Meeting of the Tidal Fisheries Advisory Commission Summary ... … · Tawes State Office Building – 580 Taylor Avenue – Annapolis, Maryland 21401 410-260-8DNR or toll free in

Tawes State Office Building – 580 Taylor Avenue – Annapolis, Maryland 21401 410-260-8DNR or toll free in Maryland 877-620-8DNR – dnr.maryland.gov – TTY Users Call via the Maryland Relay

Meeting of the Tidal Fisheries Advisory Commission October 24, 2019

Department of Natural Resources Tawes Office Building C-1 Conference Room

580 Taylor Ave Annapolis, MD 21403

Summary of Actions and Motions

Commissioners in Attendance: Chair Steve Lay, Vice-Chair Moochie Gilmer (via phone), Anthony Jones, Bill Sieling, Robert T. Brown, Ken Jeffries, Buddy Carson, David M. Sutherland, James Lynch, William Scerbo, Bubby Powley, Sonny Gwin, Gale Sindorf, William Troy Wilkens, Russell Dize, J.D. Blackwell. Commissioners Absent and Not Represented: none. Department of Natural Resources Staff Attending: Michael Luisi, Jodi Baxter, Lt. Roy Rafter, Sgt. Tyler, George O’Donnell, Genine McClair, Sarah Widman, Paul Genovese, Bill Anderson, Col. Adrian Baker, Lynn Fegley. Members of the Public Attending/Presenting: Mike Sadler, Joey Sadler, Rachel Dean, Simon Dean, Randy Dean, Brian Hardman, Charlie Sisson, Bobby Whaples and eight individuals who did not sign in. Action Items: • Commissioner Gilmer request the department add gizzard shad to list of allowable species harvested by haul

seine. • Jodi Baxter from the department will administer to the Oyster Industry Workgroup, commissioner Troy

Wilkens will report out to the commission on future meetings. Motions: • Commission approves July 25 meeting summary. Motion by Moochie Gilmer, seconded by Russell Dize.

Vote: Favor: 15, Against: 0, Abstained: 0 • Commission approves 2020 meeting dates and times. Motion by Troy Wilkins, seconded by Robert T.

Brown. Vote: Favor: 15, Against: 0, Abstained: 0 • Commission request the department provide separate sector quota data for both charter boats and

recreation, back to 1990 or what is possible. Motion by Ken Jeffries, seconded by Bill Scerbo. Vote: Favor: 13, Against: 0, Abstained: 2.

• Motion to form an oyster industry workgroup similar to other workgroups formed by the TFAC. Body to be composed of eleven chairmen of the county oyster committees and also an oyster buyer. Motion by Troy Wilkens, seconded by Bill Sieling. Vote: Favor: 13, Against: 0, Abstained: 0

• Motion to accept all four actions and one motion brought to the commission by the Striped Bass Workgroup. Motion by Robert T. Brown, seconded by Buddy Carson. Vote: Favor: 14, Against: 0, Abstained: 0

Striped Bass Workgroup Actions/Motions brought to the commission.

o ACTION: Scope regulations to permanently allow Haul Seine in December. o ACTION: Scope regulations to permanently allow Hook and Line in December. o ACTION: Open all Saturdays and Sundays to Gill Net fishing in December by public notice for

2019, and then scope a regulation change if there are no user conflicts or concerns during this trial period.

o ACTION: Scope a regulation change to open Saturdays and Sundays to gill netting in January and February.

o Motion: Modify regulations from licensee to permittee to allow for the transfer of permit/quota while the license is temporarily transferred away. Made by Rachel Dean, seconded by Dale Kirkendall. – Motion Carried Unanimously.

o ACTION: Department will scope this regulation change. • Striped Bass Workgroup request flexible hours added to hook & line work hours (1 hour before sunrise and

1 hour after sunset). Motion by Buddy Carson and seconded by Moochie Glimer. Vote: Favor: 14, Against: 0, Abstained: 1.

• Motion to recommend the department revise regulatory language to read: In the Patuxent River Patent Tongs may not be used north of a line at Sotterly Wharf, defined by Lat. 38°22.728’ N, Long. 76°32.003’ W; then running 77° True to a point near St Leonard’s Creek Beacon, defined by Lat. 38° 23.065’ N, Long. 76°30.177’ W; then running 77° True to a point on the shore, defined by Lat. 38° 23.128’ N, Long. 76°29.826’ W. Motion by Robert T. Brown, seconded by Russell Dize. Vote: Favor: 14, Against: 0, Abstained: 1.

Next Meeting Date: • January 23, 2019 in conference room C-1 of the Tawes Building in Annapolis from 2:00 p.m.-5:00 p.m.

Page 1 of 3

Fishing and Boating Services Regulatory and Penalty Update

Dates Covered: 10/12/2019 to 1/14/2020

Public Notices Issued View Public Notices at http://dnr.maryland.gov/Fisheries/Pages/Pub_Notices.aspx

Black Sea Bass

o 2020 Recreational Black Sea Bass Fishery — Effective 1/1/2020 — Posted on website

12/20/2019

Cobia

o 2020 Recreational Cobia Fishery — Effective 1/1/2020 — Posted on website

12/11/2019

Shark

o 2019 Commercial Shark Catch Limits — Effective 10/21/2019 — Posted on website

10/8/2019

o 2020 Commercial Shark Catch Limits — Effective 1/1/2020 — Posted on website

12/23/2020

Shellfish Aquaculture

o Application for Shellfish Aquaculture Lease — Scott Budden — Queen Anne’s County

— Posted on website 10/16/2019

o Application for Shellfish Aquaculture Lease — William Pfeiffer — Calvert County —

Posted on website 11/7/2019

o Application for Shellfish Aquaculture Lease — William Pfeiffer — Charles County —


o Application for Shellfish Aquaculture Lease – The Tall Timbers Development

Company, Inc., Frederick A. Meatyard, III and Frederick A. Meatyard, IV — St.

Mary’s County — Posted on website 11/7/2019

o Public Information Session on Proposed Shellfish Aquaculture Lease – Joshua Buckler

and Holly Buckler — St. Mary’s County — Posted on website 11/21/2019

o Application for Shellfish Aquaculture Lease — Cretsinger — St. Mary’s County —


Shellfish (Oysters & Clams)

o Partial Opening of Swan Point Oyster Bar (Kent County) — Effective 11/25/20 —

Posted on Website 11/21/2019

o Closure of Upper Chesapeake Bay to Oyster Harvest — Effective 11/25/2019 — Posted

on Website 11/21/2019

o Evans Harvest Reserve Area (Somerset County) — Effective 1/2/2020 — Posted on

website 12/9/2019

o Partial Opening of Hells Delight Oyster Bar (Queen Anne’s County) — Effective

12/16/2019 — Posted on website 12/12/2019

o Partial Opening of Piney Point Oyster Bar (Queen Anne’s County) — Effective


o Partial Opening of Durdin Oyster Bar (Kent County) — Effective 1/6/2020 — Posted

on website 12/12/2019

o Closure of Upper Chesapeake Bay to Oyster Harvest — Effective 12/16/2019 — Posted

on website 12/12/2019

http://dnr.maryland.gov/Fisheries/Pages/Pub_Notices.aspx

Page 2 of 3

Striped Bass

o Commercial Striped Bass Chesapeake Bay Individual Transferable Quota Season

Modification — Effective 12/1/2019 — Posted on website 11/27/2019

o Commercial Striped Bass Common Pool Gill Net Season Modification — Effective


o 2020 Chesapeake Bay Commercial Striped Bass Permanent Transfer Rules — Effective


o 2020 Atlantic Ocean Commercial Striped Bass Transfer Rules — Effective 1/11/2020

— Posted on website 1/8/2020

o 2020 Chesapeake Bay Commercial Striped Bass Temporary Transfer Rules —

Effective 1/11/2020 — Posted on website 1/8/2020

Summer Flounder

o 2020 Summer Flounder Fishery — Effective 1/1/2020 — Posted on website 12/20/2019

Tautog

o 2020 Recreational and Commercial Tautog Fishery — Effective 1/7/2020 — Posted on

website 1/3/2020

Regulations that became Effective View Regulatory Actions at http://dnr.maryland.gov/fisheries/Pages/regulations/changes.aspx Fishery Management Plans — COMAR 08.02.01.01 — Effective 11/4/19 — Incorporates

“Amendment 1 to the 2002 Maryland Tidewater Yellow Perch Fishery Management Plan”

into regulation. The plan revises the objectives, incorporates the status of the stock, and

presents the current management approach.

Yellow Perch — COMAR 08.02.21.03 — Effective 11/4/19 — Clarifies coordinates

Fishing in Nontidal Waters — COMAR 08.02.11.01, .03, and .04 — Effective 11/4/19 —

increases the possession limit to twice the daily creel limit for trout species in certain areas,

clarifies the description for the Fishing Creek put-and-take trout fishing area, and includes

all nontidal impoundments as areas where an angler may keep a striped bass.

Monofilament Gill Nets — COMAR 08.02.05.02 — Effective 11/18/19 — Allows the use

of monofilament gill net material in the Chesapeake Bay.

Black Drum — COMAR 08.02.05.15 — Effective 12/30/19 — Re-establishes the minimum

size of 16 inches for the Atlantic Ocean commercial fishery.

Commercial License Targets — COMAR 08.02.01.05 — Effective 1/27/20 — Updates to

the commercial license targets based on license conversions.

Regulations that have been Proposed and are Following the APA Process View Maryland Register at http://www.dsd.state.md.us/MDR/mdregister.html

View Regulatory Actions at http://dnr.maryland.gov/fisheries/Pages/regulations/changes.aspx

Striped Bass — 08.02.05.02; 08.02.15.01, .03, .08, .09, .10, .12; 08.02.25.03 Maryland Register 12/20/19, Comment Period Ends 1/21/20, Scheduled Effective 2/24/20

Extends circle hooks, minimum size, and seasons that were in place for 2018/2019;

prohibits targeting/catch and release during March and April; delays the start of the trophy

season; and reorganizes and corrects references.

Horseshoe Crabs — 08.02.10.01

Maryland Register 1/3/20, Comment Period Ends 2/3/20, Scheduled Effective 3/9/20

Removes requirement for catch limit to be printed on the permit

http://dnr.maryland.gov/fisheries/Pages/regulations/changes.aspx

http://www.dsd.state.md.us/MDR/mdregister.html

http://dnr.maryland.gov/fisheries/Pages/regulations/changes.aspx

Page 3 of 3

Out of State Finfish Supplier — 08.02.01.16


Removes requirement that an application needs to be submitted at least 45 days in advance

of needing the permit.

Charter License Decals — 08.02.01.07


Updates rules based on legislation that allows additional guides to buy the charter decal.

Black Sea Bass — 08.02.05.21


Updates gear requirements to be consistent with ASMFC.

Penalty System — 08.02.13


Updates to commercial, recreational and dealer penalties based on the penalty workgroup

recommendations and regulatory/statutory changes (2017, 2018, and 2019).

Fyke Nets — 08.02.25.09


Establishes a requirement to remove poles within 30 days of removing the net; moves all

rules for fyke nets into one location.

Oysters — PSFAs — 08.02.04.17


Declassifies five PSFAs to allow for shellfish aquaculture; fixes coordinates for PSFA 119

to include a buffer area for the leased area.

Submerged Aquatic Vegetation — 08.02.01.12


Updates SAV protection zones.

Emergency Regulations in Effect None

Aquaculture and Commercial Fishing Suspension and Revocation List View List at

http://dnr.maryland.gov/fisheries/Documents/Commercial_SuspensionsRevocations.pdf

Last updated 12/23/2019 — List is provided in a separate document.

Recreational Fishing Suspension and Revocation List View List at http://dnr.maryland.gov/fisheries/Documents/RecSuspensions.pdf

Last updated 1/1/2020 — List is provided in a separate document.

http://dnr.maryland.gov/fisheries/Documents/Commercial_SuspensionsRevocations.pdf

http://dnr.maryland.gov/fisheries/Documents/RecSuspensions.pdf

1 12/23/19

Department of Natural Resources Commercial Fishing Suspensions/Revocations and Aquaculture Suspensions

12/23/19

This list is updated frequently. If you have any questions about a suspension or revocation please contact Cynthia Goshorn at 410-260-2402 OR Karla Schaffer at 410-260-8608.

COMMERCIAL SUSPENSIONS Timothy C. Adams – Entitlement to Engage in Commercial Fishing Activities Suspended

o Prohibited from engaging in ANY commercial fishing activities during the following period: 1/1/20 – 12/30/20.

William C. Catlin, Jr. – Entitlement to Engage in Commercial Fishing Activities Suspended

o Prohibited from engaging in ANY commercial fishing activities effective 7/6/19. William C. Catlin, Sr. – Tidal Fish License # 5265 Suspended


Alex M. Cole – Entitlement to Engage in Commercial Fishing Activities Suspended


Robert L. Copsey – Tidal Fish License # 97199 Suspended


John S. Evans – Tidal Fish License # 2864 Suspended


Heather V. Fuentes – Entitlement to Engage in Commercial Fishing Activities Suspended


Hans E. Kuntze, Sr. – Tidal Fish License # 65536 Suspended

o Prohibited from engaging in ANY commercial fishing activities during the following periods: 4/1/17 – 3/31/18; 10/1/18 – 3/31/19 and 10/1/19 – 3/31/20.

Robert L. Lumpkins – Tidal Fish License # 352 Suspended


Edmund L. Shockley – Entitlement to Engage in Commercial Fishing Activities Suspended


2 12/23/19

COMMERCIAL REVOCATIONS Adam R. Antes – Tidal Fish License # 15887 Revoked

o Effective: 1/15/16 o Permanently prohibited from engaging in ANY commercial fishing activities.

Ryan A. Bailey – Tidal Fish License # 16421 Revoked


Richard M. Barnes, Jr. –

Tidal Fish License # 88521 Revoked o Effective: 10/1/18 o Permanently prohibited from engaging in ANY commercial fishing activities.

Oyster Authorization/ Entitlement Revoked under TFL # 88521 Revoked o Effective: 6/18/18 o Permanently prohibited from engaging in the commercial harvest of wild oysters

in Maryland. Jerry L. Bloodsworth, Sr. – Oyster Authorization/ Entitlement Revoked under TFL # 7831 Revoked

o Effective: 2/13/18 o Permanently prohibited from engaging in the commercial harvest of wild oysters in

Maryland. Matthew J. Booze – Oyster Authorization/ Entitlement Revoked


Maryland. Harvey T. Bowers – Oyster Authorization/ Entitlement under TFL # 77003 Revoked


Maryland. Alan D. Bozman – Oyster Authorization/ Entitlement under TFL # 7820 Revoked


Maryland. Benjamin S. Byers – Oyster Authorization/ Entitlement Revoked


Maryland. o May not possess an Unlimited TFL during ANY oyster season (October 1st - March

31st).

3 12/23/19

Vaughn E. Collins, Jr. – Oyster Authorization/ Entitlement Revoked under TFL # 15290 Revoked o Effective: 4/23/18 o Permanently prohibited from engaging in the commercial harvest of wild oysters in

Maryland. Jeffrey S. Cummings, Sr. – Tidal Fish License # 825 Revoked


James A. Faulkner, Jr. – Oyster Authorization/Entitlement under TFL # 2502 Revoked


Maryland. Walter W. Fields – Oyster Authorization/ Entitlement Revoked


Maryland. Richard N. Fluharty – Oyster Authorization/Entitlement under TFL # 1061 Revoked


Maryland. John L.W. Griffith – Oyster Authorization/Entitlement under TFL # 2756 Revoked


Maryland. Edward E. Grimes, Jr. – Oyster Authorization/Entitlement under TFL # 16426 Revoked


Maryland. Daniel F. Haddaway – Oyster Authorization/Entitlement under TFL # 60633 Revoked


Maryland. George M. Hayden – Oyster Authorization/Entitlement under TFL # 21953 Revoked


Maryland. Jody D. Jackson – Authorizations/Entitlements Revoked


4 12/23/19

Joseph B. Janda, Jr. – Tidal Fish License # 5580 Revoked o Effective: 5/8/13 o Permanently prohibited from engaging in ANY commercial fishing activities.

Vance J. Kazmaier – Authorizations/Entitlements Revoked


Hans E. Kuntze, Sr. – Oyster Authorization/Entitlement under TFL # 65536 Revoked


Maryland.

William J. Lednum – Striped Bass Permit/Entitlement under TFL # 3936 Revoked o Effective: 6/23/16 o Permanently prohibited from engaging in all aspects of the commercial harvest of

striped bass in Maryland. Edward B. Lowery, Jr. – Oyster Authorization/Entitlement under TFL # 69618 Revoked


Maryland. Franklin W. Marshall, Jr. – Authorizations/Entitlements Revoked


Christopher L. Marvel – Oyster Authorization/Entitlement under TFL # 3157 Revoked


Maryland. Roy W. Meredith, Jr. – Oyster Authorization/Entitlement under TFL # 21028 Revoked


Maryland. Bryan J. Mister – Oyster Authorization/Entitlement under TFL # 793 Revoked


Maryland.

5 12/23/19

Bartlett W. Murphy, Jr – Tidal Fish License # 17631 Revoked


Oyster Authorization/Entitlement under TFL #17631 Revoked o Effective: 6/10/16 o Permanently prohibited from engaging in the commercial harvest of wild oysters

in Maryland. Andrew P. Nelson – Oyster Authorization/ Entitlement Revoked

o Effective: 8/4/16 (set in District Court) o Permanently prohibited from engaging in the commercial harvest of wild oysters in

Maryland. James P. Nelson –


Oyster Authorization/Entitlement under TFL # 271 Revoked o Effective: 11/5/15 (set in District Court) o Permanently prohibited from engaging in the commercial harvest of wild oysters in

Maryland. Robert S. Nelson, Jr. – Oyster Authorization/Entitlement under TFL # 3601 Revoked


Maryland. Richard D. Nordhoff – Oyster Authorization/ Entitlement under TFL # 933 Revoked


Maryland.

Thomas W. Pannebaker – Authorizations/Entitlements Revoked o Effective: 1/8/03 (set in District Court) o Prohibited from engaging in ANY commercial OR recreational fishing activities.

David B. Phillips, Sr. – Oyster Authorization/ Entitlement under TFL # 67365 Revoked


Maryland. Randall W. Plummer – Authorizations/Entitlements Revoked


6 12/23/19

Adam V. Reihl – Oyster Authorization/ Entitlement Revoked o Effective: 10/1/15 o Permanently prohibited from engaging in the commercial harvest of wild oysters in

Maryland. o Prohibited from obtaining a tidal fish license from 10/1/15 through and including

10/1/20. Benjamin L. Reihl – Authorizations/Entitlements Revoked


William L. Reihl, Sr. – Oyster Authorization/ Entitlement under TFL # 16430 Revoked


Maryland. Todd H. Ruark –


Oyster Authorization/Entitlement under TFL # 20008 Revoked o Effective: 3/9/17 o Permanently prohibited from engaging in the commercial harvest of wild oysters

in Maryland. Kent C. Sadler – Oyster Authorization/Entitlement under TFL # 826 Revoked


Maryland. Zachary W. Seaman – Tidal Fish License # 3828 Revoked


EXCEPT he may deal blue crabs. John E. Smith, IV – Authorizations/Entitlements Revoked


Mark N. Sneade – Authorizations/Entitlements Revoked


Michael David Sterling – Oyster Authorization/Entitlement under TFL # 3145 Revoked


Maryland.

7 12/23/19

Kevin S. Tarleton, Jr. – Authorizations/Entitlements Revoked o Effective: 10/28/16 o Permanently prohibited from engaging in ANY commercial fishing activities.

Kevin S. Tarleton, Sr. – Oyster Authorization/Entitlement under TFL # 97706 Revoked


Maryland. Joshua T. Tieder – Tidal Fish License # 12531 Revoked


Paul F. Tyler III –

Authorizations/Entitlements Revoked o Effective: 12/12/17 o Permanently prohibited from engaging in ANY commercial fishing activities.

Oyster Authorization/ Entitlement under TFL #16421 Revoked o Effective: 4/11/16 o Permanently prohibited from engaging in the commercial harvest of wild oysters

in Maryland. Vaughn A. Watson, Sr. – Oyster Authorization/Entitlement under TFL # 99210 Revoked


Maryland. Ronald F. Welch – Oyster Authorization/Entitlement under TFL # 16727 Revoked


Maryland. David T. Wheatley, II – Oyster Authorization/Entitlement under TFL # 92759 Revoked


Maryland. David T. Wheatley, Sr. –

Authorizations/Entitlements Revoked o Effective: 10/1/18 o Permanently prohibited from engaging in ANY commercial fishing activities.

Oyster Authorization/ Entitlement Revoked o Effective: 3/23/18 o Permanently prohibited from engaging in the commercial harvest of wild oysters

in Maryland.

8 12/23/19

Earl D. Willey – Authorizations/Entitlements Revoked o Effective: 1/29/18 o Permanently prohibited from engaging in ANY commercial fishing activities.

