THE MFC ADVISOR

 

Marine Fisheries Commission Business Meeting

Kill Devil Hills, North Carolina

October 11-13, 2004

 

 

The Marine Fisheries Commission (MFC) and the Division of Marine Fisheries (DMF) 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.

 

MEETING SUMMARY, MOTIONS AND RULEMAKING

 

The MFC held a business meeting October 11-13 at the Clarion Hotel in Kill Devil Hills, North Carolina.  The business 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, Charlie Adams, Dr. B.J. Copeland, Mac Currin, Dr. Barbara Garrity-Blake, Rusty Russ, Tilman Gray and Bradley Styron attended the meeting on October 13, 2004.

 

Motion:

Motion was made to accept the minutes from the last meeting – motion passed unanimously.

 

Comments during the public meeting on October 11th and during the public comment period on October 12th were made by:

 

Jerry Schill – encouraged caution in using models when doing fishery management plans, drawing comparisons with models that track hurricanes.  He said if the MFC’s only concern is the fish, then they should stop all fishing.  Mr. Schill said the MFC had an obligation to consider the issues raised at the socio / economic workshop and to publicize the workshop.

 

Bill Mandulak- representing the Coastal Conservation Association, (CCA) expressed support for an eight fish bag limit, 14-inch size limit and a commercial seasonal closure that would allow recovery of the southern flounder stock.  He expressed concerns about the depressed river herring population.  He stated that the red drum commercial fishery should continue as a bycatch fishery.  He also supported eliminating high grading striped bass in the Atlantic Ocean commercial fishery.

 

Willie Etheridge- expressed a desire to have a summary of the socio-economic workshop. 

 

Chris Elkins- stated that he supported immediate regulations on southern flounder.

 

Robert McBride- stated that the number of pound nets have declined during the years 2000 thru 2003.  He stated that the Hatteras area had 1/5th of the pound net effort it did in 2000.

 

Dewey Hemilright- expressed concerns about chemically treated yellowfin tuna marketed in North Carolina.  He feels the state needs to educate the public about the difference between fresh and chemically treated tuna.  He stated that North Carolina is the number one state landing yellowfin tuna.

 

James Fletcher- advocated changing the rules that apply to the license to land flounder, allowing licenses to be pooled for trip limits.  He also spoke in support encouraging aquaculture, shifting harvest strategies away from larger fish and also expressed concern about estrogen and heart medication effecting water quality and the cycles of fish.

 

Terry Pratt- representing the Roanoke Wildlife Club, spoke in opposition to the salt-water recreational fishing license.  He also spoke, representing himself, about the abundance of river herring in the Albemarle Sound, saying they were more abundant than DMF data indicated.

 

Duke Spencer – suggested having a blanket charter boat salt-water fishing license.  He spoke against the $1.00 seven-day license.  He also requested that a seven-day hook and line season for striped bass in Albemarle Sound.

 

Michelle Duval – encouraged MFC to be a strong advocate for the Coastal Habitat Protection Plan, (CHPP).

 

 

Chairman’s Report

 

Recognition of MFC Commissioner Norm Bradford – Chairman Johnson presented a plaque of appreciation to Norm Bradford, former MFC commissioner for his contributions towards conservation of the fishery resources of North Carolina.  Commissioner Bradford expressed his gratitude towards fellow commission members and DMF staff.

 

2005 Meeting Schedule –

Feb 3, 4

April 21, 22

June 28, 29

Aug 30, 31

Nov 17, 18

 

Primary Nursery Area Rule Suspension Mallard Bay  - MOTION TO SUSPEND PRIMARY NURSERY RULE (MALLARD BAY) MOTION PASSED WITHOUT DISSENT

 

 

Draft Blue Crab FMP Update - plan will be submitted to Secretary of the Department of Environment and Natural Resources.

 

Status of Stormwater Rules Legal Complaint – will file amicus brief shortly.

 

MFC Committee Assignments – Commissioner Charlie Adams will be co-chair of the Crustacean Committee.

