H*2613(Rat #0093, Act #0060 of 1985)  General Bill, By 
 House Agriculture and Natural Resources
 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 revise the procedure for the sale of boats, equipment,
 rigging and catch used or caught while unlawfully trawling by deleting
 references to seizure by the Division of Marine Resources and the requirement
 that public sale must be for cash before the courthouse door of the county
 where the property is seized.

   03/19/85  House  Introduced, read first time, placed on calendar
                     without reference HJ-1393
   03/20/85  House  Read second time HJ-1489
   03/21/85  House  Read third time and sent to Senate HJ-1547
   03/26/85  Senate Introduced and read first time SJ-1016
   03/26/85  Senate Referred to Committee on Fish, Game and Forestry
                     SJ-1016
   04/16/85  Senate Committee report: Favorable Fish, Game and
                     Forestry SJ-1520
   04/17/85  Senate Read second time SJ-1554
   04/18/85  Senate Read third time and enrolled SJ-1599
   04/24/85         Ratified R 93
   04/29/85         Signed By Governor
   04/29/85         Effective date 04/29/85
   04/29/85         Act No. 60
   05/14/85         Copies available

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 REVISE THE PROCEDURE FOR THE SALE OF BOATS, EQUIPMENT, RIGGING, AND CATCH USED OR CAUGHT WHILE UNLAWFULLY TRAWLING BY DELETING REFERENCES TO SEIZURE BY THE DIVISION OF MARINE RESOURCES AND THE REQUIREMENT THAT PUBLIC SALE MUST BE FOR CASH BEFORE THE COURTHOUSE DOOR OF THE COUNTY WHERE THE PROPERTY IS SEIZED.

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

Shrimp trawling prohibited - penalty

SECTION 1. The last paragraph of Section 50-17-1615, as last amended by Act 274 of 1984, 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 must be seized and upon conviction the license of the boat and captain must be suspended for forty-five days. The catch must be sold and the proceeds of the sale must 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 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 must 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 must 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) must be seized 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 must be sold at public auction to the highest bidder after giving ten days' public 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 shall 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.