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NEW JERSEY SHELLFISHERIES COUNCIL Delaware Bay Section Meeting Name Monthly Meeting of NJ Shellfisheries Council - Delaware Bay Section Meeting Date March 5, 2013 Meeting Time 6:00 PM Venue Haskin Shellfish Research Laboratory City Bivalve, NJ Attendees General Public Council State Representatives Haskin Research Lab Warren Hollinger, Cumberland Co. Russell Babb, DFW Shellfisheries David Bushek, Director Scott Bailey, Cumberland Co. Craig Tomlin, DFW Shellfisheries Kathryn Alcox Steven Fleetwood, Cumberland Co. Richard Malinowski, Salem Co. Cape May / Salem Co. Vacant Compliance with the Sunshine Law Notice of this meeting was posted December 20, 2012 with the Secretary of State s Office, State House, Trenton, NJ and the Bridgeton Evening News, and Daily Journal pursuant to L. 1975 c. 231. Minutes May 1, 2012 August 7, 2012 Approved Motion by Councilman Fleetwood Second by Councilman Malinowski Approved Motion by Councilman Fleetwood Second by Councilman Malinowski October 2, 2012 Approved Motion by Councilman Fleetwood Second by Councilman Malinowski January 8, 2013 Approved with one correction Motion by Councilman Fleetwood Second by Councilman Malinowski Page 1 of 5

Revenue collected for January totaled $8,361.50: License Type Total License Type Total Commercial Crab Pot License $700.00 Net License $3,178.00 Delaware Bay Crab Dredge License $1,000.00 Application Fees $160.00 AC Crab Dredge License $600.00 Dealer License $100.00 Commercial Shellfish License $1,050.00 Lease Fees $169.50 Recreational Shellfish License $50.00 Area 1,2 & 3 $84.00 Dredge Boat Renewal $92.00 Tonging Tags $800.00 Otter Trawl $102.00 Menhaden $276.00 Revenue collected for February totaled $4,705.00: License Type Total License Type Total Commercial Crab Pot License $600.00 Net License $2,055.00 AC Crab Dredge License $400.00 Application Fees $142.00 Commercial Shellfish License $250.00 Dealer License $100.00 Recreational Shellfish License $50.00 Tonging Tags $400.00 Otter Trawl $204.00 Menhaden $504.00 Oyster Resource Development Account March 4, 2013 Unexpended $574,906.09 Total dollars currently in account Expended $ 0 Spent from account during FY 13 Pre-encumbered $ 0 Amount previously set-aside for preparation of term contracts (cancelled) Uncommitted $413,406.09 Current free-balance (not obligated/encumbered to specific vendors, etc.) 1. Old Business: Annual Election of Co-Chairman Councilman Fleetwood made motion for Mr. Malinowski to be Co-Chairman, The motion was seconded by Chairman Hollinger EDA Grant Status 2 of 5

Dave Bushek explained to the Council that every politician had been contacted in hopes of getting them to help get a move on the grant. He also feels that the people he contacted are still over whelmed with Super Storm Sandy issues. Mr. Bushek stated that the standard response received is it is in the queue, the money is not spent, and it is still a viable project and we will know when we know. Mr. Babb stated that the shell supplier has other options, and it s getting harder to tell them that we will give them answers and give them a plan for 2013, they also need to generate revenue. Chairman Hollinger stated how he made numerous phone calls to Lautenberg and Mendez and there was never a response back from either. Further discussion ensued. Councilman Fleetwood mentioned that all of the NJ surf clam shells are now headed to the Chesapeake Bay because they can get funding for their projects. Chairman Hollinger add that the oysterman tax themselves $2 a bushel for every bushel they harvest and use that money to buy the shell. He then stated that the industry has a grant proposal with the Federal Economic Development Administration that was related to hurricane Irene and tropical storm Lee. Chairman Hollinger went on to explain that the grant was to provide money to help to revitalize the area and it has been months with no response from EDA. A discussion ensure about the discrepancy between the about of Federal aid the Chesapeake Bay receives compared to the Delaware Bay. Mr. Babb stated that there is a state legislation in Maryland called No Shell left behind; the legislation states that a certain percentage of shell removed from the bay needs to be replaced. 2012-2013 Oyster Stock Assessment Workshop(SAW) D. Bushek Mr. Bushek presented the Council with charts, size data, recruitment data, data for fishing related mortality, amount of fishing effort per bed and other metrics discussed at the SAW. Further discussion ensued. He then reported that we lost two boats to consolidation this year and there are 38 active boats in the fishery, 17 are single dredge and 21 dual dredge. He noted that there are about 266 oysters in a bushel that are market size and about 88 oysters in a bushel that are under market size. Mr. Bushek stated that by looking at dredge coverage one can determine the amount of effort put into a certain area. As an example he explained that less than18% of the area on Bennies was covered by dredge and over 300% of the area on Shell Rock was covered. He continued that the intermediate transplant came off of Arnolds as well as a split transplant from Middle, Upper Middle and Sea Breeze. Mr. Bushek showed the council a chart identifying target abundance, and he noted that we are below the target but above the threshold. He then stated that market abundance is in good shape. Mr. Bushek summarized the total condition of the oyster beds by showing a stoplight diagram. Lengthy discussion ensued. Mr. Bushek presented the SARC recommendations as follows: 3 of 5

