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THE MFC ADVISOR Marine Fisheries Commission Business Meeting The MFC held a business meeting November 15-16 at the Community Center in Ocracoke, North Carolina. The following members were in attendance: Dr. B.J. Copeland -Vice Chairman, David Beresoff, Dr. Barbara Garrity-Blake, Mikey Daniels, Dr. Jim Leutze, Rusty Russ, Bradley Styron and Marshall Williford. Mac Currin - Chairman, was unable to attend the meeting due to illness. This was Dr. Garrity-Blake’s last meeting. Motion by Dr. Jim Leutze to approve the summary of the September 2007 MFC business meeting, seconded by Rusty Russ – motion passed 6 to 1. Issues from Commissioners Dr. Jim Leutze wanted to have a discussion about spiny dogfish and was advised that topic would be discussed under the Mid-Atlantic Fishery Management Council report. Dr. Jim Leutze also talked about the effect of sea level rise and asked the DMF to prepare a presentation speculating what impact sea level rise would have on fish stocks. Dr. Barbara Garrity-Blake wanted to make the MFC aware that there was a group from New Bedford, Conn. calling for congressional hearings on climate change and it’s effect on fish regulations and assessing the impacts. Marshall Williford wanted to make sure the MFC received the latest assessment of juvenile river herring and was advised there would be a herring update later in the meeting. Chairman’s Report Action Update - The following actions were reported: Farewell - Dr. Barbara Garrity-Blake was not reappointed to the MFC and this was her last commission meeting. She was presented with a plaque from the MFC thanking her for her many years of service. Pound Net Season Extension - The MFC held a discussion about the possible extension of pound net season for southern flounder. Fishermen who came to the MFC public meeting on November 14, along with many others who had contacted the DMF and MFC prior to the meeting, said they were unable to catch flounder during the designated harvest period because the flounder had not started moving due to warm water temperatures. In addition, excessive amounts of animal grass (sauerkraut bryozoan) had clogged the nets. DMF Director Louis Daniel said that they should not take this possible action lightly because the Southern Flounder FMP that called for the season closure on Dec. 1, had stressed there would be good years and bad years relative to catch rates. The FMP was designed to conserve Southern flounder but still give fishermen an opportunity to catch fish. He outlined the pros and cons of extending the season. There was also discussion about the market factors and not wanting to drive down the price of flounder when the trawl season opens later in the year and the impact of the closure of the deep-water, large-mesh gill nets in Pamlico Sound. Bradley Styron recused himself from any votes on this issue. Motion by Dr. Jim Leutze for the DMF director to extend flounder pound net season to December 14, 2007 via proclamation authority, seconded by Marshall Williford - motion passed 6 – 0, with one recusal. There was then discussion that this measure left out gill nets, which were also impacted by weather and animal grass. David Beresoff said he would also recuse himself from any further votes on this issue if gill nets were included. Motion by Dr. Jim Leutze to reconsider the previous flounder pound net motion, seconded by Mikey Daniels – motion passed 5 – 0, with two recusals. Motion by Dr. Jim Leutze for the DMF director to extend commercial Southern flounder season to December 14, 2007 via proclamation authority, seconded by Marshall Williford - motion passed 5-0, with two recusals. Committee Recommendations Motion by Rusty Russ to approve the 2006-2007 Coastal Habitat Protection Plan (CHPP) Annual Report, seconded by Dr. Barbara Garrity-Blake – motion passed 7-0. There was discussion about the need to publish a newspaper insert containing the new CHPP report and implementation schedule, which would cost about $20,000. The N.C. Coastal Federation had offered to pay half and it was hoped the remaining money could come from the MFC’s Conservation Fund. Motion by Dr. Barbara Garrity-Blake for the MFC to send a letter to DENR Secretary Bill Ross regarding “Inner Banks” development, seconded by Jim Leutze – motion passed 7-0. The MFC was reminded the EMC was going to be voting on their storm water rules in January and the commission needed to remain strong in its support of these important