THE MFC ADVISOR
Marine Fisheries Commission Business Meeting
Clam Digger Inn at Pine Knoll Shores, North Carolina
Dec. 2-4, 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@ncdenr.gov or by phone at 252-808-8021 or 1-800-682-2632.

The commission held a public meeting on the evening of Dec. 2, followed by a business meeting December 3–4 at the Clam Digger Inn at Pine Knoll Shores, North Carolina. The following commission members were in attendance: Rob Bizzell-Chairman, Anna Beckwith, B.J. Copeland, Mac Currin, Mikey Daniels, Edward Lee Mann, Joseph Smith, Bradley Styron and Darrell Taylor. David Beresoff resigned from the commission on Nov. 16, 2009.  Governor Bev Perdue appointed Joseph Smith of Atlantic Seafood in Hampstead to fill this seat on Nov. 25, 2009.

PUBLIC MEETING – DEC. 2

The public meeting began at 6 p.m. and seven individuals spoke. The public can speak on any fisheries issues they want to address with the commission.

Kelly Schoolcraft, a commercial fisherman from Frisco spoke regarding the black sea bass fishery north of Cape Hatteras. He said this past year was the first year the black sea bass quota was all caught, and it occurred in the first two weeks of the summer flounder fishery, which began Jan. 1. He said a solution for this dilemma would be individual take quotas, but since that requires legislative approval he asked for a 250-pound trip limit for the 2010 season. He also asked the commission to seek a quota rollover provision from the Atlantic States Marine Fisheries Commission for the black sea bass fishery. He noted that because North Carolina is the only state that allows fishermen from other states to fish on its black sea bass quota, he supports a permit requirement for North Carolina’s fishery with some qualifying conditions. A permit would also give the state more information about how many boats are participating in the fishery, he said.
 
Sean McKeon, president of the N.C. Fisheries Association, told the commission there is not consensus among the commercial fishing industry regarding black sea bass and NCFA has not yet taken a position on some of the issues Schoolcraft brought forth. McKeon also discussed his concerns about a directive from the commission chairman to the Southern Flounder Fishery Management Plan Advisory Committee to not discus or take comment on harvest reductions at its Nov. 19 meeting. He asked the commission to consider nominating Rita Merritt as the preferred candidate for the obligatory seat on the South Atlantic Fisheries Manage Council. He also encouraged the commission to take a strong stand on issues that North Carolina requested and failed to get from the Atlantic States Marine Fisheries Commission, particularly on weakfish. The ASMFC measures adopted essentially make weakfish a bycatch fishery with great potential for regulatory discards, he said.

Eddie Morris, a commercial fisherman from Plymouth expressed concerns regarding problems with the way advisory committees are run. He said the committees, when they begin to discuss an issue, are preached to about how overfished a fishery is when statistics show the fishery is either steady or growing. Morris said most fish cycles are controlled by the weather. He also said committee meetings that begin at 4 p.m. and are held out of town are hard for working people to attend, and if you are able to get there, the members talk to you, not with you. He said that it became clear to him at the last spotted seatrout meeting that the aim was to make the commercial fishery a bycatch-only fishery. Morris said he has already lost income through regulations impacting red drum and other fisheries, but the socio-economic assessments do not take that into consideration. Morris said spotted seatrout recover quickly from environmental events. Morris also questioned Division of Marine Fisheries flounder research, saying that the big flounders are always caught in October and if biologists are not sampling then they are missing a big portion of the stock.

Lee Morris of Plymouth said he is a commercial fisherman who makes most of his living off flounder, though he chases a little of everything to survive. Morris said that at all the commission and advisory committee meetings it is stated that the intent is to rebuild the stock, but the numbers division biologists are presenting levels for rebuilding that never existed. He called it stockpiling and said you can’t stockpile a stock that gets wiped out every few years. Morris asked the commission if spotted seatrout is made into a bycatch-only fishery and flounder harvests are cut back, what target species will the bycatch be for? Also, Morris said that alewife herring are the healthiest they’ve ever been and when the alewife fishing peters out later in the season, then the blueback herring come in, and they are probably in trouble. But there is no reason to prohibit alewife fishing, he said. Morris said the commercial fisherman is not the problem with gray trout and taking away from the fishermen will not help the stocks because they will still be eaten by natural predators. He said he understands there is a big problem between sport fishermen and commercial fishermen – they are in each other’s way. But he said the commission needs to find a way to resolve the problem, not just run the commercial fisherman off.

Mitchell Tate of Belhaven said he has been a commercial fisherman all his life, fishing from Texas to Nova Scotia. Next spring he plans to catch star butterfish, because he has seen good signs of them the past couple of years. He said he makes most of his money out of floundering and Spanish mackerel, and he has seen good signs of flounder, too, having thrown back the most 13-inch flounder he ever has. Tate asked the commission to not take the gill netting from them because a lot of mouths are fed and children are raised on it.

