South Carolina Legislature


 

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S*1163
Session 107 (1987-1988) 

S*1163(Rat #0643, Act #0561 of 1988)  General Bill, By Drummond
 A Bill to amend Chapters 11 and 17, Title 50, Code of Laws of South Carolina,
 1976, relating to the protection of game and the coastal fisheries laws, so as
 to restructure the contents of the Chapters and rearrange and recodify the
 provisions of law in this State concerning the hunting, trapping, and
 protection of animals and game and the regulation of coastal fisheries.

   02/03/88  Senate Introduced and read first time SJ-7
   02/03/88  Senate Referred to Committee on Fish, Game and Forestry SJ-7
   03/03/88  Senate Committee report: Favorable with amendment Fish,
                     Game and Forestry SJ-36
   03/08/88  Senate Amended SJ-44
   03/08/88  Senate Read second time SJ-44
   03/08/88  Senate Ordered to third reading with notice of
                     amendments SJ-44
   03/09/88  Senate Read third time and sent to House SJ-20
   03/10/88  House  Introduced and read first time HJ-1883
   03/10/88  House  Referred to Committee on Agriculture and Natural
                     Resources HJ-1883
   04/27/88  House  Committee report: Favorable with amendment
                     Agriculture and Natural Resources HJ-3222
   05/03/88  House  Amended HJ-3484
   05/03/88  House  Read second time HJ-3487
   05/04/88  House   Read third time HJ-3530
   05/04/88  House  Returned HJ-3530
   05/05/88  Senate Concurred in House amendment and enrolled SJ-8
   05/24/88         Ratified R 643
   05/29/88         Signed By Governor
   05/29/88         Effective date 05/29/88
   05/29/88         Act No. 561
   06/29/88         Copies available



(A561, R643, S1163)

AN ACT TO AMEND CHAPTERS 11 AND 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME AND THE COASTAL FISHERIES LAWS, SO AS TO RESTRUCTURE THE CONTENTS OF THE CHAPTERS AND REARRANGE AND RECODIFY THE PROVISIONS OF LAW IN THIS STATE CONCERNING THE HUNTING, TRAPPING, AND PROTECTION OF ANIMALS AND GAME AND THE REGULATION OF COASTAL FISHERIES.

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

Protection of game

SECTION 1. Chapter 11 of Title 50 of the 1976 Code is amended to read:

"CHAPTER 11

Protection of Game

Article 1

General Provisions

Section 50-11-10. The federal migratory bird treaty regulations provided for in Article VI of the Constitution of the United States are declared to be the law of this State, and the penalty for their violation is punishment by a fine of not less than twenty-five dollars nor more than one hundred dollars or thirty days' imprisonment. Any person who:

(1) trespasses to hunt waterfowl;

(2) hunts waterfowl over bait;

(3) shoots waterfowl over bait;

(4) hunts waterfowl more than fifteen minutes before or after regularly designated hunting hours;

(5) possesses more than one waterfowl over the legal limit;

(6) hunts waterfowl out of season must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

Section 50-11-20. (A) As used in this article:

(1) 'Commission' means the South Carolina Wildlife and Marine Resources Commission.

(2) 'Committee' means the Migratory Waterfowl Committee.

(3) 'Department' means the South Carolina Wildlife and Marine Resources Department.

(4) 'Migratory waterfowl' means members of the family 'Anatidae', including brants, ducks, geese, and swans.

(B) There is created the Migratory Waterfowl Committee composed of nine members. The Ducks Unlimited Regional Director for South Carolina and the immediate past and present chairman of Ducks Unlimited shall serve ex officio. Two members are appointed by the Chairman of the Agriculture and Natural Resources Committee of the House of Representatives, two are appointed by the Chairman of the Fish, Game and Forestry Committee of the Senate, and two are appointed by the Governor, all of whom must be cognizant of waterfowl. The members of the committee shall serve for terms of three years and until successors are appointed and qualify. Vacancies are filled for the unexpired term in the manner of the original appointment. The members of the committee shall elect a chairman annually. Members of the committee are eligible to receive such per diem, subsistence, and mileage as is provided by law for members of boards, commissions, and committees.

(C) The committee is responsible for the creation of the annual migratory waterfowl stamp provided in Section 50-9-155, shall provide the design to the department, and shall promulgate regulations for the creation of migratory waterfowl stamp prints, their administration, sale, and distribution, and other matters relating to the stamps and their prints. If the committee sells any of the stamps, it shall purchase them from the department for five dollars and fifty cents a stamp, all of which is retained by the department. Funds derived from the sale of prints and related artwork must be expended as follows:

(1) The portion of the funds necessary to make up fifty percent of the total funds derived from the sale of the migratory waterfowl stamps and the migratory waterfowl stamp prints must be transferred by the committee to the commission to be used for its specified projects.

(2) Except for the amount necessary for the committee to administer and promote the sale of any prints, stamps, or related articles, the remainder of the funds derived from the sale of the prints and related articles must be disbursed to an appropriate nonprofit organization for the development of waterfowl propagation projects within Canada. The projects must specifically provide waterfowl for the Atlantic Flyway and must demonstrate evidence that the projects are acceptable to the appropriate governmental agencies having jurisdiction over the project areas.

(3) The committee shall have an annual audit of its finances conducted by the State Auditor and shall furnish a copy to the department.

Section 50-11-30. In all instances when the open season for the hunting of game expires on Sunday, the period is extended to include the following Monday. When the open season for hunting of game begins on a Sunday, hunting is allowed on the Saturday preceding and the season for hunting game opens on that day.

Section 50-11-40. (A) It is unlawful for any person to hunt, catch, take, kill, or attempt to hunt, catch, take, or kill any game bird or game animal by the use or aid of recorded calls or sounds or recorded or electronically amplified imitations of calls or sounds.

(B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than one hundred dollars.

Article 2

Small Game

Section 50-11-110. The following species constitute small game animals: raccoon, opossum, rabbit, squirrel, fox, quail, bobcat, beaver, mink, muskrat, skunk, otter, grouse, and weasel.

Section 50-11-120. Except as specified below, the season for hunting small game is Thanksgiving Day through March first; provided that there is no open season on grouse except in Game Zone 1.

