SPORT FISH ADVISORY COMMISSION MEETING

Monday, May 15, 2006, 6:00 p.m.

Tawes State Office Building, C-1

 

Commissioners present:

 

Brenda Foster                                      David Dansberger                                 Bill Windley

Dr. Jim Gilford, Chairman                     John Marple                                         Richie Gaines

Diane Baynard                          Jim Smith                                              Ed O’Brien

Bill Carrier

 

Chairman Jim Gilford called the meeting to order at 6:15 p.m.

 

Announcements:

 

Marty Gary, of the Fisheries Service, had several announcements for the Commission:

  • Howard King, Director of the Fisheries Service, was on a well-deserved two-week vacation in the Mediterranean.  He said Mr. King carried his laptop with him and would be checking emails periodically.
  • Commissioner Mark Sampson had called to say that he would be unable to attend tonight’s meeting.
  • A new record setting striped bass had been reported in the Atlantic Division.  The fish, caught in the surf at Assateague, weighed 57 lb. and was 53” inches long.
  • A decision should be made next week on the proposed undersea warfare training range on the Atlantic Coast; another DEIS and rescoping are being proposed.  The Department is trying to get a public meeting with the Navy representative. 
  • There will be an Artificial Reef Planning Session on May 25th at the Eastport Yacht Club at 4:00 p.m.  The plan will be a sport fishing geared plan.  There is a possibility of an evening meeting if several of the stakeholders are unable to attend the afternoon meeting.  Commissioner Ed O’Brien commented that he did not understand why money is being spent on this program again after the Reef Committee looked at it before.  Mr. Gary explained that this process would centralize the program and give control back to DNR.  The Department has asked MES to cease work on any sites until a plan is developed.  Commissioner Bill Windley asked if the Department was ceasing reef ball projects too.  Mr. Gary said that they don’t expect to lose any projects, but are not going forward with any new ones at this point.

 

Handouts:

 

Mr. Gary pointed out that there are a significant number of handouts in the Commissioners’ folders for this meeting.  He said that he would email the recent ASMFC meeting summary.  Commissioner Windley told the Commission that Howard King made a strong statement on menhaden.  He said the Governor planned to continue to work to get Virginia in compliance, or have them found out of compliance.

 

Additions to the Agenda:

 

Steve Early – Mycobacteria workshop

Marty Gary – Diamond Jim fishing tournament

Sherman Baynard – Consideration of opening up the EEZ for striped bass fishing.  (Chairman Gilford told the Commission that NMFS has reopened the scooping for taking striped bass in the EEZ.)

Old Business:

 

Chairman Gilford told Mr. Gary that the Commissioners have not received the yellow perch enforcement agreement with NRP; or have they received the bi-weekly reports to the Governor.  Mr. Gary explained that while there are still yellow perch case cases pending, the Department is reluctant to give the formal policy.  Sergeant Beth McVeigh, of the Natural Resources Police, told the Commission that she was unsure whether the cases have been adjudicated yet and that the Department has not come forward with a formal policy.  Mr. Gary said that Mr. King would sit down with Danny Hughes, NRP, to get this worked out.  Chairman Gilford pointed out that the Commissioners were told that the policy is in effect; does this mean that isn’t the case?  He asked that Mr. King pursue this as soon as he returns.  In regard to the bi-weekly reports, the Department must get State House approval to send these to the Commissioners.

 

Commissioner Diane Baynard said she had asked to have the Seafood Marketing Report put on the agenda, but Gina Hunt, Assistant Director of Policy and Regulatory Programs, said it had already been addressed.  According to the March minutes, that was not the case.  Harley Speir, of the Fisheries Services, explained the Seafood Task Force report and the expected content.  He then asked for four SFAC members to work on their portion of the report.  Chairman Gilford pointed out that he had already given Kenny Keen, Deputy Director of the Fisheries Service, the name of suggested members a couple of months ago; had this just fallen through the cracks?  Commissioners Richie Gaines, Diane Baynard and David Dansberger said they had received emails asking them to serve.  Mr. Speir said that no one had been selected as yet; Mr. Keen will not meet with them until after Labor Day.  Commissioner Dansberger asked that all of the Commissioners be mailed a copy of the Seafood Task Force Marketing report.  It was decided that Commissioners Bill Windley, Diane Baynard, Brenda Foster and Dave Dansberger would be on the report committee.

