(a) The Departmentshall prepare proposed Fishery Management Plans for adoption by the MarineFisheries Commission for all commercially or recreationally significant speciesor fisheries that comprise State marine or estuarine resources. ProposedFishery Management Plans shall be developed in accordance with the PriorityList, Schedule, and guidance criteria established by the Marine FisheriesCommission under G.S. 143B‑289.52.
(b) The goal of theplans shall be to ensure the long‑term viability of the State'scommercially and recreationally significant species or fisheries. Each planshall be designed to reflect fishing practices so that one plan may apply to aspecific fishery, while other plans may be based on gear or geographic areas.Each plan shall:
(1) Contain necessaryinformation pertaining to the fishery or fisheries, including management goalsand objectives, status of relevant fish stocks, stock assessments for multiyearspecies, fishery habitat and water quality considerations consistent withCoastal Habitat Protection Plans adopted pursuant to G.S. 143B‑279.8,social and economic impact of the fishery to the State, and user conflicts.
(2) Recommend managementactions pertaining to the fishery or fisheries.
(3) Include conservationand management measures that will provide the greatest overall benefit to theState, particularly with respect to food production, recreationalopportunities, and the protection of marine ecosystems, and that will produce asustainable harvest.
(4) Specify a timeperiod, not to exceed 10 years from the date of the adoption of the plan, forending overfishing and achieving a sustainable harvest. This subdivision shallonly apply to a plan for a fishery that is overfished. This subdivision shallnot apply to a plan for a fishery where the biology of the fish orenvironmental conditions make ending overfishing and achieving a sustainableharvest within 10 years impracticable.
(c) To assist in thedevelopment of each Fishery Management Plan, the Chair of the Marine FisheriesCommission shall appoint a fishery management plan advisory committee. Eachfishery management plan advisory committee shall be composed of commercialfishermen, recreational fishermen, and scientists, all with expertise in thefishery for which the Fishery Management Plan is being developed.
(c1) The Department shallconsult with the regional advisory committees established pursuant to G.S. 143B‑289.57(e)regarding the preparation of each Fishery Management Plan. Before submission ofa plan for review by the Joint Legislative Commission on Seafood andAquaculture, the Department shall review any comment or recommendationregarding the plan that a regional advisory committee submits to the Departmentwithin the time limits established in the Schedule for the development andadoption of Fishery Management Plans established by G.S. 143B‑289.52. TheCommission shall consult with the regional advisory committees regarding thedevelopment of any temporary management measure that the Commission determinesto be necessary to ensure the viability of the species or fishery while theplan is being developed and regarding the development of any management measureto implement the plan. Before the Commission adopts a temporary managementmeasure or a management measure to implement a plan, the Commission shallreview any comment or recommendation regarding the management measure that aregional advisory committee submits to the Commission.
(d) Each FisheryManagement Plan shall be reviewed at least once every five years. The MarineFisheries Commission may revise the Priority List and guidance criteriawhenever it determines that a revision of the Priority List or guidancecriteria will facilitate or improve the development of Fishery Management Plansor is necessary to restore, conserve, or protect the marine and estuarineresources of the State. The Marine Fisheries Commission may not revise theSchedule for the development of a Fishery Management Plan, once adopted,without the approval of the Secretary of Environment and Natural Resources.
(e) The Secretary ofEnvironment and Natural Resources shall monitor progress in the development andadoption of Fishery Management Plans in relation to the Schedule fordevelopment and adoption of the plans established by the Marine FisheriesCommission. The Secretary of Environment and Natural Resources shall report tothe Joint Legislative Commission on Seafood and Aquaculture on progress indeveloping and implementing the Fishery Management Plans on or before 1September of each year. The Secretary of Environment and Natural Resourcesshall report to the Joint Legislative Commission on Seafood and Aquaculturewithin 30 days of the completion or substantial revision of each proposedFishery Management Plan. The Joint Legislative Commission on Seafood andAquaculture shall review each proposed Fishery Management Plan within 30 daysof the date the proposed Plan is submitted by the Secretary. The JointLegislative Commission on Seafood and Aquaculture may submit comments and recommendationson the proposed Plan to the Secretary within 30 days of the date the proposedPlan is submitted by the Secretary.
