Bill 4335

                    Current Status

Bill Number:                    4335
Ratification Number:            341
Act Number:                     303
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19960109
Primary Sponsor:                Sharpe 
All Sponsors:                   Sharpe, Seithel, Sandifer, Riser
Drafted Document Number:        PFM\7711BDW.96
Date Bill Passed both Bodies:   19960411
Date of Last Amendment:         19960402
Governor's Action:              U  Became law without signature of
                                Governor
Date of Governor's Action:      19960507
Subject:                        Shellfish, importation of

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960515  Act No. A303
------  19960507  Unsigned, became law without
                  signature of Governor
------  19960430  Ratified R341
House   19960411  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  19960403  Read third time, returned to House
                  with amendment
Senate  19960402  Amended, read second time
Senate  19960328  Committee report: Favorable with         07 SFGF
                  amendment
Senate  19960227  Introduced, read first time,             07 SFGF
                  referred to Committee
House   19960223  Read third time, sent to Senate
House   19960222  Unanimous consent for third
                  reading on the next Legislative day
House   19960222  Read second time
House   19960221  Committee report: Favorable              20 HANR
House   19960109  Introduced, read first time,             20 HANR
                  referred to Committee
House   19951206  Prefiled, referred to Committee          20 HANR

(A303, R341, H4335)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-357 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR IMPORTATION OF SHELLFISH.

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

Shellfish, regulation of

SECTION 1. The 1976 Code is amended by adding:

"Section 50-17-357. (A) No individual or corporation may import molluscan shellfish, shellfish tissues, or shells into this State for the purpose of placing them in natural waters or waters connected to natural waters except under the provisions of a shellfish importation permit issued by the department nor may any individual or corporation place any imported molluscan shellfish, shellfish tissues, or shells in natural waters or waters connected to natural waters without a shellfish importation permit issued by the department.

(B) The department may issue permits to individuals or corporations to import molluscan shellfish, shellfish tissues, or shells into South Carolina for commercial or experimental purposes or to place such imported molluscan shellfish, shellfish tissues, or shells into natural waters or water connected to natural waters, or both. Before issuing a permit, the department may consider other permits previously issued by the department and other provisions of Title 50. Permits may include conditions related to:

(1) the type or species of mollusks to be imported;

(2) the structure and placement of holding or storage facilities;

(3) the placement of the product in natural waters of the State;

(4) the disposal of shellfish, shellfish parts, and associated biota;

(5) reporting requirements;

(6) cleanup, removal, or disposal of imported shellfish or any other corrective action deemed necessary by the department resulting from improper, unapproved, or illegal actions by the permittee; and

(7) the inspection or testing of shellfish with respect to disease, parasites, or associated biota.

(C) An individual or corporation who imports molluscan shellfish, shellfish tissues, or shells for a commercial or experimental purpose to place in natural waters or waters connected to natural waters or an individual or corporation who places imported molluscan shellfish, shellfish tissues, or shells in natural waters or waters connected to natural waters without being properly permitted, or both, or who fails to meet the conditions of a permit is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than thirty days. The department may revoke a permit issued under this section if a condition of that permit is violated. The department may require an individual or corporation convicted of a violation of this section to correct damages to the marine resource as determined by the department or pay the department for all costs associated with cleanup or corrective actions resulting from the violator's actions."

Time effective

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

Became law without the signature of the Governor -- 5/7/96.