(1) Game Zone 1: Rabbit: September first through Thanksgiving Day without weapons and Thanksgiving Day through February fifteenth with guns and dogs;

Squirrel: September fifteenth through January thirty-first;

Fox: year round but no weapons may be used from January second to August fifteenth;

Raccoon and Opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only;

(2) Game Zone 2: Rabbit: Thanksgiving Day through February fifteenth, inclusive; rabbits may be hunted without weapons from September first to Thanksgiving Day;

Squirrel: October first through February fifteenth;

Fox: year round but no weapons may be used from January second to August

fifteenth;

Raccoon and Opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only;

(3) Game Zone 3: Rabbit: with weapons from Thanksgiving Day through March first; no closed season on hunting rabbits without weapons;

Squirrel: Thanksgiving Day through February fifteenth; between September fifteenth and Thanksgiving Day

squirrels may be hunted without dogs;

Fox: year round but no weapons may be used from January second to August fifteenth;

Raccoon and Opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;

(4) Game Zone 4: Rabbit: no closed season for hunting without weapons outside wildlife management area hunt unit boundaries; Thanksgiving Day through February fifteenth with weapons and dogs;

Squirrel: October first through Thanksgiving Day with weapons and without dogs and Thanksgiving Day through February fifteenth with dogs and weapons;

Fox: year round but no weapons may be used from February fifteenth to August fifteenth;

Raccoon and Opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only;

(5) Game Zone 5: Rabbit: September fifteenth to Thanksgiving Day without weapons and Thanksgiving Day through March first with weapons and dogs;

Squirrel: September fifteenth to Thanksgiving Day without dogs and Thanksgiving Day through March first with weapons and dogs;

Fox: year round but no weapons may be used from January second to August fifteenth;

Raccoon and Opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;

(6) Game Zone 6: Rabbit: open year round without weapons; Thanksgiving Day through March fourteenth with weapons;

Squirrel: October fifteenth to Thanksgiving Day without dogs; Thanksgiving Day through March first with dogs and weapons;

Fox: August fifteenth through March fifteenth;

Raccoon and Opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;

Quail: Monday before Thanksgiving Day to the first Saturday in March;

(7) Game Zone 7: Rabbit: no closed season without weapons; with weapons from Thanksgiving Day through March first;

Squirrel: October first through March first;

Fox: year round but no weapons may be used from January second through August fifteenth;

Raccoon and Opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;

Mink: September fifteenth through March first;

Muskrat: September fifteenth through March first;

Otter: September fifteenth through March first;

(8) Game Zone 8: Rabbit: September fifteenth to Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons and dogs;

Squirrel: September fifteenth to Thanksgiving Day without dogs; Thanksgiving Day through February fifteenth with weapons and dogs;

Fox: year round but no weapons may be used from January second to August fifteenth;

Raccoon and Opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;

(9) Game Zone 9: Rabbit: year round without weapons; Thanksgiving Day through March first with weapons and dogs;

Squirrel: without dogs from September fifteenth to Thanksgiving Day; Thanksgiving Day through March first with weapons and dogs;

Quail: from Thanksgiving Day through the first Saturday in March;

Fox: year round without weapons; with weapons from September first through January first;

Raccoon and Opossum: September fifteenth through October fourteenth, and from March second through March fifteenth without weapons and with dogs only; October fifteenth through March first with weapons and dogs. All hunting of raccoon and opossum in Game Zone 9 must be at night. Night as used in this section is that period between official sunset one day and official sunrise the following day;

Mink: November first through March first;

Muskrat: November first through March first;

Otter: November first through March first;

Skunk: November first through March first;

(10) Game Zone 10: Rabbit: Thanksgiving Day through March first with weapons and dogs; year round without weapons;

Squirrel: October first through March first with weapons and dogs;

Fox: year round but without weapons from January second to August fifteenth;

Raccoon and Opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons, and with dogs only;

Mink: September fifteenth through March first;

Muskrat: September fifteenth through March first;

Otter: September fifteenth through March first;

(11) Game Zone 11: Rabbit: open year round without weapons; Thanksgiving Day through March fourteenth with weapons and dogs;

Squirrel: September first to Thanksgiving Day without dogs; Thanksgiving Day through March first with weapons and dogs;

Fox: year round but without weapons from January second to August fifteenth;

Raccoon and Opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;

Quail: Monday before Thanksgiving Day through March first.

All of the above season dates are to be inclusive, except as otherwise provided. It is unlawful to hunt any game animal except during the seasons provided and as specified above. Unless otherwise specified above during a small game season when weapons are allowed, dogs also may be used.

Section 50-11-130. A person hunting with firearms in Game Zone 9 from the first of May through August thirty-first of each year is guilty of a misdemeanor and, upon conviction, must be fined in an amount not to exceed one hundred dollars or imprisoned for a term not to exceed thirty days. If during any year the opening of the season for the hunting of doves is scheduled to begin prior to September first, the period during which hunting with firearms is prohibited under this section must be adjusted for that year to conform.

Section 50-11-140. When raccoons and opossums are allowed to be hunted without weapons, it is unlawful to hunt them when carrying on one's person or in one's vehicle any weapon, saw, ax, artificial calling device, or tree-climbing device.

Section 50-11-150. For purposes of this section, day means the time between one-half hour before sunrise on one day and one-half hour before sunrise on the following day. Night means the time between official sunset on one day and official sunrise on the following day. Where bag limits are specified on 'a night' basis, and there is a day season specified in Section 60-11-120 there is no limit on game taken during daylight hours. It is unlawful to exceed the bag limits as follows:

Small game bag limits:

(1) Game Zone 1: Quail - ten a day

Grouse - three a day

Rabbit - no limit

Squirrel - twelve a day

Fox - no limit

Raccoon - three a party

a night

Opossum - three a party

a night

(2) Game Zone 2: Quail - ten a day

Rabbit - five a day

Squirrel - ten a day

Fox - no limit

Raccoon - three a party

a night

Opossum - three a party

night

(3) Game Zone 3: Quail - fifteen a day

Rabbit - five a day

Squirrel - ten a day

Fox - no limit

Raccoon - no limit

Opossum - no limit

(4) Game Zone 4: Quail - fifteen a day

Rabbit - five a day

Squirrel - ten a day

Fox - no limit

Raccoon - three a party a

night

Opossum - three a party

a night

(5) Game Zone 5: Quail - ten a day

Rabbit - no limit

Squirrel - no limit

Fox - no limit

Raccoon - three a party

a day

Opossum - no limit

(6) Game Zone 6: Quail - fifteen a day

Rabbit - no limit

Squirrel - twelve a day

Fox - no limit

Raccoon - no limit

Opossum - no limit

(7) Game Zone 7: Quail - ten a day

Rabbit - no limit

Squirrel - ten a day

Fox - no limit

Raccoon - no limit

Opossum - no limit

(8) Game Zone 8: Quail - twelve a day

Rabbit - no limit

Squirrel - ten a day

Fox - no limit

Raccoon - three a party

a night

Opossum - no limit

(9) Game Zone 9: Quail - fifteen a day

Rabbit - no limit

Squirrel - ten a day

Fox - no limit

Raccoon - two a party a

night

Opossum - no limit

(10) Game Zone 10: Quail - ten a day

Rabbit - no limit

Squirrel - ten a day

Fox - no limit

Raccoon - three a party

a day

Opossum - no limit

(11) Game Zone 11: Quail - fifteen a day

Rabbit - no limit

Squirrel - twelve a day

Fox - no limit

Raccoon - no limit

Opossum - no limit.

