THE MFC ADVISOR
Marine Fisheries
Commission Business Meeting
Kill Devil Hills,
North Carolina
November 18 - 19,
2003
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. 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 Marine Fisheries Commission held a business meeting November 18 – 19 at the Outer Banks Resort and Conference Center/Ramada Inn in Kill Devil Hills, North Carolina. The 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; Dr. B.J. Copeland; Mac Currin; Dr. Barbara Garrity-Blake; Tilman Gray, Rusty Russ, Norm Bradford 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, Riley Williams talked about the Striped Bass Fishery Management Plan and requested an information paper that discusses the small mesh gill net fishery be pulled from the FMP.
Jerry Schill, Executive Director of the North Carolina Fisheries Association, encouraged the commission to write a letter requesting federal disaster relief for fishermen impacted by Hurricane Isabel. Schill also said he would be resigning from the Southern Shrimp Alliance because he was unable to devote the time to raising funds and he indicated there was going to be a change in leadership in the NCFA in the upcoming year. Schill read a letter from NCFA President Billy Carl Tillet regarding the river herring petition recently submitted, encouraging the commission not to circumvent the FMP process.
Donnie Davis, a charter boat captain from the Dare County area, spoke about the recreational striped bass fishery at Oregon Inlet and the impact a more restrictive season would have on the for-hire industry. He also questioned the proposed management options based on tag-returned fish.
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.
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.
Meeting Schedule for 2004 – There were several conflicts with meeting dates set at the last MFC meeting, the following is the new meeting schedule for 2004:
Jan. 12-14 Business Meeting Wilmington
Feb. 2-3 Business Meeting/Workshop Greenville
May 13-14 Business Meeting New Bern
July 20-21 Business Meeting Jacksonville
Sept. 27-29 Business Meeting Kill Devil Hills
Dec. 1-3 Business Meeting Morehead City
Reports were given on all the various MFC and FMP committee activities.
During the Shellfish Advisory Committee report a discussion took place about how to get more funding to purchase shell material for the Shellfish Rehabilitation Program. Oyster shells are more expensive now and there is less available on the market. Where the DMF had been able to get shells for 25 cents per bushel, the cost has gone up to 80 cents, and next year it is anticipated the cost will be $1 per bushel. In addition, budget cuts during the last several years have reduced available funding. The Shellfish Committee drafted a letter to go to the N.C. General Assembly and forwarded it to the MFC for consideration, requesting additional funding.
Motion:
Motion was made to send a letter to the General Assembly with revisions requesting additional funding for DMF’s Shellfish Rehabilitation Program – motion passed unanimously.
During the Finfish Advisory Committee update, the issue of the dogfish quota was once again discussed. Fishermen report seeing more and more dogfish and the need for a study on the number of spawning females was discussed. The controversy between the 8.8 million lb. ASMFC quota and the 4.4 million lb. NMFS quota, and the closure of federal waters by NMFS continues to create a very complicated management situation. The discard situation in this fishery was also reviewed.
Motion was made to set the dogfish quota at 8 million lbs for 2004/2005 with a 1,500 lb. trip limit and have a study done on spawning females – motion passed unanimously.
Striped Bass FMP – This draft FMP was developed in conjunction with the NC Wildlife Resources Commission and the U.S. Fish and Wildlife Service. It makes management recommendations for both the Albemarle Sound Management Area and the Central/Southern Management Area. The draft plan can be found at: http://www.ncdmf.net/download/index.html on the DMF’s Web site.
The MFC voted on each management issue of the draft FMP.
Motions:
Motion was made to accept the Striped Bass FMP preferred management options regarding water flow in spawning rivers – motion passed unanimously.
Motion was made to accept the Striped Bass FMP preferred management options regarding entrainment and impingement of eggs and fry – motion passed unanimously, with Dr. B. J. Copeland recusing himself from the vote.
Motion was made to accept the Striped Bass FMP preferred management options regarding catch and release mortality in the hook and line fisheries – motion passed unanimously.
Motion was made to accept the Striped Bass FMP preferred management options regarding enforcement of creel limits in the vicinity of inland/joint or coastal boundaries – motion passed unanimously.
Motion was made to accept the Striped Bass FMP preferred management option regarding the Albemarle Sound Management Area boundary line – motion passed.
Motion was made to accept the Striped Bass FMP preferred management options regarding ASMA biological reference points – motion passed.
Motion was made to accept the Striped Bass FMP preferred management options regarding discard mortality of striped bass in the multi-species gill net fishery in the Albemarle Sound Management Area – motion passed.
Motion was made to
reject the Striped Bass FMP recommendation regarding seasonal recreational
striped bass harvest closure in Oregon Inlet and the Atlantic Ocean and stay
with the status quo– motion passed.
