Bill Text: NC H361 | 2017-2018 | Regular Session | Amended
Bill Title: Support Shellfish Industry
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-06-15 - Conf Report Adopted [H361 Detail]
Download: North_Carolina-2017-H361-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 2
HOUSE BILL 361
Senate Agriculture/Environment/Natural Resources Committee Substitute Adopted 6/6/18
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Short Title: Support Shellfish Industry. |
(Public) |
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Sponsors: |
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Referred to: |
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March 16, 2017
A BILL TO BE ENTITLED
AN ACT To provide additional support for the state's shellfish industry by reforming and modernizing the statutes governing shellfish and aquaculture bottomland leasing.
The General Assembly of North Carolina enacts:
PART I. SHELLFISH AQUACULTURE REFORMS
SHELLFISH BOTTOM LEASING AMENDMENTS
SECTION 1.1.(a) 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 Secretary may grant shellfish cultivation leases to persons who reside in North Carolina under the terms of this section when 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. For purposes of this subdivision, a "natural shellfish bed" is an area containing at least 10 bushels of shellfish per acre that does not include a previously leased area terminated by the Secretary for failure to meet the requirements of this section within the 12 months directly preceding the date of the lease application.
(3) Cultivation of shellfish
in the leased area will be compatible with lawful utilization by the public of
other marine and estuarine resources.resources near the leased area.
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.unreasonably
conflict with the riparian rights of adjacent property owners.
(4a) The leased area must be located a minimum of 100 feet from the shoreline of any private property. The 100‑foot minimum shall not apply when (i) the adjacent private property is owned by the lease applicant or (ii) the owner of the private property has provided consent in the form of a written and notarized statement.
(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.waters that have been classified
as prohibited, restricted, or conditionally approved closed with respect to
shellfish harvesting at the time of filing of the lease application.
(7) The area leased under a single lease shall be as follows:
a. For coastal fishing waters located in and south of Core Sound, the area leased under a single lease shall not be less than one‑half acre or exceed 10 acres, except in areas designated by the Department as Shellfish Aquaculture Enterprise Areas under subsection (s) of this section. For purposes of this subdivision, Core Sound shall have the definition set forth in Section 1(b) of Chapter 44 of the 1993 Session Laws.
b. For other coastal fishing waters, the area leased under a single lease shall not be less than one‑half acre or exceed 50 acres, except in areas designated by the Department as Shellfish Aquaculture Enterprise Areas under subsection (s) of this section.
(b) The 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 Secretary may not grant a new lease in an area heavily used for recreational purposes. Except as prohibited by federal law, the Secretary shall not exclude any area from leasing solely on the basis that the area contains submerged aquatic vegetation and shall make specific findings based on the standards set forth in subsection (a) of this section prior to reaching a decision not to grant or renew a lease for shellfish cultivation for any area containing submerged aquatic vegetation.
(c) No person, including a
corporate entity, or single family unit may acquire and hold by lease, lease
renewal, or purchase shellfish cultivation leases covering more than 50
acres of public bottoms under shellfish cultivation leases. the acreage
of public bottoms set forth in this subsection. For purposes of this
subsection, the number of acres of leases held by a person includes acres held
by a corporation in which the person holds an interest. The Marine Fisheries
Commission may adopt rules to require the submission of information necessary
to ensure compliance with this subsection.
(1) With respect to coastal fishing waters located in and south of Core Sound, the limit is 50 acres. For purposes of this subdivision, Core Sound shall have the definition set forth in Section 1(b) of Chapter 44 of the 1993 Session Laws.
(2) With respect to other coastal fishing waters, the limit is 300 acres.
(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.
(d1) 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) of this section 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 deny the application or propose that a conditional lease be issued 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 two hundred dollars ($200.00).
(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 of the intended action on the lease application. 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.
