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Executive order may miss fishing regulations

March 2, 2017 — An executive order by President Donald Trump designed to radically cut back on federal regulations has spurred disagreement among fishermen about how it will affect them – and lawmakers and regulators aren’t sure what the answer is.

Groups that represent both commercial and recreational fishermen are divided over whether President Trump’s “one in, two out” approach to federal regulations will benefit their industry, harm it or not affect it at all.

In North Carolina, Jerry Schill, executive director of the N.C. Fisheries Association, an industry advocacy group dedicated to promoting the state’s seafood industry, said he’s been exchanging emails with fishing interests from all around the country about the matter.

“The consensus seems to be that it doesn’t affect the commercial fishing regulations, although I wish it did,” Mr. Schill said. “If the administration or others in (Washington) D.C. don’t know if it affects the fishing regulations, and the attorneys that represent commercial fishing suggest that it doesn’t, then it more than likely won’t. Specifically, we’ve been watching the dialogue with the Fisheries Survival Fund.”

The FSF is a fund established in 1998 to ensure the long-term sustainability of the Atlantic sea scallop fishery. The fund works with academic institutions and independent scientific experts to foster cooperative research and help sustain the fishery.

Read the full story at the Carteret County News-Times

NORTH CAROLINA: Shrimp Trawling Proposal Moves Forward

February 28, 2017 — The N.C. Marine Fisheries Commission voted February 16th to grant a petition for rulemaking and began drafting rules to implement it. If adopted, the rules will limit shrimp trawling in most North Carolina waters.

According to the Division of Marine Fisheries, shrimp are the second most economically important fishery in North Carolina.  In communities like Englehard, Lowland, Hobucken and Down East Carteret County, many commercial fishermen make their living trawling for shrimp in the Pamlico Sound.  That’s why a petition to reclassify most internal waters is a contentious topic right now.

At a public hearing last Thursday in Wilmington, the North Carolina Fisheries Commission voted 5-3 to grant a petition for rulemaking that if adopted would limit shrimp trawling in most North Carolina waters.  Proponents say the changes would greatly reduce bycatch and help bolster populations of commercially valuable finfish.  Those against the measure say it will raise the price of locally caught shrimp and could decimate the shrimping industry in North Carolina.  Jerry Schill is the President of the North Carolina Fisheries Association, a nonprofit organization that lobbies local, state and federal policymakers on behalf of commercial fishermen.

“It was not surprising to us but it was very disappointing after you come off an advisory committee meeting in New Bern where the five advisory committees votes overwhelmingly to recommend that the Commission reject the petition or deny the petition.  And they went ahead and accepted it anyway which was very disappointing.”

The petition, submitted on November 2nd by the North Carolina Wildlife Federation, and modified on January 12th asks the commission to designate all coastal fishing waters not otherwise designated as nursery areas (including the Atlantic Ocean out to three miles from shore) as special secondary nursery areas.  It also seeks to establish clear criteria for the opening of shrimp season and define the type of gear and how and when gear may be used in special secondary nursery areas during shrimp season.  Since the meeting, advisor with the North Carolina Wildlife Federation David Knight says he’s received a positive response from people who feel the recommendations are a step the right direction.

Read the full story at Public Radio East

NORTH CAROLINA: Tale of two sides: Opponents, backers of shrimp trawling petition weigh in

February 23, 2017 — NEW BERN, N.C. — A fishing industry advocacy group said the proposed state regulations in a recently approved petition could sink shrimp trawling in North Carolina, but a recreational fishermen’s environmental nonprofit thinks shrimping will just need to change.

Representatives from the N.C. Fisheries Association, a nonprofit industry group that advocates for the state seafood industry, and the North Carolina branch of the Coastal Conservation Association, an interstate nonprofit dedicated to protecting the coastal environment, spoke Tuesday to a crowd of about 84 people at the regular meeting of the Coastal Carolina Taxpayer’s Association at the Stanly Hall Ballroom. The association invited them to provide their opinions on the petition for rulemaking approved Thursday by the N.C. Marine Fisheries Commission.

Jerry Schill, NCFA executive director, said the association thinks the proposed special secondary nursery areas are the biggest problem with the petition’s proposed rules.

