H*3528(Rat #0185, Act #0121 of 1989)  General Bill, By Sharpe, M.O. Alexander, 
K.E. Bailey, Barfield, L.E. Bennett, G.A. Brown, D.M. Bruce, K.S. Corbett, 
H.M. Hallman, Koon, Littlejohn, S.G. Manly, Rhoad, J.J. Snow, C.L. Sturkie and 
C.Y. Waites
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 16-13-65 and 16-13-66, so as to make it unlawful for any person to steal or
 attempt to steal any cultured wildlife from a bonafide aquaculture operation
 or to damage, transfer, or attempt to damage or transfer aquaculture products,
 species, or facilities, or to interfere with an aquaculturist's activities,
 and to provide penalties; to amend the 1976 Code by adding Section 50-17-685
 so as to require the use of turtle excluder devices in trawl nets; and to
 amend Section 50-1-10, relating to wildlife declared to be state property, so
 as to exclude fish grown in aquaculture operations.-amended title

   02/21/89  House  Introduced and read first time HJ-10
   02/21/89  House  Referred to Committee on Agriculture and Natural
                     Resources HJ-10
   03/29/89  House  Committee report: Favorable with amendment
                     Agriculture and Natural Resources HJ-7
   03/30/89  House  Amended HJ-20
   03/30/89  House  Read second time HJ-21
   03/30/89  House  Unanimous consent for third reading on next
                     legislative day HJ-22
   03/31/89  House  Read third time and sent to Senate HJ-2
   04/04/89  Senate Introduced and read first time SJ-23
   04/04/89  Senate Referred to Committee on Fish, Game and Forestry SJ-23
   04/19/89  Senate Committee report: Favorable with amendment Fish,
                     Game and Forestry SJ-18
   04/25/89  Senate Amended SJ-40
   04/25/89  Senate Read second time SJ-41
   04/25/89  Senate Ordered to third reading with notice of
                     amendments SJ-41
   04/27/89  Senate Amended SJ-137
   04/27/89  Senate Read third time and returned to House with
                     amendments SJ-138
   05/10/89  House  Senate amendment amended HJ-69
   05/10/89  House  Returned to Senate with amendments HJ-69
   05/11/89  Senate Non-concurrence in House amendment SJ-16
   05/16/89  House  House insists upon amendment and conference
                     committee appointed Reps. Bennett, Snow &
                     Barfield HJ-18
   05/17/89  Senate Conference committee appointed Sens. Waddell,
                     Helmly, and Giese SJ-8
   05/23/89  Senate Reconsidered SJ-45
   05/23/89  Senate Concurred in House amendment and enrolled SJ-46
   05/25/89         Ratified R 185
   05/31/89         Signed By Governor
   05/31/89         Effective date 05/31/89
   05/31/89         Act No. 121
   06/09/89         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-13-65 AND 16-13-66, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO STEAL OR ATTEMPT TO STEAL ANY CULTURED WILDLIFE FROM A BONA FIDE AQUACULTURE OPERATION OR TO DAMAGE, TRANSFER, OR ATTEMPT TO DAMAGE OR TRANSFER AQUACULTURE PRODUCTS, SPECIES, OR FACILITIES, OR TO INTERFERE WITH AN AQUACULTURIST'S ACTIVITIES, AND TO PROVIDE PENALTIES; TO AMEND THE 1976 CODE BY ADDING SECTION 50-17-685 SO AS TO REQUIRE THE USE OF TURTLE EXCLUDER DEVICES IN TRAWL NETS; AND TO AMEND SECTION 50-1-10, RELATING TO WILDLIFE DECLARED TO BE STATE PROPERTY, SO AS TO EXCLUDE FISH GROWN IN AQUACULTURE OPERATIONS.

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

Aquaculture operations - stealing or damaging products or facilities unlawful

SECTION 1. The 1976 Code is amended by adding:

"Section 16-13-65. (A) All wildlife including finfish, shellfish, crustacean, and plant species held and cultivated by bona fide aquaculture operations remain the private property of the culturist until sold, traded, or bartered.

(B) It is unlawful for a person to steal or attempt to steal or otherwise take without prior authorization any cultured wildlife including finfish, shellfish, crustacean, or plants from a bona fide aquaculture operation, posted as such, in this State.

(C) It is unlawful for a person to transfer, damage, vandalize, poison, or attempt to transfer, damage, vandalize, or poison the product or facilities of a bona fide aquaculture operation, posted as such, in this State. No person may cast or cause to be cast poison, impurities, or other substances which are injurious to aquaculture species into the waters or water supply of a bona fide aquaculture operation, posted as such, in this State. No person may attempt to impair or impede an aquaculturist or his employees while in pursuit of lawful activities associated with aquaculture.

Nothing in this section precludes the enforcement of or the applicability of a statute contained in Title 50."

Penalties

SECTION 2. The 1976 Code is amended by adding:

"Section 16-13-66. A person violating the provision of Section 16-13-65 is guilty of a misdemeanor and, upon conviction:

(1) For the first offense, must be fined an amount not to exceed five hundred dollars or imprisoned for a term not to exceed one year, or both and shall pay restitution to the culturist an amount determined by the court.

(2) For a second offense, must be fined an amount not to exceed two thousand dollars or imprisoned for a term not less than two months and thirty days community service nor more than one year, or both and shall pay restitution to the culturist an amount determined by the court. Furthermore, all equipment, including, but not limited to, vehicles, fishing devices, coolers and nets must be seized and forfeited to the court.

(3) For a third or subsequent offense, must be fined an amount not to exceed five thousand dollars or imprisoned for a term not less than six months nor more than two years, or both and shall pay restitution to the culturist an amount determined by the court. Furthermore, all equipment, including, but not limited to, vehicles, fishing devices, coolers, and nets must be seized and forfeited to the court.

Provided further, that if the value of such property stolen or damaged is less than one hundred dollars, the case shall be tried in magistrate's court and the punishment shall be no more than is permitted by law without presentment or indictment by a grand jury."

Fish grown in aquaculture

SECTION 3. Section 50-1-10 of the 1976 Code is amended to read:

"Section 50-1-10. All wild birds, wild game and fish, except fish in strictly private ponds and lakes and lakes entirely segregated from other waters or held and grown in bona fide aquaculture operations are the property of the State."

Use of turtle excluder devices

SECTION 4. Article 6, Chapter 17, Title 50 of the 1976 Code is amended by adding:

"Section 50-17-685. A turtle excluder device must be used in trawl nets in state waters under the same conditions required by federal regulations.

The Wildlife and Marine Resources Department must follow the federal enforcement guidelines when enforcing any state turtle excluder device regulations."

Time effective

SECTION 5. This act takes effect upon approval by the Governor.