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CSMA Striped Bass- A Put and Too ManyTake Fishery

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Post Options Post Options   Thanks (0) Thanks(0)   Quote madde8 Quote  Post ReplyReply Direct Link To This Post Posted: 25 January 2018 at 11:43am
Because jumping mullets can see a gill net in the daylight
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Rick Quote  Post ReplyReply Direct Link To This Post Posted: 22 February 2018 at 1:10pm
If history prevails, one week from today, Director Murphey will open the 2018 commercial striped bass season in the CSMA.

...a commercial season on a fishery that is pretty much a 100% stocked fishery paid for by state and federal dollars intended for Sport Fish Restoration with commercial harvest prohibited.

When "cryptic mortality" is included, the commercial sector is responsible for over 80% of all mortality of the CSMA striped bass.

The fishery is overfished and overfishing is occurring when total commercial catch is considered.

The screen shots below are from another website and will make you cry...

From February 9th, 2018


From February 19th, 2018


From today, February 22nd, 2018








Gill net discard mortality is the largest driver of "cryptic mortality" and accounts for more mortality than the combined commercial and recreational pounds landed.

Please don't tell me that NCDMF is allowing our CSMA striped bass stock to be killed as "cryptic" mortality in the UNREGULATED yellow and white perch fisheries!

The last "management" info that I can find on yellow perch is from 2012, after that it went off the radar screen at DMF.

The whole damn CSMA "management" program went off the radar screen, crashed and burned a long time ago!

Is it just me or does this whole perch fishery smell to high heaven that it's a "legal" open season fishery that is a conduit for illegally harvesting CSMA striped bass before the official proclamation a week from now?

Anyone want to guess how many "fresh caught" stripers show up a week from now that came from the Pungo this week?








HELLO....can you say cryptic mortality in striped bass, red drum, spotted seatrout, southern flounder, largemouth bass, etc., etc., etc.....

...cryptic mortality with no management idea of what, how many or what size because this is an unregulated wild-west fishery with no FMP. 



Same for White Perch- an unregulated fishery with direct unknown gillnet effort creating cryptic mortality.








Edited by Rick - 22 February 2018 at 5:38pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Rick Quote  Post ReplyReply Direct Link To This Post Posted: 23 February 2018 at 2:28pm
...well there it is...our commercial season for 2018!  ...a license to kill a federal stocking program for harvest worth 10-cent on the $1 of stocking cost.

A Welfare Fishery- Only in NC, because "we're different".

FF-6-2018

PROCLAMATION

RE: STRIPED BASS SEASON - COMMERCIAL FISHING OPERATIONS - INTERNAL COASTAL WATERS OF CRAVEN, BEAUFORT, AND PAMLICO COUNTIES, PUNGO RIVER, WEST BAY, AND PAMLICO SOUND

This proclamation opens the 2018 Central Southern Management Area (CSMA) commercial striped bass fishery and sets the commercial harvest limit.

Stephen W. Murphy, Director, N.C. Division of Marine Fisheries, hereby announces that effective at 8:00 A.M., Thursday, March 1, 2018, the striped bass season WILL OPEN in the areas described below for COMMERCIAL FISHING OPERATIONS. The following restrictions will apply:

I. AREA DESCRIPTION (See Map)

A. Pamlico and Pungo rivers and their joint and coastal water tributaries west of a line beginning at a point on the north shore 35° 22.3622' N - 76° 28.2032’ W (Roos Point) running southerly to a point on the south shore 35° 18.5906’ N - 76° 28.9530’ W (Pamlico Point).

B. Jones Bay/Bay River - west of a line beginning at Sow Island Point at 35° 13.0167’ N - 76° 29.7000’ W, running southwest to a point at Bay Point at 35° 11.0833’ N - 76° 31.5667’ W, then running southerly to Maw Point at 35° 09.0333’ N - 76° 32.1667’ W.

C. Neuse River - west of a line beginning at Maw Point at 35° 09.0333’ N - 76° 32.1667’ W, running southeast to Point of Marsh at 35° 04.5500’ N - 76° 28.2333’ W.

D. West Bay - south of a line beginning at a point at 35° 03.5167’ N - 76° 26.1333’ W, running southeasterly to a point at 35° 02.1833’ N - 76° 21.7500’ W.

