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.