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  #1  
Old 01-04-2009, 11:47 PM
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Default Proposed slot limit - striped bass regulations for Delaware River and Estuary- 2009

Slot Limit proposal

http://www.fish.state.pa.us/mpag1.htm

Proposed striped bass regulations for Delaware River and Estuary
-- public comments accepted through January 20, 2009

Notice of Proposed Rulemaking
COMMONWEALTH OF PENNSYLVANIA

PENNSYLVANIA FISH AND BOAT COMMISSION

Title 58. Recreation


Part II. Fish and Boat Commission Chapter 61 Fishing
Preamble


The Fish and Boat Commission (Commission) proposes to amend Chapter 61 (relating to

seasons, sizes and creel limits). The Commission is publishing this proposed rulemaking under the authority of 30 Pa. C.S. (relating to the Fish and Boat Code) (code).

A. Effective Date
The proposed rulemaking, if approved on final-form rulemaking, will go into effect on April

1, 2009

B. Contact Person
For further information on the proposed rulemaking, contact Laurie E. Shepler, Esq., P.O.
Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposed rulemaking is available on the Commission’s website at www.fish.state.pa.us.

C. Statutory Authority
The proposed amendments to § 61.2 (relating to Delaware River and River Estuary) are
published under the statutory authority of section 2102(b) of the code (relating to rules and regulations).

D. Purpose and Background
The proposed rulemaking is designed to improve, enhance and update the Commission’
fishing regulations. The specific purpose of the proposed amendments is described in more detail under the summary of proposal.

E. Summary of Proposal
Since 1992, during the time period when Delaware River and Estuary striped bass were in
restoration mode, there has been an April and May closure to the harvest of striped bass from the spawning grounds in Pennsylvania, New Jersey and Delaware. The Commission’s regulation in §61.2 defines the segment to which the closure applies as extending from the Pennsylvania / Delaware state line upstream to the Calhoun Street Bridge, which is located just upstream from the head-of-tide and joins Morrisville, Pennsylvania with Trenton, New Jersey.

In 1997, the Atlantic States Marine Fisheries Commission (ASMFC) declared that the
Delaware River stock of striped bass had been restored to historical population levels based on high juvenile recruitment, high spawning stock biomass and low fishing mortality. Despite being
restored, management of the fishery within the Basin states remained conservative with high size limits (28 inches), low creel limits (2 fish per day) and spawning ground closures to harvest. In this Commonwealth, this meant that the season downstream from Calhoun Street Bridge closed on April 1, just as the adult striped bass population was building, and reopened on June 1, just as the bulk of the adult striped bass population had emigrated from the Commonwealth. This Commonwealth’s anglers were given little opportunity to harvest striped bass, and striped bass angling when fish were most abundant was discouraged by the season closure.
Delaware River and Estuary striped bass harvest has been low. During the 2002 four state creel census, only 582 striped bass were harvested in the stretch that extended from the Delaware River Memorial Bridge near Wilmington, Delaware upstream to the river’s branches in New York.
Pennsylvania’s tagging data supported this observation of low harvest, particularly from
Pennsylvania. Of the 2,872 striped bass that were tagged in the Delaware Estuary spawning grounds between Pennsylvania and New Jersey from 1995 through 2007, only 34 tags were returned from Pennsylvania’s waters. Observations by the Commission’s Waterways Conservation Officers and biologists have been that the vast majority of striped bass caught in the Commonwealth are yearlings, two-year olds, and some three-year olds caught in late spring and summer as by-catch in other fisheries and as a targeted catch and release fishery in the tidal and non-tidal river.
Male striped bass are abundant during April and May on the spawning grounds and about
90% are shorter than the 28 inch length limit. Furthermore, very few sub-legal female striped bass are present on the spawning grounds. The Commonwealth’s anglers desire an opportunity to take advantage of this restored striped bass population and the potentially excellent fishing that it could provide. Past regulatory and habitat protection efforts by the Commission have largely benefited coastal anglers and anglers outside of the Commonwealth.

The Commission therefore proposes that an April and May fishery be established in the
seasonally closed portions of the Delaware River and Estuary that is designed to specifically target mature male striped bass. The Commission further proposes that this fishery be regulated with a 20 inch to 26 inch slot limit from which two fish per day can be harvested during April and May. There will be a 28 inch length limit and two fish per day creel limit in all other months of the year, and there will be no closed season. Regulations for the remainder of the river will remain unchanged.
The Commission proposes to amend §61.2 to read as set forth in Annex A.
The Commission coordinated this proposal with the State of Delaware, which took the lead in
data analysis and reporting. The two states have made similar slot and creel limit proposals that will apply to different months of the year. Delaware’s proposal will target male striped bass in summer and fall that have emigrated from the spawning grounds and taken up residency in Delaware


ASMFC’s Striped Bass Management Board approved both proposals on October 20, 2008.

F. Paperwork
The proposed rulemaking will not increase paperwork and will not create new paperwork
requirements.

G. Fiscal Impact
The proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its
political subdivisions. The proposed rulemaking will impose no new costs on the private sector or the general public.

H. Public Comments
Interested persons are invited to submit written comments, objections or suggestions about
the proposed rulemaking to the Executive Director, Pennsylvania Fish and Boat Commission, P.O.
Box 67000, Harrisburg, PA 17106-7000, within 30 days after publication of this notice in the
Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically by completing the form at
www.fishandboat.com/regcomments. If an acknowledgment of electronic comments is not
received by the sender within 2 working days, the comments should be retransmitted to ensure
receipt. Electronic comments submitted in any other manner will not be accepted.

