THE MFC ADVISOR

Marine Fisheries Commission Business Meeting
Hatteras, North Carolina
November 30 - December 1, 2006


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 Nov. 30 – Dec. 1 at the Civic Center in Hatteras, North Carolina. The following members were in attendance: Mac Currin - Chairman, Dr. B.J. Copeland -Vice Chairman, David Beresoff, Dr. Barbara Garrity-Blake, Dr. Jim Leutze, Rusty Russ, Bradley Styron and Marshall Williford. David Hilton resigned from the commission and that commercial seat had not been filled by the governor’s office at the time of this meeting.

Motions and Actions

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

Issues from Commissioners
There were comments about the lack of trust that some fishermen had in the regulatory process and needing to find ways to rebuild that confidence. The red drum CAP, unused striped bass quota, and retiring any unnecessary regulations were also discussed.

There were also comments about the dogfish fishery and problems in managing that fishery. Chairman Currin indicated that the Spiny Dogfish Citizens Advisory Panel had been meeting and the commission would receive an update on the progress of that group later in the meeting.

Commissioners then discussed the changing landscape in the fishing industry; including the decline in the numbers of commercial fishermen, the growth in the recreational sector, the development of the Inner Banks, the loss of public access and the impact of imports. Some commissioners were interested in discussing a retooling of the Fisheries Reform Act to address these changes. Staff was instructed to send the commission copies of the Moratorium Steering Committee Report, the 1997 Fisheries Reform Act and the Coastal Recreational Fishing License laws with amendments. Commissioners will review this information and the February business meeting will be extended by a half day to further discuss this issue.

Chairman’s Report
NMFS – The commission held further discussion about their displeasure with the response from the National Marine Fisheries Service regarding the commission’s letter of July 28, 2006. There was discussion about whether another letter to NMFS would be of benefit. After much discussion the commission decided to send a letter to the governor
expressing displeasure with data used in Amendment 13C to the Snapper-Grouper Fishery Management Plan, that NMFS did not follow their own procedure, that North Carolina fishermen are distressed and frustrated by that process and the commission would ask the governor look into the advisability of joining the lawsuit with the N.C. Fisheries Association against the NMFS.

Motion for the commission to send a letter to Governor Mike Easley asking him to look into joining the lawsuit with the N.C. Fisheries Association against the NMFS over amendment 13C to the Snapper Grouper Fishery Management Plan if he feels it is appropriate to do so – motion passed unanimously.

N.C. Watermen United Resolution – This group submitted a resolution asking the commission recommend to the Joint Legislative Commission on Seafood and Aquaculture that commercially registered vessels be exempt from the Coastal Recreational Fishing License.

Motion to send the resolution from N.C. Watermen United forward to the Joint Legislative Commission on Seafood and Aquaculture for review – motion passed.

Committee Recommendations
The MFC received reports and updates from all of its advisory committees that had met during October and November.

Motion to forward the resolution, as discussed in the Habitat and Water Quality Advisory Committee, to the Environmental Management Commission supporting its effort to amend the coastal stormwater rules to incorporate all new Phase II stormwater requirements into the Coastal Stormwater Program; requesting that the Environmental Management Commission remove the distinction between shellfish resource waters or SR waters, and shellfish waters, SA waters, and to lower the requirement threshold to 10,000 square feet of land disturbance - motion passed unanimously.

Motion by to approve and send letter to Michael DeGaetano, as discussed in the Finfish Advisory Committee, relative to his complaint of proximity of giggers to gill nets in the Atlantic area, directing him to work with law enforcement under the current statutes and report the incidents when and where they occur - motion passed unanimously.

Motion to contribute $18,000 in Marine Fisheries Commission Conservation Fund monies to partially fund the Division of Marine Fisheries/Sea Grant Fellowship, as discussed in the Conservation Fund Committee - motion passed unanimously.

Guide to Public Involvement in Fisheries Management
Sara Mirabilio with N.C. Sea Grant presented a draft document that Sea Grant has been working on in conjunction with the commission’s Public Information Committee to help the public understand and become more involved in the state’s marine fisheries management process. The publication is nearing completion and should be available for distribution in the near future.

Strategic Habitat Area Presentation
The commission received a report on a proposed process to identify, delineate and designate Strategic Habitat Areas throughout North Carolina’s coastal counties as set out in the state’s Coastal Habitat Protection Plan.

Motion to endorse the Strategic Habitat Area process – motion passed unanimously.

Director’s Report
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.

Motion to send a letter to the National Marine Fisheries Service supporting the proposed increase in retention limits for Incidental permit holders to 30 fish and vessel upgrading restrictions. Without objection, a caveat was added regarding the commission’s concern for the expansion of billfish bycatch, wanting NMFS closely monitor the situation - motion passed unanimously.

River Herring Fishery Management Plan
At the September business meeting, the commission voted to postpone action on the draft River Herring FMP until the November business meeting because the panel was split on whether to enact a harvest moratorium on river herring, or endorse a 100,000-pound season.

Motion to postpone action on the Draft River Herring Fisheries Management Plan to a date certain when the Marine Fisheries Commission has a full complement of commissioners - motion passed unanimously.

Motion to un-table the previous motion to postpone action on the Draft River Herring Fisheries Management Plan to a date certain when the Marine Fisheries Commission has a full complement of commissioners - motion passed unanimously.

Motion to postpone action on the Draft River Herring Fisheries Management Plan to a date certain when the Marine Fisheries Commission has a full complement of commissioners - motion failed.

Motion to accept the River Herring Fishery Management Plan Advisory Committee’s recommendation to continue the 100,000-pound harvest, and to review the plan in three years in order to allow time to put together a comprehensive plan and see if funding might be found to help restore the fishery - motion failed due to tie vote.

Motion to adopt the zero harvest as the management option in the Draft River Herring Fisheries Management Plan, and also to adopt the remaining measures of the plan that were agreed upon by the division and the advisory committee - motion failed due to tie vote.

Motion to reconsider the motion to adopt the zero harvest as the management option in the Draft River Herring Fisheries Management Plan, and also to adopt the remaining measures of the plan that were agreed upon by the division and the advisory committee -motion passed, with two abstentions.

Motion to adopt the zero harvest as the management option in the Draft River Herring Fisheries Management Plan, and also to adopt the remaining measures of the plan that were agreed upon by the division and the advisory committee – motion passed.

Motion to approve the Draft River Herring Fisheries Management Plan, with its management measures, and to send the draft plan to the Secretary of DENR and to the Joint Legislative Commission on Seafood and Aquaculture - motion passed.

Motion to direct the Director of Marine Fisheries to implement the zero harvest recommendations in the Draft River Herring Fishery Management Plan - motion passed, with one abstention.

Motion to include the anadromous spawning and nursery area rules as part of the Draft River Herring Fishery Management Plan - motion passed unanimously.

Other Business
Motion for the commission to send a resolution of appreciation to Pres Pate, Division of Marine Fisheries Director, who is retiring Jan. 31, 2007 – motion passed unanimously.

2007 Meeting Schedule:
Feb. 21-23 Marriott, Carolina Beach
April 26-27 Ramada Inn, Kill Devil Hills
June 26-27 Clarion, Raleigh
Sept. 6-7 Clam Digger, Pine Knoll Shores
Nov. 15-16 Community Center, Ocracoke