SB 554 — Marine Fisheries Reforms.
Last action — Passed 1st Reading
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2019-2020 Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
372 added · 408 removedPlain-language change summary
The latest version of SB 554 has made a few subtle but important changes to how fishery management plans are reviewed and developed. The bill now clarifies that a rebuilding schedule must be followed to ensure sustainable fishing practices, and it introduces a systematic approach for updating and revising these plans annually. Additionally, it specifies that plans can be retired from the schedule if they meet certain criteria, which helps to streamline management efforts for the state’s marine resources. These updates are essential for maintaining healthy fish populations and ecosystems.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 12 SENATE BILL 554 Agriculture/Environment/Natural Resources Committee Substitute Adopted 5/2/19 Short Title:
Senators Sanderson, Brown, and Tillman (Primary Sponsors).
Rules and Operations of the Senate April 3, 2019 A BILL TO BE ENTITLED AN ACT TO REFORM THE MANAGEMENT OF MARINE FISHERIES IN NORTH CAROLINA.
FisheryManagementPlansandFisheryManagement PlanAmendments shall be developed in accordance with a Scheduleschedule established by the Division.
*S554-v-1**S554-v-2* General Assembly Of North Carolina Session 2019 (2) Recommend management actions, including adaptive management measures that address the long-term viability, recovery, and conservation of stocks, to ensure a sustainable harvest.
(6) Each Fishery Management Plan or Fishery Management Plan Amendment shall include a rebuilding Scheduleschedule to achieve and maintain a sustainable harvest.
Before submission of a Fishery Management Plan or Fishery Management Plan Amendment for review by the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Division shall seek advice from the Page 2 Senate Bill 554-First554-Second Edition General Assembly Of North Carolina Session 2019 regional advisory committees and review any comment or recommendation that a regional advisory committee submits to the Division within the time limits established in the cheduleschedule for the development and adoption of Fishery Management Plans or Fishery Management Plan Amendments.
Before the Commission adopts a Fishery Management Plan or Fishery ManagementPlanAmendment,theCommissionshallconsideranycommentorrecommendationManagementPlanAmendment,theCommissionshallconsider anycommentorrecommendation regarding the management measure that a regional advisory committee submits to the Commission.Division.
(g) Each Fishery Management Plan or Fishery Management Plan Amendment shall be reviewed every five years to ensure that management measures meet the rebuilding Scheduleschedule defined in the Fishery Management Plan or Fishery Management Plan Amendment to achieve a sustainable harvest.
A Fishery Management Plan or Fishery Management Plan Amendment may be retired from the Scheduleschedule when it is determined that the objectivesoftheFisheryManagementPlanorFisheryManagementPlanAmendmentareassured under a federal or interstate plan or the species or stock is no longer a significant fishery in the State.
(h) The Division mayrevisemay revise the Scheduleschedule for development of FisheryManagementFishery Management Plans and Fishery Management Plan Amendments.
The annual update process shall guide the Division regarding potential Scheduleschedule adjustments necessary to restore, conserve, or protect the State's marine and estuarine resources for a sustainable harvest.
Senate Bill 554-First Edition Page 3 General Assembly Of North Carolina Session 2019 (l) If the Secretary, in consultation with the Fisheries Director, determines that it is in the interest of maintaining a sustainable harvest for a fishery, the Secretary may authorize the Senate Bill 554-Second Edition Page 3 General Assembly Of North Carolina Session 2019 developmentofaFisheryManagementPlanSupplementtoanexistingFisheryManagementPlan or Fishery Management Plan Amendment.
Development of a Fishery Management Plan Supplement pursuant to this subsection shall be exempt from subsections (e), (f), and (i) of this section, the Scheduleschedule established by the Division, and Division guidance criteria for Fishery Management Plans and Fishery Management Plan Amendments.