Jonathan Robinson, a Carteret County commissioner, spoke on behalf of Carteret County Fishermen’s Association. Robinson said it is no surprise the plight fishing communities are facing, and he is saddened to see the demise of the fishing industry when it would have taken just a little nurturing and support to help them continue.
Instead, he said many ASMFC member states’ regulatory bodies are acting to cripple fishing communities. He asked North Carolina to stand up for itself. No other state has given as much over the weakfish and it is time for North Carolina to challenge the ASMFC over the 150-pound trip limit. He asked the commission to consider supporting North Carolina fishermen in opposition to this draconian management plan. He recalled he had a family member that he thought was an extremist in the mid-90s when he likened the management plan process to industrial genocide. Now, Robinson said he thinks his family member was right.

Reggie Bishop, a commercial fisherman from Pantego said that every year it seems the numbers of commercial fishermen dwindle and every year more and more is taken away from them. Recent calls for more harvest reductions are just another stepping stone. The commercial fishing industry is not too far from being an obsolete group. He asked the commission to fight for anything they can get for the fishermen.

BUSINESS MEETING - MOTIONS AND ACTIONS – DECEMBER 3-4

Chairman Rob Bizzell convened the Marine Fisheries Commission business meeting at 9 a.m. and reminded commissioners of ethics requirements.

Chairman Bizzell introduced new Marine Fisheries Commission member Joe Smith, replacing David Beresoff, who resigned due to personal reasons. Smith said his father was on the commission in mid-1970s and he attended a lot of meetings and learned a lot then. He said he has been looking forward to getting involved and learning and doing what he believes is best for the people of North Carolina. He is from Hampstead and owner of Atlantic Seafood Company. He said he is not just commercial minded, but open minded to recreational issues, as well. He said he will speak from his heart and do what he thinks best for the state.

Motion by Anna Beckwith to approve the agenda for the Dec. 2009 MFC business meeting, seconded by Mac Currin – motion passed unanimously.

Motion by Mac Currin to approve the minutes of the Sept. 2009 MFC business meeting and the Nov. 23, 2009 conference call, seconded by Mikey Daniels - motion passed unanimously.

Chairman Bizzell recognized David Knight, Department of Environment and Natural Resources assistant secretary for environment, who attended the meeting.

Service Award - Past chairman Mac Currin presented a plaque to former commissioner Jess Hawkins, recognizing him for his service from Nov. 19, 2007 to July 27, 2009. Hawkins thanked the board and the division and said he enjoyed serving with them.

Order of the Long Leaf Pine - Tate Johnson, director of the Governor’s Eastern Office presented former Marine Fisheries Commission Chairman Mac Currin with the Order of the Long Leaf Pine. Currin, who still sits on the commission, has also sat on the Joint Legislative Commission on Seafood and Aquaculture and the South Atlantic Fisheries Management Council, among other services. Currin gave the traditional North Carolina toast and expressed how honored he was to be distinguished in this way.


Public Comment  
George Leone, said current scientific conclusions concerning sea turtle populations are drawn from a nest-based assessment that is 10 years old, and he believes there is 10 times that number of turtles in the water now. He encouraged the state to seek an in-water assessment to evaluate the sea turtle population. Leone made the point that he sees more dead deer on the road these days too. He asked if that means more people swerve and hit deer or that there are just more deer. He also asked the state to push for a state-by-state quota for snapper-grouper. Leone said it is ironic that he is paying state and federal taxes for the government to put him out of business. He spoke of older fishermen who have worked a long time in fisheries and who don’t know anything else to do. He said that in this current economy, if they are put out of work, there will not be any other jobs for them to get.

Sean McKeon, president of the N.C. Fisheries Association, asked the commission to consider allowing more of a dialogue between the commission and fishermen during the public comment period. He said this is the time when those, who do not know how to communicate with Chairman Bizzell or Director Daniel directly, come to get answers to their questions. McKeon said he does not think the fishermen would get out of hand, if some question and answers were allowed. McKeon also told the commission that he hoped the commission would put interim management measures for southern flounder on the shelf until the state finds out how the legal challenge shakes out. He said he is not sure the reckless people who put this lawsuit forward understand the future ramifications for other water uses. The Endangered Species Act does not distinguish between a gill net take, a recreational fishing take or a skiing take, McKeon said. He said the fishing industry is willing to help the division in data collection or other things to bring the fishing industry into compliance with the act, but also to work to reform the law. He said he believes the Endangered Species Act has had ramifications far beyond what most people would call reasonable.

