THE MFC ADVISOR
&nb=
sp;
Marine F=
isheries
Commission Business Meeting
Ocracoke, North Ca=
rolina
November=
15-16,
2007
The Marine Fisheries Commission and the Division of Ma=
rine
Fisheries continue to look for ways to keep committee advisors and the publ=
ic
informed about commission activities.
It is our intent to publish the MFC Advisor after each business meet=
ing,
summarizing the meeting, and providing a list of motions and rulemaking
proceedings. Hopefully this
bulletin will keep you better informed about commission activities. Your comments regarding this updat=
e 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 MFC held a business meeting November 15-16 at the
Community Center in Ocracoke,
North Carolina. The followi=
ng
members were in attendance: <=
st2:title
w:st=3D"on">Dr. B.J.=
Copeland -Vice Chairman, Da=
vid
Beresoff, Dr. Barbara Garrity-Blake,
Mikey Daniels, Dr. Jim
Leutze, Rusty
Russ, Bradley
Styron and Marshall Williford.
Mac Currin - Chairman, was unable to attend the meeting due to illness. This was Dr. Garrity-Blake’s
last meeting.
Motions and Actions
The agenda was
approved by consent for the November 2007 MFC business meeting with the
addition of a discussion about extending the pound net season for flounder
under the Chairman’s Report and delay of the Public Comment Period du=
e to
problems with the ferry schedule.
Motion by Dr. Jim =
Leutze to approve the summary of the September 2007 MFC
business meeting, seconded by Rusty
Russ – motion passed 6=
to 1.=
Issues from Commissioners
Rusty
Russ wanted to make the MFC =
and
the DMF aware that due to differing size and bag limits between North Carolina and South
Carolina for various species there could be poten=
tial
law enforcement conflicts in the Little River Inlet. DMF Di=
rector
Dr. Louis D=
aniel
said he would look into the matter.
Dr.=
Jim Leutze<=
/st2:Sn>
wanted to have a discussion about spiny dogfish and was advised that topic
would be discussed under the Mid-Atlantic Fishery Management Council report=
.
Dr.=
Jim Leutze<=
/st2:Sn>
also talked about the effect of sea level rise and asked the DMF to prepare=
a
presentation speculating what impact sea level rise would have on fish stoc=
ks.
Dr.=
Barbara Gar=
rity-Blake
wanted to make the MFC aware that there was a group from New Bedford, Conn.
calling for congressional hearings on climate change and it’s effect =
on
fish regulations and assessing the impacts.
Marshall
Williford wanted to make sur=
e the
MFC received the latest assessment of juvenile river herring and was advise=
d there
would be a herring update later in the meeting.
Chairman’s Report
New Advisors - The following new adv=
isors
were named to advisory committees:
Doug
Wakeman – Habitat and =
Water
Quality
Tom
Burgess – Habitat and =
Water
Quality
Johnny
Midget – Southeast
Paul
Bruno – Central
Action Update - The following actions were reported:
- Virginia sent a
letter stating beginning 2008 they would no longer allow any herring
harvest in water bodies that drained into North Carolina.
- The
ASMFC is preparing a public information document on river herring as a
response to coast wide concerns about negative stock indicators and low
landing levels. Go to http://www.asm=
fc.org/
and click on Public Input to view the document.
- The
DMF convened a Herring Workshop on October 30 for various research gro=
ups
and management agencies to meet to focus research needs.
- The
coast wide quota for spiny dogfish was increased to 8 million pounds.<=
/li>
Farewell - Dr.
Barbara Gar=
rity-Blake
was not reappointed to the MFC and this was her last commission meeting. She was presented with a plaque fr=
om the
MFC thanking her for her many years of service.
Pound Net Season Extension - The MFC held a discussion=
about
the possible extension of pound net season for southern flounder. Fishermen who came to the MFC publ=
ic
meeting on November 14, along with many others who had contacted the DMF and
MFC prior to the meeting, said they were unable to catch flounder during the
designated harvest period because the flounder had not started moving due to
warm water temperatures. In addition, excessive amounts of animal grass
(sauerkraut bryozoan) had clogged the nets.
