NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 1260

HOUSE BILL 929

 

 

AN ACT TO PROMOTE CONSERVATION OF NATURAL OYSTER AREAS BY MAKING THE GRANTING OF OYSTER LEASES DISCRETIONARY WITH THE BOARD OF CONSERVATION AND DEVELOPMENT, TO FIX THE COST OF OYSTER LEASES AT $5.00 PER ACRE PER YEAR AND TO PROVIDE FOR ESTABLISHMENT OF ORDERLY PLANTING OF LEASED OYSTER BEDS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 113-176 is amended by adding a comma after the word "lease" in line 1 thereof, and inserting the words "or to decline to lease" immediately thereafter; G.S. 113‑176 is further amended by adding a new sentence at the end thereof to read as follows:

"Leases shall not be granted except to such applicants who have filed with the Board a certificate in writing stating that the purpose of obtaining the lease shall be to enter into production of oysters in commercial quantities, and that the purpose is not to raise oysters solely for private use."

Sec. 2.  G.S. 113-180 is amended by striking out the word "shall" in the third line and inserting in lieu thereof the words "may, if the application is approved,".

Sec. 3.  G.S. 113-181 is amended by adding a new sentence at the end thereof to read as follows:

"Any lease granted under the provisions of this Article after the ratification of this Act may be canceled by the Department of Conservation and Development if the lessee fails to diligently use the bottoms covered by the said lease for the production of oysters in commercial quantities."

Sec. 4.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 5.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 26th day of June, 1963.