Bill Mandulak, president of the Coastal Conservation Association of North Carolina, noted he was sorry to see that David Beresoff had resigned from the commission. Mandulak said he appreciated Beresoff’s objectivity and efforts over the years. Mandulak said he was really angry over the recent actions by the commission regarding the extension of flounder season. He said that when the Southern Flounder Fishery Management Plan was put into place five years ago, everyone knew it had a slim chance of succeeding. Twice in the past three years this plan has been raped and totally ignored. He said he is not against pound nets – he thinks it is the cleanest fishery we have – but the commission needs to stick to the rules it puts in place. He said the commission is here to protect the public trust resource and they are not doing it. He said there was no scientific data on which they based their decision. He told the members that they know very well these fish are overfished, they know overfishing is occurring and yet they extended the season twice in the past three years. He said he is speaking to high school students in Brunswick County who are running a flounder hatchery and he does not know what to tell them. He said that in the past 10 years, he was not aware of a single species that has actually reached recovery status based on the actions of this commission. He said he understands you have to take care of the commercial and recreational fishermen, but you can’t take care of them if there is no fish in the water. He said there is no wonder people are talking about different kind of actions; this turtle thing is a mess but part of the responsibility rests with you folks. He said the commission has to step up to the resource because if they don’t do something, they will be back in 10 years continuing to fight over the scraps.

Chuck Laughridge, a recreational fisherman from Harker’s Island, said the division has the best staff and scientists on its payroll at any time he can remember. He thanked the commission for serving and said it has had great success in the past with striped bass and red drum, Laughridge said the commission does not often get a pat on the back for its successes. He said the commission has also caught the blame for the failures with species such as flounder and river herring. He said the commission will continue to catch blame until the problem is fixed, though in all fairness, much of the blame rests with their predecessors. He said it was confusing why the commission would adopt a policy that all its fishery management plans have a 50 percent chance of success, but opposed that same policy being legislatively mandated.  He said the commission also confuses the public by asking people to serve on advisory committees then ignores their advice. He said the first Southern Flounder Fishery Management Plan Advisory Committee may be the worst example of how a fishery management plan is supposed to work with data being changed, resignations at the division and the final advisory committee recommendations ignored. Now is the chance for the commission to remedy this, he said, but instead the choice is to delay interim measures, extend the commercial season and find that a commission member who makes more than 30 percent of his income from flounder has no conflict of interest in voting on this issue. He said the public expects better and every time the commission acts like it has on southern flounder and river herring it forces the public to listen to fringe groups that are hell-bent on doing away with the current fishery management process.

Joe Shute, an inshore guide and bait and tackle shop, who co-chairs the Southern Flounder Fishery Management Plan Advisory Committee, told the commission that the advisory committee had good people and got good input from both recreational and commercial industries before putting forth recommendations for the Southern Flounder Fishery Management Plan in 2005, but the recommendations were not adopted. Now, he said, we’re right back where we were before, spending taxpayer money and taking people’s time from their businesses. When the committee began meeting this time, the committee was told it was mandated to end overfishing, then, last week the commission voted to extend the flounder season for the pound net fishery, Shute said. He said he can see where it would be tempting extend the season because the harvest would not be that great and it would put a little money in people’s pockets for Christmas, but that doesn’t make any difference because the mandate in law is to stop overfishing. You cannot extend the season when the fishery is overfished, especially for just one fishery, Shute said. While the pound net fishery is a clean fishery, the decision upset the gill netters and others. Shute said he feels like he’s beating his head against the wall and he is probably going to resign as co-chair and the commission needs to find his replacement. Shute said there is a lot going on that needs to change.

Owen Lupton, representing Project Cease Fire, asked for resolution against expansion of Bombing Range 11, Piney Island. Lupton, co-chairman of Southern Flounder Fishery Management Plan Advisory Committee, also resigned from advisory committee. Lupton said the commission has now twice voted against its own plan. He said that if it is not important enough for the commission to follow, it is not important enough for the committee to spend countless hours developing. He does not believe the data is correct on the 2009 stock assessment. Lupton also said the committee, at its November meeting, was told not to discuss interim measures on southern flounder because of a possible lawsuit regarding sea turtles and not to take public comment on harvest reductions. Lupton said the meeting should have been cancelled. Lupton said the committee was prepared to vote on interim measures and that a vote for no interim measures would have carried. Lupton said he has tried to make a difference in the fisheries of our state so that all user groups are represented. He said the process, as it now stands will not allow him to do what he is thinks is right for the fisheries. Lupton resigned from the committee.

