Part I.
Includes five legislative findings and establishes the purpose of the Part's provisions is to enact a comprehensive moratorium to prevent regulatory expansion affecting commercial fishing and recreational fishing activity until the NC Collaboratory study, legislatively mandated in 2021, can be fully evaluated by the NCGA.
Defines five terms, including Collaboratory study, recreational fishing, regulatory action, seafood industry, and State marine fisheries agency, and makes definitions set forth in GS 113-128 and GS 113-129 applicable. Prohibits State marine fisheries agencies, defined to include the Division of Marine Resources (Division) of the Department of Environmental Quality (DEQ), the Fisheries Director, the Marine Fisheries Commission, and DEQ Secretary, from establishing, implementing, or enforcing regulatory action imposing new or expanded restrictions on the seafood industry or recreational fishing in coastal water. Identifies six actions included in this moratorium, including reductions in bag, size and trap limits and additional restrictions on fishing methods and gear. Bars State marine agencies from reallocating or modifying the harvest quota allocated to the commercial and recreational fishing sectors. Directs that the recreational bag limits, size limits, seasons, and lawful harvest methods that were in effect on January 1, 2019, apply to recreational fishing in coastal fishing waters. Directs the Fisheries Director to issue consistent proclamations to restore these limits to those in effect on January 1, 2019, within 30 days of the date the act becomes law, and directs the Marine Fisheries Commission to amend its rules, guidelines, and policies to conform the limits with those that were in effect on January 1, 2019.
Bars State marine fisheries agencies from acting inconsistent with the act or its purpose unless strictly necessary to comply with a condition imposed on the receipt of federal funds or to implement federal law, with a list of specified federal laws included for compliance. Requires action taken under the federal compliance exception to be narrowly tailored for compliance or conditions of federal funding with any new or expanded restrictions the minimum necessary to maintain compliance. Requires agencies to prepare written statements identifying the federal law requiring the excepted action and reasons why action is required. Additionally allows regulatory action prohibited by the act if strictly necessary for any of five listed purposes, including to protect against imminent threats to public health and safety or to prevent catastrophic loss of marine and estuarine resources, so long as the action is narrowly tailored to address the emergency situation and any new or expanded restrictions are the minimum necessary. Requires agencies to prepare written statements identifying the emergency situation and reasons why action is required. Sunsets authorized regulatory actions no later than 180 days following their effective date.
Provides for judicial review of regulatory actions taken in violation of Part I of the act in Wake County Superior Court with relief including costs and reasonable attorneys' fees. States the APA applies to this review.
Directs the Division to biannually report to the specified NCGA committee on its review and implementation of recommendations from the Collaboratory study mandated by SL 2021-180, as amended, beginning on September 1, 2026. Specified required content. Appropriates $10,000 from the General Fund to DEQ for 2026-27 to be used for the Division's reports. Effective July 1, 2026.
Sunsets the provisions of Part I on January 1, 2037.
Part II.
Enacts Article 12T, GS Chapter 120, establishing the Joint Legislative Commission on Seafood and Aquaculture as a 15-member Commission appointed by the NCGA, Governor, and Commissioner of Agriculture, as specified. Provides for the Commission's chair, terms, meetings, staffing, and expenses. Lists nine powers and duties of the Commission, including studying the potential increasing role of aquaculture in the State and evaluating the feasibility of creating a central permitting office for fishing and aquaculture matters. Adds that the Commission has all powers granted to joint committees by the NCGA under specified state law. Directs the Legislative Service Commission to allocate monies to fund the Commission.
Part III.
Includes a severability clause.
MORATORIUM ON NEW COASTAL FISHING REGULATIONS.
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| View NCGA Bill Details | 2025-2026 Session |
AN ACT TO ESTABLISH A TEMPORARY MORATORIUM ON REGULATORY ACTIONS AFFECTING COMMERCIAL AND RECREATIONAL FISHING PENDING REVIEW AND IMPLEMENTATION OF THE NORTH CAROLINA COLLABORATORY STUDY OF THE COASTAL AND MARINE FISHERIES OF THE STATE AND TO REESTABLISH THE JOINT LEGISLATIVE COMMISSION ON SEAFOOD AND AQUACULTURE.Intro. by Hanig.
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S 977
Bill Summaries:
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Bill S 977 (2025-2026)Summary date: May 1 2026 - View Summary
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Identical to S 1065, filed on 4/30/26.