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COASTAL FISHERIES ASSISTANCE PROGRAM JUL 1979 SH 328 C63 COASTAL FISHERIES ASSISTANCE PROGRAM COASTAL ZONE MANAGEMENT DIVISION OF FISH AND WILDLIFE D N R E C Charles, A. Lesser, Manager of Fisheries Theodore P. Ritchie, Fisheries Consultant July 31, 1979 The preparation of this report was financed in part through a Coastal Zone Management Program Development Grant from the Office of Coastal Zone Management, National Oceanic and Atmospheric Administration, under provisions of Section 305 of the Coastal Zone Management Act of 1972 (Public Law 92-583), as amended. EXECUTIVE SUMK@kRY The Coastal Fisheries Assistance Program, conducted by the Division.of Fish and Wildlife, Department of Natural Resources and Envi-ronmental Control, with support through a CoastalZone @Manage- ment Program Development Grant, Office of Coastal Zone iManagement, U.S. Department of Commerce, and in cooperation with the Delaware Office of Management, Budget and Planning has completed its first year's objectives by reviewing, identifying and ranking the problems, issues and opportunities relate.d to marine fisheries in Delaware. A thorough review of the literature and interviews with both commercial and recreational fishermen resulted in hist*orical reviews of fourteen species of finfish and shellfish which have had a si nificant impact on the socio-economic aspects of the fishing 9 1> industry in Delaware. These species afforded the most opportunity for commercial and/or recreational interests and consequently the most management problems. The present condition of each fishery is discussed with the overall socio-economic impact of Delaware's fisheries shifting to recreational fisheries. However, the recent enactment of the Fishery Conservation and Management Act of 1976 0 will definitely provide new issues and opportunities for the commercial fishery industry. In reviewing the histories of indivi.dual fish species, noticeable shifts in their catches are attributable to management, but not in all cases. The oyster industry has dwindled to a remnant of a once dominant shell fishery as a result of improper management. The blue crab fishing industry fluctuates as a result of environ- mental stress. Weakfish are currently the state's most valued recreational and commercial finfish iqhile the much prized striped bass has declined in numbers at an alarming rate. Onshore seafood processing has decreased from a time when the menhaden processing plant in Lewes provided Delaware with a C, 4.6 million dollar industry to virtually a no-value fishery in Delaware when the plant closed in 1968. Surf clam and oysters are the only seafoods presently being processed in commercial quantities in Delaware. An issue identified with high priority and in need of immedi- ate attention is for the State of Delaware to initiate a coordinated effort to encouraae fishery ports and other related industries to locate in Lewes, Delaware. Coincidental to this issue is the need .Lor appropriate legislation to provide the DNREC with regulatina authority to manage the taking and landing of marine fisheries within its jurisdiction. Fisheries management must be based on the best available data which many times becomes available at times .when decisions for managing a fishery cannot wait for appropriate legislative action. Flexibility must be part of -the regulatory process to take advantage of opportunities within various fisheries. Fishery management of marine species is relatively new and the public must be kept informed and allowed to participate in these management procedures. Public participation through hearings following preparation of reports on proposed fishery managment plans, legislation, and regulations should be strongly encouraged. Legislators; governmental officials, and consumer interest groups C, should be routinely informed of fishery issues through a specific information and educational program for marine fisheries management. At present, no such program exists and the establishment of one could only be benficial to fisheries management. Since marine fisheries should be managed and appropriate and equitable allocations of different fish stocks might have to be made to both recreational and-commercial fishermen, catch and effort data on different fisheries will be required. These data will enable a baseline of information to be formulated upon which fishery pana@aement decisions will be recommended. Presently there are insufficient data to deal with the problem of marine fisheries management in managing different stocks for separate fishery inte- rests. This is a regional problem and could best be approached by the adoption of appropriate legislation to permit the state to require catch and effort data reporting from fishermen. While addressing the problem of a data base on marine 'Eisheries, a determination must be made as to what characteristics separate a commercial fishermen from a recreational fishermen. Until this is accomplished, managing the two fisheries will remain an arbitrary and very controversial procedure. A concurrent problem with the need for a data base on each fishery, are fish stocks assessments. In order to equitable allocate fish stocks between commercial and recreational interests, fish species in question must be adequately understood in terms of th,;@ir basic biology, population structure and maximum sustain- able yield. Again, this is a regional fishery problem and it could- best be approached via state and federal cooperative effort. Another major issue, but not of the least importance, is the need for an enforcement program closely integrated with the above mentioned information and education program regarding new concepts and regulations that will affect the public as a result of marine fisheries management. Integrated is a key word since many of the present enforcement personnel are more than adequately trained in boating safety and first aid but inadequately trained in fishery management issues when public sentiment is aroused. All of the above issues, problems and opportunities will iequire adequately funding. The issues of catch and effort data, collecting, stock assessments, information educational programs and enforcement of marine fisheries mana0gement relations could possibly become self-sustaining with appropriate licensing of both recreational and commercial fishermen. These licensing issues should be thoroughly evaluated both on a state basis and/or regional basis in order to complete a totally integrated and efficient marine fisheries program. 0 9/25/79 TABLE OF CONTENTS Executive Summary Introduction I. Historical Significance of Fisheries in Delaware ......... 1 Current Status and Recent History American Oyster ........................................ 11 Hard Clam ............................. ' ................. 23 Blue Crab .............................................. 44 American Lobster ....................................... 54 Weakfish ................................................ 57 Bluefish ............................................... 62 Summer Flounder ........................................ 6S Black Sea Bass ......................................... 69 Atlantic Croaker ........................................ 72 Striped Bass ........................................... 76 White Perch ............................................ 83 American Shad .......................................... 87 American Eel ........................................... 92 Atlantic 'Menhaden ...................................... 98 Fisheries Habitat Assessment in Delaware Coastal Waters..104 Socio-Economic Value of Fisheries & Community Involvement ............................................ 107 Identification of Fisheries Problems, Issues, and Opportunities .......................................... 117 II. Ranking of Problems, Issues, and Opportunities ........... 122 III. Development of Problems, Issues, and Opportunities Critical Problems and Issues ............................. 126 IV. Resolving Critical Problems and Issues ................... 133 LIST OF TA-BLES 1. Commercial Oyster Landings in Delaware 2* Bushels of Oyster-- Planted and Harvested in Delaware 3. Reported Commercial Hard Clam Landings in Delaware 4. Licensed Clam Harvesters in Delaware 5. Relative Clam Meat Values 6. Commercial Blue Crab Landings in Delaware 7. Delaware Commercial Blue Crab Catch by Gear 8. Per Pound Landed Value of Blue Crabs 10. Commercial Lobster Landings in Delaware 11. Commercial Weakfish Landings in Delaware 12. Commercial Bluefish Landings in Delaware 13. Commercial Slimmer Flounder Landings in Delaware 14. Commercial Sea Bass Landings in Delaware 15. Commercial Croaker Landings in Delaware 16. Commercial Striped Bass Landings in Delaware 17. Commercial @,,[hite Perch Landin-s in Delaware 18. CQ=ercial Shad Landings in Delaware 19. Commercial Eel Landings in Delaware 20. Commercial Menhaden Landings in Delaware 21. Recent Total Pinfish Landings and Value 22. Employment in Commercial Fishery in Delaware INTRODUCTION Theyrimary purpose of this yearts Coastal Fisheries Assistance Program (CFAP) was to identify problems, issues and opportunities associated with Delaware's coastal fishery resources. This report includes a compilation of information on 14 species of marine fish and shellfish that are valuable to commercial and/or recreational interests in Delaware. Most of these species are, or have been, relatively abundant in Delaware waters, and consequently most resource management problems are likely to be associated with these species. Analyses were made of commercial and recreational fisheries conflicts and socio-economic value of various fisheries. Support for this effort has been provided by the U. S. Department of Commerce, Office of Coastal Zone Management in cooperation with the Delaware Office of 1,11anagement, Budget and Planni na (OMBP). CD HISTORICAL SIGNIFICANCE OF FI=RIES IN DELAWARE The identification of Delaware's fishery problems, issues, and opportunities must first deal with the historical significance of both commercial and recreational fisheries in Delawar e. Archeological evidence indicates that American Indians inhabited the shores of Delaware rivers and bays long before the arrival of the first white settlers. The fish and shellfish resources of the Delaware area could have been abundant beyond belief. The migrant Indians learned to catch and also preserve the flesh of fish and shellfish. Indians made ornaments, jewelry, utensils and wampum from fish teeth, bones, molluscan and crustacean shells. The Indians were also among the first of the Dela@vvare settlers to use fish for fertilizer. Commercial utilization of Delaware's natural fishery resources beran, when C5 Delaware Indians began to trade dried oyster meats, dried and smoked fish, and fish bone and shell ornaments to inland Indian tribes (Horn, 1957). Nearly all the early written historical accounts of the Delaware region make some mention of the abundance of fish and shellfish. In 1631, Henry Hudson found "numerous islands abounding in good oysters" in what is now known as Broad-kill River (Miller, 1962). Many historical references of the 1660's mention the abundance of shad along with William Penn's preference for "smoked shad from the Delaware". It was also reported that during colonial days in Delaware, fish were so plentiful that travelers stepped upon herring and sheepshead splashing in fords and streams, and shad were speared with pointed sticks and sturceon were lassoed (Ho rn, 1957). 2. Delaware's oldest -ILin f4Lshery was based on the commercial ha-rvestins of the American shad. Shad were commercially landed CD initially by Indians and later by early colonists. Extensive commercial shad fishinc- in the Delaware region began during the early CD tD 1800's. Shad were abundant and an inexpensive source of protein for the inhabitants of developing towns and cities. Initially, shad were sold for only a few cents each, and the fish rapidly became a staple item in the diet of coastal town and city dwellers. The demand for shad increased as more new towns and cities developed. Shad were sold in hundreds of fish markets and shops and also by the many fish peddlers who sold fish from door to door. Sturgeon were also fished commercially and extensively along the Delaware Coast and in*the Delaware Bay and River from 1850 until the late 1930's. Sturgeon were considered a nuisance by the shad fishermen in 1875, who often killed and cast adrift Sturgeon that ,became entangled in their shad nets (Horn, 1957). Eventually, Delaware commercial fishermen began to realize the value of sturgeon meat, and more importantly, -%-,he value of caviar obtained from the roe of the female sturgeon. Commercial fishermen used large mesh nets to catch sturgeon, and it was not uncommon for a two-man sturo-eon boat to fish for several hours and return with 20 or more sturgeon weighing from 150-400 pounds each. Sturgeon were sold for fifty cents or one dollar each, and a 160 pound keg of caviar sold for six to eight dollars. In 1936, sturgeon were selling for $300 each, and caviar was sold k 3. for $300 a kec,. Bowers Beach was the site of the first Delaware factory built to butcher sturgeon and process (sieve) the fish roe into caviar. Later, the center of the fishery shifted to Delaware City, and it is believed that during various years several hundred persons were reg-ularly involved in sturgeon fishing in Delaware. Delaware has had no significant sturgeon landings since the late'1930's, and there has been no commercial fishing effort for many years. At the present time, there are probably more sturgeon in the Delaware River and Bay than at any time since the late 1930's. The menhaden fishery was unquestionably the largest and one of the relatively more recent fin fisheries to develop in Delaware. Menhaden are used primarily for industrial purposes in the United States, and one of the first large menhaden processing plants was built in Lewes, Delaware in 1912. In 1938, the Consolidated Fisheries processing plant in Lewes was the largest menhaden processing facility in the United States. The plant owners had two dozen menhaden steamers and employed more than 600 men. In 1946, Mr. Otis Smith purchased another existing menhaden plant in Lewes, and in 1954 Mr. Smith purchased the Consolidated Fisheries processing facility. Lewes became the largest fish landing port in the United States in 1953 when 390 million pounds of fish were landed. Twenty-five large company-owned menhaden steamers provided fish for the twin processing plants, and the crew members alone amounted to 650 men. Several hundred additional workers were employed in the factories and as support personnel. Menhaden landinrs in Lewes and all along the 4. Atlantic Coast began to decline in 1962. in 1963, one of the menhaden processing blants iii Lewes was closed, and in 1966 both plants were permanently closed because the local menhaden stocks had been seriously depleted. Delaware's oldest shellfish fishery was, and still is, based on the commercial harvesting of wild oysters. Indians were known to barter with oysters, and early historical records are full of accounts which mention the abundance of oysters in Delaware (Hora, 1957). Oysters were initially plentiful and like shad, cheap enough to be utilized as a sta-ple food item by the early colonists. In 1799, oysters sold for two shillings per bushel, the same price quoted by William Penn in the 1680's. The Delaware oyster industry expanded after World I.-lar II, and the landed value of oysters in Delaaare amounted to 2.7 million dollars in 1954. The entire Delawaxe oyster industry was destroyed in 19158 by a raicroscoDic oyster disease organism that became known as MSX* The oyster industry in Delaware was reasonably large until the time when MSX destroyed it. There were several oyster shucking houses, oyster landing facilities, and a fleet of about 15 large oyster dredge boats that were used to plant and harvest oysters. During the 20 years that have elapsed since MSX destroyed the industry , most of the industry support facilities have been abandoned. There are only seven or eight boats remaining in Delaware and approximately the sam e number of Dersons still active in the business. 5. All three of Delaware's large commercial fin fisheries are now history, and it is unlikely that shad, sturgeon, or even menhaden might be the object of intensive commercial fisheries in Delaware in the future. The oyster industry has been partially subsidized by the state government, and the industry will most likely continue to survive. However, the oyster industry that now exists in Delaware is not likely to again become a prominent commercial fishery. The decline in all four of Delaware's histo-ric commercial fisheries is in Dart related to a general decline in fishery resources and the various leaislative statutes that have been C@ enacted to either encourage or discourage the commercial utilization of the fishery resources. The Delaware legislature at various times passed la:ws that defined net mesh sizes, fish size limits, seasons, etc. Various finfish laws were drafted in attempts to regulate and manage various fish species, but a large portion of the finf-ish laws were special interest legislative acts that benefited local or politically oriented individuals within the state. The state legislature clearly omitted designating any state agency as a regulatory authority or an enforcing agency for marine finfish laws. Consequently, commercial finfish laws in Delaware have become confusing, conflicting, and generally ignored. The history of the early oyster laws and the later shellfish laws were often more specifically special interest legislation. However, in 1943, the Delaware legislature did establish the Delaware Commission of Shellfisher-Jes, the third such commission 6. to be established. -This shellfish commission was given 'Lull control and direction of the state shellfish industry which was primarily oysters at that time. The commission was designated to be responsible for the protection of all shellfish within the state. The shellfish commission consisted of an executive secretary and four other commissioners, all appointed by the governor in office. Two of the five commissioners*were required to be directly engaged in the shellfish business in Delaware. While it may have been desirable to have persons on the shellfish commission who knew about shellfish, the commissioners were placed in the position of'managing state shellfish resources on which their own private businesses were based. Consequently, Delaware shellfish regulations have historically favored intensive and almost exclusive commercial utilization of the state shellfish resource, often at the expense of this resource. The Delaware Commission of Shelifisheries was dissolved in 1970, and its responsibilities were transferred to the Division of Fish and Wildlife in the De-oartment of Natural Resources and Environ- mental Control. Now, the DNRIEC clearly has the legislative authority to regulate and manage the shellfish resources of the state. The Department has gained considerable experience in effective management of the shellfish 'resources and has learned.to compromise with the political involvement that previously dominated management of the shellfish resources. However, the Department still does not have the legislative authority to manage marine and anadromous finfish 7. within Delaware waters, and the state legislature has hist I,- orically demonstrated a pronounced reluctance to designate a marine fin fisheries regulatory authority. Status of Fish and Shellfish Stocks in Delaware Fourteen species of fish and shellfish have been identified as currently or historically important to the commercial and/or recreational marine fisheries of Delaware. The recreational fishery for tuna and billfish that occurs from 30 to 100 miles off the Delaware Coast is an important recreational fishery in Delaware, but the status of these sDecies has not been assessed because management or utilization of these stocks is entirely outside the jurisdiction of the state's territorial sea. . Nearly all Delaware's commercial and recreational fin fisheries are now based on the seasonal migration of fish into Delaware waters duri.-ng the spring and summer months, and the migration of these fish out of Delaware waters during the fall and early winter months. Throughout the history of all the fin fisheries in Delaware, there have been extreme fluctuations in the species composition of the commercial and recreational catches. At various times, winter flounder, scup (porgies), northern kingfish (king whiting), blowfish, cod, and Atlantic croaker have been important in commercial and recreational fishery landings in Delaware. In recent years, nearly all these fish have virtually disappeared from Delaware waters with the notable exce-otion of the croakers that have just recently returned after being essentially absent for a period of nearly 15 years. The marine finf'ish resources in Delaware have never been properly managed due to the lack of designated regulatory authority. Commercial fishing licenses have never been required except for the 1974 requirement of a $100 license fee for menhaden steamers fishing in Delaware waters and the 1978 requirement of commercial eel fishing licenses. Delaware watermen have submitted commercial fishery larding data to the fisheries statistics br anch of the National Marine Fisheries Service on a voluntary basis. While the accuracy of the voluntarily reported commercial fish catch might be questioned, this landing data at least gives some indication of the relative abundance or lack of fish during each year. Prior to the early 1950's, there were only a few persons in Delawa.re who ovined boats of any description. There were practically no privately o-vrned power boats, and only a small*number of party and charter boats were actively enc-a-ed in marine s-oortfishi= activity. Most marine spor-'@-,fishing was conducted from shores and piers, and more dedicated marine anglers rented rowboats from boat liveries and rowed to fishing grounds near Port Penn, Woodland, Bowers, Slaughter, Broadkill, Lewes, Rehoboth and.Bethany Beaches. Outboard motors were rare, undependable and of low horsepower ratings. In Delaware, the initial surge in increased marine recreational C) fishing pressure began in the mid 1950's when outboard motor manu- facturers began to produce reliable outboard motor-- that develoDed 25, 30 and even 40 horsepower. Boat manufacturers began to produce relatively ine--@pensive fiber.-.1as and aluminun boats. A large portion of the new boat owners in Delawa-re apparently purchased boats in order to c-ain access to the more Droductive fishinn, areas in Delawa--e 4-Bay C) and the Atlantic Ocean. The numbers of small and large privately owned fishing boats, party and charter boats increased steadily from the ffiid 1950's through 1968. Recreational boat fishing pressure nearly doubled during the period from 1968 to 1973 (Miller, 1977). The commercial landings of several coastal fish species has continued to decline as recreational fishing pressure on the species has increased. In recent years, the annual recreational or sport fishino- catch of some coastal fish sDecies is estimated to exceed annual commercial landings by six to twelve times. Delaware's four major marine shellfish resources include two s-oecies of molluscs and two species o.L crustaceans. The oyster and hard clam resources are not migratory, and these resources occur entirely within state waters. The major crustacean resource is the blue crab which does migrate, but nearly all the migration occurs in or near Dela,.,.,are .;aters. Commercial harvesting licenses are required for harvesters of each major shellfish sDecies, and the reporting of catch and effort data has become mandatory. Here again, shellfish landing CD data have not always been accurate. On more than one occasion, the buyers of hard clams were found guilty of grossly under-reporting hard clam harvestino- because a state landina tax of '@.15 per thousand - tD 0 Q clams was assessed the clam buyers and not the clam harvester. In recent years, the recreational fishing effort. on hard clams and blue crabs has increecsed, and effective management of these resources will reauire additional catch and effort data from recreational shellf-ishermen. 