North Carolina § 143B-289 - 51. Marine Fisheries Commission - creation; purposes.

§ 143B-289. 51. Marine Fisheries Commission - creation; purposes.

There is hereby created the Marine Fisheries Commission in the Department of Environmental Quality. The functions, purposes, and duties of the Marine Fisheries Commission are to: Manage, restore, develop, cultivate, conserve, protect, and regulate the marine and estuarine resources within its jurisdiction, as described in G.S. 113-132. Implement the laws relating to coastal fisheries, coastal fishing, shellfish, crustaceans, and other marine and estuarine resources enacted by the General Assembly by the adoption of rules and policies, to provide a sound, constructive, comprehensive, continuing, and economical coastal fisheries program directed by citizens who are knowledgeable in the protection, restoration, proper use, and management of marine and estuarine resources. Implement management measures regarding ocean and marine fisheries in the Atlantic Ocean consistent with the authority conferred on the State by the United States. Advise the State regarding ocean and marine fisheries within the jurisdiction of the Atlantic States Marine Fisheries Compact, the South Atlantic Fishery Management Council, the Mid-Atlantic Fishery Management Council, and other similar organizations established to manage or regulate fishing in the Atlantic Ocean. History (1997-400, s. 2.1; 1997-443, s. 11A.119(b); 2015-241, s. 14.30(u).) Editor's Note. - Session Laws 1997-400, s. 6.8 directed the Revisor of Statutes to set out s. 6.4 of that act as a note under this section. Section 6.4 is noted below. Session Laws 1997-400, s. 6.4, provides: "The records, personnel, property, unexpended balances of appropriations, allocations, and other funds, including the functions of budgeting and purchasing, heretofore vested in the Marine Fisheries Commission created under Part 5A of Article 7 of Chapter 143B of the General Statutes, repealed by Section 6.3 of this act, are transferred to the Marine Fisheries Commission created under Part 5B of Article 7 of Chapter 143B of the General Statutes, as enacted by Section 2.1 of this act. All rules, decisions, and actions heretofore adopted, made or taken by the Marine Fisheries Commissions created under Part 5 of Article 7 of Chapter 143B of the General Statutes, repealed by Section 1 of Chapter 641 of the 1987 Session Laws, and all rules, decisions, and actions, heretofore adopted, made, or taken by the Marine Fisheries Commission created under Part 5A of Article 7 of Chapter 143B of the General Statutes, repealed by Section 6.3 of this act, that have not been heretofore repealed or rescinded shall continue in effect until repealed or rescinded by the Marine Fisheries Commission created under Part 5B of Article 7 of Chapter 143B of the General Statutes, as enacted by Section 2.1 of this act." Session Laws 1998-225, s. 5.3, provides: "Unless otherwise expressly provided, every agency to which this act applies shall adopt rules to implement the provisions of this act only in accordance with the provisions of Chapter 150B of the General Statutes. This act constitutes a recent act of the General Assembly within the meaning of G.S. 150B-21.1 . Every agency to which this act applies that is authorized to adopt rules to implement the provisions of this act may adopt temporary rules to implement the provisions of this act. This section shall continue in effect until all rules necessary to implement the provisions of this act have become effective as either temporary rules or permanent rules." Session Laws 2015-286, s. 4.21, provides: "The Department of Environment and Natural Resources [now Department of Environmental Quality] shall study whether and to what extent activities related to the construction, maintenance, and removal of linear utility projects should be exempt from certain environmental regulations. For purposes of this section, 'linear utility project' means an electric power line, water line, sewage line, stormwater drainage line, telephone line, cable television line, data transmission line, communications-related line, or natural gas pipeline. For purposes of this section, 'environmental regulation' means a regulation established or implemented by any of the following: "(1) The Department of Environment and Natural Resources created pursuant to G.S. 143B-279.1. "(2) The Environmental Management Commission created pursuant to G.S. 143B-282. "(3) The Coastal Resources Commission established pursuant to G.S. 113A-104. "(4) The Marine Fisheries Commission created pursuant to G.S. 143B-289.51. "(5) The Wildlife Resources Commission created pursuant to G.S. 143-240 "(6) The Commission for Public Health created pursuant to G.S. 130A-29. "(7) The Sedimentation Control Commission created pursuant to G.S. 143B-298. "(8) The North Carolina Mining and Energy Commission created pursuant to G.S. 143B-293.1. "(9) The North Carolina Oil and Gas Commission created pursuant to G.S. 143B-293.1. "No later than March 1, 2016, the Department shall report the results of this study, including any recommendations, to the Environmental Review Commission." Effect of Amendments. - 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 subsection (a). Opinions of Attorney General The Marine Fisheries Commission has the power to regulate North Carolina vessels in the Exclusive Economic Zone (EEZ), and the Marine Patrol has the power to cite those vessels in the EEZ; the Marine Patrol has both subject matter jurisdiction and territorial jurisdiction over State registered vessels in the EEZ, subject to certain restrictions. See opinion of Attorney General to Colonel B. M. Rivenbark, N.C. Marine Patrol Division of Marine Fisheries, 1998 N.C.A.G. 16 (3/9/98).