2017 South Carolina Code of Laws
Title 50 - Fish, Game and Watercraft
CHAPTER 18 - AQUACULTURE
Section 50-18-235. Application and issuance of aquaculture permits; permitted activities; factors considered for issuance; separate facilities; exemptions; penalties.

(A) Except as provided in subsections (F) and (G) a person must first apply for and obtain an annual aquaculture permit issued by the Department of Natural Resources:

(1) to engage in commercial aquaculture;

(2) to wholesale or retail a live aquaculture product;

(3) to engage in aquaculture of an aquatic species not indigenous to this State, subject to the provisions of this title;

(4) to engage in aquaculture, possess, or sell an aquatic species solely for the purposes of stocking;

(5) to engage in aquaculture of hybrid striped bass;

(6) to engage in aquaculture, or possess an aquatic species to provide sport fishing for a fee;

(7) to sell or offer for sale annually in excess of two thousand five hundred dollars worth of an aquatic species harvested from a private pond, unless selling to a permitted resident aquaculturist;

(8) to import an aquatic species taken and obtained lawfully in the jurisdiction of origin, for use as aquaculture brood stock;

(9) to import an aquatic species taken and obtained lawfully in the jurisdiction of origin, for sale for stocking only private waters.

(B) The Department of Natural Resources may grant an aquaculture permit and set conditions for aquaculture.

(C) In considering issuance of a permit and setting permit conditions, the department must consider scientific and other available information regarding:

(1) species to be cultured;

(2) protection of ecosystems from detrimental species;

(3) protection of critical habitat;

(4) protection of water resources;

(5) protection of plant and wildlife genetic integrity;

(6) disease potential and protection of plant and wildlife health;

(7) protection of natural resources from illegal harvesting and commercialization;

(8) protection of natural resources from nuisance species;

(9) security and welfare of the aquaculture industry of this State.

(D) Application for permits must be made on forms prescribed by the Department of Natural Resources, which may require information necessary to carry out the provisions of this chapter.

(E) A permit may be granted only after the Department of Natural Resources considers the information specified in this section and determines that the proposed operations would not reasonably be expected to adversely impact the natural resources of the State or security or welfare of the aquaculture industry of this State. A separate application and permit are required for each aquaculture facility. The Department of Natural Resources must consider each facility separately, unless a single state and federal income tax is filed for the operation. The Department of Natural Resources may amend, suspend, or revoke a permit if it determines some aspect of the permitted aquaculture activity adversely impacts the natural resources of the State or the security or welfare of the aquaculture industry of this State.

(F) An aquaculture permit is not required to engage in aquaculture of nongame fish, so long as the species cultured is indigenous to the State or already established in the waters of this State. To engage in commercial aquaculture of such fish, a person must first register the aquaculture facility with the department annually and provide the department any information necessary to carry out the provisions of this chapter.

(G) An aquaculture permit is not required to wholesale or retail:

(1) nongame, indigenous species aquacultured in this State for use as bait, or

(2) organisms legally sold in the pet or ornamental trade.

(H) A person who fails to acquire a permit or to register a facility as required under this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars and not more than two thousand dollars or imprisoned for not more than thirty days.

HISTORY: 2003 Act No. 60, Section 1.