H 3762 General Bill, By J. Rama
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 50-17-165 so as to provide for the taking or possessing of horseshoe crabs and
 penalties.

   04/03/91  House  Introduced and read first time HJ-5
   04/03/91  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-5
   01/29/92  House  Tabled in committee

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-165 SO AS TO PROVIDE FOR THE TAKING OR POSSESSING OF HORSESHOE CRABS AND PENALTIES.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 50-17-165. (A) The taking or possessing of horseshoe crabs (Limulus polyphemus) from the waters and bottoms of the State is lawful only under a permit issued by the department as prescribed in this section. The lawful hours to trawl for horseshoe crabs are as provided in Section 50-17-640.

(B) A person who catches, takes, or possesses a horseshoe crab or its parts other than for a scientific purpose as provided in Section 50-17-50 must have a valid permit issued by the department and must obtain the individual licenses required by this article. A boat or vessel used by a permittee engaged in trawling, dragging, towing, or fishing with a net, a dredge, a trap, or other commercial fishing device must be licensed as required under this article. However, the catching or capture of horseshoe crabs incidentally or inadvertently during legal fishing operations for other species of marine fish or invertebrates does not violate this section if the horseshoe crabs immediately are returned to the water unharmed.

(C)(1) Permits issued under this section may include provisions as to:

(a) lawful fishing areas;

(b) minimum size requirements for horseshoe crabs;

(c) mesh size and dimensions of nets and other harvesting devices;

(d) bycatch requirements;

(e) fishing times or periods;

(f) catch reporting requirements;

(g) other conditions the department determines.

(2) In areas closed to trawling or other fishing activities the department may permit the taking of horseshoe crabs but shall limit fishing equipment and methods to trawls or devices specifically designed for taking horseshoe crabs.

(D) Horseshoe crabs from which blood is collected for production of amebocyte lysate must be handled so as to minimize injury to the crab. Horseshoe crabs collected in South Carolina must be returned unharmed to state waters of comparable salinity and water quality as soon as possible after bleeding.

(E) The penalties for a violation of this section, upon conviction, are as prescribed in Section 50-17-100. Upon the conviction of a permittee for a violation of this section or a requirement of a permit, his permit may be suspended or revoked by the department. If a person operates a boat or vessel pursuant to this section when his permit is suspended or revoked, the boat or vessel must be seized and disposed of as provided under Section 50-17-650."

SECTION 2. This act takes effect upon approval by the Governor.