GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
RATIFIED BILL
CHAPTER 466
Section 1. G.S. 113-202 reads as rewritten:
"§ 113-202. New and renewal leases for shellfish cultivation; termination of leases issued prior to January 1, 1966.
(a) To increase the use of suitable areas underlying
coastal fishing waters for the production of shellfish, the Marine Fisheries
Commission Secretary may grant shellfish cultivation leases to
persons who reside in North Carolina under the terms of this section when it
determines the Secretary determines, in accordance with his duty to
conserve the marine and estuarine resources of the State, that the public
interest will benefit from issuance of the lease. Suitable areas for the
production of shellfish shall meet the following minimum standards:
(1) The area leased must be suitable for the cultivation and harvesting of shellfish in commercial quantities.
(2) The area leased must not contain a natural shellfish bed.
(3) Cultivation of shellfish in the leased area will be compatible with lawful utilization by the public of other marine and estuarine resources. Other public uses which may be considered include, but are not limited to, navigation, fishing and recreation.
(4) Cultivation of shellfish in the leased area will not impinge upon the rights of riparian owners.
(5) The area leased must not include an area designated for inclusion in the Department's Shellfish Management Program.
(6) The area leased must not include an area which the State Health Director has recommended be closed to shellfish harvest by reason of pollution.
(b) The Marine Fisheries Commission Secretary
may delete any part of an area proposed for lease or may condition a lease
to protect the public interest with respect to the factors enumerated in
subsection (a) of this section. The Marine Fisheries Commission Secretary
may not grant a new lease in an area heavily used for recreational
purposes.
(c) No person, including a corporate entity, or single family unit may acquire and hold by lease, lease renewal, or purchase more than 50 acres of public bottoms under shellfish cultivation leases.
(d) Any person desiring to apply for a lease must make written application to the Secretary on forms prepared by the Department containing such information as deemed necessary to determine the desirability of granting or not granting the lease requested. Except in the case of renewal leases, the application must be accompanied by a map or diagram made at the expense of the applicant, showing the area proposed to be leased.
The map or diagram must conform to standards prescribed by
the Secretary concerning accuracy of map or diagram and the amount of detail
that must be shown. If on the basis of the application information and map or
diagram the Secretary deems that granting the lease would benefit the shellfish
culture of North Carolina, the Secretary, in the case of initial lease
applications, must order an investigation of the bottom proposed to be leased.
The investigation is to be made by the Secretary or his authorized agent to
determine whether the area proposed to be leased is consistent with the
standards in subsection(a) and any other applicable standards under this
Article and the rules of the Marine Fisheries Commission. In the event the
Secretary finds the application inconsistent with the applicable standards, the
Secretary shall recommend that the application be denied deny the
application or propose that a conditional lease be issued which that
is consistent with the applicable standards. In the event the Secretary
authorizes amendment of the application, the applicant must furnish a new map
or diagram meeting requisite standards showing the area proposed to be leased
under the amended application. At the time of making application for an
initial lease, the applicant must pay a filing fee of one hundred dollars
($100.00).
(e) The area of bottom applied for in the case of an initial lease or amended initial lease must be as compact as possible, taking into consideration the shape of the body of water, the consistency of the bottom, and the desirability of separating the boundaries of a leasehold by a sufficient distance from any known natural shellfish bed to prevent the likelihood of disputes arising between the leaseholder and members of the public taking shellfish from the natural bed.
(f) Within a reasonable time after receipt of an
application that complies with subsection (d), the Secretary shall notify the
applicant whether he recommends approval, disapproval, or modification of
the intended action on the lease application. In the event the
Secretary recommends approval or If the intended action is approval of
the application as submitted or approval with a modification to which the
applicant agrees, the Secretary shall conduct a public hearing in the county
where the proposed leasehold lies. The Secretary must publish at least two
notices of the intention to lease in a newspaper of general circulation in the
county in which the proposed leasehold lies. The first publication must
precede the public hearing by more than 20 days; the second publication must
follow the first by seven to 11 days. The notice of intention to lease must
contain a sufficient description of the area of the proposed leasehold that its
boundaries may be established with reasonable ease and certainty and must also
contain the date, hour and place of the hearing. The Secretary's
recommendation of disapproval shall become the final agency decision of the
application unless the applicant requests in writing within 20 days of notice
of such action an administrative hearing before the Marine Fisheries
Commission.
