GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	2 

HOUSE BILL 1448*
Committee Substitute Favorable 7/29/98

Short Title:  1998 Marine Fisheries Amendments.	(Public)

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Sponsors:

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Referred to: 

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May 25, 1998

A BILL TO BE ENTITLED
AN ACT TO AMEND THE FISHERIES REFORM ACT OF 1997 AND RELATED MARINE FISHERIES LAWS, AS RECOMMENDED BY THE JOINT LEGISLATIVE COMMISSION ON SEAFOOD AND AQUACULTURE.
The General Assembly of North Carolina enacts:

PART I.  MARINE FISHERIES COMMISSION

Section 1.1.  G.S. 113-128(5a) reads as rewritten:
"(5a)	Marine Fisheries Commission. – The Marine Fisheries Commission of the Department as established by Part 5D of Article 7 of Chapter 143B of the General Statutes."
Section 1.2.  G.S. 120-123(53) reads as rewritten:
"(53)	The North Carolina Marine Fisheries Commission as established by G.S. 143B-289.51."
Section 1.3.  G.S. 143B-289.52(b)(3) reads as rewritten:
"(3)	To govern all license requirements prescribed in Article 14 of Chapter 113 of the General Statutes."
Section 1.4.  G.S. 143B-289.52 is amended by adding a new subsection to read:
"( d1)	The Commission may regulate participation in a fishery that is subject to a federal fishery management plan if that plan imposes a quota on the State for the harvest or landing of fish in the fishery.  If the Commission regulates participation in a fishery under this subsection, the Division may issue a license to participate in the fishery to a person who:
(1)	Held a valid license issued by the Division to harvest, land, or sell fish during at least two of the three license years immediately preceding the date adopted by the Commission to determine participation in the fishery and
(2)	Participated in the fishery during at least two of those license years by landing in the State at least the minimum number of pounds of fish adopted by the Commission to determine participation in the fishery."
Section 1.5.  G.S. 143B-289.52(e) reads as rewritten:
	"(e)  The Commission may adopt rules to implement or comply with a fishery management plan adopted by the Atlantic States Marine Fisheries Commission or adopted by the United States Secretary of Commerce pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. § 1801, et seq.  Notwithstanding G.S. 150B-21.1(a), the Commission may adopt temporary rules under this subsection at any time within six months of the adoption or amendment of a fishery management plan or the notification of a change in management measures needed to remain in compliance with a fishery management plan."
Section 1.6. G.S. 143B-289.54(c) reads as rewritten:
"(c)	Additional Considerations. – In making appointments to the Commission, the Governor shall provide for appropriate representation of women and minorities on the Commission.  The Governor shall make appointments to the Commission consistent with the restrictions of G.S. 113-200(g)."
Section 1.7. G.S. 143B-289.54(h) reads as rewritten:
"(h)	Removal. – The Governor may remove, as provided in G.S. 143B-13,  any member of the Commission for misfeasance, malfeasance, or nonfeasance."

PART II.  FISHERY MANAGEMENT PLANS

Section 2.1.  G.S. 113-182.1 reads as rewritten:
"§ 113-182.1.  (Effective July 1, 1998) Fishery Management Plans.
(a)	The Department shall prepare proposed Fishery Management Plans for adoption by the Marine Fisheries Commission for all commercially or recreationally significant species or fisheries that comprise State marine or estuarine resources. Proposed Fishery Management Plans shall be developed in accordance with the Priority List, Schedule, and guidance criteria established by the Marine Fisheries Commission under G.S. 143B-289.22.
(b)	The goal of the plans shall be to ensure the long-term viability of the State's commercially and recreationally significant species or fisheries. Each plan shall be designed to reflect fishing practices so that one plan may apply to a specific fishery, while other plans may be based on gear or geographic areas. Each plan shall:
(1)	Contain necessary information pertaining to the fishery or fisheries, including management goals and objectives, status of relevant fish stocks, stock assessments for multiyear species, fishery habitat and water quality considerations consistent with Coastal Habitat Protection Plans adopted pursuant to G.S. 143B-279.8, social and economic impact of the fishery to the State, and user conflicts.
(2)	Recommend management actions pertaining to the fishery or fisheries.
(3)	Include conservation and management measures that prevent overfishing, while achieving, on a continuing basis, the optimal yield from each fishery.
(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.
(d)	Each Fishery Management Plan shall be revised at least once every three years. The Marine Fisheries Commission may revise the Priority List and guidance criteria whenever it determines that a revision of the Priority List or guidance criteria will facilitate or improve the development of Fishery Management Plans or is necessary to restore, conserve, or protect the marine and estuarine resources of the State. The Marine Fisheries Commission may not revise the Schedule for the development of a Fishery Management Plan, once adopted, without the approval of the Secretary of Environment and Natural Resources.
(e)	The Secretary of Environment and Natural Resources shall monitor progress in the development and adoption of Fishery Management Plans in relation to the Schedule for development and adoption of the plans established by the Marine Fisheries Commission.  The Secretary of Environment and Natural Resources shall report to the Joint Legislative Commission on Seafood and Aquaculture and the Environmental Review Commission on progress in developing and implementing the Fishery Management Plans on or before 1 September of each year.  The Secretary of Environment and Natural Resources shall report to the Joint Legislative Commission on Seafood and Aquaculture and the Environmental Review Commission within 30 days of the completion or substantial revision of each proposed Fishery Management Plan. The Joint Legislative Commission on Seafood and Aquaculture and the Environmental Review Commission shall concurrently review each proposed Fishery Management Plan within 30 days of the date the proposed Plan is submitted by the Secretary. The Joint Legislative Commission on Seafood and Aquaculture and the Environmental Review Commission may submit comments and recommendations on the proposed Plan to the Secretary within 30 days of the date the proposed Plan is submitted by the Secretary.
(f)	The Marine Fisheries Commission shall adopt rules to implement Fishery Management Plans in accordance with Chapter 150B of the General Statutes.
(g)	To achieve optimal yield under a Fishery Management Plan, the Marine Fisheries Commission may include in the Plan a recommendation that the General Assembly limit the number of fishermen authorized to participate in the fishery.  The Commission may recommend that the General Assembly limit participation in a fishery only if the Commission determines that optimal yield cannot otherwise be achieved.  In determining whether to recommend that the General Assembly limit participation in a fishery, the Commission shall consider all of the following factors:
(1)	Current participation in and dependence on the fishery.
(2)	Past fishing practices in the fishery.
(3)	Economics of the fishery.
(4)	Capability of fishing vessels used in the fishery to engage in other fisheries.
(5)	Cultural and social factors relevant to the fishery and any affected fishing communities.
(6)	Capacity of the fishery to support biological parameters.
(7)	Equitable resolution of competing social and economic interests.
(8)	Any other relevant considerations."