E. Pamlico Sound - south of a line beginning at a point on Roanoke Marshes Point 35° 48.3693’ N - 75° 43.7232’ W, running southeasterly to the north point of Eagle Nest Bay 35° 44.1710’ N - 75° 31.0520' W [southern boundary of the Albemarle Sound Management Area (ASMA)] and north of the boundaries of Section I. A., I. B., I. C., and I. D. and north of a line from Camp Point at 35° 00.0833’ N - 76° 14.8000’ W, through Wainwright Island running southeasterly to a point on Core Banks at 34° 58.7853’ N - 76° 09.8922’ W.

II. SIZE and HARVEST RESTRICTIONS

A. It is unlawful to take, possess, buy, sell, or offer for sale striped bass less than 18 inches in total length.

B. In the areas described in Section I. above, it is unlawful for an individual or fishing operation, regardless of the number of persons or boats involved or the number of areas fished, to take, possess, transport, buy, sell, or offer for sale more than ten (10) striped bass per day in any combined commercial fishing operation, except that a fishing operation consisting of more than one Standard Commercial Fishing License (SCFL) or Retired Standard Commercial Fishing License (RSCFL) holder onboard may be in possession of up to two daily harvest limits. A SCFL holder must accompany each single harvest limit until the time of sale to a dealer that holds a valid 2017/2018 Striped Bass Dealer Permit validated for the Central Southern Management Area (CSMA).

C. In the areas described in Section I. D. and I. E. above, striped bass shall only be taken in conjunction with other finfish species and striped bass are limited to 50% by weight of the combined daily harvest.

III. LANDING RESTRICTIONS

A. Striped bass taken from areas opened by this proclamation may only be sold and purchased by a currently licensed finfish dealer possessing a valid STRIPED BASS DEALER PERMIT validated for the CSMA.

B. It is unlawful to purchase more than the daily harvest limit of striped bass from a SCFL holder in any one day.

C. It is unlawful to sell, offer for sale or purchase striped bass taken by hook-and-line.

IV. SEASON CLOSURE
The striped bass season for commercial fishing operations for the areas described in Section I. above will close by this proclamation at midnight, April 30, 2018 unless closed by proclamation at an earlier date when the annual harvest allocation is met. Dealers will have two weeks after the close of the season to sell, offer for sale, transport, or have in possession unfrozen striped bass taken in this fishery.

V. GENERAL INFORMATION

A. This proclamation is issued under the authority of N.C.G.S. 113-170.4; 113-170.5; 113-182; 113-221.1; 143B-289.52; and N.C. Marine Fisheries Commission Rules 15A NCAC 03H .0103, 03M .0202 and 03O .0500.

B. It is unlawful to violate the provisions of any proclamation issued by the Fisheries Director under his delegated authority pursuant N.C. Marine Fisheries Commission Rule 15A NCAC 03H .0103.

C. It is unlawful for finfish dealer to possess, buy, sell or offer for sale striped bass taken from the areas opened by this proclamation without first obtaining a valid STRIPED BASS DEALER PERMIT validated for the CSMA from the N.C. Division of Marine Fisheries. Dealers must abide by all conditions of the STRIPED BASS DEALER PERMIT and the general permit provisions in accordance with N.C. Marine Fisheries Commission Rule 15A NCAC 03O .0502.

D. Striped bass lawfully sold to a permitted dealer may be resold to a non-permitted wholesale or retail market provided the initial permitted dealer records their dealer license identification number on each bill of lading or receipts involved in the shipment of striped bass. Any individual or corporation who holds a current finfish dealer license must obtain a valid STRIPED BASS DEALER PERMIT validated for the CSMA in order to sell any striped bass personally harvested.

E. The intent of this proclamation is to allow the harvest of striped bass in the CSMA by commercial operations within the 25,000-pound quota established by the N.C. Estuarine Striped Bass Fishery Management Plan (FMP) Amendment 1. When the CSMA striped bass season closes, a subsequent proclamation will be issued to implement the tie-down and 50-yard distance from shore requirements also established in the N.C. Estuarine Striped Bass FMP Amendment 1.

F. All striped bass taken during season closures and all undersized striped bass shall be immediately returned to the waters taken, regardless of the condition of the fish.

G. In accordance with N.C Marine Fisheries Commission Rule 15A NCA 03M .0201, it is unlawful for a dealer to possess, buy, sell or offer for sale striped bass taken from the areas opened by this proclamation without having a N.C. Division of Marine Fisheries - issued green colored tag affixed through the mouth and gill cover. In the case of striped bass imported from other states, a similar tag that is issued for striped bass in the state of origin must be affixed.

