Position Statement of the Division of Marine Fisheries on House Bill 918, Designation of Coastal Game Fish

The N.C. Division of Marine Fisheries (DMF) is concerned about legislation to designate red drum and spotted seatrout as coastal game fish, a move that would allocate these fish solely to the recreational fishing sector and prohibit all sale by the commercial fishermen and purchase by consumers. While concern is based on a variety of factors, our greatest issue is that the action would be contrary to the Fisheries Reform Act, our guiding legislation for managing North Carolina’s coastal fisheries.


Fisheries Reform and Public Trust

The General Assembly adopted the Fisheries Reform Act in 1997 after 2 years of debate and study by a Moratorium Steering Committee made of commercial and recreational fishermen, scientists and regulators. The preamble to the act states that the General Assembly “recognizes the need to protect our coastal fishery resources and to balance the commercial and recreational interests through better management of these resources.” The act also requires the Marine Fisheries Commission “to provide fair regulation of commercial and recreational fishing groups in the interest of the public.” Designating game fish status for any coastal species is a departure from this policy, giving the recreational sector preference over the commercial sector.

Based on guidance from the Fisheries Reform Act, the DMF manages the state’s resources for the benefit of all user groups that include recreational and commercial fishermen, environmental advocates, and the consumer. North Carolina has a strong public trust doctrine and it is our opinion that coastal, marine fisheries belong to all of the citizens of our state. As such, the management strategies we employ attempt to provide fair access to all fisheries.

The Fisheries Reform Act requires extensive public input for development of fishery management plans. These plans lay out long-term management strategies for all of our state’s commercially and recreationally important fisheries. The chairman of the Marine Fisheries Commission appoints an advisory committee composed of commercial and recreational fishermen and scientists, to assist in developing these plans. Meetings are held where advisors and staff work through various issues and problems facing a fishery, with the ultimate goal of creating a sustainable stock. The process is very similar to the study committee process used by the General Assembly.

The act also delegates oversight of the fishery management plan process to the Joint Legislative Committee on Seafood and Aquaculture and the secretary of the Department of Environment and Natural Resources to guarantee our policies and regulations are procedurally and technically sound.

If the legislature designates red drum and spotted seatrout as game fish, the public input and fishery management plan process created by the Fisheries Reform Act will be bypassed along with the legislative oversight commission and executive branch checks and balances built into our system.

Health of the Stocks

There is no biological evidence that declaring red drum and spotted sea trout game fish will achieve sustainable harvest. Through the fishery management plan process there are alternatives available to achieve sustainable harvest while providing fair and equitable allocation of our fishery resources.

Presently, the N.C. Red Drum Fishery Management Plan has ended overfishing and recovery is well underway. Along the East Coast, North Carolina presently ranks first in commercial landings and second in recreational landings. Both commercial and recreational fishermen played key roles in the plan’s harvest reduction strategies and should equally share in the recovery benefits.

A recent stock assessment indicates spotted seatrout are overfished. A fishery management plan is being developed by the Marine Fisheries Commission to address issues with this fishery and implement measures to rebuild this important stock.

The Marine Fisheries Commission will be discussing options for interim rules at its May 28 business meeting in Pine Knoll Shores. These options may include consideration of harvest reduction strategies and conflict resolution measures. If the commission moves forward with interim rules, they will be presented to the public at regional committee meetings and voted on at their August meeting, well in time to deal with the upcoming fall/winter fishery.

Commercial and recreational spotted seatrout landings were relatively equal until 2004, when recreational landings increased dramatically. Recreational fishermen currently take approximately 75 percent of North Carolina’s spotted sea trout harvest. Commercial landings and effort have declined since 1991 and are at their lowest levels in recent years. The stock assessment indicates the greatest source of mortality in the fishery occurs in the recreational fishery. Consequently, harvest reduction strategies must focus as much on the recreational fishery for the plan to be effective.

Significant conflicts have arisen over the past several years between gill net fishermen and recreational anglers in coastal waters. Designation of red drum and spotted seatrout will not completely resolve these conflicts. Gill net fishermen will continue to fish the same areas for other species and conflicts will likely continue and perhaps escalate as a result of a game fish decision. Part of the intent of the developing fishery management plan will be to address these conflicts.

Concerns expressed about the lack of spotted seatrout for recreational fishermen appear inconsistent with the data. Along the East Coast, recreational fisheries account for the majority of the landings with 85 percent of the total harvest. North Carolina ranks number 1 in both recreational and commercial spotted seatrout landings.

Gamefish designation will result in increased discards. This means red drum and spotted seatrout will still be caught by commercial gear being used to catch other types of fish. Red drum and spotted seatrout taken as bycatch in these other fisheries will have to be discarded, resulting in waste. We will not be able to determine how many of these fish are being thrown away and that will impact the accuracy of our future stock assessments.

Economics

Game fish status will cause a definite economic loss to the commercial industry, but whether there will be offsetting economic gains by the recreational fishery is unknown. There is no evidence that providing sole access to these two species for recreational fishermen will generate positive economic benefits to the state. Some advocates of this bill believe that new saltwater anglers will appear or that existing anglers will increase their efforts if the commercial fishing industry is eliminated from these fisheries. A recent survey of recreational fishermen by the DMF found that competition with commercial fishermen ranks 10th out of 11 issues that affect fishing behavior. Saltwater anglers worry most about water quality, fuel prices, and finding enough time in their own lives to fish.

Mitigation

HB 918 directs the Marine Fisheries Commission to make payments from the North Carolina Marine Resources Fund to commercial fishermen for financial losses due to the designation of red drum and spotted seatrout as coastal game fish. This fund, created by the General Assembly, is supported by sales from the Coastal Recreational Fishing License to “manage, protect, restore, develop, cultivate and enhance the marine resources of the state”.

Making mitigation payments to commercial fishermen will not accomplish the goals set forth by the General Assembly when they created this fund and jeopardizes federal funding sources used to manage the resource by both the DMF and the Wildlife Resources Commission.

Finally, the Marine Resources Fund supports a grant program to manage and enhance the marine resources of our state based on sound science and strategies. Funds have been obligated, in some cases for multiple years. There simply may not be enough money in the fund to honor our existing contracts, maintain the grant program and make proposed mitigation payments. Conclusions

North Carolina manages its fisheries to provide opportunities for both commercial and recreational fishermen. It is neither necessary nor consistent with our process to go the route of South Carolina, Georgia, and Florida by designating game fish status or net bans.

The Fisheries Reform Act of 1997 has provided a national model for fisheries management and provides a fair and equitable approach to managing our fisheries for both sustainability and equity with unmatched public involvement.

The red drum fishery management plan is in place and working. Overfishing is not occurring and abundance is increasing, providing a viable recreational fishery and a controlled commercial bycatch fishery.

A spotted seatrout plan is being developed through our prescribed process. Interim rules may be implemented this year. The Joint Legislative Committee on Seafood and Aquaculture and the DENR secretary will have the opportunity to review and comment on the plan prior to public hearings on the final rules. This is the approach we support.

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