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NORTH CAROLINA: Legislative Update-Representative Billy Richardson Files Net-Ban Bill (H-513)/NCFA Position on H-513/Commercial Bluefish Proclamation

April 1, 2021 — The following was released by the North Carolina Fisheries Association:

LEGISLATIVE UPDATE for 4/16/2021: NORTH CAROLINA GENERAL ASSEMBLY:

Note that due to the length of this update, the list of bills will be abbreviated so only the two new bills will be listed. The previous bills had no action this week.

The most significant issue related to the General Assembly this week was the introduction of a net ban bill by Representative Billy Richardson from Cumberland County. He did something similar in 1994. Back then his bill called for a “non-binding referendum put to the voters statewide. If it would have passed, it still would have needed action by the General Assembly to be put in place. That bill was killed in the Rules Committee without any discussion. I’ll go into more detail about that history later.

H-513 is Rep. Richardson’s net ban bill. The name listed for the bill is PEOPLES’ CHOICE FOR MARINE SOURCES. That is probably a typo for the title and should be RESOURCES, but that certainly isn’t the only problem with the bill. When filed, the only other sponsor was Representative Marvin Lucas, also from Cumberland County. Larry Yarborough added his name later. The bill was referred to House Rules.

The other bill introduced this week is H-518 by Representative Ed Goodwin. All of the sponsors are listed below. The title is TEMPORARILY WAIVE COMMERCIAL FISHING FEES. The bill would waive Standard Commercial Fishing Licenses, Retired SCFL, Shellfish licenses and Commercial fishing vessel registration for the period of April 1, 2021 through June 29, 2022. Any fees paid already would be subject to a refund upon request. NCFA supports the measure with the following modifications:

1.) Provisions must be made for the Division of Marine Fisheries to recoup some of the revenue lost as a result of the measure. A portion of the money DMF derives from these license sales is used to support programs essential to the commercial fishing industry.

2.) A request to consider including for-hire licenses in the exemption as well.
The bill has been referred to the Marine Resources Committee.

H-513 PEOPLES’ CHOICE FOR MARINE SOURCES

Sponsored by Richardson, Lucas, Yarborough

Currently in House Rules; https://www.ncleg.gov/Sessions/2021/Bills/House/PDF/H513v1.pdf

H-518 TEMPORARILY WAIVE COMMERCIAL FISHING FEES

Sponsored by Goodwin, Hanig, Wray, Richardson, Autry, Brisson, Carney, Carter, Fisher, Harrison, Hunter, Iler, Insko, Lucas, McNeely, Moss, Shepard

Currently in House Marine Resources; if favorable to Finance, then Rules. https://www.ncleg.gov/Sessions/2021/Bills/House/PDF/H518v1.pdf

God bless,
Jerry

NCFA POSITION ON H-513; PEOPLES’ CHOICE FOR MARINE SOURCES; (NET BAN BILL):

It goes without saying that the North Carolina Fisheries Association is opposed to H.B. 513, PEOPLES’ CHOICE FOR MARINE SOURCES, or the Net Ban Referendum Bill.

While the stated purpose of H.B. 513 is “to protect saltwater finfish, shellfish, and other marine animals from unnecessary killing, overfishing, and waste “the true purpose, as with all gear ban or gamefish bills, is to reallocate the resource from one user group to another.

Did you know that no commercial fishing gear ban has ever been implemented by a state or federal agency tasked with managing coastal fisheries? Why is legislation always used to ban commercial gears rather than the fisheries management process?

The answer is quite simple: gear bans are not necessary and not supported by science unless, of course, you include the political sciences. Fisheries Managers regulate the use of gears, rather than prohibit them, to achieve sustainable harvest and have done so in NC. Gill nets are the most highly regulated gear in North Carolina mostly due to perception and not reality.

