Current Status Bill Number:
614Ratification Number: 300Act Number: 275Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19950308Primary Sponsor: McConnellAll Sponsors: McConnellDrafted Document Number: PFM\7133BDW.95Date Bill Passed both Bodies: 19960404Date of Last Amendment: 19960402Governor's Action: SDate of Governor's Action: 19960506Subject: 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 CommitteeView additional legislative information at the LPITS web site.
(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."
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 6th day of May, 1996.