THE MFC ADVISOR
Marine Fisheries
Commission Business Meeting
Ramada Inn – Kill
Devil Hills, North Carolina
November 6 - 7,
2008
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. Visit http://www.ncdmf.net/mfc/advisor.html to view this and past issues of the Advisor. Your comments regarding this update are always appreciated – please contact Nancy Fish by e-mail at nancy.fish@ncmail.net or by phone at 252-808-8021 or 1-800-682-2632.
The MFC held a business meeting November 6 - 7 at the Ramada Inn in Kill Devil Hills, North Carolina. The following commission members were in attendance: Mac Currin – Chairman, Dr. B.J. Copeland-Vice Chairman, David Beresoff, Rob Bizzell, Mikey Daniels, Jess Hawkins, Rusty Russ and Bradley Styron. Rob Bizzell had an excused absence the second day of the meeting. Marshall Williford resigned from the MFC in June and the governor had not appointed his replacement at the time of the meeting.
Chairman Currin reminded the commission of the requirements of Executive Order One.
Commissioner Jess Hawkins gave the invocation.
At this point in the meeting the public comment period was held. The following individuals addressed the MFC:
Kelly Schoolcraft, who runs the commercial fishing vessel Country Time out of Hatteras, asked that North Carolina’s representatives on the South Atlantic Fishery Management Council press to continue status quo with king mackerel, since a panel review shows there is a low probability that the stocks are overfished. Schoolcraft also said that an informal poll in Ahab’s Journal in the Outer Banks Sentinel showed most fishermen support using a Limited Access Privilege Program in the striped bass fishery. Schoolcraft remarked that Amendment 15B to the SAFMC Snapper-Grouper FMP will ban the sale of fish caught in federal waters. He said he believes there should be some accounting for recreational sale of fish caught in federal waters that goes toward the commercial quota. He asked if a joint enforcement agreement would allow Marine Patrol to address this issue.
Ben Landry of Omega Protein, based in Baton Rouge, La., asked the MFC to consider the best available science instead of politics when considering the Save the Bait petition. Landry said Omega has been a good corporate partner with NC MFC, though it has not worked closely with the state since Beaufort Fisheries closed. He said NMFS has always claimed menhaden stocks are healthy. He said Omega employs 50 North Carolina residents and is responsible for more than $1 million in economic impact and licenses and fees paid to the Division of Marine Fisheries.
Sean McKeon of N.C. Fisheries Association spoke against Limited Access Privilege Programs. He said NCFA represents the majority of fishermen in the state and its board is unanimously against LAPPs. Additionally, McKeon said Omega Protein is a member of NCFA, and he asked the MFC to deny the Save the Bait petition. He said it is obvious the intent of the petition is political and is not based in science.
Beresoff also asked if the MFC would consider allowing three or four oystermen to go out and bring back their individual trip limits on one boat. Currently, the state allows only two trip limits per vessel, regardless of the number of licensed fishermen on board. Beresoff said he believes it would help the fishermen with gas prices. Marine Patrol Col. Rex Lanier said his officers do allow fishermen to load their trucks with multiple trip tickets once they reach shore. Commissioner B.J. Copeland noted that this request is similar to one regarding summer flounder limits brought to the MFC by Jim Fletcher, and he asked if they should be considered together. Chairman Mac Currin referred the matter to the Shellfish Advisory Committee.
Lastly, Beresoff expressed concern about allowing the transfer of commercial striped bass harvests to other boats. If transfer of striped bass is allowed, what stops someone from fishing, he asked? What is needed is more quota, but until that happens the state needs to prolong the salability of the fish to keep market prices higher Beresoff stressed.
Hawkins said he has also received calls from crab fishermen who would like a reprieve on requirements for attending their crab pots in order to save fuel. He said he this will be an issue for the next amendment to the Blue Crab FMP.
Sera Drevenak, South Atlantic representative of the Marine Fish Conservation Network, told the commission the intent of the petition is for there to be more fish in the water. She said there are biological reasons to support the petition, and she questioned the ASMFC stock assessment conclusions.
Commissioner Bradley Styron said he thinks that even with a complete ban on all purse seine operations, menhaden populations would still not meet the targets to which Drevenak referred. He said there are only a few boats now.
