Southern Flounder FMP Amendment 1 NC Marine Fisheries Commission August 12, 2010

Overview Background 2005 FMP and 2009 Stock Assessment Life History Commercial and Recreational Fisheries Environmental Factors Management Issues and AC and NCDMF recommendations

Background 2005 FMP recommended management measures to end overfishing, reduce bycatch, and alleviate user conflicts 30% overall harvest reduction needed to achieve sustainable harvest Projected overall harvest reduction of 17.2% from MFC selected management measures Reassess the stock after 3 years Commercial landings decreased and recreational harvest remained near time series high after FMP implementation 2005 FMP recommended management measures to end overfishing, reduce bycatch, and alleviate user conflicts Management measures include a 14” minimum size limit for the commercial & recreational fisheries, 8 fish creel limit for the recreational fisheries, a December closed season for the commercial fishery, a 3,000 yard maximum yardage limit for large mesh gill nets, a minimum distance between new and existing pound nets and between pound nets and gill nets, and minimum mesh size increases for large mesh gill nets and crab trawls to reduce the bycatch of undersized southern flounder The stock assessment conducted for the 2005 FMP determined that an overall harvest reduction of 30% was needed to achieve sustainable harvest However, the MFC selected management measures from the 2005 FMP resulted in an overall projected harvest reduction of 17.2%--the 2005 FMP recommended another stock assessment be conducted 3 years after plan implementation to evaluate the progress of stock rebuilding For the 3 years after the FMP was implemented, commercial landings decreased but recreational harvest remained near the time series high

Background 2009 stock assessment: overfished & overfishing Sustainable harvest based on achieving spawning potential ratio (SPR) of 25% (F threshold = 0.59) (2005 FMP F threshold = 0.57) F (2007) = 0.75 Further harvest reductions needed to achieve sustainable harvest Harvest reductions based on projections that achieve sustainable harvest by 2015 Overfishing to end 2 years after FMP adoption 2009 SA: still overfished & overfishing despite some improvements, but more must be done to rebuild the stock As the stock assessment indicated, harvest reductions are needed to rebuild the spawning stock biomass and to end overfishing The overfishing/overfished threshold for the southern flounder stock is 25% SPR and the target is 35% SPR. Sustainable harvest is designed to achieve the threshold SPR of 25% which equals an F of 0.59 (2005 FMP F threshold = 0.57) The fishing mortality rate in 2007 was 0.75 Therefore, further harvest reductions needed to achieve sustainable harvest Harvest reductions are based on projections that achieve sustainable harvest within 10 years of original FMP implementation (2015) Projections calculated under a constant harvest scenario (harvest level that allows stock to achieve threshold SSB  by 2015) These projections estimate overfishing will end by 2014, which is 2 years after this FMP amendment is adopted DMF chose biological reference points that indicate whether or not the stock is overfished or if overfishing is occurring Reference points are based on the spawning potential ratio (SPR) of the stock: this is the proportion of the spawning stock in the population compared to an unfished stock (100% SPR). This would result in an overall harvest reduction of 20.5% at the current minimum size limit of 14-inches or 30.6% at 15 inches Higher reduction to account for increased discards

Life History Live up to age 9+ and grow as large as 20+ pounds Females grow larger than males Spawn in ocean (November-February) Juveniles in estuaries first two years of life

Commercial Fisheries 89% of total annual landings (1991-2007) and averaged 3.3 million pounds per year Since FMP implementation, only 75% of total annual landings (2005-2007) and averaged 2.2 million pounds per year 96% of landings from pound nets, gill nets and gigs Pound nets were historically the top gear but landings surpassed by gill nets in 1995

Recreational Fisheries Harvested by hook and line, gigs and gill nets Average annual hook and line harvest increased from 113,000 pounds/year (1991-1999) to 309,000 pounds/year (2000-2007) Annual Recreational use of Commercial Gear License (RCGL) harvest less than hook and line harvest with big decline from 2002 to 2007

