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North Carolina Fisheries Association Files Lawsuit Against Marine Fisheries Commission

April 2, 2018 — SEAFOOD NEWS — The North Carolina Fisheries Association filed a lawsuit against the Marine Fisheries Commission last week, claiming that the commission violated open meeting laws and lacks transparency and openness.

The lawsuit stems back to 2015 when state auditor Beth Wood found that several members of the commission violated open meeting laws. Wood found four separate email chains from 2015 where the legal counsel for the Marine Fisheries Commission stopped email communication to remind commission members about “open meeting laws.” The North Carolina Fisheries Association notified regulators and legislators about the findings in 2016, and claim that the violations have continued into 2018.

“Open meeting violations by the Marine Fisheries Commission have been an ongoing problem that is well known to many in state government including regulators and legislators,” said North Caroline Fisheries Association Executive Director Glenn Skinner. “While many complain about it, nothing has been done to stop it. Anyone that believes in an open and transparent process should applaud the action we’ve taken. It’s sad that we have to resort to such measures.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

NC Fisheries Association Files Lawsuit Against Marine Fisheries Commission for Lack of Openness and Transparency

March 29, 2018 — MOREHEAD CITY, NC — The following was released by the NC Fisheries Association:

NC Fisheries Association yesterday filed a lawsuit against the Marine Fisheries Commission for violating open meeting laws and an overall lack of transparency and openness.

In February 2016, North Carolina State Auditor, Beth Wood, issued findings in connection with an audit of the Division of Marine Fisheries. The audit findings included, “there have been open meetings laws violated by several members of the commission.” Also included in the auditor’s findings were, “four separate email chains dated January 14, 2015, September 8, 2015, July 20, 2015 and February 10, 2015 that occurred between Marine Fisheries Commission Members. In each instance, the Commission’s legal counsel, Philip Reynolds, stopped the email communication and reminded the commission members about open meeting laws.”

The North Carolina Fisheries Association notified regulators and legislators about the auditor’s findings in 2016. Although warned, NCFA alleges that the Marine Fisheries Commission continued violating the open meetings laws culminating with the most recent meeting in Wrightsville Beach, NC in February of 2018. The result was a 5-4 vote recommending the General Assembly change the criteria for commercial fishing licenses. The close vote came after overwhelming opposition to any changes and with all three commercial fishing commissioners voting against the measure.

“Open meeting violations by the Marine Fisheries Commission have been an ongoing problem that is well known to many in state government including regulators and legislators. While many complain about it, nothing has been done to stop it. Anyone that believes in an open and transparent process, should applaud the action we’ve taken. It’s sad that we have to resort to such measures,” said Glenn Skinner, NC Fisheries Association Executive Director.

NC Fisheries Association (NCFA) is a non-profit organization promoting sustainable fisheries Since 1952.

Commercial fishermen established the NCFA to serve fishing families by protecting their heritage and promoting seafood. To achieve this, NCFA actively lobbies local, state, and federal policymakers on behalf of the industry and engages in many outreach and education projects.

View the release in its entirety here.

Fishermen, environmentalists weigh potential impacts of offshore drilling

March 20, 2018 — BRUNSWICK COUNTY, N.C. — As Brunswick County commissioners discuss offshore drilling at their meeting Monday night, at least one group you may not expect is not opposed to bringing it to North Carolina.

The North Carolina Fisheries Association represents the state’s commercial fishermen. In response to Governor Roy Cooper fighting to stop drilling off our coast, the group recently decided to keep their options open about offshore energy exploration.

“There’s been some comments made by the governor, how detrimental it would be to the commercial fishermen and everything, but we burn a lot of diesel and gas, so we’re not closed to the idea of looking at it,” said Doug Todd, the NCFA’s board director of District Seven, which includes Onslow, Pender, New Hanover, and Brunswick Counties.

Todd understands the opposition’s opinion, but still wants the drilling explored.

“Always a chance of a spill or something occurring and I know they’re talking about fracturing, that type of situation, so I can see their point of view too,” Todd said. “We’re just taking the position, we’re leaving the door open.”