(g) After consideration of
the public comment received and any additional investigations the Secretary
orders to evaluate the comments, the Secretary shall notify the applicant in
person or by certified or registered mail of 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 30 days after receiving notice
of the Secretary's decision. In the event the Secretary's decision is a
modification to which the applicant agrees, the lease applicant must furnish an
amended map or diagram before the lease can be issued by the Secretary. A
person other than the applicant who is aggrieved by the Secretary's decision
may file a petition for a contested case hearing only if the Shellfish
Cultivation Lease Review Committee established pursuant to G.S. 143B‑289.57(f)
determines that a hearing is appropriate. A request for a determination of the
appropriateness of a contested case hearing shall be made in writing and
received by the Review Committee within 30 days after the disputed decision is
made. A determination of the appropriateness of a contested case shall be made
within 30 days after a request for a determination is received and shall be
based on whether the person seeking to commence a contested case:
(1) Has alleged that the decision is contrary to a statute or rule;
(2) Is directly affected by the decision; and
(3) Has alleged facts or made legal arguments that demonstrate that the request for the hearing is not frivolous.
If the Review Committee determines that a contested case is appropriate, the petition for a contested case shall be filed within 30 days after the Review Committee makes its determination. A determination that a person may not commence a contested case is a final agency decision and is subject to judicial review under Article 4 of Chapter 150B of the General Statutes. If, on judicial review, the court determines that the Review Committee erred in determining that a contested case would not be appropriate, the court shall remand the matter for a contested case hearing under G.S. 150B‑23 and final decision on the permit pursuant to G.S. 113A‑122. Decisions in such cases shall be rendered pursuant to those rules, regulations, and other applicable laws in effect at the time of the commencement of the contested case.
The applicant or another person aggrieved by a final decision under this section may appeal the decision to the superior court of the county where the proposed lease or any part thereof is located, pursuant to the provisions of Chapter 150B of the General Statutes.
(h) Repealed by Session Laws 1993, c. 466, s. 1.
(i) After a lease application is approved by the Secretary, the applicant shall submit to the Secretary information sufficient to define the bounds of the area approved for leasing with markers in accordance with the rules of the Commission. The information shall conform to standards prescribed by the Secretary concerning accuracy and the amount of detail to be shown. When information 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. 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. The information required by this subsection may be based on coordinate information produced using a device equipped to receive global positioning system data.
(j) Initial leases begin upon the issuance of the lease by the Secretary and expire at noon on the first day of July following the tenth anniversary of the granting of the lease. Renewal leases are issued for a period of 10 years 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 one hundred dollars ($100.00). The rental for initial leases is one dollar ($1.00) per acre until noon on the first day of July following the first anniversary of the lease. Thereafter, for initial leases and from the beginning for renewals of leases entered into after that date, the rental is ten dollars ($10.00) per acre per year. Rental must be paid annually in advance prior to the first day of July each year. Upon initial granting of a lease, the pro rata amount for the portion of the year left until the first day of July 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 July 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.
(8) Failure to comply with the training requirements established by the Marine Fisheries Commission pursuant to G.S. 113‑201(c).
(l1) 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 subsection, his leasehold shall not be terminated under subdivision (5) of subsection (l) of this section.
(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 initiate a contested case by filing a petition under G.S. 150B‑23 within 30 days of receipt of notice of intention to terminate. Where the leaseholder does not initiate a contested case, or the 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, or of the 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 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. the Secretary may either (i) re‑lease the area to the
first qualified applicant to file an application following the procedures set
forth in this Article for renewal of a lease or (ii) designate the area as a
Shellfish Aquaculture Enterprise Area under subsection (s) of this section. Within
30 days of final termination of the leasehold, the former leaseholder shall
remove all abandoned markers and gear 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 markers
and gear, have the area cleaned up. The cost of such removal and cleanup
shall be payable by the owner of the abandoned markers and gear and the
State may bring suit to recover the costs thereof.costs, including
legal fees.
(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 Class 1 misdemeanor.
(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 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 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.
(q) Repealed by Session Laws 1983, c. 621, s. 16.