measures. The co-chairs of the Habitat and Water Quality Advisory Committee, Dr. B.J.Copeland and Dr. Barbara Garrity-Blake, presented Mike Street with a resolution from their committee in recognition of his pending retirement from the DMF, thanking him for his 38 years of service to the state. A plaque from the MFC also recognizing Mr. Street’s contributions to North Carolina was presented. Public Comment Kelly Schoolcraft – He said he appreciated commissioners bringing forward the issue of climate change because it does have an impact on our fisheries. He also stated the need for a year-round fishery for king mackerel to keep our fishermen working. He also felt it was not fair to let one state get the advantage over another state on snapper-grouper. Mr. Schoolcraft also said he thought striped bass permits were a step in the right direction, but felt it was too little, too late. He said limited entry was needed because there were too many fishermen for open participation. Chris Elkins, Coastal Conservation Association of N.C. – He said oyster dredging was a destructive fishing practice and needed to be phased out and that recreational fishermen would support CRFL funding being used for habitat restoration. He distributed a handout to the MFC outlining this position. Sean McKeon, NCFA – Thanked the MFC for their action on expanding the flounder pound net season and said he felt the absence of the MFC chairman allowed that process to take place. He cautioned the MFC to be aware that there was a move to have loggerhead sea turtles moved from threatened to endangered and if this did happen, it would have a huge impact on fishermen. He then said there were many problems with the upcoming presentation the MFC was going to receive on Limited Access Privilege Programs (LAPPs) by Dietmar Grimm of the Redstone Group. He ended his comments asking the MFC to think seriously about allowing the MFC chairman to also serve on the South Atlantic Fisheries Management Council. David Gaskins – He said the Red Drum FMP Advisory Committee started out being a very good thing, but it has now turned into a very bad thing. It is not fair to only allow commercial fishermen seven red drum as a bycatch, while allowing recreational fishermen to target red drum. He said seven fish does not even pay for the fuel and felt the commercial fishermen should get 100 pounds per trip because there were so many drum out there. He also questioned why recreational fishermen do not have to pay back striped bass overages and why they do not have to submit trip tickets. He also stated this was the best MFC meeting he had attended. James Fletcher, United National Fishermen’s Association - He felt it was very curious that the person who supported looking into estrogen during the Habitat and Water Quality discussion was being taken off the MFC and that this has happened twice before. He said when the pie is hot; no one wants to touch it. He then said it would cost $3 trillion to take the personal care products out of our water. He wants the MFC to push harder on water quality issues and address chemicals. He ended his comments by saying coastal counties are the biggest abusers of our waters. Jeff Oden – He talked about LAPPs and Amendment 15 to the Snapper-Grouper FMP and said that fishermen in this area will not survive LAPPs. He then talked about the chairman of the SAFMC, whom he said was a known advocate of the CCA, who was saying we have to change the way we allocate our fisheries between commercial and recreational fishermen. Mr. Oden said the chairman of the SAFMC talked about forward thinking, but he was going to plow under the coastal communities. Pam Morris - Said she was the co-chair of the Central Advisory Committee and the committees do not need to receive more than one FMP to review at a time. She said she was not in favor of a shellfish recreational fishing license and the return would be nominal, and that the mechanical harvest of clams was already very restricted. In regards to LAPPs, this concept is being pushed by special interest groups while the number of fishermen are down in order to set the cap at a low number and crush commercial fishing. She said that the CHPP would get swept under the rug if the legislature is not pushed on the issue. And she said that the comments by the chairman of the SAFMC regarding allocation were appalling. Dr. Jim Leutze then said he would like the Finfish Advisory Committee to investigate the question about allowing recreational