Rhetoric from groups like the Coastal Conservation Association (CCA) and the North Carolina Wildlife Federation (NCWF) have painted nets as an unregulated, indiscriminate, and destructive gear but the data tells a different story. Dead discards or “waste“ from gill nets have been greatly reduced for many species of finfish like Red Drum, Southern Flounder and Striped Bass simply by regulating the construction and \ or use of the gear. Waste from gill nets now makes up a very small percentage of the total removals for these species while waste in the recreational fisheries has become a significant portion of the total removals. For example, between 2008 and 2017 the recreational sector removed 3,895,597 Red Drum from the stock, 1,568,177 of which were dead discards or waste. These 1,568,177 fish wasted recreationally, over this ten- year period, alone exceeds the total commercial removals, harvest and dead discards combined, for the 29 – year period from 1989 to 2017 of 1,550,130 red drum. If waste in our fisheries is a concern you need to look at all gears for both sectors and determine the level of waste and how or even if it is impacting overall abundance, not single out a gear for prohibition based simply on personal perception.

Since 1994 the number of gillnet trips has decreased by more than 50% as have the number of vessels and fishermen participating in the gill net fisheries. The pounds of fish harvested by gill nets has also been reduced by more than 50% which is interesting, considering the many gear restrictions implemented in this time period. One would assume harvest would have dropped significantly more than effort did. During this same time period the number and pounds of fish harvested recreationally has changed very little but the numbers of fish released and subsequent dead discards or waste has increased dramatically, nearly tripling. This shows that overall, recreational opportunity to catch fish has increased despite what you may have heard to the contrary.

I’m not sure what the bill sponsors mean by “unnecessary killing “but as we interpret it, unnecessary means something that is not a necessity or non-essential. One of the most important lessons gleaned from the covid-19 pandemic has been that domestic food production is essential to national stability. While some states chose to prohibit recreational fishing, commercial fishermen across this country were deemed essential workers in the food production industry and allowed to operate. As meat processing facilities across the country struggled, many Americans turned to their local seafood market for the protein they needed. Nets are an essential gear for many, small scale, North Carolina fishermen and without this gear seafood production will certainly be reduced, as it has with every gill net regulation implemented since the mid 90’s. Commercial fishermen and their gears are necessary and essential to the millions of citizens who are unable to access our fisheries resources for themselves.

Commercial gear bans have been adopted in many coastal states as you may have heard many times. What you probably have not heard is that fisheries managers in those states cannot tell if the predicted benefits from the net bans have been realized. While recreational fishermen often claim success, as they are now catching fish previously harvested by commercial gears (reallocation), managers will tell you the net bans have not prevented overfishing or resulted in overall increases in abundance for many species. In fact, recreational size limits have increased and creel limits have decreased for many highly valued recreational species like Red Drum, Speckled Trout, and Southern Flounder despite the commercial gear bans and \ or gamefish status. While there is some anecdotal evidence of increases for a couple of species, changes to recreational regulations and fish stocking programs make it impossible to determine if the net ban was responsible. The only quantifiable impact of the gear bans has been the negative impacts to commercial fishing families and their communities.

Gill nets certainly interact with “other marine animals “as do other commercial and recreational gears. North Carolinas anchored gill net fisheries currently operate under two Federal Incidental Take Permits ( ITP’s ) meant to reduce interactions with endangered sea turtles and sturgeon. These ITP’s are required for any fishery to legally interact with endangered species. The recreational sector is known to illegally capture endangered sea turtles but the state has taken no action to either reduce or prevent these interactions from occurring. Simply put , the law has not been evenly applied to all citizens making commercial fishermen feel like second class citizens. A quick google search will show that recreational anglers catch turtles, birds, and dolphins but no one has ever drafted a bill proposing a ban on hook and line gear. Again, conservation is not the goal of gear bans so those proposing the ban only point out the issues with the gear they no longer wish to compete with.

As mentioned above reallocation is and always has been the true goal and result of net bans. I recently had the opportunity to provide feedback on a paper, written by a scientist at UNC, for the NC Marine and Estuary Foundation. The paper compared North Carolinas fishery management structure and strategies to the 23 other coastal states and gear bans were part of that comparison. In this paper gear bans were listed under the heading “Resource Allocation “as that is the driving force behind net bans.

Net bans and gamefish bills are not management strategies. They are political strategies utilized by groups who want to reduce the ability of those they view as competition to harvest fish. Nothing more!
By proposing a public referendum, the bill sponsors are hoping to give these groups the opportunity to win over NC voters who are largely uneducated when it comes to coastal fisheries issues. If this bill were passed these groups will ramp their efforts to misinform the public, as they have done in other states, knowing that the group that controls messaging controls the vote.