H. N.C. Division of Marine Fisheries striped bass tags may not be bought, sold, offered for sale, or transferred.

I. Holders of Recreational Commercial Gear Licenses (RCGL) or hook-and-line fishermen must follow the bag and harvest restrictions of the recreational fishery for striped bass.

J. Permits may be obtained from all N.C. Division of Marine Fisheries License Offices.

K. Dealers with a valid Striped Bass Dealer Permit for Quota Monitoring shall contact the N.C. Division of Marine Fisheries Elizabeth City office 252-264-3911 and speak to Kimberly Hewitt to obtain harvest tags. Tags shall be picked up from a N.C. Division of Marine Fisheries office.

L. There is no open commercial season for striped bass in counties south of the line referenced in Section I. E. (Camp Point through Wainwright Island to Core Banks).

M. The 22-inch to 27-inch total length no possession slot limit for striped bass established in N.C. Marine Fisheries Commission Rule 15A NCAC 03Q .0107 does not apply to commercial fishing operations in Joint Fishing Waters.

N. Contact N.C. Division of Marine Fisheries, P.O. Box 769, Morehead City, NC 28557 252-726-7021 or 800-682-2632 for more information or visit the division website at www.ncmarinefisheries.net.

O. In accordance with N.C. General Statute 113-221.1 (c), all persons who may be affected by proclamations issued by the Fisheries Director are under a duty to keep themselves informed of current proclamations.

P. This proclamation opens the 2018 Central Southern Management Area (CSMA) commercial striped bass fishery and sets the commercial harvest limit.

 

 

 

Stephen W. Murphey, Director
DIVISION OF MARINE FISHERIES, DEQ

February 23, 2018
10:31 A.M.
FF-6-2018




Edited by Rick - 23 February 2018 at 5:27pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kshivar Quote  Post ReplyReply Direct Link To This Post Posted: 23 February 2018 at 3:33pm
New Director same BS. Business as usual.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote BrackishWater Quote  Post ReplyReply Direct Link To This Post Posted: 23 February 2018 at 3:57pm
the more things change, the more they stay the same...  
A rising tide lifts all boats...
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Post Options Post Options   Thanks (0) Thanks(0)   Quote bmac Quote  Post ReplyReply Direct Link To This Post Posted: 27 February 2018 at 1:48pm
Drain the swamp!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Rick Quote  Post ReplyReply Direct Link To This Post Posted: 20 March 2018 at 9:47am
Well, it has been twenty days and another year of killing our hatchery raised fish for 10-cents on the $1 of stocking cost is almost behind us.

The NCDMF has allowed a few commercial gillnetters to kill another 25,000 pounds of striped bass that were paid for by Sport Fish Restoration dollars with the intent of supplementing the spawning stock biomass.

Dead fish don't spawn.

Management of the CSMA has failed to meet the basic goals of the Fisheries Management Plan-

3.2 GOALS AND OBJECTIVES
The goals of Amendment 1 to the North Carolina Estuarine Striped Bass FMP are to achieve sustainable harvest through science based decision-making processes that conserve adequate spawning stock, provide and maintain a broad age structure, and protect the integrity of critical habitats.

The original purpose of stocking the CSMA can be found on page 301 of the FMP.  

Specific objectives for stocking striped bass into coastal river systems include attempts to increase spawning stock abundance while promoting self-sustaining population levels appropriate for various habitats and ecosystems.

Also on page 301 of the FMP, one can see that stocking was not thought to be of significant importance.

Results suggested striped bass stocked in the Neuse and Tar rivers appeared to contribute little to the spawning stocks in these systems.

Through genetic Parentage Based Sampling, we now know that the importance of stocking the CSMA has changed significantly. Genetic sampling has proven that stocking is not supplementing an existing wild stock, but is the stock. 

Biologists believe that this fishery is close to 100% stocked origin. 

Stocking is crucial.  If stocking stops, this fishery will completely disappear within five to six years with a striped bass in the CSMA becoming a rarity.

On what date will NCDMF Director Murphey close the 2018 CSMA commercial season?

It has to be soon...and hopefully to never reopen again!!!





