New Bern, North Carolina
June 7 - 8, 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. All agenda items and motions are highlighted. 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 (MFC) held a business meeting June 7 & 8 at the Riverfront Convention Center in New Bern, North Carolina. The meeting opened with an Invocation delivered by Rev. Walter Leake of the First Assembly of Praise in New Bern, and a Roll Call. Commissioners in attendance included: Jimmy Johnson Chairman, Dr. B.J. Copeland Vice Chairman, Norm Bradford, Willy Phillips, Robert Southerland, Rusty Russ, Dr. Barbara Garrity-Blake and Bryan Gillikin. Mac Currin was excused from this meeting.
Motions:
A motion was made to accept the minutes from the last full business meeting in Ocracoke motion passed unanimously.
Motion was made to accept the minutes from the phone meeting on red porgy rules with corrections motion passed unanimously.
Paul Biermann commercial fishermen out of Beaufort, opposed prohibiting nets off Atlantic Beach in the fall.
Bobby White President of GoFishNC, said the group opposes the practice of gigging red drum, pointing out that these fish are only supposed to be harvested in a bycatch capacity. He also presented data showing that fishing pressure is much greater in the southeastern coastal counties. He was in support of the requiring attendance of all large-mesh gill nets used by Recreational Commercial Gear License (RCGL) fishermen.
Woody Myers RCGL fishermen from Onslow County, opposed the proposed rule to require attendance of all large-meshed gill net used by RCGL fishermen, stating he had never caught a great amount of bycatch in his nets.
Terry Wooden RCGL fisherman from Hubert, opposed the proposed rule to require attendance of all large-meshed gill net used by RCGL fishermen, stating he had not caught any red drum in his nets. He told the MFC they will remove the recreational aspect of flounder fishing with a net if the MFC implements this rule.
Adam Tarplee RCGL fisherman from Jacksonville, opposed the proposed rule to require attendance of all large-meshed gill nets used by RCGL fishermen, stating he had only caught one drum in 15 years of net fishing. He also indicated that many people who enjoy net fishing are too old to sit with their nets all night.
Jerry Schill, Executive Director of the North Carolina Fisheries Association, talked about legal North Carolina weakfish being prohibited in the New York markets. He said this was impeding commerce and will not be corrected unless the North Carolina officials get tough - fishermen need help on this issue. They are also requesting assistance on this matter from the Atlantic States Marine Fisheries Commission.
Leland Cox RCGL fisherman from Cove City, opposed the proposed rule to require attendance of all large-meshed gill nets used by RCGL fishermen, stating recreational netters do not impact the resource. He also feels good water quality will bring the fish populations back.
Robert Finn RCGL fisherman from Jacksonville, opposed the proposed rule to require attendance of all large-meshed gill nets used by RCGL fishermen, stating that the line should be from New River Inlet to the South Carolina state line, rather than from Beaufort Inlet south. He stated the attendance requirement would be a hardship on older fishermen and was a form of class warfare where wealthy people were moving into the area and wanting to destroy the way of life of coastal communities.
Bill Douglass a member of GoFishNC and owner/operator of a charter and guide business in Wilmington, opposes gigging of red drum and supports the proposed rule to require attendance of all large-meshed gill net used by RCGL fishermen. He said the MFC should do what is best for the resource.
Daniel Oliver RCGL fisherman from Pamlico County, opposed the proposed rule to require attendance of all large-meshed gill nets used by RCGL fishermen. He felt as a taxpayer he should be entitled to fish on an equal basis and was opposed to staying with a net all night.
Barbara Garrity-Blake was very encouraged by a
newspaper article in the Island Breeze about a commercial fisherman becoming
friends with a recreational angler after on-line discussions in a fishing chat
room.
An electronic correspondence from Commissioner Mac
Currin was discussed regarding clam kicking.
The MFC agreed to the following tentative meeting
schedule for 2002:
Feb. 7 & 8 Southeast Region
April 23 & 24 Central Region
June 27 & 28 - Edenton/Chowan County Area
August 20 & 21 Inland Region
Oct. 3 & 4 Morehead City
Dec. 10 & 11 Dare County
Committees Reports
Reports
were given on all of the various committee activities. The following actions
were taken as a result of committee recommendations:
Several committees have discussed changing the soak
times/fishing days for crab pots. The MFC decided any changes in these rules
should be considered during the Blue Crab FMP review process.
The MFC recommended by consensus that the mesh size
requirement for crab trawls be handled through the Southern Flounder FMP.
The MFC recommended by consensus to expedite the
stock assessment on alewife when the appropriate data sets are available.
The MFC recommended by consensus not to change the
oyster size limit for shuckers.
Motions:
Motion was made to draft language to amend the rules
to allow fishermen use a six-foot depth contour from shore in designating pot
areas in the Neuse, Tar, Pamlico, and Pungo rivers and small tributaries on the
western side of Pamlico Sound motion
passed.
