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RE: N.C. Commercial Trawler Striper Slaughter -

11K views 22 replies 9 participants last post by  Striperjim 
#1 ·
RE: N.C. Commercial Trawler Striper Slaughter -

Trawler kill thousands of stripers at Oregon Inlet

 
#2 ·
Re: Does this qualify as poaching or does it belong in another forum?

By Jeffrey Weeks
- Fish and Wildlife policy examiner

Jan 17 2011

Commercial fishermen trawling off of the Outer Banks of North Carolina are slaughtering thousands of striped bass in culling operations and tossing them overboard trying to keep larger stripers and remain under their 50 fish limit.
Both recreational anglers and smaller operation commercial fishermen have been aghast at the actions of the trawlers who are wiping out massive schools of stripers and discarding smaller fish to stay under the state 50 fish creel but maximize their profits.

A video has been posted on You Tube showing some of the thousands of floating dead fish left in the wake of the trawlers. (Post above this one) Outer Banks fishermen who are witnessing the fish kill have been taking to message boards and calling authorities to protest this striped bass massacre.
Its an atrocity, said Captain Aaron Kelly, a top striper guide with over 15 years of experience on the Outer Banks. Its gone on before but I think this was the first time it was in front of such a large crowd.
Captain Kelly said that the day before the video was shot he and the members of his charter followed one trawler for five miles leaving a long wake of dead stripers.
Its like they have an endless quota, he said. Under the actual numbers are so many dead fish. Its a frightful waste.
The striper trawling season is not set to close until this Saturday, January 20. The fishery can be closed earlier if a certain quota is reached, but the quota does not count the thousands of dead discards.
Captain JH Miller was on the water the day the video was made and called the scene disturbing.
I'm not anti-commercial fishing in the least bit, but there is no justification for leaving miles and miles of dead fish out there, said Captain Miller. These were legal-sized fish just thrown away to die.
Striped bass have to be 28 inches in size to be kept legally, and all of the charter captains confirmed that among the thousands of dead stripers were many that were over 28 inches and in the 15 pound range and higher.
Captain Ray grew up in the area and has fished the Outer Banks for decades.
Its happened before but this year is the worst I've ever seen it, said Captain Ray. I saw three huge masses of dead stripers from Nags Head to Kitty Hawk. It would be so much simpler if they were allowed a certain amount of pounds and would come in when they caught that many. I have no clue about why they allow this kind of sickening discard.
Because the trawlers are inside the federal 3 mile limit and not keeping over 50 stripers they may not be technically breaking the law by killing scores of dead fish and throwing them overboard in order to keep netting.
Both Captain Kelly and Captain Ray said the Coast Guard was flying planes and helicopters very low over the area and must have seen the carnage. The Coast Guard has been closely monitoring recreational and smaller commercial fishing boats during the striper season.
Captain Miller said he called the Division of Marine Fisheries hotline for violations today and was told no one was working.
Even if they are not breaking the law you'd think the Coast Guard could get on for just the pollution like they do the menhaden boats, said Captain Ray.
The charter captains said that some recreational boats simply gaffed some of the legal stripers and took them aboard to count towards their limits so the fish would not be wasted.
Commercial fishermen talk about protecting their livelihood all the time, said Captain Kelly. But these big stripers they're throwing out dead, that's their livelihood right there.
 
#4 ·
DMF releases statement about striped bass trawler slaughter on the Outer Banks

