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THE MFC ADVISOR The Marine Fisheries Commission and the Division of Marine Fisheries continue to look for ways to keep committee advisors and the public informed about commission activities. It is our intent to publish the MFC Advisor after each business meeting, summarizing the meeting, and providing a list of motions and rulemaking proceedings. Hopefully this bulletin will keep you better informed about commission activities. Visit http://www.ncdmf.net/mfc/advisor.html to view this and past issues of the Advisor. Your comments regarding this update are always appreciated – please contact Nancy Fish by e-mail at nancy.fish@ncdenr.gov or by phone at 252-808-8021 or 1-800-682-2632. The commission held a public meeting on the evening of March 23, followed by a business meeting March 24-25 at the Hilton Garden Inn at Kitty Hawk, North Carolina. The following commission members were in attendance: Rob Bizzell-Chairman, Anna Beckwith, Mac Currin, Mikey Daniels, Edward Lee Mann, Joseph Smith, Bradley Styron and Darrell Taylor. B.J. Copeland – Vice Chairman had an excused absence due to a death in the family. PUBLIC MEETING – MARCH 23 The public meeting began at 6 p.m. and 24 individuals spoke. The public can speak on any fisheries issues they want to address with the commission. David Gaskins, a commercial fisherman from Buxton, asked the commission to increase the bycatch allowance for red drum. Gaskins said that fisheries managers were shooting for a target of 40 percent spawning potential ratio for red drum, and he understands that we have exceeded that target. Therefore, he said, he does not understand why the commercial fisherman is still under a seven-fish trip limit that must be no more than 50 percent of the total catch of certain species. Gaskins said he sees guide boats that go out and make money off of targeting red drum, and he does not understand why commercial fishermen cannot target them, as well. Jerry Warren of Fresh Ketch Seafood in Grantsboro and a former member of the Spotted Seatrout Advisory Committee, told the commission that speckled trout accounts for 30.6 percent of his income, and for him, it is not a bycatch fishery. Warren said he does not think it is fair for commercial fishermen to take a 40 percent cut in spotted seatrout harvest because the commercial sector makes up only about 25 percent of the fishery. Marty Winslow, a commercial fisherman from Hertford, said he is concerned about possible new flounder regulations. He said that over the past two years it seems he has caught more flounder than his father ever did, yet the state is making new restrictions. Winslow commented on the number of state workers it took to put a new pipe in along his road and said it seemed to him that everyone is working for the state and someone has to pay those salaries. Earl Ward, a commercial fisherman from Belvidere said he is concerned about proposed gill net restrictions and asked that fishermen be allowed to continue with a 3,000-yard net limit. Winslow said he fishes the west end of the Albemarle Sound and he does not catch sea turtles in nets there. The sea turtle problem is on the other end of the sound, he said. Winslow also asked for a higher striped bass trip limit, and said he believes people moving to North Carolina from northern states are trying to shut commercial fishing down. Winslow said he recently saw a large fuel spill from a rich development, and no authorities ever came. He believes that if the spill had originated with a commercial fisherman, he would have been fined. Winslow also said that his son wants to be a fisherman, but he is encouraging him not to pursue this career. David Hilton, president of Ocracoke Seafood Company, said commercial red drum fishermen have been sacrificing for 10 years now to bring back the stock, and now it has reached the benchmark of 40 percent spawning potential ratio. Hilton said he has seen red drum all winter on the beach and the numbers are undeniable, but that puts fishermen between a rock and a hard place because there are limited species they can catch to make up greater than 50 percent of the catch. Hilton said this is resulting in regulatory discards. He also noted the charter fishery has a directed fishery for red drum. He asked that commercial fishermen be allowed to keep the seven fish trip limit without the 50 percent bycatch provision, saying North Carolina did an excellent job of managing red drum, which is now recovering. Hilton also said that with speckled trout, the commercial fishery is not the fishery that really needs to be looked at. He said a recreational fisherman who fishes all day can impact 100 speckled trout. Lastly, Hilton said flounder makes up a significant portion of income at the fish house in Ocracoke and they need that fishery. He said fishermen are prepared to try to work with the sea turtle situation and reduce bycatch, but they need to have the fishery. Rom Whitaker, who runs a charter fleet in Hatteras, noted the number of people who attended the public comment period and said probably 90 percent of them came because some of their income has been taken away. He spoke against Amendment 17B to the South Atlantic