H 3314 Session 112 (1997-1998)
H 3314 General Bill, By Limehouse, Altman, Askins, Bailey, Barfield, Barrett,
Battle, Bauer, H. Brown, J. Brown, A.W. Byrd, Cato, Chellis, Cotty, Davenport,
J.G. Felder, Fleming, Harrell, Harvin, J. Hines, Howard, Inabinett, Keegan,
Kelley, M.H. Kinon, Lanford, Law, Leach, Littlejohn, Lloyd, Loftis, Mason,
McMahand, Miller, V.T. Mullen, Quinn, Rhoad, Rice, Riser, Rodgers, Seithel,
Sharpe, F. Smith, R. Smith, Spearman, Stille, Tripp, Vaughn, Whatley, Whipper,
Wilder, Witherspoon and W.J. Young
Similar(S 479, H 3504)
A BILL TO AMEND SECTION 50-17-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO DEFINITIONS UNDER THE COASTAL FISHERIES LAWS, SO AS TO
REVISE CERTAIN DEFINITIONS; SECTION 50-17-110, AS AMENDED, RELATING TO LICENSE
REQUIREMENTS OF CAPTAINS OR MASTERS OF TRAWLING VESSELS, SO AS TO PROVIDE THAT
THE LICENSE IS VALID ONLY FOR THE SALE OF SEAFOOD PRODUCTS CAUGHT BY LAWFUL
TRAWLING.-SHORT TITLE
01/28/97 House Introduced and read first time HJ-11
01/28/97 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-12
A BILL
TO AMEND SECTION 50-17-15, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
DEFINITIONS UNDER THE COASTAL FISHERIES LAWS, SO
AS TO REVISE CERTAIN DEFINITIONS; SECTION 50-17-110,
AS AMENDED, RELATING TO LICENSE REQUIREMENTS OF
CAPTAINS OR MASTERS OF TRAWLING VESSELS, SO AS TO
PROVIDE THAT THE LICENSE IS VALID ONLY FOR THE
SALE OF SEAFOOD PRODUCTS CAUGHT BY LAWFUL
TRAWLING; SECTION 50-17-170, AS AMENDED, RELATING
TO APPLICATIONS FOR SHRIMP OR CRAB BOAT LICENSES,
SO AS TO FURTHER PROVIDE FOR THE RESIDENCE
REQUIREMENTS IN REGARD TO SUCH LICENSES AND TO
PROVIDE PENALTIES FOR VIOLATIONS; SECTION 50-17-180,
AS AMENDED, RELATING TO WHOLESALE AND RETAIL
SEAFOOD DEALER'S LICENSES, SO AS TO REQUIRE
NONRESIDENT FISHERMEN TO HAVE AN ADDITIONAL
LICENSE FROM THE DEPARTMENT UNDER CERTAIN
CONDITIONS AND REQUIRE SALES AGENTS AT
TEMPORARY LOCATIONS TO HAVE A COPY OF THE
WHOLESALE DEALER'S LICENSE IN THEIR POSSESSION;
SECTION 50-17-210, AS AMENDED, RELATING TO LICENSES
FOR POWERBOATS AND BARGES, SO AS TO PROVIDE THAT
ANY RESIDENT BEFORE USING CRAB POTS FOR
COMMERCIAL PURPOSES MUST ACQUIRE A LICENSE
FROM THE DEPARTMENT FOR SUCH POTS AND TO REVISE
THE MAXIMUM NUMBER OF CRAB POTS WHICH MAY BE
SET FOR PERSONAL USE WITHOUT OBTAINING A LICENSE
AND TO PROVIDE THAT THESE POTS ARE NOT REQUIRED
TO HAVE THE PERSON'S NAME ATTACHED TO THE FLOAT;
SECTION 50-17-250, AS AMENDED, RELATING TO THE
TREATMENT OF NONRESIDENTS IN THE SAME MANNER
SOUTH CAROLINA RESIDENTS ARE TREATED IN THE
NONRESIDENT'S STATE, SO AS TO REVISE THE LICENSE
FEES WHICH SUCH NONRESIDENTS MUST PAY; SECTION
50-17-270, AS AMENDED, RELATING TO THE RECEIPT,
DEPOSIT, AND USE OF FEES RECEIVED UNDER THE
COASTAL FISHERIES LAWS, SO AS TO FURTHER PROVIDE
FOR SUCH RECEIPT, DEPOSIT, AND USE; SECTION 50-17-716,
AS AMENDED, RELATING TO CRAB POTS AND CRAB POT
FLOATS, SO AS TO REVISE THE MANNER IN WHICH SUCH
