Marine Fisheries Commission Business Meeting

Ocracoke, North Carolina

November 15-16, 2007

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.  Your comments regarding this update are always appreciated – please contact Nancy Fish by e-mail at na********@nc****.net or by phone at 252-726-7021 or 1-800-682-2632.

 

The MFC held a business meeting November 15-16 at the Community Center in Ocracoke, North Carolina. The following members were in attendance:  Dr. B.J. Copeland -Vice Chairman, David Beresoff, Dr. Barbara Garrity-Blake, Mikey Daniels, Dr. Jim Leutze, Rusty Russ, Bradley Styron and Marshall Williford. Mac Currin – Chairman, was unable to attend the meeting due to illness.  This was Dr. Garrity-Blake’s last meeting.

Motions and Actions

The agenda was approved by consent for the November 2007 MFC business meeting with the addition of a discussion about extending the pound net season for flounder under the Chairman’s Report and delay of the Public Comment Period due to problems with the ferry schedule.

 

Motion by Dr. Jim Leutze to approve the summary of the September 2007 MFC business meeting, seconded by Rusty Russ – motion passed 6 to 1.

 

Issues from Commissioners

Rusty Russ wanted to make the MFC and the DMF aware that due to differing size and bag limits between North Carolina and South Carolina for various species there could be potential law enforcement conflicts in the Little River Inlet.  DMF Director Dr. Louis Daniel said he would look into the matter.

 

Dr. Jim Leutze wanted to have a discussion about spiny dogfish and was advised that topic would be discussed under the Mid-Atlantic Fishery Management Council report.

 

Dr. Jim Leutze also talked about the effect of sea level rise and asked the DMF to prepare a presentation speculating what impact sea level rise would have on fish stocks.

 

Dr. Barbara Garrity-Blake wanted to make the MFC aware that there was a group from New Bedford, Conn. calling for congressional hearings on climate change and it’s effect on fish regulations and assessing the impacts.

 

Marshall Williford wanted to make sure the MFC received the latest assessment of juvenile river herring and was advised there would be a herring update later in the meeting.

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Chairman’s Report

New Advisors – The following new advisors were named to advisory committees:

Doug Wakeman – Habitat and Water Quality

Tom Burgess – Habitat and Water Quality

Johnny Midget – Southeast

Paul Bruno – Central

 

Action Update – The following actions were reported:

• Virginia sent a letter stating beginning 2008 they would no longer allow any herring harvest in water bodies that drained into North Carolina.


• The ASMFC is preparing a public information document on river herring as a response to coast wide concerns about negative stock indicators and low landing levels. Go to http://www.asmfc.org/ and click on Public Input to view the document.


• The DMF convened a Herring Workshop on October 30 for various research groups and management agencies to meet to focus research needs.


• The coast wide quota for spiny dogfish was increased to 8 million pounds.

 

Farewell – Dr. Barbara Garrity-Blake was not reappointed to the MFC and this was her last commission meeting.  She was presented with a plaque from the MFC thanking her for her many years of service.

 

Pound Net Season Extension – The MFC held a discussion about the possible extension of pound net season for southern flounder.  Fishermen who came to the MFC public meeting on November 14, along with many others who had contacted the DMF and MFC prior to the meeting, said they were unable to catch flounder during the designated harvest period because the flounder had not started moving due to warm water temperatures. In addition, excessive amounts of animal grass (sauerkraut bryozoan) had clogged the nets.

 

DMF Director Louis Daniel said that they should not take this possible action lightly because the Southern Flounder FMP that called for the season closure on Dec. 1, had stressed there would be good years and bad years relative to catch rates. The FMP was designed to conserve Southern flounder but still give fishermen an opportunity to catch fish.  He outlined the pros and cons of extending the season.

 

There was also discussion about the market factors and not wanting to drive down the price of flounder when the trawl season opens later in the year and the impact of the closure of the deep-water, large-mesh gill nets in Pamlico Sound.

