THE MFC ADVISOR
Marine Fisheries Commission Business Meeting
N.C. Aquarium at Pine Knoll Shores, North Carolina
May 28, 2009

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 May 28 at the N.C. Aquarium at Pine Knoll Shores, North Carolina. The following commission members were in attendance: Mac Currin – Chairman, David Beresoff, Rob Bizzell, Mikey Daniels, Jess Hawkins, Edward Lee Mann, Rusty Russ and Bradley Styron. Dr. B.J. Copeland had an excused absence for this meeting.

Motions and Actions

Chairman Mac Currin reminded the commission of the requirements of Executive Order One.

Commissioner Jess Hawkins gave the invocation.

The agenda was approved for the May 2009 MFC business meeting by consent. The minutes of the January 2009 MFC business meeting were approved by consent. 

Due to an abbreviated meeting schedule a public comment period was not held; however, written comments on proposed agenda items were submitted to the MFC prior to the meeting. 

DENR Assistant Secretary David Knight spoke to the MFC regarding budget issues that are impacting state government.

CRFL - DMF Director Louis Daniel updated the MFC on the April 23, 2009 meeting of the Joint MFC/Wildlife Resources Commission CRFL Committee, which he chairs. He reported the committee had reviewed and approved by consensus administrative procedures allowing additional funding requests and no-cost extensions for approved CRFL projects.  He advised the MFC the committee had approved second-year funding for the shallow-draft barge and the coastal fishing reef, approved the CRFL five-year project plan and approved the CRFL Request for Proposals for 2009 and then presented these items to the MFC for approval in the form of motions for their concurrence.

Motion by DMF Director Louis Daniel to approve the second-year CRFL funding for the shallow-draft barge and the coastal fishing reef – motion passed unanimously.

Motion by DMF Director Louis Daniel to carry on with the CRFL five-year project plan for recurring projects – motion passed unanimously.

Motion by DMF Director Louis Daniel to approve and issue the CRFL Request for Proposals for 2009 – motion passed unanimously.

To view the 2009 CRFL Request for Proposals, go to:
http://www.ncdmf.net/CRFL/downloads/CRFL_RFP_FY2010.pdf

To view a press release on the 2009 CRFL Grant Request for Proposals, go to:
http://www.ncdmf.net/news/NR2K9/NR-24-2009.html

Fishery Management Plan Guidelines Amendment
At the Jan. 2009 meeting the MFC decided to adopt a policy that all state FMPs must meet a standard of at least 50 percent probability of success. The DMF incorporated the following language into MFC’s FMP Guidelines along with other technical modifications:

“Management options that set quantifiable fishing restrictions must meet a minimum standard of 50 percent probability of achieving the management benchmark(s) (e.g. fishing mortality rate) necessary to achieve or maintain sustainable harvest.” 

Motion by Rusty Russ to accept updated FMP guidelines that includes language that fishery management plans have to include a standard of at least 50 percent probability of achieving the target mortality rate, seconded by Rob Bizzell – motion passed, five in favor and two opposed. 

To view the FMP Guidelines presentation, go to:
http://www.ncdmf.net/mfc/presentations.html

Spotted Seatrout Interim Management Measures
Director Daniel opened this segment of the meeting by reviewing the interim management measure process, which is set out in law - G.S. 113-182.1(c1).  If the MFC determines temporary management measures are necessary to ensure the viability of a species or fishery while an FMP is being developed, any interim rules considered must go through the MFC’s regional advisory committees before the MFC can vote on interim management measures. It is appropriate for the MFC to consider interim measures because a recent stock assessment shows spotted seatrout is overfished.

DMF biologist Beth Burns reviewed results of a recent stock assessment for spotted seatrout that indicates the MFC may need to reduce fishing mortality by as much as 50 percent. That stock assessment is being updated with 2007 and 2008 harvest data and should be completed in July. In the meantime, Burns said it makes sense to establish a minimum size limit at 14 inches, based on the biology of the fish. At 14 inches, 98 percent of female spotted seatrout have spawned at least once.

To view this presentation and the associated information paper, go to:
http://www.ncdmf.net/mfc/presentations.html

Motion by Rob Bizzell to direct the regional advisory committees and the Finfish Advisory Committee to consider modifying the size limit for spotted seatrout to 15 inches through proclamation - motion died for lack of a second.

Several MFC members expressed concern that interim measures would supplant the fishery management plan process, saying they preferred to wait two months for results of the updated stock assessment before making interim recommendations. However, it was pointed out that interim measures are part of the fishery management plan process as set out in state law and if the MFC did not take action at this meeting to have the regional advisory committees consider interim measures, then the MFC would not have time to implement measures before the start of the fall fishery.