DMF Director Louis
Daniel said that they should=
not
take this possible action lightly because the Southern Flounder FMP that ca=
lled
for the season closure on Dec. 1, had stressed there would be good years and
bad years relative to catch rates. The FMP was designed to conserve Southern
flounder but still give fishermen an opportunity to catch fish. He outlined the pros and cons of
extending the season.
There was also discussion about the market factors and=
not
wanting to drive down the price of flounder when the trawl season opens lat=
er
in the year and the impact of the closure of the deep-water, large-mesh gill
nets in Pamlico Sound.
Bradley
Styron recused himself from =
any
votes on this issue.
Motion by Dr. Jim Leutze for the
DMF director to extend flounder pound net season to December 14, 2007 via
proclamation authority, seconded by Marshall Williford - motion passed 6
– 0, with one recusal.
There was then di=
scussion
that this measure left out gill nets, which were also impacted by weather a=
nd
animal grass. David Beresoff
said he would also recuse himself from any further votes on this issue if g=
ill
nets were included.
=
Motion by Dr.
Jim Leutze<=
/st2:Sn>
to reconsider the previous flounder pound net motion, seconded by Mikey Daniels – motion passed 5 – 0, with two
recusals.
Motion by Dr.
Jim Leutze
for the DMF director to extend commercial Southern flounder season to December 14,=
2007
via proclamation authority, seconded by Marshall Williford
- motion passed 5-0, with two recusals.
Committee Recommendations
The MFC received reports and updates from all of its
advisory committees that met during September and October.
Motion by Rusty Russ to approve the 2006-2007 Coastal
Habitat Protection Plan (CHPP) Annual Report, seconded by Dr. Barbara
Garrity-Blake – motion passed 7-0.
There was discussion about the need to publish a newsp=
aper
insert containing the new CHPP report and implementation schedule, which wo=
uld
cost about $20,000. The N.C.
Coastal Federation had offered to pay half and it was hoped the remaining m=
oney
could come from the MFC’s Conservation Fund.
<=
/p>
Motion by Dr. Barbara Garrity-B=
lake
to recommend the MFC Conservation Fund Committee use $10,000 of available M=
FC
Conservation Fund Committee money to publish the 2006-2007 CHPP Annual Repo=
rt,
with the implementation schedule, seconded by Dr. Jim Leutze – motion
passed 7-0.
Motion by Dr.
Barbara Garr=
ity-Blake
for the MFC to send a letter to DENR Secretary B=
ill
Ross regarding “Inner Banks”
development, seconded by Jim
Leutze – motion passed=
7-0.
The MFC was reminded the EMC was going to be voting on=
their
storm water rules in January and the commission needed to remain strong in =
its
support of these important measures.
The co-chairs of the Habitat and Water Quality Advisory
Committee, Dr. B.J.Copeland and Dr. Barbara Garrity-Blake, presented Mike
Street with a resolution from their committee in recognition of his pending
retirement from the DMF, thanking him for his 38 years of service to the
state. A plaque from the MFC =
also
recognizing Mr. Street’s
contributions to North Caroli=
na
was presented.
Public Comment
At this point in the meeting the public comment period=
was
held. The following individuals addressed the MFC:
Kelly
Schoolcraft – He s=
aid he
appreciated commissioners bringing forward the issue of climate change beca=
use
it does have an impact on our fisheries.&n=
bsp;
He also stated the need for a year-round fishery for king mackerel to
keep our fishermen working. H=
e also
felt it was not fair to let one state get the advantage over another state =
on
snapper-grouper.
Mr.=
Schoolcraft also said he tho=
ught
striped bass permits were a step in the right direction, but felt it was too
little, too late. He said limited entry was needed because there were too m=
any
fishermen for open participation.
Chris Elkins, Coastal Conservation Associati=
on of
N.C. – He said oyster dredging was a destructive fishing practice=
and
needed to be phased out and that recreational fishermen would support CRFL
funding being used for habitat restoration. He distributed a handout to the=
MFC
outlining this position.
Sean
McKeon, NCFA R=
11;
Thanked the MFC for their action on expanding the flounder pound net season=
and
said he felt the absence of the MFC chairman allowed that process to take
place.
He cautioned the MFC to be aware that there was a move=
to
have loggerhead sea turtles moved from threatened to endangered and if this=
did
happen, it would have a huge impact on fishermen.
