S*0902(Rat #0368, Act #0334 of 1984)  General Bill, By 
Senate Fish, Game and Forestry
 A Bill to amend Sections 50-17-1230, Code of Laws of South Carolina, 1976,
 relating to permits for harvesting shellfish, so as to prohibit harvesting of
 shellfish from state-owned or leased bottoms for commercial purposes without a
 permit; to prohibit shellfish harvesting at night except by permit; and to
 provide penalties for violations.

   03/20/84  Senate Introduced, read first time, placed on calendar
                     without reference SJ-1078
   03/22/84  Senate Read second time SJ-1148
   03/27/84  Senate Read third time and sent to House SJ-1195
   03/27/84  House  Introduced and read first time HJ-1999
   03/27/84  House  Referred to Committee on Agriculture and Natural
                     Resources HJ-1999
   03/29/84  House  Committee report: Favorable Agriculture and
                     Natural Resources HJ-2059
   04/04/84  House  Read second time HJ-2153
   04/05/84  House  Read third time and enrolled HJ-2248
   04/18/84         Ratified R 368
   04/20/84         Signed By Governor
   04/20/84         Effective date 04/20/84
   04/20/84         Act No. 334
   05/01/84         Copies available

AN ACT TO AMEND SECTION 50-17-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR HARVESTING SHELLFISH, SO AS TO PROHIBIT HARVESTING OF SHELLFISH FROM STATE-OWNED OR LEASED BOTTOMS FOR COMMERCIAL PURPOSES WITHOUT A PERMIT; TO PROHIBIT SHELLFISH HARVESTING AT NIGHT EXCEPT BY PERMIT; AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

Unlawful to harvest shellfish under certain conditions

SECTION 1. Section 50-17-1230 of the 1976 Code is amended to read:

"Section 50-17-1230. It is unlawful for any person to take or harvest shellfish for commercial purposes from state-owned bottoms not under lease without a permit issued by the Marine Resources Division (Division). A permit is also required for harvesting shellfish from bottoms under lease by the State if mechanically operated devices including dredges, hydraulic escalators, patent tongs, and mechancial oyster harvesters are used. The permits shall include provisions specifying the areas, times, types of equipment, species to be harvested, catch reporting requirements, and other conditions that the Division determines necessary. The Division may limit the number of permits in accordance with sound fishery management practices.

Any person issued any permit under this section shall harvest shellfish, whether for commercial or personal use, only from the areas of state bottoms specified on the permit, or from leased bottoms with written permission from the leaseholder.

It is unlawful for any person to harvest shellfish between one half hour after official sunset and one half hour before official sunrise. In the case of bottoms under lease by the State, harvesting of shellfish during the period specified is lawful under special permit from the Division.

Any person violating the provisions of this section or failing to abide by the provisions of a permit issued under this Section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days. In addition, any person found guilty of a violation of any of the conditions or requirements of a permit issued under this section, or convicted of a violation of applicable conservation laws or regulations, shall have the permit issued to him suspended for the next thirty open season days following the date of conviction. Any boat, motor, and fishing equipment used by a person engaged in the taking of shellfish without a permit as required by this section, or during the period which his permit has been suspended, must be seized, and upon conviction, sold or redeemed as provided for in Section 50-17-1615."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.