H*3361(Rat #0188, Act #0178 of 2002)  General Bill, By Scarborough, Simrill, 
Altman, Campsen, Coates, Hinson, Law, Limehouse, Littlejohn, Loftis, Merrill, 
D. Owens, Perry, Sinclair, Snow, Talley, Taylor and Thompson
 A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
 ADDING SECTION 50-5-2517, SO AS TO PROVIDE THAT, EXCEPT WHEN AUTHORIZED BY A
 FEDERAL PERMIT, IT IS UNLAWFUL FOR ANY PERSON TO CATCH, ATTEMPT TO CATCH,
 FEED, FEED BY HAND, MOLEST, INJURE, KILL, ANNOY, HARASS, OR INTERFERE WITH THE
 NORMAL ACTIVITY AND WELL-BEING OF ANY MAMMALIAN DOLPHIN OR PORPOISE, AND TO
 PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-5-1910,
 AS AMENDED, RELATING TO SALTWATER RECREATIONAL FISHING STAMPS AND LICENSES, SO
 AS TO PROVIDE THAT NO PERSON SIXTEEN YEARS OF AGE OR OLDER MAY ENGAGE IN
 FISHING FOR RECREATION IN SOUTH CAROLINA SALT WATERS WITHOUT A SALTWATER
 RECREATIONAL FISHERIES LICENSE OR A TEMPORARY SALTWATER RECREATIONAL FISHERIES
 LICENSE; TO AMEND SECTION 50-5-1920, AS AMENDED, RELATING TO CERTAIN FISHING
 STAMPS AND LICENSES, SO AS TO REVISE THE SECTION AND PROVIDE FOR THE ANNUAL
 AND TEMPORARY RESIDENT AND NONRESIDENT SALTWATER RECREATIONAL FISHING
 LICENSES, ANNUAL SALTWATER PUBLIC FISHING PIER LICENSES, ANNUAL CHARTER
 FISHING VESSEL LICENSE, AND FOR THE USE OF REVENUE ATTRIBUTABLE TO CERTAIN
 LICENSE FEE INCREASES BEGINNING JULY 1, 2002; TO AMEND SECTION 50-5-1930, AS
 AMENDED, RELATING TO RECOGNITION OF CERTAIN STAMPS ISSUED BY OTHER STATES, SO
 AS TO PROVIDE THAT, IF A COASTAL STATE WHICH HAS OR ESTABLISHES A SALTWATER
 RECREATIONAL FISHERIES LICENSE RECOGNIZES THE VALIDITY OF A SOUTH CAROLINA
 SALTWATER RECREATIONAL FISHERIES LICENSE, SOUTH CAROLINA MUST RECOGNIZE THE
 VALIDITY OF A CORRESPONDING LICENSE HELD BY RESIDENTS OF THAT STATE; TO AMEND
 SECTION 50-5-1935, AS AMENDED, RELATING TO COMMEMORATIVE STAMPS, SO AS TO
 PROVIDE THAT STAMPS PRODUCED AND SOLD AS COMMEMORATIVE OR COLLECTORS ITEMS DO
 NOT AUTHORIZE RECREATIONAL FISHING; TO AMEND SECTION 50-5-1940, RELATING TO
 CREATION AND DESIGN OF STAMPS, LICENSES, PRINTS, AND RELATED ARTICLES, BY
 DELETING "SHALL" AND INSERTING "MAY" SO AS TO PROVIDE THAT THE DEPARTMENT OF
 NATURAL RESOURCES MAY CREATE AND DESIGN STAMPS, LICENSES, SALTWATER
 RECREATIONAL FISHERIES PRINTS, AND RELATED ARTICLES; AND TO AMEND SECTION
 50-5-1950, RELATING TO THE SALTWATER RECREATIONAL FISHERIES ADVISORY
 COMMITTEE, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMITTEE BY ADDING ONE
 MEMBER EACH FROM DORCHESTER AND BERKELEY COUNTIES.-amended title

