Bill 614

                    Current Status

Bill Number:                    614
Ratification Number:            300
Act Number:                     275
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19950308
Primary Sponsor:                McConnell 
All Sponsors:                   McConnell 
Drafted Document Number:        PFM\7133BDW.95
Date Bill Passed both Bodies:   19960404
Date of Last Amendment:         19960402
Governor's Action:              S
Date of Governor's Action:      19960506
Subject:                        Oysters and clams

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

------  19960515  Act No. A275
------  19960506  Signed by Governor
------  19960430  Ratified R300
Senate  19960404  Concurred in House amendment, 
                  enrolled for ratification
House   19960403  Read third time, returned to Senate
                  with amendment
House   19960402  Amended, read second time
House   19960328  Debate adjourned until
                  Tuesday, 19960402
House   19960327  Debate adjourned until
                  Thursday, 19960328
House   19960320  Committee report: Favorable with         20 HANR
                  amendment
House   19950426  Introduced, read first time,             20 HANR
                  referred to Committee
Senate  19950426  Read third time, sent to House
Senate  19950425  Read second time
Senate  19950420  Committee report: Favorable              07 SFGF
Senate  19950308  Introduced, read first time,             07 SFGF
                  referred to Committee

(A275, R300, S614)

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.