S 1226 Session 110 (1993-1994)
S 1226 General Bill, By Washington and Mescher
A Bill to amend Section 50-17-805, as amended, Code of Laws of South Carolina,
1976, relating to the fishing licenses for shad, herring, and sturgeon, so as
to revise the reporting and other requirements for the licenses; Section
50-17-810, as amended, relating to the shad seasons, so as to revise the
seasons in certain areas; Section 50-17-811, as amended, relating to the shad
season in Game Zone 7, so as to provide for the limit on taking shad in all
game zones; Section 50-17-812, as amended, relating to catching or setting
nets or other devices for shad, so as to provide for the use of shad and gill
nets in certain areas; Section 50-17-860, as amended, relating to the
restrictions on the use of nets to catch shad, so as to revise the
restrictions, provide restrictions in certain areas, and provide for
stationary nets; Section 50-17-890, as amended, relating to the records and
reports for buying, shipping, and selling shad and sturgeon, so as to provide
for licensing requirements and records and reports pursuant to certain
provisions; Section 50-17-895, as amended, relating to penalties pertaining to
shad, so as to revise the penalties and provide for the seizure of equipment
and catch; and to repeal Sections 50-17-813, 50-17-814, 50-17-815, 50-17-816,
50-17-817, 50-17-820, 50-17-850, 50-17-855, and 50-17-867 relating to the
regulation of shad fishing in certain areas.
03/02/94 Senate Introduced and read first time SJ-4
03/02/94 Senate Referred to Committee on Fish, Game and Forestry SJ-4
A BILL
TO AMEND SECTION 50-17-805, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
FISHING LICENSES FOR SHAD, HERRING, AND STURGEON,
SO AS TO REVISE THE REPORTING AND OTHER
REQUIREMENTS FOR THE LICENSES; SECTION 50-17-810, AS
AMENDED, RELATING TO THE SHAD SEASONS, SO AS TO
REVISE THE SEASONS IN CERTAIN AREAS; SECTION 50-17-811, AS AMENDED, RELATING TO THE SHAD SEASON IN
GAME ZONE 7, SO AS TO PROVIDE FOR THE LIMIT ON
TAKING SHAD IN ALL GAME ZONES; SECTION 50-17-812, AS
AMENDED, RELATING TO CATCHING OR SETTING NETS OR
OTHER DEVICES FOR SHAD, SO AS TO PROVIDE FOR THE
USE OF SHAD AND GILL NETS IN CERTAIN AREAS; SECTION
50-17-860, AS AMENDED, RELATING TO THE RESTRICTIONS
ON THE USE OF NETS TO CATCH SHAD, SO AS TO REVISE
THE RESTRICTIONS, PROVIDE RESTRICTIONS IN CERTAIN
AREAS, AND PROVIDE FOR STATIONARY NETS; SECTION 50-17-890, AS AMENDED, RELATING TO THE RECORDS AND
REPORTS FOR BUYING, SHIPPING, AND SELLING SHAD AND
STURGEON, SO AS TO PROVIDE FOR LICENSING
REQUIREMENTS AND RECORDS AND REPORTS PURSUANT
TO CERTAIN PROVISIONS; SECTION 50-17-895, AS AMENDED,
RELATING TO PENALTIES PERTAINING TO SHAD, SO AS TO
REVISE THE PENALTIES AND PROVIDE FOR THE SEIZURE
OF EQUIPMENT AND CATCH; AND TO REPEAL SECTIONS 50-17-813, 50-17-814, 50-17-815, 50-17-816, 50-17-817, 50-17-820, 50-17-850, 50-17-855, AND 50-17-867 RELATING TO THE
REGULATION OF SHAD FISHING IN CERTAIN AREAS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-17-805 of the 1976 Code, as last amended
by Section 1265, Act 181 of 1993, is further amended to read:
"Section 50-17-805. Any A person fishing
for taking, attempting to take, possessing, buying, or
selling shad, herring, or sturgeon in either fresh or
saltwaters of the State must shall obtain the applicable
licenses and comply with the reporting and other conditions
required under Section Sections 50-17-180, 50-17-190, 50-17-210, or 50-17-240 but 50-17-215, 50-17-250, 50-17-280, and 50-17-455. He is not required to obtain the
commercial freshwater fishing licenses provided under Article
6, of Chapter 13 of this title."
