Bill Text: NC H302 | 2015-2016 | Regular Session | Amended
Bill Title: Strengthen Oyster Industry
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-04-22 - Ref To Com On Rules and Operations of the Senate [H302 Detail]
Download: North_Carolina-2015-H302-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 1
HOUSE BILL 302
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Short Title: Strengthen Oyster Industry. |
(Public) |
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Sponsors: |
Representatives Tine, McElraft, Millis, and Harrison (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site. |
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Referred to: |
Agriculture. |
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March 19, 2015
A BILL TO BE ENTITLED
AN ACT to strengthen and protect the oyster industry in north Carolina.
The General Assembly of North Carolina enacts:
STUDY SHELLFISH AQUACULTURE
SECTION 1. The Division of Marine Fisheries of the Department of Environment and Natural Resources shall study North Carolina's shellfish lease and franchise program, including (i) the regulatory, statutory, and other obstacles faced by the private shellfish aquaculture industry in establishing or expanding shellfish cultivation operations; (ii) a summary of shellfish leasing and franchising programs in other states and a comparison of the private shellfish aquaculture industry in North Carolina compared to other states; (iii) the economic and logistical feasibility for public‑private partnerships to engage in State‑based production of viable oyster seed through the creation of one or more production hatcheries in North Carolina; and (iv) recommendations for best practices to achieve greater opportunities for North Carolina's shellfish aquaculture industry and greater program efficiencies and outcomes, including the development of a 10‑year plan for the encouragement and enhancement of shellfish aquaculture. The Division shall report its findings and recommendations, along with an update on the implementation of Section 3 of this act no later than April 1, 2016, to the Chairs of the Environmental Review Commission, the Chairs of the House of Representatives Appropriations Subcommittee on Agriculture and Natural and Economic Resources, the Chairs of the Senate Appropriations Committee on Natural and Economic Resources, and the Fiscal Research Division.
CIVIL PENALTY AUTHORITY FOR CERTAIN SHELLFISH OFFENSES
SECTION 2. Article 16 of the General Statutes is amended by adding a new section to read:
"§ 113‑211. Civil penalties.
(a) A civil penalty of not more than ten thousand dollars ($10,000) may be assessed by the Secretary against any person who does any of the following:
(1) Takes or attempts to take shellfish in violation of G.S. 113‑208, or who takes, destroys or damages equipment or structures used for the cultivation of shellfish pursuant to and within the confines of a lease or franchise granted under the provisions of this Article.
(2) Takes or attempts to take shellfish in violation of G.S. 113‑209 from areas closed to harvest by statute, rule, or proclamation.
(3) Takes or attempts to take shellfish from an area designated as an oyster sanctuary by the Division of Marine Resources of the Department.
(b) In determining the amount of the penalty, the Secretary shall consider the factors set out in G.S. 143B‑289.53(b), as well as the level of damage to the natural resources of the State, and, in the case of penalties levied under subdivision (a)(1) of this section, the amount and severity of physical and economic damage to the shellfish aquaculture operations of the holder of the lease or franchise. The procedures set out in G.S. 143B‑289.53 shall apply to civil penalty assessments that are presented to the Commission for final agency decision.
(c) The Secretary shall notify any person assessed a civil penalty of the assessment and the specific reasons therefor by registered or certified mail or by any means authorized by G.S. 1A‑1, Rule 4. Contested case petitions shall be filed pursuant to G.S. 150B‑23 within 30 days of receipt of the notice of assessment.
(d) Requests for remission of civil penalties shall be filed with the Secretary. Remission requests shall not be considered unless filed within 30 days of receipt of the notice of assessment. Remission requests must be accompanied by a waiver of the right to a contested case hearing pursuant to Chapter 150B of the General Statutes and a stipulation of the facts on which the assessment was based. Consistent with the limitations in G.S. 143B‑289.53(c), remission requests may be resolved by the Secretary and the violator. If the Secretary and the violator are unable to resolve the request, the Secretary shall deliver remission requests and the Secretary's recommended action to the Committee on Civil Penalty Remissions of the Marine Fisheries Commission appointed pursuant to G.S. 143B‑289.53(c).
(e) If any civil penalty has not been paid within 30 days after notice of assessment has been served on the violator, the Secretary shall request the Attorney General to institute a civil action in the superior court of any county in which the violator resides or has the violator's principal place of business to recover the amount of the assessment, unless the violator contests the assessment as provided in subsection (c) of this section or requests remission of the assessment in whole or in part as provided in subsection (d) of this section. If any civil penalty has not been paid within 30 days after the final agency decision or court order has been served on the violator, the Secretary shall request the Attorney General to institute a civil action in the superior court of any county in which the violator resides or has the violator's principal place of business to recover the amount of the assessment. Civil actions must be filed within three years of the date the final agency decision or court order was served on the violator."