DMF releases statement about striped bass trawler slaughter on the Outer Banks
By Jeffrey Weeks
The NC Division of Marine Fisheries (DMF) has issued a statement regarding the thousands of striped bass killed and thrown overboard during commercial trawling activity off the Outer Banks in the last few days.
Patricia Smith, the public information officer of the DMF, released the following statement in response to questions for the DMF and its director Dr. Louis Daniel
The NC Division of Marine Fisheries is investigating reports of numerous dead striped bass floating in the ocean waters in northern Dare County areas.
The estimates of the numbers of dead fish have ranged from in the hundreds to in the thousands. The division is trying to determine the actual extent and cause of this event. However, the fish appear to be discards from fishing activity.
There was extensive commercial and recreational striped bass fishing in these waters over the holiday weekend. Both commercial and recreational fisheries have had issues with discards of striped bass in the past. However, this is the first time in several years that striped bass have migrated this close to the shore.
The commercial striped bass trawl fishery is scheduled to close at 6 p.m. Thursday. The division will evaluate the effort and landings in this fishery to determine if quota remains and if the fishery should reopen. The division will also consider if alternative management measures could be used to prevent future discard mortality."
The statement was released in response to the article I ran yesterday about the thousands of striped bass slaughtered off of the Outer Banks due to "culling" during the activity of these trawlers. Some recreational charter captains also contacted the DMF about the long wakes of dead stripers.
Charter captains continue to contact me about the miles and miles of dead stripers left in the wake of the striper trawlers.
I will say that the one fortunate thing about striped bass migrating closer to shore this year is that so many witnesses were on hand to document this wasteful practice. Everyone, now including the DMF, admits this goes on every year and yet no one has ever done anything about it.
Now that there is photographic and video evidence of the many legal size stripers that are being killed and culled off the Outer Banks there is at least a chance something will be done eventually.
It does not look like the big striper kill will end until 6 p.m. Thursday at the earliest, but I hope after that the DMF, the Marine Fisheries Commission, and the Coast Guard address this problem in a more direct fashion

Continue reading on Examiner.com: DMF releases statement about striped bass trawler slaughter on the Outer Banks - Charlotte Fish and Wildlife Policy | Examiner.com http://www.examiner.com/fish-and-wi...er-slaughter-on-the-outer-banks#ixzz1BQoFpTX6
 
#5 ·
Re: Commercial trawlers slaughtering thousands of striped bass off the Outer Banks

Here is a letter going around people are sending or emailing to NC DMF, we need to have this stopped to protect the fishery.

louis.daniel@ncmail.net

Louis Daniels PhD
NC DMF
3441 Arendell Street
PO BOX 769
Morehead City, NC 28557-0769

Dear Dr. Daniels - The world is now aware of the terrible misuse of the striped bass resource caused by the commercial ocean trawl fishery off the North Carolina Outer Banks. These fish are worth considerably more per pound if allocated to the recreational fishery in North Carolina than when taken by commercial harvest. But if the practice of commercial fishing for striped bass must continue in NC, certainly the participants should never be allowed to cull and high grade these fish. It is already too late to save the thousands of large striped bass wasted by this fishery during the 2011 winter season, but we hope that you will use the power of your office to keep this from happening in the future.

Sincerely;
 
#6 ·
Re: Commercial trawlers slaughtering thousands of striped bass off the Outer Banks

everybody I know, capt'n,comm fishing, and rec angler has written e-mails or called and voiced there concern to the NCDMF, including myself. I can pretty much gaurantee there will be changes in the future. The bad thing about this, well it may have been a good thing to get it stopped, is the fish washing to shore, and grandma and other citizens realizing what's going on. This is how I know something will happen although a funny deal. We or Hatteras Island has been fighting to keep beaches open for fishing due to Piping Plovers, I mean if they are going to waste time to save a stupid bird one would think actions would be taken here. In the mean time all I can do is go pick up dead fish, and not let them all go to waste. Fish Fry anyone. sorry I know that was uncalled for.backup.gif
 
#11 ·
Re: Commercial trawlers slaughtering thousands of striped bass off the Outer Banks

The following letter has been sent to each member of the advisory comitteee.
http://www.ncfisheries.net/mfc/ncmfcom.htm
Dear Sir

RE: The latest high-gradeing fiasco at the outerbanks.

The wasteful practice of high grading off of commercial trawlers have been captured on a video that has been posted on YouTube.
The notion is making everybody who is in any way shape or form ethical, ill.
I and my entire community are furious and something needs to be done and soon.
This fishery is headed for a monumental collapse no matter what the ASMFC says.
We fish - every season, every year and our log books show the decline.
We strongly advocate the practice of catch and release, then we have to watch a video like this, again.
It' sickening. It goes on all the time and needs to be stopped. Period!

Jim Hannan
16,000 + members
stripers247.com
Our allcoast network represents over 100,000 members.
 
#13 ·
Re: Commercial trawlers slaughtering thousands of striped bass off the Outer Banks

Follow up letter
An amended copy was also sent to Dr. Louis Daniels.
louis.daniel@ncmail.net

RE: Atrocious.

