Options for Special Management Zone Designation
of Delaware Artificial Reefs in the EEZ

1. No Action

Under this option the Council would take no action and the Delaware artificial reef sites in the EEZ would remain open to all gear types. This option would deny the Delaware request to grant SMZ status for its EEZ reef sites and allegations of gear conflicts would likely continue. Delaware could potentially lose a portion or all of its funding for maintenance and construction of artificial reef sites in the EEZ under the Wallops-Breaux Sportfish Restoration Program if no action is taken.

2. Designate some or all of the Delaware permitted artificial reef sites as SMZs

2a. Designate reef sites 9, 10, 11, 13 and 14 as SMZ (i.e., all five reef sites)

Under this option all five of the Delaware reef sites would be designated as SMZs as described in Amendment 9 to the Summer Flounder, Scup and Black Sea Bass FMP. Provisions of Amendment 9 allow the Council to prohibit or restrain the use of specific types of fishing gear that are not compatible with the intent of the artificial reef or fish attraction device or other habitat modification within the SMZ. If the Council chooses this option, the specific gear(s) that would be prohibited would be determined by the Council under option 3 below. The degree of potential impact from this option on various fishing sectors would depend on which gears were prohibited within the SMZ and the duration of the SMZ designation.

2b. Designate reef sites 11, 13 and 14 as SMZs (only sites with documented potential for gear conflicts)

Little or no commercial fishing activity was documented in the vicinity of reef sites 9 and 10, so there appears to be little opportunity for gear conflicts to occur at these sites (especially for fixed pot/trap gear). Therefore, it would appear unnecessary to designate these sites as SMZs on the basis of amelioration of gear conflicts. However, commercial fishing activity on sites 11, 13 and 14 was documented at these sites based on VTR data, so the potential for gear conflicts exists at these sites. As noted above, the potential impact on various sectors of the fisheries would depend on the gears prohibited and the seasonal extent of the SMZ designation.

2c. Designate reef sites 9, 10, 13 and 14 as SMZs but not site 11

During the original permit process for reef sites 9, 10 and 11, the Council opposed the granting of a permit for reef site 11 by the COE because there were indications that considerable commercial fishing activity took place at this location. Therefore, the Council could designate reef sites 9, 10, 13, and 14 as SMZs but not site 11 based on the argument that it would remain consistent with that historical position. However, site 11 appears to be the area that has the greatest potential for gear conflicts between hook & line gear and fixed pot/trap gear and, therefore, the Council would not be addressing the primary justification given by the state of Delaware for the SMZ designation request (i.e., amelioration of gear conflicts).

3. Gear Restrictions

3a. Prohibit use of fixed pot/trap gear on sites designated as SMZs

Under this alternative, the Council would prohibit the use of fixed pot/trap gear on reef sites designated as SMZs. This gear restriction would apply during the time periods associated with the options under alternative set 4 below. This option responds to the basis for Delaware's SMZ request which was to ameliorate gear conflicts on its artificial reef sites between hook & line and fixed pot/trap gear.

3b. Restrict fishing activities in designated SMZ sites to hook & line and spear fishing gear only

Under this alternative, the Council would prohibit the use all fishing gear on reef sites designated as SMZs, except hook & line. and spear-fishing gear (during periods of SMZ designation as per the option chosen under alternative set 4) . Under this alternative, the use of commercial hook & line fishing gear within the designated boundaries of SMZs would still be permitted, however the use of all other commercial fishing gears would be prohibited (i.e., gill nets, long lines, etc.).

4. Seasonal SMZ Restrictions

4a. Designate SMZs during periods when recreational fishery for black sea bass is open

The original request by Delaware for SMZ designation was based on the stated need to reduce gear conflicts between hook & line and fixed pot/trap gear on its EEZ reef sites under provisions of Amendment 9 (black sea bass FMP amendment). Since the rational for the SMZ request is related to the black sea bass fishery and its management, the Council could designate all or some of the Delaware EEZ reef sites as SMZs when the recreational season for black sea bass is open.

4b. Designate SMZs year round

Under this alternative the SMZ designation for any or all of the five artificial reefs would be in effect for the entire calendar year.

4c. Designate SMZs during periods peak recreational fishing effort (e.g., Memorial Day to Labor Day)

The purpose of this alternative to be to attempt to reduce gear conflicts of Delaware reefs sites by designating SMZs during periods when the chance of gear conflicts would be expected to be at a maximum (i.e., during periods of peak recreational fishing activity).

5. SMZ Buffer

5a. no buffer

5b. 1000 yard buffer (equivalent to 0.5 nautical miles)

Law enforcement personnel indicated that any SMZ designations by the Council should include a buffer around the boundaries of the artificial reef to allow for adequate enforcement. Under this alternative, the areas designated as SMZs would include the area within the published boundaries of the reef included in the COE pellnit plus a buffer of 1000 yards (0.5 nautical miles). This buffer was specifically recommended by personnel from the US Coast Guard and NMFS Office of Law Enforcement.

5c. 500 meter buffer (equivalent to 0.25 nautical miles)

Law enforcement personnel have indicated that any SMZ designations by the Council should include a buffer around the boundaries of the artificial reef to allow for adequate enforcement. Under this alternative, the areas designated as SMZs would include the area within the published boundaries of the reef included in the COE permit plus a buffer of 500 meters (0.25 nautical miles). The SMZ designations in the South Atlantic include a 500 meter buffer around the reef site boundaries.


Public hearings

Public Hearing for Special Management Zone (SMZ) Designation in EEZ

Potential designation of Delaware's five artificial reef sites in the EEZ as SMZs

January 17, 2013 7pm-9pm

Ocean County Administration Bldg., 101 Hooper Ave., Public Hearing Room #119, Toms River, NJ 08754


January 15, 2013 7pm-9pm

Clarion Resort Fontainebleau Hotel, 10100 Coastal Highway, Ocean City, MD 21842 (410) 524-3535.


January 16, 2013 7pm-9pm

DNREC-Division of Watershed Stewardship Bldg., 901 Pilottown Road, Lewes, DE 19958.

http://www.mafmc.org/meetings/meetings.htm