SECTION 2. Section 50-17-810 of the 1976 Code, as last amended
by Section 1265, Act 181 of 1993, is further amended to read:
"Section 50-17-810. It is unlawful to catch, buy, sell, or
ship white shad or hickory shad between the twenty-fifth day of
March or the Saturday before Easter Sunday, whichever comes later
in each year, and the first day of February in the following year,
except that:
(1) From a point forty river miles from the mouth of a stream in
which shad may run on to the waters of its source the closed season
for shad is from the thirtieth day of April each year until the first day
of February the following year, the point forty river miles from the
mouth of the Combahee River being designated as Rose Hill, from the
mouth of the Waccamaw River in Horry County being designated as
the junction of Big Bull Creek and the Waccamaw River, from the
mouth of the Pee Dee River being designated as the bridge on
Highway 701 across the river and on Yauhannah Lake being
designated as the bridge on Highway 701 across Yauhannah Lake.
However, on the Edisto River the closed season for the taking of shad
is from April fifteenth each year until January fifteenth the following
year from the U. S. Highway 17 bridge to the headwaters of the
Edisto River and from April first each year until January fifteenth the
following year from the U. S. Highway 17 bridge at Jacksonboro
seaward.
(2) On Black River the closed season for fishing for shad with
skimbow or pump nets for noncommercial purposes is from May first
each year until February first the following year.
(3) From the first day of February to the first day of May each
year, it is lawful to use bow, skimbow, or pump nets to catch shad for
noncommercial purposes.
(4) It is lawful to catch white or hickory shad for noncommercial
purposes by the use of a hook and line, including rod and reel, if the
individual first has procured the regular state fishing license.
(5) On the Savannah River the open season for shad is from January
fifteenth through April fifteenth except that shad fishing is prohibited
in Back River and the North Channel of the Savannah River
downstream from New Savannah Cut, as posted.
(6) No shad may be taken by gill net in the Santee River or its
tributaries upstream from South Carolina Highway 41; except that
beginning at 7:00 p.m. on Tuesday and Thursday until 6:00 a.m. the
following day of one week and beginning at 7:00 p.m. on Wednesday
and Friday until 6:00 a.m. the following day of the following week,
alternately, shad may be taken by gill net in the Santee River and its
tributaries upstream from South Carolina Highway 41 to South
Carolina Highway 52. If the taking of shad between Highways 41 and
52 is determined to be hazardous to the striped bass fishery by the
department, it may close the waters to shad fishing by emergency
regulation. (A) Except where otherwise specified by this title
or department regulation, the season for taking American or hickory
shad in the waters of this State is January fifteenth through April
fifteenth. However, from a point forty miles up river from the mouth
of a coastal river, measured in river miles, extending seaward to the
mouth of the river where it enters the Atlantic Ocean, the season
closes April first.
(B) The open season for taking American or hickory shad on the:
(1) Edisto and Ashepoo Rivers is January fifteenth through
April first upstream of the U.S. Highway 17 Bridge and January
fifteenth through March fifteenth downstream from the U.S. Highway
17 Bridge;
(2) Combahee River upstream of the U.S. Highway 17 Bridge
is January fifteenth through March fifteenth.
(C) However, a person may take American or hickory shad for
noncommerical purposes by hook and line, including rod and reel, any
time of year if he has procured the freshwater fishing license or
marine recreational fishing stamp required by law.
(D) Taking or attempting to take American or hickory shad with
nets is prohibited at all times in the Back River and the North Channel
of the Savannah River downstream from New Savannah Cut, as
posted, and in the Cooper River upriver of the saltwater-freshwater
dividing line.
(E) It is unlawful to buy, sell, or ship fresh American or hickory
shad except during the open season. The department may shorten or
extend the season on state waters if the action is determined to be in
accordance with sound fisheries management practices.
(F) For purposes of this section, the following points are
designated as the forty-mile limits from the mouths of the following
rivers:
(1) Combahee River: Rose Hill;
(2) Santee River: Phoenix Landing;
(3) Black River: Mouth of Lane's Creek;
(4) Waccamaw River: Junction of Big Bull Creek;
(5) Pee Dee River: Highway 701 Bridge across the river and
Highway 701 Bridge across Yauhannah Lake."
SECTION 3. Section 50-17-811 of the 1976 Code, as last amended
by Section 1265, Act 181 of 1993, is further amended to read:
"Section 50-17-811. In Game Zone 7 the open season for
catching of shad is from the first day of February to the fourth day of
May. A person using a hook and line, including a rod and
reel, may take or have in possession no more than ten American or
hickory shad in one day."
