North Carolina General Assembly Archives

NORTH CAROLINA: Fisheries division criticized for avoiding recommendations to regulators

November 12, 2015 — The following was released by the North Carolina Fisheries Association:

The North Carolina Marine Fisheries Commission is a nine-member regulatory body that was created by the North Carolina General Assembly to regulate fishing activity and conserve the marine and estuarine fishery resources in state waters. The General Assembly has stated in law that the Commission has the duty to provide fair regulation of fishing groups in the interest of the public. The Division of Marine Fisheries is the state agency that is charged to offer scientific support to the Commission and carry out the regulations adopted by the Commission.

Currently, the issue of most concern of the Commission and the Division is that of southern flounder. Since February, the Commission has been debating various proposals to reduce the catch of southern flounder, which is our state’s most important finfish fishery for commercial fishermen. The total economic impact of this fishery averages $17 million per year to North Carolina, just for those fish caught commercially.

Remarkably, since the Commission started the process of debating the issue of southern flounder management over 9 months ago, the Division of Marine Fisheries has not offered any recommended actions to reduce the catch of southern flounder. Currently, only one of the nine Commission members has a scientific background in fisheries, and even that experience is not based on saltwater fisheries. Yet, the Division, who has the expertise on staff that could assist the Commissioners, has not made any formal recommendations on the options being considered by the Commission or offered any options of their own.

“We wonder why the Division exists, if not to offer assistance and make recommendations to the members of the Marine Fisheries Commission in carrying out their conservation responsibilities”, said Brent Fulcher, Chairman of the Board of the North Carolina Fisheries Association, (NCFA).

The MFC has put six options on the table for consideration under a fishery management plan “supplement”, and the issue will be decided at its meeting next week in Nags Head.

“In the 28 years I’ve been involved with this process, I cannot remember a time when the Commission has faced such a contentious and important issue such as this one, where the Division was silent in assisting the Commission with recommended actions from a scientific perspective”, said the President of NCFA, Jerry Schill. “This decision, which will have a huge effect on many commercial fishing families and many coastal communities, is on a track for a decision to be devoid of any science and based totally on politics. That is a sad day in fisheries management for our state. Our fishermen and consumers deserve better.”

The North Carolina Fisheries Association urges the Director of Marine Fisheries, Dr. Louis Daniel, to offer recommendations based upon science to the Marine Fisheries Commission, prior to its deliberations next week.

Schill concluded, “The angst over this measure was made much more contentious when the Commission adopted the draconian net ban language, which is clearly outside the scope of the supplement process. Add the Division’s failure to offer recommendations based upon science, and you have a recipe for a very combative atmosphere.”

The North Carolina Fisheries Association is a non-profit trade association representing the interests of North Carolina’s commercial fishing families.

NORTH CAROLINA: MFC to take action on southern flounder supplement

November 11, 2015 — NAGS HEAD, N.C. — State fishery managers are scheduled to take action on a controversial southern flounder management supplement next week.

The N.C. Marine Fisheries Commission, the state’s marine fisheries rulemaking body, will hold its regular meeting Wednesday through Friday, Nov. 18-20, at Jennette’s Pier. According to a release from the N.C. Division of Marine Fisheries, the state agency that enforces marine fisheries rules and conducts fisheries research, the MFC is scheduled to select and approve management measures for supplement A to the southern flounder fishery management plan (FMP) Amendment 1.

The proposed supplement, and the MFC’s use of the supplement process, has drawn both support and opposition. A recent release from the N.C. Fisheries Association, a nonprofit supporting the seafood industry, criticizes the proposed supplement.

The current supplement draft includes management options to reduce southern flounder catch (both harvested flounder and dead discards) by 25-60 percent. The supplement has six management options, which include measures such as trip limits, size limits, closures and prohibiting large mesh gill nets from internal state waters.

These proposals, particularly the net ban, have been part of the reason for debate among fisheries managers, fishermen, environmentalists and legislators.

According to the NCFA release, the General Assembly has stated in law that the MFC has the duty to provide fair regulation of fishing groups in the interest of the public.

