Bill Summary for S 410 (2017-2018)
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View NCGA Bill Details | 2017-2018 Session |
AN ACT TO ESTABLISH A PROGRAM FOR THE LEASING OF PUBLIC BOTTOM AND SUPERJACENT WATER COLUMN FOR MARINE AQUACULTURE, TO REQUIRE THE DIVISION OF MARINE FISHERIES OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO REQUEST THE ISSUANCE OF FEDERAL RULES TO ALLOW MARINE AQUACULTURE IN FEDERAL WATERS OFF THE COAST OF THE STATE, AND TO ESTABLISH ADDITIONAL TRANSPARENCY REQUIREMENTS FOR MEMBERS OF THE MARINE FISHERIES COMMISSION.Intro. by Cook, Sanderson, Tillman.
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Bill summary
Senate committee substitute makes the following changes to the 2nd edition.
Amends the long title.
Amends the title of proposed GS Chapter 113, Article 16B, to read Marine Aquaculture. Recodifies proposed Article to be GS Chapter 113, Article 16A.
Enacts new GS 113-215 (Definitions), defining marine aquaculture, marine aquaculture lease, and marine aquatic species. Recodifies proposed GS 113-215 (Legislative findings and declaration of policy) is recodified as GS 113-216.
Deletes proposed GS 113-217 (Lease of superadjacent water column for marine aquaculture). Recodifies proposed GS 113-216 (New leases for marine aquaculture) as GS 113-217. Amends GS 113-217 as follows. Amends the Secretary's authority under this statute to grant marine aquaculture leases, deleting the text specifying that the leases are of the public bottom, and the text requiring the leases be granted to persons residing in North Carolina. Rephrases the purpose of the authority as promoting marine aquaculture (was, marine aquaculture operations). Amends the minimum standards for determining suitable areas for marine aquaculture, adding five additional standards, including that aquaculture use of the leased area must not significantly impair navigation. Prohibits a person, corporate entity, or single family unit from acquiring and holding by lease, lease renewal, or purchase more than 1,500 acres under marine aquaculture leases. Prohibits individual leases from exceeding 100 acres. Clarifies that the area proposed to be leased (was, the area of bottom applied for under this statute must be as compact as possible. Raises the rental for initial and renewed leases from $10 per acre per year to $210 per acre per year. Deletes the requirement that the Secretary initiate proceedings to terminate a lease transferred to a non-State resident. Amends the list of occurrences requiring the Secretary to initiate proceedings to terminate the lease to delete two occurrences, including substantial breach of compliance with the provisions of proposed GS Chapter 113, Article 16A, or of other listed terms and requirements. Clarifies that the area thrown open to the public for use upon final termination of a leasehold is the leased area (was, the bottom in question). Requires the former leaseholder to remove all abandoned markers denominating the area of the leasehold (was, denominating the area of the leasehold as a private bottom). Makes organizational and conforming changes.
Makes a technical change to proposed GS 113-218 (Protection of private marine aquaculture rights), deleting a caption.
Amends GS 143B-289.54. Provides that routine electronic communication sent from Division of Marine Fisheries staff to all Marine Fisheries Commission members is not considered an official meeting. Provides that proposed subsection (m), regarding transparency, does not limit or eliminate any privilege existing at common law or under statute.