THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Friday, December 1, 1995 TAG: 9512010230
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY PAUL SOUTH, STAFF WRITER
DATELINE: HATTERAS VILLAGE LENGTH: Medium: 75 lines
The debate between North Carolina officials and the Commerce Department over a federally imposed ban on the taking of weakfish may wind up in U.S. District Court.
Robert Lucas, chairman of the North Carolina Marine Fisheries Commission, said at the start of a two-day meeting of the panel here Thursday that unless a compromise is reached between state and federal regulators on the weakfish issue, North Carolina will seek a preliminary injunction to block the ban.
Last month, the Commerce Department announced that it would temporarily prohibit the taking of weakfish - commonly known as gray trout - in federal waters from Maine to Florida. The new regulation would take effect Dec. 21. Federal officials say the moratorium is necessary to allow the stock to recover from overfishing.
Under the state's proposed compromise to avoid the ban on weakfish, the size limit for gray trout would be increased from 10 to 12 inches. The state also would prohibit the use of flynets in waters south of Hatteras Village.
North Carolina Division of Marine Fisheries Director Bruce Freeman said that while the federal ban may look good on paper, previous federal prohibitions aimed at increasing species populations, instead, have resulted in a drop in fish stocks.
``We think that what we're proposing will do more to increase the fish population than what the Commerce Department is proposing,'' he said. ``In the past, when a ban has gone into effect, it resulted in a lot of dead fish.''
Today the commission is scheduled to take up the flynet ban.
While the commission mulls the possibility of court action, the North Carolina Fisheries Association may beat the state panel to the punch. Jerry Schill, executive director of the NCFA, said that his organization may file suit in U.S. District Court in Norfolk as early as next week.
In other action, Lucas said that there will be ``hell to pay'' if commercial and recreational fishing interests do not work together in finding solutions to problems of water quality, development and other fisheries-related issues after the moratorium on commercial fishing licenses is lifted in 1996.
However, at least one commercial fisherman was skeptical, and called for Lucas to resign from the commission.
Willie Etheridge of Wanchese, who wants Lucas to quit, also called for an investigation into the makeup of the commission's committees, which he claimed were biased against consumers.
``The consumer is not represented on these committees,'' Etheridge said. ``He is affected by what this committee does. I think there needs to be a consumer represented on these committees.''
In other action Thursday:
The commission tabled a proposed $250 fee for pound net licenses. Commercial fishermen and their families argued against the proposal, saying it would cause an economic hardship. The NCMFC also tabled a proposed definition for pound nets.
The commission approved an evidence disposal rule. Under the new regulation, it would be a violation for fishermen to dispose of evidence when approached by law enforcement officers for inspection.
Commissioners defeated a proposal which would have limited the recreational taking of flounder using gigs. The proposal would have limited recreational anglers fishing in sounds to eight flounder per day.
Today, the commission is expected to take up a request by the Southern Shores Town Council concerning a ban on the use of purse seines to take menhaden. ILLUSTRATION: Color photo by DREW C. WILSON, Virginian-Pilot
The North Carolina Marine Fisheries Commission, above, decided
Thursday that it may have to take a dispute on a weakfish ban to
court. Also, Robert Lucas, below, commission chairman, said
commercial and recreational interests must cooperate on water
quality.
by CNB