Fishery Management Council Snapper Grouper Fishery Management Plan. Whitaker said that new tilefish regulations had not been in place for six months, before they said they can’t fish at all. Whitaker said the reason for the closure was to protect speckled hind and warsaw grouper, and he said he cannot see why it applies to North Carolina since he has never seen these fish in waters deeper than 40 fathoms. Fishermen were already dealing with beach closures and a bridge that’s falling down, he said. He noted that New Jersey is offering free fishing licenses and that gives people a reason not to come to North Carolina. Mike Tillett, a commercial fisherman from Manteo, told commission members that he knows they are stuck between a rock and a hard place and that the federal government can force regulations on the state. He said a large group of fishermen went to Washington, D.C. to rally and upon his return, he sent an e-mail to U.S. Rep. Walter Jones, R-N.C. Tillett read Jones’ reply. He also read a summary of a 26-page report from the U.S. Inspector General to Congress. Tillett said fishing is not just a livelihood; fishing is actually a life and it’s our life. He said he tried for four months to find another job and couldn’t find one. Tillett said fishermen are not asking for any right except the right to fish. Jimmy Nobles said he moved here from Florida 10 years ago after a net ban went into effect there. Nobles said red drum is not a resident fish anywhere, he migrates up and down the coast. Nobles said a 16-inch-long red drum is a spawner, and a speckled trout is mature at 8 inches. Nobles said he is too old to care what people will do to fishermen and none of his children are fishermen, but he met a 24-year-old flounder fisherman in Hatteras who has a 6-month-old baby boy who was worried he won’t be able to fish. Nobles asked why North Americans should raise turtles for South Americans to eat? He said that baby is way more important than any turtle. Jamie Reibel of Manteo spoke for N.C. Watermen United. Reibel, a charter boat operator, commercial fisherman, dealer and member of the N.C. Travel and Tourism Board, said he wants to see draggers, charters, and drop netters. He said he likes to see commerce happening, but there’s too much restriction everywhere. Reibel said having a recreational fishing license deters fishing in this state. Reibel also presented a resolution from Dare County commissioners, which opposes Amendment 17B to the Snapper Grouper Fishery Management Plan. He asked the Marine Fisheries Commission to oppose these regulations. Reibel also said that since red drum is recovering and striped bass has recovered, there needs to be a directed fishery. He said this would result in less gear in the water. Reibel also said he supports keeping the regional advisory boards in North Carolina. He said he applauds the commission for asking the president to re-open federal waters to commercial striped bass fishing, but he would like the request to go to the state’s Congressional delegation, as well. He said he does not want state Marine Patrol to enter into an enforcement agreement with federal officers. He also asked commission member Mac Currin, who sits on the South Atlantic Fishery Management Council, why he voted for 17B. Jonathan White of Hertford said he has been a flounder fisherman in the Albemarle Sound for 17 years and he has never caught sea turtles. He said putting more restrictions on him because of sea turtles is ridiculous. White said there is no other employment for him, and he has mortgages and bills just like everyone else. White also commented that the commissions’ public meetings would be more valuable to the public if they could ask questions. Larry Gill of Swan Quarter told the commission he was speaking for a number of oystermen in his area. He proposed that rather than the current 15-bushel per vessel limit on commercial oyster harvests, the state allow 15 bushels per license not to exceed two licensed fishermen per boat. He said he has a second man working with him on his boat and the 15-bushel limit is not enough to support two families. Gill said that with a shellfish license that allows an unlimited number of participants in the fishery, it is almost certain that all the legal-sized oysters will be caught in a given time. Gill said he is able to obtain their individual limits within a two-hour timeframe. He said harvesting his limit so quickly does not protect the oysters because it only means another boat will come when he leaves. Gill said the current way the state regulates oyster harvest encourages inexperienced fishermen and more damaging harvest practices. He suggested the commission could better regulate the protection of oysters by area closures when necessary, and this can be accomplished by tapping into information from the most experienced commercial fishermen. Would like to see a small representative committee of reputable fishermen from the local area so that commission could visit the area, see what is going on and discuss management options. As it stands now, when he gets back to the dock, other fishermen can go back out on his boat and catch another 15 bushels as long as he is not on it. Gill said the opportunity