THE MFC ADVISOR
Marine Fisheries
Commission Business Meeting
Raleigh, North
Carolina
August 18 - 20,
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. 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 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 August 18 – 20 at the Clarion Hotel in downtown Raleigh, North Carolina. Due to a full agenda, the business meeting started at 8 p.m. on August 18 and began with the DMF Director’s Report.
Legislative Update – Following are the outcome of fisheries bills before the 2003 Session of the General Assembly:
-Instantaneous proclamation authority for quota fisheries was approved;
-Coastal Habitat Protection Plan deadline was extended until Dec. 31, 2004;
-Legislative appointment to the ASMFC will now be made by the governor;
- Recommendations to implement Oyster and Clam Fishery Management Plans were referred to Seafood and Aquaculture;
-Method to quantify recreational shellfish harvest was referred to Seafood and Aquaculture;
-Core Sound shellfish leases were capped at existing levels (95 acres);
-Violation point system was referred to Seafood and Aquaculture;
-Dual office holding for Marine Patrol was referred to Seafood and Aquaculture;
-Equivalent law enforcement authority as Wildlife Resources Commission was referred to Seafood and Aquaculture; and
-Salary equity study between Marine Patrol and WRC officers was referred to Seafood and Aquaculture.
Motion:
Motion was made to approve the number of eligible Standard Commercial Fishing Licenses in the eligibility pool at 1,421 – motion passed unanimously.
Shrimp and Crab Aid – North Carolina was the first state in the Southeast or Gulf states to disburse their portion of the federal disaster relief aid for the shrimping industry. Approximately $4.88 million was distributed in July to Tar Heel shrimpers. There were 647 checks written - the largest check was $64,206 and the smallest check was $7, with the average vessel owner getting $5,906. There have been few disputes.
The federal assistance to the crabbing community will not be as easy to administer. Only $1.8 million is available to North Carolina to go to the crabbers, processors and dealers. The federal grant for this money has just been approved and the program will get underway in early fall.
Striped Bass – The recreational season for the Albemarle Sound Management Area opens Oct. 11 and runs through Dec. 31, unless the quota of 107,359 pounds is reached earlier. The season will be open on Wednesdays, Fridays, Saturdays and Sundays, with a two fish per day, 18-inch minimum size limit in place.
The juvenile sampling has been poor this year. The high flow of water on the rivers has impacted striped bass stock.
River Herring – Conversely, preliminary juvenile trawl sampling shows a very good year for river herring, alewife and shad. However, regular juvenile sampling has not been completed to date. It will take three to five years for these fish to show back up in our sounds and rivers. Only 182,303 pounds out of the 300,000-pound river herring quota were harvested in 2002.
Staff Changes – John Carmichael, who does stock assessment work in the Fisheries Management Section, has announced he will be leaving the DMF and going to work with the South Atlantic Fisheries Management Council in Charleston, S.C., effective Sept. 1. In addition, Assistant Attorney General George Hurst, who is assigned to DMF, has announced he is going to work for the Federal Law Enforcement Training Center in Brunswick, Ga., also effective Sept. 1. Both of these individuals have contributed greatly to the success of DMF programs and will be deeply missed.
The meeting was reconvened on August 19 and opened with an Invocation. 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, Bradley Styron and Norm Bradford.
Motion:
Motion was made to accept the minutes from the last meeting – motion passed unanimously.
During the Public Comment Period, Jerry Schill, Executive Director of the North Carolina Fisheries Association, spoke about summer flounder in reference to changing the winter/fall quota split from 70 percent/30 percent to 80 percent/20 percent, and also on the Flynet Experimental Permit, requesting that the MFC endorse continuing the characterization work south of Hatteras. Schill also spoke once again on the importance of dogfish to N.C. fishermen, and the need for DMF and the MFC to make sure we don’t continue to take a back seat to the northern states with the dogfish quota. He also recognized that N.C. was the first, and so far the only state, to get the federal economic assistance out to shrimpers and thanked the DMF for their hard work on this program.
Chairman’s Report
The following dates were tentatively set:
Dec. 1 -3 Central
Coastal Area
Chairman Johnson also advised the MFC he was considering having a meeting for all commission advisors the week on Feb. 2 and asked them to check their calendars and notify him if there were conflicts.
