GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	1 

SENATE BILL 1403*

Short Title:  Oyster Blue Ribbon Advisory Council.  	(Public)
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Sponsors: Senators Albertson, Lee, Perdue, and Shaw.
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Referred to:  Agriculture, Marine Resources, and Wildlife.
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May 25, 1994

A BILL TO BE ENTITLED
AN ACT TO CREATE A BLUE RIBBON ADVISORY COUNCIL TO STUDY AND MAKE RECOMMENDATIONS CONCERNING POLICIES AND MANAGEMENT OF THE STATE'S OYSTER RESOURCES.
Whereas, North Carolina's naturally grown oyster resources have been severely reduced by overharvesting, habitat degradation, diminished water quality, diseases such as oyster parasites, and inadequate funds and management; and
Whereas, during the period from 1987 to 1993, oyster landings have decreased 79% (from 1.4 million pounds in 1987 to 294,000 pounds in 1993); and
Whereas, although oyster resources have declined dramatically in recent years, North Carolina still possesses thousands of untapped acres of potentially productive shellfish areas; and
Whereas, the UNC Sea Grant College Program, the Marine Fisheries Commission, the Division of Marine Fisheries of the Department of Environment, Health, and Natural Resources, the Joint Legislative Commission on Seafood and Aquaculture, as well as others sponsored an Oyster Summit to bring experts from other states together to pool resources and expertise through workshops and panel discussions; and
Whereas, the Oyster Summit set the stage for developing a new policy and management of the oyster resource in North Carolina by pooling expertise and resources with other states to develop strategies to minimize the effect of disease, water pollution, overharvesting, and failing consumer confidence in order to revive the oyster industry; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  (a)	There is established the Blue Ribbon Advisory Council on Oysters (hereinafter referred to "Advisory Council" ).  The Advisory Council shall consist of 19 members appointed as follows:
(1)	Chair of the Oyster, Clam and Scallops Committee of the Marine Fisheries Commission (or designee).
(2)	Director of the Marine Fisheries Division of the Department of Environment, Health, and Natural Resources (or designee).
(3)	Co-Chairs of the Joint Legislative Commission on Seafood and Aquaculture (or designees).
(4)	Director of the North Carolina Sea Grant College Program of North Carolina State University (or designee).
(5)	Two representatives from the commercial oyster fishery, one of whom shall represent the northern coastal region and the other shall represent the Pamlico coastal region, appointed by the President Pro Tempore of the Senate.
(6)	Two representatives from the commercial oyster fishery, one of whom shall represent the southern coastal region and the other shall represent the central coastal region, appointed by the Speaker of the House of Representatives.
(7)	One representative from oyster aquaculture appointed by the President Pro Tempore of the Senate.
(8)	One representative with expertise in oyster production and restoration appointed by the President Pro Tempore of the Senate.
(9)	One economist appointed by the President Pro Tempore of the Senate.
(10)	One representative with expertise in oyster disease research appointed by the President Pro Tempore of the Senate.
(11)	One representative with expertise in oyster sales and marketing appointed by the Speaker of the House of Representatives.
(12)	One representative with expertise in health considerations and sanitation of oysters appointed by the Speaker of the House of Representatives.
(13)	One representative with expertise in oyster harvesting appointed by the Speaker of the House of Representatives.
(14)	One representative with expertise in oyster processing appointed by the Speaker of the House of Representatives.
(15)	One representative with expertise in water quality appointed by the Speaker of the House of Representatives.
(16)	One social scientist appointed by the Speaker of the House of Representatives.
(b)	The Advisory Council shall assist the Marine Fisheries Commission and the Joint Legislative Commission on Seafood and Aquaculture in an advisory capacity and shall study and make recommendations relating to the oyster resource including, but not limited to:
(1)	Restoration of oyster production on public beds.
(2)	Development of aquaculture production of oysters.
(3)	Management of oyster reefs to maximize production.
(4)	Zoning and protective measures concerning oyster reefs and culture operations.
(5)	Marketing and economic development of oysters.
(6)	Development of value-added products and processing.
(7)	Changes in the leasing of oyster bottoms and water columns for culture.
(8)	Expenditure of public funds in relation to private funding of oyster production.
(9)	Development of a management plan for restoration of the oyster resource.
(c)	The Chair of the Advisory Council shall be the Chair of the Oyster, Clam and Scallops Committee of the Marine Fisheries Commission. The Advisory Council shall meet upon the call of the Chair.  A majority of the Advisory Council shall constitute a quorum for the transaction of business.
(d)	Any person who is a member of the Advisory Council may hold such membership concurrently with and in addition to any other elective or appointive office or offices such person is permitted to hold under G.S. 128-1.1.
(e)  Members of the Advisory Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.
(f)  The Advisory Council shall make written quarterly reports to the Marine Fisheries Commission and the Joint Legislative Commission on Seafood and Aquaculture beginning October 1, 1994.  The Advisory Council shall complete its study and make its final written report on or before October 1, 1995.  Upon making its final written report, the Advisory Council shall terminate.
(g)  The Department of Environment, Health, and Natural Resources shall provide secretarial and other support staff for the Advisory Council.
Sec. 2.  There is appropriated from the General Fund for the 1994-95 fiscal year the sum of one hundred thousand dollars ($100,000) to the Department of Environment, Health, and Natural Resources for administrative and other expenses incurred by the Blue Ribbon Advisory Council on Oysters.
Sec. 3.  This act becomes effective July 1, 1994.