Marine Fisheries Commission Business Meeting
Atlantic Beach, North Carolina
October 4 - 5, 2002
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, actions, 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 Marine Fisheries Commission held a business meeting on October 4-5 at the Best Western Crystal Coast Resort in Atlantic Beach, North Carolina. The meeting was called to order followed by an invocation and roll call. Members 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 – motion passed unanimously.
No one spoke during the Public Comment Period.
Issues from MFC Members
Rusty Russ was unable to attend the last MFC meeting and asked if his concern about crab culling rules had been discussed. He was advised that the issue was referred to the Crustacean Committees for consideration during the Blue Crab FMP review.
Vice Chairman Election
Motion:
Motion was made to postpone the election of vice chairman until the new MFC members were appointed (Chairman Johnson and Dr. Copeland’s terms expired last June and the Governor has not yet appointed new members). – motion passed unanimously.
Committee Appointments:
MFC Fisheries Resource Grant Representatives – Dr. B. J. Copeland and Mac Currin
Striped Bass-Albemarle/Roanoke – Benny O’Neal
Crustacean Committee – Richard Seal
Southeast Regional – Bud George
Interjurisdictional Fishery Management Plan - At the last MFC meeting, the commission passed a motion to adopt the Interjurisdictional FMP and develop mechanisms to implement the plan. Chairman Johnson was not present at the last meeting and was unclear about the reference to developing “mechanisms” to implement the plan, as was the DMF. A discussion followed about enhancing communication efforts between MFC and the National Marine Fisheries Service, the Atlantic States Marine Fisheries Commission and the Mid and South Atlantic Fishery Management Councils. It was concluded that no new mechanisms were needed to implement the Interjurisdictional FMP, rather, a closer working relationship needed to be fostered and pursued with North Carolina’s representatives on the federal, interstate and regional management panels. The need to share MFC concerns and comment on federal and interstate proposals in a quick and efficient manner was also discussed.
Recognition of Dale Ward – The MFC honored long-time DMF employee Dale Ward with a plaque recognizing his untiring work promoting recreational fishing and conservation ethics. Unfortunately, Dale passed away the following day after a courageous battle with cancer.
Recognition of Juanita Gaskill – This was the last meeting that DMF employee Juanita Gaskill will staff, she is retiring on Oct. 31, after 30 years of state service. Juanita has worked closely with the MFC as the rules coordinator for the last 25 years. The MFC recognized her outstanding service with a plaque and a gift. It was announced Belinda Loftin will replace Juanita as the rules coordinator and as the DMF director’s executive assistant.
Reports were given on all the various MFC and FMP
committee activities. No action items or motions resulted from these
reports.
Estuarine Striped Bass Stock Assessment – DMF staffer John Carmichael updated the MFC on the latest stock assessment for estuarine striped bass. Conclusions drawn at the end of the report show:
•Total
removals down slightly in 2001, due to decreased discard losses
•Juvenile
Abundance Index below average 4 of last 5 years
•Survey
indices for ages 3+ increasing. Age 7+ also showing improvement recently.
•Stock
abundance leveling off since 1998
•7+
abundance for 2002 highest observed
•Biomass
of female spawners well above threshold
•Fishing
mortality below target for 2001, 2002.
•Potential
for increased harvest allowance in the future
•Exploitation exceeding F=0.22 may lead to Spawning Stock Biomass < SSB2001 over the long term
A discussion was held about the total allowable catch and whether or not itshould be increased from the current 450,000 pounds, plus discards. Carmichael responded the stock would still be sustainable up to a 650,000 total allowable catch, plus discards.
Motion was made to support a 100,000-pound increase in the estuarine striped bass quota, to be discussed at the upcoming WRC/MFC joint meeting on striped bass management – motion passed unanimously.
(Note: At the WRC/DMF meeting on Oct. 23, it was decided to recommend to the ASMFC that the total allowable catch on striped bass in the Albemarle Sound Management Area be increased to 550,000 pounds, plus discards.)
