H 4804 Session 111 (1995-1996)
H 4804 General Bill, By W.D. Keyserling and Sharpe
A Bill to amend Section 50-17-340, as amended, Code of Laws of South Carolina,
1976, relating to planting requirements of shellfish permittees, so as to
decrease from one hundred twenty-five to fifty the number of bushels required
to be planted.
03/21/96 House Introduced and read first time HJ-9
03/21/96 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-9
A BILL
TO AMEND SECTION 50-17-340, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
PLANTING REQUIREMENTS OF SHELLFISH PERMITTEES,
SO AS TO DECREASE FROM ONE HUNDRED TWENTY-FIVE
TO FIFTY THE NUMBER OF BUSHELS REQUIRED TO BE
PLANTED.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 50-17-340 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-17-340. (A) Each permittee shall
plant one hundred twenty-five fifty U.S. bushels of
shell, cultch, or seed oysters annually for each acre of bottoms
which is producing or capable of producing shellfish included in his
permit issued under Section 50-17-310. All shell must be planted
between May first and August thirty-first, except that raw shuck
houses may replant green shell from current operations if the shell
is replanted within three days after gathering. All shell and seed
planting is under supervision of the department, which may require
up to five percent of the total quota of shell or seed oysters of any
permittee to be planted on state shellfish bottoms not under permit
but within a twenty-mile radius of the permittee's place of business.
Shell or seed oysters planted by a permittee on those bottoms must
be credited to the permittee's annual quota in the amount equal to
two times that of the number of bushels actually planted. The
department may provide incentives to permittees for improved or
innovative management and cultivation techniques in the form of
additional planting credits or planting variances. If a permittee does
not plant the required quota of shell or seed oysters on the permit
area, the permit must be revoked by the department or the acreage
of shellfish reduced based upon the percentage of the quota planted.
In the event a permittee believes that a permit area or portion of it
does not require planting during a given year for reasons of sound
management, he may apply in writing to the department for a
variance in his annual quota. The department may then conduct an
inspection of the permit area or portion of it to determine whether
the requested variance may be granted and notify the permittee of
its decision. The decision of the department in those matters is
legally binding. For the purpose of shell planting, a U.S. bushel is
the standard measurement. One cubic yard of shell for planting is
considered as twenty-one and seven-tenths U.S. bushels.
(B) The provisions of this section do not apply to
mariculture operations as defined in Section 50-17-367. The
department is authorized to specify the terms and conditions on any
permit issued for the purpose of shellfish mariculture."
SECTION 2. This act takes effect upon approval by the
Governor.
-----XX----- |