 

Commissioner O’Brien told the Commission that he remembered a letter that the SFAC sent out years ago against opening up the EEZ to striped bass fishing.  He suggested that the letter be sent again to reiterate the position that the EEZ remain closed.  Chairman Gilford said he would check the archived minutes to see if a letter was indeed sent out.

·        Commissioner O’Brien made a motion that the letter be resent.

·        Commissioner Windley seconded.

·        Motion passed.

 

NRP Update:

 

Sergeant McVeigh gave an update of recent NRP activities of interest to the Commission:

 

The NRP performed saturation patrols in Alleghany County on trout streams.

Oystermen were found oystering in polluted areas.

The NRP performed yellow perch saturation patrols in St. Mary’s County.

In Montgomery County, local residents put up police tape and “no fishing” signs in trout areas to keep other fishermen out.

Oyster saturation patrols were performed in Queen Anne and Worchester Counties.

In Talbot County, search warrants were issued for violation of oyster tax.  Undersized oysters were found, but no violations on taxed paid in the last 5 years were found.

Several citations were given out between 4/1 and 4/15 for taking striped bass out of season.

Saturations patrols were performed in Solomon’s Island for striped bass on 4/23.

In Garrett County, citations were issued for use of bait in a special trout management area.

 

Commissioner O’Brien asked if there were any charter boat violations.  Sgt. McVeigh said that at least three were given in the Solomon’s area.  Commissioner O’Brien commented that the correct measure is to the tip of the tail stretched.  Sgt. McVeigh told him that the NRP officers had been instructed to measure the fish as it lays in it’s natural state.  The law state “tip of the nose to tip of the tail”.  Commissioner O’Brien asked Mr. Gary to provide the NRP with the letter stating how to properly measure.  Chairman Gilford said that this was not the proper forum to discuss this problem; he asked Mr. Gary to have Mr. King come up with a standard way to measure.  Commissisoner Gaines pointed out that instructions for measuring are in the license guidebook.

 

Chairman Gilford asked Sgt. McVeigh if her report could be distributed to the Commissioners.  She told him she would ask her superiors if she were allowed to disseminate that information.

 

Diamond Jim Fishing Tournament:

 

Mr. Gary told the Commission that the tournament was a Development of Marketing initiative.  Last year, a contest was done and it was a successful endeavor.  This year, they decided to bring back “Diamond Jim”, a promotion from the 1950’s, which is a $25,000 tagged fish.  Boater’s World has agreed to take care of the insurance for this fish.  Once a week for 13 weeks, a tagged fish will be released.  Governor Ehrlich has once again agreed to attend the kick-off for this tournament, which is scheduled for Friday, June 2nd at 10:00 a.m.  During the 13 weeks, every county in Maryland will have tagged fish; catching one of these fish will make the angler eligible to win prizes.  This year’s prizes are a $43,000 fishing boat; one of two Toyota Takoma trucks and a freshwater fishing boat from Bass Pro Shops.  There is also a 1 in 62 chance to win $1 million dollars.  National Brewery is sponsoring a safe boating component and allowing the Department to use artwork from the 1950’s tournament.  They will also put the Diamond Jim artwork on 63,000 cases of National Bohemian beer.

The Commissioners applauded the Fisheries Service personnel for the excellent job they have done on this tournament.