AQUACULTURE SUSPENSIONS Robert L. Lumpkins – Shellfish Aquaculture Harvester Permit Suspended

o Prohibited from engaging in ANY shellfish aquaculture activities during the following period: 1/30/20 – 3/29/20.

Tremayne L. Rogers – Shellfish Aquaculture Harvester Permit Suspended

o Prohibited from engaging in ANY shellfish aquaculture activities during the following period: 1/1/20 – 12/30/20.

Name SpeciesSuspension Start Date

Suspension End Date Suspended From

ADAMS, TIMOTHY CHARLES CRABS 01/01/20 12/30/20 CrabbingACOSTA, J. UBALDO STRIPED BASS 01/21/20 01/19/22 FishingALEGRIA PARADA, ERIK RICARDO STRIPED BASS 12/17/18 03/15/20 FishingALEMAN CARRANZA, JOSE WILFREDO STRIPED BASS 04/09/18 04/07/20 Fishing

ALFARO, JORGE ALBERTO OSEGUEDA

FISHING SUSPENDED LICENSE 03/01/19 02/28/20 Fishing

ALVARADO, RICARDO ALBERTO CANIZALEZ

FISHING SUSPENDED LICENSE 05/27/16 05/24/22 Fishing

ALVARENGA GRANADOS, ELMER EZEQUIEL STRIPED BASS 01/15/18 01/13/21 FishingALVARENGA, CRUZ MEDRANO STRIPED BASS 04/09/18 04/07/20 FishingALVAREZ FLORES, JOSE F STRIPED BASS 05/12/19 08/08/20 FishingALVAREZ, GUZMAN ALEXANDER STRIPED BASS 03/11/19 06/07/20 FishingALVAREZ, NERIS MAURICIO GEAR 01/21/20 04/19/20 FishingAMAYA, PABLO ZELAYA STRIPED BASS 03/01/19 02/27/21 Fishing

ANDERSON, RUSSELL ALLEN STRIPED BASS 12/17/18 03/15/20 FishingANHER, MUHIBUL H. STRIPED BASS 09/30/19 03/27/20 FishingAPARICIO AUDINO, ORLANDO BLADIMIR STRIPED BASS 10/21/19 10/19/20 FishingARAGON, FRANCISCO JAVIER BLACK DRUM 02/11/19 05/10/20 FishingAREVALO, MISAEL ANTONIO MENDEZ STRIPED BASS 01/15/18 01/13/22 Fishing

BAKER, KYLE JOSHUAAREA RESTRICTION 09/01/19 02/27/20 Fishing

BARAHONA-CRUZ, MARIA YOHANA STRIPED BASS 01/15/18 01/13/21 Fishing

BARAHONA-CRUZ, MARVEL E STRIPED BASS 01/15/18 01/13/21 FishingBARILLAS MONZON, LORENZO ESTUAR STRIPED BASS 03/11/19 03/09/21 FishingBAQUEDANO, ULICES ROLDAN STRIPED BASS 04/22/19 04/20/20 FishingBAUTISTA, GRACIANO STRIPED BASS 08/05/19 01/30/21 FishingBENITEZ, JOSE CRUZ OYSTERS 01/21/20 07/18/20 FishingBONILLA MALDONADO, ROMMEL FABRC STRIPED BASS 02/11/19 05/10/20 Fishing

Department of Natural Resources Recreational Fishing and Crabbing Suspensions

Revised 1-21-20

BONILLA MARTINEZ, GEOVANNI FRAN

SMALLMOUTH BASS 10/21/19 04/17/20 Fishing

BONILLA PORTILLO, HARVIN JHONAT

GEAR, STRIPED BASS 10/21/19 07/16/20 Fishing

BONILLA SALAMANCA, ADRIAN I STRIPED BASS 11/19/18 05/16/20 FishingBORJAS, SELVIN JAVIER STRIPED BASS 06/15/18 06/13/20 FishingBUCEVICIUS, CHRISTOPHER ANTHONY STRIPED BASS 01/21/20 04/19/20 FishingBUESO, WILMER RAMOS STRIPED BASS 01/21/20 07/18/21 FishingCAB TOX, CARLOS STRIPED BASS 12/17/18 12/15/20 FishingCABRERA SUCHITE, JOSE GUILLERMO STRIPED BASS 10/01/18 03/28/20 FishingCALLAHAN, THOMAS NEIL IV RIVER HERRING 09/30/19 09/28/20 Fishing

CANALES ALVAREZ, LUCAS E STRIPED BASS 12/17/18 12/15/21 FishingCANJURA MORALES, MAURO GERARDO STRIPED BASS 01/15/18 01/13/21 FishingCARDONA-SAGASTUME, GABRIEL A STRIPED BASS 02/11/19 02/10/20 FishingCASTRO, OMAR EZEQUIEL STRIPED BASS 01/15/18 01/13/21 FishingCHAVEZ AYALA, REYNALDO SIGFREDO


CHEN, WENSONG SHELLFISH; SEASON 01/21/20 07/18/20 Fishing

CHEN, XI SHELLFISH; SEASON 01/21/20 07/18/20 Fishing

COLINDRES NAVARRETE, ELI BARVE STRIPED BASS 01/15/18 01/13/21 FishingCOLINDRES VALDEZ, HENORY ALFRED STRIPED BASS 01/21/20 01/14/21 FishingCONTRERAS GONZALES, JOSE A STRIPED BASS 01/15/18 01/13/21 FishingCOOK, JACOB JAMES TROUT 01/21/20 07/18/20 FishingCOREA, GUILLERMO ANTONIO STRIPED BASS 08/05/19 02/02/20 FishingCOREAS ALVARADO, OSCAR MAURICIO STRIPED BASS 09/30/19 03/27/20 FishingCOREAS, HENRRY STRIPED BASS 01/21/20 04/19/20 Fishing

CROSLEY, SOKSHANSHELLFISH; SEASON 01/21/20 07/18/20 Fishing

CRUZ CANALES, DAVID E STRIPED BASS 11/19/18 05/16/21 FishingDE LA O SORIANO, EDILBERTO A STRIPED BASS 02/19/18 02/18/20 FishingDE PAZ ARAGON, GLORIA LUZ BLACK DRUM 02/11/19 05/10/20 FishingDEL CID MARTINEZ, DAVID REYES CROAKER 01/21/20 04/19/20 FishingDIAKOULAS, ALEXA MARIE STRIPED BASS 01/21/20 04/19/20 FishingDIAKOULAS, KONSTANTINE EMANUEL STRIPED BASS 01/21/20 04/19/20 FishingDIAZ, JOEL OYSTERS 01/21/20 07/18/20 Fishing

DIAZ, JOSE ADOLFO OYSTERS 10/21/19 04/17/20 FishingDIAZ, NATANIEL N SR STRIPED BASS 01/21/20 01/19/22 FishingDORICCHI, LISA STRIPED BASS 11/01/09 01/29/20 FishingDUCKETT, CONOR MATTHEW TROUT 08/05/19 01/31/20 FishingDURAN, CARLOS A STRIPED BASS 01/21/20 07/18/22 FishingDURAN LOPEZ, JAIME A STRIPED BASS 02/19/18 02/17/21 FishingEDWARDS, GREGORY ANTHONY STRIPED BASS 08/05/19 01/31/20 FishingELAZM, AYMAN FAROUK STRIPED BASS 08/01/19 07/30/20 FishingESCOBAR-MONTERROSO, CHRISTIAN EDUARDO CRABS 04/01/19 03/30/20 Crabbing

FANG, QIN MAO SHELLFISH; SEASON 01/21/20 07/18/20 Fishing

FLETCHER, WILLIAM ANTHONY STRIPED BASS 09/01/19 08/30/20 Fishing

FLORES, ELIUD DANERIS STRIPED BASS 01/15/18 01/13/21 Fishing

FLORES, JULIO STRIPED BASS 01/15/18 01/13/21 FishingFLORES-RIVAS, NELSON DAVID STRIPED BASS 04/22/19 04/20/20 FishingFUENTES, HEATHER VICTORIA STRIPED BASS 03/14/19 03/12/21 FishingGALEANO BAQUEDANO, LUIS ENRIQUE STRIPED BASS 01/15/18 01/13/21 Fishing

GARCIA, JOSE ROSEMBERSMALLMOUTH BASS 02/11/19 02/10/20 Fishing

GARCIA, MARCELINO CRUZ STRIPED BASS 01/21/20 01/19/21 FishingGARCIA ACEVEDO, NELSON VLADIMIR CRABS 04/01/19 09/26/20 CrabbingGARCIA SANTOS, CARLOS BELTRAN STRIPED BASS 12/17/18 12/15/20 FishingGOMEZ, MARIA MARISOL STRIPED BASS 10/21/19 10/19/20 FishingGOMEZ BORRAYO, RONALDO ANTONIO STRIPED BASS 09/01/19 05/27/20 FishingGOMEZ ROSALES, HUGO LEONEL STRIPED BASS 04/09/18 07/06/20 FishingGONZALES, RAMON A STRIPED BASS 01/15/18 01/13/21 FishingGONZALEZ, CESAR DIEGO CRABS 04/01/18 03/30/20 CrabbingGONZALEZ, LUIS A STRIPED BASS 01/15/18 01/13/21 FishingGONZALEZ ESCOBAR, GONZALO STRIPED BASS 01/21/20 04/19/20 FishingGREEN, RICHARD LINSAY III TROUT 08/05/19 01/31/20 FishingGUARDADO GUARDADO, WILLIAM A STRIPED BASS 03/11/19 09/05/20 FishingGUERRA, ELSER ROQUE LICENSE 10/01/18 09/29/20 FishingGUERRA, ERICK M STRIPED BASS 01/15/18 01/13/21 Fishing

GUERRA MENDEZ, OBED ISAI STRIPED BASS 10/21/19 10/19/20 FishingGUERRERO-ROMERO, ULISES ORLANDO BLACK DRUM 03/11/19 06/07/20 Fishing

GUEVARA MARTINEZ, FIDEL ANGEL OYSTERS 01/21/20 07/18/20 FishingGUTIERREZ, JOSE FRANCISCO STRIPED BASS 01/15/18 01/13/21 FishingHAAS, JAMES BRIAN CRABS 04/22/19 05/20/20 CrabbingHERNANDEZ, MIGUEL ANGE MARTINEZ STRIPED BASS 09/30/19 09/28/20 FishingHERNANDEZ, REYNERIO STRIPED BASS 01/15/18 01/13/21 FishingHERNANDEZ FERMAN, JOSE ALCIDES BLACK DRUM 03/11/19 06/07/20 Fishing

HERNANDEZ GOMEZ, RUBEN TROUT 09/01/19 02/27/20 FishingHERNANDEZ LOPEZ, ISRAEL DEJESUS STRIPED BASS 10/21/19 10/19/20 FishingHERNANDEZ LOPEZ, NELSON ALBERTO STRIPED BASS 01/15/18 01/13/21 FishingHERNANDEZ MARQUEZ, ALEXANDER STRIPED BASS 10/21/19 10/19/21 FishingHERNANDEZ MERINO, WILFREDO ANTONIO STRIPED BASS 11/19/18 08/14/20 FishingHERNANDEZ PEREZ, DELVIN JOSUE STRIPED BASS 09/30/19 09/28/22 FishingHERNANDEZ REYES, GLORIS DANIEL STRIPED BASS 01/21/20 07/18/20 FishingHERNANDEZ SANTOS, JOSE RICARDO STRIPED BASS 01/15/18 01/13/22 FishingHERNANDEZ-MENJIVAR, JOSE R


HERNANDEZ-ORTIZ, EVARISTO STRIPED BASS 03/01/19 02/26/21 FishingHERRERA, MAXIMINO OCTAVIO CRABS 04/01/19 03/30/20 CrabbingHERRERA ROMAN, MIGUEL ANGEL STRIPED BASS 01/15/18 01/13/21 FishingHOLLINGSWORTH, FRANK DOUGLAS BAIT 08/05/19 08/03/20 FishingHOUCK, DEVYN CLAUDE TROUT 09/01/19 02/27/20 FishingHWANG, HELEN YONGJOO CRABS 04/29/19 01/23/20 CrabbingICHICH, RIGOBERTO STRIPED BASS 01/21/20 01/19/21 FishingIGNACIO, ALBERTO STRIPED BASS 04/09/18 04/07/21 FishingJIMENEZ, MILTON ADALY STRIPED BASS 11/19/18 11/17/21 FishingJIMENEZ CUELLAR, GENESIS IVANIA STRIPED BASS 01/15/18 01/13/21 FishingKI, HYOUN GWAN STRIPED BASS 08/05/19 08/03/20 FishingKISSIEDU, MICHAEL TWUMASI TROUT 08/05/19 01/31/20 FishingKONG, ANDREW DONG YOON TROUT 08/05/19 01/31/20 FishingKONG, WOO TAECK TROUT 08/05/19 01/31/20 FishingKYLE, LEONARD STRIPED BASS 08/05/19 01/31/20 FishingLANGLEY, FRANCIS ALLEN STRIPED BASS 01/21/20 04/19/20 FishingLEE, SUNG STRIPED BASS 03/01/19 02/28/20 Fishing

LEIVA PASCUAL, HECTOR L STRIPED BASS 03/11/19 06/07/20 FishingLEWIS, CALVIN WAYNE STRIPED BASS 01/21/20 07/18/20 Fishing

LICONA REYES, JOSE ALEXIS STRIPED BASS 09/30/19 12/27/20 Fishing

LIN, XIANG WANG SHELLFISH; SEASON 01/21/20 07/18/20 Fishing

LIU, CHUN SHELLFISH; SEASON 01/21/20 07/18/20 Fishing

LOPEZ, MANFREDIS STRIPED BASS 09/01/19 02/27/20 FishingMAIN, CHASE ALLEN TROUT 09/01/19 02/29/20 FishingMAJANO-CANALES, MOISES DE JESUS STRIPED BASS 01/15/18 01/13/21 FishingMALAVE, EPIFANIO STRIPED BASS 04/09/18 04/07/20 FishingMALDONADO, JUAN ANTONIO STRIPED BASS 10/21/19 10/19/22 FishingMANUEL, LEROY OBRIEN SHARK 01/21/20 01/19/21 FishingMARIN CASTRO, DIMAS OYSTERS 01/21/20 07/18/20 FishingMARTINEZ, EVANGELINA STRIPED BASS 02/11/19 02/09/21 FishingMARTINEZ, OMAR GUILLERMO

LARGEMOUTH BASS 01/21/20 07/18/20 Fishing

MARTINEZ, SANTOS TOMAS STRIPED BASS 09/30/19 09/28/20 Fishing

MARTINEZ LAINEZ, RAMIRO DEJESUS STRIPED BASS 10/21/19 04/17/20 FishingMCCLEARY, JOSEPH CARL FREDERICK STRIPED BASS 09/30/19 03/27/20 FishingMCCLEARY, JOSEPH LUDLOW STRIPED BASS 09/30/19 03/27/20 FishingMEDRANO, JOSE ROBERTO STRIPED BASS 01/15/18 01/13/21 FishingMEDRANO CANALES, JOMN BRADAK STRIPED BASS 01/15/18 01/13/21 FishingMELENDEZ ORTES, ROGER ADELSO OYSTERS 01/21/20 07/18/20 FishingMELGAR TORRES, NERLY JOSE STRIPED BASS 10/21/19 10/19/20 FishingMENCHO, MARIA JULIANA CRABS 04/01/18 03/30/20 CrabbingMICHALSKY, LEON MARK STRIPED BASS 09/30/19 03/27/20 FishingMILLER, IRVIN JOSEPH JR OYSTERS 04/22/19 04/20/20 FishingMIRANDA, JOSE M BLACK DRUM 02/19/18 02/18/20 FishingMONROY, SERGIO NOE MARTINEZ STRIPED BASS 03/01/19 02/27/21 FishingMORALES, DAVID ABRAHAM STRIPED BASS 09/01/19 08/30/20 FishingMORALES DOMINGUEZ, ROMAN STRIPED BASS 08/05/19 01/30/21 FishingMORAN, JULIO MAURICIO BAQUEDANO STRIPED BASS 01/15/18 01/13/21 FishingMORRIS, CARLOS EUGENE STRIPED BASS 08/05/19 01/31/20 Fishing

MUNGUIA TURCIOS, KENIA E. STRIPED BASS 09/01/19 02/27/20 FishingNANDUCA MUNOZ, KARINA LANDY STRIPED BASS 01/15/18 01/13/21 FishingNELSON, JAMES PHILLIP OYSTERS 01/01/20 12/30/20 Fishing

NGUYEN, DANNY CT CRABS 04/01/19 03/30/20 CrabbingNUON, SOKHALY CLAM 01/21/20 07/18/20 FishingORELLANA, JESUS DUBON STRIPED BASS 08/05/19 08/03/20 FishingORELLANA MEDRANO, MILTON ISAEL STRIPED BASS 01/21/20 07/18/21 FishingORELLANA ZAVALA, ANDRES A STRIPED BASS 10/21/19 10/19/22 FishingORELLANA ZAYALA, DENIS ALEXI STRIPED BASS 10/21/19 10/19/22 Fishing

ORTEGA, MARLON FAJARDO STRIPED BASS 02/11/19 08/08/20 FishingORTIZ CORTEZ, JOSE ERNAIDES STRIPED BASS 01/21/20 07/18/20 FishingOSTORO-GALLD, GUSTAVO ADOLFO STRIPED BASS 01/15/18 01/13/21 FishingPADILLA CUBAS, MELVIN JHOVANY STRIPED BASS 04/09/18 04/07/21 FishingPADILLA MURILLO, EDUIN JAIRO STRIPED BASS 09/30/19 09/28/21 FishingPADILLA MURILLO, HENRY WILFREDO STRIPED BASS 09/30/19 09/28/21 FishingPADILLA-GONZALEZ, DANY JOAHN STRIPED BASS 09/30/19 09/28/21 FishingPALACIOS BAUTISTA, JULIO A STRIPED BASS 04/09/18 04/07/20 FishingPANAMENO CERON, SAUL BLACK DRUM 02/11/19 02/09/21 FishingPENADO, JOSE A STRIPED BASS 01/15/18 01/13/21 FishingPEREZ, OSCAR DONADIN STRIPED BASS 10/21/19 04/17/20 FishingPEREZ RIVERA, WEGNER OTTONIEL STRIPED BASS 09/30/19 09/28/20 FishingPHONPHITH, CONNIE RIVER HERRING 09/30/19 09/28/20 FishingPINEDA CHAVEZ, NELSO HORLANDO STRIPED BASS 09/01/19 02/27/20 FishingPINEDA-VASQUEZ, HERNAN RIVER HERRING 09/30/19 09/28/20 FishingPINTO, RUBEN LEIVA STRIPED BASS 03/11/19 03/09/21 Fishing

PORTILLO, ELMER BENJAMIN STRIPED BASS 12/17/18 12/15/21 FishingPORTILLO AYALA, FELIX FRANCISCO STRIPED BASS 12/17/18 12/15/21 FishingQIU, CHENG YU CLAM 01/21/20 07/18/20 FishingQUINTERO GONZALES, ALFREDO STRIPED BASS 10/21/19 10/19/20 FishingQUINTERO GONZALES, HUMBERTO STRIPED BASS 10/21/19 10/19/20 FishingQUINTERO GONZALEZ, SEBASTIAN STRIPED BASS 10/21/19 10/19/20 FishingRAMKARRAN, KAWALL YELLOW PERCH 01/21/20 04/19/20 FishingRAMOS, FREDY QUIROZ STRIPED BASS 08/05/19 08/03/20 FishingRAMOS, HERBER GEAR 01/21/20 04/19/20 FishingRAMOS, NELSON L STRIPED BASS 02/19/18 02/18/20 FishingREYES, DOUGLAS JAVIER STRIPED BASS 01/15/18 01/13/21 FishingREYES, RAFAEL LOPEZ I OYSTERS 01/21/20 07/18/20 Fishing

REYES, WILMER E. MEJIA STRIPED BASS 01/15/18 01/13/22 FishingREYES GUZMAN, EDWIN ABADITH STRIPED BASS 04/22/19 04/20/20 FishingREYES PORTILLO, EDGAR FERNANDO STRIPED BASS 03/11/19 03/09/20 FishingRIVAS, JOSE I SUNFISH 10/21/19 04/17/20 FishingRIVAS, ULISES ROLDAN STRIPED BASS 04/22/19 04/20/20 FishingRIVAS PEREIRA, IGNACIO DEJESUS STRIPED BASS 02/19/18 02/18/20 FishingRIVERA, JUAN ANGEL STRIPED BASS 11/19/18 02/16/20 FishingRIVERA ALVARENGA, RUTILIO JACOB STRIPED BASS 01/15/18 01/13/21 FishingRIVERA PALMA, BERNARDO SALVADOR STRIPED BASS 03/11/19 03/09/21 FishingROBINSON, WILLIAM EDWARD

