The Division of Fish & Wildlife will conduct a public hearing (Docket #2019-R-F-0026) on proposed revisions to the Tidal Finfish regulations regarding Striped Bass Spawning Season and Area Restrictions. (Public Comment Period Closed)

The proposed changes would expand the current allowable area where fixed gill nets can be used by opening approximately 1.75 nautical miles (linear) of the Delaware River to fixed gill net fishing during the months of January through May. The current seasonal fixed gill net exclusion area extends from Liston Point (Delaware River) northward. This action would adjust the lower boundary of the exclusion area northward (upstream) to the southern shore of Appoquinimink River mouth at latitude 39˚26’51.00”N and longitude 75˚34’46.00”W.

The proposal is consistent with the Atlantic States Marine Fisheries Commission’s Interstate Fishery Management Plan for the Striped Bass, its amendments and addenda. The Advisory Council on Tidal Finfisheries endorsed development of this action at their September 25, 2019 meeting. Striped bass landings will be unaffected by this amendment, as the commercial striped bass fishery is managed through and limited by an annual commercial quota with mandatory harvester and weigh station tagging and reporting.

For more information, contact Stewart Michels, DNREC/DFW, 89 Kings Hwy., Dover, DE 19901; by phone at 302-739-9914; or by email at Stewart.Michels@delaware.gov.

Persons wishing to comment on the proposed amendments may do so either orally or in written form at the public hearing on February 26, 2020. In lieu of attending the public 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 address below.

Public Hearing Officer

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

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

Public Hearing Transcript

Hearing Officer’s Report

Secretary’s Order No. 2020-F-0013 — Approving Final Amendments to 7 DE Admin. Code 3502: Striped Bass Spawning Season and Area Restrictions (Effective Date: June 11, 2020)

Related Documents

Proposed Regulations – 23 DE Reg. 633 (02/01/20) (Prop.)

Related Links

DNREC Public Notice

Public Meeting Calendar Notice

DNREC Exhibits

Exhibit 1. Meeting minutes from the July 24, 2018, April 17, 2019 and September 18, 2019 meetings of the Advisory Council on Tidal Finfisheries where this issue was discussed.

Exhibit 2. A copy of approved Start Action Notice 2019-10 pertaining to the proposed amendments and a memo from Secretary Garvin notifying the legislative committees of the proposed action.

Exhibit 3. A copy of the Regulatory Flexibility Analysis/ Regulatory Impact Statement, corresponding to the proposed action and as published in the February 1, 2020 Delaware Register of Regulations.

Exhibit 4. A copy of Register Notice SAN#2019-10 and the proposed amendment to 3502 Striped Bass Spawning Season and Area Restrictions, as published in the February 1, 2020 Delaware Register of Regulations.

Exhibit 5. Copy of the legal notice regarding the proposed amendments to 7 DE Admin Code 3502 Striped Bass Spawning Season and Area Restrictions, as posted at the main entryways of DNREC’s Richardson & Robbins Building on January 21, 2020.

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

Exhibit 7. Notice of this public hearing as it appeared on Delaware’s Statewide Calendar and posted February 3, 2020.

Exhibit 8. A copy of the legal notice for tonight’s public hearing as posted on DNREC’s public notices website starting on February 2, 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 7 DE Ad min Code 3502 Striped Bass Spawning Season and Area Restrictions.

Exhibit 10. A copy of the proposed amendments to 7 DE Ad min Code 3502 Striped Bass Spawning Season and Area Restrictions for attendees of the February 26, 2020 hearing.

Exhibit 11. A copy of a presentation on proposed amendments to 7 DE Ad min Code 3502 Striped Bass Spawning Season and Area Restrictions for tonight’s hearing.

Exhibit 12. A copy of the two (1 individual) written comments submitted as of COB 02/25/20.

Public Comments

Rich King Comments (3/12/20)