H*2677 Session 105 (1983-1984)
H*2677(Rat #0077, Act #0047 of 1983) General Bill, By
House Agriculture and Natural Resources
A Bill to amend Section 50-17-360, as amended, and Section 50-17-1070, Code of
Laws of South Carolina, 1976, relating to set or channel nets so as to change
the number of set or channel net licenses which may be issued and the
procedure for using them; to eliminate a time limitation on their use and to
change the penalty provisions; to amend the 1976 Code by adding Section
50-17-1021, so as to regulate the use of set or channel nets in Game Zones
Nos. 6 and 11.-amended title
03/16/83 House Introduced, read first time, placed on calendar
without reference HJ-1514
03/24/83 House Read second time HJ-1685
03/29/83 House Read third time and sent to Senate HJ-1721
03/29/83 Senate Introduced and read first time SJ-835
03/29/83 Senate Referred to Committee on Fish, Game and Forestry SJ-835
04/12/83 Senate Committee report: Favorable with amendment Fish,
Game and Forestry SJ-972
04/13/83 Senate Amended SJ-998
04/13/83 Senate Read second time SJ-999
04/19/83 Senate Read third time SJ-1038
04/19/83 Senate Returned SJ-1038
04/20/83 House Concurred in Senate amendment and enrolled HJ-2323
04/26/83 Ratified R 77
04/29/83 Signed By Governor
04/29/83 Effective date 04/29/83
04/29/83 Act No. 47
05/04/83 Copies available
(A47, R77, H2677)
AN ACT TO AMEND SECTION 50-17-360, AS AMENDED, AND SECTION 50-17-1070, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO SET OR CHANNEL NETS SO AS TO CHANGE
THE NUMBER OF SET OR CHANNEL NET LICENSES WHICH MAY BE ISSUED AND THE
PROCEDURE FOR USING THEM; TO ELIMINATE A TIME LIMITATION ON THEIR USE AND TO
CHANGE THE PENALTY PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTION
50-17-1021, SO AS TO REGULATE THE USE OF SET OR CHANNEL NETS IN GAME ZONES NOS.
6 AND 11.
Be it enacted by the General Assembly of the State of South Carolina:
Division may issue licenses, fee
SECTION 1. Section 50-17-360, of the 1976 Code, as last amended by Section 2 of Act 165 of 1981, is
further amended to read:
"Section 50-17-360. The Division may issue no more than a cumulative total of sixty licenses for the
use of set or channel nets in any one year. Applicants who held set or channel net licenses for the previous
fiscal year and who were not in violation of applicable conservation laws or regulations must receive
preference for licenses. Set or channel net licenses must be applied for in person. Only one permit may be
issued to any individual. No person may fish more than one set or channel net at any one time and any net
left unattended must have affixed a floating marker with the name of the permit holder and permit number
printed on the float. No person may use a set or channel net without a license, and must have a valid set or
channel net license in possession. No set or channel net may be set within three hundred feet of a marked
navigation channel. The fee for each set or channel net license is two hundred fifty dollars a year. No set
or channel net may be issued to any person under the age of sixteen years."
Penalties
SECTION 2. Section 50-17-1070 of the 1976 Code is amended to read:
"Section 50-17-1070. Any person violating the provisions of this article 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. Any nets or fishing devices used in violation of this article or any permit requirements set forth by the
Division must be seized and, upon conviction, or in the case of nets unclaimed and unidentified after sixty
days, may be disposed of by the Division as it determines. Any catch found in nets or fishing devices used
in violation of this article must be seized and sold and the proceeds of the sale must be held pending final
disposition of the case.
In addition to the above, any person convicted of violating the provisions pertaining to set or channel nets
under Sections 50-17-360, 50-17-1020, 50-17-1021, 50-17-1050, or found in violation of Departmental
regulations shall have the set or channel net license issued to him revoked or suspended for the next thirty
open season days. Any boat, motor, and equipment used to set, fish, or operate set or channel nets in
violation of the provisions of Section 50-17-360, 50-17-1021 or during the period for which the set or channel
net license has been suspended or revoked must be seized and sold or redeemed as provided for under Section
50-17-1615."
Channel nets in Game Zones 6 and 11
SECTION 3. The 1976 Code is amended by adding:
"Section 50-17-1021. It is unlawful to use set or channel nets in Game Zones Nos. 6 and 11 except in
such areas, at such times and in such seasons as it is lawful to trawl for shrimp in such zones.
In Game Zones Nos. 7 and 9, it is unlawful to use set or channel nets except in those areas designated for
such purpose by the Division and during such seasons as it is lawful to trawl for shrimp in the areas specified
in Section 50-17-1520.
No set or channel net may be used in any of the waters of this State after November fifteenth of any year.
Finding a set or channel net aboard a boat during the closed periods specified is prima facie evidence of a
violation of this Section."
Time effective
SECTION 4. This act shall take effect upon approval by the Governor. |