Wilmington North Carolina
August 16 & 17, 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 August 16 & 17 at the Four Points Sheraton in
Wilmington, North Carolina. The meeting
opened with an Invocation and Roll Call. Commissioners in attendance included: Jimmy Johnson – Chairman, Dr. B.J. Copeland – Vice Chairman, Norm
Bradford, Mac Currin, Dr. Barbara Garrity-Blake, Bryan Gillikin, Rusty Russ,
and Robert Southerland. Willy Phillips
was absent.
Motion:
A motion was made to accept the minutes from a public hearing on June 6 and the June business meeting in New Bern – motion passed unanimously.
Chairman Johnson read a letter from Jerry Schill, President of the North Carolina Fisheries Association, regarding the NCFA’s position that the petition for rulemaking to restrict gill nets along Bogue Banks from the western boundary of Ft. Macon to Raleigh Avenue in Atlantic Beach should be denied due to lack of participation from all parties and affected gill netters.
Scott Poole – commercial fisherman from Wilmington, talked about allowing a purse seine bait fishery for cigar minnows and sardines. The current law allows purse seines to be used to harvest menhaden and thread herring for bait. Chairman Johnson agreed to get more information on the issue and will have the Southeast and Finfish advisory committees review the issue.
Pam Morris – Co-chair of the MFC Central Committee, talked about the petition for rulemaking to restrict gill nets along Bogue Banks from the western boundary of Ft. Macon to Raleigh Avenue in Atlantic Beach. She commented the issue was purely a social conflict and there was no scientific data to support restriction of the gill nets. She feels the petition was pushed by fear tactics and threats and supported by misstatements.
Advisor Appointments - Chairman Johnson is going to ask Bob Hines to fill a scientist’s position on the
Central Committee, Keith Tryon to fill a commercial slot on the Shellfish
Committee, Tyler Stone to serve on the
Flounder FMP Committee and Troy
Alphin to fill a scientist’s slot on the
Shellfish Committee.
A letter was
received from Jerry Schill, NCFA President, requesting the MFC send a letter to
the NMFS requesting the reopening of federal waters to striped bass
harvest. The issue was referred to the
Finfish Committee.
The MFC received several letters regarding problems
with crab pots in the Pasquotank
River. The issue was referred to the
Crustacean and Northeast Regional Advisory committees.
MFC member Robert Southerland was congratulated for
his appointment to the South Atlantic Fishery Management Council.
Eligibility Pool – By statute, the MFC annually sets the number of Standard
Commercial Fishing Licenses in the Eligibility Pool. Assistant Attorney General George Hurst gave the MFC an overview
of the program. The MFC voted to make
1,423 licenses available to qualified fishermen through the pool process for
the license year 2001/2002.
Motion:
A motion was made to place 1,423 Standard Commercial
Fishing Licenses into the Eligibility Pool for license year 2001/2002 – motion
passed unanimously.
Petition for Rulemaking – MFC discussed a petition
for rulemaking by several pier owners and a mullet stop net crew to restrict
gill nets along Bogue Banks from the western boundary of Ft. Macon to Raleigh
Avenue in Atlantic Beach that was submitted earlier this year. The issue has been reviewed by the
appropriate advisory committees, which approved initiating rulemaking but urged
compromise between the parties.
On Aug. 15, the DMF met with the petitioners and a
group of local gill netters and the group reached the following compromise
regarding the time, location and amount of gill net to be set in the above
referenced area:
-
gill net restrictions in effect from Labor Day until Nov. 15 each year;
-
Maximum length of a gill net set is 160 yds.;
-
Minimum distance of 300 yds. between gill net sets;
-
No gill nets set between 150 yds. - 350 yds. offshore of the beach;
-
Gill nets prohibited within 750 ft. of an ocean fishing pier; and
-
Gill nets prohibited within 450 yds. of the east side of stop nets.