(f) The MarineFisheries Commission shall adopt rules to implement Fishery Management Plans inaccordance with Chapter 150B of the General Statutes.
(g) To achievesustainable harvest under a Fishery Management Plan, the Marine FisheriesCommission may include in the Plan a recommendation that the General Assemblylimit the number of fishermen authorized to participate in the fishery. TheCommission may recommend that the General Assembly limit participation in afishery only if the Commission determines that sustainable harvest cannototherwise be achieved. In determining whether to recommend that the GeneralAssembly limit participation in a fishery, the Commission shall consider all ofthe following factors:
(1) Currentparticipation in and dependence on the fishery.
(2) Past fishingpractices in the fishery.
(3) Economics of thefishery.
(4) Capability offishing vessels used in the fishery to engage in other fisheries.
(5) Cultural and socialfactors relevant to the fishery and any affected fishing communities.
(6) Capacity of thefishery to support biological parameters.
(7) Equitable resolutionof competing social and economic interests.
(8) Any other relevantconsiderations. (1997‑400,s. 3.4; 1997‑443, s. 11A.119(b); 1998‑212, s. 14.3; 1998‑225,s. 2.1; 2001‑213, s. 1; 2001‑452, s. 2.1; 2004‑160, ss. 3, 4;2007‑495, ss. 6, 7.)
(a) The Departmentshall prepare proposed Fishery Management Plans for adoption by the MarineFisheries Commission for all commercially or recreationally significant speciesor fisheries that comprise State marine or estuarine resources. ProposedFishery Management Plans shall be developed in accordance with the PriorityList, Schedule, and guidance criteria established by the Marine FisheriesCommission under G.S. 143B‑289.52.
(b) The goal of theplans shall be to ensure the long‑term viability of the State'scommercially and recreationally significant species or fisheries. Each planshall be designed to reflect fishing practices so that one plan may apply to aspecific fishery, while other plans may be based on gear or geographic areas.Each plan shall:
(1) Contain necessaryinformation pertaining to the fishery or fisheries, including management goalsand objectives, status of relevant fish stocks, stock assessments for multiyearspecies, fishery habitat and water quality considerations consistent withCoastal Habitat Protection Plans adopted pursuant to G.S. 143B‑279.8,social and economic impact of the fishery to the State, and user conflicts.
(2) Recommend managementactions pertaining to the fishery or fisheries.
(3) Include conservationand management measures that will provide the greatest overall benefit to theState, particularly with respect to food production, recreationalopportunities, and the protection of marine ecosystems, and that will produce asustainable harvest.
(4) Specify a timeperiod, not to exceed 10 years from the date of the adoption of the plan, forending overfishing and achieving a sustainable harvest. This subdivision shallonly apply to a plan for a fishery that is overfished. This subdivision shallnot apply to a plan for a fishery where the biology of the fish orenvironmental conditions make ending overfishing and achieving a sustainableharvest within 10 years impracticable.
(c) To assist in thedevelopment of each Fishery Management Plan, the Chair of the Marine FisheriesCommission shall appoint a fishery management plan advisory committee. Eachfishery management plan advisory committee shall be composed of commercialfishermen, recreational fishermen, and scientists, all with expertise in thefishery for which the Fishery Management Plan is being developed.
(c1) The Department shallconsult with the regional advisory committees established pursuant to G.S. 143B‑289.57(e)regarding the preparation of each Fishery Management Plan. Before submission ofa plan for review by the Joint Legislative Commission on Seafood andAquaculture, the Department shall review any comment or recommendationregarding the plan that a regional advisory committee submits to the Departmentwithin the time limits established in the Schedule for the development andadoption of Fishery Management Plans established by G.S. 143B‑289.52. TheCommission shall consult with the regional advisory committees regarding thedevelopment of any temporary management measure that the Commission determinesto be necessary to ensure the viability of the species or fishery while theplan is being developed and regarding the development of any management measureto implement the plan. Before the Commission adopts a temporary managementmeasure or a management measure to implement a plan, the Commission shallreview any comment or recommendation regarding the management measure that aregional advisory committee submits to the Commission.
