DMF describes new ITP, mitigation requirements and OTIS observer system; commercial fishers press on funding fairness

Barbie Byrd, speaking on behalf of the division, briefed the commission on a new Incidental Take Permit (ITP) issued by the National Marine Fisheries Service on Oct. 2 covering sea turtles and sturgeon through Aug. 31, 2034. Byrd said the permit consolidates previous sea-turtle and sturgeon authorizations, sets statewide authorized takes in two‑year rolling totals, and requires mitigation and monitoring measures.

Byrd described the mitigation package the ITP requires: expanded observer coverage, reporting of unobserved takes, safe-handling measures, purchase of PIT tags for observed Atlantic sturgeon takes, funding genetic testing of fin clips, and a contribution to sea-turtle rehabilitation support (North Carolina Aquarium). She said those mitigation items were requested by NMFS as conditions of the ITP and that the division intends to cover them from the commercial fishing resource fund.

Several commercial fishers sharply objected to that funding approach, saying the fund was originally intended to support an observer program and that taking money for tagging and genetic testing was unfair to parts of the fishing community that do not directly benefit. One fisher described repeated gear damage and expressed frustration at being required both to absorb mitigation costs and to forgo prior fishing opportunities. Commissioners and staff acknowledged the concerns while noting the ITP process requires mitigation; staff said the ITP application laid out anticipated mitigation expenditures and that NMFS would not approve the permit without offset measures.

Byrd also announced a recent proclamation closing a Core Sound subunit to ITP-covered gillnets after observed dead sea turtle takes were extrapolated to exceed annual targets in the rolling totals. She said the proclamation and the added net-attendance requirements are already affecting gillnet fishing in some units.

On the observer program, Byrd explained the OTIS trip-scheduling system required by the ITP: fishermen will report planned activity in a weekly window (Monday 12:00 a.m. to Wednesday 11:59 p.m.), the division will select trips and notify fishermen by Thursday, and selected trips receive an observer assignment and contact information. Byrd said the system is planned for training in January with a mid-February launch and that setting covered gill nets without an observer or confirmation number will be unlawful under the ITP.

Commissioners asked about observer coverage during seasons when the division is short-staffed; staff said they supplemented observer coverage with other division staff and marine patrol during the recent flounder season but acknowledged staffing and funding challenges.

Next steps: staff will proceed with OTIS training and launch plans; the commission and staff will continue discussing mitigation funding sources and outreach to fishing sectors about compliance and observer reporting.