H*2742 Session 107 (1987-1988)
H*2742(Rat #0308, Act #0301 of 1988) General Bill, By
House Agriculture and Natural Resources
A Bill to amend Section 50-17-1620, Code of Laws of South Carolina, 1976,
relating to the use of a cast net to take shrimp, so as to provide that it is
unlawful to catch or take shrimp by any means, rather than by cast net alone,
for commercial purposes outside the areas as specified in certain Code
Sections or outside the legal channel net zones as established by the Wildlife
and Marine Resources Department, make it unlawful to take or attempt to take
shrimp by use of a shrimp trap or shrimp pot, require the Department to
establish annually a sixty-day open season between September first and
November fifteenth for taking shrimp over baited areas, make it unlawful to
take or attempt to take shrimp over bait during the closed season for taking
shrimp over bait except by use of a drop net from certain structures, make it
unlawful for a resident or nonresident to take shrimp by cast net over bait
during the open season unless he first obtains a shrimp baiting permit and
associated tags, make it unlawful to borrow, loan, or exchange a baiting
permit or tags with another person and provide certain penalties, provide for
a fee for a resident shrimp baiting permit and associated tags of twenty-five
dollars and for a fee for the issuance of the nonresident shrimp baiting
permit and associated tags of five hundred dollars, provide for a fee for the
issuance of duplicate shrimp baiting permit of twenty-five dollars for
residents and of one hundred dollars for nonresidents, provide for a fee for
the issuance of each duplicate tag of one dollar for residents and of four
dollars for nonresidents, provide for the use of monies derived from the
issuance of all permits and tags, make it unlawful to catch or take shrimp
over a baited area except under certain conditions and provide certain
exemptions to the prohibition outright, make it unlawful during the closed
season for taking shrimp over bait to have aboard any boat any poles or
material that can be used to attract, lure, or cause shrimp to congregate,
make it unlawful to set poles within fifty yards of a dock or public landing
or boat ramp, provide various penalties for the violation of different
portions of Section 50-17-1620, provide that each quart of shrimp taken in
violation of the provisions of this Section may constitute a separate offense,
provide that no part of the fines provided in this Section may be suspended,
and delete certain language; and to amend Section 50-17-1621, relating to the
limit on the catch of shrimp by seine or cast net, so as to delete certain
provisions, provide that when taking shrimp over bait, there is a catch limit
of not more than forty-eight, rather than fifty, quarts of whole shrimp or
twenty-nine, rather than thirty, quarts of headed shrimp for each set of poles
a day, provide a catch limit when no bait is being used, provide a catch limit
when a seine or seines are being used to take shrimp, make it unlawful, with
certain exceptions, for any person to have in his immediate control or
possession more than forty-eight quarts of whole shrimp or twenty-nine quarts
of headed shrimp while on the waters or the lands immediately adjacent to the
waters and provide for a possession limit, provide for various penalties, and
provide that no part of the fines in this Section may be suspended.-amended
title
03/25/87 House Introduced, read first time, placed on calendar
without reference HJ-1439
03/31/87 House Debate adjourned HJ-1498
04/01/87 House Objection by Rep. J. Bradley, Barfield &
Dangerfield HJ-1523
04/02/87 House Objection withdrawn by Rep. Dangerfield HJ-1598
04/02/87 House Objection by Rep. Kohn HJ-1612
04/15/87 House Special order, set for after 2nd read or other
consideration of H2072 (H 3023) HJ-1896
04/15/87 House Amended HJ-1920
04/15/87 House Read second time HJ-1927
04/16/87 House Read third time and sent to Senate HJ-2007
04/21/87 Senate Introduced and read first time SJ-1397
04/21/87 Senate Referred to Committee on Fish, Game and Forestry
SJ-1398
05/05/87 Senate Committee report: Favorable with amendment Fish,
Game and Forestry SJ-1671
05/07/87 Senate Amended SJ-1768
05/07/87 Senate Read second time SJ-1770
05/07/87 Senate Unanimous consent for third reading on next
legislative day SJ-1771
05/08/87 Senate Read third time SJ-1776
05/08/87 Senate Returned SJ-1776
05/14/87 House Senate amendment amended HJ-1743
05/14/87 House Returned HJ-1744
05/19/87 Senate Non-concurrence in House amendment SJ-1958
05/19/87 House House insists upon amendment and conference
committee appointed Reps. Foxworth, Day & J.