ASMFC Striped Bass FMP Amendment Six – The MFC discussed comments to be sent to the Atlantic States Marine Fisheries Commission relative to Amendment six of the Striped Bass Fishery Management Plan. The discussion centered on a management option to increase the coastal commercial total allowable catch, and inclusion of the Albemarle/Roanoke stock within the management unit of Amendment Six.
Motion:
Motion was made to send a letter to the ASMFC requesting a 64 percent increase in the commercial total allowable catch of striped bass harvested from the Atlantic Ocean, opening the EEZ and maintaining the status quo regarding including Albemarle Sound in the management unit – motion passed.
ASMFC Management Process Overview – DMF Director Pres Pate, along with North Carolina’s other ASMFC representatives, Damon Tatum and Melvin Shepard, gave an overview about how the ASMFC fishery management process works.
FMP Priorities – The five-year timeline for development of Fishery Management Plans shows striped bass beginning development in 2001 and completed in 2004, southern flounder beginning development in 2001 and completed in 2003, striped mullet beginning development in 2002 and completed in 2004, bay scallop beginning development in 2003 and completed in 2005, kingfishes beginning development in 2005 and completed in 2007. The plan also has a schedule for review of existing Fishery Management Plans, with blue crab beginning in 2001 and completed in 2003, river herring to begin in 2003 and completed in 2004 and red drum to begin in 2005 and completed in 2006. A shrimp FMP will begin in 2007, as well as the review of the Oyster, Clam and Interjurisdictional FMPs.
Motion:
Motion was made to approve for the priority development schedule for Fishery Management Plans for 2002-2007 – motion passed unanimously.
ASMFC Weakfish FMP Amendment Four – Weakfish are recovering along the East Coast and the focus on this amendment is how best to deal with that recovering stock. The MFC was updated on the parameters of the plan amendment, with much of the discussion focusing on an option that would require a recreational 7-fish bag limit along the entire coast, with 12 inches being the minimum size in the southern states and 14 inches being the minimum for the northern states. Weakfish are typically smaller in the southern portion of their range, so this appears to be a more equitable way to manage this fishery. The MFC also discussed an option that would allow commercial fishermen to have a minimal amount of weakfish bycatch.
Motions:
Motion was made to support Option 4 to Amendment Four of the ASMFC Weakfish FMP, which requires a recreational 7-fish bag limit along the coast, with a 12 inch minimum size limit for southern states; and also to support Option 2 which allows a 300-pound tolerance for the commercial bycatch of weakfish – motion passed unanimously.
Motion was made to support Option 1 which requires all hook-and-line caught weakfish to be returned to the waters where caught during closed season – motion passed unanimously.
Motion was made to include in the language of Amendment Four “leave the use of poundnet escape panels as is” - motion passed unanimously.
Motion was made to support comments under Option 3 for a spawning stock biomass (SSB) rebuilding schedule. This option states the SSB will be rebuilt to 30 percent of an unfished stock within 4 years or less – motion passed unanimously.
Motion was made to
support Option 2 as the fishing mortality threshold trigger. If the threshold F is exceeded in any two
consecutive year periods – motion passed unanimously.
Motion:
Motion was made to
amend the MFC’s FMP Guidelines by adding sections 3 and 4 under V1.A, which
provide for MFC regional committee review of FMP amendments, in addition to
review by the Joint Legislative Commission on Seafood and Aquaculture. Changes in factual and background date
without changes in management options. May be published periodically by DMF
through the addendum process – motion
passed unanimously.
DMF Director Pres Pate reviewed the following topics during the Director’s Report:
Budget – The House and Senate have passed a budget in which the division lost 3 vacant positions and approximately $750,000 from the operating budget. Although there had been proposed reductions, the $1 million Fisheries Resource Grant Program was fully funded. Unfortunately, there could be further reductions on the horizon to meet or fill the estimated $40 million budget deficit that is predicted. A hiring freeze is still in effect, but the division has been able to fill federally receipted positions and has been able to get a few positions unfrozen, after going through an elaborate justification process. The Marine Patrol is in a very critical situation, with eight positions frozen and other officers out on disability and several pending retirements.