Environmental Factors Southern flounder use a wide range of coastal habitats which all serve critical functions throughout their life history The Coastal Habitat Protection Plan (CHPP) focuses on fish habitat and threats to habitat 26 recommendations in this FMP are specific to southern flounder

Issues Ten principal management issues in 3 main categories: Sustainable Harvest Conflict between Fisheries Bycatch of Undersized Southern Flounder and Protected Species The principal management issues in the FMP amendment are divided into 3 categories For each issue, I’ll go over the management options, research recommendations and management recommendations

Achieving Sustainable Harvest Establish harvest reductions that end overfishing in 2 years and rebuild the spawning stock biomass by 2015

Management Options Commercial Recreational Status quo (sea turtle lawsuit settlement) Static/dynamic quotas 15-inch size limit Overall season closure Gear season closures Trip limits 5.75-inch minimum mesh size for large mesh gill nets and pound net escape panels Status quo 15-inch size limit Season closure Reduce the 8 fish creel limit

Research Recommendations Investigate the feasibility of a quota as a management tool for the commercial southern flounder fishery Annual survey of the recreational gig fishery (underway)

AC and DMF Recommendations Commercial: Status quo (large mesh gill net management measures implemented by sea turtle lawsuit settlement), which results in an overall commercial harvest reduction of 22.2% Recreational: Increase the minimum size limit to 15 inches and decrease the creel limit to 6 fish, which results in an overall recreational harvest reduction of 20.2% The true impact the sea turtle lawsuit settlement has on flounder landings is yet to be seen There are different scenarios presented in the FMP where the actual commercial harvest reduction could be either more or less Due to this management uncertainty, the DMF and AC believed it is best to evaluate these management measures before implementing any other measures The recreational management measures result in a harvest reduction that is similar in magnitude to the commercial fishery Those measure would result in uniform size and creel limits in all joint and coastal fishing waters As with the commercial fishery, there are scenarios where the actual harvest reduction could be either more or less These management measures are projected to end overfishing in 2 years after the adoption of the FMP

Ocean Harvest of Southern Flounder The impact of the ocean harvest of older, larger, and predominantly female southern flounder to the stock

Management Options Status quo Management measures specifically for the ocean flounder fisheries that reduce adult harvest of southern flounder

Research Recommendations Further research on southern flounder remaining in ocean after spawning Determine exact spawning locations Further otolith microchemistry research Tagging study in ocean Update southern flounder maturity schedule Sample ocean spear fisheries

AC Recommendation DMF Recommendation Status quo—no additional commercial and recreational regulations specifically for ocean caught flounder DMF Recommendation Status quo and address the research recommendations

Large Mesh Gill Net -Related Conflicts User conflicts that occur between large mesh commercial gill net fishermen and recreational anglers and between large mesh gill net fishermen and other users

Management Options Status quo Maximum yardage limit reduction Limitations on how large mesh gill nets are set Daytime attendance Season closures Nursery area restrictions Mediation Area/coast-wide management measures There were no research recommendations for this issue

AC and DMF Recommendations Status quo—implement mediation and proclamation authority to address user conflicts associated with large mesh gill nets the sea turtle lawsuit settlement implemented management measures that should significantly alleviate some of the user conflicts identified in this issue

Minimum Distance between Pound Nets and Gill Nets in Currituck Sound Competition for space between pound nets and gill nets in Currituck Sound This issue is similar to the issue addressed in the 2005 FMP

Management Options Status quo (200-yard minimum distance) Implement 500-yard minimum distance in Currituck Sound from August 15 through December 31 The second option is identical to what was implemented by the 2005 FMP for Albemarle Sound

Research Recommendations Increased fish house sampling of the Currituck Sound flounder gill net and pound net fisheries Increased at-sea observer trips with gill netters and pound netters in Currituck Sound

