GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

S                                                                                                                                                     1

SENATE BILL 1389

Short Title:     Add Marine Fisheries Commission Members.		(Public)
Sponsors:	Senator Brown.
Referred to:	Agriculture/Environment/Natural Resources.

March 26, 2007

A BILL TO BE ENTITLED

AN ACT to increase the marine fisheries commission MEMBERSHIP to include representatives of the industry that provides charter boats or head boats as for hire boats.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 143B-289.54(a) reads as rewritten:

"(a)      Members, Selection. - The Marine Fisheries Commission shall consist of nine members appointed by the Governor as follows:

(1)       One person actively engaged in, or recently retired from, commercial fishing as demonstrated by currently or recently deriving at least fifty percent (50%) of annual earned income from taking and selling fishery resources in coastal fishing waters of the State. The spouse of a commercial fisherman who meets the criteria of this subdivision may be appointed under this subdivision.

(2)       One person actively engaged in, or recently retired from, commercial fishing as demonstrated by currently or recently deriving at least fifty percent (50%) of annual earned income from taking and selling fishery resources in coastal fishing waters of the State. The spouse of a commercial fisherman who meets the criteria of this subdivision may be appointed under this subdivision.

(3)       One person actively connected with, and experienced as, a licensed fish dealer or in seafood processing or distribution as demonstrated by deriving at least fifty percent (50%) of annual earned income from activities involving the buying, selling, processing, or distribution of seafood landed in this State. The spouse of a person qualified under this subdivision may be appointed provided that the spouse is actively involved in the qualifying business.

(4)       One person actively engaged in recreational sports fishing in coastal waters in this State. An appointee under this subdivision may not derive more than ten percent (10%) of annual earned income from sports fishing activities.

(5)       One person actively engaged in recreational sports fishing in coastal waters in this State. An appointee under this subdivision may not derive more than ten percent (10%) of annual earned income from sports fishing activities.

(6)       One person actively engaged in the sports fishing industry as demonstrated by deriving at least fifty percent (50%) of annual earned income from selling goods or services in this State. The spouse of a person qualified under this subdivision may be appointed provided that the spouse is actively involved in the qualifying business.

(7)       One person having general knowledge of and experience related to subjects and persons regulated by the Commission.

(8)       One person having general knowledge of and experience related to subjects and persons regulated by the Commission.

(9)       One person who is a fisheries scientist having special training and expertise in marine and estuarine fisheries biology, ecology, population dynamics, water quality, habitat protection, or similar knowledge. A person appointed under this subdivision may not receive more than ten percent (10%) of annual earned income from either the commercial or sports fishing industries, including the processing and distribution of seafood.

(10) One person actively engaged in providing a charter boat or head boat as a for hire boat as demonstrated by currently or recently deriving at least fifty percent (50%) of the person's annual earned income from providing a charter boat or head boat as a for hire boat in this State. The spouse of a charter boat or head boat captain who also meets the criteria of this subdivision may be appointed under this subdivision.

(11) One person actively engaged in, or recently retired from, providing a charter boat or head boat as a for hire boat as demonstrated by currently or recently deriving at least fifty percent (50%) of the person's annual earned income from providing a charter boat or head boat as a for hire boat in this State. The spouse of a charter boat or head boat captain who also meets the criteria of this subdivision may be appointed under this subdivision.

(12) One person actively engaged both in (i) providing a charter boat or head boat as a for hire boat and (ii) commercial fishing; as demonstrated by currently deriving at least twenty-five percent (25%) of annual earned income from providing a charter boat or head boat as a for hire boat and at least twenty-five percent (25%) of annual earned income from commercial fishing in this State."

SECTION 2.  G.S. 143B-289.54(b) reads as rewritten:

"(b)      Residential Qualifications. - For purposes of providing regional representation on the Commission, the following three coastal regions of the State are designated: (i) Northeast Coastal Region comprised of Bertie, Camden, Chowan, Currituck, Dare, Gates, Halifax, Hertford, Martin, Northampton, Pasquotank, Perquimans, Tyrrell, and Washington Counties, (ii) Central Coastal Region comprised of Beaufort, Carteret, Craven, Hyde, Jones, and Pamlico Counties; and (iii) Southeast Coastal Region comprised of Bladen, Brunswick, Columbus, New Hanover, Onslow, and Pender Counties. Persons appointed under subdivisions (1), (2), (3), (4), and (8) of subsection (a) of this section shall be residents of one of the coastal regions of the State. The membership of the Commission shall include at least one person who is a resident of each of the three coastal regions of the State. Persons appointed under subdivisions (10), (11), and (12) of subsection (a) of this section shall be residents of one of the coastal regions of the State, and at least one of these persons shall be a resident of each of the three coastal regions of the State."

SECTION 3.  This act is effective when it becomes law.