fishermen to target red drum. Dr. B.J.Copeland advised the Red Drum FMP Advisory Committee was handling red drum issues and a report would be given on their activities later in the meeting. Dr. Barbara Garrity-Blake then questioned whether a MFC member should be allowed to be on the SAFMC. Dr. B.J. Copeland advised her that the MFC actually nominated the pool of nominees to go forward to the governor and then the U.S. Secretary of Commerce for council appointments. Dr. Garrity-Blake then asked where is the accountability with the councils? Can the MFC weigh in on council concerns? Can the MFC send a letter? Dr. Jim Leutze then asked the MFC counsel, Frank Crawley, if there were constraints on North Carolina’s SAFMC seat to represent the MFC’s recommendations and concerns. Mr. Crawley responded that the council seat does not represent the MFC and is there in a separate capacity. Mac Currin holds a recreational seat on the SAFMC. Mr. Crawley did not see any conflict of interest with Mac Currin voting on SAFMC issues as a recreational representative. Dr. Barbara Garrity-Blake suggested DMF staff investigate the SAFMC’s interim allocations to see what they mean and possibly write a letter at the next meeting. Committee Recommendations (continued) There was discussion under the Red Drum FMP Advisory Committee report about: Motion by David Beresoff to table the issue of an interim attendance requirement for the small mesh gill nets and wait until the FMP is finalized to address this issue, seconded by Dr. Barbara Garrity-Blake – motion passed 6 –1. Limited Access Privilege Programs (LAPPs) The results were: Do you think the idea of fishermen buying and selling quota shares from each other would be a fair way to allocate the Total Allowable Catch for a species? 62%-No, 38%-Yes Check any species that you believe might be better managed under a LAPP than the current regulations: If given a choice between a shortened season and a LAPP, which would be preferable? 52%-LAPP, 48%-Shortened Season Should the MFC continue to investigate whether LAPPs could be used in North Carolina? 50%-Yes, 50%-No Do you feel you had enough information to make informed answers to these questions? 75%-Yes, 25%-No There were additional questions that were specific to the striped bass ocean fishermen and snapper grouper permit holders. Then Dietmar Grimm of the Redstone Group gave an introduction to the performance of LAPPS in the United States and shared-stock Canadian fisheries. At the next MFC meeting, staff will prepare LAPP scenarios on several North Carolina fisheries. Fishery Management Plans Issues with Disagreements Motion by Mikey Daniels to support DMF and advisory committee’s positions on technical support for shellfish leaseholders and amending the advisory’s committee’s position stating they would support a private oyster larvae monitoring program, seconded by Rusty Russ – motion passed 7-0. Motion by Bradley Styron to support advisory committee’s position on the issue of no data on recreational harvest of shellfish, which was to stay with the status quo (this means the MFC did not support a recreational shellfish license or permit, and felt this information could be gathered by a survey), seconded by Rusty Russ – motion passed 7-0. Motion by Dr. Jim Leutze to support the DMF and advisory committee shared position on movement of cultured seed shellfish from polluted areas, which was to stay with the status quo, seconded by Rusty Russ – motion passed 7-0. Motion by Dr. Jim Leutze to support the DMF position on the issue of increasing dredging restrictions in Pamlico Sound bays, seconded by Rusty Russ – motion passed 5-2. Motion by Dr. Jim Leutze to support the DMF and advisory committee shared position on the issue of changing the date to close oyster season from May 15 to March 31, seconded by Rusty Russ – motion passed 7-0. Motion by Dr. Jim Leutze to support the DMF position on the issue of non-native oyster introduction, seconded by Marshall Williford – motion passed 6-1. Motion by Dr. Barbara Garrity-Blake to support DMF and advisory committee shared position to discontinue the rotation of southeast Pamlico Sound with northern Core Sound and institute a resting period within the mechanical clam harvest area in northern Core Sound, seconded by Dr. Jim Leutze – motion passed 7-0. Motion by Dr. Jim Leutze to support all positions on the issue of effects of mechanical clam harvest on fish habitat – motion died for lack of a second. Motion by Dr. Jim Leutze