Tighter requirements for commercial fishing licenses proposed

By on January 22, 2018

(N.C. Division of Marine Fisheries)

A proposal to tighten the requirements to get a commercial fishing license in North Carolina is nearing review by the state Marine Fisheries Commission following recommendations from a committee last week.

But any changes to the rules for being able to carry what is known as the Standard Commercial License would require the final approval of the N.C. General Assembly.

The panel, which was made up of commission Chairman Sammy Corbett, a commercial fisherman and dealer, recreation member Chuck Laughridge and scientist Mike Wickre, has submitted a list of five requirements. They will be subject to public comment before their presentation to the full commission at its February meeting in Wrightsville Beach.

Corbett noted in a press release from the Division of Marine Fisheries following the Jan. 11 meeting that the committee’s proposals “are not etched in stone.”

While the group’s meeting last week in Morehead City was open to the public, concerns have been raised over how they came about the proposal.

Because the committee was composed of just three commissioners, work on the plan took place in a less-than -open environment, according to some commercial industry advocates.

The meeting lasted just 30 minutes before the options were read into a motion, causing many to feel that the decisions were made outside the public’s eye.

Supporters of making changes to the rules, including Corbett, say that a number of recreational fishermen buy the $400 commercial license simply to get around catch limits, and then never sell what they catch.

“And if that in fact is happening, then it is an enforcement issue,” said Outer Banks Catch Chairperson Sandy Semans Ross. “Commercial fishing vessels must have a registration number on the vessel so they are easily spotted.”

“If a boat docks with a large catch and there is any question, Marine Patrol can ask who they are selling to and request a copy of the Trip Ticket when sold,” said Ross, who heads a group that promotes selling and serving locally-sourced seafood in stores and restaurants.

Commercial fishermen must submit what is known as a “Trip Ticket” to the state each time they work on the water, detailing how much seafood they catch and sell.

There have been claims that high-end sports fishing boat owners may actually be skirting state tax law by carrying a commercial fishing license, and using it to claim exemptions for the vessel, gear and other items.

Ross said the state Department of Revenue could solve that issue just by checking income tax returns.

“If it’s enough not to be considered a hobby, there are probably some pretty strong fines they can levy as well as recoup sales taxes exempted in the past,” Ross said.

Note: Ross is also a longtime journalist covering the Outer Banks, and contributes stories to The Outer Banks Voice on fisheries and other issues.

While around 2,973 licensed fishermen sold their catch last year, at least another 4,000 license holders did not, according to Division of Marine Fisheries statistics.

Many in the industry dispute that, and say a number of licenses holders who have left the business simply pay the fee each year so they don’t lose them if, or when, the state tries to change the rules.

Or they hang on to them in case their children or grandchildren decide to work on the water, and want to save them the hassle of just getting the permit.

However, there is a more common reason why a number of commercial license holders never fill out a Trip Ticket with their license number on it at a fish house when they sell the day’s catch.

“Many license-holders, especially on small boats, began working together so that they could cut expenses when gas was so high,” said Ross. “When they sell to a dealer, the catch goes under one name and then they split the check.”

That means only one person will have their name on the Trip Ticket but they are both commercial fishermen. Also many license-holders occasionally fish on their own but then help someone else a majority of the year.

“They are still full-time fishermen, but their names don’t appear on Trip Tickets,” according to Ross. “Number of trip tickets shouldn’t be used to try to determine how many active fishermen there are.”

The Coastal Conservation Association of North Carolina, a recreational fishing lobbying group, is among those in favor of wholesale changes to the licensing policies.

The organization said in an email newsletter sent prior to the Jan. 11 meeting that changes to the process would close loopholes that allow commercial licenses to be sold or assigned on the open market.

“The debate should be about improving the opportunities for full-time commercial fishermen, and easing the stress on an overexploited resource,” said CCA Executive Director David Sneed. “But go ahead and get ready for the predictable cry about how this will mean you will no longer have access to fresh, local seafood.”

In an email to General Assembly leaders on Jan. 9, Jerry Schill, director of Government Relations for the North Carolina Fisheries Association Inc., which lobbies for commercial interests, questioned the effort.