Summer Flounder – The stringent management measures put into place earlier in the year to limit the recreational harvest of summer flounder have not worked, primarily because those strategies only affected the ocean fishery and research is now showing us that a larger percentage of summer flounder are landed in the state’s internal waters, especially around the inlets. North Carolina can no longer effectively manage its various flounder stocks based on separation of ocean and estuarine catches. In order not to exceed the harvest target, the division had to increase the size limit of flounder caught in internal waters from 13 inches to 14 inches. In taking this action, there was a great deal of concern about the impact on the work of the Southern Flounder FMP Advisory Committee; however, if something was not done to limit the harvest of summer flounder, was the very real possibility the recreational flounder fishery in the ocean would be closed all of next year.
Motion:
Motion was made for the MFC to support the size limit increase for flounder in internal waters from 13 inches to 14 inches – motion passed unanimously.
Legislative Update – The Joint Legislative Study Commission on Seafood and Aquaculture does not meet when the General Assembly is in session, so there has not been a lot of contact with that panel; however, once the legislature adjourns, meetings will be scheduled. Seafood and Aquaculture is slated to review the statutory changes recommend by the Oyster and Clam FMPs, the Core Sound Lease Moratorium and the proposed violation point system.
Summer Flounder Rule Suspension/Recreational Size Limit – The DMF Director changed the recreational size limit of flounder in the Atlantic Ocean from 15 inches to 15.5 inches by suspending the rule and implementing a new size limit by proclamation. The rule needs to be resuspended at each subsequent MFC meeting, until a rule is implemented.
Motion:
Motion was made to resuspend the recreational flounder size limit rule and continue the increased size limit – motion passed unanimously.
Blue Crab FMP Revision – A brief update was given on the status of the Blue Crab FMP review. Crab landings are off at least 15 million pounds so far this year from the average harvest. There does appear to be a decrease in the number of participants and effort in the fishery is down. Catches have improved somewhat in August, but prices are still very low. Higher salinity levels, due to drought conditions, have kept the females from moving out to the inlets to spawn.
Mullet FMP Update – Preliminary work has begun by the plan development team for the Mullet FMP. Openings for the advisory committee will be advertised in December.
Striped Bass/ Internal Waters – There are 44,000 pounds remaining in the
recreational quota for the fall. The
proclamation opening the commercial season will be issued by the second week of
October. The striped bass juvenile
index is close to average.
Ghost/Abandoned Crab Pots – The Marine Patrol has determined ghost pots can be retrieved by the public. There is a difference between ghost pots and abandoned pots – ghost post have no identifying information, while abandoned pots are pots which have not been fished for seven consecutive days. While a pot may be considered abandoned, it is still the private property of the owner and there are statues that prohibit the public from disturbing them. The division is researching pot clean-up programs used by other states to remove abandoned crab pots from public waters.
CHPP Update – MFC members were updated about the progress of Coastal Habitat Protection Plan development. A meeting of the Marine Fisheries, Environmental Management and Coastal Resources commissions, and their appropriate advisory committees, is planned for Oct. 22 at N.C. Aquarium at Ft. Fisher. The purpose of the meeting is to make the panels aware of the CHPP schedule and progress of the plan development.
Flynet Experiment – The MFC agreed to send a second letter to NMFS endorsing an experimental permit to assist in characterizing the flynet fishery south of Hatteras, when the proposal is published in the Federal register.
Oyster Disease – The MFC was updated on recent research regarding disease resistance in native oyster stocks.
Updates were given of the activities of the following groups:
Mid-Atlantic Fishery
Management Council
South Atlantic
Fishery Management Council
Highly Migratory Species
There were no rulemaking activities at this meeting. At its August meeting, the MFC voted on permanent rules to take to public hearing, which will be scheduled in early 2003.
See the August MFC Advisor at http://www.ncdmf.net/mfc/MFC8_02.htm for more details.
MFC Meetings for 2002-
2003:
December 10-11, 2002 Kill Devil Hills
January 30-31, 2003 Central Area
March 25-26, 2003 Greenville
May 22-23, 2003 Southeast Area
July 24-25, 2003 Inland Area
October 2-3, 2003 Morehead City
November 18-19, 2003 Northeast
Area