10. The major shellfish resources in Delaware have been regulated by and for commercial shellfishing interests for such a long period of time that many commercial shellfishermen feel they have.exclusive rights to harvest state shellfish resources. Howeve2@, these state shellfish resources may have been over-exploited at the expense of the resources. Reviews of the 14 selected fisheries species will begin with the marine shellfish resources, primarily because they have been more or less regulated for many years, and consequently there is much more local documentary evidence concerning these resident marine resources. AMERICA2N OYSTE."R (C-assos-lu-rea virginica) RESOURCE IN DELAWARE Archaeological evidence indicates that oysters have existed in Delaware for many millions of years. The fossilized shells of -he banks of the Chesapeake extinct oysters commonly found along 4. and Delaware Canal are estimated to be about 80 million years old. More recent fossil oyster shells suggest that the American Oyster (Crassostrea virginica) began to evolve around 50 thousand years ago. The oysters that inhabit Delaware waters at the present time appear to be the same type of oyste-r that has been naturally abundant in local bays and rivers for the past several hundred years. Algonquin Indians from west of the Mississippi migrated east into Pennsylvania, Dela,,%rare, Maryland and New Jersey. The numbrous Indian shell mounds and kitchen middens indicate that oysters were abundant and used for food extensively by the Indians. Indians also dried oyster meats and sometimes stored live oysters in earthen pits similar to outdoor root cellars. Oyster shells were also used to temper pottery. Nearly all early historical records and maps of Delaware refer to islands and extensive banks of oysters throughout Delaware. Oysters were undoubtedly abundant,.easily obtained, and cheap enough to be utilized as a staple food item by early colonists. The oyster dredge was introduced into Delaware Bay around 1800 by New Englanders seeking seed and market oysters to plant on their private oyster beds. On Pebruary 12, 1812 Delaware enacted its first shellfish law in an attempt to restrict oystering to vessels owned within the state. Virginia had prohibited dredging in 1811, and Maryland restricted dredging activity in 1820. C;> CD 12. Delaware's first shellfish law and subsequent legislative acts restricting the industry were seldom observed because of lack of enforcement. Throughout the history of the fishery, legislative attempts to manage the resource have been thwarted by special interest groups who have managed to obtain exemptions in local areas and sometimes com-olete repeal of restrictive laws. During the period from 1830 to 1835, acts were passed to prohibit the dumping of refuse in Kispillion Creek, set fines for breaking oyster laws and resisting arrest, harvesting more 0 C:> than five bushels of oysters at certain locations and establishing a closed oyster season in the creeks J"'rom May 16 to August 15. In legislative action passed in 1851, oyster dredging was prohibited. In 1871, the Delaware legislature passed a comprehensive series of oyster laws dealing with leasing, dredging, tonging, licensing 1..) 0 C) I I taxation, etc. These new laws established a provision for oyster plantations of 15 acres each. Annual plantation rents were ';>"25, and the vessel workin- the -Qlantation was assessed $3 De.- ton. CD Provisions were also made for azi oyster watch boat to patrol the waters night and day from March 1 to September 1 in order to protect the oyster plantations. The east line dividing public oyster grounds and the southern leasable plantation grounds was also established. State revenues from oysters amounted to @4,900 in 1872. Toward the end of the 1870's, seed oysters from Maryland and .Virginia were extensively planted in Delaware Bay. During the 1879-80 planting season, 700,000 bushels of Chesapeake seed oysters were planted on Delaware oyster plantations. In 1878 eighty sloops 1'3. and schooners were registered to work in Delaware, and in 18-0, this number had dropped to 68. In 1891, the na tural oyster beds in the creeks were reserved mainly for oyster tongers. In 1905, an act was passed which permitted only sailing vessels to take oysters from the natural oyster beds.,-In 1909, a commission was created to look after oyster interests. The oyster commission of 1909 was responsible for obtaining the first accurate survey of natural oyster beds in Delaware which was performed by H. F. Moore in 1910. The planted oyster grounds were surveyed by Captain Charles C. Yates who reported that 6,593 acres of Delaware Bay bottom were leased to oyster planters. The Moore survey indicated that the natural oyster beds in Delaware had been exploited and much of the culch (shell) material had been removed by oyster harvesters. Moore recommended the planting of oyster shells and the enforcement of rough cull harvesting laws. The Delaware oyster industry of the late 1800's @-.,as owned and operated main ly by Philadelphians who owned or leased oyster grounds in Delaware and New Jersey. Most of the oysters that were harvested were sold out of state, either in Philadelphia or Baltimore, and later through Maurice River Cove in New Jersey. Many Delaware oyster planters formed partnerships with New Jersey oyster dealers. Prior to 1922, most oysters were shipped to markets in the shell or in hermetically sealed cans. The practice of shucking oysters and shioping fresh shucked oyster meats began in New Jersey and later shifted to Maryland. The typhoid epidemic in Chicago in 1925 was attributed to consumption of polluted oysters that had been harvested from Chesapeake 14. Bay. Adverse publicity linking typhoid with polluted oysters destroyed consumer confidence in all oysters. Oyster consumption dropped to nearly zero, and it was almost impossible to sell oysters for several years.. A cooperative shellfish sanitation program consisting of the U. S. Public He.alth Service, state and local health agencies, and the commercial oyster harvesters and processors-was developed in 1927. This program established strict sanitary standards for shellfish growing waters, shellstock shipping and approved shellfish processing methods. The shellfish sanitation program is still in existence, and through the years, the program has done much to restore consumer confidence in purchasing molluscan shellfish. The per capita oyster consumption data available suggest that the oyster industry never fully recovered the extensive oyster market that was lost because of the typhoid epidemic. in 1930, Governor Buck appointed another oyster commission to study "the statutes and the general condition of the industry". This commission also reported that the natural oyster rocks had been depleted, the best leased oyster grounds were owned and operated by non-residents, and that nearly all Delaware oysters were being sold outside the state. During the depression years, oyster production in Delaware was low because of the lack of sufficient quantities of seed oysters on natural beds and also because of a lack of money to purchase seed oysters from Maryland or'Virginia. In 1939, Galtsoff reported 44 oystermen operating ten or eleven oyster schooners in the Delaware oyster industry. In 1939, state revenue from oyster industry in Dela%.,,a--e amounted to $4,450. 15. In 1942, Delaware oyster planters requested that the U. S. Biological Survey investigate high mortalities in adult seed oyster populations on the natural oyster beds. Oystermen suspected that channel dredging activities were responsible for the unexplained oyster mortalities. In 1943, the legislature established the Delaware Commission of Shellfisheries. In natural oyster bed investigations conducted in 1943, Prey reported that the rough cull law was still not being enforced. Prey also noted that due to the war and the manpower shortage, power dredging had been allowed on the natural oyster beds, and Frey suspected that power dredging was contributing to the depletion of the natural oyster beds. Prey also noted that most of Dela,..iare'3 seed oysters were sold to New Jersey. In 1947, oyster growers in Rehoboth Bay requested the U. S. Bioloo-ical Survey to investigate exces*sive oyster mortalities in Rehoboth Bay. From 1943 to 1949, the number of oyster shucking houses in Delaware increased from one to six. Extensive oyster mortalities occurred i-n the natural oyster beds again in.1950, but oyster planters were still able to harvest 425,000 bushels of seed oysters. The natural bed seed oyster catch declined to 100,000 bushels in 1951 and then dropped to 1,500 bushels in 1956 forcing closure of the beds. From 1951 through 1956, Delaware oyster planters made extensive plantings of seed oysters obtained from Virginia. In 1956, the Delaware oyster industry was valued at five million dollars (Miller, 1962). Actually, the highest reported Delaware landings occurred in 1954, when 4.3 million pounds 16. of oyster mi@ats valued at 2.7 million dollars were recorded. The second highest Delaware landings occurred in 1957 when 4.2 million pounds of oyster meats valued at 2.2 million dollars were recorded. The MSX disease destroyed the industry in Delaware in 1958. In 1959, Delaware in conjun ction with New Jersey imposed an embargo an the importation of out-of-state seed-oysters. Reported landings of Delaware oysters from 1947 to 1978 are shown in Table 1. In 1961, seed oysters in the natural oyster beds began to show some signs of resistance to MSX. Succeeding year classes of natural bed seed oysters became more, but not entirely, resistant to MSX. In 1963, the state spent $150,000 for planting and cleaning C> shells on the natural beds. In 1965, the natural beds were opened to seed harvesting for a short period, but the seed oysters that were planted did not survive well. In 1968, a moderate spatfall occurred in the natuzal beds, and a short seed oyster harvesting season was allowed in 1970. In 1970, a large spatfall occurred throughout most of the natural beds in Delaware Bay. The rec.ent history of seed oyster harvesting and market oyster harvesting in the Delaware Bay is shown in Table 2. The Delaware Commission of Shellfisheries was disbanded in 1970, and the responsibilities of the Commission were transferred to the Department of Natural Resources and Environmental Control. The Division of Fish and 'Wildlife has monitored s-oatfall in the natural beds since 1970. State shellfisheries biologists have recently announced that spatfall in the natural beds during the summer of 1978 was abundant enough to revitalize the Delaware oyster industry 17. TABLE 1 COT,2,IERCIAL OYSTER LAIIMINGS IN DELAWARE Year Lbs. of O@ Tster @Teats Dockside $ Value 1947 4plO5,900 lt418P132 1948 2t850POOO 1P077t4OO 1949 211909000 8659250 1950 2114ltOOO 911,800 1951 21266,000 1@047t660 1952 21252,300 1,150,925 1953 31141P300 1,564,642 1954 4t340,000 2P725,520 1955 39290,400 lt603P700 1956 1,893,600 782@850 1957 4,194,200 29226,720 1958 2t410,100 1,717t262 1959 295,000 158t785 1960 176,200 119p683 1961 32,900 189791 1962 809600 60,488 1963 40t4OO 25,086 '1964 44P700 26t984 1965 34,100 28,000 1966 45POOO 379000 1967 61,000 40pOOO 1968 43t2OO 41t376 1969 50,700 38,014 1970 216,000 1329844 1971 3159000 202,500 1972 508t8OO 413,367 1973 392,800 342,923 1974 175,900 160,725 1975 195,000 2269751 1976 262,300 38Ot7OO 1977 127t5OO 196,190 1978 68p257 97,510 18. TABLE 2 BUSHELS OF OYSTERS PLATE= AND HARVESTED IN DELAWARE Bushels of Value of Harvested Bushels of Seed Market Oysters Oyster Meats Year Oysters Planted Harvested Per Pound 1947 650,000 586t557 $ .35 1948 7009000 475,000 .38 1949 8359000 365,000 .40 1950 600,000 356,833 .42 1951 190,000 '377,667 46 1952 155tOOO 300,307 .51 1953 490,000 392,662 .50 1954 520,000 5429500 .63 1955 468tOOO 4lls3OO .49 1956 3069000 2369700 .41 1957 676,484 .53 1958 4779248 .71 1959 45,385 .54 1960 26,697 .70 1961 49301 .57 1962 12,257 .75 1963 6p196 62 1964 6,877 .6o 1965 5,052 .82 1966 6t923 .82 1967 8P764 .66 1968 6,636 .96 1969. 72800 .75 1970 189600 339231 .62 1971 43POOO 45vOOO .64 1972 77t975 72,000 .81 1973 41,095 56t114 .87 1974 52,060 32,157 .91 1975 l6p625 27PS57 1.16 1976 24,425 37P471 1.45 1977 21,725 18,214 1.54 1978 14p280 9v751 1.43 19. in 1980. 14hether or not the Delaware oyster industry will ever regain a portion of its former prominence is questionable for the following reasons. More than 20 years have passed since MSX destroyed the Delaware oyster industry in 1958. Since that time, nearly all the oyster industry support facilities in the state have been abandoned or allowed to disintegrate. New oyster shucking houses would have to be constructed in order to meet upgraded state and federal public health requirements. Waste water and wash water would require extensive and expensive treatment. The part-time seasonal labor (shuckers, casual labor, boat crews, etc.) is no longer available. Oyster boat crew members cannot be obtained in Delaware. During the past nine years, it has been necessary to recruit and hire boat crews from without the state for seed and market oyster harvesting activities in Delaware. The Delaware oyster fleet of the 1950's was characterized by old, but serviceable, boats. Since that time, many of the oyster boats have been sold or abandoned. Formerly, oyster boat owners could use their boats to harvest oysters for several months during the year. Then, if they were so inclined, they could dredge for clams or crabs for several more months. Since these shellfish have been in short supply recently, dredging activity for these alternative species is not likely to increase in the near future. Recent seed oyster harvesting seasons have been short (15 - 20 days), and the time required to harvest planted oysters has also been short (15 20 days). Large portions of. the formerly leased oyster 20. grounds have been-abandoned and have reverted to state ownership. The number of persons actively engaged in the oyster industry has dwindled to approximately 12 persons who are generally operating father/son.type businesses. During the past nine years, oyster production in Delaware has more or less consisted of a relaying operation. Marketable and near-marketable size oysters have been dredged from natural beds and Dlanted on leased beds for periods of three to five months. During the fall, and depending upon the condition of the oysters C3 - I and the oyster market, the planted seed oysters are dredge harvested and marketed to oyster shucking houses. There is ample documentary evidence that a good portion of the previously existing natural seed oyster beds in Delaware have 0 been carried away by indiscriminate seed and market oyster harvesters. The Delaware oyster industry has always required large volumes of seed oysters annually, and the records show that natural oyster beds were inca-oable of continuously providing enough seed oysters to satisfy the industry even during the days of sail dlredging, During times when Delaware seed oysters were scarce, Delaware planters often obtained inexpensive out-of-state seed oysters that cost them less than $1/bushel planted in Delaware. Now, it is doubtful that a bushel of oyster shells could be purchased out of Delaware or even purchased within the state and planted in Delaware Bay for less than Sl/bushel. 21. Production of oysters on natural oyster beds is sporadic, and the fact,that Delaware natural beds have been able to survive more than 70 years of sail dredging pressure is indeed noteworthy. The ability of any natural oyster bed to survive continuous and effective power dredging pressure is questionable. More than 2.75 million bushels of oysters and shells were removed from Delaware natural oyster beds during the period from 1946 to 1950. In 1953, the seed oyster harvest had dropped to only 20,000 bushels, and the natural beds contained no significant amounts of oysters until the spatfall of 1970, a period of more than 25 years. The 1970 set was commercially significant, but no appreciable spatfall occurred again until 1978. Consequently, seed oysters were once again in short supply in 1977 and 1978. If the 1978 set had not occurred, the future for the Delaware oyster industry would be grim. Of paramount immortance to the industry and to the resource managers is the two-year survival rate of the spat that set, in 1978. 'The State of Delaware has more or less subsidized the Delaware oyster industry since the early commercial development of the industry in 1871. Early state regulations favored industrial utilization of oysters, and although the natural oyster resources are technically owned by the state, the oyster industry has traditionally held control of the resource. More recent oyster regulations (1976) which aaain were written with the consent of the industry, now stipulate that, "All oysters removed from natural oyster beds in Delaware must be deposited in Delaware on shellfish grounds leased from the DeDartment or on public tongina- areas.". With the exception 22. of the one public tonging area (non functional for several years), Delaware oysters can now be marketed only from Drivately leased oyster grounds.- The state legislature has always been interested in the oyster industry and has attempted to maintain and improve the industry through various legislative acts including the appointment of various commissions, subsidies and special appropriations. It appears that various persons in.the Delaware oyster industry have always had powerful support in the state legislature, and the passage of recent legislation gives some indication of the industry's continuing political clout. Effective management control of the oyster resource will be difficult because the industry has exercised control of the resource for such a long period of time. However, recent biological evidence and updated surveys by professional shellfish biologists should provide the needed safeguards to conserve these resources. 23. HARD CLAM (Mercenaria mercenaria) RESOURCE IN DELAWARE Lower Bays - 1.1ehoboth and Indian River Days Indian River Bay is a typical drowned rive r estuary, while- Rehoboth Bay is classified as a typical bar-built embayment (Karpas, 1978). Prior to the 19201s, the waters of the Indian River and Bay system flowed through the barrier beach to the Atlantic Ocean through several alternative and naturally eroded channels. Severe storms would temporarily close the natural inlet cuts while subsequent storms and increased rainfall in the river drainage system caused the river and bay waters to break through the barrier beach at alternate locations. The Assawoman Canal, connecting Indian River Bay and Assawoman Bay, was dug in 1889. The purpose of this canal was not for trans- portation but primarily to drain the wetlands of Baltimore Hundred. The Lewes-Rehoboth Canal, connecting Rehoboth Bay and Indian River Bay with Delaware Bay, was completed in 1913. This canal was constructed primarily for transportation. The construction of both these canals has been blamed for the permanent closing of the Indian River Inlet during the 19201s. During the period when the Indian River Inlet was closed, most of the oysters and clams in the lower bays died, and lower bay waters became fresh enough for the survival of fresh water fish (Horn, 1957). The present day location of the Indian River Inlet was opened by a violent storm in 1938 and stabilized with bulkheading in 1939. Stabilization of the inlet increased the salinity in the lower bays with a resulting increase in natural populatioms of oysters, hard clams and soft-shell clams. The soft-shell clams were among the 24. first marine bivalves to colonize the more saline lower bayse Initially, recolonization of bay bottoms by hard clams occurred in the vicinity of the newly created Indian River Inlet. Subseq uently, hard clams became distributed throughout the saline portions of the lower bays while soft-shell clam populations decreased and all but disappeared. No significant soft-shell clam populations have been found during the past 20 years, The commercial hard clam fishery in the lower bays began around the late 1940's and was subject to the regulatory authority of the Delaware Commission of Shellfisheries. Initially, commercial and recreational clp-mimers were legally allowed to harvest clams from areas that were not leased as oyster bottom. Hand harvesting methods of signing, treading, wading, hand raking, bullraking and hand tonging tD C) C. CD were, and still are, the only legal methods of commercially harvesting clams in the lower bays. Early illegal use of Shinnacocking (raking CD C) clams with a po,.-ier bcat) led to a specific law (1941) prohibiting the harvesting of lower bay clams by any harvesting method involving mechanical power. Co=ercial clam tongers were permitted to hand tong clams on leased oyster ground only if they obtained permission from the leaseholder. The Shellfish Commission issued commercial tonging licenses to Delaware residents, only, for a fee of @5 annually, This tonging license enabled the harvester to tong oysters on public beds in creeks and rivers and also tong or rake up to 1,000 clams daily in the lower bays. The licensed tonger could harvest clams during the entire year in the lower bays, but harvesting activities were restricted to daylight hours and prohibited on Sunday. J 0@ 25. Hard clams were not abundant throuahout the lower bays. until five or ten years after the stabilization of the present Indian River Inlet in 1939. In 1947, the marketability of large hard clams increased, but at that time, there was -no strong market demand for small clams. Th e Shellfish Commission was oyster production oriented, and hard clams were considered to be a nuisance on the oyster grounds in the lower bays. As a consequence, there has never been a management plan for the hard clam resource in the lower bays until just recently. In the ha-rd clam survey of the lower bays performed by -the Unive--sity of Delaware in 1967 (Humphries and Daiber, 1968), the potential clam producing area surveyed in Rehoboth Bay is reported as 9,31.2 acres and that of Indian River Bay as 9,064 acres. In 1948, no areas in either bay were closed to shellfish harvesting because of, or as a result of, bacteriolo-ic pollution. Large sections of Rehobot-h and Indian River Bay were leased to individuals for oyster production during the mid 1940's. In 1948, Shellfish Commission records show that 3,164 acres, or approximately 34qo" of Rehoboth Bay, had been leased for oyster production. At the same time, approximately 1,143 acres, or 12070 of Indian River Bay, had been leased for oyster production (Miller, 1962). Nearly all the leased oyster grounds were in the deeper offshore portions (6 - 7 feet) of the lower bays. Recreational clamming has always been permitted in the lower bays. Delaware residents were legally allowed to harvest 100 clams 26. a day, including Sundays, for personal consumption. It appears that the first commercial clammers worked only part-time. As the marketability of all sizes of clams increase d, more of the part-time clammers began to harvest clams continuously throughout the warmer months of the year. As oyster production declined, former oyster producers and some of the more industrious commercial clammers became clam buyers. Clams in the lower bays were, and continue to be sold by 'he number of clams and not by the bushel measure as is prevalent in some other clam producing states. Generally, clam harvesters sold their entire catch, regardless of size, to clam buyers for a specified price per thousand. Early prices ranged from $10 to $)14 per thousand and did not surpciss 'i'520 Der thousand until after 10,60. Serious problems with oyster production in the lower bays bec-an in the 19501s, and mass oyster mortalities due to MSX began in 1956. No significant oyster production has occurred in the lower bays since 1959. Subsequently, all the leased oyster rrolznd in Rehoboth Bay and nearly all the leased oyster ground in Indian River Bay reverted back to state/public ownership. In the mid 19501s, hundreds of local Delaware residents were supplementing their incomes C> by wading and raking clams in the more shallow portions of the lower bays, Harvesting pressure from full and part-time commercial and recreational clammers reduced near shore populations of clams. Reported commercial clam landings declined to only 77,000 pounds in 1962. The March 1962 storm did have some influence on the reduced 27. landings. Fortunately, in 1961 and 1962, a substantial set of CD juvenile clams occurred throughout the lower bays. No significant clam set has been reported in the lower bays during the last 16 years, and the importance of the 1961-62 clam set will be seen repeatedly in the mid 1960's landings and also in the size distribution of clams collected in 1.0167 (Humphries and Daiber, 1968) and also in 1976 (Cole, 1976 a,). In 1965, bull rakes were first used for harvestin's clams in the lower bays. Bull rakes enabled commercial clpmmers to harvest larger areas in the deeper waters, and the reported 1965 clam . 