N.C. Marine Fisheries Commission: The state policy-making board

The N.C. Marine Fisheries Commission is a nine-member board, appointed by the governor, which implements laws relating to coastal fisheries and coastal fishing and adopts rules and policies to be followed in the management, protection, preservation and enhancement of marine and estuarine resources within its jurisdiction. The commission meets at least quarterly and may hold additional meetings at the call of the chair.

Function and Purpose

  • The function, purpose and duties of the commission are set out in statue. G.S. 143B 289.51 directs the commission to:
  • Manage, restore, develop, cultivate, conserve, protect, and regulate the marine and estuarine resources;
  • Implement state laws relating to coastal fisheries by the adoption of rules and policies;
  • Implement management measures regarding ocean and marine fisheries; and
  • Advise the state regarding marine fisheries within the jurisdiction of regional and federal boards and councils.

Powers and Duties

The powers and duties of the commission are also found in statute. G.S. 143B 289.52 authorizes the commission to adopt rules to be followed in the management, protection, preservation and enhancement of the marine and estuarine resources within its jurisdiction, including commercial and sports fisheries. To view or download the commission’s rules, visit http://portal.ncdenr.org/web/mf/rules-and-regulations.

Some, but not all, of the other powers and duties of the commission include:

  • Authorize, license, regulate, prohibit, prescribe, or restrict all forms of marine and estuarine resources in coastal waters, with respect to:
    • Time, place, character, or dimensions of any methods or equipment that may be employed in taking fish.
    • Seasons for taking fish.
    • Size limits of and maximum quantities of fish that may be taken.
  • Provide fair regulation of commercial and recreational fishing groups in the interest of the public.
  • Govern mariculture of shellfish and other marine resources involving the use of public grounds.
  • Close waters to shellfishing for propagation.
  • Adopt relevant federal laws and regulations as state rules.
  • Delegate to the fisheries director the authority by proclamation to suspend or implement a particular rule that may be affected by a variable condition.
  • Comment on permit applications received by state agencies that affect marine resources.
  • Adopt fishery management plans.
  • Approve the Coastal Habitat Protection Plan.
  • Approve rules to define recreational and commercial fishing gear.
  • Regulate participation in a fishery that is subject to a federal fishery management plan, if that plan has a quota.
  • Establish advisory committees (G.S. 143B 289.57).
  • Adopt rules establishing sanitation requirements for the harvesting, processing and handling of scallops, shellfish and crustacean of in-state origin (G.S.113-221.2).
  • Regulate scallops, shellfish and crustacean shipped into North Carolina. (G.S.113-221.2).
  • Adopt rules to provide for a water quality monitoring program for coastal recreation waters of the state and implement the federal Beaches Environmental Assessment and Coastal Health Act of 2000. (G.S.113-221.2).

Commission Make-up

The commission seats are set out in GS 143B-289.54(a) and specify the commission be comprised of:

  • Three commercial fishermen
    • One must be a licensed dealer, processor or distributor
  • Three recreational fishermen
    • One must be involved with the sports fishing industry
  • Two at-large seats
  • One fisheries scientist

Visit http://portal.ncdenr.org/web/mf/north-carolina-marine-fisheries-commiss… to view the current commission.

Jurisdiction

The Marine Fisheries Commission’s jurisdiction includes all coastal waters out to 3 miles from shore, including 2.5 million acres of marine and estuarine waters and 4,000 miles of shoreline. This contains the shoreline of estuarine rivers and sounds, as well as the ocean.

North Carolina’s location along the Atlantic Coast presents unique management opportunities. Just offshore of Cape Hatteras, the warm waters of the Gulf Stream collide with the colder waters of the Labrador Current. This creates a mixing zone that produces a diversity of catch. The state is the southern-most migratory range of many northern species of fish, like tautog and summer flounder, and the northern-most range of many tropical species, like gag grouper and tarpon. Additionally, the Albemarle-Pamlico Sound system is the second-largest estuary on the East Coast, behind the Chesapeake Bay.