(A) The department may issue an out-of-season harvest permit to a Shellfish Mariculture permittee for the privilege of harvesting or selling maricultured shellfish out of season. The department may consider a permittee’s past compliance with the provisions of this chapter in making its determination to issue an out-of-season harvest permit.

(B) In order to obtain an out-of-season harvest permit, a mariculture permittee must provide the following to the department:

Terms Used In South Carolina Code 50-5-997

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Department: means the South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
  • Mariculture: means controlled cultivation in confinement of marine and estuarine organisms in salt waters. See South Carolina Code 50-5-15
  • Shellfish: means oysters, clams, mussels, scallops, and all nonmotile molluscan fish having shells. See South Carolina Code 50-5-15

(1) a shellfish operations plan that meets requirements established by regulations promulgated by the South Carolina Department of Health and Environmental Control pursuant to § 44-1-140; and

(2) a list of authorized harvesters and wholesale dealers that will possess the permittee’s out-of-season shellfish.

(C) Out-of-season harvest permits issued pursuant to this section may include conditions related to:

(1) harvest times and harvest areas;

(2) species;

(3) testing;

(4) reporting, record keeping, and inspection requirements;

(5) genetic strains including ploidy;

(6) tagging;

(7) authorized harvesters; and

(8) protection of the natural resources of this State.

(D) An authorized harvester acting under the provisions of a permittee’s out-of-season harvest permit must first complete any shellfish training required by regulations promulgated by the South Carolina Department of Health and Environmental Control pursuant to § 44-1-140. A Mariculture permittee must ensure that an authorized harvester acting under the permittee’s out-of-season harvest permit abides by the conditions of the permit, receives proper training, and holds all required permits and licenses.

(E) The department may suspend or revoke a mariculture permittee’s out-of-season harvest permit for a violation of a permit condition by the permittee or by an authorized harvester of the permittee. The filing of a judicial appeal does not act as an automatic stay of enforcement of the out-of-season permit suspension or revocation.

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