S*0889(Rat #0505, Act #0433 of 1984)  General Bill, By 
Senate Fish, Game and Forestry

Similar(H 3700)
 A Bill to amend Section 50-17-1022, Code of Laws of South Carolina, 1976,
 relating to the use of gill nets in the Atlantic Ocean, so as to define the
 size of the gill nets which may be lawfully used, provide that gill nets must
 be adequately marked; to provide that nets must be attended at all times; to
 provide for the confiscation of nets and equipment illegally used; and to
 provide the same penalties provided in Section 50-17-1070; and to amend
 Section 50-17-1070, as amended, so as to add gill nets to the list of devices
 to which the penalties apply.-amended title

   03/20/84  Senate Introduced, read first time, placed on calendar
                     without reference SJ-1076
   04/03/84  Senate Read second time SJ-1272
   04/03/84  Senate Ordered to third reading with notice of
                     amendments SJ-1273
   04/03/84  Senate Recommitted to Committee on Fish, Game and
                     Forestry SJ-1273
   04/17/84  Senate Committee report: Favorable with amendment Fish,
                     Game and Forestry SJ-1421
   04/26/84  Senate Amended SJ-1602
   04/26/84  Senate Read third time and sent to House SJ-1602
   05/01/84  House  Introduced and read first time HJ-2763
   05/01/84  House  Referred to Committee on Agriculture and Natural
                     Resources HJ-2763
   05/16/84  House  Committee report: Favorable with amendment
                     Agriculture and Natural Resources HJ-3089
   05/22/84  House  Amended HJ-3179
   05/22/84  House  Read second time HJ-3179
   05/23/84  House   Read third time HJ-3271
   05/23/84  House  Returned HJ-3271
   05/29/84  Senate Non-concurrence in House amendment SJ-2058
   05/30/84  Senate  Reconsider vote whereby nonconcurred in H.
                     amendments SJ-2118
   05/30/84  Senate Concurred in House amendment and enrolled SJ-2118
   05/31/84         Ratified R 505
   06/05/84         Signed By Governor
   06/05/84         Effective date 06/05/84
   06/05/84         Act No. 433
   06/18/84         Copies available

AN ACT TO AMEND SECTION 50-17-1022, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF GILL NETS IN THE ATLANTIC OCEAN, SO AS TO DEFINE THE SIZE OF THE GILL NETS WHICH MAY BE LAWFULLY USED, PROVIDE THAT GILL NETS MUST BE ADEQUATELY MARKED; TO PROVIDE THAT NETS MUST BE ATTENDED AT ALL TIMES; TO PROVIDE FOR THE CONFISCATION OF NETS AND EQUIPMENT ILLEGALLY USED; AND TO PROVIDE THE SAME PENALTIES PROVIDED IN SECTION 50-17-1070; AND TO AMEND SECTION 50-17-1070, AS AMENDED, SO AS TO ADD GILL NETS TO THE LIST OF DEVICES TO WHICH THE PENALTIES APPLY.

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

Use of gill nets in Atlantic Ocean

SECTION 1. Section 50-17-1022 of the 1976 Code is amended to read:

"Section 50-17-1022. It is lawful to use or set gill nets having a stretch mesh size between three and one-half inches and ten inches in the Atlantic Ocean from the shoreline seaward to the three mile territorial limit during the open season for taking shad. During the open fishing period all nets must be drift fished and may not be staked, anchored, or otherwise set in a fixed position.

A gill net of over one hundred yards in length used in the Atlantic Ocean from the shoreline seaward to the three mile limit must be marked with buoys, red or international orange in color, not less than ten inches in diameter which float above the water in a manner to be clearly visible at all times. One buoy must be attached to the float line every one hundred yards and one of the buoys must be attached to each end of the net. At least one buoy attached to the net shall have the name and license number of the owner clearly marked on it.

No gill net used in the waters of the Atlantic Ocean may be left unattended, and if the licensed owner or operator may not be located in the immediate vicinity, the net must be confiscated.

The penalties for violation of this section are the same as those prescribed in Section 50-17-1070. The possession of freshly caught shad during the closed seasons is prima facie evidence of a violation of this section."

Revocation or suspension of license

SECTION 2. The second paragraph of Section 50-17-1070 of the 1976 Code, as last amended by Act 47 of 1983, is further amended to read:

"In addition to the above, any person convicted of violating the provisions pertaining to set or channel nets under Sections 50-17-360, 50-17-1020, 50-17-1021, 50-17-1050, or found in violation of Departmental regulations shall have the set or channel net license issued to him revoked or suspended for the next thirty open season days. Any boat, motor, and equipment used to set, fish, or operate set, channel, or gill nets in violation of the provisions of Sections 50-17-360, 50-17-1021, or 50-17-1022 or during the period for which the set or channel net license has been suspended or revoked must be seized and sold or redeemed as provided for under Section 50-17-1615."

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.