 

Mycobacteria Workshop:

 

Steve Early, Assistant Director of the Cooperative Oxford Lab (COL), gave the Commission a summary of the workshop he attended.  The COL sponsored this workshop to coordinate research that is being done; 15 agencies/groups were represented.  Mr. Early told the group that basically there is little known about mycobacteria.  It is exhibited by a progressive deterioration, or “wasting”.  The fish loses its organ function and immune system while fighting the disease.  Scientists are unsure how the fish get the disease, or if it is passed directly fish to fish.  The disease exists along the coast at the rate of 2% to 20%; there is evidence that mycobacterium have been around for a long time.  Researchers at COL are doing nutritional studies to determine if nutrition has a correlation with susceptibility to the disease.  Maryland Public Television is doing a program at COL on mycobacteria; Mr. Early feels that his staff members are the right people to be interviewed on this problem.

Chairman Gilford asked if there is any attempt to come out with a unified statement on the conditions.  Linda Barker, Fisheries Service, who also attended the workshop, told Dr. Gilford that the last day was spent wordsmithing the final statement.

A short discussion followed; Mr. Early told the Commissioners that they are benchmarking the percentage of infection to see if it is rising, or falling; that it is found in some form in all year classes of striped bass and that human infection is rare, but fishermen should practice common sense in the handling of striped bass.

 

 

Magnuson-Stevens Reauthorization:

 

Mr. Gary Asked if there were any questions about the document provided to the Commissioners before the meeting.  There were none.

 

Recreational Crabbing/TFAC Concerns:

 

This topic was originally scheduled for the cancelled April meeting.  Mr. Gary explained the origin at the January TFAC meeting:  TFAC Commissioner J.R. Gross brought up the topic in respect to competition between commercial and recreational crabbers for space.  A motion was made, and passed, “that the Department look into a cap on the number of licenses sold, and in raising the price of the non-resident recreational crab licenses.”  At the March TFAC meeting, “Gina Hunt, Assistant Director of Legislative and Regulatory Programs, discussed the motion made in the January TFAC meeting to cap the number of recreational crab licenses sold and to increase non-residence fees.  Mrs. Hunt explained that although the license is in regulation and is subject to change by the Department, there are functional problems in doing that.  The current license system, COIN, is not equipped to isolate the individual license holders.  Some of the crabbing licenses are included in other licenses, such as the $40 boat decal, and are not put into the system as individual crab licenses.  This license is the same for both residents and non-residents.  The Department cannot legally establish a fee that is unfair to non-residents; when these are changed, they are usually reciprocal fees.” (Excerpt from the March TFAC meeting minutes.)

Harley Speir explained to the Commissioners that most of the complaints were coming in from heavily used waters and this is a problem that is not easily solved.  The Department is not moving forward on anything at this point.

Commissioner Windley told the Commission that he would find anything against recreational crabbers unacceptable.  Commissioner Baynard feels that the TFAC will not let this issue go; but she feels that the Department has done everything the Commission has asked in this instance.

Chairman Gilford said he thinks the SFAC should not take a stand at this time, but wait to see if the TFAC continues to push the issue.

 

Susquehanna Flats C & R Review:

 

Mr. Gary said that the Department had received some data from the MSSA chapters to review.  The extension of the season was dependent upon the water temperature remaining below 65°.  The NRP collected data daily at the Amtrak Bridge and Turkey Point; he gave the Commissioners a handout of graphs of the daily water temperature.  The water temperature did reach 65°, so the season ended as scheduled this year.  The NRP continued to take water temperature after the closing, and data shows that it did go back down.  Commissioner Windley commented that this spring is probably one of the warmest we’ll see in this area and asked that the Department do the same thing next year and take date over several years.  He also added that there was 100% compliance in circle hooks on the Flats.  Commissioner Richie Gaines commended the Fisheries staff for doing a great job of monitoring the temperature this year.  He said this year’s catch and release season on the Flats was the best since the 1998 and 1999 seasons.  Mr. Gary assured the Commission that he would make certain the NRP officer who was responsible for monitoring the water temperature gets proper commendation.

