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It’s time for collaborative management of North Carolina fisheries

March 27, 2025 — After two weeks of fisheries meetings and numerous comments from stakeholders, it’s clear that our current system of fisheries management leaves much to be desired.

Since the General Assembly passed legislation in 2010 requiring overfishing to be ended in two years, or less, and sustainable harvest to be achieved within 10 years (with management that has at least a 50% probability of success), we have seen nothing but declining harvest limits across every fishery.

This law – pushed by the Coastal Conservation Association (CCA) and then DMF Director Louis Daniel – has made North Carolina the most restrictive state in the Nation when it comes to fisheries management.

Even California has less restrictive mandates!

The Division of Marine Fisheries routinely cites this law as the reason for severe regulatory decisions, pointing to the “statutory requirements” to justify harsh harvest reductions. And they’re right!

When common sense measures other than direct harvest reductions are suggested, again they point to these statutes, which require “quantifiable” reductions, saying only a direct harvest reduction can be quantified.

But the greater truth is this: Our coastal communities are paying the price.

One of the statute’s key requirements is that Fishery Management Plans (FMPs) be developed and reviewed every five years. Yet DMF often lacks the data needed to conduct the stock assessments that inform these plans.

Read the full article at the Island Free Press

Prominent recreational fishing writer calls out sport fishing groups for their obsession with sustainable menhaden fisheries

November 13, 2023 – Charles Witek, a fisheries consultant, recreational fisherman, and writer of the “One Angler’s Voyage” blog, has recently called out sportfishing groups like the Coastal Conservation Association and Theodore Roosevelt Conservation Partnership for their “aggressive effort to place new restrictions” on commercial menhaden fisheries at the expense of needed management measures for recreational species.

In an October 8 post focused on the Gulf of Mexico, “Menhaden advocacy: A low-cost cause for recreational fishing organizations,” Mr. Witek called menhaden “the perfect cause for such organizations to take up, as it allows them to assume the mantle of conservationists, while arguing for regulations that will only impact the commercial fleet and will not place any additional burden on the recreational fishery.”

Menhaden fishermen at work

But as Mr. Witek pointed out, the Gulf menhaden population is “in good shape.” The most recent benchmark stock assessment completed by the Gulf States Marine Fisheries Commission in 2018 found that menhaden were neither overfished nor experiencing overfishing. The following year, the fishery was certified sustainable by the Marine Stewardship Council. An updated stock assessment conducted in 2021 showed the stock remains healthy. Meanwhile, other species in the Gulf — including speckled trout targeted by the recreational sector — are not so healthy.

“Given the overfished state of the speckled trout stock one might logically expect Coastal Conservation Association Louisiana, which was such a strong advocate of additional regulations to protect the undoubtedly healthy Gulf menhaden stock, to demand that Louisiana take immediate, meaningful action to rebuild the speckled trout population,” Mr. Witek wrote. “However, just the opposite occurred.”

“When recreational fishing groups begin to focus most of their conservation efforts on menhaden stocks, which are generally healthy, and ignore — or worse, oppose — needed management measures for marine finfish that are often sought by anglers, such groups’ commitment to conservation might well be questioned,” he wrote.

In an October 26 post, “Conserving striped bass: Don’t be misled by menhaden,” Mr. Witek noted a similar dynamic playing out on the Atlantic coast, but replacing speckled trout with striped bass.

“Let’s get two things straight from the start: Striped bass are having some serious problems, while Atlantic menhaden are doing just fine,” Mr. Witek wrote.

The latest striped bass stock assessment by the Atlantic States Marine Fisheries Commission shows the stock is overfished; Maryland has experienced spawning failure for the past five years; Virginia has experienced spawning failure for the past three years. Meanwhile, Atlantic menhaden are neither overfished nor experiencing overfishing; the fishery is certified sustainable by the Marine Stewardship Council; and managers have adopted ecological reference points, making it the first East Coast fishery to account for not just the health of the individual species, but also its role in the ecosystem.

“It’s completely clear, from a scientific perspective, that the current lack of striped bass has absolutely nothing to do with a lack of menhaden,” Mr. Witek wrote.

That hasn’t stopped recreational anglers like Phil Zalesak, president of the Southern Maryland Recreational Fishing Organization, from blaming the commercial menhaden fishery for the problems in the recreational sector. This can have negative impacts for striped bass conservation, according to Mr. Witek.

