S.C. Code Regs. § § 123-34
Current through Register Vol. 48, No. 9, September 27, 2024
Section 123-34 - Shellfish PermitsA. Qualifications and requirements for shellfish permit applicants: (1) The applicant for a commercial shellfish permit must have a wholesale seafood dealer's license and shellfish house or processing facility certified by the S. C. Department of Health and Environmental Control or submit a sworn affidavit that all shellfish harvested for sale will be handled through a bona fide shellfish dealer having an approved facility.(2) The applicant for a commercial shellfish permit must be able to meet all regulations of the S. C. Department of Health and Environmental Control which pertain to his operations or place of business.(3) The applicant must satisfy the Division that he has sufficient shellfish culture experience and will directly manage and supervise the cultivation of the permit area applied for himself, or will employ a qualified individual as manager within three months following the date that the permit becomes effective.(4) The applicant must own and employ or provide assurance that he is capable of acquiring the necessary equipment and personnel to effectively harvest and manage the area(s) in question. Minimum requirements pertinent to effectively harvest and meet shell or seed planting quotas for the area(s) applied for will be determined by the Division.(5) The applicant must possess all shellfish licenses and permits required by the Division and any other State and Federal Agency, or be qualified to obtain same following the granting of the permit(s), and prior to working the permit area.(6) If an applicant has any existing shellfish permit(s) or has formerly held any permit(s) or lease(s), his past performance record in managing said area(s) (shell planting, production, etc.) and in meeting the Division's reporting requirements will be evaluated and given due consideration in determining whether he shall be granted additional permit(s). In the event that an individual who is not fully utilizing his existing permit grounds has applied for an available area and another individual has applied for the same area who has no permit but meets all the necessary requirements, the permit will be granted to the latter applicant.(7) In cases where two or more individuals apply for a permit for the same area who are in the opinion of the Division equally qualified, the granting of the permit may be determined by lottery.(8) The order in which applications are received will have no bearing on the granting of a permit as long as said applications are filed in a timely manner.B. Review and Approval of Shellfish Permit Applications(1) Applications for shellfish permits shall be reviewed by a committee of Departmental personnel knowledgeable with the shellfish fishery appointed by the Director, Division of Marine Resources. The Committee will consider each applicant's qualifications and conduct personal interviews if advisable. The Committee will select qualified applicants to the Director's office for final approval. The Committee will also consider contested permit applications, the allocation of shellfish grounds for public or private use, permit revisions, variances, or revocations, and make recommendations to the Director's office for final approval.C. Permit Terms and Conditions (1) Shellfish culture and mariculture permits issued shall include, in addition to those requirements specified by law, the following: provisions for shellfish production and reporting requirements; conditions and requirements for mariculture structures and operations; provisions to guarantee public rights of access and non-conflicting uses of permitted areas; conditions for the approval of planting variances; terms and conditions to hold the Division harmless from any claims or damages resulting from the permitted operations; requirements for compliance with all applicable laws, regulations and permit requirements of any other Federal, State or local authority having jurisdiction over the use of State waters or bottoms; provisions for the restoration and correction of any environmental degradation which may result from the permitted activity; and provisions for revocation of the permit for failure to comply with performance requirements of the permit.