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H. 3965
STATUS INFORMATION
General Bill
Sponsors: Rep. Limehouse
Document Path: l:\council\bills\bbm\9711djc03.doc
Introduced in the House on April 9, 2003
Currently residing in the House Committee on Agriculture, Natural Resources and Environmental Affairs
Summary: Fishing limitations
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/9/2003 House Introduced and read first time HJ-22
4/9/2003 House Referred to Committee on Agriculture, Natural Resources
and Environmental Affairs HJ-22
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-547 SO AS TO PROVIDE SPECIFICATIONS, ESCAPE VENT REQUIREMENTS, AND A PEELER TRAP EXEMPTION FOR RECREATIONAL CRAB TRAPS; BY ADDING SECTION 50-5-1302 SO AS TO PROVIDE LIMITS FOR RECREATIONAL TAKING OF BLUE CRABS; BY ADDING SECTION 50-13-390 SO AS TO PROVIDE FOR TAKING BLUE CRABS IN FRESHWATERS AND FOR USE OF BLUE CRAB TROTLINES AND TRAPS IN FRESHWATERS; TO AMEND SECTION 50-5-20, AS AMENDED, RELATING TO JURISDICTION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE THAT CERTAIN LIMITATIONS OF SIZE, TAKE, AND POSSESSION OF MARINE RESOURCES APPLY REGARDLESS OF WHERE TAKEN OR POSSESSED; TO AMEND SECTION 50-5-32, RELATING TO CLOSING CERTAIN SALT WATER FISHING SEASONS, SO AS TO REVISE THE SECTION AND FURTHER PROVIDE FOR CLOSING SALTWATER FISHING SEASONS IN ANTICIPATION OF CERTAIN OCCURRENCES WHICH THREATEN FISHERY RESOURCES OR HABITAT; TO AMEND SECTION 50-5-105, RELATING TO UNLAWFUL ACTIVITIES AFFECTING FISHING EQUIPMENT, CATCHES, OR ACTIVITIES OF ANOTHER PERSON, SO AS TO REVISE THE PENALTIES FOR VIOLATIONS OF THE SECTION; TO AMEND SECTION 50-5-325, AS AMENDED, RELATING TO COMMERCIAL EQUIPMENT LICENSES, SO AS TO REVISE THE SECTION AND FURTHER PROVIDE FOR THE USE AND REGULATION OF PEELER TRAPS; TO AMEND SECTION 50-5-555, RELATING TO TRAP PLACEMENT AND ATTENTION REQUIREMENTS, SO AS TO FURTHER PROVIDE THAT THE DEPARTMENT MAY REMOVE, DISPOSE OF, AND TREAT CERTAIN ABANDONED TRAPS AS CONTRABAND; TO AMEND SECTION 50-5-2500, RELATING TO POINT VALUES FOR SUSPENSION OF SALTWATER PRIVILEGES, SO AS TO PROVIDE POINTS FOR CERTAIN VIOLATIONS INVOLVING TRAPS, LINES, BUOYS, AND OBSTRUCTIONS OF NAVIGATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 5, Title 50 of the 1976 Code is amended by adding:
"Section 50-5-547. (A) Beginning July 1, 2004, a crab trap used for recreational purposes must have escape vents as provided in this section. Escape vents must be unobstructed. Circular rings must be two and three-eighths inches or greater in inside diameter. All vents must be located on vertical surfaces and within two inches of the horizontal partition or the base of the trap.
(B) A trap constructed of more than one chamber must have at least two vents. At least one vent must be in the upper chamber.
(C) A trap constructed of a single chamber must have at least one vent.
(D) A peeler trap used for recreational purposes is exempt from the provisions of this section."
SECTION 2. Article 13, Chapter 5, Title 50 of the 1976 Code is amended by adding:
"Section 50-5-1302. (A) The catch and possession limit for blue crabs is one bushel of lawful blue crabs per person per day. As used in this section, 'day' means the period from sunrise on a calendar day to sunrise on the next calendar day. The possession limit does not apply to:
(1) a commercial saltwater fisherman licensed to operate equipment capable of taking blue crabs,
(2) a licensed wholesale seafood dealer and his employees having documentation as to the lawful source of the blue crabs, or
(3) a person in possession of bills of lading or receipts showing that the blue crabs were received from a licensed retail or wholesale dealer.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars and not more than five hundred dollars or imprisoned for not more than thirty days. In addition, all blue crabs in the possession of a person violating this section are contraband and must be seized and disposed of as provided in this chapter."
