GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 860

Short Title:  Limit Marine Net Fishing.	(Public)

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Sponsors: Representatives Richardson and McComas (Co-sponsors); Alexander, Arnold, Barbee, Barnes, Black, Blue, Bowie, Cansler, Cunningham, Daughtry, Easterling, Ellis, Hackney, Hayes, Hensley, H. Hunter, Hurley, Lemmond, Linney, Luebke, McAllister, McCrary, McMahan, Neely, Pate, Reynolds, Tallent, and Wilkins.

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Referred to:  Rules, Calendar and Operations of the House.

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April 12, 1995

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR A REFERENDUM TO LIMIT MARINE NET FISHING.
The General Assembly of North Carolina enacts:
Section 1.  Article 16 of Chapter 113 of the General Statutes is amended by adding a new section to read:
"§ 113-90.  Limiting marine net fishing.
(a)	The marine resources of the State of North Carolina belong to all of the people of the State and should be conserved and managed for the benefit of the State, its people, and future generations.  To this end the General Assembly enacts limitations on marine net fishing in estuarine waters to protect saltwater finfish, shellfish, and other marine animals from unnecessary killing, overfishing, and waste.
(b)	It is unlawful to use either a gill net or other entangling net in estuarine waters for the purpose of catching or taking any saltwater finfish, shellfish, or other marine animals.
(c)	In addition to the prohibition set forth in subsection (b) of this section, no other type of net containing more than 500 square feet of mesh area shall be used in estuarine waters.  Additionally no more than two nets which shall not be connected shall be used from any vessel, and no person not on a vessel shall use more than one net in estuarine waters.
(d)	The following definitions apply in this section:
(1)	Entangling net. – A drift net, trammell net, stab net, or any other net which captures saltwater finfish, shellfish, or other marine animals by causing all or part of heads, fins, legs, or other body parts to become entangled or ensnared in the meshes of the net.  The term does not include a hand-thrown cast net.
(2)	Estuarine waters. – All the water of the Atlantic Ocean within the boundary of North Carolina and all the waters of the bays, sounds, rivers, and tributaries thereto seaward of the dividing line between coastal fishing waters and inland fishing waters, as set forth in the most recent official published agreement adopted by the Wildlife Resources Commission and the Department of Environment, Health, and Natural Resources.
(3)	Gill net. – One or more walls of netting which captures saltwater finfish by ensnaring or entangling them in the meshes of the net by the gills.  The term does not include a hand-thrown cast net.
(4)	Mesh area of a net. – The total area of netting with the meshes open to comprise the maximum square footage.  The square footage shall be calculated using standard mathematical formulas for geometric shapes.  Seines and other rectangular nets shall be calculated using the maximum length and maximum width of netting.  Trawls and other bag type nets shall be calculated as a cone using the maximum circumference of the net mouth to derive the radius, and the maximum length from the net mouth to the tail end of the net to derive the slant height.  Calculations for any other nets of combination type nets shall be based on the shape of the individual components.
(e)	This section shall not apply to the use of nets for scientific research or governmental purposes.
(f)	Nothing in this section prohibits the establishment by law of more restrictions on the use of nets for the purpose of catching or taking any saltwater finfish, shellfish, or other marine animals."
Sec. 2.  The question of whether North Carolina should limit marine net fishing as set out in the statutory amendment in Section 1 of this act shall be submitted to the qualified voters of the State at the general election in November 1996, which election shall be conducted under the laws then governing elections in the State. Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes.  The question to be used in the voting systems and ballots shall be:
"[ ] FOR    [ ] AGAINST
Limiting marine net fishing".
Sec. 3.  If a majority of the votes cast on the question are in favor of the amendment set out in Section 1 of this act, the State Board of Elections shall certify the amendment to the Secretary of State.  The amendment becomes effective upon this certification.  The Secretary of State shall enroll the amendment so certified among the permanent records of that office.
Sec. 4.  This act is effective upon ratification.