Greenville, North Carolina
Jan. 9 - 10, 2001
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. All agenda items and motions are
highlighted. 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 (MFC) held a
business meeting on Jan. 9 - 10 at the Hilton in Greenville, North
Carolina. The meeting opened with an Invocation, from former DMF Director Connell Purvis, and a Roll
Call. Members were in attendance
when the meeting convened included:
Jimmy Johnson - Chairman, Norm Bradford, Willy Phillips, Mac Currin,
Robert Southerland, Rusty Russ, Dr. B.J. Copeland, and Bryan Gillikin. Dr. Barbara Garrity-Blake was in attendance
on Wed., Jan. 10.
Motion:
A motion was made to accept the minutes from the
last meeting – motion passed
unanimously.
Mr. Charles F. Tyson, Craven County Commissioner,
spoke against the petition from GoFishNC.com to require attendance of RCGL nets
at all times.
Jerry Schill, President of the North Carolina
Fisheries Association, recommended David Beresoff, Jodie Gay and Robert
Southerland’s names be submitted to fill the open seat on the South Atlantic
Fishery Management Council. He also
spoke about Amendment 1 to the ASMFC Atlantic Menhaden Plan, urging the MFC to
support the state’s menhaden industry and the recommendations of the MFC’s
Finfish Committee. He also spoke against the GoFishNC.com petition.
Robert Southerland spoke about undersized oysters brought in from out-of-state by shucking houses that are entering into the retail trade - the issue was referred to Shellfish Committee.
Mac Currin talked about the need to have the MFC and Fishery Resource Grant Committee ensure the full range of available data is being collected by projects funded through the Fishery Resource Grant Program. He also discussed conflict situations between surf and commercial fishermen along the Outer Banks – the issue was referred to Northeast Advisory and Finfish committees. Commissioner Currin also expressed concern about the definition of seines– the issue was referred to the Finfish Committee.
MFC Advisory and FMP Committees
Reports were given on all of the various committee
activities.
Motions:
A motion was made to give subject matter
notification regarding potential rule changes for establishing set opening and
closing times (rather than using sunrise and sunset) for weekend trawling
restrictions statewide and nighttime trawling restrictions and closures in
Brunswick County - motioned passed
unanimously. This issue came from the MFC’s Crustcean Committee.
Motion was made to approve a letter to Dr. Joseph
Desfosse, the Atlantic Menhaden Fishery Management Plan (FMP) Coordinator
commenting on Amendment 1 to the Atlantic Menhaden FMP – motion passed, which
includes supporting the status quo and not having a minimum coastwide mesh size
limit, not closing any additional areas, not adopting a minimum size limit for
menhaden and continuing to include industry participation on the Management
Board. This issue came from the MFC’s Finfish Committee.
Motion was made to send a letter to DENR Assistant
Secretary for Environmental Protection Robin Smith regarding the Mason’s Inlet
dredging project – motion passed unanimously. This issue came from the MFC’s
Habitat and Water Quality Committee.
Petition for Rulemaking- The
MFC discussed the petition from GoFishNC.com
to require attendance at all times for gill nets 5 ½ inches and larger used by
Recreational Commercial Gear License holders and reviewed comments from their
advisory committees and the public regarding the petition. The panel also reviewed and deliberated
regional management solutions since the dynamics of the various water bodies
along the coast are so diverse. The MFC considered requiring nighttime
attendance of large mesh RCGL gill nets below the Hwy. 58 Bridge to the S.C.
line, where the tidal variances were the most significant; but expanded the
geographical area to include Beaufort Inlet to the S.C. Line, including the
Newport River, because of concerns over the potential bycatch of red drum. The
MFC debated the best avenue to address this issue and considered sending the
issue to the Red Drum or Southern Flounder Fishery Management Plan advisory
committees for discussion, but in the end decided the best course of action was
to go through the rulemaking process of publishing subject matter notification,
scheduling hearings on the matter, and receiving addition public comment on the
issue.
Motions:
Motion was made to deny the GoFishNC.com petition –
a substitute motion was made to require attendance of all RCGL gill nets, at
all times, south of the Hwy. 58 bridge – substitute motion was amended to
require attendance of all RCGL gill nets, at all times, south of Beaufort
Inlet, including Newport River - motion
passed.
