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THE MFC ADVISOR Marine Fisheries Commission Business Meeting The MFC held a business meeting April 22-23 at the City Hotel and Bistro in Greenville, North Carolina. The following members were in attendance: Mac Currin – Chairman, Dr. B.J. Copeland-Vice Chairman, David Beresoff, Rob Bizzell, Mikey Daniels, Jess Hawkins, Rusty Russ and Bradley Styron. This was Mr. Bizzell’s first MFC meeting; he is filling an At-Large seat on the commission. Marshall Williford was ill and unable to attend the meeting. Motions and Actions Jess Hawkins gave the invocation. The agenda was approved by consent for the April 2008 MFC business meeting. Motion by David Beresoff to approve the minutes of the November 2007 MFC business meeting, seconded by Dr. B. J. Copeland – motion passed unanimously. Public Comment Shelton Cuthrell talked about red drum and the early commercial season closure. He asked for an investigation into the why and how so many fish were landed in the Wanchese area during a period of time that historically has had very low red drum landings. He talked about how fishermen in other parts of the state were being disadvantaged because of the closure. He also questioned why the DMF was letting commercial fishermen keep one fish for personal consumption. He then talked about tie down requirements in the Neuse, Pamlico and Pungo rivers and said if fishermen were not allowed to get as close to shore as possible to fish, it would ruin many fisheries. He also said pushing fishermen off shore into deeper waters was not fair, that it put them in dead water and into the way of skates. Chris Elkins, Shellfish Advisory Committee member, said he supported the recommendations put forward by the Red Drum Fishery Management Plan Advisory Committee. He also supported the concept that red drum should be managed as a recreational fishery, much like blue crabs and shrimp are managed as a commercial fishery. He said the recent red drum fiasco resulted in the waste of fish and hurt other commercial fishermen. He encouraged the MFC to rise to the challenge and get a handle on this directed fishery. Donald Willis asked the MFC to stop fishermen from dragging any bottom disturbing gear or devices on the bottom in Primary Nursery Areas. Bill Mandulak, President of the CCA – NC, said he wanted to stress the red drum was a very significant and popular recreational fishery. He said the first FMP in 2001 was very effective and with this revision of the FMP, the state needed to continue to protect red drum and eliminate waste. He said there was lots of hard work on the advisory committee and the comments from the other advisory committees were very supportive. He said the state must minimize bycatch mortality and requiring circle hooks was a good start. He also liked the split season recommendation and felt it would help eliminate waste and create a geographical equity in the ability to land red drum commercially. Bernie McCants, Finfish and Red Drum FMP Advisory Committee member, said the initial Red Drum FMP had been successful, that stocks were recovering, and the MFC and DMF has something to hang their hat on. Now, the state has to work on discards and we must remember that the 40 percent spawning potential ratio, which is close to being attained, does not include discard mortality. He also praised Lee Paramore, who was the lead staffer on this FMP. Roger Rulifson, Spiny Dogfish Citizens Advisory Panel member, said he had been asked to come speak to the MFC on behalf of the CAP. He said a couple of years ago the CAP had decided it was best to stay in compliance with the ASMFC. But now, given the continuing issues with dogfish, the CAP had voted to go out of compliance. He said DMF staffer Tina Moore had done an excellent job summarizing facts showing North Carolina has been treated unfairly in regards to its ability to harvest dogfish. Issues from Commissioners Chairman Mac Currin in replying to Commissioner Styron’s comments, said the Weakfish FMP was under the ASMFC and the flynet closure south of Hatteras was how our state reached its conservation equivalency. He said we could go to the ASMFC and ask them to reopen flynets south of Hatteras, but we would have to take some other conservation measure to replace the closure. He also said the plan seemed to work for a couple of years and then the stock declined, and not from fishing pressure. Dr. Louis Daniel indicated the flynet closure south of Hatteras was what the state used to meet the plan requirement to achieve the needed reductions. The state could possibly transfer that reduction to the gill net fishery. He also said the flynet closure has probably benefited kingfish, spot and croaker stocks. He also wants everyone to realize renegotiating the flynet closure south of Hatteras would be a significant undertaking. He also pointed out there could be complications with sea turtle interactions. Dr. B.J. Copeland said weakfish falls under the