He then said there were many problems with the upcoming
presentation the MFC was going to receive on Limited Access Privilege Progr=
ams
(LAPPs) by Dietmar
Grimm of the Redstone Group.=
He ended his comments asking the MFC to think seriously
about allowing the MFC chairman to also serve on the South Atlantic Fisheri=
es
Management Council.
David
Gaskins – He said the Red Drum FMP Advisory Committee started out
being a very good thing, but it has now turned into a very bad thing. It is not fair to only allow comme=
rcial
fishermen seven red drum as a bycatch, while allowing recreational fisherme=
n to
target red drum. He said seve=
n fish
does not even pay for the fuel and felt the commercial fishermen should get=
100
pounds per trip because there were so many drum out there.
He also questioned why recreational fishermen do not h=
ave to
pay back striped bass overages and why they do not have to submit trip tick=
ets.
He also stated this was the best MFC meeting he had at=
tended.
James Fletcher, United National Fishermen’s
Association - He felt it was very curious that the person who supported
looking into estrogen during the Habitat and Water Quality discussion was b=
eing
taken off the MFC and that this has happened twice before. He said when the pie is hot; no one
wants to touch it.
He then said it would cost $3 trillion to take the per=
sonal
care products out of our water. He
wants the MFC to push harder on water quality issues and address
chemicals. He ended his comme=
nts by
saying coastal counties are the biggest abusers of our waters.
Jeff
Oden – He talked a=
bout
LAPPs and Amendment 15 to the Snapper-Grouper FMP and said that fishermen in
this area will not survive LAPPs.
He then talked about the chairman of the SAFMC, whom h=
e said
was a known advocate of the CCA, who was saying we have to change the way we
allocate our fisheries between commercial and recreational fishermen. Mr. Oden
said the chairman of the SAFMC talked about forward thinking, but he was go=
ing
to plow under the coastal communities.
Pam
Morris - Said she was the
co-chair of the Central Advisory Committee and the committees do not need to
receive more than one FMP to review at a time.
She said she was not in favor of a shellfish recreatio=
nal
fishing license and the return would be nominal, and that the mechanical
harvest of clams was already very restricted.
In regards to LAPPs, this concept is being pushed by s=
pecial
interest groups while the number of fishermen are down in order to set the =
cap
at a low number and crush commercial fishing.
She said that the CHPP would get swept under the rug i=
f the
legislature is not pushed on the issue.
And she said that the comments by the chairman of the =
SAFMC
regarding allocation were appalling.
Dr.=
Jim Leutze<=
/st2:Sn>
then said he would like the Finfish Advisory Committee to investigate the
question about allowing recreational fishermen to target red drum. Dr. B.J.=
Copeland
advised the Red Drum FMP Advisory Committee was handling red drum issues an=
d a
report would be given on their activities later in the meeting.
Dr.=
Barbara Gar=
rity-Blake
then questioned whether a MFC member should be allowed to be on the SAFMC.<=
span
style=3D'mso-spacerun:yes'> Dr. B.J. Copeland advised her that the MFC ac=
tually
nominated the pool of nominees to go forward to the governor and then the U=
.S.
Secretary of Commerce for council appointments.
Dr.=
Garrity-Blake then asked whe=
re is
the accountability with the councils?
Can the MFC weigh in on council concerns? Can the MFC send a letter?
Dr. Jim
Leutze then asked the MFC counsel, Frank Crawley,
if there were constraints on =
North
Carolina’s SAFMC seat to represent the
MFC’s recommendations and concerns.&=
nbsp;
Mr. <=
st2:Sn
w:st=3D"on">Crawley responded that the council s=
eat
does not represent the MFC and is there in a separate capacity. Mac Currin holds a recreational se=
at on
the SAFMC. Mr. Crawley
did not see any conflict of interest with Mac Currin voting on SAFMC issues=
as
a recreational representative.
Dr.=
Barbara Gar=
rity-Blake
suggested DMF staff investigate the SAFMC’s interim allocations to see
what they mean and possibly write a letter at the next meeting.
Committee Recommendations (continued)
The MFC received reports and updates from all of its
advisory committees that met during September and October.