CRAB POTS AND FLOATS MUST BE CONSTRUCTED AND
IDENTIFIED; TO ADD SECTION 50-17-718, SO AS TO
REQUIRE AUTHORIZATION TO USE ANOTHER PERSON'S
CRAB POTS TO BE IN THE POSSESSION OF THE PERSON
USING THEM IF NOT THE OWNER, TO PROVIDE THAT
NONRESIDENTS MAY NOT USE CRAB POT LICENSES AT
THE RESIDENT FEE, AND TO PROVIDE PENALTIES FOR
VIOLATION; TO AMEND SECTION 50-17-720, AS AMENDED,
RELATING TO THE MINIMUM SIZE OF BLUE CRABS WHICH
MAY BE CAUGHT OR POSSESSED, SO AS TO REVISE
CERTAIN EXCEPTIONS TO THIS PROVISION AND TO
AUTHORIZE THE DEPARTMENT TO ISSUE TO A PERSON
ENGAGED IN CLAM MARICULTURE A PERMIT FOR THE
CAPTURE AND TEMPORARY POSSESSION AND TRANSPORT
OF BLUE CRABS OR STONE CRABS; TO ADD SECTION
50-17-722 SO AS TO PROVIDE FOR THE CIRCUMSTANCES
AND TIMES WHEN IT IS LAWFUL TO SET AND LOCATE
CRAB POTS AND POSSESS CRABS; TO AMEND SECTION
50-17-770, AS AMENDED, RELATING TO REGISTRATION
NUMBERS ON LICENSED CRAB TRAWLERS, SO AS TO
REQUIRE VESSELS USED IN FISHING FOR BLUE CRABS
WITH TRAPS OR TRANSPORTING BLUE CRABS HARVESTED
FOR COMMERCIAL PURPOSES TO DISPLAY CERTAIN
IDENTIFICATION NUMBERS; SECTION 50-17-1120, AS
AMENDED, RELATING TO THE POINT SYSTEM
ESTABLISHED FOR VIOLATION OF THE COASTAL
FISHERIES LAWS, SO AS TO MAKE THE USING OF A
FALSIFIED APPLICATION OR DOCUMENTATION IN
CONNECTION WITH A RESIDENT LICENSE AN EIGHTEEN
POINT VIOLATION; SECTION 50-20-20, AS AMENDED,
RELATING TO DEFINITIONS IN REGARD TO THE
RECREATIONAL FISHERIES CONSERVATION AND
MANAGEMENT ACT, SO AS TO REVISE CERTAIN
DEFINITIONS; AND SECTION 50-20-60, AS AMENDED,
RELATING TO EXEMPTIONS FROM THE STAMP
REQUIREMENT UNDER THE SOUTH CAROLINA
RECREATIONAL FISHERIES CONSERVATION AND
MANAGEMENT ACT, SO AS TO EXEMPT FISHERMEN
FISHING FOR CRABS WITH ANY GEAR OTHER THAN A
WIRE TRAP OR POT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 50-17-15 of the 1976 Code, as last amended
by Section 1265 of Act 181 of 1993, is further amended to read:
"Section 50-17-15. As used in this chapter:
(1) "Fish" means finfish, shellfish, crustaceans,
turtles, and terrapin.
(2) "Shellfish" means oysters, clams,
mussels, escallops, and all immobile fish having shells.
(3) "Crustacean" means crabs, shrimp,
crayfish, stone crabs, and any other mobile fish having a shell.
(4) "Bottoms" means all of the tidelands of
the State covered by water when at the stage of ordinary high tide.
(5) "Fishing" and "fisheries"
mean all operations involved in taking or catching fish and in
preparing them or transporting them to market.
(6) "Commercial purposes" means being
engaged in the commercial fisheries industry with the intent to derive
a livelihood or a substantial portion of livelihood from the industry.
(7) "State resident" has the same meaning as
provided in Section 50-9-30.
(8) "Mariculture" means the controlled
cultivation in confinement of marine and estuarine organisms.
(1) 'Bottoms' means all of the tidelands of the State covered
by water when at the stage of ordinary high tide.
