THE MFC ADVISOR

 

Marine Fisheries Commission Business Meeting

Kill Devil Hills, North Carolina

December 4 – 5, 2001

 

 

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.

 

MEETING SUMMARY, MOTIONS AND RULEMAKING

The Marine Fisheries Commission held a business meeting on Dec. 4 – 5 at the Ramada Inn in Kill Devil Hills, North Carolina.  The meeting opened with an invocation and roll call.  Members in attendance:  Jimmy Johnson, Chairman; Norm Bradford, Mac Currin, Rusty Russ, Dr. B.J. Copeland, Bryan Gillikin, Tilman Gray, Bradley Styron and Dr. Barbara Garrity-Blake .

 

Two new members of the MFC were welcomed, Tilman Gray and Bradley Styron.  They replaced Robert Southerland and Willie Phillips.

 

Motion:

A motion was made to accept the minutes from the last meeting with minor modifications – motion passed.

 

Public Comment Period:

 

Jerry Schill – North Carolina Fisheries Association Executive Director, welcomed new MFC members and formally introduced the NCFA’s new communications director, Bill Hitchcock.  Good comment on Red Drum FMP last night during public hearing.

 

Murray Fulcher – spoke about definitions and how they apply to fishing gear. He felt the gill net and seine definitions are confusing.

 

Riley Williams -  spoke about the price of fish down and how that was impacting fishermen. He requested that the opening of herring and shad season be announced as soon as possible so fishermen can make plans for the season.

 

Bill Foster –  spoke about the spawning potential ratio for red drum and the permanent rules put into effect for the Red Drum Fishery Management Plan.

 

Issues from Commission Member

Commissioners asked the DMF to develop a plan on how to handle take reduction efforts that could be implemented by the National Marine Fisheries Service to protect bottlenosed dolphins.

 

Chairman’s Report

The following advisors were appointed to the Striped Bass FMP committee:

Ed Robinson, Junior Fulford, David Daniel and Jim Dupree  - Tar Pamlico/ Pungo area;

Kelly Hooker, Ed McGovern, Nick Blackerby, and Buzz Bryson  - Neuse area;

Mike Morgan and Robert Merritt  - Cape Fear area;

Bill Dean and Wesley Patrick as scientist  - Tar-Pamlico/ Neuse/ Cape Fear areas;

Terry Pratt, Duke Spencer, Riley Williams, David Claspell, Lee Briley, Dale Mitchell, Chuck Laughinghouse, William Blackwell and Jerry Allen – Albemarle/Roanoke area; and

Roger Rulifson and Jeff Buckel as scientists – Albemarle/Roanoke area

 

The following advisors were appointed to the Core Sound Stakeholder Committee:  Bill Cox, Donna Melanni, Bob Austin, Bradley Styron, Mark Hooper, John Hudnell, Paul Dunn , Johnny Gray Irvin Hooper and Glen Montgomery.

 

Howard Gaskill resigned from the Finfish Committee and Buddy Rudd resigned  from the Habitat and Water Quality Committee.

 

MFC terms extended by Governor Easley:

Barbara Garrity-Blake until June 30, 2003

Norm Bradford until June 30, 2004

Jimmy Johnson until June 30, 2002

 

Dates for the upcoming round of public hearings was discussed. 

 

 

Reports were given on all the various MFC Advisory and FMP committee activities.

 

Motions:

Motion was made to ask the DMF to draft language for possible rules for harvest of stone crab for future consideration – motion passed

 

Motion was made to send a letter regarding Money Island to the Division of Coastal Management stating that the project will need to be modified to meet conditions of the permit  – motion passed.

  

Mid-Atlantic Fishery Management Council Nominations

Motion:

Motion was made to submit the names of  Jimmy Rhule, Henry Daniels, and Joey Daniels  to Governor Easley to fill North Carolina’s obligatory seat on the Mid-Atlantic Fishery Management Council, with Jimmy Rhule being the preferred candidate – motion passed.

 

 

RULEMAKING

Permanent Rules:


                                   

Motion was made to adopt as permanent rule gill net attendance lines for the Red Drum FMP Rules - 15A NCAC 3J.0103  – motion passed.

 


Motion was made to adopt as permanent rule a modification to the Mutilated Finfish Rule - 15A NCAC 3M.0101, which allows fishermen to have no more than two blueback herring, alewife or hickory shad cut up for bait purposes at one time – motion passed.

 

Motion was made to adopt as permanent rule a modification to the Red Drum FMP Rules - 15A NCAC 3M.0501, to grant proclamation authority to the DMF director to set the quantity and size of red drum that can be taken by commercial and recreational fishermen to allow the management agency to be able to respond quickly to changes in the fishery – motion passed.


 

Motion was made to adopt as permanent rule a modification to the King and Spanish Mackerel Rules - 15A NCAC 3M.0301, to grant proclamation authority to the DMF director for Spanish and king mackerel, making it unlawful to catch no more than 3 king mackerel per person per day by hook and line for fishermen without a federal permit, and allowing no more than 3 king mackerel per person per day to be harvested by a commercial operation other than by hook and line without a federal permit, and making it unlawful to use gill nets to take more than 3 king mackerel per person south of Cape Lookout.