“Despite the overwhelming opinions of commercial fishermen that favor the current definition, a vocal minority keeps pushing an effort to further curtail the numbers of commercial fishing licenses in North Carolina,” Schill said.

“This one issue has been debated often over the years with the result always being to leave it alone,” Schill added.

In the same email, Schill asked lawmakers to reinstate a joint House and Senate committee to provide more oversight of marine fisheries issues.

The proposals from the committee include requiring 50 percent of earned income from the Trip Ticket Program.

Fishermen would have to submit at least 36 trip tickets per year to remain eligible for the license.

And to address issues for crew members who do not have individual trip tickets, but are bona fide commercial fishermen as crew or any commercial fishing interest in North Carolina or outside the state, they would have to provide proof of income of $10,000 or more per year derived from the industry.

The proof of income would come from a commercial fishing operation or company that conducts business in North Carolina.

The commission could decide if those three items can be adopted as stand-alone policies, or combine any or all of them.

An Inactive Standard Commercial Fishing Licenses that does not meet any of the above requirements with a three-year running average, would go back into a special pool.

They could then be reissued to the original holder, subject to commitment to any of the three proposals without going through the eligibility pool.

The state limits the total number of commercial fishing licenses issued each year, with first-time applicants having to essentially go through a lottery process known as the eligibility pool before they are granted a license.

The panel also wants to create a Heritage Standard Commercial Fishing License that families may want to maintain if they are inactive.

That license would cost $100 per year and may be reissued one time to a family member without going through the eligibility pool or any of the first three requirements.

If the re-issuance of the license is not wanted, a one-time fee of $100 will retire that license number.

“The real question is what are the really after,” said Ross. “Where did the 36 trip tickets come from? What about fishermen who just crab pot for peelers in late May or June?

“There is no professional license in the state the requires a certain portion of income from that profession in order to qualify,” Ross said.

Ross noted that some commercial fishermen who fish for market part of the year will also run recreational charters, and then are waterfowl guides during hunting season.

“These options could cause them to either do more commercial fishing or work less at their other occupations — basically, the state would be telling them how much income that they would be allowed,” Ross said.

Ross and others agree that the income dictate may be a violation of state and federal law.

Members of the public wishing to comment on the proposals may do so during the regular comment period at the Feb. 14-15 commission meeting at the Blockade Runner Beach Resort in Wrightsville Beach. The public comment period will begin at 6 p.m. Feb. 14.

The public may also comment by email to CommercialLicensesComments@ncdenr.gov. Comments can also be mailed to Commercial Licenses Comments, N.C. Division of Marine Fisheries, Marine Fisheries Commission Office, P.O. Box 769, Morehead City, N.C., 28557. Written comments must be received by Feb. 9.




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Dare County Tourism Board

NOTICE IS HEREBY GIVEN that the Visitors Bureau will hold a public meeting to review the plans for an Outer Banks Event Center. The meeting will take place on Monday, June 6, 2022 from 9:30 a.m. to 11:00 a.m. at the Keeper’s Galley building at Haven on the Banks, 115 Dove Street, Nags Head North Carolina 27959.

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  • Jericho Maguire

    The CCA needs to be investigated. Chucks involvement with the CCA should be means for his termination. Drain the Swamp

    Monday, Jan 22 @ 8:31 pm
  • Mr Lee

    When will the assault on the commercial fishing in N.C. ever end. My family have been commercial fisherman in northeast N.C. for over 100 years. I let my license expire in the 80’s while I was raising my 4 children and could not depend on fishing to support my family. About 10 years ago I tried to get my license back. After several years and filling out ton of paper work I was denied several times. About five years ago I finally decided to just buy a license. I paid $1800 for my license and now I pay $480. a year to renew it. I am one of those people that seldom sell to the fish houses. Here is the reason why. I few years ago I decided to buy $3000 worth of net. I checked with the ncdmf on legal mesh size. I bought the legal size mesh. Three weeks after they opened the net season the ncdmf changed the legal mesh size that made my $3000 nets worthless, could not use them. It was financially devastating.I am not the only one this has happened to. So here is how I use my commercial license now. I crab and I fish only to support my rather large family. My family and friends put fish and shrimp in the freezer to eat year round. Commercial fishing is my families heritage, I spend many days on the water with my grandchildren showing them the way our family existed in the years past.
    I pay to be able to fish and crab I haven’t made a dime in a few years with my commercial fishing license but I want to keep it. I do feel cheated to pay the extra money on my license for the observer program when the fishing season is cut short by regulations and the observers are not needed.
    Thank you Ms Ross for keeping up on this and GOD BLESS OUR COMMERCIAL FISHERMAN.