(d) Each FisheryManagement Plan shall be reviewed at least once every five years. The MarineFisheries Commission may revise the Priority List and guidance criteriawhenever it determines that a revision of the Priority List or guidancecriteria will facilitate or improve the development of Fishery Management Plansor is necessary to restore, conserve, or protect the marine and estuarineresources of the State. The Marine Fisheries Commission may not revise theSchedule for the development of a Fishery Management Plan, once adopted,without the approval of the Secretary of Environment and Natural Resources.
(e) The Secretary ofEnvironment and Natural Resources shall monitor progress in the development andadoption of Fishery Management Plans in relation to the Schedule fordevelopment and adoption of the plans established by the Marine FisheriesCommission. The Secretary of Environment and Natural Resources shall report tothe Joint Legislative Commission on Seafood and Aquaculture on progress indeveloping and implementing the Fishery Management Plans on or before 1September of each year. The Secretary of Environment and Natural Resourcesshall report to the Joint Legislative Commission on Seafood and Aquaculturewithin 30 days of the completion or substantial revision of each proposedFishery Management Plan. The Joint Legislative Commission on Seafood andAquaculture shall review each proposed Fishery Management Plan within 30 daysof the date the proposed Plan is submitted by the Secretary. The JointLegislative Commission on Seafood and Aquaculture may submit comments and recommendationson the proposed Plan to the Secretary within 30 days of the date the proposedPlan is submitted by the Secretary.
(f) The MarineFisheries Commission shall adopt rules to implement Fishery Management Plans inaccordance with Chapter 150B of the General Statutes.
(g) To achievesustainable harvest under a Fishery Management Plan, the Marine FisheriesCommission may include in the Plan a recommendation that the General Assemblylimit the number of fishermen authorized to participate in the fishery. TheCommission may recommend that the General Assembly limit participation in afishery only if the Commission determines that sustainable harvest cannototherwise be achieved. In determining whether to recommend that the GeneralAssembly limit participation in a fishery, the Commission shall consider all ofthe following factors:
(1) Currentparticipation in and dependence on the fishery.
(2) Past fishingpractices in the fishery.
(3) Economics of thefishery.
(4) Capability offishing vessels used in the fishery to engage in other fisheries.
(5) Cultural and socialfactors relevant to the fishery and any affected fishing communities.
(6) Capacity of thefishery to support biological parameters.
(7) Equitable resolutionof competing social and economic interests.
(8) Any other relevantconsiderations. (1997‑400,s. 3.4; 1997‑443, s. 11A.119(b); 1998‑212, s. 14.3; 1998‑225,s. 2.1; 2001‑213, s. 1; 2001‑452, s. 2.1; 2004‑160, ss. 3, 4;2007‑495, ss. 6, 7.)
(a) The Departmentshall prepare proposed Fishery Management Plans for adoption by the MarineFisheries Commission for all commercially or recreationally significant speciesor fisheries that comprise State marine or estuarine resources. ProposedFishery Management Plans shall be developed in accordance with the PriorityList, Schedule, and guidance criteria established by the Marine FisheriesCommission under G.S. 143B‑289.52.
(b) The goal of theplans shall be to ensure the long‑term viability of the State'scommercially and recreationally significant species or fisheries. Each planshall be designed to reflect fishing practices so that one plan may apply to aspecific fishery, while other plans may be based on gear or geographic areas.Each plan shall:
(1) Contain necessaryinformation pertaining to the fishery or fisheries, including management goalsand objectives, status of relevant fish stocks, stock assessments for multiyearspecies, fishery habitat and water quality considerations consistent withCoastal Habitat Protection Plans adopted pursuant to G.S. 143B‑279.8,social and economic impact of the fishery to the State, and user conflicts.
(2) Recommend managementactions pertaining to the fishery or fisheries.
(3) Include conservationand management measures that will provide the greatest overall benefit to theState, particularly with respect to food production, recreationalopportunities, and the protection of marine ecosystems, and that will produce asustainable harvest.
