S*0614(Rat #0300, Act #0275 of 1996)  General Bill, By McConnell
 A Bill to amend Section 50-17-370, as amended, Code of Laws of South Carolina,
 1976, relating to the designation of areas for the gathering of oysters, so as
 to include clams, provide for persons who may gather the oysters and clams,
 revise the requirements for designation and maintenance of the areas, and
 provide requirements for critical areas designated as public shellfish
 grounds.

   03/08/95  Senate Introduced and read first time SJ-8
   03/08/95  Senate Referred to Committee on Fish, Game and Forestry SJ-8
   04/20/95  Senate Committee report: Favorable Fish, Game and
                     Forestry SJ-16
   04/25/95  Senate Read second time SJ-30
   04/26/95  Senate Read third time and sent to House SJ-39
   04/26/95  House  Introduced and read first time HJ-101
   04/26/95  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-101
   03/20/96  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-7
   03/27/96  House  Debate adjourned until Thursday, March 28, 1996 HJ-41
   03/28/96  House  Debate adjourned until Tuesday, April 2, 1996 HJ-18
   04/02/96  House  Amended HJ-12
   04/02/96  House  Read second time HJ-13
   04/03/96  House  Read third time and returned to Senate with
                     amendments HJ-12
   04/04/96  Senate Concurred in House amendment and enrolled SJ-21
   04/30/96         Ratified R 300
   05/06/96         Signed By Governor
   05/06/96         Effective date 05/06/96
   05/29/96         Copies available
   05/29/96         Act No. 275

AN ACT TO AMEND SECTION 50-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF AREAS FOR THE GATHERING OF OYSTERS, SO AS TO INCLUDE CLAMS, PROVIDE FOR PERSONS WHO MAY GATHER THE OYSTERS AND CLAMS, REVISE THE REQUIREMENTS FOR DESIGNATION AND MAINTENANCE OF THE AREAS, AND PROVIDE REQUIREMENTS FOR CRITICAL AREAS DESIGNATED AS PUBLIC SHELLFISH GROUNDS.

Be it enacted by the General Assembly of the State of South Carolina:

Regulation on gathering clams

SECTION 1. Section 50-17-370 of the 1976 Code, as amended by Section 1265, Act 181 of 1993, is further amended to read:

"Section 50-17-370. (A) The Department of Natural Resources may designate and shall maintain areas where persons holding or exempted from holding a marine recreational fishing stamp as required by Chapter 20 of this title may gather, for personal use, not more than two United States bushels of oysters or one-half bushel of clams, or both, in a day. The open areas must be located preferably at or near public landings. In no instance may the Department of Natural Resources designate any area which is located within one thousand feet of any developable highland property as a public shellfish ground. Areas designated prior to January 1, 1996, are exempt from the siting provision of this section.

(B) No area containing a structure permitted by the Department of Health and Environmental Control under Section 48-39-130(C) may be designated pursuant to this section. The Department of Health and Environmental Control may not issue a permit pursuant to Section 48-39-130 for utilization of a critical area designated as a public shellfish ground.

(C) The Department of Natural Resources clearly shall mark and identify the open areas so the public readily may recognize them as open areas. The Department of Natural Resources is responsible for the maintenance of the signs. A person gathering shellfish in or on the designated public shellfish grounds for commercial purposes or gathering in excess of the statutory limit set forth in this section, upon conviction, must be punished as provided in Section 50-17-100."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 6th day of May, 1996.