Brunswick Environmental Action Team’s Pete Key says offshore drilling is not worth the risk.

Read the full story at WWAY

Coast Guard to use air units in search for local fishing crew

May 25, 2017 — The search resumes Thursday for three men lost at sea when their fishing boat capsized as a result of a reported tornado.

Hobo Seafood, which owns the capsized boat, Miss Debbie, put out a notice Thursday morning saying the search Wednesday – which was Day 2 of searching – was unfruitful largely due to uncooperative weather.

“Weather has been too rough for divers to inspect the fishing vessel, but they are using other means for the search,” Hobo Seafood put out in a statement. The company is owned by Swan Quarter residents Lee and Madge Williams.

The names of the three men who were crewing the Miss Debbie have not been released; however, Jerry Schill, the director of government affairs at the North Carolina Fisheries Association, said two of the three men were locals from the Swan Quarter area.

Read the full story at WCTI

NORTH CAROLINA: Tale of two sides: Opponents, backers of shrimp trawling petition weigh in

February 23, 2017 — NEW BERN, N.C. — A fishing industry advocacy group said the proposed state regulations in a recently approved petition could sink shrimp trawling in North Carolina, but a recreational fishermen’s environmental nonprofit thinks shrimping will just need to change.

Representatives from the N.C. Fisheries Association, a nonprofit industry group that advocates for the state seafood industry, and the North Carolina branch of the Coastal Conservation Association, an interstate nonprofit dedicated to protecting the coastal environment, spoke Tuesday to a crowd of about 84 people at the regular meeting of the Coastal Carolina Taxpayer’s Association at the Stanly Hall Ballroom. The association invited them to provide their opinions on the petition for rulemaking approved Thursday by the N.C. Marine Fisheries Commission.

Jerry Schill, NCFA executive director, said the association thinks the proposed special secondary nursery areas are the biggest problem with the petition’s proposed rules.

“The people who created this petition, they don’t understand the history of the (shrimp trawl bycatch) issue,” he said. “The fishing industry created nursery areas in the 1970s. In the 1980s, the term ‘bycatch’ came up. Now we have turtle excluder devices in shrimp trawls and sea turtles have rebounded. Finfish bycatch is still an issue, but bycatch reduction devices are being used.”

Read the full story at the Carteret County News-Times

North Carolina Fisheries Association files legal complaint over southern flounder rule process

September 30, 2016 — For the second time in recent years, entities representing commercial fishermen have taken to the courts to fight fisheries regulations.

The North Carolina Fisheries Association, a New Bern-based trade association representing commercial fishermen, announced that commercial fishermen have joined with several coastal counties in filing a legal complaint against the state over the process used in adopting new regulations for the southern flounder fishery.

The North Carolina Marine Fisheries Commission adopted stricter management measures for the fishery in November as a supplement to the state’s Southern Flounder Management Plan.

While the practical effect of the lawsuit would stop the closure of recreational and commercial flounder fisheries to take effect this fall, the concern raised by the NCFA has been over the use of the supplement process rather than the amendment process, which is a longer, more-involved process that allows for greater public input.

“Filing a lawsuit is the last resort for us,” said Brent Fulcher, chairman of the NCFA board of directors, via a news release announcing the litigation. “We testified many times last year before the Marine Fisheries Commission that using the supplement is the wrong approach and should be managed by a full-blown amendment that allows full public participation. Our advice was totally ignored.”

In a June 2015 report by The Daily News, NCFA President Jerry Schill called the supplement process used “quick and dirty.”

Schill said at the time that the amendment process includes a review by a committee of various stakeholders who make recommendations to the MFC on a management strategy. The process can take a year or so but allows for more scrutiny.

Supporters of the new rules, many recreational fishermen, however, cited stock status reports and said the southern flounder fishery is depleted and action was needed.

It’s not the first time the NCFA has felt the need in recent years to take legal action over fishery regulations.

