The Division of Fish & Wildlife will conduct a public hearing (Docket #2020-R-F-0015) on proposed revisions to the regulations governing recreational fishing for Striped Bass. Public comment period closed.

The hearing will focus on the following regulations: 7 DE Admin. Code 3503 Striped Bass Recreational Fishing Seasons; Methods of Take; Creel Limit; Possession Limit and 7 DE Admin. Code 3504 Striped Bass Possession Size Limit; Exceptions.

The mandatory provisions of the Atlantic States Fisheries Commission’s (ASMFC’s) Addendum VI to Amendment 6 to the Atlantic Striped Bass Interstate Fishery Management Plan (FMP) require a coastwide 18% reduction in striped bass removals (landings + discard mortality). The ASMFC adopted specific, prescribed coastwide management measures to meet the required 18% reduction, but these measures are not preferred for Delaware. Delaware developed two management options that were approved by the ASMFC that, if implemented by the Department, would be equivalent to the specific coastwide management measures in Addendum VI. The first option results in a 1.8% reduction in commercial removals and a 20.4% reduction in recreational removals. The second option results in an 18% reduction in commercial removals and an 18.18% reduction in recreational removals. Both options retain the recreational summer slot season (1 striped bass at 20″- 25″ in Delaware River, Bay & their tributaries from Jul 1 – Aug 31), but the two options differ for the recreational fishery as follows:

Option 1 is currently in effect due to Emergency Order No. 2020-F-0002, but adoption of either option will ensure compliance with the FMP, as required by the Atlantic Coastal Fisheries Cooperative Management Act (16 USC §§5101, et seq.).  The proposed amendment may be inspected at DNREC’s office in-person (by appointment only) located at Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901 and online as of June 1, 2020 at regulations.delaware.gov/services/current_issue.shtml.

For additional information on this proposed regulatory promulgation, please contact John Clark, DNREC/DFW, 89 Kings Hwy., Dover, DE 19901; by phone at 302-739-9914; or by email at John.Clark@delaware.gov.

Please note that live comments will not be accepted during the virtual hearing.  Written comment may be submitted to the Hearing Officer via the online comment form at dnrec.delaware.gov/public-hearings/comment-form/, via email to DNRECHearingComments@delaware.gov, or via USPS to the below address. The Department will accept public comment through the close of business on Thursday, July 10, 2020.

Public Hearing Officer

Theresa Newman
DNREC Office of the Secretary
89 Kings Highway
Dover, DE 19901

Related Links and Documents

Public Meeting Calendar Notice

Legal Notice (5/31/20)

Transcript, Hearing Officer’s Report and Secretary’s Order

Public Hearing Transcript

Hearing Officer’s Report

Secretary’s Order No: 2020-F-0024 — Approving Final Amendments to 7 DE Admin. Code 3503 – Striped Bass Recreational Fishing Seasons; Methods of Take; Creel Limit; Possession Limit and 7 DE Admin. Code 3504 – Striped Bass Possession Size Limit; Exceptions (Effective Date: August 11, 2020)

Amendment to Secretary’s Order No. 2020-F-0024 (ERRATA)

DNREC Exhibits

Exhibit 1 — Meeting minutes from the November 20, 2019 meeting of the Advisory Council on Tidal Finfisheries, which include the Council’s motion to recommend Delaware’s Atlantic States Marine Fisheries Commission (ASMFC)-approved Management Option 1 for compliance with ASMFC Striped Bass Addendum VI.

Exhibit 2 — A copy of Secretary’s Emergency Order #2020-F-0002, implementing Option 1 as of February 15, 2020.

Exhibit 3 — A copy of approved Start Action Notice 2020-04 pertaining to the proposed amendments and a memo from Secretary Garvin notifying the legislative committees of the proposed action.

Exhibit 4 — A copy of the Regulatory Flexibility Analysis/Regulatory Impact Statement, corresponding to the proposed action and as published in the June 1, 2020 Delaware Register of Regulations.

Exhibit 5 — A copy of Register Notice SAN#2020-04 and the proposed amendment to 3503 Striped Bass Recreational Fishing Seasons; Methods of Take; Creel Limit; Possession Limit and Code 3504 Striped Bass Possession Size Limit; Exceptions, as published in the June 1, 2020 Delaware Register of Regulations.

Exhibit 6 — Evidence for the publication of the legal notice regarding the proposed amendments to 7 DE Admin Code 3502 Striped Bass Spawning Season and Area Restrictions in the Delaware State News and Wilmington News Journal on May 31, 2020.

Exhibit 7 — Notice of this public hearing as it appeared on Delaware’s Statewide Calendar and posted May 14, 2020.

Exhibit 8 — A copy of the legal notice for tonight’s public hearing as posted on DNREC’s public notices website starting on May 31, 2020.

Exhibit 9 — Additional noticing sent to the Fisheries List Serve, certain Blackboard Connect subscribers, and posted on the Division’s FB page regarding tonight’s hearing on the proposed amendment to 3503 Striped Bass Recreational Fishing Seasons; Methods of Take; Creel Limit; Possession Limit and Code 3504 Striped Bass Possession Size Limit; Exceptions.

Exhibit 10 — A copy of the legal notice for tonight’s public hearing as posted on the bulletin board in the DNREC Building lobby on June 5, 2020.

Exhibit 11 — A copy of the proposed amendments to 3503 Striped Bass Recreational Fishing Seasons; Methods of Take; Creel Limit; Possession Limit and Code 3504 Striped Bass Possession Size Limit; Exceptions for attendees of the June 25, 2020 hearing.

Exhibit 12 — A copy of a presentation on proposed amendments to 3503 Striped Bass Recreational Fishing Seasons; Methods of Take; Creel Limit; Possession Limit and Code 3504 Striped Bass Possession Size Limit; Exceptions for tonight’s hearing.

Exhibit 13 — A copy of the written comments submitted as of COB 06/24/20.

Public Comments

Travis Mick (07/08/20)

Edward Chalabala (07/09/20)