N.C. Aquaculture: Shellfish Franchise, Leasing
and Aquaculture Permitting

The N.C. Division of Marine Fisheries administers the Shellfish Lease and Franchise Program for the purposes of shellfish cultivation, aquaculture and mariculture within the State of North Carolina. The state has allowed shellfish leases on unproductive bottom since 1858. (Table 1).

Shellfish Lease Applications:

Shellfish bottom lease and water column applications will be accepted from Mar. 1 through Sept. 1. Shellfish lease site investigations will only be conducted from April 1 through Oct. 31 to coincide with the growing season for submerged aquatic vegetation.

Table 1: Lease Type by Acreage

Table 2: Lease Applications by Year

Resources:

N.C. Shellfish Lease Presentation
North Carolina Sea Grant
Frank Lopez: fmlopez@ncsu.edu
919-515-3012

Lease Siting

Many criteria need to be considered when siting a new shellfish lease. The North Carolina Shellfish Lease Siting Tool, created and maintained by the University of North Carolina Wilmington, is an interactive decision-support tool that will assist new or current growers in siting new or expanding shellfish operations on the North Carolina coastline. It provides visual representation of data specifically related to shellfish aquaculture such as salinity, bottom type, depth, and shellfish growing area classifications. To use this siting tool, visit:  http://uncw.edu/benthic/sitingtool/

Shellfish Sanitation

The division’s Shellfish Sanitation and Recreational Water Quality Section is responsible for ensuring the safety of molluscan shellfish by monitoring water quality throughout coastal waters. The link below shows shellfish closures statewide.
https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=5759aa19d7484a3b82a8e440fba643aa

Aquaculture-Related Permits

There are other permits that are required for various aquaculture activities at no cost. The type of permit required will be determined by the specific type of aquaculture operations. Applications for the most commonly used permits are listed below. For other aquaculture-related permits for shellfish, crustacean, or finfish species, or for questions, interested parties should contact Teresa Barrett with the Division of Marine Fisheries. (Teresa.Barrett@ncdenr.gov)

Aquaculture Seed Transfer Permit
Required to move any seed from restricted or prohibited waters. Seed size for oysters up to 25mm and up to 12.5 mm for clams. This is an annual reviewable permit that expires December 31 of each year. Leaseholders can apply at any time during the year.

Polluted Area Relay Permit (~April 1-May 15/subject to proclamation)
Polluted Area Relay Maps (Updated March, 2020 — annual update)
Provides the opportunity to relay of clams and oyster out of specific polluted areas to leases, with Marine Patrol coordination. Leaseholders receive the permit application in March. Maps, signs and permits are send to applicants after permit approval. The lease will remain closed to harvest to allow for depuration until reopened by proclamation (about six weeks). Permitees must submit a transplant report to the division after relay period (no future relay permits will be issued if the transplant report is not received).

Seed Oyster Management Area (SOMA) Permit
Seed Oyster Management Area (SOMA) Maps and Description
(15A NCAC 03R .0116 – DESIGNATED SEED OYSTER MANAGEMENT AREAS)

Provides the opportunity to relay oysters out of Seed Oyster Management Areas (SOMA) to shellfish leases between April and October. The relay is restricted to 100 bushels per acre of shellfish lease, not to exceed 1,000 bushels per lease. Permitees must submit a SOMA transplant report to the division by Oct. 31 (no future relay permits will be issued if a transplant report is not received).

Mechanical Methods/Harvest Permit
Allows the use of mechanical harvest methods on shellfish leases not located within a primary nursery area. This is an annual reviewable permit that runs July 1 to June 30. Leaseholders may apply for a permit at any time during the year.

Aquaculture Operations Permit (AOP)
Allows for the propagation of marine or estuarine resources from permitted sources for rearing in a controlled environment, while protecting the state’s natural resources from disease, gene mixing, and over competition. A controlled environment provides and maintains throughout the rearing process one or more of the following: (i) food; (ii) predator protection; (iii) salinity; (iv) temperature controls; or (v) water circulation, utilizing technology not found in the natural environment.

Application to Introduce, Transfer, or Hold Imported Marine and Estuarine Organisms
Needed for the introduction into coastal waters of living marine or estuarine organisms not native to North Carolina; transfer of marine or estuarine organisms which are native, but which originated outside the state's boundaries; holding or maintaining any imported marine or estuarine organisms in a quarantine or isolation system for brood stock, aquaculture, or bait; or selling for bait any live marine or estuarine organism imported into the state. Testing is required prior to issuance of permit. Each batch must be tested within 30 days of shipment to North Carolina. Each test will consist of a minimum of 60 organisms.

Application for Under the Dock Permit
N.C. Under Dock Oyster Culture Manual
Under Dock Oyster Culture Permit Test
Allows a dock owner to attach oyster cultivation containers under his dock, following specific permit conditions, to grow oysters for personal consumption. The dock or pier cannot be located in an area closed to shellfish harvest. Owner must satisfy training requirements established by the Marine Fisheries Commission prior to issuance of permit. Reporting requirements must be met yearly. Sale of oysters is prohibited.

Statutes, Rules, and Proclamations:

www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_113/Article_16.pdf
N.C. Marine Fisheries Commission Rules

Contacts:

For Shellfish Lease correspondence please contact:

North Carolina Division of Marine Fisheries
attn: Shellfish Lease Program
P.O. Box 769
Morehead City, NC 28557
800-682-2632
Email: DMF.Leasingshellfish@ncdenr.gov

For Aquaculture Permit correspondence please contact:

North Carolina Division of Marine Fisheries
attn.: Aquaculture Permit Coordinator
P.O. Box 769
Morehead City, NC 28557
800-682-2632
Email: Teresa.Barrett@ncdenr.gov