North Carolina Fisheries Association - FryingPanTower.Com

NORTH CAROLINA FISHERIES ASSOCIATION
"Serving Commercial Fishing Families of North Carolina"

River Herring Moratorium Unacceptable to Seafood and Aquaculture: Joint Legislative Commission on Seafood and Aquaculture voted Thursday to recommend the MFC adopt an advisory committee proposal for a 100,000-pound annual commercial harvest with a 12-fish per day recreational creel limit, soundly rejecting the reasoning of the NCMFC’s Chairman Mac Currin and the Division. The discussion centered on whether a moratorium would fix the problems with the stock; The Division’s Director Pres Pate and its herring expert, Sara Winslow, were unable to convince the Seafood and Aquaculture commissioners that this precedent setting moratorium will do anything but hurt the economy of Martin County and destroy an important fishery in NC. A Motion made by Sen. Albin B. Swindell, IV passed through the Commission with only one no vote from the recreational appointee to the Commission. Seafood and Aquaculture will be sending a letter to the NC Marine Fisheries Commission that will encourage NCMFC to vote to implement the 100,000 lb quota; ask the Division Director to suspend the current rule and implement the new quota; and inform them that the Seafood and Aquaculture Commission will ask the appropriate legislators to seek funding for research in the fishery. The letter is supposed to be sent before the next NCMFC meeting in February. All legislators did an excellent job; notably Senator Albertson, as chair allowing the discussion to be frank and open, newly appointed Sen. Jean Preston, as mentioned Sen. Swindell, Representative Alice Underhill and particularly Rep. William Wainwright. If they are your representatives give them call and thank them. Also, Senator Mark Basnight’s staff (Amy Fulk and Chris Dillon) was very helpful moving the process along. The meeting in Raleigh was well attended by NCFA members.

Speaking of the NCMFC… MIKEY DANIELS WAS APPOINTED TO THE NC MARINE FISHERIES COMMISSION; THANKS TO ALL THOSE WHO WEIGHED IN ON THE ISSUE…COMMERCIAL SEATS NOW FILLED ON THE COMMISSION. FINALLY!

PROCLAMATION RE: SPINY DOGFISH-COMMERCIAL FISHING OPERATIONS- ATLANTIC OCEAN Preston P. Pate hereby announces that effective at 6:00 P.M., Friday, January 19, 2007 the following will apply to the harvest of spiny dogfish in the Atlantic Ocean waters of North Carolina. SEASON CLOSURE The commercial harvest season for spiny dogfish in the Atlantic Ocean is CLOSED. http://www.ncfisheries.net/procs/procs2k7/FF-3-2007.html

RE: FLOUNDER – COMMERCIAL FISHING OPERATIONS – ATLANTIC OCEAN

Effective at 12:01 A.M., Tuesday, January 16, 2007, the following restrictions shall apply to the commercial flounder fishery: I. HARVEST LIMITS A. During the period beginning at 12:01 A.M., Tuesday, January 16, 2007 and ending at 6:00 P.M., Tuesday, January 30, 2007, no commercial fishing operation, regardless of the number of people involved, may have total landings of more than 10,000 pounds of flounder taken from the Atlantic Ocean. These operations require a valid License to Land Flounder from the Atlantic Ocean. The Atlantic Ocean flounder fishery will close immediately after the Director issues a public notice that the spring quota of flounder has been landed from the Atlantic Ocean, or at 6:00 P.M., January 30, 2007, whichever occurs first. http://www.ncfisheries.net/procs/procs2k7/FF-1-2007.html

RE: RE: STRIPED BASS SEASON –GILL NETS: ATLANTIC OCEAN effective at 12:01 A.M., Tuesday, January 23, 2007 the season for the harvest of striped bass with gill nets in the Atlantic Ocean waters of North Carolina WILL OPEN. The following restrictions shall apply: I. SIZE LIMIT No person may possess, transport, buy, sell or offer for sale striped bass less than 28 inches total length taken with ocean gill nets from the Atlantic Ocean. II. HARVEST RESTRICTIONS No individual may land or sell more than 10 striped bass per person per day except that an ocean gill net operation consisting of more than one Standard Commercial Fishing License (SCFL) holder may land or sell no more than two daily harvest limits (20 fish). A SCFL holder must accompany each single harvest limit (10 fish) until the time of sale to a dealer who possesses a valid 2006/2007 Striped Bass Dealer Permit validated for the Atlantic Ocean. Harvest will be allowed on Tuesday, January 23, 2007, Wednesday, January 24, 2007 and Thursday, January 25, 2007. http://www.ncfisheries.net/procs/procs2k7/FF-4-2007.html

