THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Sunday, September 29, 1996 TAG: 9609260218
SECTION: CAROLINA COAST PAGE: 18 EDITION: FINAL
TYPE: COVER STORY
SOURCE: Story by ELIZABETH THIEL
LENGTH: 148 lines
They've been called just about everything.
Fish cops. Fish fuzz. Grouper troopers.
It's all part of the job for the 57 officers of the North Carolina Marine Fisheries Division, charged with enforcing a nearly inch-thick book of state regulations on recreational and commercial fishing.
They patrol beaches, piers, inland waterways and coastal waters up to three miles offshore, making sure people hunting the sea's edible treasures don't get too greedy.
In trucks, boats, planes and helicopters, they cover about 2.5 million acres of water statewide - and 4,000 miles of shoreline.
Almost everything that lives in state waters has a rule attached to it.
Officers say many people, particularly tourists who hit the Outer Banks with fishing poles in hand, don't realize that.
``A lot of people just don't know,'' said George O. ``Skip'' Wescott Jr., a 37-year-old Nags Head resident who has patrolled the Outer Banks from Whalebone Junction to the Virginia line for 14 years. ``They come down here and think they can just catch whatever they want.
``We don't want to scare people with what we do. We just want them to do right, so there'll be something out there for them to catch when they come back next year.''
The regulations, set by the state legislature, the Marine Fisheries Commission and North Carolina's fisheries director, are designed to protect the state's seafood stocks from too much harvesting.
They're revised every year - and they can be complicated.
There are size rules for fish and crabs, which vary depending on the species. Anything smaller than the minimum must be thrown back.
There are limits on how much seafood can be harvested on a fishing trip. There are specifications for how crab pots must be constructed. There are waterways where it's illegal to gather certain types of seafood, because of pollution or an effort to protect shellfish hatcheries.
For commercial fishermen and seafood dealers, there are permits and licenses. Dealers must have documentation for every stop on a catch's journey from its watery home to a dinner plate.
The stakes can be high for those who break the rules.
Violators can be fined and, in some cases, hauled off to the magistrate's office. Commercial fishermen can have their licenses suspended or taken away. Their catches, boats and equipment even can be confiscated.
Officers have a little latitude to decide which punishments to dole out. But the law is the law. Ignorance is no excuse.
That's caused tension in some cases. Fishermen, who also must follow national rules and answer to federal authorities in waters outside the state's purview, are sensitive to heavy regulation.
Many have complained that the state's rules are too complicated, and officers sometimes are overzealous in their enforcement.
Recreational and commercial fishermen also have been at odds over who gets the brunt of the fish cops' attention.
``I'm not against the enforcement, as long as they do it consistently and fairly,'' said Frank M. Folb, 53, owner of Frank & Fran's Fisherman's Friend, a tackle shop in Avon.
At the heart of the controversy is the question of whether the rules do what they're supposed to do: protect fragile fisheries from destruction.
According to a state report, only 13 of 36 important fish and shellfish stocks now are considered healthy.
State legislators two years ago heeded that concern and formed a moratorium steering committee. This fall, committee members will make recommendations to the legislature for overhauling the state's fishing regulations. The public was given a chance to comment on the preliminary recommendations during 19 public meetings held around the state in September.
Folb was on a panel of representatives from the recreational fishing industry which advised the committee. Whatever the legislature decides to do with the committee's recommendations, Folb said he hopes it will simplify the system.
``The jumble of rules that's in effect now, nobody can get in touch with it and understand it,'' Folb said.
Andy D. McCann, owner of the Nags Head Fishing Pier, said the state does a poor job now of educating people on the rules. State officials distribute fliers to the piers, listing the size limits on fish. But McCann said there are never enough of the handbills to go around. And the list does not include pictures of the fish, which would be helpful for tourists who are unfamiliar with different species.
The state provides an 800 number for people to call and order a free copy of the regulation book, said Nancy D. Fish, spokeswoman for the Division of Marine Fisheries. Michael G. Buhl, deputy director of the Marine Fisheries division, can be reached at the same number by people who want to complain about the regulations or their enforcement, Fish said.
Enforcement officers also try to help teach the public about the rules, Fish said.
``They're kind of our front line for education as well as enforcement,'' she said.
Still, McCann said he suspects many people have avoided recreational fishing because they're worried about inadvertently violating the rules.
``It scares off the tourist types, the ones who've never fished,'' McCann said. ``These officers need to be teachers as well as enforcers.''
Another thing that's intimidating to fishermen, McCann said, is the demeanor and dress of the officers.
``You have different types of attitudes with the Marine Fisheries officers,'' McCann said. ``You have some who ask if they can check the coolers. Then you have others who are stonefaced, aren't personable at all.''
Officers wear uniforms and sidearms. Unlike regular police, Marine Fisheries officers are not required to suspect that a violation has occurred before they can check coolers, boats and street vehicles carrying seafood or fishing equipment.
``People out here, most of them are fishing for fun,'' McCann said. ``I think they could use a little friendlier uniform. They could leave the guns in their vehicles, and maybe wear something a little more casual. They don't need this macho, high-profile type of look.''
Fishing industry representatives hope some of their concerns about how the rules are enforced will be addressed when state fisheries director Bruce Freeman hires a chief for the law enforcement division.
Officers have been without a permanent leader since February, when Fred Swain was fired without explanation after 30 years with the state agency. The enforcement division's No. 2 man, Doug Freeman, has been acting chief.
``We're hoping that they're going to name someone soon,'' Fish said. ``I would hope within the next month.''
Officer Wescott said he agrees with those who say his department could do a better job of educating people.
``A lot of people don't know the limits,'' he said. ``They don't even know the fish. And that's bad.''
Strolling up and down the Outer Banks piers in the summertime, Wescott stops to chat with fishermen about what they've caught, and asks if he can check inside their coolers. He's looking for fish that should have been thrown back. He can size most of them by sight, without pulling out a ruler.
He finds nothing amiss.
The same is true when he swings by Billy's Seafood on Colington Road in Kill Devil Hills. A crabber is unloading his haul. At Wescott's request, another fisherman climbs aboard his weathered boat to produce a packet of licenses and permits. Everything looks to be within regulations.
Most people, Wescott believes, try to obey the rules. And officers want people to enjoy fishing, the officer said.
``We just want them to do it right,'' he said. MEMO: The North Carolina Division of Marine Fisheries will mail free
copies of its regulation book, which is updated each year. Call
1-800-682-2632. ILLUSTRATION: Photos, including color cover by DREW C. WILSON
Officer George O. ``Skip'' Wescott of the North Carolina Division of
Marine Fisheries meets two fisherman on a walking path as they leave
a favorite fishing spot near Off Island. Officers have the right to
search coolers and vehicles without obtaining a search warrant and
without giving a reason.
``Skip'' Wescott cruises the north point at Oregon Inlet. It's a
popular place where hundreds of anglers gather most days.
Armed with his measuring stick and accompanied by a crowd of curious
onlookers, Officer Wescott, in uniform, checks the catch of one
angler on the Outer Banks Pier at South Nags Head. by CNB