AC Recommendation DMF Recommendation Implement a 500-yard minimum distance between gill nets and pound nets in Currituck Sound north of the Wright Memorial Bridge (US Highway 158) from August 15 through December 31 DMF Recommendation No recommendation There was not a great deal of data available to evaluate this issue and we did not receive any input or comments from Currituck Sound gill netters on this issue so the division thought it was best to not make a recommendation at this time as we await public comment

Explore the Elimination of the RCGL Determine if the elimination or phase-out of the RCGL is appropriate

Management Options Status quo Elimination of the RCGL Prohibit the use of gill nets by the RCGL Prohibit the use of shrimp trawls by the RCGL

Research Recommendations Reestablish a RCGL survey to obtain harvest and discard estimates Establish an at-sea observer program of the RCGL fishery

AC Recommendation DMF Recommendation Status quo regarding the RCGL license until there are data indicating a negative influence on southern flounder and support the NCDMF research recommendations as well as a survey of SCFL holders who are inactive to collect data on what SCFL holders are doing with their licenses DMF Recommendation Status quo and address research recommendations The Division later reviewed the information on fishermen who replaced their RCGL with a SCFL and found no increasing trend over time

Update on Southern Flounder Bycatch in the Crab Pot Fishery Update of information available on southern flounder bycatch in the crab pot fishery

Reduce Flounder Bycatch Minimize Ghost Pot Mortality Management Options Reduce Flounder Bycatch Minimize Ghost Pot Mortality Status quo Require flatfish escapement devices on crab pots Status quo Require degradable material in crab pots

Research Recommendations Formulate a bycatch estimate of southern flounder from crab pots Further research degradable materials to determine which works best in a given water body and how other parameters, such as microbial activities and light penetration impact degradation rates and performance of the crab pot Further research flatfish escapement devices that minimize undersized flounder bycatch and maximize the retention of marketable blue crabs The research recommendations for this issue were a bycatch estimate of southern flounder in crab pots, and further research on degradable materials for crab pots and flatfish escapement devices

AC and DMF Recommendations Status quo and expand research on flatfish escapement devices and degradable panels under commercial conditions to other parts of the state to evaluate existing and alternative designs, degradation rates, and estimate the retention rate of legal sized blue crabs and the cost to crab pot fishermen

Southern Flounder Discards in the Recreational Hook and Line Fishery Release mortality of southern flounder in the recreational hook and line fishery and its potential impact on the stock

Management Options Status quo Implement regulations on terminal tackle used to fish for southern flounder Implement a summertime season closure to the recreational southern flounder fishery

Research Recommendations Further research on factors that impact release mortality of southern flounder in the recreational hook and line fishery Research on deep hooking events of different hook types and sizes on southern flounder

AC and DMF Recommendations Status quo and expand research on factors impacting the release mortality of southern flounder and on deep hooking events of different hook types and sizes on southern flounder

Incidental Capture of Protected Species in Southern Flounder Large Mesh Gill Net and Pound Net Fisheries Management actions for NC’s commercial large mesh estuarine flounder gill net fishery and flounder pound net fishery addressing incidental capture of protected species

Management Options Status quo Request funding for state observer program Apply for Incidental Take Permit for large mesh gill net fisheries Continue gear development research to minimize protected species interactions

Research Recommendations Population dynamics research for all Atlantic Ocean protected species Continued gear research in the design of gill nets and pound nets to minimize protected species interactions Development of alternative gears to catch southern flounder

AC and DMF Recommendations Request funding for state observer program Apply for Incidental Take Permit for large mesh gill net fisheries Continue gear development research to minimize species interactions Both large and small mesh gill nets are included in the incidental take permit

Gear Requirements in the Flounder Pound Net Fishery Evaluation of the 5.5-inch stretched mesh escape panel under a 14-inch minimum size limit, and the increased amount of undersized southern flounder caught in the flounder pound net fishery

Management Options Status quo Implement 5.75-inch escape panels coast wide Require pound netters to fish their nets after a certain number of days

