Second in a series

SNEADS FERRY – The easy chatter of shellfish farmers gearing up for another day of work broke through an otherwise quiet morning landside of the lower New River’s sun-gleamed waters.

The air that early June day still hung cool over the small marina a handful of shellfish growers share as their waterfront hub in this storied fishing village in Onslow County.

Though they run independent shellfishing businesses, this tightknit group supports one another, sharing a passion for what they do for a living and the hardships that come with it.

“This just happened naturally,” oysterman Cody Faison of Ghost Fleet Oyster Co. said before firing up the motor of his well-weathered skiff. “Oyster farming, they’re stronger as communities. What you find here is five farmers who help each other out.”

Like Faison, many of the folks working shellfish leases in Onslow and Pender’s coastal waterways are first-generation aquatic farmers, men and women in an industry challenged by seasonal shellfish mortality events, water quality impacts, and, as of late, fewer areas in which they can farm.

“Part of the reason that all these farms are here is because they can’t go north and they can’t go south,” Faison said.

Temporary and permanent shellfish lease moratoriums in coastal counties to the north and south of Topsail Island have pushed growers to the waters of Topsail Island. The steady increase in shellfish leases has amplified concerns among property owners, boaters, and recreational fishers who argue shellfish farms, particularly those with floating cages, restrict access to prime fishing locations, obstruct scenic waterfront views, and create navigational hazards.

This is the second year in which local officials are pushing for a temporary shellfish lease moratorium in the waters behind Topsail Island.

On Tuesday afternoon, the House Rules, Calendar, and Operations Committee passed proposed House Bill 1113 sponsored by Rep. Ted Davis, R-New Hanover. The bill aims to extend New Hanover County’s shellfish lease moratorium by another five years, appropriate a one-time, $10,000 fund for public education activities related to that county’s lease pause, extend a leasing moratorium in Bogue Sound to July 1, 2028, and impose a two-year moratorium on new leases in parts of Onslow and Pender counties until July 1, 2028.

“This will not prohibit people from going out and getting oysters,” Davis said in the committee meeting Tuesday. “What this prohibits is any more of these new things being put into the water. And, I will say that one of the concerns is the fact, you know, people have the right to use the water. It’s a public trust, and when these cages are put up, it can inhibit people’s enjoyment of that public trust. I know where I live, if a boat was to hit one of these cages, it could be bad. If somebody water skiing on a jet ski, or anything else, hits one of these cages, it’s going to be bad.”

Growers argue a moratorium in Stump and Topsail sounds would only put the squeeze on areas that do not have moratoriums, including waters around Newport, Morehead City and Beaufort.

Faison is not alone in worrying that language in the proposed bill, which currently targets the sounds directly behind Topsail Island, might be changed to include all waters in Pender and Onslow counties, a move that would shut down new leases in bays and creeks in the New River.

“What if this moratorium goes from two to 10 years?” Faison asked during a recent tour of shellfish leases in the lower New River, where he farms a 4-acre water column lease in Traps Bay.

Faison worked his way up to this lease, starting out in the business roughly six years ago by subleasing from a fellow farmer in Topsail Sound. He personally believes the state should promote subleasing. He encourages anyone considering entering the business to go that route.

He doesn’t judge which types of gear or leases other growers use. Farmers who use Seapa baskets, which are smaller and weigh less than typical, heavy-duty wire-mesh floating cages, suspend the baskets from lines that they attach to PVC pipes. That’s why some water column shellfish lease farms are so populated with the pipes, Faison explained.

Faison’s lease is dotted primarily with low-profile floating bags, a method he has found that works best for him.

“This is the future,” he said as he coasted his boat next to a line of bags in his lease. “I think this is going to be my success. I’m not saying this is right for every other farmer.”

For North Carolina oyster farmers, floating gear is the only method for producing the much-sought, high-quality oyster that looks just as pretty on the plate as it tastes, he said. Oysters must be symmetrical, their outer shells clean and barnacle-free.

