H*3711 Session 109 (1991-1992)
H*3711(Rat #0158, Act #0095 of 1991) General Bill, By
House Agriculture, Natural Resources and Environmental Affairs
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 20
to Title 50 so as to provide for the Recreational Fisheries Conservation and
Management Act of 1991.
03/20/91 House Introduced, read first time, placed on calendar
without reference HJ-45
03/28/91 House Debate adjourned until Tuesday, April 2, 1991
03/28/91 House Debate adjourned HJ-22
04/03/91 House Objection by Rep. Beasley, Holt, Kirsh, Baxley &
D. Martin HJ-10
04/11/91 House Objection withdrawn by Rep. Holt HJ-65
04/18/91 House Amended HJ-47
04/18/91 House Read second time HJ-48
04/23/91 House Read third time and sent to Senate HJ-244
04/24/91 Senate Introduced and read first time SJ-10
04/24/91 Senate Referred to Committee on Fish, Game and Forestry SJ-10
05/09/91 Senate Committee report: Favorable with amendment Fish,
Game and Forestry SJ-16
05/14/91 Senate Amended SJ-19
05/14/91 Senate Read second time SJ-19
05/14/91 Senate Ordered to third reading with notice of
amendments SJ-19
05/15/91 Senate Amended SJ-19
05/15/91 Senate Read third time and returned to House with
amendments SJ-24
05/16/91 House Concurred in Senate amendment and enrolled HJ-31
05/21/91 Ratified R 158
05/27/91 Signed By Governor
05/27/91 Effective date 07/01/92
05/27/91 Act No. 95
05/27/91 See act for exception to or explanation of
effective date
07/09/91 Copies available
(A95, R158, H3711)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 50 SO AS TO
PROVIDE FOR THE RECREATIONAL FISHERIES CONSERVATION
AND MANAGEMENT ACT OF 1991.
Whereas, marine recreational fishing is an important activity in South
Carolina which provides significant recreational and economic benefits to
the state's citizens and visitors; and
Whereas, the proper management and development of the resources which
support these fisheries require information on the number of people
utilizing these resources and information on their catches as well as funds
to carry out management and development activities; and
Whereas, a marine recreational fisheries stamp system is the best way to
obtain this information and fund these needed activities; and
Whereas, the legislative intent of this act is to provide:
(1) that residents and nonresidents of South Carolina sixteen years of
age or older, except as otherwise provided, on the tidal waters of this State
may not possess, land, take, catch, or kill fish or shellfish with a fishing
device for sport, recreation, or personal consumption or attempt to do these
things without first procuring a marine recreational fisheries stamp;
(2) a mechanism for the South Carolina Wildlife and Marine
Resources Department to produce and sell additional stamps, prints, and
related items as commemorative or collector's items;
(3) that funds accruing from the sale of marine recreational fisheries
stamps, permits, prints, and related articles are utilized solely for marine
recreational fisheries conservation and management purposes;
(4) that funds accruing from the implementation of this act are not
used as a substitute for state appropriated funds to the department. Now,
therefore,
Be it enacted by the General Assembly of the State of South Carolina:
South Carolina Recreational Fisheries Conservation and Management
Act of 1991
SECTION 1. The 1976 Code is amended by adding:
"CHAPTER 20
South Carolina Recreational Fisheries
Conservation and Management Act of 1991
Section 50-20-10. This chapter may be cited as the South Carolina
Recreational Fisheries Conservation and Management Act of 1991.
Section 50-20-20. As used in this chapter, unless the context otherwise
requires:
(1) `Fishing' means:
(a) catching, taking, landing, or harvesting marine fish;
(b) attempting to catch, take, land, or harvest marine fish;
(c) other activity reasonably expected to result in the catching, taking,
landing, and harvesting of marine fish.
(2) `Recreational fishermen' includes persons engaging or intending to
engage in fishing for recreation only.
(3) `Marine fish' includes all species of finfish, oysters, and clams in
South Carolina's tidal waters.
(4) `Charter fishing vessel' means a vessel used to transport marine
recreational fishermen for hire and includes charter, party, and head
boats.
(5) `Tidal waters' means waters where the tide regularly rises and falls
and in the areas defined in Section 50-17-30 corresponds to the existing
freshwater/saltwater dividing lines seaward.
(6) `Public fishing pier' refers to piers open to the public and which
charge a fee to fish.
Section 50-20-30. (A) No person sixteen years of age or older may
engage in fishing for recreation in South Carolina's tidal waters without a
marine recreational fishing stamp issued pursuant to this chapter, except as
provided in Section 50-17-660 and this chapter.
(B) The stamp must be validated by the signature of the licensee across
the face of the stamp.
(C) No vessel may transport marine recreational fishermen for a fee
without a charter fishing permit. No person may charge a fee to the public
to fish from a pier without obtaining a marine public fishing pier
permit.
(D) The stamp and permit must be available for inspection at all
times.