Ray Brown of Goldsboro said that in 1998 he delivered a petition to the commission and the N.C. legislature, which remains the largest petition on fisheries issues -- 23,000 signatures were delivered, and another 7,000 signatures came in after the petition was delivered. At that time, Brown said he was asked to quit running around the system and become part of the system, and he did. Brown said you could not pay people to work as hard for the state as Owen Lupton and Joe Shute. The advisory committee questioned the data, but that is their job. It is the commission’s duty to question, as well. Brown, who serves on a South Atlantic Fisheries Management Council committee, said council members often call him to ask how his committee came to a particular decision. The state commission members never call and ask why, Brown said. He said his resignation from the advisory committee is not about the commission’s last vote. He said the overfishing laws in this state are not the commission’s to arbitrarily work under or not. No matter how low the flounder landings will be during the extension, the whole process in that vote was saying the law is not important.  Brown said his resignation is on behalf of all the advisers who stay on or join the system, and he hopes the commission will reward the time and efforts of those committee members who stay. It is vitally important that the commission become consistent and predictable in adhering to the law and bringing overfishing under control, Brown said. He said he is resigning from the committee but not from the desire and the process of changing the way we manage fish and fishermen in North Carolina.

Jack Cox of Blue Ocean Market asked why the commission could not have a better dialogue with the fishermen who come for public comment. Cox also asked the commission to seek state-by-state quotes for the snapper-grouper fishery from the South Atlantic Fisheries Management Council. The species sought, the climate and the methods of fishing are different in different states, Cox said. Cox commended the commission on extending the southern flounder season. He said the pound net fishery is one of the cleanest fisheries there is, and they fought eel grass for three weeks out of the regular season.

Bernie McCants of Raleigh, who is a member of the Finfish Committee, urged the commission to work with the division to come up with an electronic trip ticket reporting system for southern flounder so that it could manage the fishery under a quota instead of a set season. The fish don’t have calendars, McCants said, and in warmer weather years, the fish will stay later in the season. McCants also thanked former commissioner David Beresoff for his service.

Bert Owens of Beaufort said there was a thread of similarities through the public comments this morning that he hopes the commission hears. He asked a series of rhetorical questions. Why are you here? Why are you on the commission? Is rebuilding fisheries better for everyone rather than short-sighted extensions? The advisory committees have a similar makeup to the commission, so how much weight do you give their recommendations? Owens said the fisheries management plan process has become viewed as a waste of time. He observed that the division was able to reopen the bay scallop season this past winter, he said to take note of what had to be done for the stocks to begin to recover. Owens said that if North Carolina’s fish stocks fail it will not be the division’s fault but the commission’s. He asked the board to please take strides to help the fisheries, not baby steps.

David Tucker, an owner of Blue Ocean Market and a commercial snapper-grouper fisherman, said he has concerns that recreational fishermen are illegally selling grouper, mahi, etc. to restaurants and none of these fish get accounted for through the state trip ticket program. Tucker said the state should step up enforcement on these restaurants. Tucker also said he would like to see a 500-pound trip limit on grouper to avoid a season closure. He said that if there is a closed season on grouper, restaurants will seek the product from imports and not come back to the seasonal local product. Tucker said he thinks it is unfair for the federal government to close gray grouper season for the protection of black grouper.

Bobby Brothers of Elizabeth City had concerns about the southern flounder stock assessment. He asked what benchmark year was used for the spawning stock biomass numbers. He said he has not been satisfied with the answers he’s received. Brothers said the scientists who peer reviewed the assessment do not know what’s out there, they just look at a set of books. Brothers said that if you look at trip tickets, there has not been any change in the commercial catch of southern flounder year after year. It’s a stable fishery, so there can’t be much of a problem, Brothers said.

Terry Pratt, President of Albemarle Fishermen’s Association, spoke against interim management measures for southern flounder. He said the state has implemented management plans on a lot of fish, but usually, rather than let the plans work, the state comes back in and tinkers with it. He said data gets skewed, changed and fabricated sometimes to satisfy a computer model, when that model has nothing to do with the real world. Environmental conditions, Pratt said, are changing faster and faster, and the state needs to look at the environmental system as a whole.  The flounder plan is heading for success, he said, and the herring plan would have worked if it hadn’t been stepped on. Pratt said he has done his own research and he has seen a lot of blueback herring. The fish are out there, he said, but there is no market for them. The only herring fishery left is the retail market. The old salt fish market is dead. Pratt asked the commission to allow common sense to prevail and look at the system as a total system, at what the whole gamut of fisheries species does to each other.

Kelly Schoolcraft agreed with those who spoke before him who asked the commission to seek state-by-state quotas for the snapper-grouper fishery, but also for the king mackerel fishery, as well. He spoke against the South Atlantic Fishery Management Council’s attempt to regulate fisheries based on Florida data. Schoolcraft said there are quotas for North Atlantic species, like dogfish and summer flounder, but there are few state-by-state quotas for South Atlantic species. He encouraged the commission to keep pressuring the SAFMC for state-by-state quotas. He added that at some point, data from Mexico will be added into a stock assessment from king mackerel, which will be terrible, he said.