“We’re all growing oysters for the raw bar, and you can’t do that on the bottom,” Faison said. “There’s no other way to do it. We don’t have enough tide swing.”

Floating gear allows farmers to replicate low tide, giving oysters a twice-daily dry spell that helps them build stronger shells, deter barnacles, and extend their shelf life.

Those North Carolina-grown, presentation-perfect oysters served to customers at area raw bars cost a pretty penny to cultivate.

“Oyster farming is a very tough way to make money,” Faison said. “I think people think we’re out here just killing it.”

According to an economic analysis published in 2024, the average startup cost to launch an off-bottom oyster farm ranges from less than $60,000 for a single line of floating bags to more than $200,000 for 24 lines.

“The total annual cost, including depreciation and interest on invested capital, labor, fuel, seed and other expenses, is estimated to range from approximately $50,000 to operate a single line of floating bags to approximately $250,000 to operate twenty-four lines,” the study states.

As boats go, the 19-footer that Faison bought off a local fisherman is about as basic as they come. There’s no console. No seats — just a couple of stacks of colorful baskets placed to one side of the otherwise flat-bottomed, open vessel.

“Is the better way to look at this a lot more moratoriums or more strict on the DMF side?” Faison said, referring to the North Carolina Division of Marine Fisheries, which permits shellfish leases. “I don’t know the answer. I don’t know that any of us quite yet know how to bridge this gap. Instead of trying to fight for really positive change, we’re just fighting. We’re strong as this big, massive group of people working together for a common goal.”

First of two parts

SURF CITY – Capt. Ray Brittain wasn’t kidding.

The white PVC pipes he described at a public meeting last April as jutting from waters that hug stretches of banks and fill pockets of bays in the sounds behind Topsail Island are easily in the hundreds, if not thousands.

The pipes signal the locations of shellfish leases in Stump and Topsail sounds, the waters of which have become a hot commodity for shellfish growers shut out from farming in coastal counties north and south of Topsail Island because of temporary and permanent leasing moratoriums.

“We’re not over here hatin’ on anybody,” Brittain said one morning in late May as he stood on the bow of his sleek 22-footer equipped with rods, reels, tackle and other amenities advertised on his fishing guide website. “We don’t own the water. We’re out here sharing it with everyone else.”

Brittain, who owns Spring Tide Guide Service, has been fishing the waters around Topsail Island and the New River for more than 35 years. He’s witnessed firsthand the changes to the barrier island and adjacent mainland areas during that time, where development has exploded on the land and off.

It’s the latter he invited to show North Carolina Coastal Federation Coastal Management Program Director Kerri Allen during a listening session the nonprofit and North Carolina Sea Grant hosted in Surf City on April 14. The meeting was opened to Topsail Island officials, residents, and business owners like Brittain to discuss their experiences with shellfish leases, which have in recent years become contentious as more and more have been permitted.

The Coastal Federation, which publishes Coastal Review, will host an informal presentation and listening session for shellfish growers in September.

Allen; Lela Schlenker, the Coastal Federation’s newest coastal advocate; Capt. Mike Oppegaard, owner of Native Son Guide Service out of Hampstead; and this reporter joined Brittain on a warm, sunny mid-weekday morning on his boat for a tour through the sounds.

Our first stop of the tour was at a large bay punctuated by fields of white PVC pipes marking water column shellfish leases where lines of floating cages poke from the water’s surface.

Brittain didn’t hold back his feelings about the pipes, saying he is “sick of explaining” to curious customers why they’re there. Even so, he complimented the grower of the shellfish lease we visited first.

“He actually runs a good operation,” Brittain said. “Nobody’s arguing that. We’re just overrun here.”

Today, nearly 190 shellfish leases are in the waters behind the 26-mile-long barrier island from the New River and its adjacent estuarine waters south to Topsail Sound. The number of water column leases and bottom shellfish leases in Onslow and Pender counties has increased by roughly 46% since 2018.

