The North Carolina southern flounder season, worth USD 4.5 (EUR 4.1) million annually on average, will not close on 16 October, thanks to a lawsuit brought by fishermen.
After the N.C. Marine Fisheries Commission said it would close the season early on 16 October – instead of the regular December closing - the North Carolina Fisheries Association (NCFA) sued the agency in state court.
“Southern flounder is the most economically important finfish species in North Carolina,” Jerry Schill, president of the NCFA, told SeafoodSource. “We alleged in our lawsuit that the Marine Fisheries Commission erred by using a ‘supplement process’ that was meant to be used in extreme circumstances. It was our contention they should have used an amendment process to the Southern Flounder Fishery Management Plan. They used figures that were not science-based and were arbitrary and capricious.”
As a result of the preliminary injunction from Catheret County Superior Court, the season will remain open until 1 December and the MFC’s 38 percent reduction for pound nets will not go into effect. In addition, the daily reporting system for southern flounder was set aside, according to the injunction.
“The temporary injunction will remain in effect until a full hearing on a lawsuit filed by the North Carolina Fisheries. Flounder season will remain open for the anchored, large-mesh gill net fisheries, as well,” according to a MFC statement. “However, there will still be a Dec. 1-31 commercial flounder season closure, as in previous years.”
