FAQ FAQ  Forum Search   Events   Register Register  Login Login

MFC Nov. Meeting: Briefing Book & Agenda

 Post Reply Post Reply
Author
j.willis View Drop Down
Pro
Pro


Joined: 09 May 2011
Status: Offline
Points: 501
Post Options Post Options   Thanks (0) Thanks(0)   Quote j.willis Quote  Post ReplyReply Direct Link To This Post Topic: MFC Nov. Meeting: Briefing Book & Agenda
    Posted: 03 November 2017 at 1:23pm
MFC Nov. Meeting- Briefing Book &  Agenda can be seen here:

http://portal.ncdenr.org/web/mf/11-2017-briefing-books


Back to Top
Glacierbaze View Drop Down
Pro
Pro


Joined: 09 January 2005
Location: North Carolina
Status: Offline
Points: 3726
Post Options Post Options   Thanks (0) Thanks(0)   Quote Glacierbaze Quote  Post ReplyReply Direct Link To This Post Posted: 06 November 2017 at 4:15pm
Don't see any swearing in of new members on the agenda.  And has anyone every recused themselves for a COI?
"You can never elevate your own character by stepping on someone else's."

"Never argue with a man who loves the sound of his own voice."
Back to Top
themoose View Drop Down
Pro
Pro


Joined: 15 October 2014
Location: Forsyth County
Status: Offline
Points: 839
Post Options Post Options   Thanks (0) Thanks(0)   Quote themoose Quote  Post ReplyReply Direct Link To This Post Posted: 07 November 2017 at 2:01pm
When I first started reading about our byzantine management structure for salt water fishing, I was surprised to find that nobody ever recused themselves for conflict of interest.

A little further reading found that those serving on the boards are specifically exempted from the requirement to do so.

Weird how you can have a guy making his money by gill netting overseeing potential rules to limit or eliminate gill netting.... and having it be business as usual in NC.

It makes zero sense to me, and reeks of the potential for corruption.    
Back to Top
Glacierbaze View Drop Down
Pro
Pro


Joined: 09 January 2005
Location: North Carolina
Status: Offline
Points: 3726
Post Options Post Options   Thanks (0) Thanks(0)   Quote Glacierbaze Quote  Post ReplyReply Direct Link To This Post Posted: 07 November 2017 at 3:48pm
This statute was written specifically for NC boards and commissions, I believe.  I don't see how they could be exempt.

MARINE FISHERIES COMMISSION BUSINESS MEETING
Hilton Garden Inn, Kitty Hawk
, N.C.
Nov. 15-
16, 2017
N.C.G.S. 138A
-15(e) mandates at the beginning of any meeting of a board, the chair shall remind all members of their duty to avoid
conflicts of interest under Chapter 138. The chair also shall inquire as to whether there is any known conflict of interest w
ith respect to
any matters coming before the board at that time.
N.C.G.S. 143B
-289.54.(g)(2) states a member of the Marine Fisheries Commission shall not vote on any issue before the Commission
that would have a "significant and predictable effect" on t
he member's financial interest. For purposes of this subdivision, "significant
and predictable effect" means there is or may be a close causal link between the decision of the Commission and an expected
disproportionate financial benefit to the member that
is shared only by a minority of persons within the same industry sector or gear
group. A member of the Commission shall also abstain from voting on any petition submitted by an advocacy group of which the member
is an officer or sits as a member of the ad
vocacy group's board of directors. A member of the Commission shall not use the member's
official position as a member of the Commission to secure any special privilege or exemption of substantial value for any per
son. No
member of the Commission shall, by
the member's conduct, create an appearance that any person could improperly influence the member
in the performance of the member's official duties.
Commissioners having questions about a conflict of interest or appearance of conflict should consult with
counsel to the Marine Fisheries
Commission or the secretary’s ethics liaison. Upon discovering a conflict, the commissioner should inform the chair of the co
mmission
in accordance with N.C.G.S. 138A
-15(e
"You can never elevate your own character by stepping on someone else's."

"Never argue with a man who loves the sound of his own voice."
Back to Top
Rick View Drop Down
Pro
Pro


Joined: 16 July 2003
Location: United States
Status: Offline
Points: 5270
Post Options Post Options   Thanks (0) Thanks(0)   Quote Rick Quote  Post ReplyReply Direct Link To This Post Posted: 07 November 2017 at 4:57pm
For purposes of this subdivision, "significant and predictable effect" means there is or may be a close causal link between the decision of the Commission and an expected disproportionate financial benefit to the member that is shared only by a minority of persons within the same industry sector or gear group.

That opens up a lot of ground to be plowed and forest to be clear-cut.  If only commercial fishermen were truly modern farmers and foresters replanting for future generations.  Sadly, gatherers-scavengers are about three million years old, but those commercial fishing tools are highly efficient 21st century designs.

I wonder if a man who is self-professed to control 60% of NC's typical annual shrimp harvest had a conflict of interest when he not only passionately spoke against but also voted as member of the Finfish AC to deny the NCWF Petition for Rulemaking? 

Are AC members held to the same standard of ethics and conflicts of interest?




