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THE MFC ADVISOR 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 and rulemaking proceedings. Hopefully this bulletin will keep you better informed about commission activities. Visit http://www.ncdmf.net/mfc/advisor.html to view this and past issues of the Advisor. Your comments regarding this update are always appreciated – please contact Nancy Fish by e-mail at nancy.fish@ncmail.net or by phone at 252-808-8021 or 1-800-682-2632. The MFC held a business meeting January 22-23 at the Courtyard Marriott in Carolina Beach, North Carolina. The following commission members were in attendance: Mac Currin – Chairman, Dr. B.J. Copeland-Vice Chairman, David Beresoff, Rob Bizzell, Mikey Daniels, Jess Hawkins, Edward Lee Mann, Rusty Russ and Bradley Styron. Motions and Actions Commissioner Hawkins gave the invocation. Chairman Currin introduced Edward Lee Mann, a new commissioner from Manteo replacing Marshall Williford in a recreational fishing seat. Mann said it is an honor to be on board and he promised to do best he can. He said his understanding of his job is to protect the fisheries. Chairman Currin also announced MFC Attorney Frank Crawley was out recovering from surgery and Assistant Attorney General Jennie Hauser was sitting in for him at this meeting. The agenda was approved as amended for the January 2009 MFC business meeting by consent. The minutes of the November 2008 MFC business meeting were approved by consent. Public Comment Dale Petty, a recreational fisherman from Manteo, encouraged the MFC to approve the Coastal Recreational Fishing License Fund projects as recommended and to adopt the proposed violation suspension and revocation system. He also asked DMF Director Louis Daniel to prohibit commercial strike netting for trout in small creeks pending a thorough review of data and to consider a permanent ban of the practice. Chris Mickey of Wilmington told the MFC he has had problems with gill netters improperly marking their nets. He said the nets get caught in his boat prop. He also said the nets catch sea turtles and impact fish populations. Scott Wyte of Wilmington spoke in support of the Titian America cement plant. He said he believes the company has abided by environmental regulations and followed a legal permit process. The plant will bring jobs to the area, he said. Wyte, who is in the construction business, said there is also a need for a cement plant in the Wilmington area. Ed Scott of Castle Hayne said he lives on the Cape Fear River and believes it is a jewel that is under a severe threat from Titian America. If construction of the plant destroys wetlands, they will never come back, Scott said. Eventually the company will leave the area, and the plant will be just another Superfund site. Chris Elkins of Chapel Hill said he was struck by the public comments asking the MFC to reopen bay scallop season. Elkins said he is not opposed to the re-opening, so long as it is based on objective scientific data and not anecdotal evidence. If bay scallops have the potential to spawn again in the spring, it may not be wise to open season, he said. Additionally, he said, no long term recovery can be accomplished without dealing with the issue of cow nose rays. He suggested that North Carolina work with the Atlantic States Marine Fisheries Commission to develop a market for cow nose rays and to better manage the fishery for their predators – sharks. Opening of the season will not solve fishermen’s economic problems, Elkins said. Julie Travis of Wrightsville Beach told the MFC she is very concerned about the permitting process associated with Titian America. She asked the MFC to send a letter requesting the Division of Air Quality delay Titian’s air permit. Doug Springer, Cape Fear River Watch executive director, encouraged the MFC to hold its position on the Titian America plant. He said that mercury emissions in the cement industry are one of the least regulated in the state. The Northeast Cape Fear River is a pristine resource, and Titian America plans to strip mine 600 acres on its banks. The section of river where a former cement plant was located is the only mercury impaired section of the river, Springer said. Mike Giles, Cape Fear Coastkeeper with the North Carolina Coastal Federation, said he fears Titian is trying to get through under a piecemeal permitting process before a thorough review process is complete Issues from Commissioners Commissioner Hawkins brought up that there is contentious debate regarding the issue of initiating a Limited Access Privilege Program (LAPP) for the ocean striped bass fishery. DMF Director Louis Daniel told Hawkins that he has committed to the Joint Legislative Commission on Seafood and Aquaculture to giving the gear permits a try next year. He said even if the MFC gets statutory authority to implement a LAPP, it does not have to if the MFC does not feel it is necessary. Strike Netting/Spotted Seatrout Petition – Commissioner Beresoff also responded to public comments complaining about commercial strike netting for spotted sea trout in the upper creeks. The comments came in support of a petition for rulemaking presented by the Coastal Fisheries Reform Group requesting an immediate closure on taking spotted seatrout with gill nets and gigs in designated nursery areas. Commissioner Beresoff said that strike netting is a widely-used fishing method in the southern coastal waters. It is a method of fishing that allows fishermen to release all unwanted fish, while set netting does not, he said. There is documented information through Sea Grant that shows this, he said. Fish will come and go in the creeks, not necessarily because a gill netter is there, but because that is what fish do, he said. If people are breaking the law in inland