South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-47 - Shellfish › Section 61-47.C - HARVESTING, HANDLING, AND TRANSPORTATION OF SHELLFISH

Current through Register Vol. 48, No. 6, June 28, 2024
1. Harvesting.
(a) Harvesting of Shellfish from Closed
			 Waters. It shall be unlawful to harvest, remove, take, buy, sell, offer for
			 sale, or possess shellfish from areas closed by the Department. This Section
			 shall not be construed to prevent harvesting as permitted by the
			 Department.
(b) Harvesting Vessels.
			 It shall be unlawful for any person engaged in commercial shellfish activities
			 to harvest, handle, or transport shellstock in a vessel that has not been
			 constructed, operated, and maintained to prevent contamination, deterioration,
			 and decomposition of the shellstock.
(1)
			 Decks and storage bins shall be constructed and located to prevent bilge water,
			 fuel, oil, or polluted overboard water from coming into contact with the
			 shellstock;
(2) Bilge pump
			 discharges shall be located so that the discharge shall not contaminate
			 shellstock;
(3) Containers used for
			 storing shellstock shall be clean and fabricated from safe materials;
(4) Decks and storage bins used in the
			 harvest or transport of shellstock for direct marketing shall be provided with
			 effective drainage and kept clean with potable water or with water from a
			 growing area in the open status;
(5) All vessels and equipment coming in
			 contact with shellstock during handling or transport for relaying or depuration
			 shall be thoroughly cleaned before the boat and equipment are used to transport
			 or handle shellfish for direct marketing;
(6) Coverings shall be provided on unattended
			 vessels to protect shellstock from exposure to hot sun, birds, and other
			 adverse conditions.
(c)
			 Identification of Shellstock During Harvest.
(1) Commercial harvesters shall affix a
			 harvest identification tag to containers of shellstock prior to removal of the
			 shellstock from the area in which it was harvested. Harvest identification tags
			 shall:
(a) Be prominently labeled "Harvest
			 Tag";
(b) Be durable and
			 waterproof;
(c) Be at least 13.8
			 square inches in size;
(d) Contain
			 the following accurate, indelible and legible information:
(1) Harvester's commercial saltwater fishing
			 license number, as issued by the South Carolina Department of Natural
			 Resources;
(2) Date and harvest
			 start time;
(3) Harvest
			 area;
(4) Name and certificate
			 number of the certified shipper to whom the shellfish are being
			 delivered;
(5) Type and quantity of
			 shellstock.
(e) Not be
			 altered in any manner.
(2) When shellstock are harvested from more
			 than one harvest area on any single harvest day, each container of shellstock
			 shall be tagged with an individual harvest identification tag.
(3) When shellstock are harvested from a
			 single harvest area on a single day, multiple containers of shellstock may be
			 held on a wrapped pallet, in a tub or tote, in a net brailer, or in other types
			 of holding units, provided each individual wrapped pallet, tub or tote, net
			 brailer, or other holding unit shall be tagged with a harvest identification
			 tag meeting all requirements included in item C.1. (c)(1).
(4) When shellstock are harvested from a
			 single harvest area on a single day, and a harvest vessel utilizes open decks
			 or holds, tubs or totes, or other similar large-capacity holding units for the
			 transport of loose, bulk shellstock, the vessel may utilize a single harvest
			 identification tag. This tag shall be affixed to the vessel.
(5) In addition to the requirements of item
			 C.1. (c)(1), a harvest identification tag used for tagging a holding unit shall
			 include the following statement; "All shellstock containers in this lot have
			 the same harvest date and area of harvest".
(6) In addition to the requirements of item
			 C.1. (c)(1) and item C.1. (c)(5), a harvest identification tag used to identify
			 a holding unit shall include documentation of the number of individual
			 containers in the unit.
(d) Disposal of Body Waste.
(1) No person shall discharge untreated human
			 fecal waste into any shellfish growing area.
(2) An approved marine sanitation device
			 (MSD) or portable toilet shall be required on any commercial shellfish harvest
			 vessel utilizing mechanical harvesting equipment. Use of other receptacles for
			 sewage disposal may be allowed by the Department if the receptacles are:
(a) Constructed of impervious, cleanable
			 materials and have tight fitting lids; and
(b) Used only for the purpose
			 intended;
(c) Secured while on
			 board and located, operated, and maintained to prevent contamination of
			 shellstock by spillage or leakage.
(e) Prior to licensing each certified shipper
			 shall obtain Department approved training annually.
(f) Harvesters shall complete Department
			 approved training annually. The certified shippers shall only receive
			 shellstock from harvesters who have completed Department approved training
			 annually.