state’s Interjurisdictional FMP and we do have a process in that plan to handle issues such as the flynet question. He said we could form a CAP to look into the matter, or possibly have the Finfish Advisory Committee look at the issue. Mikey Daniels wants the DMF to go to the industry first and ask them to help designate an area to allow the flynets. He also said turtle excluders were working better now and flynets might not be the issue they once were. Jess Hawkins reminded the MFC there had been limited industry participation in this issue previously because the industry refused to work with the DMF. Bradley Styron pointed out he knew it was an uphill battle but he did not like a moratorium on anything. He said we could address the turtle issue and the gear issue, just get industry involved. Maybe this would be a good subject for a Fishery Resource Grant, he said. Dr. Louis Daniel volunteered at the next MFC meeting the DMF will be presenting the 2008 stock status report and staff can give the MFC a presentation on specific issues related to weakfish. He also explained when the flynet closure first arose, he has spent a lot of time to get federal permits and $100,000 of NMFS funds to have observers go out with fishermen, but then he could not get the observers any trips with the fishermen to collect data. Chairman Mac Currin in response to Bradley Styron’s comment about the CRC granting permits for the Sandy Point development in the Albemarle Sound, that David Beresoff had looked into that issue since he was recently a member of the CRC. David indicated with environmental issues on the CRC, it was usually a split vote, but the Sandy Point development vote was unanimous. That vote made him feel perhaps the alternative would have been worse and that is why CRC approved the permit. The MFC also asked the CRC for an explanation of the vote and they provided that information via letter. Bradley Styron said he doesn’t want to be negative toward development but it is hard when people are disenfranchised. Chairman Mac Currin said regarding menhaden, there was a growing interest in looking at forage species and he also agreed birds do eat a lot of fish and he would be happy to bring up these issues at the SAFMC. Concerning the question of whether or not we want to have a commercial industry in the state, perhaps that would be a good topic to be discussed at next year’s Fisheries Forum. He asked the MFC to think about the issue and will come back to it later Dr. B.J. Copeland cautioned that the MFC to be careful what it asks for. Bradley Styron said he understood Dr. Copeland’s concerns but right now the commercial industry was in a bad state that was not all due to regulation, but there needs to be a new direction. Dr. B.J. Copeland brought up the issue of e-mail and encouraged everyone to save everything related to the MFC work and questioned if the DMF could handle the MFC’s e-mail like his county government does, with a designated server. Rusty Russ said the letter to the Corps of Engineers he had discussed previously regarding dredging waterways in the southeastern part of the state’s coastal waters was forthcoming. Mikey Daniels asked about a 200,000-pound research set aside from the federal government. Dr. Daniel explained it was a private industry issue where bids would have to be submitted. He then said he wanted to try TEDs with larger openings to catch flounder and he was working with Jeff Gearhart with NMFS on this matter. Dr. Daniel said he would look into this matter. Fisheries Forum – Commissioners reported they felt the Fisheries Forum held on March 18 went very well. Mac Currin thanked B.J. Copeland for the work he did convening the panel and leading the discussion on habitat and water quality. Jess Hawkins indicated he felt the MFC should begin planning now for the 2009 forum and he volunteered to assist. Mac Currin said he would put the forum on the September MFC agenda. Spotted Seatrout Committee Reports Action Items: Motion by Dr. B.J. Copeland to concur with the Habitat and Water Quality Advisory Committee regarding gill net disturbance in Primary Nursery Areas and refer the issue to the regional advisory committees for review and comment, seconded by Jess Hawkins – motion passed, 6 in favor, 0 opposed, 1 recusal and 1 abstention. Go to http://www.ncdmf.net/mfc/MFC_downloads/GillNetOperationsPNAs.pdf to view the paper on this issue. Go to http://www.ncdmf.net/mfc/MFC_downloads/PNAGillNet2008.pdf to view the presentation. Motion by David Beresoff to forward the live bait issue to the regional advisory committees for review and comment, seconded by Rob Bizzell – motion passed unanimously. Go to http://www.ncdmf.net/mfc/MFC_downloads/imported_live_bait.pdf to view the paper on this issue. Go to http://www.ncdmf.net/mfc/MFC_downloads/Livebait_PPT.pdf to view the presentation. By consensus the Finfish Advisory Committee agreed to send a letter to Dr. William Hassler’s wife expressing the MFC’s condolences