Edited by Rick - 20 March 2018 at 10:08am
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Post Options Post Options   Thanks (0) Thanks(0)   Quote 23Mako Quote  Post ReplyReply Direct Link To This Post Posted: 20 March 2018 at 10:27am
Rick, 

Have there been studies done to show if American Shad that are killed are also hatchery fish?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Rick Quote  Post ReplyReply Direct Link To This Post Posted: 20 March 2018 at 11:20am
Originally posted by 23Mako 23Mako wrote:

Rick, 

Have there been studies done to show if American Shad that are killed are also hatchery fish?

The DNA fin clip work removes any doubt about what is happening on CSMA striped bass. It is a stocked fishery. There may be similar work on American Shad, but I've not researched it.  Stocking White Shad is big and has been going on for a long time.  There are studies that show these fish return to their stocked river origins.  What % of the fishery is stocked?  Are stocked fish being gillnetted? Absolutely!

Maybe Marker39 will chime in.




Edited by Rick - 20 March 2018 at 11:20am
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kshivar Quote  Post ReplyReply Direct Link To This Post Posted: 20 March 2018 at 11:30am
It’s like a welfare system for comms. New Guv but same don’t care attitude. New director who clearly only wants the status quo. They continue to betray the trust of most citizens. Keep doing what you are doing and you keep getting what you are getting.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote chriselk Quote  Post ReplyReply Direct Link To This Post Posted: 20 March 2018 at 1:08pm
You do know that the Marine Fisheries Commission has tried to intercede on behalf of the stock.  They asked the Director to protect the fish, since he has the proclamation authority.  The Director refused.  
They then asked the Secy for a Supplement.  That was rejected.

So, what can we do?

It is possible, that the above could work to the stocks advantage if WE take the bull by the horns:

The Estuarine Striped Bass FMP is coming up for review shortly.  The MFC wants to protect these fish. The MFC scientist is an expert on anadromous fish and striped bass.  There will be and Estuarine Striped Bass Advisory Committee appointed.  

I hope many reading this apply and get appointed to the AC.  Those that do not, please follow the process and provide input throughout.  It is possible that with all of the above positives, that significant strides can be made.  


The above comments are my personal opinion and do not represent those of any organizations or agencies I may be a member of.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Ray Brown Quote  Post ReplyReply Direct Link To This Post Posted: 20 March 2018 at 3:04pm
Chris....

I'm going to call BS on your statement.  Not because of what you said, but because of how it happened.

The MFC has basically asked two Director's if they would issue a proclamation and have been told, "no".

The MFC itself has yet to put a motion, and a second on the floor, and then passed it, that directs the Director to issue a proclamation.   Until they do then it is a false statement to say the MFC has interceded on behalf of the stock.

It is one thing for someone to say, "no" I won't do that if asked......and being on the receiving end of a vote that dictates they issue, or refuse to do so, and then have to justify their refusal to the head of DEQ, the Governor, the legislature, and then the public.  This MFC, like all MFC's to date is lead to wherever the DMF wishes them to be fed.  Will we ever get an MFC that realizes they can eat whatever they wish, and not just what they are served, as if their powers under FRA '97 don't exist?   

An interceding MFC would make a director justify his refusal by making him issue or refuse, not tippy toe around and get nothing in return.

No.....the MFC has not interceded.  They have simply talked about it; but have not put themselves on record by a vote and then some have the audacity to blame the director for doing nothing!

 


Edited by Ray Brown - 20 March 2018 at 3:09pm
I am a native of NC. The "bycatch captial of the east coast of the US". Our legislature lets us kill more fish for no reason than any other Atlantic Coast state. I hope they are proud.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote BaitWaster Quote  Post ReplyReply Direct Link To This Post Posted: 20 March 2018 at 3:41pm
Originally posted by chriselk chriselk wrote:

The Estuarine Striped Bass FMP is coming up for review shortly.  The MFC wants to protect these fish. The MFC scientist is an expert on anadromous fish and striped bass.  There will be and Estuarine Striped Bass Advisory Committee appointed.  

I hope many reading this apply and get appointed to the AC.  Those that do not, please follow the process and provide input throughout.  It is possible that with all of the above positives, that significant strides can be made. 

^^ This.

Many of changes in species management have been requested, attempted to be acted on through supplements.  This hasn't worked out well as the FMP is/has been argued the controlling directive for management and major changes should be implemented through the FMP not a supplement.

While the FMP process is tedious and time consuming,  it does set management directives for DMF and the Director.  Science seems solid to move this to a rec fishery in river system essentially wholly dependent on stocked fish.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Rick Quote  Post ReplyReply Direct Link To This Post Posted: 20 March 2018 at 4:41pm
I Don't Want To Shoot An Elephant...

