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SB 977

Moratorium on New Coastal Fishing Regulations.

2025-2026 Session Introduced by Bobby Hanig and 1 co-sponsor

Establishes a temporary, broad moratorium on new coastal fishing regulations while the Collaboratory Study guides future policy, plus a permanent joint commission to oversee seafoo

Passed 1st Reading
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Bill Summary · SB 977

Summary of S.B. 977 (Session 2025, North Carolina) – Moratorium on New Coastal Fishing Regulations

Purpose and Intent

  • Establishes a temporary, comprehensive moratorium on regulatory actions affecting commercial and recreational fishing in North Carolina’s coastal waters.
  • The moratorium is intended to stand while the North Carolina Collaboratory study on the state’s coastal and marine fisheries is reviewed and implemented.
  • Reestablishes the Joint Legislative Commission on Seafood and Aquaculture as a permanent, dedicated joint committee to oversee seafood and aquaculture matters.

Key Provisions

Part I – Moratorium on New Coastal Fishing Regulations

  • Findings and Purpose (Sections 12-13):
    • Recognizes the importance of the seafood industry and recreational fishing to the state’s economy, food supply, tourism, and culture.
    • References the 2021 Collaboratory Study (updated by amendments) as the main guidance for future management decisions.
    • Cites regulatory changes as creating economic uncertainty for industry stakeholders.
  • Definitions (Section 3):
    • Clarifies terms such as “Collaboratory Study,” “Recreational fishing,” “Regulatory action,” “Seafood industry,” and “State marine fisheries agency.”
  • Comprehensive Moratorium (Section 4):
    • Prohibits any state agency from establishing, implementing, or enforcing new or expanded restrictions on the seafood industry or recreational fishing in coastal waters.
    • Prohibited actions include: bag/size/season changes, closures, additional reporting or monitoring requirements, gear restrictions, or binding policies with regulatory effect.
  • Quota Reallocation Prohibited (Section 5):
    • States that harvest quotas cannot be reallocated or modified between commercial and recreational sectors.
  • Status Quo for Recreational Regulations (Section 6):
    • Recreational bag/size limits, seasons, and lawful methods in effect on January 1, 2019 shall apply, effectively rolling back any post-2019 changes.
    • Requires the Fisheries Director to issue proclamations and the Marine Fisheries Commission to revise rules to conform to 2019 standards within defined timelines.
  • Anti-Circumvention (Section 7):
    • Prohibits actions intended to evade the moratorium, including reinterpretation of rules or development of adaptive management measures aimed at circumvention.
  • Limited Exceptions (Section 8):
    • Federal Compliance Exception: Regulatory actions may be taken if necessary to comply with federal law or conditions attached to federal funds (e.g., various federal acts listed).
    • Emergency Response Exception: Actions may be taken to address imminent threats to health/safety, emergencies, resource collapse, or fishery access concerns, with a sunset of 180 days.
    • Any such actions must be narrowly tailored and accompanied by a written justification.
  • Judicial Review (Section 9):
    • Allows aggrieved parties to seek judicial review in Wake County Superior Court; prevailing party may be awarded costs and attorney’s fees.

Reporting Related to the Collaboratory Study (Part I, Section 10)

  • Biannual Progress Report (Section 10(a)):
    • Starting Sept 1, 2026, the Division of Marine Fisheries must biannually report to the Joint Legislative Oversight Committee on progress implementing Collaboratory Study recommendations.
    • Reports must include determinations, near-term actions, and long-term planning considerations.
  • ** Funding (Section 10(b)-(c)):**
    • A nonrecurring $10,000 appropriation for 2026-2027 for reporting requirements.
    • Effective date for this reporting provision is July 1, 2026.

Part I – Effective Window

  • The moratorium is effective upon becoming law and expires January 1, 2037 (Section 11).

Part II – Reestablishment of the Joint Legislative Commission on Seafood and Aquaculture

  • New Article 12T (Chapter 120):
    • Establishes the Joint Legislative Commission on Seafood and Aquaculture as a permanent joint committee.
    • Composition: 15 members (4 Senators, 4 Representatives, 4 Governor appointees, 3 Agriculture Commissioner appointees).
    • Cochairs: One Senator and one Representative designated as cochairs.
    • Quorum: Eight members.
  • Powers and Duties (Section 120-70.177):
    • Monitor and study the seafood industry and potential growth in production, processing, and marketing.
    • Evaluate aquaculture expansion and possible central permitting.
    • Review actions of the Division of Marine Fisheries, Wildlife Resources Commission, and other agencies related to seafood.
    • Make regulatory recommendations, including regional division of the Atlantic fisheries areas and evaluating penalties for trespass/theft of shellfish.
    • Assess federal law, court decisions, and technology affecting the industries.
    • Propose modifications to state law/rules and report recommendations to the General Assembly.
  • Additional Provisions (Sections 120-70.178 to 120-70.181):
    • Authority to meet as needed, hire consultants, compensation for members, and staffing/funding arrangements (funding allocated by the Legislative Services Commission).

Affected Parties and Impacts

  • Seafood Industry Stakeholders: Commercial fishermen, fish dealers, for-hire vessels, aquaculture operations, shellfish farmers, seafood processors, and related businesses. The moratorium restricts new/expanded state rules that could affect operations, gear, seasons, or harvest levels.
  • Recreational Anglers: Requires maintaining 2019-level bag/size/season/harvest methods, limiting regulatory changes that could affect access or limits.
  • State Agencies: Division of Marine Fisheries, Fisheries Director, Marine Fisheries Commission, and the Department of Environmental Quality are paused from enacting new restrictive regulations unless an exception applies.
  • Legislative Oversight: Reestablishment of a permanent Joint Legislative Commission on Seafood and Aquaculture to oversee policy, study, and recommendations for the industry.

Procedural and Timeline Considerations

  • Effective date: Upon becoming law; moratorium expires January 1, 2037.
  • Exceptions permit narrowly tailored actions for federal compliance or emergencies, with sunset provisions (up to 180 days for emergency actions).
  • The Collaboratory Study forms the policy backdrop; the Division must biannually report progress starting Sept 1, 2026.
  • A dedicated $10,000 nonrecurring appropriation supports reporting activities for 2026-2027.
  • The bill creates a permanent commission (Part II) with defined membership, powers, and staffing plans.

Potential Implications

  • Provides regulatory stability and economic predictability for coastal fishing communities during the Collaboratory Study review.
  • Delays potential new restrictions or quota reallocations emerging from state rulemaking decisions.
  • Balances federal compliance and emergency needs with a strong emphasis on study-driven policymaking.
  • Establishes a formal, ongoing governance structure to shape North Carolina seafood and aquaculture policy.

Compiled from official sources — confirm details with the bill’s official record.

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