(g) Protests to the granting of a proposed lease
shall be made either in writing under oath prior to the public hearing held by
the Secretary or by testimony under oath during the public hearing. After
consideration of the protests public comment received and any
additional investigations he the Secretary orders to evaluate the
protests, comments, the Secretary shall send to notify the
applicant and protesting parties in person or by certified or
registered mail of his final recommendation the decision on
the lease application. The Secretary shall also notify persons who
submitted comments at the public hearing and requested notice of the lease
decision. An applicant who is dissatisfied with the Secretary's decision or
another person aggrieved by the decision may commence a contested case by
filing a petition under G.S. 150B-23 within 20 days after receiving notice of
the Secretary's decision. In the event the Secretary's final
recommendation decision is a modification to which the applicant
agrees, the lease applicant must furnish an amended map or diagram before the Secretary's
final recommendation can be presented to the Marine Fisheries Commission. lease
can be issued by the Secretary. In the event the Secretary's final
recommendation is inconsistent with a protest, the person filing the protest
may request in writing within 20 days of notice of such action an
administrative hearing before the Marine Fisheries Commission. The Secretary's
final recommendation of disapproval shall become the final agency decision of
the application unless the applicant requests in writing within 20 days of
notice of such action an administrative hearing before the Marine Fisheries Commission.
The Secretary shall make the final agency decision in a contested case.
(h) The Secretary shall present all lease
applications recommended for approval to the Marine Fisheries Commission for
final determination. In addition to his final recommendation, the Secretary
shall present the official record of the application as developed pursuant to
the requirements of this action. The applicants and persons who protested the
application shall be given an opportunity to present oral and written arguments
based on the official record. Unless the Marine Fisheries Commission, in its
discretion, refers the matter for an administrative hearing, the Marine
Fisheries Commission shall determine all lease applications presented by the
Secretary during the public meetings when the matter is presented. The Marine
Fisheries Commission, Secretary, in its his discretion, may lease or decline to
lease public bottoms in accordance with its his duty to conserve the marine and
estuarine resources of the State.
More than 20 days prior to an administrative hearing
conducted pursuant to this section, the Secretary must publish notice of the
hearing in a newspaper of general circulation in the county where the proposed
leasehold lies. The hearing shall be conducted in the county where the proposed
leasehold lies. Protests to the granting of the proposed lease may be made
during the administrative hearing by parties to the hearing, intervening
parties, and witnesses for parties. When administrative hearings have been
conducted pursuant to this section, the Marine Fisheries Commission shall
determine the lease applications during the public meeting when the proposal
for decision is presented by the hearing officer(s).
(i) After a lease application is approved by the Marine
Fisheries Commission, Secretary, the applicant shall submit to the
Secretary a survey of the area approved for leasing and define the bounds of
the area approved for leasing with markers in accordance with the rules of the
Commission. The survey shall conform to standards prescribed by the Secretary
concerning accuracy of survey and the amount of detail to be shown. When an
acceptable survey is submitted, the boundaries are marked and all fees and
rents due in advance are paid, the Secretary shall execute the lease on forms
approved by the Attorney General. If the applicant and the Secretary are
unable to agree that the area approved for lease is that shown in the survey,
the Secretary shall report the matter with reasonable dispatch to the Marine
Fisheries Commission for resolution. The Secretary is authorized, with the
approval of the lessee, to amend an existing lease by reducing the area under
lease or by combining contiguous leases without increasing the total area
leased.
