H*2613 Session 105 (1983-1984)
H*2613(Rat #0214, Act #0128 of 1983) General Bill, By W.N. Cork, R.L. Altman,
P. Evatt, Harvin, J.C. Hearn, L.I. Hendricks and J.J. Snow
A Bill to amend Section 50-17-506, relating to reciprocal licenses and fishing
rights among South Carolina and other States, so as to place limitations on
equipment, seasons, and areas and commercial fishing licenses on a nonresident
comparable to limitations placed on South Carolina fishermen by his State, to
amend Sections 50-17-1620 and 50-17-1615, as amended, relating to the taking
of shrimp or prawn, so as to regulate the use of cast nets for the taking of
shrimp and to provide penalties for violation and to impose additional
penalties for unlawful trawling in the sounds and bays when closed.-amended
title
03/03/83 House Introduced and read first time HJ-1290
03/03/83 House Referred to Committee on Agriculture and Natural
Resources HJ-1290
04/14/83 House Committee report: Favorable with amendment
Agriculture and Natural Resources HJ-2200
04/19/83 House Amended HJ-2295
04/19/83 House Read second time HJ-2295
04/20/83 House Read third time and sent to Senate HJ-2310
04/20/83 Senate Introduced and read first time SJ-1053
04/20/83 Senate Referred to Committee on Fish, Game and Forestry
SJ-1053
05/25/83 Senate Committee report: Favorable with amendment Fish,
Game and Forestry SJ-1470
06/02/83 Senate Amended SJ-1766
06/02/83 Senate Read second time SJ-1766
06/03/83 Senate Read third time SJ-1854
06/03/83 Senate Returned SJ-1854
06/07/83 House Concurred in Senate amendment and enrolled HJ-3566
06/10/83 Ratified R 214
06/15/83 Signed By Governor
06/15/83 Effective date 06/15/83
06/15/83 Act No. 128
06/27/83 Copies available
(A128, R214, H2613)
AN ACT TO AMEND SECTION 50-17-506, RELATING TO RECIPROCAL LICENSES AND FISHING
RIGHTS AMONG SOUTH CAROLINA AND OTHER STATES, SO AS TO PLACE LIMITATIONS ON
EQUIPMENT, SEASONS, AND AREAS AND COMMERCIAL FISHING LICENSES ON A
NONRESIDENT COMPARABLE TO LIMITATIONS PLACED ON SOUTH CAROLINA FISHERMEN
BY HIS STATE, TO AMEND SECTIONS 50-17-1620 AND 50-17-1615, AS AMENDED, RELATING TO
THE TAKING OF SHRIMP OR PRAWN, SO AS TO REGULATE THE USE OF CAST NETS FOR THE
TAKING OF SHRIMP AND TO PROVIDE PENALTIES FOR VIOLATION AND TO IMPOSE
ADDITIONAL PENALTIES FOR UNLAWFUL TRAWLING IN THE SOUNDS AND BAYS WHEN
CLOSED.
Be it enacted by the General Assembly of the State of South Carolina:
Nonresident fishing
SECTION 1. Section 50-17-506 of the 1976 Code is amended to read:
"Section 50-17-506. In the event that a nonresident's state charges South Carolina residents commercial
license fees in excess of the amounts provided for like activities in Chapter 17 of Title 50, the nonresident
must pay the same total license fees which his state charges South Carolina residents. The Division of Marine
Resources may deny issuance of any license or permits for commercial fishing equipment or activities to
residents of any coastal state which denies the same privileges to South Carolina residents. The Division may
limit the type of fishing equipment used, seasons, and areas where nonresidents may fish in accordance with
comparable limitations placed upon South Carolina fishermen by the nonresident's state."
Taking shrimp
SECTION 2. Section 50-17-1620 of the 1976 Code is amended to read:
"Section 50-17-1620. It is unlawful to catch or take shrimp by cast net for commercial purposes, other
than for sale as live bait, in or near any waters or bottoms which have been baited by placing, depositing, or
scattering any material to attract or lure shrimp toward the bait or to cause shrimp to congregate in the area
where the bait is placed.
Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction shall be
fined not more than two hundred dollars or imprisoned for not more than thirty days, the boat and equipment
licenses and the fisherman's land and sell license of such person shall be suspended for one year and the boat,
rigging, nets, equipment, and the catch shall be seized and forfeited as provided in Section 50-17-1615."
Trawling for shrimp penalty
SECTION 3. The last paragraph of Section 50-17-1615, as last amended by Act 110 of 1979, 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 4. This act shall take effect upon approval by the Governor. |