Marine Fisheries Commission Business Meeting
Greenville, North Carolina
August 20 - 21, 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 April 20 - 21 at the Agricultural Center in Greenville, North Carolina. The meeting was called to order followed by an invocation and roll call. Members in attendance: Bryan Gillikin, Vice Chairman; Norm Bradford; Mac Currin; Dr. B.J. Copeland; Dr. Barbara Garrity-Blake; Tilman Gray and Bradley Styron. Chairman Jimmy Johnson and Rusty Russ had excused absences. Bryan Gillikin chaired the meeting.
Motion:
Motion was made to accept the minutes from the last meeting with modifications – motion passed unanimously.
The following people spoke during the Public Comment Period:
Jerry Schill, Executive Director for the North Carolina Fisheries Association, expressed concern N.C. was getting burned on a number of fronts. Summer flounder stocks are recovering, yet the overall quota is being reduced because of recreational overages. Fishermen cannot get an experimental flynet permit from National Marine Fisheries Service (NMFS). Commercial fishermen bore the brunt of restrictions to help recover striped bass and weakfish stocks, but now that they are recovered, commercial fishermen are not allowed any increased harvest. NMFS is using turtle protection as a way to manage fisheries and making commercial fishing less than economically feasible. The recommendations from the take reduction team for dolphin were not accepted by NMFS and must reconvene, because the team did not tow the agency line. Dogfish could be a help to many fishermen, but N.C. cannot even get its historical share. Mr. Schill was appreciative of work done by the DMF’s Dr. Louis Daniel on the experimental flynet permit, but he is extremely discouraged by all of the obstacles facing commercial fishermen.
Issues from MFC Members
Mac Currin inquired about a letter the MFC received from the Coastal Conservation Association - NC regarding increased restrictions for southern flounder. It was reported that the MFC responded to the CCA letter June 13, 2002.
Rusty Russ had asked to have his concern expressed about how rules were being enforced regarding crab culling. Issue was referred to the Crustacean Committees for review.
Vice Chairman Election
Motion:
Motion was made to postpone the election of vice chairman until the October meeting – motion passed unanimously.
Committee Appointments:
Crustacean Committee – No appointments at this time.
A/R Striped Bass FMP – Sam Johnson was appointed.
Civil Penalty Remissions Committee – Dr. Barbara Garrity-Blake, Mac Currin and Tilman Gray were appointed.
Joint MFC/WRC Committee – Tilman Gray, Norm Bradford and Bryan Gillikin were appointed.
Striped Bass FMP Schedule – The MFC agreed to extend the deadline for the Striped Bass FMP until June 2003.
Charter Boat License Request – A letter was received from Captains Bryan Hornsley and Sara Gardner, along with 36 other signatures, requesting the MFC endorse a charter boat license.
Motion:
Motion was made to have the DMF evaluate the charter boat license request and have the regional advisory committees review the issue– motion passed unanimously.
The Joint MFC/WRC Committee meeting was tentatively set for Oct. 7, 2002.
Reports were given on all the various MFC and FMP committee activities.
Based on discussions
at the Crustacean Committee, the MFC asked the DMF to develop a discussion
paper regarding allowing the public gather abandoned or ghost crab pots with
the assistance of the DMF and to also have the DMF prepare recommendations of
how to deal with FMP amendments.
The Southeast
Committee referred the issue of requiring Shellfish License holders to also be
certified by Shellfish Sanitation to the Shellfish Committee.
Motions:
Motion was made to endorse the concept of a study to characterize the flynet fishery south of Hatteras, beginning next fiscal year. The MFC disagrees with the need to mix the much-needed characterization work with a NMFS TED study - motion passed unanimously.
Motion was made to recommend the DMF director establish a daily recreational 100-fish possession limit on finger mullet by proclamation - motion passed.