The MFC received a letter from the state auditor, who was sharing a resolution from the Council of State encouraging “all professional licensing boards to enact laws and rules consistent with the objectives of offering relief to Guard and Reservists who must maintain professional licenses while on deployment.”
The commission also received copies of letters approved at the September meeting and subsequently sent.
The MFC discussed its 2009 meeting schedule. Because of budget constraints, the MFC will drop from five meetings to four meetings next year. DMF will send about half the staff it normally sends to the meetings.
The MFC also discussed whether to cancel a fisheries forum scheduled for this spring that DMF co-sponsors with N.C. Sea Grant. The MFC agreed to go forward with plans for the forum unless Sea Grant advises it cannot pay its share.
The MFC heard reports from advisory committee meetings held in October. Actions resulting from the reports follow:
|
Current |
Proposed |
|
2 Convictions = 10-Day Suspension |
2 Convictions = 30 Day Suspension |
|
3
Convictions = 30 Day Suspension |
3
Convictions = 90 Day Suspension |
|
4
Convictions = 6 Month Suspension |
4
Convictions = 1 Year Suspension |
|
Current |
Proposed |
|
10-Day Suspension |
1 Conviction Toward Suspension |
|
Current |
Proposed |
|
10-Day Suspension |
30 Day Suspension |
|
Current |
Proposed |
|
Felony Conviction 10-Day Suspension |
Felony Conviction 1-Year Suspension |
|
Current |
Proposed |
|
No Suspension |
1 Conviction = 1-Year Suspension |
|
|
2 Convictions = Permanent Revocation |
|
Current |
Proposed |
|
No Suspension |
1 Conviction Toward Suspension |
|
Current |
Proposed |
|
No Suspension |
Same Revocation Schedule as Commercial Fishing |
|
Current |
Proposed |
|
In Person |
Certified Mail |
*Non-Resource-related convictions will not count
toward suspension under the proposed new schedule. There are 29 fisheries
violations considered non-resource related (these are violations that have
minimal impact on the natural resource). Examples include improperly marked
buoys and failure to notify of a change of address.
§ Motion by Jess Hawkins to approve the Coastal Habitat Protection Plan Annual Report, seconded by Dr. B.J. Copeland – motion passed unanimously.
The MFC adopted Amendment I to the N.C. Red Drum Fishery Management Plan, and rules to implement the plan that:
· Lengthen the annual commercial seasonal small mesh gill net attendance requirement (currently May 1 – Oct. 31) to May 1 – Nov. 30;
· Require year-round attendance of small mesh gill nets within 200 yards of shore in the Pamlico, Pungo and Neuse rivers;
· Require seasonal attendance of small mesh gill nets in all primary and permanent secondary nursery areas, within 50 yards of shore (except south of the N.C. 58 bridge in October and November) and in modified no-trawl areas along the Outer Banks;
· Establish a 3,000-yard-per-vessel limit for gill nets with mesh length 5 inches or greater used in inshore waters (previously 5 ½ inches or greater);
· Implement a June through October attendance requirement for large mesh gill nets set within 10 feet of the shore;
· Require the use of circle hooks, short leaders and fixed weights when fishing at night with natural bait using large hooks (greater than 4/0) in the Pamlico Sound and its tributaries from July through September;
· Split the annual commercial red drum harvest limit into two periods: 150,000 pounds allotted for Sept. 1 – April 30 and 100,000 pounds allotted for May 1 – Aug. 31.
The MFC discussed earlier comments from Bill Mandulak that high currents on the eastern side of Pamlico Sound would make it difficult to fish with circle hook rigs with short leaders, and that the original proposal from the Red Drum Fishery Management Plan Advisory Committee was for 24-hour circle hook use that did not require short leaders.
Dr. Copeland asked why the proposal was changed to a nighttime requirement for short leaders and fixed weights.
Bizzell reminded the MFC that the change was made at his request. He said most recreational red drum fishermen are self-regulating and do not need a circle hook rule at all. But the regulation is needed for those who do not really know the fishery, and he believed most inexperienced fishermen fished at night.