PART III.  MARINE FISHERIES LAW ENFORCEMENT

Section 3.1.  G.S. 113-136(b) reads as rewritten:
"(b)	The jurisdiction of inspectors extends to all matters within the jurisdiction of the Department set out in this Subchapter, Part 5D of Article 7 of Chapter 143B of the General Statutes, Article 5 of Chapter 76 of the General Statutes, and Article 2 of Chapter 77 of the General Statutes, and to all other matters within the jurisdiction of the Department which it directs inspectors to enforce.  In addition, inspectors have jurisdiction over all offenses involving property of or leased to or managed by the Department in connection with the conservation of marine and estuarine resources."
Section 3.2.  G.S. 113-136(g) reads as rewritten:
"(g)	Protectors may not temporarily stop or inspect vehicles proceeding along primary highways of the State without clear evidence that someone within the vehicle is or has recently been engaged in an activity regulated by the Wildlife Resources Commission.  Inspectors may temporarily stop vehicles, boats, airplanes, and other conveyances upon reasonable grounds to believe that they are transporting seafood products; they are authorized to inspect any seafood products being transported to determine whether they were taken in accordance with law and to require exhibition of any applicable license, receipts, permits, bills of lading, or other identification required to accompany such seafood products."
Section 3.3.  G.S. 113-184(a) reads as rewritten:
"(a)	It is unlawful to carry aboard any vessel subject to licensing requirements under Article 14A under way or at anchor in coastal fishing waters during the regular closed oyster season any scoops, scrapes, dredges, or winders such as are usually or can be used for taking oysters. Provided that when such vessels are engaged in lawfully permitted oyster harvesting operations on any privately held shellfish bottom lease under G.S. 113-202 or G.S. 113-205, the vessel shall be exempt from this requirement."
Section 3.4.  G.S. 113-185(a) reads as rewritten:
"(a)	It is unlawful to fish in the ocean from vessels or with a net within 750 feet of an ocean pier licensed in accordance with G.S. 113-169.4. The prohibition shall be effective when:
(1)	Buoys or beach markers, placed at the owner's expense in accordance with the rules adopted by the Marine Fisheries Commission, indicate clearly to fishermen in vessels and on the beach the requisite distance of 750 feet from the pier, and
(2)	The public is allowed to fish from the pier for a reasonable fee.
The prohibition shall not apply to littoral proprietors whose property is within 750 feet of a duly licensed ocean pier."
Section 3.5.  G.S. 113-208(a) reads as rewritten:
"(a)	It is unlawful for any person, other than the holder of private shellfish rights, to take or attempt to take shellfish from any privately leased, franchised, or deeded shellfish bottom area without written authorization of the holder and with actual knowledge it is a private shellfish bottom area.  Actual knowledge will be presumed when the shellfish are taken or attempted to be taken:
(1)	From within the confines of posted boundaries of the area as identified by signs, whether the whole or any part of the area is posted, or
(2)	When the area has been regularly posted and identified and the person knew the area to be the subject of private shellfish rights.
A violation of this section shall constitute a Class A1 misdemeanor, which may include a fine of not more than five thousand dollars ($5,000).  The written authorization shall include the lease number or deed reference, name and address of authorized person, date of issuance, and date of expiration, and it must be signed by the holder of the private shellfish right.  Identification signs shall include the lease number or deed reference and the name of the holder."
Section 3.6.  G.S. 113-221(e) reads as rewritten:
"(e)	The Marine Fisheries Commission may delegate to the Fisheries Director the authority to issue proclamations suspending or implementing, in whole or in part, particular rules of the Commission which may be affected by variable conditions. Such proclamations are to be issued by the Fisheries Director or by a person designated by the Fisheries Director. All proclamations must state the hour and date upon which they become effective and must be issued at least 48 hours in advance of the effective date and time. In those situations in which the proclamation prohibits the taking of certain fisheries resources for reasons of public health, the proclamation can be made effective immediately upon issuance. Notwithstanding any other provisions of this subsection, a proclamation can be issued at least 12 hours in advance of the effective date and time to reopen the taking of certain fisheries resources closed for reason of public health through a prior proclamation made effective immediately upon issuance. Persons violating any proclamation which is made effective immediately shall not be charged with a criminal offense during the time between the issuance and 48 hours after such issuance unless such person had actual notice of the issuance of such proclamation. Fisheries resources taken or possessed by any person in violation of any proclamation may be seized regardless of whether such person had actual notice of the proclamation. A permanent file of the text of all proclamations shall be maintained in the office of the Fisheries Director.  Certified copies of proclamations are entitled to judicial notice in any civil or criminal proceeding.
The Fisheries Director must make every reasonable effort to give actual notice of the terms of any proclamation to the persons who may be affected thereby. Reasonable effort includes press releases to communications media, posting of notices at docks and other places where persons affected may gather, personal communication by inspectors and other agents of the Fisheries Director, and such other measures designed to reach the persons who may be affected.  It is a defense to an enforcement action for a violation of a proclamation that a licensee was prevented from receiving notice of the proclamation due to a natural disaster or other act of God occasioned exclusively by violence of nature without interference of any human agency and that could not have been prevented or avoided by the exercise of due care or foresight."
Section 3.7.  G.S. 113-268 reads as rewritten:
"§ 113-268.  Injuring, destroying, stealing, or stealing from nets, seines, buoys, pots, etc.
(a)	It is unlawful for any person without the authority of the owner of the equipment to take fish from nets, traps, pots, and other devices to catch fish which have been lawfully placed in the open waters of the State.
(b)	It is unlawful for any master or other person having the management or control of a vessel in the navigable waters of the State to willfully, wantonly, and unnecessarily do injury to any seine, net or pot which may lawfully be hauled, set, or fixed in such waters for the purpose of taking fish except that a net set across a channel may be temporarily moved to accommodate persons engaged in drift netting, provided that no fish are removed and no damage is done to the net moved.
(c)	It is unlawful for any person to willfully steal, destroy, or injure any buoys, markers, stakes, nets, pots, or other devices on property lawfully set out in the open waters of the State in connection with any fishing or fishery.
(d)	Violation of subsections (a), (b), or (c) is a Class A1 misdemeanor.
(e)	The Department may, either before or after the institution of any other action or proceeding authorized by this section, institute a civil action for injunctive relief to restrain a violation or threatened violation of subsections (a), (b), or (c) of this section pursuant to G.S. 113-131.  The action shall be brought in the superior court of the county in which the violation or threatened violation is occurring or about to occur and shall be in the name of the State upon the relation of the Secretary.  The court, in issuing any final order in any action brought pursuant to this subsection may, in its discretion, award costs of litigation including reasonable attorney and expert-witness fees to any party."
Section 3.8.  G.S. 113-277(a3) reads as rewritten:
"(a3)	As used in this Article, the term ‘conviction' has the same meaning assigned to it in G.S. 113-171."