Bradley HJ-2884
05/21/87 Senate Conference committee appointed Sens. Waddell,
McConnell, and Drummond SJ-2098
06/04/87 House Rep J Bradley resigns as conferree-Rep Pearce
appointe HJ-3762
06/04/87 House Conference report received HJ-3779
06/04/87 House Debate interrupted HJ-3787
06/25/87 House Debate adjourned
01/12/88 House Debate adjourned HJ-296
01/20/88 House Recommitted to conference committee HJ-447
01/20/88 House Conference report received HJ-449
01/20/88 House Conference report adopted HJ-455
01/21/88 Senate Conference report recommitted SJ-25
01/21/88 Senate Conference report received SJ-38
01/21/88 Senate Conference report adopted SJ-44
01/21/88 Senate Ordered enrolled for ratification SJ-44
01/28/88 Ratified R 308
02/03/88 Signed By Governor
02/03/88 Effective date 02/03/88
02/03/88 Act No. 301
03/01/88 Copies available
(A301, R308, H2742)
AN ACT TO AMEND SECTION 50-17-1620, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE USE OF A CAST NET TO TAKE SHRIMP, SO AS TO PROVIDE THAT IT IS
UNLAWFUL TO CATCH OR TAKE SHRIMP BY ANY MEANS, RATHER THAN BY CAST NET ALONE, FOR
COMMERCIAL PURPOSES OUTSIDE THE AREAS AS SPECIFIED IN CERTAIN CODE SECTIONS OR
OUTSIDE THE LEGAL CHANNEL NET ZONES AS ESTABLISHED BY THE WILDLIFE AND MARINE
RESOURCES DEPARTMENT, MAKE IT UNLAWFUL TO TAKE OR ATTEMPT TO TAKE SHRIMP BY USE
OF A SHRIMP TRAP OR SHRIMP POT, REQUIRE THE DEPARTMENT TO ESTABLISH ANNUALLY A
SIXTY-DAY OPEN SEASON BETWEEN SEPTEMBER FIRST AND NOVEMBER FIFTEENTH FOR TAKING
SHRIMP OVER BAITED AREAS, MARE IT UNLAWFUL TO TAKE OR ATTEMPT TO TAKE SHRIMP OVER
BAIT DURING THE CLOSED SEASON FOR TAKING SHRIMP OVER BAIT EXCEPT BY USE OF A DROP
NET FROM CERTAIN STRUCTURES, MAKE IT UNLAWFUL FOR A RESIDENT OR NONRESIDENT TO
TAKE SHRIMP BY CAST NET OVER BAIT DURING THE OPEN SEASON UNLESS HE FIRST OBTAINS
A SHRIMP BAITING PERMIT AND ASSOCIATED TAGS, MAKE IT UNLAWFUL TO BORROW, LOAN,
OR EXCHANGE A BAITING PERMIT OR TAGS WITH ANOTHER PERSON AND PROVIDE CERTAIN
PENALTIES, PROVIDE FOR A FEE FOR A RESIDENT SHRIMP BAITING PERMIT AND ASSOCIATED
TAGS OF TWENTY-FIVE DOLLARS AND FOR A FEE FOR THE ISSUANCE OF THE NONRESIDENT
SHRIMP BAITING PERMIT AND ASSOCIATED TAGS OF FIVE HUNDRED DOLLARS, PROVIDE FOR
A FEE FOR THE ISSUANCE OF DUPLICATE SHRIMP BAITING PERMITS OF TWENTY-FIVE DOLLARS
FOR RESIDENTS AND OF ONE HUNDRED DOLLARS FOR NONRESIDENTS, PROVIDE FOR A FEE FOR
THE ISSUANCE OF EACH DUPLICATE TAG OF ONE DOLLAR FOR RESIDENTS AND OF FOUR
DOLLARS FOR NONRESIDENTS, PROVIDE FOR THE USE OF MONIES DERIVED FROM THE ISSUANCE
OF ALL PERMITS AND TAGS, MAKE IT UNLAWFUL TO CATCH OR TAKE SHRIMP OVER A BAITED
AREA EXCEPT UNDER CERTAIN CONDITIONS AND PROVIDE CERTAIN EXEMPTIONS TO THE
PROHIBITION OUTRIGHT, MAKE IT UNLAWFUL DURING THE CLOSED SEASON FOR TAKING SHRIMP
OVER BAIT TO HAVE ABOARD ANY BOAT ANY POLES OR MATERIAL THAT CAN BE USED TO
ATTRACT, LURE, OR CAUSE SHRIMP TO CONGREGATE, MAKE IT UNLAWFUL TO SET POLES
WITHIN FIFTY YARDS OF A DOCK OR PUBLIC LANDING OR BOAT RAMP, PROVIDE VARIOUS
PENALTIES FOR THE VIOLATION OF DIFFERENT PORTIONS OF SECTION 50-17-1620, PROVIDE
THAT EACH QUART OF SHRIMP TAKEN IN VIOLATION OF THE PROVISIONS OF THIS SECTION
MAY CONSTITUTE A SEPARATE OFFENSE, PROVIDE THAT NO PART OF THE FINES PROVIDED IN
THIS SECTION MAY BE SUSPENDED, AND DELETE CERTAIN LANGUAGE; AND TO AMEND SECTION
50-17-1621, RELATING TO THE LIMIT ON THE CATCH OF SHRIMP BY SEINE OR CAST NET,
SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT WHEN TAKING SHRIMP OVER BAIT,
THERE IS A CATCH LIMIT OF NOT MORE THAN FORTY-EIGHT, RATHER THAN FIFTY, QUARTS
OF WHOLE SHRIMP OR TWENTY-NINE, RATHER THAN THIRTY, QUARTS OF HEADED SHRIMP FOR
EACH SET OF POLES A DAY, PROVIDE A CATCH LIMIT WHEN NO BAIT IS BEING USED,