Motion by Rob Bizzell to accept Amendment I to the Red Drum Fishery Management Plan as proposed - motion died for lack of a second.
Hawkins said he would have seconded Bizzell’s motion, but he wanted to discuss an issue with a different recommendation in the plan that would have extended a seasonal gill net attendance requirement farther south. He said he would like to maintain the current exemptions for Core Sound and waters south. He said there should be more research to determine if the spot fishery in these areas impacts red drum.
Motion by Jess Hawkins for the Red Drum FMP and associated restrictions for small mesh gill net attendance exemptions for Core Sound, and waters south, be maintained as they currently are, seconded by Mikey Daniels – motion was withdrawn.
Motion by Jess
Hawkins to approve the Red Drum FMP amendments, except for attendance of small
mesh gill nets in Core Sound, south, in October and November (let the FMP
reflect restrictions for Core Sound and waters south will be status quo),
seconded by Rob Bizzell – motion passed 6 in favor and 1 opposed.
Dr. Copeland said he felt the MFC
was making a mistake by not amending the circle hook rig requirement. But
Bizzell said he did not think the fishing on the eastern side of the Pamlico
Sound would be impacted by the rule because it will only be required from July
through September, and most of the inlet fishing happens in the fall.
Motion by Jess
Hawkins to approve rules associated with the Red Drum FMP amendment with
modification to 15A NCAC 03R .0112, seconded by Rob Bizzell – motion
passed 6 in favor and 1 opposed.
DMF Director Daniel told the MFC he had received about 360 letters, mostly form letters, asking him to immediately implement the gill net attendance requirement by proclamation. Otherwise, it would be Feb. 1, at the earliest, before the permanent rules would take effect.
Motion by Rob
Bizzell for the DMF Director to implement the Red Drum FMP amendment small mesh
attendance measures via proclamation effective immediately, seconded by Rusty
Russ – motion passed 6 in favor and 1 opposed.
DMF Director Daniel then informed the MFC that the Atlantic States Marine Fisheries Commission had changed its red drum fishing year to begin Sept. 1, so that it is now the same as North Carolina’s fishing year.
The MFC approved a letter to Erskine Bowles, president of the University of North Carolina System, expressing concern over stagnant funding for the N.C. Sea Grant College Program.
David Taylor, head of DMF’s Fisheries Management Section, updated the MFC on the response of a mediation center review of a case involving conflict between gill net fishermen and recreational/guide fishermen in the Newport and White Oak rivers. The mediators were excited that they had a potential case, but it would take more review to determine a cost estimate.
Dr. Copeland said that if it was not cost-prohibitive, it seemed like a good thing to do.
DMF Director Daniel said that the Newport River case was a tough one that might be difficult to resolve through mediation. At the suggestion of Bradley Styron, the MFC decided to delay any decision on the matter until January to give the parties involved a cooling off period and time to get more information from mediators.
MFC Attorney Frank Crawley told the MFC a petition for rulemaking received from residents on Rocky Run and Deer creeks was deemed to meet criteria for consideration.
The petition requested the MFC limit commercial gill net fishing in the creeks. The residents complained fishermen are noisy, shine bright lights into their homes and otherwise lack consideration for property owners.
David Taylor, head of DMF’s Fisheries Management Section recommended the MFC set up a meeting with residents and fishermen to try to work out a solution between them. However, Crawley said the MFC has a 120-day statutory deadline to either deny a petition or grant it and begin the rulemaking process. That deadline would be up before the next MFC meeting.
Colonel Lanier said he had checked law enforcement records for the creeks. While there have been a few complaints, no citations have been written in the area.
Motion by Dr. B.J. Copeland, to deny the petition based on a lack of enough information to ascertain the facts, but asked DMF to meet with the residents and fishermen to try to iron out a compromise between them, seconded by Rusty Russ – motion passed unanimously.
· Clarify that gill nets must be set at least 200 yards from any flounder or other finfish pound net from Jan. 1 to Aug. 14 in the Albemarle Sound;
·
Limit a pound net set to a single fishery at a time and
require fishermen to notify Marine Patrol within 72 hours of a designation
change;
·
Instruct the DMF director to issue proclamations
establishing cleanup times between Dec. 1 and Feb. 1 when all pound nets must
be removed from the waters;
·
Establish rules for recreational shrimp pounds under
the Recreational Commercial Gear License.