waters they can be caught, and he gave an example of a time when he was operating under a scientific collecting permit, and was pulled by a Wildlife officer after someone reported his boat number. Commissioner Bizzell said the comments the MFC received about strike netting confirms some of the reports he has been getting. He said he believes there are a few bad apples out there causing conflicts, and he would like DMF to pursue them. DMF Director Daniel said it is important to note that the strike netters are doing what fisheries authorities asked them to do by adopting a net attendance requirement in the Red Drum Fishery Management Plan. He said the MFC’s counsel needs to determine if the petition for rulemaking from Coastal Fisheries Reform Group meets the criteria for petitioning the MFC. If so, the MFC should move forward with the process of considering the petition. But DMF Director Daniel said he agrees with Chairman Currin, that it is a matter that should be dealt with in Spotted Seatrout Fishery Management Plan and said there will be an issue paper developed on this matter as part of that process. Bogue Banks No-trawl Area Mutilated Finfish DMF Director Daniel said the wanton waste and harassment issues brought forward by the Coastal Fisheries Reform Group caused concern and the issues were referred to the Law Enforcement Committee for review. Soil and Water Conservation Program Resolution MFC Seeking Committee Members Fisheries Forum Cancelled Vice Chairman Re-elected Motion by Rob Bizzell to nominate Dr. B.J. Copeland as vice chairman; seconded by Jess Hawkins - motion passed unanimously. Committee Reports Habitat and Water Quality - The MFC adopted a Compensatory Mitigation Policy that will shift efforts away from the idea of no net loss to one of protecting watersheds and strategic habitat areas. Motion by Dr. B. J. Copeland to add the Compensatory Mitigation Policy to the MFC’s existing Habitat and Water Quality policy; seconded by Jess Hawkins - motion passed unanimously. The Habitat and Water Quality Committee presented two draft letters to the MFC concerning the environmental permitting process for Carolinas Cement (Titan America) to build a cement plant on the edge of the Northeast Cape Fear River, a primary nursery area. One letter was to the U.S. Army Corps of Engineers asking the agency to address wetland destruction in its Environmental Impact Statement (EIS). The other letter was to the N.C. Division of Air Quality asking it to delay issuing Titan’s air quality permit until after the Corps of Engineer releases its EIS and new air quality standards are published by the Environmental Protection Agency on March 31. The committee expressed concerns the plant would emit hazardous chemicals, such as mercury, which would settle into an already impaired marine ecosystem. Mercury and other chemicals bio-accumulate in species and end up in food fish like king mackerel and sharks. This is a health threat to humans. Booker T. Pullen of the Division of Air Quality spoke to the MFC and said that Air Quality received an application from Titan America in February 2008. The agency was advised by its legal team that the State Environmental Policy Act did not apply to the Titan plant, and that Air Quality could go forward with a permit prior to release of the Corps of Engineers EIS. Chairman Currin asked if the agency was under a statutory deadline to issue the Air Quality permit, and Poland replied that it was not, to his knowledge. He said it normally takes around 24 months, including 12 to 18 months to process, and a 30-day public comment period. Air Quality also plans to hold a 30-day public hearing following the normal comment period, he said. Pullen said the agency will evaluate the potential for mercury, arsenic, lead, phenyl and other pollutants. Chairman Currin asked if the state could implement higher standards for mercury than required by the federal government, and Pullen replied that it could. The MFC agreed to delay a vote on the letters until the second day of the meeting so commissioners would have the opportunity to review the draft letters in detail. Finfish - Commissioner Beresoff relayed to the MFC that the Finfish Advisory Committee had received a presentation on the South Atlantic Fisheries Management Council Amendments 16, 17 and 18 to the Snapper-Grouper Fisheries Management Plan. The Finfish Committee discussed that the SAFMC should allocate quotas to each state the way the Atlantic States Marine Fisheries Commission and the Mid-Atlantic Fisheries Management Council does. The MFC voted to send a letter supporting state-by-state quotas for snapper-grouper species and king mackerel. Commissioner Beresoff also reported the Finfish Advisory Committee wanted to form a Compliance Advisory Panel (CAP) to look at whether or not North Carolina should go out of compliance with the Snapper-Grouper Fisheries Management Plan. There was much discussion regarding this matter and Commissioner Beresoff decided to take the issue back to Finfish for further review. Motion by David Beresoff to support the use of state-by-state quotas for snapper-grouper species and king mackerel; second by Mikey Daniels - motion passed unanimously. CRFL - DMF Director Daniel gave the MFC an overview of a Dec. 8 meeting of the Joint MFC/Wildlife Resources Commission CRFL Committee. The committee recommended funding of 11 projects, for a total of $1.9 million. Commissioner Hawkins wanted to note for the record that he serves on a public access advisory committee for the Carteret County Board of Commissioners, which was one of the 11 projects recommended for funding. He offered to recuse himself from the vote, but the MFC did not feel that was necessary. Motion by Rusty Russ to approve CRFL proposals as recommended by the Joint MFC/WRC CRFL