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Marine Fisheries Commission Business Meeting The MFC held a business meeting June 26 and 27 at the Brownstone Hotel in Raleigh, North Carolina. The following members were in attendance: Mac Currin – Chairman, Dr. B.J. Copeland-Vice Chairman, David Beresoff, Rob Bizzell, Jess Hawkins, Rusty Russ and Bradley Styron. Mikey Daniels had an excused absence from the first day of the meeting and was present on the second day. Marshall Williford resigned from the MFC and the governor had not yet appointed his replacement at the time of the meeting. Motions and Actions Jess Hawkins gave the invocation. The agenda was approved by consent for the June 2008 MFC business meeting. The minutes of the April 2008 MFC business meeting with modifications were approved by consent. Public Comment Bill Mandulak, chair of CCA-NC, told the commission his organization’s membership was concerned about the commission’s actions over the past six to eight months. In particular, they were concerned that the MFC extended the flounder season last fall and reopened the bycatch season for red drum this summer. He said while he is sympathetic to the idea of not wanting to throw back dead bycatch, he feels the MFC should not be too cavalier with the recommendations of fishery management plans, once they are in place. Mandulack also asked the MFC to go on record in support of bills filed in Congress (S 3113 and HR 6233) to return management of beach driving at Cape Hatteras National Seashore to the Park Service. Issues from Commissioners Rusty Russ asked if MFC should send another letter to legislative leadership supporting proposed stormwater rules. The commission agreed to send a copy of the original letter to the new stakeholder workgroup discussing the proposed rules. The letter was faxed to George Givens, counsel to the workgroup, for distribution. Advisors Appointments - The following advisors were appointed to the MFC advisory committees: Chairman Currin reported the Rules Review Commission has some questions about wording in proposed Standard Commercial Fishing License eligibility requirements dealing with the sale of this license. MFC Counsel Frank Crawley will work with RRC staff to try to reconcile these differences. Committee Reports Action Items: Motion by Dr. B. J. Copeland to approve notice of text for the submerged aquatic vegetation definition, seconded by Jess Hawkins – motion passed unanimously. Motion by Jess Hawkins for the MFC to ask the Wildlife Resources Commission to initiate rulemaking to allow non-hooked, baited trot lines in inland waters for commercial and recreational catch of blue crabs, seconded by Rob Bizzell – motion passed unanimously. The commission agreed by consensus to send a letter to the N.C. Congressional Delegation requesting they pursue partially reopening areas of the Cape Hatteras National Seashore closed due to a recent consent decree. While the commission does not want to impact protected resources, they believe the closures that have taken place are overly protective and that fishermen should have reasonable access to some of these areas. The commission also feels it is important to mention that it has had a representative involved with the negotiated rulemaking process and they have great reservations about the integrity of these discussions. It appears that a few groups involved have the potential to hijack the consensus process and if there is not a willingness on the part of these groups to reach common ground, the MFC may consider withdrawing from the negotiations. U.S. Fish and Wildlife Federal Aid Report Go to http://www.ncdmf.net/mfc/presentations.html to view this presentation. Coastal Recreational Fishing License Startup Projects Motion by Rusty Russ to approve funding the three Coastal Recreational Fishing License projects outside the request for proposal process, seconded by Rob Bizzell – motion passed unanimously. Division staff also indicated the Request for Proposals would be issued as soon as possible. Go to http://www.ncdmf.net/CRFL/downloads/CRFL_RFP_2008Final.pdf to review or download the Request for Proposals. Mechanical Harvest Effort Options for Oysters Oyster and Clam Fishery Management Plan Motion by Rusty Russ to approve amendments to the Oyster and Hard Clam Fishery Management Plans with associated rules, seconded by Rob Bizzell – motion passed unanimously. To view these plans, go to: Clam - http://www.ncdmf.net/download/HardClamFMP_DRAFT3_JLCSA_Mtg_Nov_29_2007.pdf Kingfish Fishery Management Plan To view this plan, go to: Interjurisdictional FMP Motion by Jess Hawkins to approve Amendment 1 to the Interjurisdictional Fishery Management Plan, seconded by Dr. B.J. Copeland – motion passed unanimously. To view this plan, go to: Red Drum Management Approach FY 08/09 To view the presentation on this issue, go to: Red Drum FMP Motion by Rob Bizzell to modify 15A NCAC 03J .0306, stating it is unlawful from July through September in the Pamlico Sound and its tributaries from 7 p.m. to 7 a.m. when using natural bait to use any hook greater than 4/0 unless the terminal tackle consists of a circle hook defined as a hook with the point of the hook directed perpendicularly toward the shank, and with the barb either compressed or removed, with a fixed sinker not less than two ounces in weight, secured not more than six inches between the fixed weight and the circle hook, seconded by Rusty Russ – motion passed unanimously. In response to public comment from fishermen wanting to be allowed to fish for red drum in some pockets of deep water behind the Outer Banks to consider possible changes to the current gill net attendance requirement, Mr. Paramore gave a presentation on his findings. Go to