Section 50-11-160. It is unlawful for any person to trap rabbits, except that a landlord or tenant may use not more than five rabbit boxes on lands on which he has exclusive control during the open season for rabbits as provided by law.

Section 50-11-170. Any person who buys, sells, or displays for sale in Game Zones 2 and 4 the carcasses of wild rabbits or parts of wild rabbits is guilty of a misdemeanor and must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

Section 50-11-180. The trapping or snaring of quail is prohibited except as provided for scientific or propagation purposes.

Article 3

Big Game

Section 50-11-310. The open season for taking antlered deer is:

(1) As set by the commission between the dates of October first and January first in Game Zones 1, 2, and 4. The commission may designate the sex of the deer that may be taken and may promulgate regulations for the proper control of the deer harvest in these games zones.

(2) In Game Zone 5, antlered deer may be taken from September fifteenth through January first.

(3) In Game Zone 7, by bow and arrow from September first through January first and with firearms from September fifteenth through January first.

(4) In Game Zone 8, from September fifteenth through January first.

(5) In Game Zone 9, antlered deer from August fifteenth to August thirty-first with bow and arrow only; antlered deer from September first through January first with firearms and antlerless deer from December fifteenth through January first with bow and arrow only.

(6) In Game Zone 10, from September first through January first with bow and arrow only. Antlered deer may be taken with firearms from September fifteenth through January first.

(7) Except as provided above, the season for taking antlered deer is from August fifteenth through January first.

(8) It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer.

Section 50-11-335. The bag limit on deer is as follows:

Game Zones 1, 2, and 4: As set by the commission.

Game Zone 8: Five antlered deer a season.

Game Zones 7 and 10: One antlered deer a day not to exceed five a season.

For all other game zones, there is no day or season limit on antlered deer.

Section 50-11-340. Any person convicted of hunting deer during the closed season must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days. None of the fine may be suspended.

Section 50-11-350. Any person taking, attempting to take, or having in his possession deer illegally or taking, attempting to take, or killing deer in any way prohibited by the commission in Game Zone 1, 2, or 4 and on wildlife management area lands throughout the State is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

Section 50-11-380. In Game Zone 1 it is unlawful, except during the season when the hunting of deer and bear is lawful, for any person engaged in the hunting of any game whatsoever to have in his possession any ammunition loaded with buckshot or larger shot or, while so engaged, to have in his possession a rifle, the caliber of which is greater than a caliber twenty-two, rimfire, or any rifle ammunition of a greater caliber than twenty-two.

Any person convicted of violating the provisions of this section must be imprisoned for not more than thirty days or fined not more than two hundred dollars.

Section 50-11-390. In Game Zones 1, 2, and 4 the department may declare open seasons and prescribe regulations for the legal harvest of antlerless deer as provided in Sections 50-11-310 and 50-11-350.

In Game Zones 3, 5, 6, 7, 8, 9, 10, and 11 the department may:

(1) make periodic studies of deer populations and their habitats and designate specific areas where antlerless deer harvests may be justified;

(2) declare open seasons and issue antlerless deer quota permits to landowners or lessees to provide for the legal harvest of antlerless deer. Seasons may be opened and permits must be valid only between October first and January first;

(3) close seasons and suspend or revoke the quota permit when environmental conditions or other factors warrant. Suspension of a quota permit requires the immediate return of any unused antlerless deer tags. Notice must be by certified or registered mail to the permittee at his last known address and must be conclusively presumed received five days after mailing;

(4) require that each antlerless deer lawfully killed during an open season be reported in writing to the department and that each antlerless deer lawfully killed under a quota permit must be tagged with a valid antlerless deer tag provided by the department. The tag must be permanently attached to the lower jaw of the deer immediately after it is killed and prior to it being transported;

(5) require each quota permittee to complete and file with the director an annual report of the deer harvest on his property by January fifteenth of each year;

(6) promulgate regulations for the proper control and management of antlerless deer harvests. Thirty days before proposal of such a regulation the department shall notify the legislative delegation of any county in which the control and management of the harvest of antlerless deer is to be changed by the regulation. If a majority of the legislative delegation of an affected county does not object to the proposed regulation within the thirty-day period, the department may proceed with the promulgation of the regulation; (7) any person violating any provision of this section is subject to penalties as prescribed in Section 50-11-410.

Section 50-11-400. It is unlawful for anyone in this State to have in his possession any deer with the head detached when the person is in transit from any woods, swamps, fields, or roads. Any person convicted of transporting a deer with the head detached must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

Section 50-11-410. For purposes of this chapter, antlerless deer means a female (doe) deer, a male (buck) deer not exhibiting two inch antlers visible above the natural hairline, or a male (buck) deer that has shed, broken, or otherwise lost its antlers. In South Carolina, it is unlawful to hunt, kill, take, or possess any antlerless deer on any property unless an open season has been declared on that property or an antlerless deer quota permit has been issued for the legal harvest of antlerless deer on that specific property. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

Section 50-11-420. Any person in whose possession recently killed venison or fresh deerskin is found during the closed season for hunting deer in that game zone by law is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for not more than thirty days.

Section 50-11-430. It is unlawful to kill any bear except during open season which may be set by the department. Permits may be issued by the department for the killing of nuisance bears by the department. There is no charge for the issuance of these permits.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than two hundred dollars nor less than fifty dollars or be imprisoned for not more than thirty days.

Section 50-11-440. It is unlawful to use any type bait to concentrate the bear population in any area or to lure them to any location which gives the hunter an unnatural advantage when he is hunting bear.

Section 50-11-500. (1) It is unlawful for any person to rob any wild turkey nest or own, possess, control, sell, or otherwise dispose of wild turkey eggs unless the possession of the eggs is authorized by permit issued by the department under the provisions of Section 50-11-1180.