 

 

Circle Hooks:

 

Commissioner Bill Windley told the Commission that for two years straight, there has been no infractions of the circle hook requirement during the striped bass catch and release season on the Flats.  He suggested that the Department look at potential mortality savings in other fisheries; Rudy Lucakovic’s work could be a source of information.  Harley Speir said the ASMFC put out a circle hook study; it seems to be a coming thing in fisheries.

Chairman Gilford asked the Department to look at what can be done in getting data on circle hooks in the entire striped bass fishery.  Commissioner O’Brien said the Charter Boat Association would be consistent in their disagreement with any regulation requiring circle hooks.  Chairman Gilford suggested the Department would need some measure of effectiveness and also, would need to acknowledge people’s desire to catch fish on charter boats.  Commissioner Gaines felt the path the Department should take would be to promote the voluntary use of circle hooks.  Information on the proper use could be provided in the License Guide Book.

Chairman Mike Critzer thanked the Fisheries staff for efforts made in making adjustments in the Upper Bay and the Susquehanna Flats fisheries this year.

 

2007 – 2008 Sport Fishing Guidebook:

 

The Commissioners were given a copy of the new guidebook that came out in April.  Chairman Gilford expressed the sentiments of the entire Commission when he told Mr. Gary that the guidebook should come out at the first of the year; the Department is doing anglers a great injustice by not making the book available when license sales begin.  Mr. Gary admitted that the procurement process failed miserably this year; the Department expects next year to go more smoothly and the books should arrive from the printer on March 1st.  The book will be ready for to go to press as soon as the new regulations are approved by the legislature.  Commissioner Windley observed that Wildlife has the same problem with hunting regulations, but they manage to have their guide available as soon as licenses go on sale.  An addendum is issued after all new regulations are made.  It was suggested by several Commissioners that Fisheries should follow the same process.  Mr. Gary took note of the opinions of the Commission.

 

Inland Update:

 

Brook trout management plan:

Don Cosden, Chief of Operations for Inland Fisheries, told the Commissioners that the Brook Trout Management Plan is still in draft form, but he wanted to present it to the Commission before finalizing it.  He, then, introduced Alan Heft, the principal author of the plan who gave a power point presentation to the group.  He explained that although brook trout are not listed as one of the species mandated by the Legislature to have a plan, Inland Fisheries wanted to pattern a plan after the ones done for tidal species.  Brook trout are the only native trout species in Maryland.  Urbanization is one of the biggest problems for brook trout; in areas over 5% impervious surface (rooftops, roads, etc.) no brook trout are found.  Currently, brook trout are found in 9 counties in over 400 stream miles; half of these miles are found in Garrett County.

The draft plan has gone out for in-house (Inland) review; it should be ready to go to other DNR units by June 1st.  They expect to go to the public by July 1, 2006.

Chairman Gilford felt that the SFAC should not be one of the last to hear of projects like this.  He feels it would be beneficial to the Department to enlist the help of SFAC from the beginning.  Mr. Cosden said he would take the criticism seriously and will try not to overlook the SFAC resource on future projects.

 

2006 Regulations Proposals:

Mr. Cosden told the Commission that 2 public hearings had already been held in Western Maryland and one was being held that night in Central Maryland.  Two other hearings on May 16th and 17th will be held in Southern Maryland and on the Eastern Shore. He then went through a handout of the proposed regulations.

One proposed change, removal of the Delayed Harvest Trout Fishing designation from the upper Savage River in Garrett County from Poplar Lick upstream to Merrill’s Bridge at Westernport Road and to be replaced by a Brook Trout Management Area that will also cover all tributary streams to the Savage River upstream of the Savage Reservoir dam spurred much discussion.  This change would include a zero harvest of brook trout and artificial lures and flies only.  Most of the Commissioners felt that this was a management issue that was long overdue for such a unique resource; a dedicated management area for the brook trout is a good idea.