PART IV.  FISHING LICENSES; TRANSITIONAL PROVISIONS

Section 4.1.  G.S. 75A-5(h) reads as rewritten:
"(h)	Each certificate of number awarded pursuant to this Chapter must be renewed on or before the first day of the month next succeeding that during which the same expires; otherwise, such certificate shall lapse and be void until such time as it may thereafter be renewed.  Application for renewal shall be submitted on a form approved by the Wildlife Resources Commission and shall be accompanied by a fee of eight dollars ($8.00) for a one-year period or by a fee of twenty dollars ($20.00) for a three-year period; provided, there shall be no fee required for renewal of certificates of number which have been previously issued to commercial fishing vessels as defined in G.S. 75A-5.1, upon compliance with all of the requirements of that section."
Section 4.2.  G.S. 75A-5.1 reads as rewritten:
"§ 75A-5.1.  Commercial fishing vessels; renewal of number.
(a)	The owner of any commercial fishing vessel that is registered under the provisions of G.S. 113-168.6 may renew the certificate of number of the vessel when the owner has complied with all of the conditions of this section.
(b)	As used in this section, ‘commercial fishing vessel' is a vessel used in a commercial fishing operation, as defined in G.S. 113-168.
(c)	In order to be entitled to renewal of certificate of number under the provisions of this section, the owner of the vessel shall submit, and the Wildlife Resources Commission shall require:
(1)	The regular application for renewal of the certificate of number of the vessel, as provided by G.S. 75A-5;
(2)	A statement, on a form to be supplied by the Commission, and signed by the applicant, that the vessel for which the application for renewal is made is a commercial fishing vessel; and
(3)	A receipt, signed by an authorized agent of the Department of Environment and Natural Resources, and bearing the number awarded to the boat under the provisions of this Chapter, showing that the commercial fishing vessel registration fee imposed by G.S. 113-168.6 has been paid for the vessel for the period during which the application for renewal of the certificate of number is submitted.
(d)	Any person who shall willfully give false information upon the application or the statement required by this section or who shall falsify any registration fee receipt required by this section shall be guilty of a Class 1 misdemeanor."
Section 4.3.  G.S. 105-164.13(9) reads as rewritten:
"(9)	Sales of boats, fuel oil, lubricating oils, machinery, equipment, nets, rigging, paints, parts, accessories, and supplies to persons for use by them principally in commercial fishing operations within the meaning of G.S. 113-168, except when the property is for use by persons principally to take fish for recreation or personal use or consumption. As used in this subdivision, ‘fish' is defined as in G.S. 113-129(7)."
Section 4.4.  The catch line for Article 14 of Chapter 113 of the General Statutes reads as rewritten:
"ARTICLE 14.
Commercial and Sports Fisheries Licenses."
Section 4.5.  Subsections (d) and (e) of G.S. 113-154.1 read as rewritten:
"(d)	Application for Non-Vessel Endorsement. –  An application for issuance or renewal of an endorsement to sell shall be filed with the Morehead City office of the Division of Marine Fisheries or license agents authorized to sell licenses under this Article. An application shall be accompanied by the fee established in subsection (b) of this section. Applications shall not be accepted from persons ineligible to hold a license issued by the Marine Fisheries Commission, including any applicant whose endorsement is suspended or revoked on the date of the application. The applicant shall be provided with a copy of the application marked received. The copy shall serve as the endorsement to sell, until the endorsement issued by the Division is received or the Division determines that the applicant is ineligible to hold an endorsement. In addition to the information required in subsection (c) of this section, the applicant shall disclose on the application a valid address, and such other information as the Division may require.
(e)	Application for Replacement Non-Vessel Endorsement to Sell. – A replacement endorsement shall only be obtained from the Morehead City office of the Division of Marine Fisheries. The Division shall not accept an application for a replacement endorsement unless the Division determines that the applicant's current license has not been suspended or revoked. A copy of an application duly filed with the Division shall serve as the endorsement until the replacement license has been received."
Section 4.6.  G.S. 113-154.1(h1) reads as rewritten:
"(h1)	Transfer of Endorsement to Sell Fish on a Vessel License. – A valid endorsement to sell fish on a vessel license may be transferred with the vessel license when the vessel license is transferred by the vessel licensee to (i) another vessel purchased by the vessel licensee or (ii) a vessel that is purchased by another person who is otherwise qualified to hold the vessel license and endorsement under this Article. Upon application to the Morehead City office of the Division of Marine Fisheries by a vessel licensee who is eligible to transfer an endorsement to sell fish on a vessel license under this subsection, the Division shall transfer the endorsement to sell fish on the vessel license.  
		."
Section 4.7.  G.S. 113-154.1(i) is repealed.
Section 4.8.  G.S. 113-156(i)  is repealed.
Section 4.9.  G.S. 113-168 reads as rewritten:
"§ 113-168.  Definitions.
As used in this Article:
(1)	‘Commercial fishing operation' means any activity preparatory to, during, or subsequent to the taking of any fish, the taking of which is subject to regulation by the Commission, either with the use of commercial fishing equipment or gear, or by any means if the purpose of the taking is to obtain fish for sale.  Commercial fishing operation does not include (i) the taking of fish as part of a recreational fishing tournament, unless commercial fishing equipment or gear is used or (ii) the taking of fish under a RCGL.
(2)	‘Commission' means the Marine Fisheries Commission.
(3)	‘Division' means the Division of Marine Fisheries in the Department of Environment and Natural Resources.
(3a)	‘Immediate family' means the mother, father, brothers, sisters, spouse, children, stepparents, stepbrothers, stepsisters, and stepchildren of a person.
(4)	‘License year' means the period beginning 1 July of a year and ending on 30 June of the following year.
(5)	‘North Carolina resident' means a person who is a resident within the meaning of G.S. 113-130(4). 
(6)	‘RCGL' means Recreational Commercial Gear License.
(7)	‘RSCFL' means Retired Standard Commercial Fishing License.
(8)	‘SCFL' means Standard Commercial Fishing License."
Section 4.10.  G.S. 113-168.1 reads as rewritten:
"§ 113-168.1.  General provisions governing licenses and endorsements.
(a)	Duration, Fees. – Except as provided in G.S. 113-173(f), all licenses and endorsements issued under this Article expire on the last day of the license year.  An applicant for any license or endorsement shall pay the full annual fee at the time the applicant applies for the license or endorsement regardless of when application is made.
(b)	Licenses Required to Engage in Commercial Fishing. – It is unlawful for any person to engage in a commercial fishing operation without holding a license and any endorsements required by this Article.  It is unlawful for anyone to command a vessel engaged in a commercial fishing operation without complying with the provisions of this Article and rules adopted by the Commission under this Article.
(c)	Licenses, Assignments, and Endorsements Available for Inspection. – It is unlawful for any person to engage in a commercial fishing operation in the State without having ready at hand for inspection all valid licenses, assignments, and endorsements required under this Article.  To comply with this subsection, a person must have any required endorsements and either a currently valid (i) license issued in the person's true name and bearing the person's current address or (ii) SCFL and an assignment of the SCFL authorized under this Article.  It is unlawful for a person to refuse to exhibit any license, assignment, or endorsement required by this Article upon the request of an inspector or other law enforcement officer authorized to enforce federal or State laws, regulations, or rules relating to marine fisheries.
(d)	No Dual Residency. – It is unlawful for any person to hold any currently valid license issued under this Article to the person as a North Carolina resident if that person holds any currently valid commercial or recreational fishing license issued by another state to the person as a resident of that state.
(e)	License Format. – Licenses issued under this Article shall be issued in the name of the applicant.  Each license shall show the type of license and any endorsements; the name, mailing address, physical or residence address, and date of birth of the licensee; the date on which the license is issued; the date on which the license expires; and any other information that the Commission or the Division determines to be necessary to accomplish the purposes of this Subchapter.
(f)	License Issuance and Renewal. – Except as provided in G.S. 113-173(d), the Division shall issue licenses and endorsements under this Article to eligible applicants at any office of the Division or by mail from the Morehead City office of the Division.  A license or endorsement may be renewed in person at any office of the Division or by mail to the Morehead City office of the Division.  Eligibility to renew an expired SCFL shall end one year after the date of expiration of the SCFL.
(g)	Limitations on Eligibility. – A person is not eligible to obtain or renew a license or endorsement under this Article if, at the time the person applies for the license or endorsement, any other license or endorsement issued to the person under this Article is suspended or revoked.  A person is not eligible to obtain a license or endorsement under this Article if, within the three years prior to the date of application, the person has been determined to be responsible for four or more violations of federal or state laws, regulations, or rules governing the management of marine and estuarine resources.  An applicant shall certify that the applicant has not been determined to be responsible for four or more violations of federal or state laws, regulations, or rules governing the management of marine and estuarine resources during the previous three years.
