A BILL TO BE ENTITLED
AN ACT to REQUIRE A MINIMUM SIZE LIMIT FOR EVERY COMMERCIALLY AND RECREATIONALLY IMPORTANT SPECIES OF MARINE FISH TO ENSURE THAT SEVENTY‑FIVE PERCENT OF THE JUVENILE FISH OF EACH SPECIES WILL HAVE AN OPPORTUNITY TO REACH MATURITY AND SPAWN AT LEAST ONCE.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 113‑182.1(b) is amended by adding a new subdivision to read:
"(8)	Include a minimum size limit for every species of marine fish that has contributed historically and significantly to the fisheries of North Carolina, including spot (Leiostomus xanthurus), Atlantic croaker (Micropogonias undulatus), kingfishes (Menticirrhus ssp.), striped mullet (Mugil cephalus), southern flounder (Paralichthys lethostigma), and bluefish (Pomatomus saltatrix), to ensure that seventy‑five percent (75%) of the juvenile fish at the minimum size limit established for the species will reach the size of maturity and will have an opportunity to spawn at least once. The minimum size limit required by this subdivision shall be based on the best available biological and life history data for each species. In the event data for a particular species is unavailable for North Carolina, the Commission shall utilize data from other Atlantic coast states until studies specific to North Carolina can be completed. This subdivision shall not apply if the Fisheries Director determines that the species under consideration has a unique life cycle and maturity characteristic that makes the minimum size limit required by this subdivision inappropriate based on generally accepted fishery management protocols. If the Fisheries Director determines that the minimum size limit required by this subdivision is inappropriate, the Fisheries Director shall instead propose slot limits to protect the adult spawning stock."
SECTION 2.  Rule Making. – The Marine Fisheries Commission shall adopt rules to implement G.S. 113‑182.1(b)(8), as enacted by Section 1 of this act.
SECTION 3.  Temporary Management Measures. – Until Fishery Management Plans are adopted that include the minimum size limits required by this act, the Director of the Division of Marine Fisheries and the Marine Fisheries Commission shall develop and adopt temporary management measures as provided in this section. The Director shall review the biological and life history data currently available for every species of marine fish that has contributed historically and significantly to the fisheries of North Carolina, including spot (Leiostomus xanthurus), Atlantic croaker (Micropogonias undulatus), kingfishes (Menticirrhus ssp.), striped mullet (Mugil cephalus), southern flounder (Paralichthys lethostigma), and bluefish (Pomatomus saltatrix). No later than December 1, 2019, the Director shall present the findings of this review to the Commission. Based on these findings, the Commission shall adopt temporary management measures that establish minimum size limits to ensure that seventy‑five percent (75%) of the juvenile fish at the minimum size limit established for each species will reach the size of maturity and will have an opportunity to spawn at least once.
SECTION 4.  Ten thousand dollars ($10,000) of the funds appropriated to the Division of North Carolina Aquariums in the North Carolina Department of Natural and Cultural Resources by Section 14.19 of S.L. 2017‑57, as amended by Section 4.3 of S.L. 2017‑197 and Section 4.9 of S.L. 2017‑212, and allocated for planning and permitting of a satellite aquarium area, shall instead be used to implement this act.
SECTION 5.  This act is effective when it becomes law and applies to Fishery Management Plans developed prior to that date and Fishery Management Plans developed on or after that date.