However, if there is an elephant in the room, and you have the tools to address the problem but refuse to do so, what is the real problem?

From the Estuarine Striped Bass Fishery Management Plan-

North Carolina’s existing fisheries management system is powerful and flexible, with rulemaking authority vested in the North Carolina Marine Fisheries Commission (NCMFC) and the North Carolina Wildlife Resources Commission (NCWRC) within their respective jurisdictions. The NCDMF implements NCMFC rules and policies. The NCMFC and NCWRC have authorized the NCDMF Director and the NCWRC Executive Director proclamation authority. Depending on the agency, proclamations may be utilized to establish seasons, authorize or restrict fishing methods and gear, limit quantities taken or possessed, and restrict fishing areas. Thus, all necessary authority needed for management of the striped bass fisheries is available through the existing state fishery management process.


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Post Options Post Options   Thanks (0) Thanks(0)   Quote kshivar Quote  Post ReplyReply Direct Link To This Post Posted: 20 March 2018 at 4:51pm
Thank you Ray. I bet if the Guv would weigh in I bet the Director might lean his way.

Edited by kshivar - 20 March 2018 at 4:52pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Ray Brown Quote  Post ReplyReply Direct Link To This Post Posted: 20 March 2018 at 8:48pm
The MFC has to take a real stand first and foremost. They haven't.
I am a native of NC. The "bycatch captial of the east coast of the US". Our legislature lets us kill more fish for no reason than any other Atlantic Coast state. I hope they are proud.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote chriselk Quote  Post ReplyReply Direct Link To This Post Posted: 20 March 2018 at 9:21pm
Ray,
Did not the MFC ask Secy Regan for a supplement and he denied it? (to get around the Directors refusal to issue a proclamation).   Secy Regan is the Directors Boss.

What else could the MFC have done?  They previously gave up control of the CSMA by giving the Director Proclamation authority (a previous MFC).  They asked the Director to do something, he refused.  They asked for a supplement of the Secy and that was denied.  

Now things are going thru the process, a glacial, imperfect process that we all hate.  I guess using the word imperfect may be a euphemism, based on the status of our stocks.


The above comments are my personal opinion and do not represent those of any organizations or agencies I may be a member of.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Ray Brown Quote  Post ReplyReply Direct Link To This Post Posted: 20 March 2018 at 9:40pm
Chris...

The procedure is to pass a motion to ask for a proclamation. Not politely ask.

The MFC and the DMF are not one and the same. The MFC makes the rules consistent with the law and the DMF is to implement the rules.

The DMF doesn't have to statutorily act on a request by one or two commission members, but the DMF has to take a public stand in responding to a MFC directive.

Is the MFC politically afraid to issue one?

Edited by Ray Brown - 21 March 2018 at 9:55am
I am a native of NC. The "bycatch captial of the east coast of the US". Our legislature lets us kill more fish for no reason than any other Atlantic Coast state. I hope they are proud.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kshivar Quote  Post ReplyReply Direct Link To This Post Posted: 21 March 2018 at 8:48am
Afraid, unwilling doesn’t much matter if they refuse to fulfill their obligations.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote chriselk Quote  Post ReplyReply Direct Link To This Post Posted: 21 March 2018 at 11:31am
Ray,
As for the MFC afraid to formally ask for a proclamation, that is something you would have to ask them.  I think that they know that the battle was lost at the proclamation level and later found out a second battle was lost at the supplement level.  I think they decided that they could win at the amendment level and that since they have the nearly absolute power at that level they could accomplish more stringent measure than at either a proclamation or supplement level.

Moreover, formally asking for a proclamation would be throwing gas on a fire.  MFC has to work intimately with DMF. The history of these two under the previous two directors has not been stellar and I can see the MFC trying to maintain a relationship with the new Director.  Up to a point of course.

No one more than I would have liked a proclamation that closed commercial harvest and bycatch fromgill netting in the CSMA.  In fact I asked the MFC and/or Director for four or five straight MFC meetings for movement on the CSMA striped bass debacle.  Its public record.

kshivar-I dont recall any public comment to ask MFC to deal with this problem from you.  Perhaps if I missed it, you could direct me to your comments.
The above comments are my personal opinion and do not represent those of any organizations or agencies I may be a member of.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Ray Brown Quote  Post ReplyReply Direct Link To This Post Posted: 21 March 2018 at 2:24pm
Chris...

