Saving Seafood

NORTH CAROLINA: Fishing Gear Recovery Effort Seeks Applicants

October 5th, 2016 — The North Carolina Coastal Federation is accepting applications from North Carolina-based commercial fishermen for its annual Lost Fishing Gear Recovery Project.

Applicants must have a valid Standard Commercial Fishing License and must be able available between Jan. 18 through Feb. 7, 2017. Selected watermen will be required to attend a training session.

The watermen will help the federation and the North Carolina Marine Patrol remove lost fishing gear from coastal waters between Jan. 15 to Feb. 7. The 2017 project will work within all three Marine Patrol districts across the state’s coast. Compensation will be $400 per boat, per day.

The project is intended to improve water quality and support coastal economies. During Jan. 2016 program, 11 crews removed 7.5 tons of marine debris, including 753 crab pots, from the waters of Northeastern N.C.  Funding comes from the National Oceanic and Atmospheric Administration.

Read the full story at Coastal Review Online 

NOAA proposes rule to protect deep sea coral off U.S. Atlantic coast

October 4th, 2016 — The U.S. National Oceanic and Atmospheric Administration (NOAA) announced a new proposed rule last week that would create a new protected area in the Mid-Atlantic region in order to conserve deep-sea coral.

The proposed rule, if finalized, would create the first protected area at the national level under the new deep sea coral provisions of the Magnuson-Stevens Fishery Conservation and Management Act, the primary law governing marine fisheries management in U.S. federal waters, first passed in 1976. When the law was reauthorized by Congress in 2006, it was amended to allow for the designation of zones to protect deep-sea corals from damage caused by bottom-tending commercial fishing gear.

The area proposed for protection by NOAA stretches along the continental shelf off the Mid-Atlantic coastline between New York and North Carolina and encompasses all of the area out to the boundary of the U.S.’s Exclusive Economic Zone, which extends 200 nautical miles (about 230 miles) out to sea. The proposed rule includes an exemption for American lobster and deep-sea red crab pots and traps from the gear prohibition.

John Bullard, regional administrator for NOAA Fisheries Greater Atlantic Region, said in a statement that 15 deep-sea canyons with a total area of about 24 million acres, which is about the size of Virginia or 20 times the size of Grand Canyon National Park, would be protected by the rule.

The Mid-Atlantic Fishery Management Council, which worked with NOAA on the proposed rule, recommended the new protected area be called the “Frank R. Lautenberg Deep-sea Coral Protection Area” in honor of the late U.S. Senator’s contributions to the development and implementation of the Magnuson-Stevens Fishery Conservation and Management Act’s coral protection provision.

The public comment period for the proposed rule lasts until November 1, 2016. Members of the American public can comment online or by mail.

Read the full story at Mongabay 

North Carolina Fisheries Association files legal complaint over southern flounder rule process

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.

Read the full story from Jacksonville Daily News

Changes could come to East Coast monkfish business

September 30, 2016 — PORTLAND, Maine — Interstate fishing regulators are working on a new plan to manage the monkfish fishery on the East Coast.

Monkfish are bottom-dwelling fish that are fished commercially and are a popular menu item in seafood restaurants. The New England Fishery Management Council has initiated a plan to create new fishing specifications for the fish for the next three years.

A spokeswoman says the council’s monkfish committee will work this fall on specifications for the fishery. Rules will be approved in November. The rules could also remain status quo.

Fishermen catch monkfish from Maine to North Carolina, though most are brought ashore in Massachusetts and Rhode Island.

Read the full story from the Associated Press at The Journal

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: Ceremony to honor county fishermen

September 29, 2016 — Each October, as the N.C. Seafood Festival comes to a close, fishermen and their families are honored during the Blessing of the Fleet.

This year’s ceremony is at 10 a.m. Sunday, Oct. 2, at the N.C. State Port, 113 Arendell St., in Morehead City.

Fishermen spend long, hard days on the water providing a living for their families, and the ceremony draws attention to the work that these men and women provide for their community.

