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MFC Nov. Meeting: Briefing Book & Agenda |
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j.willis 
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 Topic: MFC Nov. Meeting: Briefing Book & AgendaPosted: 03 November 2017 at 1:23pm |
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MFC Nov. Meeting- Briefing Book & Agenda can be seen here: |
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Glacierbaze
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Joined: 09 January 2005 Location: North Carolina Status: Offline Points: 3775 |
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Posted: 06 November 2017 at 4:15pm |
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Don't see any swearing in of new members on the agenda. And has anyone every recused themselves for a COI?
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"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." |
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themoose
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Joined: 15 October 2014 Location: Forsyth County Status: Offline Points: 874 |
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Posted: 07 November 2017 at 2:01pm |
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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. |
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Glacierbaze
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Posted: 07 November 2017 at 3:48pm |
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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
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"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." |
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Rick
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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 |
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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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marker39
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Posted: 07 November 2017 at 7:42pm |
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Edited by marker39 - 08 November 2017 at 8:29am |
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Rick
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Posted: 08 November 2017 at 8:39am |
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I fixed that for you marker39
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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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themoose
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Posted: 08 November 2017 at 11:00am |
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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. |
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Ray Brown
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Posted: 08 November 2017 at 12:00pm |
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You are correct Mr. Moose. That is exactly how it is interpreted by the state of NC. Will it be a year from now?
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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.
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Glacierbaze
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Posted: 08 November 2017 at 12:26pm |
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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. |
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"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." |
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Ray Brown
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Posted: 08 November 2017 at 12:56pm |
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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. |
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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.
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themoose
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Posted: 08 November 2017 at 3:33pm |
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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. |
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bakesta
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Posted: 14 November 2017 at 1:08pm |
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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.  |
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"Do the right thing. It will gratify some people and astonish the rest." --- Mark Twain
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FishCommander
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Posted: 14 November 2017 at 1:47pm |
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Time for a legal remedy and a little embarasment for the state of North Carolina.
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