Read the full story from Jacksonville Daily News

NORTH CAROLINA: Counties Join Commercial Fishermen in Lawsuit

September 27, 2016 — The following was released by the North Carolina Fisheries Association:

Several coastal counties have joined with commercial fishermen in litigation against the State of North Carolina regarding last year’s decision by the Marine Fisheries Commission to adopt new regulations on the southern flounder fishery by using the “Supplement” process. Stevenson Weeks, an attorney with Wheatly, Wheatly, Weeks, Lupton & Massie of Beaufort and Todd Roessler attorney with Kilpatrick, Townsend & Stockton of Raleigh, are representing the plaintiffs. The complaint was filed today in Carteret County Superior Court.

The plaintiffs include the North Carolina Fisheries Association, Inc.; Carteret County Fisherman’s Association, Inc.; County of Carteret; County of Dare; County of Hyde.

Defendants served with the complaint are the Secretary of the Department of Environmental Quality, Director of the Division of Marine Fisheries and all members of the Marine Fisheries Commission.

The practical effect of the litigation is to stop the closure of the recreational and commercial southern flounder fisheries, scheduled to take effect this fall.

Brent Fulcher, Board Chairman of the North Carolina Fisheries Association, said “Filing a lawsuit is the last resort for us. We testified many times last year before the Marine Fisheries Commission that using the supplement is the wrong approach and should be managed by a full-blown amendment that allows full public participation. Our advice was totally ignored.”

“In my 29 years of involvement with these fisheries issues, this is only the second time that we filed litigation against the Division of Marine Fisheries”, said Jerry Schill, President of the Fisheries Association. “Fishermen must have confidence in the process for management to be successful, but with the Commission and the Division ignoring the law and even their own guidelines, we have no other option left.”

The 30-page complaint alleges the management measures made by the defendants were arbitrary and based on inadequate scientific data using an abbreviated regulatory process and did so in violation of the North Carolina Open Meetings Laws.

North Carolina Fisheries Association – Weekly Update for March 28, 2016

March 29, 2016 — The following was released by the North Carolina Fisheries Association:

CARTERET COUNTY FISHERMEN’S ASSOCIATION is meeting on Saturday, April 9th at 6:30pm in Marshallberg. The group will be planning their annual Fish Fry scheduled for May, among some other things.

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SKIMMER TRAWLS:

Last week we listed information about potential new regs for skimmer trawls. For those of you who use skimmer trawls, you will receive a mailing from us in the next couple of days about this issue.

PLEASE TAKE THE TIME TO READ IT!

After looking it over, contact us at the office or an NCFA Board member about your thoughts as we will be discussing the subject at our Board meeting next Monday in Washington. The list of Board members and their phone numbers is listed in the mailing. If you’d like to attend the Board meeting, feel free to do so and participate in the discussion. The meeting begins at noon at the Civic Center in Washington NC.

For more info, contact NCFA’s biologist, David Bush: (910) 777-1605, or by email.

NOAA Fisheries hosts public meetings in April to discuss potential skimmer trawl regulations in Southeast US:

NOAA Fisheries is considering new regulations in the shrimp fishery of the southeastern United States based on information indicating sea turtles are vulnerable to capture by skimmer trawls and tow times may not be as effective in reducing bycatch-related mortality as turtle excluder devices. The agency will host five public meetings around the region to discuss and receive input from fishermen and other constituents on alternatives to reduce sea turtle bycatch and mortality.

These public meetings are the first stage in a multi-step process required by the National Environmental Policy Act to ensure that Federal agencies evaluate the environmental impacts of major Federal actions. During these meetings, the public is provided with an opportunity to assist us in determining the scope of issues that require analysis. The analysis of issues and the environmental impacts of the proposed actions will be presented in a draft Environmental Impact Statement, which will be made available for public comment. The notice of intent to prepare the draft statement will be published in the Federal Register on March 15, 2016.

Additionally, we prepared a scoping document and a list of frequently asked questions as aids to the public on the upcoming scoping process. These documents are available on the NOAA Fisheries website at: http://sero.nmfs.noaa.gov/protected_resources/index.html. The scoping document describes the major issues, current management and legal requirements, and identifies potential management measures to reduce interactions, and in particular, lethal interactions, between sea turtles and trawl fisheries.

