H*3916(Rat #0450, Act #0327 of 1998)  General Bill, By Seithel, Fleming, Knotts, 
Riser, Sharpe, Simrill and Whatley
 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.

   04/10/97  House  Introduced and read first time HJ-70
   04/10/97  House  Referred to Committee on Judiciary HJ-70
   05/07/97  House  Committee report: Favorable Judiciary HJ-32
   05/13/97  House  Read second time HJ-27
   05/14/97  House  Read third time and sent to Senate HJ-18
   05/14/97  Senate Introduced and read first time SJ-11
   05/14/97  Senate Referred to Committee on Fish, Game and Forestry SJ-11
   04/21/98  Senate Committee report: Favorable Fish, Game and
                     Forestry SJ-35
   05/13/98  Senate Read second time SJ-45
   05/26/98  Senate Read third time and enrolled SJ-42
   06/04/98         Ratified R 450
   06/08/98         Signed By Governor
   06/08/98         Effective date 06/08/98
   06/18/98         Copies available
   06/18/98         Act No. 327

AN ACT 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:

Unlawful to purchase, barter, or trade seafood if not licensed or if seafood produced unlawfully

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.

Time effective

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

Approved the 8th day of June, 1998.