Nies v Emerald Isle -- Supreme Court Dismisses Appeal


The North Carolina Supreme Court provided the users of the State’s ocean beaches with an early Christmas present today by dismissing the Nies appeal (see attached). In doing so, the opinion of the North Carolina Court of Appeals stands as the law in North Carolina unless and until the Legislature or the North Carolina Supreme Court addresses it in the future. There is some limited chance that the Nies will seek to appeal to the U.S. Supreme Court or to seek some other Federal remedy. An appeal to the U. S. Supreme Court in this case is highly unlikely to be accepted, and any collateral Federal remedy will have to start from the bottom of the legal process with a lot of expense for the Nies and with a high likelihood of an unfavorable outcome. Time will tell, but for now, this is as good an outcome as can be expected.

Again, I appreciate your allowing me to prepare an amicus brief in this case on your behalf. While we will likely never know how the brief affected the ultimate outcome, Emerald Isle’s attorney assures me it was helpful to the cause.

Thank you,


Benjamin M. Gallop, Attorney at Law
Hornthal, Riley, Ellis & Maland, LLP
2502 S. Croatan Highway, Nags Head, NC 27959
T:   (252) 441-0871
F:   (252) 441-8822


If you are a NCBBA Membership and have ever wanted to take a greater role in helping the organization, now is your opportunity!

This year we will have four openings on our Board of DIRECTORS and we are looking for interested candidates. The NCBBA Board of Directors is a working Board that stays actively involved with organizational duty activities and projects throughout the year. Each term as a Director last two years.

If you believe in our mission and want to help grow, move forward and wish to take an active role in the organization, please send an email expressing your interest, or direct any questions you might have, to Director Charles Lockett at  All emails expressing an interest in running for a position on the Board of Directors must be received by December 15, 2016.

Bill Smith, President



Red Drum Tournament Recap

Another successful Red Drum Tournament is behind us. There were plenty of nice fish caught, lots of old friends and laughter and those moments of exhaustion that only come when you are doing something you truly enjoy.

Beyond the tournament itself, it is reflecting on last night’s Awards Banquet that reinforces why I am so proud to be a part of this organization, as well as having a voice and a role in its direction.

Through the combined donations of NCBBA, Michael Jackson of the Fishin’ Hole, Friends of David and Joyce Joyner and the generosity of the tournament anglers, the Hatteras Island Methodist Men received $4,640 to assist in aftermath of Hurricane Matthew. NCBBA also donated an additional $500 each to the VFD’s from Hatteras and Frisco Villages and to the United Methodist Church of Ocracoke Island. Before the storm, NCBBA had presented a check for $1000 to the Hatteras Island Community Emergency Response Team.

NPS District Ranger Mark Seaman joined us and expressed his appreciation for our organization, what we stand for and our adherence to our code of ethics out on the beach.

Closing, I’d like to thank:

  1. The NCBBA Board who worked tirelessly throughout the Tournament
  2. Tournament Director David Joyner and Assistant Director Ervin Gaskins for their countless efforts throughout the year and during the tournament
  3. Head Judge David Flanigan and Assistant Head Judge Bobby Halstead, along with the volunteers who measured those fish out on the beaches
  4. Finally, the Tournament Anglers, who year in and year out support our tournament. We look forward to seeing you all next year.

Bill Smith, President


Red Drum Tournament Results

NCBBA’s 8th Annual Red Drum Tournament Final Results

There were 279 participants, in which 36 of these are also judges competing for over $8,500.00 in cash & prizes. We have 2, Junior Anglers (under 16), 26, Female Anglers, 3 of which are seniors (over 65) and 66 Senior Male Anglers. They represent 14 different states. Allan Maly from Dallas, TX traveled the longest distance.

Anglers began fishing at Midnight (12:01 A.M.)Thursday, October 19th. Fishing will continued until noon on Saturday, October 22nd. After 7 years of Frank & Fran’s hosting the tournament, this year the store changed ownership. Frank & Fran’s, Avon, NC new owners Stephanie & Randy Ryals and Heather & Tim James welcomed us back and hosted their first Red Drum Tournament.

The Final Results were:

Largest Red Drum Overall is Tom Goode of Amelia, VA with a 49.75 inch fish.

2nd Largest Red Drum Overall is David Griffith of Holly Springs, NC caught a 49.50 inch fish.

Largest Red Drum Day #1 is Brian Tarman of Stafford, VA with a 48.75 inch fish.

2nd Largest Red Drum Day #1 is Scott Allsbrook of Winterville, NC with a 48.25 inch fish.

Largest Red Drum Day #2 is Richard Kosa of Toms River, NJ with a 44.50 inch fish.

2nd Largest Red Drum Day #2 is Charles Durrer of Charlottesville, VA with a 44.50 inch fish.

Largest Red Drum Day #3 is Richard Kosa of Toms River, NJ with a 47.00 inch fish.

2nd Largest Red Drum Day #3 is Kyle Berry of Nags Head, NC with a 46.25 inch fish.

Most Red Drum is Anthony Wiest of Woodbridge, VA with 4. Stuart Davis of Woodbridge, VA also caught 4 fish, but Anthony Wiest caught his first fish on Day #1, while Stuart’s first fish was not caught until Day #2.

Largest Red Drum by a Female is McKenna Fulcher of Morehead City, NC with a 25.75 fish.

Largest Red Drum by a Senior is Jeanne Griffin of Moncure, NC with a 27.00 inch fish.

Largest Sea Mullet Overall (14 in. min.) is Joe White of Nags Head, NC with a 16.75 inch 1.86 lb. fish.

Largest Bluefish Overall (16 in. min.) is Ryan Jackle of Kernersville, NC with a 19.00 inch fish.