(r) A lease under this section shall include the right to place devices or equipment related to the cultivation or harvesting of marine resources on or within 18 inches of the leased bottom. Devices or equipment not resting on the bottom or extending more than 18 inches above the bottom will require a water column lease under G.S. 113‑202.1.
(s) To facilitate shellfish aquaculture opportunities through advanced siting and preapprovals from relevant federal and State agencies, the Secretary may establish Shellfish Aquaculture Enterprise Areas. The Secretary shall only issue nontransferrable leases to residents of North Carolina within designated Shellfish Aquaculture Enterprise Areas. Any leased parcel within a Shellfish Aquaculture Enterprise Area that is relinquished or terminated shall revert to the State and be made available to other applicants.
(t) For purposes of this section, a "resident" is any of the following:
(1) Individuals. – One who at the time in question has resided in North Carolina for the preceding six months or has been domiciled in North Carolina for the preceding 60 days. When domicile in the State for a period of 60 days up to six months is the basis for establishing residence, the individual must sign a certificate on a form supplied by the Department or the Wildlife Resources Commission, as the case may be, stating the necessary facts and the intent to establish domicile here.
(2) Corporations. – A corporation which is chartered under the laws of North Carolina.
(3) Partnerships. – A partnership in which all partners are residents of North Carolina.
(4) Other Associations and Groups Fitting the Definition of Person. – An association or group principally composed of individual residents of North Carolina and organized for a purpose that contemplates more involvement or contact with this State than any other state.
(5) Military personnel and their dependents. – A member of the Armed Forces of the United States stationed at a military facility in North Carolina, the member's spouse, and any dependent under 18 years of age residing with the member are deemed residents of the State, of the county in which they live, and also, if different, of any county in which the military facility is located.
(6) Students. – Nonresident students attending a university, college, or community college in the State."
SECTION 1.1.(b) As part of the Shellfish Mariculture Plan required by Section 13.13 of S.L. 2017‑57, the North Carolina Policy Collaboratory and the Division of Marine Fisheries shall study and recommend whether the establishment of a Shellfish Mariculture Commission to oversee shellfish bottom leasing and other aspects of shellfish aquaculture would substantially advance and promote the State's shellfish aquaculture industry. The recommendation shall include proposals for additional or reallocated funding as well as proposed legislation necessary to implement the recommendation.
SECTION 1.1.(c) As part of the Shellfish Mariculture Plan required by Section 13.13 of S.L. 2017‑57, the North Carolina Policy Collaboratory shall establish a stakeholder process to study and recommend whether the shellfish leasing moratoria established by Section 2 of Chapter 876 of the 1967 Session Laws and Section 1(c) of S.L. 2003‑64 should apply to Shellfish Aquaculture Enterprise Areas.
ADMINISTRATIVE REMEDY FOR SHELLFISH BOTTOM LEASING APPEALS
SECTION 1.2. G.S. 143B‑289.57 is amended by adding a new subsection to read:
"(f) The Chair of the Commission shall appoint a three‑member Shellfish Cultivation Lease Review Committee to hear appeals of decisions of the Secretary regarding shellfish cultivation leases issued under G.S. 113‑202. The Committee shall include one Commission member, who shall serve as the hearing officer, and two public members. One public member shall have expertise or other relevant experience in shellfish aquaculture, and the other public member shall have expertise or other relevant experience with respect to coastal property or property assessment. The Commission shall adopt rules to establish procedures for the appeals and may adopt temporary rules."
EXPAND SHELLFISH NURSERY AREAS AND UNDER DOCK OYSTER CULTURE SITING
SECTION 1.3.(a) G.S. 113‑203 reads as rewritten:
"§ 113‑203. Transplanting of oysters and clams.
…
(a2) It is unlawful to do any of the following:
(1) Transplant oysters or clams taken from public grounds to private beds except when lawfully taken during open season and transported directly to a private bed in accordance with rules of the Marine Fisheries Commission.
(2) Transplant oysters or clams taken from permitted aquaculture operations to private beds except from waters in the approved classification.
