesser minimum size than the charterboat and recreational fishery is appropriate. The Commission approved a motion to return the commercial hook and line size limit for summer flounder to 14 inches.

Black Drum Study

The commercial sale of black drum is currently prohibited by regulation (COMAR 08.02.05.15). A black drum conservation program was created in concert with the existing regulations for black drum in 1998. The conservation program allowed DNR Fisheries Service biologists to tag black drum for research and validate the release of black drum from commercial fisheries. The study was conducted for 2 years. A presentation on the results of the study was given to the Commission. The Commission requested bringing back the study or a quota-based fishery. The Commission agreed to meet with charterboat, pound net, and recreational fishing representatives to discuss fishery options.

Oyster Seed

The Commission is allotted 30,000 bushels of seed (10% of the total program) to determine the placement of the seed. The Commission recommended dividing the seed equally to the four gear types in areas of good survival: Snake Rip on Mountain Point bar (dredger area), Hackett Point bar (patent tong area), Chester River (hand tong area), Chester River (dive area). The DNR Shellfish Division was asked to work with the local oyster committees to select bars in the Chester River. The Commission seed on Mountain Point will be available equally to both dredgers and patent tongers. This is an area where on November 1, the sail dredgers and the patent tongers can begin harvesting oysters together. Mountain Point has a delayed opening for tongers to allow the sail dredgers a fair chance to benefit from their long term placement of seed allocation on that bar.

Legislation and Regulation Update:

A synopsis of bills and regulations affecting Fisheries Service was distributed and discussed. A synopsis of bills that affect or were commented on by DNR and the final action taken by the General Assembly on each bill is provided on the Legislative Update Web Site. The following regulation proposals were also discussed:
Proposed recreational regulations for summer flounder, weakfish, Spanish mackerel, red drum, tautog, and spiney dogfish in compliance with Atlantic Marine Fisheries Commission (ASMFC) requirements. The proposal will:
o Remove the July 24 to August 12 season closure on summer flounder
o Reduce the weakfish minimum size from 14 inches to 13 inches and decreases the daily creel limit from 10 fish/person to 8 fish/person.
o Increase the daily creel limit for Spanish mackerel from 10 to 15 fish/person. (Currently 15 fish by public notice)
o Reduce the red drum daily creel limit from 5 to 1fish/person.
o Close the month of December for the harvest of tautog.
o Establish the authority of the Secretary to close, by public notice, State waters to the commercial landing, harvest, and possession of spiny dogfish when the ASMFC or NMFS projects the quota to be harvested.

Commercial regulations for striped bass will be proposed and will effect the following changes:
o Removes fishing guide registration requirements that are no longer necessary for management of this fishery
o Modify the striped bass certification process for pound nets to maximize the efficiency of Department personnel and verification procedures.
o The proposed action will modify the time frame for the striped bass registration of intent to coincide with the license renewal time period.
o Provide for striped bass harvested in Maryland waters of the Atlantic Ocean to be landed out of state.

MOTIONS

ACTIONS BY THE DEPARTMENT