AMEND SENATOR JEAN PRESTON MARINE SHELLFISH SANCTUARY LEGISLATION
SECTION 3. Section 44 of S.L. 2014‑120 reads as rewritten:
"SENATOR JEAN PRESTON MARINE SHELLFISH OYSTER SANCTUARY
PROGRAM
"SECTION 44.(a) It is the intent of the General
Assembly to establish a marine shellfish sanctuary in the Pamlico Sound to
be named in honor of former Senator Jean Preston, to be called the "Senator
Jean Preston Marine Shellfish Sanctuary."to enhance shellfish
habitat within the Albemarle and Pamlico Sounds and their tributaries to
benefit fisheries, water quality, and the economy. This will be achieved
through the establishment of a network of oyster sanctuaries, harvestable
enhancement sites, and coordinated support for the development of shellfish
aquaculture. The network of oyster
sanctuaries is to be named in honor of Senator Jean Preston and will be called
the "Senator Jean Preston Oyster Sanctuary Network."
"SECTION 44.(b) The Division of Marine Fisheries
of the Department of Environment and Natural Resources shall designate an
area of appropriate acreage within the Pamlico Sound as a recommendation to the
Environmental Review Commission for establishment of the "Senator Jean
Preston Marine Shellfish Sanctuary" and create a plan for managing the
sanctuary that includes develop a plan to construct and manage
additional oyster habitat. The new sanctuaries, along with selected existing
oyster sanctuaries, will be included in the Senator Jean Preston Oyster
Sanctuary Network. The plan will include the following components:
(1) Location and delineation of the sanctuary. oyster
sanctuaries. The plan should include a locationlocations
for the sanctuarysanctuary network components that minimizes minimize
the impact on commerciall trawling. In addition, the sanctuary should be
gridded into areas leased to private parties for restoration and harvest and
areas operated and maintained by the State for restoration that are not open
for harvest. The leased and unleased areas should be arranged in a pattern
where leased squares are surrounded on four sides by unleased squares.The location of sanctuaries shall take into
account connectivity to existing oyster sanctuaries and proposed oyster
enhancement sites. New oyster sanctuaries shall be designed to provide hook and
line fishing while allowing the development of complex fish habitat and brood‑stock
oysters that will enhance recruitment in the surrounding reefs. The plan should
outline a 10‑year development project to accomplish the expansion.
(2) Administration. The plan should include
the prices to be charged for the leased portions of the sanctuary, including an
administration fee to be retained by the Division to support the leasing and
monitoring program. The plan shall also provide that the balance of lease
payments collected by the Division be transferred to the General Fund with a
recommendation that some or all of the proceeds be used for the support of the
State's special education programs in memory of Senator Jean Preston.
(3) Enhancement of oyster habitat restoration. The General Assembly finds that the lack of a reliable State‑based supply of oyster seed and inadequate funding for cultch planting are limitations to the expansion of oyster harvesting and the restoration of wild oyster habitat in North Carolina. Therefore, the plan should include the following:
a. Provisions and recommendations to facilitate the availability of oyster seed produced in North Carolina for wild oyster habitat restoration projects as well as oyster aquaculture and to reduce potential negative impacts from importation of non‑native oyster seed.
b. Plans, where feasible, for public‑private partnerships for State‑based production of viable oyster seed through the creation of one or more production hatcheries, and recommendations for increased support of the existing research hatchery at UNC‑Wilmington.
c. Plans and cost estimates for an expansion of cultch planting in suitable areas of the State's coastal waters in order to expand areas suitable for development of wild oyster habitat.
(4) Economic relief. The plan should consider a waiver of application fees and yearly rental fees for new shellfish leases for an established period of time to further promote and support shellfish aquaculture in North Carolina. The new leasing fee waiver program should include measures to discourage speculation and target persons with a genuine interest in starting a shellfish aquaculture business, such as a requirement that the lease be nontransferable for a five‑year period.
(5) Outreach. The plan should include outreach and education that promotes, whenever possible, public‑private partnerships utilizing the Sea Grant College Program, local colleges and other nongovernmental organizations to (i) encourage shellfish aquaculture and provide technical assistance to broaden cost‑effective technologies available to leaseholders; (ii) encourage best management practices to leaseholders; and (iii) inform fishermen and the public on the benefits provided by the Senator Jean Preston Oyster Sanctuary Network.
