Cobia Delaware Public Hearing

Hearing regarding proposed action which would revise regulations pertaining to cobia. This hearing will immediately follow the hearing on striped bass spawning season and area restrictions.

When … 6:00 PM Wednesday February 26, 2020

Where … Richardson & Robbins Building 89 Kings Hwy
The proposed revisions may be inspected at the Departments offices located at 89 Kings Highway, Dover, DE 19901, or are available by calling the Fisheries Section at (302) 739-9914.

DNREC- DIVISION OF FISH & WILDLIFE
LEGAL NOTICE
Notice of Public Hearing

The Department of Natural Resources and Environmental Control (DNREC), Division of Fish & Wildlife will conduct a public hearing (Hearing Docket No.: 2020-R-F-0002) on the proposed revisions to the
following regulations: 7 DE Admin. Code 3500 Tidal Finfish to include a new 3550 Cobia (Rachycentron canadum).
The public hearing will be held on Wednesday, February 26, 2020, immediately following the adjournment of the public hearing on proposed amendments to 7 DE Admin. Code 3502 Striped Bass Spawning Season and Area Restrictions (Hearing Docket No. 2019-R-F-0026), which starts at 6:00 PM in the DNREC Auditorium, Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901.

The Atlantic States Marine Fisheries Commission adopted the Interstate Fishery Management Plan for Atlantic Migratory Group Cobia (FMP) in November 2017. The most recent stock assessment indicated
that Cobia biomass has declined over the past two decades, but the stock is not overfished and overfishing is not occurring. The FMP requires that states adopt the precautionary management measures contained in
the FMP to prevent overfishing. Cobia presence in Delaware waters is sporadic, but they are targeted by anglers when known to be present.
Delaware had no reported commercial or recreational Cobia landings in the three years preceding adoption of the FMP. Therefore, Delaware qualifies for de minimis status under the FMP criteria and may adopt
either of the following two management options:

Option 1 reflects the de minimis management measures outlined in the FMP and Option 2 reflects the management measures in place for the nearest non-de minimis jurisdiction (VA).
The commercial fishing
management measures are identical in both options; however, the recreational management measures differ by the minimum length, maximum vessel limit and season. Adoption of either option will ensure compliance with the FMP, as required by the Atlantic Coastal
Fisheries Cooperative Management Act (16 USC §§5101, et seq.). The proposed action is expected to complement federal management in a consistent manner throughout the management unit and provide for
the long-term stability of the stock. Given the sporadic occurrence of Cobia in Delaware waters, it is unlikely that the proposed action will have significant, measureable or predicable costs to the affected
Delaware fisheries or their dependent businesses.

The proposed amendment may be inspected at DNREC’s office located at Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901 and online as of February 1, 2020 at http://regulations.delaware.gov/services/current_issue.shtml
For additional information on this proposed regulatory promulgation, visit https://de.gov/dnrechearings or contact Stewart Michels, DNREC/DFW, 89 Kings Hwy., Dover, DE 19901; by phone at 302-739-9914; or by email at Stewart.Michels@delaware.gov.

Persons wishing to comment on the proposed amendments may do so either orally or in written form at the public hearing on February 26, 2020. In lieu of attending the public hearing, written comment may be
submitted to the Hearing Officer via the online comment form at https://dnrec.alpha.delaware.gov/publichearings/comment-form/, via email to DNRECHearingComments@delaware.gov, or via USPS to the
below address. The Department will accept public comment through the close of business on Thursday,
March 12, 2020.
Theresa Newman, Hearing Officer
DNREC – Office of the Secretary
89 Kings Highway, Dover, DE 19901