2012 South Carolina Code of Laws
Title 50 - Fish, Game and Watercraft
Chapter 5 - MARINE RESOURCES ACT
Section 50-5-965 - Taking shellfish from bottoms designated for commercial harvest; individual harvester permits; written approvals; penalties.

(A) A person who takes shellfish from bottoms or waters designated for commercial harvest must possess an individual harvesting permit granted by the department if the person:

(1) harvests or possesses quantities greater than those provided in this article for personal use; or

(2) harvests for commercial purposes.

(B) The department may limit the number of areas not under Shellfish Culture Permit or Shellfish Mariculture Permit on which an individual may be permitted to harvest.

(C) When bottoms or waters are under permit for shellfish culture or mariculture, permittees may allow persons to harvest shellfish from bottoms and waters permitted to him. In addition to the permit required in subsection (A), harvesters must possess written approval from the Shellfish Culture permittee or Shellfish Mariculture permittee in a form approved by the department. Culture and Mariculture permittees must provide approved harvesters with the written permission and must maintain accurate record of harvesters' names, addresses, and, if available, telephone numbers.

(D) It is unlawful for a person to take or attempt to take shellfish in quantities greater than those for personal use provided in this article from any state-owned bottoms or waters without having in his possession a valid individual commercial harvesting permit granted to him.

(E) It is unlawful for any person to take or attempt to take shellfish from state-owned bottoms or waters under permit for shellfish culture or mariculture without a valid individual harvester permit granted to him by the department.

(F) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days.

(G) In order to obtain an individual harvester permit a person must be a licensed commercial saltwater fisherman and hold all other appropriate valid commercial licenses.

HISTORY: 2000 Act No. 245, Section 5; 2002 Act No. 342, Section 29.