The rapid expansion of leases, particularly water column leases where gear must float more than 18 inches above the waterbed, has led in recent years to complaints about impacts to the viewsheds of waterfront properties, boating and kayaking access, and infringement on popular fishing spots.

Those mounting complaints from community members and local government officials who serve them have prompted calls for a temporary pause on new shellfish lease permits in waters behind the island.

State Rep. Ted Davis, R-New Hanover, in late April introduced legislation to extend that county’s 2019-imposed shellfish leasing moratorium by another five years through to July 1, 2031. A little more than two weeks after Davis put House Bill 1113 forward, a section was added to the proposed law to temporarily prohibit new shellfish leases “in certain areas” of Pender and Onslow counties.

And, more recently, the Atlantic Beach Town Council adopted a resolution urging the North Carolina General Assembly to extend Bogue Sound’s moratorium on new shellfish leases. That 2019 moratorium is set to expire July 1.

Allen told those who attended the April forum that a pause would give the Coastal Federation and Sea Grant more time to consult with residents, recreational waterway users, and shellfish growers. Their feedback would help shape future policies to protect the industry, secure its long-term sustainability, and resolve user conflicts, she said.

The Coastal Federation and Sea Grant plan are in the process of creating a Geographic Information System, or GIS, database pinpointing areas where leases may or may not be suitable in the waterways behind Topsail Island. That database is anticipated to be published next year.

Like most who’ve vocalized their concerns about the number of shellfish leases that have been permitted in the waters behind the island, Brittain and Oppegaard say they support the shellfish industry.

“Nobody thought through the issues we’re having now,” Oppegaard said. “We’re saturated. The number one issue is density.”

The large schools of drum that used to swim into the bay where Brittain first stopped once easily accommodated a handful of fishing boats at one time, he said.

“You’ll catch a fish here and there, but you don’t see big schools anymore,” he said. “You can’t pressure them so much or they’re going to leave.”

Oppegaard piped in, “I just quit coming in here.”

The men raised numerous questions regarding shellfish leases, including how aquaculture noise and cages impact fish movement, whether the volume of PVC pipes some growers use is necessary, why growers are not required to carry insurance, and whether farming operations can be moved farther away from shorelines.

“You really want the bank,” for fishing, Brittain said as he coasted along the landward side of Permuda Island Reserve, a narrow, roughly 1.5-mile-long undeveloped island in Stump Sound in Onslow County.

“If you look, it’s all leased up,” he said, pointing to rows of floating shellfish cages near portions of the island’s shoreline. “Every point and pocket has stuff on it now. We’re all pushed into tighter places where there’s actually fish. If we can just get some perimeters in place. We’re just overrun here.”

Next in the series: Leaseholders say they’re boxed in.

The popular expanse of undeveloped land known as ‘The Point’ at the south end of Topsail Island was ceremoniously transferred on Tuesday to the state, which will manage and protect the property.

North Carolina Department of Environmental Quality Secretary Reid Wilson joined officials with the North Carolina Land Trust and local beach towns, including Topsail Beach, on the oceanfront shore the Topsail Nature Preserve on Monday afternoon to officially mark the transfer.

“The Topsail Nature Preserve is a unique coastal resource and we are committed to protecting its natural integrity and maintaining responsible public access,” Wilson said. “Conserving places like this strengthens the long-term resilience of our coastal communities, protects natural habitats and preserves the natural features that help our coast adapt to changing environmental conditions.”

The ceremony turned the page in the newest chapter of the spit of pristine land in Topsail Beach, the southernmost town on the nearly 26 mile-long island that runs through Onslow and Pender counties.

The land had been in the center of a campaign by Topsail Island locals and long-time tourists who wanted to keep it free from development, a goal that was ultimately achieved when the Coastal Land Trust purchased nearly 100 acres of the privately owned property for $7.5 million in April of last year.