SECTION 4. Section 50-17-812 of the 1976 Code, as last amended
by Section 1265, Act 181 of 1993, is further amended to read:
"Section 50-17-812. During the open season it is unlawful
to catch shad or set a seine, a net, or other device for shad from:
(1) twelve noon on Saturday until twelve noon on Monday
following, except with skimbow nets for noncommercial purposes on
the Black River or Great Pee Dee River; or
(2) twelve midnight on Saturday until twelve noon on Tuesday
following on the Edisto River from the U. S. Highway 17 bridge at
Jacksonboro to the headwaters of the river, and twelve midnight on
Friday until twelve noon Wednesday following on the Edisto River
seaward of the U. S. Highway 17 bridge at Jacksonboro, except with
skimbow nets for noncommercial purposes. (A) Shad or
gill nets of the legal mesh size provided in Section 50-17-860 may be
used or possessed in the waters of this State only from Tuesday noon
until Saturday noon following during the open season.
(B) During the open season, nets for taking shad may be used or
possessed on the:
(1) Edisto River only from Wednesday noon until Friday
midnight following;
(2) Ashepoo and Combahee Rivers only from Friday noon until
Saturday noon following;
(3) Santee River from S.C. Highway 41 upstream to S.C.
Highway 52 only from Tuesday noon until Thursday noon following.
(C) Upon issuing official notice, the department may shorten or
extend the legal weekly fishing periods for shad in state waters if the
action is in the interest of sound fisheries management."
SECTION 5. Section 50-17-860 of the 1976 Code, as last amended
by Section 1265, Act 181 of 1993, is further amended to read:
"Section 50-17-860. (A) No nets for
catching taking shad may be used with
have a mesh size of less than five and one-half inches
nor extending more than halfway across any stream nor
stretched mesh if stationary and a length of more than two
hundred yards in freshwaters or saltwaters. On the Edisto, Ashepoo,
and Combahee Rivers no nets for taking shad may exceed fifty yards
in length. Gill nets having a mesh size of less than that provided in
this section must not be used during the open season for shad except
where otherwise specifically provided for by state law or departmental
regulation. No gill net may be deployed within two hundred
yards of any net a previously set net. and
no cable line or any other device used for the support of the nets may
extend over halfway across any stream, nor is it lawful to set any nets
for catching shad in lakes or coves tributary to any stream, whether
navigable or not, except that a net of a size no larger than five and
one-half inch stretch mesh but not less than four and one-half inch
stretch mesh may be used in the Savannah River. No net or seine may
be used in the muddy waters of any river within twenty-five yards of
the mouth of any clearwater stream emptying into such river. In the
Edisto River north of U. S. Highway 15 nets with a mesh of not less
than four and one-half inches may be used. The length of a
gill net, cable, line or a device attached to it may not exceed one-half
of the width of the stream where the net is fished, regardless of how
it is set.
(B) A stationary or fixed net used for taking shad left
unattended must be marked with a float or buoy at each end of the net
with the name and license number of the owner clearly painted or
branded on each float or buoy. However, if one end of the net
webbing is attached to the shore, only the outer or streamward end
must be buoyed in the manner described. Each float or buoy used
must be of a type approved by the department and constructed of
plastic foam, polyethylene, PVC Spongex, or other durable material
and must be at least ten inches in diameter and float above the surface
of the water so as to be clearly visible at all times."
SECTION 6. Section 50-17-890 of the 1976 Code, as last amended
by Section 1265, Act 181 of 1993, is further amended to read:
"Section 50-17-890. All persons engaged in buying, shipping,
and or selling shad or sturgeon must be licensed
as provided in Section 50-17-180 and shall keep records and
make reports as prescribed required by the
department and shall make monthly reports as prescribed by that
department under Section 50-17-280."
SECTION 7. Section 50-17-895 of the 1976 Code, as last amended
by Section 1265, Act 181 of 1993, is further amended to read:
"Section 50-17-895. (A) Any A
person violating this article is guilty of a misdemeanor and,
upon conviction of violation of the provisions of this article,
must be punished as provided in Section 50-17-100 fined
not more than two hundred dollars or imprisoned not more than thirty
days. Each violation constitutes a separate offense. A person
convicted of a second offense must have all licenses dealing with shad
suspended and is not eligible to obtain additional licenses for three
years from the date of conviction.
(B) A boat, motor, and related equipment and nets or fishing
devices used in a second or subsequent offense in violation of this
article must be seized and, upon conviction, and for nets unclaimed
and unidentified after sixty days, may be disposed by the department
as it determines.
(C) 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."
SECTION 8. Sections 50-17-813, 50-17-814, 50-17-815, 50-17-816, 50-17-817, 50-17-820, 50-17-850, 50-17-855, and 50-17-867 of
the 1976 Code are repealed.
SECTION 9. This act takes effect upon approval by the Governor.
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