Bill Summaries: H1049 (2017-2018 Session)

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  • Summary date: May 30 2018 - View summary

    Sets forth findings of the General Assembly concerning the management and promotion of coastal fisheries, aquaculture, and mariculture.

    Repeals subdivisions 1.2(a)(5) and 1.2(b)(3) and Sections 2.26 through 2.29 of SL 2011-291, and reenacts Article 12F of GS Chapter 120 as it existed prior to its repeal by SL 2011-291, to restore the Joint Legislative Oversight Commission on Seafood and Aquaculture (Commission), its duties, and related reporting provisions. 

    Amends GS 120-70.62, as reenacted, to eliminate the Commission's duty to make recommendations regarding regulatory matters relating to the seafood and aquaculture industries, including increasing the State's representation and decision making ability by dividing the State between the Atlantic and South Atlantic regions of the National Division of Marine Fisheries and evaluating the necessity to substantially increase penalties for trespass and theft of shellfish and other aquaculture products. Replaces this previous duty to instead require the Commission to evaluate the adequacy of penalties for trespass and theft of shellfish and other aquaculture products. Makes technical changes.

    Details six ongoing duties of the Commission, including reviewing guidance documents, proclamations, or other regulatory actions taken by the Division of Marine Fisheries. 

    Repeals GS 120-76(15), thereby removing duties related to seafood and aquaculture from the duties of the Joint Legislative Commission on Governmental Operations.

    Amends GS 113-182, directing the Department of Environmental Quality (DEQ) to annually report to the Commission no later than September 1 regarding the status of the marine and estuarine resources within the jurisdiction of the Division of Marine Fisheries. 

    Appropriates $100,000 in nonrecurring funds for the 2018-19 fiscal year from the General Fund to the General Assembly for the review and study of the issues set out by the act in the Commission's ongoing duties. 

    Appropriates $100,000 in nonrecurring funds for the 2018-19 fiscal year from the General Fund to DEQ for the completion of the required directives to the Division of Marine Fisheries.

    Amends GS 143B-289.54 concerning membership of the Marine Fisheries Commission appointed by the Governor. Eliminates the requirements set out in subdivisions (a)(7) and (a)(8) that two members be persons having general knowledge of and experience related to subjects and persons regulated by the Marine Fisheries Commission. Replaces the requirement in subdivision (a)(7) to now require that one member be a person actively connected with and experienced as a licensed fish dealer or in seafood processing or distribution as demonstrated by deriving at least 50% of annual earned income from activities involving the buying, selling, processing, or distribution of seafood landed in the State. Provides that the term of the member of the Marine Fisheries Commission appointed under subdivision (a)(7) expires June 30, 2018. Directs the Governor to appoint a new member under new subdivision (a)(7) to serve a term expiring on June 30, 2022, and thereafter three-year terms in accordance with GS 143B-289.54(d). Replaces the requirement in subdivision (a)(8) to now require that one member be a person actively engaged in the sports fishing industry as demonstrated by deriving at least 50% of annual earned income from selling goods or services in the State. Directs the Governor to appoint a new member under new subdivision (a)(8). Specifies that the spouse of a person qualified under either new member requirement can be appointed provided that the spouse is actively involved in the qualifying business. Effective June 30, 2018.

    Establishes a moratorium on the authority of the Marine Fisheries Commission to propose and adopt rules to carry out the duties set out in GS 143B-289.52(a) to be followed in the management, protection, preservation, and enhancement of the marine and estuarine resources within its jurisdiction. Excepts from the moratorium: (1) rules necessary to carry out the duties specified in subdivisions (3) (rules necessary to develop and improve mariculture), (4) (power to close areas of public bottoms under coastal fishing waters as necessary in any program of propagation of shellfish), (5) (power to institute an action to contest the claim of title or claimed right of fishery in any navigable waters of the State registered with DEQ), (6) (power to make reciprocal agreements with other jurisdictions) and (11) (power to approve Coastal Habitat Protection Plans); (2) rules preventing overfishing of a species as specified; and (3) rules required by a provision of federal law or regulation to avoid federal assumption of fisheries management in the State. Directs the Commission as reestablished to study the Marine Fisheries Commission during the moratorium, including an analysis of its membership, appointment and terms, and meeting and quorum requirements. Expires on the earlier of the 31st legislative day, or in the case of a regular session lasting less than 31 days, the date of adjournment of the next regular session of the General Assembly beginning after the date the Commission adopts a report setting forth the results of the study and its legislative recommendations, or the date the General Assembly convenes for the 2021 Regular Session.