H*3869 Session 109 (1991-1992)
H*3869(Rat #0486, Act #0415 of 1992) General Bill, By J.J. Snow
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 11
to Chapter 17, Title 50 so as to provide a point system to be used in
suspending privileges, licenses, and permits for violations of coastal
fisheries laws and regulations and provide penalties.-amended title
04/11/91 House Introduced and read first time HJ-24
04/11/91 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-24
04/15/92 House Committee report: Favorable with amendment
Agriculture, Natural Resources and Environmental
Affairs HJ-4
04/29/92 House Amended HJ-268
04/29/92 House Read second time HJ-271
04/30/92 House Read third time and sent to Senate HJ-19
04/30/92 Senate Introduced and read first time SJ-10
04/30/92 Senate Referred to Committee on Fish, Game and Forestry SJ-10
05/19/92 Senate Committee report: Favorable Fish, Game and
Forestry SJ-16
05/20/92 Senate Read second time SJ-44
05/20/92 Senate Unanimous consent for third reading on next
legislative day SJ-44
05/21/92 Senate Read third time and enrolled SJ-22
05/27/92 Ratified R 486
06/01/92 Signed By Governor
06/01/92 Effective date 06/01/92
06/01/92 Act No. 415
07/09/92 Copies available
(A415, R486, H3869)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER
17, TITLE 50 SO AS TO PROVIDE A POINT SYSTEM TO BE
USED IN SUSPENDING PRIVILEGES, LICENSES, AND
PERMITS FOR VIOLATIONS OF COASTAL FISHERIES
LAWS AND REGULATIONS AND PROVIDE
PENALTIES.
Be it enacted by the General Assembly of the State of South
Carolina:
Point system for violations of coastal fisheries laws
SECTION 1. Chapter 17, Title 50 of the 1976 Code is amended
by adding:
"Article 11
Point System for Violations of
Coastal Fisheries Laws
Section 50-17-1110. For the purposes of this article:
(1) `Coastal fisheries privileges' means the privilege to engage
in an activity involving fishing or taking, attempting to take, or
possessing fish, shellfish, crustaceans, or products of them as
defined in Section 50-17-15 and includes an activity for which a
license or permit is required from the Division of Marine
Resources and the privilege to hold a license or permit.
(2) `Conviction' includes the entry of a plea of guilty or nolo
contendere and the forfeiture of bail or collateral deposited to
secure a defendant's appearance in court.
(3) `Department' means the South Carolina Wildlife and
Marine Resources Department.
Section 50-17-1120. (A) There is established the
following point system to be used by the department in
suspending the privileges, licenses, and permits of persons
convicted for violations of law and regulations which apply to
coastal fisheries activities within this State:
(1) fishing or taking, attempting to take, buying, selling,
or offering for sale fish, shellfish, or crustaceans without a proper
license or permit: 18;
(2) fishing or taking or attempting to take fish, shellfish,
or crustaceans in an unlawful manner, during unlawful hours or
during the closed season for the activity, except shrimp trawling
violations or violations in areas closed by the South Carolina
Department of Health and Environmental Control: 10;
(3) violating commercial fishing license or permit
conditions: 8;
(4) using unlawful or unauthorized fishing methods, gear,
or equipment: 8;
(5) failing to keep records or make reports required by
law or regulation: 6;
(6) violating size limit provisions set by law for fish,
shellfish, crustaceans, or other seafood products: 6;
(7) possessing more than the legal limit of fish, shellfish,
or crustaceans: 6;
(8) unlawfully buying, selling, or offering for sale fish,
shellfish, crustaceans, or other seafood products by a properly
licensed or permitted person: 10;
(9) harvesting shellfish on culture permit areas or state
bottoms without proper permission or permit: 8;
(10) harvesting shellfish in an area closed to shellfishing
by the Department of Health and Environmental Control: 18;
(11) stealing catch or fishing equipment or damaging or
interfering with fishing equipment: 18;
(12) trawling or channel netting in an area closed to
trawling or during closed season: 8;
(13) captain or crew of a boat failing to cooperate with an
enforcement officer: 18;
(14) wilfully impeding or obstructing the lawful harvest of
marine species: 18;
(15) trawling during unlawful hours or within restricted
areas off beaches: 8;
(16) violating law pertaining to female sponge crabs:
8;
(17) fishing or taking, attempting to take, or possessing
fish, shellfish, crustaceans, or other seafood products in an illegal
manner not mentioned specifically in this section: 6.
(B) The points and penalties assessed under this section are in
addition to other civil remedies and criminal penalties which may
be assessed.
Section 50-17-1130. Each time a person is convicted of a
violation enumerated in Section 50-17-1120 the number of points
assigned to a violation must be charged against him. For each
calendar year in which the person received no points, the
department shall deduct one-half of the accumulated points if the
total number of points is greater than three. If a person has three
or less points at the end of a calendar year in which no points were
received, the department shall reduce his point total to zero. The
points and penalties assessed are in addition to other civil
remedies and criminal penalties. Nothing in this article affects the
action of the department in suspending, revoking, or canceling a
license or permit when the action is mandatory under the law of
this State. However, the suspension provisions of this article,
when applied, are in lieu of other suspension provisions under the
law of this State.
Section 50-17-1140. The department shall suspend for one
year the coastal fisheries privileges and associated licenses and
permits issued to a person who has accumulated eighteen or more
points. The suspension begins the eleventh day after the person
receives written notice by mail, return receipt requested, of the
suspension and ends the same day the following year. The
suspension provisions of this article do not apply to a boat or
vessel license or permit, except as applied to a person operating
the boat or vessel under Section 50-17-1120(A)(1).
Section 50-17-1150. (A) Upon determination by the
department that a person has accumulated sufficient points to
warrant the suspension of his privileges, the department shall
notify him in writing, return receipt requested, that his privileges
have been suspended, and he shall return the license or permit,
other than a boat or vessel license or permit, in his name to the
department within ten days.
(B) The person, within ten days after the notice of suspension,
may request in writing a review and, upon receipt of the request,
the department shall afford him a review. The department shall
notify him of the date, time, and place of the review, and he may
be represented by an attorney. The review must take place within
twenty working days of receiving the request.
(C) If the person requests a review, the suspension must be
held in abeyance until the day of the final disposition of his
review by the department. If the suspension is upheld, the
suspension begins the eleventh day after the review and ends the
same day the following year. The review by the department is
limited to a determination of the validity of the violations and
points assessed. No probationary authority is given to the
department.
Section 50-17-1160. (A) A person whose privileges have
been suspended may appeal the decision of the department under
Article 3, Chapter 23 of Title 1, the Administrative Procedures
Act.
(B) If the person requests a review upon the record, the
suspension is held in abeyance until the day of the final
disposition of the appeal, and if the suspension is upheld, the
suspension begins that day and ends the same day the following
year.
Section 50-17-1170. After the expiration of the suspension
period the person's record must be cleared of all points.
Section 50-17-1180. The department shall administer and
enforce this article and may promulgate regulations for its
implementation. The department shall print and distribute a
brochure explaining the point system.
Section 50-17-1190. A person engaging in activities
suspended by this article while the suspension is in effect is guilty
of a misdemeanor and, upon conviction, for a first offense must be
fined two hundred dollars or imprisoned thirty days and have his
coastal fisheries privileges suspended for an additional three-year
period for each offense. A person convicted of a second or
subsequent offense under this section must be fined two thousand
five hundred dollars or imprisoned one year."
Time effective
SECTION 2. This act takes effect upon approval by the
Governor.
Approved the 1st day of June, 1992. |