“Where Mr. Zalesak’s comments [at a recent ASMFC meeting] really went astray was when he noted that Maryland’s striped bass harvest had decreased by 72 percent since 2016, then alleged that such decrease was due to a lack of menhaden, and not overfishing,” Mr. Witek wrote. “That comment, more than any other that he made, exposed the danger of focusing on menhaden, rather than on striped bass biology, for if managers took that allegation at face value, it would mean that to rebuild the striped bass stock, their first concern should be rebuilding the menhaden stock, and not addressing striped bass fishing mortality. Such course could only lead to more problems for the bass population.”

It is important for fishery managers to stay focused on real conservation measures needed to rebuild the striped bass population and not get distracted by “unsupported allegations of a menhaden shortage,” Mr. Witek wrote.

“For make no mistake: There are people who are all too willing to stall the striped bass’ recovery, and to put the bass’ future in peril, in order to increase their short-term gains from the fishery.”

The ASMFC’s Atlantic Striped Bass Management Board “must hear our desire to reduce striped bass fishing mortality…It must hear of our concerns with spawning failure in the Chesapeake Bay…But the Board shouldn’t have to hear about menhaden at all,” Mr. Witek concluded.

Mr. Witek is an attorney who has held a seat on the Mid-Atlantic Fishery Management Council, served as president of the New York State Outdoor Writers’ Association, and represents New York on various fishery management bodies.

N.C. Court of Appeals hears arguments from OAG, CCA-NC

May 10, 2022 — A decision from three N.C. Court of Appeals judges will determine whether a civil suit between the Coastal Conservation Association’s North Carolina branch and state fisheries managers is going forward or is dead in the water.

Appellate Court Judges Hunter Murphy, Tobias Hampson and April Wood received arguments April 26 from attorneys for CCA-NC and from the N.C. Office of the Attorney General. The OAG is appealing a Wade County Superior Court decision to deny a motion to dismiss the civil suit against state fisheries managers. The appellate judges with announce their decision at a date to be determined.

Read the full story at the Carteret County News-Times

NORTH CAROLINA: Judge allows fisheries management lawsuit to proceed

September 8, 2021 — A Raleigh judge says a lawsuit filed by dozens of North Carolina residents and a recreational fishing advocacy group against state regulators can move forward.

The Coastal Conservation Association of North Carolina, along with 86 other plaintiffs, filed the suit against the state in November over what they call “abject failure” to “properly manage” coastal resources.

“The complaint details how the State has for decades tolerated overfishing of flounder and other species of coastal fish that are valued by the fishing public,” the advocacy group said last week in a release.

Read the full story at CoastalReview.org

 

South Carolina taking steps to protect flounder population

June 21, 2021 — South Carolina has joined a number of states in an effort to protect and improve flounder populations.

Gov. Henry McMaster signed bill H.3957 on June 15 that would change size and creel limits on flounder harvested in South Carolina waters. The bill also increases the cost of saltwater fishing licenses for residents and non-residents with the extra money used for the development and implementation of a flounder stocking program.

“This is something we’ve really needed and we appreciate the legislature for stepping up with these changes,” said Scott Whitaker, executive director of CCA (Coastal Conservation Association) South Carolina.

Read the full story at The Post and Courier

NC Fisheries Association seeks to intervene in civil suit against state

February 11, 2021 — A seafood industry nonprofit seeks to intervene in a civil case between a conservation group and state fisheries managers.

The N.C. Fisheries Association, a nonprofit dedicated to supporting the state seafood industry, filed Jan. 28 in Wake County Superior Court a motion to intervene in the civil complaint filed Nov. 10, 2020, by the Coastal Conservation Association’s North Carolina branch against the state. CCANC, a recreational fishing and conservation nonprofit, alleges state officials have mismanaged coastal fisheries resources.

According to a statement posted Feb. 5 on the NCFA’s website, the association “felt obligated to protect the interest of our members and those who rely on commercial fishermen as their source to access North Carolina seafood.”

“Along with our motion to intervene, we have filed a proposed motion requesting the dismissal of the CCA lawsuit against the state,” the association said. “Regardless of the outcome of these motions, the NCFA will address, in court or publicly, each false claim put forward by the CCA.”

Read the full story at the Carteret County News-Times

North Carolina Fisheries Association Files Motion to Intervene in CCA Lawsuit

February 5, 2021 — The following was released by the North Carolina Fisheries Association:

On Thursday, January 28, 2021 the North Carolina Fisheries Association filed a motion to intervene as a party-defendant in the lawsuit filed against the State of NC by the Coastal Conservation Association (CCA) of North Carolina.

On November 10, 2020 the CCA filed a lawsuit alleging that, by allowing the use of gillnets and shrimp trawls, the State has violated the NC Constitution and/or the public trust doctrine by failing to protect our coastal fisheries resources.