(h)	Replacement Licenses and Endorsements. – The Division shall issue a replacement license, including any endorsements, to a licensee for a license that has been lost, stolen, or destroyed and that has not been suspended or revoked.  To obtain a replacement license, a licensee shall pay a replacement fee of ten dollars ($10.00).  A licensee may apply for a replacement license in person at any office of the Division or by mail to the Morehead City office of the Division.  A licensee may use a copy of the application for a replacement license that has been filed with the Division as a temporary license until the licensee receives the replacement license.
(i)	Cancellation. – The Division may cancel a license or endorsement issued on the basis of a license application that contains false information supplied by the applicant.  A cancelled license or endorsement is void from the date of issuance.  A person in possession of a cancelled license or endorsement shall surrender the cancelled license or endorsement to the Division.  It is unlawful to refuse to surrender a cancelled license or endorsement upon demand of any authorized agent of the Division."
Section 4.11.  G.S. 113-168.2 reads as rewritten:
"§ 113-168.2.  Standard Commercial Fishing License.
(a)	Requirement. –Except as otherwise provided in this Article, it is unlawful for any person to engage in a commercial fishing operation in the coastal fishing waters without holding a SCFL issued by the Division.  A person who works as a member of the crew of a vessel engaged in a commercial fishing operation under the direction of a person who holds a valid SCFL is not required to hold a SCFL.  A person who holds a SCFL is not authorized to take shellfish unless the SCFL is endorsed as provided in G.S. 113-168.5(d) or the person holds a shellfish license issued pursuant to G.S. 113-169.2.
(a1)	Use of Vessels. – The holder of a SCFL is authorized to use only one vessel in a commercial fishing operation at any given time.  The Commission may adopt a rule to exempt from this requirement a person in command of a vessel that is auxiliary to a vessel engaged in a pound net operation, long-haul operation, beach seine operation, or menhaden operation.
			(e)	Fees. – The annual SCFL fee for a resident of this State shall be two hundred dollars ($200.00).  The annual SCFL fee for a person who is not a resident of this State shall be eight hundred dollars ($800.00) or the amount charged to a resident of this State in the nonresident's state, whichever is less. In no event, however, may the fee be less than two hundred dollars ($200.00).  For purposes of this subsection, a ‘resident of this State' is a person who is a resident within the meaning of:
(1)	Sub-subdivisions a. through d. of G.S. 113-130(4) and who filed a State income tax return as a resident of North Carolina for the previous calendar or tax year, or
(2)	G.S. 113-130(4)e.
(f)	Assignment. – The holder of a SCFL may assign the SCFL to any individual who is eligible to hold a SCFL under this Article.  The assignment shall be in writing on a form provided by the Division and shall include the name of the licensee, the license number, any endorsements, the assignee's name, mailing address, physical or residence address, and the duration of the assignment.  If a notarized copy of an assignment is not filed with the Morehead City office of the Division within five days of the date of the assignment, the assignment shall expire.  It is unlawful for the assignee of a SCFL to assign the SCFL.  The assignment shall terminate:
(1)	Upon written notification by the assignor to the assignee and the Division that the assignment has been terminated.
(1a)	Upon written notification by the estate of the assignor to the assignee and the Division that the assignment has been terminated.
(2)	If the Division determines that the assignee is operating in violation of the terms and conditions applicable to the assignment.
(3)	If the assignee becomes ineligible to hold a license under this Article.
(4)	Upon the death of the assignee.
(5)	If the Division suspends or revokes the assigned SCFL.
(6)	At the end of the license year.
(g)	Transfer. – A SCFL may be 
					transferred only by the Division.  A SCFL may be transferred pursuant to rules adopted by the Commission or upon the request of:
(1)	A licensee, from the licensee to a member of the licensee's immediate family who is eligible to hold a SCFL under this Article.
(2)	The administrator or executor of the estate of a deceased licensee, to the administrator or executor of the estate if a surviving member of the deceased licensee's immediate family is eligible to hold a SCFL under this Article.  The administrator or executor must request a transfer under this subdivision within six months after the administrator or executor qualifies under Chapter 28A of the General Statutes.  An administrator or executor who holds a SCFL under this subdivision may, for the benefit of the estate of the deceased licensee:
a.	Engage in a commercial fishing operation under the SCFL if the administrator or executor is eligible to hold a SCFL under this Article.
b.	Assign the SCFL as provided in subsection (f) of this section.
c.	Renew the SCFL as provided in G.S. 113-168.1.
(3)	An administrator or executor to whom a SCFL was transferred pursuant to subdivision (2) of this subsection, to a surviving member of the deceased licensee's immediate family who is eligible to hold a SCFL under this Article.
(4)	The surviving member of the deceased licensee's immediate family to whom a SCFL was transferred pursuant to subdivision (3) of this subsection, to a third-party purchaser of the deceased licensee's fishing vessel.
(5)	A licensee who is retiring from commercial fishing, to a third-party purchaser of the licensee's fishing vessel.
(h)	Identification as Commercial Fisherman. – The receipt of a current and valid SCFL or shellfish license issued by the Division shall serve as proper identification of the licensee as a commercial fisherman.
(i)	Record-Keeping Requirements. – The fish dealer shall record each transaction at the time and place of landing on a form provided by the Division.  The transaction form shall include the information on the SCFL or shellfish license, the quantity of the fish, the identity of the fish dealer, and other information as the Division deems necessary to accomplish the purposes of this Subchapter.  The person who records the transaction shall provide a completed copy of the transaction form to the Division and to the other party of the transaction.  The Division's copy of each transaction form shall be transmitted to the Division by the fish dealer on or before the tenth day of the month following the transaction."
Section 4.12.  G.S. 113-168.3 reads as rewritten:
"§ 113-168.3.  Retired Standard Commercial Fishing License.
(a)	SCFL Provisions Applicable. – Except as provided in this section, the provisions set forth in this Article concerning the SCFL shall apply to the RSCFL.
(b)	Eligibility; Fees. – Any individual who is 65 years of age or older and who is eligible for a SCFL under G.S. 113-168.2 may apply for either a SCFL or RSCFL.  An applicant for a RSCFL shall provide proof of age at the time the application is made.  The annual fee for a RSCFL for a resident of this State shall be one hundred dollars ($100.00).  The annual fee for a RSCFL for a person who is not a resident of this State shall be eight hundred dollars ($800.00) or the amount charged to a resident of this State in the nonresident's state, whichever is less.  In no event, however, shall the fee be less than one hundred dollars ($100.00).  For purposes of this subsection, a ‘resident of this State' is a person who is a resident within the meaning of:
(1)	Sub-subdivisions a. through d. of G.S. 113-130(4) and who filed a State income tax return as a resident of North Carolina for the previous calendar or tax year, or
(2)	G.S. 113-130(4)e.
(c)	Transfer. – The holder of a RSCFL may transfer the RSCFL as provided in G.S. 113-168.2.  
(1)	If the transferee is less than 65 years of age, the transferee holds a SCFL.  When the transferee renews the SCFL, the transferee shall pay the fee set out in G.S. 113-168.2.
(2)	If the transferee is 65 years of age or older, the transferee may elect to hold either a SCFL or RSCFL.  If the transferee elects to hold a SCFL, the transferee shall pay the fee set out in G.S. 113-168.2.  If the transferee elects to hold a RSCFL, the transferee shall pay the fee set out in this section.
(d)	Assignment. – The RSCFL shall not be assignable."
Section 4.13.  G.S. 113-168.4 reads as rewritten:
"§ 113-168.4.  Sale of fish.
(a)	Except as otherwise provided in this section, it is unlawful for any person who takes or lands any species of fish under the authority of the Commission from coastal fishing waters by any means whatever, including mariculture operations, to sell, offer for sale, barter or exchange these fish for anything of value without holding a license required to sell the type of fish being offered.  
(b)	It is unlawful for any person licensed under this section to sell fish taken outside the territorial waters of the State or to sell fish taken from coastal fishing waters except to:
(1)	Fish dealers licensed under G.S. 113-169.3; or
(2)	The public, if the seller is also licensed as a fish dealer under G.S. 113-169.3.
(c)	A person who organizes a recreational fishing tournament may sell fish taken in connection with the tournament pursuant to a recreational fishing tournament license to sell fish.  A person who organizes a recreational fishing tournament may obtain a recreational fishing tournament license to sell fish upon application to the Division and payment of a fee of one hundred dollars ($100.00).  It is unlawful for any person licensed under this subsection to sell fish to any person other than a fish dealer licensed under G.S. 113-169.3 unless the seller is also a licensed fish dealer.  A recreational fishing tournament is an organized fishing competition occurring within a specified time period not to exceed one week and that is not a commercial fishing operation. Gross proceeds from the sale of fish may be used only for charitable, religious, educational, civic, or conservation purposes and shall not be used to pay tournament expenses."