(2) It is unlawful for any person to trap or snare any wild turkey or to hunt or shoot a wild turkey at any time from any natural or artificial blind or hiding place when the turkey is lured by bait. This does not apply to mechanical feeders when used in a planned conservation and management program approved by the department.

(3) It is unlawful for any person to hunt, kill, or possess female wild turkeys unlawfully killed at any time unless the commission sets special open seasons for their taking under the

provisions of Sections 50-11-520, 50-11-530, and 50-11-540.

(4) It is unlawful for any person to buy, sell, offer for sale, barter, or have in possession for sale any wild turkeys.

(5) It is unlawful for any person to release in the wild any pen-raised wild turkey unless that person is granted a permit to do so by the department. These permits are made after the department has caused a thorough study of the area on which pen-raised turkeys are to be released. The release of these turkeys is to take place under the supervision of department personnel. No pen-raised turkey may be released for any purpose unless they have been examined for parasites or disease and the release approved by the department not less than thirty days before the date of their release.

(6) It is unlawful for any person to buy, sell, offer for sale, barter or have in possession for sale any pen-raised wild turkeys or domestic turkeys for purposes of release in the wild. The department may authorize pen-raised wild turkeys to be released under permit on licensed privately owned shooting preserves if the wild turkeys are designated as legal shooting preserve game by the department, if they have been examined for parasites or disease, and the release approved by the department not less than thirty days before the date of their release. The taking of wild turkey on licensed shooting preserves is governed by Article 21 of this chapter.

(7) It is unlawful for any person to sell or give away pen-raised wild turkeys which are authorized to be released on licensed shooting preserves without the written consent of the department.

(8) It is unlawful for any person to shoot any wild turkey on its roost between thirty minutes after official sunset and thirty minutes before official sunrise.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days except, upon conviction, any person unlawfully buying, selling, offering for sale, bartering, or having in possession any wild turkey or wild turkey eggs must be fined twenty-five dollars for each wild turkey or egg bought, sold, offered for sale, bartered, or possessed for sale or unlawfully possessed. Each day's violation constitutes a separate offense.

(9) It is unlawful for any person to possess pen-raised wild turkeys without a possession permit issued by the department.

Section 50-11-520. The department may make special studies in all game zones of this State which have been restocked with wild turkeys and, after such studies the commission may declare open or closed seasons of such duration as it considers advisable for the taking of turkeys in areas concerned. However, in Game Zones 6 and 11, the open and closed seasons for the taking of wild turkey are as provided in Section 50-11-560 except in those areas under restocking agreements with the department.

Section 50-11-530. The commission may, at its discretion, prescribe methods by which turkeys may be taken in each game zone and may fix the specific areas of the zones in which turkeys have become numerous enough to be harvested. The commission may designate the sex of the turkeys that may be taken and may prescribe any other regulations considered necessary and expedient for the proper control of the harvesting of turkeys in the zones. The bag limit for turkeys in Game Zones 6 and 11 is not more than two male turkeys a day and not more than five male turkeys a season.

Section 50-11-540. Any person taking, attempting to take, or having in his possession turkey illegally or taking, attempting to take, or killing turkey in any way not prescribed by the commission is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for not more than thirty days. Every vehicle, boat, animal, firearm, or other equipment used in hunting turkeys in violation of Sections 50-11-520 and 50-11-530 or in the possession of persons convicted of violations at the time of the violations is forfeited to the State and may be confiscated by any peace officer who shall deliver the items to the department.

For purposes of this section, a conviction for unlawfully hunting turkeys is conclusive as against any convicted owner of the above mentioned property.

In all other instances forfeiture is accomplished by the initiation by the State of an action in the circuit court in the county in which the property was seized giving notice to owners of record and lienholders of record or other persons having claimed an interest in the property subject to forfeiture and an opportunity to appear and show, if they can, why the property should not be forfeited and disposed of as provided for by this section. Failure of any person claiming an interest in the property to appear at the above proceeding after having been given notice of the proceeding constitutes a waiver of his claim and the property is forfeited immediately to the State.

Notice of the above proceedings is accomplished by: (a) personal service of the owner of record or lienholder of record by certified copy of the petition or notice of hearing or (b) in the case of property for which there is no owner or lienholder of record, publication of notice in a newspaper of local circulation in the county where the property was seized for at least two successive weeks before the hearing.

Property constituted forfeited property by this section must be sold under the same procedure prescribed in Section 50-11-740.

Section 50-11-550. It is unlawful between the dates of February sixteenth and Thanksgiving Day for any person to discharge any weapon, other than a shotgun, within one-fourth of a mile of the backwaters of the Catawba River and its tributaries up to the point and including all waters impounded by the India Hook Dam.

Section 50-11-560. In Game Zones 6 and 11 male wild turkeys, gobblers, may be hunted from March fifteenth to May first, inclusive; but landowners of ten thousand acres or more may have an option of choosing the hunting season provided herein or a hunting season which extends from the day before Thanksgiving to March fifteenth of each year. If they elect the option of the season extending from the day before Thanksgiving to March fifteenth, hunting on such lands during such season is lawful upon the filing of a notarized statement of the election with the executive director of the department at least ten days prior to the opening of the season.

Article 4

Night Hunting, Harassment of Wildlife,

Trespass Offenses

Section 50-11-700. The use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful after 11:00 p.m.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

Section 50-11-710. There may be no night hunting in this State except for raccoons, opossums, foxes, mink, and skunk; and these may not be hunted with artificial lights except when treed or cornered with dogs, or with buckshot or any shot larger than a number four, or any rifle ammunition of a greater caliber than a twenty-two.

For the purposes of this section, 'night' means that time between one hour after official sundown of a day and one hour before official sunrise of the following day.

Any person violating the provisions of this section, upon conviction, must be fined for the first offense not more than one thousand dollars or be imprisoned for not more than one year, or both; for the second offense within two years from the date of conviction for the first offense, not more than two thousand dollars nor less than four hundred dollars or be imprisoned for not more than one year nor for less than ninety days, or both; for a third offense within two years of the date of conviction for the second offense, not more than three thousand dollars nor less than five hundred dollars or be imprisoned for not more than one year nor for less than one hundred twenty days, or both. Any person convicted under this section after more than two years have elapsed since his last conviction must be sentenced as for a first offense.

In addition to any other penalty, any person convicted for a second or subsequent offense under this section within three years of the date of conviction for a first offense shall have his privilege to hunt in this State suspended for two years. No hunting license may be issued to an individual while his privilege is suspended, and any license mistakenly issued is invalid. The penalty for hunting in this State during the suspension, upon conviction, is imprisonment for not more than one year nor for less than ninety days.