It is a defense to an enforcement action for a violation of a proclamation that a person was prevented from receiving notice of the proclamation due to a Page 4 Senate Bill 554-First Edition General Assembly Of North Carolina Session 2019 natural disaster or other act of God occasioned exclusively by violence of nature without Page 4 Senate Bill 554-Second Edition General Assembly Of North Carolina Session 2019 interference of any human agency and that could not have been prevented or avoided by the exercise of due care or foresight.
(d) Pursuant to the request of five or more members of the Marine Fisheries Commission, the Chair of the Marine Fisheries Commission may call an emergency meeting of the Commission to review an issuance or proposed issuance of proclamations under the authority delegated to the Fisheries Director pursuant to subsection (b) of this section or to review the desirability of directing the Fisheries Director to issue a proclamation to prohibit or allow the takingtakingof of certain fisheries resources.resources,resources. except for management measures alreadyadopted pursuant to G.S.
resources, except formanagementmeasures alreadyadopted pursuant to G.S.
After its review is complete, the Marine Fisheries Commission, consistent with its duty to protect, preserve, and enhance the commercial and sports fisheries resources of the State, may approve, cancel, or modifythe previouslyissued or proposed proclamation under review or maydirectmay direct the Fisheries Director to issue a proclamation that prohibits or allows the taking of certain fisheries resources.
(3) To adopt rules and take all steps necessary to develop and improve mariculture, including the cultivation, harvesting, and marketing of shellfish Senate Bill 554-First554-Second Edition Page 5 General Assembly Of North Carolina Session 2019 and other marine resources in the State, involving the use of public grounds and private beds as provided in G.S.
Page 6 Senate Bill 554-First554-Second Edition General Assembly Of North Carolina Session 2019 (9) To impose further restrictions upon the throwing of fish offal in any coastal fishing waters, as provided in G.S.
Senate Bill 554-First554-Second Edition Page 7 General Assembly Of North Carolina Session 2019 (i) The Commission may adopt rules to exempt individuals who participate in organized fishing events held in coastal or joint fishing waters from recreational fishing license requirements for the specified time and place of the event when the purpose of the event is consistent with the conservation objectives of the Commission." SECTION 2.2.
(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 fisherysellingfishery wild and aquacultured resources in coastal fishing waters of the State.
(6) One person activelyactivelyengaged engaged in the for-hire or sports fishing industry industries as demonstrated by deriving at least fifty percent (50%) of annual earned income from selling goods or services in this State.
(8) One person having general knowledge of and experience related to subjects and persons regulated by the Commission.who is a recognized fisheries scientist havingspecialtrainingandexpertisein marineandmarineandestuarinefisheries estuarinefisheries biology, ecology, population dynamics, water quality, habitat protection, or similarknowledge.Apersonappointedunderthissubdivisionmaynot receive more than ten percent (10%) of annual earned income from either the Page 8 Senate Bill 554-First554-Second Edition General Assembly Of North Carolina Session 2019 commercial or sports fishing industries, including the processing and distribution of seafood.
Senate Bill 554-First554-Second Edition Page 9 General Assembly Of North Carolina Session 2019 (2) Voting/conflict of interest.
(m) Transparency.CommissionTransparency. Communications.
Commission Communications.
Commission members may move at that meeting to deliberate or vote on new Commission business or issues Page 10 Senate Bill 554-First554-Second Edition General Assembly Of North Carolina Session 2019 to be taken up for consideration at future quarterly meetings.
The Chair of the Commission shall designate one member of each advisory committee to serve as Chair of the committee.committeecommittee. based on the recommendation of the Division of Marine Fisheries.
committee based on the recommendation of the Division of Marine Fisheries.
(c) Each standing and regional advisorycommitteeshall be composed of commercial and recreational fishermen, scientists, and other persons who have expertise in the matters to be considered by the advisory committee to which they are appointed.appointed and in the regions for which they are appointed.
appointed and in the regions for which they are appointed.
In making appointments to regional advisory committees, the Chair of the Commission shall ensure that both commercial and recreational fishing interests are fairly represented." Senate Bill 554-First554-Second Edition Page 11 General Assembly Of North Carolina Session 2019 SECTION 2.4.