Direct Market High Mortality Beds: 40 th percentile, if there is a significant transplant to the region then they recommend up to the 60 th Shell Rock: 25 th percentile, if there is a significant transplant to the region then they recommend up to the 50 th Med Mortality Beds: 100 th percentile Intermediate Transplant Very Low Mortality Beds: closed Low Mortality Beds: any percentile with the caveat that it should go to Shell Rock Med Mortality Beds: any percentile with the caveat that no more than 50% taken from Middle and that it should go to upper high mortality regions Further discussion ensued Motion and second were inaudible. All Council members were in favor of accepting the SAW harvest recommendations. 2013 Direct Market Program Councilman Hollinger explained to the Council the dates for sign ups, transplants and opening the fishery. The direct market program sign up period will be March 6- March 21, 2013 Intermediate transplant sign up will be March 6 - March 21, 2013 Tags will be made available April 1, 2013 please order batches of 200 The Direct market program is scheduled to open on April 8, 2013 Direct market fishery will close on November 22, 2013 Intermediate transplant will began on April 22, 2013 Shell rock will not open until the start of the Vibrio season, each bed will be closed when each of their individual quotas are reached. High mortality beds and medium mortality beds will be open at the beginning of the season. Councilman Hollinger made a motion to accept the control dates. Councilman Bailey seconded the motion. All were in favor. Mr. Tomlin stated that the Bureau will send a letter to all oysterman with the opening date of shell Rock, and that the date will correspond with the start of vibrio season. Further discussion ensued. Councilman Hollinger made a motion for the transplant fee of $2.75. Motion was seconded by Councilman Fleetwood, all were in favor. 4 of 5

2. New Business Special Meeting 2013 Vibrio Control Plan tentatively March 26, 2013 6:00pm (Mailing to Industry) Mr. Babb said that the meeting is scheduled so Marine Water Monitoring and FDA staff can present the potential plans for the 2013 Vibrio season. Mr. Babb stated that the vibrio control plan outline the dates and the hours of harvest for vibrio season. He then mentioned staff from Marine Water Monitoring, Department of Heath, Bureau of Shellfisheries, Marine Enforcement and FDA would be meeting on March 13, 2013 to come up with options to the 2013 Vibrio Control Plan. Mr. Bushek commented on an Email he received about a meeting being held in Delaware. He stated that it was in reference to an interstate seafood seminar where they were going to be looking at neuro viruses in oysters, shellfish sanitation, time and temperature regulations. He informed the Council that he would forward this email to Council members, aqua culturist, and harvesters. Mr. Fleetwood stated that the Vibrio program is meant to minimize risk and there is no way to eliminate risk. He then noted that the restaurant involved in the 2012 outbreak was also involved in the 2011 outbreak. Further discussion ensued. Adjourn @ PM The next meeting of the Council will be tentatively held on: TBD In the library of the Haskin Shellfish Laboratory 5 of 5