Petitioners requested that the MFC suspend action on
the petition to see if the compromise works, but after much discussion the MFC
voted to deny the petition without prejudice and recommended the DMF issue a proclamation implementing the
conditions of the compromise. If
problems continue to arise with this situation, the petition can be resubmitted.
Motions:
Motion made to deny the petition without prejudice –
motion passed unanimously.
Motion made for the DMF director to issue a
proclamation implementing the conditions of the compromise reached by the
primary parties on Aug. 15, to be followed up by an evaluation of the fall
season – motion passed unanimously.
A proclamation establishing these restrictions was
issued on Aug. 31, 2001.
Committees Reports
Reports
were given on all of the various committee activities. The following actions
were taken as a result of committee recommendations:
Motions:
Motion
was made to send a letter to Department of Environment and Natural Resources
(DENR) Secretary Bill Ross regarding holding permits in abeyance for marinas in
primary nursery areas until adequate scientific information is collected – motion passed unanimously.
Motion
made to send letter to DENR regarding the environmental assessment for a water
treatment plant in Engelhard on Far Creek.
This is a very productive primary nursery area and the MFC feels DENR
needs to take this into consideration before approving the assessment – motion
passed unanimously.
Motion was made to send a letter to the Division of Coastal Management
regarding the Camden County Reverse Osmosis Plant to request the permit be
denied – motion passed.
Motion was made to send letter to Division of Water Quality asking to
modify the NPDES permit for Camden County Reverse Osmosis Plant to include
appropriate modifications to protect water quality in the discharge area –
motion passed unanimously.
Motion to send resolution to support the Environmental Management
Commission and the Division of Water Quality’s proposed rules to have
jurisdiction over isolated wetlands – motion passed.
Motion was made to approve a report on Coastal Habitat Protection Plans –
motion passed unanimously.
The DMF’s annual stock status report evaluates the health of North Carolina’s important coastal fisheries, spotlighting successes, as well as areas of concern. Of the 40 stocks listed, 12 fall into the viable and recovering categories, 12 are listed as concerned, 10 are listed as overfished, and six are listed as unknown.
Weakfish was the major classification change in the 2001 report. Other changes include shifting American shad and striped bass (in waters other than the ocean, Albemarle and Roanoke sounds) from the unknown to the concerned category, because more information has become available. In addition, yellow perch was added to the report for the first time during this assessment.
Fisheries Management Plans
Motions:
Motion was made to adopt the 2001/2002 FMP development schedule, including completion of the Oyster, Clam, and Interjurisdictional fmps, continued development of the Striped Bass and Southern Flounder fmps and a review of the Blue Crab FMP – motion passed unanimously.
Motion was made to adopt the following five-year priority schedule for FMP development – motion passed.
2001-2002
Oyster /Clam – completed
Interjurisdictional - completed
Blue Crab – reviewed
2002-2003
Striped Bass - completed
Southern Flounder – completed
Striped Mullet – initiated
2003-2004
Striped Mullet – completed
Bay Scallop - initiated
River Herring - reviewed
2004-2005
Bay Scallop – completed
2005-2006
Kingfishes – initiated
Red Drum - reviewed
Motion was made to adopt the priority list for FMP development to include striped mullet, bay scallops, white perch, yellow perch, kingfishes, catfishes and shrimp – motion passed unanimously.
Motion:
Motion made to approve and adopt the goals and objectives of the
Estuarine Striped Bass FMP – motion passed.
The MFC decided
to establish two FMP advisory committees – one to focus on the Albemarle Sound
and Roanoke River and the other to concentrate on the Pamlico Sound and Tar-Pamlico,
Neuse and Cape Fear rivers. A news release was issued on Aug. 27 soliciting
advisors - http://www.ncdmf.net/news/nr2k1/NR-36-01.htm
Oyster and Clam
Fisheries Management Plans – Final Approval
The Legislative
Study Commission of Seafood and Aquaculture and the Environmental Review
Commission sent back the draft Oyster and Clam fmps without any substantial
recommendations for changes. Upon receiving this favorable report, the MFC adopted
the final Oyster and Clam fmps with modifications (see motions) and then
adopted temporary rules to begin implementing the provisions of the FMPs.