01 landings reflect the increased effectiveness of this harvesting 0 CD method. Since 1965, there has been a fluctuating overall decline in the reported landings of clams from the lower bays. In 1978, reported clam landings amounted to only 46,200 pounds of meats valued at @0'5,142. The National 1,,'Iarine Fisheries Service publishes annual fishe@ries landing statistics. Their information is obtained through the cooperation of state agencies and personal contact with fishermen and fish buyers throughout the United States. Table 3 presents the most accurate r.ecord of hard clam landings that has been reported in Delaware during the past 32 years. Reliable data pertaining to the catch of commercially haxvest,,ble -o obtain. Watermen are naturally natural resources is difficult t reluctant to furnish information to state and/or federal officials who might one day use this information to restrict 28. TABLE 3 REPORTED ':L,U, I--'IT,,VI LCNIDINIGS iN DELAT'I@LRE (Quantity: Pounds of Meat Weight) Value: Dollars Paid Harvesters Hand Harvested Dredge Harvested Rehoboth Bay & Public & Private Total Year Indian River Ba,7 Dela,,vare S-Iv-ate Landings 2uantity Value Ouanti Value Quantit,,,r Value 1947 9,000 3POOO - 92000 3,000 1948 112t6CO 44,820 45,000 18tOOO 157,600 62,820 1949 59,800 18,268 189,000 579750 248t8oo 76PO18 1950 142,300 419550 666toOO 162,300 808,300 203,850 1951 135,200 38,430 777,000 273,600 912p200 312tO3O 1952 140,400 419700 360,100 lOOtO37 500,500 141,737 1953 405,000 227,710 459000 25,290 450POOO 253tOOO 1954 429t3OO 214p650 5190"00 2598QO 48Op9OO 240,450 1955 112tOOO 42@000 232,000 111,000 444,000 153,000 1956 584t7OO 190toig 219,000 66v7OO 803,700 2559719 1957 318,200 .101,370 197,000 55,352 515t2OO 156,722 1958 2179500 74,350 104,900 29,425 322t4OO 103,775 1959 214,700 80,520 128,500 45,786 343,200 126,306 1960 173,800 75t955 310,500 116,424 484,300 192,370, 1961 214,500 93t870 367,700 137,880 582,200 2319750 1962 77tOOO 33t197 301@100 112,905 378,100 146,102 19-163 81,600 33,122 180,500 73,333 262,100 106,455 1964 164,200 81,675 253,800 103,119 418,000 184t794 1965. 326,500 169t385 369900 l5tO12 3632400 184,39/7 1966 264tlOO 140,280 - - 264tlOO 140t280 1967 257,500 137,508 40,900 16,624 298,400 1549132 1968 181t500 99,025 57P300 23,293 238@800 122,318 1969 96,900 53,928 38t6OO 15,994 135p5OO 69,922 .1970 88,700 55,810 - 88t700 55,810 1971 112p9OO 75t4OO - - 112t9OO 75,400 1972 89,700 689987 - - 89,700 68,987 1973 63,400 539805 - - 63P400 53,805 1974- 1019000 949710 - - 101tooo 94t710 1975 34p4OO 32,000 - - 349400 32tOOO 1976 51,600 539,617 - - 51,600 53,617 1977 379900 579131 - - 379900 577131 1978 46,200 65,147 - - 46,200 65,147 TOTAL 5t297p9OO 2t5279'792 49602v4OO 195859-024 9,900,300 4tll3t4l6 *Data not avalilable/-no landings reported 29. the activities of the waterm-an or increase the levy.the waterma-n might pay for the privilege of utilizing a natural resource. Part-time earnings by many individuals axe often considered to-be supplemental income, and as such, are not always reported for state and federal tax purposes. In Delaware, when the lower bay hard clam resource was regulated by the Shellfish Commission, commercial clammers were not required to record or report their clam catches. Clam buyers were required to pay a shell tax of .15/thousand clams bought. Generally, Delaware clam buyers under-reported the volume of clams actually bought in order to avoid payment of the state shell tax. Since 1970, the hard clam resource has been regulated by the Division of Fish and Wildlife of the Delaware Department of Natural Resources and Environmental Control (DIMC), and since 1977, licensed commercial clammers have been required to submit a record of their annual clam catch. In 1977, the fee for a commercial clam license was increased to $50 annually, and the daily commercial clam harvest limit was increased from 1,COO to 2,500 clams per day. A $5 non-commercial clam permit enabling clammers to harvest, but not sell, 500 clams per day was made available at the same time. The increase in the commercial clam license fee and the commercial clam harvesting limit was requested by the full time commercial clammers who were attempting to reduce the activi-'U--y of part-time commercial clammers. It is readily apparent that no one will ever Imow the true volume of hard clams that have been removed from the lower bays. 30. Some appreciation of the number of persons involved in commercial harvesting cw@ be obtained from Table 4, where U. S. and state records of lower bay clam harvesters are depicted. Table 3. data shows that reported clam landings from the lower bays reached a high of 584,700 pounds in 1956 and then declined to landim-s of only 77,000 pounds in 1962 and 81,600 pounds in 1963. Data from Table 4 shows that according to U. S. Fishery Statistics, the number of regular, casual and total clam harvesters also declined during that period. The total number of clam harvesters, regular and casual, increased significantly in 1965, the year bull rakes were first intro duced, and coincidently, the year when the 1961- 62 year class of clams had attained a minimal marketable size. The 1961-6.2 class of clams was responsible for landing increases that began in 1965 and continued to 1971. The relative abundance of the 1961-62 year class was also responsible for the prec ipitous increase (951/16) in the number of casual clam harvesters. The general tonging licenses issued by the Delaware Commission of Shellfisheries could be used for oystering or clamming. Early fluctuations on the sale of tonain-- licenses reflect the opening C) CD C> and closing of natural oyster beds in tidal rivers. The clam tonging licenses issued by DITREC since 1975 were strictly for hand CD CD methods of harvesting clams. The slight decline in '10'50 clam licenses in 1978 is not significant but does indicate that sales 31. TABLE 4 LICENSED CLAI',I HARVESTERS IN DELAdARE Lower Bay Clam Harvesters Lower Bay Co=ercial Clam Licenses (U.S. Fishery Statistics) Issued by- State Regulatory Authorit-,,r Year Reg-ular Casual Total $5 License $50 License 85 Permit 1947 - 11 11 132 1948 25 35 60 209 1949 30 17 47 154 1950 36 45 81 114 1951 35 75 110 96 1952 10 27 37 ill - - 1953 23 37 60 187 - - 1954 20 45 65 191 - - 1955 21 6 27 191 - - 1956 51 87 138 61 - - 1957 78 172 250 97 - - 1958 74 186 260 250 - - 1959 107 237 344 127 - - 1960 62 206 268 180 - - 1961 60 213 273 - - - 1962 40 103 203 - - - 190`3 40 104 144 - - - 1964 40 125 165 - 1965 95 180 275 - 1966 95 193 288 - 1967 123 301 424 - 1968 110 281 391 - 1969 102 340 442 - 1970 88 393 481 - 1971 100 376 476 - 1972 84 282 366 - 1973 54 142 201 - 1974 53 148 201 - 1975 165 397 1976 - 370 - - 1977 - 69 143 1978 66 83 *Data not available 32. of commercial clPnminE, licenses will probably continue to decrease in 1-979. More significant, and more indicative of the decline in the lower bay hard clam population is the 58% decrease in sales of the $5 clam harvesting permit. Apparently, many of the permit holders were unable*to harvest much more than 100 clams per day in 1977. Recreational harvesting of hard clams in the lower bays began in the mid 1940's when hard clams became abundant. Recreational harvesting pre ssure has increased with recreational development in the area. Recreational clam harvesting limits of 100 clams per day per person were not cousidered restrictive when clams were abundant. Since the recreational limit also applied to children, entire families went on clam-ning excursions, often catching 1,000 or more clams without requiring a license. The recreational clammers have never been required or requested to submit catch records to state officials much to the chagrin of the commercial clammers who are now reauired to furnish this information. The volume of clams harvested recreationally is not knovrn. There seems to be little doubt that substantial numbers of Delaware residents and visitors DarticiDate in rec--eational clamming. In a survey of marine recreational fishing in Delaware per@ormed in 1976 (Miller, 1977), 78,407 man days of recreational clamming was repo rted for the lower bays during t-he period April 1 through October 31, 1976. Recreational clamming presziare may have slightly decreased recently along with the decreasingavailability of near shore and smaller size clams. 33. There has been a surprisingly large number of scientific studies performed in the lower bays. Some of the earlier biological studies were revi ewed in 1969 by Daiber. More recently, Jensen (1976) reviewed the scientific data that had been Dublished and prepared an annotated bibliography of the scientific literature available at that time. Only two scientific surveys of the hard clam population in the lower bays have been performed. The first shellfish survey of the lower bays was performed by the University of Delaware during the summer of 1967 and reported in 1968 (Humphries and Daiber, 10,68). The sampling stations were established in Indian River Bay and Rehoboth Bay along a true north-south, 500-yard grid system. Standard oyster tongs were used to make two grabs of the bay bottom covering an area of five square C) feet at 393 stations throughout the bays. The Humphries and Da-iber samDlin,- method consistinc, of standard oyster tongs was not efficient C3 C) in collecting clams that were buried deeper than three o_- four inches in the bay bottom, and oyster tongs were not effective in catchino- clams smaller than 1-i inches. Analysis of Humphries' data shows that 320 clams, three scallops, no oysters (not surprising), and one surf clam were collected from a total of 393 stations of five square feet each. Humphries did not collect any clams at 238 stations. All the clams collected in the Humphries survey were measured and assigned to one of the eight commercial size categories. Humphries found that clams in the'commercial size of eights and thousands, ranging in size from 22' to 3@2- inches (6.4 to 8.9 cm.), were most abundant 34. and accounted for azDroximately 6577-6' of the estimated standin,-- d-rop. HumDhries r--ave standing crop estimates of approximaLlely 116,80.4 bushels (935,152 pounds) for Indian River Bay and 103,827 bushels (519,135 pounds) for Rehoboth Bay. During the period from August 1975 to August 1976, a similar survey was performed (Cole, 1976 P_.) by DNREC. Cole sampled the lower bays on a magnetic north-south, 500-yard grid system. Involving 338 stations, Cole used divers equipped with a hand-held Venturi suction. dredge. The divers used the suction dredge to remove all the clams and sediment inside a one square meter frame to a depth of one foot. Sediments and all clams larger than 3/8 inch were retained for analysis. The diver-Venturi dredge bottom sampling method is considered to be the most accurate method available for sampling in-faunal benthic organisms. Analysis of Cole's date C) indicates that 947 clams were collected from the total 338 sampling' J_ sUations, of one square meter each. Cole did -not collect any clams at 92 sampling stations. Cole's square meter sampling areas were CD more than twice the size of the five square foot areas sampled by Humphries and Daiber. Considering the thoroughness of Cole's collectin;:,- method, Cole should have been able to collect considerably more clams than Humphries and Daiber if the abundance of clams had remained relatively stable. Cole also measured all clams for length frequency distribution, and he found that approximately 65'/'0 of the clams he collected ranged in size from about 3- 1/8 inches to 4-5/16 inches (8 - 11 cm.). Lacking, local clam growth daia, Cole utilized o-rowth data from Massachusetts 35. and surmised that the predominant size (6-4 8.9 cm.) clams collected in the 1967 survey by Humphries and Daiber had increased in size (8 - 11 cm.) by 1975-76 but were still the most abundant size clams from which the bulk of the entire clam population was composed. There appears to be little doubt that the dominant size clams collected by Humphries and Daiber in 1967 and the dominant but slightly larger size clam collected by Cole in 1975-76 were survivors of the massive natursal clam set that occurred in 1961-62. Cole found few clams less than 2 cm. in size. Clams that set naturally in the lower bays appear to require a minimum of three growing years before attaining the minimal legal harvesting size of lJ inches (3.8 cm.). The lack of significant numbers of sub-legal clams as evidenced by Cole's survey, clearly indicates that clam populations will continue to decrease through 1979 and most likely well into the 19801S. Nearly all the ten states that harvest hard clams along the Atlantic Coast of the United States report low level recruit- ment of juvenile clams in areas that are harvested regularly. High level recruitment appears to occur only occasionally and is sometimes sufficient to's ustain-a sizeable commercial and recreational clam fishery for a number of years (Ritchie, 1976). In the lower bays, low level recruitment should not be attributed to lack of adequate brood stocks. Sizeable brood stocks exist in areas-that are closed to harvesting for public health reasons. Even in areas that are harvested regularoly, harvesting 36. Dressure is selective in that both commercial and recreational.. harvesters seek clams of the more desirable smaller size. Recreational clnT-,-,,.e--s can only ut4Llize a small numbe.- of the large chowder size clams, and many are not interested in harvesting any of the larger size clams. Commercial clam harvesters also try to avoid harvesting the larger size clams because clam buyers do not ordinarily like to buy large clams. Clam buyers are now paying clam catchers around @.11.each for small clams (cherrystones and little necks) and only 3.05 each -for chowder size clams. Poor recruitment is generally attributed to environmental conditions that adversely affect the successful spawning and subsequent survival and growth of larval and juvenile clams. Recent hydrographic data (Karpas, 1978) and flushing rates for Indian River Bay and Rehoboth Bay indicate that planktonic clam larva should have amDle time to set in the lower bays before being lost through Indian River Inlet. Low level clam recruitment is not likely to be due to increased Dredation because the DoDulation size of several known hard clam Dredators has been reduced. Blowfish, or puffer fish, (SDhero-ides macalatus), known predators of small hard clams, have been absent from the lower bays since 1973. Whelks, or conchs (Dusycon s-o.), are now caught commercially by traps and dredges outside the Inlet. Blue crabs (Callinect--s sanidu-.) are recreationally caught in co=ercial type crab pots throughout the lower ba s to a CD y degree that approaches directed commercial effort. Even the lowly horseshoe crab (L-imulus sp.), a suspected juvenile hard clam 37. predator, is now collected (females only) for baiting eel pots throughout the lower bays and tributary cree'6-s and rivers. Hatchery techniques for the production of large volumes of juvenile hard clams are well established (Loosanoff and Davis, 1963), but juvenile clams must be protected from predation and dislocation for one or more years. Economically feasible methods of protecting juvenile hard clams have been reported (Castagna, 1970), and juvenile clam planting experiments have been conducted in Rehoboth Bay. The first seed clam planting experiments were conducted by the University of Delaware in 1972-73 (I@eck, 1973). Keck used crushed sea clam shell as aggregate to protect small (1 - 3 mm.) seed clams and obtained a survival rate of 47% during the first year. However, in subsequent planting experiments of more than 1,000,000 small clams, survival ranged from one to fifteen percent. The most recent clam planting experiments were also conducted in Rehoboth Bay in 1976 by DNTREC (Cole, 1976 b.). Cole conducted planting experiments in sub-tidal water similar to the experiments conducted by the University of Delaware. Cole reported a one year survival rate'of less than one percent. Cole was unable to continuously monitor the experiment due to the water depth. Although clam mariculture attempts have been unsuccessful thus far, these clam planting experiments should be repeated in severall intertidal are-as. Although ideally suited intertidal areas are not abundant in the lower bays, there are a number of areas where clam planting experiments could and should be conducted. 38. In summary, there appear3 to be substantial evidence that the hard clam populat-ion in the lower bays (Indian River Bay and Rehoboth Bay) has been reduced significantly. Evidence is seen in reduction of reported commercial clam meat landings and also in the number of harvesters involved in the commercial clam harvest. Perhaps, one of the better indicators of clam stock depletion is the increased price that clam harvesters are receiving for their clams. There are only a few shallow water areas in the lower bays where clam mariculture efforts might be successful. Natural resource management requires the following five basic types of information: 1. Reliable information rega--ding*the relative abundance of the resource. 2. The rate of resource renewal by growth. 3. The rate of resource renewal by reproduction. 4. The rate of resource removal by natural causes. 5. The rate of resource removal by commercial and recreational harvestin-. It can be seen that most of the basic information is not available at the D-"esent time, and some of the information on harvesting might never be obtained. The commendable hard clam survey that was conducted in 1975-76 clearly should have been repeated annually in order to obtain continuinc- reliable data reo-ardino, resource 0 M 01 availability. The relative abundance of clams in wild populations fluctuates'naturally, and although the causes for population fluctuations are unknown, it is unlikely that the causes can be 39. controlled even thoua-h' they might be suspected (McHugh and MacMillan, 1976). The clam populations in the lower bays are approaching what might be the lowest re:=ded level of abundance. Increased harvesting pressure, or any improvement in harvesting efficiency or effectiveness can only cause a more rapid decrease in the resource. The regulatory agency must assume a stronger role in effective management of the resou-rce, initially by obtaining more factual CD information about the resource and also by the continuation and expansion of experimental clam maricultare. Utilization of hard clam resources has been controlled mainiy by hard clam buyers and harvesters who have used their influence to pass legislation pertaining to hard clam harvesting. Existing clam regulations should be re-evaluatled for the benefit of the resource. In evaluatin- the validity of the 'Lew remaining leased oyster CD C) grounds in Indian River Bay, resource management officials should seriously consider the -Cact that the lower bays have produced only a few insignificant volumes of oysters during the past 20 years, and it is highly unlikely that any production of oysters will occur in the foreseeable future. Seed oysters will continue to be scarce and/or too ex-pensive to plant in large quantities in areas where recreational boating pressure is increasin g and the bacteriological content of the water is likely to increase. Although the near shore clam populations have been decreased by commercial and recreational harvesting, the deeper portions of both bays still contain reasonably heavy concentrations of large chowder size clams and commercial quantities of small clams in a few areas. 40. Hard Clams in Delaware Bay During pre-colonial times, American Indians harvested hard clams along the shores of Delaware Bay. T he clam meats were utilized as food, and the clam shells were used to make jewelry and wampum. Early Delaware colonists (Miller, 1962) also gathered clams f.rom the more shallow portions of Delaware Bay. More recently, inter-tidal populations of hard clams existing at the mouth of the M.ispillion and the Murderkill Rivers were reported (Horn, 1957). In 1959, schematic maps of subtidal commercial hard clam grounds in Delaware Bay and sh ort discussion of the commercial clam fishery were published (Shuster, 1959). A survey of the hard clam resource in Delaware Bay was conducted by the University of Delaware in 1971-1972 (Keck, 1974), and the decline and virtual cessation of the Delaware Bay commercial clam fishery was reported by Cole (Cole, 1976 c.). Poultry and meat shortages during and immediately after @,,'orld War II led to the increased development and unprecenden-IL-.ed production of clam products. Initially, the clam meat processors preferred to utilize the meats of the larger chowder size clams. A record total United States landing of 21.5 million pounds of hard clam meats occurred in 1947. Total U. S. hard clam meat landings gradually declined to around 15 million Dounds in 1954, and total hard clam meat landings have averaged around 15 million pounds for the past 24 years (Ritchie, 197.6). Large scale utilization of hard clams from Delaware Bay began in the late 1940's when the marketability of larc-e volumes of clam meats occurred. Recent increases in the landed value o f hard clams may enable the lower bays to support a limited commercial fishery for several more years. 41. Prior to World War II, the Delaware oyster dredge fleet was composed of sail-powered vessels. During and after the war, the sail-Dowered vessels were converted to gas and diesel-powered dredge boats. Apparently, in the late 1940's, hard clams were relatively abundant in natural clam beds as well as on leased and vacant oyster grounds throughout Delaware Bay. Oyster dredge boat captains developed a heavier type oyster dredge with longer teeth for harvesting hard clams in the bay. The size of the clams that were harvested was generally large, and nearly all the commercial clam catch was sold to the Campbell Soup Company. The highest recorded Delaware Bay hard clam harvest occurred in 1951 when 777,000 Dounds of clam meats with a dockside value of $273,0600 were landed. If the standard conversion factor of eight pounds of clam meats per U. S. Standard Bushel is used, the C, volume of' the record 1951 dredge catch would have amounted to 97,125 C:@ Standard U. S. bushels of clams valued at approximately $2.82/bu. In 1-0,53, clam meat landings had declined to 330,000 pounds, and in 1967 Delaware Day landings amounted to only 40,900 pounds. The commercial hard clam dredae fishery ceased to operate around 19066-67, when existing wild clam stocks became depleted. Ironically, Delaware Bay dredge clammers were only receiving about $3/bu. when Campbell Soup Company (the only buyer) began using surf clam meats for chowder processing. Hard clams that are harvested from Delaware Day are not usually as valuable as the clams harvested from the lower bays,as shown in Table 5. 42. TABLE 5 COILPARATIVE -PER POTNTD, VALUE OF C-LAM ?