NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

CHAPTER 447

HOUSE BILL 897

AN ACT TO AUTHORIZE THE COMMISSIONER OF THE DIVISION OF COMMERCIAL AND SPORTS FISHERIES TO REFUND THE RENTAL FEE FOR OYSTER AND CLAM LEASES WHERE POLLUTION HAS CLOSED THE LEASEHOLD TO OYSTERING AND CLAMMING.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 113-202 is hereby amended by adding a new subsection (q) to read as follows:

"(q)      If the State Board of Health closes any creek, stream, river, bay, or sound area to oystering or clamming by reason of pollution, the Commissioner of Commercial and Sports Fisheries is authorized to refund the rental fee paid by any lessee who holds an oyster or clam lease from the State of North Carolina and whose private garden is closed by reason of the said pollution through no fault of the said lessee. Such refund shall be apportioned and only that portion equivalent to the fraction of year that the oyster garden was closed to oystering and clamming will be refunded."

Sec. 2.  This act shall become effective on and after July 1, 1971.

In the General Assembly read three times and ratified, this the 26th day of May, 1971.