The Marine Fisheries Commission (MFC) has asked the state legislature for an exemption from recently passed NC legislation requiring that Fisheries Management Plans (FMPs) end overfishing of their affected fish stocks within two years. The MFC is asking for the exemption in order not to have to impose regulations in November that would end speckled trout overfishing in that time frame.
Although the new law, passed by the General Assembly on July 23, was fully supported by the MFC it appears that members of the MFC did not understand that speckled trout would fall under the new guidelines. The regulations became law the day the bill was passed and would apply to any FMPs adopted after July 23.
According to MFC Chairman Rob Bizzell, the MFC was confused by the fact that they had already passed the speckled trout plan. However, the speck FMP has yet to be approved by the state and sent back to the MFC for final approval, meaning that speckled trout would be affected after all.
“A staffer with the DMF discovered the possible timing problem and brought it to our attention,” said Bizzell, calling the confusion a “technicality.”
“The request only addresses FMP’s that have been submitted for approval by the (state) before June 23,” said Bizzell. “In this case it would only be one plan, the Spotted Sea Trout FMP and no other. If this issue was recognized in the beginning of the bill approval process, (speckled trout) would have been added then as an exemption.”
Bizzell sent a letter on behalf of the MFC dated August 13 to the legislature asking for a “clarifying amendment” to the bill which would exempt the new speckled trout FMP.
The letter was published on the internet this week (I got my copy off of NC Waterman) and produced a firestorm of anger among recreational anglers who were both suspicious and confused about why the MFC was seeking to get around a new law that it itself had supported.
Bizzell confirmed the contents of the letter and indicated that the MFC was worried about the implications of the law on the new speckled trout FMP, which he said should have final confirmation at the November MFC meeting in New Bern.
“If this legislation is not amended then the current Spotted Sea Trout FMP is considered out of compliance as it does not end overfishing in 2 years,” said Bizzell. “The Spotted Sea Trout FMP must then be readdressed with sufficient restraints, on both the recreational and commercial sectors, to accomplish this.”
A 2009 speckled trout stock assessment done for the FMP process indicated that the speckled trout stocks in North Carolina and Virginia have been overfished for the entire 18 years covered in the study.
Under the wording of Bizzell’s request (if passed by the legislature) only the speckled trout FMP would be considered exempt, an important fact considering that FMPs current under review include that of southern flounder. I asked Bizzell if he anticipates the MFC seeking further exemptions for new and reviewed FMPs that are adopted in the future.
“No,” said Bizzell, “we will have to abide by the law and end overfishing within 2 years of any new FMP or a review of an existing FMP.”
Asked to comment further, however, Bizzell seemed uneasy about making any permanent promises regarding whatever rules were passed in the speck FMP.
“Any time an FMP is opened, the outcome cannot be predicted,” Bizzell said. “The final rules could be stricter or more lenient. I hope this bill is passed with the thought that if and when further modifications are needed to the restrictions dictated by the Spotted Sea Trout FMP they will occur.”
For more information on NC fisheries management see the NC Fisheries Management and Politics page on Surf and Salt.
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