THE MFC ADVISOR
Marine Fisheries
Commission Business Meeting
Wilmington, North
Carolina
May 22 - 23, 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 May 22 – 23 at the Holiday Inn in Wilmington, North Carolina. The meeting was called to order followed by an invocation. 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 Norm Bradford. Bradley Styron was excused from the meeting.
Motion:
Motion was made to accept the minutes from the last meeting – motion passed unanimously.
During the Public Comment Period, South Atlantic Fishery Management Council member and former MFC commissioner, Robert Southerland spoke about a legislative proposal (HB-758) to prohibit trawling in the Intracoastal Waterway in New Hanover and Brunswick counties. Southerland urged the MFC to move the Shrimp Fishery Management Plan (FMP) to a higher priority, because the shrimp fishery needs help. Southerland also asked the MFC to quickly approve the rules to run the federal disaster relief program for shrimpers.
Jerry Schill, Executive Director of the North Carolina Fisheries Association, submitted written comments opposing Rep. Bonner Stiller’s bill (HB-758).
Division of Marine Fisheries Director Pres Pate talked about meetings the division held to gain input from fishermen on the proposal to distribute $4.88 million in federal disaster relief funds to offset losses in the shrimp industry due to excessive foreign imports. The meetings were well-attended and no objections were raised to the state’s proposal. Letters will go out to vessel owners in early June to verify 2002 landings and hopefully, the money will be distributed in August.
Chairman’s Report:
The following dates were set for upcoming MFC hearings:
127 Cardinal Drive
Research
Building IV, Room 2600
Raleigh
Manteo
June 26 Duke
Marine Lab Auditorium
Piver’s Island
All meetings begin at 7 p.m.
The following individuals were appointed to advisory committees:
Inland – Jimmy Nobles resigned. This vacancy may be hard to fill because it is the commercial
slot in an area where there are not many commercial fishermen.
Dogfish Letter – A letter was drafted to Vince O’Shea, Executive Director of the Atlantic States Marine Fisheries Commission, outlining the MFC’s concerns regarding the north/south boundary for the Dogfish FMP, asking for a state-by-state quota and expressing the intent of North Carolina fishermen to start fishing for dogfish on Jan. 1, 2004.
Motion:
Motion was made to send the dogfish letter as written to the ASMFC - motion passed unanimously.
SAFMC Nomination – Governor Easley send a letter to NOAA Fisheries advising that the slate of candidates for North Carolina’s at-large seat on the South Atlantic Fishery Management Council was being revised due to the death of Wayne Lee. Mac Currin, Brian Gillikin and Tyler Stone were nominated without preference.
Summer Flounder Letter – A letter was sent to ASMFC regarding the summer Flounder FMP – Amendment 8 and the treatment of the recreational fishery.
Business Meetings- The next MFC business meeting was moved from July 24 – 25 to Aug 19 – 20 due to a scheduling conflict.
Commissioners also discussed only having four business meetings in 2004, rather than six meetings a year.
A special business meeting via conference call may have to be scheduled to approve rules to administer a federal aid program to compensate crabbers for reduced harvest and sales.
A letter had been sent to N.C. Attorney General Roy Cooper from MFC Chairman Johnson and DMF Director Pate asking for a formal opinion on the shellfish gardeners’ request to allow cultivation and harvest of oysters from cages placed under piers.
Motion:
Motion was made to support request for a formal opinion from the Attorney General – motion passed unanimously.
Shrimp Trawl Ban Discussion – MFC Chairman Johnson, DMF Director Pate and DMF Southern District Manager Rich Carpenter met with Representatives Bonner Still and Danny McComas to talk about the bill they introduced to ban shrimp trawling in the Intracoastal Waterway in Brunswick and New Hanover counties. The conversation focused on the number of Recreational Commercial Gear License holders using trawls in this area, the need to make the Shrimp FMP a greater priority, bycatch and managing shrimp for optimal market conditions. The group also talked about funding a trawling study that had been recommended during the last few years.
Motion:
Motion was made to send a letter to Representatives Stiller and McComas informing them of research and studies that have been done relative to bycatch and trawling and letting them know the MFC will review the priority order for the Shrimp FMP – motion passed unanimously.
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.