Motion was made to draft language to amend the rules
giving the DMF director proclamation authority to open all long-haul areas to
crab potting - motion passed
unanimously.
Motion was made to draft language to amend the rules
to change the dates for crab pot designated areas to June 1 - Nov. 30 in the
Neuse, Pamlico, Pungo, and Tar rivers - motion passed unanimously.
Motion was made to publish subject matter
notification for permanent rulemaking to require a 15 fish per day possession
limit on bluefish and allowing no more than five of these fish to be larger
than 24 inches - motion passed unanimously.
Motion was made to send a letter to the Secretary of
the Department of Environment and Natural Resources (DENR) regarding a meeting
between the MFC, and the Coastal Resources and Environmental Management
commissions to coordinate protection of shellfish waters. The MFC would like to be the lead agency in
relation to this issue motion passed unanimously.
Motion was made to send a letter to the Division of
Coastal Management requesting denial of the permit to dredge a channel in the
Ocracoke area motion passed unanimously.
Motion was made to send a letter to the Secretary of
DENR expressing concerns about the
Bogue Banks beach renourishment project
motion
passed unanimously.
A petition was reviewed regarding restriction of gill nets along Bogue Banks in the area around the Atlantic Beach fishing piers and mullet stop nets during the fall. The issue was referred to the Central and Finfish committees for discussion and will be reviewed again at the August MFC business meeting.
A petition was reviewed regarding an increase in the 10-inch weakfish size limit for long haul seines and pound net fisheries, to be consistent with the 12-inch size limit required in other commercial fisheries. The issue was referred to all regional committees and also the Finfish Committee and will be discussed at the October MFC business meeting.
DMF Director Pres Pate reviewed the following topics:
Cull Sticks Floyd Ashton, a seafood dealer in the northeastern part of the coast, has requested the
Marine Patrol utilize a 5-inch stick to cull crabs instead of the 4 15/16-inch
cull stick currently used for enforcement purposes. Effective July 1, 2001 the
Marine Patrol will switch to the larger cull stick to comply with this industry
request.
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 to resuspend the rule and continue the commercial size limit for king mackerel at 24 inches motion passed unanimously.
Budget Like other state agencies,
the DMF has had to make reductions and sacrifices in order to help the state
meet projected budget shortfalls.
These reductions make it harder to handle requests from the MFC and the
public. The DMF operation budget was
cut by $586,502 earlier this year by
deferring replacement of equipment. We
have also had a freeze on spending and travel, and many positions are still
frozen. Recently, we lost six vacant positions for a budgetary impact of
$207,000. In addition, the division is losing $10,000 from Governors Cup
special fund and $250,000 was taken from the Fishery Resource Grant Program.
Unfortunately, we are not sure if this is the last we will see of the
cuts.
Motion:
Motion was made to remind the governor and the
legislative leadership of the duties and responsibilities assigned to the DMF
and the MFC under the 1997 Fisheries Reform Act and ask for appropriate funding
to carry out these legal mandates motion passed unanimously.
Eligibility
Board Report There were no changes
to report in this program. The MFC will need to determine the number of
licenses for the SCFL pool at the August business meeting.
Flounder Gill Net Fishery in the Pamlico Sound The DMF is working on a plan for the upcoming gill net fishery in the Pamlico Sound - an application for a Section 10 permit has been submitted to the National Marine Fisheries Service. The division has based the proposed plan on extrapolated totals of 350 live sea turtles interaction and 175 lethal sea turtle interactions the same numbers allowed under last years Section 10 permit.
The proposed plan closes the deep water portion of southeastern Pamlico Sound to large-mesh gill nets this is the area where most of the turtle interactions have taken place; limits yardage of gill nets in areas to the north and west of the closed area; closes the inlet corridors to large mesh gill net; and allows a limited shallow water gill net fishery to occur in the waters behind Ocracoke and Hatteras islands. In addition, there will be a permit required for any participants in the fishery; and, depending on funding, an effort to have observers on at least 20 percent of all fishing trips.
Summer
Flounder Since the last MFC
meeting, the Atlantic States Marine Fisheries Commission and the National
Marine Fisheries Service reached an agreement to reduce the east coast
recreational summer flounder by 41 percent because of recreational overages
during five years. North Carolina had to reduce its recreational harvest by 32
percent. A two-week season closure in
early May and an increase from 15 inches to 15 ½ inches in the recreational
size limit met the criteria for the reduction.
In addition, the DMF director participated in a facilitated meeting on summer flounder management with all stakeholders,
including environmental groups, to discuss the past and future decisions about
summer flounder management. While the
meeting didn't come to any conclusions for dealing with the immediate problems,
participants came away with a better understanding of each others goal and
objectives.
Rule Suspension for Summer Flounder Earlier this year, the DMF Director changed the recreational limit on summer flounder from 15 inches to 15 ½ inches by suspending the rule and implementing the new size limit by proclamation. The rule needs to be resuspended at each subsequent MFC meeting.