(2) 'Commercial purposes' means being engaged in the
commercial fisheries industry with the intent to derive a livelihood or
a substantial portion of livelihood from the industry.
(3) 'Conservation of fisheries' means management, regulation, data
collection and analysis, permitting, public interactions, enhancement
and protection of fisheries stocks and habitat, law enforcement, and
research.
(4) 'Crustacean' means crabs, shrimp, crayfish, stone crabs, and
any other mobile fish having a shell.
(5) 'Fish' means finfish, shellfish, crustaceans, turtles, and
terrapin.
(6) 'Fishing' and 'fisheries' mean all operations involved in
attempting to take or catch fish or taking or catching fish and in
preparing them or transporting them to market.
(7) 'State resident' has the same meaning as provided in Section
50-9-30.
(8) 'Shellfish' means oysters, clams, mussels, escallops, and all
immobile fish having shells.
(9) 'Mariculture' means the controlled cultivation in
confinement of marine and estuarine organisms."
SECTION 2. Section 50-17-110 of the 1976 Code, as last amended
by Section 1265 of Act 181 of 1993, is further amended to read:
"Section 50-17-110. An annual license for the year beginning July
first is required of each person registered as captain or master of a
trawling vessel under the provisions of Section 50-17-150. The fee
for the license is twenty dollars. This license is valid only for the
sale of seafood products caught by lawful trawling."
SECTION 3. Section 50-17-170 of the 1976 Code, as last amended
by Section 1265 of Act 181 of 1993, is further amended to read:
"Section 50-17-170. The application executed by an applicant
for a shrimp or crab boat license must contain a statement under oath
that he is a resident or nonresident. (A) To be licensed as a
resident, an applicant for a land and sell license, a trawl vessel
license, or a crab trap (pot) license shall present a statement from the
South Carolina Department of Revenue indicating the applicant filed
a South Carolina income tax form as a resident for the previous
calendar year. The applicant also shall present an additional form of
personal identification acceptable to the department.
(B) It is unlawful to possess a currently valid South Carolina
resident fishing license authorized under this chapter and any
currently valid resident fishing license of another state.
(C) A person violating this section is guilty of a misdemeanor
and, upon conviction, must be fined five hundred dollars or
imprisoned for thirty days."
The requirement of proof of filing of a resident income tax form as
required by Section 50-17-170 of the 1976 Code shall apply to all
commercial fishing licenses issued one year or more after the
effective date of this act.
SECTION 4. Section 50-17-180 of the 1976 Code, as last amended
by Section 1265 of Act 181 of 1993, is further amended to read:
"Section 50-17-180. (A) For purposes of this article:
(1) Primary wholesale seafood dealer is a person who buys or
receives fresh or frozen saltwater fishery products taken or landed in
this State from fishermen or harvesters and sells, transfers, packs,
holds, stores, ships, or consigns the products to other
wholesalers or retailers but does not sell exclusively to consumers.
(2) A retail seafood dealer is a person who sells fresh or frozen
saltwater fishery products directly to the consumer, not for resale.
(3) Saltwater fishery products means molluscan shellfish,
crustaceans, finfish, and any other marine, estuarine, or anadromous
species.
(B) A qualified person who meets the license and other
requirements of this article and other applicable statutes and
regulations may operate as both a wholesale and retail seafood dealer.
(C) A person, before engaging in business or operating
as a primary wholesale seafood dealer, shall obtain a license from the
department upon payment of a fee of fifty dollars. Any
resident fisherman who sells his catch to a person required
to have a primary wholesale dealer license under this section shall
obtain an annual land and sell license from the department, the fee for
which is twenty-five dollars. Any nonresident fisherman who
sells his catch to a person required to have a primary wholesale dealer
license under this section shall obtain an annual land and sell license
from the department, the fee for which is one thousand dollars.
The license is not required of persons licensed under Section
50-17-110 who sell their trawl-caught catch exclusively to
a primary wholesale seafood dealer. Any person who takes saltwater
fishery products and sells his catch shall sell the catch only to a
licensed wholesale seafood dealer or must be a licensed wholesale
seafood dealer himself. All saltwater fishery products to be used for
commercial purposes caught or taken in state waters and landed in
this State or landed by a fishing vessel of any type regardless of
where taken must be delivered to a primary wholesale seafood dealer
licensed under this section, either for direct sale or for handling,
packing, processing, or shipping. It is unlawful for a person required
to have a primary wholesale seafood dealer license to purchase or
receive saltwater fishery products landed in this State from any
fisherman not licensed under Section 50-17-110, or licensed under
this section. The provisions of this section do not apply to properly
licensed persons engaged only in the taking or sale of live bait.
