As used in this chapter:

(1) "Commission" means the group of individuals comprising the Maritime Security Commission.

(2) "Captain of the Port" means the United States Coast Guard officer designated by the Commandant of the Coast Guard to perform that function pursuant to Section 1.01-30 of Title 33, Code of Federal Regulations, whose role is further defined in Section 6.01-4 of that same title.

(3) "District Commander" means the Coast Guard officer designated by the Commandant of the Coast Guard to command a Coast Guard district. District Commander refers to that district commander that incorporates South Carolina.

(4) "Port" means a developed area of maritime commerce.

(5) "Maritime area" means any area of water, land, or water and land bordering on the sea or any estuary, river, creek, or lake in or contiguous to the State of South Carolina, that is capable of approach by a vessel, excluding the land-side facilities of the South Carolina State Ports Authority.

(6) "Safety zone" means a water area, shore area, or water and shore area to which, for safety or environmental purposes, access is limited to authorized persons, vehicles, or vessels. It may be stationary and described by fixed limits or it may be described as a zone around a vessel in motion.

(7) "Security zone" means an area of land, water, or land and water which is so designated by the Captain of the Port or District Commander for such time as may be necessary to prevent damage or injury to any vessel or waterfront facility, to safeguard ports, harbors, territories, or waters of the United States, or to secure the observance of the rights and obligations of the United States. The purpose of a security zone is to safeguard from destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of a similar nature (a) vessels, (b) harbors, (c) ports, and (d) waterfront facilities that are in the United States and its territories and waters, continental or insular, that are subject to the jurisdiction of the United States.

(8) "Volunteer Port Security Force" means the volunteer organization composed of licensed mariners and private assets who: (a) facilitate discovery and proper reporting of suspicious activities and events observed on and about the waters of Charleston bar and harbor, and (b) provide assistance to those government authorities during Maritime Security Levels 2 and 3, as may be required.

(9) "Memorandum of Agreement" means a document that must be executed by the Chairman of the Maritime Security Commission and the Attorney General of South Carolina on behalf of the State and the United States Navy, detailing fiduciary duties, potential liability, and federal support issues for a South Carolina Naval Militia and must be renewed every five years.

(10) "Privileges" means that based upon title or membership, an individual is entitled to accommodations of the naval service and such recognition by other services of this State. However, privilege shall not be determined to be a monetary or fiscal "benefit", or information access regardless of other requirements.

HISTORY: 2003 Act No. 90, Section 2, eff July 31, 2003.