(4) Specify a timeperiod, not to exceed 10 years from the date of the adoption of the plan, forending overfishing and achieving a sustainable harvest. This subdivision shallonly apply to a plan for a fishery that is overfished. This subdivision shallnot apply to a plan for a fishery where the biology of the fish orenvironmental conditions make ending overfishing and achieving a sustainableharvest within 10 years impracticable.
(c) To assist in thedevelopment of each Fishery Management Plan, the Chair of the Marine FisheriesCommission shall appoint a fishery management plan advisory committee. Eachfishery management plan advisory committee shall be composed of commercialfishermen, recreational fishermen, and scientists, all with expertise in thefishery for which the Fishery Management Plan is being developed.
(c1) The Department shallconsult with the regional advisory committees established pursuant to G.S. 143B‑289.57(e)regarding the preparation of each Fishery Management Plan. Before submission ofa plan for review by the Joint Legislative Commission on Seafood andAquaculture, the Department shall review any comment or recommendationregarding the plan that a regional advisory committee submits to the Departmentwithin the time limits established in the Schedule for the development andadoption of Fishery Management Plans established by G.S. 143B‑289.52. TheCommission shall consult with the regional advisory committees regarding thedevelopment of any temporary management measure that the Commission determinesto be necessary to ensure the viability of the species or fishery while theplan is being developed and regarding the development of any management measureto implement the plan. Before the Commission adopts a temporary managementmeasure or a management measure to implement a plan, the Commission shallreview any comment or recommendation regarding the management measure that aregional advisory committee submits to the Commission.
(d) Each FisheryManagement Plan shall be reviewed at least once every five years. The MarineFisheries Commission may revise the Priority List and guidance criteriawhenever it determines that a revision of the Priority List or guidancecriteria will facilitate or improve the development of Fishery Management Plansor is necessary to restore, conserve, or protect the marine and estuarineresources of the State. The Marine Fisheries Commission may not revise theSchedule for the development of a Fishery Management Plan, once adopted,without the approval of the Secretary of Environment and Natural Resources.
(e) The Secretary ofEnvironment and Natural Resources shall monitor progress in the development andadoption of Fishery Management Plans in relation to the Schedule fordevelopment and adoption of the plans established by the Marine FisheriesCommission. The Secretary of Environment and Natural Resources shall report tothe Joint Legislative Commission on Seafood and Aquaculture on progress indeveloping and implementing the Fishery Management Plans on or before 1September of each year. The Secretary of Environment and Natural Resourcesshall report to the Joint Legislative Commission on Seafood and Aquaculturewithin 30 days of the completion or substantial revision of each proposedFishery Management Plan. The Joint Legislative Commission on Seafood andAquaculture shall review each proposed Fishery Management Plan within 30 daysof the date the proposed Plan is submitted by the Secretary. The JointLegislative Commission on Seafood and Aquaculture may submit comments and recommendationson the proposed Plan to the Secretary within 30 days of the date the proposedPlan is submitted by the Secretary.
(f) The MarineFisheries Commission shall adopt rules to implement Fishery Management Plans inaccordance with Chapter 150B of the General Statutes.
(g) To achievesustainable harvest under a Fishery Management Plan, the Marine FisheriesCommission may include in the Plan a recommendation that the General Assemblylimit the number of fishermen authorized to participate in the fishery. TheCommission may recommend that the General Assembly limit participation in afishery only if the Commission determines that sustainable harvest cannototherwise be achieved. In determining whether to recommend that the GeneralAssembly limit participation in a fishery, the Commission shall consider all ofthe following factors:
(1) Currentparticipation in and dependence on the fishery.
(2) Past fishingpractices in the fishery.
(3) Economics of thefishery.
(4) Capability offishing vessels used in the fishery to engage in other fisheries.
(5) Cultural and socialfactors relevant to the fishery and any affected fishing communities.
(6) Capacity of thefishery to support biological parameters.
(7) Equitable resolutionof competing social and economic interests.
(8) Any other relevantconsiderations. (1997‑400,s. 3.4; 1997‑443, s. 11A.119(b); 1998‑212, s. 14.3; 1998‑225,s. 2.1; 2001‑213, s. 1; 2001‑452, s. 2.1; 2004‑160, ss. 3, 4;2007‑495, ss. 6, 7.)