@CHATS Rehoboth Bay & Public & Private Year Indian River-Bay Delaware Bay 1947 $ .33 - 1948 .40 .40 1949 .31 .30 1950 .29 .24 1951 .28 .35 1952 .30 .28 1953 .56 .56 1954 .50 .50 1955 .37 .48 .30 1956 .32 1957 .32 .28 1958 .34 .28 1959 .37 .36 1960 .44 .37 1961 .44- .37 19062 .43 .37 1903 .41 .41 1904 .50 .41 1965 .52 .41 19066 .53 - 1907 .53 .41 10,68 .54 .41 1969 .56 .41 1970 .63 - 1971 .67 - 1972 .77 - 1973 .85 - 1974 .94 - 1975 .93 - 1976 1.04 - 1977 1.51 - 1978 1.41 - 43. Keck (1974) reported the collection of only 1,270 hard clams with a total of 336 clam collectin@- dredo-e tows. Keck did not C> CD collect any clams in 216 of the 336 dredge tows. Furthermore, 375 Petersen Grab samples (0.1 meter area) yielded only ten juvenile clams. Keck did report, commercial quantities of hard clams azound Old Bear Shoal and Joe Flogger Shoal. Some Delaware watermen s-Deculate that Keck's survey did not locate several areas of high clam concentration throughout the bay. If significant hard clam DoDulations had existed in Delaware Bay, the boats that regularly dredge for oystoersq crabs, conchs, mussels, or clams would most likely have found larger numbers of hard clams. In summary, it appears that the waters, and quite possibly the bottom of Delaware Bay, axe not suited for appreciable natural production of hard clams at the present time. Years ago, environ- mental conditions might have been more conducive to the survival and growth of hard clams in Delaware Bay. The clams that were harvested from 1949 through 1964 were basically old clams and long-time survivors of year classes that could have occurred 15 or even 30 years ago. 44. BLUE CRAB (Callinectes sazidus) R.ESOURCE IN DELAWAaE Blue crabs evolved in shallow and temperat e estuarine areas along the eastern and Gulf Coast of the United States. Blue crabs .developed during the lower laocene Deriod (more than ten million years ago). Even today, significant populations of blue crabs exist only in areas from which they appear to have evolved. The geographic range of the blue crab is along the East Coast of the United States from Cape Cod to Mexico. Blue crabs have been found as far north as Nova Scotia and as far south as Uraguay. They have been introduced into European waters where they have survived, but. they have not been found to be abundant exce-ot within their historically geographic range in the waters of the United States. Apparently, blue crabs are able to tolerate only the -temperature extremes that occur within their normal geographic range. Mature hibernating blue crabs in Delaware Bay are. often killed when bottom temDeratures reach critical levels associated with ice coverac@e during severe winters, but mature and juvenile crabs in shallow bays and rivers are seldom killed by winter ice cover. In a similar manner, blue crabs are sometimes killed by prolonged exposure to critically warm water. Delaaare and New Jersey are the northernmost states in which blue crabs occur in commercial auantities. Self- sustaining blue crab populations do not occur in cold waters north of New Jersey or in warm waters south of Texas. The blue crab fishery is the largest crab fishery in the .United States. In terms of both commercial and recreational value, 45. blue crabs are one of Delaware's most valuable shellfish resources, In 1976, commercial crabbers in Delaware landed 3,650,300 pounds of crabs, valued at $1,155,013. In 1977, the commercial crab catch amounted to.only 880,400 pounds, a reduction of more than 75% of the previous year's total. The commercial volume and value of Delaware blue crab landings are shown in Table 6. Recreational crab catch data is difficult to obtain in Delaware as well as many other states. The volume of crabs caught commercially or recreationally during any year is dependent upon the relative abundance of crabs. The lack of crabs has been the subject of much speculation and many scientific investigations. Blue crab scientists-agree that the relative survival of a year class of progeny is the most important 'factor contributing to the abundance of crabs one year later. There are many compley. environmental factors and some harvesting factors that c,,:-,,i exert a Drofound influence on the survival of various year classes of crabs. The recreational catch of crabs at Woodland Beach and other locations along the shores of Delaware rivers and bays indicates that blue crabs were quite abundant in the state prior to the expansion of the commercial fishery in 1947. Early commercial harvesting methods consisted almost entirely of baited trotlines and dip nets. During World War II, the sail-po;-.,ered oyster dredge boats were allowed to install motors for power dredging. In 1947, many of these vessels began to dredge for crabs during the winter months. The crab pots or traDs that now const.itute the only warm water method of crab 46. TABLE 6 COM14ERCIAL BLUE GRAB LANDINGS IN DELAWARE Hard Crabs Soft Crabs & Peelers Total Year Pounds Dollars Pounds Dollars Pounds Dollars 1947 1,248,300 150tOOO 3,000 1,000 1,251,300 151,000 1948 lt459tOOO 152,950 8,700 2t7OO 1,467,700 155,650 1949 2,233,000 207,350 57,600 18,912 2t2010,0600 226,262 1950 4t4ll,600 215,240 9,500 3 , 025 41421,100 218@265 1951 4,646,000 328,710 6,500 2,008 41652,500 330,718 1952 11250tOOO 142,350 4,400 1,100 1,254,400 143t450 1953 lt728,000 223tOOO 2,000. 2,000 1,7309000 225,000 1954 2,912,000 253,000 3,000 2,000 219159000 255,000 1955 2,811,000 249,000 8tOOO 41000 2,819,000 253tOOO 1956 3,578,000 422,000 2,000 2tOOO 3,580,000 424,000 1957 4,922pOOO 416,000 1,000 1 000 41923,000 417@000 1958 21454,000 186@000 19000 @1) 2,455,000 1869000 1959 lt6509000 156tOOO -0- -0- lt650tOOO 1569000 1960 2,109pOOO 220tOOO 40,000 11@000 2,149@000 2319000 1961 759,000 522000 54,000 159000 813,000 67,000 1962 1,884,000 119tOOO 26,000 9,000 1,910,0CO 128,000 1963 522,000 34,000 39000 1,000 525,000 35,000 1964 313,000 32,000 2,000 11000 315,000 339000 1965 546tOOO 43,000 12 000 4 000 558,000 47,000 1966 571@000 49pOOO @1) @1) 5719000 49,000 1967 288,000 34,000 -0- -0- 288,000 34,000 1968 223,400 39,745 -0- -0- 223,400 39,745 1969 509,700 62,072 2,0600 lp651 512t3OO 63,723 1970 608@200 106,802 11800 ltl02 610,000 107t9O5 1971 ltO13,800 202t890 99200 5,292 1,023,000 208,182 1972 2,552,000 671,700 10,500 7,560 2,562,500 679,260 1973 2,373,400 653,550 17,700 12,690 2,391,100 6606,240 1974 29247,700 401,541 72,600 52,245 2@32OP300 453,786 1975 3t550,800 782tQ88 33,800 240367 3,584,600 807,355 1976 3t565,100 .1,075,093 85,200 79,920 3,650,300 1,155tO13 1977 862t2OO 3019700 189200 38,500 880,400 3409200 1978 333t5O4 145PO42 12,144 309388 345,048 175,430 47. harvesting in Delaware Bay were introduced in 1948. In Delaware waters, cra@ pots soon proved to be fa-- superior to the older trotline harvesting methods, and by 1960 trotline methods of harvesting were obsolete. The relative proportion of crabs commercially harvested by various harvesting methods is shown in Table 7. Throughout the years, commercial crabbers in Delaware have landed significant quantities of crabs, but the dockside value of Delaware crabs has been low until just recently. There have been various explanations for the previous and generally consistent low dollar value for crabs harvested in Delaware. The principal argument has been that Maryland and Virginia dominate the regional crab market and that crab processing firms within these states purchase Delaware crabs only when their own local supplies are scarce. It is true that Delaware does not have, and apparently has never had, any processors of blue crabs. Crabs caught by the winter dredge fishery consist almost entirely of female crabs, and nearly all of these crabs used to be sold to crab processors in other states. Traditionally, the potted crab catch has been purchased by small, independent buyers who in turn sell the Delaaare crabs to Philadelphia and New York markets, as well as to restaurants and bars that specialize in serving steamed crabs. Recently, there has been a marked and unprecendented increa.se in the number of establishments that specialize in serving steamed crabs both seasonally and throughout the year. The recent increase in the landed per-pound value of Delaware blue crabs is shown in Table 8. 48. TABLE 7 DELAWARE CONICERCIAL BLUE CRAB CATCH BY GEAR (POUNDS) Soft & Peeler Hard Crab Winter Year Trot 'Lines Pots & Nets Pots Dredged 1947 4209000 31000 - 828,300 1948 397,000 81700 1629000 9001000 1949 195839000 57,600 5049000 147,000 1950 2239000 99500 536,900 39651,700 1951 150t600 6t5OO 642t3OO 3,853,100 1952 4,400 9509000 3009000 1953 21600 lt300,000 427P500 195@- 39400 2,572,500 338,400 195@ 60t2OO 109500 29148,600 6009000 1956 35,700 2t3OO 21221,200 1,320,800 1957 46,000 1,500 3,164,500 lt7ll,100 1958 17,600 500 lv260,000 1,176,000 1959 3,700 - 1,113,700 532,600 1960 5@600 402000 1,561,400 542,200 1961 - 53,700 628,500 130,900 1962 - 25t9OO 11675,400 209vlOO 1963 - 3,400 256,100 266t2OO 1964 - 2t3OO 273tOOO 40,300 1065 - 129000 545,600 - 1966 - - 388t6OO 182,400 1967 - 2539600 34?300 1968 223,400 - 1969 - 2p6OO 462,000 479700 1970 - 19800 6087200 - 1971 - 9,200 19013,800 - 1972 - 10,500 29504,000 48,000 1973 - 17,700 2,334,000 39,400 1974 - 72,600 lp906,900 340,800 1975 - 33P800 - 1976 - 850200 1977 - 18,200 - 1978 - l2t144 333,504 49. TABLE 8 LANDED PER POUND VALUE OF DELAWARE BLUE CRABS Year Price/lb. Year Price/Lb. Year Price/Lb. 1947 .12 1958 .08 1968 $ .18 1948 .11 1959 .09 1969 .12 1949 .10 1960 .11 1970 .18 1950 .05 1961 .08 1971 .20 1951 .07 1962 .07 1@972 .26 1952 .11 1963 .07 1973 .28 1953 .13 1964 .10 1974 .20 1954 .09 1965 .08 1975 .22 1955 .09 1966 09 1976 .32 1956 .12 1967 .12 1977 .39 1978 .51 50 The number of persons actively en.,aged in the Commercial crab fishery varies directly in relation to the abundance of crabs, and more recently in relation to the value of cra bs. At the present time, and for a number of years now, the blue crab has been the state's most valuable shellfish resource. Since 1971, commercial crab landings have been much more valuable than the landings of oysters, hard clams, or lobsters. The blue crab fishery employs more Delaware residents by far than 'any-other commercial fishery. Delawareans are involved in a number of commercial crabbing activities including, but not'limited to, boat captains, crew members, boat hull and motor maintenance, crab pot building, bait catching and crab shedding activities. More recently, the increased value of Delaware crabs has resulted in a significant increase in the number of fulltime and part-1-lime commercial crabbers. The number of licenses issued for potting and dredging crabs is sho@,rn below in Table 9. C> TABLE 9 CRAB POT AN@ CRAB DIREDGE LICENSES IN DELA'J@_IRE Date Crab Pot Crab Dredge 1970 28 - 1971 25 - 1972 43 - 1973 66 - 1974 77 - 1975 94 17 1976 106 33 1977 79 26 1978 40 - 51. The 1976 commercial blue crab catch of 3.65 million pounds was the fourth largest volume reported, and the.1-15 million dollar value of the catch was by far the highest value ever reported for crabs landed in Delaware. More units were involved in harvesting crabs in 1976 than in any other year of record. There has been speculation that the bl.ue crab resource is being over harvested. The winter of 1976-77 was severe, and cold water temperatures could have killed a large portion of the over-wintering population of female crabs. Crabs were predictably scarce in 1977 and in 1978. The winters of 1977-78 and 1978-79 were also severe, and consequently many over-wintering female crabs could again have been killed by critically cold temperatuxes. Surprisingly, blue crab populations that inhabit the lower bays (Indian River and Rehoboth Bay) do not appear to have been damaged during the record cold winters. rLnhe lower bays and all tidal rivers have been reserved for recreational crabbing, and commercial crabbing within these waters is prohibited. Recreational crabbers still crab with hand lines, but many have switched over to the utilization of the more effective crab pots. No one is allowed to use more than two commercial crab pots in order to catch crabs for personal consumption, and they are restricted to haxvesting no more than one bushel per day. Crab Pot Fishery At the present time, blue crab populations can be harvested with legally sanctioned harvesting methods during eleven and a half 52. months of the year. Crab potting is an effective m ethod of catching crabs in Delaware Bay, and the crab potting season extends from March 1 through November 30. Landing records show crab pots to be effective in catching "sooks", "peelersti, and "jimmies". The crab dredging season extends from December 15 through March 31 of each year. The winter dredge fishery has proved effective in catchi.n- "sooks" (mostly fertilized females), and some male crabs. There is some auestion as to whether a winter crab dredge fishery is desirable or advisable, and there are those who think that expansion of the crab pot fishery should be curtailed. There are questions pertaining to harvesting methods and their impact on the resource. Winter Dredge Fishery The winter crab dredge fishery was started by oyster dredge boats that were rigged for dredging. During winters when crabs C:) tD were abundant, private fishing boats installed temporary dredging equipment and entered the crab dredge fishery. Today, the oyster dredge fleet has been reduced to only a few dredge boats that still form, the nucleus of the crab dredging fleet. Several winter crab dredge fishermen are also actively involved in the crab Dot fishery during the warmer months of the year. It has been reported that the winter dredge fishery is justifiable because a certain portion of the bedded female crabs is not likely to emerge-from semi-hibernation. It has been argued that a large portion of the bred female crabs will be caught in 53. the spring by the crab pot fishery. Biologically, it would be almost impossible'to prove or disprove that the winter dredge fishery is especially damaging to the resource. Economically, the crab pot fishery is much more valuable to the state than the winter dredge fishery. More persons are involved in the crab pot fishery, and the per-pound value of potted crabs is higher than the value of crabs dredged during the winter. The Delaware Bay blue crab population has been reduced, possibly by over harvesting and definitely by the damaging effect that three successive severe winters have had on the over-wintering female crab population. In view of the current economic value of the blue crab resource, the winter crab dredge fishery, since it -benefits only a few fishermen, should be reevaluated. During the past ten years, recreational crabbers have increasingly used commercial type crab Dots. The number of recreational pots fished in the lower bays might approach the number used in commercial crabbinc- locations. This type of recreational crab fishing should also be evaluated to insure that crab populations in the lower bays are not over-harvested. 54. AMERICAN LOBSTER (Homarus WARE americanus) RESOURCE IN DELA' The geographic range of the American lobster extends from southern Labrador to CaDe Hatteras. Within the geographic range, the lobster-resource is divided into the northern inshore population and the Mid Atlantic offshore population. American lobsters are also commonly called Maine or northern lobsters The genus, Homarus, evolved to inhabit cool boreal waters of high salinity and rough or rocky sea floors that offer food and protection. The Delaware Coast generally lacks rocky habitat that lobsters require, and inshore lobster populations exist in Delaware only within the confines of man-made habitats such as stone .breakwaters and remains of shipwrecks. Apparently, lobsters were attracted to the breakwater in Lewes soon after it was constructed in the late 1800's. An account of the oyster industry in 1902 states that with the formation of the brealvaater, lobsters and black fish (tautog) came there in quantity. Early landing information sucrcrests that the lobster Do-julations inhabitin- the breakwaters CDC) C) in Lewes have fluctuated. The commercial catches that have been reported have ranged from a high of 39,000 pounds to less than 1,000 pounds. The commercial lobster fishery in Lewes was closed from the early 1950's until the late 1960's, when it wa3 reopened. Recent commercial lobster landinas are shown -in.Table 10. In 1976, lobster fishin- regulations were revised, and a $50 fee for a lobster fishing license is now required. 55. TABLE 10 COMIMERCIA-L LOBSTER LANDINGS FOR DEMAWARE Year. Pounds Dollars, 1969 1970 - 1971 30tOOO $41,250 1972 22oOOO 36,500 1973 29t5OO 51v400 1974 26P300 54,675 1975 27,300 48,800 1076 26,200 55t310 1977 18,200 38,500 1978 30v8OO 70,340 ------------------------------------------------------------------- Inshore Landings Offshore Landings Year Pounds Dollars Pounds Dollars 1971 309000 $41p250 197-9 22,000 369500 - - 1973 28pooo 49POOO 1@500 $ 2@400 1974 15,000 33P750 119300 209925 1975 - - - 1976 1977 - 1978 5tOOO 25,800 56. Although suitable natural lobster habitat does not exist along the nearshore Delaware coastline, such habitat does exist .g the Canyon edges in water depths ranging in offshore waters alor from 50 to 100 fathoms. A few lobsters have always been taken incidentally in the commercial potting of sea bass within the 20 fathom line. In 1973, one Delaware boat entered the offshore lobster fishery. In 1978, two boats were potting lobsters offshore and landing their catches at Indian River. During 1978, the inshore Delaware lobster fishery consisted of five licensed fishermen who fished out of Lewes, Delaware. Total reported inshore catch was estimated to weigh approximately 5,000 pounds. Lobstering inshore in Delaware is basically limited to the outer breakwaters at Lewes. Fishing effort will most likely continue to increase and decrease in direct relation to the catchability of the lobsters within this relatively small area. Lobster fishery init4 regulations Lated in 1976 are basically sound and should be continued. The size of the inshore resource is ouite small, and the U Existing small commercial fishery is part-time and almost casual. regulations provide for a two-pot-per-person recreational fishery which has not yet been utilized to any great extent. The offshore fishery is conducted from 20 to 70 miles offshore and entirely ouUside Delaware's current jurisdiction. The offshore resource is probably being over fished at the present time. 57. WEAKFISH (Cynoscion regails) RESOURCE IN DELAWARE Weakfish in Delaware are more commonly called trout or sea trout. These fish are normally inhabitants of Delaware's bays and coastal waters only 'during the warmer months of the year (April to October). Weakfish inhabit Atlantic coastal waters from Massachusetts to southern Florida, but the major population center extends from Rhode Island to North Carolina. Delaware Bay might be one of the major weakfish spawning areas along the Mid Atlantic Coast. Weakfish have been the predominant fish caught by Delaware Bay recreational fishermen for a number of years (Lesser, 1968; Martin, 1973). In a 1976 survey of marine recreational fishing in Delaware, weakfish accounted for 40 percent of the entire sportfish catch, and weakfish were ranked as the state's most important marine recreational fish (Miller, 1977). Weakfish may well be the most valuable state marine resource at the present time. In the 1975 national survey of hunting and fishing, it was estimated that marine anglers in Delaware spent approximately 25 million dollars annually. It is conservatively estimated that approximately 50 percent of the total recreational marine fishing activity in Delaware is directed toward weakfish. Therefore, recreational fishing for weakfish in Delaware could have a value in excess of 12 million dollars at the present time. Weakfish have not always been abundant in Delaware waters, and the exceptionally large fish that, have been caught in and 58. near Delaware Bay during the past seven years are definitely larger and much mor,6 abundant than any previous records indicate. During the mid 1940's and until 1972, the trout Do-oulation in Delaware Bay and surrounding waters was composed mainly of young fish ranging in age from one to four years and generally ranging in size from one-half to two and one-half pounds. Three-pound fish were rarely caught by commercial or recreational fishermen. In 1969, the minimum qualifying weight for weakfish in Delaware's sportfishing tournament was three pounds, and only one trout qualified that year. Extensive commercial trout landings were made by haul seines, fyke nets a-rid gill net fishermen immediately after World War II. 0 The small fleet of trawlers that o-oerated within Delaware Bay from 1942 to 1966 relied heavily on trout landings, and the trawlers were largely --responsible -for record commercial trout landings that occurred in 1949 and 1955 through 1957 (Table 11). As Delaware Bay trout became relalt,-ively less abundant during "'he period 19360 to 1971, haul seines and fyke nets became obsolete, and commercial trout fishermen began to rely almost entirely on staked or drifted gill nets. Commercial netting of trout in Delaware usually occurs in early spring before trout can be caught by hook and line fishermen. The comin-ercial value of trout usually droDs soon after recreational fishermen begin to catch large quantit-ies of trout. Commercial net fishermen claim that recreational fishermen depress commercial fish values when they sell.recreationally caught surplus fish to restaurants and fish buyers. 59. TA3LE 11 COMIIERCIAL WEAZFISH LANDINGS IN DELAWARE Averag Year Pounds 8 Value Price ound 1947 582,100 35t549 o6 1948 639,300 51,168 .08 1949 1,038tOOO 29p835 .03 1950 573v4OO 589100 .10 1951 666,200 71@839 .11 1952 281,100 20,388 .07 1953 732tOOO 50tOOO .07 1954 369,000 629000 .17 1955 lt579,000 123YO00 .08 1956 958,000 57tOOO o6 1957 11282,000 719000 o6 1958 325,000 339000 .10 1959 182,000 21,000 .12 1960 8,000 itooo .13 1961 134YOOO 24,000 .18 1962 143,000 16yOOO .11 1963 148,000 17,000 .11 1964 127@000 14tOOO .11 1965 221,000 219000 .10 1966 90,000 91000 .10 1967 8,000 ipooo .13 1968 4t5OO 517 .11 1969 21,300 3,102 .15 1970 147,100 30 1980 .21 1971 212v900 41tl2l '19 1972 406,300 42,766 .11 1973 334tOOO 841070 .25 1974 280,900 649049 .23 1975 289,800 66t367 .23 1976 2469000 63oO53 .26 1977 332vOOO 709332 .21 1978 2999400 67,694 .23 6o. Prior to 1972, the so-called tide runners.that were occasionally caught by recreational fishermen at nicht seldom weighed more than four pounds. This size trout was also occasionally caught in commercial nets. Trout populations in Delaware remained at relatively low levels during most of the 1960's and did not show any significant increase in numbers until 1971. The first indication of' a dramatic increase in the number of large trout returning to Delaware Bay 01 occurred in 19-12, when four and five-pound trout suddenly began to CD appear in gill nets. Recreational fishermen were able to catch these laraer trout on artificial luxes several weeks earlier than they normally catch the smaller size trout. In 1972, the state C.) ore pounds. awarded 971 citations for trout weighing three or ir - I Apparently, several successful trout spai-rning years occurred during the late 1960's and early 1970's because many of the trout returning to Delatiare Bay after 1972 returned as much larger fish. The nu,.