North Carolina SB 249: Core Sound Moratorium/Crab License.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999

SESSION LAW 1999-209
SENATE BILL 249

AN ACT TO EXTEND THE MORATORIUM ON THE ISSUANCE OF SHELLFISH
CULTIVATION LEASES IN CORE SOUND, TO REQUIRE THE DIVISION OF
MARINE FISHERIES AND THE PRIMARY INVESTIGATOR TO REPORT THE
RESULTS OF THE SHELLFISH MAPPING AND HUMAN USE MAPPING OF
CORE SOUND TO THE JOINT LEGISLATIVE COMMISSION ON SEAFOOD
AND AQUACULTURE AND THE MARINE FISHERIES COMMISSION, TO
AUTHORIZE RATHER THAN REQUIRE THE SECRETARY OF
ENVIRONMENT AND NATURAL RESOURCES TO REQUIRE FISHERIES
LICENSE AGENTS TO POST BONDS, TO ESTABLISH AN INTERIM CRAB
LICENSE, TO ESTABLISH A 1999 GRACE PERIOD FOR THE ISSUANCE OF
MARINE FISHING LICENSES, TO PROVIDE THAT THE DIVISION OF
MARINE FISHERIES MAY ISSUE LICENSES PRIOR TO THE END OF EACH
LICENSE YEAR AND MAY RETAIN REVENUES FROM THOSE LICENSES
DURING THE FOLLOWING LICENSE YEAR, TO CLARIFY THE CRUELTY
TO ANIMALS STATUTE, AND TO EXEMPT PERSONS WHO TAKE FISH BY
MEANS OF A GIG FOR RECREATIONAL PURPOSES FROM THE
RECREATIONAL COMMERCIAL GEAR LICENSE REQUIREMENT.

The General Assembly of North Carolina enacts:

Section 1. Section 3 of Chapter 547 of the 1995 Session Laws, Regular
Session 1996, as amended by subsection (b) of Section 1 of Chapter 633 of the 1995
Session Laws, Regular Session 1996; Section 27.33 of Chapter 18 of the 1996 Session
Laws, Second Extra Session; Section 12 of S.L. 1997-256; Section 8 of S.L. 1997-347;
Section 6.14 of S.L. 1997-400; Section 15 of S.L. 1998-23; and Section 1 of S.L. 1998-
56, reads as rewritten:
"Sec. 3. Notwithstanding G.S. 113-202, a moratorium on new shellfish cultivation
leases shall be imposed in the remaining area of Core Sound not described in Section 1
of this act. During the moratorium, a comprehensive study of the shellfish lease
program shall be conducted. The moratorium established under this section covers that
part of Core Sound bounded by a line beginning at a point on Cedar Island at
35°00'39"N - 76°17'48"W, thence 109°(M) to a point in Core Sound 35°00'00"N -
76°12'42"W, thence 229°(M) to Marker No. 37 located 0.9 miles off Bells Point at
34°43'30"N - 76°29'00"W, thence 207°(M) to the Cape Lookout Lighthouse at
34°37'24"N - 76°31'30"W, thence 12°(M) to a point at Marshallberg at 34°43'07"N -
76°31'12"W, thence following the shoreline in a northerly direction to the point of

Page 2 S.L. 1999-209 Senate Bill 249
beginning except that the highway bridges at Salters Creek, Thorofare Bay, and the
Rumley Bay ditch shall be considered shoreline. The moratorium shall expire July 1,
1999. October 1, 2001."
Section 2. The Division of Marine Fisheries and the Primary Investigator for
the Human Use Mapping Project in Core Sound shall report the results of the shellfish
mapping and human use mapping of Core Sound to the Joint Legislative Commission
on Seafood and Aquaculture and the Marine Fisheries Commission no later than
October 1, 1999.
Section 3. G.S. 113-172(a) reads as rewritten:
"(a) The Secretary shall designate license agents for the Department. At least one
license agent shall be designated for each county that contains or borders on coastal
fishing waters. The Secretary may designate additional license agents in any county if
the Secretary determines that additional agents are needed to provide efficient service to
the public. The Division and license agents designated by the Secretary under this
section shall issue licenses authorized under this Article in accordance with this Article
and the rules of the Commission. The Secretary shall may require license agents to
enter into a contract that provides for their duties and compensation, post a bond, and
submit to reasonable inspections and audits. If a license agent violates any provision of
this Article, the rules of the Commission, or the terms of the contract, the Secretary may
initiate proceedings for the forfeiture of the license agent's bond and may summarily
suspend, revoke, or refuse to renew a designation as a license agent and may impound
or require the return of all licenses, moneys, record books, reports, license forms and
other documents, ledgers, and materials pertinent or apparently pertinent to the license
agency. The Secretary shall report evidence or misuse of State property, including
license fees, by a license agent to the State Bureau of Investigation as provided by G.S.
114-15.1."
Section 4.(a) Definitions. – The definitions set out in G.S. 113-168 shall
apply to this section.
Section 4.(b) SCFL Not Valid to Take Crabs. – Notwithstanding G.S. 113-
168.2, it is unlawful for any person to take crabs as part of a commercial fishing
operation from the coastal fishing waters of North Carolina under a SCFL or any other
license issued by the Division other than an interim crab license issued pursuant to this
section.
Section 4.(c) Interim Crab License Required to Take Crabs as Part of a
Commercial Fishing Operation; Sale of Crabs. – Except as otherwise provided by this
section, it is unlawful for any person t