113-201. Legislative findings and declaration of policy; authority of Marine Fisheries Commission. (a) The General Assembly finds that shellfish cultivation provides increased seafood production and long-term economic and employment opportunities. The General Assembly also finds that shellfish cultivation provides increased ecological benefits to the estuarine environment by promoting natural water filtration and increased fishery habitats. […]
113-201.1. Definitions. As used in this Article: (1) "Natural shellfish bed" means an area of public bottom where oysters, clams, scallops, mussels or other shellfish are found to be growing in sufficient quantities to be valuable to the public. (2) "Riparian owner" means the holder(s) of the fee title to land that is bordered by […]
113-202. New and renewal leases for shellfish cultivation; termination of leases issued prior to January 1, 1966. (a) To increase the use of suitable areas underlying coastal fishing waters for the production of shellfish, the Secretary may grant shellfish cultivation leases to persons who reside in North Carolina under the terms of this section when […]
113-202.1. Water column leases for aquaculture. (a) To increase the productivity of leases for shellfish culture issued under G.S. 113-202, the Secretary may amend shellfish cultivation leases to authorize use of the water column superjacent to the leased bottom under the terms of this section when he determines the public interest will benefit from amendment […]
113-202.2. Water column leases for aquaculture for perpetual franchises. (a) To increase the productivity of shellfish grants and perpetual franchises for shellfish culture recognized under G.S. 113-206, the Secretary may lease the water column superjacent to such grants or perpetual franchises (hereinafter "perpetual franchises") under the terms of this section when it determines the public […]
113-203. Transplanting of oysters and clams. (a) Repealed by Session Laws 2009-433, s. 6, effective August 7, 2009 (subdivision (a)(2)), and by Session Laws 2014-120, s. 26, effective September 18, 2014 (remainder of subsection (a)). (a1) Repealed by Session Laws 2014-120, s. 26, effective September 18, 2014. (a2) It is unlawful to do any of […]
113-204. Propagation of shellfish. The Department is authorized to close areas of public bottoms under coastal fishing waters for such time as may be necessary in any program of propagation of shellfish. The Department is authorized to expend State funds planting such areas and to manage them in ways beneficial to the overall productivity of […]
113-205. Registration of grants in navigable waters; exercise of private fishery rights. (a) Every person claiming to any part of the bed lying under navigable waters of any coastal county of North Carolina or any right of fishery in navigable waters of any coastal county superior to that of the general public must register the […]
113-206. Chart of grants, leases and fishery rights; overlapping leases and rights; contest or condemnation of claims; damages for taking of property. (a) The Secretary must commence to prepare as expeditiously as possible charts of the waters of North Carolina containing the locations of all oyster and clam leaseholds made by the Department under the […]
113-207. Taking shellfish from certain areas forbidden; penalty. (a), (b) Repealed by Session Laws 2009-433, s. 7, effective August 7, 2009. (c) It is unlawful for any person to take shellfish within 150 feet of any part of a publicly owned pier beneath which the Division of Marine Fisheries has deposited cultch material. (d) A […]
113-208. Protection of private shellfish rights. (a) It is unlawful for any person, other than the holder of private shellfish rights, to take or attempt to take shellfish from any privately leased, franchised, or deeded shellfish bottom area without written authorization of the holder and with actual knowledge it is a private shellfish bottom area. […]
113-209. Taking polluted shellfish at night or with prior conviction forbidden; penalty. (a) It is unlawful for any person between sunset and sunrise to willfully take or attempt to take shellfish from areas closed to harvest by statute, rule, or proclamation because of suspected pollution. (b) It is unlawful for any person to willfully possess, […]
113-210. Under Dock Oyster Culture. (a) Under Dock Oyster Culture Permit. – An Under Dock Oyster Culture Permit authorizes the holder of the permit to attach up to 90 square feet of oyster cultivation containers to a dock or pier owned by the permit holder. (b) Application. – The owner of a dock or pier […]
113-211. Shellfish Growers Loan Program. (a) Definitions. – For purposes of this section, the following definitions apply: (1) Department. – The Department of Commerce. (2) Governmental crop insurance. – Insurance coverage through the United States Department of Agriculture Noninsured Crop Disaster Assistance Program. (3) Prime rate. – The interest rate that a commercial bank holds […]