Motion was made for MFC to send letter to the Department of Environment and Natural Resources regarding proposed expanded military training activity in New River area, asking them look at the potential impacts on fisheries resources and fishermen in affected area - motion passed unanimously.
Motion was made for MFC to send letter to the Department of Environment and Natural Resources regarding the proposed release by Pasquotank County of reverse osmosis effluent in Little River, which functions as a Primary Nursery Area – motion passed.
Motion was made to approve the revision to extend the timeline for the Blue Crab FMP until June 30, 2003 – motion passed.
Stock Status Report – Dr. Louis Daniel gave an update on the DMF’s stock status report released this past July. Gag grouper was upgraded to viable and southern flounder was moved from concerned to overfished. Red drum, summer flounder and weakfish continue to show strong signs of recovery. However, there are some species that cause concern, including blue crab, striped mullet, croaker, and river herring. Dr. Daniel pointed out that there are not going to be tremendous changes from year to year in the report, but if you go back to 1994, you can see that more and more fish are moving into the viable and recovering categories. It is anticipated that scup and summer flounder will be shifted into the viable category next year. Visit http://www.ncdmf.net/news/nr2k2/nr-25-02.htm at the DMF’s Web site for more details on the most recent Stock Status Report.
FMP Priorities – It was decided to postpone setting the schedule for future FMP development until the October meeting.
Permanent Rules to take to Public Hearing, which will be scheduled in early 2003.
Motions:
Motion was made to clarify specific rules on the placement of escape panels in long haul seines (15A NCAC 3J.0109) – motion passed unanimously.
Motion was made to amend selected trawling rules by replacing sunset and sunrise references with fixed times (15A NCAC 3J.0104, 3J.0202, 3J.0208, 3L.0102, 3L.0202) – motion passed unanimously.
Motion was made to take options for harvest limits on stone crabs to public hearing (15A NCAC 3L.0208) – motion passed unanimously
Motion was made to amend existing rules to prohibit harvest of rangia clams, or their shells, from polluted areas without a DMF permit and other rules associated with rangia clam harvest. Rangia clams harvested from polluted waters cannot be used for human consumption (15A NCAC 3K.0401,.0402,.0403, 0404,.0405) – motion passed unanimously.
Motion was made to develop a rule dealing with the petition for rulemaking from the Carolina Marlin Club to ban gill nets and seines causing hazards for navigation in the marina’s basin and channel to the Intracoastal Waterway, and other gear restrictions (15A NCAC 3J.0402) – motion passed unanimously.
Bluefish Tuna Quota- The MFC was updated on efforts to obtain a specific set-aside quota for North Carolina. The DMF has requested that 60 metric tons for this year and petitioned NMFS for rulemaking to establish a permanent set aside in the winter.
Motion:
Motion was made to send a letter to NMFS continuing to express the MFC’s support of state efforts to obtain a permanent set aside quota allocation for N.C. - motion passed unanimously
White Marlin, Threatened and Endangered Species Designation – The MFC was updated on the consideration by NMFS to list white marlin as a threatened or endangered species.
Motions:
Motion was made to send a letter to NMFS commenting that white marlin should not be listed as a threatened or endangered species because existing data does not support the designation – motioned passed unanimously.
Motion was made to add two paragraphs from a paper written by Phil Goodyear about that status of white marlin to the letter the MFC was sending to NMFS about the white marlin’s possible designation as a threatened or endangered species – motion passed unanimously.
FRG Presentation – The MFC reviewed a video entitled North Carolina Red Drum, produced by Bill Hitchcock, which was funded by the Fisheries Resource Grant Program.
Coastal Habitat Protection Plan Report – DENR is restructuring the CHHP process and is requesting the plan deadline be extended. An update was given on the status of the CHPP program. A meeting of the Marine Fisheries, Coastal Management and Environmental Management commissions and their appropriate advisory committees, will be held Oct. 22 at the Ft. Fisher Aquarium, to review plan development.