Motion:
Motion was made to resuspend the rule and continue the recreational size limit for summer flounder at 15 1/2 inches motion passed unanimously.
Weakfish The proposal for a characterization study allowing a limited number of flynets to operate south of Cape Hatteras was submitted to the National Marine Fisheries Service (NMFS), the Atlantic States Marine Fisheries Commission (ASMFC) and subsequently the Weakfish Technical Committee for review. The technical committee has concerns about the proposal but agreed that North Carolina could have 175,000 pounds of weakfish to conduct the study. This decision will have to go before the ASMFC and the NMFS for final approval. If the project receives final approval, the operating budget will be a problem this project could possibly be a candidate for a Fishery Resource Grant.
Many comments have been received about altering the size/bag limits for weakfish, with many complaints that 14-inch fish are just not available. The conservation equivalency is the same for 4 fish at 12 inches or 10 fish at 14 inches. The DMF proposed to allow fishermen to have the option of choosing either size limit.
Motions:
Motion was made to endorse the DMF proposal to have two recreational size/bag limits for weakfish 4 fish/12 inches or 10 fish/14 inches motion passed.
Motion was made to ask the DMF director to implement the change in the recreational weakfish size/bag limits as soon as possible motion passed unanimously.
Striped Bass An update was given on the first meeting of the Striped Bass Fishery Management Plan Development Team. The group is comprised of representatives from DMF, Wildlife Resources Commission, U.S. Fish and Wildlife Service and the Cooperative Extension Service. The team discussed development of a statewide plan with basin-wide management options.
Legislative
Update Several
fisheries-related issues are still pending in the General Assembly and have
been combined into one bill in the Senate; they include staggering MFC terms,
repeal of the sunset provisions for the licensing system and Core Sound leases,
review of FMPs every five years and the increasing the cap Sea Grant can claim
to cover administrative costs of the Fishery Resource Grant Program.
There seems to be no movement in the development of
a Saltwater Fishing License.
The Joint Legislative Study Commission on Seafood and Aquaculture held a special session to review the fishery management plans for oysters and clams. There were a few questions on the human use study, and oyster disease, but no criticisms about the plans were raised
Updates were given on the activities of the following groups:
Motion:
A motion was made to send Bob Mahood, Executive Director of the South Atlantic Fishery Management Council a letter regarding proposed shrimping regulations, opposing the new permit requirement, the ban on nighttime trawling and the maximum headrope size on trawl nets motion passed unanimously.
Interjurisdictional
Fishery Management Plan Update An update was given on the status of this
FMP and public meetings were discussed.
Department of Environment and Natural Resource Secretary Bill Ross and Chief Deputy Secretary Dempsey Benton spoke with the MFC and discussed their commitment to the Coastal Habitat Protection Plan process.
-Required attendance of recreational gill net with a mesh size larger
than five inches at all times, from Hwy. 70/Beaufort Inlet Drawbridge,
including the Newport River and its tributaries, to the South Carolina state
line;
- Required attendance of commercial gill net with a mesh length less than
5 inches from May Oct. in certain areas to allow the release of red drum
entangled in the nets;
- Establishment of a new commercial fishing year that runs from Sept. 1
Aug. 31 of each year, with a trip limit set by proclamation to ensure
continuation of the historical bycatch fishery;
- Prohibit the possession or sale of adult red drum larger than 27 inches
to allow the larger, older fish the opportunity to spawn and produce more fish;
- Reduction of the recreational harvest limit to one fish per day between
18 inches 27 inches to limit the recreational impact on the fishery; and
- Proclamation authority for 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:
Motion
was made to take red drum rules to public hearing motion passed unanimously.
Public hearings/meetings have been scheduled at the
following locations:
Subject Matter Notice (potential rule changes the MFC is considering)
Potential rules to implement the Dolphin/Wahoo FMP
for the South Atlantic Fishery Management Council.
Motion was made to publish subject matter
notification for permanent rule making to require a 15 fish per day possession
limit on bluefish allowing no more than five of these fish to be larger than 24
inches motion passed unanimously.
Red Drum A discussion was held about fishermen gigging red drum and how that was contrary to the FMP goal that states that red drum is a bycatch fishery. Gigging is most definitely a directed fishery and there is concern about harvesting red drum in the winter when they are lethargic and easily targeted. A review of participation data on the red drum commercial fishery was presented and an update was given on the success of the 50/50 rule.
Motion:
Motion was made to recommend the DMF director use proclamation authority to ban the gigging of red drum motion passed unanimously.
An update was given on the Fisheries Resource
Grant Program.
Meeting Adjourned
2001 Meeting Schedule
August 16 & 17 Business Meeting Wilmington
October 4 & 5 Business Meeting Atlantic Beach
December 4 & 5 Business Meeting Kill Devil Hills