Will Beth consider the facts in good-faith and address the factual issues or will she perpetuate lies and fear?
Beth Bucksot, the Pamlico County economic developer, said in a
release that if the federation petition comes to fruition, it will
affect Pamlico County fishermen and have impacts on secondary nursery
“The secondary nursery section included in the petition
would make all coastal rivers, sounds and up to three miles offshore
secondary nurseries,” she said. “This will impact not only the
commercial fishermen, but recreational fishermen and basic residential
and coastal development.”
“All DEQ and CAMA regulations for those areas would have to be reviewed
and changed to meet those secondary nursery requirements,” the release
said. “This would impact all marinas, docks, dredging, tourism,
restaurants and other coastal development entities. At the same time, it
will do nothing to address water quality or environmental issues.”
If you'd like to address these issues with Beth her email is- firstname.lastname@example.org
My 1st Email to Beth:
There is a huge misconception
within Pamlico County Economic Development about the affect a Special
Secondary Nursery classification will have on real estate development.
Addressing your concern about nursery area classifications-
I have been working on this issue for four years. In fact, it was my
work that I presented to the NCWF two years ago that helped convinced
them to begin the petition process.
If you like to review that work you'll find it here- https://1drv.ms/p/s!ArHvxdSx-xlqggCT_gwDP-zDDEUt
In NO WAY does a Special Secondary Nursery Area (SSNA)
classification affect development. A SSN classification doesn't even
prohibit trawling. That classification gives the DMF Director
proclamation authority to open and close trawling based on biological
factors in order to protect juvenile finfish (bycatch) and insure that
the shrimp count is of size to produce the best economic benefit to the
A permanent Secondary Nursery Area (SNA) classification does not
affect development. The only prohibited activity in a Secondary
Nursery Area (one permanently classified as a SNA versus a Special
Secondary Nursery Area) is that trawling is prohibited. Commercial
fishing activities other than trawling are still permitted in SNA.
A Primary Nursery Area (PNA) classification is the only nursery area that has rule that might
affect development. Such waters are mainly along the estuarine
shorelines and in creeks that are mostly already protected under current
classification and have existing rules under CAMA that affect
development. These already exist and are designated under state code.
You can see the maps here- Primary Nursery areas are in "Red".
The NCWF petition did not ask for any additional areas to be
classified as Primary Nursery (PNA) or Permanent Secondary Nursery (SNA)
These are the three nursery area classifications-
I hope the above clearly explains nursery areas and the associated
commercial gear prohibitions in each area. For anyone to claim that the
NC Wildlife Federation's petition request to designate waters as
Special Secondary Nursery Areas will affect real estate economic develop
is false. Anyone saying that is uninformed or being dishonest.
Pamlico County should be concerned about the vast pieces of partially
developed land than imploded with the 2008 real estate bubble. River
Dunes is one of the best known, but there are many more areas that need
Sustainable fisheries management can return the Pamlico Sound/Neuse
River estuary to a premier destination for recreational fishing that
will drive an economy that dwarfs the commercial fishing economic
impact. $150,000 to $1,000,000+ homes supporting shopping centers,
restaurants, local entertainment, etc. will drive that economy. With
fast internet offering all kinds of work from home opportunities, that
economy doesn't have to be driven solely as a retirement or vacation
home industry. NC has lost out to SC, Florida and the Gulf Coast as a
recreational fishing destination. Those states all control trawling and
gill nets in order to protect not only the resource, but their very
lucrative sportfishing industry.
The Oriental Croaker Festival has lost its namesake to bycatch in the shrimp trawl fishery.
Please feel free to call me at anytime to discuss the above.My second email to Beth:
Second issue today-
It is my understanding that you believe that the MFC has to take the
petition to rule-making as "all or nothing", that the MFC cannot modify
the petition, as passed, through deletions or additions before taking
the end product to final rule-making.
That is not correct.
On page 269 of this file- http://portal.ncdenr.org/c/document_library/get_file?uuid=ba078c62-c869-436a-8b24-cd0a1605def3&groupId=38337 you will see that not only can the petition be modified that it will be a requirement to consider two modifications if the annual economic impact exceeds $1-million, which it surely will.