Central District
Manager Mike Marshall, requested that the MFC dedicate the Oyster FMP in memory
of Dr. Al Chestnut, who passed away earlier this year. Dr. Chestnut was Director of the UNC
Institute of Marine Sciences from 1955 - 1980 and a well-respected leader in
oyster research and fisheries management. Throughout his career he worked to
improve the management of our state's public and private oyster resources.
Motions:
Motion was made to dedicate the Oyster FMP in memory of Dr. Al Chestnut – motion passed unanimously.
Motion was made to adopt to adopt the Harvest Issues as recommended in the Oyster FMP – motion passed unanimously.
Motion was made to adopt the Private Culture issues as recommended in the Oyster FMP – motion passed unanimously.
Motion was made to amend first item under Enhancement Activities in the Oyster FMP to allow continued enhancement of existing oyster sanctuaries and develop mechanisms to add new sanctuaries - motion passed unanimously.
Motion was made to adopt Enhancement Activities as recommended in the Oyster FMP, as amended - motion passed unanimously.
Motion was made to adopt the Environmental Issues as recommended in the Oyster FMP – motion passed unanimously.
Motion was made to adopt the Insufficient Assessment Data issues as recommended in the Oyster FMP, with an amendment in the third item to read “ Support mechanisms that would provide data on recreational shellfish harvest and add ‘pleasure’ category to the existing Shellfish License” – motion passed unanimously.
Motion was made to adopt criteria for designation of hand harvest areas and specify those areas by rule for oysters - motion passed unanimously.
Motion was made to approve remaining at status quo on 2.5 inch oysters – motion passed unanimously.
Motion made to approve elimination of size requirements for oysters in aquacultre operations – motion passed unanimously.
Motion made to change the first item under Insufficient Data issues in the Clam FMP to read “Develop a mechanism to collect recreational clam data.” – motion passed.
Motion to adopt all five Insufficient Data issues as recommended in the Clam FMP, as amended – motion passed unanimously.
Motion made to adopt Management Strategies issues as recommended in the Clam FMP – motion passed unanimously.
Motion was made to adopt Private Culture issues as recommended in the Clam FMP – motion passed unanimously.
Motion was made to adopt Habitat and Water Quality issues as recommended in the Clam FMP – motion passed unanimously.
Motion was made to approve a 20-bag limit of clams – motion passed unanimously.
Motion was made to rotate mechanical harvest/kicking areas for clams between southeast Pamlico Sound and Core Sound – motion passed.
Motion was made to adopt statutory policy statement supporting shellfish culture – motion passed unanimously.
Motion was made to maintain status quo on opportunities for riparian landowners to culture shellfish – motion passed.
Motion was made to recommend an increase in water column leases to 10 times the rate for bottom leases – motion passed unanimously.
Motion made to approve, develop and utilize user coordination plans to assess areas for shellfish leasing – motion passed unanimously.
Motion was made to adopt the Oyster FMP as amended – motion passed unanimously.
Motion was made to adopt Clam FMP as amended – motion passed unanimously.
Motion was made to approve temporary rules to implement Oyster and Clam fmps (see Rulemaking) – motion passed unanimously.
Prohibited Shellfish Areas - adds depuration as an exemption for harvest activities in these areas.
Shellfish or Seed Management Areas – technical changes referencing new permit rules.
Prohibited/Polluted Areas - technical changes referencing new permit rules and clarifies seasons.
Depuration of Shellfish - technical changes referencing new permit rules and establishes dealers as permitees.
Marketing Oysters Taken from Private Shellfish Bottom – removes permit requirement
Oyster Size and Harvest Limit Exemption – exempts oysters raised in aquaculture operations from bag and size limits.
