South Carolina § 50-5-997 Shellfish mariculture permittees; out-of-season harvest permits.

South Carolina Statutes

§ 50-5-997 — Shellfish mariculture permittees; out-of-season harvest permits.

South Carolina § 50-5-997

Title 50FISH, GAME AND WATERCRAFT

Ch. 5MARINE RESOURCES ACT

This text of South Carolina § 50-5-997 (Shellfish mariculture permittees; out-of-season harvest permits.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 50-5-997 (2026).

Text

(A)The department may issue an out-of-season harvest permit to a Shellfish Mariculture permittee for the privilege of harvesting or selling maricultured shellfish out of season. The department may consider a permittee's past compliance with the provisions of this chapter in making its determination to issue an out-of-season harvest permit.

(B)In order to obtain an out-of-season harvest permit, a mariculture permittee must provide the following to the department:

(1)a shellfish operations plan that meets requirements established by regulations promulgated by the South Carolina Department of Health and Environmental Control pursuant to Section 44-1-140; and (2) a list of authorized harvesters and wholesale dealers that will possess the permittee's out-of-season shellfish.

(C)Out-of-seaso

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(A) The department may issue an out-of-season harvest permit to a Shellfish Mariculture permittee for the privilege of harvesting or selling maricultured shellfish out of season. The department may consider a permittee's past compliance with the provisions of this chapter in making its determination to issue an out-of-season harvest permit. (B) In order to obtain an out-of-season harvest permit, a mariculture permittee must provide the following to the department: (1) a shellfish operations plan that meets requirements established by regulations promulgated by the South Carolina Department of Health and Environmental Control pursuant to Section 44-1-140; and (2) a list of authorized harvesters and wholesale dealers that will possess the permittee's out-of-season shellfish. (C) Out-of-season harvest permits issued pursuant to this section may include conditions related to: (1) harvest times and harvest areas; (2) species; (3) testing; (4) reporting, record keeping, and inspection requirements; (5) genetic strains including ploidy; (6) tagging; (7) authorized harvesters; and (8) protection of the natural resources of this State. (D) An authorized harvester acting under the provisions of a permittee's out-of-season harvest permit must first complete any shellfish training required by regulations promulgated by the South Carolina Department of Health and Environmental Control pursuant to Section 44-1-140. A Mariculture permittee must ensure that an authorized harvester acting under the permittee's out-of-season harvest permit abides by the conditions of the permit, receives proper training, and holds all required permits and licenses. (E) The department may suspend or revoke a mariculture permittee's out-of-season harvest permit for a violation of a permit condition by the permittee or by an authorized harvester of the permittee. The filing of a judicial appeal does not act as an automatic stay of enforcement of the out-of-season permit suspension or revocation.