Senate committee substitute makes the following changes to the 1st edition.

Deletes proposed GS Chapter 113, Article 16A (Marine Aquaculture).

Amends proposed GS 113-216 (New leases for marine aquaculture) to delete the requirement that a person obtain a Marine Aquaculture Propagation and Production Facility License for the Secretary of Environmental Quality (Secretary) to grant that person a marine aquaculture lease for the public bottom. Amends the standards for determining areas suitable for marine aquaculture by requiring the leased area to not contain a natural commercially significant shellfish bed (currently, may not contain a natural shellfish bed), and requiring the marine aquaculture to not unreasonably interfere with lawful utilization of other resources or the rights of riparian owners (currently, must be compatible with lawful utilization, and may not impinge on rights of riparian owners), and adds a new requirement that the marine aquaculture operation would not unreasonably interfere with public access and use of waters of the state, taking into account the potential economic impact of the operation. Deletes the prohibition on the Secretary granting new leases in areas heavily used for recreational purposes. Directs the Secretary to enter into a memoranda of agreement with the US Army Corps of Engineers or other agency to provide appropriate standards and markings for marine aquaculture structures to avoid impairment of navigation. Deletes the requirement that the Secretary's investigation of the bottom proposed to be leased consider the terms of the Marine Aquaculture Propagation and Production Facility License issued by the Department of Agriculture and Consumer Services. Requires the Secretary to notify the applicant of an intended action on a lease application within 60 days (currently, within a reasonable time). Amends the list of circumstances requiring the secretary to commence termination of a lease to exclude suspension of marine aquaculture activities as part of a disease control or biosecurity plan from the types of failure to utilize the leasehold that would result in a termination.

Amends proposed GS 113-217 (Lease of superjacent water column for marine aquaculture). Amends the standards for determining suitable areas for water column use to require significant levels of fishing or hunting activities for those activities to disqualify the water column from lease (currently, does not specify the amount of activity that disqualifies the water column from lease).

Enacts new GS 113-218 (Protection of private marine aquaculture rights). Prohibits persons who are not the holder of a lease under GS Chapter 113, Article 16B, from taking or attempting to take marine species being produced under the license and associated lease from any privately leased, franchised, or deeded marine aquaculture operation without authorization of the holder and with actual knowledge that it is a leased area. Creates a presumption of actual knowledge in circumstances where the area is posted and identified, as specified. Violation is a Class A1 misdemeanor, with a fine of up to $5,000. Provides requirements for the contents of a written authorization.

Amends GS 143B-289.54 (regarding the Marine Fisheries Commission). Directs the Commission to establish official email accounts for all Commission members, to be used for Commission communication, communications to and from which are considered public records. Provides that electronic communications among a majority of the Commission is considered on official meeting. Failure to comply is subject to investigation by the State Ethics Commission as unethical conduct, and removal as misfeasance.

Amends the act's title.