We disagree.  Several current MFC members have told me that they should have done this, and when former MFC members start calling me after my post telling me that they have often wished they had done that when they were on the Commission because they are truly understanding they were lead when they themselves should have been leading.

If an MFC member is afraid of a hot fire they should have never accepted an appointment if the resource is most important to them.  If they took the appointment for political reasons then I understand how they would not wish their future appointments or political relationships to go up in flames.

I don't believe MFC members should be serving to foster or enhance their political future.  If they aren't in it for managing the resource, I'd suggest they resign and let the governor appoint someone else who will work towards his stated objective or rebuilding and maintaining our marine resources with methods and means called for by scientific findings.

The law is clear. The MFC is to determine what is to be done and the Director and his staff are to carry out those directives.

I understand that the MFC has, within the law, given proclamation power to the Director.  Do you understand, within the law, they can, using that same provision; take it back?

Like license assignments that are no longer following the law as written, the MFC has allowed the DMF to lead them over the years in other areas.  I'm not putting that at the feet of the current Director at all, but it evolved that way before he arrived.

It is simply going to take an MFC with enough backbone to take back their authority and let someone else deal with it.

I'm not saying anything in here that I haven't told MFC members face to face so this is no surprise to anyone.
I am a native of NC. The "bycatch captial of the east coast of the US". Our legislature lets us kill more fish for no reason than any other Atlantic Coast state. I hope they are proud.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote BaitWaster Quote  Post ReplyReply Direct Link To This Post Posted: 21 March 2018 at 2:56pm
Wasn't proclamation authority to the Director given as part of the FMP?   Clearly removal or this authority could take place during the FMP amendment. 

Perhaps the MFC members are pragmatic and feel the upcoming amendment process is the appropriate place and time to make the necessary change(s).
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Ray Brown Quote  Post ReplyReply Direct Link To This Post Posted: 21 March 2018 at 3:26pm
Perhaps Bernie, but if it was, why would a few be trying to blame the Director for not acting when they haven't done all they could first?  
I am a native of NC. The "bycatch captial of the east coast of the US". Our legislature lets us kill more fish for no reason than any other Atlantic Coast state. I hope they are proud.
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Post Options Post Options   Thanks (1) Thanks(1)   Quote bakesta Quote  Post ReplyReply Direct Link To This Post Posted: 21 March 2018 at 3:38pm
Originally posted by BaitWaster BaitWaster wrote:

Perhaps the MFC members are pragmatic and feel the upcoming amendment process is the appropriate place and time to make the necessary change(s).



Perhaps monkeys will soon fly out of your ass.......................................



The MFC can shut it down without your beloved process.  They have the legal power to do it.  

THEY MUST VOTE!!  

and then let the chips fall where they may.


Until they vote on what they want, they've done nothing but talk (and follow orders)



"Do the right thing. It will gratify some people and astonish the rest." --- Mark Twain
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Post Options Post Options   Thanks (0) Thanks(0)   Quote chriselk Quote  Post ReplyReply Direct Link To This Post Posted: 21 March 2018 at 8:12pm
Bakesta,
The MFC cannot at this time shut down the fishery.  Let me repeat this. The MFC cannot shut it down now.

Read the CSMA FMP in the last two iterations.  They granted the authority to the Director.  The MFC counsel told them by doing this, they have no power to act.

They can, in the upcoming amendment, do pretty much what they want, but it will take at least 2 years to implement it. Two more years of waste.  They ought to put the hatchery fish destined for the CSMA in the Cape Fear.


Edited by chriselk - 22 March 2018 at 10:58am
The above comments are my personal opinion and do not represent those of any organizations or agencies I may be a member of.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote bakesta Quote  Post ReplyReply Direct Link To This Post Posted: 21 March 2018 at 9:29pm
The mfc can put an end to it if they really want to.

Where there is a will there is a way.


But they MUST vote on it. Even if legal counsel doesn't like it.

They must vote on it and take it from there.


Waiting for an fmp should not be even discussed.



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Post Options Post Options   Thanks (0) Thanks(0)   Quote Rick Quote  Post ReplyReply Direct Link To This Post Posted: 22 March 2018 at 8:25am
Originally posted by bakesta bakesta wrote:

The mfc can put an end to it if they really want to. Where there is a will there is a way.  But they MUST vote on it. Even if legal counsel doesn't like it. They must vote on it and take it from there. Waiting for an fmp should not be even discussed.

