NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 388

SENATE BILL 30

 

 

AN ACT TO AMEND VARIOUS MARINE FISHERIES STATUTES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 113-128, as the same appears in the 1978 Replacement Volume 3A, Part II of the General Statutes, is amended by deleting the words "Commercial and Sports" in line four and substituting therefor "Marine", by deleting the words "commercial and sports" in line nine and substituting therefor the word "marine" and by deleting the words "Commercial and sports" in line 15 and substituting therefor the word "Marine".

Sec. 2.  G.S. 113-155.1, as the same appears in the 1978 Replacement Volume 3A, Part II of the General Statutes, is amended by rewriting the section as follows:

"The receipt of a current and valid commercial fishing license issued by the department shall serve as proper identification of the licensee as a commercial fisherman."

Sec. 3.  G.S. 113-162, as the same appears in the 1978 Replacement Volume 3A, Part II of the General Statutes, is amended by denominating the existing paragraph as subsection "(a)" and by adding a new subsection "(b)" to read as follows:

"(b)      A violation of this section is punishable by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00)."

Sec. 4.  G.S. 113-163, as the same appears in the 1978 Replacement Volume 3A, Part II of the General Statutes, is amended by adding a new subsection "(c)" to read as follows:

"(c)       The following records collected and compiled by the Department shall not be considered public records within the meaning of Chapter 132 of the General Statutes, but shall be confidential and shall be used only for the equitable and efficient administration and enforcement of this Article or for determining conservation policy, and shall not be disclosed except when required by the order of a court of competent jurisdiction: All records, accounts and reports which licensees are required by the Department to make, keep and exhibit pursuant to the provisions of this section, and all records, accounts and memoranda compiled by the Department from records, accounts and reports of licensees and from investigations and inspections, containing data and information concerning the business and operations of licensees reflecting their assets, liabilities, inventories, revenues and profits; the number, capacity, capability and type of fishing vessels owned and operated; the type and quantity of fishing gear used; the catch of fish or other seafood by species in numbers, size, weight, quality and value; the areas in which fishing was engaged in; the location of catch; the time of fishing, number of hauls, and the disposition of the fish and other seafood. The Department may compile statistical information in any aggregate or summary form which does not directly or indirectly disclose the identity of any licensee-source of the information, and any compilation of such statistical information by the Department shall be a public record open to inspection and examination by any person, and may be disseminated to the public by the Department."

Sec. 5.  G.S. 113-187(d), as the same appears in the 1978 Replacement Volume 3A, Part II of the General Statutes, is amended by adding the following sentence at the end of subsection (3):

"Or juveniles of any other species of major economic importance."

and by adding a new subsection (5) to read as follows:

"(5)      using or attempting to use any trawl net or dredge in designated primary nursery areas."

Sec. 6.  G.S. 113-221(e), as the same appears in the 1978 Replacement Volume 3A, Part II of the General Statutes, is amended by rewriting the first paragraph to read as follows:

"The Marine Fisheries Commission may delegate to the secretary the authority to issue proclamations suspending or implementing, in whole or in part, particular regulations of the commission which may be affected by variable conditions. Such proclamations are to be issued by the secretary or by a person designated by the secretary. All proclamations must state the hour and date upon which they become effective and must be issued at least 48 hours in advance of the effective date and time. In those situations in which the proclamation prohibits the taking of certain fisheries resources for reasons of public health, the proclamation can be made effective immediately upon issuance. Persons violating any proclamation which is made effective immediately shall not be charged with a criminal offense during the time between the issuance and 48 hours after such issuance unless such person had actual notice of the issuance of such proclamation. Fisheries resources taken or possessed by any person in violation of any proclamation may be seized regardless of whether such person had actual notice of the proclamation. A permanent file of the text of all proclamations shall be maintained in the office of the secretary or the person designated by the secretary to issue proclamations. Certified copies of proclamations are entitled to judicial notice in any civil or criminal proceeding. Article 2 and Article 5 of Chapter 150A of the General Statutes are not applicable to proclamations issued in accordance with this section and proclamations need not be filed with any clerks of superior court."

Sec. 7.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 18th day of April, 1979.