was there this year to boost the economy of Hyde County as well as the commercial fishermen because the oysters and the market were there at the same time. He presented petitions to the commission. Chad McRory of Hobucken, a former commercial fisherman, spoke on the gill net issue in Core Sound. He brought up several comments from a Feb. 18 commission meeting in New Bern meeting and stated he thought they were true. He referred to a lawsuit filed by the Duke Environmental Law and Policy Clinic on behalf of the Karen Beasley Sea Turtle Rescue and Rehabilitation Center against the commission, the Division of Marine Fisheries and its Director, Louis Daniel. McRory said that in light of recent news concerning Dale Jones, top law enforcement officer for the National Marine Fisheries Service, the commission should send letters to those in Washington that say that if that’s the way they’re going to do, we in Carolina just don’t need them. He said, when our country can no longer plant, raise and slaughter or hunt fish to provide food we are in trouble. Has address for the courts in New Bern for anyone who wants it after the meeting. Riley Williams of Belvidere, who sits on advisory committees to the commission, said he is disappointed that with all the talk about the gill net/sea turtle issue, there was nothing in black and white about what is being proposed. He said fishermen are in the dark and need to prepare. Williams said that there is not a sea turtle problem in Albemarle Sound, and he does not think it is fair to burden the fishermen there with regulations intended to protect sea turtles. He said he understands that if the northeast waters of the state are not under same restrictions as other waters it could result in an influx of fishermen to the less restricted areas. He said he does not have the answer to that problem, but he doesn’t think putting them under the same restrictions is just. Williams said he agrees with the state’s position that Atlantic sturgeon should not be added to the list of federally endangered species. Regarding the issue of distance between pound nets and gill nets, Williams said that a 200-yard distance regulation in the Alligator River has resulted in an increase in the number of pound nets to the point that a fisherman cannot set a gill net in those waters. He said if the state puts a 500-yard limit between gill nets and pound nets in Currituck Sound then it should make sure to not allow unlimited numbers of pound net sets to the point that a gill netter cannot fish. John Skinner of Newport told the commission he targets speckled trout in the winter and lands $10,000 to $20,000 worth of the fish per year. He does not consider it a bycatch fishery. He said the division is calling for 30 percent reduction in both the commercial and recreational sectors. Skinner said the commercial landings average of spotted seatrout is 335,000 pounds, but the target number the division is shooting for commercial landings is 174,000 pounds, nearly a 50 percent reduction. Skinner also spoke against keeping a 14-inch size limit on commercial spotted seatrout harvests. The division said this has a negligible reduction in commercial landings, but, Skinner said, it does create more regulatory discards because it necessitates throwing back some fish that would not have been discarded. According to the draft plan, there is a 50 percent mortality rate associated with these discards, he said. Skinner said there are a lot of inconsistencies in the draft plan and he believes it needs to be sent back to the committee to rethink. The commercial industry is already looking at losing part or all of the large-mesh gill net fishery, there are regulations on dogfish, stripers, scallops, red drum and gray trout. Before long, there will not be any fish that fishermen can go out and get a day’s work out of, he said. Benny O’Neal of O’Neal’s Sea Harvest in Wanchese told the commission it was disturbing to see at least 10 armed officers with side arms at the public meeting, and he and believes it is a stereotype of the commercial fishermen. He said he does not see that type of demeanor in those attending the meeting and he does not believe the law enforcement showing is warranted. O’Neal said this country is in economic turmoil. People who can no longer make a living in other industries have gotten fishing licenses, he said. O’Neal said the commission is appointed by the governor, which means they are intelligent. He said they should use their wisdom as well as knowledge, and this is not the time to shut the fishery down or cut it down. There is an option in every issue that comes up for status quo, O’Neal said. If there is any doubt at all, at least vote status quo, he said. Eddie Morris of Plymouth told the commission he thinks everyone is in favor of open communication at public meetings, especially in regards to the turtle lawsuit. Morris said that if the state was going to settle for something that is going to bankrupt the fishermen anyway, then they might as well fight the lawsuit. Morris said his biggest problem with the lawsuit is that it calls for a prohibition on all types of gill nets in all waters, when most types of gill nets do not catch turtles and turtles