TIDAL FISHERIES ADVISORY COMMISSION MEETING

Thursday, April 13, 2006, 7:00 P.M.

Tawes State Office Building, C-1

 

Commissioners present:

 

Bill Woodfield, Chairman                      Jack Brooks                             Diane Baynard

Glenn James                                         Andrea Jacquette                      Larry Simns

Rick Webster

 

Chairman Bill Woodfield called the meeting to order at 6:57 p.m.

 

Announcements/Handouts:

 

None

 

Additions to the Agenda:

 

Two visitors asked to speak to the Commission later in the agenda.

 

Blue Crabs:

 

A.C. Carpenter, of the Potomac River Fisheries Commission (PRFC), came to the Commission with a proposal for changing the legal size limit of blue crabs in the Potomac River tributaries.  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.  Mr. Carpenter gave the Commissioners a handout with a 10-year graph of Potomac River data.  In the Potomac, at 5 ½”, 91 % of the crabs caught are classified as #1 males.  He would like to propose that the tributaries in Virginia and Maryland go to 5 ½”, the same as the main stem.  He suggested that the season start at 5 ¼” in April, then go to 5 ½” in July as a three-year experiment.  If the watermen are not satisfied with the product, the regulations can go back to the previous sizes.  He told the Commission that he was not asking for a decision at this time; he would like for them to just look at crabs over this season.

Commissioner Larry Simns asked Mr. Carpenter if the PRFC had ever considered making the Potomac River regulations the same as Maryland’s.  Mr. Carpenter told him that the PRFC feels their way is very convincing.  Commissioner Simns said that he agreed in theory, but this change would create two different laws in Maryland waters.  Mr. Carpenter cited examples of striped bass and summer flounder as species size limits that are the same in the main stem and the tributaries.  He said that the PRFC proposal is strictly size limit; it would be up to Maryland to decide about “day off” regulations in Maryland.  He plans to make the same proposal to Virginia for the 2007 season.

Commissioner Jack Brooks expressed concern that the picking houses already have challenges; the 5 ¼” limit came at a cost to them.  He wondered if there would be some sort of “emergency plug” to pull if a hard winter killed the large crabs.  Mr. Carpenter didn’t feel that winterkills would be significant in a crab of that size.  Kenny Keen, Deputy Director of the Fisheries Service, suggested that a “sunset” could be put on the change to ensure that the laws go back after three years.

Commissioner Simns asked Mr. Carpenter if the PRFC would consider compromising by going to 5 ¼”; each party would be giving some.  Mr. Carpenter said that they would not close the doors to any discussions at this point.

 

Winter Dredge Survey Results:

 

Lynn Fegley, of the Fisheries Service, presented the results of the annual winter dredge survey.  The number went down a bit in 2006 due to age 0 crabs; but the population overall is very stable.  There was an excellent recruitment episode in 2005, but 2006 showed a slight drop in recruitment.  The abundance of mature females is very stable.  The survey was divided into 3 areas; this showed a big regional effect.  In the lower bay, there was a significant drop in recruitment.

Commissioner Diane Baynard asked where the program was in the Fisheries Management Plan (FMP) of doubling the stock.  Mrs. Fegley said that while the stock is not doubling, it is moving in the right direction.  Commissioner Baynard asked if salinity, or cold could explain changes.  Mrs. Fegley told her that cause and effect is very hard to find; she would need to get with Virginia to look at past data for effect.

 

NRP Update:

 

Sergeant Rob Kersey, Natural Resources Police, gave a list of violations the NRP cited in March that were of interest to Fisheries.  He told the Commission that he was not quite sure what they wanted him to report and invited them to give him ideas.  Commissioner Simns asked that he report violations on size, etc. and in the summer, on recreational violations.

 

Regulations proposal for nuisance species:

 

Sarah Widman, of the Fisheries Service, began with a background of nuisance species regulations.  The current proposal has two lists: the purpose of the A list is to prohibit certain non-native species from entering Maryland; the purpose of the B list is to control the transport and spreading of non-native species already introduced to Maryland.  Permits would be issued for research, education, eradication and control.  Danny Beck, a commercial waterman, asked if the Department would provide pictures of these species; Mrs. Widman said that was something they had planned to do.  She asked the Commission to contact her, or Harley Speir if they knew of any additions to these lists.

 

Artificial Reefs:

 

Andy Loftus began working with the Department in March to develop an Artificial Reef Plan for Maryland.  For the last few years, the Maryland Environmental Service (MES) has been permitting artificial reefs, but this task is coming back to DNR.  Mr. Loftus will be working with Dick Stone who worked with the Artificial Reef Committee in the 1980s. Mr. Stone will do the bulk of the work on the Maryland Plan.  They are currently in the information gathering stage.  The plan will provide a structured process for developing site plans.  A draft plan will be completed by mid/end of May to present to constituents for feedback.  The final plan should be presented by late summer/early fall.