Thanks Mac - Your the only member of the panel who responded. I sent letters to the entire committee.
Did anything come out of the meeting outside of rhetorical BS and hollow claims about recreational discard? I'm willing to bet that it was dismissed as the a minor problem that will go away as the season is over and the outcry has died down. It appears that the only way to "make sure incidents like this do not occur again", is to ban the use of trawling as a means of catching these fish and the use of gill nets entirely. If the commission doesn't act on this we will be forced up ratchet up the call for gamefish status.
Maryland shut down their gill-net fishery in the wake of 10,000 tons of plundering.
The chairman and the entire marine fisheries committee needs to work on the solution not place blame or minimize it as rogue entities and isolated incidents.
I do hope that the member who owns a commercial trawler recused himself from this discussion as it is obviously an ethical violation and a conflict of interest.
Thank You for your attention and shared concern.
Jim Hannan

Representing the members of www.stripers247.com and the allcoast network.
 
#14 ·
Re: Commercial Trawler Striper Slaughter -

Response from Dr. Daniels

Dear Jim,
The MFC voted 7 to 2 (all commissioners voted) to re-open the trawl fishery one day at a time with ramped up marine patrol and 30 minute tow times. They also asked me and my staff to work up some options for rulemaking to move toward a commercial hook and line fishery. We should be issuing a press release on Monday.
Thanks for your interest,
Louis
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.
________________________________________
 
#15 ·
Re: N.C. Commercial Trawler Striper Slaughter -

The nine members are appointed by the Governor

Well apparantly Mikey Daniels voted.

Daniels, Mikey

Commercial Fisherman
A - 02/07/07
E - 06/30/12

Mikey Daniels is a commercial waterman who manages the Wanchese Fish Company. He sits on the MFC as a voting member, and has debated and voted about these issues in the past. He has a direct financial interest in the trawl fishery and owns one of the striper trawlers that participates in it.

Executive Order 34 orders that in transacting board business, each person appointed by the governor shall act always in the best interest of the pubic without regard for her or his financial interests. To this end, each appointee must recuse herself or himself from voting on any matter on which the appointee has a financial interest. 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 consistent with Executive Order 34, the commissioner should inform the chair of the commission in accordance with N.C.G.S. 138A-15(e).
 
#16 ·
Re: N.C. Commercial Trawler Striper Slaughter -

One more letter to everyone on the panel

I have to say that the clown who voted to keep the fishery open is being reported to the ethics committee. In clear violation of the conflict of interest laws. ( that would be Mikey Daniels who operates and owns a commercial fishing trawler and seconded Dr. Daniels motion.)
Are the two Daniels Related? The good Dr. is going to need his attorney at the ethics hearing.

Those of you who responded with shared concern are to be commended. We all thank you.
The CCA in North Carolina is working to ban the gill nets and trawlers and we are pushing heavily along with stripersforever.org for coastwide gamefish status. You have mismanged this fishery to the brink of disaster and you need to be censured and fired even jailed. What you do in your overwintering grounds affects the entire east coast.
And frankly we've had it.
Executive Order 34 orders that in transacting board business, each person appointed by the governor shall act always in the best interest of the pubic without regard for her or his financial interests. To this end, each appointee must recuse herself or himself from voting on any matter on which the appointee has a financial interest. 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 consistent with Executive Order 34, the commissioner should inform the chair of the commission in accordance with N.C.G.S. 138A-15(e).
jim hannan
 
#18 ·
Re: N.C. Commercial Trawler Striper Slaughter -

I have fired off a few missiles as well Jim. A few callous and arrogant acts in NC and MD are really bringing people together on this one. Outstanding letter.
 
#19 ·
Re: N.C. Commercial Trawler Striper Slaughter -

Heres some interesting followup and fallout.

Dr. Daniels wrote me back and forwarded my response to Nancy Fish The North Carolina Marine Fisheries laison.

