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THE MFC ADVISOR Marine Fisheries Commission Business Meeting The MFC held a business meeting January 24-25 at the Marriott in Carolina Beach, North Carolina. The following members were in attendance: Mac Currin – Chairman, Dr. B.J. Copeland -Vice Chairman, David Beresoff, Mikey Daniels, Jess Hawkins, Rusty Russ, Bradley Styron and Marshall Williford. This was Mr. Hawkins first MFC meeting; he replaced Dr. Barbara Garrity-Blake. Dr. Jim Leutze resigned from the commission on Jan. 8, 2008 and his replacement had not been named by this meeting date. Motions and Actions Motion by Dr. B. J. Copeland to approve the minutes of the November 2007 MFC business meeting, seconded by Marshall Williford – motion passed unanimously. Public Comment Kelly Schoolcraft – Talked about South Atlantic fisheries and the recreational sale of king mackerel and that the recreational catch goes against the commercial quota. He said that in commenting on Amendment 15B to the South Atlantic Fisheries Management Council’s Snapper-Grouper FMP the MFC should support a prohibition of the sale of recreationally-caught fish. At the South Atlantic Fisheries Management Council’s scoping meetings on allocation issues, he encourages the commission to ask for state-by-state quotas. He then talked about Limited Access Participation Programs and encouraged the commission to look into Virginia’s limited entry system for striped bass. Chris Elkins, Coastal Conservation Association of N.C. – He talked about the two-week extension of the southern flounder season that was voted on at the November 2007 meeting and questioned if that action was helpful. He also talked about the need to phase out dredging and eventually only allow dredging on leases and how this action would improve water quality. Fishermen displaced from dredging activities could work leases and have year-round employment and hold their product until prices are high. He also talked about North Carolina needing to have a peer reviewed stock assessment and that oysters were more important as habitat than as a food source. He said North Carolina needed to adopt a forward-looking plan that could be the commission’s legacy. Andy High – Ask why the commission was not considering Limited Access Participation Programs for recreational fishermen. He said the commission needed to examine the intent of LAPPS, which he said was a tool to reduce the number of commercial fishermen. He said if this was the commission’s objective, have the guts to say so and go ahead rather than bleed commercial fishermen to death with the death of 1,000 cuts. He said make sure the data is good enough to destroy coastal communities and that the old excuse of not having enough money for data is not good enough. He said he felt like an American Indian being pushed off the land. He then said that the commission needed to define a commercial fisherman. Declaratory Ruling The parties presented written, stipulated facts and oral presentations were made by Mr. Scott and Assistant Attorney General Amanda Little, counsel to the DMF. The MFC also heard from DMF Director Louis Daniel and Wayne Mobley, Chief of the Shellfish Sanitation Section of the Division of Environmental Health. The MFC found that shellfish raised in an aquaculture operation utilizing polluted water from prohibited waters are not approved for shellfish harvest are exempt from minimum size requirements for marketing and placing shellfish from such an aquaculture operation in the marketplace would put the public health at risk from the consumption of contaminated shellfish. Mr. Scott’s application for an Aquaculture Operation Permit for the raising of shellfish in an aquaculture operation utilizing water from a prohibited and closed area due to pollution presents a potential threat to the public health from the risk of consuming contaminated shellfish and was properly denied by the DMF director. Motion by Dr. B.J. Copeland that rules were properly interpreted in regards to Mr. Brad Scott’s request for a declaratory ruling, seconded by David Beresoff – motion passed 6-1. Motion by Dr. B.J. Copeland to revisit issue paper on shellfish leases in polluted areas, getting input from Marine Patrol and Shellfish Sanitation, to determine how to handle future situations of shellfish leases in polluted areas, seconded by Rusty Russ – motion passed unanimously. Issues from Commissioners Bradley Styron talked about nominations to the Mid-Atlantic Fishery Management Council (MAFMC), wanting to know if there was anything that precluded the Secretary of Commerce from not selecting a preferred state candidate. It was decided to send a letter to the Secretary of Commerce, copying the N.C. Congressional Delegation, asking the secretary to honor North Carolina’s selection of the its preferred candidate for an obligatory seat on the MAFMC. He then talked about recreational and commercial fishermen always being at odds. He said that the commercial fishermen had a cap on their licenses and have to comply with the trip ticket program, while recreational participation and recreational catch is open ended. He said some type of recreational trip ticket program is needed and the division needed to interview anglers and extrapolate their catch. Mr. Styron then talked about four-wheel drive vehicles being prohibited