Marine Conservation Agreements
A Conservation Practitioner's Toolkit

North Carolina Summary

Ocean and Coastal Land

North Carolina has 3,375 miles of estuarine coastline and 330 miles of oceanfront, including the width of the ocean inlets.

Conservation Leasing and Ownership

As of June 2007, The Nature Conservancy had not undertaken formal law, policy, or spatial data assessments regarding options for private conservation of submerged lands and related resources in North Carolina. As such, we do not have a comprehensive picture of what is legally possible, nor do we have a comprehensive understanding of the ownership and leasing patterns across the coastal landscape and seascape. We do know that it is possible for conservation organizations to acquire fee-title to submerged lands in North Carolina as the Conservancy acquired 1,100 acres of subtidal property in Albermarle Sound (see Resource Box). At this time, however, organizations wishing to pursue leasing or ownership of lands or resources lying below the high tide line should undertake site-specific assessments or work with state agency staff to evaluate opportunities statewide.

Whether organizations pursue leasing or ownership opportunities, several local, state, and federal authorizations may be required to undertake conservation activities on submerged lands in North Carolina. The information that follows provides context for and information regarding possible authorization needs.

Submerged Lands, Fish and Wildlife

As a general matter, most submerged lands seaward of the mean high tide line are owned by the state in North Carolina. These submerged lands are typically referred to as public trust lands or, on occasion, as sovereignty lands. North Carolina submerged lands cover about 2.9 million acres of marine and estuarine waters from the Inland–Coastal waters boundaries (as defined in joint rules of the North Carolina Marine Fisheries Commission and the North Carolina Wildlife Resources Commission) out to three nautical miles from shore in the ocean.

The Department of Environment and Natural Resources (DENR) is responsible for managing all the state’s natural resources, entrusting the Division of Marine Fisheries (DMF) to manage the marine resources. Currently, there is no formal submerged lands office or stance on conservation leasing. However, DMF does allocate shellfish leases (see below). DENR also maintains an Office of Conservation and Community Affairs, which coordinates conservation goals for the marine ecosystem between state, local, and conservation organizations. This office would be useful for anyone seeking to employ conservation strategies in North Carolina, including submerged lands leasing. Additionally, the Department of Administration, Office of State Property, grants easements for structures on submerged lands.

Department of Environment and Natural Resources
Division of Marine Fisheries
P O Box 769
3441 Arendell Street
Morehead City, NC 28557-0769
Tel: 252-726-7021 or 800-682-2632

Office of Conservation & Community Affairs
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Tel: 919-715-4152

Department of Administration
Office of State Property
1321 Mail Service Center
Raleigh, North Carolina 27699-1321
Tel: 919-807-4650
Fax: 919-733-1431
Email: June.Michaux@ncmail.net

Coastal Zone, Beaches, and Shoreline Development

The Division of Coastal Management (DCM) of DENR manages the coastal zone through permitting, enforcement, education, research and planning. Coastal Area Management Act (CAMA) permits are required for development in designated Areas of Environmental Concern. DCM oversees the North Carolina Coastal Reserves Program, ensures beach and waterfront access, and monitors some aspects of water quality.

Department of Environment and Natural Resources
Division of Coastal Management
400 Commerce Ave.
Morehead City, NC 28557
Tel: 252-808-2808 or 888-4RCOAST
Email: dcmfrontdesk@ncmail.net

Water Quality

The Division of Water Quality of DENR oversees almost all aspects of water quality within the state, including stormwater runoff, non-point source pollution, estuarine water quality, and wetlands. Conservation projects that may directly or indirectly affect water quality should contact the Division of Water Quality.

Department of Environment and Natural Resources
Division of Water Quality
512 N. Salisbury St.
Raleigh, NC 27604
Tel: 919-733-7015

The Division of Environmental Health (also in DENR), Shellfish Sanitation and Recreational Water Quality Section (Shellfish Sanitation), conducts an extensive water quality monitoring program in coastal waters focused on bacteriological condition for shellfish waters and swimming beaches. When contamination is found above action levels, the DMF is required to close shellfishing waters to harvest, while Shellfish Sanitation posts advisory notices at contaminated swimming beaches, but lacks authority to actually prohibit body contact activities.

Department of Environment and Natural Resources
Shellfish Sanitation and Recreational Water Quality Section - Division of Environmental Health
P O Box 769
3441 Arendell Street
Morehead City, NC 28557-0769
Tel: 252-726-7021

Shellfish Mariculture and Aquaculture

The DMF manages shellfish mariculture in coastal waters, including leasing of public bottom lands with the option of leasing the water column overhead. The lease program includes pre-lease biological sampling, data management, receipt of lease fees, and enforcement of applicable statutes and rules. By law, leases must be for commercial purposes (sale of products). As of August 2007, there were 249 shellfish bottom leases in North Carolina totaling approximately 1,800 acres. There are no legal provisions for culture of finfish or crustaceans in coastal waters.

The Department of Agriculture and Consumer Services manages aquaculture within the state, except in coastal waters, including administering licenses and providing technical support. The agency has compiled a list of acceptable aquaculture species which is comprised mainly of fish species and accessible on their website. Anyone interested in pursuing aquaculture for a species other than one on this list would need permission from the Wildlife Resources Commission.

Technical support for offshore and shellfish aquaculture is also available through North Carolina Sea Grant.

North Carolina Department of Environment and Natural Resources
Division of Marine Fisheries
P O Box 769
3441 Arendell Street
Morehead City, NC 28557-0769
Tel: 252-726-7021

Department of Agriculture & Consumer Services
Aquaculture Program
2 West Edenton Street
1020 Mail Service Center
Raleigh, North Carolina 27699-1020
Tel: 252- 633-1477
Fax: 252- 633-2120
Email: matthew.parker@ncmail.net

North Carolina Sea Grant
Coastal Business Specialist
303 College Circle
Morehead City NC 28557
Tel: 252-222-6314
Email: brian_efland@ncsu.edu

 

Step 1: Getting Started
1.1 Lease and Own 101
1.2 Myths
1.3 Important Terms
Step 2: Decision Checklist
2.1 Conservation Priorities
2.2 Threats and Strategies
2.3 Organization Capacity
2.4 Ownership and Use
2.5 Laws and Policies
2.6 Owners and Agencies
2.7 Partners and Funders
Step 3: Acquisition Checklist
3.1 Project Initiation
3.2 Title Report
3.3 Owner Contact
3.4 Proposal Completion
3.5 Terms and Conditions
3.6 Funding
3.7 Documentation
3.8 Due Diligence
3.9 Regulatory Permits
3.10 Final Actions
3.11 Site Plan
Step 4: Implementation
4.1 Science
4.2 Habitat
4.3 Maintenance
4.4 Public Use
4.5 Enforcement
4.6 Outreach
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Case Studies
Agreement: Ecuador
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Lease: Tanzania
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Marine Conservation Agreements     Copyright © 2008 The Nature Conservancy