(3) Transplant oysters or clams from public grounds or permitted aquaculture operations utilizing waters in the prohibited, restricted or conditionally approved classification to private beds except when the transplanting is done in accordance with the provisions of this section and implementing rules.
(a3) It Unless the
Secretary determines that the nursery of shellfish in an area will present a
risk to public health, it is lawful to transplant seed oysters or seed
clams taken from permitted aquaculture operations that use waters in the prohibited,
restricted or conditionally approved classification to private beds
pursuant to an Aquaculture Seed Transplant Permit issued by the Secretary that
sets times during which transplant is permissible and other reasonable
restrictions imposed by the Secretary under either of the following
circumstances:
(1) When transplanting seed clams less than 12 millimeters in their largest dimension.
(2) When transplanting seed oysters less than 25 millimeters in their largest dimension.
…."
SECTION 1.3.(b) G.S. 113‑210(c) reads as rewritten:
"(c) Issuance. – The Director of the Division of Marine Fisheries shall issue an Under Dock Oyster Culture Permit only if the Director determines all of the following:
(1) That If the
dock or pier is not located in an area that the State Health Director
has recommended be closed to shellfish harvest due to pollution or that has
been closed to harvest by statute, rule, or proclamation due to suspected pollution.pollution,
the owner of the dock or pier has signed a written acknowledgement that oysters
produced under the permit are intended for restoration purposes and not for
consumption.
…."
SHELLFISH AQUACULTURE ENTERPRISE AREAS
SECTION 1.4. G.S. 113‑201.1 is amended by adding a new subdivision to read:
"(3a) "Shellfish Aquaculture Enterprise Area" means an area designated and permitted by the Department that is subdivided into parcels and made available for shellfish aquaculture leasing."
MORATORIUM ON SHELLFISH LEASING IN THE NEW HANOVER COUNTY AREA
SECTION 1.5. Notwithstanding G.S. 113‑202 and G.S. 113‑202.1, a moratorium on new shellfish cultivation leases and new water column leases for aquaculture shall be imposed for all those waters bordered in the north by a line beginning at a point 34° 13.10221' N – 77° 48.79544' W on the mainland near the Wrightsville Beach Bridge; running southeasterly to a point 34° 12.51584' N – 77° 47.81847' W on Wrightsville Beach; and bordered in the south by a line beginning at a point 34° 07.77029'N – 77° 52.08320' W on the mainland near Peden Point; running easterly near IWW Marker #141 to a point 34° 07.60069'N – 77° 51.03281' on Masonboro Island, to include the waters of Masonboro Sound and Greenville Sound. The moratorium shall expire July 1, 2020.
MORATORIUM ON SHELLFISH LEASING IN BOGUE SOUND
SECTION 1.6.(a) Notwithstanding G.S. 113‑202 and G.S. 113‑202.1, a moratorium on new shellfish cultivation leases and new water column leases for aquaculture shall be imposed for all those waters bordered in the west by a line beginning at a point 34° 40.77658' N – 77° 04.02674' W on the mainland near the Emerald Isle High Rise Bridge; running southeasterly following the bridge to a point 34° 40.05410' N – 77° 03.80531' W on Emerald Isle; bordered in the north by a line beginning at a point 34° 43.24641' N – 76° 41.68436' W; running easterly following the Highway 70 High Rise Bridge to a point 34° 43.27819' N – 76° 41.22259' W; and bordered in the east by a line beginning at a point 34° 42.37275' N – 76° 40.80078' W on the southern tip of Radio Island; running southerly to a point 34° 41.98273' N – 76° 40.81929' on Bogue Banks near the U.S. Coast Guard Station. The moratorium shall expire July 1, 2020.
SECTION 1.6.(b) During the process for establishing Shellfish Aquaculture Enterprise Areas, the Division of Marine Fisheries of the Department of Environmental Quality shall identify areas in Bogue Sound where there are fewer anticipated user conflicts with shellfish leases. The Division shall report its findings to the General Assembly no later than July 1, 2019.