   01/25/01  House  Introduced and read first time HJ-5
   01/25/01  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-5
   03/28/01  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-2
   04/03/01  House  Amended HJ-12
   04/03/01  House  Read second time HJ-13
   04/04/01  House  Read third time and sent to Senate HJ-17
   04/04/01  Senate Introduced and read first time SJ-10
   04/04/01  Senate Referred to Committee on Fish, Game and Forestry SJ-10
   04/19/01  Senate Committee report: Favorable Fish, Game and
                     Forestry SJ-11
   05/31/01  Senate Amended SJ-44
   05/31/01  Senate Read second time SJ-44
   05/31/01  Senate Unanimous consent for third reading on next
                     legislative day SJ-44
   06/01/01  Senate Read third time and returned to House with
                     amendments SJ-1
   06/05/01  House  Recommitted to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-1
   02/06/02  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-4
   02/12/02  House  Amended HJ-15
   02/12/02  House  Read second time HJ-18
   02/13/02  House  Pursuant to Rule 4.8, read third time and sent to
                     Senate HJ-11
   02/13/02  Senate Concurred in House amendment and enrolled SJ-13
   02/27/02         Ratified R 188
   03/06/02         Became law without Governor's signature
   03/12/02         Act No. 178
   03/13/02         Copies available
   03/13/02         Effective date 03/06/02

AN ACT TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-2517, SO AS TO PROVIDE THAT, EXCEPT WHEN AUTHORIZED BY A FEDERAL PERMIT, IT IS UNLAWFUL FOR ANY PERSON TO CATCH, ATTEMPT TO CATCH, FEED, FEED BY HAND, MOLEST, INJURE, KILL, ANNOY, HARASS, OR INTERFERE WITH THE NORMAL ACTIVITY AND WELL-BEING OF ANY MAMMALIAN DOLPHIN OR PORPOISE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-5-1910, AS AMENDED, RELATING TO SALTWATER RECREATIONAL FISHING STAMPS AND LICENSES, SO AS TO PROVIDE THAT NO PERSON SIXTEEN YEARS OF AGE OR OLDER MAY ENGAGE IN FISHING FOR RECREATION IN SOUTH CAROLINA SALT WATERS WITHOUT A SALTWATER RECREATIONAL FISHERIES LICENSE OR A TEMPORARY SALTWATER RECREATIONAL FISHERIES LICENSE; TO AMEND SECTION 50-5-1920, AS AMENDED, RELATING TO CERTAIN FISHING STAMPS AND LICENSES, SO AS TO REVISE THE SECTION AND PROVIDE FOR THE ANNUAL AND TEMPORARY RESIDENT AND NONRESIDENT SALTWATER RECREATIONAL FISHING LICENSES, ANNUAL SALTWATER PUBLIC FISHING PIER LICENSES, ANNUAL CHARTER FISHING VESSEL LICENSES, AND FOR THE USE OF REVENUE ATTRIBUTABLE TO CERTAIN LICENSE FEE INCREASES BEGINNING JULY 1, 2002; TO AMEND SECTION 50-5-1930, AS AMENDED, RELATING TO RECOGNITION OF CERTAIN STAMPS ISSUED BY OTHER STATES, SO AS TO PROVIDE THAT, IF A COASTAL STATE WHICH HAS OR ESTABLISHES A SALTWATER RECREATIONAL FISHERIES LICENSE RECOGNIZES THE VALIDITY OF A SOUTH CAROLINA SALTWATER RECREATIONAL FISHERIES LICENSE, SOUTH CAROLINA MUST RECOGNIZE THE VALIDITY OF A CORRESPONDING LICENSE HELD BY RESIDENTS OF THAT STATE; TO AMEND SECTION 50-5-1935, AS AMENDED, RELATING TO COMMEMORATIVE STAMPS, SO AS TO PROVIDE THAT STAMPS PRODUCED AND SOLD AS COMMEMORATIVE OR COLLECTORS ITEMS DO NOT AUTHORIZE RECREATIONAL FISHING; TO AMEND SECTION 50-5-1940, RELATING TO CREATION AND DESIGN OF STAMPS, LICENSES, PRINTS, AND RELATED ARTICLES, BY DELETING "SHALL" AND INSERTING "MAY" SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY CREATE AND DESIGN STAMPS, LICENSES, SALTWATER RECREATIONAL FISHERIES PRINTS, AND RELATED ARTICLES; AND TO AMEND SECTION 50-5-1950, RELATING TO THE SALTWATER RECREATIONAL FISHERIES ADVISORY COMMITTEE, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMITTEE BY ADDING ONE MEMBER EACH FROM DORCHESTER AND BERKELEY COUNTIES.

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

Catching, feeding, molesting, injuring, or killing mammalian dolphin or porpoise, unlawful; penalties

SECTION 1. Article 23, Chapter 5, Title 50 of the 1976 Code is amended by adding:

"Section 50-5-2517. Except when authorized by a federal permit, it is unlawful for any person to catch, attempt to catch, feed, feed by hand, kill, or harass any mammalian dolphin or porpoise. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred fifty dollars nor more than one thousand dollars or imprisoned for not more than thirty days, or both."

