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COMMITTEE REPORT
May 21, 2008
S. 1150
S. Printed 5/21/08--H.
Read the first time April 1, 2008.
To whom was referred a Bill (S. 1150) to amend Section 50-13-1630 of the 1976 Code, relating to unlawful importation, possession, or selling of certain fish and special permits for research, to provide, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
WILLIAM D. WITHERSPOON for Committee.
TO AMEND SECTION 50-13-1630 OF THE 1976 CODE, RELATING TO UNLAWFUL IMPORTATION, POSSESSION, OR SELLING OF CERTAIN FISH AND SPECIAL PERMITS FOR RESEARCH, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MUST PERFORM A STERILITY TEST ON WHITE AMUR OR GRASS CARP HYBRIDS PERMITTED TO BE RELEASED INTO THE WATERS OF THIS STATE, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE A FEE FOR THE STERILITY TEST TO OFFSET THE COSTS OF THE STERILITY TEST, TO PROVIDE THAT THE DEPARTMENT MAY ISSUE A PERMIT FOR THE IMPORTATION, BREEDING, AND POSSESSION OF NON-STERILE WHITE AMUR OR GRASS CARP HYBRIDS, AND TO PROVIDE THAT NON-STERILE WHITE AMUR AND GRASS CARP HYBRIDS IMPORTED, BRED, OR POSSESSED MAY NOT BE RELEASED INTO THE WATERS OF THIS STATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-13-1630 of the 1976 Code is amended to read:
"Section 50-13-1630. (A) A person may not possess, sell, offer for sale, import, bring, or cause to be brought or imported into this State or release into the waters of this State the following fish or eggs of the fish:
(1) carnero or candiru catfish (Vandellia cirrhosa);
(2) freshwater electric eel (Electrophorus electricus);
(3) white amur or grass carp (Ctenopharyngodon idella);
(4) walking catfish or a member of the clariidae family (Clarias, Heteropneustea, Gymnallabes, Channallabes, or Heterobranchus genera);
(5) piranha (all members of Serrasalmus, Rooseveltiella, and Pygocentrus genera);
(6) stickleback;
(7) Mexican banded tetra;
(8) sea lamprey;
(9) rudd (Scardinius erythrophtalmu-Linneaus); and
(10) snakehead (all members of family Channidae).
(B) The department may issue special import permits to qualified persons for research and education only.
(C)(1) The department may issue special permits for the stocking of nonreproducing sterile white amur or grass carp hybrids in the waters of this State. The special permits must certify that the permitee's white amur or grass carp hybrids have been tested and determined to be sterile. The department may charge a fee of one dollar for each white amur or grass carp hybrid that measures five inches or longer or twenty-five cents for each white amur or grass carp hybrid that measures less than five inches. The fee collected for sterility testing must be retained by the department and used to offset the costs of the testing.
(2) The department is authorized to promulgate regulations to establish a fee schedule to replace the fee schedule contained in item (1) of this subsection. Upon these regulations taking effect, the fee schedule contained in item (1) of this subsection no longer applies.
(D) The department may issue special permits for the importation, breeding, and possession of non-sterile white amur or grass carp hybrids. The permits must be issued pursuant to the requirements contained in Chapter 18 of this title. Provided, however, that no white amur or grass carp hybrids imported, bred, or possessed pursuant to a special permit issued pursuant to this section may be stocked in the waters of this State except as provided in subsection (C) of this section.
(D)(E) It is unlawful to take grass carp from waters stocked as permitted by this section. Grass carp caught must be returned to the water from which it was taken immediately.
(E)(F) The department must prescribe the qualifications, methods, controls, and restrictions required of a person or his agent to whom a special permit is issued. The department must condition all permits issued under this section to safeguard public safety and welfare and prevent the introduction into the wild or release of nonnative species of fish or other organisms into the waters of this State. The department may promulgate regulations necessary to effectuate this section and specifically to prohibit additional species of fish from being imported, possessed, or sold in this State when the department determines the species of fish are potentially dangerous."
SECTION 2. This act takes effect upon approval by the Governor.
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