Terms Used In South Carolina Code > Title 50 > Chapter 5 > Article 9 - Shellfish

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Base student: means that student classification that represents the most economically educated pupil in the school system, those in grades four through eight in regular classroom settings. See South Carolina Code 59-20-20
• Boat: means a vessel. See South Carolina Code 50-21-10
• Bushel: means one U. See South Carolina Code 50-5-15
• Commercial equipment: means :
  
  (a) any trawl, haul seine, gill net, channel net, bull rake, seed fork, grabs, escalator, or dredge; and
  
  (b) any net, seine, trap, pot, tongs, rake, fork, trotline, or other device or appliance when used for taking or attempting to take fish for a commercial purpose. See South Carolina Code 50-5-15
• Commercial purpose: means :
  
  (a) being engaged in buying or selling fish;
  
  (b) taking or attempting to take fish in order to derive income or other consideration;
  
  (c) using commercial equipment; and
  
  (d) otherwise being engaged in the fisheries industry with the intent to derive income. See South Carolina Code 50-5-15
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Culch: means oyster shell or other substrate which is purposely placed for propagation of oysters through the attachment of oyster larvae. See South Carolina Code 50-5-15
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fishing: means all activity and effort involved in taking or attempting to take fish. See South Carolina Code 50-5-15
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Mariculture: means controlled cultivation in confinement of marine and estuarine organisms in salt waters. See South Carolina Code 50-5-15
• molluscan: means a member of the phylum Mollusca. See South Carolina Code 50-5-15
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Person: means an individual, a partnership, a firm, a corporation, an association, or other legal entity. See South Carolina Code 50-21-10
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Shellfish: means oysters, clams, mussels, scallops, and all nonmotile molluscan fish having shells. See South Carolina Code 50-5-15
• Shellfish mariculture: means the controlled cultivation of shellfish in confinement from seed size until harvest. See South Carolina Code 50-5-15
• Shellfish seed: means any shellfish that does not exceed one inch in height or maximum dimension. See South Carolina Code 50-5-15
• Statute: A law passed by a legislature.
• Take: means to harass intentionally, hunt, capture, gather, harvest, remove, catch, wound, or kill or attempt to harass, hunt, capture, gather, harvest, remove, catch, wound, or kill. See South Carolina Code 50-5-15
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trawling: means fishing with a trawl or having part of a trawl door in the water. See South Carolina Code 50-5-15
• Use: means operate, navigate, or employ. See South Carolina Code 50-21-10
• Vessel: means every description of watercraft, other than a seaplane regulated by the federal government, used or capable of being used as a means of transportation on water. See South Carolina Code 50-21-10