“The Coastal Land Trust is proud to have partnered with the Topsail community to help conserve the South End,” North Carolina Coastal Land Trust Executive Director Harrison Marks said in a release. “We are thrilled to see this remarkable coastal resource permanently protected for future generations under the stewardship of the State of North Carolina.”

The N.C. Division of Coastal Management will manage the preserve, which will remain open and accessible to the public, “with a continued emphasis on conservation, education and responsible recreation,” according to a DEQ release.

“Visitors are encouraged to follow posted guidelines designed to protect wildlife, sensitive habitats and the overall integrity of the site,” the release states.

The area will be managed in coordination with local and state partners and will include the implementation of best practices for coastal stewardship and opportunities for community engagement.

SURF CITY – Kerri Allen acknowledged early on what was also obvious to her audience.

“I do not need to tell anyone in here we have a really high density of leases,” the North Carolina Coastal Federation’s coastal management program director said. “In our public trust waters, when you have that many users, there are going to be conflicts.”

Several people sitting inside the Surf City Municipal Complex’s town council chambers that April 14 afternoon nodded in agreement, eager to share their thoughts on the subject.

With either temporary or permanent shellfish leasing moratoriums in North Carolina waters to its north and south, Topsail Island’s waters have become a hot commodity for oyster growers.

There are now nearly 190 shellfish leases in the waters behind the 26-mile-long barrier island from the New River and its adjacent estuarine waters south to Topsail Sound.

That’s a roughly 46% increase from the collective number of leases in 2018 in Onslow and Pender counties.

The squeeze put on the waters around Topsail Island has prompted ongoing calls for a temporary moratorium on new shellfish leases in the area.

The Topsail Island Shoreline Protection Commission, or TISPC, which is composed of elected officials from each of the island’s three towns – Topsail Beach, Surf City and North Topsail Beach – initiated a request for a temporary pause on leases more than a year ago. Commissioners in Onslow and Pender counties did the same.

Shellfish lease moratoriums in the state may be enacted only by the North Carolina General Assembly.

On April 10, 2025, Rep. Carson Smith, R-Pender, introduced legislation requiring a statewide study on shellfish leasing and the current lease moratorium.

House Bill 841 made it no further than the Senate’s Rules and Operations Committee.

“If there is a temporary moratorium, we don’t feel that’s unreasonable,” Allen said last week.

A pause would give the Coastal Federation and North Carolina Sea Grant more time to talk with those who live along and use the waters around the island and come up with suggestions to help shape future policy that would protect the industry, make it sustainable long term, and ease user conflicts, she said.

Additional focus groups, including one for shellfish growers, will be scheduled this fall.

Meanwhile, a temporary moratorium that has been repeatedly extended since it was first enacted in New Hanover County in 2019 is set to expire in July.

“It’s very reasonable to say if we were able to open up some of these other areas that could help alleviate the pressure that this area is seeing,” Allen said. “A lot of the oyster growers that we work with in this region live in New Hanover County and they would love not to have to drive up here to take care of their farms. We are actively trying to get New Hanover to not extend their moratorium. I do not have a good feel, one way or another, how that’s going to go yet, but we are having those conversations.”

Surf City Mayor Teresa Batts said officials on the island do not intend to wait for a decision before asking for a temporary moratorium.

“I know you’re going to go through the procedural steps, but the TISPC, we’re not going to sit back and wait,” she said. “If we see that New Hanover County is trying to extend their moratorium, then we’re going to try to slide in there on their session and piggyback on their moratorium.”

The Coastal Federation, which publishes Coastal Review, and North Carolina Sea Grant teamed up last year to launch a Geographic Information System, or GIS, database pinpointing areas where leases may or may not be suitable in the waterways behind Topsail Island. The GIS database is anticipated to be published next year.