are not a problem in all waters. This shows the lawsuit has nothing to do with saving turtles; it’s about destroying commercial fishermen, he said. Morris also said that if the rock and drum are recovered, the regulations should be loosened. He also spoke against a new regulation concerning finning of sand sharks. Regarding spotted seatrout, Morris said he would prefer a weekly landing limit to a low daily limit. He told of his wife’s encounter with a man who sat on the Spotted Seatrout Advisory Committee that bragged his group was going to get rid of gill netting, that they had already gotten the 14-inch size limit and would get the 200 pound limit, too. Morris said he does not understand why it is fair for this man to sit on the committee. Morris said the issue of that committee should be the allocation between commercial and recreational sectors. The recreational fishermen should not be deciding the commercial trip limits that meet the commercial allocation; the commercial fishermen should not be deciding the bag limits to meet the recreational allocation, he said. He said that he does not believe that all the recreational fishermen are necessarily against the commercial fishermen, but the sometimes do not grasp some of the concepts of commercial landings. Finally, Morris said the state needs to get out from under the federal government, even if it means giving up money. Marianne Rice of R.E. Mayo Company, Hobucken, and a recent appointee to the Spotted Seatrout Committee read a statement asking the commission to cease action on any new spotted seatrout regulations until a new stock assessment is completed that considers this past winter’s cold stun event. Everything goes in cycles, Rice said. Striped bass and red drum are eating everything, she said. Rice said the fishery is over managed and over protected and the state needs to let commercial and recreational fishermen catch more fish. If fishermen can’t make money, they can’t pay their taxes, she said. Rice said her company has been in business since 1920, but today it’s in danger. Rice produced lists of commercial fishermen who catch speckled trout. Every one of them has two or three kids, and you’re going to hurt them, she said. It is not just for speckled trout, but flounder too, she said. She asked the commission to think about the issues and help these people. Andy Piland of Good Times Sportfishing, Hatteras, echoed Rom Whitaker’s comments on the Amendment 17B closure. Piland said he has been running a charter boat for more than 20 years and so far he has never caught a speckled hind or warsaw grouper in the depth of water of the closure. Closing beyond 40 fathoms will not help anyone, he said. Sean McKeon of the North Carolina Fisheries Association said he concurs with the other comments at the meeting. With the economy, the state need not put unnecessary burdens on the fishermen and much of the regulatory increase is unnecessary, he said. McKeon also asked that the commission allow dialogue in public meetings because issues come up in public comment periods that need to be addressed. McKeon echoed earlier calls to send the letter asking President Obama to allow striped bass fishing in the EEZ to the state’s Congressional delegation. McKeon also said he believes the recommendation pertaining to commission advisory boards in a Department of Environment and Natural Resources Boards and Commissions Report is a horrific idea. The commission needs more public input, not less, he said. The Moratorium Steering Committee spent years coming up with the current advisory board system. McKeon also asked the commission to support the minority report on Amendment 17B. He said he thinks it appalling that one of North Carolina’s representatives on the South Atlantic Council voted for the amendment when there was no evidence there is a problem in North Carolina. McKeon, too, asked the commission to send the draft Spotted Seatrout Fishery Management Plan back to the advisory committee and to clarify the stock assessment model. McKeon discussed the U.S. Inspector General’s Report in which North Carolina Congressional delegates were instrumental in securing. Since that report was published, it has come to light that the head of enforcement for the National Marine Fisheries Service ordered documents shredded, he said. McKeon asked the state to support the call for accountability for issues found in the report. He also said Rep. Walter Jones, R-N.C., issued a news release asking that the Mid-Atlantic and South Atlantic councils prohibit any fund expenditures for catch shares. There is no support for it here, McKeon said, and he asked the commission to send a letter to North Carolina’s Congressional delegation in support of Jones’ request. Jeff Oden, a commercial fisherman from Hatteras, said he is thankful for the minority report on Amendment 17B. There comes a time when enough is enough, and a lot of coastal communities are finding we’re at that tipping point, Oden said. It makes no difference if it is the Cape Hatteras National Seashore beach access issue or other fisheries issues. Oden said that under Amendment 13C to the South Atlantic Snapper Grouper Plan, North Carolina fishermen lost snowy groupers. This