Correct!

Ask two attorneys, get two opinions.  Take action and let the NCFA file a lawsuit...what better way to shed light and hopefully disinfect the putrid management mess of CSMA striped bass.

ON GOOD ADVICE, from an attorney who has reviewed and understands-

The MFC has authority to immediately act under...

§ 143B-289.52.  Marine Fisheries Commission - powers and duties.

(a)        The Marine Fisheries Commission shall adopt rules to be followed in the management, protection, preservation, and enhancement of the marine and estuarine resources within its jurisdiction, as described in G.S. 113-132, including commercial and sports fisheries resources. The Marine Fisheries Commission shall have the power and duty:

(1)        To authorize, license, regulate, prohibit, prescribe, or restrict all forms of marine and estuarine resources in coastal fishing waters with respect to:

a.         Time, place, character, or dimensions of any methods or equipment that may be employed in taking fish.

b.         Seasons for taking fish.

c.         Size limits on and maximum quantities of fish that may be taken, possessed, bailed to another, transported, bought, sold, or given away.


(c)        The Commission is authorized to authorize, license, prohibit, prescribe, or restrict:

(1)        The opening and closing of coastal fishing waters, except as to inland game fish, whether entirely or only as to the taking of particular classes of fish, use of particular equipment, or as to other activities.


Contrary to what Phillip Reynolds told the MFC, it does not have to wait on the FMP Amendment process to make management changes.

Contrary to what Phillip Reynolds told the MFC, it did not give away its authority to take temporary management measures when it gave the Director proclamation authority.  The MFC can take temporary measures and instruct the Director to issue a proclamation to implement such.

Take action and let a judge decide.

Expose the charade!

The press will have a field day with the facts of this case.  The complete and utter mismanagement of the Estuarine Striped Bass FMP for the CSMA is gross negligence or fraud.


"Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman."  Associate Justice of the U.S. Supreme Court, Louis Dembitz Brandeis (1856-1941)




Edited by Rick - 22 March 2018 at 3:19pm
fiogf49gjkf0d
NC Fisheries Management- Motto: Too Little, Too Late, Too Bad   Slogan: Shrimp On! Mission Statement: Enable Commercial Fishing At Any and All Cost, Regardless of Impact to the Resource.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Rick Quote  Post ReplyReply Direct Link To This Post Posted: 10 April 2018 at 9:59am
Originally posted by chriselk chriselk wrote:

Bakesta,
The MFC cannot at this time shut down the fishery.  Let me repeat this. The MFC cannot shut it down now.

Read the CSMA FMP in the last two iterations.  They granted the authority to the Director.  The MFC counsel told them by doing this, they have no power to act.

They can, in the upcoming amendment, do pretty much what they want, but it will take at least 2 years to implement it. Two more years of waste.  They ought to put the hatchery fish destined for the CSMA in the Cape Fear.


Chris, May I remind you of the letter below sent to the commission on public record.














Edited by Rick - 10 April 2018 at 9:59am
fiogf49gjkf0d
NC Fisheries Management- Motto: Too Little, Too Late, Too Bad   Slogan: Shrimp On! Mission Statement: Enable Commercial Fishing At Any and All Cost, Regardless of Impact to the Resource.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote chriselk Quote  Post ReplyReply Direct Link To This Post Posted: 10 April 2018 at 6:39pm
Rick,

You are reporting old news.  

The interpretation of the State MFC Attorney was and remains different than our (CCA NC) attorneys interpretation, above.  I asked at that time that they check with the State Attorney General, to no avail.  Since the State interpretation trumps ours, and two Directors refuse to act, what's your point?




The above comments are my personal opinion and do not represent those of any organizations or agencies I may be a member of.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Ray Brown Quote  Post ReplyReply Direct Link To This Post Posted: 10 April 2018 at 7:22pm
Chris... You are smarter than this.

No director has ever refused to issue a proclamation on CSMA stripers that a MFC has officially requested through a passed motion. Never.

What has happened is a hypothetical question has been answered hypothetically. Twice.

Maybe one day soon, God and the MFC willing, we move from hypothetical to making folks stand and deliver, one way or another.





Edited by Ray Brown - 10 April 2018 at 7:23pm
I am a native of NC. The "bycatch captial of the east coast of the US". Our legislature lets us kill more fish for no reason than any other Atlantic Coast state. I hope they are proud.
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