from the Cape Lookout National Seashore during the winter months and that prohibition effectively banned beach seines. This was not fair because beach seines are a traditional fishery in this area and they are allowed on the Cape Hatteras National Seashore. DMF Director Louis Daniel is going to talk with Cape Lookout National Seashore personnel regarding this issue to determine if a resolution can be reached. Mr. Styron then brought up the issue from the previous meeting of allowing oyster dredgers to harvest 60 bushels a week rather than 15 bushel a day. He was advised that the regional committees were in the process of reviewing and commenting on that proposal and their input would be reviewed at a later meeting. Mikey Daniels discussed requests he had received from fishermen regarding opening shad season earlier than Feb. 1. DMF biologist Kathy Rawls gave a history of the fishery and discussed data indicating much of the catch in shad nets that early in the year was striped bass, not shad, and opening the season that early could impact the striped bass quota. This was followed by discussion that the striped bass commercial quota in internal waters had not been met for many years. Jess Hawkins said he felt like the MFC and DMF could examine ways to give fishermen more flexibility in the shad fishery, and the issue was then referred to the Finfish Advisory Committee for further consideration. Jess Hawkins said he was honored to be on the commission and with his background and experience he wanted to serve as a resource for the commission and that he was excited about being a good steward for the fisheries resources of North Carolina. Chairman’s Report Since the meeting, Jay Kavanagh was appointed to the Coastal Recreational Fishing License Advisory Committee as the charterboat representative. Fisheries Forum – The MFC discussed participation with N.C. Sea Grant in the upcoming Fisheries Forum on March 18 in New Bern. Dr. B. J. Copeland suggested that Habitat and Water Quality be the focus of MFC portion of the program and it could be used as a platform to introduce the next layer of the CHPP implementation. Committee Reports Action Items: The committee recommended the MFC send a letter to the Environmental Management Commission thanking them for passing the storm water rules and the MFC concurred. The goals and principals of the Cape Hatteras National Seashore proposal were approved by consensus. Strategic Habitat Area – Dr. B.J. Copeland wanted to publicly thank DMF Habitat Section Chief Anne Deaton for all of the hard work she has done in helping develop a definition for submerged aquatic vegetation. Red Drum Fishery Management Plan To view the draft fishery management plan, go to: Motion by David Beresoff to approve the Red Drum Fishery Management Plan, Amendment 1 for public meetings, seconded by Marshall Williford – motion passed unanimously. Management Overview – Striped Mullet To view the presentation, please go to: To view the fishery management plan, go to: http://www.ncdmf.net/download/mulletfmpfinal.pdf Suspension of Rules Motion by Rusty Russ to resuspend the rules to implement Amendment 13C measures of the SAFMC Snapper-Grouper FMP in state waters, seconded by Marshall Williford – motion passed 6-0, with one abstention. Motion by David Beresoff to suspend the two striped bass permit rules, seconded by Mikey Daniels – motion passed unanimously. Mid-Atlantic Fishery Management Council Nominations Mr. Munden provided background information on the North Carolina obligatory appointment to the MAFMC, currently held by Mr. Jimmy Ruhle, who is completing his third term and is ineligible for re-nomination to a fourth consecutive term. He stated that, historically, the N.C. obligatory appointment on the MAFMC has been filled by a commercial sector representative. Mr. Munden then reviewed the names and backgrounds of three individuals the commission’s Nominating Committee had agreed to submit to the MFC without preference: Chris Hickman – A full-time commercial fisherman from Hatteras for the last 31 years. Participates in gill net fisheries from Cape Hatteras to Maine, targeting monkfish, spiny dogfish, bluefish, black sea bass, weakfish, croaker and king mackerel. He has participated in winter trawl, crab pot and long haul fisheries. He has served on the MFC’ Dogfish CAP, as an industry advisor to the Mid-Atlantic and New England Fishery Management Council Dogfish Committee and on the Monkfish Committee. He has been a member of the NMFS Large Whale and Bottlenose Dolphin Take Reduction Teams. Kathy Ruhle – Owns and operates a 90 ft. fishing trawler with her husband, Jimmy Ruhle. She comes from a commercial fishing background. She is familiar with fisheries for swordfish, squid, Boston mackerel and croaker from North Carolina to Georges Banks. She has been a member of the U.S. Coast Guard’s Commercial Fishing Industry Safety Advisory Committee since 1995. For the past 25 years she has participated in the council process, especially the last eight years that her husband was on the MAFMC. Jule Wheatly – Has worked with Beaufort Fisheries, Inc. since 1973, starting out as an assistant manager and serving as president and general manager since 1983. He has also been a member of the N.C. Marine Fisheries Commission, N.C. Legislative Commission on Seafood and Aquaculture, Board