Marine Fisheries Commission Business Meeting
Williamston, North Carolina
April 23 - 24, 2002
The Marine Fisheries Commission and the Division of Marine Fisheries continue to look for ways to keep committee advisors and the public informed about commission activities. It is our intent to publish the MFC Advisor after each business meeting, summarizing the meeting, and providing a list of motions, actions, and rulemaking proceedings. Hopefully, this bulletin will keep you better informed about commission activities. Your comments regarding this update are always appreciated – please contact Nancy Fish by e-mail at Nancy.Fish@ncmail.net or by phone at 252-726-7021 or 1-800-682-2632.
The Marine Fisheries Commission held a business meeting on April 23 - 24 at the Senator Bob Martin Eastern Agricultural Center in Williamston, North Carolina. The meeting opened with a period of silence in remembrance of the late Captain Doug Sawyer of the N.C. Marine Patrol, who recently passed away. This was followed by an invocation and roll call. Members in attendance: Jimmy Johnson, Chairman; Bryan Gillikin, Vice Chairman; Norm Bradford; Mac Currin; Dr. B.J. Copeland; Dr. Barbara Garrity-Blake; Rusty Russ; Tilman Gray and Bradley Styron.
Motion:
Motion was made to accept the minutes from the last meeting with modifications – motion passed unanimously.
The following people spoke during the Public Comment Period:
Donna Minelli, member of the Core Sound Stakeholder’s Advisory Committee, spoke about the Core Sound lease issue. She stated as a member of the Fishermen’s Legal Fund and Stakeholders group, she opposed leasing and the inequity of the process and indicated the majority of people in the affected area were against leases in Core Sound.
Sandra Riggs, Vice Chairman of Jones County Commissioners, spoke about the benefits of a proposed live eel grow out facility and economic boost it would bring to the county.
Alexis Blanchard, owner of the N.C. Eel Farm, spoke about the concept of the aquaculture operation and the processes they had gone through trying to secure all of the necessary permits and documentation to get the farm up and running. They thought all the necessary actions were completed to begin operation, but then found out the MFC has rules on eel size and quantity that can be possessed. She asked the MFC to exempt their aquaculture operations from the existing regulations.
Roy Fogel, spoke on behalf of the N.C. Eel Farm, stating that Jones County was economically depressed and needed this business.
Darryl Wheelus, slip owner at Carolina Boat Club, talked about nets in the marina basin and shared his experiences and the problems with nets inhibiting navigation.
Pam Morris, MFC Central Advisory Committee member, talked about the Core Sound lease program and the need to keep the moratorium in place. She said that leases impacted commercial fishing and recreational clamming and swimming; and they were also a navigation hazard. She also stated she was against monies from the Fisheries Resource Grant program being used for developing a business, rather than being used for research.
Jody Gay , former MFC and SAFMC member, talked about the illegal sale of seafood by Recreational Commercial Gear License (RCGL) holders using gill nets and shrimp trawls. He said there not being any limits on the amount of shrimp RCGL holders could catch or hours they could fish. He also indicated the state allows RCGL holders to use a 25 ft trawl, the same size as many commercial operations, but RCGL holders are only suppose to keep seafood for their personal consumption. He feels this RCGL catch is being sold. He said the same problems existed with spot harvest. He helped put together a petition that has been submitted to the MFC to limit the amount of shrimp RCGL holders can catch and/or hours they can work. He felt one 32-qt cooler full of shrimp should be the daily limit for the southern portion of the coast for RCGL holders. It is illegal for RCGL holders to sell their catch, but the law but very difficult to enforce.
J.C. Davis opposes additional leases in Core Sound. He read and submitted a letter from a group of concerned citizens who also opposed the leasing program in Core Sound.
Harry Gotte, slip owner at the Carolina Yacht Club, talked about how fishing nets cause navigation hazards in the turning basin and requested that the Carolina Yacht Club be given the same protection as Spooner’s Creek.
Billy Carl Tillet, commercial fisherman and president of the North Carolina Fisheries Association (NCFA), read remarks by Jerry Schill, executive director of the NCFA, who was unable to attend the meeting. Mr. Schill thanked the MFC for their response to the NCFA’s previous concerns. In addition, the letter states that the National Marine Fisheries Service’s requirement to have TEDs placed in flynets for the experimental permit that fishermen are trying to obtain, will not work The letter recommended using observers to see if any turtles are caught during the experiment. The purpose of the experiment is to see if fishermen can find and catch legal weakfish. The NCFA requests the MFC to write a letter to NMFS and request the experimental fishery take place without the TED requirement. The NCFA also supported a permanent moratorium on any new Core Sound leases because of the already enormous burden faced by commercial fishermen. Mr. Tillet then said from his experience a TED would not work in a flynet. He stressed that the experiment was to be conducted to characterize the fishery and putting a TED in the flynet would not give an accurate characterization. He would like NMFS to issue a Section 10 permit with 100% observer coverage for two boats for a couple of months to conduct this experiment and asked the MFC to help facilitate this request.
