(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.
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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.