GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2001

SESSION LAW 2002-15

HOUSE BILL 1557

AN ACT to extend the moratorium on issuing new shellfish Cultivation leases in core sound and to direct the joint legislative commission on seafood and aquaculture to study various marine fisheries issues, as recommended by the joint legislative commission on seafood and aquaculture.

The General Assembly of North Carolina enacts:

SECTION 1.  Section 3 of Chapter 547 of the 1995 Session Laws, Regular Session 1996, as amended by subsection (b) of Section 1 of Chapter 633 of the 1995 Session Laws, Regular Session 1996; Section 27.33 of Chapter 18 of the 1996 Session Laws, Second Extra Session; Section 12 of S.L. 1997-256; Section 8 of S.L. 1997-347; Section 6.14 of S.L. 1997-400; Section 15 of S.L. 1998-23; Section 1 of S.L. 1998-56; Section 1 of S.L. 1999-209; and Section 4 of S.L. 2001-213, reads as rewritten:

"Sec. 3. Notwithstanding G.S. 113-202, a moratorium on new shellfish cultivation leases shall be imposed in the remaining area of Core Sound not described in Section 1 of this act. During the moratorium, a comprehensive study of the shellfish lease program shall be conducted. The moratorium established under this section covers that part of Core Sound bounded by a line beginning at a point on Cedar Island at 35°00'39"N - 76°17'48"W, thence 109°(M) to a point in Core Sound 35°00'00"N - 76°12'42"W, thence 229°(M) to Marker No. 37 located 0.9 miles off Bells Point at 34°43'30"N - 76°29'00"W, thence 207°(M) to the Cape Lookout Lighthouse at 34°37'24"N - 76°31'30"W, thence 12°(M) to a point at Marshallberg at 34°43'07"N - 76°31'12"W, thence following the shoreline in a northerly direction to the point of beginning except that the highway bridges at Salters Creek, Thorofare Bay, and the Rumley Bay ditch shall be considered shoreline. The moratorium shall expire October 1, 2002.July 1, 2003."

SECTION 2.  The Joint Legislative Commission on Seafood and Aquaculture shall review the statutory changes recommended by the Marine Fisheries Commission in the August 2001, Hard Clam Fishery Management Plan and the August 2001, Oyster Fishery Management Plan.  The Joint Legislative Commission on Seafood and Aquaculture shall report its findings and recommendations, if any, including any legislative proposals, to the 2003 General Assembly.

SECTION 3.  The Joint Legislative Commission on Seafood and Aquaculture shall review recommendations of the Marine Fisheries Commission regarding the moratorium on issuing new shellfish cultivation leases in Core Sound and the shellfish cultivation program.  The Joint Legislative Commission on Seafood and Aquaculture shall report its findings and recommendations, if any, including any legislative proposals, to the 2003 General Assembly.

SECTION 4.  The Joint Legislative Commission on Seafood and Aquaculture shall study the process by which the Department of Health and Human Services develops and issues fish consumption advisories.  The Joint Legislative Commission on Seafood and Aquaculture shall report its findings and recommendations, if any, including any legislative proposals, to the 2003 General Assembly.

SECTION 5.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 8^th day of July, 2002.

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

                                                                    s/ James B. Black

                                                                         Speaker of the House of Representatives

                                                                    s/ Michael F. Easley

                                                                         Governor

Approved 3:28 p.m. this 11^th day of July, 2002