Feasibility of a Commercial Hook-and-Line Fishery in North Carolina Marine Fisheries Commission Business Meeting November 5, 2010

Overview Issue development and timeline Review of workgroup research and findings –Part I: Potential Rule Changes –Part II: Other States Hook-and-Line Fisheries –Part III: Impacts on Current Management

Issue Development Petition for rulemaking -- March 2010 MFC meeting –Red drum and spotted seatrout rules –Weakfish proclamation –Allow SCFL holders to catch commercial quantities of above species via hook-and-line

Issue Development March 2010: MFC requested staff examine all issues related to development of a commercial hook-and-line fishery June-July 2010: Staff met with petitioner to discuss timeframe and issues August 2010: MFC voted to develop notice of text for rulemaking for cycle

Part I Potential Rule Changes

History and Current Rules MFC last examined this issue in 1998 –SCFL holders can only sell bag limit –Many existing rules developed due to conflicts December 2009: No bag limit sales of snapper grouper No limits (state waters): Bluefish, mullet (striped/white), kingfish (sea mullet), spot, Atlantic croaker; flounder in internal waters only

Species Commercial Use of Hook/Line Gear Restricted in NC? Commercial Hook/Line Catch and Sale Limit State Waters (SCFL Holder only) Commercial Hook/Line Catch and Sale Limit Federal Waters (SCFL Holder only) BluefishNoNo limit CobiaNoTrip/bag limit* CroakerNoNo limit DolphinNo No sale w/out federal permit No sale w/out federal permit FlounderNo None (internal waters); 100 lb trip limit w/o license in ocean 100 lb trip limit w/o license in ocean King mackerelNo Bag limit w/out federal permit Bag limit w/out federal permit Kingfish (sea mullet)NoNo limit MulletNoNo limit Red drumYesOne fish**Harvest prohibited * Same trip and bag limit (2 fish) for both commercial and recreational sectors ** Only when commercial season open; fish must be 18-27”

Species Commercial Use of Hook/Line Gear Restricted in NC? Commercial Hook/Line Catch and Sale Limit State Waters (SCFL Holder only) Commercial Hook/Line Catch and Sale Limit Federal Waters (SCFL Holder only) ShadYes Bag limit (internal waters)Harvest prohibited Snapper grouperNo No sale w/out federal permit No sale w/out federal permit Spanish mackerelNo (state waters) < 3,500 lb w/out federal permit Bag limit w/out federal permit Spiny dogfishNo (state waters)Trip limit*** SpotNoNo limit Spotted seatroutYesBag limitNone Striped BassYes Commercial hook-and- line sale prohibitedAll harvest prohibited WahooNo No sale w/out federal permit No sale w/out federal permit WeakfishYesOne fishNone^^ *** Same trip limit in state and federal waters w/exception for spiny dogfish south of Brown’s Inlet (500 lb state waters limit) ^^No limit in directed fisheries in federal waters currently; NMFS has proposed 100 lb bycatch limit for non-directed fisheries, although language is inconsistent. If proposed rule is implemented, will impose 100 lb directed trip limit in federal waters as well.

Potential Rule Changes Rules for red drum, spotted seatrout, American shad and striped bass would need to be changed Red Drum: –Directed commercial catch of red drum inconsistent with current state and Atlantic States Marine Fisheries Commission (ASMFC) FMPs –Commercial hook-and-line catch up to current 10 fish trip limit allowed if bycatch provision maintained

Potential Rule Changes Spotted seatrout –Proposed rule: six fish recreational bag limit, no more than three fish greater than 24 inches TL –Additional modifications require review by Spotted Seatrout Advisory Committee American Shad –Harvest prohibited in ocean –Gamefish status in inland waters (Wildlife Resources Commission)

Potential Rule Changes Striped Bass –Hook-and-line not allowable commercial gear in striped bass fishery –Directed hook-and-line fishery in Albemarle Sound Management Area inconsistent with state FMP –No commercial harvest in Roanoke River Management Area –Atlantic Ocean Striped Bass Commercial Gear Permit would require change

Summary Unlimited commercial catch via hook-and- line allowed for a number of species Consistency with ASMFC and federal fishery management council FMPs Rule changes pursued through FMP review process (every five years) Rule changes coordinated with annual rulemaking cycle

Part II Summary of Commercial Hook-and-Line Fisheries in Other States

Hook-and-Line Fisheries in Other States Prompted by the issue illustrated in Part I, DMF staff contacted other states to gather information on their hook-and-line fisheries. States contacted Massachusetts South Carolina Maryland Georgia Virginia Florida

Hook and Line Fisheries in Other States Which states have a hook-and-line fishery History of the fishery Pros and cons of a hook-and-line fishery From these findings, develop a number of possibilities the MFC could use to administer a commercial hook-and-line fishery in North Carolina

Hook-and-Line Fishery All states contacted allow catch of finfish with hook-and-line gear Only Massachusetts, Maryland, and Virginia have a hook-and-line permit Maryland and Virginia have a limited entry program Hook-and-line gear is mainly used as a supplement to other gears