Sandra Gaskill, MFC Crustacean Advisory Committee member, spoke in opposition to leasing in Core Sound.
Elaine Davis, representative of the Fishermen’s Legal Fund, said all unproductive leases should be terminated, a permanent moratorium should be placed on all leases in Core Sound, and leases should be returned to the state when they do not meet production standards.
Al Sidbury, from Hampstead, talked about the problem of RCGL holders selling shrimp and spot. He would like to have this problem resolved.
Lee Wynns, talked about the striped bass recovery in the Chowan River and said at least 2,000 lbs. are caught per day in pound nets and are release alive and unharmed. He said the Fishery Management Plan for Striped Bass supports no change in quota until 2008 or 2010 and if we wait that long there will be a disaster.
Issues from MFC Members
Norm Bradford talked about the recent temporary closure of the recreational harvest of flounder in ocean waters and the impact the closure had on fishermen south of Oregon Inlet who target southern flounder. He wants the issue to go before the MFC’s Finfish Advisory Committee. Mac Currin received several phone calls on the flounder closure and wants further discussion on flounder management. Chairman Johnson indicated he would like to have a discussion with the DMF on how the ASMFC manages flounder, to learn how the MFC can become more involved.
Norm Bradford also wants the MFC to become proactive with turtle, dolphin, monkfish and other federal issues and wants the DMF to give an update to the MFC on the Endangered Species and Marine Mammal Protection. The Finfish Advisory Committee has also requested a similar update and he felt it would be a good briefing for all MFC advisory committees.
The MFC agreed to draft a letter to NMFS on the flynet experimental permit issue. There was discussion about how to best design the experiment, with and without TEDs, but some members felt TEDs would compromise the outcome of the experiment. The DMF was asked to review the letter before it was sent.
A MFC letter has been sent to Dr. Bill Hogarth on the bluefin tuna quota, but a response has not been received.
A letter regarding the dogfish quota, requested by the NCFA, was referred to the Finfish Advisory Committee for review and comment.
On the issue of the NCFA wanting the MFC to write a letter to the ASMFC to allow harvest of striped bass in the EEZ, it was reported that Amendment Six to the ASMFC Fishery Management Plan for Striped Bass would possibly consider opening the EEZ to limited harvest.
The MFC was asked earlier to express concern regarding industry’s representation on the ASMFC’s Menhaden Advisory Board.
Tilman Gray was asked to fill Robert Southerland’s spot on the Conservation Fund Committee.
Robert Southerland was recognized for his contribution as a former MFC member. He is now one of North Carolina’s members on the South Atlantic Fishery Management Council.
Eel Aquaculture - A discussion was held on the proposed aquaculture facility and the regulatory changes needed to allow to the possession of eels under six inches long for grow-out facilities.
Motion:
Motion was made to make a declaratory ruling on 15A NCAC3M .0510 to allow petitioners through a aquaculture operation permitted by the DMF, to possess eels less than six inches with appropriate documentation to show the eels are not harvested from N.C. - motion passed unanimously.
Fisheries Resource Grant – The annual report was received, along with a listing for priority funding. FRG Board met again and approved several proposals. Money available for next year is $1 million, with an additional $100,000, that was left over from last year.
A letter was received from the Coastal Conservation Association regarding that organization’s concern over the status of southern flounder, asking that provisional management measures be implemented.
Reports were given on all the various MFC Advisory and FMP committee activities.
Action Items:
The MFC’s Conservation Fund contains $121,000. The Conservation Fund Committee would like to leave $100,000 in the account and use $21,000 for an educational brochure on size and bag limits.
Motions:
Motion was made for DMF’s Public Affairs Section to design a color brochure by April 2003 – motion passed unanimously.
A motion was made to send a letter to the U.S. Army Corps of Engineers regarding the Morehead City Harbor Dredging Project, reiterating the existing MFC beach renourishment policy and requesting attention be given to the cumulative impact to the habitat and consider as part of the project appropriate mitigation for any negative effects on marine and estuarine resources of N.C. – motion passed unanimously.
Net Restrictions – Carolina Marlin Club
Petition was received from the Carolina Marlin Club to ban gill nets and seines causing hazards for navigation in the marina’s basin and channel to the Intracoastal Waterway, from May 1 – Nov. 30. This petition was reviewed by the Finfish and Central advisory committees.
Motion:
Motion was made to approve the petition from Carolina Marlin Club and begin rulemaking to prohibit nets being set from the riprap to the area surrounding the marina, excluding the channel to the Intracoastal Waterway – motion passed unanimously.
