H*3874(Rat #0392, Act #0348 of 1992)  General Bill, By J.J. Snow
 A Bill to amend Section 50-17-1010, Code of Laws of South Carolina, 1976,
 relating to the coastal fisheries laws and the establishment of particular
 restricted areas, so as to establish as a restricted area the area within
 one-quarter mile of the shores of the ocean beaches of Hunting Island and
 Fripp Island rather than Hunting Island only; to amend Section 50-17-1020,
 relating to the use of trawl nets in certain waters adjacent to Game Zones 7
 and 9, violations and penalties, and seizure and disposition of boat and
 catch, so as to delete provisions making a violation of this Section a
 misdemeanor, provisions relating to penalties, provisions relating to seizure
 of any boat used used in the violation of this Section, including the boat's
 rigging, equipment, and catch, and provisions relating to selling the catch,
 status of the proceeds of that sale, and sale or redemption of the boat,
 rigging, and equipment; to amend Section 50-17-1030, relating to penalties for
 trawling in restricted areas, so as to delete the provisions of the Section
 and provide that the captain of a boat found trawling in the areas defined in
 Section 50-17-1010, 50-17-1020, or 50-17-1040 during the specified restricted
 period is guilty of a misdemeanor and, upon conviction, for a first offense
 must be fined two hundred dollars or imprisoned not more than thirty days, and
 provide that upon conviction for a second or subsequent offense the captain
 must be fined two hundred dollars and his license and the license of the boat
 must be suspended for thirty days; and to repeal Section 50-17-625, relating
 to the provisions making it unlawful to trawl for shrimp during the closed
 season near certain beaches of Hunting Island, Hilton Head Island, and Fripp
 Island and the penalties therefor.-amended title

   04/11/91  House  Introduced and read first time HJ-25
   04/11/91  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-25
   03/18/92  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-7
   03/25/92  House  Amended HJ-34
   03/25/92  House  Read second time HJ-37
   03/26/92  House  Read third time and sent to Senate HJ-18
   03/30/92  Senate Introduced and read first time SJ-8
   03/30/92  Senate Referred to Committee on Fish, Game and Forestry SJ-8
   04/02/92  Senate Committee report: Favorable Fish, Game and
                     Forestry SJ-9
   04/15/92  Senate Read second time SJ-21
   04/21/92  Senate Read third time and enrolled SJ-8
   04/28/92         Ratified R 392
   05/04/92         Signed By Governor
   05/04/92         Effective date 05/04/92
   05/04/92         Act No. 348
   05/26/92         Copies available

AN ACT TO AMEND SECTION 50-17-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COASTAL FISHERIES LAWS AND THE ESTABLISHMENT OF PARTICULAR RESTRICTED AREAS, SO AS TO ESTABLISH AS A RESTRICTED AREA THE AREA WITHIN ONE-QUARTER MILE OF THE SHORES OF THE OCEAN BEACHES OF HUNTING ISLAND AND FRIPP ISLAND RATHER THAN HUNTING ISLAND ONLY; TO AMEND SECTION 50-17-1020, RELATING TO THE USE OF TRAWL NETS IN CERTAIN WATERS ADJACENT TO GAME ZONES 7 AND 9, VIOLATIONS AND PENALTIES, AND SEIZURE AND DISPOSITION OF BOAT AND CATCH, SO AS TO DELETE PROVISIONS MAKING A VIOLATION OF THIS SECTION A MISDEMEANOR, PROVISIONS RELATING TO PENALTIES, PROVISIONS RELATING TO SEIZURE OF ANY BOAT USED IN THE VIOLATION OF THIS SECTION, INCLUDING THE BOAT'S RIGGING, EQUIPMENT, AND CATCH, AND PROVISIONS RELATING TO SELLING THE CATCH, STATUS OF THE PROCEEDS OF THAT SALE, AND SALE OR REDEMPTION OF THE BOAT, RIGGING, AND EQUIPMENT; TO AMEND SECTION 50-17-1030, RELATING TO PENALTIES FOR TRAWLING IN RESTRICTED AREAS, SO AS TO DELETE THE PROVISIONS OF THE SECTION AND PROVIDE THAT THE CAPTAIN OF A BOAT FOUND TRAWLING IN THE AREAS DEFINED IN SECTION 50-17-1010, 50-17-1020, OR 50-17-1040 DURING THE SPECIFIED RESTRICTED PERIOD IS GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, FOR A FIRST OFFFENSE MUST BE FINED TWO HUNDRED DOLLARS OR IMPRISONED NOT MORE THAN THIRTY DAYS, AND PROVIDE THAT UPON CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE THE CAPTAIN MUST BE FINED TWO HUNDRED DOLLARS AND HIS LICENSE AND THE LICENSE OF THE BOAT MUST BE SUSPENDED FOR THIRTY DAYS; AND TO REPEAL SECTION 50-17-625 RELATING TO THE PROVISIONS MAKING IT UNLAWFUL TO TRAWL FOR SHRIMP DURING THE CLOSED SEASON NEAR CERTAIN BEACHES OF HUNTING ISLAND, HILTON HEAD ISLAND, AND FRIPP ISLAND AND THE PENALTIES THEREFOR.