Motion made to accept the GoFishnc.com petition,
with the above geographical change – motion passed.
Motion was made to begin rule making process and
publish subject matter notification on required attendance, at all times, of 5
½ inch or greater RCGL gill nets south of Beaufort Inlet including Newport
River – motion passed.
George Hurst, with the Attorney General’s Office,
led a discussion about the Fishery Management Plan Guidelines and Processes. Further discussion, along with proposed
revisions to improve the planning process, is planned for the MFC’s March
meeting.
Motions:
Motion was made to support changing statute to
require that fishery management plans be reviewed every five years, rather than
revising the plans every three years, and mandating continuous review of the
operation and effectiveness of all FMPs – motion passed unanimously. This will require an amendment to the
Fisheries Reform Act.
Motion was made to make the review of the FMP for
the Albemarle Sound/Roanoke River stock of striped bass the next priority on
the FMP schedule, with a statewide striped bass plan to follow – motion passed unanimously.
DMF Director Pres Pate reviewed the following
topics:
Rule Suspension for Red Drum
Commercial Trip Limit – earlier this year, the DMF Director suspended
the commercial trip limit and implemented a five-fish-per-day commercial limit
by proclamation. The rule needs to be
resuspended at each subsequent MFC meeting until the rule change becomes
permanent.
Motion:
Motion was made to continue the commercial five-fish-limit per day for
red drum – motion passed unanimously.
Rule Suspension for
Commercial Minimum Size Limit for King Mackerel – earlier this year, the
DMF Director changed the commercial limit from 20” to 24” by suspending the
rule and implementing a new size limit by proclamation. The rule needs to be resuspended at each
subsequent MFC meeting until the rule change becomes permanent.
Motion:
Motion to continue the commercial size limit for
king mackerel at 24” – motion passed unanimously.
Budget – An update was given on how the budget shortfall that the state was experiencing
was effecting the DMF. To date, the DMF
has had to give up $536,000 or 5 % of total current budget to meet the
shortfall by delaying equipment purchases. It appears that further cuts will be
likely.
Eligibility Board Report – Overall,
since the beginning of the program, 1,987 applications have been mailed and 547
have been returned. Of those
applications 219 have been approved,
with 173 being denied. Approximately 100 files are in various stages of
processing.
Hurricane Grant Program – So
far, the program, which is in its final stages, has paid out approximately $6.3
million, with 1,258 checks being mailed to fishermen. There was discussion at the legislative level about using the
remaining $1 million in the program to compensate fish dealers. DMF records indicate that an additional $ 2
million would be needed to fully compensate these dealers.
Flounder Gill Net Fishery in
the Pamlico Sound – A workshop has been scheduled
in New Bern on Jan. 25 to exchange information on populations of sea turtles
along the east coast and how to protect these endangered and threatened
species, while maintaining traditional fishing activities in coastal waters.
DMF Director Pate briefly discussed that he, along with the DMF and MFC, are
being sued over the closure of the Gill Net Restricted Area in Pamlico Sound by
shallow-water gill net fishermen in Ocracoke. The complaint will be heard in
Hyde County Superior Court on a date yet to be determined.
Atlantic Ocean Flounder
Trawl Fishery – The
fall fishery concluded earlier than the previous two years because shrimp harvest did not last as long in 2000 and
fishermen switched over to floundering earlier. On the next to last day of the season, 250,000 pounds of flounder
were landed, causing N.C. to exceed its quota by 315,000 pounds, which will be
deducted from the 2001 quota. The DMF
has requested that NMFS carry forward the 1999 underharvest into the 2000
season, but it is unclear if NMFS will give the State any credit for the
underharvest. Discussions are underway
at the ASMFC level to address the issue of quota underharvest through fishery
management plan amendments.
