S*1073 Session 106 (1985-1986)
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
(A503, R582, S1073)
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. |