THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, May 13, 1995 TAG: 9505130251
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY BETTY MITCHELL GRAY, STAFF WRITER
DATELINE: RALEIGH LENGTH: Medium: 85 lines
One key coastal legislator decided this week that North Carolina should not take any immediate steps to withdraw from a 15-state compact that manages migratory fish.
Sen. Beverly M. Perdue, a Craven County Democrat, let a critical Thursday deadline expire in the General Assembly without pushing for an immediate withdrawal from the Atlantic States Marine Fisheries Commission.
Two weeks ago, Perdue filed a blank bill, or legislation without any text, to give herself and staff members time to evaluate whether withdrawing from the compact would be in North Carolina's best interest.
While Perdue's bill is probably dead for the session, the issue of withdrawal from the ASMFC could resurface next year, when a committee expected to study the idea is to report its findings.
Perdue was out of the state Friday and not available for comment. But on Wednesday in Raleigh, she said proponents of withdrawing had not answered key questions about the legal ramifications of the move.
To pursue legislation to withdraw from the ASMFC without those answers would not be in the state's best interest, she said.
Most commercial fishermen in Carteret, Craven and Pamlico counties, which encompass Perdue's 3rd District, had pushed hard for immediate withdrawal.
``I know that her commercial fishing constituents won't be happy,'' said Jerry Schill, executive director of the state Fisheries Association. ``At the very least, she could have pursued a bill to study the issue and put the Senate on record with the House.''
But most of the state's other coastal fishing interests - including the sports fishing community as well as top fisheries regulators - applauded Perdue's decision not to pursue the legislation.
Robert V. Lucas, chairman of the state Marine Fisheries Commission, said Friday from his law firm in Selma, ``It's a real credit'' to Perdue that, in light of the pressure from the commercial fishing industry, she did not pursue withdrawing.
``I think it would be a big mistake for the resource and the fishermen of North Carolina to withdraw from the Atlantic States,'' Lucas said. ``But I also believe that her concerns about the Atlantic States are legitimate.''
Most lawyers with expertise in fisheries and environmental issues agree that North Carolina would be required to comply with the ASMFC's fisheries management plans even if the state withdraws from the compact.
They also generally agree that North Carolina would lose most or all of its voting privileges if it withdraws.
But some coastal fishing interests do not agree.
In its recent newsletter, the Fisheries Association, a commercial fishing trade group, cited one opinion that maintains the legislation creating the ASMFC is unconstitutional and that states do not have to comply with its mandates.
But Perdue and others said that opinion was written by a law student for a school publication and could not be relied upon by the state.
For now, discussion over the state's participation in the ASMFC switches to the House of Representatives. Last month, Rep. Jean R. Preston, a Carteret County Republican House member, introduced legislation calling for a one-year review of withdrawing from the commission by a joint panel that studies seafood and aquaculture.
Preston's bill requires the committee to report its findings to the legislature in May 1996.
But Preston's bill also has its critics.
Lucas said the scope of the study is too limited. He said legislation should include a study of the effectiveness of the ASMFC and what reforms are needed to make North Carolina's participation more meaningful.
``I think, in its present form, it's not very helpful,'' Lucas said of the house bill. ``It's just more of a political move to satisfy certain groups that that issue is being looked at.''
Schill agreed.
``There's not a heck of a lot to study,'' he said.
Earlier this year, the Virginia legislature approved a measure calling for withdrawal from the ASMFC in 1996.
Since then, commercial fishermen throughout eastern North Carolina have advocated a similar move for their state.
Commercial fishermen say the ASMFC has not lived up to its statutory obligations to hold public hearings and to involve commercial fishermen in developing fisheries management plans.
KEYWORDS: ATLANTIC STATES MARINE FISHERIES COMMISSION by CNB