“The people who created this petition, they don’t understand the history of the (shrimp trawl bycatch) issue,” he said. “The fishing industry created nursery areas in the 1970s. In the 1980s, the term ‘bycatch’ came up.  Now we have turtle excluder devices in shrimp trawls and sea turtles have rebounded. Finfish bycatch is still an issue, but bycatch reduction devices are being used.”

Read the full story at the Carteret County News-Times

NORTH CAROLINA: Debate intensifies over new shrimping proposal

February 22, 2017 — Proposed shrimping regulations was once again at the center of debate in New Bern Tuesday night.

A meeting, hosted by the Coastal Carolina Taxpayers Association, aimed at providing people in attendance arguments for, and against, the petition.

The petition would create stricter regulations on those fishing for shrimp. It would limit trawling to 3 days a week, increase the size of fish-eyes to reduce bycatch, and limit where trawling could take place.

It would also put significant restrictions on shrimping in the Pamlico Sound.

Those supporting the petition said it is needed to protect shrimp populations, as many fish species have declined in North Carolina waters.

“A lot of things will have to be looked at. Will the petition stand as written? I doubt it,” said Donald Willis, VP of the North Carolina Coastal Conservation Association.

Read the full story at WNCT 9

NORTH CAROLINA: Questions surround funding for flounder fishery observers

January 17, 2017 — Watermen want to know what happened to commercial license fees that were collected to fund observers required by law for flounder fishing when sea turtles are spotted in area waters.

Few answers were provided at a meeting of the North Carolina Commercial Fishing Resource Funding Committee on Jan. 4.

Records show that $1.3 million was allocated for the observers in the 2015-2016 fiscal year, but only $608,065 was spent.

Dewey Hemilright, who attended the meeting, asked how so much could have been spent on the Section 10 permit program when the flounder fishery was closed much of the season.

“Expenses need more accountability,” said Hemilright, a long-line fisherman. “This doesn’t affect me, but I’m willing to pay the extra money if it allows others to fish. But if there’s more being paid in than is needed, then it should be returned to the fishermen.”

An additional license fee was imposed after a state appropriation to cover the cost of complying with the federal permit’s conditions was eliminated. One condition requires the observers, who monitor interactions with endangered sea turtles and sturgeon.

The fishery can be shut down if turtles and sturgeon are found in the management area.

Section 10 observers are a part of the DMF Observer Program, also called the Resource Protection unit, which has much broader responsibilities, The unit develops fishery management plans, assesses stocks and collects at-sea information about commercial and recreational catches.

After the loss of revenue to pay for the permit program, the North Carolina Fisheries Association brokered a deal in which fishermen agreed to pay substantially higher license fees to fund the Section 10 permit observers.

“It was the only way they could continue to fish,” said Jerry Schill, NCFA director.

Read the full story at The Outer Banks Voice

NORTH CAROLINA: Public comment to be taken on petition impacting shrimp trawling

January 16, 2017 — A meeting set for this week will put the issue of resource protection versus gear restrictions on the shrimping industry up for debate.

The five advisory committees to the North Carolina Marine Fisheries Commission will meet jointly on Jan. 17 at the New Bern Riverfront Convention Center to receive public comment on a petition for rulemaking that would, if adopted, impact shrimp trawl fishing in most North Carolina waters.

The North Carolina Wildlife Federation submitted the petition on Nov. 2, and the commission has 120 days from that date to grant or deny the request that calls for stricter regulations for shrimp trawling and the shrimp season as a means to better protect habitat for juvenile finfish.

The petition asks the commission to designate all coastal fishing waters not already designated as nursery areas as special secondary nursery areas, including the ocean out to three miles. It also calls for establishing clear criteria for the opening of shrimp season and defining the type of gear and how and when gear may be used in special secondary nursery areas (SSNAs) during shrimp season.

Jerry Schill, president of the North Carolina Fisheries Association, a nonprofit organization for the state’s commercial fishing industry, said the restrictions sought through the petition would have severe impacts on the state’s shrimping industry.

Beyond the direct impact to fishermen, Schill said that by accepting the petition for rulemaking, the MFC will waste a tremendous amount of tax dollars and effort spent studying the shrimp bycatch and trawling issue.

Read the full story at the Jacksonville Daily News

NCFA: Workshop Meets to Address Bycatch in North Carolina Shrimp Trawl Fishery

January 13, 2017 — The following was released by the North Carolina Fisheries Association:

A workgroup formed by the North Carolina Marine Fisheries Commission in 2015 to investigate ways to further reduce bycatch in shrimp trawls met recently in New Bern. The industry work group is a collaborative effort that consists of staff from the Division of Marine Fisheries, N.C. Sea Grant, fishing vessel owners, net makers and a biologist with the National Marine Fisheries Service.