AREA RESTRICTION 09/30/19 03/27/20 Fishing

RODRIGUEZ SOTO, CARLOS BLACK DRUM 02/19/18 02/18/20 FishingROMERO NOLASCO, EDWIN MAURICIO STRIPED BASS 09/01/19 02/27/20 FishingROSA, WILFRIDO BARDERA CRABS 04/01/19 09/26/20 CrabbingROSALES, JHON PERCY STRIPED BASS 09/01/19 08/30/20 FishingROSALES, JOSE RUIZ BLACK DRUM 02/11/19 05/10/20 FishingROSALES ALVARENGA, JOSE ALEXANO STRIPED BASS 04/22/19 04/20/22 FishingSABILLON GARCIA, RUBEN ALEXANDER STRIPED BASS 01/21/20 01/19/22 FishingSAGASTIZADO SARAVIA, MELVIN IVA STRIPED BASS 11/19/18 05/16/21 FishingSAMAYOA, JUAN ANDRES STRIPED BASS 01/21/20 07/18/21 FishingSANCHEZ, SANTOS GERARDO BLACK DRUM 02/11/19 05/10/20 FishingSANCHEZ AREVALO, SANTOS MEDARDO STRIPED BASS 01/15/18 01/13/22 FishingSANTOS FRANCO, ANTHONY PAUL STRIPED BASS 04/22/19 04/20/21 FishingSARAVIA SAGASTIZADO, PABLO ANTO STRIPED BASS 11/19/18 05/16/21 FishingSERRANDO, JULIO ARMANDO STRIPED BASS 02/19/18 02/18/20 FishingSERRANO, JAIME ALFREDO SANABRIA BLUEFISH 03/11/19 03/09/20 FishingSERVELLON MERCADO, CINTHIA Y STRIPED BASS 01/15/18 01/13/21 FishingSHOCKLEY, EDMUND L. CRABS 10/25/19 10/23/20 CrabbingSOLANO CARRANZA, JUAN CARLOS STRIPED BASS 08/05/19 08/03/20 FishingSORIANO-VASQUEZ, OBLIN ADALY STRIPED BASS 02/19/18 02/18/20 FishingSORIANO PORTILLO, JOSE ARCIDES STRIPED BASS 01/15/18 01/13/21 FishingSORTO, ANTONIO ESCALANTE STRIPED BASS 04/22/19 04/20/21 Fishing

SORTO MELENDEZ, DOLORES A SUNFISH 01/21/20 07/18/20 FishingSOTO, ARNOLDO LARIOS STRIPED BASS 04/09/18 04/07/20 FishingTABORA, JOSE STRIPED BASS 10/21/19 07/16/21 FishingTHACH, TONY MARY STRIPED BASS 08/05/19 02/02/20 FishingTICAS, CRISTOBAL N STRIPED BASS 01/15/18 01/13/22 FishingTICAS, JOSE G STRIPED BASS 01/15/18 01/13/22 FishingTICAS, JOSUE G STRIPED BASS 01/15/18 01/13/22 FishingTOBAR, JAMIE D STRIPED BASS 01/15/18 01/13/22 FishingTOBIAS, LUIS ERNESTO STRIPED BASS 03/11/19 03/09/20 Fishing

TORBA, JONATHAN EDWARD CRABS 04/01/19 04/30/20 CrabbingTOTO, ARMANDO ORGANISTA STRIPED BASS 04/09/18 04/07/20 FishingTUN, TUN TROUT 09/01/19 02/27/20 FishingTURCIOS RODRIQUEZ, EDGAR OSMIN STRIPED BASS 01/15/18 01/13/21 Fishing

URENA, JUNIOR A SMALLMOUTH BASS 01/21/20 07/18/20 Fishing

VELASQUEZ, MARIA E STRIPED BASS 02/11/19 02/10/20 FishingVALENZUELA, RENE HUMBERTO STRIPED BASS 04/09/18 04/07/20 FishingVARGUS, KAREN Y STRIPED BASS 03/11/19 03/09/20 FishingVENTURA RIOS, JOSE NOEL STRIPED BASS 03/11/19 03/09/20 FishingVICENCIO, ELGIN D STRIPED BASS 09/30/19 09/28/20 FishingVILLATORO, JOSE E STRIPED BASS 01/15/18 01/13/21 FishingVLASOV, SEMEN AFANASYEVICH CRAPPIE 01/21/20 04/20/20 FishingVOON, JOHN CRABS 04/01/19 03/30/21 Crabbing

WANG, PINLAN SHELLFISH; SEASON 01/21/20 07/18/20 Fishing

WALKER, FRANCIS HARRY III TROUT 09/01/19 02/27/20 FishingWATERS, RODNEY DAVID STRIPED BASS 05/25/18 05/23/21 FishingWHITE, KIRK DANIEL BOIES STRIPED BASS 09/30/19 03/29/20 FishingWILLIAMS, ROBERT KELLY SR STRIPED BASS 09/30/19 03/27/20 FishingWON, DUK YEON STRIPED BASS 08/05/19 08/03/20 FishingZACARIAS RAMIREZ, GUALIS ADALI

LARGEMOUTH BASS 09/30/19 03/27/20 Fishing

ZAMUDIO-GARIBAY, RAMIRO STRIPED BASS 03/11/19 03/04/20 Fishing

ZAVALA ESCOBAR, JOSE PIO LARGEMOUTH BASS 09/30/19 03/27/20 Fishing

ZELAYA GARCIA, GUADALUPE STRIPED BASS 4/5/2018 4/4/2020 FishingZETINO, FRANCISCO JAVIER STRIPED BASS 3/11/2019 6/7/2020 FishingZHANG, JUN QING CLAM 1/21/2020 7/18/2020 Fishing

Statewide Oyster Industry Committee - Meeting Summary December 18, 2019 6pm to 8 pm Annapolis Fire Station Committee Members Present: Rob Witt: Anne Arundel County Oyster Committee chair Troy Wilkins: Queen Anne's County Oyster Committee chair Simon Dean: Calvert County Oyster Committee chair Jeff Harrison: Talbot County Oyster Committee chair Danny Webster: Somerset County Oyster Committee chair Keith Bradley: Wicomico County Oyster Committee chair Brian Hite: St. Mary's County Oyster Committee chair Chuckie White: Kent County Oyster Committee chair Hollice Lowe: Baltimore County Oyster Committee chair Jason Ruth, Seafood Dealer (Harris Seafood) Committee Members Not Present: Bill Kilinski: Charles County Oyster Committee chair Cody Paul: Dorchester County Oyster Committee chair Maryland DNR Supporting Staff Present: Chris Judy, George O'Donnell Public Present: Allison Colden, Chesapeake Bay Foundation Doug Myers, Chesapeake Bay Foundation Lani Hummel: citizen Agenda

1) Attendance and Introductions 2) Committee Guidelines 3) Surcharge and Bushels Taxes 4) Shell Planting Plan 5) New Business and Updates 6) Public Comment

1) Attendance and Introductions The meeting started with introductions of everyone present. It was mentioned as a reminder that this committee will report to TFAC. The last meeting summary was not discussed for acceptance due to an oversight. 2) Committee Guidelines

Quorum and Decisions - It was discussed and agreed that a simple majority would be the quorum and also the process for making decisions and voting for recommendations to send to TFAC. There are 12 members so this will be 7 for a quorum and for voting it would be a simple majority of those in attendance. Example: if 8 attend then the majority would be 5. Reporting Back to TFAC - It was discussed and decided that only voted actions would be reported back to TFAC, not entire discussions of the meetings. Voted actions mean any action, be it Approved or Not Approved. If TFAC asked for additional information about the Committee discussions, then the Chairman would provide them. 3) Surcharge and Bushels Taxes Severance & Export Taxes – It was mentioned that the County Oyster Committees have asked to have these increased many times before, but it was never accepted. Shells now cost $4 to $5 per bushel (planted) but the severance tax is only $1 per bushel and the export tax is only 30 cents per bushel, both far less than what is needed per bushel to replant shells or buy seed. These taxes were established to help fund shell purchases but rising costs over the decades have outpaced the tax levels (see Fact Sheet from the meeting). It was discussed how shell prices keep going up, but the tax is fixed at a low number. On the other hand it was mentioned that if the tax goes up 1 or 2 dollars, then Bevans will just raise the price of shells – so is there any value in raising the tax? It was noted that the tax in the Potomac (PRFC) is $2 per bushel. It was proposed but not discussed that the Severance Tax could be $3 and the Export Tax $1.50 to get close to the actual costs for shell planting.

Motion – Double the taxes. Raise the Severance Tax from $1 to $2, and the Export Tax from 30 cents to 60 cents. (S. Dean). 2nd by C. White. Passed Unanimously

Surcharge Fee - It was discussed if every license holder should pay the surcharge in order to make an investment in restoring harvest areas, given that hundreds of people jump into the fishery when it is good (see Fact Sheet from the meeting). As it is now, people who jump in only make an investment (pay the surcharge) when they enter, yet they benefit from those who were in the fishery before and who were paying all along. Yet was was recognized that some people (gillnetters, crabbers, etc) have never oystered and may never oysters, so they would be opposed to paying an oyster surcharge. One drawback was mentioned to mandating that everyone pay the fee – people who never oyster may jump into the fishery simply to get back the money they were required to pay. This would boost effort. There was also discussion if the surcharge mandate should be “scaled”: those who oyster pay $300, and those who don’t oyster would pay $100. If they want to oyster then they would pay $200 more. Skipjacks were brought up: there is one surcharge, yet 6 or so harvesters on board. Perhaps all should pay the surcharge.

Motion – Everyone with an oyster license would pay the $300 surcharge. This means TFLs, OYHs, dredge boats, etc. (D. Webster). 2nd by J Harrison. Passed Unanimously

- A comment was made that it will hurt because it will force people to oyster who would never usually oyster

4) Shell Planting Plan Sources of shell were discussed in state and out of state and DNR was encouraged to get all the shell available. Harris Seafood said they sell all they can to the State and they have other customers as well. Shells might be available from Harbor House in DE. It was reported by a member that Bevans is buying MD shells from a shucker in SM County, then selling those back to MD DNR for a higher price. Metompkin was said to have a large pile of shell in Crisfield (500K bushels). DNR agreed to look into these various matters and others that were brought up: DNR knows about the Metompkin pile and buys those shells and agreed to check on the volume. DNR will check into why so many MD shucked shells go to the Horn Point hatchery. DNR will check into the legality of MD shell being sold to a VA company. DNR will also check into why shell bags for aquaculture from ORP and DNR’s Piney Point cost so much (about $2.50 per bag). 5) New Business and Updates Nitrogen Credits were discussed and CBF offered information on the program: Credits are about $4 to $5 per bushel and are paid by the group seeking credits (such as a local govt, or a storm water permit holder). Credits are to be available to the public fishery for harvest from planted sites (not from natural oysters) but data aren’t accurate enough to do this yet. DNR noted that no accurate reporting system exists yet to document the bushels that come from planted sites and this is a requirement in order to get credits. Harvest Tags were discussed. An issue occurs for some harvester/shippers where two sets of tags are needed, yet it seems that one tag should be sufficient. But a single tag would have to be developed (it doesn’t exist now). This comes under a Federal program mandated by FDA, so there might not be a State solution. Yet, a few years ago it was allowed that the two tags could be stapled together. DNR agreed to look into this. 6) Public Comment None NEXT MEETING: Not set at this time

OYSTER SURCHARGE, TAXES, other SURCHARGE $300 1991 no change since LAW §4-701 SEVERANCE TAX $1/bu 1991 no change since LAW §4-1020 1990 45 cents 1988 45 cents EXPORT TAX 30c/bu 1991 no change since LAW §4-1020 1990 15c 1988 15c FRESH SHELL $2/bu 2014 no change since REG 08.02.04.11 2010 50c 1991-2003 25c 1988 20c ________________________________________________________________________ Shell Notes: Bevans Shell - In recent years shells for the industry have come from Bevans, a VA packer

Shell cost: $3.00 per bushel (it had been $2.75 per bushel) Planting cost: $2.00 per bushel (capped at that price)

Total (shell + planting) = $4.25 to $5.00 per bushel for public bar plantings 2011/12: clam shell was purchased at $1/bushel but it was a limited quantity and had issues _________________________________________________________________________ SURCHARGE DETAILS

2019/20 944 $283K 2018/19 822 $246K 2017/18 940 $282K 2016/17 1086 $325K 2015/16 1116 $334K 2014/15 1134 $340K 2013/14 1098 $329K 2012/13 812 $243K 2011/12 599 $179K TFLs 2,828 in 2019/20 944 x $300 = $283,200

LEGAL DETAILS Laws: -Surcharge fee: § 4-701 law states $300 -Severance Tax: § 4-1020 law states $1 -Export Tax: § 4-1020 law states $0.30 -Price for Shell: § 4-1019.2 law states (f) Determination of fair market value. --

(1) In consultation with the Oyster Advisory Commission and the Tidal Fisheries Advisory Commission, the Department shall determine annually the fair market value that the Department pays for: (i) Fresh oyster shells; and (ii) Transportation and placement of fresh oyster shells.

Regs: 08.02.04.11 states: C. Fees for Purchasing, Hauling, and Planting Fresh Oyster Shell. (1) Subject to other conditions and terms agreed to each year, the rate to be paid by the Department to any person for the hauling and planting of fresh oyster shell shall be 25 cents per bushel. (2) The rate to be paid to purchase fresh oyster shell shall be $2 per bushel. Section 4-1019.2. Oyster Shell Purchase Program (a) Applicability. -- This section does not apply to:

(1) An individual who takes or uses oysters for personal use or consumption purposes; or

(2) Old oyster shells that are dredged from the Chesapeake Bay or its tributaries.

(b) In general. -- Except as provided in subsection (c) of this section, any licensed oyster dealer shall

reserve for 8 months after the opening of each annual public shellfish fishery season all shells of oysters harvested from the Chesapeake Bay or its tributaries and commercially shucked in the State for purchase

by the Department for oyster restoration, unless the dealer plants or provides the shells for planting: (1) In an area privately leased for aquaculture purposes;

(2) On riparian bottom as provided in Section 4-11A-17 of this title for the propagation of oysters; or

(3) On public shellfish fishery areas designated by the Department. (c) Implementation and notification of Program. --

(1) The Department shall determine whether sufficient funds are available for the Oyster Shell Purchase

Program under this section. (2) The Department shall notify every licensed oyster dealer not later than September 1 of each year

whether the Oyster Shell Purchase Program will be carried out during the ensuing license year. (3) If the Department does not notify licensed oyster dealers that the Oyster Shell Purchase Program will

be carried out during the ensuing license year, a licensed oyster dealer may sell or dispose of fresh oyster

shell at any time to any person for any lawful purpose. (4) The Department shall:

(i) Establish procedures for the expeditious notice, payment, and removal of shells purchased; and

(ii) Provide for the transportation, storage, and placement on public oyster bars in State waters. (d) Validity of existing contracts. -- All existing contracts executed prior to July 1, 1988 concerning the

purchase of oyster shell shall be valid and exempt from the provisions of this section for the length of time for which the contract covers. (e) Converting oysters or shell into lime, chickenmeal, or road construction materials. -- Unless permission has been

obtained from the Department, it shall be unlawful for any person to take or catch oysters or shell in any of the waters of the State for the purpose of converting the oysters or shell into lime, chickenmeal, or road construction materials. (f) Determination of fair market value. --

(1) In consultation with the Oyster Advisory Commission and the Tidal Fisheries Advisory Commission,

the Department shall determine annually the fair market value that the Department pays for: (i) Fresh oyster shells; and (ii) Transportation and placement of fresh oyster shells.

(2) The Secretary shall adopt regulations to implement the requirement set forth in paragraph (1) of this

subsection.

OYSTER FUNDING from Maryland Department of Transportation - January 2020 FY20 Work Plan - Submitted by DNR to MDOT $950,000 - Public Fishery Plantings $925,000 - DNR Shellfish Operations and Administration $ 70,000 - Demonstration Projects (see footnote) $ 55,000 - Other Activities (e.g. Oyster Advisory Commission) * Examples of projects: St. Mary's Spatfall Study, Recruitment outside Harris Creek and Little Choptank Sanctuaries, Spatfall on Different Substrates

Page 1 of 4; 19-042

Atlantic States Marine Fisheries Commission

1050 N. Highland Street • Suite 200A-N • Arlington, VA 22201 703.842.0740 • 703.842.0741 (fax) • www.asmfc.org

Sustainable and Cooperative Management of Atlantic Coastal Fisheries

MEMORANDUM

December 20, 2019

TO: Commissioners; Proxies; Atlantic Herring Management Board; Atlantic Menhaden Management Board; Atlantic Striped Bass Management Board; Bluefish Management Board; Coastal Sharks Management Board; Executive Committee; ISFMP Policy Board; South Atlantic State/Federal Fisheries Management Board

FROM: Robert E. Beal Executive Director

RE: ASMFC Winter Meeting: February 4-6, 2020 (TA 20-014)

The Atlantic States Marine Fisheries Commission’s Winter Meeting will be held February 4-6, 2020 at The Westin Crystal City. A brief, preliminary agenda along with directions and transportation options to the hotel are included with this memorandum. Materials will be available on January 22, 2020 on the Commission website at http://www.asmfc.org/home/2020-winter-meeting.

A block of rooms is being held at The Westin Crystal City, 1800 S. Eads Street, Arlington, VA 22202. Cindy Robertson will make Commissioner/Proxy reservations and will contact you regarding the details of your accommodations. Please notify Cindy of any changes to your travel plans that will impact your hotel reservations, otherwise you will incur no-show penalties. We greatly appreciate your cooperation.

For all other attendees, please reserve online via Star Group Website at http://www.starwoodhotels.com/ or call The Westin Crystal City at 703.486.1111 as soon as possible and mention the Atlantic States Marine Fisheries Commission to obtain the group room rate of $184.00 plus tax single/dbl. Please be aware you must guarantee your room reservation with a major credit card or one night's advance payment. Hotel reservations must be made by Monday, January 6, 2020. Room availability will not be guaranteed beyond this date. If you are being reimbursed by ASMFC for your travel, please make your reservation directly with the hotel. Reservations made through travel websites do not apply toward our minimum number of required reservations with the hotel. Please note, cancellations at The Westin must be made by 4:00 p.m. two days prior to arrival to avoid penalty and an early departure fee of $100 will apply when checking out prior to the confirmed date. If you have any problems at all regarding accommodations please contact Cindy at 703.842.0740 or at [email protected].

We look forward to seeing you at the Winter Meeting. If the staff or I can provide any further assistance to you, please call us at 703.842.0740.

Encl.: Preliminary Agenda, TA 20-014, Travel Reimbursement Guidelines, and The Westin Crystal City Directions

Patrick C. Keliher (ME), Chair Spud Woodward (GA), Vice-Chair Robert E. Beal, Executive Director

http://www.asmfc.org/

http://www.asmfc.org/home/2020-winter-meeting

http://www.starwoodhotels.com/

mailto:[email protected]

Page 2 of 4; 20-001

Public Comment Guidelines

With the intent of developing policies in the Commission’s procedures for public participation that result in a fair opportunity for public input, the ISFMP Policy Board has approved the following guidelines for use at management board meetings: For issues that are not on the agenda, management boards will continue to provide opportunity to the public to bring matters of concern to the board’s attention at the start of each board meeting. Board chairs will use a speaker sign-up list in deciding how to allocate the available time on the agenda (typically 10 minutes) to the number of people who want to speak. For topics that are on the agenda, but have not gone out for public comment, board chairs will provide limited opportunity for comment, taking into account the time allotted on the agenda for the topic. Chairs will have flexibility in deciding how to allocate comment opportunities; this could include hearing one comment in favor and one in opposition until the chair is satisfied further comment will not provide additional insight to the board. For agenda action items that have already gone out for public comment, it is the Policy Board’s intent to end the occasional practice of allowing extensive and lengthy public comments. Currently, board chairs have the discretion to decide what public comment to allow in these circumstances. In addition, the following timeline has been established for the submission of written comment for issues for which the Commission has NOT established a specific public comment period (i.e., in response to proposed management action).

1. Comments received 3 weeks prior to the start of a meeting week will be included in the briefing materials.

2. Comments received by 5:00 PM on the Tuesday immediately preceding the scheduled ASMFC Meeting (in this case, the Tuesday deadline will be January 28, 2020) will be distributed electronically to Commissioners/Board members prior to the meeting and a limited number of copies will be provided at the meeting.

3. Following the Tuesday, January 28, 2020 5:00 PM deadline, the commenter will be responsible for distributing the information to the management board prior to the board meeting or providing enough copies for the management board consideration at the meeting (a minimum of 50 copies).

The submitted comments must clearly indicate the commenter’s expectation from the ASMFC staff regarding distribution. As with other public comment, it will be accepted via mail, fax, and email.