at Dr. Hassler’s passing and acknowledging his many achievements in the field of fisheries research and management. The commission discussed the letter from the Spiny Dogfish CAP advising the MFC of their recommendation to go out of compliance with the ASMFC’s harvest restrictions on spiny dogfish. Dr. Louis Daniel explained he had requested North Carolina’s proposal to discuss a state-by-state quota be put on the agenda for the ASMFC’s spring being held May 5 – 9. He also reviewed an analysis that DMF staffer Tina Moore had put together summarizing East Coast spiny dogfish landings, showing how North Carolina had been treated unfairly. Visit http://www.ncdmf.net/mfc/MFC_downloads/Dogfish_Overview.pdf The MFC felt is was best to wait and see the outcome of the ASMFC meeting prior to taking any action to go out of compliance. The commission decided by consensus to send a letter to the ASMFC requesting a state-by-state quota for spiny dogfish. After the Civil Remission and Law Enforcement Committee report, a discussion was held about a Joint Enforcement Agreement (JEA) with NMFS. The DMF was asked to prepare a presentation for the June MFC meeting on the details of the JEA program and the benefits it could provide North Carolina. Red Drum Commercial Season Closure The 2007 fall bycatch of red drum in the flounder and other gill net fisheries was fairly normal and consistent with previous years. But the catch in January, February and March far exceeded the catch rates of previous years during this timeframe. DMF staff estimated the harvest cap was close to being met and the commercial fishery was closed on April 3, 2008. Go to http://www.ncdmf.net/procs/procs2k8/FF-37-2008.html The MFC discussed their concern that red drum would continue to be caught, especially in the flounder and striped mullet fisheries and those fish would have to be thrown back. The survivability rate for red drum that are stressed in the hot summer months is very poor and commissioners were worried about the waste of the fish. A limited bycatch of 3 to 4 fish was debated along with only allowing the harvest in conjunction with specific fisheries. It was also discussed that these provisions would probably have to stay in place during the upcoming fishing year to account for this year’s overage. Motion by David Beresoff to authorize suspension of the red drum rule to reopen the commercial harvest of red drum for 4 fish per trip, per vessel, per day with 50/50 ratio of flounder or striped mullet, from April 28, 2008 through Aug. 31, 2008, seconded by Dr. B.J. Copeland – motion passed unanimously. Go to http://www.ncdmf.net/procs/procs2k8/FF-47-2008.html to view the proclamation reopening the red drum commercial season. Red Drum Fishery Management Plan To view the draft fishery management plan, go to: To view the red drum presentation by Lee Paramore, go to: Motion by Dr. B.J. Copeland to maintain the status quo for adult harvest of red drum (no harvest over 27 inches), seconded by David Beresoff – motion passed unanimously. Motion by Jess Hawkins when using natural bait to require all hooks greater than 4/0 used in the Pamlico Sound and its tributaries to be circle hooks, from July through September, for recreational targeting of adult red drum, seconded by Rusty Russ – motion passed with 6 in favor, 1 opposed. Motion by Dr. B.J. Copeland to maintain the status quo for the recreational bag and size limit for red drum (1 fish between 18 inches – 27 inches), seconded by Rob Bizzell – motion passed unanimously. Motion by David Beresoff to maintain the status quo of 7 fish with a 50:50 bycatch provision for the red drum commercial trip limit, seconded by Dr. B.J. Copeland – motion passed unanimously. Motion by David Beresoff for allowance of up to 3 red drum without requiring bycatch, with the 50:50 bycatch provision applying at the time of possession of the 4th fish, seconded by Dr. B.J. Copeland – motion passed unanimously. Motion by Rob Bizzell for the red drum commercial cap to remain at 250,000 pounds per year, with a provision to split the commercial cap into two seasons Motion by Jess Hawkins to expand year round attendance of small mesh gill nets within 200 yards of shore out to the mouth of the Neuse River, seconded by Mikey Daniels – motion passed unanimously. Motion by Dr. B.J. Copeland to extend seasonal attendance of small mesh gill nets in existing covered areas, from May through November, including the Neuse River, seconded by Rob Bizzell – motion passed with 4 in favor, 2 opposed and 1 abstention. Motion by Jess Hawkins for the DMF to analyze certain areas of the eastern Pamlico Sound Gill Net Attendance Area to determine if these areas can be exempted from the attendance requirements due to the depth of the water, seconded by David Beresoff – motion passed unanimously. Motion by David Beresoff to maintain the status quo for the distance from shore requirement regarding small mesh gill nets seasonal attendance, seconded by Mikey Daniels – motion withdrawn. Motion by Jess Hawkins for the distance from shore requirement for small mesh gill nets to be modified to 200 yards in the Pamlico, Pungo, Neuse and Bay rivers, and 50 yards from shore in other areas, exempting waters from the Wainwrights south to the South Carolina state line during October and November, seconded by David Beresoff – motion passed unanimously. Motion by Rob Bizzell to eliminate the October and November exemption for the small mesh gill net seasonal attendance for the distance from shore requirement in all areas from the Wainwrights south to the Hwy. 58 Bridge in Carteret County, seconded by Dr. B.J. Copeland – motion passed with 3 in favor, 2 opposed, 1 abstention and 1 recusal. Motion by Dr. B.J. Copeland to correct the attendance line between Rodanthe and Gull Island, seconded by Jess Hawkins – motion passed unanimously. Motion by Dr. B.J. Copeland to require all unattended large mesh gill nets to be set a minimum of 10 feet from any shoreline from June through October, seconded by Rusty Russ – motion passed with 6 in favor and 1 opposed. Motion by Jess Hawkins to take the prohibition of gigging red drum from proclamation and put it into rule, seconded by Rob Bizzell – motion passed unanimously. Motion by Jess Hawkins to untable the earlier motion to approve the draft Red Drum Fishery Management Plan to send to DENR Secretary Bill Ross and to the Joint Legislative Commission on Seafood and Aquaculture for review and comment, seconded by David Beresoff – motion passed unanimously Motion by Jess Hawkins to approve the draft Red Drum Fishery Management Plan to send to DENR Secretary Bill Ross and to the Joint Legislative Commission on Seafood and Aquaculture for review and comment, seconded by David Beresoff – motion passed with 6 in favor and 1 opposed. Commercial Ocean Striped Bass Permit North Carolina’s commercial striped bass fishery has, for years, been a contentious one with more fishermen competing for a 480,480-pound annual quota. Some fishermen have found ways to get around trip limits and gear allocations causing participation in the fishery to more than quadruple. It has resulted in derby-style fishing and early season closures. Dr. Daniel asked the MFC to delay the permit requirement. Instead, the DMF would like to form a committee to discuss other options, including limited entry. The DMF would also devise a proposal to keep the fishery open to the state’s traditional ocean striped bass fisheries. Dr. Daniel indicated the DMF did want to move forward with the beach seine definition it has been developing. The MFC agreed to the delay and asked the DMF to come back to them with an analysis of the permit issues and also further investigation of Virginia’s transferable shares program for striped bass. Suspension of Rules Motion by Dr. B.J. Copeland to suspend the two striped bass permit rules, 15A NCAC 03O .0501(f) and .0503(i), seconded by Rusty Russ – motion passed unanimously. Motion by Rusty Russ to resuspend the rules to implement Amendment 13C measures of the SAFMC Snapper-Grouper FMP in state waters, 15A NCAC 03M .0506(b),(I)(1)(A),(o)(1), seconded by Bradley Styron – motion passed unanimously. Final Approval for Permanent Rules Motion by Dr. B. J. Copeland to approve striped bass rule 15A NCAC 03Q .0107 (harvest limits for striped bass in the Central/Southern Management Areas) for permanent rulemaking, seconded by Rusty Russ – motion passed with 6 in favor, 0 opposed and 1 abstention. Motion by David Beresoff to approve rules 15A NCAC 03O .0402 and .0404 (transfer criteria for Eligibility Pool SCFLs) for permanent rulemaking, seconded by Rusty Russ – motion passed unanimously. Motion by Jess Hawkins to approve rules 15A NCAC 03J .0304 and 03Q .0107 (electrofishing season and areas) for permanent rulemaking, seconded by David Beresoff – motion passed unanimously Motion by Rusty Russ to approve rules 15A NCAC 03O .0101, .0112, .0501, and .0503, (for-hire blanket CRFL and for-hire fishing permit – USCG requirements) seconded by Rob Bizzell – motion passed unanimously. The MFC was also briefed on hearings that will be held: Coastal Recreational Fishing License (CRFL) As of March 31, 2008, a total of 506,1500 CRFL’s had been sold, for a net revenue of $5,188,699 in the Marine Resources Fund. Approximately $1,621,524 has been obligated to the following projects or programs: Chowan River Bridge fishing complex design, a coastal angler’s guide, CRFL sales and data support, Fisheries Independent Assessment Program, CRFL implementation, and a senior stock assessment scientist position. An overview of the projects can be found at: http://www.ncdmf.net/CRFL/downloads/ProjectOverivewMarch2008.pdf She then presented the commission the DMF Five-Year Project Plan for Obligated Funds from the Marine Resources Fund for review and consideration. Go to http://www.ncdmf.net/mfc/MFC_downloads/CRFL_Update_April.pdf Motion by Rusty Russ to approve the DMF Five-Year Project Plan for