North Carolina § 143B-289 - 57. Marine Fisheries Commission Advisory Committees established; members; selection; duties.

§ 143B-289. 57. Marine Fisheries Commission Advisory Committees established; members; selection; duties.

The Commission shall be assisted in the performance of its duties by four standing advisory committees and four regional advisory committees. Each standing and regional advisory committee shall consist of no more than 11 members. The Chair of the Commission shall designate one member of each advisory committee to serve as Chair of the committee. Members shall serve staggered three-year terms as determined by the Commission. The Commission shall establish other policies and procedures for standing and regional advisory committees that are consistent with those governing the Commission as set out in this Part. The Chair of the Commission shall appoint the following standing advisory committees: The Finfish Committee, which shall consider matters concerning finfish. , (3) Repealed by Session Laws 2012-190, s. 4(a), and Session Laws 2012-200, s. 16(a), effective July 1, 2012. The Shellfish/Crustacean Advisory Committee, which shall consider matters concerning oysters, clams, scallops, other molluscan shellfish, shrimp, and crabs. Each standing advisory committee shall 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. In making appointments to advisory committees, the Chair of the Commission shall ensure that both commercial and recreational fishing interests are fairly represented and shall consider for appointment persons who are recommended by groups representing commercial fishing interests, recreational fishing interests, environmental protection and conservation interests, and other groups interested in coastal fisheries management. Each standing advisory committee shall review all matters referred to the committee by the Commission and shall make findings and recommendations on these matters. A standing advisory committee may, on its own motion, make findings and recommendations as to any matter related to its subject area. The Commission, in the performance of its duties, shall consider all findings and recommendations submitted by standing advisory committees. The Chair of the Commission shall appoint a Northern Regional Advisory Committee, encompassing areas from the Virginia line south through Hyde and Pamlico Counties and any counties to the west, and a Southern Regional Advisory Committee, encompassing areas from Carteret County south to the South Carolina line and any counties to the west. In making appointments to regional advisory committees, the Chair of the Commission shall ensure that both commercial and recreational fishing interests are fairly represented. The Chair of the Commission shall appoint a three-member Shellfish Cultivation Lease Review Committee to hear appeals of decisions of the Secretary regarding shellfish cultivation leases issued under G.S. 113-202. The Committee shall include one Commission member, who shall serve as the hearing officer, and two public members. One public member shall have expertise or other relevant experience in shellfish aquaculture, and the other public member shall have expertise or other relevant experience with respect to coastal property or property assessment. The Commission shall adopt rules to establish procedures for the appeals and may adopt temporary rules. (4) The Habitat and Water Quality Committee, which shall consider matters concerning habitat and water quality that may affect coastal fisheries resources. History (1997-400, s. 2.1; 2012-190, s. 4(a); 2012-200, s. 16(a); 2019-37, s. 6(a).) Editor's Note. - Session Laws 2012-190, s. 4(c), provides: "The terms of the members currently serving on the Crustacean, Shellfish, and the four regional advisory committees (Northeast, Southeast, Central, and Inland) shall expire on June 30, 2012. Effective July 1, 2012, the Chair of the Marine Fisheries Advisory Commission shall appoint no more than 11 members to the Northern Regional Advisory Committee and the Southern Regional Advisory Committee, established pursuant to subsection (e) of G.S. 143B-289.57, as amended by this section." Session Laws 2012-200, s. 16(c), provides: "The terms of the members currently serving on the Crustacean, Shellfish, and the four regional advisory committees (Northeast, Southeast, Central, and Inland) shall expire on June 30, 2012. Effective July 1, 2012, the Chair of the Marine Fisheries Advisory Commission shall appoint no more than 11 members to the Northern Regional Advisory Committee and the Southern Regional Advisory Committee, established pursuant to subsection (e) of G.S. 143B-289.57, as amended by this section." Session Laws 2019-37, s. 6(c), made subsection (f) of this section, as added by Session Laws 2019-37, s. 6(a), effective July 1, 2019, and applicable to decisions of the Secretary made on or after that date. Session Laws 2019-37, s. 13(a), is a severability clause. Effect of Amendments. - Session Laws 2012-190, s. 4(a), effective July 1, 2012, deleted subdivision (b)(2), which read: "The Crustacean Committee, which shall consider matters concerning shrimp and crabs."; deleted subdivision (b)(3), which read: "The Shellfish Committee, which shall consider matters concerning oysters, clams, scallops, and other molluscan shellfish."; added subdivision (b)(3a); and rewrote the first sentence of subsection (e), which read: "The Chair of the Commission shall appoint a regional advisory committee for each of the three coastal regions designated in G.S. 143B-289.54(b) and shall appoint a regional advisory committee for that part of the State that is not included in the three coastal regions." Session Laws 2012-200, s. 16(a), effective July 1, 2012, in subsection (b), repealed subdivision (2) which read: "The Crustacean Committee, which shall consider matters concerning shrimp and crabs", repealed subdivision (3) which read: "The Shellfish Committee, which shall consider matters concerning oysters, clams, scallops, and other molluscan shellfish," and added subdivision (3a); and in subsection (e), rewrote the first sentence. Session Laws 2019-37, s. 6(a), added subsection (f). For effective date and applicability, see editor's note.