The following individuals were appointed to advisory committees:
Inland – Jimmy Nobles rescinded his resignation and has
decided to remain on this committee.
Turtle Bycatch Committee – An update was given on DMF efforts to form a work group to look at ways to reduce sea turtle interactions and takes with fishing gears. There have been lots of applications for the advisory positions. The first committee meeting is planned for early October.
Recognition of Wayne Lee – Chairman Johnson read aloud a resolution recognizing the contribution of Wayne Lee to fisheries management at both the state and federal level. Lee passed away unexpectedly last spring. The plaque will be presented to his family.
Flounder Size Limit in Internal Waters Rules Suspension – The DMF increased the internal size limit for flounder in most areas from 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 new 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.
Primary Nursery Area Rule Suspension – In updating rule coordinates, DMF staff discovered an inaccuracy in a PNA line in Mallard’s Bay in Brunswick County. In 1985 the boundary line was incorrectly recorded, which inadvertently opened a small portion of a PNA to shrimp trawling. The area is on the shoulder of the Intracoastal Waterway and at this time it is not clear if it still functions as a PNA. The DMF asked the MFC to suspend the portion of the rule that designates this area as a PNA and allow staff to conduct studies to ascertain if the area still meets PNA criteria.
Motion:
Motion was made to suspend a portion of the Primary Nursery Area Rule [03R.0103 (15)(d)] that pertains to Mallard’s Bay to accommodate the situation – motion passed unanimously.
Jerry Schill, Executive Director of the North Carolina Fisheries Association, spoke about summer flounder in reference to changing the winter/fall quota split from 70 percent harvested in the winter and 30 percent harvested in the fall to an 80/20 split. He asked the MFC to consider making this change. DMF Director Pres Pate spoke in favor of this change, given the fact that the summer flounder quota has increased and states do not get to carry over unused quota to the following year. Some years North Carolina has been unable to harvest its allotment of summer flounder due to poor weather or harvest conditions. By having the bulk of the quota taken in the spring, there is less of a chance we would not be able to utilize all of the allotment.
Motion:
Motion was made to change quota split from 70/30 to 80/20 and proceed with whatever rulemaking vehicle is needed to expedite this process – motion passed unanimously.
Petitions for Rulemaking
A petition was received from Mason Meekins of Avon regarding the attendance of gill nets, but it did not meet the criteria for rulemaking. The MFC attorney will return the petition to Mr. Meekins with advice on how to submit a legally acceptable petition.
At this point, Barbara Garrity-Blake brought up once again the idea of developing an overall plan to handle social issues and conflicts. She would like to get all parties together when there is a problem and try and iron out differences rather than resort to creating rules and regulations to resolve social problems.
At the public meeting on Aug. 18, Bill Mandulack, on behalf of the Coastal Conservation Association, submitted a petition to close the river herring harvest until the stock is recovered. The petition is being reviewed at this time.
Reports were given on all the various MFC and FMP committee activities. Following are action items or motions resulting from these reports:
The Shellfish Committee approved the concept of a pilot program to study the feasibility of growing oysters in cages under docks. The committee recommended that 50 individuals be allowed to develop oyster gardens under strict criteria and the supervision of the DMF so the long-term viability of such a program could be determined.
Motions:
A motion was made that the MFC endorse a shellfish gardening pilot program as specified – motion passed unanimously.
Motion was made to endorse a letter calling for the denial of a permit for an amphibious plane ramp to store a sea plane on the shore of Currituck Sound (Leedy Project) – motion passed unanimously.
Motion was made to endorse a letter to deny PCS Phosphate permit request to build a railroad through several tributaries of South Creek and Pamlico River– motion passed unanimously.
Motion was made for MFC to send a letter to the Secretary of the Department of Environment and Natural Resources requesting a meeting of all appropriate agencies and commissions to address the issue of shellfish closures – motion passed unanimously.
Motion was made to for MFC to send a letter to the National Marine Fisheries Service supporting proposed rules opening the EEZ to striped bass harvest – motion passed unanimously.
An update was given on the Draft North Carolina Striped Bass FMP.
PERMANENT RULES
Selected trawling rules were amended by replacing sunset and sunrise references with fixed times to make it easier for the public to understand and abide by trawling rules.
