H*3868 Session 109 (1991-1992)
H*3868(Rat #0507, Act #0428 of 1992) General Bill, By J.J. Snow
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.
04/11/91 House Introduced and read first time HJ-24
04/11/91 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-24
04/15/92 House Committee report: Favorable Agriculture, Natural
Resources and Environmental Affairs HJ-3
04/29/92 House Read second time HJ-251
04/30/92 House Read third time and sent to Senate HJ-19
04/30/92 Senate Introduced and read first time SJ-10
04/30/92 Senate Referred to Committee on Fish, Game and Forestry SJ-10
05/19/92 Senate Committee report: Favorable Fish, Game and
Forestry SJ-16
05/20/92 Senate Read second time SJ-44
05/20/92 Senate Unanimous consent for third reading on next
legislative day SJ-44
05/21/92 Senate Read third time and enrolled SJ-22
05/27/92 Ratified R 507
06/01/92 Signed By Governor
06/01/92 Effective date 06/01/92
06/01/92 Act No. 428
06/17/92 Copies available
(A428, R507, H3868)
AN ACT 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:
Gill nets
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."
Time effective
SECTION 2. This act takes effect upon approval by the
Governor.
Approved the 1st day of June, 1992. |