Commissioner Simns admitted that he is one of the toughest critics of artificial reefs.  He feels that they are convenient dumping places for contractors and are harmful to commercial gear.  Living oyster reefs are the only ones that real work.  He did feel that with policy and direction under DNR, a management plan should help considerably.

 

AES LNG Update:

 

Due to the absence of the presenter, this topic was taken off of the agenda.

 

 

Legislation/Regulations Update:

 

Gina Hunt, Assistant Director, Fisheries Service, gave an update of the 2006 Legislative session from a handout provided to the Commissioners.  She told them that there was not much on regulations right now; she went over the bills that were of particular interest to fisheries.

  • HB 108 Aquaculture – Transgenic and Genetically Altered Species – Extends prohibition of Department of Natural Resources, unless certain conditions are met, to issue aquaculture permits for raising transgenic or genetically altered species.   PASSED
  • HB 980 Natural Resources – Terrapin Prohibition – Requires the Department to adopt regulations consistent with the 2001 Maryland Diamondback Terrapin Task Force report, and to prepare a fishery management plan for Diamondback Terrapin.   PASSED
  • HB 1188 Natural Resources – Aquaculture Operations – Requires the Aquaculture Coordinating Council to provide recommendations to the Department by December 31, 2006 on aquaculture seed production and lifting restrictions that apply to wild fish stocks to farm-raised seafood.  PASSED
  • SB 128 Natural Resources – Collection Certificates – Fisheries Education Certificate – Departmental Bill – provides permit for educational collection of fish, similar to the scientific collection permit.   PASSED
  • SB 274 Natural Resources – Tidal Fish License Apprenticeship Program – Modifies the experience that may qualify under an apprenticeship permit. It doesn’t modify the number of licenses or the number of hours required to complete the program. Experience may now count back 10 years in certain circumstances.  PASSED

 

Andy Loftus referenced HB 11, which stated that unnecessary pain couldn’t be inflicted on an animal.  Hunting and trapping were excluded, but not fishing; he asked Mrs. Hunt if this could be a problem for Fisheries.  Mrs. Hunt told him that the Department’s legislative liaison would let her know if this bill creates a problem.

 

Commercial Licenses:

 

Downgrading a TFL:

Mrs. Hunt presented a memo to the TFAC Commissioners concerning requests for individuals that have an unlimited TFL to downgrade to the individual components.  Law allows for a conversion, or upgrade, but not for a downgrade.  The memo explained the reasons for this.

 

Licenses available to be pulled from the apprenticeship program:

There are licenses currently available.  Limited crab catcher and oyster harvester licenses have spots open with no one on the wait list.

 

Letters for delinquent 2005 reports:

Twelve people failed to meet reporting requirements in 2005 and were unable to renew their licenses for the 2006 season.  Each person was personally called to notify them.  Overall, the watermen took care of reporting; the delinquent list went from over 1000 to 12 in 2005.  For the 2006 reporting season, 884 delinquent notices were sent on March 27th. Watermen are responding and we are now down to 686 delinquent reporters; some of these watermen only missed one month.

 

Licenses not renewed because of delinquent reports last year:

Bob Evans, a commercial waterman, told Mrs. Hunt that he was one of the check stations that were unable to renew.  He was angry about his check station status being pulled and felt that his late reporting did not warrant this action. He also complained that he has received notices from the Department about missing his individual harvester reports when he knows he did report as required, and he feels that the Department has a problem.  Mrs. Hunt explained that the check stations must turn in all paperwork because the numbers from the calls, reports and striped bass cards don’t always match.  Mr. Evans felt that the Department was unprofessional for not notifying him personally that his check station status was not being renewed.  He turned in his check station paperwork to Mrs. Hunt and insisted that he will no longer help the Department.  Mrs. Hunt apologized for not notifying him personally; Mr. Keen took the blame for not placing the call.

 

Old Business:

 

Recreational Crab Licenses:

 

Mrs. Hunt came back to the Commission with information she was asked to provide about the possibility of changing the license fees for Recreational Crabbing Licenses.  She told the Commissioners that the Department could change the nonresident fees, but not significantly.  The Equal Protection Clause  prevents any agency from charging an out-of-state licensee more than the cost of the administrative burden for issuing a nonresident license. In other words, the increase could not be unfair or unreasonable. The Department cannot change the price of the $40 pleasure boat license, which includes a crabbing license, because it is set in law. The decal is the same price for both residents and non-residents. But, the Department can remove the crabbing license as part of the decal by regulation. 