PROVIDE A CATCH LIMIT WHEN A SEINE OR SEINES ARE BEING USED TO TAKE SHRIMP, MAKE
IT UNLAWFUL, WITH CERTAIN EXCEPTIONS, FOR ANY PERSON TO HAVE IN HIS IMMEDIATE
CONTROL OR POSSESSION MORE THAN FORTY-EIGHT QUARTS OF WHOLE SHRIMP OR TWENTY-NINE
QUARTS OF HEADED SHRIMP WHILE ON THE WATERS OR THE LANDS IMMEDIATELY ADJACENT TO
THE WATERS AND PROVIDE FOR A POSSESSION LIMIT, PROVIDE FOR VARIOUS PENALTIES, AND
PROVIDE THAT NO PART OF THE FINES IN THIS SECTION MAY BE SUSPENDED.
Be it enacted by the General Assembly of the State of South Carolina:
Taking or catching of shrimp
SECTION 1. Section 50-17-1620 of the 1976 Code is amended to read:
"Section 50-17-1620. (A) It is unlawful to catch or take shrimp by any
means for commercial purposes outside the areas as specified in Sections
50-17-1510, 50-17-1520, 50-17-1590, and 50-17-1600 or outside the legal channel
net zones as established by the Wildlife and Marine Resources Department, other
than for sale as live bait, or in or near any waters or bottoms which have been
baited by placing, depositing, or scattering any material to attract or lure
shrimp toward the bait or to cause shrimp to congregate in the area where the
bait is placed. Furthermore, it is unlawful to take or to attempt to take shrimp
by the use of a shrimp trap or shrimp pot.
(B) The Wildlife and Marine Resources Department shall establish annually a
sixty-day open season between September first and November fifteenth for taking
shrimp over baited areas. The sixty days may but are not required to be
consecutive. It is unlawful for anyone to take, or attempt to take, shrimp over
bait during the closed season for taking shrimp over bait. The provisions of this
subsection do not apply to anyone taking or attempting to take shrimp over bait
by the use of a drop net from a pier, dock, or other structure permanently
affixed to the high land.
(C) It is unlawful for any resident or nonresident of this State to take shrimp
by cast net over bait during the open season unless he first obtains from the
Division of Marine Resources a shrimp baiting permit and associated tags. Upon
receipt of application and fees, the Division of Marine Resources shall issue the
permit along with ten marking device tags bearing the corresponding permit
number. Every permittee while shrimping over bait shall carry on his person his
baiting permit and upon demand shall show it to any conservation officer.
(D) It is unlawful for any person to borrow, loan, or exchange a baiting permit
or tags with another person. In addition to the penalties set forth in this
section, he shall forfeit any right to any baiting permit and tags issued to him
and is prohibited from procuring another baiting permit and tags for the season
for which the baiting permit and tags so borrowed, exchanged, or loaned were
issued.
(E) The fee for a resident shrimp baiting permit and associated tags is
twenty-five dollars. The fee for the issuance of the nonresident shrimp baiting
permit and associated tags is five hundred dollars. The Division of Marine
Resources may issue duplicate baiting permits or tags upon affidavit from the
permittee that he has lost his baiting permit or tags. The duplicate permit or
tags must be labeled 'Duplicate'. The fee for the issuance of a duplicate shrimp
baiting permit is twenty-five dollars for residents and one hundred dollars for
nonresidents. The fee for the issuance of each duplicate tag is one dollar for
residents and four dollars for nonresidents. All monies derived from the issuance
of all permits and tags authorized in this section are retained by the department
for the purposes of administration and enforcement of this section and Section
50-17-1621.