The provisions of this section may not be construed to prevent any owner of property from protecting the property from destruction by wild game as provided by law.

Section 50-11-720. Notwithstanding the provisions of Section 50-11-710, any person convicted of the crime of night hunting for deer or bear must (1) for a first offense be fined not more than two thousand five hundred dollars or imprisoned as provided in Section 50-11-710; (2) for a second offense within two years of the first conviction be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned as provided for a first offense; (3) for a third or subsequent offense within two years of a conviction for a second or subsequent offense be fined not less than six hundred dollars nor more than three thousand dollars or imprisoned as provided for a first offense.

Section 50-11-730. It is unlawful for any person to hunt, shoot, or in any way kill deer from a motorboat, raft, or other water conveyance or to molest deer while any part of the deer is in the water. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not less than thirty days nor more than ninety days or be fined not less than one hundred dollars nor more than five hundred dollars.

'Hunting', as used in this section in reference to a vehicle, boat, or device, includes the transportation of a hunter to or from the place of hunting in violation of this section, or the transportation of the carcass of a deer, or any part of a deer, which has been unlawfully hunted or killed in violation of this section.

In addition to the penalty herein, every boat, raft, or other water conveyance, vehicle, animal, firearm, and any other device being used in the violation of this section must be confiscated and delivered to the department.

For purposes of this section, a conviction for unlawfully hunting deer from boats or other water conveyances is conclusive as against any convicted owner of the above-mentioned property.

In all other cases, the forfeiture and sale is accomplished by the procedure set forth in Section 50-11-740.

Section 50-11-740. Every vehicle, boat, animal, and firearm used in the hunting of deer or bear at night is forfeited to the State and must be confiscated by any peace officer who shall forthwith deliver it to the department.

'Hunting' as used in this section in reference to a vehicle or boat includes the transportation of a hunter to or from the place of hunting or the transportation of the carcass, or any part of the carcass, of a deer or bear which has been unlawfully killed at night.

For purposes of this section, a conviction for unlawfully hunting deer or bear at night is conclusive as against any convicted owner of the above-mentioned property.

In all other instances, forfeiture must be accomplished by the initiation by the State of an action in the circuit court in the county in which the property was seized giving notice to owners of record and lienholders of record or other persons having claimed an interest in the property subject to forfeiture and an opportunity to appear and show, if they can, why the property should not be forfeited and disposed of as provided for by this section. Failure of any person claiming an interest in the property to appear at the above proceeding after having been given notice of the proceeding constitutes a waiver of his claim and the property must be immediately forfeited to the State.

Notice of the above proceedings must be accomplished by: (a) personal service of the owner of record or lienholder of record by certified copy of the petition or notice of hearing or (b) in the case of property for which there is no owner or lienholder of record, publication of notice in a newspaper of local circulation in the county where the property was seized for at least two successive weeks before the hearing.

The director or his authorized agent shall sell any confiscated device at public auction for cash to the highest bidder in front of the county courthouse in the county where it is confiscated, after having given ten days' public notice of the sale by posting advertisement thereof on the door or bulletin board of the county courthouse or by publishing the advertisement at least once in a newspaper of general circulation in the county. Upon sale, the director shall pay over the net proceeds, after payment of the proper costs and expenses, if any, of the seizure, advertisement, and sale, including any proper expense incurred for the storage of the confiscated device, to the State Treasurer for deposit in the game protection fund. When the device is of greater value than one thousand dollars, the owner may at any time before sale redeem it by paying to the director the sum of one thousand dollars. When the device is of lesser value than one thousand dollars, the owner may at any time before sale redeem it by paying to the director the retail market value. The sums received by the director must be deposited in the game protection fund pursuant to the provisions of this section.

Section 50-11-750. It is unlawful for any person to feed or entice with food any American alligator (Alligator mississippiensis), except those persons feeding alligators maintained in protective captivity under a permit issued by the department pursuant to Section 50-15-50 for education, scientific, commercial, or recreational purposes; or department personnel, persons licensed, or otherwise authorized by the department, or county or municipal animal control personnel when relocating alligators by baiting or enticement. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in an amount not to exceed two hundred dollars or imprisoned for not more than thirty days.

Section 50-11-760. The hunting of all game from public roads and rights-of-way owned by railroads is prohibited whenever the public roads or railroad rights-of-way are adjacent to lands that are posted against trespassing or hunting. The provisions of this section do not apply to hunting by owners of the adjacent lands or by persons who have permission of the owners to hunt the adjacent lands. 'Hunting' as used in this section includes the hunting of deer by occupying stands therefor. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or be imprisoned for a period not to exceed thirty days.

Section 50-11-770. Any person who, at any time whatsoever, hunts or ranges on any lands or enters thereon, for the purpose of hunting, fishing, or trapping without the consent of the owner or manager thereof, is guilty of a misdemeanor and, upon conviction, for a first offense, must be fined not more than two hundred dollars or imprisoned for not more than thirty days; for a second offense, be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days; and, for a third or subsequent offense, be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than six months or both. A first or second offense prosecution resulting in a conviction must be reported by the magistrate or city recorder hearing the case to the communications and records division of the South Carolina Law Enforcement Division which shall keep a record of the conviction so that any law enforcement agency may inquire into whether or not a defendant has a prior record. Only those offenses which occurred within a period of ten years, including and immediately preceding the date of the last offense, constitute prior offenses within the meaning of this section.

Section 50-11-780. No dog is required to be constrained by a leash while it is actually engaged in hunting game and under supervision. As used in this section 'supervision' means that the owner of the dog or his designee is either in the vicinity of the dog or in the process of trying to retrieve the dog.

Article 5

Nongame Birds and Animals, Sanctuaries

Section 50-11-810. All species of game birds for which the legislature has not provided a specific open season are protected and may not be shot, trapped, destroyed, or attempted to be shot, trapped, or destroyed at any time. The department may prescribe an open season for the taking of exotic game birds, prescribe the method by which they may be taken, and fix the specific areas of any zone in which these exotic species may become numerous enough to be harvested. All areas not specifically open to hunting are closed to hunting. The department may designate the sex that may be taken and may prescribe any other regulations that may be considered wise and expedient for the harvest of these new game birds. Any person taking, attempting to take, or having in his possession these exotic game birds illegally or taking, attempting to take, or killing these exotic game birds in any way not prescribed by the department is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for not less than fifteen days nor more than thirty days. The provisions of this section are applicable to ruffed grouse.