http://www.ncdmf.net/mfc/presentations.html to view this paper and presentation. Motion by Jess Hawkins to modify 15A NCAC 03R .0112 relative to the area between Rollinson Channel and Legged Lump as discussed, seconded by Rusty Russ – motion passed unanimously. Motion by Dr. B.J. Copeland to approve preferred options for the Red Drum Fishery Management Plan as amended and approve notice of text, seconded by Rob Bizzell – motion passed 5 in favor and 1 opposed. To view the draft fishery management plan, go to: The MFC received a letter from the Legislative Study Commission on Seafood and Aquaculture on an issue that came up during the legislative commission’s review of the Red Drum FMP. While there were no specific recommendations regarding the FMP, there was comment on existing rules requiring attendance of small mesh gill nets set pursuant to a Recreational Commercial Gear License. The legislative commission asked the MFC to review the attendance requirement to determine if a relaxation of these requirements might be appropriate during certain seasons for certain species. There was discussion among the commissioners regarding the RCGL attendance requirement. Comments were: The concerns brought forward in the past related to large mesh gill net, not the small mesh. The MFC concluded readdressing this issue would more likely result in a call for further restrictions on, or elimination of, this gear rather than a relaxation of regulations and the best course for regulating the small mesh gill nets for recreational use is status quo. The MFC decided to send a letter to Seafood and Aquaculture to this effect. Motion by Jess Hawkins to approve notice of text for the live bait issue, seconded by Dr. B.J. Copeland – motion passed unanimously. Motion by Dr. B. J. Copeland to support Option B by proclamation and continue to pursue Option D, for the Primary Nursery Area-Gill Net issue, seconded by Rusty Russ – motion passed unanimously. Motion by Rob Bizzell to approve notice of text to adopt the federal turtle excluder device rules, seconded by David Beresoff – motion passed unanimously. Motion by Dr. B.J. Copeland to approve notice of text for the pound net rules issues, seconded by David Beresoff – motion passed unanimously. Motion by Jess Hawkins to approve notice of text to update the general information section of the North Carolina Fisheries Rules for Coastal Waters, seconded by Rob Bizzell – motion passed unanimously. Motion by David Beresoff to approve notice of text for shrimp limits for recreational purposes issue, seconded by Dr. B.J. Copeland – motion passed unanimously. Motion by Bradley Styron to approve notice of text for Recreational Commercial Gear License changes for shrimp trawls, seconded by Rob Bizzell – motion passed unanimously. Motion by Dr. B.J. Copeland to approve notice of text for the Atlantic States Marine Fisheries Commission Lobster Fishery Management Plan changes – motion passed unanimously. Motion by Rob Bizzell to approve notice of text to modify the trawl net rule, seconded by Rusty Russ – motion passed unanimously. Motion by Dr. B.J. Copeland to approve notice of text for the license and statistics definition amendments, seconded by Rusty Russ – motion passed unanimously. Motion by David Beresoff to approve notice of text for the Black Sea Bass North of Cape Hatteras Dealer Permit issue, seconded by Rob Bizzell – motion passed unanimously. Suspension of Rules Motion by Rusty Russ to resuspend the Striped Bass Permit rules, seconded by David Beresoff – motion passed unanimously. Motion by Rob Bizzell to suspend the crab pot area rule, seconded by Rusty Russ – motion passed unanimously. Motion by Jess Hawkins to resuspend the red drum rule, seconded by David Beresoff – motion passed unanimously. Mediation Update With an increase in development around rivers and creeks, the increase in the number of gill netters and crab potters perhaps pushed out of other fisheries by the economy (high fuel prices) and imports, these groups are increasingly forced together, sometimes in combative situations. Mediation involves two willing sides that expect to benefit from negotiations with each other sitting down and talking about solutions to their problems with a neutral third party (mediator). Mediators are trained in using a structured problem solving process that develops strategies acceptable to all parties. A manual was produced Marine Fisheries Mediation that explains who the mediators To view the report, go to: To read the news release, go to: Fishery Management Plans One of the provisions of the 2005 Southern Flounder FMP was to update the stock assessment in 2008 to see if management measures – size limits, December closure, crab trawl mesh size increase and shrimp closures – were successful. The target completion for this interim stock assessment is scheduled for this fall. If the assessment finds the 2005 provisions are not working, the FMP amendment will begin immediately. Harvest restrictions to address recreational creel limits and reduction of commercial gill net bycatch for striped bass in the central/southern areas of the coast have been implemented as set out in the Joint Striped Bass Estuarine FMP. Representatives of stop net crews and gill net crews in the striped mullet fishery met in 2006 through the FRG mediation process and were able to come to an agreement on the minimum distance between mobile gear and the stationary stop nets. This was a provision in the Striped Mullet FMP. With the Interjurisdictional FMP, the DMF is preparing public information brochures at the beginning of plan development so the public can be better informed about ASMFC, NMFS and the regional council proposed management options and issues. The assessment for spotted sea