Winter Meeting February 4–6, 2020

The Westin Crystal City Arlington, Virginia

Page 3 of 4; 20-001

Preliminary Agenda

The agenda is subject to change. Bulleted items represent the anticipated major issues to be discussed or acted upon at the meeting. The final agenda will include additional items and may revise the bulleted items provided below. The agenda reflects the current estimate of time required for scheduled Board meetings. The Commission may adjust this agenda in accordance with the actual duration of Board meetings. Interested parties should anticipate Boards starting earlier or later than indicated herein. Tuesday, February 4, 2020 9:30 – 11:00 a.m. Atlantic Herring Management Board

• Consider Approval of Draft Addendum III for Public Comment • Technical Committee Review of Ocean Dredged Material Disposal Site • Review and Set Atlantic Herring Fishery Specifications for 2020 Season

11:15 a.m. – 3:00 p.m. Atlantic Striped Bass Management Board (lunch will be provided)

• Review and Consider State Implementation Plans and Conservation Equivalency Proposals

3:15 – 4:00 p.m. Coastal Sharks Management Board

• Update on Implementation of CITES Appendix ll Provisions for Atlantic Shortfin Mako

• Update on Atlantic Shortfin Mako from November International Commission for the Conservation of Atlantic Tunas Meeting (if available)

4:15 – 5:00 p.m. Bluefish Management Board

• Review and Consider Approval of Conservation Equivalency Proposals

Wednesday, February 5, 2020 8:30 a.m. – Noon Atlantic Menhaden Management Board

• Review 2019 Atlantic Menhaden Single-Species and Ecological Reference Point Benchmark Stock Assessments and Peer Review Panel Reports, and Consider Approval for Management Use

• Consider Management Response to Benchmark Stock Assessments 1:00 – 5:00 p.m. South Atlantic State/Federal Fisheries Management Board

• Consider Atlantic Croaker Addendum lll and Spot Addendum ll for Final Approval

• Consider Management Action to Align State and Federal Management of Spanish Mackerel

Page 4 of 4; 20-001

• Review SEDAR 58 Cobia Benchmark Stock Assessment and Peer Review

Reports and Consider Approval for Management Use o Consider Management Response to SEDAR 58 Cobia Assessment

Results • Consider Initiation of Red Drum Stock Assessment and Draft Terms of

Reference Thursday, February 6, 2020 8:00 – 10:00 a.m. Executive Committee

• Discuss Potential Allocation of Remaining Plus-Up Funds • Update on Future Annual Meetings

10:15 a.m. – 12:15 p.m. Interstate Fisheries Management Program Policy Board

• Executive Committee Report • Review and Discuss Commissioner Survey Results • Progress Update on American Shad and American Lobster Benchmark Stock

Assessments • Review and Consider Revisions to Stock Status Definitions • Discuss Strategy to Incorporate Ecosystem Management into the Interstate

Fisheries Management Process 12:15 – 12:30 p.m. Business Session

• Consider Noncompliance Recommendations (If necessary)

Sustainable and Cooperative Management of Atlantic Coastal Fisheries 78th Annual Meeting

New Castle, NH October 28 – 31, 2019

Toni Kerns, ISFMP, or Tina Berger, Communications

For more information, please contact the identified individual at

703.842.0740

Meeting Summaries, Press Releases and Motions TABLE OF CONTENTS: ATLANTIC HERRING MANAGEMENT BOARD (OCTOBER 28, 2019) ........................................................... 4

Press Release .............................................................................................................................................. 4 Motions ...................................................................................................................................................... 4

AMERICAN LOBSTER MANAGEMENT BOARD (OCTOBER 28, 2019) .......................................................... 5

Meeting Summary ...................................................................................................................................... 5 Motions ...................................................................................................................................................... 5

TAUTOG MANAGEMENT BOARD (OCTOBER 28, 2019) ............................................................................ 6


ATLANTIC MENHADEN MANAGEMENT BOARD (OCTOBER 28, 2019) ....................................................... 6


ATLANTIC COASTAL COOPERATIVE STATISTICS PROGRAM COORDINATING COUNCIL (OCTOBER 28, 2019) ............................................................................................................................... 7


SPINY DOGFISH MANAGEMENT BOARD (OCTOBER 29, 2019) .................................................................. 8

Press Release .............................................................................................................................................. 8 Meeting Summary ...................................................................................................................................... 8 Motions ...................................................................................................................................................... 9

ATLANTIC COASTAL FISH HABITAT PARTNERSHIP STEERING COMMITTEE (OCTOBER 28 & 29, 2019) ........ 9

Meeting Summary ...................................................................................................................................... 9

MANAGEMENT AND SCIENCE COMMITTEE (OCTOBER 29, 2019) ........................................................... 10


78th Annual Meeting Summary

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Meeting Summary .................................................................................................................................... 10

HORSESHOE CRAB MANAGEMENT BOARD (OCTOBER 29, 2019) ........................................................... 11

Press Release ............................................................................................................................................ 11 Meeting Summary .................................................................................................................................... 11 Motions .................................................................................................................................................... 12

AMERICAN EEL MANAGEMENT BOARD (OCTOBER 29, 2019) ................................................................ 12

Meeting Summary .................................................................................................................................... 12 Motions .................................................................................................................................................... 13

WEAKFISH MANAGEMENT BOARD (OCTOBER 29, 2019) ....................................................................... 13

Press Release ............................................................................................................................................ 13 Meeting Summary .................................................................................................................................... 15 Motions .................................................................................................................................................... 16

EXECUTIVE COMMITTEE (OCTOBER 30, 2019) ....................................................................................... 16


LAW ENFORCEMENT COMMITTEE (OCTOBER 29 & 30, 2019) ................................................................ 17

Meeting Summary .................................................................................................................................... 17

HABITAT COMMITTEE (OCTOBER 30, 2019) .......................................................................................... 19

Meeting Summary .................................................................................................................................... 19

SHAD & RIVER HERRING MANAGEMENT BOARD (OCTOBER 30, 2019) .................................................. 19


CAPTAIN DAVD H. HART AWARD LUNCHEON (OCTOBER 30, 2019)........................................................ 21

Press Release ............................................................................................................................................ 21

COASTAL SHARKS MANAGEMENT BOARD (OCTOBER 30, 2019) ............................................................ 23


ATLANTIC STRIPED BASS MANAGEMENT BOARD (OCTOBER 30, 2019) .................................................. 24

Press Release ............................................................................................................................................ 24 Motions .................................................................................................................................................... 25

INTERSTATE FISHERIES MANAGEMENT PROGRAM POLICY BOARD (OCTOBER 31, 2019) ........................ 27


BUSINESS SESSION (OCTOBER 29 & 31, 2019) ....................................................................................... 29

Press Releases .......................................................................................................................................... 29 Meeting Summary .................................................................................................................................... 31 Motions .................................................................................................................................................... 31

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SOUTH ATLANTIC STATE/FEDERAL FISHERIES MANAGEMENT BOARD (OCTOBER 31, 2019) ................... 32


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ATLANTIC HERRING MANAGEMENT BOARD (OCTOBER 28, 2019) Press Release

ASMFC Atlantic Herring Board Initiates Draft Addendum to Improve Quota Management in Area 1A

New Castle, NH – The Commission’s Atlantic Herring Management Board initiated an addendum to Amendment 3 of the Interstate Fishery Management Plan for Atlantic Herring to consider new approaches for managing the Area 1A (inshore Gulf of Maine) sub-annual catch limit (ACL) under low quota scenarios. This action responds to the challenges encountered in managing the reduced sub-ACL based on the 2018 benchmark stock assessment, which highlighted declining trends in recruitment and spawning stock biomass. Currently, the Board can allocate the sub-ACL throughout the fishing season using bi-monthly, trimester, or seasonal quota periods to meet the needs of the fishery. For the 2019 fishing season, the Board implemented a bimonthly quota period approach to maximize the reduced sub-ACL when demand for bait is high. Due to the low quota, the 2019 fishery has experienced frequent closures to avoid an overage of the sub-ACL. It is anticipated the 2020 sub-ACL will be further reduced creating challenges in distributing the quota throughout the fishing season. The draft addendum will consider alternatives to allow the Board more flexibility in specifying the allocation under low quota scenarios moving forward. For 2020, the Board set the Area 1A sub-ACL with 72.8 percent available from June through September and 27.2 percent allocated from October through December. The Board may reconsider 2020 quota allocation following final action on the addendum. Additionally, the draft addendum will consider expanding landing provisions for permit holders within the days out program. The Board utilizes days out of the fishery to slow the rate of Area 1A catch. In addition to days out of the fishery, landing restrictions, such as weekly landing limits, can be assigned to different vessel categories. The draft addendum will include options for the days out program such as expanding the small mesh bottom trawl fleet days out provision to all Category C and D permits. The Board will consider approval of the draft addendum for public comment at the Commission’s Winter Meeting in February. For more information, please contact Kirby Rootes-Murdy, Senior Fishery Management Plan Coordinator, at [email protected] or 703.842.0740.

### PR19-30

Motions Move to allocate the 2020 Area 1A sub-ACL seasonally with 72.8 percent available from June through September and 27.2 percent allocated from October through December. The fishery will close when 92 percent of the seasonal period’s quota has been projected to be harvested and underages from June through September shall be rolled into the October through December period. Motion made by Dr. Pierce and seconded by Mr. Cimino. Motion passes (8 in favor, 1 abstention). Move to initiate an addendum to expand the quota period options in Amendment 3 by adding options which address challenges experienced in low quota scenarios (frequent starting and stopping of fishing days, small amounts of quota left at the end of the year). The addendum should include, but does not


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have to be limited to, an option which allocates 100% of the Area 1A quota to the months of June-December. The addendum should also consider expanding the Small Mesh Bottom Trawl Fleet Days Out provision to all Category C and D permits. Motion made by Mr. Train and seconded by Mr. Grout. Passes without objection. Move to nominate Cate O’Keefe (MA) as Vice-Chair to the Atlantic Herring Board. Motion made by Dr. Pierce and seconded by Mr. Reid. Passes without objection. AMERICAN LOBSTER MANAGEMENT BOARD (OCTOBER 28, 2019) Meeting Summary The American Lobster Management Board met to discuss several issues: implementation of reporting requirements under Addendum XXVI for lobster and Addendum III for Jonah crab; the development of Draft Addendum XXVII on resiliency of the Gulf of Maine/Georges Bank (GOM/GBK) stock; and the progress of the lobster benchmark stock assessment. Staff updated the Board on the status of implementing new reporting requirements for commercial harvesters resulting from Addenda XXVI and III. Currently, two of the required data elements are still in the process of being added to reporting platforms: location (spatial resolution: 10 minute square), and number of buoy lines. Because not all reporting platforms can collect the data elements, the Board agreed to postpone the requirement for states to collect these two data elements from January 1, 2020 to January 1, 2021. In response to concerns about inconsistent reporting, the Board also tasked the Data Work Group with establishing a consistent method for collecting information on trip-level fishing effort. The Board also discussed Draft Addendum XXVII, which was initiated in August 2017 to enhance the resiliency of the GOM/GBK stock. The addendum focused on the standardization of management measures across the Lobster Conservation Management Areas within GOM/GBK to provide equal protection to the stock. However, development of the addendum stalled as work on Atlantic Right Whale issues was prioritized. The Board agreed the Plan Development Team should resume development of Draft Addendum XXVII at this time, but recognized it should also take into account current stock information that will result from the ongoing benchmark stock assessment. The stock assessment is expected to be available for Board review in October 2020. Finally, Jeff Kipp provided a progress update on the 2020 Lobster Benchmark Stock Assessment. The Assessment has progressed slowly due to competing priorities among Stock Assessment Subcommittee (SAS) members’ individual workloads. Earlier this month the SAS met for an assessment workshop focused on establishing reference points for each stock. A second Assessment Workshop, tentatively scheduled for February 2020, will focus on finalizing the base run of the model and determining stock status. For more information, please contact Caitlin Starks, Fishery Management Plan Coordinator, at [email protected] or 703.842.0740. Motions No motions made.


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TAUTOG MANAGEMENT BOARD (OCTOBER 28, 2019) Meeting Summary The Tautog Management Board met to receive an update on the implementation of the commercial harvest tagging program. In August 2019, the Board requested states indicate whether they would be able to meet the implementation deadline of January 1, 2020 and, if not, provide an alternative date. While many states can implement the program by January 1, a number of states are unable to but are intending to have regulations in place prior to the start of their commercial fishing season. Outside of states with a declared interest in the resource (Massachusetts through Virginia), tautog are also commercially caught and sold in North Carolina, as well as sold in markets in Pennsylvania. North Carolina indicated at the meeting that the state will not be implementing the tagging program due to low landings in recent years and the expectation that fish landed in the state will not be able to be sold outside of the state without a commercial tag. Pennsylvania had not indicated by the meeting whether the state could enforce the tag requirement of fish entering their commercial markets. The state will provide further detail on this request for enforcement during the ISFMP Policy Board. Staff also provided an update on the purchase order of tags and applicators. In September, states provided their requested number of tags and applicators to ensure all commercial caught fish are tagged in 2020. Staff indicated the orders are currently being processed and the states should expect to receive their orders by late November or early December 2019. For more information, please contact Kirby Rootes-Murdy, Senior Fishery Management Plan Coordinator, at [email protected] or 703.842.0740. Motions No motions made. ATLANTIC MENHADEN MANAGEMENT BOARD (OCTOBER 28, 2019) Meeting Summary The Atlantic Menhaden Management Board received a progress update on the 2019 single-species and ecological reference points (ERP) benchmark stock assessments. ASMFC staff requested the Board begin thinking about next steps towards implementing ERPs for menhaden and that there is not a single answer for ecosystem reference points. Specifically, the ERP Assessment will provide tools to evaluate trade-offs of different management objectives for various predator and prey populations and fisheries. Both reports have been submitted to SEDAR for peer-review, which is scheduled for November 4-8, in Charleston, South Carolina. The Board unanimously approved a motion to recommend the ISFMP Policy Board find the Commonwealth of Virginia out of compliance for not fully and effectively implementing and enforcing Section 4.3.7 Chesapeake Bay Reduction Fishery Cap of Amendment 3 to the Interstate Fishery Management Plan for Atlantic Menhaden. Action was taken in response to the 51,000 mt cap being exceeded in September. In making its decision, the Board noted that implementation of this measure is necessary to achieve the conservation goals and objectives of the FMP, to maintain the Chesapeake Bay marine environment, and to assure the availability of the ecosystem’s resources on a long-term basis (see the Business Session section later in this document for the Commission’s action on this issue).


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For more information, please contact Max Appelman, Fishery Management Plan Coordinator, at [email protected] or 703.842.0740. Motions Move the Atlantic Menhaden Management Board recommend to the ISFMP Policy Board that the Commonwealth of Virginia be found out of compliance for not fully and effectively implementing and enforcing Section 4.3.7 Chesapeake Bay Reduction Fishery Cap of Amendment 3 to the Interstate Fishery Management Plan for Atlantic Menhaden. The Commonwealth of Virginia must implement an annual total allowable harvest from the Chesapeake Bay by the reduction fishery of no more than 51,000 mt. The implementation of this measure is necessary to achieve the goals and objectives of the FMP and maintain the Chesapeake Bay marine environment to assure the availability of the ecosystem’s resources on a long-term basis. Motion made by Mr. McMurray and seconded by Rep. Peake. Motion passes without objection. (Roll Call: In favor – ME, NH, MA, RI, CT, NY, NJ, DE, PA, MD, VA, NC, SC, GA, FL; Abstentions – NOAA Fisheries, USFWS.) ATLANTIC COASTAL COOPERATIVE STATISTICS PROGRAM COORDINATING COUNCIL (OCTOBER 28, 2019) Meeting Summary The ACCSP Coordinating Council met to review the activities of the Funding Subcommittee and to take final action on the allocation of funding for FY2020. The Council opted to fund the FY2020 proposals as presented by the Advisory and Operations Committees. If there is need for further funding discussions after the overhead rates have been determined, then the decision will be left to the ACCSP Management and Policy Committee. The Coordinating Council also considered the consolidation of the Technical Committees and the formation of a Data Coordination Committee. They approved further development of the Technical Committee Consolidation, and moving forward with ad-hoc data coordination calls. Finally, the Council received a number of program and committee updates, including topics such as the status of electronic reporting, registration tracking, Data Warehouse partner feeds and queries, For-Hire Methods Workshop, and state conduct of the For-Hire Telephone Survey. For more information, please contact Geoff White, ACCSP Director, at [email protected] or 703.842.0740. Motions Move to fund all maintenance proposals as ranked in the FY20 Average Proposal Rankings spreadsheet following the 75/25 percent split between maintenance and new proposals. Fully fund the three highest ranked of the four new proposals. For the new proposal from Maine, fund with remaining available funds. Motion made by Ms. Knowlton and seconded by Dr. McNamee. Motion carries without opposition.



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SPINY DOGFISH MANAGEMENT BOARD (OCTOBER 29, 2019) Press Release

ASMFC Spiny Dogfish Board Approves Addendum VI New Castle, NH – The Commission’s Spiny Dogfish Management Board approved Addendum VI to the Interstate Fishery Management Plan (FMP) for Spiny Dogfish. The Addendum allows commercial quota to be transferred between all regions and states to enable the full utilization of the coastwide commercial quota and avoid quota payback for unintended quota overages. The Commission’s FMP allocates the coastwide quota to the states of Maine-Connecticut as a regional allocation and to the states of New York-North Carolina as state-specific allocations. Previously, the FMP only allowed quota transfers between states with individual allocations, with regions excluded from benefitting from quota transfers. The 2019-2020 coastwide quota was reduced by 46% due to declining biomass. If landings in the 2019-2020 fishing year remain the same as 2018-2019 landings, there was concern the coastwide quota would not be exceeded but some states could face early closures due to reaching their allocation and being unable to access available unused quota from the northern region through quota transfers. In order for the northern region to participate in quota transfers the Director of each state’s marine fisheries agency within the region must agree to the transfer in writing. As with transfers between states, transfers involving regions do not permanently affect the shares of the coastwide quota. Additionally, the Addendum extends the timeframe for when quota transfers can occur up to 45 days after the end of the fishing year to allow for late reporting of landings data. The Addendum’s measures are effective immediately and allow for transfers between all states and the northern region starting with the 2019-2020 fishing year. Addendum VI will be available on the Commission’s website (www.asmfc.org) on the Spiny Dogfish webpage in early November. For more information, please contact Kirby Rootes-Murdy, Senior Fishery Management Plan Coordinator at [email protected] or 703.842.0740.

###

PR19-33 Meeting Summary In addition to approving Addendum VI, the Spiny Dogfish Management discussed the federal commercial trip limit. Draft Addendum VI included a scoping question for the public to provide feedback on whether the Commission should make recommendations New England and Mid-Atlantic Fishery Management Councils (Councils) and NOAA Fisheries on whether the federal trip limit should be eliminated. This issue was under consideration due to concern that the coastwide quota has been substantially underutilized over the past seven years and the federal trip limit is viewed by some as an additional constraint on the fishery beyond state commercial trip limits. The Commission does not establish the federal commercial trip limit, but can make recommendations to the Councils and NOAA Fisheries on this measure during the federal specifications process. There were few comments received on this topic during the public comment period and without a clear approach moving forward, the Board directed the states within each of the respective regional levels (ME-CT; NY-NC) discuss alternatives for commercial trip limits. States will meet via conference call in the coming months to discuss the topic further, with the intention of reporting back to the Board at its next meeting.



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Next, the Board considered whether to make any changes to specifications to the 2020-2021 fishing season. The Mid-Atlantic Council met earlier in October and made no changes to the previously approved specifications for 2020-2021 fishing season. Based on this, the Board did not adjust the previously established specifications. Lastly, the Board approved the 2019 Fishery Management Plan Review of the 2018 fishing year. For more information, please contact Kirby Rootes-Murdy, Senior Fishery Management Plan Coordinator, at [email protected] or 703.842.0740 Motions Move to adopt Draft Addendum VI to the Spiny Dogfish management plan with Option 2: Allow Quota Transfers between all states and regions effective immediately. Motion made by Dr. Pierce and seconded by Mr. White. Motion approved by consent. (roll call) Move to accept the FMP Review and state Compliance Reports for Spiny Dogfish and de minimis requests from New York and Delaware. Motion made by Sen. Miramant and seconded by Mr. Hasbrouck. Motion approved by consent. ATLANTIC COASTAL FISH HABITAT PARTNERSHIP STEERING COMMITTEE (OCTOBER 28 & 29, 2019) Meeting Summary The Atlantic Coastal Fish Habitat Partnership (ACFHP) Steering Committee met to discuss a number of issues. John Macone (Merrimack River Watershed Council) presented on their current water quality initiatives for the Merrimack River, and Erik Martin (The Nature Conservancy) provided an update on ACFHP’s Northeast Fish Habitat Conservation Assessment. This assessment is on track to be completed by the end of the calendar year, and will complement the completed fish habitat conservation assessment in the Southeast. The Steering Committee developed the actions for the 2020 – 2021 Action Plan, which contains a subset of the 2017 – 2021 Conservation Strategic Plan’s objectives, strategies, and actionable items that can be completed in a two-year timeframe. This will be published by the end of the calendar year, and include conservation, science and data, outreach and communication, and finance tasks. Dr. Lisa Havel (ACFHP Coordinator) provided updates on the National Fish Habitat Partnership, the recent funding received to restore sponges for fish and spiny lobster habitat in Florida Bay, and our current communications initiatives. Finally, the Steering Committee finalized their ranking of recommended conservation projects for FY2020 National Fish Habitat Partnership-US Fish and Wildlife funding. From 2010 to 2019 ACFHP has facilitated NFHP in awarding >$860,000 to partners to complete 25 on-the-ground projects from Florida to Maine. Funding supported 3 tidal vegetation projects, 4 SAV projects, 4 oyster reef restoration projects, 13 fish passage projects, and 1 sturgeon spawning habitat restoration project. For more information, please contact Dr. Lisa Havel, ACFHP Coordinator, at [email protected] or 703.842.0740.