(D) All primary wholesale seafood dealers licensed under
this section shall have a permanent, nonmobile establishment or
packing house with facilities for the proper handling, storage, and
sanitation of seafood products. A separate primary wholesale dealer's
license is required for each establishment or business owned or
operated by a person. An agent employed by a primary
wholesale dealer and vending at a temporary location shall have a
copy of the wholesale dealer's license in his immediate
possession. (E) Roadside vendors, transient dealers,
or peddlers operating from mobile vehicles, roadside stands, or other
temporary locations who sell or offer for sale saltwater fishery
products are retail dealers, who shall receive or purchase the products
only from licensed primary wholesale dealers or other retailers, and
shall comply with the retail license and tax requirements provided
under Title 12, Chapter 35.
(F) Any person driving or operating a vehicle
transporting a shipment or load of fresh or frozen saltwater fishery
products and any person selling or offering for sale the products shall
have in possession dated bills of lading, invoices, receipts, bills of
sale, or similar documents showing the quantity of each species or
type of seafood transported or sold and the name and address of the
licensed wholesale seafood dealer or harvester from whom the
products were purchased or received. The proof is not required of a
commercial fisherman transporting his catch to a licensed primary
wholesale seafood dealer, but he shall have in his possession all
licenses, permits, and tags required by law for the harvest,
transporting, and sale of saltwater fishery products.
(G) Any person violating the provisions of this section
is guilty of a misdemeanor and, upon conviction, must be fined two
hundred dollars or imprisoned for not more than thirty days. In
addition, any catch, load, or shipment of saltwater fishery products
in possession or being transported by any person violating the
provisions of this section may be seized and sold, with the proceeds
held pending the final disposition of the case."
SECTION 5. Section 50-17-210 of the 1976 Code, as last amended
by Section 1265 of Act 181 of 1993, is further amended to read:
"Section 50-17-210. Any powerboat or self-propelled barge or
lighter used for commercial fishing or using or transporting
commercial fishing equipment not provided for in Section 50-17-150
must shall obtain from the department an annual
license for:
(1) boats or vessels, up to but not over eighteen feet in length, in
the amount of twenty dollars;
(2) boats or vessels, over eighteen feet in length, in the amount of
twenty-five dollars.
License plates issued under this section must be displayed in such
a manner as to be visible from both sides of the boat. Any boat
license required by this section must be issued in the name of the
owner of the vessel who shall apply in person and specify the type
and quantities of fishing gear to be used, the name of the captain or
operator, and such other information as the department may require.
In addition to the boat license, a license fee of ten dollars is required
for each type of fishing equipment or gear specified on the license
application. For gill nets, haul seines, trammel nets, and fish seines
a ten-dollar license fee is required for each one hundred yards of net
or fraction thereof. Each individual net is required to be licensed
regardless of length.
A resident before using crab traps (pots) for commercial
purposes shall acquire from the department a license at a cost of
twenty-five dollars for the first fifty traps (pots) and an additional
cost of one dollar for each additional trap (pot). A nonresident,
before using crab traps (pots) for commercial purposes, shall acquire
from the department a license at a cost of twenty-five dollars for the
first fifty traps (pots) and an additional cost of five dollars for each
additional trap (pot). A person licensed to use crab traps (pots) may
increase the number of traps (pots) by paying the appropriate
additional fee. The license must be amended or replaced accordingly.
It is unlawful for a person to either apply for or hold more than one
crab trap (pot) license.
Commercial fishing equipment means any type of net, seine, trap,
pot, tongs, dredge, trotline, rake, or other device used to take fish,
except for hook and line, bait minnow traps, drop nets, dip nets, or
equipment specifically exempt from the license requirements of this
section by other provisions of law. Any person may set not more
than two four crab pots with his name attached
to the float for his personal use without obtaining a license under
this section."
