THE MFC ADVISOR
Marine Fisheries
Commission Business Meeting
The Marine Fisheries Commission (MFC) and the Division of Marine Fisheries (DMF) 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. Agenda items are listed in bold type to assist in navigating the document. 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 December 2-3 at the Crystal Coast Resort, Atlantic Beach, North Carolina. The business meeting was called to order followed by an invocation. A roll call was conducted and the following members were in attendance: Jimmy Johnson – Chairman, Bryan Gillikin - Vice Chairman, Charlie Adams, Dr. B.J. Copeland, Mac Currin, Dr. Barbara Garrity-Blake, Rusty Russ, and Bradley Styron.
Motion:
Motion was made to APPROVE
THE MINUTES WITH CORRECTIONS FROM THE OCTOBER 12 MFC MEETING BY CHARLIE ADAMS,
SECONDED BY MAC CURRIN. MOTION PASSED WITHOUT DISSENT.
Comments during the public meeting on December 1st
and during the public comment period on December 2nd were made by:
Jonathan Robinson – Opposed the 14-inch size limit on flounder. Said effort had decreased, but landings have remained stable. He thinks the flounder population is healthy. He said current measures are working and social economic impacts should be considered.
John Hudnall- Opposed the 14-inch limit on flounder; most of his fish are medium sized; he said he could live with a limited closure.
Phillip Goodwin – Said he has pound netted since 1975. He said early in the season almost all the fish are large. He thinks reduction in size would reduce harvest more than 20%. He hoped for a December 15th closure. He would rather have a December 1st closure than a 14-inch size limit.
Eddie Willis- 36 years of experience in pound netting and doesn’t catch flounder until November. The proposed November closure will shut him down. He supports a December closure.
Thomas McArthur- He gill nets for flounder. He is opposed to a 5 ¾ inch limit on gill nets. He cited studies he did with NCSU that showed that a 5 ½ inch gill net culls to a flounder whose average size is 14.9 inches. He stated he saw little release mortality.
Etles Henries- He is against combining licenses to land flounder, saying that it would prevent competition.
Ed Cross- Spoke against combining licenses to land flounder. He said most people that want to combine licenses own big scallop boats. He also stated that the boats can catch 8,000 lbs in twenty-four hours and will cause the quota to be caught up more quickly.
Bernie McCants- Spoke about disappointments with the Flounder FMP. He said the 14-inch size limit would allow female flounder to spawn. He disagrees with the recreational closure.
Bill Mandulak- speaking for the CCA, he stated that the organization is working on aquaculture for southern flounder. The CCA supports the 8 fish and 14-inch size limit. North Carolina needs healthy flounder resources.
Jerry Schill– Speaking for the NCFA, he explained why Tilman Gray did not attend the November 15th MFC meeting, stating that the Governor had accepted his resignation. He expressed frustration about the Governor not appointing a replacement. He asked the MFC to remember that the flounder size limit had gone from 11 inches to 13 inches and mentioned that the DMF had said the 13 inches limit was sufficient to let flounder spawn.
The Chairman announced the 2005 meeting schedule (see last page)
Re-suspended Mallard Bay Primary Nursery - MOTION TO RE-SUSPEND PRIMARY NURSERY RULE (MALLARD BAY) BY RUSTY RUSS, SECONDED BY BGB. MOTION PASSED WITHOUT DISSENT.
The MFC has re-advertised for members to appoint to
Compliance Advisory Panel (CAP) for spiny dogfish. The CAP will advise the MFC as to whether they should remain in
compliance with the federal and ASMFC Spiny Dogfish FMP. The MFC advertised for advisors to serve on
the River Herring FMP Advisory Committee.
The Committee will assist the DMF with the preparation of the FMP. Preparation of the FMP will begin in early
2005.
The MFC will try to only have one rule cycle in 2005.
MFC Committee Reports
Habitat & Water Quality – [PASQUOTANK
COUNTY REVERSE OSMOSIS SCOPING:]
MOTION FOR THE MFC TO SEND A LETTER REGARDING RESEARCH NEEDED ON REVERSE
OSMOSIS PASSED UNANIMOUSLY.
MOTION TO
SEND LETTER ASKING FOR AN ESI ON THE PROJECT BY BJ COPELAND, SECONDED BY
CHARLIE ADAMS. MOTION PASSED WITHOUT
DISSENT.
CRC Variance for the Belville Boat Ramp – MOTION TO
APPEAL THE CRC VARIANCE RE: THE BELVILLE BOAT RAMP BY BRYAN GILLIKIN, SECONDED
BY CHARLIE ADAMS. MOTION WITHDRAWN.
PCS Permit Application – MOTION TO NOT OBJECT TO THE PERMIT
WITH REDUCTION BACK TO THREE 36” CULVERTS BY BJ COPELAND, SECONDED BY BRYAN
GILLIKIN. MOTION PASSED WITHOUT
DISSENT.
Compensatory Mitigation Policy – MOTION TO
AUTHORIZE DMF STAFF TO BEGIN THE PROCESS OF INCORPORATING COMPENSATORY
MITIGATION POLICY INTO MFC BYLAWS BY BARBARA GARRITY-BLAKE, SECONDED BY CHARLIE
ADAMS. MOTION PASSED WITHOUT DISSENT.
Compensatory Mitigation Workshops – MOTION THAT
MFC ENDORSE COMPENSATORY MITIGATION WORKSHOPS BY BJ COPELAND, SECONDED BY
BGB. MOTION PASSED WITHOUT DISSENT.
Mallard Bay
(Topsail Sound) Primary Nursery Area – MOTION TO REMOVE A SECTION OF
MALLARD BAY AS A PRIMARY NURSERY AREA AND DO NOTIFICATION OF RULEMAKING TEXT BY
BJ COPELAND, SECONDED BY BARBARA GARRITY BLAKE. MOTION PASSED WITHOUT DISSENT.
Letter To NMFS Regarding Bluefin Tuna– MOTION BY
MAC CURRIN TO SEND LETTER TO DR. HOGARTH REGARDING BLUEFIN TUNA SEASON IN NC,
SECONDED BY BRYAN GILLIKIN. MOTION
PASSED WITHOUT DISSENT.
Shark Management - AGREED BY CONSENSUS TO
SEND A LETTER SUPPORTING A PETITION BY DMF TO OBTAIN SHARK OBSERVATION DATA
FROM NMFS
Southeast Committee WRC Boat Ramps - Agreed by consensus to not send a letter to the WRC
regarding sanitary conditions at boat ramps in southeastern NC.
Shrimp FMP Committee – Discussed
channel net management issues, finfish bycatch, shrimp management by count, and
closing areas to trawling as part of the Draft
Shrimp FMP.
Sea Turtle Bycatch Committee – Received
a report from the NMFS on their study characterizing NC’s fisheries with regard
to interactions with sea turtles.
Striped Mullet FMP Committee – Received
the stock assessment, which indicated that overfishing is not occurring;
spawning biomass is very close to threshold levels for sustainability, the
population has a weak age structure, and future sustainability is an issue.
Central and Inland Committees – Discussed
a proposed amendment to the Oyster FMP to restrict dredge weights in the bays
of western Pamlico Sound.
[Atlantic Sturgeon Aquaculture Request] – The MFC received a presentation from the LaPaz Group on a proposal to grow Atlantic Sturgeon for aquaculture purposes. The group asked the MFC to take action to allow them to possess sturgeon, which is prohibited by rule.
MOTION BY
BJ COPELAND THAT THE MFC MAKES A DECLARATORY RULING THAT 3M.0508 PROHIBITING
THE POSSESSION OF ATLANTIC STURGEON DOES NOT APPLY TO THE OPERATIONS OF THE LA
PAZ CORPORATION PROPOSAL AS PRESENTED IN THEIR REQUEST FOR A DECLARATORY RULING
ON DEC. 2, 2004. SECONDED BY BRYAN
GILLIKIN. MOTION PASSED WITHOUT
DISSENT.
Coastal
Habitat Protection Plan (CHPP Approval) - MOTION BY CHARLIE ADAMS TO APPROVE THE CHPP WITH CHANGES
INDICATED TODAY. SECONDED BY BJ
COPELAND. MOTION PASSED WITHOUT
DISSENT, (NEWS RELEASE WAS ISSUE ON THIS ACTION).
Identify,
Designate and Protect Strategic Fisheries and Habitat - MOTION TO
BEGIN TO ADDRESS AN IMPLEMENTATION PLAN FOR GOAL #2 OF THE CHPP BY BJ COPELAND,
SECONDED BY BGB. MOTION PASSED WITHOUT
DISSENT.
Draft Southern Flounder FMP – The MFC
discussed what management options were appropriate to the draft Southern
Flounder FMP. The draft FMP will be
sent to the Secretary of DENR to forward to the Joint Legislative Commission on
Seafood and Aquaculture for review.
- MOTION BY
BJ COPELAND TO RESCIND HIS MOTION REGARDING SOUTHERN FLOUNDER FMP FROM THE OCT
13 MEETING, SECONDED BY BRYAN GILLIKIN.
MOTION PASSED 6-1.
- MOTION BY BJ
COPELAND TO ENDORSE AS PREFERRED MANAGEMENT OPTIONS IN THE SOUTHERN FLOUNDER
FMP: 5 1/2 INCH STRETCHED MESH GILL
NET; 5 1/2 INCH STRETCHED MESH ESCAPE PANEL IN POUND NETS; 1000 YD DISTANCE
BETWEEN NEW AND EXISTING POUND NETS; 200 YD DISTANCE BETWEEN GILL NETS AND
POUND NETS (EXCEPT FROM AUG 25-DEC 1, A 500 YD DISTANCE BETWEEN GILL NETS AND
POUND NETS IN ALBEMARLE SOUND); A COMMERCIAL FISHING SEASON CLOSURE FROM DEC 1
- 31; AN 8 FISH BAG LIMIT FOR REC HARVEST; A 14-INCH SIZE LIMIT FOR
COMMERCIALLY AND RECREATIONALLY HARVESTED FLOUNDER; 3000 YARD LIMIT ON GILL
NETS, AND REVISIT THE STOCK STATUS IN 3 YEARS.
