S*402 Session 105 (1983-1984)
S*0402(Rat #0289, Act #0274 of 1984) General Bill, By J.M. Waddell
A Bill to amend Section 50-17-1615, as amended, Code of Laws of South
Carolina, 1976, relating to the penalties for violations of shrimp trawling
provisions, so as to provide for the seizure and sale of boats, equipment,
rigging, and catch used or caught while unlawfully trawling in sounds and
bays.
03/30/83 Senate Introduced and read first time SJ-843
03/30/83 Senate Referred to Committee on Fish, Game and Forestry SJ-844
04/12/83 Senate Committee report: Favorable Fish, Game and
Forestry SJ-971
04/13/83 Senate Read second time SJ-993
04/14/83 Senate Read third time and sent to House SJ-1012
04/14/83 House Introduced and read first time HJ-2276
04/14/83 House Referred to Committee on Agriculture and Natural
Resources HJ-2276
02/08/84 House Committee report: Favorable Agriculture and
Natural Resources HJ-854
02/14/84 House Read second time HJ-899
02/16/84 House Read third time and enrolled HJ-928
03/01/84 Ratified R 289
03/05/84 Signed By Governor
03/05/84 Effective date 03/05/84
03/05/84 Act No. 274
03/12/84 Copies available
(A274, R289, S402)
AN ACT TO AMEND SECTION 50-17-1615, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE PENALTIES FOR VIOLATIONS OF SHRIMP TRAWLING PROVISIONS, SO
AS TO PROVIDE FOR THE SEIZURE AND SALE OF BOATS, EQUIPMENT, RIGGING, AND CATCH
USED OR CAUGHT WHILE UNLAWFULLY TRAWLING IN SOUNDS AND BAYS.
Be it enacted by the General Assembly of the State of South Carolina:
Penalties for trawling shrimp; seizure of property
SECTION 1. The last paragraph of Section 50-17-1615, as last amended by Act 128
of 1983, is further amended to read:
"In addition to any other penalty, the use of a boat for shrimp trawling
in any area which is never open to shrimp trawling or during the period for which
its license has been suspended for a first offense is a misdemeanor, and the
boat, including its rigging, equipment, and catch shall be seized by the Marine
Resources Division and upon conviction the license of the boat and captain shall
be suspended for forty-five days. The catch shall be sold and the proceeds of
the sale shall be held along with the other property pending final disposition
of the case. Upon conviction, the boat, equipment, and rigging held must be sold
at public sale to the highest bidder for cash before the courthouse door of the
county in which it was captured after giving ten days' notice of the sale in a
newspaper published in the county. A second offense occurring within one year
of the first offense shall result in seizure of the boat, including its rigging,
equipment, and catch, and upon conviction the suspension of the license of the
boat and the captain for ninety days and a fine of two hundred dollars shall be
levied upon the captain. A third or subsequent offense occurring within one year
of the immediate prior offense shall result in seizure of the boat, including its
rigging, equipment, and catch, and upon conviction the suspension of the license
of the boat and the captain for one full year and a fine of two hundred dollars
shall be levied upon the captain. In addition to any other penalty, a vessel
unlawfully trawling in the area defined by Section 50-17-1520 (the sounds and
bays when closed) shall be seized by the Marine Resources Division along with its
equipment, rigging, and catch. The catch must be sold and the proceeds held
along with the other property pending the final disposition of the case. Upon
conviction of the captain or operator for unlawfully trawling in a closed area
the vessel, equipment, and rigging shall be sold at public auction to the highest
bidder before the courthouse door of the county in which it was seized after
giving ten days' notice in a newspaper of local circulation. In the event of
seizure, if the boat, equipment, and rigging is worth more than twenty-four
thousand dollars, the owner may redeem it at any time before the public sale by
paying five thousand dollars, and if the property is of equal or less value than
twenty-four thousand dollars, the owner may redeem it at any time before the
public sale by paying two thousand dollars. The Marine Resources Division must
determine the value of all seized property for the purposes of this
section."
Time effective
SECTION 2. This act shall take effect upon approval by the Governor. |