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H. 4571
STATUS INFORMATION
General Bill
Sponsors: Reps. Barfield, E.H. Pitts, Bailey, J. Brown, Hosey, Leach, Littlejohn, Loftis, Rhoad and Young
Document Path: l:\council\bills\gjk\20760sd06.doc
Introduced in the House on February 1, 2006
Currently residing in the House Committee on Agriculture, Natural Resources and Environmental Affairs
Summary: Saltwater fishing devices
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/1/2006 House Introduced and read first time HJ-11
2/1/2006 House Referred to Committee on Agriculture, Natural Resources
and Environmental Affairs HJ-12
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 50-5-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CERTAIN FISHING DEVICES IN THE SALT WATERS OF THIS STATE FOR RECREATIONAL PURPOSES BY PERSONS NOT COMMERCIALLY LICENSED, SO AS TO INCLUDE "GIGS" AND CERTAIN "GILL NETS" IN THE LIST OF PERMITTED DEVICES; TO AMEND SECTION 50-5-345, RELATING TO THE REQUIREMENT THAT A PERSON BE A COMMERCIALLY LICENSED SALTWATER FISHERMAN IN ORDER TO OBTAIN CERTAIN MARINE RESOURCE PERMITS, SO AS TO PROVIDE EXCEPTIONS; TO AMEND SECTION 50-5-1500, RELATING TO PERMITS FOR SHAD, HERRING, AND STURGEON, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS OF THE PERMIT AS IT RELATES TO COMMERCIAL AND RECREATIONAL FISHERMEN; TO AMEND SECTION 50-5-1510, AS AMENDED, RELATING TO SPECIAL PROVISIONS FOR SHAD AND HERRING, SO AS TO ALLOW RECREATIONAL FISHERMAN TO USE A CERTAIN GILL NET TO TAKE SHAD OR HERRING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-5-330 of the 1976 Code, as last amended by Act 342 of 2002, is further amended to read:
"Section 50-5-330. (A) A person may fish or use the following in the salt waters of this State solely for recreational purposes without the person or gear being commercially licensed:
(1) shrimp seines;
(2) hand-operated tongs, rakes except bull rakes, and forks except seed forks, used to harvest shellfish;
(3) hook and line or rod and reel;
(4) minnow traps, drop nets, and dip nets;
(5) cast nets; however, the use must comply with all other provisions of law;
(6) no more than two crab traps;
(7) no more than two trotlines with a cumulative total of not more than fifty hooks or baits;
(8) no more than ten bush or pole lines with single hooks or baits;
(9) gigs.
(B) A person may use a lawful gill net the following licensed gill nets for other than commercial purposes without a commercial saltwater fishing license:
(1) a single lawful gill net of not more than one hundred feet in length;
(2) a single lawful shad gill net;
(3) a single lawful herring gill net.
(C) A person may use lawful minnow traps to take fish for a commercial purpose for use as bait without a commercial saltwater fishing license.
(D) No person may retrieve any unattended recreational equipment used pursuant to this section unless the owner is present. A person may retrieve equipment with the written permission of the owner, but no fish may be retained.
(E) A person who violates this section by fishing or using equipment in excess of the numbers allowed in this section or in violation of subsection (D) is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days."
SECTION 2. Section 50-5-345 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-345. (A) In order to obtain any permit authorized under this chapter for taking marine resources except scientific, educational, and commercial display permits, a person must be a licensed commercial saltwater fisherman, except as otherwise provided, and hold all other required licenses.
(B) Any permit granted may be revoked by the department for a violation of a condition of the permit or of a related conservation law."
SECTION 3. Section 50-5-1500 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-1500. (A) This article governs specific anadromous and catadromous fisheries in both freshwaters and salt waters.
(B) The department may restrict the number of nets for taking shad, herring, or sturgeon in any body of water where the numbers of nets or fishermen must be limited due to statutory limitations on placement of nets, to prevent congestion of nets or watercraft, or for conservation purposes. The department may grant permits to licensed commercial saltwater fishermen for this purpose. Permits may be limited in number and may be conditioned so as to designate areas, size and take limits, hours, type and amount of equipment, and catch reporting requirements.
(C) A person taking or attempting to take shad, herring, or sturgeon in the waters of this State with commercial equipment must obtain a commercial saltwater fishing license and commercial equipment license required under this chapter and any related permits, provided a person may use one properly licensed shad gill net or one properly licensed herring gill net for other than a commercial purpose without obtaining a commercial saltwater fishing license in either freshwaters or salt waters of this State.
(D) It is unlawful to take or attempt to take shad, herring, or sturgeon with commercial equipment without obtaining the required fishing licenses or permits. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days."
SECTION 4. Section 50-5-1510(A)(2) of the 1976 Code, as last amended by Act 342 of 2002, is further amended to read:
"(2) It is unlawful for a recreational fisherman to take shad or herring with any other fishing equipment except cast nets, skim-bow nets, and hook and line which includes rod and reel, provided that a recreational fisherman may use a properly licensed gill net may be used to take shad or herring for recreational purposes. Except from sanctuaries designated by the department, a recreational fisherman may take shad or herring:
(a) by hook and line and cast net at any time of the year,;
(b) by skim-bow net from February 1 through April 30; and
(c) by licensed gill net during those times as provided in this article for commercial fishing."
SECTION 5. This act takes effect upon approval by the Governor.
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