Commissioner Anna Beckwith asked to recognized, the following are her comments:

“I want to take a moment to address the advisors and others in the community that have expressed concerns about the Marine Fisheries Commission’s vote to extend the pound net season through Dec. 15, essentially bypassing the Southern Flounder Fishery Management Plan approved by the commission in 2005.  A vote to extend the entire flounder season for both gill nets and pound nets would have put significant pressure on migrating southern flounder and placed the state in a precarious legal position due to possible additional turtle interactions. 

“When considering the extension for pound nets, division staff estimated the potential catch for the two-week period to be about 20,000 pounds.  Considering recent reductions in total flounder harvest due to the gill net closures and reduced flounder harvest in pound nets due to warm temperatures and the accumulation of animal grass on pound nets during the regular season, the harvest of this 20,000 pounds has little impact on the recovery of southern flounder.

“The overarching job of the commission is to manage and protect the resource first and foremost . . . but when the resource can withstand the pressure we are also called upon to consider the needs of those that utilize the resource.  The request for the extension of the flounder season gave the commission a rare opportunity to offer much needed assistance to a small fishing community without impacting the long-term goals of the Southern Flounder Fishery Management Plan.

“Having said this, I feel that the commission acted hastily in voting to extend the pound net season.  Over a one hour phone conversation, and without consulting the advisory committee that has worked on this issue for the last several years, the commission circumvented the fishery management plan process.

“Given the opportunity, our flounder advisory committee may have given us a clear directive to maintain the Nov. 30 season closure date for all gear types.  Although we may not always accept all of the recommendations of advisory committees, it is important that the advice and recommendations offered to the Marine Fisheries Commission are seriously considered.

“I want to thank all of those individuals who are dedicating significant time and effort to the development of fishery management plans.  I intend on working as a more efficient advocate on your behalf and I encourage and the development of management alternatives that are derived by you, the users of the resource.”

 

Stock Assessment Overview
Division staff gave several presentations on agency data collection programs and how they are used in stock assessments. North Carolina leads the nation in marine fisheries data collection, said Division Director Louis Daniel. Presenters were:

  • Alan Bianchi, Trip Ticket Program – outlined how commercial harvest statistics are gathered and utilized;
  • Chris Wilson, Recreational Statistics Program – discussed the gathering of recreational effort estimates and uses;
  • Clark Gray, Dependent Sampling Program – reviewed data collection programs from commercial fish houses and observer programs;
  • Lee Paramore, Independent Sampling Program – sampling and studies done by the division to assess abundance indices, critical habitat identification; and    
  • Louis Daniel, How It All Fits Together – explained how the division takes all of the data discussed by the previous speakers and then incorporates that into a stock assessment, which is used in determining the health of a stock and to help make predictions on that stock’s response to management options.

This presentation can be found at: http://www.ncdmf.net/mfc/MFC_downloads/dec2009/MFC%20Stock%20Assessment%20Presentation.pdf

Closed Session
The commission held a closed session to consult with its attorney regarding a 60-day notice of intent to sue the division and commission. The notice, dated Oct. 20, was sent by Duke Environmental Law & Policy Clinic on behalf of the Karen Beasley Sea Turtle Rescue & Rehabilitation Center. It claims the state has violated the Endangered Species Act in relation to permitting gill net fishing.
 
Motion by B.J. Copeland for the Marine Fisheries Commission to go into closed session pursuant to G.S. 143-318.11(3) to consult with counsel regarding the 60-day notice of intent to file a lawsuit submitted by the Duke Environmental Law and Policy Clinic on behalf of the Karen Beasley Sea Turtle Rescue and Rehabilitation Center, seconded by Edward Lee Mann – motion passed unanimously.

The commission came out of closed session and recessed for lunch and reconvened at approximately 2:30 p.m.

Clarification of Open Meeting Laws, Public Record Laws and E-mail Retention and Gift Bans - Commission Counsel Frank Crawley, with the N.C. Attorney General’s Office, reviewed a number of items with the panel, including Open Meetings Law, Public Records Law, email retention policies and gift bans.

Issues from Commissioners
Commissioner Mac Currin asked the division to research establishing minimum size limits and trip limits for finfish that do not have size limits now, such as spot, croaker, sea mullet and black-fin tuna.

Chairman’s Report
Commission Chairman Rob Bizzell told the board that he had sent a letter, approved by the board at its September meeting, asking the Division of Air Quality to delay air quality permits for Titan Cement Plant in Hampstead until an environmental impact statement is complete.

Bizzell also informed the board that he had received and responded to letters and resolutions from Atlantic Beach town commissioners and the Carteret County Board of Commissioners asking the state’s help in addressing federal snapper-grouper issues.

