H 3821 Session 111 (1995-1996)
H 3821 General Bill, By W.D. Keyserling, Inabinett, Lloyd, Richardson and
Sharpe
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
50-17-185 so as to prohibit the purchase, barter, or trade of marine products
handled or taken unlawfully and provide penalties.
03/16/95 House Introduced and read first time
03/16/95 House Referred to Committee on Judiciary
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 50-17-185 SO AS TO PROHIBIT
THE PURCHASE, BARTER, OR TRADE OF MARINE
PRODUCTS HANDLED OR TAKEN UNLAWFULLY AND
PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 50-17-185. (A) It is unlawful for a person not
licensed as a primary wholesale seafood dealer knowingly to receive
through purchase, barter, or trade or to attempt to receive through
purchase, barter, or trade a saltwater fishery product taken, landed,
produced, or cultured in the State but not first handled by a licensed
primary wholesale seafood dealer. This subsection does not apply
to persons receiving live bait from a person properly licensed in the
sale of live bait.
(B) It is unlawful for a person knowingly to purchase, barter, or
trade or to attempt to purchase, barter, or trade a saltwater fishery
product taken, landed, produced, cultured, or sold unlawfully.
(C) A person violating this section is guilty of a misdemeanor
and, upon conviction, must be fined not less than one hundred nor
more than five hundred dollars or imprisoned not more than ninety
days, or both. A person violating this section while violating
another provision of Title 50 is guilty of a misdemeanor and, upon
conviction, must be fined not less than two hundred nor more than
five hundred dollars or imprisoned not more than ninety days, or
both.
(D) A product purchased, bartered, or traded or attempted to be
purchased, bartered, or traded by a person accused of violating this
section must be seized along with its container and, at the officer's
discretion, may be released if alive or, if lawful to be sold, sold
with the proceeds of the sale being held by the department pending
final disposition of the case. Each pound of fish, dozen of crabs,
bushel of oysters, one-half bushel of clams, quart of shrimp, pound
of other saltwater fishery product, or part of them purchased,
bartered, or traded, or attempted to be purchased, bartered, or traded
in violation of this section may be considered a separate offense.
All monies derived from the sale must be retained by the
department for the purposes of fisheries management and
enforcement of this chapter. In addition, a person who conspires to
violate this section is guilty of a misdemeanor and must be
penalized as provided in Section 50-1-136. Magistrates' courts of
the various counties have jurisdiction to try a case arising under this
section and to act to impose the penalties set forth in this
section."
SECTION 2. This act takes effect upon approval by the
Governor.
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