Motion was made to
maintain current harvest allocation, regarding harvest
target/triggers/penalties – motion passed unanimously.
Motion was made to
accept the Striped Bass FMP recommendation regarding future overages of harvest
– motion passed.
Motion was made to
accept the Striped Bass FMP recommendations regarding management of
recreational striped bass harvest in the Central/Southern Management Area –
motion passed unanimously.
Motion was made to
stock 200,000 Phase II striped bass annually in the Central/Southern Management
Area – motion passed unanimously.
Motion was made to
accept the Striped Bass FMP recommendation regarding Phase II striped bass
stocking in coastal river systems – motion passed unanimously.
The Striped Bass FMP will now be sent to the Secretary of the Department of Environment and Natural Resources, who in turn will send the plan to the General Assembly’s Joint Legislative Study Commission on Seafood and Aquculture for review and comment. The MFC is scheduled to have a final vote on adoption of the Striped Bass FMP at its February 2 business meeting.
A presentation was given by the DMF on the wetland section of the CHPP.
Blue Crab Economic Assistance Program Rules – These rules have already passed as emergency rules in order to expedite getting economic assistance out to the fishermen; however, the rules still have to go through the regular temporary rule cycle.
Motion:
Motion was made to adopt temporary rules for the Blue Crab Economic Assistance Program (03S.0103) – motion passed unanimously.
Hurricane Isabel Economic Assistance – A discussion was held regarding possible financial aid to fishermen impacted by Hurricane Isabel. It was suggested that the MFC write a letter to North Carolina’s congressional delegation stressing the need for a disaster relief package.
Motion:
Motion was made to send a letter to North Carolina’s congressional delegation regarding Hurricane Isabel economic assistance – motion passed unanimously.
FMP Funding – Earlier in the meeting, during a report on Shellfish Advisory Committee meeting, it was brought up that some of the recommendations in the Oyster and Clam FMPs had not been implemented due to lack of funding. At this point in the meeting, the matter of adequate funding for the FMP process was talked about. It was decided by consensus a matrix of funding needs and a letter to the General Assembly would be drafted by Commissioners Copeland, Gillikin and Bradford for review at the next MFC meeting.
Shrimp Fishery Management Plan – An update was given on the progress of the Shrimp FMP. The advertisement for advisors has gone out and so far 17 people have applied. The draft public information document is being written and will be presented at the next Crustacean Advisory Committee meeting. The plan is scheduled to be finalized in June 2005.
The MFC was presented with a draft goal and objectives, which they amended in the following manner:
·
Minimize waste and
enhance economic value of the shrimp resource by promoting more effective
harvesting practices;
Motion:
Motion was made to
approve the goal and objectives of the Shrimp FMP as amended – motion passed
unanimously.
Proposed Observer Program – Blake Price of the DMF’s Fishery Management Section gave a detailed report on a proposed observer program to assist in monitoring fisheries.
The observer program will help the DMF obtain information needed for FMP development.
Staff Changes – Jeff Gearhart has left the DMF to do work for the NMFS on gear research. Trish Murphey is the new bio-supervisor for the central district, filling Rick Monaghan’s old position. The bio-supervisor position in the Shellfish Rehabilitation Section has been reestablished and will be advertised soon.
Summer Flounder – Because of navigation hazards at Oregon Inlet, the commercial fall flounder season will be difficult to coordinate. DMF is investigating having some of our quota transferred to Virginia so flounder can be landed there, but there are logistical issues to be worked out regarding reporting.
Striped Bass - In the Albemarle Sound Management Area, the commercial season opened Oct. 27 with a 76,000 lb. limit and the recreational season opened Oct 11 with a 107,000 lb. allotment. Because anglers have only landed 7,500 lbs. so far, the DMF is going to allow recreational harvest seven days per week.
The commercial season in the ocean will have approximately 437,000 lbs for the season to be split between the trawlers and the gill netters. The beach seine crews will not get a portion of the quota because of last year’s overages.
Oyster Garden Pilot Project – DMF staff is currently setting up permit criteria to establish an oyster garden pilot project. The project will be limited to 50 participants. Workshops will be scheduled in January.
Updates were given of the activities of the following groups:
Atlantic States Marine Fisheries Commission
Mid-Atlantic Fishery Management Council
South Atlantic Fishery Management Council
Marine Patrol
Meeting Adjourned
MFC Meetings for 2004:
Jan. 13 Wilmington
Feb. 2-3 Greenville
May 13-14 New Bern
July 20-21 Jacksonville
Sept. 27-29 Kill Devil Hills