(j) Initial leases begin upon the issuance of the lease by the Secretary and expire at noon on the first day of April following the tenth anniversary of the granting of the lease. Renewal leases are issued for a period of 10 years effective from the time of expiration of the previous lease. At the time of making application for renewal of a lease, the applicant must pay a filing fee of fifty dollars ($50.00). The rental for initial leases is one dollar ($1.00) per acre for all leases entered into before July 1, 1965, and for all other leases until noon on the first day of April following the first anniversary of the lease. Thereafter, for initial leases entered into after July 1, 1965, and from the beginning for renewals of leases entered into after said date, the rental is five dollars ($5.00) per acre per year. Rental must be paid annually in advance prior to the first day of April each year. Upon initial granting of a lease, the pro rata amount for the portion of the year left until the first day of April must be paid in advance at the rate of one dollar ($1.00) per acre per year; then, on or before the first day of April next, the lessee must pay the rental for the next full year.
(k) Except as restricted by this Subchapter, leaseholds granted under this section are to be treated as if they were real property and are subject to all laws relating to taxation, sale, devise, inheritance, gift, seizure and sale under execution or other legal process, and the like. Leases properly acknowledged and probated are eligible for recordation in the same manner as instruments conveying an estate in real property. Within 30 days after transfer of beneficial ownership of all or any portion of or interest in a leasehold to another, the new owner must notify the Secretary of such fact. Such transfer is not valid until notice is furnished the Secretary. In the event such transferee is a nonresident, the Secretary must initiate proceedings to terminate the lease.
(l) Upon receipt of notice by the Secretary of any of the following occurrences, he must commence action to terminate the leasehold:
(1) Failure to pay the annual rent in advance.
(2) Failure to file information required by the Secretary upon annual remittance of rental or filing false information on the form required to accompany the annual remittance of rental.
(3) Failure by new owner to report a transfer of beneficial ownership of all or any portion of or interest in the leasehold.
(4) Failure to mark the boundaries in the leasehold and to keep them marked as required in the rules of the Marine Fisheries Commission.
(5) Failure to utilize the leasehold on a continuing basis for the commercial production of shellfish.
(6) Transfer of all or part of the beneficial ownership of a leasehold to a nonresident.
(7) Substantial breach of compliance with the provisions of this Article or of rules of the Marine Fisheries Commission governing use of the leasehold.
The Marine Fisheries Commission is authorized to make rules defining commercial production of shellfish, based upon the productive potential of particular areas climatic or biological conditions at particular areas or particular times, availability of seed shellfish, availability for purchase by lessees of shells or other material to which oyster spat may attach, and the like. Commercial production may be defined in terms of planting effort made as well as in terms of quantities of shellfish harvested. Provided, however, that if a lessee has made a diligent effort to effectively and efficiently manage his lease according to accepted standards and practices in such management, and because of reasons beyond his control, such as acts of God, such lessee has not and cannot meet the requirements set out by the Marine Fisheries Commission under the provisions of this paragraph of this subsection, his leasehold shall not be terminated under subdivision (5) of this subsection.
(m) In the event the leaseholder takes steps within 30
days to remedy the situation upon which the notice of intention to terminate
was based and the Secretary is satisfied that continuation of the lease is in
the best interests of the shellfish culture of the State, the Secretary may
discontinue termination procedures. Where there is no discontinuance of
termination procedures, the leaseholder may appeal to the Marine Fisheries
Commission. initiate a contested case by filing a petition under G.S.
150B-23 within 30 days of receipt of notice of intention to terminate. The
Secretary shall make the final agency decision of all lease terminations. Where
there is no appeal, or where an appeal does not prevail, the
leaseholder does not initiate a contested case, or the Secretary's final
decision upholds termination, the Secretary must send a final letter of
termination to the leaseholder. The final letter of termination may not be
mailed sooner than 30 days after receipt by the leaseholder of the Secretary's
notice of intention to terminate. terminate, or of the Secretary's
final agency decision, as appropriate. The lease is terminated effective
at midnight on the day the final notice of termination is served on the
leaseholder. The final notice of termination may not be issued pending hearing
of any appeal by the Marine Fisheries Commission. a contested case
initiated by the leaseholder.