-Iber C) and s.i--e of lar--e -aeakffish in Delaware increased after 1972 to such an extent that it became necessary to increase the minimum citation qualifying weight to 3.5 pounds in 1973, seven pounds in 1974, and ten pounds in 1976. Trout that are spawned in Delaware Bay during the late spring spend their larval and juvenile lives in upper Delaware Bay and lower Delaware River. Large numbers of these tiny trout are sometimes trapped on screens covering cooling water intakes for refineries and power plants. In investigations performed by the 61. Delaware Division of Fish and Wildlife, it was found that thousands of trout, spot, menhaden and perch juveniles were trapped daily on cooling water screens at the Getty Refinery near Delaware City. Similar investigations of the cooling waters at the Salem Nuclear Power Plant disclosed that 0.5 million juvenile weakfish were entrapped daily during most of July 1978 (Public Service Electric and Gas Company, 1978). Trout juveniles and also adult trout leave Delaware estuaries during the late fall and migrate south and offshore to over-winter somewhere off the Carolina Coast. The nine or ten-inch trout that return to Delaware are sexually mature and about one year old. The reproductive capacity of weakfish appears to increase significantly when fish attain weights of four or more pounds. The 1978 year class of weakfish spawned in Delaware Bay might be the largest reproductive year class that has ever been recorded. Existing, but currently unenforced, weakfish regulations require that haul seine meshes not be less than two inches and gill net meshes not less than two and three-quarter inches. The minimal legal weakfish size in Delaware is ten inches total length. Present day gill net fishermen have expressed a desire to be licensed and a willingness to identify their fishing gear. They also have expressed a strong desire to prohibit recreational fishermen from selling their surplus catches. In the summer of 1976, large schools of trout were found in the Atlantic Ocean outside Delaware Bay and from five to eleven miles off the Delaware Coast. Increasing numbers of party, charter and private recreational fishing boats fished for these large trout outside Delaware's three-mile territorial sea. BLUEFISH (Pomatomus saltatrix) RESOURCE IN DELAWARE The bluefish is an inhabitant of inshore and offshore waters along the Atlantic Coast from Nova Scotia to Uruguay. Blue- fish have been unusually abundant in the mid Atlantic region for a long time, and the average size of the fish within the population also appears to have increased. Mature fish spawn at the surface of offshore waters during April and IMay in the area from North Caro- lina to Florida. In the mid Atlantic region, from Cape Hatteras to Cape Code, spawning occurs from June through August (Wilk, 1977). In the spring, large bluefish schools migrate northward into Delaware Bay and nearby Atlantic Ocean waters during the month of May. The fish remain in or near Delaware.waters until late fall when they migrate southwaTd to offshore over-wintering areas somewhere off the coast of Florida. There are no directed commercial net or commercial handline fisheries for bluefish in Delaware, although such fisheries do exist in the coastal states from North Carolinato New York. The landed value of bluefish in Delaware has'averaaed around ten cents per pound, and the sale of recreation- ally caught bluefish throughout the summer months keeps prices down and gluts the market. The reported commercial bluefish landings in Table 12 are actually incidental fish that are landed by commercial net fishermen attempting to catch more valuable fish such as trout or striped bass. The size of the bluefish stocks along the mid Atlantic coast of the United States has fluctuated widely throughout the history of the fishery. Historical records indicate that bluefish 63. TABLE 12 C01,11,1ERCIAL BLUEFISH LA.'LTDINGS IN DELAWARE Year Pounds Value Avg. Price/Lb. 1968 400 72 .18 1969 -0- -0- -0- 1970 -0- -0- -0- 1971 -0- -0- -0- 1972 600 90 .15 1973 2,700 410 .15 1974 5,900 990 .17 1975 15,000 21202 .15 1976 llt700 1,920 16 1977 329100 31231 .10 1978 40p400 5t552 .14 64. populations tend to gradually increase over a period of years and rapidly decrease to lower levels for a number of years. The present day bluefish stocks appear to be larger, and the size of some of the fish within the population is definitely larger than has ever been recorded in the past. Persons who have seen the bluefish come and go state that bluefish have remained abundant for a longer period of time than ever before. Although bluefish do not now have, and apparently have neirer had, a particularly high market value to the commercial fishery, more recreational fishermen actively fish for bluefish than for any other fish along CD the mid Atlantic coast. More boats are chartered for bluefishin- and more private boats, surf and jetty fishermen regularly fish more often for bluefish than for any other fish. In lower Delaware, and especially Indian River Inlet, bluefish have been the most reliable fish during the past ten years for charter boats. Bluefish can usually be caught when other fish refuse to bite. In sha--p contrast to the low commercial value of bluefish (around $.10/lb.) recreational fishermen hold bluefish in high esteem, and it is estimated that the recreational value of bluefish in Delaware is more than $1/lb. 6.5. SIPMHER FLOUNDER (@-@'aralicth-@-s dentlatus) RESOURCE IN-DELAWkRE The normal range of the summer flounder, or fluke, extends from New England to northern Florida. Summer flounder reside in shallow coastal and high salinity estuarine waters during the warm months of the year, and most fish migrate to offshore water depths of'20 to 100 fathoms durin- the colder winter months. Spawning occurs during the fall and winter as the coastal fish populations are movini- to offshore over-wintering grounds (Bigelow and Schroeder, C) 1953; Poole, 1966). Summer flounder in Delaware normally begin to enter high salinity bays and rivers during the early spring (April - May). Summer flounder were caught in commercial quant-ities bT the small fleet of trawlers that CD fished within Delaware Bay from the early 1940's until the mid 1960's. Substantial commercial landings we re made during some years as shown in Table 13. Almost C:@ all the sir-,nificant commercial flounder landings were made.by the CD trawling fleet wh,ich ceased after 1966. More recently, in the spring and sometimes in the fall, a few summer flounder are caught incidentally in gill nets that have been set for shad, weakfish, croaker or striDed bass. Summer flounder were not abundant in Delaware Bay during the late 1960's and early 1970's, but incidental commercial landings began to increase in 1975 when the recreational slimmer flounder catch also began to improve. Nearly all the mid Atlantic commercial flounder catch is landed by coastal trawl fishing vessels that fish for flounder that 606 TABLE 13 COMMERCIAL I.ALNDINGS OF SUMMER FLOUNDER IN DELAWARE Year Pounds Value 1947 46,300 7p935 1948 l5vOOO 3,000 1949 8v3OO 11245 1950 24,600 3t485 1951 19,800 3,120 1952 69t2OO lOv73O 1953 53tOOO litooo 1954 219000 3,000 1955 26,000 31000 1956 60,000 gtooo 1957 48,000 79000 1958 209,000 28,000 1959 95,000 13@000 1960 44,000 59000 1961 76,000 .11,000 1962 24,000 4@000 1963 l7vOOO 3,000 1964 16@000 4,000 1965 25,000 6pooo 1966 13POOO 3@000 1967 -0- -0- 1968 -0- -0- 1969 -0- -0- 1970 -0- -0- 1971 -0- -0-' 1972 -0- -0- 1973 100 18 1974 -0- -0- 1975 4,700 1,320 1976 3,300 990 1977 4P500 2tlll 1978 500 205 67. are over-winterinc, in deeD water offshore. The coastal trawlers 0 - I follow the flounder that migrate to inshore areas during the the late fall. The warmer months and ac-ain offshore during inshore and shallow coastal bay recreational flounder fishery is no less intensive, and in 1974, summer flounder were ranked as the third most frequently caught marine fish in the mid Atlantic area (McHugh and Ginter, 1978). The value of the mid Atlantic coastal stock of summer flounder has long been recognized by state and federal resource managers. C3 Summer flounder are now bein- studied under a state/federal program 0 in order to develop a resource management plan that can be implemented CD by the states in their territorial seas. The state/federal program will have to develop some method of controlling offshore flounder trawling in order to enable effective management of the entire Atlantic summer flounder stock. The summer flounder resource in Delaware is now utilized almost entirely by recreational hook and line fishermen because trawl fishing is not allowed in Delaware Bay or within three miles of the Delaware Coast. The summer flounder that mill-ate back into Delaware waters during the early spring are caught incidentally C3 by gill net fishermen. The recreational catch of summer flounder in Delaware Bay has been increasing during the past several years. In a marine recreational fish survey conducted in 1976 (IMiller, 1977), summer flounder accounted for almost eleven percent of the recreational fish catch. Summer flounder 'were ranked third after weak-fish (4056) 6 a. and croaker (20%) in the recreational fish catch. Summer flounder that are caua-ht in Delaware Bay are usually caught incidentally by 0 fishermen who are using squid strip bait, or lures to catch weakfish, but direct flounder fishing effort might increase in the future. In Delaware and southward along the Delmarva Peninsula, summer flounder are caught more frequently in the vicinity of ocean inlets and within shallow coastal bays. Live top minnows (killifish) or fresh frozen shiners (Menidia) are the most popular and often the most successful baits used to catch summer flounder in shallow water. A sizeable recreational.flounder fishery exists in Indian River Bay and'near the Indian River Inlet. 69. BLACK SEA BASS (Centro-oristis stri ata) PLEESCURCE IN DELA'7111,LiE The range of the black sea bass extends along the Atlantic Coast from Florida to the Gul."L' of Maine (Miller, 1959). The species appears to be most abundant during the summer in nearshore rough bottom areas between New York and North Carolina (Hildebrand and Schroeder, 1928). U During the warmer months of 'he year (March to November), sea-bass inhabit rough bottom areas, wrecks and rock CD jetties in the Atlantic Ocean and also in the lower portions of Delaware Bay. In lower Delaware Bay and in the Atlantic Ocean off the Delaware Coast, sea bass are highly sought after by party and charter boats. Sea bass are one of the few marine fish that can be caught by hook and line fishermen throuc-hout- most of the 0 CD fishing season (April - October). Sea bass are also caught commercially in bass zots which are set offshore along -the coast of Delaware in water depths of around 80 feet. A small, but effective, commercial bass pot fishery is opera-ted by one sea bass boat out of Indian River. In autumn, sea bass migrate offshore in a southerly direction to water depths of around 73 to 165 meters (Musick and Mercer, 1977) where they over-winter. Adults and young migrate inshore and northward in the spring where they seek out rough bottom areas for food and protection. Spawning occurs from May through October, presumably in high salinity waters since no eggs or larva have been collected in estuarine waters. 70. Party and charter fishing boats that fish out of Indian River Inlet rely heavily on sea bass fishing parties for a la--ge portion of their business. During the post World War II years until 1969, lar-e catches of sea bass (300 - 500 fish) could be made on the old bass grounds. The bass grounds are a large rough bottom area located off Indian River Inlet where water depths range from 60 to 90 feet. Party and charter boats usually drifted over the rough bottom and were able to make good catches of sea bass, along with fair catches of red hake (Urophycis chuss) which is locally called ling or ling cod. Around 1969, hook and line catches of sea bass and ling began to decline on the bass grounds. Many of the more experienced fishing boat captains resorted to fishing for sea bass around wrecks and snags. Some of the more ex-perienced boat captains speculated that the large bluefish had eat'en or chased the sea bass and ling away. Delaware party and charter boat catches of sea bass probably reached one of the lowest levels during the summer of 1978 when sea bass were extremely difficult to find. In the spring of 1979, water temperatures stayed cool for a longer period than usual, and the size and numbers of the sea bass catch showed some imDrovement, but only for a short period of time. Sea bass are caught commercially in bass pots from New York to Virginia. Bass pots.are usually set around underwater obstructions or on rough and uneven bottom in water depths ranging from 30 to 100 feet. Sea ba--s show a definite affinity for inhabiting underwater 71. obstructions. Bass pots are not baited, and the sea bass presumably enter bass pots while searching for protective habitat. Normally, 20 large bass pots are attached to one pot buoy which carries a flag and often a'number. Pots are periodically hauled at weekly intervals, emptied of their contents, and set again throughout the warmer mont hs of the year. Since sea bass can only be caught in commercial quantities by the pot fishery, the value of sea bass has been high and will most likely continue to be high. The landed value of sea bass is now around one dollar Der pound. At the present time, Delaware has only one bass pot fishing boat, but New Jersey and Maryland bass -boats have been potting sea bass off the Delaware Coast for many years. Recent commercial sea bass landings in Delaware are shown in Table 14. TABLE 14 C0101ERCIAL SEA BAS)S LANDIMIS !N DELAWARE Year Pounds Value Price/Lb. 1971 30POOO 9,300 .31 1972 40vOOO 13,200 33 1973 80,000 18$080 :23 1974 80,000 22,880 .29 1975 1809000 46,800 .26 1976 150,000 45,000 .30 1977 220,000 52,800 .24 1978 160,000 649000 .40 72. ATLANTIC CROAKER (MLicro'gogon un-dulatus) RESOURCE IN DELAWARE, Atlantic croakers range from 'Massachusetts to Argentina (Dahlbura, 1975). Si)awning occurs in the Atlantic Ocean from October through February, and larvae and young fish enter estuarine areas during late fall and winter. Severe winters supposedly kill youna fish that are over-win-tering in the tidal rivers of Virginia (McHugh and Ginter, 10,78). In the mid Atlantic region, adult croakers over-winter south of CaDe Hatteras and migrate northward along the shore during the early spring. During the past several years, adult size croakers did not arrive in Delaware waters until midsummer, although a few large fish were taken in nets throughout the early spring and summer. In late fall, croakers congregate co C.) along ocean beaches and begin a southward migration generally following the shoreline. During World 'dar II, significant populations of Atlantic croakers inhabited Delaware waters durina the warmer months of the year. Large fish, weighing up to five pounds, were caught off Rehoboth Beach, Delaware and.along most of Delxaare's Atlantic coastline. Smaller fish of one or more pounds were caught throughout most of the lower-portions of Delaware Bay. In Delaware,, croaker landings by commercial and recreational fishermen rapidly declined during the postwar years until 1958 when croakers mysteriously ,disappeared from Delaware waters for approximately 15 years. No one knows why the croakers left Delaware waters or why these fish started to return to Delaware in 197"-..:. During 11-he late 1940's and early 1950's, croakers accounted for a significant portion 73. of the total recreational fish catch in Delaware. The highest commercial landings of croakers occuzred in 1955 when 667,000 pounds were reported. 'Croakers are not even mentioned in recreational fishing surveys reported by Lesser (1968) and 11artin (1973). Croakers were rarely seen in exploratory fish surveys performed by the University of Delaware Marine Laboratories from 1961 until after 1974. Croaker and nearly all the coastal migratory finfish are subject to periods of cyclic abundance. The abundance, or lack of abundance of most fish and shellfish is closely related to the relative survival of each year class of progeny. Croaker may be even more susceptible to extreme estuarine ehvironmental factors because the young-of-the-year croaker over-winter in estuarine areas. The progeny of other coastal migratory fish including weakfish, bluefish, shad, and others utilize estuarine areas as nursery grounds durin- the summer, but nearly all juvenile and adult fish leave the estuaries durino- the fall. In 1974, a few small croakers began to appear in recreational fish catches within Delaware Bay and in the nearby Atlantic Ocean. In 1975, the recreational croaker catch increased, and there was even a small commercial landing of croakers (Table 15). Suddenly, in 1976, croakers accounted for 20 percent of the recreational fish catch. The 1976 marine recreational fishing survey (Miller, 1977) showed that weakfish-accounted for approximately 40 percent of the Delaware marine recreational fish catch, but croalkers were ranked as the second most frequently caught recreational fish. The 74. TABLE 15 C0101ERCIAL CROAKER LIMINGS IN DELAWARE Year Pounds Value 1947 7p2OO, 840 1948 329300 3t230 1949 88,000 119400 1950 61100 lt04O 1951 4t9OO 783 1952 8t300 19238 1953 43,000 59000 1954 60,000 49000 1955 667,000 44,000 1956 27,000 29000 1957 167,000 19 000 1958 32000 @1) 1959 91000 1 000 1960 (1) 11:1)61 -0- 1962 -0- 1963 -0- -0- 1964 -0- -0- 1965 -0- -0- 1966 -0- -0- 1967 -0- -0- 1968 -0- -0- 1969 -0- -0- 1970 -0- -0- 1971 -0- -0- 1972 -0- -0- 1973 -0- -0- 1974 -0- -0- 1975 lp300 317 1976 21600 832 1977 82900 1@841 10/78 79300 19934 750 recreational croaker catch was again high in 1-977, alono- with commercial croaker landings, but both recreational and commercial landings showed a significant decrease in 1978. All the substantial commercial croaker landings in Delaware occurred before 1957, when trawl nets and haul seines were still being used in Delaware waters. All the commercial landings after 1975 were made by gill net fishermen. 76. STRIPED BASS (1'.1orone saxatilis) REESOURCE IN DELAWARE Striped. bass normally inhabit marine and estuarine coastal waters from the St. Lawrence River in Canada to the St. Johns River in northern Florida. The range of the striped bass also extends alonc- the Gulf Coast from western Florida to Louisiana (Raney, 1952). CD Striped bass were successfully shipped by rail and introduced into California dur.ing the late 1800!s, and now the striped bass range extends along the West Coast from southern California to the Columbia River. Striped bass have become landlocked in fresh water impoundments, and striped bass have been successfully introduced into some fresh water lakes and ponds. Along t"he Atlantic Coast, striped bass have been most abundant from CaDe Cod to North Carolina.' The tributaries of the Chesapeake Bay have long been recognized as the major spawning grounds for the species and I.-he major population center. From Delaware sou'Vh,.-.,ard, striped bass are commonly called "rock" or "rockfish". Some male striped bass become sexually mature when they are two years old, and nearly all male fish are sexually mature at the age of three. Female striped bass start to become sexually mature at the age of four, and nearly all female fish are sexually mature when they are six years old. Spawning occurs in fresh and oligohaline (less than 3.0 Ppt salinity) water during late April and early May when temperatures reach 150C. Eggs hatch in 36 to 48 hours at 15 - 170C. (Mansueti, 1958), and larva and young fish utilize shallow waters as nursery areas. Young and adult fish over-winter in the deeper portions of the larger estuaries. 77* Since 1947, striped bass have been sporadically abundant in Delaware, but-they have always been highly valued by commercial -e. The annual commercial and recreational fishermen within the stat landings of striped bass (Table 16) give a reasonably good indication of their relative abundance in Delaware. Significant portions of the commercial landings from 1947 until 1966 were made by the fleet of small trawlers. that.operated within Delaware Bay. Trawl fishing within Delaware Bay and within three miles of the ocean coast became illegal in 1967. The landing data show that commercial striped bass landings in Delaware have seldom been substantial except for the immediate post World War II years and 'Uhe.1972 - 1975 period. Recreational striped bass fishing in Delaware has not been good for a number of years, and now fair recreational catches occur only during the occasional years when commercial net landings have also been significant. During recent years, nearly all striped bass landings in Delaware appear to result from fish migrating into Dela,,-,,are %-;aters. At the -oresent. time, there do not appear to be any large resident populations of striped bass in Delaware waters, although years ago (de Sylva, 1962) it was reported that the Delaware River supported a racially distinct population of striped bass. Many years ago, the Delaware River was one of the major spawning rivers for striped bass. Water Dollution and low dissolved oxygen levels prevented striped bass from utilizing traditional spawning CD 01 1 areas in the Delaware River, and the major spaal@-ming area shifted to 76. TABLE 16 COMMci'AL STRIPED BASS LMINGS IN DEL.AALWAIRE Year Pounds Value Average PriceZLb. 1947 109,000 28,000 .26 1948 361,000 gotooo .25 1949 255,000 68,000 .27 1950 271,000 65tOOO .24 1951 215tOGO 53POOO .25 1952 120,000 32,000 .27 1953 106,000 34POOO 032 1954 146tODO 25,000 917 1955 88tooo 24,000 *27 1956 28,000 71000 .25 1957 16,000 4,000 .25 1958 22tOOO 5,000 .23 1959 12,000 3,000 025 1960 251,000 5@000 .20 1961 66,000 12tOOO .18 1962 108tooo litooo .10 1963 48POOO 9@000 .19 1964 31POOO 6tOOO 19 1965 32sOOO 41,000 :13 1966 64,000 13.000 .20 1967 66,000 12,000 *18 1968 48?700 10,000 21 1910-9 41,700 8,042 :20 1970 54tlOQ 11,778 .22 1971 38,800 8,978 1972 248,300 67,457 .27 1973 580,100 166t249 .27 1974- 212o400 6 5 9 130" 31 1975 1069000 43,213 :41 1976 80t6oo 56,069 .70 1977 57@100 41s,412 .73 1978 37tGOO 379457 1.00 79. the ChesaDeake and Delaware Canal. The C. & D. Canal is now considered to be one of the major spaeming areas for striped bass. Net flow in the C. & D. Canal is toward the Delaware River, and consequently the lower Delaware aiver and Bay should be an important nursery ground for striped bass. However, juvenile striped bass have not been particularly abundant in Delaware waters since the early 1970's. All striped bass populations experience substantial fluctuations in year class strength. Successful spawning and reasonably good (D CD survival of a year class of fish can influence commercial and recreational landings for a number of years. The most recent dominant year class of striped bass was produced in 1970. These fish attained a minimal harvestable size in 1972. Increased commercial landings from 1972 through 1975 were due to the relative abundance of fish that were spawned in 1970. Unfortunately, there have been no dominant year classes of stri-oed bass Droduced in the Chesapeake area since 1970, and resident striped bass populations -have fallen to critically low levels. The reproductive potential of the major striped bass poi@ulation center located within the Ghesapeake Bay has been seriously reduced by continuous commercial and recreational fishing pressure in combination with the lack of C> significant reproductive su9ceS3 sinae 1970. The relatively low population levels of striped bass in the Chesapeake system and the enactment of emergency commercial harvesting CD restrictions in Chesapeake Bay has caused the landed value of striped bass to climb to unDrecendented levels. In early 1979, commercial fishermen were receivincr as much as @2-50 Der nound for striped bass. 80 The landed value of striped bass in Delaware is currently higher than the landed value of any finfish that is commercially harvested. Some indication of the current scarcity of striped bass can be seen in Table 16, where the landed value of striped bass has signigicantly increased while landing volumes decreased. Years ago, striped bass appeared to reside in the Delaware River, Delaware Bay and many of Delaware's tidal rivers, including the Indian River-Rehoboth Bay system and the Nanticoke River system which drains into Chesapeake Bay. In the early spring (March-April) large schools of two and three-year old fish would sometimes migrate northward along the Atlantic Coast and into Delaware bays and rivers. Some of the migrating fish might have spawned in Delaware waters, but most of the fish appeared to stay in Delaware only gor a short time before continuing a northward migration up the New Jersey Coast to New York and beyond. In the fall, a similar southward migration occurred when striped bass again briefly returned to Delaware waters. The Delaware netting season for striped bass extends from November through April 30, and the minimum gill net mesh size is two and three-quarters inches while the minimum haul seine mesh size is two inches. The minimum legal fish size is twelve inches, fork length, and the maximum size is 20 pounds in Delaware Bay, only, which supposedly protects females. This maximum size does not apply to fish caught in the Atlantic Ocean, seaside bays, or the Nanticoke River and tributaries. The recreational (sportfishing) catch of striped bass in Delaware has fluctuated widely along with commercial landings. 81. Recreational fishermen can catch "rock" with bait, and lures along the ocean beaches, Indian River Inlet, lower Delaware Bay, lower Delaware River and along the Chesapeake and Delaware Canal. Striped bass have been caught only occasionally by recreational fishermen in the central portion of Delaware Bay. Throughout the state in recent years, rock fishing is only good when migrating striped bass are entering Delaware waters during the early spring or late fall. Marine resource management officials in the mid Atlantic region have been instrumental in establishing a state/federal program in order to develop a management plan for striped bass resources along the East Coast. A private citizens committee of concerned individuals has recommended that striped bass fishermen in Delaware voluntarily observe and adhere to the following: "In order to conserve existing stocks of striped bass, a species that has been on the decline for several years, the Regional and Delaware Citizens Advisory Committees on striped bass management request that you voluntarily limit your catches according to the following guidelines: Sport Fishing (Hook and Line) Atlantic Ocean A minimum size limit of 26 inches total length (tip of snout to tip of tail) on all striped bass (rockfish) taken in Atlantic Ocean waters including the Indian River Inlet. A bag, limit of four (4) striped bass per person per day is recomended in this same zone. Spawning and Nursery Areas The Delaware Rier and Delaware Bay, the C&D Canal, all Delaware tidal tributaries, and the Nnaticoke River and Broad Creek are considered spawning and/or nursery areas. It is recommended that a size limit of 14 inches total length and eight (8) striped bass per day be observed in spawning and/or nursery areas. Commercial Fishing (Nets, etc.) It is recommended that a 14 " size limit be observed by commercial fishermen. (This is roughly equivalent to the 12" fork length current legal limit in Delaware.) Although these do not represent any additional restrictions on Delaware commercial fishermen, it would cause a noticeable decrease in Che4apeake Bay commercial harvests if everyone complied. The Citizens Advisory Committee requests that you voluntarily comDly wiI;h the above size limits and bag limits until the stocks of striped bass recover to high-levels." 83. WHITE PERCH (Morone americana) RE-SOURCE IN DELAWARE The white perch is one of the few estuarine finfish that inhabit Delaware waters throughout the entire year. 