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MANAGEMENT AND SCIENCE COMMITTEE (OCTOBER 29, 2019) Meeting Summary The Management and Science Committee (MSC) met to review Committee activities and discuss plans for the future. The Committee discussed how the Commission measures success in rebuilding and sustaining stocks. A subcommittee of the MSC will develop clear stock definitions to better capture the nuances of stock status for the purposes of the Policy Board’s annual review. The Committee received a presentation from scientists at the NOAA Fisheries Southeast Fisheries Science Center on the development of an Ecosystem Status Report and a Fish Stock Climate Vulnerability Assessment for the South Atlantic. The Science Center will continue to seek Commission input to the Assessment and present final results to the Committee in 2020. The Committee will also determine how to apply Climate Assessment results for stock assessment and fisheries management purposes. The Committee received an overview of Management Strategy Evaluation (MSE) methods and discussed how to use MSEs for Commission-managed species in the future. A work group consisting of Committee representatives, MSE analysts, and technical committee representatives will identify candidate species that would benefit from the MSE approach. The Committee received a presentation from the U.S. Geological Survey (USGS) regarding scientific support USGS provides to ASMFC. Current projects range from horseshoe crab tagging and modeling to the development of new habitat metrics to use in eel stock assessments. The Committee received a presentation regarding new MRIP survey data, including extensive analyses to explain differences between the old Coastal Household Telephone Survey estimates and the new Fishing Effort Survey estimates. The Committee reviewed the Commission’s research priorities and began identifying project ideas to address information gaps for multiple species. A subcommittee of MSC will further review Commission’s research priorities, then develop proposals and pursue funding for research projects. The Committee received an overview of recent wind energy and fisheries activities on the Atlantic coast. The Committee held a brief discussion on the Commission’s roles in supporting coordination among the states, participation in the existing RODA/ROSA partnerships, as well as the Committee’s interest in tracking scientific research regarding the effects of wind energy development on fisheries resources. For more information, please contact Sarah Murray, Fisheries Science Coordinator, at [email protected] or 703.842.0740.


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HORSESHOE CRAB MANAGEMENT BOARD (OCTOBER 29, 2019) Press Release

ASMFC Horseshoe Crab Board Sets 2020 Specifications for Horseshoe Crabs of Delaware Bay Origin

New Castle, NH – The Commission’s Horseshoe Crab Management Board approved the harvest specifications for horseshoe crabs of Delaware Bay origin. Under the Adaptive Resource Management (ARM) Framework, the Board set a harvest limit of 500,000 Delaware Bay male horseshoe crabs and zero female horseshoe crabs for the 2020 season. Based on the allocation mechanism established in Addendum VII, the following quotas were set for the States of New Jersey, Delaware, and Maryland and the Commonwealth of Virginia, which harvest horseshoe crabs of Delaware Bay origin:

Delaware Bay Origin Horseshoe Crab Quota (no. of crabs) Total Quota**

State Male Only Male Only Delaware 162,136 162,136 New Jersey 162,136 162,136 Maryland 141,112 255,980 Virginia* 34,615 81,331

*Virginia harvest refers to harvest east of the COLREGS line only ** Total male harvest includes crabs which are not of Delaware Bay origin.

The Board chose a harvest package based on the Delaware Bay Ecosystem Technical Committee’s and ARM Subcommittee’s recommendation. The ARM Framework, established through Addendum VII, incorporates both shorebird and horseshoe crab abundance levels to set optimized harvest levels for horseshoe crabs of Delaware Bay origin. The horseshoe crab abundance estimate was based on data from the Benthic Trawl Survey conducted by Virginia Polytechnic Institute (Virginia Tech). This survey, which is the primary data source for assessing Delaware Bay horseshoe crab abundance for the past two years, as well as the ongoing benchmark stock assessment, does not have a consistent funding source. However, due to the efforts of three Senators and six Representatives – namely, Senators Chris Coons (D-DE), Tom Carper (D-DE), Cory Booker (D-NJ); and Representatives Frank Pallone (D-NJ), Frank LoBiondo (R-NJ), Lisa Blunt-Rochester (D-DE), Donald Norcross (D-NJ), Chris Smith (R-NJ), and Bill Pascrell (D-NJ) – and the support of NOAA Fisheries, annual funding for the survey has been provided since 2016. They have also requested that NOAA Fisheries incorporate the survey into the agency’s annual budget. For more information, please contact Dr. Michael Schmidtke, Fishery Management Plan Coordinator, at 703.842.0740 or [email protected].

### PR19-31

Meeting Summary In addition to setting 2019 specifications for bait harvest of horseshoe crabs of Delaware Bay origin, the Horseshoe Crab Management Board reviewed recommended updates to the Adaptive Resource Management (ARM) Framework from the ARM Subcommittee and Delaware Bay Ecosystem Technical Committee (DBETC). These recommendations revisit several aspects of the ARM model to incorporate horseshoe crab population estimates from the Catch Multiple Survey Analysis (CMSA) model used in the


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2019 Benchmark Stock Assessment and the most current scientific information available for horseshoe crabs and red knots. The Board directed the ARM Subcommittee to begin working on the recommended updates. This work will include several workshops and webinars over approximately two years, ending with an external peer review of the updated Framework. The Board decided to indefinitely postpone Draft Addendum VIII, which sought to incorporate mortality associated with biomedical use of horseshoe crabs into the ARM Framework and develop harvest packages for the ARM Framework that would allow low levels of female bait harvest. Incorporation of the CMSA model into the ARM Framework, as previously directed by the Board, includes estimates of all sources of removals accounted for in the benchmark assessment, including bait harvest, biomedical mortality, and commercial discard mortality, without the need for an addendum. The Board was also reminded that regardless of the number and type of alternative harvest packages proposed, no packages including female bait harvest would be selected unless abundance of red knots or female horseshoe crabs exceeds threshold levels built into the ARM Framework. Neither of these abundances are currently above threshold levels. Finally, the Board reviewed state compliance with the Fishery Management Plan during the 2018 fishing year. All states’ regulations were found to be consistent with the FMP and de minimis requests were granted to the Potomac River Fisheries Commission, South Carolina, Georgia, and Florida. The Board also changed the annual state compliance report due date to July 1. For more information, please contact Dr. Michael Schmidtke, Fishery Management Plan Coordinator, at [email protected] or 703.842.0740. Motions Move to postpone Draft Addendum VIII indefinitely. Motion made by Mr. Luisi and second by Mr. Wright. Motion passes unanimously. Move to select Harvest Package 3 (500,000 male-only crabs) for 2020 horseshoe crab bait harvest in Delaware Bay. Motion made by Mr. Michels and seconded by Mr. Millard. Motion passes unanimously. Move to approve the 2019 FMP Review, state compliance reports, and de minimis status for Potomac River Fisheries Commission, South Carolina, Georgia, and Florida. Motion made by Mr. Michels and seconded by Mr. Bell. Motion passes unanimously. Move to adopt a July 1st due date for state compliance reports. Motion by made by Mr. Michels and seconded by Mr. Bell. Motion passes unanimously. AMERICAN EEL MANAGEMENT BOARD (OCTOBER 29, 2019) Meeting Summary The American Eel Management Board met to consider approval of the Coastwide Cap Overage Policy. Addendum V, approved in 2018, specified management action will be initiated if the yellow eel coastwide cap (Cap) is exceeded by 10% in two consecutive years. If the management trigger is exceeded, only those states accounting for more than 1% of the total yellow eel landings (1% states) will be responsible for adjusting their measures to reduce harvest to the Cap. Addendum V did not outline what action the states


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would need to undertake to reduce harvest in the case of an overage. To address this, an Allocation Work Group (WG) met over the past year to develop a draft policy for how to respond to overages of the Cap. Under the Policy, the Board will annually review preliminary landings at the Spring Meeting to determine what type of management action should occur. Using a decision tree to evaluate the extent of an overage, the policy focuses on the states, which harvest more than 1%, to voluntarily adjust measures to take reductions in harvest if needed. Depending on performance in subsequent years, those voluntary measures could be expanded. The goal in responding to overages prior to the management trigger being tripped allows for proactive management that could prevent the need for significant adjustments to measures. If the management trigger is tripped, an addendum would be initiated to develop options for mandatory reductions in harvest by the states, which harvest more than 1%. The Board approved the Policy as presented and it will added to Addendum V as an appendix. The revised Addendum V will be posted to the Commission’s website by the end of November. Lastly, the Board approved the 2019 Fishery Management Plan Review of the 2018 fishing year. For more information, please contact Kirby Rootes-Murdy, Senior Fishery Management Plan Coordinator, at [email protected] or 703.842.0740 Motions Move to approve the Coastwide Cap Overage Policy as presented today. Motion made by Mr. Reid and seconded by Ms. Patterson. Motion passes. (Roll Call: In favor – NH, MA, RI, CT, NY, PA, DE, MD, PRFC, VA, NC, SC, GA, FL, NMFS, USFWS; Opposed – ME, NJ.) Move to accept the FMP Review and State Compliance Reports for American eel and de minimis requests from New Hampshire, Massachusetts, Pennsylvania, Georgia, and Florida requested de minimis status for their yellow eel fisheries; and de minimis status for both South Carolina’s yellow eel and glass eel fisheries and accept and forward the PRT’s recommendations. Motion made by Ms. Patterson and seconded by Ms. Fegley. Motion passes. WEAKFISH MANAGEMENT BOARD (OCTOBER 29, 2019) Press Release

Weakfish Assessment Update Indicates Stock is Depleted Total Mortality Exceeds Threshold; Overfishing is not Occurring

New Castle, NH – The 2019 Weakfish Assessment Update indicates weakfish continues to be depleted and has been since 2003. Under the reference points, the stock is considered depleted when the stock is below a spawning stock biomass (SSB) threshold of 30% (13.6 million pounds). In 2017, SSB was 4.24 million pounds. While the assessment indicates some positive signs in the weakfish stock in the most recent years, with a slight increase in SSB and total abundance, the stock is still well below the SSB threshold. Given the weakfish management program is already highly restrictive with a one fish recreational creel limit, 100 pound commercial trip limit, and 100 pound commercial bycatch limit, the Board took no management action at this time.


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The assessment indicates natural mortality (e.g., the rate at which fish die because of natural causes such as predation, disease, and starvation) has been increasing since the early 2000s. Fishing mortality was also high during the mid- to late 2000s. Therefore, even though harvest have been at low levels in recent years, the weakfish population has been experiencing very high levels of total mortality (which includes fishing mortality and natural mortality), preventing the stock from recovering. To better address the issues impacting the weakfish resource, the Technical Committee recommends the use of total mortality (Z) benchmarks to prevent an increase in fishing pressure when natural mortality is high. The assessment proposes a total mortality target of 1.03 and threshold of 1.43. Total mortality in 2017 was 1.45, which is above both the threshold and target, indicating that total mortality is too high. Fishing mortality has increased in recent years, but was below the threshold in 2017. Weakfish commercial landings have dramatically declined since the early 1980s, dropping from over 19 million pounds landed in 1982 to roughly 180,560 pounds landed in 2017. The majority of landings occur in North Carolina and Virginia and, since the early 1990s, the primary gear used has been gillnets. Discarding of weakfish by commercial fishermen is known to occur, especially in the northern trawl fishery, and the discard mortality is assumed to be 100%. Discards peaked in the 1990s but have since declined as the result of management measures and a decline in stock abundance.

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Like the commercial fishery, recreational landings and live releases have declined over time. It is assumed that 10% of weakfish released alive die, so that total recreational removals are equal to the number of weakfish landed plus 10% of the weakfish released alive. The assessment update used the new time-series of calibrated estimates of landings and live releases from the Marine Recreational Information Program. These estimates were higher than the values used in the 2016 benchmark assessment, but showed the same overall trend. Total recreational removals peaked in 1987 at 20.4 million pounds and have declined since then to slightly less than 500,000 pounds in 2017. The proportion of fish released alive has increased over time; over the past 10 years, 88% of weakfish were released alive. Most of the recreational catch occurs in the Mid-Atlantic between North Carolina and New Jersey. The Assessment Update and a stock assessment overview will be available on the Commission’s website, www.asmfc.org, on the Weakfish page under Stock Assessment Reports. For more information on the stock assessment, please contact Katie Drew, Stock Assessment Team Leader, at [email protected]; and for more information on weakfish management, please contact Mike Schmidtke, FMP Coordinator, at [email protected].

### Meeting Summary In addition to considering the results of the Stock Assessment Update, the Board reviewed annual state compliance with the FMP. The Board found all states’ regulations to be consistent with the measures of the FMP and approved de minimis requests for Massachusetts, Connecticut, and Florida. The Board discussed biological sampling requirements that have been impacted by increased catch estimates from the Marine Recreational Information Program’s transition to using the mail-based Fishing Effort Survey. Age sampling requirements are based on each state’s total harvest, thus increases to recreational harvest estimates increase the sampling requirements. The Board tasked the Technical Committee with evaluating assessment needs and state’s sampling abilities to determine whether current requirements should be maintained or changed.

* The stock assessment assumes 10% of the released fish died as a result of being caught and released.

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For more information, please contact Dr. Michael Schmidtke, Fishery Management Plan Coordinator, at [email protected] or 703.842.0740. Motions Move to approve the 2019 Weakfish FMP Review, state compliance reports, and de minimis status for Massachusetts, Connecticut, and Florida. Motion made by Mr. Fote and seconded by Mr. Haymans. Motion approved unanimously. Move to elect Mr. Doug Haymans as Vice Chair to the Weakfish Management Board. Motion made by Mr. Woodward and seconded by Dr. Davis. Motion approved. EXECUTIVE COMMITTEE (OCTOBER 30, 2019) Meeting Summary The Executive Committee met and discussed several issues including: 1) the FY19 Audit; 2) a policy on non-payment of state assessments; 3) allocation of remaining plus-up funds; 4) the public input process; and 5) future Commission Annual Meetings. The following action items resulted from the Committee’s discussions:

• FY19 Audit – The Administrative Oversight Committee (AOC) Chair presented the FY19 Audit of the Commission for approval, noting the auditors provided a clean opinion and found no issues of concern. A motion to approve the audit was made and passed unanimously.

• Allocation of Remaining Plus-up Funds – Staff presented options for allocating the remaining plus-up funds and the Committee had a good discussion on potential projects. Following the discussion, the Committee agreed to support the Winter Striped Bass Tagging Cruise (~$25,000) and discuss allocation of the remaining ~$175,000 at a future meeting.

• Advisory Panel and Public Input Process – There is concern that public engagement in the Commission’s process is dropping off; so the Committee discussed possible ways to remedy this. The Committee requested staff provide an analysis of current membership and participation. The Committee also requested the Management & Science Committee brainstorm on better ways to capture public input including the possible use of surveys designed by the Committee on Economics and Social Sciences to facilitate input.

• Policy on Non-payment of State Assessments – Staff presented a policy concerning non-payment

of state appropriations. After a couple of clarifying questions, a motion to recommend the full Commission approve the policy was made and passed unanimously.

• Future Annual Meetings – The Commission’s next three Annual Meetings will be held in New

Jersey (2020), North Carolina (2021) and Maryland (2022).


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For more information, please contact Laura Leach, Director of Finance & Administration, at [email protected] or 703.842.0740. Motions On behalf of the AOC, move approval of the FY19 Audit. The motion passed unanimously. Motion made by Mr. Keliher. Motion passes unanimously. Move the Policy Addressing Non-payment of State Assessments be forwarded to the full Commission for action. Motion made by Mr. Grout and seconded by Mr. Keliher. Motion passes unanimously. LAW ENFORCEMENT COMMITTEE (OCTOBER 29 & 30, 2019) Meeting Summary The Law Enforcement Committee (LEC) met to review species activities as well as compliance reporting. The LEC welcomed several new members: Captain Chris Hodge (GA), Major Robert Beal (ME), Lt. DeLayne Brown (NH), and Major Jason Walker, (NC). Captain Scott Simmons was an alternate representative for Maryland and Jeff Odom was the alternate for the USFWS. Because of the retirement of Captain Steve Anthony from North Carolina, Captain Doug Messeck served as Acting Chair for this meeting. Species Issues Coastal Sharks and Atlantic Striped Bass — The LEC reviewed and confirmed its recommendations regarding the requirement for the use of circle hooks in both the coastal sharks and the Atlantic striped bass fisheries. The positions taken were previously recorded in separate memoranda to the respective species management boards based on a September 20, 2019 teleconference. After some discussion and review of specific situations that make strict enforcement difficult, it was agreed the prepared memoranda accurately reflect LEC concerns. In general, the LEC continues to believe that compliance with circle hook requirements will be primarily dependent on angler buy-in and intensive education and outreach efforts. Doug Messeck and Kurt Blanchard were scheduled to present the LEC recommendations at the next day’s management board meetings. Atlantic Herring — The LEC reviewed the request from the Atlantic Herring Management Board to review and report on current protocols and enforcement issues with regard to the loading, off-loading and transportation of Atlantic herring catches. The request stems from the recent report of enforcement action in Maine that uncovered significant under-reporting of catch in circumvention of established trip limits and quotas. A Work Group of the LEC (to be determined) will participate in the review of this fishery and make recommendations to the Atlantic Herring Management Board for possible regulatory improvements. Preliminary discussion by the LEC focused on tightening up the standards for weights/measures of containers used in transporting herring to fish houses, but other issues may be identified.


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Spot/Atlantic Croaker — Mike Schmidtke of ASMFC staff briefed the LEC on proposed regulations for bag/size limits of spot and croaker, primarily affecting the recreational for-hire fishery. Regarding how best to manage harvest bags and retention of fish in live wells for bait, the LEC recommended maintaining a strict harvest bag limit for both species reflecting the number of anglers on-board. For Atlantic croaker, the LEC recommended establishing a maximum size limit for retention as bait in live wells. Where a live-bait size limit may not be feasible, the LEC felt that size and number of live wells and the need to keep fish alive would ultimately limit the number of fish kept. These combinations of rules would help to minimize illegal retention of fish over the bag limits. Cobia — Members of the LEC expressed concern about the possible outcome of regulations concerning the application of size/bag limits in federal waters. Mike Schmidtke clarified the ASMFC recommendation was to have federal waters harvest be controlled by the regulations of the state of landing. The state of landing would be tied to the angler (or vessel) state license. NOAA Fisheries’ position was that a variety of factors may need to apply, such as location fished, vessel license, or other factors that would help determine the ultimate state of landing. That way, given a boarding or encounter in federal waters, enforcement officers could notify the applicable state of a potential landing. NOAA Fisheries’ preference is for a single coastwide minimum size limit, but regulations are still in process. Other Issues Toni Kerns, ISFMP Director, briefed the LEC on current compliance reporting by the states and the need to standardize information as reported in the enforcement section of these reports. The goal would be to determine the type and detail of information that can be consistently provided by each state. There was good discussion and input by LEC members indicating that data-driven reports may vary depending on each state’s ability to provide the number of “contacts” by species along with the numbers of citations or warnings. Most states may not have the ability to identify specific types of violations along with citation numbers. The LEC discussed including a narrative template in the compliance reports that would depend on enforcement perspectives on current problem areas, or emerging trends that officers are seeing that are influencing or driving compliance by species. The LEC recommended that ASMFC consider a subcommittee composed of LEC, ASMFC staff and state managers to clarify what is needed and feasible in annual compliance reports. Toni Kerns will continue to work on this issue in consultation with the LEC and the LEC Coordinator. The LEC elected a Chair and Vice Chair for the next two-year term. Captain Doug Messeck was elected Chairman, and Captain Jason Snellbaker is the new Vice Chair. The LEC thanked Mark Robson for his service to the Committee as part-time staff coordinator. Mark is embarking on his “full retirement” as of January 1, 2020, and will be greatly missed his LEC and ASMFC colleagues.

