S*1073(Rat #0582, Act #0503 of 1986)  General Bill, By 
Senate Fish, Game and Forestry
 A Bill to amend Section 50-17-1022, as amended, Code of Laws of South
 Carolina, 1976, relating to the use of gill nets in the Atlantic Ocean, so as
 to regulate their use during the open season for the taking of American shad,
 to define "anchored", to increase the size of buoys used to mark their
 locations from ten inches in diameter to twenty inches in diameter, and to
 provide that possession of freshly caught shad by any fisherman during the
 closed season is prima facie evidence of a violation.-amended title

   02/26/86  Senate Introduced, read first time, placed on calendar
                     without reference SJ-746
   02/27/86  Senate Read second time SJ-773
   02/27/86  Senate Unanimous consent for third reading on next
                     legislative day SJ-782
   02/28/86  Senate Read third time and sent to House SJ-796
   03/04/86  House  Introduced and read first time HJ-1122
   03/04/86  House  Referred to Committee on Agriculture and Natural
                     Resources HJ-1123
   05/22/86  House  Committee report: Favorable with amendment
                     Agriculture and Natural Resources HJ-3232
   05/28/86  House  Debate adjourned HJ-3461
   05/29/86  House  Debate adjourned HJ-3502
   06/02/86  House  Amended HJ-3555
   06/02/86  House  Read second time HJ-3556
   06/03/86  House   Read third time HJ-3583
   06/03/86  House  Returned HJ-3583
   06/04/86  Senate Concurred in House amendment and enrolled SJ-3544
   06/05/86         Ratified R 582
   06/10/86         Signed By Governor
   06/10/86         Effective date 06/10/86
   06/10/86         Act No. 503
   06/17/86         Copies available

AN ACT TO AMEND SECTION 50-17-1022, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF GILL NETS IN THE ATLANTIC OCEAN, SO AS TO REGULATE THEIR USE DURING THE OPEN SEASON FOR THE TAKING OF AMERICAN SHAD, TO DEFINE "ANCHORED", TO INCREASE THE SIZE OF BUOYS USED TO MARK THEIR LOCATIONS FROM TEN INCHES IN DIAMETER TO TWENTY INCHES IN DIAMETER, AND TO PROVIDE THAT POSSESSION OF FRESHLY CAUGHT SHAD BY ANY FISHERMAN DURING THE CLOSED SEASON IS PRIMA FACIE EVIDENCE OF A VIOLATION.

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

Taking American shad in state waters

SECTION 1. Section 50-17-1022 of the 1976 Code, as last amended by Act 433 of 1984, is further amended to read:

"Section 50-17-1022. During the open season for taking American shad in state waters of the Atlantic Ocean, all gill nets having a stretch mesh size between four and one-half inches and ten inches stretched mesh must be drift fished and may not be staked, anchored, or otherwise set in a fixed position. For the purpose of this section anchored shall include the use of concrete blocks or any other weight which is not a part of the natural construction of the gill net. No gill net of the mesh sizes specified in this paragraph used in the waters of the Atlantic Ocean during the open season for shad may be left unattended, and if the licensed owner or operator is not located in the immediate vicinity, the net must be confiscated.

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 twenty 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 of the net 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.

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

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.