For the Pennsylvania Fish and Boat Commission
Douglas J. Austen, Ph.D.

Executive Director

Annex A

Regulation No. 48A-209

Title 58. Recreation

Part II. Fish and Boat Commission

Subpart B. Fishing
CHAPTER 61. SEASONS, SIZES AND CREEL LIMITS
§61.2. Delaware River and River Estuary.
* * *
(d) The following seasons, sizes and creel limits apply to the Delaware River, West Branch
Delaware River and to Delaware River tributaries, from the mouths of the tributaries upstream to
the limit of the tidal influence and the Lehigh River from its mouth upstream to the first dam in
Easton, Pennsylvania:
SPECIES SEASONS MINIMUM SIZE DAILY
LIMIT
* * * * * * * * * * * *
STRIPED BASS and HYBRID STRIPED BASS
From Pennsylvania line upstream to Calhoun Street Bridge:
[March 1 until March 31, and June 1 until December 31.]
January 1 until March 31 and June 1 until December 31
April 1 through May 31 20 to 26 inches
From Calhoun Street Bridge upstream: open year-round
28 inches


28 inches

2
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  #2  
Old 01-05-2009, 12:05 AM
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Striperjim Striperjim is offline
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Default Re: Proposed slot limit - striped bass regulations for Delaware River and Estuary

The Key here is this paragraph

Male striped bass are abundant during April and May on the spawning grounds and about 90% are shorter than the 28 inch length limit. Furthermore, very few sub-legal female striped bass are present on the spawning grounds.
***

Is this anectdotal evidence or based on the science?
If it is scientific fact then a 2 fish slot limit makes sense.
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Old 01-07-2009, 07:29 AM
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Mark P Mark P is offline
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Default Re: Proposed slot limit - striped bass regulations for Delaware River and Estuary

That is not my area of the country. But that seems to make sense. It would allow the females to spawn in April and May without pressure. Meanwhile for recreational fisherman the 20-26" regulation will allow a small harvest for those that care to eat fish.

This is all based on the finding being factual of course.
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Old 01-16-2009, 06:12 PM
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Default Re: Proposed slot limit - striped bass regulations for Delaware River and Estuary

State of Delaware News and public hearing


DNREC’s Division of Fish and Wildlife will hold a public hearing 6:30 p.m., Jan. 26 on a proposed amendment to Delaware’s tidal finfish regulation that establishes a new size limit for striped bass caught in tidal Delaware Estuary waterways by recreational anglers during a special two-month season. The hearing will be held in the DNREC auditorium, 89 Kings Highway, Dover.
Delaware’s current regulation requires a minimum size limit of 28 inches for striped bass caught by recreational anglers in all Delaware tidal waters.
The Division of Fish and Wildlife received approval from the Atlantic States Marine Fisheries Commission to establish a special two-month slot limit season during the summer or early fall for tidal Delaware Estuary waterways. The Division established July and August as the special season for striped bass.

The proposed amendment allows recreational anglers in tidal Delaware Estuary waters only – the Delaware Bay, Delaware River and their tidal tributaries – to land two striped bass per day that are between 20 and 26 inches in total length during the July-August special season. During this two-month period, anglers in these areas are required to release any striped bass that are below or above the 20 to 26-inch slot limit.
The proposed amendment does not apply to striped bass caught in Delaware’s Atlantic coastal waters, the Inland Bays and their tributaries, or any waters located in New Jersey or Pennsylvania.
Both the proposed amendments can be found on the state’s web site, or inspected weekdays, 8 a.m. – 4:30 p.m. at DNREC’s Division of Fish and Wildlife offices, 89 Kings Hwy., Dover.
Statements and testimony can be presented either orally or in writing at the public hearing or submitted in writing by 4:30 p.m., Jan. 31 by e-mail to [email protected] or by mail: Lisa Vest, Hearing Officer, Office of the Secretary, DNREC, 89 Kings Hwy., Dover, DE 19901.
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Old 03-06-2009, 08:52 PM
mikemollie mikemollie is offline
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Default Re: Proposed slot limit - striped bass regulations for Delaware River and Estuary- 2009

Hi,
I believe that this proposal has been approved and will take affect April 1, 2009. If it is legal to fish the Delaware and take male Stripers from 20 to 26" in April and May would it be legal to fish the New Jersey side of the Delaware with a PA license and keep the fish as it is legal to fish either side of the river from shore or a boat with either license?
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Old 03-07-2009, 04:04 AM
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Default Re: Proposed slot limit - striped bass regulations for Delaware River and Estuary- 2009

I believe thats a negatory.
The Dnr stated to me in the past on other issues like coreg lines that the rules apply from the port of origin.
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Old 03-10-2009, 09:51 AM
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Default Re: Proposed slot limit - striped bass regulations for Delaware River and Estuary- 2009

2009 in effect

New Striper Regulations. Striped Bass and Hybrid Striped Bass. January 1 till March 31 / June 1 till December 31 (Two fish limit 28 inches or bigger.) April 1 till May 31 (Two fish limit 20 to 26 inches. These regulations are now in effect. From Pennsylvania line upstream to Calhoun Street Bridge. Fishing off the banks on the Pennsylvania side only. Boat fisherman it is good from bank to bank but you have to launch from the Pennsylvania side of the river. From Calhoun Street Bridge upstream open year round two fish limit 28 inches or bigger.
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