H*4548(Rat #0278, Act #0237 of 2008)  General Bill, By Umphlett, Cobb-Hunter, 
G.M. Smith, Lowe, Hutson, Jefferson, Toole, Vick, J.H. Neal, Huggins, Haley, 
Witherspoon, Anderson, Dantzler, Duncan, Knight, Ott, E.H. Pitts, Spires, 
Williams and Funderburk
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 50-13-5 SO AS TO PROVIDE FOR DEFINITIONS FOR PURPOSES OF CHAPTER 13 OF TITLE
 50, RELATING TO THE PROTECTION OF FISH; BY ADDING SECTION 50-13-221 SO AS TO
 PROVIDE FOR CATCH LIMITS, LENGTH LIMITS, AND OTHER REGULATIONS PERTAINING TO
 STRIPED BASS TAKEN IN THE LOWER SANTEE RIVER AND COOPER RIVER SYSTEMS DURING
 SPECIFIED PERIODS; TO AMEND SECTION 50-9-1120, RELATING TO THE POINT SYSTEM
 FOR HUNTING AND FISHING VIOLATIONS, SO AS TO ADD ADDITIONAL POINTS FOR OTHER
 FISHING VIOLATIONS; TO AMEND SECTION 50-13-285, RELATING TO PENALTIES FOR
 EXCEEDING CERTAIN LIMITS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH
 THESE PENALTIES APPLY; TO AMEND SECTION 50-13-236, RELATING TO CREEL AND SIZE
 LIMITS ON STRIPED BASS AND BLACK BASS TAKEN FROM LAKE MURRAY OR PORTIONS OF
 THE SALUDA RIVER, SO AS TO PERMIT NOT MORE THAN TWO STRIPED BASS TO BE TAKEN
 AND RETAINED FROM LAKE MURRAY WHICH ARE LESS THAN THE LEGAL SIZE LIMIT DURING
 A SPECIFIED PERIOD; TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES SHALL
 REVIEW THE HIGH MORTALITY RATES OF FINGERLINGS AND MAKE A REPORT TO THE
 CHAIRMEN OF THE SENATE FISH, GAME AND FORESTRY COMMITTEE AND THE HOUSE
 AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS COMMITTEE ON ITS
 RECOMMENDATIONS AND ACTIONS TO IMPROVE THESE RATES WITHIN EIGHTEEN MONTHS
 AFTER THE EFFECTIVE DATE OF THIS ACT; AND TO REPEAL SECTIONS 50-13-220,
 50-13-230, AND 50-13-235 RELATING TO STRIPED BASS CATCH AND TAKING
 REQUIREMENTS. - ratified title

   01/23/08  House  Introduced and read first time HJ-20
   01/23/08  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-20
   02/20/08  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-3
   02/21/08  House  Member(s) request name added as sponsor: Funderburk
   02/21/08  House  Amended HJ-19
   02/21/08  House  Read second time HJ-21
   02/21/08  House  Unanimous consent for third reading on next
                     legislative day HJ-21
   02/22/08  House  Read third time and sent to Senate HJ-2
   02/22/08         Scrivener's error corrected
   02/26/08  Senate Introduced and read first time SJ-8
   02/26/08  Senate Referred to Committee on Fish, Game and Forestry SJ-8
   04/17/08  Senate Committee report: Favorable with amendment Fish,
                     Game and Forestry SJ-14
   04/23/08  Senate Committee Amendment Adopted SJ-143
   04/23/08  Senate Read second time SJ-143
   04/24/08  Senate Amended SJ-22
   04/24/08  Senate Read third time and returned to House with
                     amendments SJ-22
   04/25/08         Scrivener's error corrected
   04/30/08  House  Debate adjourned on Senate amendments until
                     Tuesday, May 6, 2008 HJ-43
   05/07/08  House  Senate amendment amended HJ-16
   05/07/08  House  Returned to Senate with amendments HJ-16
   05/08/08  Senate Concurred in House amendment and enrolled SJ-13
   05/15/08         Ratified R 278
   05/21/08         Signed By Governor
   06/02/08         Copies available
   06/02/08         Effective date 05/21/08
   06/04/08         Act No. 237