Section 50-20-40. (A) Charter fishing vessels shall maintain a log of
the number of persons carried each day, number of hours engaged in
fishing, and number and weight of fish by species caught each day.
(B) Public fishing piers shall maintain a log of the number of persons
fishing from that structure each day.
(C) The logs must be submitted to the department once a month. A
subsequent permit must not be issued unless the requirements of this
section are met.
Section 50-20-50. The following stamps and permits must be made
available throughout the State by the South Carolina Wildlife and Marine
Resources Department or its authorized agents for issuance or sale and are
issued for the time provided in Section 50-9-20:
(1) marine recreational fishing stamp for residents and
nonresidents. The annual fee for the issuance of the stamp is five dollars
and fifty cents. Fifty cents may be retained by the issuing agent, and the
balance must be paid to the department;
(2) public fishing pier permit. The annual fee for the issuance of
the permit is three hundred fifty dollars;
(3) charter vessel permit. The annual fee for the issuance of the
permit is one hundred fifty dollars for vessels licensed to carry six or fewer
passengers, three hundred dollars for vessels licensed to carry seven to
forty-nine passengers, and five hundred dollars for vessels licensed to carry
more than forty-nine passengers.
Section 50-20-60. The following are exempt from purchasing the
stamp:
(1) fishermen using a hook and line from the shore or a shore-based
structure;
(2) fishermen fishing from a charter fishing vessel with a valid charter
fishing permit or from a public fishing pier with a valid public fishing pier
permit;
(3) members of the United States Armed Forces who are residents of
South Carolina stationed outside this State upon presentation of official
furlough or leave papers;
(4) persons exempted under Article 9, Chapter 9 of Title 50.
Section 50-20-70. If a coastal state which has or establishes a marine
recreational fisheries stamp, license, or permit recognizes through statute,
regulation, or reciprocal agreement the validity of a South Carolina marine
recreational fisheries stamp or permit within its boundaries, South Carolina
recognizes the validity of a marine recreational fisheries stamp, license, or
permit held by residents of that state.
Section 50-20-80. The department may produce additional stamps as
commemorative or collector's items which must be sold for not less than
five dollars and fifty cents. The proceeds must be retained by the
department.
Section 50-20-90. The department shall create and design the stamp and
permit and develop marine recreational fisheries prints and related articles.
The department is responsible for the administration, sale, and distribution
of the stamps, permits, prints, and related articles.
Section 50-20-100. (A) Monies from the sale of the stamps, permits,
prints, and related articles must be paid into a special account separate from
the general fund. Monies in the account are carried forward each year and
may be used to match available federal funds. They may be used only for
the following programs which directly benefit marine recreational
fishing:
(1) development of marine recreational fishing facilities;
(2) scientific research relating to management of marine
recreational fisheries;
(3) protection, maintenance, or enhancement of marine habitat
important to the continued production of fish stocks and their food sources
of significance to marine recreational fishing;
(4) administrative and coastal enforcement activities for the
issuance of stamps and permits and development of prints and related
articles;
(5) enforcement of the laws and fishery management regulations
relating to marine recreational fisheries, including habitat protection;
(6) other programs directly benefiting marine recreational fishing
recommended by the Marine Recreational Fisheries Advisory Board
provided in this chapter.
(B) Funds from the special account expended for administration and
coastal enforcement activities in subsection (A)(4) and (5) may not exceed
twenty-five percent of monies paid into the account annually from the sale
of stamps, permits, prints, and related articles.
(C) Funds from the special account must be used to publish an annual
report to be made available to stamp and permit holders to indicate how the
previous year's funds were utilized.
Section 50-20-110. (A) A Marine Recreational Fisheries Advisory
Board is established to assist in prioritizing the expenditures of monies
received in the special account. The board is composed of:
(1) one member of the South Carolina Wildlife and Marine
Resources Commission;
(2) two at-large members appointed by the Governor;
(3) one member from each of the following coastal counties
appointed by a majority of the respective legislative delegations: Beaufort,
Charleston, Colleton, Georgetown, Horry, and Jasper.
(B) The members in subsection (A)(2) and (3) shall represent the
marine recreational fishing community.
(C) Official expenses for board members are as provided by law for
state employees on public business and must be paid from revenues from
the sale of stamps, permits, prints, and related articles.
(D) The terms of members in subsection (A)(2) and (3) are for four
years and are limited to two consecutive terms.
Section 50-20-120. A person violating this chapter, upon conviction,
must be fined not more than two hundred dollars or imprisoned not more
than thirty days."
Time effective
SECTION 2. Upon approval by the Governor, this act takes effect July
1, 1992, except Section 50-20-90 of the 1976 Code in Section 1 which
takes effect upon approval and except appointments to the Marine
Recreational Fisheries Advisory Board established in Section 50-20-110 in
Section 1 which may be made before terms begin on July 1, 1992.
Approved the 27th day of May, 1991. |