SECTION 6. Section 50-17-250 of the 1976 Code, as last amended
by Section 1265 of Act 181 of 1993, is further amended to read:
"Section 50-17-250. In the event that a nonresident's state
charges South Carolina residents commercial license fees in excess
of the amounts provided for like activities in this chapter, the
nonresident must pay the same total license fees which his state
charges South Carolina residents. The department may deny
issuance of any license or permits for commercial fishing equipment
or activities to residents of any coastal state which denies the same
privileges to South Carolina residents. The department may limit the
type of fishing equipment used, seasons, and areas where
nonresidents may fish in accordance with comparable limitations
placed upon South Carolina fishermen by the nonresident's state."
SECTION 7. Section 50-17-270 of the 1976 Code, as last amended
by Section 1265 of Act 181 of 1993, is further amended to read:
"Section 50-17-270. All revenues from taxes, licenses, rentals,
or other sources derived from the fisheries or the operation and
enforcement of the coastal fisheries laws must be transmitted to the
department and the check must be made payable to the State
Treasurer.
All revenues not otherwise dedicated by law derived from the
regulation of saltwater fisheries must be transmitted to the department
for deposit in the department's general operating fund and must be
used by the department in support of the conservation of fisheries.
All forfeitures under this chapter must be transmitted to the
department for deposit in the department's general operating fund and
must be used by the department in support of the conservation of
fisheries.
Revenues from all fines and forfeitures resulting from violations of
the coastal fisheries laws must be transmitted to the county treasurer
of the county where the revenues were collected who shall then
transmit them, less any amount to be paid to the South Carolina Law
Enforcement Training Council under the provisions of Section
23-23-70, to the department, and the check must be made payable
to the State Treasurer. The checks must be forwarded to the State
Treasurer who shall credit these revenues to the general fund of the
State.
The remittances must be accompanied by a statement showing the
name of all persons fined, the amount of each fine, the summons
number, and the court in which each fine was collected.
The department, as provided by Section 50-5-110, may promulgate
regulations concerning the establishment in the coastal counties of
arrangements with the county treasurers or other persons for the
issuance of licenses and for establishing the commissions to be paid
to them and for the issue of receipts of collections and remittances of
money for fines similar to and upon the terms now existing."
SECTION 8. Section 50-17-716 of the 1976 Code, as last amended
by Section 1265 of Act 181 of 1993, is further amended to read:
"Section 50-17-716. (A) All crab traps (pots) must have at
least two unobstructed, circular escape vents (rings) which must be
2 3/8 inches or greater in inside diameter. One vent must be on a
vertical surface in the upper chamber within two inches of the base
of the horizontal partition, and the other vent must be on a vertical
surface within two inches of the base of the trap (pot). Crab traps
(pots) constructed of a single chamber must have at least one 2
3/8-inch or larger inside diameter escape vent located on a vertical
surface within two inches of the base of the trap (pot). Traps (pots)
constructed of square mesh wire measuring two by two inches and
peeler traps (pots) are exempt. Peeler traps (pots) must be
constructed of one-inch hexagonal wire and be baited only with male
crabs.
(A)(B) A float or buoy attached to a crab pot
or crab trap set in the waters of this State must be made of solid,
buoyant material as described by this section which does not sink
upon being punctured or cracked. The floats must be constructed of
plastic, PVC Spongex, plastic foam, or cork. No hollow buoys or
floats including plastic, metal, or glass bottles or jugs may be
used, except that manufactured buoys or floats specifically
designed for use with traps or pots may be hollow if constructed of
heavy duty plastic material and approved by the department.
A primary float attached to a crab pot must be at least ten inches in
length if rectangular, cylindrical, or conical in shape and at least five
inches in diameter or width. Round or spherical primary buoys or
floats must be at least six inches in diameter.
Buoy lines for crab traps (pots) must be made of nonfloating
material.
(C) Floats on traps (pots) used for recreational purposes must
be yellow in color and must have the owner's name in a contrasting
color.
(B)(D) A person licensed to fish crab pots under
Section 50-17-210 must be assigned an identification number by the
department. The assigned identification number must be
painted burned or branded on each crab pot float in
numerals of a contrasting color at least two inches in height
and must be clearly legible at all times. At the option of the licensee,
the buoy identification number assigned to him may be affixed to his
crab pot for identification purposes. It is unlawful for a person to
mark crab pots, floats, or buoys with a number other than that
assigned by the department under this section. Identification
numbers on crab trap (pot) floats and float (buoy) color must match
the identification number and color(s) specified in Section 50-17-770.
