S*1281 Session 107 (1987-1988)
S*1281(Rat #0674, Act #0587 of 1988) General Bill, By J.M. Long, W.W. Doar,
T.E. Garrison, Peeler and J.M. Waddell
Similar(H 4035)
A Bill to amend Title 46, Code of Laws of South Carolina, 1976, by adding
Chapter 51 so as to create the Aquaculture Permit Assistance Office and to
provide for its powers and duties; and to amend Title 50 of the 1976 Code by
adding Chapter 18 so as to permit and regulate the production and sale of
reciprocal hybrid to qualified aquaculture operations.-amended title
03/08/88 Senate Introduced and read first time SJ-8
03/08/88 Senate Referred to Committee on Agriculture and Natural
Resources SJ-9
03/31/88 Senate Recalled from Committee on Agriculture and
Natural Resources SJ-8
04/05/88 Senate Amended SJ-23
04/05/88 Senate Read second time SJ-23
04/06/88 Senate Read third time and sent to House SJ-133
04/07/88 House Introduced and read first time HJ-2561
04/07/88 House Referred to Committee on Agriculture and Natural
Resources HJ-2561
05/04/88 House Committee report: Favorable with amendment
Agriculture and Natural Resources HJ-3514
05/10/88 House Amended HJ-3642
05/10/88 House Read second time HJ-3651
05/11/88 House Objection by Rep. Hendricks, Simpson, Helmly &
Tucker HJ-3678
05/19/88 House Objection withdrawn by Rep. Hendricks & Simpson HJ-3907
05/24/88 House Read third time HJ-4000
05/24/88 House Returned HJ-4000
05/26/88 Senate House amendment amended SJ-6
05/26/88 Senate Returned SJ-16
05/30/88 House Concurred in Senate amendment and enrolled HJ-4280
05/31/88 Ratified R 674
06/03/88 Signed By Governor
06/03/88 Effective date 06/03/88
06/03/88 Act No. 587
06/17/88 Copies available
(A587, R674, S1281)
AN ACT TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
CHAPTER 51 SO AS TO CREATE THE AQUACULTURE PERMIT ASSISTANCE OFFICE AND TO
PROVIDE FOR ITS POWERS AND DUTIES; AND TO AMEND TITLE 50 OF THE 1976 CODE BY
ADDING CHAPTER 18 SO AS TO PERMIT AND REGULATE THE PRODUCTION AND SALE OF
RECIPROCAL HYBRID TO QUALIFIED AQUACULTURE OPERATIONS.
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. Now, therefore
Be it enacted by the General Assembly of the State of South Carolina:
Aquaculture Permit Assistance Office
SECTION 1. Title 46 of the 1976 Code is amended by adding:
"CHAPTER 51
Aquaculture Permit Assistance Office
Section 46-51-10. 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.
Section 46-51-20. Within ninety days after the creation of the office the
facilitator shall meet with the 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 of the Wildlife and Marine Resources Department, and the executive
director of the State Budget and Control Board 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.
Section 46-51-30. 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."
Regulation of reciprocal hybrid striped bass aquaculture
SECTION 2. Title 50 of the 1976 Code is amended by adding:
"CHAPTER 18
Aquaculture
Article 1
Reciprocal Hybrid Striped Bass
Section 50-18-10. When used in this chapter:
(1) Reciprocal hybrid means the progeny resulting from cross-breeding a
striped bass male with a white bass female.
(2) Fingerling means a postlarval fish less than one year old not exceeding
four inches in total length which has all the characteristics of the adult fish.
(3) Aquaculturist means an individual, corporation, cooperative, partnership,
company, or entity that engages in aquaculture.
(4) Trafficking means the processing, buying, selling, bartering, trading,
exchanging, or offering or exposing for sale, barter, trade, or exchange, or
otherwise acquiring or disposing of a species.
(5) Department means the South Carolina Wildlife and Marine Resources
Department or its authorized agent.
(6) Product means the meat, organs, flesh, skin, fry, eggs, gametes,
fingerlings, or skeleton of a hybrid which is fresh, frozen, dried, smoked,
cured, or cooked that is whole or mutilated or parts of them.
(7) Aquaculture means the controlled cultivation of aquatic species in
confinement, including breeding, spawning, rearing, and growing out either alone
or in combination and trafficking in the species.
(8) Retailer means a person that sells directly to the ultimate consumer, not
for resale.
(9) Wholesaler means a person that sells products to licensed retailers,
jobbers, dealers, or other wholesalers for resale but does not sell to users or
consumers.
(10) Processor means a person that engages in cutting, dressing, mutilating,
filleting, freezing, or packaging of products other than those prepared at
establishments for serving as food for consumption on the premises.
(11) Distributor means a person including a wholesaler, retailer, or processor
who ships, transports, or distributes for market any products.
(12) Ultimate consumer means a person who purchases or receives an aquaculture
product for his consumption and not for resale.
(13) Santee-Cooper strain means the genetic strain of striped bass indigenous
to the Santee-Cooper Lake System of South Carolina.
(14) Business establishment means a location where the trafficking of an
approved aquaculture species takes place.