Director Daniel said he felt it was important to point out that we have an opportunity here in North Carolina to jump start the recovery of spotted seatrout.  He pointed out that the spotted seatrout fishery parallels with the red drum fishery in the late 1990s and if we go ahead and protect the existing strong year classes of spotted seatrout we should see a dramatic improvement in the stock, just like we did with red drum.  Interim measures could be implemented that will allow more fish to be available to spawn and creating a faster recovery.
           
Chairman Currin said approving the motion now would put the MFC in position to vote on a size limit in September, after the updated stock assessment is out.

Commissioner Bizzell added he believes officials in Raleigh are expecting the MFC to address this issue. He reminded the MFC the gamefish bill is not dead, it is sitting in the General Assembly and that the bill can come back if legislators feel the MFC is not addressing the issue. He said he does not want the issue legislated.

Motion by Rob Bizzell to ask to direct the regional advisory committees and the Finfish Advisory Committee to review and comment of raising the spotted seatrout minimum size limit to 14 inches, seconded by Edward Lee Mann – motion passes, four in favor and three opposed.

Commissioner Bizzell then discussed directing the regional advisory committees to consider bag limits, trip limits, seasons or any combination of the regulations, as well as how to address user conflict issues. He suggested possibly reducing commercial harvests in primary nursery areas or have commercial and recreational fishermen fish on different days.

The DMF has been bombarded with complaints about user conflicts between commercial and recreational fishermen in the Newport and White Oak rivers, and attempts to get the parties to mediation have not been successful. Director Daniel said the conflicts are partly the result of a rule the MFC adopted last year requiring commercial fishermen to attend their gill nets at all times. This forced many commercial fishermen to stay in the creeks during rougher weather, competing for fishing spots with recreational fishermen.

Commissioner Bradley Styron said he felt if you shut an area off to one fisherman, you should shut it off to all fishermen - don’t let either the recreational or commercial fishermen fish in the shallow waters where there are conflicts.
           
Chairman Currin suggested the MFC send a list of ideas for the advisory committees to consider.
           
Commissioner David Beresoff said he was uncomfortable with splitting days between recreational and commercial fishermen because of the impact weather could have. He also said that most primary nursery areas are from Carteret County south where the water bodies are smaller and fishermen have to fish in certain areas because of tides. He said he has never seen the conflicts reported in other areas, but if the problem is just in certain creeks, it should be addressed in those creeks instead of everywhere.
                       
Chairman Currin said that if the MFC refuses to provide suggestions of how to deal with the conflict issues this year, it will leave the issue in the hands of the DMF director. He said trip limits, quotas and bag limits are issues the advisory committee should deal with, but Commissioner Beresoff’s idea to consider limits in different creeks might be in order.
           
It was explained there are two different gill net issues involved in the conflicts. One involves bycatch issues in large mesh, flounder nets; the other involves smaller mesh gill nets used in the narrow upper creeks used to catch fish like mullet and spotted seatrout.

Commissioner Hawkins said that if the DMF knows the creeks where the conflicts exist, the MFC should give the DMF director authority to close those creeks. Director Daniel said his only concern in specifically closing the existing conflict areas is that the fishermen and conflicts will simply shift to other areas.
           
Commissioner Mann clarified that a no-harvest provision for recreational fishing in Primary Nursery Areas would still allow a catch and release fishery. Commissioner Styron said if the MFC was going to allow catch and release fishing in the closed Primary Nursery Areas that is favoring one segment of the fishery over the other. Commissioner Beresoff said it would be hard to enforce, and he would prefer to make primary nursery areas sanctuaries. If these conflicts are that bad, close the areas to all fishermen.

Motion by Rob Bizzell to direct the regional advisory committees and the Finfish Advisory Committee to consider:

  • No commercial or recreational harvest of spotted seatrout in Primary Nursery Areas from the New River and its tributaries northward;
  • Harvest in Primary Nursery Areas by gill nets Monday – Thursday only, by recreational fishermen Friday – Sunday only, and no commercial or recreational harvest from Nov. 1 – March 1 annually;
  •  100 percent attendance of all gill nets in the Neuse, Newport, White Oak and New rivers and their tributaries;
  • Limiting the amount of gill net used by individuals and/or geographic areas;
  • Addressing conflicts in specific areas identified by the DMF based on reports; and
  • Any combination of the above

Seconded by Rusty Russ – motion fails, two in favor and five opposed.

Motion by Jess Hawkins for the MFC to take to the regional advisory committees and the Finfish Advisory Committee a list of specific conflict areas and dates provided by the DMF for consideration, seconded by Mikey Daniels – motion passed unanimously.

Spotted Seatrout FMP Goals and Objectives
DMF biologist Beth Burns reviewed the following proposed goal and objectives for the Spotted Seatrout FMP:

Goal:  Determine the status of the stock and ensure long-term sustainability for the spotted seatrout stock in North Carolina.

