S.C. Code Regs. § § 61-47.O

Current through Register Vol. 48, No. 9, September 27, 2024

Section 61-47.O - SHELLFISH AQUACULTURE

1. General.

(a) For purposes of this Regulation, aquaculture encompasses the following:

(1) Open-water and/or Land-based operations, other than shellfish seed hatchery operations;

(2) Monoculture (molluscan shellfish) or Polyculture (molluscan shellfish combined with non-molluscan organisms) production.

(b) Any person operating a land based aquaculture facility that grows or produces molluscan shellfish for sale shall obtain the following from the Department prior to commencing operations or harvesting shellfish for human consumption:

(1) An Aquaculture Facility Construction Permit based upon criteria described in the facility's operational plan as required by Section O.4(a); and

(2) An Aquaculture Operating Permit based upon successfully meeting the requirements of all applicable portions of this Regulation; and

(3) Certification as a processor, unless the permitted aquaculturist provides the Department with prior notice that harvested shellfish are to be delivered to a Shucker-Packer (SP), Repacker (RP), Shellstock Shipper (SS), or Depuration Processor (DP) within the State.

(c) Any person operating an open water aquaculture facility that grows or produces molluscan shellfish for sale shall obtain the following from the Department prior to commencing operations or harvesting shellfish for human consumption:

(1) An Aquaculture Operating Permit based upon successfully meeting the requirements of all applicable portions of this Regulation; and

(2) Certification as a processor, unless the permitted aquaculturist provides the Department with prior notice that harvested shellfish are to be delivered to a Shucker-Packer (SP), Repacker (RP), Shellstock Shipper (SS), or Depuration Processor (DP) within the State.

(d) Shellfish aquaculture shall be practiced only in strict compliance with the specific provisions of the Aquaculture Permit.

(e) Applications for Aquaculture Permits must contain a written operational plan detailing the scope and extent of the operation.

(f) Water quality at any site used for aquaculture shall meet the criteria for an approved, conditionally approved, or restricted area classification provided, however, this item shall not apply to shellfish seed operations when:

(1) The use of a prohibited growing area is sanctioned for seed culture operations by the Department;

(2) Prior to relocation, seed cultured in any prohibited area are demonstrated to the Department to have acceptable levels of poisonous or deleterious substances;

(3) Seed cultured in prohibited growing areas are relocated with Department authorization and cultured for a minimum of six months in areas exhibiting approved area criteria; and

(4) Shellfish relocated in accordance with this section shall not be harvested without Department authorization.

(g) Shellfish cultured in any land-based system meeting the criteria for an approved area classification throughout the culture period may be immediately marketed.

(h) Any shellfish raised in aquaculture shall be subjected to relaying or depuration prior to direct marketing if the culture area or facility is located in or using water that is in one of the following:

(1) A conditionally approved area classification in a "closed" status; or

(2) A restricted area classification.

(i) Only drugs authorized by the United States Food and Drug Administration shall be used for shellfish treatment.

(j) Complete and accurate records shall be maintained for at least two years by the aquaculturist and shall include the:

(1) Source of shellfish, including seed;

(2) Dates of transplanting and harvest; and

(3) Water source, its treatment method, if necessary, and its quality in land based systems.

(k) Harvesting, processing, storage, and transportation of shellfish shall comply with all other applicable requirements of this Regulation.

2. Seed Source. Aquaculture Permit holders shall provide the Department with documentation concerning the source of seed shellstock.

3. Open Water Operations. Open-water aquaculture operations shall comply with all applicable requirements of this Regulation.

4. Land-Based Operations. Applicants for land-based aquaculture permits shall provide the following to the Department:

(a) A written operational plan that shall include:

(1) A description of the design and activities of the aquaculture facility;

(2) The specific site and boundaries in which shellfish culture activities will be conducted;

(3) The types and locations of any structures, including rafts, pens, cages, nets, tanks, ponds, or floats utilized in the aquaculture operation;

(4) The species and source of shellfish, including seed, to be cultured and harvested;

(5) If appropriate, the source and species of other organisms to be cultured in any polyculture systems;

(6) Procedures to assure that no poisonous or deleterious substances are introduced into the activities;

(7) A program of sanitation, maintenance, and supervision to prevent contamination of the final shellfish products;

(8) A description of the water source, including the details of any water treatment process or method, if necessary;

(9) A program to maintain water quality that includes collection of water samples for microbial analysis, temperature and salinity monitoring, and analytical methods used. The bacterial indicator monitored shall be the same as used for monitoring growing areas;

(10) Collection of information on the microbial and chemical quality of shellfish harvested from the aquaculture site;

(11) Collection of data concerning the quality of food produced for use in the artificial harvest system;

(12) Maintenance of the required records; and

(13) How shellstock will be harvested, processed if applicable, and sold.

(b) Water Systems.

(1) Water disinfection will not be required if shellfish are held at all times in continuous flow through systems that utilize water from an approved growing area, or from a conditionally approved area in the open status.

(2) Closed or recirculating systems shall:

(a) Not contaminate shellfish with residues that are not Generally Recognized As Safe (GRAS) [see Title 21 CFR (April 1, 2007)]; and

(b) Utilize waters classified as approved, conditionally approved or restricted; and

(c) Be maintained, at a minimum, at the bacteriological quality of the restricted classification.

(3) If the water in the closed or recirculating system is from water classified as conditionally approved, the operational plan shall include a sampling schedule and shellfish shall not be harvested until:

(a) a total of three water samples have been collected from the system a minimum of three days apart over a 14 day period; and

(b) fecal coliform levels in each sample are not greater than fourteen (14) MPN per one hundred (100) ml.

(c) Water Quality.

(1) Shellstock held at all times in waters meeting the criteria for an approved area may be used for direct marketing.

(2) If the water in a closed or recirculating system is from a source classified as conditionally approved and in the open status, shellstock may be marketed directly if the water quality meets a fecal coliform level of less than fourteen (14) MPN per one hundred (100) ml. in each sample collected in the 14 days prior to harvest.

(3) Shellstock in a closed or recirculating system that does not meet the water quality requirements of items O.4(c)(1) or O.4(c)(2) shall be relayed or depurated prior to direct marketing.

5. Polyculture Activities. Aquaculture permit applicants engaging in Polyculture activities shall include in an operational plan provisions to:

(a) Provide information concerning all sources and species of all organisms to be cultivated, cultured, and harvested;

(b) Monitor for human pathogens, unacceptable levels of animal drugs, and other poisonous or deleterious substances that might be associated with polyculture activities; and

(c) Subject all harvested shellstock to relaying or depuration.

6. Mariculture Permit Areas. Operators of shellfish mariculture permit areas permitted by the South Carolina Department of Natural Resources shall provide the Department with a written operational plan that shall include:

(a) A description of activities associated with the operation including, but not limited to, the operational requirements in C.2. (e)(2);

(b) The specific site and boundaries in which shellfish culture activities will be conducted;

(c) The types and locations of any structures, including rafts, pens, cages, nets, tanks, ponds, or floats utilized in the aquaculture operation;

(d) The type and source of shellfish, including seed, to be cultured and harvested;

(e) Documentation of the source of seed shell stock

(f) Record keeping to document compliance with the requirements described in item C.2. (e)(2) For maricultured shellfish harvested during months that do require additional temperature controls.

S.C. Code Regs. § 61-47.O

Amended by State Register Volume 41, Issue No. 04, eff. 4/28/2017.