The association said the DMF is the state agency that is charged to offer scientific support to the commission and carry out the regulations adopted by the commission. The total economic impact of the southern flounder fishery averages $17 million per year to North Carolina, just for those fish caught commercially.

According to the NCFA, since the commission started the process of debating the issue of southern flounder management over nine months ago, the DMF has not offered any recommended actions to reduce the catch of southern flounder.

“Currently, only one of the nine MFC members has a scientific background in fisheries, and even that experience is not based on saltwater fisheries,” the association said. “Yet, the DMF, who has the expertise on staff that could assist the commissioners, has not made any formal recommendations on the options being considered by the commission or offered any options of their own.”

Brent Fulcher, NCFA chairman and owner of Beaufort Inlet Seafood, said the association wonders “why the division exists, if not to offer assistance and make recommendations to the members of the Marine Fisheries Commission in carrying out their conservation responsibilities.”

Read the full story at Carteret County News-Times

NORTH CAROLINA: Weekly Update for Oct. 19, 2015

October 19, 2015 — The following was released by the North Carolina Fisheries Association:

DIVISION OF MARINE FISHERIES BEGINS MANAGING INCIDENTAL TAKE PERMITTED SPECIES AS A QUOTA

Going forward, proclamations issued to close management areas in accordance with incidental take permit requirements will be effective immediately as in other species managed under a quota.

LEGISLATIVE UPDATE

As everyone knows, the North Carolina “long session” of the General Assembly is now history, and the legislators are finished until 2016. The “short session” begins at the end of April next year. We did OK at the state level with the revocation of Joint Enforcement Authority or JEA, between the state’s Division of Marine Fisheries and the National Marine Fisheries Service. There were other victories as well, but mainly in keeping bad things from happening. That took a tremendous amount of effort on our part in being vigilant at the Raleigh level. However, we did so at the expense of some of the federal issues.

Two weeks ago I had appointments in Washington, D.C. with some of our Congressional folks including legislators and staffs. At one of our meetings in Senator Tillis’s office, there were 3 employees of NMFS and staff members for Senator Burr, Senator Tillis and Congressman Walter B. Jones. The primary topics were Highly Migratory Species and Endangered Species Act issues, with the goal being bringing the staffers up to date on the issues from our perspective. That dialogue will continue.

I’m returning to Washington tomorrow for a Wednesday meeting with our congressional folks about the H2B labor issue affecting our blue crab processors.

We have a very important Board of Directors meeting coming up next Tuesday, the 27th, to prepare for the upcoming Marine Fisheries Commission meeting in November. Please note that NCFA’s Board meetings are open to all commercial fishermen, whether you’re on the Board or not. If you have any concerns that you would like brought to the Board’s attention, contact any of the staff or Board members. We’re not mind readers!

God bless,

Jerry

MAFMC VOTES TO REDUCE SPINY DOGFISH QUOTA IN 2016

At last week’s meeting in Philadelphia, the Mid-Atlantic Fishery Management Council recommended a substantial cut in the spiny dogfish commercial quota for next year. Following a review of the most recent scientific information, public comments, and advice from the Scientific and Statistical Committee (SSC) and Spiny Dogfish Advisory Panel, the council voted to set the 2016 commercial quota at 25.3 million pounds, a 50% reduction from the 2015 quota of 50.6 million pounds. If approved by the National Marine Fisheries Service, the new measure will go into effect May 1, 2016.

The council’s decision was driven by the recent spiny dogfish stock assessment update, which estimated the stock’s biomass to be at 87% of the rebuilt target in 2015. Although the stock was found to be neither overfished nor subject to overfishing, the new estimate of stock biomass was a marked decrease from the 2013 update, which indicated that the stock’s biomass was at 135% of the target. For more information see the news release.

INDIVIDUAL BLUEFIN QUOTA AND PELAGIC LONGLINE OBSERVER REQUIREMENTS REMINDERS

NOAA Fisheries has released a document to highlight important aspects of the IBQ program and Electronic Monitoring requirements. This information may be of interest to people participating in these programs and can be found here.