Service of any notice required in this subsection may be accomplished by certified mail, return receipt requested; personal service by any law-enforcement officer; or upon the failure of these two methods, publication. Service by publication shall be accomplished by publishing such notices in a newspaper of general circulation within the county where the lease is located for at least once a week for three successive weeks. The format for notice by publication shall be approved by the Attorney General.
(n) Upon final termination of any leasehold, the bottom in question is thrown open to the public for use in accordance with laws and rules governing use of public grounds generally. Within 30 days of final termination of the leasehold, the former leaseholder shall remove all abandoned markers denominating the area of the leasehold as a private bottom. The State may, after 10 days' notice to the owner of the abandoned markers thereof, remove the abandoned structure and have the area cleaned up. The cost of such removal and cleanup shall be payable by the owner of the abandoned markers and the State may bring suit to recover the costs thereof.
(o) Every year between January 1 and February 15 the Secretary must mail to all leaseholders a notice of the annual rental due and include forms designed by him for determining the amount of shellfish or shells planted on the leasehold during the preceding calendar year, and the amount of harvest gathered. Such forms may contain other pertinent questions relating to the utilization of the leasehold in the best interests of the shellfish culture of the State, and must be executed and returned by the leaseholder with the payment of his rental. Any leaseholder or his agent executing such forms for him who knowingly makes a false statement on such forms is guilty of a misdemeanor punishable in the discretion of the court.
(p) All leases and renewal leases granted after the
effective date of this Article are made subject to this Article and to
reasonable amendment of governing statutes, rules of the Marine Fisheries
Commission, and requirements imposed by the Secretary or his agents in
regulating the use of the leasehold or in processing applications of rentals.
This includes such statutory increase in rentals as may be necessitated by
changing conditions and refusal to renew lease after expiration, in the
discretion of the Marine Fisheries Commission. Secretary. No
increase in rentals, however, may be given retroactive effect.
The General Assembly declares it to be contrary to public
policy to the oyster and clam bottoms which were leased prior to January 1,
1966, and which are not being used to produce oysters and clams in commercial
quantities to continue to be held by private individuals, thus depriving the
public of a resource which belongs to all the people of the State. Therefore,
when the Secretary determines, after due notice to the lessee, and after
opportunity for the lessee to be heard, that oysters or clams are not being
produced in commercial quantities, due to the lessee's failure to make diligent
effort to produce oysters and clams in commercial quantities, the Secretary may
decline to renew, at the end of the current term, any oyster or clam bottom
lease which was executed prior to January 1, 1966. The lessee may appeal the
denial of the Secretary to renew the lease to the Marine Fisheries
Commission in which event the lessee shall be granted an opportunity to be
heard, de novo, by the Marine Fisheries Commission and by
initiating a contested case pursuant to G.S. 150B-23. In such contested cases,
the burden of proof, by the greater weight of the evidence, shall be on the
lessee. The Marine Fisheries Commission, by majority vote, may affirm or
reverse the action of the Secretary. No appeal shall be allowed from the action
of the Marine Fisheries Commission.
(q) Repealed by Session Laws 1983, c. 621, s. 16, effective July 1, 1983."
Sec. 2. G.S. 113-202.1, as amended by Chapter 322 of the 1993 Session Laws, reads as rewritten:
"§ 113-202.1. Water column leases for aquaculture.
(a) To increase the productivity of leases for
shellfish culture issued under G.S. 113-202, the Marine Fisheries Commission
Secretary may amend shellfish cultivation leases to authorize use of
the water column superjacent to the leased bottom under the terms of this
section when it he determines the public interest will benefit
from amendment of the leases. Leases with water column amendments must produce
shellfish in commercial quantities at four times the minimum production rate of
leases issued under G.S. 113-202, or any higher quantity required by the Marine
Fisheries Commission through duly adopted rules.