'White perch inhabit estuarine waters from Nova Scotia to South Carolina, and many landlocked populations exist in fresh water ponds and lakes (Woolcottq 1962). In the Delaware estuary, white perch is ranked as,one of the most abundant resident fish species (de Sylva et al, 1962; Abbe, 1967). White perch populations in Delaware exist in nearly all tidal streams and rivers. Landlocked populations exist in most mill ponds and lakes throughout the state. White perch CD appear to be considerably less abundant in the Indian River estuary, and low level populations there are attributed to minimal amounts of fresh water entering the estuary (Wong and Kernehan, 1979). In other areas, as in Delaware, the white perch is often and incorrectly called the black Derch. Adult and juvenile white perch over-winter in the deeper portions of tuidal rivers, Delaware River, and Delaware Bay. White perch spamn in the early spring, generally near the headwaters of C) tidal creeks and rivers. Most spa%ming appears to occur in oli-ohaline (less than 3.0 PPt) water i-.rhen water temneratures reach 100C. Male fish arrive on the spawning ground before the females. V1hite perch migrate from their over-iiiintering areas to their spawning areas shortly after the breakup of winter ice. Commercial @and recreational net fishermen usually catc]a white perch in the Delaware Bay during the late winter while the fish are moving toward spawning gTounds. Spawning occurs from March through April They can be caught by hook and line fishermen throughout most of the warmer months of the year in tributaries of the Delaware River and Bay. The white perch in Delaware is a near shore fish, and consequently bank fishermen catch more white perch than boat fishermen. In the late fall (November), white perch and most young leave the tidal tributaries and migrate to deeper waters in Delaware Bay for over-wintering. Migrating white perch can be caught in nets during late fall and early winter 4.n Delaware Bay until the formation of the first winter ice restricts gill netting activity. The relative abundance of white perch in Delaware waters has apparently varied throughout the years. Commercial white perch landings (Table 17) have also fluctuated. Otter trawls accounted for 92 percent, or 111,800 pounds of the near record commercial white perch landings in 1958. Otter trawls are illegal fishing met'hods in Delaware Bay at the present time. The 1978 average price of $.21 per pound is not considered to be a realistic value, especially since the landed value of nearly all other fish increased in 1978. Informed contacts with commercial net fishermen indicate that better prices were at times being received. The flesh of the white perch is firm and flavorful, and the roe of the female fish is favored by many commercial and recreational fishermen. In fact, most commercial net fishermen in Delaware 85. TABLE 17 COM4ERCIAL WHITE PERCH LANDINGS IN DELAWARE Avg. Year' Pounds Value Lrice@Lb. 1947 138,000 9,000 .07 1948 519000 6tOOC, .12 1949 47pOOO 29000 .04 1950 49vooo 6tOOO .12 1951 74,000 91000 .12 1952 129000 19000 .08 1953 9,000 itooo .11 1954 23POOO 2tOO() .09 1955 15,000 2,000 .13 1956 atooo 11000 .13 1957 11,000 17000 .09 1958 121,000 12pOOO .10 1959 42tOOO .4tOOO .10 1960 13,000 19000 .08 1961 27tOOO 2,000 .07 1962 240000 itooo .04 1963 21vOOO 2tOOO .10 1964 28pOOO 3,000 .11 1965 27,000 39000 .11 1966 -39tOOO 5,000 .13 1967 21,000 21000 .10 1968 159400 29154 .14 1969 6,600 1,290 .15 1970 16,200 2,430 .15 1971 18,300 2,945 .16 1972 18@100 3t620 .20 1973 23,000 6@842 1974 18,100 31718 .21 1975 l5t300 4t074 .27 1976 179600 4,901 .28 1977 27t5OO 89955 .33 1978 34tOOO 7@051 .21 86. consider white perch to be the best fish to eat and far superior in flavor to the more highly valued catches of striped bass and flounder. In recreational fishing surveys conducted in Delaware in 1968 (Lesser, 1968) and 1971-73 (Martin, 1973), white perch accounted for almost 50 percent of the fish cauaht in the Delaware River and tributaries north of Woodland Beach. Bank'fishina- CD effort for white perch north of Woodland Beach has seemed to decrease in recent years. 87. AMERICAN SHAD (Alosa sapidissima) RESOURCE IN DELAWARE Along the Atlantic Coast, the range of the American shad extends from the St. Johns River in Florida to the Gulf of St. Lawrence, Canada. Shad are most abundant from North Carolina to Connecticut. The American shad was successfully introduced to the West Coast, and now their range extends from Mexico to Cook Inlet in Alaska. The American shad is the largest member of the herring family (Clupeidae) and is an anadromaus species that lives and grows in marine waters until sexually mature. Mature fish migrate into estuaries and ascend coastal ricers to spawn. Eggs hatch in six to eight days at temperatures of 17 degrees C. (Bigelow and Schroeder, 1953). Larvae and young remain near the spawning areas until the fall when they migrate downstream to the sea where the will live and grow for two to fice years before attempting to return to their natal streams to spawn. Male fish usually become sexually mature one year earlier tha female shad. Southern races of shad apparently die after spawning once, but northern races have repeat spawners that migrate and spawn during two or more successive years. Shad do not live for long periods of time, and the average life cycle only extends from three to six years. The shad fishery was one of the first commercial fishing industries to be established in Delaware. In the 1800's, shad were abundant in the Delaware estuary. Commercial landings along the East Coast decreased in 1850 then increased to around 45 million pounds annually during the 1890's. Shad landings along the East Coast of the United States be-an a precipitous decline around 1900. Shad landings in the Delaware estuary exceeded 14 million pounds in 0 the late 1890's and then declined to annual landing figures of less than 100,000 Dounds in 1975 (Miller et al, 1975). The decrease in commercial shad landings has been attributed to gross pollution, damming of tributaries and over fishing. In the Delaware Rivpr, pollutants have caused a significant decrease L in dissolved oxygen levels in a 60-mile section of the'river between Trenton and Wilmington (Kiry, 1974). Young-of-the-year shad have generally been unable to migrate downstream through the stretch of deoxygenated water. Mature fish that have spawned and are in a weakened condition are also unable to pass throu gh the deoxygenated zone, and nearly all the repeat spawners have been lost. Relatively recent pollution abatement laws have improved the Delaware Rive.- water quality in recent years, and reasonably good shad runs occurred in 1963 and again in 1976. It is highly unlikely that the shad populations of the Delaware estuary will ever approach the historical levels of the late 1800's. Most of the major and minor tributaries (Brandy-wine, Schuylkill, and Lehigh Rivers) have been dammed for a long time, and shad have been prevented from entering large acreages of formerly productive spawning grounds. Shad fishing pressure was intense.during the late 1800's, and the entire shad resource could have suffered irrepairable damage 8.9. because of.over fishing. During the 1800's, more than 1,000 men may have been,en-aged in commercial shad fishing along the Delaware River (Horn, 1957). New Castle, Wilmington, Dela ware City and Port Penn were major shad landing ports, and shad were also landed at many other towns and river landings along the Delaware side of Delaware River and Bay. Initially, shad were abundant and quite inexpensive. The fish were often sold for only a few cents each, and shad quickly became a staple,food item in the diet of town and city residents. The shad fishermen sold their fish to fish markets and fish peddlers who often sold fish from door to door. During the late 1800's and continuing into the early 1000's-, the flesh of the shad was highly regarded as excellent food; and the roe of the female shad was an equally popular food item. As the shad resource declined, the price of shad began to increase, but fish consumers evidently liked shad and continued to purchase them when the price of shad increased to $.25 per pound. The consum-otion of shad decreased rapidly during the post World War II period,and younger generations had little desire to consume shad which were considered to be too boney or too oily. Older generations still purchase a few shad each year. In fact, shad fishermen of today have difficulty in markE@ting their limited catches because today's consumers prefer fish with fewer bones. -he fish roe is The shad roe is still popular, and the value of t usually much higher than the value of the entire fish. Female shad are usually a little lar,-er than male shad and have always commanded a higher price. Recent Delaware shad landings a-re shown in Table 18. 90. TABLL 18 COHD=)CIAL SIT U,:,) LA"'TDINGS IN DELAViuE Ye ar P o u rn d s 1 8 Value Price/-Pound 1947 6-1,600 15,974' .24 1948 52,900 17,2971 .25 1 949 5,7,500 81625 .15 1950 101,700 22,400 .22 1951 109,600 24,500 .24 1952 64,900 17,143 .26 1953 50,000 172000 .34 1954 559000 71000 013 1955 329000 7,000 .22 1956 12,000 4,000 .33. 1957 4,000 1,000 .25 1958 9vooo 6@OCO .67 1959' 26,000 4,000 .14 1960 380000 6,000 .16 1961 909000 13tOOO .14 1962 113,000 15,000 .13 1963 100,000 13s,000 .13 1964 150,000 199000 .13 1965 110,000 16pOOO .15 19066 56,000 99000 .16 1967 261,000 5tOOO .14 1968 12,000 2pOOO .17 1969 18,000 29000 .11 19,110 13,000 19000 .07 1971 8,000 59000 .63 1972 92000 '1,000 .11 1973 87000 1,000 .13 1974 8,000 1,000 .13 1975 18,700 31831 .20 1976 35v6OO 81077 .23 1977 74,.500 15t332 .21 1978 691,900 19,790 .28 A small sport fishery for shad occurs in the Brandywine River when shad occasionally enter the river seeking a place to spawn. In the late 1960's, shad repeatedly entered the Brandywine River and attempted to ascend dams in order to spawn in the higher reaches of the river. The State of Delaware spent almost one-half million dollars constructing fish ladders at dam sites on the Brandywine. Unfortunately, when these fish ladders were completed, the shad stopped entering the Brandywine. It is now theorized that shad only enter the Brandywine when they are unable to migrate up the Delaware River because of low dissolved oxygen levels. levels. Delaware has also been active, as well as the states of New Jersev and New York, in opposing the Tocks Island dam project on the Delaware River. Construction of the dam would make the remaining shad spawning area in the Delaware River inaccessible. At most of the dam sites where fish ladders have been installed, shad have avoided utilizing them. Shad have consistently refused to enter nearly all manner of fish ascending devices. 92. AMERICAN EEL (Lnrruilia rost-rata) RESOURCE IN DELAWAR.2- American fresh water eels are found in nearly all marine and fresh waters throughout Delaware. Commercial eel landings in Delaware have increased since 1970 when the value of live eels began to increase. The 1-0.78 eel landings of 188,100 pounds, valued at $119,051, were by far the highest and most valuable landings of eel ever recorded in the state. The 1978 eel landings were almost twice those reported for 1077 (Table 19). In the spring of 1979, eel buyers were paying eel fishermen one dollar per pound for live eels. This is the highest value that Delaware eel fishermen have ever received for their catches. In fact, in terms of landed value per pound, the value of live eels is currently equal to the per-pound value of commercially landed flounder, but the commercial eel fishery is much more valuable to the state because of the higher volume of eels that are regularly harvested. Live eels are now ranked along with striped bass and summer flounder as the only three finfish in Delaware that are commercially valued at one or more dollars per pound. The dramatic increase in the value and marketability of live eels in Deldware is due almost entirely to the expansion of the live eel market in the Netherlands and Japan. Eels have always been highly valued as excellent food throughout Europe and the Orient. American fish consumers apparently never developed an appr6ciable taste for eels, possibly because of the abundance of more appetizingly aesthetic fish species. Eels were generally considered to be a nuisance by most recreational fishermen. 93. TABLE 19 CO'l%MRCIAL EEL LANDINGS IN DELAWARE .Ay&un Year Pounds 3 Value Price d 1947 13tOOO 1,300 .10 1948 18,200 1,820 .10 1949 57,400 8,780 .15 1950 34tOOO 5,405 .16 1951 51200 lt045 .20 1952 34,200 3,420 .10 1953 419000 7,000 .17 1954 36tOOO 89000 .22 1955 119000 itooo .09 1956 15tOOO 29000 .13 1957 38,000 3,000 .08 1958 26,000 39000 .12 1959 27,000 3tOOO .11 1960 7tOOO itooo .14 1961 6@000 1,000 .17 1962 109000 19000 .10 1963 12tOOO itooo .08 1964 12,000 2,000 .16 1965 34tOOO 51000 .15 1966 329000 59000 .16 1967 32,000 5,000 .16 1968 359200 4,900 .14 1969 44t2OO 5t3O4 .12 1970 58,300 11,732 .20 1971 999700 19p779 .20 1972 45,000 llt950 .25 1973 60,500 21,175 .35 1974- 67@500 23,0625 .35 1975 64p300 25,141 .39 1976 8()1900 329594 .40 1977 c.-_,goo 49t281 .51 1978 1889100 1199081 .64 94- Originally, the commercial eel fishery in Delaware consisted of only a handful of watermen who sporadically fished for eels. Eels were caught in Dots and fykes and dip netted near the Doxee Clam Plant in Lewes. A large portion of the Delaware eel catch was salted and sold as crab bait. Salted eels were, and still are, the preferred bait for crab trotlines. Most of the salted.eels were sold to Maryland commercial crabbers who continued to use crab trotlines for many years before finally switching over to crab pots. Now, there is only a limited market for salted eel crab bait in Maryland. In practice, the medium and smaller size eels were salted for crab bait. The crabbers did not want the larger size eels for several reasons. The crabbers were primarily interested in obtaining a large number of eels, and consequently a large number of baits from each pound of salted eels. They disliked the u-se of large eel baits because the larger baits were difficult to Dass over the trotline rollers. Basically, the crabbers were not interested in feeding crabs with the larger baits but were more int6rested in attracting crabs to the trotlin.e with the smaller baits. Large eels were held alive in eel live cars and eventually sold to an eel buyer. Eel buyers paid fishermen from ten to fifteen cents per pound for live eels. They would then load the eels into tanIk trucks and haul them to metropolitan areas where live eels could be marketed to certain ethnic groups. At various times, the smallest size (pencil size) coul d also be held alive and sold to bait dealers, who in turn would sell 5he small eels as live bait to striDed bass fishermen. The overall decrease in the striped bass populat-ion has somewhat curtailed the sale of live bait eels. Commercial eel fishing pressure in Delaware began to increase in the 1970's when live eel prices began to rise after live eels were successfully shipped to Europe by boat. Eels can respi-re out of water for several days providing they are kept cool and moist. Eels from Delaware are now shipped to the Netherlands by air freight. The eels are held in trays and kept cool and moist by melting ice water. In ADril 1978, special interest legislation was introduced and passed by the 129th General Assembly that required resident commercial eel fishermen to purchase a $100 eel fishing license. The fee for@non-resident commercial eel fishermen was established at 31,000 per license. The new law also required that all commercial eel pot markers had to be identified with the letter, "Ell, and also the lic ense number of the commercial eel fisherman. The legislative act was histor'Lc in that i-(, was the first aid only license requirement for a commercial finfish harvested entirely within state waters. Commercial licenses have long been required for the commercial harvesting of clams, crabs, oyste-rs, and most recently, lobsters. C) The eel legislation also clearly omitted establish4-ng pot limits and the requirement of reporting catch data. All existing commercial shellfish licenses in Delaaare are issued contingent upon reportil-ng catch and effort, data. The existing eel regulations should be reviewed and possibly re,--rritten in order to preserve and protect the eel resource in the state. 96. The State of Delaware has historically owned the Delaware River to the mean low water level in New Jersey. Ownership of the river extends from Artificial Island, northward to the Pennsylvania State Line. A 1905 compact between New Jersey and Delaware, dealing with common fishery rights and reciprocal fishing laws, has recently been found to be null and void. Commercial eel and crab potters from Delaw.-LiZe now have exclusive rights to fish in waters on the New Jersey side of the ship channel north of Artificial Island. This might cause problems in attempts to cooperatively manage fish resources, During 1978, 18 commercial eel licenses were sold to Delaware residents. As of May 17, 1979, 19'commercial eel'licenses were sold including one out-of-state license. It appears that during the past two years, the number of fishermen that are entering the commercial eel fishery is almost equal to the number of eel fishermen leaving the fishery each year. The life history of European and American fresh water eels was reported by Johannes Schmidt in 1922. American eels, A. rostrata like their European counterparts, A. anguilla, are catadromous, and sexually mature eels of both species spawn and presiinably die in the Sargasso Sea region near Bermuda. Thus far, no sexually mature fresh water eels have ever been found in the wild, but spawning is presumed to occur during early spring. American eel larva travel for one year before arriving along the Atlantic Coast of Canada and the northern United States. American eel populations 97. are basically found in temperate zones along the East Coast of,the North American continont. Some eels have been rezorted as far south as the Eauator. Fresh water eels do not oc cur along the West Coast of North or South America. U-oon their arrival in coastal waters, eel larva metamorphose into transparent elvers that are cn1led "glass eels". The glass eels enter estuaries where they attain a slightly darker color. During the late spring, swa=s of these tiny eels can be seen at the spillway base of most mill ponds in Delaware. The elvers continue their migration into nearly all fresh water rivers, lakes and streams. Sex determination of eels is quite difficult, but it is known that nearly all large eels are females, and female eels migrate further aiid stay longer in fresh water than the males. Male eels grow to be only about one-half the size of females, and most male eels are found in brackish and marine waters. In the fall, mature- eels migrate out of the rivers to the sea presumably to spa-;rn. Eels apparently grow slowly and might J-eauire seven to fifteen years to attain ma'uu-re size. Eels have been reared to a marketable size in two years in aquacultural systems. 98. T ATI,,UTTIC 14:5111HADEN (31revoortia- t-r--annus) R.ESOURCE IN DELAWARE The Atlantic menhaden inhabits coastall and estuarine waters from Nova Scotia to Florida. A similar species, the Gulf menhaden (B. 3patronus) inhabits similar waters within the Gulf of Mexico. Menhaden have been one of the most abundant herring species (Clu-peidae) of the Atlantic and Gulf Coast. Nearly all the commercial catch is Drocessed into fish meal, fish oil, and condensed solubles. Menhaden are classified as non-food fish in the United States, and the annual menhaden landings far exceed the annual landings of any food fish in the United States. In 1977, menhaden accounted for 35 percent of the total U. S. commercial fisheries landino-s. Menhaden spawn in offshore coastal waters during spring and fall migrations along the Middle Atlantic region (Higham and Nicholson, 1964). Eggs hatch within 40 hours, and larva move to oligohaline and freshowater nursery areas. The young-of-the-year fish remain in C3 the upper reaches of s-hallow estuarine tributaries until the fall when young and older fish migrate southward to over-winter offshore from Cape Hatteras. Menhaden axe plaxLktonic filter feeding fish that travel in large compact surface schools. The menhaden fishery is one of the oldest fishing industries in the United States, and the commercial fishery ha's been j.ntensive and extensive in nearly all areas where menhaden have been abundant. In the New York area durin- the 1800's, small menhaden were canned and sold as "lunch fish" for several years before canned sardines became popular. Some menhaden have always been used as bait to catch other fish or crustaceans, but nearly all the commercial catch in t.he United States is processed and used as industrial ingredients in a number of products. Menhaden are extremely oily, and the early n tha valuable menhaden Drocessors were nrimarily in business to obtai, fish oil. As,fish processing factories became more mechanized, large volumes of fish flesh and bone residues were produced, and these residues were initially sold as relatively cheap fertilizer. The fish residueo had a high protein content, and after World War II, processed fish meal became much more valuable as a supplement to the poultry and animal foods. The menhaden fishing industry in Delaware began in the late 1800's when the major Atlantic menhaden population center shifted from the Gulf of Maine to the mid Atlantic region. One of the first menhaden processing factories in Delaware was built in Lewes, Delaware in 1917. The processing plant was kno,,Irn as the Coast Oil Company. From 1923 until 1954, the Hayes brothers.processed menhaden in the Consolidated Fisheries Company in Lewes, Delaware. The Hayes plant had two dozen steamers carrying menhaden and employed more than 600*men. In 1938, Consolidated Fisheries had the largest menhaden -,rocessing plan'. in the United States (110rn, 1-057). Around 1946, the Smith family began to operate a menhaden processing plant in Lewes on the site of an old processing plant that was formerly the Atlantic Fish Company. Smith renamed his first plant the Fish Products Company, and in 1-0,54 Smith purchased the old Hayes plant and renamed it the Sea Coast Products Company. In 1953, Lewes had the highest seafood landings in the United States 0 1 when 390 million pounds-of fish were larded. Twenty five large company-o%-,rned menhaden steamers provided fish for the two Lewes plants, and more than 0650 men were employed as c-rew members alone. Several hundred shore-based support and 'Lactory work-ers were also employed. Near record menhaden landings were also made in Lewes in 100. in 1956, but Lewes landiigs began a precipitous decline in 1962. In 1963, one of the manhaden plants in Lewes closed permanently. In 1966, the remaining menhaden plant closed permanently, and the plants and property have since been sold. Some minor regulations in Delaware were established as law in an attempt to regulate the menhaden fishery. In 1974, a $100 fishing license was established for all menhaden steamers over 65 feet in length to fish in Delaware waters. The license require- ment did not specify an increased license fee for out-of-state menhaden vessels, and consequently, these vessels do purchase $100 licenses that allow them to fish within Delaware waters. Menhaden fishermen are also required to fish no closer than one-half mile from all shores and beaches and are prohibited from fishing in Delaware waters on weekends and holidays. Menhaden are nearshore coastal fish, ar-d more than 95 percent of the entire menhaden catch is made within t,,iree miles of shore. Manhaden are caught with huge purse nets which encircle entire' schools of fish. The menhaden fishing methods have caused many conflicts with nearshore recreational fishermen who suspect that the menhaden boats are also catching food fish. In fact, menhaden fishing boats rarely catch any edible fish. Menhaden fishing boat C> captains and airplane school spotters are quite experienced in recognizing menhaden schools. Menhaden fishing boats cannot make money by catching food fish because they do not contain nearly the amount of oil that is obtainable from menhaden. Repeated inspections of menhaden catches have revealed very few, if any, other species of f j s11* 101. During the years since 1966, menhaden have been continuously caught, although in lower commercial quan-15.it-ies, by boats originatin- from out of state (Table 20). Since the fish are landed at out-of-state ports, Delaware receives no credit for the millions of pounds of menhaden that are still caught annually in Delaware waters. The small volumes of menhaden that are recorded from 1972 were sold as bait to crabbers. The entire menhaden fishing industry along the Mid Atlantic Coast ex-oanded rapidly immediately after World War II. Shore processing facilities were mechanized and modernized along with the C) fish catchinin, vessels. Exceptionally large catches of menhaden became possible when the size of the steamers was increased and nylon nets and hydraulic power blocks were used to pull in the larger Durse nets. Airplane spotters were used to locate schools of menhaden and to assist the purse boats in surrounding the schools of fish with their nets. Total East Coast menhaien landings peaLced during the late 101150's and then steadily declined during the early 19601s. With the cessation of intensive commercial fishing in the Delaware region and the elimination of some of the heavy fishing pressure, the menhaden stocks in the mid At'-antic region appear to be buildin--. It should be noted that it has taken almost ten years for the menhaden stocks to rebuild. In 1978, 4-1 Virginia based menhaden steamers purchased licenses to fish in Delaware waters. It is highly unlikely that menhaden. will ever be processed for industrial DurDoses again in Delaware. However, menhaden might be P f ur Drocessed as an additive to h1=----n food somet-J--nen- in tu--h- -ut e. 102. TAKE, 20 COM-T-,RCIAL 111ENHADEN LANDINGS IN DELAWARE Quantit Value Year, (P unds@ (Dollars) 1947 248t493,300 31752@249 1948 148,302,500 2tO53,152 1949 159,748plOO 19677p355 1950 151,857,500 1,5489947 1951 166,488t7OO lt9111375 1952 207,657,100 2tO181102 1953 360,544,000 3,999,000 1954 306,480,000 4t476,000 1955 307,476tOOO 4,09ltOOO 1956 352,047,000 49625,000 1957 286,2729000 3t666,000 1958 269,6679000 3,776,000 1959 281,1419000 3v1491000 1960 280,7119000 2,7519000 1961 302p7739000 3,356,000 1962 268p7O4,000 2,7839000 1963 102t824,000 19059,000 1964 32,554@000 378tDOO 1965 46p4081000 579oOOO 1966 4,231,000 53tOOO 1967 -0- -0- 1968 -0- -0- 1969 -0- -0- 1970 -0- -0- 1971 -0- -0- 1972 29,000 lpooo 1973 33,000 itooo 1974 139000 552 1975 20,000 821 1976 359300 19404 1977 24,600 984 1978 29P700 11485 103. A state/federal fisheries management plan is being drafted for the management of the menhaden resource in Delaware. 