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Commission adopts 'guardrail' rules for false albacore after heated debate
Summary
The North Carolina Marine Fisheries Commission voted 5–4 in Dare County to adopt a rule establishing a 200% combined‑landings trigger and potential management measures for false albacore, prompting objections over limited science and combined commercial/recreational metrics.
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At a business meeting in Dare County the North Carolina Marine Fisheries Commission voted 5–4 to adopt a rule intended to prevent rapid, unmanaged expansion of the false albacore fishery by setting a trigger based on combined commercial and recreational landings.
Supporters described the approach as a precautionary, practical alternative when a formal fishery management plan and a peer‑reviewed stock assessment are not available. Commissioner Roller, who moved the rule, said the measure is a ‘‘guardrail’’ — a trigger that would bring management options to the commission rather than an automatic closure. As Roller said during debate: "It's not a cap. It's a trigger point." (Commissioner Roller)
Opponents argued that basing management on a 200% threshold of recent combined landings risks penalizing commercial harvesters if recreational discards or shifting ocean conditions drive landings higher. Several speakers at the Dare County public comment period, including commercial watermen and processors, urged the commission not to impose new restrictions until the division completes updated, peer‑reviewed assessments.
The rule adopted allows, if the combined landings threshold is exceeded and the commission consents, management by proclamation including a commercial trip limit framed in the proposal as "not to exceed 3,500 pounds" and specified recreational bag and vessel limits. Division staff said the threshold is calculated as double the five‑year average (2018–2022 in the draft) and that the commission would vote before any proclamation was issued.
Commissioners split along views of risk and precaution. Supporters said the measure provides a necessary mechanism to act quickly should landings spike; critics said the state lacks sufficient recreational discard data and that managing both sectors together risks harming small commercial fishing operations. Public commenters who had asked for an independent audit of division methods continued to press for better data and greater stakeholder confidence.
The rule was adopted on a 5–4 roll call after more than an hour of debate and public comment. The commission and staff said they will bring annual updates on false albacore landings and other indicators so the body can monitor whether the trigger has been reached.

