THE MFC ADVISOR
Marine Fisheries
Commission Business Meeting
New Bern, North
Carolina
The Marine Fisheries Commission (MFC) and the Division of Marine Fisheries (DMF) 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, actions, and rulemaking proceedings. Agenda items are listed in bold type to assist in navigating the document. Hopefully, this bulletin will keep you better informed about commission activities. Your comments regarding this update re 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 May 12-14 at the Sheraton and the Riverfront Convention Center in New Bern, North Carolina. The meetings on May 12 and 14 were a standard business meeting. The MFC held a socioeconomic workshop on May 13.
The business meeting was called to order followed by an invocation. A roll call was conducted and the following members were in attendance: Jimmy Johnson – Chairman, Bryan Gillikin - Vice Chairman, Norm Bradford, Dr. B.J. Copeland, Mac Currin, Dr. Barbara Garrity-Blake, Tilman Gray, Rusty Russ, and Bradley Styron.
Motion:
Motion was made to accept the minutes from the last meeting with minor corrections – motion passed unanimously.
During the Public Comment Period, Paul Dunn, a flounder fishermen from the Hatteras area, talked about the hardship a proposed Nov. 8 season closure for southern flounder would bring to fishermen. He said the early closure would only give pound netters about four weeks to make any money and that was simply not enough.
Kelly Schoolcraft, from the Dare County area, talked about the commercial striped bass fishery in the ocean and the petition he submitted to the MFC to create a limited entry system for this fishery.
Chairman Johnson introduced Amanda Little, assistant Attorney General assigned to the Division of Marine Fisheries.
A discussion was held on the southern flounder fishery and how the closure of the dogfish fishery a few years earlier had driven fishermen to go after flounder. MFC members also questioned if the DMF was giving proper credit for the use of escape panels in pound nets. Commission members questioned Paul Dunn regarding his fishing activities.
Flounder Size Limit in Internal Waters Rules Suspension – The DMF increased the internal size limit for flounder in most areas from 13 inches to 14 inches by proclamation in an attempt to slow the recreational harvest rate and not exceed the harvest target for summer flounder set by the ASMFC and the Mid-Atlantic Fishery Management Council. To change the size limit the DMF director had to suspend the existing rule. The rule needs to be resuspended at each subsequent MFC meeting, until a new rule is implemented.
Motion:
Motion was made to resuspend the flounder size limit rules in inside waters and continue the increased size limit – motion passed unanimously.
Flounder Recreational Size Limit in the Atlantic Ocean
Suspension – The DMF decreased the size limit for flounder harvested in the
ocean from 15 inches to 14 inches by proclamation because North Carolina was
meeting its conservation goals. To
change the size limit the DMF director had to suspend the existing rule. The rule needs to be resuspended at each
subsequent MFC meeting, until a new rule is implemented.
Motion:
Motion was made to resuspend the flounder size limit rules in Atlantic Ocean and continue the decreased size limit - motion passed unanimously.
Primary Nursery Area Rule Suspension – In updating rule coordinates, DMF staff discovered an inaccuracy in a PNA line in Mallard’s Bay in Brunswick County. In 1985 the boundary line was incorrectly recorded, which inadvertently opened a small portion of a PNA to shrimp trawling. The area is on the shoulder of the Intracoastal Waterway and at this time it is not clear if it still functions as a PNA. The DMF asked the MFC to suspend the portion of the rule that designates this area as a PNA and allow staff to conduct studies to ascertain if the area still meets PNA criteria.
Motion:
Motion was made to suspend a portion of the Primary Nursery Area Rule [03R.0103 (15)(d)] that pertains to Mallard’s Bay to accommodate the situation – motion passed unanimously.
Public Hearings –The following hearing dates have
been scheduled for rules for hand harvest areas for oysters, Crab and Shrimp
Economic Assistance programs, and the Striped Bass FMP. All hearings begin at 7 p.m.
June 10 Carteret
Community College
C-MAST
Building, Room 306
Morehead
City
Edenton
June 24 Dept.
of Environment and Natural Resources’ Regional Office
127 Cardinal Drive
Wilmington
Reports were given on all the various MFC and FMP committee activities.
Motions:
Motion was made that the MFC file a friend of the court brief on behalf of the Environmental Management Commission’s legal complain against the Rules Review Commission stormwater runoff rules – motion passed unanimously.
Motion was made to adopt policy statement for protection of Submerged Aquatic Vegetation which will be incorporated into the MFC’s bylaws – motion passed unanimously.
Motion was made to send letter to DENR Secretary Bill Ross asking to convene working group to review permitting process to more closely examine cumulative impacts – motion passed unanimously.
Motion was made to approve a letter requesting denial of the Pecan Grove Subdivision’s pier permit in Pender County to protect submerged aquatic vegetation, a natural shellfish bed and a shellfish lease – motion passed unanimously.
Motion was made for the MFC to endorse NC Wildlife Federation resolutions concerning nutrient sensitive water designation by the Environmental Management Commission and to back Phase II Stormwater Rules – motion passed unanimously.
Motion was made to endorse the Finfish Committee’s recommendation to define the beach seine fishery as it was originally with multifilament nets and to allow people to declare in only one of the beach seine or gill net fisheries and require a permit, limit the beach seine fishery to a maximum mesh size of four inches in the seines – motion passed unanimously.