Saltwater recreational fisheries licenses

SECTION 2. Section 50-5-1910(A) of the 1976 Code, as last amended by Act 370 of 2000, is further amended to read:

"(A) Except as otherwise provided, no person sixteen years of age or older may engage in fishing for recreation in South Carolina salt waters without:

(1) a saltwater recreational fisheries license; or

(2) a temporary saltwater recreational fisheries license."

Annual, temporary, resident, and nonresident saltwater recreational fishing licenses; saltwater public fishing pier licenses, charter fishing vessel licenses; fees

SECTION 3. Section 50-5-1920 of the 1976 Code, as last amended by Act 370 of 2000, is further amended to read:

"Section 50-5-1920. (A) For the privilege of fishing for recreation in the salt waters of this State:

(1) a resident must purchase an annual saltwater recreational fisheries license for ten dollars; and

(2) a nonresident must purchase an annual saltwater recreational fisheries license for thirty-five dollars.

(B) In lieu of obtaining an annual saltwater recreational fisheries license:

(1) a resident may purchase a temporary saltwater recreational fisheries license valid for any fourteen specified consecutive days for five dollars; and

(2) a nonresident may purchase a temporary saltwater recreational fisheries license valid for any fourteen specified consecutive days for eleven dollars.

(C) The agent who issues any license provided in (A) or (B) may retain one dollar for each license issued, and the balance must be paid to the department.

(D) For the privileges afforded a person holding a temporary fisheries license, such person need not first acquire an annual saltwater recreational fisheries license.

(E) For the privilege of operating a public fishing pier in the salt waters of this State the owner or operator must purchase an annual saltwater public fishing pier license for one hundred fifty dollars for a pier one hundred feet or less in total length or three hundred fifty dollars for a pier greater than one hundred feet in total length.

(F) For the privilege of operating a charter fishing vessel in the salt waters of this State the owner or operator must purchase an annual charter fishing vessel license for one hundred fifty dollars for vessels licensed to carry six or fewer passengers, two hundred fifty dollars for vessels licensed to carry seven to forty-nine passengers, and three hundred fifty dollars for vessels licensed to carry more than forty-nine passengers. Provided, the annual fee for the issuance of the license is forty dollars if the vessel carries only the passengers who hire the vessel.

(G) The licenses must be made available throughout this State by the department or its authorized agents and must be issued for the time prescribed in Section 50-9-20.

(H) Revenue attributable to the fee increase beginning July 1, 2002, must be used for Section 50-5-1945(A)(1),(2), and (3) activities only."

Recognition of stamps issued by other states

SECTION 4. Section 50-5-1930 of the 1976 Code, as last amended by Act 370 of 2000, is further amended to read:

"Section 50-5-1930. If a coastal state which has or establishes a saltwater recreational fisheries license recognizes through statute, regulation, or reciprocal agreement the validity of a South Carolina saltwater recreational fisheries license within its boundaries, South Carolina must recognize the validity of a corresponding license held on his person by residents of that state."

Commemorative stamps authorized, commemorative or collectors items do not authorize recreational fishing

SECTION 5. Section 50-5-1935 of the 1976 Code, as last amended by Act 370 of 2000, is further amended to read:

"Section 50-5-1935. The department may produce stamps as commemorative or collectors items which must be sold for not less than five dollars and fifty cents. The stamp does not authorize recreational fishing. The proceeds must be retained by the department."

Creation and design of stamps, licenses, saltwater recreational fisheries prints, and related articles

SECTION 6. Section 50-5-1940 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-1940. The department may create and design the stamp and license and develop saltwater recreational fisheries prints and related articles. The department is responsible for the administration, sale, and distribution of the stamps, licenses, prints, and related articles."

Saltwater recreational fisheries advisory committee; membership

SECTION 7. Section 50-5-1950(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"(A) A Saltwater Recreational Fisheries Advisory Committee is established to assist in prioritizing the expenditures of monies received in the special account. The committee is composed of:

(1) one member of the Board of the Department of Natural Resources to serve ex officio;

(2) two at-large members appointed by the Governor; and

(3) one member from each of the following coastal counties appointed by a majority of the respective legislative delegations of Beaufort, Charleston, Colleton, Georgetown, Horry, Jasper, Dorchester, and Berkeley Counties."

Time effective

SECTION 8. This act takes effect July 1, 2002.

Ratified the 27th day of February, 2002.

Became law without the signature of the Governor -- 3/6/02.