Section 50-11-820. No person within the State may kill, catch, or have in his possession, living or dead, any resident or migratory wild bird, other than a game bird, or purchase or offer or expose for sale any wild nongame bird after it has been killed or caught, except as permitted by Section 50-11-1180.

Section 50-11-830. No part of the plumage, skin, or body of any bird protected by Section 50-11-820 may be sold or had in possession for sale whether the bird was captured or killed within or without the State.

Section 50-11-840. No person may take or destroy, or attempt to take or destroy, the nest or the eggs of any wild bird or have such nest or eggs in his possession, except as permitted in Section 50-11-1180.

Section 50-11-850. It is unlawful for any person or any firm or corporation acting as a common carrier, its officers, agents, or servants to ship, carry, take, or transport, either within or beyond the confines of the State, any resident or migratory wild nongame bird, except as permitted by Section 50-11-1180.

Section 50-11-851. The shooting, killing, or maiming of an Antwerp or homing pigeon, commonly known as a 'carrier pigeon', is prohibited. Any person violating the provisions of this section is guilty of a misdemeanor and must be punished by a fine not exceeding ten dollars or imprisonment not exceeding ten days.

Section 50-11-852. It is unlawful for any person to molest or kill any of the birds of prey within this State. Birds of prey include all hawks, eagles, falcons, kites, vultures, owls, and ospreys. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than a hundred dollars or imprisoned for not more than thirty days.

Section 50-11-853. No person, except the owner, shall catch, kill, capture, or detain a homing, racing, or carrier pigeon which at the time of its capture or detention has the name or initials of its owner, its number, or another mark designating it as a homing, racing, or carrier pigeon. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

Section 50-11-860. The department, without any costs whatsoever to the State, shall designate and establish sanctuaries where game, birds, and animals may breed unmolested, if any landowner enters into an agreement with the director to set aside and turn over to the State for that purpose a certain number of acres of land. There may be no hunting or trespassing upon these lands so designated as a sanctuary by anyone for five years from the date of the agreement. The director may post those lands so designated as a sanctuary in the name of the State and prosecute any persons hunting or trespassing on the lands. Any agreement entered into under authority given in this section may be terminated at any time by the landowner and the department.

Section 50-11-870. The following areas are declared to be bird sanctuaries:

(1) Port Royal Plantation on Hilton Head Island, Beaufort County;

(2) Highlands of Otranto Subdivision in Berkeley County;

(3) the Town of Bonneau in Berkeley County;

(4) St. James Estates, Spring Hill, Devonshire, Raintree, and Harbor Lakes Subdivisions in Berkeley County;

(5) the Subdivision of Clear View on James Island, Charleston County;

(6) James Island water district in Charleston County;

(7) the Subdivision of Lee - Jackson - McCalls Corner on James Island, Charleston County;

(8) St. Phillips Parish, St. Michaels Parish, and North Charleston Public Service District, Charleston County;

(9) Melrose, Longbranch, and Shaftesbury Subdivisions in Charleston County as bounded on the south by Highway 17, on the west by Long Branch Creek, on the north by Magwood property line, and on the east by the property line of Castlewood Subdivision;

(10) Forest Lakes Subdivision located in the City and County of Charleston;

(11) Winnsboro Mills in Fairfield County bounded on the north by the city limits of Winnsboro, on the south by the intersection of Highways 321, 34, and 215, on the west by the by-pass of Highway 321, and on the east by Golf Course Road;

(12) Avondale Forest as recorded at plat book RR page 186 and plat book BBB page 36 in the office of the Registrar of Mesne Conveyances for Greenville County;

(13) Lake Forest and Lake Forest Heights in Greenville County, bounded on the north by Edwards Road, on the east by Shannon Drive, on the south by Old Spartanburg Road, and the west by Highway 291;

(14) Botony Woods, Greenville County;

(15) Heritage Lakes in Greenville County;

(16) the City of Ocean Drive Beach, Horry County;

(17) Windy Hill Beach, Horry County;

(18) Briarcliff Acres in Horry County as bounded on the north by Highway 17, on the east by the Holmes property, on the south by the Atlantic Ocean, and on the west by the Patterson property;

(19) Kirkover Hills near Camden in Kershaw County;

(20) Sunnyhills Subdivision near Camden in Kershaw County;

(21) the area between the western city limits of Camden and the Seaboard Railroad tracks, Kershaw County;

(22) that area bounded by the Haile Street Extension, U.S. Highway No. 1, and Lake Shore Drive near Camden, Kershaw County;

(23) Saluda Gardens, Saluda Terrace, Westover Acres, and Saluda Hills Subdivisions in Lexington County;

(24) Town of Arcadia Lakes, Richland County;

(25) Community of Belvedere in Richland County;

(26) Deerfield Plantation, Berkeley County; River Hills Plantation, York County;

(27) City of Tega Cay, York County;

(28) the area in York County, consisting of a portion of the impounded waters of Lake Wylie in Big Allison Creek and Little Allison Creek, beginning on the shoreline of Lake Wylie at the Ebenezer Boat Landing, located at the northern extremity of Boat Shore Road, near the convergence of the stream bed of Allison Creek (at Lot 160, Section 7 in property now or formerly of Crescent Land and Timber Company) with the stream bed of the Catawba River, and extending thence northwesterly in a straight line across the impounded waters of Lake Wylie to the point on its shoreline near the easternmost extremity of Allison Creek Road, and extending thence continuously with the shoreline of Lake Wylie in a counterclockwise direction to the point of beginning, and containing approximately two square miles. That area lying on the eastern side of State Highway No. 72, embracing the Country Club Estates, the Rock Hill Country Club, the Oakdale School property, a portion of the Drennan property, and being bounded on the north by the Fewell property, on the east by the Fewell and Parrish properties, on the south by the old Mount Holly Road, and on the west and north by State Highway No. 72. It is unlawful to use shotguns, rifles, pellet guns, and BB guns within the area described in this section;

(29) the area known as the community of River Hills Plantation, Inc., in York County.