(b) Suitable areas for the authorization of water column use shall meet the following minimum standards:
(1) Aquaculture use of the leased area must not significantly impair navigation;
(2) The leased area must not be within a navigation channel marked or maintained by a state or federal agency;
(3) The leased area must not be within an area traditionally used and available for fishing or hunting activities incompatible with the activities proposed by the leaseholder, such as trawling or seining;
(4) Aquaculture use of the leased area must not significantly interfere with the exercise of riparian rights by adjacent property owners including access to navigation channels from piers or other means of access; and
(5) Any additional standards, established by the Commission in duly adopted rules, to protect the public interest in coastal fishing waters.
(c) The Commission Secretary shall not
amend shellfish cultivation leases to authorize use of the water column unless:
(1) The leaseholder submits an application, accompanied by a nonrefundable application fee of one hundred dollars ($100.00), which conforms to the standards for lease applications in G.S. 113-202(d) and the duly adopted rules of the Commission;
(2) The proposed amendment has been noticed consistent with G.S. 113-202(f);
(3) Public hearings have been conducted consistent with G.S. 113-202(g);
(4) The aspects of the proposals which require use and
dedication of the water column have been documented and are recognized by the Commission
Secretary as commercially feasible forms of aquaculture which will
enhance shellfish production on the leased area;
(5) It is not feasible to undertake the aquaculture activity outside of coastal fishing waters; and
(6) The authorized water column use has the least disruptive effect on other public trust uses of the waters of any available technology to produce the shellfish identified in the proposal.
(d) Amendments of shellfish cultivation leases to authorize use of the water column are issued for a period of five years or the remainder of the term of the lease, whichever is shorter. The annual rental for an initial water column amendment is one hundred dollars ($100.00) an acre for each of the first four years for which the amendment is issued and five hundred dollars ($500.00) an acre for the fifth year for which the amendment is issued. The annual rental for a renewed water column amendment is five hundred dollars ($500.00) an acre. If a year for which a water column amendment is issued is less than a 12-month period, the rental for that year shall be prorated based on the number of months in the year. The annual rental for an amendment is payable at the beginning of the year. The rental is in addition to that required in G.S. 113-202.
(e) Amendments of shellfish cultivation leases to authorize use of the water column are subject to termination in accordance with the procedures established in G.S. 113-202 for the termination of shellfish cultivation leases. Additionally, such amendments may be terminated for unauthorized or unlawful interference with the exercise of public trust rights by the leaseholder, agents and employees of the leaseholder.
(f) Amendments of shellfish cultivation leases to authorize
use of the water column are not transferrable except when the Commission Secretary
approves the transfer after public notice and hearing consistent with
subsection (c) of this section.
(g) After public notice and hearing consistent with
subsection (c) of this section, the Commission Secretary may
renew an amendment, in whole or in part, when the leaseholder has produced
commercial quantities of shellfish and has otherwise complied with the rules of
the Commission. Renewals may be denied or reduced in scope when the public
interest so requires. Appeal of renewal decisions shall be conducted in
accordance with G.S. 113-202(p). Renewals are subject to the lease terms and
rates established in subsection (d) of this section.
(h) The procedures and requirements of G.S. 113-202 shall apply to proposed amendments or amendments of shellfish cultivation leases considered under this section except more specific provisions of this section control conflicts between the two sections.
(i) To the extent required by demonstration or
research aquaculture development projects, the Commission Secretary may
amend existing leases and issue leases that authorize use of the bottom and the
water column. Demonstration or research aquaculture development projects may
be authorized for two years with no more than one renewal and when the project
is proposed or formally sponsored by an educational institution which conducts
research or demonstration of aquaculture. Production of shellfish with a sales
value in excess of one thousand dollars ($1,000) per acre per year shall
constitute commercial production. Demonstration or research aquaculture
development projects shall be exempt for the rental rate in subsection (d) of
this section unless commercial production occurs as a result of the
project."
