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THE MFC ADVISOR Marine Fisheries Commission Business Meeting The MFC held a business meeting September 25 - 26 at the Clamdigger Inn in Pine Knoll Shores, North Carolina. The following commissioners members were in attendance: Mac Currin – Chairman, Dr. B.J. Copeland-Vice Chairman, David Beresoff, Rob Bizzell, Mikey Daniels, Jess Hawkins, Rusty Russ and Bradley Styron. Rob Bizzell had an excused absence the second day of the meeting. Marshall Williford resigned from the MFC in June and the governor had not appointed his replacement at the time of the meeting. Motions and Actions Commissioner Jess Hawkins gave the invocation. The agenda was approved by consent for the September 2008 MFC business meeting. The minutes of the June 2008 MFC business meeting were approved by consent. Public Comment Tom Roller introduced himself as a fishing guide and said he wanted to talk about large mesh flounder nets. He said since 2007 things had exploded and there were 1,000s of yards of large mesh nets everywhere in the Newport River area and he wonders where all this net is coming from. He also said where there are nets there are no fish and there has to be a compromise or more restrictions. He indicated the sheriff’s office had to be called out to his home because of threats and vandalism and that something has to be done. Chris Elkins is on the MFC’s Shellfish Advisory Committee. He said Core Sound fishermen have had a tough time and that there were too many fishermen and not enough fish. He talked about his personal experience with nets in Core Sound. He said there was a solid line of nets preventing access to the shoreline and nets were being set blocking the channels. He said changes and/or compromises needed to be made. He suggested only setting flounder nets at night or requiring attendance of nets during the day. The second issue was concern he had over PETA’s opposition to catch and release fishing, saying it is cruel. Copeland says the commission needs to keep a watch on this organization. Commissioner Jess Hawkins requested a presentation on charterboat for-hire surveys at a future MFC meeting. It was decided the presentation would be given at the January 2009 business meeting. He also requested the DMF provide rule language to WRC on proposed changes to inland trotlines for crabs. He asked for information on smooth dogfish and was advised it would be provided during the DMF Director’s Report. Hawkins then said he had been approached by several Beaufort County Commissioners regarding fishermen not being allowed to trawl in Pungo and Pamlico rivers, wanting to know if the DMF had been contacted by any legislators on this issue. Dr. Louis Daniel, DMF Director, explained the DMF had not been contacted by any legislators on this issue, but staff had met with the Beaufort County Commissions and Mr. Tony Ipock and Marine Patrol had also met with Mr. Ipock. Petition for Rulemaking Chairman’s Report The MFC also received an update on the new proposed alternative location for the Navy’s Undersea Warfare Training Range, which is now Jacksonville, Fla. A series of public hearings is being held along the East Coast to garner input on environmental impact statement for the training range. The MFC was also updated on other expansion proposals that are pending, including an offshore Navy bombing range and a Camp LeJeune bombing range. The MFC then discussed changes in restrictions Camp LeJeune is enforcing between Brown and Bear inlets. Staff has received conflicting information about what type of activities are allowed in this area. DMF staff was asked to invite Camp LeJeune personnel to an upcoming Southeast Advisory Committee to explain the new restrictions. Fisheries Forum – The MFC agreed to participate in another forum with N.C. Sea Grant in 2009. Commission member Dr. B.J. Copeland felt it would be a good idea to focus on the economics of fisheries Committee Reports Motion by commission member Dr. B.J. Copeland to send a letter to DENR Secretary Bill Ross on endocrine disruptors, asking assistance in seeking permission from federal authorities for the state to add pharmaceuticals items that can be disposed of through the Pesticide Disposal Assistance Program, seconded by Commissioner Jess Hawkins – motion tabled. Motion by Commissioner Rusty Russ to adopt a timeline for the Spotted Seatrout FMP that has an April 2010 completion date, seconded by Commissioner David Beresoff – motion passed unanimously. Southern Flounder To view this presentation, go to: Bycatch and Catch Associated with Flounder Gill Nets - DMF Director Louis Daniel told the MFC about a user group conflict between recreational fishing guides and flounder gill net fishermen in the Newport River. He said he has had calls from recreational fishermen who complain the commercial fishermen are targeting red drum (not allowed under fisheries rules), leaving their nets high and dry at low tide and setting miles of net that block recreational access to the waterways. Marine Patrol has investigated many of the complaints, and he, personally, has been out with Marine Patrol to see for himself. Daniel said everything he has seen has been within the legal limits. However, the conflicts remain and have reached the point where commercial fishermen claim their nets are being tampered with and damaged by the recreational fishermen. Both sides claim they are being threatened. Daniel said he has met with some of the guides and some of the commercial fishermen involved in the conflict, and the commercial fishermen have voluntarily agreed to limit the amount of yards to 1,500 (regulations allow 3,000 yards) and to not set their nets during the day, when possible. However, in these waters, fishermen must set their nets with the tide. Daniel suggested the MFC reconstitute the Southern Flounder FMP Advisory Committee and begin the process of revising the Southern Flounder Fishery Management Plan to consider these and any other resource issues based on the updated assessment. Revision of the plan had been scheduled to begin in fiscal year 2009-2010. Several commission members asked if this case would not be better handled through mediation. Commission member Dr. B.J. Copeland said that it appears to be only two or three small areas where there’s a problem. However, Daniel said he believes the problem is much broader. He has heard complaints from fishermen in waters from Newport River south, particularly in the Swansboro area. Additionally, the MFC has received a petition from property owners on Country Club Point in Cape Carteret to ban or limit commercial gill net fishing in Rocky Run Creek and Deer Creek. Other concerns have arisen that need to be addressed, as well, Daniel said. There are issues with bycatch of sea turtles, and recreational fishermen have raised the issue of fair distribution of the allowable flounder catch. Currently, commercial fishermen catch 90 percent of the southern flounder landed. Commission member Jess Hawkins said he would be comfortable doing both: moving up the timeline for the FMP review and recommending mediation between the fishermen. Any agreement could be made part of the plan, Hawkins said. Commission Chairman Mac Currin then asked DMF staff to move up FMP timeline and to contact mediators to assess whether this conflict is appropriate for mediation and where money to pay for it will come from. He asked the DMF to invite fishermen from the Swansboro area to the discussions, as well as property owners on Country Club Point in Cape Carteret. Joint Enforcement Agreement Some of the negatives are that it would require legislative action to change the law and it would require more accounting on the part of the state, Lanier said. Additionally, it could be seen by some as a way for NMFS to unduly influence the state’s regulations, though none of the other states contacted have had this problem with JEA, and concerns could easily be addressed through the writing of the agreement. To view this presentation, go to: Marine Patrol Captain. Steve Anthony showed a video about Louisiana’s JEA. NMFS representatives Mike Frye and Otha Easley spoke to the MFC. Frye said North Carolina could expect to receive, depending on agreement, at least $300,000 per year through a JEA. And he assured the MFC that NMFS would not push anything down the state’s throat because of it. The money states receive through JEAs can be spent on resources used for joint enforcement such as boats, aircraft, computers, overtime for federal work, etc. Also, the federal agency encourages state courts to take violation cases because it cuts down on federal prosecutions and gives more money to the states. Commission member David Beresoff asked what would happen if North Carolina decided to go out of compliance with a federal fishing rule, such as has been discussed with spiny dogfish. Frye said NMFS law enforcement would not tell state officers what to do. He said there would not be repercussions with the JEA stemming from management decisions. The MFC decided to delay voting on the matter until the November meeting so the Civil Penalities/Law Enforcement Committee could review the issue in more detail and make