· More fully describe the roles of the N.C. Department of Environment and Natural Resources and the DMF for the introduction in N.C. Fisheries Rules for Coastal Waters;
· Better define proclamations, how proclamation authority is used and how the public can access proclamations;
·
Modify definitions to more specifically describe
submerged aquatic vegetation for consistency with the N.C. Coastal Habitat
Protection Plan and to otherwise update rules;
·
Require bait dealers to obtain a permit from the DMF to
hold, sell or place into coastal waters any bait imported from outside the
state;
· Better describe no trawling areas in the Albemarle Sound and its tributaries;
· Allow recreational fishermen to retrieve shrimp trawls by mechanical methods;
· Extend the 48-quart recreational harvest limit for shrimp to all recreational gears;
· Correct existing rules describing boundaries for coastal, joint and inland waters;
· Adopt federal turtle excluder device requirements for shrimp trawls into state rule, allowing for state enforcement to improve compliance and better protect sea turtles;
· Adopt harvest limits for American lobster to comply with Atlantic States Marine Fisheries Commission requirements;
· Move out of proclamation authority and into rule the requirement for the Black Sea Bass North of CapeHatteras Dealer Permit; and
· Add “fishing operations” under the DMF director’s proclamation authority to help protect Primary Nursery Areas.
Motion by Dr. B.J. Copeland
to approve the permanent rule for the Submerged Aquatic Vegetation definition,
seconded by Jess Hawkins – motion passed unanimously.
Motion by Jess Hawkins to
approve the permanent rule to add “fishing operations” under the DMF director’s
proclamation authority to help protect Primary Nursery Areas, seconded by Dr.
B.J. Copeland – motion passed with 4 in favor, 1 opposed and 1 recusal.
Motion by Dr.
B.J. Copeland to approve permanent rules for all items on the agenda, except
for the previously approved Red Drum FMP rules, SAV definition rule and gill
net operations causing bottom disturbance in Primary Nursery Areas rule,
seconded by David Beresoff – motion passed unanimously.
Suspension of Rules
If the DMF director suspends any fisheries rules
by proclamation, the MFC must re-suspend those rules at the next meeting.
Motion
by Rusty Russ to resuspend the striped bass permit rules, seconded by David
Beresoff – motion passed unanimously.
DMF Central District Manager Mike Marshall updated the MFC on a U.S. Army Corps of Engineers Draft Environmental Impact Statement for introducing non-native, Suminoe oysters (Crassostrea ariakensis) in Chesapeake Bay. The full document can be downloaded at http://www.nao.usace.army.mil/OysterEIS/EIS/homepage.asp. The public comment period ends Dec. 15.
The states of Virginia and Maryland have proposed introducing non-native oysters capable of reproducing themselves, into the Chesapeake Bay.
About $12 million has been spent on researching the Suminoe oysters in Chesapeake Bay. Much, but not all, of the research is complete.
Rehabilitation of the native oyster
population has been limited due to Dermo (Perkinsus
marinus), a disease that sometimes kills
as much as 80 percent of the native crop.
The report found some possible positive consequences of introducing non-native oysters into the bay are that they are more tolerant to Dermo than the native oyster; they grow faster; they are tolerant to different salinities; and there has been success in introducing them into different environments.
Some possible negative consequences are they can be impacted by poor habitat availability and conditions; the introduction could cause inbreeding, which could result in a population collapse; they are not tolerant to low dissolved oxygen levels; they are not intertidal oysters; cross fertilization with native oysters could weaken both stocks; they could compete with native oysters for food; they are more susceptible to algal blooms and predation than the native oyster; they are more susceptible to a disease called Bonamia and to mud worms than the native oyster.
The DEIS looked at other alternatives, as well, including developing disease resistant native oysters or implementing a harvest moratorium.
The MFC decided to write a letter commenting on the DEIS, expressing concern that an introduction of non-native oysters into the Chesapeake Bay would likely result in an unwanted introduction in North Carolina waters. North Carolina has invested much time and money into a native oyster sanctuary program that is working and that would be at risk from a non-native introduction.