Section 50-18-20. The department may permit the production and sale of
reciprocal hybrids in this State by qualified aquaculture operations.
Before engaging in a business trafficking in reciprocal hybrid, a person first
shall obtain at no cost a permanent certificate of permission from the department
to be issued upon request. Before engaging in a business of producing or
processing reciprocal hybrid, a person first shall obtain a permit from the
department for an annual fee of one hundred dollars. Application for permits or
certificates of permission must be made on forms provided by the department.
Every business establishment is required to be permitted. A permit or
certificate of permission required by this chapter must be conspicuously
displayed.
Permits issued under this section must include the species utilized, conditions
and specifications for aquaculture facilities and ponds, requirements for the
possession, taking, holding, transporting, importing, or exporting a reciprocal
hybrid, production reporting requirements, and other provisions that the
department determines to be necessary. The department and its agents may inspect
all facilities, vehicles, boats, and operations of an applicant or person who has
been issued a permit or certificate of permission and inspect and sample during
business hours a product being possessed, processed, cultured, transported, or
offered for sale.
Section 50-18-30. When reciprocal hybrid is sold or transferred between
permitted persons, the documentation of the transactions must show the permit
number of both parties and the number and total poundage of the product
transferred. The documentation must be maintained by both parties for three
years.
Section 50-18-40. If a person has in his possession or at his facility a
striped bass not certified by the department as to the genetic strain approved
for use in this State or a hybrid not approved for use in this State, the species
must be destroyed at the discretion of the department. The possessor is
responsible for the cost and liability for the destruction and disposal of the
illegal product. No striped bass or hybrid may be placed or released into any
waters of the State without a permit issued by the department.
Section 50-18-50. (A) Brood stock may be acquired for aquaculture operations
from the waters of the State only in the following manner:
(1) Game fish must be taken by hook and line only as described in Section
50-13-10.
(2) The department may restrict the taking of brood stock in an area where
competition or interference with department activities may occur.
(3) Daily creel and size limits apply as set forth in this title.
(4) The department must be notified as approved by the department in advance
of the registration of the boats and location of persons attempting to take brood
stock.
(5) Only permanent employees or partners of an aquaculture operation may
engage in the acquisition of brood stock and no contractors, subcontractors, or
temporary employees may engage in or contract to acquire brood stock.
(6) Daily logs showing the number of fish acquired from the waters of the
State must be maintained and also must show from which area the fish are
harvested.
(7) Only farm-reared (cultured) striped bass may be sold for brood stock to
permitted persons only.
(B) Striped bass brood stock or fingerlings originating from out of state must
be certified as the Santee-Cooper strain by the department or agencies approved
by the department.
(C) Brood stock may be produced from wild or cultured fish.
Section 50-18-60. A person who possesses fingerlings of a reciprocal hybrid
shall maintain an invoice showing the person, including permit number, from whom
the fingerlings were acquired, the date of sale, the number of fish, and the
total poundage of the fish and the species. Invoices must be maintained by the
seller and the buyer for three years.
Section 50-18-70. Each shipment of reciprocal hybrid must be accompanied by
an invoice or other document showing the identification of the species, date, the
number, size, total poundage, and the receiver and the destination, along with
the name and address and permit number of the producer and the processor. If
live fish or eggs of an approved species are shipped into South Carolina from out
of state, the department must be notified eight hours in advance of the date and
time of shipment and of other information requested.
Section 50-18-80. Every motor vehicle, boat, or other transporting device
owned, leased, or controlled by the permittee and used in the business of
aquaculture must have a decal conspicuously attached to it in a manner prescribed
by the department. This section does not apply to businesses who are solely
common carriers, shippers, distributors, or retailers.
Section 50-18-90. (A) A person engaged in the business of aquaculture shall
maintain invoices on all approved aquaculture species which are bought, sold, or
transferred. The invoices must be maintained for three years.
(B) A person who produces reciprocal hybrid shall maintain invoices on feed
and other supplies for three years.
The department must be notified within twelve hours of a die-off in excess of
two hundred fifty fish.
Section 50-18-100. No trafficking in reciprocal hybrid is allowed unless the
products are tagged or labeled in the following manner:
(1) Whole or drawn (gilled and gutted) fish which are dead must be tagged
individually or otherwise marked or identified as provided for and approved by
the department before being transported from the facility where they are grown
or processed.
(2) Fish harvested out of state from permitted facilities may be transported
alive in water on properly permitted vehicles to processors without being tagged
with eight hours' prior notification to the department.
(3) Fish harvested in the State from permitted facilities may be transported
alive in water on properly permitted vehicles to processors without being tagged
with prior notification as approved by the department.
(4) All tags or labels must be affixed in the manner prescribed by the
department and remain attached until prepared for or by the ultimate consumer.
Section 50-18-110. No person may transfer, alter, damage, deface, tamper with,
reuse, counterfeit, or use in a fraudulent manner a tag, document, seal, label,
permit, or other instrument required by this chapter.