RE: GILL NETS - ALBEMARLE SOUND MANAGEMENT AREA Effective at 12:01 A.M., Thursday, February 1, 2007, the following provisions shall apply to the use of gill nets in the ALBEMARLE SOUND MANAGEMENT AREA. AREA DESCRIPTION: The Albemarle Sound Management Area as described in Marine Fisheries Rule 15A NCAC 03R.0201 (a). NET RESTRICTIONS: Only gill nets meeting the specified mesh lengths shall be used in the areas identified below. A fishing operation, regardless of the number of vessels or persons involved, shall adhere to the gill net restrictions specified for the following areas: Albemarle Sound, Currituck Sound, Croatan Sound and Roanoke Sound and their Joint Water Tributaries A. No gill nets with a mesh length greater than six inches shall be used. B. Gill nets with a mesh length of 3 ¼ inches shall not exceed 800 yards in length.

Flounder landings

2007 winter fishery quota 1,659,070 pounds
(80% of total 2007 NC quota)
Cumulative harvest for the 2007 winter fishery - 573,485 pounds
2007 winter fishery summer flounder quota remaining 1,085,585 pounds

Meetings

January 22, 2007 1 p.m.

NCMFC Habitat and Water Quality Advisory Committee
NCDENR Regional Office - 943 Washington Square Mall - Washington, NC
Contact Jimmy Johnson 252-948-3952

January 22, 2007 9:30 a.m.

NC Coastal Habitat Protection Plan Committee
NCDENR Regional Office - 943 Washington Square Mall - Washington, NC
Contact Mike Street 800-682-2632 or 252-726-7021

January 23, 2007 6 p.m.

NCMFC Southeast Regional Advisory Committee
NCDENR Regional Office - 127 Cardinal Drive - Wilmington, NC
Contact Rich Carpenter 800-248-4536 or 910-796-7215

For more information on any item in this update, please contact the NCFA office (252) 633-2288.

NORTH CAROLINA FISHERIES ASSOCIATION
"Serving Commercial Fishing Families of North Carolina"

Joint Legislative Commission on Seafood and Aquaculture will be meeting in Raleigh next week (Thursday January 18) and one crucial item it will address is the Draft River Herring FMP and the recent NCMFC vote for a moratorium. After the shenanigans of NCMFC’s Chairman Currin (using his authority as chairman to influence a vote and in an almost unprecedented manner actually voting on the issue) the Division’s Director, Pres Pate, suspended the current rule of 300,000 lbs and put in place a zero harvest in the fishery, in effect, implementing an FMP before its been finished. Seafood and Aquaculture will be taking up the issue and concerned members and friends are encouraged to attend the meeting. (See details below) As noted in previous updates the vote for a moratorium went ahead despite one commercial seat being empty (thanks Governor Easley), and the other commercial representative changing his vote from no moratorium to supporting one after the Division’s Director indicated he would do what the NCMFC would not do if he had to. That last point comes from several folks in attendance at the Commission vote.

LONG AFTER CHRISTMAS (17 days and months after the seat went vacant) , SILENT NIGHT(S) CONTINUE; there is still no word from the Governor’s office regarding the NCMFC commercial seat appointment. Governor Mike Easley 919-733-4240 ask for Sara Allen…on second thought, ask for the Governor… also no word on the NC Division Director’s position as of this writing, despite the announcement that Pres Pate is supposed to be leaving January 31.

Barbara Aileen Harvell passed away last night from a long battle with cancer. Barbara was the wife of Rufus Harvell (Deceased). She was the mother of Jerry Harvell (Deceased), Ricky Harvell and Barbara Jean Harvell Piner. Rufus and Jerry were both life long commercial fishermen of Carteret County. Please keep the families in prayer.

PROCLAMATION

RE: FLOUNDER – COMMERCIAL FISHING OPERATIONS – ATLANTIC OCEAN

Effective at 12:01 A.M., Tuesday, January 16, 2007, the following restrictions shall apply to the commercial flounder fishery: I. HARVEST LIMITS A. During the period beginning at 12:01 A.M., Tuesday, January 16, 2007 and ending at 6:00 P.M., Tuesday, January 30, 2007, no commercial fishing operation, regardless of the number of people involved, may have total landings of more than 10,000 pounds of flounder taken from the Atlantic Ocean. These operations require a valid License to Land Flounder from the Atlantic Ocean. The Atlantic Ocean flounder fishery will close immediately after the Director issues a public notice that the spring quota of flounder has been landed from the Atlantic Ocean, or at 6:00 P.M., January 30, 2007, whichever occurs first. http://www.ncfisheries.net/procs/procs2k7/FF-1-2007.html