commission opposed 13C and the present fisheries director, as former chair of the South Atlantic Council was critical that the regulations were based on incomplete data. Oden said the science in 17B is as bad as the science in 13C. He thanked the commission and division for opposing 17B, as well. Dewey Hemilright, a commercial fisherman from Kitty Hawk, spoke regarding Amendment 17B. He said that with the South Atlantic Council the science doesn’t matter – it’s about the votes. Our state and commercial representative were right on voting against this, Hemilright said. He said Mac Currin voted to take his livelihood away. If this amendment goes through, a lot of folks, recreational, commercial and charter will be put out of business for no reason, he said. He said he doesn’t think our state has landings data on this fish, and he wants to know where the rebuilding schedule is. Mike Johnson of Wanchese and a Dare County commissioner and North Carolina’s legislative proxy on the ASMFC, among other boards, said he concurs with everything he has heard at the meeting. In particular, Johnson said, he concurred with comments from Jamie Reibel because they were issues voted on in public meeting by the Dare County Working Watermen’s Association. Johnson said the turtle issue is the 800-pound gorilla and Dare County has been fighting turtle issues for some time now. He said the people Dare County is fighting are the same people the division is fighting, and their whole agenda is that no one be allowed to do anything on the beaches and water, that no one except them be allowed to use the resources. Johnson said that over the years he has noticed in negotiating with these people that when Dare County would compromise and move to the center, the other party would move further to the right. Johnson advised the commission to, as they negotiate, stand on the science and not back down an inch. He said Judge Boyle may not be friendly to the state, but if the state stood on science and lost it would have a chance to get the issue out of Boyle’s court. Phil Haywood of Kill Devil Hills said he has been fishing for 49 years and he has seen the fish come and go. He said he calls it cycles, but marine biologists don’t like that term. He said that in 1993, striped bass recovered and fisheries managers claimed credit for it but the quota never went up. He said that if you’ve done a good job managing something and the fish come back, the quota should go up. Haywood said a bycatch fishery for striped bass only causes you to catch more of a fish you don’t want to get the fish you do want. He said whoever came up with the bycatch provision had to be a marine biologist. Haywood said he has been fishing 49 years and never seen red drum like this. He also said there are no saltwater turtles in the Alligator River. He said the men who spoke at the meeting have a lot of wisdom. Though they didn’t go to college, they’ve been on the water all their life. The commission’s decisions impact them, he said. He added that unemployment is already high, but it will be higher if the fishermen are put out of business. Steve Etheridge, a commercial fisherman from Wanchese, said he spoke against a proposal for a 200-pound trip limit on spotted seatrout. He said a 14-inch size limit causes more regulatory discards, which have a 10 percent mortality rate. Etheridge said that if commercial fishermen will be limited to 200 pounds per day, then the state should limit recreational fishing to certain days of the week in primary and secondary nursery areas, since recreational landings are higher with spotted seatrout. Etheridge asked the commission to consider a reasonable weekly limit, instead of a daily trip limit. Commission Chairman Rob Bizzell told those at the public meeting that he was considering the multitude of requests he had received to allow some question and answer dialogue at public meetings and he was trying to figure out a way to change the format of the public comment sessions to address this concerns and make it more effective. BUSINESS MEETING – MOTIONS AND ACTIONS – MARCH 24-25 Chairman Rob Bizzell convened the Marine Fisheries Commission business meeting at 9 a.m. with an invocation, followed by the Pledge of Allegiance; and a reminder to commissioners of their ethics requirements. Chairman Bizzell asked Commissioner Bradley Styron to serve as interim vice chairman for this meeting in Vice Chairman B.J. Copeland’s absence. Motion by Bradley Styron to approve the agenda for the March 2010 MFC business meeting, seconded by Mac Currin – motion passed unanimously. Motion by Mac Currin to approve the minutes of the Dec. 2009 MFC business meeting, seconded by Darrell Taylor - motion passed unanimously. Public Comment Gene Balance, representing the Ocracoke Working Waterman’s Association and a member of the Hyde County Commission, spoke about the flounder gill netting issue. He said many who are doing it now were not doing it 10 years ago when the Pamlico Sound Gill Net Restricted Area was established. He said many were forced into gill net fishing because the price of shrimp dropped. There is deeper water in the permitted area, but because no one fished with a net reel no one set there. Balance said a shorter