§ 50-5-2305 — Permit to remove live wild rock; penalty.

(A) The department may grant permits to remove wild live rock solely for scientific or educational purposes. (B) The department shall: (1) facilitate the aquaculture of live rock in state waters; (2) establish a permitting system to enable interested parties to establish live rock culture operations within state waters, including ocean waters from three nautical miles or less offshore; and (3) promulgate regulations to guide the operation, maintenance, and harvesting activities of live rock culture operations. (C) It is unlawful for a person to engage in a directed effort to catch, take, remove, or harvest wild live rock from state waters for the purposes of sale or trade. The incidental take of wild live rock during trawling operations and the taking of wild live rock washed ashore and deposited upon a beach or shoreface are activities which are exempt from these restrictions if these exempt activities are not a directed effort to take wild live rock. (D) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than thirty days for the first offense, and fined not more than ten thousand dollars or imprisoned not more than one year, or both, for each subsequent offense.

Legislative History

HISTORY: 2000 Act No. 245, SECTION 12.