RE: STRIPED BASS GILL NETS IN ATLANTIC OCEAN Division of Marine Fisheries Proclamation FF-74-2006 dated December 21, 2006 opens the commercial striped bass Atlantic Ocean gill net fishery at 12:01 A.M. on January 3, 2007. A federal rule exists which prohibits the use of large mesh gill nets (= 7 inch stretched mesh) at night from December 16 through April 14 without tie-downs. This federal rule remains in effect and supersedes the state proclamation. In other words, to set a large mesh gill net at night is a violation of the National Marine Fisheries Service rule.

RE: BLACK SEA BASS – COMMERCIAL FISHING OPERATIONS – ATLANTIC OCEAN Effective at 12:01 A.M., Tuesday, January 16, 2007, the following restrictions shall apply to the commercial black sea bass fishery north of Cape Hatteras (35° 15.3’N. Latitude): SIZE LIMIT It is unlawful to possess black sea bass less than 11 inches total length north of Cape Hatteras. Total length shall be measured along the lateral midline from the tip of the nose to the tip tail, excluding the caudal fin filament. HARVEST LIMITS During the period beginning at 12:01 A.M., Tuesday, January 16, 2007 and ending at 6:00 P.M., Tuesday, January 30, 2007, no commercial trawl, fish pot or hook and line fishing operation, regardless of the number of people involved, may have total landings of more than 5,000 pounds of black sea bass taken from the Atlantic Ocean north of Cape Hatteras. The Atlantic Ocean black sea bass fishery will close immediately after the Director issues a public notice that the quota of black sea bass has been landed from the Atlantic Ocean north of Cape Hatteras, or at 6:00 P.M., January 30, 2007, whichever occurs first. http://www.ncfisheries.net/procs/procs2k7/FF-2-2007.html

Meetings

January 16, 2007 6 p.m.

NCMFC Central Regional Advisory Committee
Board Room - Brock Admin. Building - Craven Community College - New Bern, NC
Contact Mike Marshall 800-682-2632 or 252-726-7021

January 16, 2007 2 p.m.

NCMFC Nominating Committee
Habitat Conference Room - NCDENR Regional Office - 127 Cardinal Drive - Wilmington, NC
Contact Red Munden 800-682-2632 or 252-726-7021

***January 18, 2007

Joint Legislative Commission on Seafood and Aquaculture

Room 544 Legislative Office Building, Raleigh***

January 17, 2006 6 p.m.

NCMFC Shellfish/Oyster and Hard Clam FMP Advisory Committee Room 305 - C-Mast Building - 330 College Circle.- Morehead City, NC
Contact Mike Marshall 800-682-2632 or 252-726-7021

NORTH CAROLINA FISHERIES ASSOCIATION
"Serving Commercial Fishing Families of North Carolina"

HAPPY NEW YEAR; the new year begins with much on our plate; the snapper/grouper lawsuit is moving forward with no word as to whether the state will intervene in the case. Sadly, it seems the decision by the state is being driven by considerations other than the merits of the case. Remember, the Division led the charge against Amendment 13C and as recently as the last South Atlantic Council meeting in Atlantic Beach, was quoted as not being very happy with the SAFMC’s so-called fixes to the socio-economic data, amongst other things. The Council has two versions of the story, one says NC will not be disproportionably negatively affected by the new Amendment, the other says it will; litigation will force that issue to resolution and the state should be part of the process.

Etheridge Seafood continues defending itself from overly zealous federal prosecutors who have stated on record that fishermen should throw fins overboard in order to comply with the 5% fin to carcass ration if they have to. The case is so convoluted the enforcement witness for the federal government said on the record, if he was at the dock and saw the fins and the carcasses, even if the % rate was in access of 7%, he would not have prosecuted the case. Transcripts from the November 13th hearing are still not available…seems like a long time to get them to me.

LONG AFTER CHRISTMAS, SILENT NIGHT(S) CONTINUE; there is still no word from the Governor’s office regarding the NCMFC commercial seat appointment. Governor Mike Easley 919-733-4240 ask for Sara Allen…on second thought, ask for the Governor…

January 2, 2007 Division of Marine Fisheries Proclamation FF-74-2006 dated December 21, 2006 opens the commercial striped bass Atlantic Ocean gill net fishery at 12:01 A.M. on January 3, 2007. A federal rule exists which prohibits the use of large mesh gill nets (= 7 inch stretched mesh) at night from December 16