PETITION FOR RULEMAKING PROCESS
Procedural Requirements for Rulemaking That Results from a Petition for Rulemaking
North Carolina General Statute 150B-20(b), the MFC must grant or deny a
rulemaking Petition within 120 days after it is submitted. If the rulemaking Petition is granted, the notice of text published in the North Carolina Register may include:
·A statement that the agency is initiating rulemaking as a result of a rulemaking Petition;
·The name of the person who submitted the rulemaking Petition;
·The text of the requested rule change submitted with the Petition; and
·Whether the agency endorses the proposed text.
Each agency must quantify the costs and benefits to all parties of a proposed rule to the greatest extent possible. If
a proposed rule has a substantial economic impact, the agency must
consider at least two alternatives to the proposed rule. The
alternatives may be identified by the agency or by members of the
public. Each agency must accept comments on the text of a
proposed rule that is published in the North Carolina Register and any
fiscal note that has been prepared in connection with the proposed rule
for at least 60 days after the text is published or until the date of
any public hearing held on the proposed rule, whichever is longer. The
public comment period can be longer than the minimum required period of
60 days. Each agency shall not adopt a rule until
after the public comment period has ended and then has up to 12 months
from that end date to adopt a rule. If more than 12 months elapse the process would have to begin again.
Considerations for the Timeline of the Rulemaking Process if the Petition is Granted
the substantial economic impact threshold of one million dollars in a
twelve-month period is exceeded, the agency must consider at least two
alternatives to the proposed rules. The need for consideration of alternatives may not be identified until after the MFC has voted to deny or grant the rulemaking Petition. It is unclear what the impacts to the timeline for rulemaking would be if this occurs. Since
the MFC has never had a fiscal note for proposed rules with a
substantial economic impact before, significant time will be required by
division staff to work with the Office of State Budget and Management
to obtain an approved fiscal note.
North Carolina General Statute 150B-21.4(a), an approved fiscal note is
required before publication in the North Carolina Register of proposed
text of a permanent rule change that would require the expenditure or
distribution of funds subject to the State Budget Act.
the Marine Fisheries Commission votes on the approved fiscal note and
the proposed rules at the same time. If the commission opted to vote on
the proposed rules at one meeting and did not vote on the approved
fiscal note until a subsequent meeting, the proposed rules would not be
allowed to be published in the North Carolina Register until both votes
When I get time, I plan on reviewing the audio from the Wilmington
meeting and will excerpt the discussion related to the above text from
the presentation. I was present at the meeting and this issue was
clearly addressed. The MFC has full authority to modify the petition
before taking it to final rule. By law, they are required to consider
at least two modifications.
You may be confusing this with the fact that they could not consider
modification prior to voting to deny or grant the petition on the
initial vote taken in February.
My Third Email to Beth:
This was easier than I thought. The DMF has already broken out an audio file of MFC attorney Phillip Reynolds' explaining the petition process.
The audio is 42 minutes long and fully explains how the MFC can take to rulemaking a modified version of the NCWF petition.
- At 6:45 you'll hear Reynolds explain the only option the MFC had in February was to grant or deny.
8:30 you'll hear Reynolds explain the that by granting the petition and
initiating rulemaking that does not equal adoption of rules.
- At 14.50 you'll hear Reynolds clearly state that in his opinion the million dollar benchmark will be triggered.
- At 15.15 you'll hear Reynolds explain the process for developing two alternative actions.
- At 19.45 you'll hear Reynolds explain how the legal process is satisfied when the text of the petition is published.
- At 20:00 you'll hear Reynolds clearly explain that
- You can adopt some and not all.
- You can modify.
- You can change.
- If you substantially change the rule, it is no longer controlled by the petition.
- At 23:40 you'll hear Reynolds explain why the Shrimp FMP must be opened to remove conflicting rules.
- At 38.30 you'll hear Reynolds explain that the MFC will not be required to adopt the petition rules verbatim.
- At 39:00 Reynolds will discuss
- Alterations and Changes
- End of Process for Petition
- Defining Substantial Changes
- At 41:00 Commissioner Wicker in response to Reynolds answers to
questions from Laughridge and Koury states his opinion that taking more
time with the changes to get it right is important.
If you will listen to this audio with an open-mind and intentions of
good-faith, you'll understand and agree that the commission has interest
in modifying the petition from it's present forum and has the authority
to do so and take those modifications to rule-making.
I'll be glad to discuss at your convenience.
Edited by Rick - 19 March 2017 at 9:51pm