Bizzell told the board that he had talked with two advisory committee members regarding photos on Internet sites that showing them involved in questionable fishing activities. 

Committee Reports
The MFC heard reports from advisory committee meetings.
The Nominating Committee met Nov. 10 and submitted the names of Tom Burgess, Rita Merritt and Kenneth Fex – with Tom Burgess the preferred choice -- for an obligatory seat on the South Atlantic Fisheries Management Council. The committee did not select current SAFMC member Merritt as the preferred choice because, at the time, there was concern that she was getting out of the fishing business, said Commissioner B.J. Copeland. The obligatory seat traditionally goes to a commercial fishing representative in the state. Since that time, more information has come to light and Merritt is indeed still in the seafood business and she is the commercial fishing industry’s choice, Copeland said.

Motion by B.J. Copeland to submit to the governor the names of Rita Merrit, Tom Burgess and Kenneth Fex as candidates for nomination to the obligatory seat to the South Atlantic Fisheries Management Council, with Merrit as preferred candidate, seconded by Mac Currin - motion passed unanimously.

A Joint Coastal Recreational Fishing License Committee of Marine Fisheries Commission and Wildlife Resources Commission members recommended awarding a total of $3.2 million to 23 projects in the 2010 cycle of Coastal Recreational Fishing License grants - 12 totaling $2.4 million in the People category; six totaling $423,439 in the Fish category; and five totaling $345,283 in the Habitat category.

Motion by B.J. Copeland to approve projects in the People category, as recommended for funding from the Marine Resources Fund by a Joint Marine Fisheries Commission/Wildlife Resources Commission Coastal Recreational Fishing License Committee, seconded by Edward Lee Mann - motion passed unanimously.

Motion by B.J. Copeland, seconded by Lee, to approve projects in the Fish category, as recommended for funding from the Marine Resources Fund by a Joint Marine Fisheries Commission/Wildlife Resources Commission Coastal Recreational Fishing License Committee, seconded by Edward Lee Mann - motion passed unanimously.

Motion by B.J. Copeland to approve projects in the Habitat category, as recommended for funding from the Marine Resources Fund by a Joint Marine Fisheries Commission/Wildlife Resources Commission Coastal Recreational Fishing License Committee, seconded by Edward Lee Mann - motion passed 8-1.

The Conservation Fund Committee asked the commission to approve spending up to $5,000 per year, for two years, to pay for professional mediation for fishing conflicts. The Conservation Fund receives about $5,000 per year from the Governor’s Cup Series. It also receives money from replacement cost fines in fisheries criminal cases, the sale of confiscated catch, gifts or memorials, interest from investments and revenue from specific projects, such as the sale of red drum prints commemorating the first year of the Coastal Recreational Fishing License. The current balance in the Conservation Fund is $271,000. Commissioner Currin said he had been concerned with using the fund for mediation purposes because he had believed it was derived almost solely from print sales and Governor’s Cup receipts. Now that he is aware that approximately $50,000 came from interest from oyster rehabilitation projects and enforcement fines, he is more comfortable with using the fund for mediation, he said.

Motion by Mac Currin to approve the expenditure of up to $5,000 per year, for two years from the Conservation Fund, for professional mediation in fishing conflicts, seconded by Anna Beckwith - motion passed unanimously.

Division Fisheries Management Section Chief David Taylor gave the commission an overview of the mediation process, through which the division hires fair and impartial, professional mediators to sort out differences between disputing parties. The division has tried professional mediation twice. Once, between Bogue Banks stop netters and gill netters, who agreed to measures that were implemented in 2006. The second time was between gill netters and guides who could never agree on date to meet. Professional mediation costs about $500 per session.
                                                           
The Civil Penalty/Law Enforcement Committee met in October to hear two appeals to civil penalties fines, but neither party showed up for the meeting. A meeting for a third case was scheduled, but the party paid the fine and the meeting was cancelled.

Southern Flounder Interim Management Measures
The commission voted to delay consideration of interim management measures for southern flounder pending the resolution of possible litigation regarding sea turtle interactions. Commissioner Currin said he was confused and concern by this action. While the commission does not know the impacts to the fishery of measures that might be taken to resolve the litigation, it does know it is behind on its schedule for rebuilding southern flounder stocks, Currin said. Further delay of management measures will only require higher reductions in mortality later to meet the rebuilding timeframe required by law, he said. He encouraged the commission to go ahead and implement stricter management measures to meet the goals. The regulations could be lifted later if the commission finds they are no longer needed because of actions taken to resolve the litigation, he said. Division Director Louis Daniel clarified that, while he supported delaying the discussion on interim management measures, his intent is for the commission to resume the talks at its March 2010 meeting. Director Daniel also asked the commission for permission to use the mediation process to address user conflicts in the southern flounder fishery.
           
