Title 20
Fish and Wildlife

Chapter 3
Marine Fisheries Council

§ 20-3-2. Powers and duties.

(a) The marine fisheries council shall serve in an advisory capacity only to the state and agencies of the state regarding marine fisheries issues and shall have the power and duty to advise the director of the department of environmental management in the exercise of the director’s authority under this title for the planning, management, and regulation of marine fisheries on matters (except emergency rules adopted pursuant to § 42-35-2.10), including, but not limited to, the following activities:

(1) The manner of taking marine species from the waters of the state;

(2) The legal size limits of marine species to be taken or possessed;

(3) The seasons and hours during which marine species may be taken or possessed;

(4) The numbers or quantities of marine species which may be taken or possessed;

(5) The opening and closing of areas within the coastal waters to the taking of any and all types of marine species; and

(6) Marine fisheries licensing, including commercial, recreational and for-hire, necessary to implement the provisions of chapters 2, 2.1, and 2.2 of this title.

(b) The marine fisheries council shall advise the director in the development of the rulemaking agenda for marine fisheries pursuant to § 42-35-5.1, and shall have the power to initiate rulemaking by petition as provided for by § 42-35-6.

(c) The marine fisheries council shall advise the department regarding development of annual plans for the allocation and use of the funds made available to the department from commercial fishing license fees, tags, permits, and vessel fees as provided in § 20-2-28.2.

(d) The marine fisheries council shall review applications to CRMC for permits to conduct aquaculture, and provide recommendations to CRMC on all such applications, in accordance with § 20-10-5.

(e) The council shall report annually by April 1 of each year to the governor, the speaker of the house, the president of the senate, the chairperson of the house committee on environment and natural resources, the chairperson of the senate committee on environment and agriculture, and to the house oversight committee and the senate committee on government oversight, for the preceding calendar year with regard to:

(1) The advice it has given to state agencies, including specifically the department of environmental management, on marine fisheries issues;

(2) The response it received to the advice it gave;

(3) Any findings or position it may have with regard to the status and/or condition of marine fisheries; and

(4) Any recommendations it may have for maintaining, improving, or changing laws, regulations, or management programs for marine fisheries.