NOAA Fisheries is also announcing increased mandatory observer coverage for pelagic longline vessels in the Mid-Atlantic Bight, including the Cape Hatteras Gear Restricted Area, from December 1, 2015 through April 30, 2016. If you are making a trip using pelagic longline gear in the Mid-Atlantic Bight (including the Cape Hatteras Gear Restricted Area) from December 1, 2015, through April 30, 2016, you must contact the Pelagic Observer Program at the NOAA Fisheries Southeast Fisheries Science Center Miami Laboratory in writing (mail or e-mail) at least five business days prior to your departure, and provide information, as described in this document. More information on this can be found here.

NCFA BOARD OF DIRECTORS RESCHEDULED

The NCFA board meeting scheduled for today was canceled due to inclement weather. It has been rescheduled for Oct. 27 at 2 p.m. at the Washington Civic Center located at 110 Gladden St. in Washington. As a reminder, members are welcomed and encouraged to attend, however, the board will be discussing the southern flounder management crisis at this meeting, and so we strongly urge all the fishery’s participants who are able to attend. We need your input on this critical issue.

REGULATION AND RULE CHANGES:

–South Atlantic commercial gag daily trip limit decreased to 500 pounds effective Oct. 18

–Commercial Scup Winter II quota and possession limits increase effective Nov. 1

DEADLINES:

Oct. 19 – For-Hire Advisory Group Applications

Oct. 29 – NMFS Proposed Rules for Snapper-Grouper, Dolphin and Golden Crab Comments

Nov. 4 – Atlantic HMS SEDAR Pool Nominations

Nov. 9 – NMFS Proposed Rule on ICCAT Bluefin Electronic Documentation Comments

Nov. 19 – Derelict Fishing Gear Recovery Project Applications

Dec. 16 – NMFS Draft Ecosystem-based Fishery Management Policy Comments

MEETINGS:

If you are aware of ANY meetings that should be of interest to commercial fishing that is not on this list, please contact us so we can include it here.

Oct. 20-22 – SAFMC Science and Statistical Committee Webinar

Oct. 21 at 10:30 a.m. – Standard Commercial Fishing License Eligibility Board Meeting, Department of Environmental Quality Regional Office, 127 N. Cardinal Dr. Ext., Wilmington, NC

Oct. 22 at 2 p.m. – Summer Flounder, Scup, Black Sea Bass Advisory Panel Meeting via webinar

Oct. 23 at 3 p.m. – Marine Fisheries Commission Nominating Committee Meeting, Division of Marine Fisheries Headquarters, 3441 Arendell St., Morehead City

Oct. 27 at 2 p.m. – NCFA Board of Directors Meeting, Washington Civic Center, 110 Gladden St., Washington, NC

PROCLAMATIONS:

SNAPPER-GROUPER COMPLEX – COMMERCIAL PURPOSES (GAG GROUPER)

RULE SUSPENSION – GILL NET RESTRICTIONS: INTERNAL COASTAL WATERS – CLOSING MANAGEMENT UNIT B EXCEPT SUBUNIT MGNRA

GILL NETS – ALBEMARLE SOUND AREA – MANAGEMENT UNIT A – CLOSING

View a PDF of the Weekly Update

Battle brewing over flounder limits based on disputed study

August 27, 2015 — Yet another clash between commercial and recreational fishing interests is coming to a showdown, this time over southern flounder and it now involves the North Carolina General Assembly.

On Aug. 20, 13 legislators, led by Sen. Bill Cook, R-Beaufort, sent a letter to Division of Environmental and Natural Resources Secretary Donald van der Vaart asking him to rescind the authority he gave to the North Carolina Marine Fisheries Commission to “vote on stock-reduction policies that would have grave economic consequences to commercial fishermen statewide.”

The battle over harvesting southern flounder has been percolating for the past few years. Certain recreational fishing interest groups, particularly the Coastal Conservation Association, have called for a massive reduction in catches of the fish, including a complete ban on commercial harvesting.

Things heated up even more when a DMF-commissioned stock assessment of southern flounder released in January was rejected by a peer-review panel consisting of Dr. Steve Midway of Coastal Carolina University, Erik Williams of the National Marine Fisheries Service and Genny Nesslage of the Atlantic States Marine Fisheries Commission — the latter two federal or federally chartered entities.

Read the full story at the Outer Banks Voice