 

Bradley Styron recused himself from any votes on this issue.

 

Motion by Dr. Jim Leutze for the DMF director to extend flounder pound net season to December 14, 2007 via proclamation authority, seconded by Marshall Williford – motion passed 6 – 0, with one recusal. 

 

There was then discussion that this measure left out gill nets, which were also impacted by weather and animal grass.  David Beresoff said he would also recuse himself from any further votes on this issue if gill nets were included.

 

Motion by Dr. Jim Leutze to reconsider the previous flounder pound net motion, seconded by Mikey Daniels – motion passed 5 – 0, with two recusals.

 

Motion by Dr. Jim Leutze for the DMF director to extend commercial Southern flounder season to December 14, 2007 via proclamation authority, seconded by Marshall Williford – motion passed 5-0, with two recusals. 

 

Committee Recommendations

The MFC received reports and updates from all of its advisory committees that met during September and October.

 

Motion by Rusty Russ to approve the 2006-2007 Coastal Habitat Protection Plan (CHPP) Annual Report, seconded by Dr. Barbara Garrity-Blake – motion passed 7-0.

 

There was discussion about the need to publish a newspaper insert containing the new CHPP report and implementation schedule, which would cost about $20,000.  The N.C. Coastal Federation had offered to pay half and it was hoped the remaining money could come from the MFC’s Conservation Fund.

  

Motion by Dr. Barbara Garrity-Blake to recommend the MFC Conservation Fund Committee use $10,000 of available MFC Conservation Fund Committee money to publish the 2006-2007 CHPP Annual Report, with the implementation schedule, seconded by Dr. Jim Leutze – motion passed 7-0.

 

Motion by Dr. Barbara Garrity-Blake for the MFC to send a letter to DENR Secretary Bill Ross regarding “Inner Banks” development, seconded by Jim Leutze – motion passed 7-0.

 

The MFC was reminded the EMC was going to be voting on their storm water rules in January and the commission needed to remain strong in its support of these important measures.

 

The co-chairs of the Habitat and Water Quality Advisory Committee, Dr. B.J.Copeland and Dr. Barbara Garrity-Blake, presented Mike Street with a resolution from their committee in recognition of his pending retirement from the DMF, thanking him for his 38 years of service to the state.  A plaque from the MFC also recognizing Mr. Street’s contributions to North Carolina was presented.  

 

Public Comment

At this point in the meeting the public comment period was held. The following individuals addressed the MFC:

 

Kelly Schoolcraft – He said he appreciated commissioners bringing forward the issue of climate change because it does have an impact on our fisheries.  He also stated the need for a year-round fishery for king mackerel to keep our fishermen working.  He also felt it was not fair to let one state get the advantage over another state on snapper-grouper.

 

Mr. Schoolcraft also said he thought striped bass permits were a step in the right direction, but felt it was too little, too late. He said limited entry was needed because there were too many fishermen for open participation.

 

Chris Elkins, Coastal Conservation Association of N.C. – He said oyster dredging was a destructive fishing practice and needed to be phased out and that recreational fishermen would support CRFL funding being used for habitat restoration. He distributed a handout to the MFC outlining this position.

 

Sean McKeon, NCFA – Thanked the MFC for their action on expanding the flounder pound net season and said he felt the absence of the MFC chairman allowed that process to take place. 

 

He cautioned the MFC to be aware that there was a move to have loggerhead sea turtles moved from threatened to endangered and if this did happen, it would have a huge impact on fishermen.

 

He then said there were many problems with the upcoming presentation the MFC was going to receive on Limited Access Privilege Programs (LAPPs) by Dietmar Grimm of the Redstone Group.

 

He ended his comments asking the MFC to think seriously about allowing the MFC chairman to also serve on the South Atlantic Fisheries Management Council.