Recommendations shared with the organizations will help shape the North Carolina Strategic Plan for Shellfish Mariculture, a plan commissioned by the General Assembly in 2017.

This document is effectively the state’s roadmap for a sustainable shellfish industry. It’s not meant to be a fixed document, rather one that evolves as the industry evolves and conditions change, Allen explained, adding, “which they very much have changed since 2017.”

In the years since, the state has seen a shift where shellfish farmers are using floating gear to grow oysters in the water column, a method that allows them to maximize the spaces in which they grow their product.

Unlike cages that are placed on the waterbed, those in water column leases poke up from the water’s surface.

And, as more water column leases have been granted, complaints have mounted about their impacts to the viewsheds of waterfront properties, boating and kayaking access, and infringement on popular fishing spots.

Fishing guide Capt. Ray Brittain offered to take Allen and N.C. Sea Grant Extension Director Frank López on his boat, and on his dime, to show them how the leases affect his business.

“There’s so many PVC pipes out there,” Brittain said. “You don’t need a thousand PVC pipes to mark,” a lease area. “We can’t fish in those. I mean, mark your outer edge to show people where it is, but a lot of it is just unnecessary stuff.”

Brittain was among nearly 30 attendees at the April 14 meeting, where participants were asked to break into two groups to discuss concerns and recommendations that will be documented and shared with local elected officials, legislators, and state agency officials.

Those at the meeting in Surf City last week touched on a host of issues, raising concerns related noise associated with shellfish farming activities, nighttime navigation around shellfish leases, the density of leases around Permuda Island Reserve, and linear placement of leases along estuary island shorelines blocking anglers from following fish.

Some asked for shellfish farmers to be required to carry liability insurance, while others suggested the North Carolina Division of Marine Fisheries create a more robust public notification system announcing lease applications that would include property owners whose land is within and adjacent to the viewshed of a proposed lease.

Other recommendations included an implementation of buffers by moving leases further from shorelines based on specific locations within a waterbody, potentially increasing lease fees, decreasing the length of time a lease is valid, and the possibility of commissioning studies on the impacts of floating cages on the ecosystem.

The Coastal Federation and Sea Grant are accepting comments online through the Stump Sound shellfish mariculture planning – stakeholder input form through Aug. 1.

Children’s activities, guest speakers, a “tea party” on the Intracoastal Waterway, demonstrations by weavers and spinners, an encampment of reenactors, and Virginia Reel dance lessons are all on the schedule for the Historical Society of Topsail Island’s celebration of America’s 250th Anniversary.

The event, “Colonial Topsail,” is set for 11 a.m. to 3 p.m. Saturday, Feb. 21, in the Historic Assembly Building, 720 Channel Blvd., Topsail Beach. There’s no cost to attend.

The opening ceremony will be hosted by a Thomas Jefferson reenactor and be joined by Topsail High School JROTC Coast Guard Color Guard, and the Tryon Palace Fife and Drum Corps.

There will be a Revolutionary War encampment in partnership with Moores Creek National Battlefield, and demonstrations by the Daughters of the American Revolution and Sons of the American Revolution.

Children’s activities begin at 11:30 a.m. with “What is Freedom?” and tea party, and from 12:30 to 3 p.m. colonial-themed crafts such as weaving, beading and whirligigs. Outdoor games include hoop races, hopscotch and jump rope. Activities are geared toward ages 4 to12.

A “Colonial Lunch” of Brunswick stew, cornbread, a drink, and dessert will be available for $12 per person from 11:30 a.m. to 1:30 p.m. Reservations are required and can be made through the society’s website.

The Missiles and More Museum will open from 11:30 a.m. to 3 p.m. that day.

“We are pleased to kick-off the America 250th anniversary with Colonial Topsail,” said Kim McClusky, the A250 committee chair, in a release. “Our region has significant Revolutionary War history. Colonial Topsail will be a fun, family-friendly, awareness-raising, celebration of our history.”