There was discussion under the Red Drum FMP Advisory
Committee report about:
- Should
there be a recreational cap and once exceeded close the season; and
- Should
interim measures be implemented to extend the attendance requirement
through the end of November?
Motion by David Beresoff to table the issue of an in=
terim
attendance requirement for the small mesh gill nets and wait until the FMP =
is
finalized to address this issue, seconded by Dr. Barbara Garrity-Blake R=
11;
motion passed 6 –1.
Limited Access Privilege Programs (LAPPs)
In a continuing educational discussion on LAPPs, division staff
presented the MFC with the results from a LAPP questionnaire sent to all 2,=
499
N.C. fishermen who had over $1,000 in landings in 2006. The survey included a two-page
description of LAPP programs. There
were 493 completed returns as of Oct.15, 2007.
The results were:
§ 58%-No, 42%-Yes
§
62%-No, 38%-Yes
§Striped Bass-38%
Summer Flounder-30%
Spiny Dogfish-18%
Black Sea Bass-23%
King Mackerel-23%
Snapper/Grouper-27%
Sharks-19%
Swordfish-16%
Other-34%
(These figures add up to more that =
100
percent because fishermen could select more than one species.)
§ 60%-No,
40%-Yes
§§ 50%-Yes, 50%-No
§Oyster and Clam FMPs -These=
two
FMPs have been reviewed by the DMF and the MFC’s Shellfish Advisory
Committee, which has also served as the advisory committee for these FMPs.<=
span
style=3D'mso-spacerun:yes'> There was disagreement on 10 manag=
ement
issues from either the DMF, advisory committee or one of the regional
committees, and there was agreement on the 18 other management issues that =
were
discussed. There was also agr=
eement
on all Habitat and Water Quality recommendations for both FMPs.<=
/span>
Issues with Disagreements
Motion by Dr.
Jim Leutze
to support the DMF position on shellfish depuration plants, which was to st=
ay
with the status quo, seconded by Dr.
Barbara Gar=
rity-Blake
– motion passed 7-0.
Motion by Mikey Daniels to supp=
ort
DMF and advisory committee’s positions on technical support for shell=
fish
leaseholders and amending the advisory’s committee’s position
stating they would support a private oyster larvae monitoring program, seco=
nded
by Rusty Russ – motion passed 7-0.
Motion by Dr. Barbara Garrity-Blake to
support DMF and advisory committee shared positions on modifying shellfish
lease provisions, seconded by Marshall
Williford – motion pas=
sed
7-0.
Motion by Bradley Styron to support advisory
committee’s position on the issue of no data on recreational harvest =
of
shellfish, which was to stay with the status quo (this means the MFC did not
support a recreational shellfish license or permit, and felt this informati=
on
could be gathered by a survey), seconded by Rusty Russ – motion passed
7-0.
Motion by Dr. Jim Leutze to support the DMF a=
nd
advisory committee shared position on movement of cultured seed shellfish f=
rom
polluted areas, which was to stay with the status quo, seconded by Rusty Ru=
ss
– motion passed 7-0.
Motion by Dr. Jim Leutze to supp=
ort the
DMF position on the issue of increasing dredging restrictions in Pamlico Sound bays, seconded by Rusty Russ
– motion passed 5-2.
Motion by Dr.
Jim Leutze
to support the DMF and advisory committee shared position on the issue of
changing the date to close oyster season from May 15 to March 31, seconded =
by Rusty Russ
– motion passed 7-0.
Motion by Dr. Jim Leutze to supp=
ort the
DMF position on the issue of non-native oyster introduction, seconded by Marshall Williford
– motion passed 6-1.
Motion by Dr. Barbara Garrity-B=
lake
to support DMF and advisory committee shared position to discont=
inue
the rotation of southeast Pamlico Sound with northern Core Sound and instit=
ute
a resting period within the mechanical clam harvest area in northern Core
Sound, seconded by Dr. Jim Leutze – motion passed 7-0.=
Motion by Dr.
Jim Leutze<=
/st2:Sn>
to support all positions on the issue of effects of mechanical clam harvest=
on
fish habitat – motion died for lack of a second.
Motion by Dr. Jim Leutze to supp=
ort DMF
and advisory committee shared position on the issue of the effects of
mechanical clam harvest on fish habitat, seconded by Marshall Williford
– motion passed 7-0.
