Marine Fisheries Commission Business Meeting
Kill Devil Hills, North Carolina
December 9, 10 & 11, 2002
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.
The Marine Fisheries Commission held a business meeting on December 9, 10 &11 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 and roll call. Members in attendance: Jimmy Johnson, Chairman; Bryan Gillikin, Vice Chairman; Norm Bradford; Dr. B.J. Copeland; Mac Currin; Dr. Barbara Garrity-Blake; Tilman Gray, Rusty Russ and Bradley Styron.
Motion:
Motion was made to accept the minutes from the last meeting – motion passed unanimously.
No one spoke during the Public Comment Period.
Issues from MFC Members
Barbara Garrity-Blake discussed the need for a public forum to review progress in implementing the 1997 Fisheries Reform Act.
Norm Bradford expressed concern about the commercial limit of 7 fish per day for the red drum bycatch fishery. He wanted to know if the commission could look at options to increase the daily landing limit since fishermen had only landed 63,000 pounds of the 250,000-pound annual cap in 2001/2002. Fishermen claim the lower landings are the result of increased gill net restrictions in the Pamlico Sound during the fall to protect sea turtles. Chairman Johnson referred the issue to the Finfish Committee for review and asked the commission’s counsel to review the Atlantic States Marine Fisheries Commission’s Red Drum Fishery Management Plan for flexibility in the approved management measures.
Bradford also discussed asking the General Assembly for authority to allow the DMF director to have the ability to immediately close a fishery managed under a quota, rather than having to give 48 hours closure notice. He referred to the commercial ocean striped bass quota and how beach seine crews caught their quota in one day, yet the season remained open for three days, due to the 48-hour closure notice requirement.
Mac Currin asked for an update on the federal aid process at the next MFC meeting.
Division of Marine Fisheries Director’s Report:
Budget – The division recently had to submit a plan to the Department of Environment and Natural Resources to revert 3.5 percent of this year’s funding to meet the anticipated budget shortfall. There is the possibility that more will have to be reverted, so the division is being very conservative with spending.
Striped Bass – The division met with fishermen to discuss the commercial ocean fishery for striped bass and how to effectively manage the quota of 330,000 pounds between the beach seine, gill net and trawl user groups. Division staff advocated running the seasons concurrently so that each group would have the opportunity to harvest fish, rather than have staggered seasons for each gear type. The consensus from the group was that the season should be the same as last year’s, giving each group 100,000 pounds and starting out with the beach seine season, allowing a limit of 50 fish per crew per day.
The first day of the season, which was Dec. 2, approximately 167,000 pounds of striped bass was landed. A proclamation was immediately issued closing the season; however, 48 hours notice had to be given, so by the time the division was able to close the season on Dec. 4, the beach seiners had harvested 234,844 pounds, taking their allocation, along with the gill net allocation and the 30,000-pound buffer. There is still approximately 100,000 pounds of striped bass quota left for the ocean trawl fishery.
An update was given on the inshore fisheries. The Atlantic States Marine Fisheries Commission (ASMFC) approved a 100,000-pound increase in the quota for striped bass in the Albemarle Sound Management Area (ASMA), to be split between the recreational and commercial sectors, beginning in 2003, that had been requested by the MFC and Wildlife Resources Commission.
In the ASMA the recreational season opened Nov. 16. So far, 25,000 pounds have been harvested, with the majority of fish landed in the Manns Harbor area. There are 44,000 pounds left in the ASMA recreational quota, which should last through the end of the year. Next year, there will be a 25,000-pound increase in the recreational quota in this area, and an additional 25,000 pounds for the inland recreational season.
The commercial season opened in the ASMA on Nov. 4 and 51,000 pounds have been harvested so far. The season is scheduled to close Dec. 20. There will also be a 50,000-pound increase in 2003 for the commercial quota in the ASMA.