Edited by Rick - 08 November 2017 at 8:40am
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.
Back to Top
marker39 View Drop Down
Pro
Pro


Joined: 10 May 2006
Status: Offline
Points: 836
Post Options Post Options   Thanks (0) Thanks(0)   Quote marker39 Quote  Post ReplyReply Direct Link To This Post Posted: 07 November 2017 at 7:42pm




Edited by marker39 - 08 November 2017 at 8:29am
Back to Top
Rick View Drop Down
Pro
Pro


Joined: 16 July 2003
Location: United States
Status: Offline
Points: 5270
Post Options Post Options   Thanks (0) Thanks(0)   Quote Rick Quote  Post ReplyReply Direct Link To This Post Posted: 08 November 2017 at 8:39am
I fixed that for you marker39




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.
Back to Top
themoose View Drop Down
Pro
Pro


Joined: 15 October 2014
Location: Forsyth County
Status: Offline
Points: 839
Post Options Post Options   Thanks (0) Thanks(0)   Quote themoose Quote  Post ReplyReply Direct Link To This Post Posted: 08 November 2017 at 11:00am
Glacierblaze....

My reading (I am not a lawyer... I did not even stay at a Holiday Inn express last night...just an average Joe who is skeptical about how our commissions are run)

For purposes of this subdivision, "significant and predictable effect" means there is or may be a close causal link between the decision of the Commission and an expected disproportionate financial benefit to the member that is shared only by a minority of persons within the same industry sector or gear group

So... in my reading.... if you are a gill net fisherman, you can freely vote on gill net issues (including whether to ban them) UNLESS the proposed regulation would BENEFIT (not negatively affect) you more than the majority of other gill net fishermen.

So if a regulation to ban gill nets came up, a gill netting commercial fisherman would not be legally bound to recuse himself from the voting, even though he has a vested interest in the outcome.

In my opinion, that is a pretty clear conflict of interest. In the opinion of the law, it is not.
Back to Top
Ray Brown View Drop Down
Pro
Pro
Avatar
NCW FOUNDER

Joined: 14 July 2003
Location: North Carolina
Status: Offline
Points: 14384
Post Options Post Options   Thanks (0) Thanks(0)   Quote Ray Brown Quote  Post ReplyReply Direct Link To This Post Posted: 08 November 2017 at 12:00pm
You are correct Mr. Moose. That is exactly how it is interpreted by the state of NC.   Will it be a year from now?

Some trawl operator will be forced to change in order to reduce bycatch. If you worry about that more than stopping the bycatch then the resource is secondary to you. Recovery has one less advocate.
Back to Top
Glacierbaze View Drop Down
Pro
Pro


Joined: 09 January 2005
Location: North Carolina
Status: Offline
Points: 3726
Post Options Post Options   Thanks (0) Thanks(0)   Quote Glacierbaze Quote  Post ReplyReply Direct Link To This Post Posted: 08 November 2017 at 12:26pm
I guess someone needs to bury an amendment deep in a budget bill, to strike the words, "a minority of".
I think that is the way the process works.
"You can never elevate your own character by stepping on someone else's."

"Never argue with a man who loves the sound of his own voice."
Back to Top
Ray Brown View Drop Down
Pro
Pro
Avatar
NCW FOUNDER

Joined: 14 July 2003
Location: North Carolina
Status: Offline
Points: 14384
Post Options Post Options   Thanks (0) Thanks(0)   Quote Ray Brown Quote  Post ReplyReply Direct Link To This Post Posted: 08 November 2017 at 12:56pm
Actually...this ruling came from the Commission on Ethics if memory serves.

So it applies to lots of things and various commissions; not just fish.

I would have never voted that way, but that is why I am always on the outside looking in. But if anyone paid attention to elections across the country yesterday then politicians must realize that what electors give; they can take away.
Some trawl operator will be forced to change in order to reduce bycatch. If you worry about that more than stopping the bycatch then the resource is secondary to you. Recovery has one less advocate.
Back to Top
themoose View Drop Down
Pro
Pro


Joined: 15 October 2014
Location: Forsyth County
Status: Offline
Points: 839
Post Options Post Options   Thanks (0) Thanks(0)   Quote themoose Quote  Post ReplyReply Direct Link To This Post Posted: 08 November 2017 at 3:33pm
From the research I did, this is specific language "gear group" for fishing...

Doesn't make me right... again, I'm not a lawyer, just someone who can click on a few web pages.
Back to Top
bakesta View Drop Down
Pro
Pro
Avatar

Joined: 24 January 2005
Location: United States
Status: Offline
Points: 2455
Post Options Post Options   Thanks (0) Thanks(0)   Quote bakesta Quote  Post ReplyReply Direct Link To This Post Posted: 14 November 2017 at 1:08pm
Why don't they just cancel this meeting?


The State would save money and just as much would be accomplished.


Meeting #4 under the new administration and nothing has changed - not even the appointees that expired in July.

DeadDeadDead

"Do the right thing. It will gratify some people and astonish the rest." --- Mark Twain
Back to Top
FishCommander View Drop Down
Pro
Pro
Avatar

Joined: 18 February 2009
Location: Lowland, NC
Status: Offline
Points: 1510
Post Options Post Options   Thanks (0) Thanks(0)   Quote FishCommander Quote  Post ReplyReply Direct Link To This Post Posted: 14 November 2017 at 1:47pm
Time for a legal remedy and a little embarasment for the state of North Carolina. Wink
Back to Top
 Post Reply Post Reply
  Share Topic   

Forum Jump Forum Permissions View Drop Down

Forum Software by Web Wiz Forums® version 10.11
Copyright ©2001-2012 Web Wiz Ltd.

This page was generated in 0.125 seconds.