Issues with Agreement
Motion by Dr. Jim=
Leutze to accept the 18 oyster and h=
ard
clam management issues where there was agreement between the DMF and the
advisory committee, seconded by Mikey Daniels
– motion passed 7-0.
Habitat and Water Quality Issues
Motion by Dr. Barbara Garrity-Blake to accept the Habitat =
and
Water Quality recommendations, seconded by Mikey Daniel=
s
– motion passed 7-0.
Research
Priorities
Motion by Rusty
Russ to accept the research priorities, second=
ed by Dr. Jim
Leutze – motion passed=
7-0.
Motion by Dr. Jim Leutze to send
the Oyster and Hard Clam FMPs to DENR Secretary Bill Ross and the Joint
Legislative Study Commission on Seafood and Aquaculture, seconded by David
Beresoff – motion passed 7-0.
These FMPs can be viewed or
downloaded at:
http:=
//www.ncdmf.net/fmps/index.html
Bay Scallop FM=
P R=
11;
The Bay Scallop FMP has been developed through the DMF/ advisory committee
process, gone out to public meetings and regional advisory committees, then=
to
the DENR Secretary B=
ill
Ross and the Joint Legislati=
ve
Commission on Seafood and Aquaculture for comment and review and through the
public hearing process.
Motion by Marshall
Williford to approve the Bay Scallop Fishery
Management Plan and its implementing rules, seconded by Dr. Jim=
Leutze – motion passed 7-0.
This FMP can be viewed or
downloaded at:
http:=
//www.ncdmf.net/fmps/index.html
Interjurisdictional FMP –=
The
Interjurisdictional FMP has been developed through the DMF/advisory committ=
ee
process and out to public meetings and the regional advisory committees for
review and comment. It is now ready to go to DE=
NR
Secretary Bill Ross
and the Joint Legislative Commission on Seafood and Aquaculture for comment=
and
review.
Motion by Dr. Barbara Garrity-Blake to send the
Interjurisdictional FMP to DENR Secretary Bill Ross and the Joint
Legislative Commission on Seafood and Aquaculture, seconded by David Bereso=
ff
– motion passed 7-0.
This FMP can be viewed or
downloaded at:
http:=
//www.ncdmf.net/fmps/index.html
Kingfish FMP<=
span
style=3D'font-size:12.0pt;mso-bidi-font-size:22.0pt;color:windowtext'> R=
11;
The
Kingfish FMP has been developed through the DMF/advisory committee
process and gone out to public meetings and the regional advisory committees
for review and comment. It is now ready to go to DENR
Secretary Bill Ross
and the Joint Legislative Study Commission on Seafood and Aquaculture for
comment and review.
Motion by David Beresoff to recommend the Kingfish F=
MP
habitat, water quality and protected species measures; management triggers =
with
proclamation authority; and not to recommend ASMFC or SAFMC management of
kingfish stocks or a 30-day comment period; also to send the Kingfish FMP to
DENR Secretary Bill Ross and the Joint Legislative Commission on Seafood and
Aquaculture; seconded by Marshall Williford – motion passed 6-0.
Motion by Rusty
Russ to accept all research recommendations fr=
om the
Kingfish Plan Development Team, seconded by Dr. Barbara Garrity-Blake – motion passed =
6-0.
This FMP can be viewed or
downloaded at:
http:=
//www.ncdmf.net/fmps/index.html
License and Statistics Annual Report
Each year the DMF License=
and
Statistics Section provides summaries of commercial and recreational harvest
and landings data and commercial fishing licenses issued for the state of <=
st1:State
w:st=3D"on">North Carolina.<=
span
style=3D'mso-spacerun:yes'>
The purpose is to disseminate the =
data
in formats most often requested and to illustrate the types of information
collected through the various programs within the section.
Contact Don Hesselman
at 252-726-7=
021
or don.hesselman@ncmail.net=
for a
copy of this report or visit http://www.ncdmf.ne=
t/statistics/statistics.htm
to view license and statistics data.
Suspension of Rules
If the DMF Director suspends any fisheries rules, the =
MFC
must resuspend those rules at its subsequent meeting.
Motion by Rusty
Russ to resuspend the rules to implement the
Amendment 13C measures of the Snapper-Grouper FMP in state waters, seconded=
by Dr. Jim
Leutze – motion passed=
5 -
2.
