Bill Summary for S 554 (2019-2020)

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Summary date: 

May 2 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 554 (Public) Filed Tuesday, April 2, 2019
Intro. by Sanderson, Brown, Tillman.

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Bill summary

Senate committee substitute to the 1st edition makes the following changes.

Amends GS 113-182.2 to require that the Marine Fisheries Commission (Commission) consider any comment or recommendation that a regional advisory committee submits to the Division of Marine Fisheries (was, submits to the Commission) before the Commission adopts a Fishery Management Plan or Fishery Management Plan Amendment. 

Amends GS 143B-289.54 by amending the membership of the Commission as follows. Reinstates the requirement that one person be actively engaged in, or recently retired from, commercial fishing as demonstrated by currently or recently deriving at least 50% of annual earned income from taking and selling fishery resources in coastal fishing waters (previous edition required that 50% of annual earned income be from selling wild and aquacultured resources). Removes the change that would have allowed one person to be engaged in the for-hire or sports fishing industries, returning the requirement to engagement in the sports fishing industry only. 

Further amends GS 113-136 by giving inspectors, as well as protectors, authority to enforce criminal laws when there is probable cause to believe that a person committed a criminal offense in his presence and at the time of the violation the inspector or protector is engaged in the enforcement of laws otherwise within his jurisdiction, or when the inspector or protector is asked to provide temporary assistance by the head of a State or local law enforcement agency or his designee and the request is within the scope of the agency's subject matter jurisdiction. Incorporates the language of proposed subsection (k1) into existing subsection (k) and makes conforming changes. Also makes it illegal to refuse to allow inspectors, protectors, or other law enforcement officers to inspect wildlife, no longer requiring that it be done for the purpose of ensuring compliance with bag and size limits. 

Deletes the changes to GS 113-129, which defined non-native species.

Clarifies that the Commission does not have jurisdiction over matters clearly within the jurisdiction of the Department of Environmental Quality only (was, Department of Agriculture and Consumer Services and the Department of Environmental Quality). 

Deletes the changes to GS 113-215, which included non-native species under the definition of marine aquaculture.