15A NCAC 03O .0210. SHELLFISH FRANCHISES

(a)  The resolution of claims filed under G.S. 113‑205 is governed by standards in Departmental Rules 15A NCAC 1G .0200 and .0300.  Following receipt of notification that a claim has a valid chain of title, the owner shall provide to the Division within 90 days a survey prepared in accordance with the standards in 15A NCAC 03O .0203(d).  Failure to provide the required survey within the time period specified will result in denial of the claim.

(b)  Acceptable management plans, prepared in accordance with the standards in 15A NCAC 03O .0202(b), shall be provided to the Division within 30 days following formal recognition of a valid chain of title and at ten‑year intervals thereafter.

(c)  The survey and management plan requirements in Paragraphs (a) and (b) of this Rule, and all other requirements and conditions of this Section affecting management of franchises, shall apply to all valid shellfish franchises recognized prior to September 1, 1989.

(d)  Commercial production requirements for franchises shall be identical to that required for leases in 15A NCAC 03O .0201(c)averaged over the most recent three‑year period after January 1 following the second anniversary of the dates of recognition of claims as valid shellfish franchises and continuing throughout the term of management plans required in Paragraph (b) of this Rule.  Annual reporting of commercial production shall be submitted upon receipt of forms provided by the Division for that purpose.

 

History Note:        Authority G.S. 113‑134; 113‑201; 113‑202; 113‑205; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. October 1, 2008; September 1, 1991.