The meeting recently held at the Riverfront Convention Center in New Bern follows the second year of a three year project, and is showing some very promising results.

The goal set by the Marine Fisheries Commission for the workgroup was set at 40% reduction in finfish bycatch.

Of the devices that were tested, the device achieving the highest reduction in the previous year was further modified for year two, resulting in a 54.5% reduction of finfish bycatch and a 52.2% reduction in bycatch of all types.

It was noted that none of the sampling for the project was done by extrapolation, but by sampling the entire contents of over 180 tows.

The meeting was held while a Petition for Rulemaking, filed by the North Carolina Wildlife Federation and the Southern Environmental Law Center, is being considered by the Marine Fisheries Commission. If the proposed regulations were enacted as proposed by the petitioners, there would be severe restrictions to shrimping in North Carolina.

“In the many years that I’ve been involved with representing the state’s commercial fishermen, there is no one issue that we’ve spent more time on than reducing bycatch in the shrimp trawl fishery”, said Jerry Schill, President of the North Carolina Fisheries Association. “Further, there is no one issue where we’ve had more success than reducing that bycatch. However, with their goal of eliminating shrimp trawling in our state, the onslaught continues. It will not abate until they’re successful”.

The public meeting to address the petition will be held on Tuesday, January 17, 2017 at the Riverfront Convention Center in New Bern, NC, beginning at 12:30pm.

NORTH CAROLINA: Petition’s aim: Gear bans or resource protection?

November 28, 2016 — MOREHEAD CITY, N.C.– A conservation organization’s request that the state adopt stricter rules for shrimping and recreational spot and croaker isn’t sitting well with a local seafood industry advocacy group.

Jerry Schill, president of the N.C. Fisheries Association, a nonprofit organization dedicated to promoting the state fishing industry, says the association thinks the petition for rulemaking from the N.C. Wildlife Federation, a nonprofit dedicated to protecting the state’s natural resources, will lead to gear bans that could put shrimping in North Carolina in jeopardy.

However, David Knight, NCWF policy consultant, said the petition is meant to protect fish and their habitat and actually assist fishing communities by doing so.

The Southern Environmental Law Center presented a petition for rulemaking, on behalf of the NCWF, to the N.C. Marine Fisheries Commission Nov. 17 in Kitty Hawk at the commission’s regular meeting.

The petition requests several changes to shrimping regulations, special secondary nursery area (SSNA) designation for all coastal fishing waters not already designated nursery areas and additional regulations for recreational spot and croaker fishing. The petition is under review for completeness by the MFC chairman, Sammy Corbett, and the commission’s legal counsel, Phillip Reynolds of the N.C. Department of Justice, after which it will go out for public comment.

Patricia Smith, N.C. Division of Marine Fisheries public information officer, said Mr. Corbett and Mr. Reynolds are still reviewing the petition as of Tuesday. According to a press release from the DMF, the state agency which enforces the regulations created by the MFC, the commission has 120 days from the date of the petition’s submission, Nov. 2, to take action granting or denying the request for rulemaking.

Read the full story at the Carteret County News-Times

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!

NORTH CAROLINA: Suit in the works over flounder

September 22, 2016 — BEAUFORT, N.C. — Carteret County will join fisheries groups in fighting the state Marine Fisheries Commission’s southern flounder supplement changes to reduce catch, which local fishermen say will kill the flounder industry here and cause a ripple effect in other local economic sectors.

“I fished for a living, I know what the implications would’ve meant for my family if you’d have taken half of my income from the fall,” Commissioner Jonathan Robinson told the county board. “It means somebody’s not going to have Christmas. It means somebody’s going to have to decide whether to be cold this winter or have something to eat.”

On his recommendation, county commissioners unanimously agreed to a resolution supporting a potential lawsuit from state and regional fishermen’s associations, primarily the N.C. Fisheries Association, against the MFC during their Monday meeting in the administration building.

Consideration of the complaint follows the November 2015 adoption of a supplement to southern flounder management regulations, a process which critics say circumvented standard amendment procedures after stopgap reassurances in the form of stock assessments failed to pass peer review.

Read the full story at the Carteret County News-Times

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