GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
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HOUSE BILL DRH30227-MH-112 (03/24)
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Short Title: Marine Fisheries Advisory Committee Reforms. |
(Public) |
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Sponsors: |
Representatives Boswell, Millis, and Pittman (Primary Sponsors). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to ensure meaningful public participation in fisheries management by enhancing the role of public advisory committees.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 143‑289.52(a) reads as rewritten:
"(a) The Marine Fisheries Commission shall adopt rules to be followed in the management, protection, preservation, and enhancement of the marine and estuarine resources within its jurisdiction, as described in G.S. 113‑132, including commercial and sports fisheries resources. The Marine Fisheries Commission shall have the power and duty:
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(10) To adopt Fishery Management Plans as provided in G.S. 113‑182.1, to establish a Priority List to determine the order in which Fishery Management Plans are developed, to establish a Schedule for the development and adoption of each Fishery Management Plan, and to establish guidance criteria as to the contents of Fishery Management Plans. In exercising its rule‑making powers for the management, protection, preservation, and enhancement of the marine and estuarine resources, the Commission shall, to the maximum extent practicable, act consistently with the Fishery Management Plans adopted for those resources.
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(14) When it rejects findings and recommendations submitted by advisory committees established under G.S. 143‑289.57, to provide and adopt by resolution a statement of basis for the rejection."
SECTION 2. G.S. 143B‑289.57 reads as rewritten:
"§ 143B‑289.57. Marine Fisheries Commission Advisory Committees established; members; selection; duties.
(a) The Commission shall be assisted in the performance of its duties by four standing advisory committees and four regional advisory committees. Each standing and regional advisory committee shall consist of no more than 11 members. The Chair of the Commission shall designate one member of each advisory committee to serve as Chair of the committee. Members shall serve staggered three‑year terms as determined by the Commission. The Commission shall establish other policies and procedures for standing and regional advisory committees that are consistent with those governing the Commission as set out in this Part.
(b) The Chair of the Commission shall appoint the following standing advisory committees:
(1) The Finfish Committee, which shall consider matters concerning finfish.
(2), (3) Repealed by Session Laws 2012‑190, s. 4(a), and Session Laws 2012‑200, s. 16(a), effective July 1, 2012.
(3a) The Shellfish/Crustacean Advisory Committee, which shall consider matters concerning oysters, clams, scallops, other molluscan shellfish, shrimp, and crabs.
(4) The Habitat and Water Quality Committee, which shall consider matters concerning habitat and water quality that may affect coastal fisheries resources.
(c) Each standing advisory committee shall be composed of commercial and recreational fishermen, scientists, and other persons who have expertise in the matters to be considered by the advisory committee to which they are appointed. In making appointments to advisory committees, the Chair of the Commission shall ensure that both commercial and recreational fishing interests are fairly represented and shall consider for appointment persons who are recommended by groups representing commercial fishing interests, recreational fishing interests, environmental protection and conservation interests, and other groups interested in coastal fisheries management.
(d) Each standing advisory committee shall review all matters referred to the committee by the Commission and shall make findings and recommendations on these matters. A standing advisory committee may, on its own motion, make findings and recommendations as to any matter related to its subject area. The Commission, in the performance of its duties, shall consider all findings and recommendations submitted by standing advisory committees. Each standing committee shall meet at least once each calendar quarter and may hold additional meetings at any time and place within the State at the call of the Chair of the Commission.
(e) The Chair of the Commission shall appoint a Northern Regional Advisory Committee, encompassing areas from the Virginia line south through Hyde and Pamlico Counties and any counties to the west, and a Southern Regional Advisory Committee, encompassing areas from Carteret County south to the South Carolina line and any counties to the west. In making appointments to regional advisory committees, the Chair of the Commission shall ensure that both commercial and recreational fishing interests are fairly represented. The regional advisory committees shall each meet at least once each calendar quarter and may hold additional meetings at any time and place within the area each committee represents at the call of the Chair of the Commission."
SECTION 3. G.S. 113‑182.1(c) reads as rewritten:
"(c) To assist in the development of each Fishery Management Plan, the Chair of the Marine Fisheries Commission shall appoint a fishery management plan advisory committee. Each fishery management plan advisory committee shall be composed of commercial fishermen, recreational fishermen, and scientists, all with expertise in the fishery for which the Fishery Management Plan is being developed. Before taking action on any management measure considered in the development of a fishery management plan, the Commission shall consult with the fishery management plan advisory committee for that fishery."
SECTION 4. This act is effective when it becomes law.