PART II. REVISE OYSTER STUDIES REPORTING DATES
SECTION 2.1.(a) Section 14.11(f) of S.L. 2016‑94 reads as rewritten:
"SECTION 14.11.(f) The
University of North Carolina at Chapel Hill shall report the results of its
study, including any recommendations and suggested legislation needed to
implement the recommendations, to the Fiscal Research Division, the
Environmental Review Commission, and the Joint Legislative Oversight Committee
on Agriculture and Natural and Economic Resources no later than December 31,
2018.December 31, 2018, which may be extended to June 30, 2019, by
written notice to the Fiscal Research Division if the University determines additional
time is needed to complete the study."
SECTION 2.1.(b) Section 13.13(b) of S.L. 2017‑57 reads as rewritten:
"SECTION 13.13.(b) In
addition to the study required by Section 14.11(d) of S.L. 2016‑94, as
amended by subsection (a) of this section, the North Carolina Policy
Collaboratory shall also prepare and deliver a Shellfish Mariculture Plan by December
31, 2018.December 31, 2018, which may be extended to June 30, 2019, by
written notice to the Fiscal Research Division if the Collaboratory determines additional
time is needed to complete the study. Except as otherwise prohibited by
State or federal law, all State entities shall provide all information,
resources, and support deemed relevant by the Collaboratory for the creation of
the Shellfish Mariculture Plan. The plan shall be submitted to the Joint Legislative Oversight Committee on Agriculture
and Natural and Economic Resources, the chairs of the House of Representatives
Appropriations Committee on Agriculture and Natural and Economic Resources, the
chairs of the Senate Appropriations Committee on Agriculture, Natural, and
Economic Resources, and the Fiscal Research Division and shall consider the
following:
…."
SECTION 2.1.(c) Section 13.13(d) of S.L. 2017‑57, as amended by Section 4.1 of S.L. 2017‑197, reads as rewritten:
"SECTION 13.13.(d) The
North Carolina Policy Collaboratory, in consultation with the Economic
Development Partnership of North Carolina, the Department of Commerce, and the
Department of Natural and Cultural Resources, and any other stakeholders the
Partnership deems relevant, including the North Carolina Tourism Advisory
Board, the North Carolina Restaurant and Lodging Association, the North
Carolina Shellfish Growers Association, North Carolina Sea Grant, and
the North Carolina Fisheries Association, shall develop conceptual plans and
recommendations for economic development related to promotion of the State's
shellfish harvesting heritage. The plans and recommendations shall include the
creation of a North Carolina Oyster Trail and a North Carolina Oyster
Festival.other public engagement events. Plan development shall be
congruent with the ongoing work of the North Carolina Policy Collaboratory and
its stakeholder group as described in this section and shall include
recommendations of locations, oversight, governmental support, cost, and timing
of when such initiatives should be launched in the future, including, but not
limited to, achieving production and acreage benchmarks, in addition to any
other information deemed relevant for inclusion. The Collaboratory's
recommendations shall be provided no later than December 31, 2018, to the Joint Legislative Oversight Committee on Agriculture and
Natural and Economic Resources, the chairs of the House of Representatives
Appropriations Committee on Agriculture and Natural and Economic Resources, the
chairs of the Senate Appropriations Committee on Agriculture, Natural, and
Economic Resources, and the Fiscal Research Division. The due date for the report may be extended to June
30, 2019, by written notice to the Fiscal Research Division if the
Collaboratory and stakeholders determine that additional time is needed to
complete the study. This study, as it may be subsequently amended after
submission, shall be included as an appendix to the Shellfish Mariculture Plan
required by subsection (b) of this section."
PART III. SEVERABILITY CLAUSE AND EFFECTIVE DATE
SECTION 3.1. If any section or provision of this act is declared unconstitutional or invalid by the courts, it does not affect the validity of this act as a whole or any part other than the part declared to be unconstitutional or invalid.
SECTION 3.2. This act becomes effective July 1, 2018.
