Current Status Bill Number:3997 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950412 Primary Sponsor:Seithel, All Sponsors:Seithel, Whatley, Hallman and Fulmer Drafted Document Number:pfm\7383bdw.95 Residing Body:House Current Committee:Agriculture, Natural Resources and Environmental Affairs Committee 20 HANR Subject:Wild live rock
Body Date Action Description Com Leg Involved
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House 19950412 Introduced, read first time, 20 HANR
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-107 SO AS TO PROHIBIT THE REMOVAL, HARVEST, LANDING, OR TAKING OF WILD "LIVE ROCK" FROM STATE WATERS, DEFINE TERMS, AND PROVIDE EXCEPTIONS, REQUIREMENTS FOR THE DEPARTMENT OF NATURAL RESOURCES, AND FOR PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 50-17-107. (A) As used in this section:
(1) `Live rock' means living marine organisms or an assemblage of them attached to a hard substrate including dead coral or rock. Living marine organisms associated with hard bottoms, banks, reefs, and live rock include, but are not limited to:
(a) sea anemones (Phylum CNIDARIA: Class Anthozoa: Order Actinaria);
(b) sponges (Phylum PORIFERA);
(c) tube worms (Phylum ANNELIDA) including fan worms, feather duster worms, and Christmas tree worms;
(d) bryozoans (Phylum BRYOZOA);
(e) sea squirts (Phylum CHORDATA);
(f) marine algae including mermaid's fan and cups (Udotea spp.), corraline algae, green feather and green grape algae (Caulerpa spp.), and watercress (Halimeda spp.).
(2) `Wild live rock' means live rock which exists naturally including, but not limited to, limestone outcroppings, rubble rock, algae rock, false coral, and sea mat which have developed, accreted, or built up as a result of natural processes. It includes erect, nonencrusting species of the subclass Octocorallia. Organisms which grow or become attached to rock jetties, groins, artificial reefs, or other structures specifically are considered wild live rock despite the fact that the substrate may have been deposited as a result of human activities.
(3) `Cultured live rock' means a type of live rock which has been produced as a result of cultivation under controlled conditions, as in aquaculture operations. Live rock culture specifically entails the deposition of substrate materials for the express purpose of removing the material at a later date for use, sale, or trade as live rock.
(4) `Department' means the South Carolina Department of Natural Resources.
(5) `State waters' means all waters owned or controlled by the State, including coastal tidelands and waters and ocean waters from the mean high-tide mark out to three nautical miles offshore.
(B) The department may issue permits, under its discretion, to remove wild live rock solely for scientific or educational purposes.
(C) 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 miles or less offshore;
(3) promulgate regulations to guide the operation, maintenance, and harvesting activities of live rock culture operations.
(D) 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.
(E) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than six months, or both, and fined not more than ten thousand dollars or imprisoned not more than one year, or both, for each subsequent offense."
SECTION 2. This act takes effect upon approval by the Governor.