 

MFC Rules Update – southern flounder temporary rules are effective. Rules restricting oyster mechanical harvest to depths generally greater than six feet in the bays and Striped Bass FMP rules will be effective November 1, 2004.

 

Dogfish Compliance Advisory Panel – applications are being accepted now.  This panel of advisors will advise whether the MFC should comply with Atlantic States Marine Fisheries Commission (ASMFC) dogfish measures.

 

River Herring FMP Advisors – letters have been sent to former River Herring FMP committee members to determine if they want to continue serving.

 

Voting Privileges of Advisors Who Serve on MFC, FMP and Regional/Standing Committees – the MFC decided to continue to allow advisors that serve on both FMP and standing / regional committees to vote on each committee.

 

Caswell Beach Resolution on Menhaden – the MFC reached consensus to send a letter to the town replying to their resolution, with no regulatory action.

 

Reports were given on all the various MFC and FMP committee activities.

 

Habitat and Water Quality –

 

Motion – TO SEND A LETTER TO THE ARMY CORPS OF ENGINEERS REGARDING LOCK AND DAM NO. 1, 2 AND 3, MOTION PASSED UNANIMOUSLY.

 

 

Shellfish Committee – decided to continue pursuing the Oyster FMP amendment #2 for review.

 

Motion: TO SEND OYSTER FMP AMENDMENT 2 TO REGIONAL COMMITTEES FOR REVIEW.  MOTION PASSED WITHOUT DISSENT.

 

The MFC discussed whether to perform two studies allowed by statutes on corporate leases and lease pools.  The two issues were recommended by the MFC Shellfish Committee and later endorsed by the MFC to be addressed by the General Assembly.

 

 

Motion: BJ COPELAND MADE A MOTION TO WRITE A LETTER TO THE JOINT LEGISLATIVE COMMISSION ON SEAFOOD AND AQUACULTURE SAYING THERE IS NO NEED TO DO THE STUDIES.  SECONDED BY BRYAN GILLIKIN.  MOTION PASSED WITHOUT DISSENT.

 

 

Finfish Committee – The MFC discussed at length managing the Atlantic Ocean striped bass beach seine fishery.  A draft proclamation was endorsed which would define beach seines like the seines traditionally used in the fisheries.

 

Motion:  MAC CURRIN TO ENDORSE THE DRAFT BEACH SEINE PROCLAMATION.  SECONDED BY CHARLIE ADAMS.  MOTION PASSED 6-1.

 

Northeast Committee – The Northeast Committee had passed a motion asking the MFC to pursue pay equalization for DMF’s biologists and technicians.  CONSENSUS - The MFC agreed by consensus to send a letter to the Secretary of the Department of Environment and Natural Resources.  The Northeast Committee had also requested that the MFC continue to pursue the establishment of a violation point system.  CONSENSUS - The MFC agreed by consensus to send a letter to the Joint Legislative Commission on Seafood and Aquaculture asking them to continue to pursue the violation point system.

 

Conservation Fund Committee – Discussed uses of monies in the MFC Conservation Fund.

 

Motion: BY MAC CURRIN TO AUTHORIZE THE DMF TO SPEND UP TO $13,000 TO REPRINT THE ANGLING GUIDE.  SECONDED BY BRYAN GILLIKIN.  MOTION PASSED WITHOUT DISSENT.

 

 

 

·         The MFC received a presentation from the DMF on the Pamlico Sound gill net restricted area monitoring.

 

·         The MFC discussed potential priorities for the Coastal Habitat Protection Plan (CHPP), which has been drafted to protect fisheries habitat.

 

 

·         The MFC discussed increasing the commercial harvest limits for red drum.  They decided to wait for the Red Drum FMP revision that is slated to begin in July 2005 before considering modifying harvest limits.  The division will perform a stock assessment in 2005.  The ASMFC does not plan to do a stock assessment until 2008.

 

·         The MFC received the 2003 stock assessment for the striped bass in Albemarle Sound.  The stock has recovered and over-fishing is not occurring.  Gill net discards remain relatively high during January – April and December, primarily from small mesh nets.