(F) It is unlawful for any person to catch or take shrimp over a baited area
unless:
(1) each bait deposit is marked by a pole not to exceed one inch in diameter
which is driven into the ground and with the department-issued tag securely
attached to it;
(2) each pole is plainly marked with white reflective tape;
(3) there is a ten-pole limit a boat a day, additional boats in tow may not
be used to increase the number of authorized poles;
(4) there is a ten-pole limit for each person who is shrimping over a baited
area if no boat is being used,
(5) if more than one pole is being used, the distance between the first and
the last pole may not exceed one hundred yards;
(6) the minimum distance between each set of poles may not be less than
twenty-five yards; (7) no pole or set of poles may be left unattended, and
if the permittee is not located in the immediate vicinity, the poles must be
confiscated by the department;
(8) the permittee is allowed to shrimp over only those poles bearing his
corresponding permit number. It is unlawful during the closed season for taking
shrimp over bait to have aboard any boat any poles or material that can be used
to attract, lure, or cause shrimp to congregate. It is unlawful to set poles
within fifty yards of a dock or public landing or boat ramp.
(G) The provisions of subsection (F) do not apply to anyone taking or
attempting to take shrimp by the use of a drop net over bait from a pier, dock,
or other structure permanently affixed to the high land.
(H) Any person who violates the provisions of subsection (A) is guilty of a
misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned
for not more than thirty days, and the shrimp baiting permit, associated tags,
and the fisherman's land and sell license must be suspended for two years. The
boat, motor, trailer, rigging, coolers, nets, fishing devices, and catch must be
seized and forfeited as provided in Section 50-17-1615.
(I) Any person who violates the provisions of subsection (B) is guilty of a
misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned
for not more than thirty days and the boat, motor, trailer, rigging, coolers,
fishing devices, and catch must be seized and forfeited as provided in Section
50-17-1615.
In addition, his privilege to catch shrimp over bait will be suspended for a
period of two years from the date of conviction.
(J) Any person who violates the provisions of subsection (C) or (D) is guilty
of a misdemeanor, and upon conviction for a first offense, must be fined two
hundred dollars or imprisoned for not more than thirty days, and the catch must
be seized and forfeited as provided in Section 50-17-1615. Any person who
violates these subsections for a second or subsequent offense is guilty of a
misdemeanor and must be fined two hundred dollars or imprisoned for not more than
thirty days and the boat, motor, trailer, rigging, coolers, fishing devices, and
catch must be seized and forfeited as provided in Section 50-17-1615.
(K) Any person who violates the provisions of subsection (F) is guilty of a
misdemeanor and, upon conviction, must be fined two hundred dollars, and the
catch must be seized and forfeited as provided in Section 50-17-1615.
(L) Each quart of shrimp taken in violation of the provisions of this section
may constitute a separate offense.
(M) No part of the fines provided in this section may be suspended."
Catch limits on shrimp
SECTION 2. Section 50-17-1621 of the 1976 Code is amended to read:
"Section 50-17-1621. (A) When taking shrimp over bait, there is a catch
limit of not more than forty-eight quarts of whole shrimp or twenty-nine quarts
of headed shrimp, for each set of poles a day. When no bait is being used, the
catch limit is forty-eight quarts of whole shrimp or twenty-nine quarts of headed
shrimp for each boat a day or for each person when no boat is used When a seine
or seines are being used to take shrimp, one catch limit is allowed a day among
the persons using the seines. As used in this section, a day means sunrise on one
day to sunrise on the following day.
(B) It is unlawful for any person to have in his immediate control or
possession more than forty-eight quarts of whole shrimp or twenty-nine quarts of
headed shrimp while on the waters or the lands immediately adjacent to the
waters. The possession limit is ninety-six quarts of whole shrimp or fifty-eight
quarts of headed shrimp. This subsection does not apply to any commercial
fisherman transporting his catch to a licensed seafood dealer, or to any licensed
dealer distributing his product.
(C) Any person who violates the provisions of this section:
(1) by taking more than forty-eight quarts of whole shrimp or more than
twenty-nine quarts of headed shrimp or for exceeding the lawful possession limit
while not on the waters or the lands immediately adjacent is guilty of a
misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned
for not more than thirty days, and the entire catch must be seized and forfeited
as provided in Section 50-17-1615. If the shrimp involved in the violation were
caught over bait, his privilege to catch shrimp over bait must be suspended for
two years from the date of conviction;
(2) for a second or subsequent offense of possession of any number of quarts
of shrimp over the lawful daily catch limit or possession limit is guilty of a
misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned
for not more than thirty days. In addition, the boat, motor, trailer, rigging,
coolers, fishing devices, and the entire catch must be seized and forfeited as
provided in Section 50-17-1615. If the shrimp involved in the violation were
caught over bait his privilege to catch shrimp over bait must be suspended for
two years from the date of conviction. No part of the fines provided in this
section may be suspended."
Time effective
SECTION 3. This act takes effect upon approval by the Governor |