Members of the NC General Assembly have a responsibility to educate themselves on an issue before taking action. Likewise, NCFA members should be aware of the issues above when speaking or writing about the issue. Unlike the “other side”, let’s use facts and not rhetoric when corresponding or talking to elected officials. And consider this: even if you have all the facts but are disrespectful to those you are conversing with, you lose! And if you lose, WE lose!

If you have any questions or concerns regarding this issue before corresponding with your elected officials, contact us.

Glenn Skinner
NCFA-Executive Director

PROCLAMATION: RE: BLUEFISH – COMMERCIAL PURPOSES – POSSESSION LIMIT

This proclamation supersedes proclamation FF-6-2021, dated December 11, 2020. It establishes the possession limit for the commercial bluefish fishery. The fishery will close by proclamation once the commercial quota is projected to be reached or December 31, 2021, whichever occurs first.

John G. Batherson, Acting Director, Division of Marine Fisheries, hereby announces that effective at 12:01 A.M., April 16, 2021, the following restrictions will apply to the commercial bluefish fishery in Coastal Fishing Waters:

I. HARVEST LIMIT AND PERIOD

  • It is unlawful for an individual or commercial fishing operation, regardless of the number of persons, license holders, or vessels involved, to possess, sell, or offer for sale more than 800 pounds of bluefish per day or per trip, whichever is more restrictive.
  • The fishery will close by proclamation once the commercial quota is projected to be reached or December 31, 2021, whichever occurs first.

SEE PROCLAMATION LINK BELOW FOR MORE INFO.

http://portal.ncdenr.org/c/document_library/get_file?uuid=31cde6f3-7d56-4d1c-91b4-337da86bf20e&groupId=38337

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

NORTH CAROLINA: Paradise found

February 5, 2020 — Many of today’s small family-owned businesses struggle to survive in the shadow of big-box stores and online giants. The commercial fishing industry is no exception. Faced with an onslaught of regulations, attacks from special interest groups and an ever-growing import market, family-owned fishing businesses face a unique set of obstacles.

Some are up to the challenge.

Founded by Wayne Dunbar in 1998, Paradise Shores Seafood in Merritt, N.C., is thriving in this hostile environment. The company is the epitome of a family-owned business that has grown into a successful operation handling a variety of fish, blue crabs, soft shell crabs, shrimp, oysters, and conchs.

“It’s a good life thanks to the good Lord, my special wife and our three sons,” says Wayne. “We are a group of people who work hard and love what we do.”

The Dunbars believe there is only one sure way to grow a business — hard work, and lots of it.

“Our business has grown, starting with one crab boat and one mullet boat, to four crab boats now and four fishing boats,” says Wayne. “The only way to survive in this business is to be willing to work many long hours a day and do whatever it takes.”

Read the full story at National Fisherman

NORTH CAROLINA: Offshore drilling suspended on NC coast, fishing industry has mixed reactions

April 29, 2019 — The Trump administration has put a suspension on plans to expand offshore drilling off the North Carolina coast, leading to mixed reactions from the state fishing industry.

Randy Robinson, a representative of Brunswick County on the N.C. Fisheries Association Board of Directors thinks that the presence of offshore drilling “isn’t necessarily a bad idea.“ He considers that offshore drilling could play a role in increasing the net amount of jobs for North Carolinians.

Additionally, Robinson blames the N.C. Wildlife Federation for causing more damage than offshore drilling would do. He explains that the organization’s push to reduce trawls and limit the length of nets for fishing shrimp has negatively affected commercial fishing across the state’s coast.

Read the full story at WECT

Lingering North Carolina Fisheries Association issues persist into 2019

January 25, 2019 — Captain George’s was the venue for the recent 2019 North Carolina Fisheries Association’s Annual Meeting, which addressed issues that included conflicts with special interest groups, shrimp trawl bans and aquaculture in the sounds.

The NCFA is the primary organization promoting, providing education and, in recent years, defending North Carolina’s commercial fishing industry.

NCFA board presided over an extensive agenda, discussing and taking comments from the dozen or so NCFA members attending on a wide range of legislative, regulatory and other issues the organization faces in 2019.