The Joint Legislative Commission on Seafood and Aquaculture met Oct. 27 and 28 at the N.C. Aquarium in Pine Knoll Shores. The commission visited the Neuse River oyster sanctuary and heard presentations on Resource Enhancement’s oyster programs.
North Carolina successfully debated five out of five issues that were on the table at the October meeting of the Atlantic States Marine Fisheries Commission.
Additionally, North Carolina submitted a request to the ASMFC asking for an increase in the commercial quota for striped bass.
The State Property Office has made its final offers on all of the approved Waterfront Access and Marine Industry Fund properties. Purchase of the Eddie O’Neal property, adjacent to Fishermen’s Wharf, goes before the Council of State for approval at its next meeting.
The MFC discussed issues surrounding the beach seine fishery for striped bass. So far, MFC has not required commercial striped bass fishermen to get a permit that forces them to declare the type of gear they use. However, DMF Director Daniel said he wondered if there was a way to use the permit to keep fishermen from abusing a provision that allows them to transfer their catch to another boat. The MFC suspended the permit requirement, as it has in the past, saying that any needed management measures could be implemented by proclamation.
DMF Director Daniel told the MFC that Virginia plans to allow North Carolina trawlers to offload 100 boxes of summer flounder at Virginia ports. This change will effectively double the trip limit for North Carolina fishermen, who could then steam back to North Carolina to offload here, thus save them fuel costs.
The MFC received the 2008 Semi-Annual Fish Dealer Report that showed during the first six months of the year, commercial landings were down about 45 percent from the previous 5-year average.
To view this report, go to:
http://www.ncdmf.net/download/statistics/JanJun08FishDealerReport.pdf
The entire sales report can be found at:
http://www.ncfisheries.net/CRFL/downloads/CRFLSalesReport10_31_08.pdf
DMF and Wildlife Resources Commission accepted their first out-of-house proposals for grants funded from the Coastal Recreational Fishing License. DMF received 19 applications ranging from proposals to provide fishing opportunities for underprivileged children to plans for river herring research and public boating access projects. Final recommendations will come before the MFC in January.
A new Coastal Recreational Fishing License will become available to the public January 1. The license costs $150 and will cover 10 people fishing for 10 days on a privately owned boat. The license carries specific documentation requirements.
DMF License and Statistics Section Chief Don Hesselman gave a presentation on electronic reporting of trip tickets. E-reporting of commercial landings has been an option for nearly 10 years now, and DMF supplies the software. But only about 8 percent of dealers report landings electronically.
DMF Resource Enhancement Section Chief Craig Hardy updated the MFC on public meeting comments on revising the state’s Artificial Reef Master Plan. DMF is updating the plan in response to a legislative bill, introduced this past spring by Rep. Bonner Stiller, R-Oak Island, that called for prohibiting all commercial fishing within 1,000-yards of artificial reefs off Brunswick County. Representative Stiller has since sent a letter to DMF seeking prohibition of commercial fishing gear on all artificial reefs.
From the public comments received, it appears conflicts between user groups on artificial reefs seem to be few and localized, Hardy said. There seemed to be more conflicts between anglers and divers than between recreational and commercial fishermen.
Those who spoke said they would prefer that DMF handle conflicts on a case-by-case basis rather than adopting generalized gear restrictions, Hardy said. Comments also included calls for more reef materials and a new waterproof artificial reef guide.
Hardy suggested bringing a draft revised plan to the MFC in January for input. DMF would finalize the plan in May 2009. Chairman Currin expressed concern that DMF was moving too fast, and that the regional advisory committees were confused about the plan, and thought more information would be brought back to them later.
The MFC agreed by consensus to
ask the DMF director to issue a proclamation prohibiting the use of gill nets
and trawl nets within 500 yards of the Yaupon Reef buoy, with a May sunset
date. This is meant as an interim measure, while DMF staff works to revise the
Artificial Reef Master Plan.
2009 Meeting Schedule:
Jan. 22 – 23 Marriott, Carolina Beach
May 28 – 29 Hilton, Kitty Hawk
Sept. 24 - 25 Clam Digger, Pine Knoll Shores
Dec. 3 – 4 Clarion,
Raleigh