15A NCAC 03O .0205      LEASE RENEWAL

(a)  Lease renewal applications shall be provided to lessees as follows:

(1)           For shellfish bottom leases, renewal applications shall be provided in January of the year of expiration.

(2)           For water column leases, renewal applications shall be provided at least 90 days prior to expiration dates.

(b)  Lease renewal applications shall be accompanied by management plans meeting the requirements of 15A NCAC 03O .0202(b).  The non-refundable filing fee set forth in G.S. 113-202(j) shall accompany each renewal application for shellfish bottom leases.

(c)  A survey for renewal leases shall be required at the applicant's expense when the Division determines that the area leased to the renewal applicant is inconsistent with the survey on file.

(d)  When it is determined, after due notice to the lessee, and after opportunity for the lessee to be heard, that the lessee has not complied with the requirements of this Section or that the lease as issued is inconsistent with this Section, the Secretary may decline to renew, at the end of the current terms, any shellfish bottom or water column lease. The lessee may appeal the Secretary's decision by initiating a contested case as outlined in 15A NCAC 03P .0102.

(e)  Pursuant to G.S. 113‑202(a)(6), the Secretary is not authorized to recommend approval of renewal of a shellfish lease in an area closed to shellfishing by reason of pollution.  Shellfish leases partially closed due to pollution must be amended to exclude the area closed to shellfishing prior to renewal.  For purposes of lease renewal determinations, an area shall be considered closed to shellfish harvest by reason of pollution when the area has been classified by the State Health Director as prohibited or has been closed for more than 50 percent of the days during the final four years prior to renewal except shellfish leases in areas which have been closed for more than 50 percent of the days during the final four years prior to renewal and continue to meet established production requirements by sale of shellfish through relay periods or other depuration methods shall not be considered closed due to pollution for renewal purposes.

(f)  If the Secretary declines to renew a lease that has been determined to be inconsistent with the standards of this Section, the Secretary, with the agreement of the lessee, may issue a renewal lease for all or part of the area previously leased to the lessee that contains conditions necessary to conform the renewal lease to the requirements of this Section for new leases.

 

History Note:        Authority G.S. 113‑134; 113‑201; 113‑202; 113‑202.1; 113‑202.2; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. September 1, 2005; May 1, 1997; March 1, 1995; March 1, 1994; October 1, 1992; September 1, 1991.