Sir, I am the fisheries director, Louis Daniel. I do not make motions and have no vote on the commission.
Louis Daniel
 
#20 ·
Re: N.C. Commercial Trawler Striper Slaughter -

Dr Daniel

Yes I realize that i spoke out of turn - You are there to implement the commissions decision. You declared at the outset you would not reopen the fishery unless the MFC ordered you too.
I suppose it would be chairman Bizzells duty to make sure there was no conflict of interest.
Upon discovering a conflict consistent with Executive Order 34, the commissioner should inform the chair of the commission in accordance with N.C.G.S. 138A-15(e).
MFC member Bradley Stryon made a motion to re-open the fishery. Mikey Daniels actually seconded the motion, since no one else spoke up to do it.
The MFC motion to order the striper trawlers back out again was in part written BY THE TRAWLER INTERESTS themselves in open session of the MFC!
What a joke. As you can see we are livid over this and the Governor will be made aware of this little fiasco.
Respectfully
Jim Hannan
 
#21 ·
Re: N.C. Commercial Trawler Striper Slaughter -

Dear Mr. Hannan:

Thank you for your recent inquiry regarding conflict of interest standards for the N.C. Marine Fisheries Commission.

The membership, appointments, terms and ethical standards for the Marine Fisheries Commission are set out in G.S. 143B-289.54., which can be found beginning on page 199 of North Carolina Rules for Coastal Fishing Waters 2009 at http://www.ncdmf.net/download/2009_MFC_Rulebook.pdf or at the N.C. General Assembly's web site at http://www.ncga.state.nc.us/ . As with many regulatory commissions, individuals whose activities are regulated by the commission are required to make up a certain portion of the membership. In the case of the Marine Fisheries Commission:

· Three members are required to be commercial fishermen, with one of those being a licensed dealer, processor or distributor;
· Three members are required to be recreational fishermen, with one of those being involved with the sports fishing industry;
· One member is required to be a fisheries scientist; and
· Two members hold at-large seats.

There are also residency requirements and earned income thresholds set out in the statute.

The nine-member commission is appointed by the governor, with commissioners serving three-year terms. The governor also appoints the chairman of the commission.

Ethics and conflict of interest standards can be confusing because some commissions adhere to standards set forth in various statutes and others by standards in executive orders. Executive Order 34, issued by Governor Bev Perdue on Dec. 9, 2009, does set ethics and attendance standards for gubernatorial appointees. However, in 1997 the legislature enacted a specific conflict of interest standard for the Marine Fisheries Commission set out in G.S. 143B-289.54. The more particular provisions for Marine Fisheries Commission members are applied in determining when recusal from participation and voting is required. This provision reads as follows:

Voting/conflict of interest. -- A member of the Commission shall not vote on any issue before the Commission that would have a "significant and predictable effect" on the 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 advocacy 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 person. 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.

Under the State Government Ethics Act each member of the Marine Fisheries Commission is to make a diligent effort before participating in discussion and voting on a matter before the commission to determine whether the member has a conflict of interest. In the case of the Feb. 11, 2011 Marine Fisheries Commission action on the commercial striped bass trawl fishery, Commissioner Mikey Daniels determined, prior to participating in the consideration and determination of the matter, that the issue would not have a "significant and predictable effect" on his financial interests to preclude him from participating in the discussion or votes because a decision by the commission would not result in "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."

If you would like to contact the N.C. Ethics Commission to confirm the information I have provided, please direct your inquiry to:

N.C. Ethics Commission
1324 Mail Service Center
Raleigh, NC 27699-1324

(919) 715-2071; Fax (919)715-1644
ethics.commission@doa.nc.gov


Thank you for your interest in the management of North Carolina's marine and estuarine resources. If I can be of further assistance to you in this matter, please contact me at nancy.fish@ncdenr.gov or by calling 252-808-8021.

Sincerely,
Nancy Fish
 
#22 ·
Re: N.C. Commercial Trawler Striper Slaughter -

In the case of the Feb. 11, 2011 Marine Fisheries Commission action on the commercial striped bass trawl fishery, Commissioner Mikey Daniels determined, prior to participating in the consideration and determination of the matter, that the issue would not have a "significant and predictable effect" on his financial interests to preclude him from participating in the discussion or votes because a decision by the commission would not result in "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
What a bunch of B.S.

I would have to say its not the high grading or the poaching or the illegal nets. Its just plain and simple mismanagement - period.
 
#23 ·
Re: N.C. Commercial Trawler Striper Slaughter -

Response from Mac 2/20/11
To be clear, Dr. Daniel is the director of DMF. He is not on the MFC and cannot make motions.

We will be trying to allow and encourage hook and line harvest by the commercial sector for next year. and i will continue to pursue getting the trawlers out of the fishery.

mac currin
 
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