SECTION 3. Article 1, Chapter 13, Title 50 of the 1976 Code is amended by adding:
"Section 50-13-390. (A) Except under permit as provided in this section, in the freshwaters of this State it is unlawful to take or attempt to take blue crabs:
(1) by gear or appliances other than drop nets, folding traps, and lines having no hooks and no more than one bait each, or
(2) for a commercial purpose.
(B) The department may designate specific freshwaters affected by extreme drought, as declared by the department under authority of Chapter 23 of Title 49, in which persons licensed to operate blue crab traps in saltwaters may use blue crab trotlines under permit issued by the department.
(C) When the use of blue crab traps and trotlines is prohibited or the take of blue crabs is restricted under authority of Section 50-5-32 in specific saltwaters due to extreme drought, as declared by the department under authority of Chapter 23 of Title 49, the department may designate specific freshwaters above such saltwater, in which persons licensed to operate blue crab traps in saltwaters may use blue crab traps or trotlines under permit issued by the department.
(D) In administering permits the department may:
(1) limit the number,
(2) employ a lottery to determine recipients,
(3) condition permits to designate areas, hours, type and amount of equipment, and catch reporting requirements, and
(4) cancel permits at any time.
(E) Before acquiring a permit a person must acquire a freshwater commercial fishing license.
(F) A blue crab trotline must:
(1) not have hooks,
(2) not have live bait, and
(3) be attended when in the water.
(G) Only one blue crab trotline may be used by the occupants of a boat.
(H) Other gear or appliances capable of taking fish or other aquatic resource may not be onboard a boat on which there is a blue crab trap or trotline or from which a blue crab trap or trotline is in use, provided dip nets may be used with a lawful blue crab trotline.
(I) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars and not more than five hundred dollars or imprisoned for not more than thirty days, and all blue crabs, fishing gear, and appliances in the possession of a person violating this section are contraband and must be seized and disposed of as provided in this chapter."
SECTION 4. Section 50-5-20(C) of the 1976 Code, as last amended by Act 245 of 2000, is further amended to read:
"(C) Except as otherwise provided, the provisions of this chapter do not apply to fish or fishing in the freshwaters of this State; however, limits on size, take, and possession of fish and marine resources established in this chapter apply regardless of where taken or possessed."
SECTION 5. Section 50-5-32 of the 1976 Code, as added by Act 342 of 2002, is amended to read:
"Section 50-5-32. The department has the authority to close any commercial or recreational fishing season, area, or activity in the salt waters of this State when an emergency exists. For the purposes of this section an emergency is an unusual, sudden, and unexpected or anticipated natural or man-induced situation or occurrence which threatens the future or present well-being of a fishery resource or its habitat in a part of or in all of the salt waters of this State. When acting under authority of this section, the department shall consider conditions and data enumerated in Section 50-5-30(B). Before declaration of an emergency closure, the department shall consult with the fishing community likely to be affected by the closure and consider data and other information provided by that community."
SECTION 6. Section 50-5-105(B) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars and not more than two thousand five hundred dollars or imprisoned not more than thirty days, and in addition, upon the first conviction, must have his saltwater privileges suspended for twelve months. Upon a second conviction which occurs within five years of the first conviction, the suspension period must be three years, and upon a third conviction which occurs within five years of the second conviction, the suspension must be five years."