recommendations to the full commission; however, the MFC decided to go ahead and begin the process by sending a letter to the General Assembly advising them a proposal would be forthcoming. Motion by commission member Dr. B. J. Copeland to send a letter to the Joint Legislative Study Commission on Seafood and Aquaculture advising them that the MFC is considering asking that the Marine Patrol be allowed to enter into a Joint Enforcement Agreement with the National Oceanic and Atmospheric Administration, seconded by Commissioner Rusty Russ – motion passed with 4 in favor and 2 opposed. Standard Commercial Fishing License Eligibility Pool SCFL Eligibility Report - Carpenter also presented an annual Eligibility Pool Report to the MFC. Each year the MFC must approve the total number of SCFLs in the eligibility pool. Motion by Commissioner David Beresoff to make available 1,557 Standard Commercial Fishing Licenses this year for the eligibility pool, seconded by Commissioner Bradley Styron – motion passed unanimously. Rules Tuesday, Oct. 14, 7 p.m. Wednesday, Oct. 15, 7 p.m. DMF Central District Manager Mike Marshall explained that the rules that were going to be effective September 1, had been postponed to become effective October 1; they include: Suspension of Rules Motion by Commissioner David Beresoff to resuspend the striped bass permit rules, seconded by Commissioner Rusty Russ – motion passed unanimously. Motion by Commissioner Rusty Russ to resuspend the snapper-grouper rules in 15A NCAC 03M .0506, seconded by Commissioner Rob Bizzell – motion passed unanimously. Atlantic Ocean Striped Bass Workgroup Report One option involved implementing a striped bass permit, as was planned earlier, that would require fishermen to declare their gear types, but not limit the number of participants in the fishery. Two other options involved issuing striped bass fishing permits only to those fishermen who participated in the striped bass fishery two out of three years. The two former options would not include those who fished under assignments during those years. To view this presentation, go to: Also, DMF Socio-economics Program Manager Scott Crosson presented an option for a Limited Access Privilege Program. To view this presentation, go to: The MFC decided to take the presentations to its Finfish Advisory Committee and ask it to consider short-term and long-term management approaches. The MFC is also asking the Finfish Committee to discuss the establishment of a control date for any future LAPP proposals. Motion by commissioner member Dr. B. J. Copeland to establish 2005 as the control date for a striped bass limited access program, seconded by Commissioner Rusty Russ – motion withdrawn. New Wildlife Resources Commission Director Shad Update The fishermen said shad caught earlier in the year brings a better price, even if the landings are low. The problem, said Winslow, is shad nets also catch striped bass, and if the fishermen catch the striped bass before April 14, the shad nets would have to be removed from the water, disadvantaging fishermen in other areas of the sound. To view a presentation on this issue, go to: The Atlantic States Marine Fisheries Commission is developing new rules for American shad and has asked states not to increase directed fisheries during this process. Additionally, the U.S. Fish and Wildlife Service and the N.C. Wildlife Resources Commission opposed the move because it would be counter-productive to the agencies’ stocking efforts in the Roanoke River system. Motion by Commissioner Mikey Daniels to expand the shad season, allowing shad gill nets to be set Jan. 15 in the Albemarle Sound Management Area, south of the Hwy 64 Bridge. Restrictions include: DMF Director Louis Daniel said that if large numbers of fishermen enter into this fishery, it might require striped bass season to close in March. Director’s Report Legislative Update - Dr. Daniel advised the MFC of bills affecting fisheries that passed the N.C. General Assembly this year. The legislature added a new type of Coastal Recreational Fishing License that will allow a boat owner to purchase 10 licenses, good for 10 days, for his passengers. This license will be available for sale Jan. 1. The legislature also expanded the DMF budget, appropriating $2 million Oyster Sanctuary and giving the DMF oversight of a $4.3 million Oyster Hatchery at the University of North Carolina at Wilmington’s Center for Marine Sciences. Joint Legislative Commission on Seafood and Aquaculture - The Seafood and Aquaculture Commission will meet Oct. 27 and 28 in Morehead City to tour and discuss