The identification number on the float must be unobstructed and
visible when the float is at rest in the water. The department may
approve and require crab fishermen to register their color
choices.
(C)(E) A person violating the provisions of this
section, upon conviction, must be punished as provided in Section
50-17-100. In addition, a crab trap found without the identification
required by law must be seized and disposed of as determined by the
department."
The amendments to Section 50-17-716 of the 1976 Code, as
contained herein, take effect ninety days after the effective date of
this act.
SECTION 9. The 1976 Code is amended by adding:
"Section 50-17-718. (A) A person using crab traps (pots) licensed
by another person must have in his possession a legibly written,
signed statement from the owner that he may use the pots. The
statement must specify fishing dates and information for immediately
contacting the owner. A person violating this subsection is guilty of
a misdemeanor and, upon conviction, must be fined two hundred
dollars or imprisoned for ten days.
(B) Nonresidents may not use traps (pots) licensed at the resident
fee. A person violating this subsection is guilty of a misdemeanor
and, upon conviction, must be fined five hundred dollars or
imprisoned for thirty days."
SECTION 10. Section 50-17-720 of the 1976 Code, as last amended
by Section 1265 of Act 181 of 1993, is further amended to read:
"Section 50-17-720. (A) It is unlawful for any person
to catch, destroy, confine, hold, or have in his possession, whether for
individual use or for market, any crab of the genus Callinectes
sapidus (blue crab), or allied species, of a smaller size than five
inches measured from tip of one lateral spine across the back of the
shell to the tip of the opposite lateral spine. When a person who
holds a wholesale dealer's license purchases crabs away from his
place of business, he is not guilty of violating this section by
transporting the crabs to his place of business nor until he has had a
reasonable opportunity to examine the crabs. The provisions of this
section, subject to the provisions of Section 50-17-730, do not apply
to crabs in floats or tanks in the process of shedding into soft shell
crabs, and any person having a valid permit or identification card, as
provided in Section 50-17-730, may catch, have in possession, or
offer for sale such the crabs for the purpose of
placing them in floats or tanks to shed into soft shell crabs.
(B) The department may issue to a person engaged
in clam mariculture a permit for the capture, temporary possession,
and transport of blue crabs or stone crabs of any size, and the person
shall have the permit in his immediate possession. The permittee
shall return all captured stone crabs and sublegal blue crabs to water
of comparable salinity, and crabs must be released alive. If the
permittee is fishing more than four pots, he may retain legal size blue
crabs and stone crab claws only if he possesses the appropriate crab
licenses.
(C) Enforcement officers may inspect for violations of
laws contained in this title pertaining to blue crabs only prior to the
processing of the crabs."
SECTION 11. The 1976 Code is amended by adding:
"Section 50-17-722. (A) No trap may be set so as to obstruct any
creek or other navigable water course, access point, or mooring point.
Any trap determined by the department to be a hazard to navigation
may be removed by the department and disposed of as provided in
this chapter.
(B) It is unlawful to fish crab traps (pots) or transport crabs, or
parts or products thereof, aboard vessels at night except as otherwise
allowed by this section. Night as used in this section means:
(1) during the period April 1 through September 15: nine p.m.
to five a.m. the following day, local time, and
(2) during the period September 16 through March 31: seven
p.m. to six a.m. the following day, local time.
A person violating this subsection is guilty of a misdemeanor and,
upon conviction, must be fined five hundred dollars or imprisoned for
thirty days.
(C) Trawlers may possess live crabs at night if taken during lawful
trawling activity. However, no vessel rigged for trawling may be
used to fish crab traps (pots).
(D) No crab trap or pot may be placed in a stream, creek, or river
within one hundred yards of a public boat ramp or launching area.
(E) No crab pot or trap may be set so that any portion of the pot is
left dry at low water.
(F) No crab pot or trap may be abandoned, or left unattended, in
coastal waters for more than five days. The finding of any crab pot
or trap with dead or decomposing crabs, or the finding of excessive
marine growth on the trap, line or buoy is sufficient grounds for
confiscation.
(G) The department may inspect traps for compliance with this
section at any time. If the department finds any trap set in violation
of this section or if the trap contains dead catch, the trap is
contraband and must be seized and disposed of as described in
Section 50-17-650."