Mechanical Harvest Season – identifies new area for mechanical harvest of clams in Pamlico Sound beginning Dec. 1, 2001
Standards for Shellfish Bottom and Water Column Leases – changes production and planting requirements
Cancellation – changes cancellation criteria to match new production and planting requirements.
Procedures and Requirements to Obtain Permits – identifies requirements for Depuration Permit
Hearings will be held Feb. – April 2002, location and dates TBA
Motion was made to republish king mackerel rules – motion passed unanimously.
Motion was made republish License Renewal Process rules – motion passed unanimously.
Motion was made to approve language to define and restrict fyke and hoop nets – motion passed unanimously.
Hearings will be held Feb. – April 2002, location
and dates TBA
Subject Matter Notice (potential rule changes the MFC is considering)
Motion was made to publish subject matter notice for the following issues:
General Delegation Authority for DMF Director
Long
Haul Panels
Rules to implement Interjurisdictional FMP
Rangia clams permits
Recreational Slot Limit for Bluefish
– motion passed unanimously.
Violation Point System
The 1997 Fisheries Reform Act required the MFC to
make recommendations to the General Assembly on a violation point system. Assistant
Attorney General George Hurst reviewed the proposed violation point system for
fishing licenses with the MFC, after several review by the advisory committees.
The MFC agreed to strengthen the points assigned for
conviction of assaulting an officer and harvesting shellfish in a permanently
closed area.
Motion was made to require violation points to be assigned to both the person and the fishing license – motion passed.
Motion was made to send the proposed violation point system with modifications to the Joint Legislative Study Commission of Seafood and Aquaculture – motion passed unanimously.
DMF Director Pres Pate reviewed the following topics:
New Employees – Since the last MFC meeting, the division has filled
two key positions - Joe Lynch, is the
new colonel of the Marine Patrol and Kathy Brown, is the new Information
Technology section chief.
Rule Suspension for Commercial Minimum Size Limit for King Mackerel – earlier this year, the DMF Director changed the commercial limit from 20 inches to 24 inches by suspending the rule and implementing a new size limit by proclamation. The rule needs to be resuspended at each subsequent MFC meeting until a permanent rule change becomes effective.
Motion:
Motion to resuspend the rule and continue the commercial size limit for king mackerel at 24 inches – motion passed unanimously.
Budget – The outlook continues to
be bleak. Earlier this year, the DMF operation budget was cut by $586,502 by deferring replacement of
equipment. There is a freeze on
spending and travel, and many positions are still frozen. The DMF has lost six
vacant positions for a budgetary impact of $207,000. In addition, the division
is losing $10,000 from Governor’s Cup special fund and $250,000 was taken from
the Fishery Resource Grant Program. It appears that there could be further cuts
this fall.
Flounder
Gill Net Fishery in the Pamlico Sound – The DMF submitted application for a Section 10 permit to NMFS on August
1. During negotiations, DMF convinced NMFS
to allow a limited shallow water fishery for large-mesh gill nets on the
eastern edge of Pamlico Sound, behind Hatteras, Ocracoke and Portsmouth
islands. The initial proclamation was
issued on Aug. 22 setting out the parameters for the shallow-water fishery. It is anticipated that NMFS will close the
vast majority of the Pamlico Sound to large-mesh gill nets in the near future.
Summer
Flounder – At a recent joint
meeting of Atlantic States Marine Fisheries Commission and the Mid Atlantic
Fishery Management Council, next year’s east coast harvest quota for summer
flounder was increased from 17.9 to 24.4 million pounds. This translates to about 1 million more
pounds for N.C. fishermen. The outlook
for flounder is good and is clearly another success story for FMPs.
Updates were given on the activities of the following groups:
Meeting Adjourned
2001 Meeting Schedule:
October 4 & 5 – Business Meeting – Atlantic Beach
December 4 & 5 – Business Meeting – Kill Devil Hills