S 0900 General Bill, By Drummond
 A Bill to amend Section 50-17-422, Code of Laws of South Carolina, 1976,
 relating to the restrictions on the use of gill nets for taking American shad
 in state waters of the Atlantic Ocean, so as to provide that each net set in
 violation of this Section constitutes a separate offense.

   04/17/91  Senate Introduced and read first time SJ-9
   04/17/91  Senate Referred to Committee on Fish, Game and Forestry SJ-9

A BILL

TO AMEND SECTION 50-17-422, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF GILL NETS FOR TAKING AMERICAN SHAD IN STATE WATERS OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT EACH NET SET IN VIOLATION OF THIS SECTION CONSTITUTES A SEPARATE OFFENSE.

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

SECTION 1. Section 50-17-422 of the 1976 Code is amended to read:

"Section 50-17-422. 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 includes 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 territorial 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 must have the name and license number of the owner clearly marked on it.

Each net set in violation of this section constitutes a separate offense.

The penalties for violation of this section are the same as those prescribed in Section 50-17-470. The possession of freshly caught shad by any fisherman during the closed seasons is unlawful."

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