HB 353 Gamefish Designation Bill

**Backlash** Mon Jan 23, 2012 11:31 am

Here's a copy of the bill that is currently stalled in the NC Commerce and Jobs Devolopment committee.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 H 1 HOUSE BILL 353 Short Title: Designation of Coastal Game Fish. (Public) Sponsors: Representatives McCormick, Glazier, Ingle, and Samuelson (Primary Sponsors). For a complete list of Sponsors, see Bill Information on the NCGA Web Site. Referred to: Commerce and Job Development Subcommittee on Business and Labor. March 16, 2011

*H353-v-1*

A BILL TO BE ENTITLED 1

AN ACT TO DESIGNATE RED DRUM, SPOTTED SEA TROUT, AND STRIPED BASS 2 AS COASTAL GAME FISH; TO PROHIBIT THE TAKING OF COASTAL GAME FISH 3 OTHER THAN BY HOOK-AND-LINE; TO PROHIBIT THE SALE OF COASTAL 4 GAME FISH; AND TO COMPENSATE COMMERCIAL FISHERMEN FOR CERTAIN 5 LOSSES DUE TO THE DESIGNATION AND PROHIBITION. 6

The General Assembly of North Carolina enacts: 7

SECTION 1. Article 15 of Chapter 113 of the General Statutes is amended by 8 adding a new section to read: 9

"§ 113-192. Coastal game fish. 10

(a) Designation. – The General Assembly hereby designates all of the following species 11 as coastal game fish: 12

(1) Red drum (Sciaenops ocellatus). 13

(2) Spotted sea trout (Cynoscion nebulosus). 14

(3) Striped bass (Morone saxatilis). 15

(b) Requirements. – Species designated as coastal game fish under subsection (a) of this 16 section are subject to all of the following requirements: 17

(1) In coastal fishing waters, they may only be taken by hook-and-line. 18

(2) They may not be bought, sold, bartered, or exchanged. 19

(3) They may not be possessed for the purpose of purchase, sale, barter, 20 exchange, or for transport or shipment in commerce within the State or for 21 export from the State." 22

SECTION 2.(a) Notwithstanding G.S. 113-175.1, the Marine Fisheries 23 Commission shall make mitigation payments from the North Carolina Marine Resources Fund 24 to commercial fishermen licensed under Article 14A of this Chapter who can demonstrate 25 actual financial losses due to a coastal game fish designation under G.S. 113-192, as enacted by 26 Section 1 of this act. 27

SECTION 2.(b) Subject to the limitation contained in subsection (c) of this 28 section, the Marine Fisheries Commission shall make mitigation payments for all of the 29 following: 30

(1) The average annual income to a commercial fisherman from the sale of fish 31 designated as coastal game fish under G.S. 113-192 over the period 2008 32 through 2010. The Marine Fisheries Commission shall make an annual 33 payment in this amount to an eligible commercial fisherman in the years 34 2012, 2013, and 2014. 35 General Assembly of North Carolina Session 2011

Page 2 House Bill 353-First Edition

(2) The 2010 value of commercial fishing gear used in 2010 to exclusively take 1 fish designated as coastal game fish under G.S. 113-192. The Marine 2 Fisheries Commission shall make this payment in 2012. 3

SECTION 2.(c) Payments made under this section shall be limited to a total of one 4 million dollars ($1,000,000). 5

SECTION 2.(d) The Marine Fisheries Commission may adopt any rules necessary 6 for the implementation of this section. 7

SECTION 3. This act becomes effective July 1, 2011.