Management Tools Several management tools that are used to manage a hook-and-line fishery –Trip limits –Permits/Species endorsements –Decals –Crew size These tools can be used independently or in conjunction with one another

Trip Limits Useful in controlling the harvest of certain species of finfish Gear-specific limits can be used to increase hook-and-line bag limits, but must not adversely impact fishery stocks Increase in hook-and-line harvest may require decrease in harvest in other gear types

Trip Limits South Carolina/Georgia –No commercial hook-and-line harvest and sale over recreational bag limit Florida –Limits harvest of several species to just hook- and-line –Spotted seatrout (75 per person or vessel) –Tripletail (10 per person or vessel) –American shad (10 per person) –African pompano (2 per person or vessel)

Permits In other states permits have been used to: –Control the number of fishermen in the fishery –Control the amount of effort in the fishery –Enable better tracking of trends in the commercial fisheries North Carolina –Requires a statute change to have limited entry permit –Requires a statute change to charge for permit

Permits Massachusetts –No limited entry –1,121 permits –Requirements: Commercial license and species endorsement to harvest certain species of finfish Maryland –Permits issued for hook-and-line and other gear types –Striped bass: 1,231 (~30%) limited entry –Flounder: 7 (0%) limited entry –Yellow perch: (<1%) not limited entry –Requirements: Commercial license

Permits Virginia –Originally set up as specialized commercial fishery –Limited entry (individual transferable quota program) –200 permits –Requirements: 1,000 pounds of seafood landed over two years and valid striped bass permit

Species Endorsement Can be an alternative or work in conjunction with a permit to harvest certain species of finfish (ex. Florida and Massachusetts) Requirement to obtain endorsement: Commercial fishing income Landing history Pay a fee Age North Carolina Requires statute change to charge for endorsement Requires statute change to create endorsement

Markings and Notification Allow for quick identification of participants in the fishery Maryland: Flag Virginia: License plate North Carolina Decals –For-hire fishing permit –For-hire blanket coastal recreational fishing license –Commercial fishing vessel registration Call-in policy –Scientific and educational collection permit

Crew Size This management method has been used to: –Deter selling of fish caught on chartered vessels –Enable accurate counts of fishermen operating in fishery –Limit effort and harvest in fishery Massachusetts –Each crew member must have a permit Maryland –One permit holder allowed with three additional non- permit holders onboard –Two permit holders allowed with one additional non- permit holder (each) onboard Virginia –All crew members must register on an annual basis

Other Management Issues Double-counting of a trip as both commercial and recreational Conflicts between commercial and recreational hook-and-line fishermen

Charter/Commercial Fishermen Issue –Commercial fishermen with for-hire licenses or charter boat captains with commercial licenses would have a distinct advantage if they were able to take clients out on a chartered “commercial” trip where clients were not subject to the recreational trip limits Virginia –Crew list with over 200 fishermen listed

Competition for Space Other states indicated they have conflict issues between user groups Virginia –Distance one can fish from certain structures: bridges, jetties, and piers –Seasons –Weekend closure –Time of day North Carolina has addressed some of these issues as listed in 15ANCAC 03J.0402 of the Rules for Coastal Fishing Waters.

How effective is hook-and-line gear? Percent of selected species caught commercially with hook-and-line gear in North Carolina coastal waters from (NC TTP). Species Prior to hook-and-line regulations After hook-and- line regulations Red Drum 0.6% % Shad % % Weakfish 0.0% % Spotted Seatrout % %

Rank of landings harvested with hook-and-line gear by state (Florida, Georgia, and South Carolina) from (ACCSP). Other States 2009 Commercial Landings by Hook-and-Line South Carolina: Bluefish ranked 17 th out of 35 species landed Georgia: Red drum ranked 7 th, spotted seatrout ranked 11 th out of 25 species landed Florida: Spotted seatrout ranked 10 th, bluefish ranked 11 th out of 95 species landed

Summary Issues to address: Consider effects of increasing trip limits on finfish stocks Establish a permitting/endorsement system Establish means to distinguish commercial hook-and- line fishermen from recreational fishermen Determine the number of crew members allowed Establish restrictions or conditions to prevent double- dipping Identify geographic areas where conflicts might occur

Part III Potential Impacts on Current Management and FMPs

Overview Species current management Broad overview of the effects a commercial hook-and-line fishery may have on each

Striped Bass Management Atlantic Ocean Managed under ASMFC Striped Bass FMP Amendment 6 480,480-pound Total Allowable Catch (TAC) Dec 1-Nov 30 fishing year 28-inch TL minimum size limit TAC allocated among three fisheries with daily landing limits Beach seine, gill net, trawl 2009 NCDMF established permit system; fishermen declare gear/fishery and are locked in for three consecutive years Hook-and-line not allowable commercial gear in striped bass fishery Sale of hook-and-line striped bass prohibited