Objectives:

  1. Develop an objective management program that provides conservation of the resource and sustainable harvest in the fishery.
  1. Ensure the spawning stock is of sufficient capacity to prevent recruitment overfishing.
  1. Address socio-economic concerns of all user groups.
  1. Restore, improve, and protect important habitats that affect growth, survival and reproduction of the N.C. spotted seatrout stock.
  1. Evaluate, enhance and initiate studies to increase understanding of spotted seatrout biology and population dynamics in North Carolina. 
  1. Promote public awareness regarding the status and management of the N.C. spotted seatrout stock.

 

Motion by Jess Hawkins to approve the goals and Objectives of the Spotted Seatrout FMP, seconded by David Beresoff – motion passed unanimously.

Southern Flounder Interim Management Measures 
DMF biologist Chris Batsavage gave a presentation explaining methods used for an updated stock assessment for Southern flounder. He said an overall harvest reduction of 20.5 percent is needed to rebuild the stocks by 2015, as required by law. DMF recommended the MFC implement interim management measures by Jan. 1 to be in place during development of an amendment to the Southern Flounder Fishery Management Plan. Because Southern flounder is overfished, by law the MFC can consider interim management measures while a fishery management plan is being developed or revised.

DMF proposed:

  • A commercial summer and/or fall season closure;
  • A recreational summer and/or fall season closure;
  • A recreational size limit increase and creel limit decrease.

                                   
To view this presentation and the associated information paper, go to:
http://www.ncdmf.net/mfc/presentations.html

Commissioner Hawkins noted that if biologists had used the same benchmarks set in the current fishery management plan, overfishing would not be occurring, but biologist used different benchmarks for the recent stock assessment. He said the stock is turning in the right direction, we just have a long way to go. Chairman Currin said that under current harvest rates we’re not going to get where we need to be.
           
Batsavage said that at 14 inches, 49 percent of females are mature, and by 15 inches, 77 percent of females are mature. While increasing commercial size limit from 14 to 15 inches would result in a higher reduction in mortality, it would disproportionately impact fisheries in the western sounds that tend to harvest smaller, younger fish.
           
Commissioner Beresoff said it would devastate the small mom and pop fish houses that work in combination with the offshore fisheries. The restaurant price for a local plate of flounder would go higher, and more establishments would be forced to sell imported flounder.
           
The DMF did not recommend a commercial size limit change for interim rules was because it would require a gear change for this fall, and a decision on this issue by the MFC could not be made until September because any interim measures had to go to the regional advisory committees first.

Quotas also were not recommended. Batsavage said that the Southern flounder fishery is one of North Carolina’s largest inshore commercial fisheries and there are too many participants and dealers to manage under a quota system that would require daily monitoring.
                       
Motion by Rusty Russ to send interim measures on season and size limits for Southern flounder to the regional advisory committees for discussion and recommendations, seconded by David Beresoff – motion passed unanimously.

Motion by Jess Hawkins for the MFC to take to the regional advisory committees interim measures for Southern flounder a list of specific conflict areas and dates provided by the DMF, seconded by Mikey Daniels – motion passed unanimously.

Miscellaneous Issues
Red Drum - The MFC agreed by consensus to support the DMF director issuing a proclamation allowing commercial fishermen to keep one red drum without meeting a requirement that 50 percent of the catch be flounder, spotted seatrout or striped mullet. The MFC also agreed to add black drum to the list of species that can make up 50 percent of the catch.

River Herring – The MFC was advised 36 people applied for a river herring permit this past spring and landed 400 pounds. None of the catch was sold to the Jamesville Herring Festival. Director Daniel questioned whether the amount of fish caught was worth the staff time and expense needed to allow the harvest.
           
Smooth Dogfish – The Atlantic States Marine Fisheries Commission will hold a public hearing June 17 at Manteo Festival Park on Draft Addendum I to the Interstate Fishery Management Plan for Atlantic Coastal Sharks. The proposal would allow commercial fishermen to remove smooth dogfish fins at sea and consider eliminating smooth dogfish recreational possession limits.

Striped Bass amendment – The MFC was advised of an ASMFC Atlantic Striped Bass Management Board vote on May 4 to develop an addendum to include options to allow states to roll-over up to 50 percent of unused commercial striped bass quota to the next year’s fishing season. The draft addendum will be prepared for the board’s next meeting in August, and technical committee and advisory panel advice will be sought.  

Director Daniel said he believes North Carolina representatives have generated interest among board members in asking the National Marine Fisheries Service to reconsider the moratorium on striped bass harvest and possession in federal waters.

Motion by Jess Hawkins for the MFC to send a letter to President Barack Obama at the appropriate time requesting he rescind the executive order prohibiting striped bass harvest in the EEZ, seconded by Mikey Daniels – motion passed unanimously.

The meeting adjourned.
2009 Meeting Schedule:
Sept. 24 - 25    Clam Digger, Pine Knoll Shores (tentative)
Dec. 3 – 4        Clam Digger, Pine Knoll Shores (tentative)