Bill Summary – FastDemocracy

H.B. 513
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                              Apr 8, 2021
                                      SESSION 2021                                      HOUSE PRINCIPAL CLERK
     H                                                                                                 D
                                   HOUSE BILL DRH40327-MH-119
     Short Title:   Peoples' Choice for Marine Sources.                                          (Public)
     Sponsors:      Representative Richardson.
     Referred to:
                                     A BILL TO BE ENTITLED
 AN ACT TO PROVIDE FOR A REFERENDUM TO LIMIT INDISCRIMINATE NET
     FISHING IN THE COASTAL WATERS OF THE STATE.
 The General Assembly of North Carolina enacts:
             SECTION 1. Article 15 of Chapter 113 of the General Statutes is amended by adding
 a new section to read:
 "§ 113-192. Regulation of marine net fishing.
     (a)     Purpose. – The marine resources of the State of North Carolina belong to all of the
 people of the State and should be conserved and managed for the benefit of the State, its people,
 and future generations. To this end, the General Assembly enacts limitations on marine net
 fishing in coastal fishing waters to protect saltwater finfish, shellfish, and other marine animals
 from unnecessary killing, overfishing, and waste.
     (b)     Net Prohibition. – It is unlawful to use either a gill net or other entangling net in
 coastal fishing waters for the purpose of catching or taking any saltwater finfish, shellfish, or
 other marine animals.
     (c)     Additional Net Restrictions. – In addition to the prohibition set forth in subsection (b)
 of this section, no other type of net containing more than 500 square feet of mesh area shall be
 used in coastal fishing waters. Additionally, no more than two nets which shall not be connected
 shall be used from any vessel, and no person not on a vessel shall use more than one net in coastal
 fishing waters.
     (d)     Definitions. – The following definitions apply in this section:
             (1)     Coastal fishing waters. – Defined in G.S. 113-129(4).
             (2)     Entangling net. – A drift net, trammell net, stab net, or any other net which
                     captures saltwater finfish, shellfish, or other marine animals by causing all or
                     part of heads, fins, legs, or other body parts to become entangled or ensnared
                     in the meshes of the net. The term does not include a hand-thrown cast net.
             (3)     Gill net. – One or more walls of netting which captures saltwater finfish by
                     ensnaring or entangling them in the meshes of the net by the gills. The term
                     does not include a hand-thrown cast net.
             (4)     Mesh area. – With respect to a net, the total area of netting with the meshes
                     open to comprise the maximum square footage. The square footage shall be
                     calculated using standard mathematical formulas for geometric shapes. Seines
                     and other rectangular nets shall be calculated using the maximum length and
                     maximum width of netting. Trawls and other bag-type nets shall be calculated
                     as a cone using the maximum circumference of the net mouth to derive the
                     radius and the maximum length from the net mouth to the tail end of the net
                                   *DRH40327-MH-119*
     General Assembly Of North Carolina                                                    Session 2021
                      to derive the slant height. Calculations for any other nets of combination type
                      nets shall be based on the shape of the individual components."
             SECTION 2. The question of whether North Carolina should limit marine net fishing
 as set out in the statutory amendment in Section 1 of this act shall be submitted to the qualified
 voters of the State at the general election in November 2022. Any other election or referendum
 validly called or scheduled by law at the time the election on the bond question provided for in
 this section is held may be held as called or scheduled. Notice of the election shall be given in
 the manner and at the times required by G.S. 163-33(8). The election and the registration of
 voters therefor shall be held under and in accordance with the general laws of the State. Absentee
 ballots shall be authorized in the election and shall be available 50 days prior to the date on which
 the election is to be held. Ballots, voting systems authorized by Article 14A of Chapter 163 of
 the General Statutes, or both may be used in accordance with rules prescribed by the State Board
 of Elections. The question to be used in the ballots or voting systems shall be:
                                      "[ ] FOR [ ] AGAINST
             Limits on marine net fishing in order to protect saltwater finfish, shellfish, and other
 marine animals from unnecessary killing, overfishing, and waste."
             SECTION 3. If a majority of the votes cast on the question are in favor of the
 question set out in Section 2 of this act, the State Board of Elections shall certify the amendment
 to the Secretary of State and to the Revisor of Statutes. The amendments to the General Statutes
 set forth in Section 1 shall become effective upon this certification. The Secretary of State shall
 enroll the amendment so certified among the permanent records of that office.
             SECTION 4. This act is effective when it becomes law.
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