Section 50-11-880. The following areas are designated as wildlife sanctuaries:

(1) the Sea Pines Public Service District on Hilton Head Island, Beaufort County;

(2) the Highlands of Fripp Island, Beaufort County;

(3) the Goose Creek Reservoir in Berkeley County including all lands lying within one-half mile of the shoreline of the reservoir;

(4) Lawton Bluff Subdivision and Lawton Plantation in Charleston County;

(5) Hobcaw Point Subdivision in the City of Mt. Pleasant, County of Charleston;

(6) Prestwood Lake Area, Darlington County, which includes Prestwood Lake and that area around the lake contained in a radius of three-fourths of a mile from the shore of the lake and bounded on the east by Sonoco Dam and on the west by a line running in a southerly direction across Black Creek from the New Sonoco Clubhouse;

(7) that area in Florence County known as Forest Lake bordered on the north by South Cashua Road and Highway 76, on the west by secondary road 106, on the south by Savannah Grove Road, on the east by Knollwood Road, and that portion of the lake east of Knollwood Road and that upland extending one hundred yards from the shore of the lake;

(8) Lake Oakdale in Florence County bordered on the north by the secondary road known as Stralton Drive, on the west by Pelican Lane and West Lake Oakdale Drive, on the south by Shearton Road until it intersects with Seaboard Coastline Railroad tracks, and on the east by West Lake Drive and Pine Needles Road;

(9) Pelham Estates I, II, and III, Stratton Place, and Watson's Orchard in Greenville County;

(10) that portion of McCormick County between Little River and the Savannah River lying south of Highway 378;

(11) Quail Run in York County.

It is unlawful to discharge any firearm including, but not limited to, BB guns and pellet rifles or to attempt to take or kill any wildlife within any of the above-described areas by any means.

If the department determines that, due to size, disease, or other extraordinary factors, a particular population of a species located in, on, or around a sanctuary described above constitutes a threat to the health, safety, and welfare of the public or to itself, or other species in, on, or around the sanctuary, it may authorize the taking of a sufficient number of species to reduce or eliminate the threat. The wildlife must be taken by department personnel or other persons acting under their supervision and the authorization for the taking limits the number of animals taken and the days, times, and methods to be used.

Section 50-11-890. The following areas are designated bird and squirrel sanctuaries:

(1) Bayview Acres in Charleston County;

(2) all that area of the subdivision of Drayton on Ashley in Charleston County bounded as follows on the south by the Seaboard Coastline Railroad, on the east by the Ashley River, on the north at the corner of Highway 61, and the Seaboard Coastline Railroad for 2,585 feet bearing south 49 degrees 50'W., and on the west by Highway 61.

Section 50-11-900. The following areas are declared to be nongame bird sanctuaries:

(1) the Hannahan Public Service District located in Berkeley County;

(2) St. Andrews Parish in Charleston County.

Section 50-11-910. The land owned or managed by the National Audubon Society, Incorporated, in Berkeley and Dorchester Counties, known as the Francis Beidler Forest, is declared to be a sanctuary for the protection of game, birds, and other animals. There may be no hunting, fishing, or trespassing in the sanctuary. Fishing may be permitted by written authorization from the management of the Francis Beidler Forest only.

The management of the Francis Beidler Forest shall post along the outer boundaries of the land and mouths of all streams and creeks entering into the Francis Beidler Forest signs notifying the public that the area is a sanctuary and is closed to hunting and fishing except as authorized.

No flowers, shrubs, trees, or other plants may be damaged or removed from the park without permission from the management.

Any person convicted of violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars, or imprisoned for not more than thirty days.

Section 50-11-920. The land owned or leased to Kershaw County to be used as a county park and streams or creeks entering into the lands are declared to be a sanctuary for the protection of game, birds, and animals. There may be no hunting, trapping, fishing, or trespassing thereon. Fishing is permitted by persons obtaining fishing permits from the management of the Kershaw County Park. Fishing is not permitted in the swimming area or when water in the lake is low for repairs.

The management of the Kershaw County Park shall post along the outer boundaries of the land and mouths of all streams and creeks entering into the Kershaw County Park signs notifying the public that the area is a sanctuary and closed to hunting and fishing except as authorized.

No flowers, shrubs, trees, or plants may be removed from the park without permission from the management.

No alcoholic beverages or persons under the influence of alcohol are permitted in the Kershaw County Park.

Dogs must be on a leash, except those used in the Field Trial Club events.

The Kershaw County Park may not be used as a dumping place for trash, garbage, or other refuse.

A part of the Kershaw County Park, about four hundred twenty-one acres, east of Pine Tree Creek, north of Burkett Branch, south of the land owned by Bowater Co. and T. L. Myers, and west of land owned by Bowater Co., and Bud Smith may be used by the Mid-Carolina Field Trial Clubs. The maintenance and development of these grounds into field trial grounds is under the supervision of the Mid-Carolina Field Trial Club. The club shall pay the costs of developing and maintaining the grounds. All clubs sponsoring trials on the grounds shall obtain permission from the commission before a trial is held. Field trial dogs are permitted to exercise and train on the grounds during field trial seasons only when a trial is not in progress. Trapping of released birds is permitted by clubs for use in future trials only. Only blank ammunition may be used on trial areas. The superintendent of Kershaw County Park shall maintain jurisdiction over game law enforcement and security of this area.

Any person convicted of violating the provisions of this section is guilty of a misdemeanor and is subject to a fine of not more than two hundred dollars or imprisonment for a period not exceeding thirty days, or both.

Section 50-11-930. It is unlawful for any person to trap, hunt, or molest in any manner any species of duck or geese, or to molest any duck or goose nest, on any water or tideland owned by the State within the following boundary:

Beginning at the westernmost tip of the Isle of Palms at the base of the bridge across Breach Inlet and running a course of 343 degrees true to a unnamed marsh island; thence following the low-water mark of the unnamed island in a northeasterly direction to the Intracoastal Waterway; thence across the Intracoastal Waterway to the north bank of the intersection of Swinton Creek and the Intracoastal Waterway; thence in a northeasternly direction along the bank of the Intracoastal Waterway to Hamlin Creek; thence 300 yards up the west bank of Hamlin Creek; thence across to the east bank of Hamlin Creek and following the creek bank to the westernmost tip of Goat Island at the Intracoastal Waterway; thence running in a northeasternly direction along the high-water mark of Goat Island to a point at latitude 32 degrees 48.5'N. and longitude 79 degrees 45.5'W.; thence running a course of 151 degrees true across the Intracoastal Waterway to the high-water mark of the Isle of Palms; and, thence following the high-water mark of the Isle of Palms to the westernmost tip of the island at the base of the bridge across Breach Inlet.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than two hundred dollars or by imprisonment for not more than thirty days.

Section 50-11-940. The property of The Belle W. Baruch Foundation in Georgetown County, other than those areas whose surface is at or below mean high tide, is designated as a bird and game refuge, and it is unlawful for any person to trap, hunt, molest, or attempt to molest in any manner any bird, wild fowl, or game, including wild hogs, within the refuge, or to trespass in any manner upon the property of the Belle W. Baruch Foundation for that purpose. Any education and research activities conducted by the University of South Carolina or Clemson University, or under the supervision of the University of South Carolina or Clemson University is not unlawful.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or be imprisoned for not more than six months, or both.