Changes/Effects of a Commercial Hook-and-Line Fishery Rule change to allow hook-and-line as commercial gear for striped bass Addition of fourth permit category Considering limited entry requires legislative approval ASMFC approval not required

Changes/Effects of a Commercial Hook-and-Line Fishery Possibly reduce seines, gill nets, trawl effort Possibly reduce bycatch and interactions with protected species Additional participants in already “crowded” fishery with a small quota (~780 participants for 2010/2011 season) Charter boats with multiple license/multiple trips and sale of customer limits Allocation of TAC to hook-and-line gear/fishery

Striped Bass Management Albemarle Sound Management Area Managed under ASMFC Striped Bass FMP Amendment 6 and 2004 NC Estuarine Striped Bass FMP (currently under revision - joint plan DMF/WRC) 275,000-pound commercial TAC with daily harvest limits Spring and fall season 18-inch TL minimum size limit Bycatch fishery 50% by weight Hook-and-line not allowable commercial gear Sale of hook-and-line striped bass prohibited

Striped Bass Management Central Southern Management Area Managed under 2004 NC Estuarine Striped Bass FMP (joint plan DMF/WRC) No ASMFC compliance requirements 25,000-pound TAC with daily harvest limits March-April season 18-inch TL minimum size limit Bycatch fishery in sounds 50% by weight; low level directed fishery in rivers

Changes/Effects of a Commercial Hook-and-Line Fishery ASMA/CSMA Rule change to allow hook-and-line as commercial gear for harvest and sale of striped bass Change in bycatch provision to allow directed harvest Revision of state FMP required

Changes/Effects of a Commercial Hook-and-Line Fishery ASMA/CSMA Provide opportunities for fishermen displaced from gill net fisheries due to recently implemented regulations Possibly decrease amount of gill net, pound net effort Reduce bycatch and interactions with protected species Increase number of participants Charter boats with commercial license Effects on depleted stock

Red Drum Management Managed under NC Red Drum FMP Amendment 1 and ASMFC Red Drum FMP Amendment 2 250,000-pound annual cap with daily harvest limit; currently 10 fish Fishing year September 1-August 31 Size limit inches TL Bycatch fishery; 50% by weight Commercial hook-and-line currently allowed; limited to recreational bag limit of one fish between inches when season is open

Changes/Effects of a Commercial Hook-and-Line Fishery Directed hook-and-line commercial fishery inconsistent with state and ASMFC FMP Allowance of current 10 fish trip limit with bycatch provision consistent with both state and ASMFC FMPs –Likely to increase commercial harvest –Unknown how much; could be significant

Spotted Seatrout Management ASMFC FMP exists but does not carry compliance requirements Currently managed under NC Spotted Seatrout FMP; awaiting final approval 14-inch TL minimum size limit Current bag limit is 10 fish taken by hook and line (or for recreational purposes); accounts for < 1.0% of commercial landings In recent years, gill nets account for 78% of annual commercial landings

Changes/Effects of a Commercial Hook-and-Line Fishery Reduce amount of gill net used Provide opportunity for fishermen displaced from gill net fisheries Could reduce bycatch Could significantly increase participant numbers thereby increasing harvest; currently overfished and overfishing May increase competition/conflict between recreational and commercial fishermen (this was the reason for the commercial hook-and-line bag limit) Revision of state FMP

Southern Flounder Management Currently managed under 2005 NC Southern Flounder FMP Amendment 1 under development 14-inch TL minimum size limit Gill nets and pound nets account for over 90% of annual commercial landings

Changes/Effects of a Commercial Hook-and-Line Fishery Hook and line commercial fishery currently exists; landings are minimal –Less than 0.1% of annual commercial landings from Continued restrictions on other gears could increase these landings; likely not significant

Kingfish Currently managed under the 2007 NC Kingfish FMP No commercial size or harvest limits Commercial hook-and-line fishery currently allowed –Accounts for less than 0.1% of annual commercial landings Unlikely lost landings from other gears will be recouped in commercial hook-and-line fishery

Striped Mullet Currently managed under 2006 NC Striped Mullet FMP Commercial hook-and-line fishery currently allowed and has little to no impact –Mostly feed on detritus, plant material and microorganisms –Not often caught by hook and line Potential increase in use of striped mullet as bait in other commercial hook-and-line fisheries

Summary Addition of a commercial hook-and-line fishery will affect each current fishery differently Some fisheries may experience substantial changes (i.e. shift in effort, increased participants, increased landings, increased conflicts); others may not Difficult to project impacts of increased hook- and-line effort on stock status and current management objectives Any changes to current management regimes need to go through FMP review process

Recommendations Careful establishment on a fishery-by-fishery basis Plan Development Team should be responsible for developing hook-and-line program for a fishery during scheduled FMP review process Development of commercial hook-and- line fishery may offset some economic hardship from recent gill net restrictions

Workgroup Participants Chris Batsavage Adam Carter Chip Collier Michelle Duval Clark Gray Stephanie McInerny Lee Paramore Kathy Rawls Chris Wilson