Section 50-18-120. A person who processes reciprocal hybrid must be permitted
by the department and shall maintain invoices on all fish which are bought, sold,
transferred, processed, or possessed in his facility. The invoice must show the
date, species, number, and poundage of all transactions. The invoice must show
the origin and destination of the product including permit numbers. If the
processor fillets or mutilates the product, the product must be tagged or sealed
as prescribed in this chapter before leaving the processing facility. All
invoices must be maintained for three years. The permitted facility shall allow
inspection and sampling by the department during business hours.
Section 50-18-130. All retailers, including restaurants, shall advertise
aquaculture species as 'farm raised' or a similar designation indicating the
origin of the product. Invoices must show the date, species, number, and
poundage of the product.
Section 50-18-140. A person who sells reciprocal hybrid for aquaculture shall
provide the buyer with an invoice showing his license number, date of sale,
species sold, number of fish sold, and total poundages. This section does not
apply to a retail business which sells the product directly to the ultimate
consumer. No business establishment may store or possess reciprocal hybrid
unless the tags or labels are affixed to them, but restaurants and businesses
engaged in the lawful sale of reciprocal hybrid may offer approved products for
sale if the labeled containers or tagged carcasses are retained until the time
of sale to the ultimate consumer.
Sealed containers containing twenty pounds or less of product must be labeled.
All tags or labels must be affixed in the manner prescribed by the department
and must remain attached until prepared by or for the ultimate consumer.
Section 50-18-150. A person outside of the State is required to obtain an
aquaculture permit before he sells, ships, or causes to be shipped into the State
reciprocal hybrid. A person who sells or ships reciprocal hybrid to a person in
South Carolina shall meet all requirements for sale. The department must be
notified eight hours in advance of a shipment coming into the State of live
reciprocal hybrid or eggs of reciprocal hybrid including the name and permit
number of the receiver. The out-of-state permittee shall retain copies of all
invoices showing date received, poundage, number, and the receiver for three
years. The permittee agrees to inspection during business hours.
Section 50-18-160. A person who transports reciprocal hybrid is required to
possess an invoice showing the number and the poundage of product possessed. If
the person transporting or possessing reciprocal hybrid is a common carrier or
trucking company he shall possess a bill of lading showing the shipper and
receiver and their aquaculture permit number. A person receiving for shipment
or possessing reciprocal hybrid agrees to inspection and sampling by the
department. The carrier of reciprocal hybrid agrees to inspection by his
acceptance of the product for shipment. A person receiving for shipment
reciprocal hybrid shall maintain invoices and bills of lading for three years.
No person may ship or transport a product unless the product is tagged properly
or labeled as prescribed by this chapter.
Section 50-18-170. It is unlawful for a person to possess a tag or label
required by this chapter unless it is attached to the product for which it is
designed. However, this section does not apply to the aquaculturist or the
processor.
Section 50-18-180. No person may traffick in striped bass or its hybrids or
product of them from the wild or from private waters not permitted as or for
aquaculture operations.
Section 50-18-190. No person may transfer, damage, vandalize, poison, steal,
or attempt to tamper, damage, vandalize, poison, or steal the products or
facilities of a permitted aquaculturist. No person may cast or cause to be cast
poison, impurities, or other substances which are injurious to reciprocal hybrid
into the waters or water supply for a permitted aquaculture facility. No person
may attempt to impair or impede an aquaculturist or his employees while in
pursuit of lawful activities associated with aquaculture.
Section 50-18-200. The penalties for violating the provisions of this chapter
are as follows:
For a first offense violation of any section, except Section 50-18-40, or if
the money or other consideration exchanged for the product is of a value of one
hundred dollars or less, the penalty must be a fine of not more than two hundred
dollars or imprisonment for no more than thirty days. If the money or other
consideration exchanged for the product is of a value of more than one hundred
dollars, the penalty must be a fine of not less than five hundred dollars nor
more than five thousand dollars or imprisonment for not less than thirty days nor
more than one year, or both. In addition, if the money or other consideration
is of a value of more than one hundred dollars, there is a penalty of twenty-five
dollars a fish or part of a fish, and the person convicted may lose the permit
or certificate of permission and all hunting and fishing privileges for one year
from the date of conviction.
For a second offense violation of any section, except Section 50-18-40, the
fine must be not less than one thousand dollars nor more than five thousand
dollars or imprisonment for not less than thirty days nor more than one year.
In addition, there is a penalty of twenty-five dollars a fish or part of a fish,
and the person convicted may lose the permit or certificate of permission and all
hunting and fishing privileges for three years from the date of conviction.
For a third or subsequent offense or for any violation of Section 50-18-40, the
fine must be five thousand dollars, no part of which may be suspended, or
imprisonment for one year, or both. In addition, there is a penalty of
twenty-five dollars a fish or part of a fish, and the person may lose the permit
or certificate of permission and all hunting and fishing privileges for three
years from the date of conviction. Also, all equipment used in the operation of
any aquaculture or processing business must be forfeited to the department. Any
items forfeited may be utilized or sold by the department as it considers
appropriate and the proceeds of all fines and forfeitures and the permit fees
provided for in Section 50-18-20 must be used to support the Aquaculture
Inspection and Enforcement Program of the department."
Time effective
SECTION 3. This act takes effect upon approval of the Governor. |