(d1) In addition to law enforcement authorityauthoritygranted granted elsewhere, a protector has inspectors and protectors have the authority to enforce criminal laws under the following circumstances:
(1) When the inspector or protector has probable cause to believe that a person committed a criminal offense in his presence and at the time of the violation the inspector or protector is engaged in the enforcement of laws otherwise within his jurisdiction;
or (2) When the inspector or protector is asked to provide temporary assistance by the head of a StateorlocalState lawenforcementagencyorhisor designeeandtherequestlocal law enforcement agency or his designee and the request is within the scope of the agency's subject matter jurisdiction.
While acting pursuant to this subsection, a protector inspectors and protectors shall have the same powers invested in law enforcement officers by statute or common law.
When acting Page 12 Senate Bill 554-Second Edition General Assembly Of North Carolina Session 2019 pursuant to (2) of this subsection a an inspector or protector shall not be considered an officer, employee, or agent for the state or local Page 12 Senate Bill 554-First Edition General Assembly Of North Carolina Session 2019 law enforcement agency or designee asking for temporary assistance.
Nothing in this subsection shall be construed to expand the authority of inspectors or protectors to initiate or conduct an independent investigationintoviolationsofcriminallawsoutsidethescopeoftheirsubjectmatterorterritorialinvestigation into violations of criminal laws outside the scope of their subject matter or territorial jurisdiction.
(k) It is unlawful to refuse to exhibit upon request by any inspector, protector,protectorprotector, or other law enforcement officer any item required to be carried by any law or rule as to which inspectors or protectors have enforcement jurisdiction.
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The items that must be exhibited include boating safetyorsafety or other equipment or anylicense,any license, permit, tax receipt, certificate, or identification.
It is unlawful to refuse to allow inspectors, protectors,protectorsprotectors, or other law enforcement officers to inspect weapons or equipment if equipment, fish, or wildlife that the officer reasonably believes them to be possessed incident to an activity regulated by any law or rule as to which inspectors and protectors have enforcement jurisdiction and the officer has a reasonable suspicion that a violation has been committed, except that an officer may inspect a shotgun to confirm whether it is plugged or unplugged without a reasonable suspicion that a violation has been committed.
It is unlawful to refuse to allow inspectors, protectors,protectorsprotectors, or other law enforcement officers to inspect fish or wildlife for the purpose of ensuring compliance with bag limits and size limits.
113-137, nothing in this section gives an inspector, protector,aprotector, protector or other law enforcement officer the authority to inspect, in the absence of a person in apparent control of the item to be inspected, any of the following:following:jurisdiction.
(k1)Senate ItBill is554-Second unlawfulEdition toPage refuse13 toGeneral exhibitAssembly uponOf requestNorth byCarolina anySession inspector2019 or(l) otherNothing lawin enforcementthis officersection anyauthorizes itemsearches requiredwithin tothe becurtilage carriedof bya anydwelling law or ruleof asthe toliving whichquarters inspectorsof Senatea Billvessel 554-Firstin Editioncontravention Pageof 13constitutional Generalprohibitions Assemblyagainst Ofunreasonable Northsearches Carolinaand Sessionseizures." 20195 haveMISCELLANEOUS enforcementAMENDMENTS jurisdiction.TO MARINE FISHERIES LAWS SECTION 4.1.
The items that must be exhibited include boating safety or other equipment or anylicense, permit, tax receipt, certificate, or identification.
It is unlawful to refuse to allow inspectors or other law enforcement officers to inspect equipment and fish that the officer reasonably believes to be possessed incident to an activity regulated by any law or rule as to which inspectors have enforcement jurisdiction.
(l) Nothing in this section authorizes searches within the curtilage of a dwelling or of the living quarters of a vessel in contravention of constitutional prohibitions against unreasonable searches and seizures." MISCELLANEOUS AMENDMENTS TO MARINE FISHERIES LAWS SECTION 4.1.
113-129 reads as rewritten:
"§ 113-129.
Definitions relating to resources.
