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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!

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

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