Bill Summary for H 483 (2019-2020)

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Summary date: 

Jun 18 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 483 (Public) Filed Wednesday, March 27, 2019
AN ACT TO REQUIRE A MINIMUM SIZE LIMIT FOR CERTAIN SPECIES OF MARINE FISH TO ENSURE THAT SEVENTY-FIVE PERCENT OF THE JUVENILE FISH OF THE SPECIES WILL HAVE AN OPPORTUNITY TO REACH MATURITY AND SPAWN AT LEAST ONCE.
Intro. by Yarborough, Saine, Wray, B. Turner.

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Bill summary

House committee substitute to the 2nd edition makes the following changes. 

Amends proposed GS 113-182.1(b)(8) to require the addition of a minimum size limit for every species that has contributed historically and significantly to the the fisheries of the state, including six specified species, to ensure that 75% of juvenile fish at the minimum size limit will reach maturity and will have an opportunity to spawn at least once (previously, to ensure the juvenile fish at the minimum size limit have reached the size of maturity and have had an opportunity to spawn at least once). Makes conforming changes throughout the act and to the long title concerning the minimum size limit requirement. Requires the minimum size limit established to be based on the best available biological and life history data for each species, and in the event data for a particular species is unavailable for the state, the Marine Fisheries Commission (Commission) must use data from other Atlantic coast states until North Carolina-specific studies can be done. Eliminates the statutory requirement that the Division of Marine Fisheries (Division) and the Commission follow the size limit requirement for any new Fisheries Management Plans developed for species without a size limit or with a size limit that does not meet the 75% threshold. Also eliminates the statutory requirement that the Division and the Commission review all current size limits in current Fishery Management Plans to ensure compliance with the 75% threshold. 

Concerning the Commission's rulemaking directive, eliminates the requirement that the Commission establish a minimum size limit for every marine fish species listed in the Division Stock Status Report and accompanying guidelines concerning the data to be used (now incorporated in the minimum size limit requirement set forth in proposed GS 113-182.1(b)(8) and the temporary management measure directives of the act). Makes conforming deletions. 

Now requires the Director of the Division and the Commission to develop and adopt temporary management measures to be set in place until Fishery Management Plans are adopted that include the newly required minimum size limits. Requires the Director to review the biological and life history data currently available for every marine fish species that has contributed historically and significantly to the fisheries of the state, including six specified species (corresponding to those identified in proposed GS 113-182.1(b)(8)), and to present the Director's findings by December 1, 2019 (was, August 1, 2019). Now requires the Commission to adopt temporary management measures that establish minimum size limits based on the Director's findings to ensure that 75% of the juvenile fish at the minimum size limit established for each species will reach the size of maturity and will have an opportunity to spawn at least once (previously, required the Director to also authorize the Commission to impose these temporary management measures, as modified).

Allocates $10,000 of the funds appropriated to the Division of NC Aquariums by Section 14.19 of SL 2017-57, as amended, for the planning and permitting of a satellite aquarium area, to be used instead for the act's implementation.