There are several meetings being held but the North Carolina meeting is:

Morehead City, NC — April 13, 2016, 2 p.m. – 4 p.m., Crystal Coast Civic Center.

Scoping comments may also be submitted during a concurrent 45-day comment period. When they publish the draft EIS, it will also have a 45-day public comment period.

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FROM THE DIVISION OF MARINE FISHERIES:

State seeking public comment on management options required to improve blue crab stock

The N.C. Division of Marine Fisheries is accepting public comment on management options for the blue crab fishery. The management measures are required under Amendment 2 to the N.C. Blue Crab Fishery Management Plan to improve the condition of the state’s blue crab stock.

Division staff will discuss the possible management measures and receive public comment at the following upcoming advisory committee meetings:

Southern Regional Advisory Committee

April 6, 5:30 p.m.

DMF Central District Office; Morehead City

Northern Regional Advisory Committee

April 7, 5:30 p.m.

DEQ Washington Regional Office; 943 Washington Square Mall, Washington

Shellfish/Crustacean Advisory Committee

April 14. 6 p.m.

DMF Central District Office; Morehead City

Additionally, comments can be directed by phone to division biologists Jason Rock at 252-948-3874 or Corrin Flora at 252-264-3911, or by email to Jason.Rock@ncdenr.gov or Corrin.Flora@ncdenr.gov.

The N.C. Marine Fisheries Commission is scheduled to consider management action at its May meeting. Possible management options include:

* Increasing the minimum size limit for male and immature female crabs

* Establishing a seasonal size limit on peeler crabs

* Reducing the tolerance of sub-legal size blue crabs to a minimum of 5 percent and/or implementing gear modifications to reduce sublegal catch

* Eliminating the harvest of v-apron immature hard crab females

* Restricting the harvest of sponge crabs

* Prohibiting all harvest of sponge crabs and/or requiring sponge crab excluders in pots in specific areas

* Closing the crab spawning sanctuaries from Sept. 1 to Feb. 28 and possibly imposing further restriction

* Expanding existing and/or designating new crab spawning sanctuaries

* Closing the fishery by season and/or gear

* Gear modifications in the crab trawl fishery

Management measures will be implemented by proclamation following the commission’s May meeting.

Management action is required under Amendment 2 to the N.C. Blue Crab Fishery Management Plan, adopted by the N.C. Marine Fisheries Commission in November 2013. Amendment 2 uses an adaptive management framework based on the condition of the Blue Crab Traffic Light, which requires annual evaluation of three indicators to determine if any change in management is warranted. The indicators are adult abundance, the abundance of juvenile crabs in the stock (recruit abundance), and production (which evaluates the reproductive potential or resilience of the stock).

The annual evaluation has been completed, and management thresholds have been exceeded, requiring management action.

For more information, go to http://portal.ncdenr.org/web/mf/home under “Hot Topics.”

SOUTHERN FLOUNDER:

Thanks to those of you who have contributed to our Southern Flounder Fund. Those funds will be used exclusively for issues related to southern flounder, either legally or other avenues to address the situation.

If you have not yet contributed, please do so ASAP!

Send your donations to:

NCFA

2807 Neuse Blvd; Suite 11

New Bern, NC 28562

Please make your check out to NCFA/Southern Flounder Fund or to the NC Fisheries Association and be sure to put Southern Flounder Fund in the memo.

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CALENDAR

Apr 4; Noon; NCFA Board meeting; Civic Center; Washington NC

Apr 6; 5:30pm; MFC Southern Advisory Cmte; DMF office; Morehead City

Apr 7; 5:30pm; MFC Northern Advisory Cmte; DEQ office; Washington

Apr 9; 6:30pm; Carteret County Fishermen’s Association; Marshallberg

Apr 11; 6:00pm; Oyster/Hard Clam Advisors; DMF office; Morehead City

Apr 12-14; MAFMC meeting in Montauk, NY

Apr 13; 2:00-4:00pm; Skimmer Trawl meeting; Civic Center; Morehead City

Apr 13; 5:30pm; Finfish Advisors; DEQ office; Washington

Apr 14; 6:00pm; Shellfish/Crustacean Advisors; DMF office; Morehead City

Apr 25; North Carolina General Assembly convenes for the Short Session

May 2-5; ASMFC Spring Meeting; Westin; Alexandria, VA

May 18-20; MFC meeting; Civic Center; Morehead City

View a PDF of the Weekly Update

North Carolina Fisheries Association Weekly Update for March 14, 2016

March 15, 2016 — The following was released by the North Carolina Fisheries Association:

KENDALYN ROSE LEWIS:

As noted in a separate message yesterday, Capt. Kenny Lewis and his wife Lynda, lost their daughter, Kendalyn Rose, earlier this week. Words cannot begin to express our sadness and disbelief at the loss of a vibrant young lady who was known and loved by so many. Please keep the family in your thoughts and prayers. Visitation will be on Wednesday, March 16th, from 6:00 till 8:00pm at the Munden Funeral Home in Morehead City. The funeral service will be on Thursday, March 17th, at 2:00pm at the funeral home.

May her soul and the souls of all of the faithful departed, rest in peace.

BLUELINE TILEFISH:

Below is part of an article that is on the NC Coastal Federation website about commercial fishermen donating to a local food pantry. Dewey Hemilright, an NCFA Board member, is one of those fishermen.

You can see the entire Coastal Federation article here: http://www.nccoast.org/2016/03/paying-it-forward-in-blueline-tilefish/

Here are some excerpts from the article:

Blueline tilefish are commercially harvested off the N.C. coast, provide lean, white meat and delicately flavor.

Several commercial fishermen from the Outer Banks have been paying it forward this winter with donations of fish to a local food pantry. Buddy Coppersmith (F/V Emily Shay), Jimmy Taylor (F/V Windy Gale), and Dewey Hemilright (F/V Tar Baby), have been commercial fishermen for most of their lives. Recently, they’ve been working under a cooperative research grant collecting data that will improve future stock assessments for blueline tilefish.

Hemilright, an avid community outreach volunteer with the Coastal Federation’s office in Manteo is well-known for leading education lessons for students and adults and was recognized for his outstanding contributions to the Coastal Federation’s northeast education program with a Pelican Award in 2015.

While participating in the cooperative research project to gather fisheries- independent data on blueline tilefish and snowy grouper, the fishermen were sent out to fish and collect samples. Since the fishermen were receiving payment through the cooperative research grant, they could not sell their catch. Nor did they want to see it go to waste, and so sought out other options for it.

HEARINGS FOR BLUELINE TILEFISH:

And speaking of blueline tilefish, there are some hearings coming up about it. From the Mid Atlantic Council:

The Mid-Atlantic Fishery Management Council is soliciting public input on a draft amendment to address management and conservation of blueline tilefish in the Mid-Atlantic. Four public hearings will be held between March 21 and March 29, 2016. Written comments will be accepted until Wednesday, March 30, 2016.

The draft amendment considers adding blueline tilefish (Caulolatilus microps) as a managed species in the Golden Tilefish Fishery Management Plan, effectively turning that plan into the Golden and Blueline Tilefish Fishery Management Plan. The management measures proposed in the amendment are needed to constrain fishing mortality on the blueline tilefish stock and effectively manage the blueline tilefish fishery in waters off the Mid-Atlantic and New England coasts.

Additional information and documents, including a public hearing document (to be posted by March 14), may be obtained from http://www.mafmc.org/actions/blueline-tilefish.

Members of the public are invited to comment on any aspect of the draft amendment. Following a review of comments received, the Council will choose preferred management measures and submit the Amendment to the Secretary of Commerce for approval and publication of proposed and final rules, both of which have additional comment periods.

For more information, contact Jason Didden at (302) 526-5254 or jdidden@mafmc.org.

Hearings for our area are listed below in the Calendar section.

SOUTHERN FLOUNDER:

If you have not yet contributed, please do so ASAP!

Send your donations to:

NCFA 2807 Neuse Blvd; Suite 11

New Bern, NC 28562

Please make your check out to NCFA/Southern Flounder Fund or to the NC Fisheries Association and be sure to put Southern Flounder Fund in the memo.