Whereas, as a result of the recodification of the state's fish, game, and watercraft laws in 1988, combined with the regular passage of other fish and game laws during the same session, the State found itself with two code sections having different penalties dealing with legal trawling distances off Hunting Island and Hilton Head Island; and

Whereas, Section 50-17-625 makes it unlawful to trawl for shrimp during the closed season near certain beaches of Hunting Island and Hilton Head Island, as well as Fripp Island, and sets forth a penalty; and

Whereas, the provisions of Section 50-17-1010(4), for which penalties are provided in Section 50-17-1030, are superfluous in view of Section 50-17-625. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

Restricted area redefined

SECTION 1. Section 50-17-1010 of the 1976 Code is amended to read:

"Section 50-17-1010. There are established as restricted areas the following areas or portions of the coastal and ocean beds of Beaufort, Charleston, and Colleton Counties:

(1) that portion or area lying northeast of the north jetty at the mouth of Charleston Harbor and the line of the north jetty extended one-half mile into the ocean and lying southwest of a line running southeast (true), starting at a point on the northeast shore of the inlet known as Dewees Inlet on the Dewees Island side of the inlet, which point is where the northeast shore of the inlet at mean high water intersects the ocean beach line of Dewees Island, and which line runs from the point southeast (true) one-half mile into the ocean, the area so designated being all that lies to the southeast of the ocean beaches or shores of Sullivan's Island and the Isle of Palms and southeast of the beach lines extended across all intervening inlets or breaks in the beach lines and between the two lines designated in this item and extending one-half mile into the ocean;

(2) that portion or area lying southwest of a line running due southeast (true), starting at a point on the southwest shore of the inlet known as Morris Island Lighthouse Inlet on the Folly Island side of the inlet, which point is where the southwest shore of the inlet at mean high water intersects the ocean beach line of Folly Island, and which line runs from the point southeast (true) one-half mile into the ocean, and lying northeast of a line running southeast (true), starting at a point where West Sixth Street intersects the ocean beach of Folly Island, and which line runs from the point southeast (true) one-half mile into the ocean, the area so designated being all that lies to the southeast of the ocean beach or shore of Folly Island between the two lines designated in this item and extending one-half mile into the ocean. The southwest end of the area from Stono Inlet to West Sixth Street is unrestricted to within a quarter mile of the beach at the low-water mark;

(3) that portion or area lying northeast of a line running due southeast (true), starting at a point on the northeast shore of the mouth of South Edisto River on the Edisto Island side of the inlet, at the place now known as Edisto Beach, formerly as McConkey's Beach, which point is where the northeast shore of the river at its mouth at mean high water intersects the ocean beach line of Edisto Beach, and which line runs from the point southeast (true) one-half mile into the ocean, and lying southwest of a line running southeast (true), starting at a point on the southwest shore of the inlet known as Frampton's Inlet on the Edingsville Beach side of the inlet, which point is where the southwest shore of the inlet at mean high water intersects the ocean beach line of Edingsville Beach on Edisto Island, and which line runs from the point southeast (true) one-half mile into the ocean, the area so designated being all that lies to the southeast of the ocean beaches or shores of Edisto Island known as Edisto Beach and Edingsville Beach and between the two lines designated in this item and extending one-half mile into the ocean;

(4) that area within one-quarter mile of the shores of the ocean beaches of Hunting Island and Fripp Island and within one-quarter mile of the beach of Hilton Head from Braddock Cove along the beach to Fish Haul Creek in Beaufort County.

The areas described in this section are restricted only from May fifteenth through September fifteenth each year."

Penalty provisions, etc., deleted

SECTION 2. Section 50-17-1020 of the 1976 Code is amended to read:

"Section 50-17-1020. It is unlawful to use a trawl net within one-half mile from shore in a county in Game Zones 7 and 9 from the southern tip of Pawley's Island in Georgetown County to the North Carolina state line. However, trawl nets may be used in waters of the Atlantic Ocean adjacent to Georgetown County from September fifteenth through December thirty-first each year."

Provisions deleted; penalties for boat captain; suspension of licenses

SECTION 3. Section 50-17-1030 of the 1976 Code is amended to read:

"Section 50-17-1030. The captain of a boat found trawling in the areas defined in Section 50-17-1010, 50-17-1020, or 50-17-1040 during the specified restricted period is guilty of a misdemeanor and, upon conviction, for a first offense must be fined two hundred dollars or imprisoned not more than thirty days. Upon conviction for a second or subsequent offense, the captain must be fined two hundred dollars, and his license and the license of the boat must be suspended for thirty days."

Repeal

SECTION 4. Section 50-17-625 of the 1976 Code is repealed.

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Approved the 4th day of May, 1992.