Legislative Update - There are several fisheries issues that will be presented to the General Assembly for the upcoming session, including the Oyster and Clam Fishery Management Plan recommendations, shellfish lease program recommendations and the violation point system. It is not certain if the Joint Legislative Study Commission on Seafood and Aquaculture will meet prior to the opening of the legislative session.
Atlantic States Marine Fisheries Commission – An update was given on recent ASMFC activities. The panel approved a 100,000-pound increase in the quota for striped bass in the Albemarle Sound Management Area, to be split between the recreational and commercial sectors, beginning in 2003. The Weakfish Board adopted Amendment 4, which will allow North Carolina to have a recreational harvest limit of 7 weakfish per day at 12 inches. The board also approved an increase in the commercial bycatch provision from 150 pounds to 300 pounds to 500 pounds of legal-sized weakfish, and established a 300-fish tolerance for undersized fish. The Spiny Dogfish Plan was approved, with a 4 million pound quota, however, the plan failed to address the issue of Massachusetts taking the majority of the quota in state waters, after the EEZ closed. It appears the ASMFC will have to consider implementing a daily harvest limit of 300 pounds in this fishery. Additionally, it was announced that DMF Director Pre Pate was elected vice chair of the ASMFC.
Ocracoke Lawsuit – The lawsuit, that had been brought against the DMF and the MFC by a group of fishermen from Ocracoke over gillnet restrictions in the Pamlico Sound to protect sea turtles, has been dismissed by the plaintiffs.
Commercial Ocean Founder Season – The flounder have been scattered, making them harder to catch. The quota for the fall season, which opened Nov. 1, is 1.2 million pounds. So far, fishermen have only landed 550,000 pounds. There is the possibility that North Carolina may not be able all of the quota this year.
Flounder Size Limit in Internal Waters Rules Suspension – The DMF increased the internal size limit for flounder in most areas 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. It appears that action worked and North Carolina will not exceed the allotment and a late season closure this year will not be needed. 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 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.
Summer Flounder Rule Suspension/Recreational Size Limit – The DMF director changed the recreational size limit of flounder in the Atlantic Ocean from 15 inches to 15.5 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 rule is implemented.
Motion:
Motion was made to resuspend the recreational flounder size limit rule in the Atlantic Ocean and continue the increased size limit – motion passed unanimously.
Mullet FMP Update – MFC members were updated on the progress in developing the Striped Mullet Fishery Management Plan. Sampling work is being done to characterize the cast net/bait fishery. Notice has gone out to solicit interested individuals for the advisory panel.
CHPP Update – MFC members were updated about the progress of Coastal Habitat Protection Plan development. Mike Street will begin briefing MFC members on portions of the plan at the January meeting.
The MFC agreed to send a letter for the National Marine Fsiheries Service, supporting the DMF’s petition for rulemaking regarding a subquota allocation of 110 metric tons of bluefin tuna in Dec. – Jan.
Updates were given of the activities of the following groups:
Motion:
Motion was made to postpone the election of vice chairman until the new MFC members were appointed (Chairman Johnson and Dr. Copeland’s terms expired last June and the Governor has not yet appointed new members). – motion passed unanimously.
Committee Appointments
Durwood Eborn has been
appointed to the Striped Bass Fishery Management Plan advisory panel for the
central and southern portions of the coast.
January Meeting Location
Staff is still working on a meeting location for the January meeting, but it will be in the central part of the coast, possibly in New Bern, Washington or Williamston.
MFC/WRC Joint Meeting – Representatives from both the Wildlife Resources Commission and the MFC met to discuss striped bass and agreed to support a 100,000-pound increase in the ASMA quota.
WRC Public Hearings - The WRC is proposing several rule changes of interest to the MFC in internal waters; including, a creel limit on crabs of 50 per individual per day/100 per vessel per day, a possession limit of 25 herring no smaller than 6 inches per day, and allowing a gill net fishery in Town Creek in Brunswick County for herring. The MFC must decide if it wants to comment on these issues. The MFC asked their advisory committees to comment.
