S 886 Session 109 (1991-1992)
S 0886 General Bill, By Drummond
A Bill to amend Chapter 17, Title 50, Code of Laws of South Carolina, 1976, by
adding Article 11 so as to provide a point system to be used in suspending
privileges, licenses, and permits for violations of coastal fisheries laws and
regulations.
04/16/91 Senate Introduced and read first time SJ-10
04/16/91 Senate Referred to Committee on Fish, Game and Forestry SJ-10
A BILL
TO AMEND CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING ARTICLE 11 SO AS TO PROVIDE
A POINT SYSTEM TO BE USED IN SUSPENDING PRIVILEGES,
LICENSES, AND PERMITS FOR VIOLATIONS OF COASTAL
FISHERIES LAWS AND REGULATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 17, Title 50 of the 1976 Code is amended by
adding:
"Article 11
Point System for Violations of
Coastal Fisheries Laws
Section 50-17-1110. For the purposes of this article:
(1) 'Coastal fisheries privileges' means the privilege to engage in
an activity involving fishing, taking, attempting to take, or possession
of fish, shellfish, crustaceans, or products of them as defined in Section
50-17-15 and includes an activity for which a license or permit is
required from the Division of Marine Resources and the privilege to
hold a license or permit.
(2) `Conviction' includes the entry of a plea of guilty or nolo
contendere and the forfeiture of bail or collateral deposited to secure a
defendant's appearance in court.
(3) 'Department' means the South Carolina Wildlife and Marine
Resources Department.
Section 50-17-1120. There is established the following point
system to be used by the department in suspending the privileges,
licenses, and permits of persons convicted for violations of law and
regulations which apply to coastal fisheries activities within this State.
Violations Points
(a) Fishing, taking, or attempting to take, buying, selling, or offering
for sale fish, shellfish, or crustaceans without a proper license or
permit........................................18
(b) Fishing, taking, or attempting to take fish, shellfish, or
crustaceans in an unlawful manner, during unlawful hours or during the
closed season for the activity, except shrimp trawling violations or
violations in areas closed by the Department of Health and
Environmental Control................ 0
(c) Violation of commercial fishing license or permit
conditions............................... 8
(d) Using unlawful or unauthorized fishing methods, gear, or
equipment..................... 8
(e) Failure to keep records or make reports as required by law or
regulation................... 6
(f) Violation of size limit provisions set by law for fish, shellfish,
crustaceans, or other seafood products................................ 6
(g) Possession of more than the legal limit of fish, shellfish,
ofcrustaceans.................. 6
(h) Unlawful buying, selling, or offering for sale of fish, shellfish,
crustaceans, or other seafood products by a properly licensed or
permitted person................................10
(i) Harvesting shellfish on culture permit areas or state bottoms
without proper permission or permit.......................................... 8
(j) Harvesting shellfish in an area closed to shellfishing by the
Department of Health and Environmental Control...........................18
(k) Theft of catch or fishing equipment, damage to fishing
equipment or interfering with fishing
equipment.......................................18
(l) Trawling or channel netting in an area which is closed to trawling
or during closed season... 8
(m) Failure of captain or crew of a boat to cooperate with an
enforcement officer...........18
(n) Wilfully impeding or obstructing the lawful harvest of marine
species.......................18
(o) Trawling during unlawful hours or within restricted areas off
beaches.................... 8
(p) Violation of law pertaining to female sponge
crabs........................................... 8
(q) Fishing, taking, attempting to take, or possession of fish,
shellfish, crustaceans, or other seafood products in an illegal manner not
mentioned specifically elsewhere in this
section......................................... 6.
The points and penalties assessed under this section are in addition
to other civil remedies and criminal penalties which may be assessed.
Section 50-17-1130. Each time a person is convicted of a violation
enumerated in Section 50-17-1120 the number of points assigned to a
violation must be charged against him. For each calendar year in which
the person received no points, the department shall deduct one-half of
the accumulated points if the total number of points is greater than three.
If a person has three or less points at the end of a calendar year in which
no points were received, the department shall reduce his point total to
zero. The points and penalties assessed are in addition to other civil
remedies and criminal penalties. Nothing contained in this article affects
the action of the department in suspending, revoking, or cancelling a
license or permit when the action is mandatory under the provisions of
any other law of this State except the suspension provisions of this
article, when applied, are in lieu of the suspension provisions of any
other law of this State.
Section 50-17-1140. The department shall suspend for one year
the coastal fisheries privileges and associated licenses and permits issued
to a person who has accumulated eighteen or more points. The
suspension commences on the eleventh day after the person receives
written notice by mail, return receipt requested, of the suspension and
ends on the same day the following year. The suspension provisions of
this article do not apply to a boat or vessel license or permit, except as
applied to a person operating the boat or vessel under Section
50-17-1120(1)(a).
Section 50-17-1150. (A) Upon determination by the department
that a person has accumulated sufficient points to warrant the suspension
of his privileges, the department shall notify him in writing, return
receipt requested, that his privileges have been suspended, and he shall
return the license or permit, other than a boat or vessel license or permit,
in his name to the department within ten days.
(B) The person, within ten days after the notice of suspension,
may request in writing a review and, upon receipt of the request, the
department shall afford him a review. The department shall notify him
of the date, time, and place of the review, and he has the right to
representation by an attorney. The review must take place within ten
working days of receiving the request.
(C) If the person requests a review, the suspension must be held
in abeyance until the day of the final disposition of his review by the
department. If the suspension is upheld, the suspension commences on
the eleventh day after the review and ends on the same day of the
following year. The review by the department is limited to a
determination of the validity of the violations and points assessed. No
probationary authority is given to the department.
Section 50-17-1160. (A) A person whose privileges have been
suspended may appeal the decision of the department under the
provisions of Article 3, Chapter 23 of Title 1 (the Administrative
Procedures Act).
(B) If the person requests a review upon the record, the suspension
is held in abeyance until the day of the final disposition of the appeal
and if the suspension is upheld, the suspension commences on that day
and ends on the same day of the following year.
Section 50-17-1170. After the expiration of the suspension period
the person's record must be cleared of all points.
Section 50-17-1180. The department shall administer and enforce
the provisions of this article and may promulgate regulations for its
implementation. The department shall print and distribute a brochure
explaining the point system.
Section 50-17-1190. A person engaging in activities suspended by
this article while the suspension is in effect is guilty of a misdemeanor
and, upon conviction, for a first offense must be fined two hundred
dollars or imprisoned for thirty days and have his coastal fisheries
privileges suspended for an additional three-year period for each
offense. A person convicted of a second or subsequent offense under
this section must be fined two thousand five hundred dollars or
imprisoned for one year."
SECTION 2. This act takes effect upon approval by the Governor.
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