 

David Gaskins – He said the Red Drum FMP Advisory Committee started out being a very good thing, but it has now turned into a very bad thing.  It is not fair to only allow commercial fishermen seven red drum as a bycatch, while allowing recreational fishermen to target red drum.  He said seven fish does not even pay for the fuel and felt the commercial fishermen should get 100 pounds per trip because there were so many drum out there.

 

He also questioned why recreational fishermen do not have to pay back striped bass overages and why they do not have to submit trip tickets.

 

He also stated this was the best MFC meeting he had attended.

 

James Fletcher, United National Fishermen’s Association – He felt it was very curious that the person who supported looking into estrogen during the Habitat and Water Quality discussion was being taken off the MFC and that this has happened twice before.  He said when the pie is hot; no one wants to touch it.

 

He then said it would cost $3 trillion to take the personal care products out of our water.  He wants the MFC to push harder on water quality issues and address chemicals.  He ended his comments by saying coastal counties are the biggest abusers of our waters.

 

Jeff Oden – He talked about LAPPs and Amendment 15 to the Snapper-Grouper FMP and said that fishermen in this area will not survive LAPPs. 

 

He then talked about the chairman of the SAFMC, whom he said was a known advocate of the CCA, who was saying we have to change the way we allocate our fisheries between commercial and recreational fishermen.  Mr. Oden said the chairman of the SAFMC talked about forward thinking, but he was going to plow under the coastal communities.

 

Pam Morris – Said she was the co-chair of the Central Advisory Committee and the committees do not need to receive more than one FMP to review at a time. 

 

She said she was not in favor of a shellfish recreational fishing license and the return would be nominal, and that the mechanical harvest of clams was already very restricted.   

 

In regards to LAPPs, this concept is being pushed by special interest groups while the number of fishermen are down in order to set the cap at a low number and crush commercial fishing.

 

She said that the CHPP would get swept under the rug if the legislature is not pushed on the issue.

 

And she said that the comments by the chairman of the SAFMC regarding allocation were appalling.

 

Dr. Jim Leutze then said he would like the Finfish Advisory Committee to investigate the question about allowing recreational fishermen to target red drum. Dr. B.J.Copeland advised the Red Drum FMP Advisory Committee was handling red drum issues and a report would be given on their activities later in the meeting.

 

Dr. Barbara Garrity-Blake then questioned whether a MFC member should be allowed to be on the SAFMC.  Dr. B.J. Copeland advised her that the MFC actually nominated the pool of nominees to go forward to the governor and then the U.S. Secretary of Commerce for council appointments.

 

Dr. Garrity-Blake then asked where is the accountability with the councils?  Can the MFC weigh in on council concerns?  Can the MFC send a letter?

 

Dr. Jim Leutze then asked the MFC counsel, Frank Crawley, if there were constraints on North Carolina’s SAFMC seat to represent the MFC’s recommendations and concerns.  Mr. Crawley responded that the council seat does not represent the MFC and is there in a separate capacity.  Mac Currin holds a recreational seat on the SAFMC.  Mr. Crawley did not see any conflict of interest with Mac Currin voting on SAFMC issues as a recreational representative.

 

Dr. Barbara Garrity-Blake suggested DMF staff investigate the SAFMC’s interim allocations to see what they mean and possibly write a letter at the next meeting.   

 

Committee Recommendations (continued)

The MFC received reports and updates from all of its advisory committees that met during September and October.

 

There was discussion under the Red Drum FMP Advisory Committee report about:

• Should there be a recreational cap and once exceeded close the season; and


• Should interim measures be implemented to extend the attendance requirement through the end of November?

 

Motion by David Beresoff to table the issue of an interim attendance requirement for the small mesh gill nets and wait until the FMP is finalized to address this issue, seconded by Dr. Barbara Garrity-Blake – motion passed 6 –1.

 

Limited Access Privilege Programs (LAPPs)

In a continuing educational discussion on LAPPs, division staff presented the MFC with the results from a LAPP questionnaire sent to all 2,499 N.C. fishermen who had over $1,000 in landings in 2006.  The survey included a two-page description of LAPP programs.  There were 493 completed returns as of Oct.15, 2007. 