Research Recommendations Further research on the size distribution of southern flounder retained in pound nets with 5.75-inch and 6-inch escape panels Research on the species composition and size distribution of fish and crustaceans that escape pound nets through 5.75-inch and 6-inch escape panels Coast wide at-sea observations of the flounder pound net fishery Discard mortality estimates of southern flounder from pound nets Research recommendations include further research on 5.75 & 6” escape panels, coastwide at-sea observations of the flounder pound net fishery and southern flounder discard mortality estimates for the pound net fishery

AC Recommendation DMF Recommendation Status quo (5.5-inch escape panels coast wide) and recommend further research on 5.75-inch escape panels DMF Recommendation Status quo until further research is conducted to determine if rule changes are necessary There was only limited data available on 5.75” escape panels for southern flounder and there was no data on the escapement of other marketable species from this mesh size Although this data showed a reduction in southern flounder <14”, caught in pound nets both the AC and the division thought it was best that more research be done on larger escape panels before implementing new management measures

Gear Requirements in the Flounder Gill Net Fishery Evaluation of the 5.5-inch stretched mesh minimum mesh size for large mesh flounder gill nets under a 14-inch minimum size limit, and the effort in the large mesh gill net fishery

Mesh Size Management Options Status quo 5.75-inch minimum mesh size from April 15 to December 15 5.75-inch minimum mesh size from June 1 to December 15 The management options for this issue paper are separated into 3 sections: mesh size options maximum yardage limit options other large mesh gill net management options The June 1 to December 15 option was developed because southern flounder gill net mortality in the spring is very low and gill net effort from 5.5” gill nets is high This option would minimize the impact on the spring gill net fishery while still implementing management measures to reduce undersized southern flounder bycatch in the summer when gill net mortality is higher

Maximum Yardage Limit Management Options (Sea Turtle Lawsuit Settlement Agreement) 3,000 yards—Albemarle and Currituck sounds 2,000 yards—Croatan, Roanoke, Pamlico, Core, Back, and Bogue sounds; Pamlico, Pungo, Neuse, and Bay rivers 1,000 yards—Hwy. 58 Bridge at Emerald Isle to SC state line the maximum yardage limits implemented by this settlement agreement are 3,000 yards in Albemarle and Currituck sounds, 2,000 yards Croatan and Roanoke Sounds to Bogue Sound, including the Pamlico, Pungo, Bay and Neuse rivers, and 1,000 yards from the HWY 58 Bridge at Emerald Isle to the SC line

Maximum Yardage Limit Management Options 2,000 yards—Albemarle, Currituck, Croatan, Roanoke, and Pamlico sounds 1,000 yards—Pamlico, Pungo, Neuse, and Bay rivers and from Core Sound to SC state line

Maximum Yardage Limit Management Options 2,000 yards—Albemarle, Currituck, Croatan, Roanoke, Pamlico, Core, and Back sounds 1,000 yards—Pamlico, Pungo, Neuse, and Bay rivers and from Hwy 58 Bridge at Emerald Isle to SC state line

Other Large Mesh Gill Net Management Options Maximum Net Length No Daytime Sets Status quo (sea turtle lawsuit settlement agreement) Coast wide maximum large mesh gill net length of 100 yards Status quo (sea turtle lawsuit settlement agreement) Coast wide restriction on daytime sets of large mesh gill nets

Research Recommendations Continue at-sea observations of the large mesh gill net fishery, including acquiring biological data on harvest and discards Increase the number of large mesh gill net catches sampled in areas such as Albemarle Sound and the Newport River

AC and DMF Recommendations Status quo (maintain minimum mesh size of 5.5-inch stretched mesh for large mesh gill nets from April 15 to December 15 and large mesh gill net management measures implemented by the sea turtle lawsuit settlement agreement) The true impact Proclamation M-8-2010 on flounder landings is yet to be seen There are different scenarios presented in the FMP where the actual commercial harvest reduction could be either more or less Due to this management uncertainty, the DMF and AC believed it is best to evaluate these management measures before implementing any other measures