(A) The department may issue an out-of-season harvest permit to a Shellfish Mariculture permittee for the privilege of harvesting or selling maricultured shellfish out of season. The department may consider a permittee's past compliance with the provisions of this chapter in making its determination to issue an out-of-season harvest permit.
(B) In order to obtain an out-of-season harvest permit, a mariculture permittee must provide the following to the department:
(1) a shellfish operations plan that meets requirements established by regulations promulgated by the South Carolina Department of Health and Environmental Control pursuant to Section 44-1-140; and
(2) a list of authorized harvesters and wholesale dealers that will possess the permittee's out-of-season shellfish.
(C) Out-of-season harvest permits issued pursuant to this section may include conditions related to:
(1) harvest times and harvest areas;
(2) species;
(3) testing;
(4) reporting, record keeping, and inspection requirements;
(5) genetic strains including ploidy;
(6) tagging;
(7) authorized harvesters; and
(8) protection of the natural resources of this State.
(D) An authorized harvester acting under the provisions of a permittee's out-of-season harvest permit must first complete any shellfish training required by regulations promulgated by the South Carolina Department of Health and Environmental Control pursuant to Section 44-1-140. A Mariculture permittee must ensure that an authorized harvester acting under the permittee's out-of-season harvest permit abides by the conditions of the permit, receives proper training, and holds all required permits and licenses.
(E) The department may suspend or revoke a mariculture permittee's out-of-season harvest permit for a violation of a permit condition by the permittee or by an authorized harvester of the permittee. The filing of a judicial appeal does not act as an automatic stay of enforcement of the out-of-season permit suspension or revocation.