DMF oyster projects. The commission also met Sept. 23 to hear updates on Artificial Reef Plan, the Coastal Recreational Fishing License, the Coastal Habitat Protection Plan and the spiny dogfish issue. Atlantic States Marine Fisheries Commission Spiny Dogfish - Dr. Daniel told the MFC there is widespread support from people on all levels of state government for North Carolina to make sure it gets its fair share of spiny dogfish quota at the October Atlantic States Marine Fisheries Commission meeting. Dr. Daniel said he expects both proposed addenda to move forward, but the big question will be what happens for this fishing year. Dr. Daniel said everyone seems to agree North Carolina should do whatever it needs to do to get a 16 percent share of the quota. He said if he is unable to work something out for this season at the Spiny Dogfish and Coastal Shark Board meeting, then he will go before the Interstate Fishery Management Plan Policy Board to request North Carolina’s historical share. Another option, he said, will be to make a deal with Virginia and other states to transfer a portion of their quota to North Carolina for this year. If none of these approaches are approved, North Carolina will have exhausted all administrative options available to it. Motion by commission member Dr. B. J. Copeland to send a letter to the Atlantic States Marine Fisheries Commission on Addenda II and III to the Intrastate Fishery Management Plan for Spiny Dogfish supporting state-by-state quota allocations and a 1.4 million pound allocation of spiny dogfish for 2008, seconded by Commissioner Rusty Russ – motion passed unanimously. Motion by Commissioner Mikey Daniels that if the Atlantic States Marine Fisheries Commission fails to approve 1.4 million pounds, or 16 percent of the allowable harvest of the coastwide landings of spiny dogfish, then the MFC will go out of compliance with the Intrastate Fishery Management Plan for Spiny Dogfish, seconded by Commissioner Bradley Styron – motion failed with three in favor and four objections. Commissioners Russ, Hawkins and Beresoff went on record giving their word that they are prepared to do what’s best for the state at the appropriate time, but they thought it might hinder DMF’s efforts to give an ultimatum before the ASMFC meeting. Atlantic States Marine Fisheries Commission Smooth Dogfish - At its last meeting, the ASMFC voted to implement a 1,000-pound trip limit on commercial smooth dogfish because it was told that this would maintain the status quo. ASMFC members later learned that a directed fishery normally lands 5,000 to 20,000 pounds per trip, and that by adopting a 1,000-pound trip limit they had unintentionally made it a bycatch fishery. Dr. Daniel said he plans to readdress the issue with the ASMFC and recommend maintaining the status quo either with no trip limit or by capping the total catch at historical landings. Endocrine Disruptors – As a follow-up item from the committee reports the following action took place: Motion by commission member Dr. B. J. Copeland to untable the motion on endocrine disruptors, seconded by Commissioner Jess Hawkins – motion passed unanimously. Motion by commission member Dr. B.J. Copeland to send a letter to DENR Secretary Bill Ross on endocrine disruptors, asking assistance in seeking permission from federal authorities for the state to add pharmaceuticals items that can be disposed of through the Pesticide Disposal Assistance Program, seconded by Commissioner Jess Hawkins – motion tabled. American Eel - The ASMFC is seeking public input on Addendum II to its American Eel Fishery Management Plan. Public comments will be accepted until 5:00 p.m. October 16, 2008. Proposed management measures include size and weight limits, gear restrictions and a seasonal closure. To view the Public Information Brochure on this addendum, go to: As of Aug. 31, 2008, a total of 781,223 licenses were sold for a net revenue of $7,869,921 in the Marine Resources Fund. Approximately $2,283,040 has been obligated to the following projects or programs: Chowan River Bridge fishing complex design, a coastal angler’s guide, CRFL sales and data support, Fisheries Independent Assessment Program, CRFL implementation, a senior stock assessment scientist position, development of a coastal fishing reef and shallow draft barge. The DMF and WRC developed a grant program for the Marine Resources Fund, and the first public requests for proposals went out in the summer of 2008. An overview of the projects can be found at: http://www.ncdmf.net/CRFL/downloads/ProjectOverivewMarch2008.pdf 2008 Meeting Schedule: |