net with slack, is twice as much net with no floats set so tight that turtles can’t come up. Balance said he read the Endangered Species Act, and he believes it is all interpretation. He said he thinks a pound net is more of a trap than a gill net. He said the turtle excluder device and other things have helped the turtle populations so that they see more these days. Balance also mentioned that representatives of Hyde County will ask for changes to the Oyster Fishery Management Plan, and he hopes there will be discussion. He said the county has a new electronic meeting system, so they can have a three-way conversation. Terry Pratt, Albemarle Fishermen’s Association, commended the commission for making a decision that takes up for fishermen. He said fishermen have for years decreased and stepped aside. He said catch quotas may make you more money on less fish, but it will cost the consumers because it will raise the price of food. Pratt said we need to consider the fishermen before we consider the turtles or the birds or rats. Some people would like to repeal the entire Endangered Species Act. He said he’s not sure that is the proper move, but we need to put reason in it, he said. Often the data is not very reliable. He said no one in NOAA has solid ground on data; it’s all computer models. I live with my hands in the water and I know what the real scenario is, he said. Pratt told the commission it is not just dealing with the fishermen, but it is dealing with consumers all over the nation who would like to buy local seafood at a reasonable price. Chad McCroy, of Hobucken, showed a cover of National Fisherman magazine. He said everybody sees big boats, big nets and big companies, but these are people, he said. McRory said that if the National Marine Fisheries Service is running the show, then all of us are doomed. McRory said it is the commission’s job to keep viable fisheries, to keep stuff coming across the dock. He spoke of a marine protected area established under “daddy Bush” for a World War II memorial. He said those waters are now closed to everybody except the Chinese, because they will violate it. He said there is a sportfishing tournament in the Galapagos Islands, largest sea turtle breeding grounds. He also said boats fishing tournaments in North Carolina, such as the Big Rock/Blue Marlin Tournament, tear up everything. Bill Mandulack, president of the Coastal Conservation Association of North Carolina, asked for indulgence since he was the only person there speaking for the recreational community. Mandulak said his organization consistently supports science-based management, but just because the science is not perfect does not mean it is not any good. Regardless of what happens with the lawsuit, flounder stock needs to be protected, Mandulak said. Whatever is required for recovery of southern flounder needs to be equitably distributed between commercial and recreational fishermen, he said. Mandulak said that 30 years ago the southern flounder fishery was primarily a pound net fishery. Today, that has changed dramatically, he said. Other gears besides gill nets can be used to catch flounder, and fishermen will be creative in finding these ways, regardless of what happens with the lawsuit, he said. Mandulak also said red drum is not recovered. He said the red drum fishery is primarily a recreational fishery. There have been two fishery management plans produced and approved by the commission, and reaffirmed that red drum is primarily a recreational fishery, and that the commercial fishery is a bycatch fishery, he said. Targeting red drum is not what was intended in the red drum plan, he said. A stock assessment identified spotted seatrout as overfished and the recreational fishery is 75 percent of the fishery. He said he believes the recreational and commercial fisheries should equally take the brunt of whatever is required. Mandulak said the commission should remember that the lawsuit targets a gear type, not a specific species. He also asked the commission to review and publish a letter to the state’s Congressional delegation asking them to support legislation to reopen Cape Hatteras National Seashore to beach driving and implement rational rules so that all fishermen, recreational and commercial, have access. Chris Elkins, with the Coastal Conservation Association of NC and the commission’s Shellfish Advisory Committee, was not feeling well and submitted written comments, which are summarized below: Elkins said the request from Mr. Gill last night about allowing two limits (30 bushels) of oysters per operation, was the same request he made to the Shellfish Advisory Committee when Gill was a member and that proposal was rejected. This request, Elkins said, is an attempt to circumvent the process. Elkins pointed out that Mr. Gill was an oyster dredger and oyster dredging is done from a power boat that drags a 100-lb. steel toothed dredge over the bottom, destroying the vertical relief of sub tidal (deep water, submerged) oyster reefs. These sub tidal reefs are found in the deeper waters of the Pamlico Sound and large bays on the western side of the sound, where North Carolina still allows this harvest method. Dredging is not allowed in other parts