(6) Monitoring. The plan should include a monitoring plan designed to (i) determine the success of oyster reef construction; and (ii) evaluate the cost benefit of the oyster sanctuary network and harvestable enhancement sites.
(3)(7) Funding. The plan should include a
request for appropriations sufficient to provide funds for the construction
of appropriate bottom habitat and shellfish seeding and for Division staff
necessary to conduct oyster restoration and monitoring activities. The plan
should provide that, whenever possible, construction and shellfish seeding be
carried out by contract with private entities.for Division staff to
expand oyster restoration and monitoring activities for 10 years. The plan
should provide that, whenever possible, public‑private partnerships are
employed to meet the construction, seeding and outreach requirements of the
plan.
(4) Commercial fisherman relief. To promote
the diversification of commercial fishing opportunities, the plan should
include a program to award free or discounted leases under this section to
commercial fishermen who (i) have held one or more commercial fishing licenses
continually for a period of 10 or more years and (ii) receive at least fifty
percent (50%) of their income from commercial fishing with those licenses.
(5)(8) Recommendations. The plan should shall
include recommendations for statutory or regulatory changes needed to expedite
the expansion of shellfish restoration and harvesting in order to improve water
quality, restore ecological habitats, provide enhanced recreational and
commercial fishing opportunities, and expand the coastal economy.
"SECTION 44.(c) No later than December
1, 2014, and quarterly thereafter until submission of a final plan to the
Environmental Review Commission, the Department of Environment and Natural
Resources shall report to the Environmental Review Commission regarding its
implementation of this section and its recommended plan."
CORE SOUND SHELLFISH LEASING
SECTION 4. The Division of Marine Fisheries of the Department of Environment and Natural Resources shall, in consultation with representatives of the commercial fishing industry, representatives of the shellfish aquaculture industry, and relevant federal agencies, create a proposal to open certain areas of Core Sound to shellfish cultivation leasing. The Division will report regarding the plan no later than May 1, 2016, to the Joint Legislative Commission on Government Operations.
RESTORE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON SEAFOOD AND AQUACULTURE
SECTION 5.1. Subdivisions 1.2(a)(5) and 1.2(b)(3) and Sections 2.26 through 2.29 of S.L. 2011‑291 are repealed, and Article 12F of Chapter 120 of the General Statutes, as it existed prior to its repeal by S.L. 2011‑291, is reenacted.
SECTION 5.2. G.S. 120‑76(15) is repealed.
SECTION 5.3. G.S. 120‑70.62, as reenacted by Section 5.1 of this act, reads as rewritten:
"§ 120‑70.62. Powers and duties.
The Commission shall have the following powers and duties:
(1) To monitor and study the current seafood industry
in North Carolina including studies of the feasibility of increasing the State's
production, processing, and marketing of seafood;seafood.
(2) To study the potential for increasing the role of
aquaculture in all regions of the State;State.
(3) To evaluate the feasibility of creating a central
permitting office for fishing and aquaculture matters;matters.
(4) To evaluate actions of the Division of Marine
Fisheries of the Department of Environment and Natural Resources, the Wildlife
Resources Commission of the Department of Environment and Natural ResourcesCommission,
and of any other board, commission, department, or agency of the State or local
government as such actions relate to the seafood and aquaculture industries;industries.
(5) To make recommendations regarding regulatory
matters relating to the seafood and aquaculture industries including, but not
limited to:
a. Increasing the State's representation and
decision‑making ability by dividing the State between the Atlantic and
South Atlantic regions of the National Division of Marine Fisheries; and
b. Evaluating the necessity to substantially
increaseTo evaluate the adequacy of penalties for trespass and theft
of shellfish and other aquaculture products;products.
(6) To review and evaluate changes in federal law and
regulations, relevant court decisions, and changes in technology affecting the
seafood and aquaculture industries;industries.
(7) To review existing and proposed State law and rules
affecting the seafood and aquaculture industries and to determine whether any
modification of law or rules is in the public interest;interest.
(8) To make reports and recommendations, including
draft legislation, to the General Assembly from time to time as to any matter
relating to the powers and duties set out in this section; andsection.
(9) To undertake such additional studies as it deems appropriate or as may from time to time be requested by the President of the Senate, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, either house of the General Assembly, the Legislative Research Commission, or the Joint Legislative Commission on Governmental Operations, and to make such reports and recommendations to the General Assembly regarding such studies as it deems appropriate."
EFFECTIVE DATE
SECTION 6. This act is effective when it becomes law.