trout is almost complete and the advisory committee should begin meeting this fall to begin development of the FMP. There is much work being done to research the problems with river herring, including the hiring of new staff and expansion of our data collection initiatives and additional appropriations from this session of the General Assembly to implement provisions of the River Herring FMP. The MFC is in the process of making new rules to require a Recreational Commercial Gear License to use shrimp traps, along with mechanical retrieval of RCGL shrimp trawls and standardizing recreational shrimp limits, as recommended in the Shrimp FMP. Staff requested the MFC move the amendment of the Shrimp FMP back one year because it coincided with next amendment to the Blue Crab FMP and many of the same staff would be needed to work on both plans. Staff also asked the MFC to delay the Yellow Perch FMP until there is adequate data to complete an assessment, which could take up to five years. To view the FMP schedule, go to: Weakfish/Flynet Discussion In order to try and get this fishery reopened a characterization study would have to be completed. This would entail a 1 ½ year Experimental Fishery Permit process and gaining approval from the ASMFC and NMFS. Funds would have to be secured for observers and the study would have to include Turtle Excluder Device testing. The DMF and NMFS had previously invested significant time and money into a characterization study in 2003 and received minimal cooperation from fishermen. The DMF feels any future EFP requests need to be done by interested fishermen and private contractors and the DMF would make every effort to assist and present the request to NMFS and ASMFC once it is drafted. After much discussion about the status of the weakfish stock and various types of grant money available, Mikey Daniels said he would get the fishermen to put a proposal together. Dr. Daniel said he would be happy to present the proposal to the Weakfish Management Board at the next ASMFC meeting if it was available. Legislative Update Dr. Daniel reported there were efforts to find more money for herring research and it appeared the DMF would receive $2 million recurring to significantly expand our oyster sanctuary and recycling program. He also said it did not appear there would be any additional funding for the Waterfront Access and Marine Industry Fund during this legislative session. Dr. Daniel also discussed a bill that had been introduced by Representative Bonner Stiller to ban commercial fishing activities on artificial reefs in the ocean off Brunswick County. Apparently there have been instances where fishermen have wrapped up Yaupon Reef with gill nets and also trawled across the site. The MFC discussed a number of options to try and address Representative Stiller’s concerns through the management process set out in the Fisheries Reform Act. The MFC appreciated Representative Stiller bringing the issue forward and it was determined the master plan for artificial reefs should be updated and include a review of allowable gears. Motion by Rusty Russ regarding House Bill 2153, Protect Brunswick County Artificial Reefs to proceed by revising the Artificial Reef Master Plan, with the amendment to address oyster sanctuaries through an amendment to the Oyster Fishery Management Plan, seconded by Rob Bizzell – motion passed unanimously. Spiny Dogfish The ASMFC staff has prepared a draft Addendum III to the Spiny Dogfish FMP with options for state-by-state quota allocations. The Spiny Dogfish Management Board is scheduled to review the document at the August 19-21 ASMFC meeting. If the Board agrees to take the issue to the public for comments, public hearings will be held during September and October 2008. It is likely that the board will take final action on Addendum III during the October 20-23, 2008 ASMFC meeting in Rehoboth, Delaware. Coastal Recreational Fishing License (CRFL) Sales Update As of May 31, 2008, a total of 585,944 licenses were sold for a net revenue of $5,899,548 in the Marine Resources Fund. Approximately $1,621,524 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. The DMF and WRC developed a grant program for the Marine Resources Fund, and the first public requests for proposals went out in the summer of 2008. An overview of the projects can be found at: http://www.ncdmf.net/CRFL/downloads/ProjectOverivewMarch2008.pdf Letters To bill sponsors in NC General Assembly regarding legislation introduced to transfer ownership of locks and dams on the Cape Fear to the state. Letter should state the MFC would like the locks and dams removed, but if not have the Corps build fish ladders and make any necessary updates prior to turning over ownership. To the U.S. Army Corps of Engineers commenting on PCS Phosphate permit. To Wildlife Resources Commission asking them to initiate rulemaking to allow non-hooked, baited trot lines in inland waters for commercial and recreational catch of blue crabs. To N.C. Congressional Delegation requesting they pursue partially reopening areas of the Cape Hatteras National Seashore closed due to endangered species, allowing access for fishermen. To the Joint Legislative Study Commission on Seafood and Aquaculture explaining the reasoning behind the Recreational Commercial Gear License attendance requirement for small mesh gill nets. To Representative Bonner Stiller, copying the Appropriations Subcommittee on Natural and Economic Resources, stating the MFC is ready and willing to address any fisheries resource issues. To the Atlantic States Marine Fisheries Commission commenting on the Public Information Document for Amendment 3 to the Interstate Fishery Management Plan for Shad and River Herring. 2008 Meeting Schedule: |