LEGISLATIVE RESEARCH COMMISSION REPORT TO THE 1979 GENERAL ASSEMBLY of NORTH CAROLINA FISHERIES RALEIGH, NORTH CAROLINA A LIMITED NUMBER OF COPIES OF THIS REPORT ARE AVAILABLE FOR DISTRIBUTION THROUGH THE LEGISLATIVE LIBRARY: ROOM 2126, 2226 STATE LEGISLATIVE BLDG. RALEIGH, N. G. 27611 PHONE: (919) 753-7778 STATE OF NORTH CAROLINA LEGISLATIVE RESEARCH COMMISSION STATE LEGISLATIVE BUILDING RALEIGH 27611 January 9, 1979 TO THE MEMBERS OF THE 1979 GENERAL ASSEMBLY: Transmitted herewith is the report prepared by the Committee to Study Fisheries of the Legislative Research Commission. The study was conducted pursuant to House Joint Resolution 1385 (ratified Resolution 88) of the 1977 General Assembly (First Session, 1977), and this report is submitted to the members of the General Assembly for their consideration. Respectfully submitted. CSixlL/J, Stewart, Jr< Co- Chairmen LEGISLATIVE RESEARCH COMMISSION -3- TABLE OF CONTENTS page Letter of Transmittal 3 Preface 7 Committee Proceedings 9 Appendices A. Legislative Research Commission Membership List A-1 Committee Membership List A-2 B. House Joint Resolution 1385 B-1 C. Witnesses Appearing C-1 D. University of North Carolina Sea Grant Publication.. d-1 E. Draft Resolution to Extend Fisheries Study E-1 -5- PREFACE The Legislative Research Commission, authorized by Article 6B of Chapter 120 of the General Statutes, is a general purpose study group. The Commission is co-chaired by the Speaker of the House and the President Pro Tempore of x.'he Senate and has five additional members appointed from each house of the General Assembly. Among the Commission's duties is that of making or causing to be made, upon the direction of the General Assembly, "such studies of and investigations into governmental agencies and institutions and matters of public policy as will aid the General Assembly in performing its duties in the most efficient and effective manner" (G.S. 120-30.17(1)). At the direction of the 1977 General Assembly, the Legisla- tive Research Commission has undertaken studies of numerous subjects. These studies were grouped into broad categories and each member of the Commission was given responsibility for one category of studies. The Co-Chairmen of the Legislative Research Commission, under the authority of General Statutes 120-30.10 (b) and (c), appointed committees consisting of members of the General Assembly and of the public to conduct the studies. Co-Chairmen, one from each house of the General Assembly, were designated for each committee. The Commission assigned the study to the Committee to Study Fisheries. Representative Thomas O. Gilmore was appointed to -7- chair the Committee. Upon the resignation of Representative Gilmore, Representative A. Hartwell Campbell was appointed as chairman. Senator D. Livingstone Stallings and Representative Joseph L. Bright were appointed co-chairmen. The membership list of the Legislative Research Commission and the Committee are attached as Appendix A. The study of the commercial fishing industry was directed by House Joint Resolution 1385 (ratified Resolution 88) of the 1977 General Assembly (First Session, 1977). The charge to the Committee in Section 1 of the Resolution is to study the problems which commercial fishermen face due to price instability in the marketing of fish. A copy of this Resolution may be found in Appendix B of this report. -8- LEGISLATIVE RESEARCH COMMISSION COMMITTEE ON FISHERIES Committee Proceedings The first meeting of the Legislative Research Commission Committee on Fisheries (hereinafter referred to as "the Commit- tee") was held on November 17, 1977 (all meetings were held in the Legislative Building in Raleigh) . The Committee was informed by the chairman. Representative Gilmore, of its function to study the problems of price instability in the commercial fishing industry. Representative Gilmore recognized former Representative Ronald Earl Mason who introduced House Joint Resolution 1385 directing that the subject be studied. Mr. Mason informed the Committee that price instability in marketing was the single greatest problem in North Carolina's fishing industry. Mr. Mason suggested that a marketing report program which had been estab- lished with Federal funds, but not supported by commercial fishermen, would be an aid in correcting the problem of price instability. Mr. victor Barfield, Assistant Secretary of the Department of Commerce, spoke before the Committee concerning the need for a uniform marketing program and state support for processing facilities. Mr. Barfield also informed the Committee that the marketing and promotion program which was established in the Division of Marine Fisheries in 1973, but deleted in 1975, was -9- intended to perform the same services to the fishing industry as Agricultural Extension Agents do for farmers. He indicated that refunding this program would aid market price stability. Senator Stallings, Committee co-chairman, distributed copies of a University of North Carolina Sea Grant Newsletter article which discussed the problem of skates and rays destroying shell- fish along North Carolina's coast (see Appendix D) . The Committee asked for additional information concerning this problem. The Committee met for the second time on December 6, 1977. This meeting was devoted to hearing from the Committee to Protect the Rights of Commercial Fishermen, Harkers Island, North Carolina (hereafter referred to as "the Commercial Fishermen Committee"), and various state departments. Mr. Perry Guthrie of the Commercial Fishermen Committee discussed with the Committee the problems of the cow nose ray in coastal North Carolina. This ray weighs approximately 30 to 40 pounds and glides along the sea bottom drawing oysters, clams, and other seafood into it's mouth where the shellfish are crushed and digested. The population of these rays has increased in recent years and Mr. Guthrie said that they are destroying