Reports were given on all the various MFC and FMP committee activities. Following are action items or motions resulting from these reports:
At its next meeting, the Finfish Committee will discuss the commercial red drum bycatch fishery and options to increase the daily landing limit since fishermen have only landed approximately 63,000 pounds of the 250,000-pound annual cap in 2001/2002. The committee will also discuss the commercial striped bass ocean season and look for more viable and equitable ways to manage this fishery.
The Shellfish Committee recommended that a shellfish certification should be a prerequisite for obtaining a Shellfish Dealers License. The certification assures sanitation practices are applied throughout the processing operation and that shellfish are properly tagged.
Motion:
Motion was made to ask the DMF to draft language for a rule that would require shellfish dealers to have certification prior to obtaining a shellfish dealers license – motion passed unanimously.
The Water Quality and Habitat Committee discussed a permit for the Bailey Marina in the Industrial Seafood Park in Wanchese. The committee recommended the MFC send a letter to the Department of Environment and Natural Resources objecting to the permit due to concerns over the impact the development would have on existing shellfish in the area.
Motion:
Motion was made to send a letter to the Department of Environment and Natural Resources regarding the Bailey Marina project – motion passed unanimously.
The Water Quality and Habitat Committee also discussed their concerns about a project that Weyerhaeuser suspended at the Roanoke River facility, which would have enhanced their existing water intake system and provided more protection for fish in the area. The committee recommended convening a task force to discuss this project in more detail.
Motion:
Motion was made to send a letter to the Department of Environment and Natural Resources Secretary Bill Ross, asking him to convene a working task force to look at Weyerhaeuser’s water intake system at the Roanoke River facility – motion passed unanimously.
The Northeast Committee asked the MFC to send a letter to the Mid and South Atlantic Fishery Management Councils to remove the size limit for black sea bass and Spanish mackerel to reduce discard mortality, because once these fish a caught, they generally die. The MFC decided to send this issue to the Finfish Committee for further discussion.
Mid and South Atlantic Fisheries Management Council Nominations
The MFC’s Nominating
Committee met and recommended the following candidate for the South Atlantic
Council:
Wayne Lee– Priority
Candidate
Bryan Gillikin
Tyler Stone
The MFC’s Nominating
Committee met and recommended the following candidate for the Mid-Atlantic
Council:
Dennis Spitsbergen –
Priority Candidate
Rom Whittaker
Frank Folb
Motions:
Motion was made to submit names of Wayne Lee, Bryan Gillikin and Tyler Stone to Governor Mike Easley for appointment to the South Atlantic Fishery Management Council, with Wayne Lee as the priority candidate – motion passed unanimously.
Motion was made to submit names of Dennis Spitsburgen, Rom Whittaker and Frank Folb to Governor Mike Easley for appointment to the Mid-Atlantic Fishery Management Council, with Dennis Spitsbergen as the priority candidate – motion passed unanimously.
Subject Matter Notification (potential rule changes the MFC is considering)
Motion:
Motion was made to send out subject matter notification on Blue Crab FMP, Pot and Southern Flounder FMP rules – motion passed unanimously.
The MFC agreed to hold public meetings March – July on pending rules, with the final vote in August, which would make the rules effective in August 2004.
The number of pound net applications has been on the rise, which impacts the stock of southern flounder and leads to increased user conflicts. All of the MFC’s regional committees and the Finfish Committee reviewed the proposed requirement of a 1000-yard minimum distance between new pound net sets, and all committees, except the Southeast, supported the proposal. The Southeast made no formal recommendation.
Motion:
Motion was made to endorse a 1000-yard distance between pound nets – motion passed.
