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AMENDED--NOT PRINTED IN THE HOUSE
Amt. No. 1 (Doc. Path council\agm\19518ab12)
March 29, 2012
H. 4703
Introduced by Reps. Pitts, Herbkersman, Parker, Hardwick, White, Erickson, Henderson, Limehouse, Sandifer, G.R. Smith, Spires and Tribble
S. Printed 3/28/12--H.
Read the first time January 31, 2012.
TO AFFIRM THE AUTHORITY OF THE STATE OF SOUTH CAROLINA IN DETERMINING APPROPRIATE ACTIVITIES AND USES OF RESOURCES IN WATERS CONTROLLED BY THE STATE AND TO RECOGNIZE THE CRITICAL ROLE OF STATES IN FEDERAL OCEAN PLANNING, INCLUDING THE GATHERING OF COASTAL AND MARINE SPATIAL DATA.
Whereas, by the authority of the federal Submerged Lands Act of 1953, the State of South Carolina owns and manages waters within three nautical miles of the coastline; and
Whereas, there are ongoing and new uses of the ocean that could benefit from taking a coastal and marine spatial planning approach that incorporates the best available data and actively engages key user groups in the management decisions; and
Whereas, the State must have a leadership role in the development of any coastal and marine spatial planning efforts that occur in or adjacent to state waters; and
Whereas, it is critical that recreational fisheries and other user groups have the opportunity to be represented and engaged in ocean management decisions; and
Whereas, the National Ocean policy calls for a Coastal and Marine Spatial Planning process that could impact activities in waters owned and managed by this State; and
Whereas, the South Carolina General Assembly recognizes that without adequate scientific evidence to support coastal and marine spatial planning, this planning could have a detrimental effect on the coastal economies of our State; and
Whereas, the South Carolina General Assembly is uncertain that the Regional Planning Bodies designated to formulate regional Coastal and Marine Spatial Plans will provide equal participation across "federal, state and tribal authorities"; and
Whereas, the official engagement of all stakeholders during the Regional Planning Body plan development process must be clearly defined and implemented; and
Whereas, coastal and marine spatial planning has in some cases failed to ensure the right of the public to access aquatic resources for legitimate conservation activities and recreational uses; and
Whereas, nevertheless, the South Carolina General Assembly recognizes the authority of the United States government to manage recreational fishing as a sustainable activity in federally controlled waters as stated in Presidential Executive Order 12962, as amended by Presidential Executive Order 13474, and subsequently, the State of South Carolina will continue to manage and protect recreational fishing as a sustainable activity in any relevant conservation or management areas that fall under the authority of this State. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, affirm the authority of the State of South Carolina in determining appropriate activities and uses of resources in state controlled waters, regardless of any Coastal and Marine Spatial Plans created pursuant to the National Oceans Policy, and recognize the critical role states and all ocean user groups must play in the creation of any Coastal and Marine Spatial Plans pursuant to the National Oceans Policy in federally controlled waters.
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