15A NCAC 03o .0202      SHELLFISH BOTTOM AND WATER COLUMN LEASE APPLICATIONS

(a)  Application forms are available from the Division's office headquarters at 3441 Arendell Street, Morehead City, NC  28557 for persons desiring to apply for shellfish bottom and water column leases.  Each application shall be accompanied by a map or diagram prepared at the applicant's expense including an inset vicinity map showing the location of the proposed lease with detail sufficient to permit on‑site identification and must meet the information requirements pursuant to G.S. 113-202(d).

(b)  As a part of the application, the applicant shall submit a management plan for the area to be leased on a form provided by the Division which meets the following standards:

(1)           States the methods through which the applicant will cultivate and produce shellfish consistent with the minimum requirements set forth in 15A NCAC 03O .0201;

(2)           States the time intervals during which various phases of the cultivation and production plan will be achieved;

(3)           States the materials and techniques that will be utilized in management of the lease;

(4)           Forecasts the results expected to be achieved by the management activities; and

(5)           Describes the productivity of any other leases or franchises held by the applicant.

(c)  The completed application, map or diagram, and management plan for the requested lease shall be accompanied by the non‑refundable filing fee set forth in G.S. 113-202(d1).  An incomplete application shall be returned and not considered further until re‑submitted complete with all required information.

(d)  Applicants and transferees not currently holding a shellfish cultivation lease, and applicants and transferees holding one or more shellfish cultivation leases which are not meeting production requirements, shall complete and submit an examination, with a minimum of 70 percent correct answers, based on an educational package provided by the Division of Marine Fisheries.  The examination shall demonstrate the applicant's knowledge of:

(1)           the shellfish lease application process;

(2)           shellfish lease planting and production requirements;

(3)           lease marking requirements;

(4)           lease fees;

(5)           shellfish harvest area closures due to pollution;

(6)           safe handling practices;

(7)           lease contracts and renewals;

(8)           lease termination criteria; and

(9)           shellfish cultivation techniques.

(e)  After an application is deemed to have met all requirements and is accepted by the Division, the applicant shall identify the area for which a lease is requested with stakes at each corner in accordance with 15A NCAC 03O .0204(a)(1)(A).  The applicant shall attach to each stake a sign, provided by the Division containing the name of the applicant, the date the application was filed, and the estimated acres.

 

History Note:        Authority G.S. 113‑134; 113‑201; 113‑202; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. April 1, 2011; September 1, 2005; May 1, 1997; September 1, 1991.