THE MFC ADVISOR
Marine Fisheries
Commission Business Meeting
Greenville, North
Carolina
March 27 - 28,
2003
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 re 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 March 27 – 28 at the Pitt County Agricultural Center in Greenville, North Carolina. The meeting was called to order followed by an invocation, during which a moment of silence was observed to pay tribute to Wayne Lee, who passed away earlier that morning. Wayne was a Dare County resident, vice chairman of the South Atlantic Fishery Management Council, and an advisor on the Marine Fisheries Commission’s Finfish Committee. A roll call was conducted and the following members were in attendance: Jimmy Johnson, Chairman; Bryan Gillikin, Vice Chairman; Dr. B.J. Copeland; Mac Currin; Dr. Barbara Garrity-Blake; Tilman Gray, Rusty Russ and Bradley Styron. Norm Bradford was excused from the meeting.
It was announced that Governor Mike Easley had reappointed Chairman Johnson, along with Drs. Copeland and Garrity-Blake to the commission.
Motion:
Motion was made to accept the minutes from the last meeting – motion passed unanimously.
There were two speakers during the Public Comment Period.
George-Ann Peal, an attorney representing residents of Spooner’s Creek, presented a petition for rulemaking to prohibit gill netting in Spooner’s Creek, which his located along Bogue Sound in Carteret County. Peal indicated that although gill netting at night had been prohibited in the area, residents were reporting fishermen trespassing on private property, blocking off the entire waterway with nets and greatly decreasing the number of fish in the creek. The petition was referred to the Finfish and Central advisory committees for review.
Jerry Schill, Executive Director of the North Carolina Fisheries Association, updated the MFC about efforts of the Southern Shrimp Alliance to obtain trade relief and deal with anti-dumping issues for imported shrimp. Schill also discussed dogfish management and wants the Atlantic States Marine Fisheries Commission put on notice that North Carolina wants some dogfish also and that Tar Heel fishermen plan on fishing for dogfish on Jan. 1, 2004. He encouraged the MFC to support this stance. Then Schill talked about a bill that was going to be introduced by Rep. Bonner Stiller to ban trawling in New Hanover and Brunswick counties. Schill said he had advised Rep. Stiller he was circumventing the authorization and purpose of the Marine Fisheries Commission and the Joint Legislative Study Commission on Seafood and Aquaculture by taking this issue directly to the General Assembly. Schill then concluded his remarks by remembering Wayne Lee and his contribution to fisheries management in North Carolina.
Numerous people spoke at the public meeting on March 26 – contact Jess Hawkins at 252-726-7021 or 800-682-2632 if you would like the minutes of that meeting.
Vice Chairman Gillikin requested the MFC send a resolution to Wayne Lee’s family acknowledging Lee’s outstanding dedication and commitment to properly managing fisheries resources in North Carolina and the East Coast.
Chairman’s Report:
The following individuals were appointed to advisory committees:
A petition was received from fishermen asking the MFC to address problems with science used in the latest stock assessment for dogfish. The petition was referred to the Finfish Committee for further discussion.
A letter was received from John Waters of Hampstead to protect shallow-water oyster rocks by only allowing hand harvest with a culling tool. The request was referred to the Shellfish Committee for review.
Chairman Johnson asked the MFC’s Nominating Committee to come up with another recommendation to fill the SAFMC seat, vacated due to Wayne Lee’s death.
Reports were given on all the various MFC and FMP committee activities. Following are action items or motions resulting from these reports:
Motions:
A motion was made to send a letter to the Mid-Atlantic Fishery Management Council commenting on the scooping document for Amendment 1 to the Spiny Dogfish Fishery Management Plan, primarily focusing on inequities allowing northeast states to harvest the entire dogfish quota, changing the fishing year to Jan. 1 – Dec. 31, and allocating quota on a state-by-state basis – motion passed unanimously.
Motion was made to a letter to the Atlantic States Marine Fisheries Commission requesting the southern boundary in the Spiny Dogfish Fishery Management Plan be moved from Rhode Island/Massachusetts state line to the Virginia/Maryland state line and have individual state quotas in place by Jan. 1, 2004 – motion passed unanimously.
By consensus, the MFC also agreed to add a passage in the letter to the Atlantic States Marine Fisheries Commission stating that N.C. fishermen are so upset over inequities in the dogfish quota they are expressing intentions of going fishing on Jan. 1, whether quota is available or not, and the MFC is considering supporting them in this action.
Motion was made to expend up to $7,000 from the MFC Conservation Fund to print a recreational brochure – motion passed unanimously.
Charter Boat – A discussion was held about the request the MFC had received to endorse the creation of a charter boat license for anyone taking people fishing for hire in coastal waters. Only the General Assembly has the authority to create a new fishing license, but the MFC asked its regional committees and the DMF to review the issue. The DMF, along with three of the regional committees, as well as the MFC endorsed the idea of a free permit that would require charter boat captains to register so that they can be contacted for periodic surveys, to obtain better recreational data.
Motion:
Motion was made to endorse the creation of a free charter boat permit – motion passed unanimously.