Section 4.14.  G.S. 113-168.5 reads as rewritten:
"§ 113-168.5.  License endorsements for Standard Commercial Fishing License.
															(c)	Menhaden Endorsements. – Except as provided in G.S. 113-169, it is unlawful to use a vessel to take menhaden by purse seine in coastal fishing waters, to land menhaden taken by purse seine, or to sell menhaden taken by purse seine without obtaining a menhaden endorsement of a SCFL.  The fee for a menhaden endorsement shall be two dollars ($2.00) per ton, based on gross tonnage as determined by the custom house measurement for the mother ship.  The menhaden endorsement shall be required for the mother ship but no separate endorsement shall be required for a purse boat carrying a purse seine.  The application for a menhaden endorsement must state the name of the person in command of the vessel.  Upon a change in command of a menhaden vessel, the owner must notify the Division in writing within 30 days.
(d)	Shellfish Endorsement for North Carolina Residents. – The Division shall issue a shellfish endorsement of a SCFL to a North Carolina resident at no charge.  The holder of a SCFL with a shellfish endorsement is authorized to take and sell shellfish."
Section 4.15.  Article 14A of Chapter 113 of the General Statutes is amended by adding a new section to read:
"§ 113-168.6.  Commercial fishing vessel registration.
(a)	As used in this subsection, a North Carolina vessel is a vessel that has its primary situs in the State.  A vessel has its primary situs in the State if:
(1)	A certificate of number has been issued for the vessel under Article 1 of Chapter 75A of the General Statutes;
(2)	A certificate of title has been issued for the vessel under Article 4 of Chapter 75A of the General Statutes; or
(3)	A certification of documentation has been issued for the vessel that lists a home port in the State under 46 U.S.C. § 12101, et seq., as amended.
(b)	The owner of a vessel used in a commercial fishing operation in the coastal fishing waters of the State or a North Carolina vessel used to land or sell fish in the State shall register the vessel with the Division.  It is unlawful to use a vessel that is not registered with the Division in a commercial fishing operation in the coastal fishing waters of the State.  It is unlawful to use a North Carolina vessel that is not registered with the Division to land or sell fish in the State.  No registration is required for a vessel of any length that does not have a motor if the vessel is used only in connection with another vessel that is properly registered.
(c)	The annual fee for a commercial fishing vessel registration shall be determined by the length of the vessel and shall be in addition to the fee for other licenses issued under this Article.  The length of a vessel shall be determined by measuring the distance between the ends of the vessel along the deck and through the cabin, excluding the sheer.  The annual fee for a commercial fishing vessel registration is:
(1)	One dollar ($1.00) per foot for a vessel not over 18 feet in length.
(2)	One dollar and fifty cents ($1.50) per foot for a vessel over 18 feet but not over 38 feet in length.
(3)	Three dollars ($3.00) per foot for a vessel over 38 feet but not over 50 feet in length.
(4)	Six dollars ($6.00) per foot for a vessel over 50 feet in length.
(d)	A vessel may be registered at any office of the Division.  A commercial fishing vessel registration expires on the last day of the license year.
(e)	Within 30 days of the date on which the owner of a registered vessel transfers ownership of the vessel, the new owner of the vessel shall notify the Division of the change in ownership and request that the Division transfer the commercial fishing vessel registration to the new owner. The notification of a change in the ownership of a vessel and request that the commercial fishing vessel registration be transferred shall be accompanied by proof of the transfer of the vessel."
Section 4.16.  G.S. 113-169 reads as rewritten:
"§ 113-169.  Menhaden license for nonresidents not eligible for a SCFL.
A person who is not a North Carolina resident, who is not eligible for a SCFL under this Article, and who only seeks to engage in a commercial fishing operation for the harvest and sale of menhaden is eligible to obtain a menhaden license for nonresidents.  The fee for the menhaden license for nonresidents shall be two dollars ($2.00) per ton, gross tonnage, customhouse measurements for the mother ship.  The menhaden license for nonresidents shall be required for the mother ship to take, land, or sell menhaden in North Carolina taken by purse seine.  No separate endorsement shall be required for a purse boat carrying a purse seine.  The application for a menhaden license for nonresidents must state the name of the person in command of the vessel.  Upon change in command of a menhaden vessel, the owner must notify the Division within 30 days.  A person who works as a member of the crew of a vessel engaged in a commercial fishing operation for the harvest and sale of menhaden under the direction of a person who holds a valid menhaden license for nonresidents is not required to hold a menhaden license for nonresidents or a SCFL."
Section 4.17.  G.S. 113-169.2 reads as rewritten:
"§ 113-169.2.  Shellfish license for North Carolina residents without a SCFL.
(a)	License or Endorsement Necessary to Take or Sell Shellfish. – It is unlawful for an individual to take shellfish from the public or private grounds of the State by mechanical means or in quantities greater than the personal use limits set forth in subsection (i) of this section by any means without holding either a shellfish license or a shellfish endorsement of a SCFL.  A North Carolina resident who seeks only to take and sell shellfish shall be eligible to obtain a shellfish license without holding a SCFL.  The shellfish license authorizes the licensee to sell shellfish.
	(c)	Fees. – Shellfish licenses shall be issued annually upon payment of a fee of twenty-five dollars ($25.00) upon proof that the license applicant is a North Carolina resident.
(d)	License Available for Inspection. – It is unlawful for any individual to take shellfish in quantities greater than the personal use limits set forth in subsection (i) of this section from the public or private grounds of the State without having ready at hand for inspection a current and valid shellfish license issued to the licensee personally and bearing the licensee's correct name and address.  It is unlawful for any individual taking or possessing freshly taken shellfish to refuse to exhibit the individual's license upon the request of an officer authorized to enforce the fishing laws.
		(f)  Name or Address Change. – In the event of a change in name or address or upon receipt of an erroneous shellfish license, the licensee shall, within 30 days, apply for a replacement shellfish license bearing the correct name and address.  Upon a showing by the individual that the name or address change occurred within the past 30 days, the trial court or prosecutor shall dismiss any charges brought pursuant to this subsection.
(g)	Transfer Prohibited. – It is unlawful for an individual issued a shellfish license to transfer or offer to transfer the license, either temporarily or permanently, to another.  It is unlawful for an individual to secure or attempt to secure a shellfish license from a source not authorized by the Commission.
(h)	Exemption. – Persons under 16 years of age are exempt from the license requirements of this section if accompanied by a parent, grandparent, or guardian who is in compliance with the requirements of this section or if in possession of a parent's, grandparent's or guardian's shellfish license.
(i)	Taking Shellfish Without a License for Personal Use. –
(1)	A person may take shellfish for personal use without obtaining a license under this section in quantities up to:
a.	One bushel of oysters per day.
b.	One-half bushel of scallops per day.
c.	One hundred clams per day.
d.	Ten conchs per day.
e.	One hundred mussels per day.
(2)	Two or more persons who are using a vessel to take shellfish may take shellfish for personal use without obtaining a license under this section in quantities up to:
a.	Two bushels of oysters per day.
b.	One bushel of scallops per day.
c.	Two hundred clams per day.
d.	Twenty conchs per day.
e.	Two hundred mussels per day."
Section 4.18.  G.S. 113-169.3 reads as rewritten:
"§ 113-169.3.  Licenses for fish dealers.
(a)	Eligibility. – A fish dealer license shall be issued to a North Carolina resident upon receipt of a proper application at any office of the Division together with all license fees including the total number of dealer categories set forth in this section.  The license shall be issued in the name of the applicant and shall include all dealer categories on the license.
(b)	Application for License. – Applications shall not be accepted from persons ineligible to hold a license issued by the Division, including any applicant whose license is suspended or revoked on the date of the application.  The applicant shall be provided with a copy of the application marked received.  The copy shall serve as the fish dealer's license until the license issued by the Division is received, or the Division determines that the applicant is ineligible to hold a license.  Where an applicant does not have an established location for transacting the fisheries business within the State, the license application shall be denied unless the applicant satisfies the Secretary that his residence, or some other office or address within the State, is a suitable substitute for an established location and that records kept in connection with licensing, sale, and purchase requirements will be available for inspection when necessary.  Fish dealers' licenses are issued on a fiscal year basis upon payment of a fee as set forth herein upon proof, satisfactory to the Secretary, that the license applicant is a North Carolina resident.