SECONDED BY BGB. MOTION CARRIED
4 TO 3 (NEWS RELEASE WAS ISSUED ON THIS ACTION).
- MOTION TO
SEND REVISED SOUTHERN FLOUNDER FMP TO THE SECRETARY OF DENR BY BJ COPELAND,
SECONDED BY BGB. MOTION PASSED WITHOUT
DISSENT.
Implement Provisional Measures - MOTION BY
MAC CURRIN TO IMPLEMENT PROVISIONAL MEASURES FOR THE DRAFT SOUTHERN FLOUNDER
FMP ON THE RECREATIONAL AND COMMERCIAL SIZE LIMITS, RECREATIONAL CREEL LIMIT, 5
1/2 INCH ESCAPE PANELS ON ALL FLOUNDER POUND NETS BY JAN 1, 2005. SECONDED BY CHARLIE ADAMS. MOTION PASSED
6-1.
- MAC CURRIN MADE MOTION TO RESCIND DRAFT SOUTHERN
FLOUNDER FMP PROVISIONAL MEASURES MOTION. SECONDED BY CHARLIE ADAMS. MOTION PASSED WITHOUT DISSENT.
Conflict
Mediation – The MFC discussed a resolution asking for
funding support for a pilot conflict mediation program.
MOTION BY BARBARA GARRITY-BLAKE TO
ADOPT MEDIATION RESOLUTION AND SEND TO APPROPRIATE PARTIES. SECONDED BY BRADLEY STYRON. MOTION PASSED WITHOUT DISSENT.
Blue Crab FMP – The MFC did not receive any
substantial comments from the Joint Legislation Commission on Seafood and
Aquaculture. The Blue Crab FMP was
before the MFC for final adoption.
- MOTION BY
BRYAN GILLIKIN TO APPROVE THE BLUE CRAB FMP WITH 2-YEAR TRIGGER TO IMPLEMENT
SPAWNING STOCK CONSERVATION MEASURES.
SECONDED BY BJ COPELAND. MOTION
PASSED WITHOUT DISSENT (NEWS RELEASE WAS ISSUED ON THIS ACTION).
- MOTION BY BRYAN GILLIKIN, SECONDED BY BJ COPELAND TO
PUBLISH NOTIFICATION OF TEXT ON PROPOSED BLUE CRAB FMP RULES. MOTION PASSED WITHOUT DISSENT.
License to Land Flounder - The MFC had received a request that people be allowed to combine licenses to land flounder and land multiple harvest limits on a single vessel. The license is necessary to target summer flounder by trawls in the Atlantic Ocean during winter. The MFC denied the request due to concerns about the quota being taken quickly, and potential economic and social impacts. (BJ Copeland made a motion that the MFC take no further action on the license to land flounder multiple license requests. Seconded by Bryan Gillikin. Motion passed without dissent).
Rules:
American Lobster Size Limit Rule - MOTION TO
PUBLISH NOTICE OF TEXT ON PROPOSED AMERICAN LOBSTER RULE (BRINGS STATE IN
COMPLIANCE WITH ASMFC LOBSTER FMP) BY BRYAN GILLIKIN, SECONDED BY CHARLIE
ADAMS. MOTION PASSED WITHOUT DISSENT.
Proposed Striped Bass Joint Rule - MOTION TO
PUBLISH NOTIFICATION OF TEXT ON PROPOSED STRIPED BASS RULE (CLARIFIES BAG
LIMITS) BY BRYAN GILLIKIN, SECONDED BY MAC CURRIN. MOTION PASSED WITHOUT DISSENT.
Menhaden Fishing in Southeastern NC – The MFC received a letter from the Town of Ocean Isle Beach and the Southport Chamber of Commerce asking them to prohibit menhaden fishing off Brunswick County.
- MOTION BY BJ COPELAND TO HANDLE OCEAN ISLE AND
SOUTHPORT SITUATIONS (NO ACTION AT THIS TIME IN SAME MANNER AS THE CASWELL
BEACH SITUATION.) SECONDED BY BGB.
MOTION PASSED WITHOUT DISSENT.
Director’s Report:
The MFC received updates on legislative activities on the saltwater license and ASMFC activities. Preston Pate has been chosen to serve as the ASMFC Chairman.
Updates were also given on striped bass management activities and non-native oysters. Testing has been ended on non-native oysters. UNC is working a report. Virginia and Maryland want to introduce reproducing non-native oysters into Chesapeake Bay in 2005.
North Carolina will host the annual ASMFC Meeting in 2007.
2005 MFC Meeting Schedule
· February 3-4 - Wilmington – Shell Island
· April 21-22 - Northeastern North Carolina
· June 28-29 - Raleigh – Clarion Downtown
· August 30-31 – Atlantic Beach – Ramada
· November 17-18 - Ocracoke – Community Center Island Inn