Saving Seafood

North Carolina: Open meetings suit filed against Marine Fisheries Commission

April 3, 2018 — An advocacy group for the commercial fishing industry has filed a lawsuit against members of the N.C. Marine Fisheries Commission claiming they violated state open meeting laws and showed a lack of transparency and openness.

According to a press release from the N.C. Fisheries Association, State Auditor Beth Wood in February 2016 issued findings in connection with an audit of the Division of Marine Fisheries.

The group quoted the audit’s findings, saying “there have been open meetings laws violated by several members of the commission.”

“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,” the auditor’s office stated. “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, the association alleged the Marine Fisheries Commission continued violating the open meetings laws, culminating with the most recent meeting in Wrightsville Beach, in February 2018.

At that meeting, the commission voted 5-4 to recmmend that the General Assembly change the criteria for commercial fishing licenses, after overwhelming opposition by commercial fishermen, local governments and the public to any changes.

All of the commissioners representing the commercial industry voted against the measure.

Read the full story at the Outer Banks Voice

 

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.

 

NORTH CAROLINA: Update on Southern Flounder Lawsuit Hearing

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

Judge issues a temporary restraining order on southern flounder.

Order only affects future regulations, not size limit or escape panels or minimum mesh size

A hearing was held this morning in the Superior Court courtroom at the Carteret County Courthouse regarding our lawsuit on Southern Flounder. Scheduled for 10:00, the Judge started the hearing 30 minutes early and it ended about 10:15.

Our attorneys were both present with Steve Weeks speaking on our behalf, and Philip Reynolds speaking for the State.

Although Mr. Reynolds made arguments against us getting a Temporary Restraining Order, or TRO, the Judge issued the order on our behalf until the next hearing, which has not yet been scheduled but will probably be the week of October 10th. (Note that I said probably, just don’t know yet.)

What does this mean to you as a fisherman?

The rules adopted in January of this year REMAIN IN PLACE. However, no future rules scheduled to take effect will not, pending the results of the next hearing, which will be to determine a Permanent Injunction. At that time, everything the MFC adopted through the Supplement of the Southern Flounder FMP will be on the table.

In other words, the 15 inch minimum size limit remains in place as does the escape panels and minimum mesh size that were adopted in January.

The recreational and commercial closures and quota on pound nets is put on hold.

We’ll let you know asap when we hear about the next court date, but it will be very important for fishermen to be in attendance!