Obligated Funds from the Marine Resources Fund, seconded by Rob Bizzell – motion passed unanimously. Next, Deputy Director Lupton reviewed proposals being requested by the DMF and WRC for CRFL funding for construction of a coastal fishing reef – one year at $445,000, a shallow-draft barge - $65,000 first year/$17,000 reoccurring, and earmarking no more than $900,000 for construction of the Chowan River fishing pier, contingent on a forth-coming proposal. She asked for approval from the MFC for these projects. She explained the MFC/WRC CRFL Committee met on March 12 and determined these projects could be funded outside of the CRFL Request for Proposals (RFP) process that will be initiated in May. The commission discussed this issue at length. Commissioner’s questioned why these projects were not being considered with other projects that would come in from the RFP? Debate also centered on the original intent of a recreational fishing license, which was to enable the DMF to do research that would enhance recreational data. Commissioners questioned how these three projects would achieve that goal? Director Louis Daniel agreed that the number one priority of the division was to enhance and improve recreational data, but improving habitat, access and education were also areas where recreational anglers wanted CRFL money spent and these areas were also specified in the strategic plan. The commission was advised the MFC’s CRFL Advisory Committee did not support CRFL funding for the shallow-draft barge, because they felt it would be primarily used to support commercial fishing activities and it was not an appropriate use for CRFL funds. Dr. B.J. Copeland said he wanted to stress to everyone that projects funded with CRFL revenues should be judged on their merits and that there is a process for judging these merits and determining what projects should be funded. He felt strongly these projects should go through the RFP process. Motion by Rob Bizzell to put all three projects (coastal fishing reef, shallow-draft barge and the Chowan River fishing pier) through the CRFL Request for Proposals process, seconded by Mikey Daniels – motion passed with 3 in support, 2 opposed and 2 abstentions. Deputy Director Lupton then presented the CRFL RFP for review and consideration. She indicated the RFP would go out in May with a deadline for submissions of July 31, 2008. By March 29, 2009 the funding should be awarded to the successful submissions. Motion by Dr. B.J. Copeland to approve the Request for Proposals process as amended to retain previous language allowing for the barge and reef projects, to be released in the very near future, seconded by Jess Hawkins – motion passed unanimously. 2007 Landings Report The total dockside value of the 2007 harvest was estimated at $82.3 million, which was $12.2 million more than in 2006. This increase could indicate higher fuel prices are forcing fishermen to target the high-dollar catches. Total recreational landings by pounds decreased by 7.3 percent from 2006 to 23,052,903 pounds. However, the number of fish caught and kept increased from 12 million in 2006 to 14.7 million in 2007. Top recreational species harvested were dolphinfish, 5.5 million pounds; yellowfin tuna, 3.3 million pounds; king mackerel, 2 million pounds; bluefish, 1.5 million pounds; and spot, 1.4 million pounds. Fishermen holding recreational commercial gear licenses harvested a total of 433,152 pounds of fish and crabs. Top species harvested were blue crabs, 98,003 pounds; spot, 97,753 pounds; flounder, 41,542 pounds; striped mullet, 37,958 pounds; and shrimp, 33,778 pounds. A complete list of 2007 landings can be downloaded from the N.C. Division of Marine Fisheries’ Web site at http://www.ncfisheries.net/download/index.html under the “Statistics, Reports, Bulletins, and Summaries” heading. Or, visit http://www.ncdmf.net/news/NR2k8/NR-28-2008.html to view the news release for the 2007 landings. River Herring Update Letters To Lee Wynns of Colerain, N.C. regarding the status of river herring. To Sen. Basnight and Rep. Hackney urging their support of the stormwater rules To Dr. Hassler’s wife expressing the MFC condolences on the passing of her husband and acknowledging his contributions to fisheries research and management. To Vince O’Shea of the ASMFC, requesting state-by-state quotas for spiny dogfish To the Spiny Dogfish CAP thanking them for their service and updating them on ASMFC’s actions relative to state-by-state quotas. To Ed McCoy’s family expressing the MFC condolences on the passing of Mr. McCoy, a former DMF director, and acknowledging his contributions to fisheries management. To the NMFS opposing the listing of greensticks as longlines. To SAFMC commenting on Amendment 16 to the Snapper-Grouper Fishery Management Plan. To the N.C. Congressional Delegation and the Corps of Engineers requesting funding be restored to the ICWW for maintenance so that our smaller waterways remain navigable. 2008 Meeting Schedule: |