Striped Bass – In the Albemarle Sound
Management Area, the 2001 commercial harvest of striped bass will remain a
bycatch fishery with a five fish per day harvest limit. The 2001 recreational
season will open Jan. 17 with four fishing days per week at two fish per day at
18” minimum – one of the DMF’s goals is to have the season open during the
Easter holidays. The DMF continues to
wrestle with management of the 325,000
pounds ocean commercial quota, which is divided between beach seiners,
gill netters and trawler. The DMF will
prepare an issue paper regarding this contentious management issue for consideration by the appropriate advisory
committee.
Joint Legislative Commission on Seafood and Aquaculture
– The next
meeting will be Jan.22, with a number of fisheries items on the agenda,
including the final draft Red Drum FMP, a
report on research needs required to estimate the affects of trawling in
inshore waters, and review of draft legislation to change the expiration dates
of the MFC slots to make them staggered and eliminate sunset provisions in the
Fisheries Reform Act.
Staff Changes – Craig
Hardy has been named as chief of the Resource Enhancement Section. Also, a
number of vacant Marine Patrol positions have been filled - new officers are Jimmy Palyor in Carteret
Co., David Morris in Beaufort Co. and
Curt Woolston, Jeff Moore and Brian Long who are all stationed on the patrol
vessel Roanoke.
Updates were given on the activities of the following groups:
A discussion was held regarding efforts by the ASMFC to initiate measures to manage weakfish as a recovered stock. In that context, the DMF requested support of the MFC in establishing an experimental permit process to examine a limited flynet fishery south of Cape Hatteras in order to conduct characterization/bycatch studies with the commercial industry participation.
Motion:
Motion was made to submit the names of Jodie Gay, David Beresoff and Robert Southerland
to Gov. Easley – a substitute motion was made to submit the three names with Jodie
Gay as the preference – motion passed.
Dr. Dave Eggleston and Eric Johnson of N.C. State University, gave a presentation
on their Blue Crab Stock Assessment and Population work.
George Hurst, with the Attorney General’s Office,
gave a presentation on the proposed Violation Point System and reviewed
recommendations and advice received from the various advisory committees on the
issue.
Motion was made to adopt all permanent rules with
recommended changes taken to the most recent round of public hearings on the
following issues:
Permits (scientific or educational collection,
aquaculture collection, mechanical methods for shellfish on leases or
franchises)
Pound Nets
Crab Pot User Conflicts
Spanish Mackerel Creel Limits
Recreational Commercial Gear License
– motion passed unanimously.
Motion was made to approve Horseshoe crab harvest
limit of 500 crabs per day – motion passed unanimously.
Motions:
Motion was made to make it unlawful to possess more
than three king mackerel per person per day without a valid King Mackerel
Permit and prohibit the use of gill nets to target king mackerel south of Cape
Lookout to compliment SAFMC rules in the EEZ – motion passed unanimously.
Motion:
Motion made to establish a 14” size limit for red
porgy, make it unlawful to possess more than one red porgy per person per day
without a valid Federal Commercial Snapper-Grouper permit, make it unlawful to
possess more than one red porgy per person per day or sell red porgy from Jan.
1 – April 30 and establish a commercial trip limit of 50 pounds of red porgy
from May 1 – Dec. 31 – motion passed
unanimously.
Motion made to approve license renewal temporary
rules to simplify renewal process for licenses – motion passed
unanimously.
Subject Matter Notice (potential rule changes the MFC is considering)
Motions:
A motion was made to give subject matter
notification regarding potential rule changes for establishing set opening and
closing times for weekend trawling restrictions statewide and nighttime
trawling restrictions and closures in Brunswick County - motion passed unanimously.
Motion was made to begin rule making process and
publish subject matter notification on required attendance, at all times, of 5
½ inch or greater RCGL gill nets south of Beaufort Inlet including Newport
River – motion passed.
2001 Meeting Schedule
Feb. 2 - Planning Meeting with Advisors – Greenville
March 12 – Public Hearing - Jacksonville
March 28 – Public Hearing – Dare County
March 29 & 30 – Business Meeting – Dare County
June 7 & 8 – Business Meeting – New Bern
August 16 & 17 – Business Meeting – Wilmington
October 4 & 5 – Business Meeting – Morehead City
December 4 & 5 – Business Meeting – To Be
Announced