South Carolina General Assembly
107th Session, 1987-1988

Bill 1281


                    Current Status

Bill Number:               1281
Ratification Number:       674
Act Number                 587
Introducing Body:          Senate
Subject:                   Creation of the Aquaculture Permit
                           Assistance Office
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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.