The North Carolina Division of Marine Fisheries (NCDMF) is responsible for the stewardship and sustainability of the state's marine and estuarine resources f or the benefit and health for all North Carolinians. In doing so, NCDMF manages shellfish resource development , habitat enhancement, benthic mapping, shellfish leasing, and water quality for shellfish growing areas. The NCDMF administers the Shellfish Lease Program through the Habitat and Enhancement Section for the purposes of commercial shellfish aquaculture within the State of North Carolina.
In North Carolina, the leasing of public trust bottom for the use of shellfish aquaculture has been around for over 150 years. Shellfish l eases are divided into two types; Bottom and Water Column. Traditionally , bottom leases were utilized to grow oysters on cultch, or to bed clams under netting. The ability to lease the water column for shellfish aquaculture was enacted in 1989 with the first shellfish water column lease issued in 1991. However, it has been only recently that this type of leasing has expanded. The shellfish aquaculture industry has expanded tremendously over the last seven years in North Carolina with a 5,200 percent increase in shellfish lease applications since 2011 .
Standards and requirements for shellfish leases in North Carolina are m andated through general statutes . The North Carolina Marine Fisheries Commission (NCMFC) has authority to develop rules for shellfish aquaculture to further ensure the statutorily required standards are being met, while considering other uses of the public trust. Federal p ermitting for shellfish aquaculture is also required by the US Army Corps of Engineers through the Nationwide Permit #48. Each shellfish lease application must be vetted through processes including state/federal review to ensure compliance with state and federal laws and NCMFC rules. Key management components include: application receipt and review, biological investigation, public c omment and hearing, and the final recommendation.
Coinciding with the expansion of the shellfish aquaculture industry and its use of water column leases, there has been a substantial increase in the number of user conflict issues which has led to an increase in litigation and takes tremendous staff time and resources. Achieving and sustaining a successful shellfish aquaculture industry in North Carolina will depend on, among other things, resolution of user conflicts.