 

 

·         Dewey Hemilwright presented concerns on federal shark management off North Carolina.  He and other shark fisherman asked the MFC for help in addressing proposed NMFS shark management measures.

 

 

 

 

 

 

 

Mediation Policy – The MFC adopted a conflict mediation policy as a means to address social conflict

 

Motion: TO ADOPT MEDIATION POLICY, INCLUDING ANY MODIFICATIONS, TO BE INCLUDED IN BYLAWS BY BARBARA GARRITY-BLAKE, SECONDED BY TILMAN GRAY.  MOTION PASSED, WITH MAC CURRIN ABSTAINING.

 

The MFC discussed adopting a resolution to support funding mediation to solve social conflicts.

 

 

 

 

 

 

 

Motion: BY BARBARA GARRITY-BLAKE, SECONDED BY TILMAN GRAY, TO ADOPT MEDIATION RESOLUTION SEEKING FUNDING.  MOTION WAS DEFEATED 2-6.

 

Sustainable Harvest – The MFC received an overview on changes to the Fisheries Reform Act relating to over-fishing and sustainable harvest.

 

 

Draft Southern Flounder FMP – The MFC discussed and selected their preferred management options.  Southern Flounder FMP Advisory Committee (AC) co-chair Owen Lupton, explained the AC’s position on the major management issues.  Co-chair Joe Shute found out he could not attend the meeting the day before.  The draft FMP goes to the Secretary of the Department of Environmental and Natural Resources for submittal to the Joint Legislature Commission on Seafood and Aquaculture for review.  The draft FMP would then go back to the MFC for adoption.

 

Optimal Yield -

 

Motion: BY BJ COPELAND - 5 1/2” STRETCHED MESH ON GILL NETS; 5 3/4” STRETCHED MESH ESCAPE PANEL ON POUND NETS; 1000 YD DISTANCE BETWEEN NEW AND EXISTING POUND NETS; 200 YD DISTANCE BETWEEN GILL NETS AND POUND NETS (EXCEPT FROM AUG 15 - DEC 1, FIVE HUNDRED YARD DISTANCE BETWEEN GILL NETS AND POUND NETS IN ALBEMARLE SOUND); RECREATIONAL AND COMMERCIAL FISHING CLOSURE PERIOD FROM DEC 1 - MAR 31; 8 FISH BAG LIMIT FOR REC; 14” SIZE LIMIT FOR REC; 3000 YD LIMIT ON GILL NETS; REVISIT STOCK STATUS IN 3 YEARS.  SECONDED BY BRYAN GILLIKIN.  MOTION PASSED 5-4.  THE CHAIRMAN VOTED IN OPPOSITION TO THE MOTION. 

 

Gigs –

 

Motion: BY BRYAN GILLIKIN TO REQUIRE GIGS TO HAVE RCGL OR OTHER APPROPRIATE LICENSE.  SECONDED BY BJ COPELAND.  MOTION PASSED WITHOUT DISSENT. 

 

Attendance of Large Mesh RCGL Gear –

 

Motion - BY MAC CURRIN TO REQUIRE ATTENDANCE OF LARGE MESH RCGL GEAR AT ALL TIMES.  SECONDED BY RUSTY RUSS.  MOTION PASSED 5-3. 

 

 

 

 

Protected Resources –

 

Motion - BY RUSTY RUSS, SECONDED BY BJ COPELAND TO ESTABLISH A STAKEHOLDERS GROUP TO ADDRESS INTERACTIONS AND MANAGEMENT BETWEEN LARGE MESH ESTUARINE GILL NETS AND HIGH PROFILE SPECIES.  MOTION PASSED WITHOUT DISSENT.

 

Shrimp Trawl Bycatch -

 

Motion - BY BJ COPELAND, SECONDED BY TILMAN GRAY TO ENDORSE RESEARCH RE SHRIMP TRAWL BYCATCH AND THAT THE SHRIMP FMP ADDRESS FLOUNDER DISCARDS.  MOTION PASSED WITHOUT DISSENT.

