South Carolina Code of Laws
Current through the end of the 2015 Session


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Title 46 - Agriculture


Aquaculture Permit Assistance Office

SECTION 46-51-10. Aquaculture Permit Assistance Office created; permit facilitator to be designated; powers and duties.

There is created within the Department of Agriculture an Aquaculture Permit Assistance Office. A permit facilitator must be designated by the Commissioner of Agriculture to carry out the functions of the Aquaculture Permit Assistance Office. The permit facilitator shall provide a potential aquaculturist with such information, services, and assistance as may be necessary including, but not limited to:

(1) assistance in obtaining all permits from the various permitting agencies required to operate an aquaculture operation;

(2) technical assistance from the various state and private agencies and institutions involved in aquaculture research;

(3) assistance throughout the entire permit process and information concerning changes to a state or federal law or regulation which may affect the outcome of a permit application or change the permitting process;

(4) application forms.

HISTORY: 1988 Act No. 587, Section 1, eff June 3, 1988.

Editor's Note

The Preamble of 1988 Act No. 587, provides as follows:

"Whereas, aquaculture is an important form of both fisheries and agriculture. The Department of Agriculture will be responsible for coordination of promotion and marketing of aquaculture development in the State and for facilitating acquisition of aquaculture permits. The Wildlife and Marine Resources Department will be responsible for aquacultural law enforcement and coordination of research and development. Both agencies shall coordinate their respective efforts with all other agencies of state government."

SECTION 46-51-20. Single application form for all permitting agencies to be established.

Within ninety days after the creation of the office the facilitator shall meet with the director of the Department of Health and Environmental Control, the director of the South Carolina Department of Natural Resources and the director of the Department of Administration to establish one application form which must be used by all the permitting agencies when a potential aquaculturist is seeking permits, licenses, and certifications to begin an aquaculture operation. The permit facilitator shall recognize the value and integrity of the permitting programs of each of the state's regulatory agencies listed above and seek to maintain the division of authority.

HISTORY: 1988 Act No. 587, Section 1, eff June 3, 1988; 1993 Act No. 181, Section 1165, eff July 1, 1994.

Code Commissioner's Note

At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.

Effect of Amendment

The 1993 amendment substituted "director of the Department of Health and Environmental Control, the director of the South Carolina Department of Natural Resources" for "commissioner of the Department of Health and Environmental Control, the executive director of the South Carolina Coastal Council, the executive director of the Water Resources Commission, the executive director or the Wildlife and Marine Resources Department,".

SECTION 46-51-30. Procedure to obtain permits.

An individual seeking to obtain the necessary permits to begin an aquaculture operation must be directed to the Aquaculture Permit Assistance Office to complete an application and provide all information required by the permitting agencies to process the application and render a decision.

HISTORY: 1988 Act No. 587, Section 1, eff June 3, 1988.

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