 

Motion was made to adopt as permanent rule modifications to the License Renewal Rules - 15A NCAC 3O.0101, so that fishermen do not have to notarize license renewals and other requirements for renewals – motion passed unanimously.



 

Temporary Rules


Motion was made to amend the Black Sea Bass Minimum Size Limit - 15A NCAC 3M.0506, to give the DMF director proclamation authority over black sea bass north of Cape Hatteras and keeping the size and bag limit for black sea bass south of Cape Hatteras at 10 inches and 20 fish per day – motion passed unanimously.

 


Motion was made to amend the Lease Cancellation Criteria and Procedures - 15A NCAC 3O.0208, to correct a regulatory reference for lease cancellations – motion passed unanimously.


                       

Subject Matter Notification (potential rule changes the MFC is considering)

Motion was made to approve subject matter notice on flounder size limits, rock shrimp, Marine Protected Areas, snapper/grouper, red porgy, Oyster and Clam FMPs, and stone crabs.

 

 

Fishery Resource Grant Presentation

A presentation was given on Small Mesh Gill Net Study in Currituck Sound by Dr. Roger Rulifson, Blake Price, and Gage Williams.

 

DMF Director Pres Pate reviewed the following topics during the Director’s Report:

 

Pamlico Sound Gill Net Fishery – The director explained the parameters of Section 10 permit we received from the National Marine Fisheries Service. The deep-water areas of the sound were closed to large mesh gill nets. Limited use of large mesh gill nets was allowed in the shallow-water areas behind Hatteras, Ocracok and Portsmouth islands. During the season an area from Oregon Inlet to Rodanthe closed because of turtle interactions in the shallow-water areas and as a result there were no more observed interactions.  More fishermen applied for permits than actually fished.  Restrictions cease on Dec. 15. 

 

Rule Suspension for Commercial Minimum Size Limit for King Mackerel – earlier this year, the DMF director changed the commercial limit from 20 inches to 24 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 permanent rule change becomes effective.

 

Motion:

Motion was made to resuspend the rule and continue the commercial size limit for king mackerel at 24 inches – motion passed unanimously.

 

Striped Bass –  The DMF held public meetings to get input on seasons, and most fishermen wanted as many days and fish as possible.  The Albemarle Sound Management Area recreational season opened on Oct. 17 with a 112,500 quota, with a four day a week season with two fish per day.  The quota was exceeded and the season ended Nov. 25.   

 

The harvest quota for the ASMA for 2002 will be split  with 112,500 lbs. allowed to be harvested by recreational fishermen in the Roanoke/WRC waters;  112,500 lbs. allowed to the harvested recreationally in the ASMA; and  225,000 lbs. to be harvested commercially in the ASMA.

 

Atlantic Beach Gill Net Proclamation – The proclamation was issued setting up gill net restrictions around fishing piers in Atlantic Beach. Things seem to be going well so far and there have been no reports of conflict. 

 

Summer flounder Rule Suspension/Recreational Size Limit – earlier this year the DMF director changed the recreational limit to 15 ½ inches and implemented a closed season by proclamation.  The rule needs to suspended at each subsequent MFC meeting.

 

Motion:

Motion was made to suspend the 15 inch size limit for summer flounder that is in rule – motion passed.

 

Legislative Update – The only fisheries items the General Assembly has undertaken this session were the changes in the terms of the MFC members, a change in the review of FMPs from 3 to 5 years, and the Environmental Review Commission no longer has to review FMPs. 

 

Budget – The DMF has had to revert 4 percent of our budget, primarily from operating and equipment costs.  Still restricted on filling positions.  

 

Updates were given of the activities of the following groups:

Marine Patrol Report

Atlantic States Marine Fisheries Commission

Mid-Atlantic Fishery Management Council

South Atlantic Fishery Management Council

Highly Migratory Species

 

Former MFC member, Willy Phillips, talked briefly to the commission about his experiences on the panel.  He thanked the MFC and the DMF staff for their hard work.

 

Striped Bass FMP Update – Sara Winslow gave an update on plan development.  The first advisory committee meetings are scheduled. 

 

A presentation was given on the Trip Ticket and MRFSS programs by Dee Lupton.

 

A discussion was held about the Wild and Scenic river designation for the White Oak River, and whether this proposed designation will impact recreational and commercial fishing practices.

 

Motion:

Motion was made to wait and see what the reaction from Jones County was before taking any further actions – motion passed unanimously.

 

Meeting Adjourned

 

2002 Meeting Schedule:

 

Feb. 7 & 8 – Wilmington

April 23 & 24 – Williamston

June 27 & 29 – Edenton/Chowan County

Aug. 20 & 21 – Inland

Oct. 3 & 4 – Morehead City

Dec. 10 & 11 – Dare County