(c)	License Requirement. – Any person subject to the licensing requirements of this section is a fish dealer.  Any person subject to the licensing requirements of this section shall obtain a separate license for each physical location conducting activities required to be licensed under this section.  Except as otherwise provided in this section, it is unlawful for any person not licensed pursuant to this Article:
(1)	To buy fish for resale from any person involved in a commercial fishing operation that takes any species of fish from coastal fishing waters.  For purposes of this subdivision, a retailer who purchases fish from a fish dealer shall not be liable if the fish dealer has not complied with the licensing requirements of this section;
(2)	To sell fish to the public; or
(3)	To sell to the public any species of fish under the authority of the Commission taken from coastal fishing waters.
(d)	Exceptions to License Requirements. – The Commission may adopt rules to implement this subsection including rules to clarify the status of the listed classes of exempted persons, require submission of statistical data, and require that records be kept in order to establish compliance with this section.  Any person not licensed pursuant to this section is exempt from the licensing requirements of this section if all fish handled within any particular licensing category meet one or more of the following requirements:
(1)	The fish are sold by persons whose dealings in fish are primarily educational, scientific, or official, and who have been issued a permit by the Division that authorizes the educational, scientific, or official agency to sell fish taken or processed in connection with research or demonstration projects;
(2)	The fish are sold by individual employees of fish dealers when transacting the business of their duly licensed employer;
(3)	The fish are shipped to a person by a dealer from without the State;
(4)	The fish are of a kind the sale of which is regulated exclusively by the Wildlife Resources Commission; or
(5)	The fish are purchased from a licensed dealer.
(e)	Application Fee for New Fish Dealers. – An applicant for a new fish dealer license shall pay a nonrefundable application fee of fifty dollars ($50.00) in addition to the license category fees set forth in this section.
(f)	License Category Fees. – Every fish dealer subject to licensing requirements shall secure an annual license at each established location for each of the following activities transacted there, upon payment of the fee set out:
(1)	Dealing in oysters: $50.00;
(2)	Dealing in scallops: $50.00;
(3)	Dealing in clams: $50.00;
(4)	Dealing in hard or soft crabs: $50.00;
(5)	Dealing in shrimp, including bait: $50.00;
(6)	Dealing in finfish, including bait: $50.00;
(7)	Operating menhaden or other fish-dehydrating or oil-extracting processing plants: $50.00; or
(8)	Consolidated license (all categories): $300.00.
Any person subject to fish dealer licensing requirements who deals in fish not included in the above categories shall secure a finfish dealer license.  The Commission may adopt rules implementing and clarifying the dealer categories of this subsection.  Bait operations shall be licensed under either the finfish or shrimp dealer license categories.
(g)	License Format. – The format of the license shall include the name of the licensee, date of birth, name and physical address of each business location, expiration date of the license, and any other information the Division deems necessary to accomplish the purposes of this Subchapter.
	(h1)	Name or Address Change. –  If the name or address of a licensee changes, the licensee shall, within 30 days, apply for a replacement fish dealer license bearing the correct name and address.  If the licensee fails to comply with this requirement, the license is revoked.  A revocation under this subsection is not subject to G.S. 150B-3.
(i)	Unlawful Purchase of Fish. – It is unlawful for a fish dealer to buy or accept fish unless, at the time of the transaction:
(1)	The seller or donor presents a current and valid license to sell the type of fish being offered;
(2)	The seller or donor presents the commercial fishing vessel registration of the vessel that was used to take the fish being offered; and 
(3)	The dealer records the transaction consistent with the record-keeping requirements of G.S. 113-168.2(i).
(j)	Transfer Prohibited. – Any fish dealer license issued under this section is nontransferable.  It is unlawful to use a fish dealer license issued to another person in the sale or attempted sale of fish or for a licensee to lend or transfer a fish dealer license for the purpose of circumventing the requirements of this section."
Section 4.19.  G.S. 113-170.1 reads as rewritten:
"§ 113-170.1.  Nonresidents reciprocal agreements.
Persons who are not North Carolina residents are not eligible to obtain licenses under the provisions of this Article except as provided in this section.  Residents of jurisdictions that sell commercial fishing licenses to North Carolina residents are eligible to hold North Carolina commercial fishing licenses under the provisions of G.S. 113-168.2.  Licenses may be restricted in terms of area, gear, and fishery by the Commission so that the nonresidents are licensed to engage in North Carolina fisheries on the same or similar terms that North Carolina residents can be licensed to engage in the fisheries of other jurisdictions.  The Secretary may enter into reciprocal agreements with other jurisdictions as necessary to allow nonresidents to obtain commercial fishing licenses in the State subject to the foregoing provisions."
Section 4.20.  G.S. 113-173 reads as rewritten:
"§ 113-173.  Recreational Commercial Gear License.
(a)	License Required. – Except as provided in subsection (j) of this section, it is unlawful for any person to take or attempt to take fish for recreational purposes by means of commercial fishing equipment or gear in coastal fishing waters without holding a RCGL. As used in this section, fish are taken for recreational purposes if the fish are not taken for the purpose of sale. The RCGL entitles the licensee to use authorized commercial gear to take fish for personal use subject to recreational possession limits.  It is unlawful for any person licensed under this section or fishing under a RCGL to possess fish in excess of recreational possession limits.
(b)	Sale of Fish Prohibited. – It is unlawful for the holder of a RCGL or for a person who is exempt under subsection (j) of this section to sell fish taken under the RCGL or pursuant to the exemption.
(c)	Authorized Commercial Gear. – The Commission shall adopt rules authorizing the use of a limited amount of commercial fishing equipment or gear for recreational fishing under a RCGL. The Commission may authorize the limited use of commercial gear on a uniform basis in all coastal fishing waters or may vary the limited use of commercial gear within specified areas of the coastal fishing waters. The Commission shall periodically evaluate and revise the authorized use of commercial gear for recreational fishing. Authorized commercial gear shall be identified by visible colored tags or other means specified by the Commission in order to distinguish between commercial gear used in a commercial operation and commercial gear used for recreational purposes.
(d)	Purchase; Renewal. – A RCGL may be purchased at designated offices of the Division and from a license agent authorized under G.S. 113-172. A RCGL may be renewed by mail.
(e)	Replacement RCGL. – Upon receipt of a proper application and a two-dollar ($2.00) replacement fee, the Division may issue a duplicate RCGL to replace an unexpired RCGL that has been lost or destroyed.
(f)	Duration; Fees. – The RCGL shall be valid for a one-year period from the date of purchase.  The fee for a RCGL for a North Carolina resident shall be thirty-five dollars ($35.00). The fee for a RCGL for an individual who is not a North Carolina resident shall be two hundred fifty dollars ($250.00).
(g)	RCGL Available for Inspection. – It is unlawful for any person to engage in recreational fishing by means of restricted commercial gear in the State without having ready at hand for inspection a valid RCGL. A holder of a RCGL shall not refuse to exhibit the RCGL upon the request of an inspector or any other law enforcement officer authorized to enforce federal or State laws, regulations, or rules relating to marine fisheries.
(h)	Assignment and Transfer Prohibited. – A RCGL is not transferable. Except as provided in subsection (j) of this section, it is unlawful to buy, sell, lend, borrow, assign, or otherwise transfer a RCGL, or to attempt to buy, sell, lend, borrow, assign, or otherwise transfer a RCGL.
(i)	Reporting Requirements. – The holder of a RCGL shall comply with the biological data sampling and survey programs of the Commission and the Division.
(j)	Exemptions. – 
(1)	A person who is under 16 years of age may take fish for recreational purposes by means of authorized commercial gear without holding a RCGL if the person is accompanied by a parent, grandparent, or guardian who holds a valid RCGL or if the person has in the person's possession a valid RCGL issued to the person's parent, grandparent, or guardian.
(2)	A person may take crabs for recreational purposes by means of one or more crab pots attached to the shore along privately owned land or to a privately owned pier without holding a RCGL provided that the crab pots are attached with the permission of the owner of the land or pier.
(3)	A person who is on a vessel may take fish for recreational purposes by means of authorized commercial gear without holding a RCGL if there is another person on the vessel who holds a valid RCGL. This exemption does not authorize the use of commercial gear in excess of that authorized for use by the person who holds the valid RCGL or, if more than one person on the vessel holds a RCGL, in excess of that authorized for use by those persons.
(4)	A person using nonmechanical means may take shellfish for personal use within the limits specified in G.S. 113-169.2(i) without holding a RCGL."
Section 4.21.  G.S. 113-183 reads as rewritten:
"§ 113-183. Unlawful purchase, possession, transportation and sale of fish.