Jim Gracie, a visitor to the meeting, asked to speak.  He told the Commission that he was one of the Trout Unlimited members that proposed the Delayed Harvest area because the Upper Savage is the only stream in Maryland that experiences the entire mayfly series to bring the fish to feed.  The delayed harvest has been in effect for two years and has become very popular; he would like to see this continue.  He feels that water temperature and low flows are the problem, and the Department should enlist the help of landowners in restoration of riparian waterfronts to help regulate water temperatures.  He cited two studies, one from the Eastern Brook Trout Joint Venture, the other from Southern Division of Brook Trout, neither of which mentioned harvest as one of the threats to brook trout.  He asked that the Department delay any changes for a year to allow more data to be collected.  Mr. Cosden told him that they had not received an overwhelming response against this proposal; even Trout Unlimited voted to support it.

Commissioner Windley felt that the proposal was a rushed decision; one that the SFAC should not support.  Chairman Gilford disagreed and pointed out that the decision was not rushed, they were just late in informing the SFAC.  He felt that the value the Fisheries staff puts on that unique watershed is worthwhile supporting through this proposal.  The premise is to save what you have in the first place; the catch and release area could be moved to accommodate anglers.

Commissioners Bill Carrier, Mike Critzer, Dave Dansberger, Richie Gaines and Brenda Foster all suggested that the Department consider a compromise of sorts.  Some of the suggestions were:

1.      Consider the proposal without the zero harvest and no bait restrictions.

2.      Leave the two brook trout per day limit with the bait restriction.

3.      Implement zero harvest on state land now; give landowners another year before implementing the proposal on their land.

4.      Reduce the creel limit to one brook trout per day.

Commissioner Foster asked if these issued can be delayed.  Mr. Cosden told her that these are not proposed regulations, but ideas put out to get public feedback.

Chairman Gilford asked Mr. Cosden to put Jim Gracie’s statement into the record at the public hearing.

 

Inland Marketing Update:

 

Commissioner Brenda Foster said the committee is moving forward on a marketing plan and will present it at length at the next meeting.  (Scheduled for September, 2006)

 

Legislation Regulations Update:

 

Harley Speir gave a handout of 2006 Fisheries Regulations.  The entire Legislative wrap-up can be found online.

 

Non-Native Nuisance Species:

Sarah Widman, of the Fisheries Service, gave the Commission a power point presentation that she presented to the April TFAC meeting.  The purpose of this regulation is to control the importation, possession, propagation, purchase, sale or introduction into State waters of certain non native aquatic organisms.  Also, to control transport of certain nonnative species that have been introduced into State waters and provide a threat to the aquatic ecosystem or productivity of State waters.  She gave several definitions that will help define these species: 1)  Native means any species that was present in State waters in 1500; 2) Naturalized means not native, but has adapted to and thrived in State waters for more than 50 years; 3) Nonnative means any species not native or naturalized; 4) Nuisance organism is a nonnative aquatic organism that will foreseeably alter and threaten to harm the ecosystem or the abundance and diversity of native, or naturalized, aquatic organisms and 5) Transport means to move a nonnative aquatic organism from one body of water within the State to another body of water within the State.

Commissioner Dave Dansberger asked Mrs. Widman about the punishment for infractions.  She told him that punishment will be addressed in the Fines and Bonds Table negotiated with NRP.

Commissioner Windley commended the staff; he feels the regulation was well put together, especially the way the species are classified.

 

New Business:

 

Chairman Gilford told the Commission that Guy Tureen, a former SFAC Commissioner, is retiring and asked the Department to acknowledge his contributions to the SFAC.

 

Mr. Gary asked if the Commission wanted to meet during the summer, or schedule the next meeting for September.  Chairman Gilford asked the Commissioners to reserve the third Monday of each month for potential meetings.  Should some subject for discussion arises, he asked Mr. Gary to give the Commission two weeks notice that a meeting would be scheduled.

 

The meeting was adjourned at 9:20 p.m.