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HABITAT COMMITTEE (OCTOBER 30, 2019) Meeting Summary The Habitat Committee (Committee) met to discuss a number of issues. Michelle Bachman (NEFMC) and Jessica Coakley (MAFMC) updated the committee on the Northeast Regional Fish Habitat Assessment, and led a discussion on the data still needed. The Committee continued to work on the Fish Habitats of Concern designations for all Commission-managed species. The goal is to present these designations to the Policy Board in the summer of 2020. The HC completed the Aquaculture Impacts to Atlantic Fish Habitat Habitat Management Series publication, which summarizes the aquaculture activities and impacts on fish habitat in U.S. Atlantic waters. The Acoustic Impacts to Fish Habitat Habitat Management Series publication is on track to be completed in the spring of 2020, and the 2019 Habitat Hotline Atlantic, which focuses on aquaculture, will be released by the end of the calendar year. The next Habitat Management Series publication will highlight some of the recent habitat assessments being carried out by HC members and other fish habitat scientists and managers along the Atlantic coast. For more information, please contact Dr. Lisa Havel, Habitat Coordinator, at [email protected] or 703.842.0740. SHAD & RIVER HERRING MANAGEMENT BOARD (OCTOBER 30, 2019) Meeting Summary The Shad and River Herring Management Board met to consider a number of topics, including Technical Committee (TC) recommendations on management and monitoring inconsistencies with Amendments 2 and 3, revisions to the Maine River Herring Sustainable Fishery Management Plan (SFMP), a progress update on the ongoing American shad benchmark stock assessment, an update on shad habitat plans, the 2019 FMP Review and state compliance, and nominations to the Shad and River Herring Advisory Panel (AP). First, the Board received a report from the TC Chair on work done by the TC to address the Board task assigned in October 2017. The TC report identified various management and monitoring inconsistencies with the requirements of Amendments 2 and 3 to the Fishery Management Plan (FMP). Amendments 2 and 3 require that states and jurisdictions implement SFMPs for all river systems that will remain open to commercial and/or recreational harvest of river herring and shad, respectively. Three general types of inconsistencies were identified: 1) tributaries of river systems with SFMPs and monitoring that are not explicitly addressed in the SFMP; 2) rivers with recreational harvest addressed by a SFMP, but with insufficient monitoring to support sustainability metrics; and 3) rivers legally open to recreational harvest without an approved SFMP. The TC recommended the following actions for each type of inconsistency, respectively: 1) include tributaries under the SFMP for the mainstem and apply management metrics and responses to those tributaries; 2) apply management metrics and response


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from other appropriate monitored system(s), or implement catch and release only regulations, and 3) implement catch and release only regulations, or consider development of an alternative management regime. The Board directed the states to submit proposals to resolve any inconsistencies based on the TC recommendations. Following TC evaluation, the Board will consider approval of state proposals at the 2020 Spring Meeting. The Board also considered proposed changes to Maine’s River Herring SFMP. Maine’s proposal would provisionally open three municipally-managed river herring runs to limited commercial harvest. Within a five-year period, the three municipal waters selected for inclusion in this program must meet the established sustainability criteria for harvest to continue under the SFMP. Following the TC recommendation, the Board approved Maine’s proposal. Next, staff provided an update to the Board on the ongoing Benchmark Assessment for American shad. The Stock Assessment Subcommittee will convene November 18-22 in Charleston, SC for the last Assessment Workshop, where they will finalize assessment models for each stock Staff expressed concern with the pace of assessment progress, noting several assessment tasks have not been completed by the committee in accordance with the stock assessment timeline. At this time there is no need to further delay the assessment completion, currently scheduled for the 2020 Summer Meeting. Staff also updated the Board on the status of the American shad habitat plans, which were required by Amendment 3. Most states and jurisdictions submitted habitat plans for Board approval in 2014. To date, habitat plans have not been submitted for the Merrimac and Hudson Rivers. As five years have passed since the initial approval of shad habitat plans, the Board agreed that states and jurisdictions should review and update their plans as needed, and that new plans should be submitted for the Hudson and Merrimac Rivers. The Board approved the 2019 FMP Review for Shad and River Herring and de minimis status for the following states: Maine, New Hampshire, and Massachusetts and Florida for American shad; and New Hampshire and Florida for river herring. Finally, the Board appointed three new members to the Shad and River Herring AP: Mike Thalhauser with the Maine Center for Coastal Fisheries and Alewives Harvesters of Maine; Mark Amorello, a recreational fisherman from Massachusetts; and Chuckie Green, a recreational angler and Tribal Nation representative from Massachusetts. For more information, please contact Caitlin Starks, Fishery Management Plan Coordinator, at [email protected] or 703.842.0740. Motions Main Motion Move to direct the states to follow the TC recommendations. And to present to the board in February a plan with a timeline of how they will follow the TC recommendations. Motion made by Mr. Sullivan and seconded by Mr. Reid.


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Motion to Substitute Move to substitute to direct states to respond to the TC recommendation with a written proposal in time for Board consideration at the spring meeting of 2020. If the state does not submit a proposal by the 2020 spring meeting, the management board can take such actions necessary to implement the TC recommendations. Motion made by Mr. Woodward and seconded by Mr. Bell. 16-2-0-0 Motion passes Main Motion as Substituted Move to direct states to respond to the TC recommendation with a written proposal in time for Board consideration at the spring meeting of 2020. If the state does not submit a proposal by the 2020 spring meeting, the management board can take such actions necessary to implement the TC recommendations. Motion made by Mr. Woodward and seconded by Mr. Bell. 17-1 Motion approved. Move to approve Maine’s proposal to modify the river herring SFMP as recommended by the TC. Motion made by Sen. Miramant and seconded by Mr. Reid. Motion is approved unanimously. Move to approve the 2019 Shad and River Herring FMP Review, state compliance reports, and de minimis status for Maine, New Hampshire, Massachusetts and Florida. Motion made by Ms. Fegley and seconded by Dr. Davis. Motion is approved unanimously. Move to appoint Mike Thalhauser, Mark Amorello, and Chuckie Green to the Shad and River Herring Advisory Panel. Motion made by Mr. Keliher and seconded by Mr. Kane. Motion is approved unanimously. CAPTAIN DAVD H. HART AWARD LUNCHEON (OCTOBER 30, 2019) Press Release

ASMFC Presents Thomas P. Fote Prestigious Captain David H. Hart Award New Castle, NH – The Atlantic States Marine Fisheries Commission presented Thomas P. Fote, New Jersey’s Governor Appointee to the Commission, the Captain David H. Hart Award, its highest annual award, at the Commission’s 78th Annual Meeting in New Castle. Mr. Fote has admirably served the State of New Jersey and the Commission since 1991 when he replaced Captain David Hart as New Jersey’s Governor Appointee to the Commission. Mr. Fote’s longstanding service to marine conservation and management is notable. His history is one of dedicated volunteerism on a continuous basis. After volunteering to serve in Vietnam, Mr. Fote was medically retired from the US Army as an Army Captain in 1970. Upon his return, Tom began to carve out a critical spot for himself in the world of marine conservation through diligent study, hard work, the willingness to ask penetrating questions, and engagement into a wide spectrum of conservation and fisheries management roles, all as a full time volunteer. In the process, he has become a knowledgeable

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and staunch fishery advocate, acting locally on behalf of his fellow New Jersey anglers, while also considering the needs of other states. A strong proponent of habitat protection and enhancement, Mr. Fote recognizes the critical role healthy habitat plays in fisheries management. As the founding member and first chair of the Habitat Committee, Mr. Fote was instrumental in the development of the Commission’s Habitat Program. Throughout his life, he’s become increasingly active in environmental issues and has been a powerful voice in opposition to those who would degrade the marine environment. Having seen firsthand the devastation of "Agent Orange" in Vietnam, Mr. Fote found that this same Agent Orange had been made in New Jersey and dumped into Newark Bay. Mr. Fote worked with numerous conservation agencies to rid New Jersey’s waters of a whole spectrum of contaminants. With his service to the Commission dating back to 1991, Mr. Fote’s has become the onsite "functional historian" for the Commission. His long range perspective puts difficult decisions into context and brings clarity to confusing dilemmas. Understanding how important it is to bring new members up to speed so they can quickly and constructively engage in the Commission process, Mr. Fote goes out of his way to help new Commissioners understand the complexities of the organization and how to work through the sometimes confusing maze of options. Mr. Fote firmly believes in the inherent strength of partnerships and collaboration. He frequently communicates with others to develop a compromise and/or coalition for the common good. His extensive knowledge, reputation, and impassioned viewpoint are key catalysts in bringing divergent groups together for a common cause. This is exemplified through his work as a volunteer with numerous organizations including the New Jersey Environmental Federation and the New Jersey Coast Anglers Association. Throughout his life, Mr. Fote has demonstrated that a conservation ethic and spirit of volunteerism can be lifelong passions. Atlantic coast fisheries management is better because of his involvement. The Commission instituted the Hart Award in 1991 to recognize individuals who have made outstanding efforts to improve Atlantic coast marine fisheries. The Hart Award is named for one of the Commission’s longest serving members, who dedicated himself to the advancement and protection of marine fishery resources, Captain David H. Hart, from the State of New Jersey.

### PR19-36

From Left: ASMFC Chair Jim Gilmore, Hart Award Recipient Thomas Fote and ASMFC Executive Director Bob Beal

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COASTAL SHARKS MANAGEMENT BOARD (OCTOBER 30, 2019) Meeting Summary The Coastal Sharks Management Board met to consider a postponed motion requiring the use of circle hooks for the recreational fishery, set 2020 specifications, consider approval of the 2019 FMP Review, and elect a new Vice-Chair. In May 2019, the Board considered a request by NOAA Fisheries to implement a circle hook requirement for the recreational fishery consistent with measures approved in HMS Amendment 11. As part of the Amendment, circle hooks are now required across the hook and line shark fisheries in all areas of federal waters. Circle hooks have been required for federal permit holders since 2017 as outlined in Amendment 5b. The Board postponed action on this measure until receiving feedback from the Advisory Panel (AP) and Law Enforcement Committee (LEC). The AP met in October, with the members present recommending that circle hook measures be required in state waters so long as the regulatory language is consistent with federal measures, specifically allowing an exemption for those fishing with flies and artificial lures. The LEC met in September and indicated the difficulties of enforcing a regulation that might require evidence that an angler is “targeting” a particular species of fish with a prohibited hook type or size. Therefore, if the Board were to implement such a requirement, the LEC emphasized the importance of using intensive education and outreach to garner support for a circle hook regulation. Taking into consideration both reports, the Board moved to require circle hooks for state waters for the recreational shark fishery, with an implementation date of July 1, 2020. Next, the federal proposed 2020 Atlantic shark specifications were presented. Similar to 2017-2019, NOAA Fisheries proposed a January 1 open date for all shark management groups, with an initial 25 shark possession limit for large coastal and hammerhead management groups with the possibility of in-season adjustments. The Board will set the 2020 coastal shark specifications via an email vote after the final rule is published. As part of the 2019 FMP Review, staff provided a progress update on state implementation of the new shortfin mako recreational measures. In May, the Board approved changes to the recreational size limit for Atlantic shortfin mako sharks in state waters, specifically, a 71-inch straight line fork length (FL) for males and an 83-inch straight line FL for females with an implementation date of January 1, 2020. The measures were approved in response to the 2017 Atlantic shortfin mako stock assessment that found the resource is overfished and experiencing overfishing and to promote consistency between measures required in federal waters as part of Amendment 11. A number of the states have already implemented these measures while others are still in their rule-making process. Lastly, the Board approved the 2019 Fishery Management Plan Review of the 2018 fishing year. For more information, please contact Kirby Rootes-Murdy, Senior Fishery Management Plan Coordinator, at [email protected] or 703.842.0740. Motions Postponed Motion from May Meeting Move to require, for state waters, the use of circle hooks on lines intended to catch sharks.


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Motion to Substitute Move to substitute to require the use, in state waters, of non-offset, corrodible, non-stainless steel circle hooks when fishing for sharks recreationally, except when fishing with flies or artificial lures, implemented no later than July 1, 2020. Motion made by Mr. Gillingham and seconded by Mr. McNamee. Motion approved by unanimous consent. Main Motion as Substituted Move to require the use, in state waters, of non-offset, corrodible, non-stainless steel circle hooks when fishing for sharks recreationally, except when fishing with flies or artificial lures, implemented no later than July 1, 2020. Motion made by Mr. Gillingham and seconded by Mr. McNamee. Motion approved unanimously. Move to approve the 2020 coastal sharks specifications via an email vote after NOAA Fisheries publishes the final rule for the 2020 Atlantic Shark Commercial Fishing season. Motion by Mr. Miller, second by Mr. Estes. Motion passes unanimously. Move to accept the 2019 FMP Review for Coastal Sharks, state compliance reports, de minimis status for Massachusetts specific to the possession limit and fishery closure requirements for the Aggregate Large Coastal and Hammerhead species groups. Motion made by Mr. Hasbrouck and seconded by Mr. Rhodes. Motion passes unanimously. Move to nominate Mel Bell (SC) as Vice-Chair to the Coastal Sharks Board. Motion made by Mr. Rhodes and seconded by Mr. Haymans. Motion passes unanimously. ATLANTIC STRIPED BASS MANAGEMENT BOARD (OCTOBER 30, 2019) Press Release

ASMFC Atlantic Striped Bass Board Approves Addendum VI New Castle, NH – The Commission’s Atlantic Striped Bass Management Board approved Addendum VI to Amendment 6 of the Interstate Fishery Management Plan for Atlantic Striped Bass. The Addendum reduces all state commercial quotas by 18%, and implements a 1 fish bag limit and a 28”-35” recreational slot limit for ocean fisheries and a 1 fish bag limit and an 18” minimum size limit for Chesapeake Bay recreational fisheries. States may submit alternative regulations through conservation equivalency to achieve an 18% reduction in total removals relative to 2017 levels. Addendum VI was initiated in response to the 2018 Benchmark Stock Assessment, which indicates the resource is overfished and experiencing overfishing. The Addendum’s measures are designed to reduce harvest, end overfishing, and bring fishing mortality to the target level in 2020.

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Since catch and release practices contribute significantly to overall fishing mortality, the Addendum requires the mandatory use of circle hooks when fishing with bait to reduce release mortality in recreational striped bass fisheries. Outreach and education will be a necessary element to garner support and compliance with this important conservation measure. States are required to submit implementation plans by November 30, 2019 for review by the Technical Committee and approval by the Board in February 2020. States must implement mandatory circle hook requirements by January 1, 2021. All other provisions of Addendum VI must be implemented by April 1, 2020. In May 2020, the Board will consider a postponed motion to initiate an Amendment to rebuild spawning stock biomass to the target level and address other issues with the management program. Addendum VI will be available on the Commission’s website (www.asmfc.org) on the Atlantic Striped Bass webpage in early November. For more information, please contact Max Appelman, Fishery Management Plan Coordinator, at [email protected] or 703.842.0740.

### PR19-35

Motions Main Motion Move to approve Option 2 under Section 3.1 for equal percent reductions. Motion by Mr. Keliher and seconded by Mr. White. Motion to Table Move to table the motion to discuss the TC memo for conservation equivalency criteria. Motion made by Mr. Nowalsky and seconded by Mr. Reid. Motion fails (5 in favor, 8 opposed, 2 abstentions). (Roll Call: In favor – NJ, MD, PRFC, VA, NC; Opposed – ME, NH, MA, RI, CT, NY, PA, DE; Abstain – NMFS, USFWS.) Main Motion Move to approve Option 2 under Section 3.1 for equal percent reductions. Motion by Mr. Keliher and seconded by Mr. White. Motion to Substitute Move to substitute to approve Option 3 under Section 3.1 for unequal percent reductions. Motion made by Mr. Reid and seconded by Mr. Clark. Motion fails (4 in favor, 8 opposed, 2 abstentions, 1 null). (Roll call: In favor – NY, DE, MD, PRFC; Opposed – ME, NH, MA, RI, CT, NJ, PA, VA; Abstain – NMFS, USFWS; Null – NC.) Main Motion Move to approve Option 2 under Section 3.1 for equal percent reductions. Motion by Mr. Keliher and seconded by Mr. White. Motion passes (11 in favor, 4 opposed). Roll call: In favor – ME, NH, MA, RI, CT, NJ, PA, VA, NC, NMFS, USFWS; Opposed – NY, DE, MD, PRFC.)



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Main Motion Move to approve Sub-Option 2-A2 1 fish at 28-35 inches for Section 3.1 for the ocean fishery. Motion made by Dr. Davis and seconded by Mr. Luisi. Motion to Amend Move to amend to include a conservation equivalency proposal to achieve an 18% reduction in total removals relative to 2017. Motion made by Mr. Nowalsky and seconded by Mr. Batsavage. Motion passes 11-2-2abs-0. Main Motion as Amended Move to approve Sub-Option 2-A2 1 fish at 28-35 inches for Section 3.1 for the ocean fishery. Conservation equivalency proposals are required to achieve an 18% reduction in total removals relative to 2017. Motion passes 12-1-2abs-0. Move to approve Sub-Option 2-B1 1 fish at 18 inch minimum for Section 3.1 for Chesapeake Bay. Conservation equivalency proposals are required to achieve an 18% reduction in total removals relative to 2017. Motion made by Mr. Geer and seconded by Mr. Gary. Motion passes 12-0-3abs-0. Move to approve Option B, requiring mandatory circle hook regulations for Section 3.2. Motion made by Mr. White and seconded by Sen. Miramant. Motion passes unanimously. Main Motion Move that states submit implementation plans by November 30, 2019. The Board will take action on implementation plans in February, 2020. All provisions of Addendum VI must be implemented by April 1, 2020. Motion made by Mr. Shiels and seconded by Mr. White. Motion to Amend Move to amend to have the circle hook requirements implemented by January 1, 2021. Motion made by Mr. Gilmore and seconded by Mr. Clark. Motion passes 11-2-2abs-0. Main Motions as Amended Move that states submit implementation plans by November 30, 2019. The Board will take action on implementation plans in February, 2020. Circle hook requirements must be implemented by January 1, 2021. All other provisions of Addendum VI must be implemented by April 1, 2020. Motion passes unanimously. Move to approve Addendum VI to Amendment 6 to the Atlantic Striped Bass FMP as amended today. Motion made by Ms. Patterson and seconded by Mr. Borden. Motion passes without objection.

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INTERSTATE FISHERIES MANAGEMENT PROGRAM POLICY BOARD (OCTOBER 31, 2019) Meeting Summary The ISFMP Policy Board met to consider a number of issues, including an update from Executive Committee; process implications for the Ecological Reference Point (ERP) Benchmark Assessment; consider a noncompliance recommendation from the Atlantic Menhaden Management Board; and receive reports from the Habitat, Management and Science, Assessment Science and the Atlantic Coastal Fish Habitat Partnership Steering Committees. The Commission Chair Jim Gilmore presented the Executive Committee Report (see Executive Committee meeting summary earlier in this document) to the Board. Dr. Katie Drew provided a progress report on the ERP Benchmark Stock Assessment. Commission staff requested the Board begin thinking about next steps towards implementing ERPs for menhaden and that there is not a single answer for ecosystem reference points. Specifically, the ERP Assessment will provide tools to evaluate trade-offs of different management objectives for various predator and prey populations and fisheries. Depending on the management response, the Policy Board may need to provide guidance regarding what process to follow up in making management decisions (e.g., what board(s) should have oversight). The Board unanimously approved a motion to recommend the Commission find the Commonwealth of Virginia out of compliance for not fully and effectively implementing and enforcing Section 4.3.7 Chesapeake Bay Reduction Fishery Cap of Amendment 3 to the Interstate Fishery Management Plan for Atlantic Menhaden (note the USFWS and NOAA Fisheries abstained from voting). The decision comes after notification that the reduction fishery cap of 51,000 metric tons had been exceeded in September 2019. In making its decision, the Board discussed the implementation of this measure is necessary to achieve the conservation goals and objectives of the FMP, to maintain the Chesapeake Bay marine environment, and to assure the availability of the ecosystem’s resources on a long-term basis. The Board reviewed committee reports from the Habitat Committee (see Habitat Meeting Summary), Atlantic Coastal Fish Habitat Partnership (see ACFHP Meeting Summary), Management and Science Committee (see MSC Meeting Summary), and Assessment Science Committee (ASC). The Habitat Committee Chair presented the latest instalment of the Habitat Management Series: Aquaculture Impacts to Habitat along the Atlantic Coast, which was approved by the Board. The document provides a broad description of current and common marine aquaculture practices along the Atlantic seaboard and some potential effects on fish habitats. Staff presented ASC’s recommended revisions to the stock assessment schedule, which were approved by the Board. With Mark Robson retiring at the end of the year, the Board thanked him for his time with the Commission and the excellent work he did coordinating the Law Enforcement Committee for the past 8 years. Starting in 2020, states will implement the tautog commercial harvest tagging program. This requires all commercial caught tautog to be tagged. The Tautog Board was concerned a loop hole could be created if there were no regulations for tagged tautog in Pennsylvania since it has a significant market.