<=
/o:p>
Rules
Final Approval for Permanent Rule – The MFC has taken
this issue through the rulemaking process and this is the final step they m=
ust
take to make the rule permanent:
Motion by Dr. Jim Leutze to give final approval of SCFL
Eligibility rules, updating the creation of the applicant pool and updating=
the
application process, seconded by Dr. Barbara-Garrity-Blake – motion
passed 7-0.
Notice of Text - The MFC decided to file notice of text=
to
begin the rulemaking process on the following issue(s):
Motion by David
Beresoff to approve notice of text for a rule
amendment addressing transfer criteria for eligibility pool SCFLs, seconded=
by Dr. Jim
Leutze – motion passed=
7-0.
Committee Refe=
rral -
The MFC referred these issues to advisory committees for further revi=
ew:
Motion by Dr. Barbara Garrity-Blake to refer pound net issues (removal of
gear/gear clean up period) to the regional advisory committees, seconded by=
Rusty Russ
– motion passed 7-0.
Motion by Dr.
Barbara Garr=
ity-Blake
to send the Turtle Excluder Device rules (enforce federal requirements) to =
the
regional advisory committees, seconded by Dr. Jim=
Leutze – motion passed 7-0.
Motion by Rusty
Russ to send the recreational shrimp limits is=
sue to
the regional advisory committees, seconded by <=
st2:GivenName
w:st=3D"on">David Beresoff
– motion passed 7-0.
Motion by David
Beresoff to send the mechanical retrieval of R=
CGL
trawls issue to the regional advisory committees, seconded by Rusty Russ
– motion passed 6-0.
Motion by Ru=
sty
Russ to send mechanical harvest effort options=
for
oysters to the regional advisory committees, seconded by Bradley Styron
– motion passed 6-0.
Coastal Recreational Fishing License<=
/p>
The MFC was given an update on license sales and an overview o=
f the
DMF’s funding and administration proposals for the CRFL. As of October 25, 2007, a total o=
f 437,653
CRFL’s had been sold, for a net revenue of $4,496,879 in the Marine
Resources Fund.
Approximately $1,660,852 has been obligated to the following
projects or programs: Chowan River
Bridge fishing comp=
lex
design, a coastal angler’s guide, CRFL sales and data support, Fisher=
ies
Independent Assessment Program, CRFL implementation, and a senior stock
assessment scientist position.
Waterfront Access and Marine Industry Fund
DMF Director Louis
Daniel reported to the MFC t=
hat
the Waterfront Access and =
Marine
Industry (WAMI) Fund Citizens Advisory Committee met on Nov. 8 and reviewed=
159
proposals submitted for consideration.&nbs=
p;
Committee members were asked to choose their top seven projects each
from the northern, central and southern coastal areas and submit those
selections by November 20. Th=
e DMF
staff will meet soon to also select projects they feel best meet the WAMI
criteria. The proposals will also be reviewed by the WAMI Coordination
Committee in December.
FMP Guidelines
The MFC received a r=
eport
from the DMF proposing update for the Fishery Management Plan guideline.
Motion by Ma=
rshall
Williford to accept revised MFC FMP guidelines,
seconded by Rusty
Russ – motion passed 6=
-0.
Letters/Resolutions
Motion by Dr.
Barbara Garr=
ity-Blake
for the MFC to send a letter to DENR Secretary B=
ill
Ross regarding “Inner Banks”
development, seconded by Jim
Leutze – motion passed=
7-0.
=
Motion by =
Dr. Barbara Garrity-Blake to pass a resolution in support of the s=
pirit
of HR 4084, introduced by Congressman Walter Jones,
seconded by Mikey Daniels – motion passe=
d 6-0.
=
2008 Meeting Schedule:
January 24-25 &=
nbsp; Marriott,
Carolina Beach
April 22-23 &n=
bsp; City
Hotel and Bistro, Greenville
June 19- 20 =
; Sheraton, Downtown Raleigh
September 25-26 &nbs=
p; Clamdigger
Inn, Pine=
Knoll Shores
November 6-7 =
Ramada
Inn, Kill Devil Hills
<=
/p>
<=
/p>
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