As board Chairman Brent Fulcher worked his way through the agenda, many of the same concerns facing the NCFA this year are the same, unresolved issues that were on the board’s plate five, 10, and even 20 years ago.

Primary among them were the continuing challenges of well-financed efforts of special interest groups claiming to represent recreational fishing interests.

For those who have followed these issues in the past, the actions of the Coastal Conservation Association, a national group with state chapters active in virtually every state, was once again behind several initiatives seen as a threat by the NCFA to their industry.

Read the full story at The Outer Banks Voice

North Carolina: Seafood Lobby Day hopes to bring change to coastal fishing industry

May 24, 2018 — CRYSTAL COAST, N.C. — Fishermen and seafood lobbying groups spent their Wednesday in Raleigh for North Carolina Seafood Lobby Day, talking to legislators about fishing laws.

On the Crystal Coast, commercial fishing is a huge driver of employment and the economy.

Local businesses on the coast are dependent on commercial fishing.

Marc Smith, the owner of Captain Jim’s Seafood said, “It actually employs quite a number of people in this area. And through time it’s been one generation after another.”

And lately, they say the industry has faced harsh regulation that makes it hard to do their jobs.

Wrenn Johnson, the owner of Atlantic Beach Seafood Market said, “We like to keep everything as local as possible. The shrimp and everything is the stuff that’s made here. We like to do local because we always have, and it gets tougher and tougher each year as more regulations come into play.”

Glenn Skinner is the executive irector of the North Carolina Fisheries Association. He said going to Raleigh gives local fishermen a chance to create change in the industry.

Read the full story at WNCT

 

North Carolina: Nearly 200 Fishermen Travel To Raleigh For Second Annual Seafood Lobby Day

May 23, 2018 — RALEIGH, N.C. — The following was released by the North Carolina Fisheries Association:

Today, commercial fishermen will forego a day working on the water and instead work the halls of the Legislative Building for the 2nd Annual Seafood Lobby Day. The event, coordinated by North Carolina Fisheries Association (NCFA), provides an opportunity for legislators to meet the individuals that provide fresh, NC-caught seafood to their communities across the state and to hear directly from commercial fishermen about the challenges they face. Nearly 200 fishermen from up and down the coast traveled to Raleigh for the event.

Glenn Skinner, a commercial fisherman from Carteret County and NCFA’s Executive Director, said, “Last year’s inaugural Seafood Lobby Day was a huge success – it was a great way to start a conversation between legislators and commercial fishermen. We’re hoping this year will build on those relationships and give more fishermen an opportunity to talk to legislators about the importance of the commercial fishing industry to coastal families and communities.”

Skinner added that NCFA members have a number of priority issues to discuss with legislators, most notably the NC Marine Fisheries Commission’s (NCMFC) lack of openness and transparency. “The decisions of the Marine Fisheries Commission have a massive impact on how commercial fishermen make a living, both in the short- and long-term. They deserve to have their voices heard, and a fair and equitable Commission is essential for that to happen.” Other important topics for discussion include fair regulation of fisheries and ensuring that sound, reliable science is used in fisheries management.

Commercial fishermen established the North Carolina Fisheries Association, Inc. in 1952 to serve fishing families by protecting their heritage and promoting seafood. To achieve this, the association 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 Fisheries Association: Call to Equitable Fisheries Management

April 30, 2018 — The following was released by the North Carolina Fisheries Association:   

Letters need to be sent to the governor.

NCFA recently sent a letter to Governor Cooper requesting that he replace all 9 members of the Marine Fisheries Commission.

NCFA letter to Governor Cooper

We are asking YOU to also send a letter to the Governor! We really need to let him know that the commercial fishing community is serious about GETTING THE MARINE FISHERIES COMMISSION FAIR AND EQUITABLE!

We can only do that with your help. If you click the link below you can print out a letter, then simply sign it and mail it. If you would rather do one in your own words, that’s even better, but keep it short and simple and ON MESSAGE!

If you have any questions, call Glenn Skinner at 252-646-7742 or Jerry Schill at 252-361-3015.

Letter to Governor Cooper for you to print, sign & send!

Here’s the address for mailing:

Governor Roy Cooper

20301 Mail Service Center

Raleigh, NC 27699-0301

Or by email: roy.cooper@nc.gov

 

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

 

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