15A N.C. Admin. Code 3O.0209

Current through Register Vol. 38, No. 24, June 17, 2024

Section 03O .0209 - ASSIGNMENT OF SHELLFISH LEASES AND FRANCHISES

(a) For the purpose of effecting assignments of shellfish leases or franchises in accordance with this Rule:

(1) "transfer" shall be defined as any permanent assignment of a shellfish lease or franchise, in whole or in part.

(2) "sublease" shall be defined as any temporary assignment of a shellfish lease or franchise, in whole or in part.

(b) No transfer or sublease of a shellfish lease or franchise, in whole or in part, shall be valid until notice is provided to the Division of Marine Fisheries as provided in Article 16 of Chapter 113 of the North Carolina General Statutes.

(c) Notice to transfer or sublease a shellfish lease or franchise shall include:

(1) shellfish lease or franchise number;

(2) date of transfer or sublease;

(3) name and city of shellfish lease or franchise holder;

(4) name and address of transferee or sub-lessee;

(5) waterbody and county of shellfish lease or franchise being transferred or subleased;

(6) area description and total acres of shellfish lease or franchise or portion of shellfish lease or franchise being transferred or subleased; and

(7) end date for a sublease.

The transferee or sub-lessee of a shellfish lease shall provide to the Division the required Shellfish Lease Management Plan and proof of completion of training requirements in accordance with Rule .0202 of this Section.

(d) A shellfish lease or franchise shall not be transferred or subleased to a nonresident of North Carolina in accordance with G.S. 113-202, G.S. 113-202.1, G.S. 113-202.2, and G.S. 113-206.

(e) A shellfish water column lease shall only be transferred in accordance with G.S. 113-202.1(f) and G.S. 113-202.2(f).

15A N.C. Admin. Code 03O .0209

Authority G.S. 113-134; 113-182; 113-201; 113-202; 113-202.1; 113-202.2; 113-205; 113-206; 143B-289.52;
Eff. January 1, 1991;
Amended Eff. April 1, 2011; March 1, 1994; September 1, 1991;
Readopted Eff. July 1, 2022.

Authority G.S. 113-134; 113-182; 113-201; 113-202; 113-202.1; 113-202.2; 113-205; 143B-289.52;
Eff. 1/1/1991;
Amended Eff. 4/1/2011; March 1, 1994; September 1, 1991.

Readopted by North Carolina Register Volume 37, Issue 03, August 1, 2022 effective 7/1/2022.