§ 50-5-965 — Taking shellfish from bottoms designated for commercial harvest; individual harvester permits; written approvals; penalties.

(A) A person who takes shellfish from bottoms or waters designated for commercial harvest must possess an individual harvesting permit granted by the department if the person: (1) harvests or possesses quantities greater than those provided in this article for personal use; or (2) harvests for commercial purposes. (B) In order to obtain an individual harvesting permit, a person must be a licensed commercial saltwater fisherman, hold all other appropriate valid commercial licenses, and complete any shellfish training required by regulations promulgated by the South Carolina Department of Health and Environmental Control pursuant to Section 44-1-140. (C) Permits issued pursuant to this section may include conditions related to: (1) harvest dates and harvest areas; (2) shellfish size and quantity limits; (3) cull requirements; and (4) protection of the natural resources of this State. (D) The department may limit the number of areas not under Shellfish Culture Permit or Shellfish Mariculture Permit on which an individual may be permitted to harvest. (E) When bottoms or waters are under permit for shellfish culture or mariculture, permittees may allow persons to harvest shellfish from bottoms and waters permitted to him. In addition to the permit required in subsection (A), harvesters must possess written approval from the Shellfish Culture permittee or Shellfish Mariculture permittee in a form approved by the department. Culture and Mariculture permittees must provide approved harvesters with the written permission and must maintain accurate record of harvesters' names, addresses, and, if available, telephone numbers. (F) It is unlawful for a person to take or attempt to take shellfish in quantities greater than those for personal use provided in this article from any state-owned bottoms or waters without having in his possession a valid individual commercial harvesting permit granted to him. (G) It is unlawful for any person to take or attempt to take shellfish from state-owned bottoms or waters under permit for shellfish culture or mariculture without a valid individual harvester permit granted to him by the department. (H) A person who violates this section, or a condition of a permit issued pursuant to this section, is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days.

Legislative History

HISTORY: 2000 Act No. 245, SECTION 5; 2002 Act No. 342, SECTION 29; 2017 Act No. 30 (S.465), SECTION 4, eff May 10, 2017. Effect of Amendment 2017 Act No. 30, SECTION 4, amended and redesignated (G) as (B), relating to requirements for obtaining an individual harvester permit, inserted (C), relating to permit conditions, and redesignated accordingly; and in (H), inserted ", or a condition of a permit issued pursuant to this section,".