Motion was made to make minor changes to the shrimp public information brochure, changing “maximum” social and economic value to “optimum” social and economic value and removing the following sentence – “But is it enough? Are there others that could be incorporated in order to sustain a viable and healthy fishery.” - motion passed unanimously.
A discussion was held on the draft Blue Crab FMP.
Dr. Dave Eggleston presented
the most recent stock assessment of the blue crab stock in North Carolina. The
conclusions were that the spawning stock was vulnerable to overfishing and that
the relative biomass was declining and relative fishing mortality was
increasing. He also reported that the
population declines in 2000-2001 were due to floodwaters and overfishing and
that in 2002-2003 the population levels were returning to average levels.
Staff reviewed public meeting
input and written comments, as well as the results of a blue crab
questionnaire.
Motions:
Motion was made to
accept the habitat actions in the Blue Crab FMP - motion passed
unanimously.
Motion to select the water quality actions in the Blue Crab FMP draft - motion passed unanimously.
Motion to endorse the following recommended management strategies: modify boundaries of sanctuaries as needed and to establish a maximum seasonal size limit in mature females of 6¾ inches with a 5 percent tolerance, if in three years the spawning stock biomass declines – motion passed.
Motion to tie the
5¼-inch maximum peeler size limit to the same triggers as the 6¾-inch size
limit – motion passed.
Motion to approve
other actions in the peeler/soft crab harvest management options - motion
passed unanimously.
Motion was made to
prohibit the sale of white line peelers but allow possession by the
licensee/harvester for the use in licensee’s permitted shedding operations -
motion passed unanimously.
Motion was made to
support all the ghost pots recommendations - motion passed.
There was consensus
to endorse the crab pot finfish bycatch recommendations.
Motion was made to
endorse Actions 2,3,4, and the Crustacean Committee recommendation on tailbag
size. (4-inch west side, 3-inch east side of Pamlico Sound) - motion passed.
Motion was made to
adopt the DMF and Crustacean Committees’ recommendations on protected species -
motion passed unanimously.
Motion was made to
endorse the DMF and Crustacean Committees’ recommendations on channel net
harvest of blue crabs - motion passed unanimously.
Motion was made to utilize mediation for user conflicts in management and create a proclamation authority for the director to deal with local conflict issues with pots - motion passed unanimously.
Motion was made to not support Action 3 (Boating safety
courses and operator licenses) - motion
passed.
Motion was made to
support the DMF and Crustacean Committees’ recommendations of utilization of
non-pot areas by proclamation - motion passed unanimously.
Motion was made to
change the dates for designated crab pot areas from June 1 to November 30 -
motion passed unanimously.
Motion was made to
designate 6-foot contour and propose prohibit trawling in crab pot zone during
the June 1 to November 30 period - motion passed.
Motion was made to
approve the research recommendations - motion passed.
Motion was made to
approve the recommended education strategies - motion passed unanimously.
Motion was made to
submit the Blue Crab FMP to DENR Secretary Bill Ross for review by the Joint
Legislative Study Commission on Seafood and Aquaculture - motion passed
unanimously.
On May 13, a Socioeconomic
Workshop was held at the Riverfront Convention Center. Discussions focused
on social and economic issues facing fishermen, their associated industries and
fishing communities, and how to best use this information in developing
management strategies. The meeting concluded with a panel discussion comprised
of commercial and recreational fishing interests, state fisheries managers and
meeting presenters. To receive more information on this workshop, please
contact Brian Cheuvront by e-mail at brian.cheuvront@ncmail.net
or by calling 252-726-7021.
The draft Striped
Bass FMP was reviewed.
Motion:
Motion was made to
approve the Striped Bass FMP - motion passed unanimously.
An overview of the MFC
Advisor’s Meeting, held on Feb. 3, 2004, was given.
Commission Barbara
Garrity-Blake presented draft Conflict Resolution Guidelines for the MFC
to review.
A discussion was held
regarding the draft Southern Flounder FMP recommendations.
Motions:
Motion was made to
send the Southern Flounder FMP to the public with clearer options that explain
the biological and economic impacts - motion carries.
Motion was made to
extend the timeline to the Southern Flounder FMP to the next fiscal year - motion
passed unanimously.
Motion was made to publish notice
of text for a temporary rule to give the director proclamation authority to
implement the Southern Flounder FMP - motion passed.
Legislative Update – There are several issues being considered by the General Assembly
including the creation of a permit system for growing oysters in cages and bags
under piers, a shellfish recreational license, an increase in fees for
shellfish leases and joint law enforcement authority between our Marine Patrol
and the National Marine Fisheries Service. In addition, a Saltwater
Recreational Fishing License for recreational fishing activities in coastal
waters is being discussed.
CHPP Update - There will be a series of meetings this summer to review the recommendations for the Coastal Habitat Protection Plan. Final adoption of the plan by the Marine Fisheries, Coastal Resources and Environmental Management commissions is required by Dec. 31, 2004.
Updates were given of the activities of the following groups:
Mid-Atlantic Fishery Management Council
South Atlantic Fishery Management Council
Marine Patrol
Meeting Adjourned
MFC Meetings for 2004:
July 20-21 Jacksonville
Sept. 27-29 Kill
Devil Hills