Reports were given on all the various MFC and FMP committee activities. Following are action items or motions resulting from these reports:
Motions:
Motion was made to send letter to Department of Environment and Natural Resources Secretary Bill Ross asking for denial of permit for a development on Eastman Creek in Carteret County that would have 165 houses, along with access piers and boat slips. Eastman Creek is a Primary Nursery Area and a development of this nature would degrade its utility as a nursery area – motion passed unanimously.
A letter was sent to DENR from the co-chairs of the Water Quality and Habitat Committee regarding potential rules on the impervious surface threshold. The letter stated that the existing threshold of 25 percent needs to be lowered to 10 percent, no more than 12 percent depending on the property.
Motion was made to send a letter to DENR from the full MFC supporting the letter sent by the co-chairs of the Water Quality and Habitat Committee regarding the need to lower the impervious surface threshold – motion passed unanimously.
A presentation was given by the DMF on a Proposed Alternative to the Use of Maximum Sustainable Yield in the Fisheries Reform Act.
Petition for Rulemaking - Spooners Creek
Attorney George-Ann Peal spoke on behalf of her clients in Spooners Creek, who have asked that commercial fishing be banned due to conflicts between the residents and the fishermen. The attorney also said if a total closure was not possible, would the MFC consider closing the area from May – November. The creek is already closed at nighttime during this time period by proclamation to try and resolve some of the problems; however, the nighttime closure has only been in effect for a few weeks but appears to be working well.
Motion:
Motion was made to initiate rulemaking on the petition with two options – 1) Put the nighttime closure into rule or 2) Develop language for a full closure. By moving forward with these two options the MFC will have the flexibility to act more quickly if the problem persists – motion passed 4 to 3.
TEMPORARY RULES
Motion:
Motion was made to approve temporary rules to administer federal disaster relief for the shrimp industry to offset economic losses suffered in 2002 due to depressed market prices caused by foreign imports – motion passed unanimously.
SUBJECT MATTER NOTIFICATION (potential rules the
MFC is considering)
Motion:
Motion was made to approve subject matter notification for tautog, mechanical methods to take oysters, oyster sanctuaries and commercial fishing in Spooners Creek – motion passed.
Presentations were given by the DMF on the public outreach strategy and submerged aquatic vegetation.
Results were given by the DMF on the first-ever report on our recreational commercial gear license community. Highlights of the comprehensive report show in 2002 RCGL fishermen made 176,788 fishing trips, landing 1,016,319 pounds of seafood. Spot was
the most abundant harvest, followed by blue crab, shrimp, flounder and striped mullet. Gill nets, crab pots, and shrimp trawls were the most frequently used gears.
The top-five RCGL seafoods harvested in 2002 by weight were:
Species Pounds
Spot 339,077
Blue crab 133,421
Shrimp 101,325
Flounder 98,396
Striped mullet 62,990
This data will help refine our management of recreational fisheries by giving us more complete harvest information.
Fisheries Resource Grant Presentation on Shrimp and Crab Trawling Impacts on Estuarine Soft Bottom Organisms
Dr. Larry Cahoon of University of North Carolina in Wilmington gave a report on his three-year study on the short-term impacts of trawling on benthic microalgae, demersal zooplankton and macrobenthos. Findings of the research show in most cases there are no significant effects from trawling on soft sediment organisms.
Division of Marine Fisheries Director’s Report
Budget – There are no proposed reductions and at this time the DMF does not expect any major reductions.
Legislative Update –
-Instantaneous proclamation authority for quota fisheries was approved;
-Coastal Habitat Protection Plan deadline was extended until Dec. 31, 2004;
-Oyster and Clam Fishery Management Plan recommendations was referred to Seafood and Aquaculture ;
-Method to quantify recreational shellfish harvest was referred to Seafood and Aquaculture;
-Core Sound shellfish leases were capped at 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.
Crab Aid- North Carolina will receive $1.9 million in federal disaster relief for the crab industry to offset reduced harvest and sales of blue crab. DMF staff are currently working on a proposal to administer this program.
Striped Bass –Updates were given on the various seasons and quotas. Approximately 1,000 fish were tagged on the spawning grounds and 25 percent were over 27 inches in size – the largest fish DMF has ever seen during the tagging program.
River Herring – Most of the spring harvest was alewife. Juvenile studies show few young fish.
Flynet Study – DMF was unable to get any characterization tows for the flynet study south of Hatteras, due to lack of participation from fishermen. Staff is unsure if NMFS will reissue the permit for next year.
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:
Aug. 19-20 Raleigh
October 2-3 Morehead City
November 18-19 Kill Devil Hills