New coastal shellfish farms won't be appearing in New Hanover County anytime soon, but the simmering issue that has set counties against each other and seen questions raised over who has the right to use public trust waters continues to boil just below the surface.
A temporary moratorium that bans new shellfish leases in Wilmington was adopted in 2019 in response to waterfront homeowners and boat users complaining about the density, view, concerns over safety, and rapid growth of shellfish farms in Masonboro and Myrtle Grove sounds.
The ban, originally set to sunset in 2021, was extended several times, but set to expire in July 2026.
In response to concerns from constituents, state Rep. Ted Davis Jr., R-New Hanover, agreed to see about getting
the ban extended. His goal was for a five-year extension.
But Davis soon learned New Hanover residents weren't the only ones with concerns over the proliferation of shellfish farms in the past decade.
While the temporary ban might have pleased waterfront homeowners and boaters in Wilmington, it did the opposite in neighboring Pender County, which has seen a significant uptick in new shellfish leases since the New Hanover moratorium came into effect. That's because Pender and Onslow counties are among the only coastal waters in the southern part of North Carolina that shellfish farms can be established, since Brunswick County has had a long-standing ban on farms since 1949.
Concern over even more farms
According to the latest figures from the N.C. Division of Marine Fisheries, there are 525 active shellfish leases in North Carolina covering a little more than 2,500 acres of public trust waters. They include 85 lease footprints in Onslow County and 52 in Pender County. Most of the leases in Onslow and Pender counties are found in waters behind Topsail Island. In contrast, there are six leases in New Hanover County − including a research operation at the University of North Carolina Wilmington − and just one in Brunswick County.
That growing frustration prompted the Pender County Commissioners in 2024 to pass a resolution asking the state to adopt a moratorium on new shellfish leases in the county. In doing so, the county joined neighboring Onslow County in seeking a pause on new leases, especially water column leases.
The move came after leaders of the three beach towns − Topsail Beach, Surf City and North Topsail Beach − that share Topsail Island teamed up to request the moratorium.
According to the Pender resolution, there were several reasons to seek a lease moratorium. They included the shellfish farms' unsightly nature, their equipment limiting tourism options and access to waterborne recreational opportunities, and the impacts the farms can have on "the beauty of a marsh area that did not have the plastic poles and other equipment marking shellfish areas."
The push eventually ran out of steam in Raleigh, but this summer state Rep. Carson Smith, R-Pender, approached Davis about adding language for a temporary moratorium in Pender County to the bill. A legislator in Carteret County also wanted language for an extension of the 2019 temporary ban in Bogue Sound − another conflict area between waterfront property owners and shellfish farmers − added, too.
The additional areas were added to Davis' proposed bill, but the legislation didn't make it out of committee.
"It was getting pushback, resistance from some quarters," he said, including from the N.C. Shellfish Growers Association.
The clock is ticking (again)
But language for continuing the temporary ban in New Hanover, however, did make it into the long-delayed 2026 budget bill passed by legislators and signed by Gov. Josh Stein in early July.
The ban extension, however, is only for two years, not five as Davis wanted. The ban now expires July 1, 2028.
Davis, who is retiring from the N.C. General Assembly, said he hopes that's enough time for all stakeholders, from marine farmers to boaters to waterfront property owners, to sit down and discuss all the issues regarding the utilization of public coastal waters that are supposed to be there for the benefit of all North Carolinians. There also is talk of regulators doing a study to look at the shellfish industry and its future.
"But if there isn't enough time to get that done in the next two years, we're going to be back in the same boat we're in now," Davis said.
In hopes of calming the increasingly choppy waters, the N.C. Coastal Federation and N.C. Sea Grant are teaming up to survey shellfish growers in Pender and Onslow counties to share their experiences in operating in the state's public trust waters. The information will then be used to inform suggestions on future shellfish leases, which have to be approved by state regulators, and offer real-world, practical experiences to help limit potential use-conflicts on the water.
Reporter Gareth McGrath can be reached at GMcGrath@usatodayco.com or @GarethMcGrathSN on X/Twitter. This story was produced with financial support from Journalism Funding Partners. The USA TODAY Network maintains full editorial control of the work.
This article originally appeared on Wilmington StarNews: Shellfish farm ban extended in Wilmington, but sinks in Pender | Exclusive