The following definitions and their cognates apply in the description of the various marine and estuarine and wildlife resources:
… (12c) Non-native species.
– All fish not found in the Atlantic Ocean or in coastal fishing waters.
(12c)(12d) Overfished.
– The condition of a fishery that occurs when the spawning stock biomass of the fishery is below the level that is adequate for the recruitment class of a fishery to replace the spawning class of the fishery.
(12d)(12e) Overfishing.
– Fishing that causes a level of mortality that prevents a fishery from producing a sustainable harvest.
…." SECTION 4.2.
G.S.
(b) TheWildlifeResources CommissionCommissionhasjurisdictionovertheconservation hasjurisdictionovertheconservation ofwildlife resources.
(c) Notwithstanding the provisions of this Article, this Subchapter does not give the Marine Fisheries Commission or the Wildlife Resources Commission jurisdiction over matters clearly within the jurisdiction jurisdiction, including policy matters, vested in the Department of Agriculture and Consumer Services, the Department of Environmental Quality, the North Carolina Pesticide Board, the Commission for Public Health, the Environmental Management Commission, or other division of the Department regulating air or water pollution.
(c1) The Marine Fisheries Commission shall not have jurisdiction over matters clearly within the jurisdiction of the Department of Environmental Quality, including policy matters.
(e) Those coastal fishing waters in which are found a significant number of freshwater fish, as agreed upon by the Marine Fisheries Commission and the Wildlife Resources Page 14 Senate Bill 554-First Edition General Assembly Of North Carolina Session 2019 Commission, may be denominated joint fishing waters.
113-138 is designed to prohibit law-enforcement officers who would otherwise have jurisdiction from making arrests or in any manner enforcing the provisions of this Subchapter." SECTION 4.3.4.2.
The Commission may adopt rules governing the importation and exportation of fish, and equipment that maybeused in takingorprocessingfish,as necessarytoenhancetheconservationnecessaryto enhancetheconservation of marine and estuarine resources of the State.
These rules may regulate, license, prohibit, or Page 14 Senate Bill 554-Second Edition General Assembly Of North Carolina Session 2019 restrict importation into the State State, holding or maintaining in marine aquaculture operations within the State, and exportation from the State of any and all species of fish that are native to coastal fishing waters or non-native species that may thrive if introduced into these waters." SECTION 4.4.4.3.
the time of fishing, number of hauls, and the disposition of the fish and other seafood.seafood;seafood.
seafood;
The Department may compile statistical information in any aggregate or summary form that does not directly or indirectly disclose the identity of any licensee who is a source of the information, and any compilation of statistical information by the Department shall be a public record open to inspection and examination by any person, and may be disseminated to the public by the Department." SECTION 4.5.(a)4.4.(a) G.S.
SECTION 4.5.(b)4.4.(b) Article 15 of Chapter 113 of the General Statutes is amended by adding a new section to read:
Senate Bill 554-First Edition Page 15 General Assembly Of North Carolina Session 2019 (b) The Department is directed to make every reasonable effort to carry out the duties imposed in this Subchapter." SECTION 4.6.4.5.
113-215 reads as rewritten:
"§ 113-215.
Definitions.
In addition to the definitions in G.S.
113-128 and G.S.
113-129, the following definitions shall apply in this Article:
(1) Marine aquaculture.
– The propagation and rearing of marine aquatic species and non-native species in controlled or selected environments, including, but not limited to, ocean ranching, marine hatcheries, and other deep water fish farming operations in the coastal fishing waters of the State and, to the extent not inconsistent with federal law, to the limits of the United States exclusive economic zone, as that term is defined in the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C.
§ 1801, et seq.
(2) Marineaquaculturelease.
–Aleaseofthepublicbottomandsuperjacentwater column granted by the Secretary for marine aquaculture.
(3) Marine aquatic species.
– Anyspecies of finfish, mollusk, crustacean, or other aquatic invertebrate, amphibian, reptile, or aquatic plant, and including, but not limited to, "fish" and "fishes," as defined in G.S.