Motion:
Motion was made to approve the trawl time permanent rules (O3J.0104, .0202, .0208, 03L.0102, .0202). - motion passed.
Pound Net Minimum Distance
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
approve the amended pound net sets permanent rule (03J.0107) which establishes
a 1000-yard distance between new pound net sets – motion passed.
Escape Panels in Long Haul Seines
Rules needed to be
clarified to identify specific placement of escape panels in long haul
seines.
Motion:
Motion was made to approve the amended long haul/swipe net permanent rule (03J.0109) – motion passed unanimously.
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. The following two options were taken to public hearing - 1) prohibit the use of leads with pots and 2) prohibit the use of pots with leads to take shrimp.
Motion:
Motion was made to approve the amended pot permanent rule (03J.0301) which prohibits the use of pots with leads to take shrimp – motion passed unanimously.
A petition for rulemaking was received 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 from May through October.
Motions:
A motion was made to approve the amended fishing gear restriction permanent rule (03J.0402) except the Carolina Marlin Club change – motion passed unanimously.
Later in the meeting, a motion was made to reconsider this vote because one of the commissioners misunderstood the areas the rule would impact – motion passed.
Motion was made to include the Carolina Marlin Club with the other gear restrictions in permanent rule 03J.0402 – motion passed.
Existing rules needed to be amended 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.
Motion:
Motion was made to approve amended rangia clam permanent rules (03K.0401, .0402,.0403, 0404,.0405) – motion passed unanimously.
Shellfish Dealer Certification
Before a Fish Dealers License can be issued to 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 amend Shellfish Certification rules (03O.0101) 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 (03R.0103) – motion passed unanimously.
Motion was made to designate the upper Pamlico, Pungo, Goose Creek, and Broad Creek as Permanent Secondary Nursery Areas (03R.0104) – motion passed unanimously.
Motion was made to designate inner Shallowbag Bay as a Permanent Secondary Nursery Area (03R.0104)– motion passed unanimously.
Motion was made to designate outer Shallowbag Bay as a Special Secondary Nursery Area (03R.0105)– motion passed unanimously.
Motion was made to designate Collington Creek, Buzzard and Kitty Hawk bays as Special Secondary Nursery Areas (03R.0105) – motion passed unanimously.
Motion was made to clarify rules involving no trawl areas in lower Core Sound (03R.0106) – motion passed.
Coordinate Changes/Corrections
The DMF has been making technical updates and corrections to coordinates in the rulebook.
Motions:
Motion was made to
approve the permanent coordinate rules involving coastal and inland water
boundaries (03Q.0202) as amended – motion passed unanimously.
Motion was made to
approve publication of text of the maps and marking permanent rule
(03H.0104) - motion passed unanimously.
Motion was made to
approve the coordinate rule changes in 03I.0110, 03J.0103 & 0206, 03K.0204,
03N.0103 & 0105, 03O.0503, 03R.0101-0106 & 0108-0113 – motion passed
unanimously.
Consideration of proposed
harvest limits on stone crabs was postponed until a later time at the request
of the DMF.
RULES TO GO TO PUBLIC HEARING
Spooner’s Creek
Residents of Spooners Creek filed a petition for rulemaking asking that gill netting and seining be banned due to conflicts between the residents and the net fishermen. If a total closure was not possible, the residents asked that the MFC consider closing the area at night time year-round by rule. The creek is already closed at nighttime by proclamation.
Motion:
Motion was made to take
Spooner’s Creek permanent rule (03J.0402) to public hearing with the following
two options to be considered – 1) Put the nighttime closure into rule or 2)
Develop language for a full closure –
motion passed.
Hand Harvest Areas
In order to protect
oyster habitat mechanical harvest methods need to be prohibited in designated
areas less than 6 feet in depth.
Motion:
Motion was made to take proposed changes to the mechanical methods prohibited (Shellfish) permanent rule (03R.0108) to public hearing – motion passed unanimously.
Economic Assistance Rules
Economic assistance rules need to be made permanent because there is a good likelihood there will be future federal economic assistance programs for fishermen in future years. By making the rules permanent, delays can be avoided in getting economic assistance to fishermen. Shrimp assistance rules have already been approved as temporary rules.
Motion:
Motion was made to approve the publication of the text and take to public hearing the Shrimp Economic Assistance rules (03S.0101 and 0102) as permanent rules - motion passed unanimously.
Motion was made to publish text of the Crab Economic Assistance Rule (03S.0103) as a temporary rule and take to pubic hearing - motion passed unanimously.
(Chairman Johnson and Commissioners Styron and Gray recused themselves from this discussion and vote.)
Presentations were given by the DMF on the water column section of the CHPP and the 2003 Annual Report was submitted.
Motion:
Motion was made to approve the 2003 Annual Coastal Habitat Protection Plan Report - motion passed unanimously.
A presentation was made by Assistant Attorney General George Hurst on the proposed Violation Point System mandated by the Fisheries Reform Act.
Motion:
Motion was made to send the proposed rules of the Violation Point System to the Joint Legislative Study Commission on Seafood and Aquaculture - motion passed unanimously.
A presentation was given on the Recreational Commercial
Gear License Survey.
The 2003 Annual Stock Status Report was presented to the MFC. Red drum has been upgraded from overfished to recovering and other stocks showing improvement include summer flounder, which moved from recovering to viable, black sea bass north of Cape Hatteras, which advanced from overfished to viable, and scup, which was elevated from overfished to recovering.
Unfortunately, the news is not all good for black sea bass south of Cape Hatteras and striped bass in central and southern state waters which were both downgraded from concerned to overfished.
All in all, of the 40 stocks covered in the report, 16 fall into the viable and recovering categories, nine are listed as concerned, nine are listed as overfished, and six are listed as unknown. Visit http://www.ncdmf.net/stocks/index.html to view the entire report.
Fishery Management Plans Priorities and Schedule
DMF Director Pres Pate presented the MFC with a Fishery Management Plan Schedule for 2003-2008 for their consideration. One major modification was shifting the start date of the Shrimp FMP up in priority to 2003 in order to accommodate concerns over shrimping issues, including gear and user conflicts, shrimp openings, etc. Director Pate stressed that FMP would not take the place of the trawl study that was proposed to the Joint Legislative Study Commission on Seafood and Aquaculture several years ago for funding. FMPs contain a great deal of information on the biology of a stock, as well as information on landings, gear, fishing grounds, and markets. A plan identifies problems in a fishery and proposes management measures in the form of regulatory recommendations that will correct the problems and ultimately conserve the fishery. These plans utilize all available scientific information that applies to the species and its fisheries.
Proposed Fishery Management Plan Schedule for 2003-2008
2003/2004
Striped Bass – completed
Southern Flounder – completed
Striped Mullet – initiated
Shrimp – initiated
Blue Crab Review – completed
2004/2005
Striped Mullet – completed
Shrimp – completed
River Herring Review – initiated
2005/2006
Kingfishes - initiated
River Herring Review – completed
Red Drum Review – initiated
2006/2007
Bay Scallop – initiated
Kingfishes - completed
Oyster Review – initiated
Clam Review – initiated
Interjurisdictional Review – initiated
Red Drum Review - completed
2007/2008
Striped Mullet – completed
Spotted Sea Trout - initiated
Oyster Review – completed
Clam Review – completed
Interjurisdictional Review – completed
Motion:
Motion was made to approve the FMP schedule for 2003-2008 as presented - motion passed unanimously.
A report was given on an Alternative to Maximum
Sustainable Yield.
Motion:
Motion was made to endorse the proposed alternative approach to the use of Maximum Sustainable Yield in the Fisheries Reform Act to be sent to the Joint Legislative Study Commission on Seafood and Aquaculture – motion passed.
An update was given on Civil Penalty Procedures. Commissioners Currin, Tillman and Garrity-Blake were named to the MFC Civil Penalty Remissions Committee.
Another update was given on the new Charter Boat Permits. So far 542 permits have been issued and the process is working well.
Things have not gone as well for the Asian Oyster Study. The first batch of the non-native oysters died from unknown causes, excessive water temperatures or an unknown organism were thought to play a role in the mollusk deaths.
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
Meeting Adjourned
MFC Meetings for 2003:
October 2-3 Morehead City
November 18-19 Kill Devil Hills