Bill Summary for H 361 (2017-2018)

Printer-friendly: Click to view

Summary date: 

Jun 15 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 361 (Public) Filed Wednesday, March 15, 2017
Intro. by Shepard, McElraft, White, Strickland.

View: All Summaries for BillTracking:

Bill summary

Conference report makes the following changes to the 2nd edition.

Amends GS 113-202 by deleting the language that set a natural shellfish bed as an area containing at least 10 bushels of shellfish per acre that does not include a previously leased area terminated by the Secretary of Environmental Quality (Secretary) for failure to meet the requirements of this section within the 12 months directly preceding the date of the lease application. Amends the limits on shellfish cultivation leases to set the following limits on coastal fishing waters that are (1) designated as a Shellfish Best Use Area and (2) located north of Core 36 Sound, the limit is 200 acres; (2) with respect to all other coastal fishing waters, the limit is 50 acres. Amends the procedure for contesting a lease application decision to specify that a determination of the appropriateness of a contested case is to be made by the Shellfish Cultivation Lease Review Committee and extends the time frame for the determination from 30 to 90 days. Amends subsection (t) by deleting the definition of resident and instead adding that the Secretary conduct preliminary site assessment and public scoping activities in order to designate Shellfish Best Use Areas in coastal fishing waters north of Core Sound. Allows the Secretary, before designating a Shellfish Best Use Area, to gather information needed to determine suitable coastal fishing waters for a Shellfish Best Use Area. Requires the Secretary to post the Shellfish Best Use Areas on the Division of Marine Fisheries' website. 

Amends GS 113-201.1 by amending the definition of natural shellfish bed to define it in the same way as previously proposed in GS 113-202.

Amends GS 113-130 by amending the definition of resident to require corporations to be chartered under the laws of this state and to require partnerships to have all partners residing in the state.

Amends GS 113-201.1 by adding and defining shellfish best use area as an area designated by the Secretary based on a finding that the area is compatible with larger acreage shellfish aquaculture leasing.

Amends the moratoriums on shellfish leasing in the New Hanover County and Bogue Sound areas by adding that a new shellfish cultivation lease or water column lease includes applications for either type of lease received by the Secretary, but not granted as of July 1, 2018.

Deletes proposed changes to SL 2017-57, Section 13.13, concerning the development of plans and recommendations for economic development related to promotion of the state's shellfish harvesting heritage.