South Carolina § 50-5-910 - Permit requirements; lottery; sworn statement as to distribution through properly licensed wholesale seafood dealer.

§ 50-5-910. Permit requirements; lottery; sworn statement as to distribution through properly licensed wholesale seafood dealer.

(A) An applicant for Shellfish Culture Permits and Shellfish Mariculture Permits must:

(1) satisfy the department that the applicant has sufficient shellfish culture experience and will directly manage and supervise the cultivation of the permit area applied for, or will employ a qualified individual as manager within three months following the date that the permit becomes effective;

(2) own and employ or provide assurance that the applicant is capable of acquiring the necessary equipment and personnel to effectively harvest and manage the area in question; and

(3) hold or be qualified to obtain all state and federal approvals required for use of the bottoms or waters for which application is made.

(B) In cases where two or more individuals who are equally qualified apply for a permit for the same bottoms or waters, the granting of the permit may be determined by lottery. The order in which applications are received shall have no bearing on the granting of a permit.

(C) Persons and entities granted Shellfish Culture Permits and Shellfish Mariculture Permits must submit a sworn statement stating the permittee has a wholesale seafood dealer's license, a molluscan shellfish license, and a shellfish facility certified by the South Carolina Department of Health and Environmental Control or that all shellfish harvested for sale shall be handled through a licensed wholesale seafood dealer having a molluscan shellfish license and a Department of Health and Environmental Control approved facility.

HISTORY: 2000 Act No. 245, SECTION 5.