 

The results were:

§         Do you think LAPPs make more sense than the current regulations as a way to manage some fisheries?  58%-No, 42%-Yes

 

§         Do you think the idea of fishermen buying and selling quota shares from each other would be a fair way to allocate the Total Allowable Catch for a species?  62%-No, 38%-Yes

 

§         Check any species that you believe might be better managed under a LAPP than the current regulations:

Striped Bass-38%

Summer Flounder-30%

Spiny Dogfish-18%

Black Sea Bass-23%

King Mackerel-23%

Snapper/Grouper-27%

Sharks-19%

Swordfish-16%

Other-34%

(These figures add up to more that 100 percent because fishermen could select more than one species.)

§         Do you think owning quota shares would make it easier to make long term decisions and investments in your business than the current system allows?  60%-No, 40%-Yes

 

§         If given a choice between a shortened season and a LAPP, which would be preferable? 52%-LAPP, 48%-Shortened Season

 

§         Should the MFC continue to investigate whether LAPPs could be used in North Carolina?  50%-Yes, 50%-No

 

§         Do you feel you had enough information to make informed answers to these questions? 75%-Yes, 25%-No

 

There were additional questions that were specific to the striped bass ocean fishermen and snapper grouper permit holders.

 

Then Dietmar Grimm of the Redstone Group gave an introduction to the performance of LAPPS in the United States and shared-stock Canadian fisheries.

 

At the next MFC meeting, staff will prepare LAPP scenarios on several North Carolina fisheries.

 

Fishery Management Plans

Oyster and Clam FMPs -These two FMPs have been reviewed by the DMF and the MFC’s Shellfish Advisory Committee, which has also served as the advisory committee for these FMPs.  There was disagreement on 10 management issues from either the DMF, advisory committee or one of the regional committees, and there was agreement on the 18 other management issues that were discussed.  There was also agreement on all Habitat and Water Quality recommendations for both FMPs.

 

Issues with Disagreements

Motion by Dr. Jim Leutze to support the DMF position on shellfish depuration plants, which was to stay with the status quo, seconded by Dr. Barbara Garrity-Blake – motion passed 7-0.

 

Motion by Mikey Daniels to support DMF and advisory committee’s positions on technical support for shellfish leaseholders and amending the advisory’s committee’s position stating they would support a private oyster larvae monitoring program, seconded by Rusty Russ – motion passed 7-0.

 

Motion by Dr. Barbara Garrity-Blake to support DMF and advisory committee shared positions on modifying shellfish lease provisions, seconded by Marshall Williford – motion passed 7-0.

 

Motion by Bradley Styron to support advisory committee’s position on the issue of no data on recreational harvest of shellfish, which was to stay with the status quo (this means the MFC did not support a recreational shellfish license or permit, and felt this information could be gathered by a survey), seconded by Rusty Russ – motion passed 7-0.

 

Motion by Dr. Jim Leutze to support the DMF and advisory committee shared position on movement of cultured seed shellfish from polluted areas, which was to stay with the status quo, seconded by Rusty Russ – motion passed 7-0.

 

Motion by Dr. Jim Leutze to support the DMF position on the issue of increasing dredging restrictions in Pamlico Sound bays, seconded by Rusty Russ – motion passed 5-2.

 

Motion by Dr. Jim Leutze to support the DMF and advisory committee shared position on the issue of changing the date to close oyster season from May 15 to March 31, seconded by Rusty Russ – motion passed 7-0.

 

Motion by Dr. Jim Leutze to support the DMF position on the issue of non-native oyster introduction, seconded by Marshall Williford – motion passed 6-1.