    Tuesday, Jan 23 @ 9:14 am
  • glen montgomery

    Gotta love the comment in the article by CCA director David Sneed. Never knew this outfit to be concerned about the welfare of full time commercial fishermen. here is what he said; ““The debate should be about improving the opportunities for full-time commercial fishermen, and easing the stress on an overexploited resource,” said CCA Executive Director David Sneed. “

    Tuesday, Jan 23 @ 11:57 am
  • Really?

    Unbelievable, I don’t see how this could ever stand up in court. Limiting the number of licenses available to run a business may be okay but how can you require them to gross an arbitrary dollar amount or work arbitrary number of trips, hours or days? Seems crazy, it’s like telling a real estate agent they have to sell “x” dollar amount or sell “x” number of units to retain a real estate license?? Or how about requiring all the home builders to gross a certain dollar amount or build a certain number of homes??? Really? I don’t think so.

    Tuesday, Jan 23 @ 2:21 pm
  • BuddyRoe

    Hearsay has it appointment to the commission science seat will be held by the same individual who did work on and contributed to the shrimp trawl petition. Whether he profited from or not, Is there a conflict of interest there?

    Thursday, Jan 25 @ 6:46 am
  • David Sneed

    Are Janet Rose and Alison Willis members of the NCFA? I know Sammy Corbett is not only because he has stated this numerous times on public record.

    On what basis would you exclude a Recreational Fisherman from serving on the MFC because of membership in a conservation organization? Will the same criteria apply to a Commercial Fisherman that belongs to a commercial fishing trade organization? Does it apply to all organizations (Rotary, NC Realtors Assoc.) or just conservation groups?

    What does CCA need to be investigated for? Advocating for conservation? Guilty as charged.

    Thursday, Jan 25 @ 11:24 am
  • Ray Brown

    Buddy Roe.

    Why in the world would you purposely write such a statement that you know is untrue? The new science seat holder had absolutely nothing to do with the NCWF’s trawl petition and you know it.

    For every thing that Sandy Ross is trying to do to put integrity into the process, and foster serious discussion your continued posts of misinformation sets her back.

    I just don’t understand why you insist on saying and writing things that make it harder on commercial fishermen in the court of public opinion?

    Thursday, Jan 25 @ 12:09 pm
  • C.C. Mihovch

    This whole concept of questioning commercial fishing license holders is being pushed by the Coastal Conservation Association. Their main agenda is to attack commercial fishing as a whole,blame all the species issues and basically shut down the very livelihood of what founded this area and all coastal towns. They don’t care whom they hurt,but as long as they can continue to harass and badmouth the commercial fisherman as a whole,liberalistic people will jump on their band wagon and not look into the problems they cause, but will become part or the problem. It does’nt matter how many commercial licenses are renewed,the state gets the money regardless.Some of this money of course is filtered to the C.C.A. through Government channels and so the commercial fisherman’s own money is being used against them. We renew our fishing permits every year,but we have not been able to go fishing, is the state going to refund us? No,they take the money and etc.,etc. With the constant cost’s increases in fuel,bait ,insurance,etc.,many commercial guys can;t afford to fish alone,so they get a job on a commercial trawler, or work together and there will be no landing’s on their license. Please folks, support your commercial fisherman,contact your local government officials,let them know that commercial fishing cannot be constantly attacked and persecuted just to do their job and make a living.

    Friday, Jan 26 @ 12:26 pm