Beasley center challenges gillnet fishing

N.C. Division of Marine Fisheries and N.C. Marine Fisheries Commission have been put on notice.

Both entities received a letter of intent Tuesday issued on behalf of the Karen Beasley Sea Turtle Rescue and Rehabilitation Center of its intent to initiate a lawsuit against both if they continue to authorize the use of gill nets by fishermen, said Jean Beasley, director of the Beasley Center, located in Topsail Beach.

“In our mission statement, adopted in 2004, the first item is the conservation and protection of all marine turtles both in the water and on the beach,” she said. “We have given (NCDMF and NCMFC) a lot of opportunities and it continues to be a bloodbath.”

The letter contends NCDMF and NCMFC “have violated section 9 of the (Endangered Species Act) by authorizing and issuing licenses allowing the use of gill nets, which have resulted in significant take of multiple species of endangered and threatened sea turtles an violating Incidental Take Permit 1528 issued to NDCMF.”

A “take” is when a live green sea turtle is harassed, harmed, pursued, hunted, shot, wounded, killed, trapped, captured or collected, according to the N.C. Sea Grant organization. Incidental, or accidental, interactions are not exempt.

The NCMFC is the rule making body for North Carolina Fisheries that currently authorizes the use of gill nets by fishermen who have obtained either a commercial or a recreational commercial license.

Beasley said the United States is the only place in the world where permits are given to kill sea turtles in high numbers.

 “This is a notice of intent, not a lawsuit, so we don’t want to be premature … this is but a baby step in the long line of protests against this fishing method,” Beasley said.

The letter is addressed to Gary Locke, the U.S. Commerce Secretary, from Duke Law and has been posted online by Coastal Fisheries Reform Group. It is also available here.

The letter serves as a 60 day notice to remedy violations of the Endangered Species Act. The letter states, “if the National Marine Fisheries Service does not act within the 60 days to remedy the aforementioned violations, the Beasley Center will pursue all remedies available to it under state and federal law, including initiating a citizen’s suit against NDCMF and NCMFC pursuant to the ESA.”

Beasley said protests against gill nets have been ongoing since 2003.

“We have never gotten a response to the thousands of signatures on petitions we have submitted or to the thousands of e-mails sent in protest against this permit,” she said. “What it really gets down to is that we really feel (NCDMF and NCMFC) are violating the terms of the Endangered Species Act.”

To substantiate its claim, the letter lists studies to validate unlawful taking of sea turtles and states that the “NMFS recently warned the NCDMF that there was excessive and unacceptable take of endangered sea turtles by gill nets in North Carolina waters.” In the summer of 2009, the letter states, NMFS held a six month observer program that focused on the Core Sound inshore gill net fishery. During four of the first five observation trips, 11 unlawful endangered sea turtle takes were seen.

Referred to as “overwhelming evidence,” the letter concludes that both entities have inadequately protected sea turtles, and have been unable to comply with requirements of the Incidental Take Permit, so they are violating not just the permit but the Endangered Species Act.

N.C. Division of Marine Fisheries Spokesperson Patricia Smith referred comments to the N.C. Attorney General’s office.

“Because we have been notified we could possibly be involved in litigation, we are referring all requests for comments to the state Attorney General’s office,” she said.

The Attorney General provides legal representation and advice to all state government departments, agencies and commissions.

The N.C. Attorney General’s Office confirmed receipt of the notice but did not comment on any allegations made in the letter.

“We have received a copy of the letter and the attorneys in our office are reviewing the letter and will follow up with their client,” said Jennifer Canada, a spokesperson with the Attorney General’s office.

Wednesday, NCDMF issued a news release announcing the waters in Pamlico Sound will close Thursday to the use of large-mesh gill nets as the “estimated number of live green sea turtles caught in flounder nets this season will surpass the maximum number allowed by a special permit from the National Marine Fisheries Service.”

The notice stated that as of Tuesday, there were an estimated 117 live green sea turtle interactions. The Section 10 Permit requires the fishery to close when the estimated takes exceed 120.

However, Section 7 permits allow incidental takes for federal activities, while Section 10 permits allow intentional takes for scientific research and incidental takes during lawful activities, like fishing.

 “Killing one turtle in a gill net is one too many under the Endangered Species Act,” Beasley said. “What you tolerate, you empower to continue.”

Contact Topsail area reporter Suzanne Ulbrich at 910-219-8454.