 

Motion by Dr. Barbara Garrity-Blake to support DMF and advisory committee shared position to discontinue the rotation of southeast Pamlico Sound with northern Core Sound and institute a resting period within the mechanical clam harvest area in northern Core Sound, seconded by Dr. Jim Leutze – motion passed 7-0.

 

Motion by Dr. Jim Leutze to support all positions on the issue of effects of mechanical clam harvest on fish habitat – motion died for lack of a second.

 

Motion by Dr. Jim Leutze to support DMF and advisory committee shared position on the issue of the effects of mechanical clam harvest on fish habitat, seconded by Marshall Williford – motion passed 7-0.

 

Issues with Agreement

Motion by Dr. Jim Leutze to accept the 18 oyster and hard clam management issues where there was agreement between the DMF and the advisory committee, seconded by Mikey Daniels – motion passed 7-0.

 

Habitat and Water Quality Issues

Motion by Dr. Barbara Garrity-Blake to accept the Habitat and Water Quality recommendations, seconded by Mikey Daniels – motion passed 7-0.

 

Research Priorities

Motion by Rusty Russ to accept the research priorities, seconded by Dr. Jim Leutze – motion passed 7-0.

 

Motion by Dr. Jim Leutze to send the Oyster and Hard Clam FMPs to DENR Secretary Bill Ross and the Joint Legislative Study Commission on Seafood and Aquaculture, seconded by David Beresoff – motion passed 7-0.

 

These FMPs can be viewed or downloaded at:

http://www.ncdmf.net/fmps/index.html

 

Bay Scallop FMP – The Bay Scallop FMP has been developed through the DMF/ advisory committee process, gone out to public meetings and regional advisory committees, then to the DENR Secretary Bill Ross and the Joint Legislative Commission on Seafood and Aquaculture for comment and review and through the public hearing process.

 

Motion by Marshall Williford to approve the Bay Scallop Fishery Management Plan and its implementing rules, seconded by Dr. Jim Leutze – motion passed 7-0.

 

This FMP can be viewed or downloaded at:

http://www.ncdmf.net/fmps/index.html

 

Interjurisdictional FMP – The Interjurisdictional FMP has been developed through the DMF/advisory committee process and out to public meetings and the regional advisory committees for review and comment. It is now ready to go to DENR Secretary Bill Ross and the Joint Legislative Commission on Seafood and Aquaculture for comment and review.

 

Motion by Dr. Barbara Garrity-Blake to send the Interjurisdictional FMP to DENR Secretary Bill Ross and the Joint Legislative Commission on Seafood and Aquaculture, seconded by David Beresoff – motion passed 7-0.

 

This FMP can be viewed or downloaded at:

http://www.ncdmf.net/fmps/index.html

 

Kingfish FMP – The Kingfish FMP has been developed through the DMF/advisory committee process and gone out to public meetings and the regional advisory committees for review and comment. It is now ready to go to DENR Secretary Bill Ross and the Joint Legislative Study Commission on Seafood and Aquaculture for comment and review.

 

Motion by David Beresoff to recommend the Kingfish FMP habitat, water quality and protected species measures; management triggers with proclamation authority; and not to recommend ASMFC or SAFMC management of kingfish stocks or a 30-day comment period; also to send the Kingfish FMP to DENR Secretary Bill Ross and the Joint Legislative Commission on Seafood and Aquaculture; seconded by Marshall Williford – motion passed 6-0.

 

Motion by Rusty Russ to accept all research recommendations from the Kingfish Plan Development Team, seconded by Dr. Barbara Garrity-Blake – motion passed 6-0.

 

This FMP can be viewed or downloaded at:

http://www.ncdmf.net/fmps/index.html

 

License and Statistics Annual Report

Each year the DMF License and Statistics Section provides summaries of commercial and recreational harvest and landings data and commercial fishing licenses issued for the state of North Carolina.  The purpose is to disseminate the data in formats most often requested and to illustrate the types of information collected through the various programs within the section.