(a)	It is unlawful to possess, transport, offer to transport, sell, offer to sell, receive, buy, or attempt to buy any fish regulated by the Department with knowledge or reason to believe that such fish are illicit.
(b)	Fish are illicit when taken, possessed, or dealt with unlawfully, or when there has occurred at any time with respect to such fish a substantial failure of compliance with the applicable provisions of this Subchapter or of rules made under the authority of this Subchapter.
(c)	It is unlawful for any person to purchase, possess,  or sell fish taken from coastal fishing waters in violation of this Subchapter or the rules adopted by the Commission implementing this Subchapter."
Section 4.22.  G.S. 113-223 reads as rewritten:
"§ 113-223. Reciprocal agreements by Department generally.
Subject to the specific provisions of G.S. 113-169.5 and G.S. 113-170.1 relating to reciprocal provisions as to landing and selling catch and as to licenses, the Department is empowered to make reciprocal agreements with other jurisdictions respecting any of the matters governed in this Subchapter.  Pursuant to such agreements the Department may modify provisions of this Subchapter in order to effectuate the purposes of such agreements, in the overall best interests of the conservation of marine and estuarine resources."
Section 4.23.  Article 19A of Chapter 113 of the General Statutes reads as rewritten:
                         "ARTICLE 19A.
" Fishery Management Councils.
"§ 113-259.  North Carolina members of the South Atlantic Fishery Management Council.
(a)	In pursuance of Section 302 of the Magnuson -Stevens Fishery Conservation and Management Act, 16 U.S.C. § 1801, et seq., there shall be at least two members of the South Atlantic Fishery Management Council from the State of North Carolina.
(b)	The first Council member shall be the principal State official with marine fishery management responsibility and expertise in the State, which official is the Director of the Division of Marine Fisheries of the Department or his designee.
(c)	Pursuant to the enabling legislation, other members from the State of North Carolina are selected by the United States Secretary of Commerce from a list of qualified individuals submitted by the Governor of the State.  The list of nominees shall be compiled by the Marine Fisheries Commission and must be comprised of individuals who are knowledgeable and experienced with regard to the management, conservation, or commercial or recreational harvest of the fishery resources in the Atlantic Ocean seaward of the states of North Carolina, South Carolina, Georgia, and Florida. Prior to submission of the list of nominees, the Governor may consult with the Commission regarding additions to the list of nominees to be submitted.  Should it be necessary for the Governor to submit additional nominees, the list of nominees shall be compiled by the Marine Fisheries Commission.
"§ 113-260.  North Carolina members of the Mid-Atlantic Fishery Management Council.
(a)	In pursuance of Section 302 of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. § 1801, et seq., there shall be at least two members of the Mid-Atlantic Fishery Management Council from the State of North Carolina.
(b)	The first Council member shall be the principal State official with marine fishery management responsibility and expertise in the State, which official is the Director of the Division of Marine Fisheries of the Department or his designee.
(c)	Pursuant to the enabling legislation, other members from the State of North Carolina are selected by the United States Secretary of Commerce from a list of qualified individuals submitted by the Governor of the State.  The list of nominees shall be compiled by the Marine Fisheries Commission and must be comprised of individuals who are knowledgeable and experienced with regard to the management, conservation, or commercial or recreational harvest of the fishery resources in the Atlantic Ocean seaward of the states of New York, New Jersey, Delaware, Pennsylvania, Maryland, Virginia, and North Carolina. Prior to submission of the list of nominees, the Governor may consult with the Commission regarding additions to the list of nominees to be submitted.  Should it be necessary for the Governor to submit additional nominees, the list of nominees shall be compiled by the Marine Fisheries Commission."
Section 4.24.  Section 5.2 of S.L. 1997-400 reads as rewritten:
"Section 5.2.  (a)	Definitions; Citations.  The definitions set out in G.S. 113-168 apply to this section.  A citation to a provision of the General Statutes in this section means that provision of the General Statutes as enacted by this act.
(b)	Transitional Provisions.  In order to effect an orderly implementation of this Part and the transition from the moratorium imposed by subsection (a) of Section 3 of Chapter 576 of the 1993 Session Laws, Regular Session 1994, as amended by Section 3 of Chapter 675 of the 1993 Session Laws, Regular Session 1994; subsection (a) of Section 26.5 of Chapter 507 of the 1995 Session Laws; Section 7 of S.L. 1997-256; Section 3 of S.L. 1997-347; and Section 6.1 of this act, to the licensing provision of Article 14A of Chapter 113 of the General Statutes, the provisions of this section shall apply to the issuance of licenses under Article 14A of Chapter 113 of the General Statutes until all Fishery Management Plans have been adopted as required by G.S. 113-182.1 and G.S. 143B-289.22.
(c)	Temporary Cap.  There is hereby imposed a temporary cap on the total number of SCFLs that the Division may issue.  The temporary cap equals the total number of endorsements to sell fish that establish eligibility for a SCFL under subsection (g) of this section plus 500 additional SCFLs, authorized by subsection (d) of this section.
(d)	1999-2000 License Year.  For the 1999-2000 license year, the Commission is authorized to issue SCFLs as provided in subsection (g) of this section plus an additional 500 SCFLs using the procedure set out in subsection (h) of this section.
(e)	Subsequent License Years.  For license years beginning with the 2000-01 license year, the Commission is authorized to issue SCFLs from the pool of available SCFLs as provided in subsection (f) of this section using the procedure set out in subsection (h) of this section.
(f)	Adjustment of Number of SCFLs.  The number of SCFLs in the pool of available SCFLs in license years beginning with the 2000-01 license year is the temporary cap less the number of SCFLs that were issued during the previous license year.  The Commission may increase or decrease the number of SCFLs that are issued from the pool of available SCFLs.  The Commission may increase the number of SCFLs that are issued from the pool of available SCFLs up to the temporary cap.  The Commission may decrease the number of SCFLs that are issued from the pool of available SCFLs but may not refuse to renew a SCFL that is issued during the previous license year and that has not been suspended or revoked.  The Commission shall increase or decrease the number of SCFLs that are issued to reflect its determination as to the effort that the fishery can support, based on the best available scientific evidence.
(g)	Eligibility for SCFL.  Any person who holds a valid endorsement to sell fish of a vessel license on 30 June 1999 is eligible to receive a SCFL.  Any person who holds a valid nonvessel endorsement to sell fish, other than a nonvessel endorsement to sell fish issued for an aquaculture operation or a fishing tournament, on 30 June 1999 is eligible to receive a SCFL.  The Division shall issue a SCFL to any person who is eligible under this subsection upon receipt of an application and required fees.  If the person held more than one endorsement to sell fish, the person is eligible to receive a SCFL for each endorsement to sell previously held.  Eligibility to receive a SCFL under this subsection shall expire 30 June 2000.
(h)	Procedure for Issuing Additional SCFLs.  The Commission shall determine a procedure for issuing the 500 additional SCFLs authorized by subsection (d) of this section for the 1999-2000 license year and for issuing SCFLs from the pool of available SCFLs authorized by subsection (e) of this section.  The procedure shall set a date on which the Division will begin receiving applications and a date on which the determination by lot of which applicants will receive a SCFL will be made.  The Commission shall develop criteria to be used by the SCFL Eligibility Board in determining eligibility for a SCFL under this subsection.  Criteria shall include the past involvement of the applicant and the applicant's family in commercial fishing; the extent to which the applicant has relied on commercial fishing for the applicant's livelihood; the extent to which the applicant has complied with federal and State laws, regulations, and rules relating to coastal fishing and protection of the environment; and any other factors the Commission determines to be relevant.  The SCFL Eligibility Board shall review each application for a SCFL that the Division receives during the application period to determine whether the applicant is eligible for a SCFL under the eligibility criteria established by the Commission.  The Division shall issue SCFLs under this subsection by lot.  All applicants who are determined to be eligible shall have an equal chance of being issued a SCFL.
(i)	SCFL Eligibility Board.  There is established a SCFL Eligibility Board.  The Board shall apply the eligibility criteria adopted by the Commission to determine whether an applicant for a SCFL is eligible for a SCFL under subsection (h) of this section.  The Board shall consist of the Secretary of Environment and Natural Resources or the Secretary's designee, the Fisheries Director or the Director's designee, and the Chair of the Commission or the Chair's designee.  The Secretary shall designate one member of the Board to serve as Chair of the Board.  The Commission shall adopt rules to govern the operation of the Board.  The Board is exempt from the provisions of Article 3 of Chapter 150B of the General Statutes.  Decisions of the Board shall be subject to judicial review under the provisions of Article 4 of Chapter 150B of the General Statutes."