Among their many allegations, the CCA claims the State of NC has shown a bias towards the fishing industry by “allowing the commercial fishing industry to dictate or exert a disproportional influence on the States coastal fisheries resources management policies and plans.”

They assert that this alleged bias has, in part, resulted in the mismanagement of our marine resources, violating the public trust doctrine and recreational angler’s constitutional rights.

The CCA’s view – that recreational fishing is a constitutional right which cannot be infringed upon, while commercial fishing is a narrow, limited privilege afforded only by statute – is not a view shared by the NCFA.

We believe all stakeholders, recreational, commercial, and consumer have a right to access our marine resources and a duty to protect them for future generations.

With this in mind the NCFA felt obligated to protect the interest of our members and those who rely on commercial fishermen as their source to access NC seafood.

Along with our motion to intervene we have filed a proposed motion requesting the dismissal of the CCA lawsuit against the State.

Regardless of the outcome of these motions the NCFA will address, in court or publicly, each false claim put forward by the CCA.

If you would like to contribute/donate to NCFA to help with this lawsuit, please make checks payable to:
NCFA Legal Fund
PO Box 86
Morehead City, NC 28557

Motion to Intervene

Affidavit of NCFA Executive Director John Glenn Skinner

Motion to Dismiss

Senator Doug Jones’s bipartisan legislation to protect red snapper passes Congress

December 23, 2020 — Alabama Democratic Sen. Doug Jones’s bipartisan legislation to improve the health of reef fish populations, such as red snapper in the Gulf of Mexico, passed the Senate. The legislation was co-sponsored by Sen. Bill Cassidy, R-Louisiana, and a companion bill was recently introduced in the House of Representatives by Congressmen Garrett Graves, R-Louisiana, and Jared Huffman, D-California.

“I’ve been fishing all my life, so I know how important it is to protect Gulf species like red snapper,” Jones said. “The use of descending devices and venting tools is one way we can help maintain healthy populations of reef fish, which is crucial for the economy of Alabama and for ensuring that future generations can continue to enjoy red snapper season.”

“In 2016, we won the battle to wrestle control of flawed red snapper management from the federal government,” Graves said. “We now have better fish management, better access to fishing and improved economic activity. The Modern Fish Act, our bill to require the inclusion of recreational fisheries and better data in fish management practices, became law in 2018. Now, with the DESCEND Act, we are going to see more fish, more fishing opportunities in the Gulf, more tourism and better sustainability of our fisheries. This is a win-win for conservation and good eating. I appreciate all of the support and hard work of the Coastal Conservation Association, American Sportfish Association, Center for Sportfishing Policy, TRCP and all the anglers out there that are the true conservationist that want to ensuring fishing opportunities for generations to come. We’ve created a foundation for successful state management of the species through our previous legislation and the unanimous approval in the Senate is reflective of the progress we have made. I look forward to seeing this bill signed into law and our anglers getting to spend more time on the water.”

Read the full story at the Alabama Political Reporter

These inexpensive tools could help increase Gulf fish stocks, advocates say

October 8, 2020 — Sport-fishing groups and federal officials say mandating that offshore anglers carry a simple $12 tool could help sustain red snapper and other fish stocks in the Gulf of Mexico.

The U.S. House last week passed the Descend Act, which requires recreational, commercial and charter boats to carry a venting tool or a descending device while fishing for reef fish in the Gulf’s federal waters.

Here’s the problem: Red snapper and other reef fish are often returned to the water for a variety of reasons. For instance, they might be caught out of season, undersize or over the catch limit.

The rapid change in pressure from being brought to the surface from deeper waters causes many of these fish to experience barotrauma. The condition causes gas pressure to build up in the fish’s body, making it difficult or impossible to swim back down to its normal depth. As a result, many fish die at the surface or fall victim to predators.

Read the full story at Houma Today

Changes are ahead for striped bass

September 4, 2019 — The Atlantic States Marine Fisheries Commission met last month to hash out the details of Addendum VI, which addresses the current overfishing of striped bass and will implement new regulations taking effect in 2020.

Don’t expect this new management plan to solve all our problems or even to ameliorate them quickly. The newest management plan has a 50/50 probability of meeting the target in 2020. If all goes according to plan, female spawning stock should reach 93% of the target by 2027.

ASMFC won’t be discussing a possible amendment until February 2020.

A Coastal Conservation Association statewide campaign called “My Limit is One” in 2014 and ASMFC-imposed reductions back in 2015 (following a quota increase in 2014) did nothing to stem the overharvest of striped bass.

Read the full story at the Maryland Independent

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