Shrimp Limit for RCGL Holders
To curtail the alleged illegal sale of shrimp by RCGL holders, a petition was submitted to implement a daily possession limit of one 32-quart cooler of shrimp per RCGL holder. This petition was reviewed by the appropriate MFC advisory committees. The DMF recommended denial of petition in order to investigate the alleged illegal sale of seafood.
Motion:
Motion was made to deny the petition to establish a RCGL possession limit for shrimp - motion denied unanimoulsy.
Shrimp Trawling Restrictions for RCGL Holders
Petition presented to limit the times that RCGL holders can shrimp in order to curtail the alleged illegal sale of shrimp by RCGL holders. This petition was reviewed by the appropriate MFC advisory committees. The DMF recommended denial in order to investigate the alleged illegal sale of seafood.
Motion:
Motion to deny the petition to limit the time RCGL holders can harvest shrimp – motion denied unanimously.
Spot Limits for RCGL holders
Petition presented to limit RCGL holders to a possession limit of 200 spot per day per RCGL holder, up to 400 spot per vessel per day, if more than one RCGL holder is aboard. The petition also wanted to limit gill net to100 yards per individual RCGL holder, and 200 yards with two or more RCGL holders on board. This petition was reviewed by the appropriate MFC committees. The DMF recommended denial of the petition.
Motion:
Motion was made to deny the petition to establish a RCGL possession limit for spot – motion denied unanimously.
Permanent Rules (Effective April 2003)
Motions:
Motion was made to adopt the bluefish recreational slot limit, which allows the retention of up to 15 bluefish, with only five bluefish larger than 24 inches, as permanent rule – motion passed unanimously.
Motion was made to adopt the fyke and hoop net definitions, marking requirements, distance from pound nets distance from bridges, as permanent rules – motion passed unanimously.
Motion was made to adopt the recommendations in the Oyster and Clam FMPs, which include new permitting requirements and new standards for shellfish bottom leases – motion passed.
- Black Sea Bass
Motion was made to adopt the a rule which would give the DMF director the authority to proclamate an 11-inch size limit north of Cape Hatteras - motion passed unanimously.
Subject Matter Notification
Motion:
Motion was made to approve subject matter notice on sargassum harvest and potential rules dealing with commercial gear restrictions in the vicinity of the Carolina Marlin Club and other areas – motion passed.
Chris Wilson gave an overview of the Recreational Commercial Gear License Survey.
Motion:
Motion was made to recommend to the Joint Legislative Study Commission on Seafood and Aquaculture that the lease moratorium in western Core Sound remain in effect – motion passed.
A lengthy discussion ensued about how to utilize the recommendations from the Core Sound Stakeholders and Shellfish committees. There was debate about amending the recently approved Oyster and Clam FMPs to include the committee recommendations; however, those recommendations were only specific to Core Sound and the MFC felt that before such an action could be taken, statewide input would need to be received. It was also pointed out that many of the recommendations would require statutory changes by the General Assembly.
It was decided to send a letter to the Joint Legislative Study Commission on Seafood and Aquaculture, recommending that the moratorium on shellfish leases in western Core Sound remain in effect, and attaching the following recommendations from the Core Sound Stakeholder and Shellfish committees for implementation in Core Sound as soon as possible:
-Enforce shellfish lease production requirements in a more timely manner;
-Transfer unproductive leases to new applicants instead of leasing new bottom;
-Require new lease applicants to complete training requirements before they are eligible to hold a shellfish lease;
-Require that any lease acreage 5 acres or greater held by a shellfish lease applicant meet production requirements prior to issuance of new lease acreage;
-Allow shellfish lease locations to be recorded in GPS coordinates rather than requiring a registered land survey; and
-Limit an individual to an interest in no more than 50 acres of shellfish cultivation leases irrespective of corporate affiliations.
Draft Blue Crab FMP Goal and Objectives wer presented to the MFC.
Motion:
Motion was made to adopt the Blue Crab FMP Goal and Objectives – motion passed unanimously.
DMF Director Pres Pate reviewed the following topics during the Director’s Report:
Budget - The budget situation is bad and will start impacting services soon. All vacant positions are frozen and have to go through a rigorous process to get them unfrozen.
Staff changes – Captain Doug Sawyer of the Marine Patrol’s Northern District died unexpectedly on April 5. Jim Armstrong has taken a job with the Mid Atlantic Fishery Management Council, but he has agreed to continue assisting with the Southern Flounder FMP. DMF Deputy Director Mike Buhl was called back into the Army after seven years of retirement and is working at the Pentagon for up to one year. Red Munden is filling in as the Acting Deputy Director until Mike returns.
