Bill Summary for S 573 (2015-2016)

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Summary date: 

May 20 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 573 (Public) Filed Thursday, March 26, 2015
AN ACT TO ENCOURAGE AND PROMOTE THE AQUACULTURE AND OYSTER CULTIVATION INDUSTRIES.
Intro. by Cook, Tillman, Sanderson.

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Bill summary

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

Amends the long title.

Amends the definition for water column found in GS 113-201.1(5), making a technical correction. Effective July 1, 2015.

Amends GS 113-202 concerning the application process for a shellfish cultivation lease, providing that location information required by the application can be based on coordinate information from a device equipped to receive global positioning system data. Also sets the application fee for lease renewal at $50 (was, $100) and provides that the rental for initial leases is fifty cents per acre until the first day of July following the first anniversary of the lease, at which time it increases to $5 per acre (previously leases were $10 per acre per year for leases entered into after July 1, 1965). Makes conforming changes. Adds new subsection (r) providing that the specified lease includes the right to place devices or equipment related to the cultivation of marine resources on or within 18 inches of the leased bottom. Sets out when a water column lease would be required for devices or equipment. Effective July 1, 2015.

Amends GS 113-202.1 concerning water column leases for aquaculture, providing that shellfish cultivation leases can only be  amended to allow the use of devices or equipment not resting on the bottom or that extend more than 18 inches above the bottom when certain specified criteria are met, including the submittal of an application with a nonrefundable $50 application fee (previously application fee was $100). Provides that the annual rental fee for a new or renewal water column amendment is $50 (was, $100 an acre).  Effective July 1, 2015.

Deletes the following provisions from the previous edition: changes made to GS 106-758 (definitions for use in the Aquaculture Development Act); changes made to GS 106-761 (Aquaculture facility registration and licensing); proposed GS Chapter 113, Article 16A (Leasing of Bottom Land and Waters of the State for Marine Aquaculture); and changes made to GS 113-134.1 (Jurisdiction over marine fisheries resources in Atlantic Ocean).

Amends Section 44 of SL 2014-120, concerning the Senator Jean Preston Marine Oyster Sanctuary, adding a new component to the plan to construct and manage additional oyster habitat that provides that the plan cannot provide funding or resources to water bodies where a moratorium or other legal prohibition on shellfish leasing as specified is in effect. 

Directs the Division of Marine Fisheries and the Division of Coastal Management to create a new permitting process for oyster restoration projects, with a required report to be submitted to the Environmental Review Commission no later than May 1, 2016. 

Directs the Coastal Resources Commission and the Department of Environment and Natural Resources to implement 15A NCAC 03O .0503(g) (Scientific or Educational Activity Permit rule) until the required, substantively identical revised permanent rule as provided can be adopted, to allow issuance of a scientific or educational activity permit for approved activities conducted by or under the direction of a nongovernmental conservation organization as well as a scientific or educational institution. 

Amends GS 113-169.2, Shellfish license for North Carolina residents without a Standard Commercial Fishing License (SCFL), to allow individuals that work for a shellfish leaseholder with a valid SCFL to take shellfish from the leased cultivation area without personally holding a SCFL. Makes technical and conforming changes.