PART V.  MISCELLANEOUS PROVISIONS; EFFECTIVE DATES

Section 5.1.  Unless otherwise expressly provided, every agency to which this act applies shall adopt rules to implement the provisions of this act only in accordance with the provisions of Chapter 150B of the General Statutes.  This act constitutes a recent act of the General Assembly within the meaning of G.S. 150B-21.1.  Every agency to which this act applies that is authorized to adopt rules to implement the provisions of this act may adopt temporary rules to implement the provisions of this act.  This section shall continue in effect until all rules necessary to implement the provisions of this act have become effective as either temporary rules or permanent rules.
Section 5.2.  The headings to the Parts of this act are a convenience to the reader and are for reference only.  The headings do not expand, limit, or define the text of this act.
Section 5.3.  If any section or provision of this act is declared unconstitutional or invalid by the courts, the unconstitutional or invalid section or provision does not affect the validity of this act as a whole or any part of this act other than the part declared to be unconstitutional or invalid.
Section 5.4.  Sections 1.3, 1.5, 2.1, 3.2, 3.6, 4.4, 4.5, 4.23, 5.1, 5.2, 5.3, and 5.4 of this act are effective when this act becomes law.  Sections 3.5 and 3.7 of this act become effective December 1, 1998, and apply to offenses committed on or after that date.  Sections 1.4, 3.3, 3.4, 3.8, 4.1, 4.2, 4.3, 4.9, 4.10, 4.11, 4.12, 4.13, 4.14, 4.15, 4.16, 4.17, 4.18, 4.19, 4.20, 4.21, 4.22, and 4.24 become effective July 1, 1999.  Section 4.6 is effective retroactively to August 14, 1997.  Sections 1.1, 1.2, 1.6, 1.7, 3.1, 4.7, and 4.8 are effective retroactively to September 1, 1997.  Section 4.15 expires September 1, 2003.