Motion:
Motion was made to approve the annual report for the CHHP program and extend the plan development deadline until 2004 – motion passed unanimously.
Interjurisdictional FMP – It was reported that the Joint Legislative Study Commission on Seafood and Aquaculture had no substantive comments of changes regarding the Interjurisdictional FMP. A lengthy discussion ensued about how the MFC interacts with North Carolina’s representatives on the Atlantic States Marine Fisheries Commission (ASMFC) and the regional councils and how to strengthen those relationships. This plan provides the framework for the MFC to comply or complement ASMFC and regional FMPs and allow NC to adopt the FMPs by reference.
Motion:
Motion was made to adopt the Interjurisdictional FMP and also develop mechanisms to implement the plan – motion passed.
Non-native Oysters in NC – The MFC was updated on efforts and research to utilize non-native oyster stocks to supplement declining native oyster stocks. Tom Ellis, with the N.C. Department of Agriculture and Consumer Services, expressed concern about the invasive qualities of other non-native plants and animals and the impact they have had on our state. He pointed out that non-native species can cause irreparable damage and cautioned the MFC to move very cautiously with this issue.
DMF Director Pres Pate reviewed the following topics during the Director’s Report:
Budget – The House and the Senate are trying to reconcile their differences over the budget. Various vacant positions were discussed and the fact that many staffers were having to take on many additional duties during this trying time. The director indicated that morale at the DMF was amazing high given the budget outlook and that he was extremely proud of his staff.
Staff Changes – George Gilbert with Shellfish Sanitation will be retiring. He has worked very closely with the DMF throughout the years. The MFC decided to send Mr. Gilbert a letter, thanking him for his many years of service to the state and his efforts to protect the public health.
Legislative Update – This has not been an active session in regards to fisheries issues. The recommendation from the MFC to extend the moratorium on shellfish leases along western Core Sound was forwarded to the Joint Legislative Study Commission on Seafood and Aquaculture, along with recommends from the Core Sound Stakeholder Committee. The moratorium bill did pass and included in that legislation was a study to look at the way fish advisories are issued. A working group has been formed between the DMF and the Department of Health and Human Service to develop a protocol for these advisories.
At this time, there has been no move to fill the expired terms of MFC Chairman Jimmy Johnson and commission member Dr. B. J. Copeland. Their terms expired June 30, but they have agreed to continue to serve until reappointed or replaced.
River Herring – The river herring harvest was bleak this past year with only 166,000 pounds of a 300,000 pound quota being harvested. The juvenile sampling does not look good and it is lower than the last two years.
Striped Bass – The stock assessment will be complete by early October. The juvenile sampling looks good. There have been some reports of dead stripers, but it is felt that most of the mortalities were due to high water temperatures, combined with high salinity and low dissolved oxygen levels, rather than from discards.
Summer Flounder Rule Suspension/Recreational Size Limit – The DMF Director changed the recreational size limit 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.
Motion:
Motion was made to resuspend the recreational flounder size limit rule and continue the increased size limit – motion passed unanimously.
Pamlico Sound Gill Net Restricted Area – The restrictions are very similar to last year’s, except the closure took affect two weeks earlier. Observers are being trained and the DMF is hopeful that turtle mortalities and interactions will be minimal.
Motion:
Motion was made to approve the number of eligible Standard Commercial Fishing Licenses in the pool at 1,458 – motion passed unanimously.
RCGL Survey – An update was given on the initial progress of the RCGL Survey Program. There are concerns about participation, the response rate has dropped to about 25 percent and the program needs a 30 percent return rate. A new mailing has gone out to RCGL holders explaining that it is mandatory for them to participate in DMF surveys.
Updates were given of the activities of the following groups:
Mid-Atlantic Fishery
Management Council
South Atlantic
Fishery Management Council
Meeting Adjourned
2002 Meeting
Schedule:
Oct. 3 & 4 – Morehead
City
Dec. 10 & 11 –
Dare County