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A301, R357, S1150
Sponsors: Senator Verdin
Document Path: l:\s-res\dbv\021gras.kmm.doc
Introduced in the Senate on February 26, 2008
Introduced in the House on April 1, 2008
Last Amended on June 4, 2008
Passed by the General Assembly on June 4, 2008
Governor's Action: June 11, 2008, Signed
Summary: White amur and carp hybrids
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/26/2008 Senate Introduced and read first time SJ-4 2/26/2008 Senate Referred to Committee on Fish, Game and Forestry SJ-4 3/25/2008 Senate Committee report: Favorable with amendment Fish, Game and Forestry SJ-6 3/26/2008 Senate Committee Amendment Adopted SJ-21 3/26/2008 Senate Read second time SJ-21 3/27/2008 Senate Read third time and sent to House SJ-19 4/1/2008 House Introduced and read first time HJ-14 4/1/2008 House Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ-15 5/21/2008 House Committee report: Favorable Agriculture, Natural Resources and Environmental Affairs HJ-6 5/27/2008 House Amended HJ-20 5/27/2008 House Read second time HJ-21 5/28/2008 House Read third time and returned to Senate with amendments HJ-21 5/28/2008 Senate Non-concurrence in House amendment SJ-123 5/28/2008 House House insists upon amendment and conference committee appointed Reps. Mitchell, Duncan, and MA Pitts HJ-256 5/29/2008 Senate Conference committee appointed Verdin, Campsen, and Williams SJ-34 6/4/2008 House Conference report received and adopted HJ-30 6/4/2008 Senate Conference report adopted SJ-259 6/4/2008 Senate Ordered enrolled for ratification SJ-260 6/5/2008 Ratified R 357 6/11/2008 Signed By Governor 6/19/2008 Copies available 6/19/2008 Effective date 06/11/08 6/19/2008 Act No. 301
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VERSIONS OF THIS BILL
(A301, R357, S1150)
AN ACT TO AMEND SECTION 50-13-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL IMPORTATION, POSSESSION, OR SELLING OF CERTAIN FISH AND SPECIAL PERMITS FOR RESEARCH, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ISSUE SPECIAL PERMITS FOR THE STOCKING OF STERILE WHITE AMUR OR GRASS CARP HYBRIDS IN THE WATERS OF THIS STATE, TO PROVIDE THAT THE SPECIAL PERMITS MUST CERTIFY THAT THE PERMITEE'S WHITE AMUR OR GRASS CARP HYBRIDS HAVE BEEN TESTED AND DETERMINED TO BE STERILE, TO AUTHORIZE THE DEPARTMENT TO CHARGE FEES FOR THE WHITE AMUR OR GRASS CARP HYBRIDS PROVIDED BASED ON SIZE, AND TO PROVIDE THAT SUBJECT TO CERTAIN CONDITIONS THE DEPARTMENT MAY ISSUE SPECIAL PERMITS FOR THE IMPORTATION, BREEDING, AND POSSESSION OF NONSTERILE WHITE AMUR OR GRASS CARP HYBRIDS.
Be it enacted by the General Assembly of the State of South Carolina:
Sale and traffic of fish, importing, possessing, or selling white amur or grass carp hybrids
SECTION 1. Section 50-13-1630 of the 1976 Code is amended to read:
"Section 50-13-1630. (A) A person may not possess, sell, offer for sale, import, bring, or cause to be brought or imported into this State or release into the waters of this State the following fish or eggs of the fish:
(1) carnero or candiru catfish (Vandellia cirrhosa);
(2) freshwater electric eel (Electrophorus electricus);
(3) white amur or grass carp (Ctenopharyngodon idella);
(4) walking catfish or a member of the clariidae family (Clarias, Heteropneustea, Gymnallabes, Channallabes, or Heterobranchus genera);
(5) piranha (all members of Serrasalmus, Rooseveltiella, and Pygocentrus genera);
(7) Mexican banded tetra;
(8) sea lamprey;
(9) rudd (Scardinius erythrophtalmu-Linneaus); and
(10) snakehead (all members of family Channidae).
(B) The department may issue special import permits to qualified persons for research and education only.
(C)(1) The department may issue special permits for the stocking of sterile white amur or grass carp hybrids in the waters of this State. The special permits must certify that the permitee's white amur or grass carp hybrids have been tested and determined to be sterile. The department may charge a fee of one dollar for each white amur or grass carp hybrid that measures five inches or longer or twenty-five cents for each white amur or grass carp hybrid that measures less than five inches. The fee collected for sterility testing must be retained by the department and used to offset the costs of the testing.
(2) The department is authorized to promulgate regulations to establish a fee schedule to replace the fee schedule contained in item (1) of this subsection. Upon these regulations taking effect, the fee schedule contained in item (1) of this subsection no longer applies.
(D) The department may issue special permits for the importation, breeding, and possession of nonsterile white amur or grass carp hybrids. The permits must be issued pursuant to the requirements contained in Chapter 18 of this title. Provided, however, that no white amur or grass carp hybrids imported, bred, or possessed pursuant to a special permit issued pursuant to this section may be stocked in the waters of this State except as provided in subsection (C) of this section.
(E) It is unlawful to take grass carp from waters stocked as permitted by this section. Grass carp caught must be returned to the water from which it was taken immediately.
(F) The department must prescribe the qualifications, methods, controls, and restrictions required of a person or his agent to whom a special permit is issued. The department must condition all permits issued under this section to safeguard public safety and welfare and prevent the introduction into the wild or release of nonnative species of fish or other organisms into the waters of this State. The department may promulgate regulations necessary to effectuate this section and specifically to prohibit additional species of fish from being imported, possessed, or sold in this State when the department determines the species of fish are potentially dangerous."
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 5th day of June, 2008.
Approved the 11th day of June, 2008.
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