Sec. 3. G.S. 113-202.2, as amended by Chapter 322 of the 1993 Session Laws, reads as rewritten:
"§ 113-202.2. Water column leases for aquaculture for perpetual franchises.
(a) To increase the productivity of shellfish grants
and perpetual franchises for shellfish culture recognized under G.S. 113-206,
the Marine Fisheries Commission Secretary may lease the water
column superjacent to such grants or perpetual franchises (hereinafter
'perpetual franchises') under the terms of this section when it determines the
public interest will benefit from the lease. Perpetual franchises with water
column leases must produce shellfish in commercial quantities at four times the
minimum production rate of leases issued under G.S. 113-202, or any higher
quantity required by the Marine Fisheries Commission by rule.
(b) Suitable areas for the authorization of water column use shall meet the following minimum standards:
(1) Aquaculture use of the leased water column area must not significantly impair navigation;
(2) The leased water column area must not be within a navigation channel marked or maintained by a State or federal agency;
(3) The leased water column area must not be within an area traditionally used and available for fishing or hunting activities incompatible with the activities proposed by the perpetual franchise holder, such as trawling or seining;
(4) Aquaculture use of the leased water column area must not significantly interfere with the exercise of riparian rights by adjacent property owners including access to navigation channels from piers or other means of access;
(5) The leased water column area may not exceed 10 acres for grants or perpetual franchises recognized pursuant to G.S. 113-206;
(6) The leased water column area must not extend more than one-third of the distance across any body of water or into the channel third of any body of water for grants or perpetual franchises recognized pursuant to G.S. 113-206; and
(7) Any additional rules to protect the public interest in coastal fishing waters adopted by the Commission.
(c) The Commission Secretary shall not
lease the water column superjacent to oyster or other shellfish grants or
perpetual franchises unless:
(1) The perpetual franchise holder submits an application, accompanied by a nonrefundable application fee of one hundred dollars ($100.00), which conforms to the standards for lease applications in G.S. 113-202(d) and rules adopted by the Commission;
(2) Notice of the proposed lease has been given consistent with G.S. 113-202(f);
(3) Public hearings have been conducted consistent with G.S. 113-202(g);
(4) The aspects of the proposals which require use and
dedication of the water column have been documented and are recognized by the Commission
Secretary as commercially feasible forms of aquaculture which will
enhance shellfish production;
(5) It is not feasible to undertake the aquaculture activity outside of coastal fishing waters; and
(6) The authorized water column use has the least disruptive effect on other public trust uses of the waters of any available technology to produce the shellfish identified in the proposal.
(d) Water column leases to perpetual franchises shall be issued for a period of five years and may be renewed pursuant to subsection (g) of this section. The rental for an initial water column lease issued under this section is the same as the rental set in G.S. 113-202.1 for an initial water column amendment issued under that section, and the rental for a renewed water column lease issued under this section is the same as the rental set in G.S. 113-202.1 for a renewed water column amendment issued under that section.
(e) Water column leases to perpetual franchises may be terminated for unauthorized or unlawful interference with the exercise of public trust rights by the leaseholder or his agents or employees.
(f) Water column leases to perpetual franchises are
not transferrable except when the Commission Secretary approves
the transfer after public notice and hearing consistent with G.S. 113-202(f)
and (g).
(g) After public notice and hearing consistent with
G.S. 113-202(f) and (g), the Commission Secretary may renew a
water column lease, in whole or in part, if the leaseholder has produced
commercial quantities of shellfish and has otherwise complied with this section
and the rules of the Commission. Renewals may be denied or reduced in scope
when the public interest so requires. Appeal of renewal decisions shall be
conducted in accordance with G.S. 113-202(p). Renewals are subject to the
lease terms and rates set out in subsection (d) of this section.
(h) The procedures and requirements of G.S. 113-202 shall apply to proposed water column leases or water column leases to perpetual franchises considered under this section except that more specific provisions of this section control conflicts between the two sections.