Committee; seconded by Dr. B.J. Copeland - motion passed unanimously. To view a press release on the CRFL grants, go to: Bay Scallops Motion by Dr. B.J. Copeland to open Core Sound and eastern Pamlico Sound to hand harvest only for commercial take on Mondays, Wednesdays and Fridays from Jan. 26 until the end of March with a harvest limit of 5 bushels per person per day not to exceed 10 bushels per boat and for recreational take on Saturdays and Sundays with a harvest limit of ½ bushel per person per day not to exceed 1 bushel per boat. DMF will close the season immediately if the catch per unit effort declines; seconded by Rob Bizzell - motion passed unanimously. MAFMC and SAFMC Nominations Motion by Rusty Russ to forward to the governor’s office the names of Preston Pate, Lee Tugwell, Frank Folb and Jess Hawkins as nominees for an at-large seat on the MAFMC; seconded by B.J. Copeland - motion passed unanimously. Motion by Rusty Russ to forward to the governor’s office the names of Mac Currin, Bernie McCants, Chris Elkins, Rom Whitaker, Patrick Bryant and Chuck Manooch as nominees for an at-large seat on the SAFMC; seconded by Bradley Styron - motion passed with one objection. FMP Policy Review To view this presentation, go to: Motion by Dr. B.J. Copeland to adopt an MFC policy that all state FMPs meet a standard of at least 50 percent probability of success; seconded by Rusty Russ - motion passed 5-4 with the chairman breaking a tie. Stock Assessments To view this presentation, go to: To view this presentation, go to: Titan America Letters To view these letters, go to: Motion by Dr. B.J. Copeland to approve the two letters to the N.C. Division of Air Quality and the Corps of Engineers in reference to Titan America permits; seconded by Jess Hawkins - motion passed unanimously. Southern Flounder FMP Review Motion by Jess Hawkins to immediately begin the Southern Flounder FMP review; seconded by Mikey Daniels - motion passed unanimously. Mediation Update Motion by David Beresoff to re-suspend striped bass permit rules; seconded by Rusty Russ - motion passed unanimously. The vote brought up a discussion of asking President Obama to consider reopening federal waters to striped bass fishing. It was then decided it would be better to direct the request to the new National Oceanic and Atmospheric administrator. The MFC decided to send a letter with this request, and also asking her to address the state’s concerns with data issues with the SAFMC. License Suspensions, Revocations and Reissuance To view this presentation, go to: Strategic Habitat Areas To view this presentation, go to: For-Hire Survey To view this presentation, go to: Director’s Report Spiny Dogfish - Season has closed, about 29,000 pounds over 1.28 pound quota. The overage will be taken off next year’s quota. About 11 dealers and 70 boats participated in the fishery. A few reported late. DMF will send letters to the dealers expressing the need for timely reporting. Red Drum Landings - Red drum season closed with fishing year landings about 75,000 pounds over the cap. DMF plans to reopen the season May 1 with a 100,000-pound bycatch cap and 7-fish limit. There was discussion about the impact of discards that will occur in the commercial fishery. Striped Bass ASMA - The commercial striped bass season in the Albemarle Sound Management Area opened Jan. 1 with a 7 fish daily landing harvest limit. As of Jan. 19, reported landings were at 892 pounds. Beginning Jan. 15, shad webbing was allowed below the new Manns Harbor Bridge, but no shad or striped bass landings had been reported from that area. Artificial Reef Master Plan - Due to state budget constraints, DMF has shifted the focus of the Artificial Reef Master Plan from offshore reef construction to supplementing oyster sanctuary reef construction in inshore waters. DMF could still do some offshore work if other funding sources become available, but the only way for DMF to avoid laying off staff was to cut non-statutory-required programs. CRFL – As of Dec. 31, 2008, the Coastal Recreational Fishing License (CRFL) Sales Update shows a total of 888,704 licenses sold for a net revenue of $9,199,445 in the Marine Resources Fund. The entire sales report can be found at: http://www.ncfisheries.net/CRFL/downloads/CRFLSalesReport12_31_08.pdf DMF has sold one 10/10 Coastal Recreational Fishing License since it became available Jan. 1. Additionally, at the request of DMF, the Wildlife Resource Commission is making phone numbers a mandatory field on CRFL applications. MAFMC SAFMC Red grouper - A red grouper stock assessment is scheduled for 2009. There is concern that red grouper and gag grouper co-mingle, so the closure of gag grouper could necessitate restrictions on red grouper. State-by-State Quotas - The MFC discussed the need for the SAFMC to give state-by-state quotas on snapper-grouper species so that North Carolina will not be disadvantaged by natural fish migration patterns. Cheuvront said some of the other states are warm to the idea, but it is something for which North Carolina must continue to work. King Mackerel - A king mackerel stock assessment found that king mackerel is not overfished, but it could not determine if overfishing was occurring. Spanish Mackerel - A Spanish mackerel stock assessment shows that the stock does not appeared to be undergoing overfishing, but it could not determine if stock is overfished. To view this presentation, go to: Cheuvront also advised the MFC a the SAFMC is holding a public hearing and scoping meeting in New Bern on Jan. 27 from 3-7 p.m. at the Bridge Point Hotel to take comment on the Comprehensive Annual Catch Limit Amendment, Snapper-Grouper Amendment 18 and the Comprehensive Ecosystem-Based Amendment 2. The meeting adjourned.
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