 

Contact Don Hesselman at 252-726-7021 or do***********@nc****.net for a copy of this report or visit http://www.ncdmf.net/statistics/statistics.htm to view license and statistics data.

 

Suspension of Rules

If the DMF Director suspends any fisheries rules, the MFC must resuspend those rules at its subsequent meeting.

 

Motion by Rusty Russ to resuspend the rules to implement the Amendment 13C measures of the Snapper-Grouper FMP in state waters, seconded by Dr. Jim Leutze – motion passed 5 – 2.

 

Rules

Final Approval for Permanent Rule – The MFC has taken this issue through the rulemaking process and this is the final step they must take to make the rule permanent:

 

Motion by Dr. Jim Leutze to give final approval of SCFL Eligibility rules, updating the creation of the applicant pool and updating the application process, seconded by Dr. Barbara-Garrity-Blake – motion passed 7-0.

 

Notice of Text – The MFC decided to file notice of text to begin the rulemaking process on the following issue(s):

 

Motion by David Beresoff to approve notice of text for a rule amendment addressing transfer criteria for eligibility pool SCFLs, seconded by Dr. Jim Leutze – motion passed 7-0.

 

Committee Referral – The MFC referred these issues to advisory committees for further review:

 

Motion by Dr. Barbara Garrity-Blake to refer pound net issues (removal of gear/gear clean up period) to the regional advisory committees, seconded by Rusty Russ – motion passed 7-0.

 

Motion by Dr. Barbara Garrity-Blake to send the Turtle Excluder Device rules (enforce federal requirements) to the regional advisory committees, seconded by Dr. Jim Leutze – motion passed 7-0.

 

Motion by Rusty Russ to send the recreational shrimp limits issue to the regional advisory committees, seconded by David Beresoff – motion passed 7-0.

 

Motion by David Beresoff to send the mechanical retrieval of RCGL trawls issue to the regional advisory committees, seconded by Rusty Russ – motion passed 6-0.

 

Motion by Rusty Russ to send mechanical harvest effort options for oysters to the regional advisory committees, seconded by Bradley Styron – motion passed 6-0.

 

Coastal Recreational Fishing License

The MFC was given an update on license sales and an overview of the DMF’s funding and administration proposals for the CRFL.  As of October 25, 2007, a total of 437,653 CRFL’s had been sold, for a net revenue of $4,496,879 in the Marine Resources Fund. 

Approximately $1,660,852 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, and a senior stock assessment scientist position. 

 

Waterfront Access and Marine Industry Fund

DMF Director Louis Daniel reported to the MFC that the Waterfront Access and Marine Industry (WAMI) Fund Citizens Advisory Committee met on Nov. 8 and reviewed 159 proposals submitted for consideration.  Committee members were asked to choose their top seven projects each from the northern, central and southern coastal areas and submit those selections by November 20.  The DMF staff will meet soon to also select projects they feel best meet the WAMI criteria. The proposals will also be reviewed by the WAMI Coordination Committee in December.

 

FMP Guidelines

The MFC received a report from the DMF proposing update for the Fishery Management Plan guideline.

 

Motion by Marshall Williford to accept revised MFC FMP guidelines, seconded by Rusty Russ – motion passed 6-0.

 

Letters/Resolutions

Motion by Dr. Barbara Garrity-Blake for the MFC to send a letter to DENR Secretary Bill Ross regarding “Inner Banks” development, seconded by Jim Leutze – motion passed 7-0.

 

Motion by Dr. Barbara Garrity-Blake to pass a resolution in support of the spirit of HR 4084, introduced by Congressman Walter Jones, seconded by Mikey Daniels – motion passed 6-0.

 

2008 Meeting Schedule:

January 24-25             Marriott, Carolina Beach
April 22-23                  City Hotel and Bistro, Greenville
June 19- 20                  Sheraton, Downtown Raleigh
September 25-26             Clamdigger Inn, Pine Knoll Shores
November 6-7               Ramada Inn, Kill Devil Hills