Earlier this year, a stakeholder committee developed a set of proposals to improve the existing shellfish lease program in Core Sound. The MFC felt the proposals could be applied to the lease program on a statewide basis and referred the recommendations to all of its regional committees, along with the Shellfish Committee, for review and comment. The committees recommended all but one of the recommendation be implemented statewide and modified two of the recommendations. The package approved by the MFC will be forwarded to the General Assembly for consideration.
Motions:
Motion was made to change the current MFC rules specifying a three-year running shellfish production average to a give-year average and change the statutory provision for a ten-year lease term to a five-year lease term for shellfish – motion passed unanimously.
Motion was made to create statutory provision and provide for implementing rules that allow shellfish leases that would be terminated be made available to a member of a current pool of applicants by a random selection process – motion passed unanimously.
Motion was made to continue/increase the current Marine Fisheries policy for enforcement of shellfish lease marking requirements – motion passed unanimously.
Motion was made to establish educational requirements by statute and require first-time applicants complete the requirements before they are eligible to hold a lease. Leaseholders in compliance would be exempt from this requirement – motion passed unanimously.
Motion was made to limit acreage per shellfish lease application to 5 acres with no opportunity to justify additional acreage except where mechanical harvest of oysters is allowed, and then up to 10 acres can be leased – motion passed unanimously.
Motion made to require leaseholders holding at lease 5 acres of shellfish bottom to meet shellfish lease production requirements before accepting applications for any additional lease acreage – motion passed unanimously.
Motion made to requirement markers for shellfish lease boundaries to be recorded in latitude and longitude along with standard survey metes and bounds locations – motion passed unanimously.
Motion was made to give the Marine Fisheries Commission authority to establish regional caps on total shellfish lease acreage – motion passed unanimously.
Motion was made to have the Division of Marine Fisheries conduct educational efforts on the Shellfish lease Program – motion passed unanimously.
Motion was made to rewrite statutory provision limiting the amount of shellfish acreage that can be held by an individual to include acreage held by corporations where the individual is a member, or any combination of corporate or family holdings. Statutory changes discouraging corporations from holding shellfish leases is also recommended. The Marine Fisheries Commission also needs authority to require information on individual interest in corporations – motion passed unanimously.
Over the last few years, there has been a great deal of discussion over shellfish leases in western Core Sound. There is an existing moratorium on leases placed by the General Assembly, which will be lifted this July. Residents along Core Sound are asking for a permanent prohibition of additional shellfish leases in the sound. Currently, there are 101 acres of leased bottom in western Core Sound, out of 35,000 acres. The General Assembly has asked the MFC to make a recommendation on the Core Sound leases. The MFC debated the issue at length with several motions being offered and failing, including the motion to cap the leased acreage in Core Sound to 1 percent of the waterbody and a motion to limit the leases to the current level of 101 acres. Finally, a motion passed that stated the MFC would cap shellfish leases in western Core Sound at 150 acres in given that authority by the General Assembly – the vote was tied 4-4. The chairman broke the tie and the motion passed 5 to 4.
Motion:
Motion was made that if the Marine Fisheries Commission is given authority to establish caps on shellfish leases by the General Assembly, then western Core Sound would be capped at 150 acres – motion passed.
(Note: Failed motions are not listed)
The Violation Point System, which was mandated by the 1997 Fisheries Reform Act to create a deterrent for fisheries violations, has been reviewed by all of the MFC’s regional and standing committees, and approved by the MFC. It now needs to go to the General Assembly for consideration.
Motion:
Motion was made to take the Violation Point System to the General Assembly in the 2003 session – motion passed unanimously.
On Wednesday, December 11, the MFC attended the Mid-Atlantic Fishery Management Council’s meeting in Duck, N.C., where they discussed summer flounder management.
MFC Meetings for 2003:
January 30-31, 2003 Central Area
March 25-26, 2003 Greenville
May 22-23, 2003 Southeast Area
July 24-25, 2003 Inland Area
October 2-3, 2003 Morehead City
November 18-19, 2003 Northeast
Area