Mikey Daniels moved to table consideration of southern flounder interim measures until more information is available regarding pending litigation, seconded by Joe Smith - motion passed with one dissention.

Anna Beckwith moved to use mediation to resolve user conflicts in the southern flounder fishery, seconded by Mac Currin - motion passed unanimously.

Southern Flounder Goals and Objectives - Division biologist Chris Batsavage presented goals and objectives and a timeline for Amendment I to the Southern Flounder Fishery Management Plan. Commissioner Beckwith asked if, with three resignations and one member asked to resign, if new members needed to be appointed to the advisory committee.  Batsavage said he had not looked at the makeup of the committee minus those resigning to see if it was still balanced. Chairman Bizzell said there was a fourth member who resigned for personal reasons bringing the membership down to 10. He said, as chairman, he would be looking at whether he needs to appoint more members. Commissioner Currin commented on the time that it has taken to develop the southern flounder and spotted seatrout plans and said he hopes the commission can get back on track.

Mac Currin moved to approve the goals and objectives of the Southern Flounder Fishery Management Plan Amendment I, seconded by Anna Beckwith - motion passed unanimously.

Spotted Seatrout
Division biologist Beth Burns updated the commission on a recommendation by the Spotted Seatrout Fishery Management Plan Advisory Committee to use mediation to try to resolve conflicts between gill net fishermen and hook-and-line fishermen in competition for spotted seatrout. Burns also presented the commission with a revised timeline for the Spotted Seatrout Fishery Management Plan.

Rule Suspension for Spotted Seatrout
If the division director suspends any fisheries rules by proclamation, the commission must re-suspend those rules at the next meeting. At its September meeting, the commission instructed the director to raise the spotted seatrout size limit from 12 to 14 inches.

Motion by Mac Currin to suspend the size limit rule for spotted seatrout, seconded by Anna Beckwith - motion passed with two dissentions.

Bay Scallop Season
Division biologist Trish Murphey advised the commission of the 2007 Bay Scallop Fishery Management Plan that recommended prohibited harvest until biologists could determine a target to use to indicate the stock is healthy enough to reopen the season. The commission adopted that target in January 2009 based on pre-red tide sampling results. Last year, division sampling showed some areas were above the target and the commission asked the division director to open Core and Pamlico sounds to bay scallop harvest. Division sampling this year showed the numbers to not meet the target in any water body. The division recommended keeping the bay scallop season closed.

Go to http://www.ncdmf.net/mfc/MFC_downloads/dec2009/DMF_2010_scallop_season_recommendations-Final-12-020-09.pdf to view this report.  

Public Trust Waters
Commission attorney Frank Crawley gave a presentation on public trust waters in relation to the proposed expansion of military bombing ranges in North Carolina.  Go to
http://www.ncdmf.net/mfc/MFC_downloads/dec2009/Public%20Trust%20Waters%20Target%20Areas.pdf  to view this presentation.

Director’s Report
Recognition Award - Division Director Louis Daniel recognized Sara Winslow, Division Northern District Manager in the Elizabeth City office, for 30 years of state service. He also  noted that earlier in the week, he had recognized David Taylor, fisheries management section chief, for 30 years of service and Red Munden, executive assistant for councils, for 40 years at the division.

Legislative Update - Director Daniel informed the commission that he and DENR Secretary of Environment David Knight have been meeting with legislators to explain the Fisheries Reform Act process. Daniel said he asked the lawmakers to call him before filing a fisheries-related bill, and he will have staff develop an issue paper that explains different sides to see if they still want to go forward with legislation. Daniel said he also plans to make a similar proposal to the Joint Legislative Commission on Seafood and Aquaculture at a future meeting.

Director Daniel said legislative proposal he plans to bring forward to Seafood and Aquaculture includes bills to require fishery management plans to meet a 50 percent probability of success; allow a joint enforcement agreement with the National Marine Fisheries Service; authorize the Marine Fisheries Commission to amend its license suspension and revocation policies and give Marine Patrol full policing powers.

Atlantic States Marine Fisheries Commission – Director Daniel updated the commission on the most recent Atlantic States Marine Fisheries Commission meeting.

  • The ASMFC approved an addendum to its Weakfish Plan limiting commercial harvest to 100-pounds per trip and recreational harvest to a one-fish bag limit. Weakfish stocks have collapsed throughout its range and no one understands why, Director Daniel said. The fish are spawning but are not living past 8-to-10 inches, apparently because of natural mortality. It cannot be attributed to commercial fishing because there have been no substantial landings. The problem with the 100-pound commercial trip limit is it can create significant regulatory discards once the stock begins to recover, Daniel said.

