South Carolina Code of Regulations Chapter 80 - THE SOUTH CAROLINA MARITIME SECURITY COMMISSION AND NAVAL MILITIA
South Carolina Code of Regulations Chapter 80 is titled "THE SOUTH CAROLINA MARITIME SECURITY COMMISSION AND NAVAL MILITIA." This chapter details the regulations governing the South Carolina Maritime Security Commission (SCMSC) and the South Carolina Naval Militia (SCNM). These entities play a crucial role in the state's maritime security, emergency response, and homeland security efforts.
The South Carolina Naval Militia was reestablished in 2003 through the South Carolina Maritime Security Act, highlighting the state's commitment to bolstering its maritime defense capabilities.
Here's a breakdown of the key aspects covered in Chapter 80:
I. The South Carolina Maritime Security Commission (SCMSC) (Section 80-001):
Composition: The SCMSC consists of nine commissioners, including ex-officio members from state agencies (e.g., Chairman of the State Ports Authority, a police chief, a fire chief, a representative from DNR Law Enforcement) and public members appointed by the Governor. It's headed by a Chairman and Vice Chairman elected by the members.
Reporting Structure: The SCMSC reports administratively to the Governor as Chief Executive and operationally to the Governor as Commander-in-Chief of State Forces.
Functions/Powers:
Oversight of SCNM: Reviews all requests for operational tasking for the SCNM, ensuring compliance with federal and state law, pertinence to Captain of the Port requirements, and consideration of SCNM asset availability and operational tempo.
Policy and Procedures: Publishes and maintains a Policies and Procedures Manual (PPM) to guide its administrative matters.
Reporting: Annually submits a report to the Governor and the General Assembly summarizing activities, operations, and general observations/recommendations relating to maritime security.
Commander Appointment: The SCMSC appoints the Commander of the South Carolina Naval Militia (COMSCNM).
Regulation Promulgation: Promulgates regulations (like those in this chapter) that set forth the command structure of the Naval Militia and establish the rank of the commander.
II. Functions of the South Carolina Naval Militia (SCNM) (Section 80-005):
Status and Mission: The SCNM is a Federally recognized State force (pursuant to 10 U.S. Code §§ 261 and 311), organized, commanded, and administered as a component of the Organized Militia of the State of South Carolina. Its mission is to provide trained maritime capability to support federal and state maritime services, coordinating with the U.S. Navy, Marine Corps, Coast Guard, and other federal, state, and local agencies.
Personnel Status: SCNM consists of military and civilian personnel who have similar authority, rights, and privileges in the performance of duty as members of the U.S. regular Navy, Marine Corps, or Coast Guard of corresponding grade, rating, or position, as derived from applicable state law.
Compensation: Members of the SCNM and SCMSC generally receive no financial compensation or reimbursement for their duties, though federal reservists may be entitled to federal benefits.
III. Organization of the SCNM (Section 80-010):
Commander SCNM (COMSCNM): The SCNM is organized, trained, and equipped under the direction of the COMSCNM, who is a one-star flag officer reporting administratively and operationally to the SCMSC. The COMSCNM recommends officer appointments to the state ranks (commissioned by the Governor) and appoints enlisted personnel.
Staff Structure: The COMSCNM establishes a standard naval staff structure (e.g., deputy commander, chief of staff, operations, logistics, training, legal, public affairs).
Divisions of the SCNM:
Division I (Reserve Services Division): Comprised of members of the U.S. Naval Reserve, Marine Corps Reserve, and Coast Guard Reserve who voluntarily join the SCNM on a not-to-interfere basis with their federal duties.
Division II (Merchant Marine Division): Consists of Coast Guard-licensed or certificated merchant mariners whose regular occupation is service on board Coast Guard-regulated commercial vessels and who are enrolled as units of the Volunteer Port Security Force (VPSF).
Division III (Support Division): Comprised of qualified volunteers not eligible for Divisions I or II but who offer services to fill specific administrative or operational functions.
Memoranda of Understanding (MOUs): COMSCNM is authorized to execute MOUs with other entities for SCNM operations, witnessed by the SCMSC Chairman.
IV. Regulations of the SCNM (Section 80-015):
Purpose: Ensures the SCNM is organized, administered, coordinated, and facilitated according to state law (Sections 54-17-40 and 54-17-50).
Internal Publications: The SCNM's organization and administration are detailed in its own publications and directives, including an Organization Manual (covering rules, billet structure, uniform standards, personnel instructions, military justice, etc.) and a Foundation Manual (for budget and expenditures).
References to Federal Regulations: Notes that other regulations affecting the SCNM are found in Title 10 U.S. Code (federal military law) and Title 33 Code of Federal Regulations (Maritime Homeland Security and Coast Guard authorities).
V. Volunteer Port Security Force at Charleston, South Carolina (Section 80-020):
This section specifically addresses the VPSF as part of the Merchant Marine Division (Division II), acknowledging its role in supporting law enforcement and maritime homeland security efforts, including coordination with the Captain of the Port (COTP) during high MARSEC (Maritime Security) levels.
VI. S.C. Naval Militia Ensign (Section 80-025):
Authorizes the COMSCNM to allow display of a suitable S.C. Naval Militia ensign on vessels performing assigned missions, incorporating elements of the state flag and naval symbolism.
In essence, South Carolina Code of Regulations Chapter 80 establishes a robust framework for a state-level maritime force, the South Carolina Naval Militia, under the oversight of the Maritime Security Commission. This structure allows South Carolina to leverage civilian and reserve military maritime expertise for homeland security, emergency response, and support to federal and local agencies within its coastal and inland waterways.
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