much of the shellfish in Eastern North Carolina. The Commercial Fishermen Committee asked for state aid in developing a market for the cow nose ray and increasing the take of the ray for food purposes so to reduce the population their -10- devastating effect on shellfish. (See Appendix D for discussion of skates and rays in North Carolina Sea Grant publication.) Mr. Ed McCoy of the Division of Marine Fisheries informed the Committee that there is presently no money available to combat the cow nose ray problem, but the Division is interested in developing such a program for fishermen. Mr. McCoy also dis- cussed areas of concern by coastal North Carolinians including dredging of inlets, more serious penalties for commercial fish- eries laws, loan programs for commercial fishermen, a marine fisheries newspaper and revival of the artificial fishing reef program. The Assistant Director of the Marine Fisheries Division, Mr. Lee Barham, began a discussion of the commercial fisheries fee structure. He focused on the four main elements of North Carolina's fee structure: I. Vessel License, II. Seafood Dealers License, III. Taxes, and IV. Fines, Mr. Barham proposed that North Carolina begin to license fishing gear as part of the com- mercial fishing control program. This proposal came as a result of the number of Maryland and Virginia vessels fishing in North Carolina waters with licensed North Carolina captains. Virginia and Maryland will not now license North Carolina captains. Due to the protracted illness and in December, 1978 the death of Sen. D. Livingstone Stallings, co-chairman, the Committee was not able to meet again and has not made any findings relative to the -11- problems in the commercial fisheries industry of North Carolina. The Committee recommends to the General Assembly that the study of the Commercial Fisheries industry be continued into the 1979- 81 biennium. (See Appendix E. ) The Committee wishes to express to the family and friends of Senator D, Livingstone Stall ings their sincere sympathy for their loss. Senator Stall ings' interest in the problems of the fishing industry was the key element behind the study and his knowledge and abilities in this area will be missed. -12- APPENDIX A 1977-1979 LEGISLATIVE RESEARCH COMMISSION MEMBERSHIP House Speaker Carl J. Stewart, Jr. Chairman Representative Chris S. Barker, Jr. Representative John R. Gamble, Jr. Representative A. Hartwell Campbell Representative H. Parks Helms Representative Lura S. Tally Senate President Pro Tempore John T. Henley, Chairman Senator Dallas L. Alford, Jr. Senator Russell Walker Senator Cecil J. Hill Senator Robert B. Jordan, III Senator Vernon E. VHiite A-1 LEGISLATIVE RESEARCH COMMISSION COMMITTEE TO STUDY FISHERIES Membership Representative A. Hartwell Campbell,* LRC m3mber responsible for study Representative Joseph L. Bright, Co-Chairman Senator D. Livingstone Stall ings, Co-Chairman Mr. Mike Bowlings Representative Howard B. Chapin Senator Bobby Lee Combs** Representative S. Thomas Rhodes * Representative Campbell was appointed to replace Representative Thomas D. Gilmore upon Representative Gilmore's resignation. ** Not a member of the 1979-81 General Assembly. A- 2 APPENDIX B GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1977 RATIFIED BILL RESOLCiTIOH 88 BOOSE JOINT BESOLDTIOH | 385 A JOIBT BE SOLUTION DIRECTING THE LEGISLATIYB BESEABCB COHBISSIOI TO STUDY TBE PEOBLEH OF PRICE IHSVABILITI IN TBB COBHBBCIAL FISHING INDDSTRT AND TO REPORT TO TBE NEIT APPBOPRIATE SESSION OF THE GENERAL ASSBBBL7. Nhereas, the coBaercial fishing indastry is a vital coaponent in the econoaic well-being of the State; and Shereas, fish are perishable and hence are subject to special aarketing probleas; and Nhereas, the abundance or scarcity of fish during certain tiaes of the year causes vide fluctuations in the price which cooaercial fisheraen are able to obtain for their catch; and Nhereas, it is desirable to assure a greater degree of stability in the price vhich coaaercial fisheraen receive for their catch in order to assure the aaziana contribution of the fishing industry to the econoay of the State; Nov, therefore, be it resolved by the Bouse of Representatives, the Senate concurring: Section |. The Legislative Research Coaaission is directed to study the probleas vhich coaaercial fishermen face due to price instability and to report on the desirability and feasibility of legislation vhich vould address this problea to the next appropriate session of the General Asseably. B-1 Sec. 2. The co-chairaen of the Legislative Besearch CoBBission are authorized to appoint additional BeBbers of the Geaeral Asseibly xo stad; coaaittees to assist the regular aeabers of the coaaission in condocting this stady, and they are aathorized to appoint aeabers of the pablic to advisory sabcomaittees. In appointing study coaaittees the co-chairaen of the Legislative Research Coaaission shoalc appoint one senator and one representative froa the coastal area of the State. Sec. 3. This resolution shall becoae effective upon ratification. In the General Asseably read three tiaes and ratified, this the 1st day of July, 1977. JAMES C. GREEN. §» Jaaes C. Green President of the Senate t^u J. ii"^E>/At^. -W. Carl J. Stevart, Jr. Speaker of the House of Representatives House Joint Resolution |385 B-2 APPENDIX C WITNESSES APPEARING Firm or State Agency Mr. Victor Barfield Department of Commerce Mr. Bob Barker Department of Commerce Mr. Lee Barham Department of Natural Resources and Community Development (NRCD) Mr. G. P. Guthrie ♦Commercial Fishermen Committee Mr. Horace Loftin Department of Administration Honorable Ronald Earl Mason NRCD Mr. Ed McCoy Ms. Betsy Warren NRCD NRCD ♦Committee to Protect the Rights of Commercial Fishermen C-1 APPENDIX D UNIVERSITY OF NORTH CAROUNA §[l/A\^/A\[Mg®[ilLg(l I2S5 BurlinQltm'Lnhoriitnnef nc^U. Raleiyh. NC. 27fi07 Tei:^SI») 7S7-iiSi The underutilized fish marl