 

  • The ASMFC’s Striped Bass Committee voted down a North Carolina-sponsored provision to allow states to rollover 50 percent of their annual striped bass quota to the next year, although the ASMFC Technical Committee said that even a 100 percent rollover would have no statistical impact on sustainability of the stock.
  • The ASMFC delayed action on Amendment III to its American Shad plan, but it is expected to contain strict monitory requirements for the fishery.

 

  • The ASMFC scheduled a public hearing Dec. 16 in Morehead City on an Omnibus Amendment that will make technical changes to fishery management plans for spot, Spanish mackerel and Spotted Seatrout to come into compliance with the Atlantic Coastal Act of 1990. There are no proposed management measures associated with this amendment.

Shark Finning Bill - The state has been working closely with the commercial fishing industry and North Carolina’s Congressmen regarding a bill, sponsored by Sen. John Kerry, D-Mass, that would prohibit removing shark fins at sea. North Carolina is seeking an exemption for the processing of smooth dogfish.

Spiny Dogfish – Director Daniel said he plans to open spiny dogfish season Jan. 1 with a 3,000-pound trip limit. After paybacks from overages last year, North Carolina fishermen will have about 1.8 million pounds of spiny dogfish quota left, approximately 800,000 pounds more than last year.

Black Seabass – Director Daniel responded to earlier public comments regarding the black sea bass fishery. He said he understands the desire for summer fishery, but it must be fair to both the trawl and pot fisheries, based on historical landings. If the potters do not catch their quota while the trawl boats are fishing there could be a summer fishery, but it is not fair to hold back quota for an additional summer season. There will be a very small quota this year that will necessitate a small trip limit.

Summer Flounder - North Carolina will receive a 750,000-pound increase in its commercial summer flounder quota this year. Daniel said he intends to open the season Jan. 1 with a100-box limit every two-week period, unless the industry asks for something different. This fall, Daniel opened the season Nov. 15 –Dec. 31 with a 100-box limit for a six week period. About 14 boats participated. It could cause the state to go over its quota for 2009, but there is enough 2010 quota fish to pay it back if do.  Commissioner Bradley Styron said he would rather go over than come in under, because if the fishermen don’t catch their quota, they will lose it.

North Carolina Fisheries Association Sean McKeon informed the commission that North Carolina’s efforts with the legislation on shark fin removal at sea is not dead. He asked the commission for a letter supporting North Carolina’s position, similar to a letter written by the Virginia board.

Waterfront Access and Marine Industry Fund - The division awarded grants for two Waterfront Access and Marine Industry Fund projects – one in Sneads Ferry and another in Hampstead – after re-advertising for applicants in the southern coastal area. The division re-advertised after the state was unable to negotiate the purchase of two originally-selected properties in Sneads Ferry and Hampstead. A project in Seabreeze in New Hanover County was selected as an alternative, should either of the latest choices fall through. Any remaining funds will be used for mini-grants for infrastructure improvement at existing WAMI sites.

Striped Bass Report - Division Northern District Manager Sara Winslow informed the commission that the state implemented its gear permit requirement for the Atlantic Ocean striped bass commercial fishery. The division issued 772 permits this year, 100 to beach seine fishermen, 542 to gill net fishermen and 130 to trawl fishermen. The beach seine fishery opened Dec. 1.
The striped bass stock assessment for the Albemarle Sound Management Area is going out for peer review and should be available for the commission at the March meeting.

Marine Patrol Report - Marine Patrol Col. Rex Lanier updated the commission on division law enforcement activities.

Federal Stimulus Funds Update - Division Resource Enhancement Chief Craig Hardy updated the commission on division projects funded by federal stimulus funds.

Cultured Red Porgy - Hardy informed the commission that there are now research aquaculture facilities in the state for red porgy. He asked the commission to authorize a proclamation to exempt the size and possession limits on red porgy to allow an aquaculture operation.

Mac Currin moved to ask the division director to issue a proclamation exempting aquaculture operations from size, possession and trip limits for red porgy, seconded by Darrell Taylor - motion passed unanimously.

Mid-Atlantic Fisheries Management Council - Red Munden, division assistant to the director for councils, gave an update on the most recent Mid-Atlantic Fisheries Management Council.

Commissioner B.J. Copeland proposed that the commission send a resolution to Dave Beresoff, acknowledging his service to the state and his outstanding service as a Marine Fisheries Commissioner.

Mac Currin moved to accept B.J. Copeland’s resolution to name David Beresoff an outstanding commissioner, seconded by Bradley Styron – motion passed unanimously.

The meeting adjourned.

2010 Meeting Schedule:
March 23-25 in Kitty Hawk
May 12-14 in Raleigh
Aug. 11-13 in Wilmington
Nov. 3-5 in New Bern