North Carolina § 113-175 - Definitions.

§ 113-175. Definitions.

As used in this Article: Repealed by Session Laws 2005-455, s. 2.2, effective January 1, 2006. "Endowment Fund" means the North Carolina Marine Resources Endowment Fund. "Endowment investment income" means interest and other income earned from the investment of the principal of the Endowment Fund. "Endowment license revenues" means the net proceeds from the sale of licenses issued under G.S. 113-174.2(c)(6) and a portion of the net proceeds from the sale of licenses issued under G.S. 113-351(c)(3) and (4). The apportionment of the net proceeds from the sale of licenses issued under G.S. 113-351(c)(3) and (4) shall be jointly determined by the Division of Marine Fisheries and the Wildlife Resources Commission. In the event that the Division of Marine Fisheries and the Wildlife Resources Commission cannot agree on the apportionment, the Governor is authorized to determine the apportionment. "Marine Resources Fund" means the North Carolina Marine Resources Fund. "Marine resources investment income" means interest earned from the investment of the principal of the Marine Resources Fund. "Marine resources license revenues" means the net proceeds from the sale of licenses issued under Article 14B of this Chapter and a portion of the net proceeds from the sale of licenses issued under Article 25A of this Chapter, excluding endowment license revenues. The apportionment of the net proceeds from the sale of licenses issued under Article 25A of this Chapter shall be jointly determined by the Division of Marine Fisheries and the Wildlife Resources Commission. In the event that the Division of Marine Fisheries and the Wildlife Resources Commission cannot agree on the apportionment, the Governor is authorized to determine the apportionment. History (2004-187, s. 1; 2005-455, s. 2.2.) Editor's Note. - The preamble to Session Laws 2004-187 provides: "Whereas, the State of North Carolina has one of the most diverse fisheries in the United States; and "Whereas, the General Assembly recognizes that for many citizens fishing is an important recreational activity and that saltwater fishing is a source of great personal enjoyment and satisfaction; and "Whereas, the General Assembly recognizes the importance of providing plentiful fishery resources to maintain and enhance tourism as a major contributor to the economy of the State; and "Whereas, the General Assembly recognizes that commercial fishermen perform an essential function by providing wholesome food for the citizens of the State, nation, and world, and thereby properly earn a livelihood; and "Whereas, the General Assembly recognizes the economic contribution and important heritage of traditional full-time and part-time commercial fishing; and "Whereas, the General Assembly recognizes the need to protect our coastal fishery resources and to balance the commercial and recreational interests through better management of these resources; and "Whereas, the General Assembly is committed to the continued viability of both recreational and commercial fishing industries in the State; and "Whereas, the General Assembly intends that the commercial fishing industry be allowed to continue to take fish by means of all methods traditionally employed in commercial fishing operations, including the use of nets and trawls, subject to federal and State law and rules adopted by the Marine Fisheries Commission pursuant to G.S. 143B-289.52; and "Whereas, the General Assembly finds that in order to protect coastal fishery resources, it is essential that the recreational as well as the commercial fishing sectors provide data on use of fishery resources for the development of scientifically valid plans to manage fishery resources; and "Whereas, the General Assembly finds that it is essential to the success of efforts to better manage fishery resources that both the recreational and commercial fishing sectors are involved in and support these efforts; Now, therefore," Session Laws 2004-187, s. 14, contains a severability clause. Effect of Amendments. - Session Laws 2005-455, s. 2.2, effective January 1, 2006, rewrote the Article heading, which formerly read: "North Carolina Saltwater Fishing Fund" and rewrote the section.