Rule Suspension for Commercial Minimum Size Limit for King Mackerel – last year, the DMF Director changed the commercial limit from 20 inches to 24 inches by suspending the rule and implementing a new size limit by proclamation. The rule needs to be resuspended at each subsequent MFC meeting until a permanent rule change becomes effective in Aug. 1, 2002.
Motion:
Motion was made to resuspend the rule and continue the commercial size limit for king mackerel at 24 inches – motion passed unanimously.
Atlantic Ocean Recreational Flounder Season and Limits - Closure of summer flounder season in ocean has caused a great deal of consternation. The DMF had to reduce the overall recreational harvest by 32.2 % and developed various options to achieve that goal. These options were discussed at the MFC regional committees and the Finfish Advisory Committee to receive input. The April 3- July 3 and Nov. 25 – Dec. 31 closure was determined to be the best option to try to meet the harvest target.
The DMF received a lot of calls on this issue with the recurring theme that recreational anglers were being unfairly punished because commercial fishermen had overharvested the stock. The director reported that this simply is not true. Over the past six years, recreational fishermen along the Atlantic seaboard have exceeded their harvest target by 27 million pounds. Until last year, the National Marine Fisheries Service did not require the recreational sector to address their overages. Threatened with several lawsuits, primarily by the environmental community, the National Marine Fisheries Service and the Atlantic States Marine Fisheries Commission, agreed to start requiring the recreational sector to adjust their harvest restrictions if the harvest target was exceeded. That is why the DMF had to raise the size limit for summer flounder last year from 15 inches to 15 ½ inches and implement a two-week closed season.
Even with the increased limit and the short closure, we still exceeded the harvest target. The 2001 recreational harvest target for North Carolina was 276,129 pounds and it is estimated we landed 401,766 pounds - exceeding the target by 125,637 pounds. East coast states, from North Carolina to Maine, faced a similar over harvest situations, with the exception of Massachusetts, Connecticut and New York.
This year, North Carolina's recreational harvest reduction goal is 32.2 percent - 28.4 percent for this year and a 3.8 percent adjustment for not meeting conservation objectives during last year's closed season. Other states also had to reduce recreational harvest, ranging from 43.8 percent for Virginia to 3.5 percent for Delaware. To achieve our harvest reduction goal, recreational flounder season closed in the ocean from April 3 - July 3 and Nov. 25 - Dec. 31, this includes hook-and-line, gigging, spearing and harvest from RCGL gear. When the season is open, the minimum size limit is 15.5 inches at eight fish per day in the Atlantic Ocean. For 2002, North Carolina's recreational harvest target is 304,608 pounds of ocean-caught flounder.
Summer Flounder Rule Suspension/Recreational Size Limit – the DMF Director changed the recreational size limit from 15 inches to 15.5 inches by suspending the rule and implementing a new size limit by proclamation. The rule needs to be resuspended at each subsequent MFC meeting.
Motion:
Motion was made to resuspend the rule and continue the increased size limit – motion passed unanimously.
River Herring – The juvenile abundance survey shows poor abundance. Staff have heard reports from fishermen that the fish ran in middle of river and surveys missed them. The 2000 Juvenile Abundance Indices shows that blueback numbers were the highest they had been in some years.
Striped Bass – Update was given on the fall and winter seasons. Up to 1,000 fish were tagged on the spawning grounds, with two strippers over 40 pounds and 40 of the fish over 27 inches.
Sea Grant Fellowship – The DMF has worked with Sea Grant to develop a fellowship in fishery science, with funding split between the two organizations. This first year will focus on the life history of striped mullet with the work used in the development of the Striped Mullet FMP.
HMS Report – The DMF has been trying to get a specific quota for the North Carolina winter bluefin tuna fishery, when the fish are here, at their optimum, and the market conditions are most favorable. In the last few years, quota was still available during the winter months and N.C. fishermen were able to participate in this highly lucrative fishery. DMF’s long term goal is to have the season set and quota allocation so that our state will be assured a portion of the quota each year.
Clam Kicking Area Update – The rotation between Core and Pamlico sounds has gone fairly well. The Core Sound area closed and new area opened in the deeper water of Pamlico Sound, with most fishermen working in the northeast area. On opening day, 16 boats were working in the new area of Pamlico Sound, with an average of 10 to 19 boats. Clam prices were low because of warmer weather up north. There was more demand for chowders this year, so the effort shifted back to Core Sound, where chowders are more abundant. There were some complaints that area was too deep to fish and staff had to put out buoys because some of the marker poles were knocked down. There were no law enforcement problems with folks going over lines and no kick scars were observed in the closed areas.
Updates were given of the activities of the following groups:
Mid-Atlantic Fishery
Management Council
South Atlantic
Fishery Management Council
Meeting Adjourned
2002 Meeting
Schedule:
Aug. 20 & 21 –
Greenville
Oct. 3 & 4 –
Morehead City
Dec. 10 & 11 –
Dare County