 

 

Crab Trawls –

 

Motion - BY MAC CURRIN TO ENDORSE 4-INCH TAILBAG IN CRAB TRAWLS STATEWIDE.  SECONDED BY CHARLIE ADAMS.  MOTION DEFEATED 5-4.  (CHAIRMAN VOTED TO BREAK TIE TO REMAIN CONSISTENT WITH BLUE CRAB FMP)

 

 

Motion - BY BRYAN GILLIKIN, SECONDED BY BRADLEY STYRON TO ENDORSE 4 IN TAILBAG ON WESTERN PART OF SOUND, 3 IN ON THE EASTERN SIDE IN CRAB TRAWLS.  MOTION PASSED 5-3. 

 

 

Pot Bycatch  –

 

Motion - TO ENDORSE RESEARCH TO TEST THE FEASIBILITY OF USING BIODEGRADABLE PANELS AND THE EFFECTIVENESS OF FLATFISH EXCLUDERS IN POTS BY BJ COPELAND, SECONDED BY BRYAN GILLIKIN. MOTION PASSED WITHOUT DISSENT.

 

 

Stock Enhancement –

 

Motion - BY MAC CURRIN, SECONDED BY BJ COPELAND TO NOT ENDORSE FUNDING FOR PILOT RESEARCH ON THE FEASIBILITY OF SOUTHERN FLOUNDER STOCK ENHANCEMENT AT THIS TIME.  MOTION PASSED WITHOUT DISSENT. 

 

 

Environmental Factors - 

 

Motion – BY BARBARA GARRITY-BLAKE, SECONDED BY RUSTY RUSS TO ENDORSE THE HABITAT PROTECTION MANAGEMENT MEASURES.  MOTION PASSED UNANIMOUSLY.

 

 

Send Flounder FMP To The DENR Secretary –

 

Motion - TO SEND FLOUNDER FMP TO THE DENR SECRETARY BY BRYAN GILLIKIN, SECONDED BY BJ COPELAND.  MOTION PASSED 5-3. 

 

 

 

Provisional Measures – consensus not to implement provisional measures for the Southern Flounder FMP.

 

 

 

Preston Pate – updated MFC members on progress the DMF has made on implementing a saltwater recreational fishing license.  Representatives of the winter flounder trawl fishery have asked to be allowed to combine licenses to land flounder on a single vessel and then allow those vessels multiple trip limits.  The DMF agreed to survey holders of a license to land flounder to determine their preference.

 

Atlantic States Marine Fisheries Commission – the ASMFC is examining options on allocation of summer flounder to the states.  The ASMFC will hold three meetings in N.C. to discuss the options.

 

Mid-Atlantic Fishery Management Council – the Council adopted a trip limit of 1,500 lbs of male dogfish, with a four million pound quota for 2005 / 2006.  The ASMFC currently has trip limits of 600 lbs (spring / summer) and 300 lbs

(fall / winter) Jimmy Ruhle, Wanchese NC, received the 2004 national Fisherman’s Highliner of the Year Award.  North Carolina’s summer flounder commercial quota will be 4.9 million lbs before adjustments.  The total allowable landings of summer flounder for the Atlantic seaboard for 2005 will be 30.0 million lbs., an increase of 2.1 million lbs over 2004 values.

 

South Atlantic Fishery Management Council – the Council will consider amending the Shrimp FMP to require a permit to shrimp in the Exclusive Economic Zone  (EEZ).  The Council is considering significant reductions in harvest of black sea bass to conserve the stock.  Reduction in vermilion snapper harvest is also being considered.

 

Highly Migratory Species – bluefin tuna harvest is way behind what harvest was last year at this time.  The South Atlantic is hopeful it will receive a quota equal to or exceeding last year’s amount.

             

Meeting Adjourned.

 

MFC Meetings for 2004:

Dec. 1-3                      Morehead City