SECTION 7. Section 50-5-325 of the 1976 Code, as last amended by Act 342 of 2002, is further amended to read:
"Section 50-5-325. (A) Commercial equipment, excluding vessels, used in the salt waters of this State and in fisheries for anadromous and catadromous species in any waters of this State must be licensed by the department. The owner and operator are responsible for obtaining a license to use:
(1) to use a trawl or trawls, and the cost is one hundred twenty-five dollars for residents and three hundred dollars for nonresidents;
(2) to use traps other than peeler traps, and the cost is twenty-five dollars per fifty traps and one dollar for each trap thereafter for residents, and one hundred twenty-five dollars per fifty traps and five dollars for each trap thereafter for nonresidents;
(3) peeler traps, and the cost is one dollar per trap for residents and three dollars per trap for nonresidents;
(4) to use a channel net for taking shrimp, and the cost is two hundred fifty dollars for each net;
(4)(5) to use a gill net for taking shad, herring, or sturgeon, and the cost is ten dollars per one hundred net yards or a fraction thereof for residents and fifty dollars per one hundred net yards or a fraction thereof for nonresidents, and to use any other gill net or haul seine the cost is ten dollars per one hundred net feet or a fraction thereof for residents and fifty dollars per one hundred net feet or a fraction thereof for nonresidents;
(5)(6) to use hand-held equipment to take shellfish, including tongs, rakes, and forks, at no cost;
(6)(7) to use a drag dredge, and the cost is seventy-five dollars for residents and three hundred seventy-five dollars for nonresidents;
(7)(8) to use other mechanically operated or boat-assisted equipment, other than equipment used to set or retrieve licensed equipment, and the cost is one hundred twenty-five dollars for residents and six hundred twenty-five dollars for nonresidents;
(8)(9) to use trotlines with baits or hooks, and the cost is ten dollars for residents and fifty dollars for nonresidents for each line having not more than fifty baits or hooks per line;
(9)(10) to use any other commercial equipment, and the cost is ten dollars for each type for residents and fifty dollars per type for nonresidents.
(B) The vessel on which a trawl or trawls is to be used must be specified on an application to the department and maintained current. The owner of a trawling vessel must furnish the name and address of the vessel master. Failure by the owner to supply or update the information required for the application so as to keep the information current at all times is a misdemeanor punishable as provided in this section.
(C) No A person under the age of sixteen years may not operate a trawler as master.
(D) No A person may not hold or apply for a separate license resulting in avoidance of a license fee differential specified in this section.
(E) A person may not acquire or attempt to acquire a license for more than two hundred peeler traps.
(F) To be used as peeler traps, traps licensed for use as other than peeler traps also must be licensed as peeler traps.
(G) Each net required to be licensed must be licensed separately.
(F)(H) Other than vessels solely transiting the State in interstate commerce, any vessel on or from which commercial equipment is used or transported must display on its port and starboard sides current identification decals provided by the department.
(G)(I) The department may require an owner or operator who uses commercial equipment without being present to affix an identification number and tag issued by the department to each piece of commercial equipment while the commercial equipment is in use. The owner and operator are responsible for assuring the number and tag are affixed.
(H)(J) Only those types of commercial equipment specifically allowed by this chapter may be used for commercial purposes; provided, the department may grant permits for additional equipment types as stated in Section 50-3-340.
(I)(K) A person who violates subsection (A)(1), (A)(3), (A)(7), or (H) (J) is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than five thousand dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months.
(J)(L) A person who violates subsection (A)(2), (A)(4), (A)(6), (A)(8), (A)(9), (D), (E), (F) (H), or (G) (I) is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
(K)(M) A person who violates subsection (A)(5), (B), or (C) is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
(L)(N) Any commercial equipment which is used while not properly licensed, permitted, or tagged or any equipment used for commercial purposes not specifically allowed for commercial purposes by this chapter is considered contraband and must be seized by the department and disposed of as provided by law."
SECTION 8. Section 50-5-555 of the 1976 Code, as added by Act 245 of 2000, is amended by adding:
"(F) The department may employ agents to remove abandoned traps. For the purpose of this subsection an abandoned trap is a trap in the saltwaters or on the bottoms of this State:
(1) not attached to a buoy, vessel, or fixed structure, or
(2) completely dry at any state of the tide.
(G) An abandoned trap removed under authority of subsection (F) is contraband and must be:
(1) transferred by the department to its agent as compensation for removal of the trap for use in shellfish cultivation as provided in Section 50-5-940(B) and (C),
(2) utilized by the department, or
(3) destroyed or disposed of by the department."
SECTION 9. Section 50-5-2500(A)(2) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(2) violating a law pertaining to crab size limit or sponge crabs, excessive marine growth on a trap, line, or buoy, allowing a trap to obstruct navigation, or allowing a portion of a trap to be exposed: 4;"
SECTION 10. This act takes effect upon approval by the Governor.
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