§ 113-201. Legislative findings and declaration of policy; authority of Marine Fisheries Commission.
Article 16.
Cultivation of Shellfish.
§ 113‑201. Legislativefindings and declaration of policy; authority of Marine Fisheries Commission.
(a) The GeneralAssembly finds that shellfish cultivation provides increased seafood productionand long‑term economic and employment opportunities. The General Assemblyalso finds that shellfish cultivation provides increased ecological benefits tothe estuarine environment by promoting natural water filtration and increasedfishery habitats. The General Assembly declares that it is the policy of theState to encourage the development of private, commercial shellfish cultivationin ways that are compatible with other public uses of marine and estuarineresources such as navigation, fishing, and recreation.
(b) The MarineFisheries Commission is empowered to make rules and take all steps necessary todevelop and improve the cultivation, harvesting, and marketing of shellfish inNorth Carolina both from public grounds and private beds. In order to assurethe public that some waters will remain open and free from shellfishcultivation activities, the Marine Fisheries Commission may limit the number ofacres in any area that may be granted as shellfish cultivation leases.
(c) The MarineFisheries Commission shall adopt rules to establish training requirements forpersons applying for new shellfish cultivation leases and for persons acquiringshellfish cultivation leases by lawful transfer. These training requirementsshall be designed to encourage the productive use of shellfish cultivationleases. Training requirements established pursuant to this subsection shall notapply to either:
(1) An applicant whoapplies for a new shellfish cultivation lease if, at the time of theapplication, the applicant holds one or more shellfish cultivation leases andall of the leases meet the shellfish production requirements established by theMarine Fisheries Commission.
(2) A person whoreceives a shellfish cultivation lease by lawful transfer if, at the time ofthe transfer, the person holds one or more shellfish cultivation leases and allof the leases meet the shellfish production requirements established by theMarine Fisheries Commission. (1921, c. 132, s. 1; C.S., s. 1959(a); 1965, c. 957,s. 2; 1973, c. 1262, s. 28; 1983, c. 621, s. 2; 1987, c. 827, s. 98; 2004‑150,s. 1; 2009‑433, s. 3.)