God bless, Jerry

CALENDAR

Mar 17; 4:00pm; MFC Sea Turtle Advisors; DEQ office; Washington, NC

Mar 21; 6:00pm; Blueline tilefish; Dare County Admin Bldg; Manteo

Mar 22; 7:00pm; Blueline tilefish; Hilton Oceanfront; Virginia Beach

Apr 4; Noon; NCFA Board meeting; Civic Center; Washington NC

Apr 6; 5:30pm; MFC Southern Advisory Cmte; DMF office; Morehead City

Apr 7; 5:30pm; MFC Northern Advisory Cmte; DEQ office; Washington

Apr 11; 6:00pm; Oyster/Hard Clam Advisors; DMF office; Morehead City

Apr 12-14; MAFMC meeting in Montauk, NY

Apr 14; 6:00pm; Shellfish/Crustacean Advisors; DMF office; Morehead City

Apr 25; North Carolina General Assembly convenes for the Short Session

May 2-5; ASMFC Spring Meeting; Westin; Alexandria, VA

May 18-20; MFC meeting; Civic Center; Morehead City

View a PDF of the Weekly Update

North Carolina Fisheries Association Releases Weekly Update for March 7, 2016

March 7, 2016 — The following was released by the North Carolina Fisheries Association:

INFO NEEDED!

Thanks to the efforts of Aundrea O’Neal at Beaufort Inlet Seafood, NCFA now has the information needed to plug into our database for vital information for those fishermen who pack at that facility. Our biologist, David Bush, needs that information to quantify how regulations may impact fishermen. For example, our new database will include the fishermen’s name, address, phone, email if any, gear type used, areas fished and targeted species.

Whether it’s to assess potential regulations or to fight what we perceive as overzealous regulations by state and/or federal regulators, we need this data to make it easier for David to compile it.

We appeal to you to make this information available, so if you need more information, please contact Aundrea at Beaufort Inlet Seafood and she’ll tell you how it’s done. Her contact info is: Beaufort Inlet Seafood: (252) 504-2036 Cell: (252) 503-8302

MONKFISH & REGULATIONS:

Monkfish, or the “poor man’s lobster” is really good! For those that appreciate monkfish but can’t find it at your favorite fish market, consider this:

Last week I was in Dare County and one of the meetings I attended was the monkfish meeting on Thursday evening at the DMF office in Manteo. There were a total of 4 at the meeting: 3 DMF employees and me. One might wonder why fishermen aren’t taking the time to attend an information meeting about monkfish. Consider this: by law, they can only fish for about 4 weeks in March/April. They can only fish between 2 & 3 miles in the ocean. It’s illegal to fish for monkfish in federal waters, which begins at the 3 mile mark. They can only fish if the water temps are under 52 degrees.

Rationale? Not so much for monkfish, but “other issues”, such as sea turtles. If the temps are above 52 degrees, there is a better possibility of interaction with sea turtles, so the fishery closes. Inside of 2 miles there is a possibility of interaction with marine mammals.

Point being this: with the restrictions outlined above, there is not much of an incentive for a fishermen to target monkfish. As a result, the landings will be minimal in North Carolina, not because there aren’t any monkfish, but because there is not an adequate economic incentive to fish for them. Those who are always proclaiming that the sky is falling will then cite the declining landings and allege that commercial fishermen are catching them all! It’s a vicious cycle that is not unique to monkfish!

Meanwhile, a rash of letters to the editor recently allege that commercial fishermen in North Carolina have few regulations!

SOUTHERN FLOUNDER:

If you have not yet contributed, please do so ASAP!

Send your donations to:

NCFA

2807 Neuse Blvd; Suite 11

New Bern, NC 28562

Please make your check out to NCFA/Southern Flounder Fund or to the NC Fisheries Association and be sure to put Southern Flounder Fund in the memo.

God bless, Jerry

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CALENDAR

Mar 7-11 SAFMC meeting in Jekyll Island, GA

Mar 17; 4:00pm; MFC Sea Turtle Advisors; DEQ office; Washington, NC

Apr 12-14; MAFMC meeting in Montauk, NY

View a PDF of the weekly update