§ 143B-289.52. Marine Fisheries Commission - powers and duties. - North Carolina Statutes

§ 143B‑289.52.  MarineFisheries Commission – powers and duties.

(a)        The MarineFisheries Commission shall adopt rules to be followed in the management,protection, preservation, and enhancement of the marine and estuarine resourceswithin its jurisdiction, as described in G.S. 113‑132, includingcommercial and sports fisheries resources. The Marine Fisheries Commissionshall have the power and duty:

(1)        To authorize,license, regulate, prohibit, prescribe, or restrict all forms of marine andestuarine resources in coastal fishing waters with respect to:

a.         Time, place,character, or dimensions of any methods or equipment that may be employed intaking fish.

b.         Seasons for takingfish.

c.         Size limits on andmaximum quantities of fish that may be taken, possessed, bailed to another,transported, bought, sold, or given away.

(2)        To provide fairregulation of commercial and recreational fishing groups in the interest of thepublic.

(3)        To adopt rules andtake all steps necessary to develop and improve mariculture, including thecultivation, harvesting, and marketing of shellfish and other marine resourcesin the State, involving the use of public grounds and private beds as providedin G.S. 113‑201.

(4)        To close areas ofpublic bottoms under coastal fishing waters for such time as may be necessaryin any program of propagation of shellfish as provided in G.S. 113‑204.

(5)        In the interest ofconservation of the marine and estuarine resources of the State, to institutean action in the superior court to contest the claim of title or claimed rightof fishery in any navigable waters of the State registered with the Departmentas provided in G.S. 113‑206(d).

(6)        To make reciprocalagreements with other jurisdictions respecting any of the matters governed inthis Subchapter as provided by G.S. 113‑223.

(7)        To adopt relevantprovisions of federal laws and regulations as State rules pursuant to G.S. 113‑228.

(8)        To delegate to theFisheries Director the authority by proclamation to suspend or implement, inwhole or in part, a particular rule of the Commission that may be affected byvariable conditions as provided in G.S. 113‑221.1.

(9)        To comment on andotherwise participate in the determination of permit applications received byState agencies that may have an effect on the marine and estuarine resources ofthe State.

(10)      To adopt FisheryManagement Plans as provided in G.S. 113‑182.1, to establish a PriorityList to determine the order in which Fishery Management Plans are developed, toestablish a Schedule for the development and adoption of each FisheryManagement Plan, and to establish guidance criteria as to the contents ofFishery Management Plans.

(11)      To approve CoastalHabitat Protection Plans as provided in G.S. 143B‑279.8.

(12)      Except as mayotherwise be provided, to make the final agency decision in all contested casesinvolving matters within the jurisdiction of the Commission.

(13)      To adopt rules todefine fishing gear as either recreational gear or commercial gear.

(b)        The MarineFisheries Commission shall have the power and duty to establish standards andadopt rules:

(1)        To implement theprovisions of Subchapter IV of Chapter 113 as provided in G.S. 113‑134.

(2)        To manage thedisposition of confiscated property as set forth in G.S. 113‑137.

(3)        To govern all licenserequirements prescribed in Article 14A of Chapter 113 of the General Statutes.

(4)        To regulate theimportation and exportation of fish, and equipment that may be used in takingor processing fish, as necessary to enhance the conservation of marine andestuarine resources of the State as provided in G.S. 113‑170.

(5)        To regulate thepossession, transportation, and disposition of seafood, as provided in G.S. 113‑170.4.

(6)        To regulate thedisposition of the young of edible fish, as provided by G.S. 113‑185.

(7)        To manage theleasing of public grounds for mariculture, including oysters and clamproduction, as provided in G.S. 113‑202.

(8)        To govern theutilization of private fisheries, as provided in G.S. 113‑205.

(9)        To impose furtherrestrictions upon the throwing of fish offal in any coastal fishing waters, asprovided in G.S. 113‑265.

(10)      To regulate thelocation and utilization of artificial reefs in coastal waters.

(11)      To regulate theplacement of nets and other sports or commercial fishing apparatus in coastalfishing waters with regard to navigational or recreational safety as well asfrom a conservation standpoint.

(c)        The Commission isauthorized to authorize, license, prohibit, prescribe, or restrict:

(1)        The opening andclosing of coastal fishing waters, except as to inland game fish, whetherentirely or only as to the taking of particular classes of fish, use ofparticular equipment, or as to other activities.

(2)        The possession,cultivation, transportation, importation, exportation, sale, purchase,acquisition, and disposition of all marine and estuarine resources and allrelated equipment, implements, vessels, and conveyances as necessary to carryout its duties.

(d)        The Commission mayadopt rules required by the federal government for grants‑in‑aidfor coastal resource purposes that may be made available to the State by thefederal government. This section is to be liberally construed in order that theState and its citizens may benefit from federal grants‑in‑aid.

(d1)      The Commission mayregulate participation in a fishery that is subject to a federal fisherymanagement plan if that plan imposes a quota on the State for the harvest orlanding of fish in the fishery. If the Commission regulates participation in afishery under this subsection, the Division may issue a license to participatein the fishery to a person who:

(1)        Held a valid licenseissued by the Division to harvest, land, or sell fish during at least two ofthe three license years immediately preceding the date adopted by the Commissionto determine participation in the fishery; and

(2)        Participated in thefishery during at least two of those license years by landing in the State atleast the minimum number of pounds of fish adopted by the Commission todetermine participation in the fishery.

(e)        The Commission mayadopt rules to implement or comply with a fishery management plan adopted bythe Atlantic States Marine Fisheries Commission or adopted by the United StatesSecretary of Commerce pursuant to the Magnuson‑Stevens FisheryConservation and Management Act, 16 U.S.C. § 1801, et seq. Notwithstanding G.S.150B‑21.1(a), the Commission may adopt temporary rules under thissubsection at any time within six months of the adoption or amendment of afishery management plan or the notification of a change in management measuresneeded to remain in compliance with a fishery management plan.

(f)         The Commissionshall adopt rules as provided in this Chapter. All rules adopted by theCommission shall be enforced by the Department of Environment and NaturalResources.

(g)        As a quasi‑judicialagency, the Commission, in accordance with Article IV, Section 3 of theConstitution of North Carolina, has those judicial powers reasonably necessaryto accomplish the purposes for which it was created.

(h)        Social securitynumbers and identifying information obtained by the Commission or the Divisionof Marine Fisheries shall be treated as provided in G.S. 132‑1.10. Forpurposes of this subsection, "identifying information" also includesa person's mailing address, residence address, date of birth, and telephonenumber.

(i)         The Commission mayadopt rules to exempt individuals who participate in organized fishing eventsheld in coastal or joint fishing waters from recreational fishing licenserequirements for the specified time and place of the event when the purpose ofthe event is consistent with the conservation objectives of the Commission. (1997‑400, ss. 2.1,2.2; 1997‑443, s. 11A.123; 1998‑217, s. 18(a); 1998‑225, ss.1.3, 1.4, 1.5; 2001‑474, s. 32; 2003‑154, s. 3; 2004‑187, ss.7, 8; 2006‑255, ss. 11.2, 12.)