N.C. Waterman Surveys – A presentation was made by Bill Hitchcock regarding on-line surveys.
Division of Marine Fisheries Director’s Report:
Budget – No new cuts have been proposed in the DMF budget at this time.
Legislative Update – The Joint Legislative Study Commission on Seafood and Aquaculture did not meet prior to the legislative session, so private sponsors had to be found for the following legislative initiatives:
-Instantaneous proclamation authority for quota fisheries;
-Coastal Habitat Protection Plan deadline extension;
-Oyster and Clam Fishery Management Plan recommendations;
-Method to quantify recreational shellfish harvest;
-Core Sound shellfish lease moratorium;
-Violation point system;
-Dual office holding for Marine Patrol;
-Equivalent law enforcement authority as Wildlife Resources Commission; and
-Salary equity study between Marine Patrol and WRC officers.
It was announced by Billy Byrd, President of the Coastal Conservation Association, that a bill was going to be introduced in the General Assembly to create a recreational saltwater fishing license in the near future.
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. 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.
Striped Bass –Updates were given on the various seasons and quotas.
River Herring – Season opened Jan. 1 but the herring have not shown up. Most of the harvest has been alewife.
Non-native Oyster Research Timeline – An overview was given about research on non-native oysters beginning in the mid 1980s through the present.
Federal Industry Disaster Relief Meeting for Shrimpers – Congress has allocated money to provide relief to shrimpers from foreign imports. North Carolina’s portion will be $4.8 million. The money can be used for a variety of needs like marketing, seafood safety, direct assistance to any sector of the shrimp industry. At this time the DMF is meeting with industry representatives to try and develop criteria for disbursement of the funds.
Updates were given of the activities of the following groups:
Atlantic States Marine Fisheries Commission
Marine Patrol
South Atlantic Fishery Management Council
Mid-Atlantic Fishery Management Council
SUBJECT MATTER NOTIFICATION (potential rule the
MFC is considering)
Motion:
Motion was made to approve subject matter notification for nursery areas and trawling prohibited areas – motion passed unanimously.
Assistant Attorney General George Hurst reviewed proposed rules the MFC had approved at previous meetings, including: trawl times, longhaul panels, rangia clam permit, stone crab harvest, fishing gear restrictions, gear restrictions around the Carolina Marlin Club and also reviewed the wording of a temporary rule concerning the distance between pound nets for consideration as a permanent rule.
Motion:
Motion was made to add language to prohibit gigging and spearing of stone crabs to proposed stone crab rules – motion passed unanimously.
PERMANENT RULES (Proposed rules to be taken to hearings for public comment)
Pot Leads – Some fishermen have been using shrimp pots, that meet the minimum mesh requirements, but they have been adding on leads similar to pound net leads.
Motion:
Motion was made to take to public hearing two options which 1) prohibit the use of leads with pots and 2) prohibit the use of pots with leads to take shrimp – motion passed unanimously.
Shellfish Dealer Certification – Before a Fish Dealers License can be issued an individual dealing in oysters, clams, and mussels, they must first be certified as a Shellstock Dealer by the Division of Environmental Health’s Shellfish Sanitation Office in order to ensure shellfish are handled in safe and hygienic manner.
Motion:
Motion was made to require certification from Shellfish Sanitation prior to issuance of a Dealers License for oysters, clams or mussels– motion passed unanimously.
Nursery Area Changes and Additions – The DMF has been reviewing nursery area designations and has suggested expanding these areas that play such a critical role in protecting juvenile stocks of finfish, crustaceans and shellfish.
Motions:
Motion was made to designate Sanders Creek as a Primary Nursery Area – motion passed unanimously.
Motion was made to designate parts of Shallowbag Bay as Permanent and Special Secondary Nursery Areas and parts of Collington Creek, Buzzard and Kitty Hawk bays as Special Secondary Nursery Areas – motion passed unanimously.
Motion was made to designate the upper Pamlico, Pungo, Goose Creek, and Broad Creek as Permanent Secondary Nursery Areas – motion passed unanimously.
Motion was made to put into rule no trawl areas in lower Core Sound that are currently closed by proclamation – motion passed unanimously.
Coordinate Changes/Corrections – The DMF has been making technical updates and corrections to coordinates in the rulebook.
Motions:
Motion was made to accept all coordinate technical changes and corrections – motion passed unanimously.
Motion was made to accept all changes to 3Q and 3R coordinate rules – motion passed unanimously.
Public hearings will be scheduled in June.
Shellfish Gardening Presentation - The Shellfish Gardeners of N.C. presented a proposal to the MFC to allow private pier owners to grow-out native oyster spat in off-bottom controlled enclosures for personal use. This issue was referred to the Shellfish Committee for review. The Attorney General’s Office has also been asked to give a formal opinion on the public trust aspects of the proposal.
Meeting Adjourned
MFC Meetings for 2003:
May 22-23, 2003 Wilmington
July 24-25, 2003 Inland Area
October 2-3, 2003 Morehead City
November 18-19, 2003 Northeast Area