to support DMF and advisory committee shared position on the issue of the effects of mechanical clam harvest on fish habitat, seconded by Marshall Williford – motion passed 7-0. Issues with Agreement Habitat and Water Quality Issues Research Priorities Motion by Dr. Jim Leutze to send the Oyster and Hard Clam FMPs to DENR Secretary Bill Ross and the Joint Legislative Study Commission on Seafood and Aquaculture, seconded by David Beresoff – motion passed 7-0. These FMPs can be viewed or downloaded at: Bay Scallop FMP – The Bay Scallop FMP has been developed through the DMF/ advisory committee process, gone out to public meetings and regional advisory committees, then to the DENR Secretary Bill Ross and the Joint Legislative Commission on Seafood and Aquaculture for comment and review and through the public hearing process. Motion by Marshall Williford to approve the Bay Scallop Fishery Management Plan and its implementing rules, seconded by Dr. Jim Leutze – motion passed 7-0. This FMP can be viewed or downloaded at: Interjurisdictional FMP – The Interjurisdictional FMP has been developed through the DMF/advisory committee process and out to public meetings and the regional advisory committees for review and comment. It is now ready to go to DENR Secretary Bill Ross and the Joint Legislative Commission on Seafood and Aquaculture for comment and review. Motion by Dr. Barbara Garrity-Blake to send the Interjurisdictional FMP to DENR Secretary Bill Ross and the Joint Legislative Commission on Seafood and Aquaculture, seconded by David Beresoff – motion passed 7-0. This FMP can be viewed or downloaded at: Kingfish FMP – The Kingfish FMP has been developed through the DMF/advisory committee process and gone out to public meetings and the regional advisory committees for review and comment. It is now ready to go to DENR Secretary Bill Ross and the Joint Legislative Study Commission on Seafood and Aquaculture for comment and review. Motion by David Beresoff to recommend the Kingfish FMP habitat, water quality and protected species measures; management triggers with proclamation authority; and not to recommend ASMFC or SAFMC management of kingfish stocks or a 30-day comment period; also to send the Kingfish FMP to DENR Secretary Bill Ross and the Joint Legislative Commission on Seafood and Aquaculture; seconded by Marshall Williford – motion passed 6-0. Motion by Rusty Russ to accept all research recommendations from the Kingfish Plan Development Team, seconded by Dr. Barbara Garrity-Blake – motion passed 6-0. This FMP can be viewed or downloaded at: License and Statistics Annual Report Contact Don Hesselman at 252-726-7021 or don.hesselman@ncmail.net for a copy of this report or visit http://www.ncdmf.net/statistics/statistics.htm to view license and statistics data. Suspension of Rules Rules Motion by Dr. Jim Leutze to give final approval of SCFL Eligibility rules, updating the creation of the applicant pool and updating the application process, seconded by Dr. Barbara-Garrity-Blake – motion passed 7-0. Notice of Text - The MFC decided to file notice of text to begin the rulemaking process on the following issue(s): Motion by David Beresoff to approve notice of text for a rule amendment addressing transfer criteria for eligibility pool SCFLs, seconded by Dr. Jim Leutze – motion passed 7-0. Committee Referral - The MFC referred these issues to advisory committees for further review: Motion by Dr. Barbara Garrity-Blake to refer pound net issues (removal of gear/gear clean up period) to the regional advisory committees, seconded by Rusty Russ – motion passed 7-0. Motion by Rusty Russ to send the recreational shrimp limits issue to the regional advisory committees, seconded by David Beresoff – motion passed 7-0. Motion by David Beresoff to send the mechanical retrieval of RCGL trawls issue to the regional advisory committees, seconded by Rusty Russ – motion passed 6-0. Motion by Rusty Russ to send mechanical harvest effort options for oysters to the regional advisory committees, seconded by Bradley Styron – motion passed 6-0. Coastal Recreational Fishing License Waterfront Access and Marine Industry Fund FMP Guidelines Motion by Marshall Williford to accept revised MFC FMP guidelines, seconded by Rusty Russ – motion passed 6-0. Letters/Resolutions Motion by Dr. Barbara Garrity-Blake to pass a resolution in support of the spirit of HR 4084, introduced by Congressman Walter Jones, seconded by Mikey Daniels – motion passed 6-0. 2008 Meeting Schedule: |