North Carolina § 113-168 - Definitions.

§ 113-168. Definitions.

As used in this Article: "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, (ii) the taking of fish under a RCGL, or (iii) the taking of fish as provided in G.S. 113-261. "Commission" means the Marine Fisheries Commission. "Division" means the Division of Marine Fisheries in the Department of Environmental Quality. "Immediate family" means the mother, father, brothers, sisters, spouse, children, stepparents, stepbrothers, stepsisters, and stepchildren of a person. "License year" means the period beginning 1 July of a year and ending on 30 June of the following year. "North Carolina resident" means a person who is a resident within the meaning of G.S. 113-130(4). "RCGL" means Recreational Commercial Gear License. "RSCFL" means Retired Standard Commercial Fishing License. "SCFL" means Standard Commercial Fishing License. History (1997-400, s. 5.1; 1997-443, s. 11A.119(b); 1998-225, s. 4.9; 2001-213, s. 2; 2004-187, s. 6; 2015-241, s. 14.30(u).) Editor's Note. - Session Laws 1997-400, s. 1.1, provides: "This act shall be known as the 'Fisheries Reform Act of 1997'." Session Laws 1997-400, s. 6.10, provides that, unless otherwise expressly provided, every agency to which the act applies shall adopt rules to implement the provisions of that act only in accordance with the provisions of Chapter 150B of the General Statutes, that the act constitutes a recent act of the General Assembly within the meaning of G.S. 150B-21.1, that every agency to which the act applies that is authorized to adopt rules to implement the provisions of the act may adopt temporary rules to implement the provisions of the act, and that s. 6.10 of that act shall continue in effect until all rules necessary to implement the provisions of the act have become effective as either temporary rules or permanent rules. Session Laws 1998-225, s. 5.3 contained a similar provision. Session Laws 1997-400, s. 6.13, is a severability clause. Session Laws 2010-145, s. 1, provides: "The Marine Fisheries Commission shall adopt rules pursuant to and consistent with G.S. 113-171, as amended by Section 2 of this act, and G.S. 143B-289.52 for the suspension, revocation, and reissuance of marine resources licenses and permits issued under Articles 14A, 14B, and 25A of Chapter 113 of the General Statutes. Rules adopted pursuant to this section shall not become effective prior to October 1, 2012. In adopting rules pursuant to this section, the Commission shall consider all of the following: "(1) Whether the rules should differentiate between minor and major violations. "(2) How to define minor and major violations. "(3) How service of revocation could be made more efficient. "(4) How the rules should treat violations related to recreational fishing licenses and permits. "(5) Whether violations related to littering or assault on a marine patrol inspector should be treated as grounds for suspension or revocation. "(6) Whether suspension and revocation provisions should be strengthened in cases of harvesting shellfish from polluted waters." Session Laws 2013-360, s. 14.8(x)-(z), (aa), provides: "(x) The Division of Marine Fisheries of the Department of Environment and Natural Resources shall seek the involvement of the commercial fishing industry in North Carolina in the Division's development of a plan to determine a source of funding necessary to support the Marine Fisheries At-Sea Observer Program that is in addition to the fee increases under this section. As part of this effort, the Division of Marine Fisheries shall conduct at least three public hearings in different coastal county locations to seek the input of, and receive comments of potential additional recurring funding sources from, the individuals involved in the commercial fishing industry. The Division shall receive written comments at the public hearings and take minutes of the public hearings. The minutes shall be made available to the public on the Department's Internet Web site. "(y) Following the public hearings under subsection (x) of this section and the Division's consideration of written and oral comments resulting from the public hearings, the Division of Marine Fisheries shall submit its plan for an additional recurring funding source to support the Marine Fisheries At-Sea Observer Program to the Marine Fisheries Commission. The Marine Fisheries Commission shall vote on whether it endorses the plan. "(z) No later than March 1, 2014, the Marine Fisheries Commission shall submit a report to the Senate Appropriations Committee on Natural and Economic Resources, the House of Representatives Appropriations Subcommittee on Natural and Economic Resources, and the Fiscal Research Division. This report shall include the results of the Commission's vote under subsection (y) of this section and its findings and recommendations for an additional source of funding necessary to support the Marine Fisheries At-Sea Observer Program in the event the Commission votes against endorsing the plan. "(aa) The Division of Marine Fisheries shall use the proceeds it receives as a result of the fee increases under this section to provide support for the 2014-2015 fiscal year for the Marine Fisheries At-Sea Observer Program. In addition, the Division of Marine Fisheries shall provide available funds for the 2014-2015 fiscal year to provide any additional support that is needed to continue the Marine Fisheries At-Sea Observer Program." Effect of Amendments. - Session Laws 2004-187, s. 6, effective August 17, 2004, added clause (iii) and made minor stylistic changes at the end of subdivision (1). Session Laws 2015-241, s. 14.30(u), effective July 1, 2015, substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources" in subdivision (3). Legal Periodicals. - For a note on estuarine pollution, see 49 N.C.L. Rev. 921 (1971). For a note on the State's interest in wild animals, see 2 Campbell L. Rev. 151 (1980). For 1997 legislative survey, see 20 Campbell L. Rev. 443 (1998).