(i) Demonstration or research aquaculture development projects may be authorized for two years with no more than one renewal and when the project is proposed or formally sponsored by an educational institution which conducts aquaculture research or demonstration projects. Production of shellfish with a sales value in excess of one thousand dollars ($1,000) per acre per year shall constitute commercial production. Demonstration or research aquaculture development projects shall be exempt from the rental rate in subsection (d) of this section unless commercial production occurs as a result of the project."
Sec. 4. G.S. 113-154 reads as rewritten:
"§ 113-154. Oyster,
scallop and clam Shellfish and crab licenses.
(a) In addition to all other license requirements,
every individual engaged in taking oysters, scallops, or clams It is
unlawful for an individual to take shellfish or crabs from the public or
private grounds of North Carolina by mechanical means or for commercial
use by any means whatever must have without having first procured
an individual oyster, scallops, and clam shellfish and crab license.
(b) It is unlawful for any individual to take oysters,
scallops, or clams shellfish or crabs for commercial use from the
public or private grounds of North Carolina without having ready at hand for
inspection a current and valid oyster, scallop, and clam shellfish
and crab license issued to him personally and bearing his correct name and
address. It is unlawful for any such individual taking or possessing freshly
taken oysters, scallops, or clams shellfish or crabs to refuse to
exhibit his license upon the request of an officer authorized to enforce the
fishing laws.
(c) Oyster, scallop, and clam Shellfish and
crab licenses are issued annually on a fiscal year basis upon payment of a
fee of four dollars ($4.00) fifteen dollars ($15.00) upon proof
that the license applicant is a resident of North Carolina: Provided, that
persons under 16 years of age are exempt from the license requirements of this
section if they are accompanied by their parent or guardian who is in
compliance with the requirements of this section or if they have in their
possession their parent's or guardian's oyster, scallop, and clam shellfish
and crab license. Notwithstanding G.S. 113-130, for purposes of this
subsection, a North Carolina resident means a person that has resided in North
Carolina for six months immediately preceding the application for the shellfish
and crab license.
(d) In the event an individual possessing an oyster,
scallop, and clam a shellfish and crab license changes his name or
address or receives one erroneous in this respect, he must within 30 days
surrender the license for one bearing the correct name and address. An
individual prosecuted for failure to possess a valid license is exonerated if
he can show that the invalidity consisted solely of an incorrect name or
address appearing in a license to which he was lawfully entitled and that the
erroneous condition had not existed for longer than 30 days.
(e) It is unlawful for an individual issued an
oyster, scallop, and clam a shellfish and crab license to transfer
or offer to transfer his license, either temporarily or permanently, to
another. It is unlawful for an individual to secure or attempt to secure an
oyster, scallop, or clam a shellfish and crab license from a source
not authorized by the Marine Fisheries Commission."
Sec. 5. Article 21 of Chapter 143 of the General Statutes is amended by adding a new section to read:
"§ 143-214.2B. Storage of waste on vessels.
The operator of a vessel in the State's waters shall take precautions to ensure that certain items do not enter and contaminate the waters. The operator shall store fuel, oil, paint, varnish, solvent, pesticide, insecticide, fungicide, algicide, or any other hazardous liquid in one or more closed containers that are adequate to prevent the release of the items into the waters of the State."
Sec. 6. In addition to the powers and functions set forth in Article 12F of Chapter 120 of the General Statutes, the Joint Legislative Commission on Seafood and Aquaculture shall study and evaluate the effect of littering on water pollution. Special emphasis shall be placed on the intentional or reckless disposal of non-readily biodegradable materials in the waters of the State. The Commission shall report its findings and recommendations to the 1993 General Assembly, 1994 Regular Session.
Sec. 7. The provisions of this act are severable. If a court determines that a provision of this act is invalid, the invalidity does not affect other provisions of this act that can be given effect without the invalid provision.
Sec. 8. This act becomes effective January 1, 1994.
In the General Assembly read three times and ratified this the 23rd day of July, 1993.
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Dennis A. Wicker
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives