Marine Fisheries Commission Chairman Jimmy Johnson said, "The MFC unanimously adopted a plan that we believe will continue to provide a blueprint for a healthy crab resource and productive fisheries. I want to thank all those advisors and public, who provided valuable input at numerous meetings in order to have a good plan. I also want to thank the Division of Marine Fisheries for all their hard work in preparing the plan and for all the excellent information it contains."

Public hearings will be held in 2005 for proposed rules to implement the Blue Crab FMP. For further information, contact Jess Hawkins at 252 726-7021 or 800-682-2632 or JessHawkins@ncmail.net, or you can access the Division's web site at www.ncdmf.net.

Contact: Don Reuter Date: Dec. 9, 2004 Phone: (919) 715-4112 ENVIRONMENTAL MANAGEMENT COMMISSION APPROVES COASTAL HABITAT PLAN RALEIGH – A state plan to protect critical fish habitat has received final approval and can now get a jumpstart from steps the N.C. Department of Environment and Natural Resources is prepared to take to meet some of the plan’s goals. The state’s Marine Fisheries Commission and Coastal Resources Commission adopted the Coastal Habitat Protection Plan at meetings last week. The Environmental Management Commission, the final environmental regulatory body required to approve the CHPP, voted to approve the plan at a meeting here today. In the 1997 Fisheries Reform Act, the N.C. General Assembly directed the department to prepare a plan for protecting critical fisheries habitat as a way to help in the recovery of slumping fish stocks. The CHPP describes critical habitats where marine fish and shellfish feed, spawn and grow. The CHPP also identifies threats to those habitats and makes recommendations for addressing those threats. CHPP recommendations fall under four broad goals: § Improve the effectiveness of existing rules and programs protecting coastal fish habitats. § Identify, designate and protect Strategic Habitat Areas. § Enhance and protect habitats from physical impacts. § Enhance and protect water quality. The three commissions will spend the first six months of 2005 developing plans for implementing the CHPP. Any actions that require rulemaking will go through the appropriate commission’s normal rulemaking process. Reaching the CHPP goals won’t always require new rules, according to DENR Secretary Bill Ross, who has developed a far-ranging list of steps the department could begin taking immediately toward implementing CHPP goals. Most of the actions identified by the department do not require new rules or legislative authority. Enhancing enforcement of existing rules protecting fish habitat, developing indicators of habitat health and reporting on trends, working to restore oyster shell bottoms and educating the public about the importance of these habitats are just some of things the department can do. Reporting on the status of critical fish habitats and developing a set of indicators that track the health of estuarine waters may be among the most important steps, according to Robin Smith, the assistant secretary for planning and policy in DENR. “We need to be able to show what is actually happening with these habitats,” she said. “Having good information helps us understand what needs to be done– and build the support needed to do it. It also tells us whether the things that we are doing are working.” DENR division heads will meet in the next few weeks to determine how to move forward with the department’s action plan. “The state has spent a lot of time over the years studying impacts on fish habitat,” Smith said. “One of the things that we heard from the public was that it is time to put all of that knowledge to work to solve the problems. These habitats support more than just fish. Indirectly, critical fish habitats support the economy of Eastern North Carolina and a way of life.” (EDITOR’S NOTE: Below is a list of actions DENR is considering to begin implementation of the Coastal Habitat Protection Plan.)   LIST OF ACTIONS DENR IS CONSIDERING TO BEGIN IMPLEMENTATION OF THE COASTAL HABITAT PROTECTION PLAN GOAL 1: IMPROVE THE EFFECTIVENESS OF EXISTING RULES AND PROGRAMS PROTECTING FISH HABITATS Beginning in the fourth quarter of 2004, the Divisions of Coastal Management, Land Resources, Water Resources, Marine Fisheries, Shellfish Sanitation, Water Quality hold quarterly meetings on proposed projects and enforcement cases that are or may be subject to the permitting or enforcement jurisdiction of the programs of more than one of the listed divisions, and invite other state and federal agencies to participate as appropriate. Beginning in 2006, issue an annual report on status and trends in the six critical fisheries habitats. By July 1, 2005, develop and make available an educational program on the value of and threats to critical fisheries habitats. Make protection and restoration of critical fisheries habitats a priority of the parts of the One North Carolina Naturally initiative that are directed at setting aside special places and at encouraging conservation on private lands. Make protection and restoration of critical fisheries habitats a priority of state agency requests to Natural Heritage and Clean Water Management Trust Funds. Develop a suite of indicators of estuarine and near coastal health by 2007. Through the Museum of Natural Sciences, work in partnership with several local universities to obtain grant funding for the purpose of studying how students most effectively learn science; and then used lessons learned to increase the effectiveness of programs that teach science, especially the science of critical fisheries habitats and coastal ocean ecosystems, at the museum, the three aquariums, the zoo, coastal reserves, educational state forests, state parks, environmental education centers, and the public schools. GOAL 2: IDENTIFY, DESIGNATE AND PROTECT STRATEGIC HABITAT AREAS Map all SAV in coastal waters north of Snows Cut within five years. Map all oyster and hard clam resources in coastal waters from Calabash through Croatan and Roanoke Sounds in waters 12 feet and less in depth within four years. Identify Strategic Habitat Areas and evaluate possible strategies for designating and protecting them through a phased process that builds on sound science, stakeholder participation, university assistance, and pilot projects. Devise the process within one year and complete the pilot project work by June 30, 2007. Coordinate this goal with the implementation of the Recreational Saltwater Fishing License program. GOAL 3: ENHANCE HABITAT AND PROTECT IT FROM PHYSICAL IMPACTS Continue the expansion of the Division of Marine Fisheries’ oyster restoration and estuary sanctuary efforts through additional projects like the recently completed Middle Bay Sanctuary. Work with the Corps of Engineers and the Department of Transportation on innovative mitigation projects and an appropriate crediting system for them under the Ecosystem Enhancement Program. Such projects may include the protection and restoration of submerged aquatic vegetation sites and the removal of certain dams, such as the dam at Carbondale on the Deep River. Such projects will have to pass muster with all EEP partners and requirements. Investigate, through consultation among the Divisions of Water Resources and the Marine Fisheries, the Secretary’s Office, and the Office of State Budget and Management, the use of the unobligated balance from completed water resoureces projects for navigation, water management, or stream restoration projects of particular importance to commercial fishing in NC. Support public and citizen based projects, such as oyster shell recycling, that have important public education and resource enhancement potential. GOAL 4: ENHANCE AND PROTECT WATER QUALITY Enhance dependable water quality monitoring in the following ways: Invest $125,000 in Neuse Estuary Modmon Invest $ 75,000 to continue Ferrymon Pursue legislative authority in 2005 for the wastewater loan program to allow a reduced interest rate (that is, 0% instead of the current 2.36%) for applicants which are coastal counties with stressed economies and which propose to clean up a wastewater discharge that flows directly to critical fisheries habitats in an estuary. Pursue legislative authority in 2005 to allow local governments to use SRF loans at a reduced rate of interest (that is, 0% instead of the current 2.36%) for stormwater pollution control projects that are or may alleviate a significant adverse effect on critical fisheries habitats in an estuary. Allow use of buffer credit payments for SRF loan repayments to provide financial incentives for local governments to initiate stormwater pollution control projects that will directly protect or restore critical fisheries habitats. (It may be possible to leverage at least $10 million from this fund with repayments from annual receipts.) Revise the stormwater BMP manual to update recommended practices for management of post-construction stormwater runoff. Work with the Department of Transportation to focus and prioritize some of DOT’s stormwater outfall mapping efforts on areas near critical fisheries habitats. Develop a comprehensive monitoring plan for the estuarine system by 2007 ALL GOALS: ACTIONS THAT WILL ADVANCE TWO OR MORE GOALS Have each DENR division and office include in its budget proposals for the next biennium (FY ‘05-’07) a request for the resources it will need to implement the recommendations of the CHPP.

LICENSE OFFICES CLOSURE DATE

NCDMF Licensing Sales offices will be closed on December 16th due to training and staff meetings. This includes the Wilmington, Wanchese, Elizabeth City, Washington and Columbia Offices.

We are sorry for any inconvenience this may have caused. If you have any questions please contact Jennifer Aniskoff at 252-726-7524.

Have a safe and happy Holiday Season!

CLOSURE OF ATLANTIC OCEAN TO AMERICAN SHAD HARVEST - REMINDER

Amendment 1 to the Atlantic States Marine Fisheries Commission (ASMFC) Interstate Fishery Management Plan for American shad mandates that the ocean intercept fishery close January 1, 2005. The ocean fishery in North Carolina has been progressively phased out since the year 2000, and this is the final year harvest is allowed.

The ocean intercept fishery harvests American shad from various spawning stocks along the east coast. The harvest of American shad from mixed stocks (another state's brood stock), combined with the potential of significant removal of fish that are part of a state's restoration efforts (stocking programs) were the main issues for the mandated closure. The ocean fishery has been progressively phased out since the year 2000, with 2004 the final year that harvest is allowed.

The commercial harvest of American shad from the internal waters of the state remains open from January 1 through April 14. For additional information contact Sara E. Winslow (252-264-3911 or 1-800-338-7805).

Date: December 7, 2004

MARINE FISHERIES COMMISSION ADOPTS COASTAL HABITAT PROTECTION PLAN

The North Carolina Marine Fisheries Commission unanimously adopted the Coastal Habitat Protection Plan at its meeting in Atlantic Beach Thursday.

"This commission has worked with the Coastal Resources and Environmental Management commissions since 1998, when the three commissions met together, to get this plan completed," Jimmy Johnson, MFC chairman, said. "All three of the commissions are to adopt the plan by the end of this year.

"We have heard clearly from commercial and sport fishermen that they want the plan's recommendations implemented to protect and restore the coastal habitats that produce the fish they catch. Now we need to get on with the tough decisions required to implement the plan. Implementation will be a high priority for this Commission for a long time to come."

Required by the Fisheries Reform Act of 1997, the CHPP was written by staff of the Division of Marine Fisheries under technical guidance of experts from several divisions of the Department of Environment and Natural Resources, including Marine Fisheries, Water Quality, Coastal Management, and Environmental Health, as well as the Wildlife Resources Commission.

The plan covers all the river basins that flow to North Carolina's coast. The law requires detailed information on the fish habitats, status and trends, threats to the habitats, and recommendations to address the threats. The plan's 19 recommendations were developed by a group of six commissioners (two from each of the three commissions that are to adopt the CHPP), who also reviewed the draft plan chapter by chapter over the last year.

Meetings were held with the public and various interest groups to obtain comments on threats and possible solutions in 2003, and on the draft recommendations in 2004. Changes were made to address those comments before submitting the draft plan at a joint meeting of the three commissions in September. During review this fall, the Commissions suggested some changes in the recommendations, which are included in the final plan. With completion of the plan, North Carolina becomes the first state in the Nation to take such a comprehensive approach to management of habitat for coastal fisheries resources.

The CHPP staff is working on final edits to the plan from comments by the Commissioners, the public, and scientific experts. The final plan will be available on the CHPP web site, under the Division of Marine Fisheries web site (www.ncfisheries.net), in early February 2005. For additional information, contact Mike Street at the Division of Marine Fisheries in Morehead City (1-800-682-2632 or 252-726-7021) or by e-mail at Mike.Street@ncmail.net.

December 6, 2004

Morehead City: MARINE FISHERIES COMMISSION REVISES OPTIONS FOR DRAFT SOUTHERN FLOUNDER FISHERY MANAGEMENT PLAN

The North Carolina Marine Fisheries Commission revised their preferred management options for the draft North Carolina Southern Fishery Management Plan at their meeting on December 2, 2004, at Atlantic Beach, NC.

The Commission selected the following measures concerning conservation of southern flounder:

1. A closed commercial fishing season from December 1 - December 31;
2. A 14-inch size limit, eight fish harvest limit for recreational fishermen;
3. A 14-inch size limit for commercial fishermen;
4. Persons using gigs recreationally must have a Recreational Commercial Gear License or other appropriate license;
5. Persons using large mesh gill nets (greater than or equal to 5 ½ inches stretched mesh) recreationally must attend their nets at all times;
6. Gill nets used to catch flounder must have a 5 ½-inch stretched mesh minimum size;
7. Flounder pound nets must have an escape panel 5 ½ inches or greater to let small flounder escape;
8. Commercial fishermen cannot use more than 3000 yards of flounder gill net;
9. Minimum distance of 1000 yards between old and new pound nets and a minimum distance of 500 yards between pound nets and gill nets in Albemarle Sound from August 15th - December 1st;
10. Minimum crab trawl tailbag mesh size of three inches in eastern Pamlico Sound and four inches in western Pamlico Sound;
11. Numerous research and habitat/water quality recommendations to address southern flounder.

The Commission also had voted to re-examine the status of southern flounder in three years rather than wait five years, which is allowed by law.

North Carolina develops fishery management plans for all commercially or recreationally significant species that occur in state waters. The plans specify what measures are needed to conserve North Carolina's fishery resources. This is the first fishery management plan prepared for southern flounder in North Carolina. Development of the Southern Flounder Fishery Management Plan began in the year 2000. A 15-member advisory committee, composed of recreational and commercial fishermen and scientists, helped with the preparation of the plan. In addition, numerous public meetings were held to discuss the Draft Fishery Management Plan.

Marine Fisheries Commission Chairman, Jimmy Johnson stated, "You could see anxiety on the faces of every commissioner and hear it in their debate. This was a very difficult decision to make. Ultimately, the commissioner's weighed the biological data and the socio-economic concerns and decided on a course that will rebuild the stock and, hopefully, maintain a viable commercial industry. The plan may not rebuild the stock quite as quickly as some would like, however, I believe the majority of the commission feel it is within the allowable legislative time frame."

Southern flounder is North Carolina's most economically valuable commercial finfish species, averaging approximately 4,000,000 lbs. annually and with an ex-vessel value up to $7,000,000 annually. The species is also a popular recreational fish. Southern flounder primarily inhabit brackish waters in North Carolina, but also occur in the ocean in the southern portion of our state.

The draft plan will be submitted to the Secretary of the Department of Environment and Natural Resources for review by the General Assembly.

For further information, contact Jess Hawkins at 252-726-7021 or Jess.Hawkins@ncmail.net.