of the state. Elkins said that the Shellfish Advisory Committee had various reasons for the vote. Many thought that oyster dredging on public grounds was environmentally destructive and should be eliminated. Towards this end, the committee voted to recommend that hand harvest limits be increased in some areas to get the fishermen off the reefs, out of the dangerous winter seas of the Pamlico Sound and to hand tong oysters in the protected bays and creeks. At least one other committee member felt this was a ploy to take two limits, which would result in increased oyster dredging. The rationale was that unlike the standard commercial fishing license, it only takes $25 and no prior fishing experience. Thus, one fishermen could bring along his kid and double the harvest, since according to Mr. Gill, he gets his harvest in a couple of hours. This might negatively impact the already in trouble sub tidal population. Pam Morris, Co-chair of the commission’s Central Advisory Committee, submitted written comments on behalf of the Carteret County Fishermen’s Association. She then spoke, from her own opinion, against getting rid of the advisory committee system. Morris also said she hopes the commission does not approach management of spotted seatrout the same ways as red drum. She said she thinks spotted seatrout are more akin to hard crabs in their life cycle than they are to larger species of finfish. She asked the commission to consider retaining status quo on spotted seatrout because, considering the life cycle of the fish, no additional measures are warranted. Morris thanked the commission for considering all sides on the flounder/gill net/lawsuit issue. Morris said she believes sea turtle stocks should be reassessed. On red drum, Morris asked the commission to consider relaxing some of the restrictions on this species. She said she believes it was the intent to relax restrictions as the species recovers. Regarding weakfish, Morris said a 100-pound trip limit will put a lot of commercial fishermen out of work. She said commercial fishermen have borne the brunt of weakfish regulations and they’ve had enough. She urged the state to not comply with the Atlantic States Marine Fisheries Commission decision, and she said she knows the possible ramifications of such an action. Morris said the state needs to take more actions in regards to bay scallops. She said the fishery is not being managed well at this point. She asked the commission to consider consumers when voting on issues. She said that conservation does not mean that you do away with commercial fishermen. A lot of factors play out in whether a species is abundant or not, but the commercial fishermen are the easiest to get rid of, she said. Issues from Commissioners Commissioner Edward Lee Mann inquired about a letter he received from Mr. Romaine Willis regarding opening bay scallop harvest in the Sneads Ferry area. Chairman Bizzell advised bay scallops were going to be discussed later in the meeting and he asked if the issue could be discussed then? Commissioner Mann agreed that it could. Chairman Bizzell had concerns with recreational fishermen harvesting cold-stunned fish with dip nets, gaffs and by hand. He said he did not think it was ethical. Commissioner Mikey Daniels discussed the need to have more dialogue with the public at commission meetings. He also said the River Herring Fishery Management Plan needed to be reopened to allow more than just the discretionary harvest currently allowed. He said people needed jobs and the commission should let people fish. Commissioner Daniels also expressed his frustration about not being kept informed about all aspects of the lawsuit filed by Duke Environmental Law and Policy Clinic on behalf of the Karen Beasley Sea Turtle Rescue and Rehabilitation Center. Chairman Bizzell responded he would work out a format for future meetings to allow more dialogue with the public and will distribute to the commission for consideration. He encouraged Commissioner Daniels and any other commissioner to call him if they had questions or concerns about the lawsuit and he would provide as much information as possible. Chairman Bizzell said river herring stocks are not anywhere near meeting any of the recovery goals set out in the fishery management plan. Commissioner Darrell Taylor said he had some issues he wanted to discuss later in the meeting relative to being provided information and having more public dialogue. Chairman’s Report Clarification of Executive Order 34