104. FISH HABITAT ASSESSZ11ENT IN DELAWARE COASTAL WATERS Delaware River water quality has improved during the past ten years. There still exists a problem with dissolved oxygen in the river above Wilmington from I-lay through September, but the length and duration of this oxygen depletion zone has been reduced. Water flows at Trenton are regulated by the Delaware River Basin Authority in an effort to insure that the saline waters of the Delaware Bay do not encroach up the river. In many places, the Delaware River looks cleaner than it has been in many years. Unfort,anately, many acres of shallow water and adjoining wetlands have been permanently lost over the past century to industrial and highway development along and in the Delaware River. Striped bass spawning habitat in the-Delaware River has all but been eliminated due to low dissolved oxygen levels. Years ago in the late 1800's, American shad made spawning runs in nearly all the tributaries of the Delaware River. Now, shad spawn only in the section of the rJLver above the Dela%-,rare Water Gap. However, some of the river herring still make a spawning C:) run in a few of the Delaware River tributaries. The young clupeids use the spaiming grounds as nursery areas during the spring and summer. During the fall, the young-of-the-year fish migrate down the river and through Delaware Bay and out to sea. Migrations through the polluted zone are sometimes difficult, but the general increase in rainfall during the fall season helps to dilute and break- up the low dissolved oxygen zone. 105 The waters in the heavily industrialized portions of the Delaware River pass through many water intake structures where river water is used for domestic and industrial purposes. Several fossil fuel plants and one nuclear power plant use river water to cool their systems. It has been calculated that a volume of water equivalent to the average flow at Trenton is removed and replaced in the river below Trenton each day. Plankton and larv.al and juvenile fishes are entrained and impinged at these intakes, and the accumulative effects of all water intakes and effluents are not documented. Fortunately, environmental regulations adopted in recent years have eliminated many of the pollutants that once entered the river. For the most part, Delaware Bay is not polluted by domestic or industrial pollutants. Heavy metal concentrations in the lower bay are considered to be moderate but will continue to be a threat. However, all the tidal tributaries that enter Delaware Bay are closed to molluscan shellfishing because of high coliform bacteria counts. Much of the pollution of these tidal tributaries is usually due to treated and untreated sewage effluents discharged from small municipalities. Natural oyster beds occurring near the mouths of the lower tidal tributaries in Delaware were declared to be polluted in the mid 1920's. At the present time, the tributaries and small buffer areas are the only areas in Delaware Bay that are closed for the harvesting of molluscan shellfish. Siltation is a problem in many tributaries to the Delaware Bay. Extensive agricultural and highwav drainac7e svstems have lo6. increased sediment loads entering these rivers with consequent filling and loss of spawning and nursery habitat. Vegetation has been eliminated from many tributaries in the Delaware watershed where sediment has covered them with blankets of mud. Recent increases in no-tilling farming methods may cause increased quantities of herbicides to be flushed into tributaries thereby threatening production of phytoplankton. The lower coastal bays are apparently becoming more polluted as shown by high coliform bacteria levels recently recorded. Indian River has recently been closed to molluscan shellfishing to the west of Ellis Point. Over 20 percent of the coastal wetlands in these lower bays have been lost to dredge and fill operations and developers of waterfront housing communities. Fortunately, this exploitation of tidal wetlands is now under control and no longer permitted unless there are no alternatives available. Nevertheless, these lower bays remain stressed ecosystems. Flushing of these waters is inadeqauate to compensate for an ever increasing pollution load placed on them by nearby coastal communities and industries. 107. SOCIO-ECONOMIC VALUE OF FISHERIES AND COMMUNITY INVOLVEMENT Recreational sea trout fishing in Delaware Bay has been exceptionally good since 1970. In 1975, croakers returned to Delaware waters after a mysterious absence of approximately 15 years. Recreational and commercial catches of summer flounder, or "fluke", also began to improve in 1975 when the marine recreational fishing industry was valued in excess of 25 million dollars. The increased availability of desirable bottom fish in Delaware Bay has resulted in a significant increase in the number of party, or head boats, fishing in Delaware Bay and near the mouth of Delaware Bay. Head boats are usually larger fishing boats that take a large number of passengers fishing for a fixed fee per person or head. Party boats usually sail every day from the same dock, departing at a prescribed time and returning to port after a specified time period. Trip durations vary from one-half day to a full day of fishing, and rates range from $8 to $15 per person. In contrast to charter boat fishing, party boat fishermen are not required to make any previous arrangements in order to fish on a party boat. Party boat fishermen can go to any party boat dock and pay a flat rate to go fishing. Most party fishing boats are licensed by the U. S. Coast Guard to carry 20 to 50 or more persons. Party boats fish mainly for bottom species with bait or by jiqging artificial lures to catch fish at various depths. Party boats in Delaware generally fish for the fish stocks that are seasonally and locally abundant. They usually fish within 108. a 15-mile radius of their home dock. For example, party boats from Indian River and Lewes will usually fish for Atlantic mackerel in the Atlantic Ocean during the early spring. Party boats based.further north in Delaware Bay at Hispillion and Bowers Beach usually stay in Delaware Bay to fish for trout and flounder. By the same token, party boats from Indian River will not ordinarily fish for trout in Delaware Bay because the running time and distance is prohibitive. Recreational fishin- from boats is usually much more productive than fishing from shore, and party boat captains who fish almost every day during the summer usually know where fish are biting and how to catch them. Party boat fishing is probably 'the least e='ensive method of fishing from a boat in Delaware, with the oDerat-ion of pa.-ty boats more profitable than most charter boa'L-.--,' There are approximately 20 party boats now operating in Delaware, and all but two of these vessels are oDerating in or near Delaware Bay. Charter boat fishing in Delaware is always more e-%--;Densive and is generally more productive than party boat'. fishing. In charter boat fishing, the fishing vessel is usually rented (chartered) for one day at a specified rate to engage in a specific type of fishin- such as trolling or bottom fishina'. T-ro-2.1ing charters C) CD for offshore species such as marlin or tuna are always Paore expensive than trolling-rates for inshore species such as bluefish because offshore trolling expenses are greater. 109. Many of the smaller charter boats are licensed by the U. S. Coast Guard to carry a maximum number of six fishermen. Charter rates include the use of bait or lures, rods and reels, and the services of a professional "mate" to assist anglers in landing fish. Although charter boat fishing is much more expensive than party boat fishing, the catch rate per angler on charter boats is usually much greater for several reasons. Charter boats are usually smaller than party boats and always less crowded. They can fish in tighter places and maneuver more frequently than larger party boats that are often crowded with fishermen. Charter boats also can engage in trolling in order to catch fish while the boat is underway, but party boats do not troll because of the number of fishermen involved. Charter boats of sufficient size and seaworthyness can be licensed to carry more than six persons if provision is made for the installation of additional safety and lifesaving devices. The boats that are licensed to carry more t-@an six pass-enge-rs will sometimes carry additional passengers on a chartered fishing trip but only at the request of the fishing party who originally chartered the vessel. Additional passengers on charter boat trips are required to Pay an additional flat rate per person. In this manner, charter boats that are licensed to carry a large number of passengers often operate in a manner similar to party or head boats. Many party boats make two f ishing trips each day, operating as a regular party boat on the first trip and chartering the vessel to a smaller number of persons for the second trip of the day. There are approximately 100 charter boats that now operate regularly from Delaware ports. Slightly more than half (55 boats) of the charter fleet operate out of marinas on the Indian River Inlet. The remainder of the charter fleet operates out of the Delaware Bay ports of Lewes, 1,1ispillion River, Cedar Creek, or Bowers Beach. In addition to the party boats (20) and the charter boats (100), there are more than 18 thousand privately-owned boats that fish, crab, and clam regularly from Delaware ports, marinas and boat ramps du-ring I.-he warm months of the year. Finally, several thousand additional fishermen re@@-ularly fish Delaware tidal waters from beaches, banks, bridges and piers. In 1975, the recreational fishinj- industry in Delaware was valued at 25 million dollars (Nauional Analysts, 1977). A marine boat recreational survey conducted in 0 - f ishing 1976 (Miller, 1977), revealed that 599,615 man days of boat occurred in Delwaare during 1976, and the total- man days of marine angling amounted to 964,573. Tourism in Delaware contributes approximately 100 million dollars to the state economy, and marine recreational fishing generates approximately 25 percent of the annual tourism dollars. The marine recreational fishing industry provides direct employment for around 125 boat captains and more than 100 mates. Recreational fishing has a rippling effect on the local economy because the additional fishermen require more services such as rooms, meals, bait, ice, etc. The additional services provide more jobs and business opporttuiities at t1le local level. 111. The fish and shellfish resources on which the recreational fishing industry depend are undoubtedly one of the most valuable natural resources within the state. It is not surprising that many of the fish species,that are so important to the recreational fishing industry,are also just as important to the commercial fishing industry. As the landed value of all food fish continues to increase, a corresponding increase in conflict between recreational and commercial fishermen will definitely occur. One of the major problems encountered in attempting to manage natural marine resources occurs when regulatory agencies try to define, or draw the line, between what constitutes commercial or recreational fishing. Commercial trawlers and net fishing boats are obviously commercial fishing vessels. Commerciality is defined as having financial profit as a primary aim. Commercial fishing vessels are obviously in business to fish commercially, but the party and charter boats have definitely commercialized recreational fishing. Many of the larger private fishing boats are owned by corporations or by persons who are engaged in their own business. Part of the cost of buying, maintaining, and operating a large private fishing boat can be written off as legitimate business entertainment expenses. An unknown number of private boats that participate in marine angling rely on the sale of fish to help defray all or part of their boating expenses. The practice of selling or utilizing recreationally caught fish to defray expenses or make a profit is not limited to private fishing boats. Many of the marine anglers 112. who fish from shore, party, or charter boats regularly sell their excess fish an,d also fish that they are not'. particularly fond of eating. Some restaurants own their own fishing boats, and some restaurant owners charter fishinc- boats in order to provide fresh fish for their establishments. The problem in defining recreational and commercial fishing is further comDlicated in Delaware because of a long established and traditional recreational net fishery. Net fishing regulations in Delaware have been minimal and are virtually unenforced. The State Legislature has at various times passed special interest legislation restricting or prohibiting the use of certain types and sizes of nets in certain areas during specific hours and specific times of the year. Although most of these laws are still in effect the laws are seldom, enforced because of conflicting statutes azidl antiQuated intention of the laws. The State Legisla-(-,ure has not specifically designated a state agency to be the regulatory authority for marine finfish. Commercial fishing licenses were not, and are not now reauired in Delaware. Almost anyone, if they so desire, can set a net in Delaware to catch a "mess" of fish for their family and friends. The occasional "just for the fun of it" net fisherman has, on occasion, caught more fish than he can conveniently give away. Some of these net fishermen are more or less obliged to sell 'heir excess fish before they spoil. Some of the more successfuu! occasional or recreational net fishermen eventually become serious commercial net fishermen. The desire to be allowed to set a net is still strong in Delaware. 113. Nea-rly all the food fish that are now reporI.-ed as commercial landings in Delaware are caught in stualked or drifted gill nets. The total value of all commercial fish landings in Delaware has been .steadily increasing since 1974, as shown in Table 21. In the spring of 1979, the per-pound landed value of all food fish increased dramatically. Striped bass were sold for more than ';'P'2-50 per pound. I;ive eels and summer flounder also reached 4)l per Pound. The increased val u@e of all fish will undoubtedly tempt. more recreational fishermen to sell their catches. Although the prices of commercially caught finfish are C> slowly increasing (Table 21), the total value of all commercial fisheries landings in Delaware has been steadily decr easing (Figure 1). The landed value of all commercial fi sheries was 0111Y three quarters of a million dollars in 1978. Surf clam landings accounted for a significant portion of the total fisheries value during the period' from 1969 through 1974. The value of blue crab landings from 1972 throuc-h 1977 also made a signi"Cicant contribution to the total fisheries value. The number of persons actively engaged in commercial fishing in Delxaare is now estimated to be less than 200. Delaware's highest. recorded number of full and part-time commercial fishermen was 1,434 persons in 1957. Gainful employment in the fishing industry in C3 Delaware has steadily declined, and the official count of 548 persons in 1974 (Table 22) must include a large number of casual fishermen. Commercial fishinc, in Delaware does not create a large number 0 1 1 of indirect benefits to local communities at the present time. 1@ven - from commercial seafood the Delaware seafood consumners se'Ldcm benefit 1-14. TABLE 2 1 RECENT TOTAL FINFISH LANDINGS AND VALUES Aivg@Lb Year Pounds Value Pr ce 1968 1609900 24tO29 .15 1969 143,000 202338 .14 1970 300t6OO 59,227 .20 1971 431t900 91,567 .21 1972 810t500 141,248 .17 1973 1519700 290P561 .26 1974 758t5OO 189t471 .25 1975 797t2OO 205,969 .26 1976 727t5OO 231,328 .32 1977 945t5OO 256PO42 .27 1978 938,600 336,816 .36 2- Total Value Blue Crabs, Surf Clam I 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 197, YEARS Fig. 1. Total value of Commercial Fisheries landings In Delaware 116. landings in Delaware because a large portion of the seafood catch is sold,to out-o'L-state wholesale buyers. Employment of Delawa-re residents in the commercial fishing industry is relatively low, and crew members are often recruited from out of state. TABLE 22 FULL AND PART-InTME ZIMPLOYMENT IN TIE FISHING INDUSTRY IN DELAWARE Date Number Date Number 1947 19207 1963 662 1948 1,320 1964 691 1949 19050 1965 520 1950 19143 1966 449 1951 19076 1967 445 1952 918 1968 433 1953 19050 1969 462 1954 1,189 1970 623 1955 1@321 1971 714 1956 1,257 1972 667 1957 1,434 1973 541 1958 lt384 1974 548 1959 894 1975 - 1960 719 1976 - 19, 6 1 781 1977 - 1 962 742 1978 - 117. IDENTIFICATION 0F FISHERY PROBLEMS, ISSUES AND OPPORTUNITIES After a careful consideration of coastal fisheries throughout Delaware, certain problems, issues and opportunities regarding development and management have been identified. Foremost and common to all aspects of Delaware's coastal fisheries is the absence of any dominant policy upon which the state bases fisheries manage- ment and deveIopment programs. The drastic decline in commercial fisheries, as evidenced by the closing of the menhaden processing facilities at Levies without any concentrated effort to attract new fishery related industries as replacements indicates the lack of a commercial finfish policy. However, recreational fishing activity in Delaware Bay has increased dramatically as commercial fishery landings have declined. Recreational fishing activities now far outweigh the benefits of encouraging the intensification of near shore commercial fishing effort. Conflicts, exist at, the present time, and these conflicts will increase as commercial and recreational fishermen attempt to catch fish in the same area and at the same time. Policy guidelines might aid in the management of these situations. In order to develop a comprehensive fishery policy, several other subordinate problems, issues and opportunities must first be analyzed. The apparent success of the Fisheries Conservation and Management Act of 1976, which has created new opportunities for domestic fishermen to fish for species previously depleted by foreign fishing fleets, also has created the opportunity for development of 118. deep water fishing port facilities, especially in the Middle Atlantic area. Breakwater Harbor, in Lewes, is ideally located in relation to the offshore fish stocks in the Fishery Conservation Zone (3 - 2bo miles) off the Middle Atlantic states. The present Owner of the former menhaden processing plants at Breakwater Harbor CD - is rebuilding the piers and rehabilitating existing warehouses and utilities and advertising leases to fishery related industries. Appropriations have been approved by the U. S. Congress for dredging the access channel to Breakwater Harbor to a depth which will allow all but the largest of fishing vessels to dock there. A dedicated effort should be made by the Department of Natural Resources and Environmental Control, Office of Management, Budget end Planning, and the Division of Economic Development to CD encourage the orderly development of these Dort facilities in comDliance under environmental and local and county guidelines. The staffs of these departments should act as liaison between the owners, Lewes officials, county officials, and potential fishermen, fish buyers, processors, and marketing agents. Considering the fact that many offshore (3 - 200 mile) species of fishes are now being managed under fish management plans developed by the Regional Fishery Management Councils and implemented by the Secretary of Commerce, the need for management of many inshore species in the territorial seas 0 - 3 miles) and in'-and waters of Delaware is becoming more apparent. Anadromous fishes may either be regulated by the state or preempted from state control by a fish management plan as implemented by the Secretary of Commerce. To date, there has been no preemption by the Federal Government- to manage any inshore species, but problems with managing these species are increasing. Also apparent, as a problem, are those species of fish which migrate between states that have vastly different lwvs and regulations pertaining to these fish. Consequently, 'he management of these stocks can be splintered and contradictory between adjoining states. The jurisdictional- level Of fisheries management is, therefore, a major problem confronting coastal states. An equitable allocation of fish stocks between states for both recreational and commercial interests must'. be addressed to conserve these stocks. The issue to be addressed in Delaware is whether or no t regulatory authority for coastal fisheries should be authorized by 'he lecislature to 'he Both the po2i,.cal and scientific conservation of natural resources axe delicate points in this issue. Viuch consideration should be given tuo the local economy and best use of oi irr fishery resources. I'Lowever, to insure the continuation of the fishery and the preservation of a species, decisions must be made in a timely and open fdshion. The question is whether the legislature, DNREC, or another form of authority might be in the best position to make these decisions. The DNREC has the technical staff and the experience in dealing with marine fisheries enforcement problems since they are-the designated enforcement agency for existing finfish sta-'%-.utes and shellfish regulations. 120. Regardless of which agency determines the management of an inshore fishery, an adequate data base on catch and effort by fishermen, reliable fish stock assessment and the socio-economics of the fishery must be collected and competently analyzed. This is a problem in Delaware. A bystem, should be established, either mandatory or voluntary,to enable the DNREC, in cooperation with other states and federal agencies, to collect these statistics from fishermen in addition to the biological and ecological data regarding the resources. Conserving fish stocks while allocating the maximum sustainable yield to both recreational and commercial fishermen is a major issue and should be addressed. Another -oroblem in coastal fisheries in Delaware is lack of public understanding of coastal fisheries management and the consequent reluctance -to accept management of marine fisheries. Many individuals I.