113-129(7), found exclusively or for part of its life cycle in coastal fishing waters." SECTION 4.7.
G.S.
If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications Senate Bill 554-Second Edition Page 15 General Assembly Of North Carolina Session 2019 of this act that can be given effect without the invalid provision or application, and, to this end, the provisions of this act are declared to be severable.
Page 16 Senate Bill 554-First554-Second Edition
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Action History
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Passed 1st Reading
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Ref To Com On Rules, Calendar, and Operations of the House
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Regular Message Sent To House
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Regular Message Received From Senate
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Passed 2nd Reading
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Passed 3rd Reading
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Reptd Fav
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Reptd Fav Com Substitute
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Com Substitute Adopted
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Re-ref Com On Rules and Operations of the Senate
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Withdrawn From Com
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Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Rules and Operations of the Senate
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Passed 1st Reading
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Ref To Com On Rules and Operations of the Senate
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Filed
Sponsors
- Norman W. Sanderson · Primary
- Brown · Primary
- Tillman · Cosponsor
- Steinburg · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 2 co-sponsors · 175 not signed on · 1 voted No
Sponsors (2)
- Norman W. Sanderson Republican
- Brown
Co-sponsors (2)
- Tillman
- Steinburg
Not signed on (175)
175 members have not signed on to this bill.
Show all 175 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 8 | 0 | 0 | 0 |
| Unaffiliated | 27 | 0 | 0 | 2 |
| Republican | 11 | 1 | 0 | 1 |
| Total | 46 | 1 | 0 | 3 |
| % of votes cast | 92% | 2% | 0% | 6% |
How each member voted (50)
| Member | Party | Vote |
|---|---|---|
| deViere | — | Yea |
| Fitch | — | Yea |
| Foushee | — | Yea |
| Marcus | — | Yea |
| McKissick | — | Yea |
| Nickel | — | Yea |
| Peterson | — | Yea |
| Searcy | — | Yea |
| Smith | — | Yea |
| VanDuyn | — | Yea |
| Woodard | — | Yea |
| Ballard | — | Yea |
| Brown | — | Yea |
| J. Davis | — | Yea |
| Edwards | — | Yea |
| Gallimore | — | Yea |
| Gunn | — | Yea |
| Horner | — | Yea |
| Johnson | — | Yea |
| Krawiec | — | Yea |
| Newton | — | Yea |
| Perry | — | Yea |
| Steinburg | — | Yea |
| Tillman | — | Yea |
| Wells | — | Yea |
| Bishop | — | Not Voting |
| Harrington | — | Not Voting |
| D. Davis | — | Yea |
| J. Jackson | — | Yea |
| Dan Blue | Democratic | Yea |
| Gladys A. Robinson | Democratic | Yea |
| Jay J. Chaudhuri | Democratic | Yea |
| Joyce Waddell | Democratic | Yea |
| Michael Garrett | Democratic | Yea |
| Mujtaba A. Mohammed | Democratic | Yea |
| Paul A. Lowe, Jr. | Democratic | Yea |
| Tracy Clark | Democratic | Yea |
| Bill Rabon | Republican | Yea |
| Brent Jackson | Republican | Yea |
| Carl Ford | Republican | Yea |
| Danny Earl Britt, Jr. | Republican | Yea |
| Jim Burgin | Republican | Yea |
| Norman W. Sanderson | Republican | Yea |
| Phil Berger | Republican | Not Voting |
| Ralph Hise | Republican | Yea |
| Tom McInnis | Republican | Yea |
| Vickie Sawyer | Republican | Yea |
| W. Ted Alexander | Republican | Yea |
| W. Ted Alexander | Republican | Nay |
| Warren Daniel | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 554?
- SB 554 is sponsored by Norman W. Sanderson (Republican), Brown, Tillman, and Steinburg.
- What is the current status of SB 554?
- This bill died with 2019-2020 Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 554?
- Track SB 554 free on One Click Politics — get push/email alerts when it moves.
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