Committee Reports Motion by Mac Currin to approve the recommendations from the Civil Penalty/Law Enforcement Committee as they refer to the suspension, revocation and reissuance of fishing licenses as outlined in S.B. 105, seconded by Anna Beckwith – motion passes unanimously. Motion by Mac Currin to endorse endowing full police powers on the Marine Patrol and moving the issue forward through the legislative process, seconded by Anna Beckwith – motion passes, 6 in favor and 1 opposed. Rule Suspension for Spotted Seatrout Motion by Mac Currin to suspend the 12-inch size limit rule for spotted seatrout, seconded by Bradley Styron - motion passes, 6 in favor and 1 opposed. Southern Flounder Fishery Management Plan –Amendment 1 Striped Bass Fishery Management Plan –Amendment 1 Closed Session The commission came out of closed session. Motion by Bradley Styron to rescind the motion passed at the Feb. 18 Marine Fisheries Commission Meeting in New Bern relative to gill net restrictions, seconded by Joe Smith – motion passes unanimously. Division Director Louis Daniel said that the state had been in negotiations with the Duke Environmental Law and Policy Clinic and the Karen Beasley Sea Turtle Rescue and Rehabilitation Center trying to come up with solutions that would protect sea turtles, avoid turtle interactions with fishing gear and give commercial fishermen the opportunity to work. Director Daniel also advised the commission the division was actively pursuing a statewide Section 10 permit that he planned to submit to NMFS by May 1. Chairman Bizzell echoed Director Daniel’s comments and said the state was trying to do the right thing for sea turtles while attempting to maintain some type of viable commercial fishery.
Seconded by Joe Smith – motion passes unanimously. Spotted Seatrout Fishery Management Plan Motion by Mac Currin to approve the draft Spotted Seatrout Fishery Management Plan to go to public meetings, seconded by Anna Beckwith - motion passes, 5 in favor and 3 opposed. Chairman Bizzell pointed out that the changes proposed would have to be done via the General Assembly. Hyde County Petition to Amend the Oyster Fishery Management Plan There was discussion about lifting the existing bycatch requirement for red drum and Director Daniel said the state does have some flexibility within the confines of the conservation equivalencies as long as the commercial catch stayed below the 250,000 pound annual CAP and above the spawning potential ratio of 40 percent. He said there could be some wiggle room with trip limits and bycatch requirements. Director Daniel said the Red Drum Fishery Management Plan was working and we were now managing a recovering fishery and he felt we could provide some increased opportunities. Motion by Bradley Styron to increase the daily commercial harvest of red drum to 10 fish a day and consider increasing the 250,000 CAP once the impact of the previously voted on gill net restrictions can be assessed next year, seconded by Mikey Daniels – motion is tabled. Commissioner Currin said he would like to handle the bycatch provision first before considering an increase in the commercial daily limit. Motion by Mikey Daniels to seek an amendment to the Red Drum Fishery Management Plan to eliminate the bycatch provision, seconded by Joe Smith – motion fails, 3 in favor and 4 opposed. Motion by Mac Currin to change the red drum bycatch provision to include only menhaden, seconded by Anna Beckwith – motion passes, 6 in favor and 1 opposed. Spotted Seatrout Fishery Management Plan Revisited Motion by Edward Lee Mann to send the draft Spotted Seatrout Fishery Management Plan back to the advisory committee for further management options – motion withdrawn. Motion by Edward Lee Mann to reconsider yesterday’s vote to send the draft Spotted Seatrout Fishery Management Plan to the regional and Finfish advisory committees, seconded by Darrell Taylor – Taylor withdraws his second, motion dies for lack of a second. Director Daniel explained that the commission was not endorsing the draft plan, but that they were simply sending the plan out to receive public input. If there is any additional information available that can contribute to, or can be contrary to the stock assessment, please let me know Director Daniel said. Anna Beckwith moves to include a letter with the draft Spotted Seatrout Fishery Management Plan stating the commission does not necessarily endorse the preliminary recommendations contained in the draft and encourages new ideas, input and data from the advisory committees, seconded by Darrell Taylor – motion passes, 5 in favor and 3 opposed.
Other issue papers were referred to advisory committee for informational purposes only. Director’s Report Director Daniel discussed the draft legislative report on boards, commission and councils being developed by the Department of Environment and Natural Resources. Director Daniel advised the commission that according to the ASMFC’s Interstate Weakfish Fishery Management Plan that beginning May 1, the recreational bag limit would be 1 fish and the commercial daily harvest limit would be 100 pounds. Director Daniel expressed his concern that weakfish was a stock that could quickly rebound and if that happened there would be extreme cases of regulatory discards, especially in the long haul and beach seine fisheries. The commission discussed what would happen if it failed to enact the ASMFC weakfish measures and the state was found out of compliance. There was much concern expressed about the high level of waste that could occur if the stock recovered quickly. Motion by Bradley Styron to direct Division of Marine Fisheries Director Louis Daniel not to issue a proclamation restricting weakfish harvest as specified by the Atlantic States Marine Fisheries Commission Interstate Weakfish Fishery Management Plan, seconded by Mikey Daniels – motion passes, 5 in favor and 2 opposed. The meeting adjourned. 2010 Meeting Schedule: |