-hink of fisheries management in coastal waters as being similar to that practiced with fresh water lakes where stocking new species of fish and reclamation projects have been successful. These individuals fail to realize that the ocean, bays and tidal rivers have their limits, and fisheries management in these coastal environs involves many more aspects than restocking depleted species. A program should be designed to administer an integrated information, education and enforcement pro-ram for coastal fisheries management. The final issue identified is related to all the above problems and issues for coastal fisheries in Delaware - the question of how to finance coastal fisheries management programs. Different 121 sources of possible revenue have been identified. These include a recreational fishing license, a commercial fishing license, additional boat registration fu_qds, area user fees, unclaimed, off-road gasoline taxes and additional general fund appropriations. These new sources of revenue, other than general funds, should be dedicated to marine fisheries management programs and not subject to indiscrimiiiant budget reductions or diversions by special interest groups. Pxesently, most of the DITREC's coastal fisheries management is funded with the following federal grants in aid: (1) Federal C@ Aid in Fish Restoration Act (Dingell-Johnson Act P.L. 81-681); .(2) Anadromous Fish Conservation Act (P.L. 89-304); and (3) Commercial Fisheries Research and Development Act (P.L. 88-309). Each of these, however, requires a proportional matching amount from the state, and* it is these matching funds that are in short supply. Only those who harvest certain shellfish in Delaware are required to be licensed. Licensing fishermen would serve the dual purpose of identifying fishermen for the gathering, of catch and effort statistics as well as increasinr, revenues. Another value of C) I licensing is that the true number of commercial fishermen could be defined and substantiated in disputes with offshore oil support facilities, oil spills, fish kills, CZM planning, etc. Each possible source of revenue should be analyzed thoroughly. If le-islation is required to generate or dedicate these revenues, it also should be prepared. 122 RANKING OF PROBLEMS, ISSUES, AND OPPORTUNITIES The purpose of the second task in this program is to rank the problems, issues and opportunities associated with Delaware coastal fisheries. Each problem, issue and opportunity previously described is inter-related, but some need more immediate attention than others. Priotity Number One The first issue that should be considered, but notnecessarily resolved immediately, is a state policy for coastal fisheries. Coastal Zone 'Management, issues must consider coastal fisheries. However, with- out policies to'serve as a guide, decisions involving management of the coastal zone may be delayed pending impact analyses on present fisheries and future fisheries potential. A sound fishery policy would greatly assist in the decision making process. Priority Number Two The most obvious opportunity is the current and almost urgent need for a Middle Atlantic fisheries port to accommodate increased fishing fleets fishing in the Fisheries Conservation Zone (3-200 miles). Breakwater Harbor and adjoining piers and property in Lewes of the former menhaden processing plants are ideally situated for port development. Other Middle Atlantic ports (Cape May, N.J., Ocean City, Md., and Chincoteague, Va.) are over crowded and have shallow depths in their inlets. Breakwater Harbor has recently been approved for dredging, has no inlet to shoal, and has ample room for dockage facilities as well as storage, fuel, ice, transportation and c9mmunity interest in this type of development. Other states are actively advertising for fishermen and fish packers, processors, shippers and marketing agents to locate at their ports, and Delaware should exert equal effort to attract these seafood industries to Lewes. Priority Number Three A problem that presently complicates coastal fisheries manage- ment is the present set of laws pertaining to marine fishing. Many of these laws were enacted over SO years ago when fishing vessels used C, sail power and steam engines, and refrigeration was not yet available. Legal methods of fishing and restrictions on various species of fish are no l'onger applicable in most cases. The public is often confused, justifiably so, when interpretation of the antiquated laws requires an attorney's legal opinion. In essence, the entire Delaware Code related to coastal fisheries should be redrafted and submitted to the Legislature for consideration. Priorit-v Number Four Coastal fisheries management should be based on timely, and C@ I the best available, scientific and socio-economic data. This legis- lation should include the granting of regulatory authority to the C, I'D 0 1 1 DNREC, with possible veto or approval from a legislative or appointed committee, establishing commercial fishing licenses, recreational fishing licenses, fishing crear identification and marking requirements, fish sanctuaries, and reporting requirement of catch and effort data. Much-attention should be directed to the arowina, conflict between 0 0 recreational fishing interests and expanding commercial fishing oppor- 0 0 __1 tunities with modern fishing gear. Supply and demand for fish stocks C, ID could have profound effects upon Delaware's coastal communities in the very near future. If coastal fisheries management is to be applied, using the best available scientific and socio-economic data, this information must first be collected and correcly analyzed. This will require either voluntary or mandatory keeping of records bv commercial and recreational fishermen, fish buyers, fish proces sors and fish shippers. It also will include up-to-date field inventories of Delaware's fish stocks in coastal waters. An integrated system must also be developed in cooT)eration with other state fisherv manaaement agencies and the National Marine Fisheries Service (NOAA, U. S. Department of Commerce) for collecting data required of migratory stocks of fishes, and from C, the fishermen who pursue them beyond the three-mile territorial seas of adjoining states. Conserving fish stocks a-, id allocating the optimum 0 C) Z> sustainable yields to both recreational and commercial fishermen is a critical management issue and should be resolved. Priority Number Five A recurring problem that hinders coastal fisheries management is the biased public opinion that formulates because of inaccurate theories and insufficient data. To help resolve this problem and correctly inform the fishing and non-fishino public, an integrated program involving information, education and enforcement of our coastal fisheries should be developed. Delaware's Marine Police should receive additional education in marine fisheries management in order 124 . to provide accurate answers to the questions of the public. A package of materials related to coastal fisheries management should be compiled C> for distribution to boat owners, fishermen and conservation groups I throughout Delaware. Priority Number Six Last, but not least, is the problem of funding coastal fisheries management. All options should be explored in order to address the financial needs of managing our fishery resources. 125 DEVELOP STRATEGIES AND OPTIONS TO RESOLVE PROBLEMS AND ISSUES IN ORDER TO FORMULATE FISHERIES MANAGEMENT PROGRAM Several options exist for managing coastal fishery stocks. Various levels of federal and state authority and interstate agree- ments and commissions exist to manage fisheries. However, each has its own deficiencies, and an overall set of guidelines should be established and followed by all the states and federal authorities for a species of fish throughout its range. The Atlantic States Marine Fisheries Commission (ASMFC) was a compact created to allow the Atlantic coastal states to better manage their marine fisheries. In 1950, the Atlantic States Marine Fisheries Commission made the first amendment to the existing compact between the Atlantic coastal states. This first amendment made provision for any two or more states to set up joint regulations for the management of common fisheries resources. Amendment No. 1 has not been ratified by the states of Delaware and New York. The State of Delaware had previously entered into a compact with the State of New Jersey in 1905, years before the establishment of the ASMFC. The 1905 Compact established uniform fishing regulations for the common finfisheries shared by Delaware and New Jersey. Recently, it was determined that the 1905 Compact was never ratified correctly, and the compact is no longer considered valid. The enactment of the eel fishing license by the legislature directly discriminates against New Jersey fishermen in the Delaware River and totally ignores the provisions of the 1905 Compact. 126 It is imDerative that Delaware and other coastal Atlantic states enter into working agreements with neighboring states in order to develop plans for the management of near shore migratory marine resources. State/federal programs, sponsored by the Nation;il Marine Fisheries Service and the ASMFC should be encouraged for regional or coastal management of fish species that migrate along the Atlantic Coast. If something is not done soon ai the cooperative inter-state level, there is a good possibility that individual state fishery managemeilt rights might be preempted by federal involvement. The State Legislature should consider delegatincr authority to the Department of Natural Resources and Lhvironmental Control to regulate marine finfish in Delaware waters. Natural marine resource populations fluctuate so much that firmly established laws, seasons and limits are often detrimental to effective management of the resources and the livelihood of the fishermen. The state should also consider and provide more financial support to the Department in order that they might be properly equipped to manage and protect the marine resources within the state. The Fishery Conservation and Management Act of 1976 was established primarily to manage offshore fisheries. However, the fishery conservation zone extends from the three-mile state terri- torial sea boundary to the 200-mile offshore limit. The Regional Fishery Management Councils are predominantly oriented toward the management of offshore fish stocks, bnd they have no authority in the management, of coastal and regional inshore fish stocks. There 127 is a continuing effort to arnend the Fishery Conservation and Mana-ement Act to extend the council's authority into territorial seas of the states if the states are unable to manage their own coastal fiskery resources. The regulatory authority for effective management of all marine fisheries resources in Delaware should be given to the DeT)artment of Natural Resources and Environmental Control. The Department also should be given the authority to license commercial CD finfishermen within the state. Licensing is required in order to obtain reasonably reliable catch and effort data on all fish stocks in Delaware. OCELN FIS=,RY PORT DEITELOPI-21TT IN DELA1,11rARE Implementatation of the 200-mile fishery conservation zone (FC47j) by the United States and similar action by other coastal nations has'stimulated latent United States interE.;-'L; in offshore fishing. Fish consuming nations (Japan, Russia, etc.) with nationally subsidized distant water fishing fleets are no longer able to indisdriminately harvest huge quantities of fish close to the coast',s of the United States and many other nations. It is true that enactment of the 200-mile fishery limit came only after many of the more valuable East Coast groundfish populations had been severely over-harvested by foreign fishing vessels. Regional fishery .councils have been created to develop resource management plans for fishery resources with the FCZ. Prior to the establishment of the 200-mile limit, offshore fishing by United States vessels was not especially profitable because shore-based U. S. fishir-c- vessels could not compete economi- cally against foreign labor, factory and nationally subsidized foreign fishing fleets. Foreign nations could catch and sell processed fish to U. S. fish buyers at prices much lower than the mini-mum prices required by U. S. fishermen. Fish flesh has long boen a significant source of protein throughout a large portion of the world. Fish consuming nations are faced with ever increasing fish shortages, and several fishing nations are exploring the possibility of purchasing huge quantities of fish from U. S. fishermen. The increased marketability of fish 129 now cauaught by United States fishing vessels is causing major conflicts within the regional fishery management councils. In the new England fishery management zone, groundfish stocks of cod, haddock and yellowtail flounder have been seriously reduced, at least in part, by foreign fishing pressure. The elimination of the major foreign fishing pressures has resulted in a 50 percent increase in the number of U.S. vessels fishing for the same species. The New England Fishery Management Council is attempting to manage these groundfish resources by establishing catch quotas, but the New England fishermen are reluctant to accept most of the council management recommendations. Essentially, the increased marketability of white flesh fish (cod, flounder, etc.) is causing U. S. fishermen to exert increased fishing pressure on the existing New England groundfish stocks to a degree similar to that previously employed by foreign fishing vessels. Within the mid Atlantic fishery management zone, and especially off the coast of Delaware, there are no large offshore stocks of the traditionally higher valued white flesh groundfish. Prior to the enactment of the 200-mile limit, the offshore fishery resources in the mid Atlantic region were aboundant enough to keep several large foreign fleets fishing night and day throughout the warmer months of the year. Now, according to National Marine Fisheries Service surveys, previously under-utilized stocks of squid, butterfish and red hake are abundant enough to form the basis of a large and intensive mid Atlantic offshore trawl fishery. -ies just inside The old menhaden plant docks and shore facilit Cape Henlopen-in Lewes, Delaware appear to be ideally suited for the development of an offshore ocean fishery port. It is important to emDhasize the desirability of developing port facilities for vessels engaged in fishing for offshore and/or under-utilized C) CD fishery resources. The development of nearshore trawling fleet facilities should not be encou-raged until conflicts between recreational fishermen and hearshore trawlers are resolved. A small fleet of nearshore tra-eilers has operated out of Ocean City, Maryland for a numbe-- of years. Thus far, there have been no recent major problems between the Ocean City trawling fleet and the recreational fishing fleet. -This is in Dart due to the -relatively small size of the Ocean City trawlers, as well as the relatively small number of trawling vessels that operate. CD Party boats, charter boats, and private recreational .1"ishing boats in Delaware rely a1most entirely on the seasonal abundance off nearshore fish s-Qec4L--s for business and/or recreation. The State of Dela,, @;are has legal jurisdiction over fishery resources only within three miles of the Delaware coastline. United States commercial fishing vessels of any type and size can, and do, legally fish for -hat are marketable. Nearshore fish any nearshore fish species 11 species, including sea trout, croaker, rockfish, bluefish, summer flounder, porgies, etc., sometimes school in heavy concentrations as far as 20 miles from.shore. On unobstructed bottom and in shoal waters, schools of these nearshore species are especially vulnerable to trawl netting and 'purse seinin,,. Durinm the siriraers of 1977 and 197E3, seve-l-al pairs of New Ulersey trawlers were engaged in pair Lor sea trout near the mouth of Delaware Bay. Several incidents have already occurred between trawlers and charter fishing boatus, and future confrontations are almost certain to occur* It should be reemphasized that most of Delaware's important recreational finfish migrate through the nearshore FIZ. Development of a deep water port facility in Lewes might result in increased nearshore trawling pressure on the trout, flounder, croakers, etc. on which the recreational fishery depends. 132 RESOLVING CRITICAL PROBLEMS AND-ISSUEES One problem that was identified as critical and in need of immediate attention in the Coastal Fishery Assistance Program contract fo:@ this past year is the boundary dispute between Delaware and New Jersey in the Delaware River and Bay. This problem has not been resolved, and it is outside the jurisdiction of the Division of Fish and Wildlife, DNREC, to resolve. However, it is being addressed by the Office of Ylanagement, Budget and Planning (OMBP) and should be resolved in 'Che near future. Many informal interviews were conducted with fishermen in gathering information on Delaware Coastal Fisheries issues, problems and 0,0,0ort-unities. Although not critical, the most readily identifiable opportunity involving fisheries is the potential for a major deep wat er f ishing port in Breakwater F.---,rbor, Lewes, Delaware. @everal meetings were attended that were sponsored by the Delmarva Advisory to U .1. Council in c-atherin- public comments on their "Delma--va Ocean Fishery C3 Port.S-arvey". '-eakwater Harbor was designated as having ve--y high CD potential for fisheries development. Subsequent meetings with Fisher Enterprises, Inc., the owner of the piers and property at Brea-laiater Harbor,and the Division of Economic Development were very productive in pursuing this opportunity. A brochure was designed with appropriate demographic and fisheries information to advertise the potential of the harbor facilities at Lewes. Governor du Pont, Sussex County officials , and the Mayor of Lewes have also endorsed the concept of a major,fishing port in Breakwater Harbor. 133. Efforts should continue by fisheries personnel to provide advisory services to these officials in their promotion of Breakwater Harbor. Recreational, as well as commercial, fishing interests should be considered in providing facilities at the Breakwater Harbor. Legislative needs were not discussed in any detail with legislators or fishermen during this program segment. Previous legislative contacts indicated a need for additional data to better ascertain if new legislation is required. These problems will, therefore, be more directly addressed in the next segment of the Coastal Fishery Assistance Program. A meeting was attended in Fort Lauderdale, Florida which was sponsored by the National Coalition for Marine Conservation, Inc. and addressed the concept of a Marine Recreational Fishing License. Many participants were officials from other coastal states who agreed that the justification for such a recreational license is appaent, but the public is not yet in a position to accept such a license. Considerable opposition was expressed by many sport fishermen as to the use of revenues generated by such a license. Recreational fishermen apparently would be much more receptive of a recreational marine fishing license if assurances could be made that all funds derived from the sale of said licenses would be dedicated to marine recreational fisheries programs. A meeting of the Technical Advisory Committee of the Atlantic States Marine Fisheries Commission was attended in Norfolk, Virginia to discuss the marine recreational fishining license and other interstate and state/federal fishing management proposals. It was evident from the discussions that other coastal states are as much concerned with managing coastal inshore fisheries as Delaware. Future cooperation between states and the federal oovernment must be pursued to @etter manage coastal fisheries without federal preemption of historical fishing interests within the various states. REFERENCES Abbe, G. R. 1967. An evaluation of the distribution of fish populations of the Delaware River Estuary. M. S. Thesis, University of Delaware, 64 P. Bigelow, H. B. and W. C. Schroeder 1953. Fishes of the Gulf of Maine, U. S. Fish & Wildlife Service, Vol. 53, 577 pp. Castagna, M. A. 1970. Hard clam culture method developed at VIMS. Marine Resources Advisory Series No. 4, Virginia Institute of Marine Sciences, Gloucester Point, Va., 3 p. Cole, R. W. 1976 a. Hard clam survey Indian River-Rehoboth Bay. Unpublished manuscript, Department of Natural Resources and Environmental Control, Dover, Delaware. b. Hard clam planting experiments, Unpublished manuscript, DNREC, Dover, Delaware. c. Comprehensive report on the hard clam Mercenaria mercenaria in Delaware, Unpublished manuscript, College of Marine Studies, University of Delaware, Lewes, Delaware. Dahlberg, M. C. 1972. An ecological study of Georgia coastal fishes, Fish. Bull. 70(2):323-353 pp. Daiber, F. C. 1969. A summary of biological studies on Indian River and Rehoboth Bays with management recommendations, Univ. Del. for State Planning Office, Dover, Delaware, 26 p. de Sylva, D. P. 1962. Racial status of juvenile striped bass in the Delaware River Estuary, Univ. of Del. Dept. Bio. Sci. (Newark), Ref. No. 61-10 (D, RS). Higham, T. R. and W. R. Nicholson 1964. Sexual maturation and spawning of Atlantic menhaden, U. S. Fish, & Wild. Serv., Fish. Bull. 63:255-271 pp. Horn, James G. 1957. The history of the commercial fishing industry in Delaware. Undergraduate thesis, Univ. Del., Newark, Del. Humphries, E. M. and F. C. Daiber 1968. Shellfish survey of Indian River Bay and Rehoboth Bay Delaware, June 1967, Technical Report, Delaware Project PH-86-66-159, Univ. Del., Northeast Marine Health Sciences Laboratories. Jensen, P. A. 1976. Delaware's small bay resources, Univ. Del. Sea Grant Pub. DEL-SG-15-76. REFERENCES ( cont'd) Karpas, R. M. 1978. The hydrography of Indian River and Rehoboth... s small bays, Masters Thesis, Col. Marine Studies, Delaware' Univ. Del., Newark, Del. Keck, R. T. 1973. Marine invertebrate resources, Annual Report 1972-73 C.M.S., Univ. Del., Lewes, Del. Keck, R. T. 1974. The hard clam survey of Delaware Bay. Final Report submitted to Fisheries Division, Delaware Dept. of Natural Resources and Environmental Control, Dover, Del. KIRY, P. R. 1974. An historic 1 ook at the water quality of the Delaware River Estuary to 1973, Dept. of Limnology, No. 4 Academy of Nat. Sci., Phila., Pa., 76 p. Lesser, C. A. 1968. Marine fisheries survey, Del. Game and Fish Comm., Dover, Del., 21 p. Loosanoff, V. L. and H. C. Davis 1963. Rearing of bivalve mollusks, In Advances in Marine Biology, Vol. 1, Academic Press, London and New York, 136 p. Mansueti, R.J. 1958. Eggs, larvae and young of the striped bass Roccus saxatilis. Chesapeake Bio. Lab. Contrib. No. 113, 12 p. Martin, C. C. 1973. Sport fishing survey of the Delaware Estuary, Fed. Aid Fish Proj. F-24-R, Final Rep., Delaware Div. Fish and Wild., Dover, Del. McHugh, J. L. and R. B. MacMillan 1976. Comprehensive report on the hard clam (Mercenaria mercenaria) industry in New York State, Unpublished manuscript. Coll. Mar. Studies, Univ. Del., Lewes, Del. McHugh, J.L. and J. C. Ginter 1978. Fisheries, MESA New York Bright Atlas Monograph, New York Sea Grant Institute, Albany, N. Y. Miller, J. P., J. W. Friederdorff, H. C. Mears, J. P. Hoffman, F.R. Griffiths, R. C. Reichard and C. W. Billingsley 1975. Annual Progress Report, Del. River Basin Anadromous Fish Project AFS-2-6, USFWS, 223 p. Miller, M. 1962. The Delaware oyster industry, past and present, Boston Univ. Graduate School 62-4561, 325 P. Miller, R. J. 1959. A review of the sea basses of the genus Centropristis (serranidae), Tulane Stud. Zool. 7:33-68. (cont'd) REFERENCES Miller R. W.1977. Marine recreational fishing In Delaware, Del. Div. of Fish & Wild., Dover, Del. Doe . 40-05/78/61-78. Musick, J. L. and L. P. Mercer 1977. Seasonal distribution of black sea bass Centropristis striata in the Middle Atlantic Bight with comments on the ecology and fisheries of the species, Trans. Am. Fish. Soo. 106(l):13-25. Poole, J. C. 1961. A review of research concerning summer flounder and needs for further study, N. Y. Fish. Game, 13:330.-231. Raney, E. C. 1952. The life history of the striped bass Roccus saxatilis (Walbuam), Bull. Bingham, Oceanogr. Collect 14(l):5-97. Ritchie, T. P. 1976. The U. S. clam industry, Univ. Del. Sea Grant Technical Report, DEL-SG-26-76. Shuster, C. IT., Jr. 1959. Biological evaluation of the Delaware River Estuary, Univ. Del. Mar. Labs., Information Series, Pub. No. 3, 77 p. Wilks, S. J. 1977. Biological and fisheries data on bluefish Pomatomus saltatrix (Linnaeus), Sandy Hook Lab. NMFS, N.E. Fish. Center Tech. Rep. No. ll, 56 pp. 3 6668 14101 0456