George Luongo, representing the Working Watermen of Anne Arundel County, expressed concern that recreational licenses are growing, but commercial licenses are limited.  He feels that this growing number of recreational crabbers is directly impacting his catch.  Mr. Luongo felt that raising the fee is not a solution; only a cap on the number of recreational licenses will get the desired result.  His association is suggesting a cap on the number of recreational licenses sold.  If a cap is not possible, then they suggest a reduction in the recreational catch gear allowed.  Mr. Luongo proposed that the current allowance of 1200 feet of trot line be reduced to 300 feet.  Commissioner Simns did not think that 300 feet would ever be acceptable to recreational crabbers and suggested a reduction to 600 feet. He and other commercial watermen present felt that no reporting requirement for recreational crabbers is also a problem.  They felt that data is important and the Department should have a harvest information program for recreational crabbers. Recreational catch information is needed for accurate harvest numbers.  Howard King, Director of the Fisheries Service, said there seems to be an allocation problem between the commercial and the recreational crabbers, and if the problem is carefully identified, there may be some solution.  He asked if the time restrictions were working; the watermen all felt that it is not.

 

  • Commissioner Larry Simns made a motion that the TFAC set up a work group to explore the possible changes that can be made to the recreational crab licenses and how to go about making the necessary changes.  A suggestion was made to also get other stakeholders (i.e., the South River Association, CBF, etc.) to serve on the workgroup.
  • Commissioner Andrea Jacquette seconded.
  • The motion passed unanimously.

 

Striped Bass Update:

 

Carrie Kennedy, Fisheries Service, told the Commission that a check station meeting would be held on May 2nd at 7:00 p.m. at the Tawes State Office Building to go over regulations.

Commissioner Simns stated that Bob Evans should be allowed to get his license back considering all the help he has given the Department.  He asked Mr. Evans to reconsider doing a check station.

Mr. Keen added that the object of the check station meeting is to get feedback from the license holders.

 

Notification to Striped Bass Harvesters:

Ms. Kennedy gave the Commissioners a sample of a letter that was sent to notify striped bass harvesters that personal information must be used when making striped bass harvest tag requests.  Name, address and social security number must be given to comply with a customs regulation since the tags come from Canada.  Mrs. Hunt added that tags couldn’t be shipped if the Department does not comply with this regulation.  Commissioner Glenn James asked that the Department make certain that social security numbers are not put on any shipping documents.  Ms. Kennedy suggested that a request be made that tags be sent to the Department and the Department will ship them out to the harvesters. This may take longer, but social security numbers will not have to be provided.

 

Seafood Marketing Report:

 

Kenny Keen told the Commission that he had spoken with Jim Gilford, SFAC Chairman and Bill Woodfield, TFAC Chairman about forming two subgroups to begin discussions on the report due in December.  Three, or four, people from each Commission would form the subgroups.  Each group would meet separately to discuss their portion of the report, and then come together in the fall to complete the report.

 

MAFMC/ASMFC Update:

 

Kenny Keen gave a brief update on recent meetings.

 

Oyster Update:

 

Chris Judy, Fisheries Service, gave an update on the 2006 oyster harvest.  134,000 bushels were reported in 2006, compared to 72,000 in 2005.  Accurate reporting seems to be a problem; Commissioner Simns volunteered to help with non-reporters.

 

Shell Dredge Permit:

Mr. Keen told the Commission that a public hearing is planned for April 24th, 7:00 pm at the Edgewater Police Department.  The comment period closes on May 9th; a decision will be made by mid-May.  Commissioner Simns stressed the importance of the watermen attending this hearing.

 

New Business:

 

CBF and Dredging:

Chairman Bill Woodfield passed out copies of a letter written to the Secretary from the Working Watermen’s Association of Anne Arundel County expressing their concerns over the Chesapeake Bay Foundation power dredging on a patent tong bar.  Attached to the letter was Howard King’s response explaining that the Fisheries Service issued a scientific collection permit to the CBF for the period March 15 through May 15, 2006 with the understanding that new permit conditions will be required after May 15th.  The Department will provide alternate areas as required options for displacement of the Foundation dredging activities at a meeting the middle of April.  The Department expects this issue to be corrected by May 1, 2006.

 

Yellow Perch:

 

Danny Beck, an Upper Bay commercial waterman, told the Commission that commercial watermen are having problems with their nets being vandalized.  He feels that fyke netters are the victims of “hate crimes”.  Commissioner Simns agreed, adding that commercial fishermen are up against propaganda put out by sports writers that often encourage vandalism.  He felt that the laws against vandalizing commercial gear are not enforced and that the Department should be working to rectify this situation.

 

Commissioner Glenn James asked for the Department’s help in neutralizing the bad press about contamination of striped bass.  Reports of lesions and sick fish are damaging to the charter boat industry.

 

Oyster seed allocation:

 

George Luongo, of the Anne Arundel County Seed Committee, requested that a portion of the TFAC’s annual seed allocation be placed on hand tong bottom in the South River.  Commissioner Simns pointed out that 60% of this seed is diseased and asked if they wanted it anyway.  Mr. Luongo said that it didn’t matter, they still would like to have the seed planted.  Commissioner Simns asked Chairman Woodfield to reconsider the distribution of the TFAC seed.  It was decided that 2,000 bushels of the TFAC allotment would be put on hand tong bottom in the South River, the remainder of the seed would be split between Hackett’s and Mountain Point.

 

The meeting was adjourned at 9:30 p.m.