(A237, R278, H4548)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-5 SO AS TO PROVIDE FOR DEFINITIONS FOR PURPOSES OF CHAPTER 13 OF TITLE 50, RELATING TO THE PROTECTION OF FISH; BY ADDING SECTION 50-13-221 SO AS TO PROVIDE FOR CATCH LIMITS, LENGTH LIMITS, AND OTHER REGULATIONS PERTAINING TO STRIPED BASS TAKEN IN THE LOWER SANTEE RIVER AND COOPER RIVER SYSTEMS DURING SPECIFIED PERIODS; TO AMEND SECTION 50-9-1120, RELATING TO THE POINT SYSTEM FOR HUNTING AND FISHING VIOLATIONS, SO AS TO ADD ADDITIONAL POINTS FOR OTHER FISHING VIOLATIONS; TO AMEND SECTION 50-13-285, RELATING TO PENALTIES FOR EXCEEDING CERTAIN LIMITS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE PENALTIES APPLY; TO AMEND SECTION 50-13-236, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS TAKEN FROM LAKE MURRAY OR PORTIONS OF THE SALUDA RIVER, SO AS TO PERMIT NOT MORE THAN TWO STRIPED BASS TO BE TAKEN AND RETAINED FROM LAKE MURRAY WHICH ARE LESS THAN THE LEGAL SIZE LIMIT DURING A SPECIFIED PERIOD; TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES SHALL REVIEW THE HIGH MORTALITY RATES OF FINGERLINGS AND MAKE A REPORT TO THE CHAIRMEN OF THE SENATE FISH, GAME AND FORESTRY COMMITTEE AND THE HOUSE AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS COMMITTEE ON ITS RECOMMENDATIONS AND ACTIONS TO IMPROVE THESE RATES WITHIN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS ACT; AND TO REPEAL SECTIONS 50-13-220, 50-13-230, AND 50-13-235 RELATING TO STRIPED BASS CATCH AND TAKING REQUIREMENTS.

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

Definitions

SECTION    1.    Chapter 13, Title 50 of the 1976 Code is amended by adding:

"Section 50-13-5.    For the purposes of this chapter:

(1)    'Day' means the period from official sunrise of one day, to official sunrise of the next day.

(2)    'Landed' means to take and bring a fish ashore.

(3)    'Striped bass' or 'rockfish' is the species Morone saxatilis.     (4)    The 'Lower Santee River system' includes all waters and tributaries seaward of the Lake Murray Dam, the Columbia Canal Diversion Dam, and the Lake Wateree Dam to the freshwater/saltwater dividing line on the North Santee River and the South Santee River.

(5)    The 'Cooper River system' includes all waters and tributaries, including the Tailrace Canal, of the Cooper River from its point of origin seaward to the freshwater/saltwater dividing line."

Striped bass in Lower Santee and Cooper Rivers

SECTION    2.    Chapter 13, Title 50 of the 1976 Code is amended by adding:

"Section 50-13-221.    (A)    In the Lower Santee River and Cooper River systems from June first to September thirtieth, it is unlawful to possess any striped bass. Any striped bass taken must be returned immediately to the waters from whence it came.

(B)    In the Lower Santee River and Cooper River systems from October first through May thirty-first, it is unlawful to take or possess more than three striped bass per day.

(C)    In the Lower Santee River and Cooper River systems from October first through May thirty-first, it is unlawful to take or possess a striped bass less than twenty-six inches in total length.

(D)    Striped bass must be landed with head and tail fin intact.

(E)    The Department of Natural Resources shall make recommendations, after study, on any needed modification to the restrictions in this section before January 1, 2015."

Points for violations

SECTION    3.    Section 50-9-1120(3) of the 1976 Code is amended to read:

"(3)    Fishing violations:

(a)    trapping, netting, or seining game fish illegally: 10;

(b)    taking or possessing more than the legal limit of striped bass: 14;

(c)    taking or possessing an undersized striped bass: 14."

Application of penalties

SECTION    4.    Section 50-13-285 of the 1976 Code is amended to read:

"Section 50-13-285.    Unless otherwise provided, a person violating the provisions of this article, upon conviction for a first offense, must be fined not less than thirty dollars nor more than two hundred dollars or imprisoned for not more than thirty days and for a subsequent offense of any of the sections be fined not less than three hundred dollars nor more than five hundred dollars or imprisoned for not more than sixty days, or both."

Repeal

SECTION    5.    Sections 50-13-220, 50-13-230, and 50-13-235 of the 1976 Code are repealed.

Striped bass in Lake Murray

SECTION    6.    Section 50-13-236 of the 1976 Code is amended to read:

"Section 50-13-236.    (A) The department may establish the daily creel limits and size limits on Lake Murray and on all waters of the Saluda River lying between the Lake Greenwood Dam (Buzzard's Roost Dam) and Lake Murray for striped bass (rockfish) and black bass by regulations promulgated and adopted in accordance with Article 1, Chapter 23 of Title 1. No creel or size limits may be set by emergency regulations. A person taking striped bass or black bass exceeding the limits set by the department is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-13-285.

(B)    Notwithstanding the provisions of subsection (A), during July and August it is lawful to take and retain from Lake Murray not more than two striped bass (rockfish) per day that are less than the legal size limit."

Report

SECTION    7.    The Department of Natural Resources shall review the high mortality rates of fingerlings and make a report to the chairmen of the Senate Fish, Game and Forestry Committee and the House Agriculture, Natural Resources and Environmental Affairs Committee on its recommendations and actions to improve these rates within eighteen months after the effective date of this act.

Time effective

SECTION    8.    This act takes effect upon approval by the Governor.

Ratified the 15th day of May, 2008.

Approved the 21st day of May, 2008.