SECTION 12. Section 50-17-770 of the 1976 Code, as last amended
by Section 1265 of Act 181 of 1993, is further amended to read:
"Section 50-17-770. (A) Every boat licensed by the
department to trawl for crabs in this State, at the time of the issuance
of such license must be assigned by the department a number under
which the boat must be registered and operated. The number
so assigned to the boat must be of distinctive numerals of a
size and shape as may be furnished by the department and must be so
displayed as to be clearly visible from either side of the vessel.
(B) Any vessel used in fishing for blue crabs with traps (pots),
or transporting live blue crabs harvested for commercial purposes
must have crab trap (pot) identification numbers permanently and
conspicuously displayed on the outside of the hull on both the port
and starboard sides of the vessel near amidship. Individual letters
and numerals must be no less than eight inches high and six inches
wide and of a color contrasting the hull. An unobstructed circle no
less than eight inches in diameter, outlined in a contrasting color must
be displayed next to the trap (pot) identification number. The circle
must consist of any one or two colors other than black or yellow. If
two colors are used, each color must cover one-half of the circle.
Colors must be of such hue and brilliancy as to be easily
distinguished and seen."
The amendments to Section 50-17-770 of the 1976 Code, as
contained herein, take effect ninety days after the effective date of
this act.
SECTION 13. Section 50-17-1120(A) of the 1976 Code, as last
amended by Act 387 of 1994, is further amended by adding an
appropriately numbered item to read:
"( ) applying for or obtaining any resident license as provided in
this chapter using a falsified application or supporting documentation
or simultaneously possessing any currently valid South Carolina
resident license as provided in this chapter and the same from another
state: 18;"
SECTION 14. Section 50-20-20 of the 1976 Code, as last amended
by Section 1268 of Act 181 of 1993, is further amended to read:
"Section 50-20-20. As used in this chapter, unless the context
otherwise requires:
(1) "Fishing" means:
(a) catching, taking, landing, or harvesting marine
fish;
(b) attempting to catch, take, land, or harvest marine
fish;
(c) other activity reasonably expected to result in the
catching, taking, landing, and harvesting of marine fish.
(2) "Recreational fishermen" includes
persons engaging or intending to engage in fishing for recreation
only.
(3) "Marine fish" includes all species of
finfish, oysters, and clams in South Carolina's tidal waters.
(4) "Charter fishing vessel" means a vessel
used to transport marine recreational fishermen for hire and includes
charter, party, and head boats.
(5) "Tidal waters" means waters where the
tide regularly rises and falls and in the areas defined in Section
50-17-30 corresponds to the existing freshwater/saltwater dividing
lines seaward.
(6) "Public fishing pier" refers to piers open
to the public and which charge a fee to fish.
(1) 'Charter fishing vessel' means a vessel used to transport
marine recreational fishermen for hire and includes charter, party, and
head boats.
(2) 'Fishing' means:
(a) catching, taking, landing, or harvesting marine fish;
(b) attempting to catch, take, land, or harvest marine fish;
(c) other activity reasonably expected to result in the
catching, taking, landing, and harvesting of marine fish.
(3) 'Marine fish' includes all species of finfish, oysters,
and clams, and blue crabs in South Carolina's tidal waters.
(4) 'Public fishing pier' refers to piers open to the public and
which charge a fee to fish.
(5) 'Recreational fishermen' includes persons engaging or
intending to engage in fishing for recreation only.
(6) 'Tidal waters' means all waters of the rivers and their
tributaries, streams, and estuaries lying seaward of the
freshwater/saltwater dividing line and all impoundments seaward of
the freshwater/saltwater dividing line which are intermittently filled
or drained by the action of the tide."
SECTION 15. Section 50-20-60 of the 1976 Code, as last amended
by Act 372 of 1996, is further amended to read:
"Section 50-20-60. The following are exempt from purchasing
the stamp:
(1) fishermen using a hook and line from the shore or a
shore-based structure;
(2) fishermen fishing for crabs with any gear other than a
wire trap or pot;
(2)(3) fishermen fishing from a charter fishing
vessel with a valid charter fishing permit or from a public fishing pier
with a valid public fishing pier permit;
(3)(4) members of the United States Armed
Forces who are residents of South Carolina stationed outside this
State upon presentation of official furlough or leave papers;
(4)(5) persons exempted under Article 7,
Chapter 9 of Title 50."
SECTION 16. This act takes effect upon approval by the Governor.
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