of Directors of the N.C. Fisheries Association and the Atlantic Menhaden Advisory Board. Motion by Bradley Styron to forward to Governor Mike Easley’s office the three designated candidates for North Carolina’s obligatory seat on the Mid-Atlantic Fishery Management Council, with Jule Wheatley as the preferred candidate, seconded by Jess Hawkins – motion passed unanimously. Motion by Bradley Styron for North Carolina not to nominate any candidates for the at-large vacancies on the Mid-Atlantic Fishery Management Council or the South Atlantic Fishery Management Council, seconded by Dr. B.J. Copeland – motion passed unanimously. The commission also asked staff to prepare a letter to Jimmy Rule, letting him know how much the MFC has appreciated his years of service on the MAFMC. Rules – Notice of Text Oyster and Clam FMPs Motion by Rusty Russ to approve rules for the Oyster and Clam Fishery Management Plans for notice of text, seconded by Dr. B.J. Copeland – motion passed unanimously. Interjurisdictional FMP Motion by Dr. B.J. Copeland to approve rules for the Interjurisdictional Fishery Management Plan for notice of text, seconded by David Beresoff – motion passed 6-0, with one abstention. Kingfish FMP Motion by David Beresoff to approve rules for the Kingfish Fishery Management Plan for notice of text, seconded by Marshall Williford – motion passed unanimously. Limited Access Privilege Program (LAPPs) The presentation can be found at: After the presentation, commissioners thanked the DMF for the educational information provided during the last several business meetings and determined they had received enough education on the issue. Jess Hawkins requested DMF prepare a report on Virginia’s limited entry program for striped bass. Coastal Recreational Fishing License (CRFL) Annual Summary The presentation can be found at: The MFC was also updated on license sales and funding and administration proposals for the CRFL. As of Dec. 31, 2007, a total of 470,400 CRFL’s had been sold, for a net revenue of $4,718,379 in the Marine Resources Fund. Approximately $1,660,852 has been obligated to the following projects or programs: Chowan River Bridge fishing complex design, a coastal angler’s guide, CRFL sales and data support, Fisheries Independent Assessment Program, CRFL implementation, and a senior stock assessment scientist position. Waterfront Access and Marine Industry Fund DMF Staff – Feb. 29 The DMF director will provide final approval on the ranked projects by March 31 and then turn the process over to the State Property Office. To the extent practicable, approval will be equitably distributed geographically across the northern, central and southern coastal regions of the state. Gill Net Disturbance in Primary Nursery Areas Letters To the N.C. Environmental Management Commission thanking them for passing the storm water rules. To DENR Secretary Bill Ross and Governor Mike Easley’s office forwarding the names of the three designated candidates for North Carolina’s obligatory seat on the Mid-Atlantic Fishery Management Council, with Jule Wheatley as the preferred candidate. To the Secretary of Commerce informing him that North Carolina will not nominate any candidates for the at-large vacancies on the Mid-Atlantic Fishery Management Council or the South Atlantic Fishery Management Council. To Jimmy Rule, letting him know how much the MFC has appreciated his years of service on the MAFMC. To Congressman Walter Jones, copying the N.C. Congressional Delegation, reiterating support for HR 4087, Flexibility in Rebuilding American’s Fisheries. To the Joint Legislative Study Commission of Seafood and Aquaculture requesting to add the CRFL to the violation point system for fishing licenses. To NMFS on Amendment 15A to the South Atlantic Fisheries Management Council’s Snapper-Grouper Fishery Management Plan stressing that the data in the snowy grouper and black sea bass assessments, could be more extensive and more representative, the serious short term negative socioeconomic impacts on North Carolina fishermen, the need for state by state quotas and an adequate method of constraining the recreational catch. To ASMFC on the Interstate Fishery Management Plan for Atlantic Coastal Sharks, stressing it is imperative that coastal sharks be managed in a fair and equitable manner and regulations that generally mirror those of the Highly Migratory Species (HMS) FMP are implemented and requesting the ASMFC submit comments to HMS to eliminate the seasonal closure off of North Carolina. To the ASMFC commenting on the Public Information Document for river herring, requesting other states and the ASMFC consider harvest moratoriums or similar measures for the benefit of the coastwide river herring resource, increase observer coverage, examine federal regulations pertaining to discards and bycatch that may adversely impact river herring, and request the ASFMC seek additional funding for interstate management measures that incur additional costs on member states. To WRC in support of its proposed rules for river herring/anadromous fish spawning areas and striped bass, and opposing the blue crab/trot line proposals. To the N.C. Congressional Delegation and the Corps of Engineers requesting funding be restored to the ICWW for maintenance so that our smaller waterways remain navigable. 2008 Meeting Schedule: |