South Carolina § 50-5-1005 - Shellfish importation permits; conditions; penalties.

§ 50-5-1005. Shellfish importation permits; conditions; penalties.

(A)(1) The department may grant permits to persons to import molluscan shellfish, shellfish tissues, or shells into this State.

(2) No molluscan shellfish, shellfish tissues, or shells may be imported into this State and placed in waters in this State except under the provisions of a shellfish importation permit.

(B)(1) The department may grant permits to persons to possess, produce, purchase, or sell polyploid shellfish.

(2) No polyploid shellfish, may be placed in the waters of this State or waters connected to the waters of this State, except under the provisions of a permit issued by the department.

(C) Permits issued pursuant to this section may include conditions related to:

(1) the type or species of mollusks to be imported;

(2) testing;

(3) ancillary species attached to or associated with the species to be imported;

(4) structure and placement of holding or storage facilities;

(5) placement of the product in natural waters of this State;

(6) disposal of shellfish, shellfish parts, and associated biota;

(7) treatment of effluent;

(8) biosecurity;

(9) reporting requirements; and

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

(D) A person who violates this section, or a condition of a permit issued pursuant to this section, is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars and not more than two thousand dollars or imprisoned for not more than thirty days.

HISTORY: 2000 Act No. 245, SECTION 5; 2017 Act No. 30 (S.465), SECTION 6, eff May 10, 2017; 2018 Act No. 176 (H.4946), SECTION 1, eff May 3, 2018.

Effect of Amendment

2017 Act No. 30, SECTION 6, rewrote the section, prohibiting the placing of genetically modified shellfish in the waters in this state except under the provisions of a permit, providing for the issuance of permits to persons who possess, produce, purchase, or sell genetically modified shellfish, and providing for the issuance of permits with conditions relating to testing, treatment of effluent, and biosecurity.

2018 Act No. 176, SECTION 1, in (B), in (1) and (2), deleted "genetically modified shellfish, including" preceding "polyploid shellfish".