(a) Any qualified person, firm or corporation desiring to conduct any type of exploration, recovery or salvage operations, in the course of which any part of a derelict vessel or its contents or other archaeological site may be removed, displaced or destroyed, shall first make application to the Department of Natural and Cultural Resources and obtain a permit or license to conduct such operations. If the Department of Natural and Cultural Resources shall find that the granting of such permit or license is in the best interest of the State, it may grant such applicant a permit or license for such a period of time and under such conditions as the Department may deem to be in the best interest of the State. Such permit or license may include but need not be limited to any of the following:
(1) Payment of monetary fee to be set by the Department.
(2) That a portion or all of the historic material or artifacts be delivered to custody and possession of the Department.
(3) That a portion of all of such relics or artifacts may be sold or retained by the licensee.
(4) That a portion or all of such relics or artifacts may be sold or traded by the Department.
Permits or licenses may be renewed upon or prior to expiration upon such terms as the applicant and the Department may mutually agree. Holders of permits or licenses shall be responsible for obtaining permission of any federal agencies having jurisdiction, including the United States Coast Guard, the United States Department of the Navy and the United States Army Corps of Engineers prior to conducting any salvaging operations.
(b) Repealed by Session Laws 2023-70, s. 11, effective June 30, 2023. (1967, c. 533, s. 4; 1973, c. 476, s. 48; 2005-367, s. 2; 2015-218, s. 4(a); 2015-241, s. 14.30(s); 2016-94, s. 16.2; 2023-70, s. 11.)
Notes of Decisions
Frederick Allen v. Roy Cooper, 895 F.3d 337 (4th Cir. 2018).
· cites it 3× “Allen and Nautilus also seek to declare unconstitutional a 2015 state law- N.C. Gen. Stat. § 121-25 (b) (providing that photographs and video recordings of shipwrecks in the custody of North Carolina are public records)-which Allen and Nautilus claim was enacted in bad faith to…”
Allen v. Cooper, 244 F. Supp. 3d 525 (E.D.N.C. 2017).
· cites it 15× “N.C. Gen. Stat. § 121-25 (b). The full text of the amended statute at the time of the filing of the complaint read as follows: (b) All photographs, video recordings, or other documentary materials of a derelict vessel or shipwreck or its contents, relics, artifacts, or historic…”
Allen v. McCrory (E.D.N.C. 2021).
· cites it 3× “N.C. Gen. Stat. § 121-25 (b). In their complaint and amended complaint, plaintiffs sought a declaratory judgment that § 121-25(b) is void and unenforceable because it is preempted by the Copyright Remedy Clarification Act (CRCA), 17 U.”
Intersal, Inc. v. Hamilton, 2017 NCBC 95 (N.C. Bus. Ct. 2017).
· cites it 4× “) State Defendants argue that Judge Ridgeway’s Order, holding that DNCR had properly denied the El Salvador permit under G.S. § 121-25 because issuing the permit was not in the best interest of the State, is a final decision on the merits that precludes Plaintiff from…”
Frederick Allen v. Joshua Stein (4th Cir. 2026).
· cites it 2× “7, 2016), Allen refers to N.C. Gen. Stat. § 121-25 (b) in these proceedings as “Blackbeard’s 1 Law.”
— N.C. Gen. Stat. § 121-25(B) — 1 case
Allen v. McCrory (E.D.N.C. 2021).
“N.C. Gen. Stat. § 121-25 (b). In their complaint and amended complaint, plaintiffs sought a declaratory judgment that § 121-25(b) is void and unenforceable because it is preempted by the Copyright Remedy Clarification Act (CRCA), 17 U.”
— N.C. Gen. Stat. § 121-25(a) — 1 case
Intersal, Inc. v. Hamilton, 2017 NCBC 95 (N.C. Bus. Ct. 2017).
“) State Defendants argue that Judge Ridgeway’s Order, holding that DNCR had properly denied the El Salvador permit under G.S. § 121-25 because issuing the permit was not in the best interest of the State, is a final decision on the merits that precludes Plaintiff from…”
— N.C. Gen. Stat. § 121-25(b) — 1 case
Allen v. Cooper, 244 F. Supp. 3d 525 (E.D.N.C. 2017).
“N.C. Gen. Stat. § 121-25 (b). The full text of the amended statute at the time of the filing of the complaint read as follows: (b) All photographs, video recordings, or other documentary materials of a derelict vessel or shipwreck or its contents, relics, artifacts, or historic…”
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