§ 113-210. Under Dock Oyster Culture.
§ 113‑210. Under DockOyster Culture.
(a) Under Dock OysterCulture Permit. An Under Dock Oyster Culture Permit authorizes the holder ofthe permit to attach up to 90 square feet of oyster cultivation containers to adock or pier owned by the permit holder.
(b) Application. Theowner of a dock or pier who wishes to obtain an Under Dock Oyster CulturePermit shall apply to the Director of the Division of Marine Fisheries.
(c) Issuance. TheDirector of the Division of Marine Fisheries shall issue an Under Dock OysterCulture Permit only if the Director determines all of the following:
(1) That the dock orpier is not located in an area that the State Health Director has recommendedbe closed to shellfish harvest due to pollution or that has been closed toharvest by statute, rule, or proclamation due to suspected pollution.
(2) That the owner ofthe dock or pier has satisfied the training requirements established by theMarine Fisheries Commission pursuant to subsection (j) of this section.
(3) That the attachmentof the oyster cultivation containers to the dock or pier will be compatiblewith all lawful uses by the public of other marine and estuarine resources.Other lawful public uses include, but are not limited to, navigation, fishing,and recreation.
(d) Duration. AnUnder Dock Oyster Culture Permit is valid for a one‑year period from thedate of issuance.
(e) Renewal. TheDirector of the Division of Marine Fisheries shall renew an Under Dock OysterCulture Permit only if the Director determines the requirements of subsection(c) of this section continue to be satisfied and the holder of the permit isattempting to utilize the permit to cultivate oysters on a continuing basis.
(f) ReportingRequirements. The holder of an Under Dock Oyster Culture Permit shall complywith the biological data sampling and survey programs of the Marine FisheriesCommission and the Division of Marine Fisheries.
(g) Posting of Signs. The holder of an Under Dock Oyster Culture Permit shall post signs thatindicate the presence of the oyster cultivation containers and that the oystercultivation containers and their contents are private property.
(h) Sale of OystersProhibited. It is unlawful for the holder of an Under Dock Oyster CulturePermit to sell oysters cultivated pursuant to the permit.
(i) Assignment andTransfer Prohibited. An Under Dock Oyster Culture Permit is not assignable ortransferable.
(j) Oyster CultivationTraining Requirements. The Marine Fisheries Commission, in consultation withthe Sea Grant College Program at The University of North Carolina, shalldevelop and adopt rules for the training of individuals who cultivate oysterspursuant to this section.
(k) Revocation ofPermit. If the Director of the Division of Marine Fisheries determines thatthe holder of an Under Dock Oyster Culture Permit has failed to comply with anyprovision of this section, the Director shall revoke the Permit. The owner ofthe dock or pier shall remove the oyster cultivation containers that wereauthorized by the revoked permit within 15 days of revocation. (2004‑124, s. 12.7B.)