THE MFC ADVISOR

Marine Fisheries Commission Business Meeting
Carolina Beach, North Carolina
Feb. 21-23, 2007


The Marine Fisheries Commission and the Division of Marine Fisheries continue to look for ways to keep committee advisors and the public informed about commission activities. It is our intent to publish the MFC Advisor after each business meeting, summarizing the meeting, and providing a list of motions and rulemaking proceedings. Hopefully, this bulletin will keep you better informed about commission activities. Your comments regarding this update are always appreciated – please contact Nancy Fish by e-mail at nancy.fish@ncmail.net or by phone at 252-726-7021 or 1-800-682-2632.

The MFC held a business meeting Feb. 21-23 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, Dr. Barbara Garrity-Blake, Mikey Daniels, Dr. Jim Leutze, Bradley Styron and Marshall Williford. Rusty Russ had an excused absence and was not in attendance. This was Commissioner Daniels’ first meeting; he replaces David Hilton who resigned from the commission in September 2006.

Motions and Actions

Motion to approve minutes from the November 2006 MFC meeting – motion passed unanimously.

Magnuson-Stevens Reauthorization 2006
DMF Director Dr. Louis Daniel gave an overview of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006. He focused on the section of the law that fishery management councils establish annual quota to end overfishing for federally managed fisheries by 2010 for fish stocks currently undergoing overfishing and by 2011 for all other federally-mandated fish stocks. He also discussed limited access privilege programs, joint enforcement agreements between state and federal law enforcement, and the requirement for improved assessment of the effects of proposed fishery management actions through timely, clear and concise analysis, as outlined in the law.

Moratorium Steering Committee Recommendations/Fisheries Reform Act
Dr. B.J. Copeland reviewed the Moratorium Steering Committee’s findings and recommendations. This led to a discussion about a professional commercial fishery, definition of a commercial fisherman, flexibility for commercial fishermen and providing for resource for fishermen.

The commission asked for several presentations at the next business meeting on fishing trends.

Issues from Commissioners
Communication was discussed; commissioners would like to get information on Seafood and Aquaculture and Coastal Resources Commission actions in a more timely manner. They would also like to be polled on topics to discuss at future advisor meetings.

Another issue raised was the length of advisory committee meetings – the meetings are too long and perhaps committee chairs need to work to run the meetings more efficiently.

The issue of limiting the number of permits for the guide/charter fleet was discussed. The matter of a request from Virginia to not require Virginia fishermen to have to have the N.C. Coastal Recreational Fishing License was also mentioned.

Chairman’s Report
Fisheries Forum – Commissioners were advised of the upcoming Fisheries Forum at the Convention Center in New Bern on March 20 that is being held in conjunction with N.C. Sea Grant.

Pres Pate Resolution – The commission approved a resolution to present to former DMF Director Pres Pate in appreciation of his years of service to North Carolina.

Motion to approve a resolution acknowledging the contributions of Pres Pate to North Carolina – motion passed unanimously.

Committee Recommendations
The MFC received reports and updates from all of its advisory committees that had met during December, January and February.

Motion to request a written explanation from the Coastal Resources Commission in regard to actions relative to the Sandy Point permit variance – motion passed.

Motion to send prioritized list of candidates for the South Atlantic Fishery Management Council vacancy to Governor Easley as follows: Rita Merritt, Tom Burgess and Andy High – motion passed unanimously.

Motion not to seek the at-large seat for the Mid-Atlantic Fishery Management Council – motion passed unanimously.

Fishery Management Plans
The commission was given an update on the status of the fishery management plans that have been completed to date.

Motion to approve goals and objectives for the Oyster and Clam FMP revision – motion passed unanimously.

Motion to approve the timeline for the Oyster and Clam FMP revision – motion passed unanimously.

Draft River Herring FMP
Motion to adopt the draft River Herring FMP with a zero directed harvest and up to 7,500 pounds set aside for research at the DMF director’s discretion – motion passed 4 to 3.

Motion to publish notice of text to implement rules as amended for river herring – motion passed unanimously.

Suspension of Rules
Motion to re-suspend the rules to continue to have zero-harvest of river herring in state waters – motion passed unanimously.