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Pennsylvania agreed to implement regulations to ensure efforts of the tagging program would not be undermined, as they have done with other species. The mandatory use of circle hooks was discussed by several boards over the course of the week. The Policy Board tasked the MSC to complete a synthesis of the existing literature on the use of circle hooks to better understand if there are improvements in species survival rates with the use of circle hooks. The Board thanked the Commissioners of New Hampshire for hosting a magnificent 78th Annual Meeting and acknowledged Doug Grout for his three decades of service to New Hampshire and the Commission. For more information, please contact Toni Kerns, ISFMP Director, at [email protected] or 703.842.0740. Motions Main Motion On behalf of the Atlantic Menhaden Management Board, move the ISFMP Policy Board recommend to the Commission that the Commonwealth of Virginia be found out of compliance for not fully and effectively implementing and enforcing Section 4.3.7 Chesapeake Bay Reduction Fishery Cap of Amendment 3 to the Interstate Fishery Management Plan for Atlantic Menhaden. The Commonwealth of Virginia must implement an annual total allowable harvest from the Chesapeake Bay by the reduction fishery of no more than 51,000 mt. The implementation of this measure is necessary to achieve the goals and objectives of the FMP and maintain the Chesapeake Bay marine environment to assure the availability of the ecosystem’s resources on a long-term basis. Motion made by Ms. Merserve. Motion to Amend Move to amend to include the unused quota provision whereby unused quota may not be transferred to the Cap to reduce an overage, the rollover provision where unlanded fish from the cap cannot be rolled over into the subsequent year; lastly if the cap is exceeded the amount over the cap will be deducted from the next year’s allowable harvest. Motion made by Mr. Reid and seconded by Mr. Grout. Motion is approved by unanimous consent with abstentions from NOAA Fisheries and USFWS. Upon reconsideration of the motion, the amended motion fails. Motion to Reconsider Move to reconsider the previous motion to amend. Motion by Mr. Borden, second by Mr. Fote. Motion passes. With the passing of this motion, the above amended motion fails. Main Motion Move the Interstate Fisheries Management Program Policy Board recommend to the Commission that the Commonwealth of Virginia be found out of compliance for not fully and effectively implementing and enforcing Section 4.3.7 Chesapeake Bay Reduction Fishery Cap of Amendment 3 to the Interstate Fishery Management Plan for Atlantic Menhaden. The Commonwealth of Virginia must implement an annual total allowable harvest from the Chesapeake Bay by the reduction fishery of no more than


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51,000 metric tons. The implementation of this measure is necessary to achieve the goals and objectives of the Fishery Management Plan and maintain the Chesapeake Bay marine environment to assure the availability of the ecosystem’s resources on a long-term basis. Motion made Ms. Meserve. Motion passes unanimously (16 in favor, 2 abstentions). Move to approve the Habitat Management Series: Aquaculture Impacts to Fish Habitat along the Atlantic Coast. Motion made by Mr. Clark and seconded by Mr. Rhodes. Motion passes unanimously. Move to approve the ASMFC Stock Assessment Schedule as presented today. Motion made by Dr. McNamee and seconded by Mr. Clark. Motion passes by unanimous consent. Move to have the Management and Science committee investigate discard mortality across all species. This review should focus on the use of circle hooks and/or other tools that would address discard mortality. Motion made by Mr. Keliher and seconded by Mr. Grout. Motion passes by unanimous consent. BUSINESS SESSION (OCTOBER 29 & 31, 2019) Press Releases

Patrick C. Keliher Elected ASMFC Chair

New Castle, NH – Today, member states of the Atlantic States Marine Fisheries Commission (Commission) thanked James Gilmore of New York for an effective two-year term as Chair and elected Commissioner Patrick C. Keliher of Maine to succeed him. “It is both a great honor and huge responsibility to be trusted to lead the Commission for the next two years. I am humbled by my fellow Commissioners’ confidence in me,” said Mr. Keliher. “While my obligation to the great State of Maine will always come first and foremost, I also recognize that Maine sits on boards for just 10 of the 27 species managed by the Commission. As Chair, I will be working with ASMFC leadership to shape the course of interstate fisheries management for more than just the Pine Tree State and will ensure substantial resources are devoted to issues of equal importance in the fisheries of the Mid- and South Atlantic states. I look forward to bolstering the Commission’s relationship with NOAA Fisheries and Congress to ensure mutual cooperation. I’d like to thank Jim Gilmore for his superb leadership over the past two years. I learned a great deal from him and will use the knowledge gained to work with newly elected Vice-chair Spud Woodward to advance the Commission’s vision of Cooperative and Sustainable Management of Atlantic Coastal Fisheries.”

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Under Mr. Gilmore’s chairmanship, the Commission made important strides in furthering its strategic goals. Management accomplishment’s during the past two years include approval of plan amendments for Atlantic cobia and summer flounder, protections for spawning Atlantic herring, and approval of an addendum to end overfishing of Atlantic striped bass. The Commission’s Science Program completed benchmark assessments and peer reviews for horseshoe crab, Atlantic striped bass and northern shrimp, and made significant progress on the benchmark assessments for American lobster, American shad, and Atlantic menhaden (including the establishment of ecological reference points). The Atlantic Coastal Cooperative Statistics Program (ACCSP) continued to successfully implement state conduct of the Marine Recreational Information Program’s Access-Point Angler Intercept Survey. ACCSP also made significant advancements in technological innovations, including tablet and mobile data entry apps for dealers, commercial fishermen and the for-hire industry. During his chairmanship, Mr. Gilmore oversaw the selection of a new ACCSP Program Director, Geoff White. The Atlantic Coastal Fish Habitat Partnership funded restoration projects in six states to conserve a total of 40 acres of fish habitat and provide access to over 29 river miles and 3,900 acres of spawning habitat. It also launched a redesigned website, created an online query tool for the Species-Habitat Matrix, and completed a research project to understand black sea bass habitat use in the Mid-Atlantic Bight. A Gardiner native, Mr. Keliher has spent much of his life in the woods and on the waters of Maine. His experiences as a youth, fishing and lobstering with family in Casco Bay, instilled in him early on an appreciation for the importance and value of our natural resources. He has been Commissioner of Maine’s Department of Marine Resources since January 2012. The Commission also elected A.G. “Spud” Woodward, Georgia’s Governor Appointee to the Commission, as its Vice-Chair.

### PR19-32

ASMFC Finds the Commonwealth of Virginia Out of Compliance with Amendment 3 to

the Interstate Fishery Management Plan for Atlantic Menhaden Noncompliance Finding to be Forwarded to the Secretary of Commerce

New Castle, NH – The Atlantic States Marine Fisheries Commission has found the Commonwealth of Virginia out of compliance with a mandatory management measure contained in Amendment 3 to the Interstate Fishery Management Plan for Atlantic Menhaden. The Commission will notify the Secretary of Commerce of its finding. This action was taken pursuant to the provisions of the Atlantic Coastal Fisheries Cooperative Management Act of 1993. Specifically, the Commonwealth of Virginia has failed to effectively implement and enforce Section 4.3.7 Chesapeake Bay Reduction Fishery Cap of Amendment 3. In order to come back into compliance, the Commonwealth must implement an annual total allowable harvest from the Chesapeake Bay by the

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reduction fishery of no more than 51,000 mt. The implementation of this measure is necessary to achieve the goals and objectives of Amendment 3 and maintain the Chesapeake Bay marine environment to assure the availability of the ecosystem’s resources on a long-term basis. Upon notification by the Commission, the Secretary of Commerce has 30 days to review the recommendation and determine appropriate action, which may include a federal moratorium on fishing for or possessing Atlantic menhaden in the Commonwealth’s state waters. For more information, please contact Toni Kerns, ISFMP Director, at [email protected] or 703.842.0740.

### PR19-34

Meeting Summary The Business Session (also known as the full Commission) met to consider approval of the 2020 Action Plan, elect new Commission leadership, and consider a noncompliance recommendation from the ISFMP Policy Board, as well as a draft policy on the non-payment of state appropriations. The Business Session reviewed and approved the 2020 Action Plan, which outlines the Commission’s administrative and programmatic activities for next year. The Plan will be available on the Commission’s website, www.asmfc.org, under Guiding Documents early next week. By unanimous acclamation, the Business Session elected Patrick C. Keliher of Maine and A.G. “Spud” Woodward of Georgia the Commission Chair and Vice-chair, respectively. In accepting the chairmanship, Patrick Keliher expressed appreciation for the many contributions of outgoing Chair Jim Gilmore of New York (see above press release for more details). The Business Session considered and unanimously approved a motion to find the Commonwealth of Virginia out of compliance for not fully and effectively implementing and enforcing Section 4.3.7 Chesapeake Bay Reduction Fishery Cap of Amendment 3 to the Interstate Fishery Management Plan for Atlantic Menhaden. The Commission has 10 business days to forward a letter to the Secretary of Commerce of its determination (see above press release for more details). Based on a recommendation from the Executive Committee, the Commission approved a Policy on Non-Payment of State Appropriations. The Policy contains a timeline for payment of annual state appropriations which are due on June 30 each year. If a state is delinquent in submitting its dues, it will lose its voting rights on October 1. This Policy was developed in response to the rare occasions that states do not submit timely payments and to respond to state concerns regarding the fairness of a state being able to participate in the Commission process while being in arrears on annual appropriations. This Policy will be added to the Commission’s Rules and Regulations. For more information, please contact Robert Beal, Executive Director, at [email protected] or 703.842.0740. Motions Move to accept the Action Plan as amended today. Motion made by Mr. Keliher and seconded by Mr. Clark. Motion passes unanimously.




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On behalf of the Nominating Committee, I nominate Pat Keliher as the Chair of the Atlantic States Marine Fisheries Commission effective at the end of the Annual Meeting. Motion made by Mr. Grout. Motion passes by unanimous consent. On behalf of the Nominating Committee, I nominate Spud Woodward as the Vice-Chair of the Atlantic States Marine Fisheries Commission effective at the end of the Annual Meeting. Motion by Mr. Grout. Motion passes by unanimous consent. On behalf of the Interstate Fishery Management Program Policy Board, move that the Atlantic States Marine Fisheries Commission find the Commonwealth of Virginia out of compliance for not fully and effectively implementing and enforcing Section 4.3.7 Chesapeake Bay Reduction Fishery Cap of Amendment 3 to the Interstate Fishery Management Plan for Atlantic Menhaden. The Commonwealth of Virginia must implement an annual total allowable harvest from the Chesapeake Bay by the reduction fishery of no more than 51,000 metric tons. The implementation of this measure is necessary to achieve the goals and objectives of the Fishery Management Plan and maintain the Chesapeake Bay marine environment to assure the availability of the ecosystem’s resources on a long-term basis. Motion made by Mr. Gilmore. Motion passes by unanimous consent Move to amend the Commission’s Rules and Regulations to implement the policy on non-payment of state appropriations Motion made by Mr. Train and seconded by Dr. Davis. Motion passes by unanimous consent. SOUTH ATLANTIC STATE/FEDERAL FISHERIES MANAGEMENT BOARD (OCTOBER 31, 2019) Meeting Summary The South Atlantic State/Federal Fisheries Management Board (Board) met to consider Draft Addendum III to Amendment 1 to the Interstate Fishery Management Plan (FMP) for Atlantic Croaker and Draft Addendum III to the Omnibus Amendment to the Interstate FMPs for Spanish Mackerel, Spot, and Spotted Seatrout (Omnibus Amendment) for public comment. These addenda were initiated to incorporate updates to the annual Traffic Light Approaches (TLA) applied to Atlantic croaker and spot and consider changes to the management responses defined in Addendum II to the Atlantic Croaker FMP and Addendum II to Spot FMP. The TLA assigns a color (red, yellow, or green) to categorize relative levels of indicators on the condition of the fish population (abundance metric) or fishery (harvest metric). For example, as harvest or abundance increases relative to its long-term mean, the proportion of green in a given year will increase and as harvest or abundance decreases, the amount of red in that year will increase. The Board annually evaluates amounts of red against threshold levels to potentially trigger management action. While both species have shown strong declines in recent harvest, neither species had management action triggered because abundance metrics from fishery-independent surveys do not show similar declines. Updates to the TLAs have been recommended by the Atlantic Croaker Technical Committee and Spot Plan Review Team, which include use of regional harvest and abundance metrics, additional fishery-independent surveys, age information, and changes to the triggering mechanisms. The Board made several edits to the Draft Addenda, which will be incorporated before

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they are released for public comment. The Board then approved the document, as modified, for public comment. The Board also discussed differences between federal and state management of Spanish mackerel. Spanish mackerel are managed, primarily, by the South Atlantic Fishery Management Council (SAFMC) with cooperative management from the states through the Commission’s Omnibus Amendment. Differences between current SAFMC management and that of the Omnibus Amendment were noticed due to an early federal closure of the commercial Northern Zone of Spanish mackerel. Differences between the plans include differing definitions of commercial management zones and accountability measures. Ongoing action from the SAFMC could potentially change accountability measures for Spanish mackerel in the near future. Therefore, the Board will wait to pursue an addendum to better align state and federal management until a decision on these potential changes has been made. Finally, the Board reviewed annual state compliance with the FMPs for red drum, black drum, and spotted seatrout. The Board found all states’ regulations to be consistent with the measures of the respective FMPs and approved de minimis requests for New Jersey (red drum and spotted seatrout) and Delaware (red drum and spotted seatrout). For more information, please contact Dr. Michael Schmidtke, Fishery Management Plan Coordinator, at [email protected] or 703.842.0740. Motions Move to approve Draft Addendum III to Amendment 1 to the Interstate FMP for Atlantic Croaker and Draft Addendum III for Spot to the Omnibus Amendment with the additions discussed for public comment. Motion made by Dr. Rhodes and seconded by Mr. Haymans. Motion approved unanimously. Move to approve the 2019 Spotted Seatrout, Black Drum, and Red Drum FMP Reviews, state compliance reports, and de minimis requests for New Jersey and Delaware for red drum and spotted seatrout. Motion made by Ms. Fegley and seconded by Mr. Estes. Motion approved by unanimous consent.


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December 2019 Council Meeting Report The following summary highlights actions taken and issues considered at the Mid-Atlantic Fishery Management Council’s meeting December 9-12, 2019 in Annapolis, MD. Presentations, briefing materials, and webinar recordings are available at: http://www.mafmc.org/briefing/december-2019.

Summer Flounder, Scup, Black Sea Bass, and Bluefish 2020 Recreational Management Measures The Council met jointly with the Atlantic States Marine Fisheries Commission’s (ASMFC) Summer Flounder, Scup, and Black Sea Bass Management Board (Board) and Bluefish Management Board to develop recreational management measures for summer flounder, scup, black sea bass, and bluefish for 2020.

Summer Flounder The Council and Board approved the continued use of regional conservation equivalency for the recreational summer flounder fishery in 2020 to achieve, but not exceed, the 2020 summer flounder recreational harvest limit (RHL) of 7.69 million pounds. Conservation equivalency allows individual states or multi-state regions to develop customized measures that, in combination, will achieve the coastwide RHL. Regional measures under conservation equivalency in 2020 will be the same measures as in 2019, with the possibility of minor adjustments to season start and end dates in some states.

During this meeting, the Council: • Approved the use of regional conservation equivalency for the recreational summer flounder fishery in 2020* • Approved status quo recreational scup and black sea bass management measures in state and federal waters

in 2020* • Approved recreational bluefish measures for 2020 consisting of a 3-fish bag limit for the shore and private

mode and a 5-fish bag limit for the for-hire modes* • Approved a scoping document for the joint Summer Flounder, Scup, and Black Sea Bass Commercial/

Recreational Allocation Amendment* • Agreed to develop the Black Sea Bass Commercial Allocation Addendum/Amendment as a joint action with

the ASMFC* • Approved a supplemental scoping document for the Bluefish Allocation and Rebuilding Amendment* • Approved the Commercial eVTR Omnibus Framework with a 48-hour reporting deadline • Selected a preferred alternative and approved the Omnibus Risk Policy Framework • Selected preferred alternatives and approved the Surfclam and Ocean Quahog Excessive Shares Amendment • Approved the 2020-2024 Strategic Plan • Approved the Comprehensive Five Year (2020-2024) Research Priorities document • Finalized the EAFM summer flounder conceptual model and agreed to move forward with development of a

summer flounder recreational discards management strategy evaluation • Identified four areas of expertise needed on the Scientific and Statistical Committee • Reviewed and approved a list of actions and deliverables for the 2020 Implementation Plan • Received an update on habitat activities

* Items denoted with an asterisk (*) were undertaken during joint meetings with the Atlantic States Marine Fisheries Commission’s Summer Flounder, Scup, and Black Sea Bass Management Board and Bluefish Management Board.

http://www.mafmc.org/briefing/december-2019

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The Council and Board also maintained the status quo non-preferred coastwide measures that are written into the federal regulations but waived in favor of state regulations once conservation equivalency is approved by the National Marine Fisheries Service (NMFS). These measures include a 4-fish possession limit, a 19-inch total length minimum size, and an open season of May 15 – September 15. The Council and Board also made no changes to the current precautionary default measures (i.e., a 2-fish possession limit, a 20-inch total length minimum size, and an open season of July 1 – August 31) which would be implemented in any state or region that does not adopt measures consistent with the conservation equivalency guidelines.

The Council and Board considered the staff recommendation to implement a coastwide slot limit in the summer flounder recreational fishery (allowing harvest of summer flounder only between 17-20 inches total length), but consistent with the Monitoring Committee recommendations, did not recommend this strategy for 2020. The Monitoring Committee has identified additional analyses that should be done to more thoroughly evaluate the potential impacts of slot limits for summer flounder and whether they are appropriate to use in future years.

Scup and Black Sea Bass The Council and Board agreed to maintain status quo recreational management measures for scup in state and federal waters in 2020. In federal waters, this includes a 9-inch total length minimum fish size, a 50 fish possession limit, and an open season of January 1 - December 31.

They also agreed to maintain status quo recreational management measures for black sea bass in state and federal waters in 2020. In federal waters, this includes a 12.5-inch total length minimum fish size, a 15 fish possession limit, and open seasons of February 1-28 and May 15 - December 31. The Board agreed that states should not modify their management measures for 2020, with the exception of states participating in the optional February recreational fishery. Virginia is the only state which indicated an interest in participating in 2020; therefore, Virginia may need to adjust their measures later in the year to account for February 2020 harvest.

For both black sea bass and scup, the Council and Board discussed the possibility that maintaining status quo management measures in state and federal waters may result in overages of the recreational harvest limits. However, they agreed that these measures are unlikely to harm the stocks given that biomass is much higher than the target level for both species. They agreed that it is hard to justify a restriction in harvest to prevent exceeding the 2020 recreational harvest limits when biomass and availability to anglers are so high and the need for a restriction is not driven by a conservation need, but rather by changes to the recreational harvest estimates and the commercial/recreational allocation percentages in the Fishery Management Plan. The Council and Board emphasized that this is a short-term approach to address a unique situation and allow for more time to consider how management should adapt to the revised recreational harvest estimates from the Marine Recreational Information Program.

Bluefish The Council and Bluefish Board approved coastwide recreational bluefish measures consisting of a 3-fish bag limit for the shore and private mode and a 5-fish bag limit for the for-hire modes (party/charter). No restrictions on season or minimum size were made. Additional details are available here: http://www.mafmc.org/newsfeed/2019/bluefish-2020-recreational-measures.

Summer Flounder, Scup, and Black Sea Bass Commercial/Recreational Allocation Amendment The Council and Board approved, with minor revisions, a scoping document for a joint amendment to reconsider the allocations between the commercial and recreational sectors for summer flounder, scup, and black sea bass. Scoping hearings will be scheduled for early 2020, and a revised scoping document will be posted once available at: http://www.mafmc.org/actions/sfsbsb-allocation-amendment.

Black Sea Bass Commercial Allocation Addendum/Amendment In October 2019, the Board initiated a Board-only addendum to consider modifications to the state shares of the black sea bass commercial quota. During the December 2019 joint meeting, the Council agreed that this should be a joint action to allow the Council to have a voting role in any potential changes to these allocations and to

http://www.mafmc.org/newsfeed/2019/bluefish-2020-recreational-measures

http://www.mafmc.org/actions/sfsbsb-allocation-amendment

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consider including them in the Council’s fishery management plan. The Council voted to move forward with a Council amendment to complement the Board’s addendum.

Bluefish Allocation and Rebuilding Amendment The Council and ASMFC are developing an amendment that will address several issues in the bluefish fishery. The Council and Board held an initial round of scoping hearings in June and July 2018. However, because the issue of rebuilding was added to the amendment during the October 2019 meeting, the Council will need to provide additional hearings and opportunities for public comment. During this meeting, the Council and Bluefish Board reviewed a supplemental scoping document and approved the document for public scoping hearings with minor suggestions. Scoping hearing are anticipated to be held in January and February with exact locations and dates to be determined. Additional information and updates on this action will be posted at http://www.mafmc.org/actions/bluefish-allocation-amendment.

Seized Commercial Catch and the Quota Monitoring/Accountability Process The Council and Board discussed issues related to monitoring and reporting of illegal commercial catch. Toni Kerns (ASMFC) provided an overview of how the states are handling seized commercial catch within their own reporting and monitoring systems, and Mike Ruccio (NOAA Fisheries Greater Atlantic Regional Fisheries Office) presented several options that could be pursued to address inconsistencies between the states.