“Every year we gather at the Blessing to honor the men and women who continue to work the water, along with their fathers and grandfathers who went before them,” said Jonathan Robinson, of Atlantic. He is a fisherman, county commissioner and member of the Carteret County Fishermen’s Association. “It is a very special time to those of us who are part of this industry. We hope that somehow this service will inspire the next generation to hold on to this way of life.

“It’s not easy now, and it never has been, but fishing is vital to our communities and our state to provider fresh seafood to consumers everywhere,” Mr. Robinson said. “Commercial fishing is an honorable occupation and worthy of our appreciation for their hard work and perseverance.”

Read the full story at Carolina Coast Online

Restaurants prepare for The North Carolina Seafood Festival

September 29th, 2016 — Large crowds are expected to flood the Morehead City Waterfront during this years North Carolina Seafood Festival. The festival begins Friday and lasts throughout the weekend. Restaurants are already preparing fresh local seafood for the three day event.

Chef Fabian Botta is the head chef at waterfront restaurant Ruddy Duck Tavern. Chef Botta is a veteran to the seafood festival and knows a thing or two about seafood.

He said an event such as this requires several months of planning.

“We’ll serve in three days about 1,500 to 2,000 pounds of shrimp. The shrimp harvest has been great so far so we’re going to take advantage of it,” Chef Botta said.

The shrimp Chef Botta will be serving is courtesy of Pamlico Packing Company in Vandemere North Carolina.

Read the full story at ABC 12 

Counties and fishermen’s associations file lawsuit over flounder supplement

September 27th, 2016 — Several coastal counties have joined with commercial fishermen in litigation against the State of North Carolina regarding last year’s decision by the Marine Fisheries Commission to adopt new regulations on the southern flounder fishery by using the “Supplement” process.

According to a press release issued Monday by the N.C. Fisheries Association, a nonprofit dedicated to supporting the state’s seafood industry, and distributed by the N.C. Press Association, Steve Weeks, an attorney with Wheatly, Wheatly, Weeks, Lupton & Massie of Beaufort and Todd Roessler, attorney with Kilpatrick, Townsend & Stockton of Raleigh, are representing the plaintiffs. The complaint was filed on Sept. 23 in Carteret County Superior Civil Court in Beaufort.

The plaintiffs include NCFA Inc., the Carteret County Fisherman’s Association Inc., Carteret County, Dare County and Hyde County.

Read the full story at The Carteret County News-Times

NORTH CAROLINA: Counties Join Commercial Fishermen in Lawsuit

September 27, 2016 — The following was released by the North Carolina Fisheries Association:

Several coastal counties have joined with commercial fishermen in litigation against the State of North Carolina regarding last year’s decision by the Marine Fisheries Commission to adopt new regulations on the southern flounder fishery by using the “Supplement” process. Stevenson Weeks, an attorney with Wheatly, Wheatly, Weeks, Lupton & Massie of Beaufort and Todd Roessler attorney with Kilpatrick, Townsend & Stockton of Raleigh, are representing the plaintiffs. The complaint was filed today in Carteret County Superior Court.

The plaintiffs include the North Carolina Fisheries Association, Inc.; Carteret County Fisherman’s Association, Inc.; County of Carteret; County of Dare; County of Hyde.

Defendants served with the complaint are the Secretary of the Department of Environmental Quality, Director of the Division of Marine Fisheries and all members of the Marine Fisheries Commission.

The practical effect of the litigation is to stop the closure of the recreational and commercial southern flounder fisheries, scheduled to take effect this fall.

Brent Fulcher, Board Chairman of the North Carolina Fisheries Association, said “Filing a lawsuit is the last resort for us. 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 my 29 years of involvement with these fisheries issues, this is only the second time that we filed litigation against the Division of Marine Fisheries”, said Jerry Schill, President of the Fisheries Association. “Fishermen must have confidence in the process for management to be successful, but with the Commission and the Division ignoring the law and even their own guidelines, we have no other option left.”

The 30-page complaint alleges the management measures made by the defendants were arbitrary and based on inadequate scientific data using an abbreviated regulatory process and did so in violation of the North Carolina Open Meetings Laws.

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