Motion to re-suspend the rules to implement the Amendment 13C measures of the Snapper-Grouper Fishery Management Plan in state waters, noting that the commission is concerned with the validity of Amendment 13C of the Snapper-Grouper Fishery Management Plan – motion passed.

Draft Bay Scallop FMP
The commission reviewed and approved management options for the Bay Scallop FMP.

Motion to have a mechanism to obtain data for recreational scallop harvest – motion passed unanimously.

Motion to approve the Bay Scallop FMP as amended and send to the secretary of the Department of Environment and Natural Resources and the Joint Legislative Commission on Seafood and Aquaculture – motion passed unanimously.

Mediation Update
The commission received an update from Dr. Barbara Garrity-Blake on the status of a Fishery Resource Grant project to demonstrate the effectiveness of collaboration between the DMF and the N.C. Mediation Network on selected, appropriate disputes.

Sea Turtle Bycatch Advisory Committee Report
Motion to endorse recommendations of the Sea Turtle Advisory Committee as outlined in discussions (see below) – motion passed unanimously.

Recommendation 1 – Observer coverage, 2 percent initially increasing to 10 percent when/where interactions occur. MFC recognizes the need and benefit of a long-term observer program that provides valuable catch, effort and bycatch data. DMF will continue to seek long-term funding for this program.

Recommendation 2 – Educational outreach to industry for sea turtle resuscitation; and encouraging reporting and compliance with regulations. DMF will continue these efforts.

Recommendation 3 – Support continued effort for gear modifications with objective of reducing sea turtle interactions. DMF will continue these efforts.

Recommendation 4 – Implement state seasonal/area closures in identified problem areas. DMF will proceed with the establishing of criteria to define sea turtle interaction problem areas and proceed with the recommendation.

Recommendation 5 – Determine and enforced Turtle Excluder Device compliance in NC by providing stated authority to this federal rule. DMF will accurately define federal/state citation protocols and proceed with rule making.

Recommendation 6 – Have DMF apply for an Endangered Species Act Section 10 agreement for all pound nets that interact with sea turtles. MFC supports this recommendation in concept, but due to limited staff/fiscal resources DMF cannot apply at this time.

Recommendation 7 – Encourage and educate pound net fishermen to check leads for sea turtles during operations. DMF will proceed with this recommendation.

Recommendation 8 – Require pound net fishermen to catalog gear time out of the water report to DMF. DMF Rules Team will review and report back to MFC.

Recommendation 9 - Encourage pound net fishermen to remove webbing during closed seasons and establish a recovery cost for pulling lost/abandoned gear. DMF Rules Team will review and report back to MFC.

Recommendation 10 – Support sea turtle resuscitation education, evaluating existing NMFS observer coverage and support continued gear modification testing. MFC will send letter to NMFS requesting observer data be sent to DMF on a regular basis.

Recommendation 11 – Rod and reel, commercial and recreational. The MFC recommends educational outreach programs, reporting, dehooking and line removal. The MFC also supports the Marine Recreational Fishing Statistical Survey addition.

Recommendation 12 – Eliminate bait lids on crab pots where sea turtle interactions are occurring. MFC does not support this recommendation.

Recommendation 13 – Research needs and other considerations. MFC supports all global research needs and considerations.

Rules – Notice of Text
Motion to submit notice of text for the Coastal Recreational Fishing License Special Event Permit – motion passed unanimously.

Motion to submit notice of text for definitions in support of Coastal Habitat Protection Plan goals – motion passed unanimously.

Motion to submit notice of text for defining a beach seine – motion passed unanimously.

Motion to submit notice of text for a Striped Bass Permit – motion passed unanimously.

Motion to submit notice of text to clarify striped bass trawl rules – motion passed unanimously.

Motion to submit notice of text for amending gill net rules in the Albemarle Sound to establish a distance between pound nets and gill nets – motion passed unanimously.

Meeting adjorned.

2007 Meeting Schedule:
April 26-27 Ramada Inn, Kill Devil Hills
June 26-27 Clarion, Raleigh
Sept. 6-7 Clam Digger, Pine Knoll Shores
Nov. 13-14 Community Center, Ocracoke