Commercial eVTR Omnibus Framework The Council discussed the alternatives and analyses for an omnibus framework action that considers requiring federally permitted commercial vessels to submit vessel trip reports (VTRs) to NMFS electronically. This action does not change existing data being collected, and operators would have a choice of which NMFS-approved eVTR application to use. This action affects all vessels with federal commercial permits for species managed by the Mid-Atlantic and New England Fishery Management Councils once joint action is taken. The NEFMC is scheduled to take final action at their January 2020 council meeting. After considering Advisory Panel and Fishery Management Action Team recommendations, the Council took final action, selecting alternative 1c to require VTRs be submitted electronically within 48 hours of trip completion. NMFS indicated that they would likely have an extended implementation deadline of up to a year after the final rule and the Council will coordinate several workshops throughout the Northeast Region in 2020. More information is available at http://www.mafmc.org/actions/commercial-evtr-framework.

Omnibus Risk Policy Framework The Council held the second framework meeting and took final action on the Omnibus Risk Policy Framework. The Council’s risk policy, originally implemented in 2011, specifies the Council’s acceptable level of risk (i.e., the probability of overfishing, P*) and works in conjunction with the Scientific and Statistical Committee’s (SSC) application of the ABC control rule to account for scientific uncertainty when setting an Acceptable Biological Catch (ABC) for a specific stock. During this meeting, the Council reviewed the results of a biological management strategy evaluation (MSE) conducted by Dr. John Wiedenmann (Rutgers University) and an economic MSE conducted by Dr. Doug Lipton (NOAA Fisheries) and Cyrus Teng (University of Maryland) that evaluated eight different risk policy alternatives, including the Council’s current risk policy. The results indicated that several alternatives would allow for increased yield and economic benefit when compared to the current risk policy and would still minimize the risk of overfishing or a stock becoming overfished.

The Council approved a new risk policy that was a hybrid approach to two of the alternatives considered (Alternatives 2 and 8). The new risk policy seeks to prevent stocks from being overfished by reducing the probability of overfishing as stock size falls below the target biomass while also allowing for increased risk under higher stock biomass conditions, particularly at very high levels such as those currently found with scup and black sea bass. The Council also approved removing the typical/atypical species distinction currently included in the risk policy. It is anticipated that the new risk policy will be implemented in 2020 and could be applied to 2021 catch and harvest specifications.

http://www.mafmc.org/actions/bluefish-allocation-amendment

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Surfclam and Ocean Quahog Excessive Share Amendment After reviewing public comments, the Council selected preferred alternatives and approved the Atlantic Surfclam and Ocean Quahog Excessive Shares Amendment for submission to the Secretary of Commerce. The amendment was developed to address the "excessive shares" provisions of the National Standard 4 guidelines of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), which require that no individual, corporation, or other entity acquires an excessive share of the SCOQ Individual Transferable Quota (ITQ) privileges. The amendment also considered modifications to the FMP goals and objectives and revisions to the multi-year specification setting process. The Council selected the following preferred alternatives:

• Goals and Objectives. The Council adopted the goals and objectives recommended by the Fishery Management Action Team. They were crafted around goal areas that focused on sustainability, a simple and efficient management regime, managing for stability, management that is flexible and adaptive to changes, and the promotion of science and research. The adopted goals and objectives better reflect the Council's long-term intent for these fisheries

• Excessive Shares Cap: Sub-Alternative 4.4. The Council’s preferred alternative would implement a two-part cap, with quota share ownership cap at 35% for surfclams and 40% for quahogs, and annual allocation cap based on the possession of cage tags at 65% for surfclams and 70% for ocean quahogs. The Council selected the family affiliate level and the cumulative 100% model for tracking of ownership.

• Excessive Shares Review: Alternative 2. This alternative would require the periodic review of the excessive share measures at least every 10 years or as needed. The review could be done in conjunction with the Catch Share Program Review.

• Framework Adjustment Process: Alternative 1. This alternative would not change the list of management measures that can be addressed through the framework adjustment process.

• Multi-Year Management Measures: Alternative 2. The Council’s preferred alternative would allow specifications to be set for maximum number of years consistent with the Northeast Regional Coordinating Council approved stock assessment schedule.

2020-2024 Strategic Plan The Council reviewed public comments and approved a final 2020-2024 Strategic Plan with several minor modifications. A final version of the plan will be posted in the coming weeks at http://www.mafmc.org/strategic-plan. In addition, the Council reviewed a proposed evaluation plan which outlines a process for conducting annual, mid-plan, and comprehensive reviews of progress toward addressing the Council’s strategic goals and objectives.

2020-2024 Research Priorities The Council reviewed and approved the Comprehensive Five Year (2020-2024) Research Priorities document. This document outlines broad priority themes and species-specific research priorities and was developed with input from the Council’s Research Steering Committee, SSC, Advisory Panels, Monitoring Committees, and the Northeast Fisheries Science Center (NEFSC). The document includes a review of the existing priorities document and was also re-organized and prioritized to develop a more useful, tactical, and strategic document to effectively advance scientific and management information that is aligned with Council and NEFSC resources and priorities.

EAFM Summer Flounder Conceptual Model The Council reviewed and finalized the Ecosystem Approach to Fisheries Management (EAFM) summer flounder conceptual model. Conceptual model development is the second step in the EAFM structured decision framework and is meant to ensure that key relationships throughout the system are accounted for and help answer high priority management questions. A workgroup of summer flounder science and management experts, in consultation with the Council’s Ecosystem and Ocean Planning Committee, developed a conceptual model and visualization tool that identified key high-risk factors and important ecosystem elements. Management questions relevant to summer flounder and the associated fisheries that could be answered using the model and the available data were then developed and considered by the Council. Based on application and information in the conceptual model, the Council agreed to conduct a management strategy evaluation (MSE) that will identify and

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evaluate the biological and management implications of alternative strategies to minimize recreational summer flounder discards. The recreational discards MSE, the third step in the EAFM decision framework, will begin in 2020 and will involve extensive science, management, and stakeholder engagement.

SSC Membership White Paper Earlier in 2019, the Council reappointed 16 existing members of the Scientific and Statistical Committee (SSC) to another 3-year term, leaving four vacancies on the SSC. At that time, the Council agreed to delay adding new members to the SSC in order to develop a white paper that would evaluate SSC membership, the future needs of the Council, and the expertise necessary to address those needs. The Council reviewed the white paper evaluation and recommended the following areas of need and membership expertise: one additional member with quantitative stock assessment expertise, one additional fisheries biologist/ecologist and one economist/social scientist that each have experience and expertise in ecosystem related issues, and one economist/social scientist to help support the different Council priorities and actions that will have socioeconomic implications. The Council will solicit nominations for new SSC membership in early 2020.

2020 Implementation Plan Each year, the Council develops an annual implementation plan which identifies the activities and actions the Council expects to work on during the upcoming year. Implementation plans are designed for use as a planning tool by the Council and staff and as a way to update the public on progress toward achieving the goals and objectives of the strategic plan. During the meeting the Council reviewed and approved a list of actions and deliverables for the upcoming year. This list will be used by staff to develop a complete 2020 Implementation Plan for Council consideration at the February 2020 meeting.

Habitat Update Council staff provided an update on the Northeast Regional Habitat Assessment (NRHA), which is a collaborative effort to describe and characterize estuarine, coastal, and offshore fish habitat distribution, abundance, and quality in the Northeast using a partnership driven approach. The project is being led by a Steering Committee composed of leadership from the major habitat conservation, restoration, and science organizations in the region. Additional information related to NRHA is available at http://www.mafmc.org/nrha. Staff also provided a brief update on the Council Coordination Committee Habitat Workgroup. The group met earlier this year for an Essential Fish Habitat Consultation and Regional Innovations Workshop. The purpose of the workshop was to advance our collective work toward effective essential fish habitat (EFH) consultations on non-fishing activities. Keith Hanson (GARFO Habitat Conservation Division) provided an update on projects of interest in the region, including several offshore wind activities, oil and gas survey activities, and coastal storm risk management studies.

Oscar E. Sette Award Dr. John Boreman was recognized as the 2019 recipient of the Oscar E. Sette Award. The award is presented each year by the Marine Fisheries Section of the American Fisheries Society to an individual who has demonstrated sustained excellence in marine fishery biology through research, teaching, administration, or a combination of the three. Dr. Boreman has a distinguished career as a federal fisheries scientist with both NOAA and the U.S. Fish and Wildlife Service. He served as Director of the NOAA Fisheries Office of Science and Technology, the Science and Research Director of the NMFS Northeast Fisheries Science Center (NEFSC), the Director of the NEFSC Cooperative Marine Education and Research Program and adjunct professor of fisheries at the University of Massachusetts. At the end of this year, Dr. Boreman will step down as chair of the Council’s SSC after serving in the role for 11 years.

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Other Business 2020 Council Meetings The schedule of 2020 Council Meetings is available at http://www.mafmc.org/meetings. Please note that the June 2020 Council meeting dates have been changed to June 16-18, 2020.

Next Council Meeting February 11-13, 2020 The Sanderling Resort

1461 Duck Road, Duck, NC 27949 (855)-412-7866

http://www.mafmc.org/council-events/february-2020-council-meeting

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FEBRUARY 2020 MEETING AGENDA February 11-13, 2020

The Sanderling Resort 1461 Duck Road Duck, NC 27949

Telephone 855-412-7866

Tuesday, February 11th 2:00 p.m. Council Convenes

2:00 p.m. – 4:00 p.m. 2020 Implementation Plan – Review and approve 2020 Implementation Plan – Discuss 2020 Council Meeting Topics

4:00 p.m. - 5:00 p.m. Review and Approve New SSC Membership

5:00 p.m. - 5:30 p.m. Kitty Hawk Wind Project Craig Poff - Avangrid Renewables

5:30 p.m. Council Adjourns

Wednesday, February 12th

9:00 a.m. Council Convenes

9:00 a.m. - 11:00 a.m. NEFSC Survey and Data Collection Programs – Fish and redesigned clam surveys – Ecosystem data programs – Gear testing and gear innovation work (including an overview of

the role of Northeast Trawl Advisory Panel) – Social and economic data collections – Cooperative research

11:00 a.m. - 12:00 p.m. GARFO/NEFSC Joint Strategic Plan Mike Pentony - GARFO

– Presentation on final NEFSC/GARFO Regional Strategic Plan for 2020-2023 and Annual Implementation Plan

12:00 p.m. - 1:30 p.m. Lunch

1:30 p.m. - 2:30 p.m. Update on Illex Working Group

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2:30 p.m. - 5:00 p.m. Review and Approve Public Hearing Document for Mackerel, Squid, and Butterfish Goals and Objectives and Illex Permit Amendment

– Review Fishery Management Action Team input – Review Advisory Panel input – Review Committee recommendations – Select any preferred alternatives

5:00 p.m. Council Adjourns

Thursday, February 13th 9:00 a.m. Council Convenes

9:00 a.m. – 1:00 p.m. Business Session

Committee Reports – Scientific and Statistical Committee Report

Executive Director's Report Chris Moore

Organization Reports – NMFS Greater Atlantic Regional Office – NMFS Northeast Fisheries Science Center – NOAA Office of General Counsel – NOAA Office of Law Enforcement – US Coast Guard

Liaison Reports – New England Council – South Atlantic Council

Continuing and New Business MAFMC December 2019 Council Meeting Annapolis, MD 2020-2024 Strategic Plan Move to approve MAFMC 2020-2024 Strategic Plan with revisions approved today. Elliott/deFur Motion carries by consent Five-Year Research Priorities On behalf of the Research Steering Committee, move that the Council approve the Five-year (2020-2024) Research Priorities document as modified by the Committee and reviewed by the Council today. Motion carries by consent Risk Policy Framework Move to approve Alternatives 8 and 9 and a review of the revised risk policy be completed in not more than 10 years. Nowalsky/DiLernia Move to amend Alternative 2 for Alternative 8. Heins/Bolen (11/9/0) Motion to amend carries Main motion: Move to approve Alternatives 2 and 9 and a review of the revised risk policy be completed in not more than 10 years. (18/1/1)

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Motion carries Move to reconsider the approved motion for Alternative 2 for the risk policy framework. Nowalsky/Hemilright (18/1/0) Motion to reconsider carries Move to postpone discussion of Alternative 2 of the risk policy framework until the New Business agenda. Nowalsky/DiLernia Motion carries by consent Note: please see additional motions on the risk policy framework under the Continuing and New Business agenda item Surfclam and Ocean Quahog Excessive Shares Amendment Goals and Objectives Move that the Council adopt the goals and objectives as drafted by the FMAT and as you see here. deFur on behalf of the Committee Motion carries by consent Goal 1: Ensure the biological sustainability of the surfclam and ocean quahog stocks to maintain sustainable fisheries.

Goal 2: Maintain a simple and efficient management regime.

Objective 2.1: Promote compatible regulations between state and federal entities.

Objective 2.2: Promote coordination with the New England Fishery Management Council.

Objective 2.3: Promote a regulatory framework that minimizes government and industry costs associated with administering and complying with regulatory requirements.

Goal 3: Manage for stability in the fisheries.

Objective 3.1: Provide a regulatory framework that supports long-term stability for surfclam and ocean quahog fisheries and fishing communities.

Goal 4: Provide a management regime that is flexible and adaptive to changes in the fisheries and the ecosystem.

Objective 4.1: Advocate for the fisheries in ocean planning and ocean use discussions.

Objective 4.2: Maintain the ability to respond to short and long-term changes in the environment. Goal 5: Support science, monitoring, and data collection that enhance effective management of the resources.

Objective 5.1: Continue to promote opportunities for government and industry collaboration on research. Excessive Shares Alternatives Move that the Council select sub-alternative 4.4 as the preferred excessive shares cap alternative: Two-part cap – Quota share ownership would be capped and a second cap, an annual allocation cap based on the possession of cage tags (Surfclams: 35/65%, Ocean quahogs: 40/70%), with the selection of the family affiliate level and the cumulative 100% model for tracking of ownership. deFur on behalf of the Committee Motion carries by consent Excessive Shares Review Alternatives Move that the Council select Alternative 2 as the preferred excessive shares review alternative: Require the periodic review of the excessive share measures at least every 10 years or as needed. deFur on behalf of the Committee Motion carries by consent Multi-year Management Measures Alternatives Move that the Council select Alternative 2 as the preferred multi-year management measure alternatives: Specifications will be set for maximum number of years consistent with the Northeast Regional Coordinating Council approved stock assessment schedule. deFur on behalf of the Committee Motion carries by consent Framework Adjustment Process Alternatives Move that the Council select Alternative 2 as the preferred framework adjustment process alternative: Add excessive shares cap levels to the list of measures to be adjusted via framework. deFur/Davidson Motion to substitute: Move that the Council select Alternative 1, No changes to the list of management measures that can be addressed via the framework adjustment process. Hughes/Nolan (17/3/0) Motion to substitute carries Main motion: Move that the Council select Alternative 1, No changes to the list of management measures that can be addressed via the framework adjustment process. 18/2/0 Motion carries

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Move to approve the Excessive Shares Amendment and submit to NMFS for rulemaking. deFur/Hughes Motion carries by consent with 1 abstention EAFM Summer Flounder Conceptual Model Move to select question 1 (recreational data) to move forward with a management strategy evaluation. Nowalsky/Lenox Motion to substitute for question 3 (recreational discards). Nolan/Hemilright (14/5/1) Motion to substitute carries Main motion: Move to select question 3 (recreational discards) to move forward with a management strategy evaluation. (17/1/2) Motion carries Bluefish 2020 Recreational Measures with Board Move to adopt 2020 coastwide recreational bluefish management measures with a 3-fish bag limit for the shore and private mode and a 5-fish bag limit for the for-hire mode. Board: Davis/Maniscalco (7/3/2) Council: Heins/Davidson (9/8/2) Motion carries Move to amend: 5-fish bag limit for the for-hire uninspected boat (6 or less passengers), a 10-fish bag limit for the inspected for-hire boat (7+ passengers), and 16" minimum size (TL) limit for all for-hire vessels. Council: DiLernia/deFur (4/14/1) Board: Hasbrouck/Clark Motion fails Move to amend: 3-fish for private/rental and shore, 5-fish for uninspected (6 or less passengers) for-hire vessels, and a 7-fish limits for inspected (7+ passengers) for-hire vessels. Council: DiLernia/Nowalsky Board: Hasbrouck/Hart (5/5) Motion fails Bluefish Allocation Amendment Move that we approve the bluefish supplemental scoping document for public comment. Council: Davidson/Gwin Motion carries by consent Summer flounder 2020 recreational measures with Board Move to adopt conservation equivalency for 2020 summer flounder recreational management, with non-preferred coastwide measures including a 19-inch minimum size, 4 fish possession limit, and open season from May 15-September 15. In addition, the precautionary default measures would include a 20-inch minimum size, 2 fish possession limit, and open season from July 1-August 31. Board: Clark/Borden - motion carries by consent Council: Cimino/Batsavage - motion carries by consent with one abstention Scup 2020 Recreational Measures with Board Move to adopt a 40 fish bag limit, 9-inch minimum size, and open season for Jan 1 to December 31 in federal waters in 2020. Council: Nolan/DiLernia Board: Borden/Kane Move to substitute: Recommend status quo in state and federal waters for the scup recreational fishery in 2020. Board: McNamee/Davis (9/0/2) Council: Heins/Hughes (14/3/1) Motion carries Main motion: Move to recommend status quo in state and federal waters for the scup recreational fishery in 2020. Board: roll call: (8/0/1/2) Council: (18/0/1) Motion carries Black Sea Bass 2020 Recreational Measures Move to maintain status quo state and federal waters recreational measures for black sea bass in 2020, including a federal waters minimum size limit of 12.5 inches, a 15 fish federal waters possession limit, and open federal waters seasons of Feb 1-28 and May 15-Dec 31. Board: Davis/McNamee - Motion carries without objection and with 1 abstention Council: Cimino/Heins (19/0/1) Motion carries

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Summer Founder, Scup, and Black Sea Bass Move to approve the scoping/public information document for the summer flounder, scup, and black sea bass commercial/recreational allocation amendment as modified today. Council: DiLernia/deFur - Motion carries by consent Board: Clark/Allen - Motion carries by consent Black Sea Bass Commercial Issues October meeting motion postponed to December meeting: I move to activate the black sea bass commercial amendment in a joint action with ASMFC. Nolan/Hughes (18/1/1) Motion carries eVTR Move to recommend alternative 1e to require that commercial VTRs be submitted electronically with a weekly deadline following the completion of a fishing trip. Hemilright/Elliott Move to amend: Recommend alternative 1c, commercial eVTR with a 48-hour submission deadline following the completion of a fishing trip. Nowalsky/Pentony (15/4/1) Motion carries Main motion: Move to recommend alternative 1c, commercial eVTR with a 48-hour submission deadline following the completion of a fishing trip. (18/2/0) Motion carries Move to submit the framework document with the preferred alternative to NMFS. Elliott/deFur Motion carries by consent, 1 abstention Continuing and New Business Risk Policy Framework Move to substitute: Adopt a hybrid of Alternative 2 and Alternative 8 as follows - P* equal to 0 when the B/Bmsy ratio is less than or equal to 0.1, with linear ramping to a maximum P* of 0.45 when the B/Bmsy ratio is less than or equal to 1.0, and a linear ramping to a maximum of 0.49 when the B/Bmsy ratio is equal to or greater than 1.5. Nolan/Nowalsky (13/6/1) Motion carries Main motion: Move to adopt a hybrid of Alternative 2 and Alternative 8 as follows - P* equal to 0 when the B/Bmsy ratio is less than or equal to 0.1, with linear ramping to a maximum P* of 0.45 when the B/Bmsy ratio is less than or equal to 1.0, and a linear ramping to a maximum of 0.49 when the B/Bmsy ratio is equal to or greater than 1.5. (13/6/1) Motion carries Move to postpone this motion until the February 2020 meeting. Davidson/deFur (6/11/2) Motion fails Move to submit the risk policy framework to the service. Nowalsky/DiLernia Motion carries by consent 2020 Implementation Plan Move to approve 2020 Actions and Deliverables. Elliott/deFur Motion carries by consent The above agenda items may not be taken in the order in which they appear and are subject to change as necessary. Other items may be added, but the Council cannot take action on such items even if the item requires emergency action without additional public notice. Non-emergency matters not contained in this agenda may come before the Council and / or its Committees for discussion, but these matters may not be the subject of formal Council or Committee action during this meeting. Council and Committee actions will be restricted to the issues specifically listed in this agenda. Any issues requiring emergency action under section 305(c) of the Magnuson-Stevens Act that arise after publication of the Federal Register Notice for this meeting may be acted upon provided that the public has been notified of the Council’s intent to take final action to address the emergency. The meeting may be closed to discuss employment or other internal administrative matters.