Section 50-11-950. The lands owned by Brookgreen Gardens, as an eleemosynary corporation for southeastern flora and fauna, in Georgetown County and all streams, creeks, and waters, fresh, salt or mixed, entering into the lands are established as a sanctuary for the protection of game, other birds, and animals, and any hunting, shooting, fishing, or trespassing on the lands or waters is prohibited, except such hunting and shooting as may be carried on by permission of the trustees of Brookgreen Gardens, granted at an annual meeting of the trustees. Permission for hunting and shooting is not granted by the trustees unless it is apparent to them that there is an excess of deer or other game which may cause damage to the gardens or other property owned by the trustees. The public is allowed to fish in the Atlantic Ocean from the beaches of the area and in the saltwater creeks entering into it, under such regulations as may be promulgated by the Department of Parks, Recreation and Tourism having due regard for the safety of bathers and convenience of other users of the park. The trustees of the Brookgreen Gardens Corporation or the State Commission of Forestry shall post signs along the outer boundaries of the land and at the mouths of all streams and creeks notifying the public that the area is a sanctuary and closed to hunting and fishing, except as authorized by the terms of this section.

Nothing herein abridges or curtails the rights of the department to control and permit the oyster bottoms in the area under its jurisdiction.

Any person convicted of violating the provisions of this section is guilty of a misdemeanor and subject to a fine of not less than twenty-five dollars nor more than one hundred dollars or imprisonment for not exceeding thirty days.

Section 50-11-960. The following area is designated as the Paris Mountain Wildlife Sanctuary:

Beginning on Poinsett Highway (U.S. 25 North) at its intersection with Little Texas Road and following Little Texas Road to Roe Road and thence along Roe Road to a point opposite the northwestern boundary of Paris Mountain State Park and continuing with the western and southern boundaries of said Park to State Park Road; thence continuing south on State Park Road and Paris Mountain Road to Timber Lane; thence west on Timber Lane to Tryon Avenue; thence southwest on Tryon Avenue to Crestwood Road; thence north and west on Crestwood Road to Manley Drive and continuing generally west on Manley Drive, Dreamland Way, and Jervey Road to North Parker Road; thence generally north along North Parker Road to Phillips Trail and then along Phillips Trail to the intersection with Pistol Club Road; thence along Pistol Club Road to Pilot Road; thence generally north on Pilot Road to Club View Drive and on Club View Drive to the intersection of Old Buncombe Road; thence north on Old Buncombe Road to Poinsett Highway and from there to the beginning point at its intersection with Little Texas Road.

Any person killing or maiming any bird or animal within the sanctuary is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days. Any person who kills squirrels on his own property is not subject to the provisions of this section.

Section 50-11-970. The area in Richland County consisting of the lands and waters owned by the Lake Dogwood Corporation is designated a waterfowl sanctuary. It is unlawful for any person to trap, hunt, or molest in any manner any species of duck or goose, or to molest any duck or goose nest in the refuge. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or be imprisoned for not more than thirty days.

Section 50-11-980. The lands and waters in Charleston Harbor and its adjacent estuarine system in Charleston County lying within the following boundaries are designated a wildlife sanctuary:

The area in Charleston County beginning at the foot of Station 221/2 Street on Sullivan's Island, thence on a line north following Ben Sawyer Boulevard (Highway 703) into Mt. Pleasant to a point just south of Center Street where the marsh of the upper reaches of Jeanette Creek meets highland, thence turning 230 degrees southwest following a line to Pitt Street in Mt. Pleasant, thence turning northwest following Pitt Street to its intersection with Live Oak Avenue, thence northeast to Coleman Boulevard, thence following Coleman Boulevard across Shem Creek and continuing on a line 310 degrees northwest to the eastern range marker for the Drum Island Channel Range just south of Remley's Point, thence continuing northwest on the Drum Island Reach for approximately six thousand eighty feet, thence due west on a line across the Charleston peninsula for approximately seven thousand nine hundred sixty-six feet, thence turning 330 degrees northwest and continuing for approximately nine thousand six hundred forty-three feet along the east side of the Ashley River, thence turning 330 degrees northwest and continuing on a line for approximately five thousand eight hundred seventy feet, thence turning 240 degrees and continuing for approximately four thousand one hundred ninety-three feet, thence turning 134 degrees southeast and continuing approximately nine thousand six hundred forty-three feet to a point on the west bank of the Ashley River just south of the WTMA radio tower, thence turning 200 degrees south and continuing for approximately three thousand three hundred fifty-four feet along the west bank of the Ashley River, thence turning south 170 degrees for approximately three thousand seven hundred seventy-three feet, thence turning northwest 310 degrees and continuing for approximately four thousand one hundred ninety-three feet, thence turning south 190 degrees and continuing approximately five thousand thirty-one feet, thence returning east 105 degrees and continuing for approximately three thousand seven hundred seventy-three feet, thence turning south again 190 degrees and continuing for approximately two thousand five hundred sixteen feet to its intersection with Highway 61, thence turning southeast 120 degrees and continuing approximately nineteen thousand sixty-two feet to the north bank of Wappoo Creek, thence turning south 200 degrees and continuing approximately two thousand nine hundred thirty-five feet, thence turning southeast 144 degrees and continuing for approximately two thousand nine hundred thirty-five feet to a point just south of Harborview Road, thence turning east-southeast 100 degrees and continuing for approximately one thousand two hundred fifty-eight feet, thence turning southeast 130 degrees and continuing approximately one thousand six hundred seventy-seven feet, thence turning east 100 degrees and continuing for approximately four thousand one hundred ninety-three feet, thence turning northeast 30 degrees and continuing for approximately two thousand ninety-six feet, thence turning east 80 degrees and continuing for approximately one thousand two hundred fifty-eight feet, thence turning southeast 120 degrees and continuing for approximately one thousand two hundred fifty-eight feet, thence turning south 200 degrees and continuing approximately one thousand six hundred seventy-seven feet to the head of Kushiwah Creek, thence turning east-southeast 110 degrees and continuing approximately four thousand one hundred ninety-three feet, thence turning northeast 30 degrees and continuing for approximately eight hundred thirty-nine feet, thence turning northwest 320 degrees and continuing for approximately two thousand five hundred sixteen feet, thence turning north 20 degrees and continuing approximately six hundred twenty-nine feet, thence turning east-southeast 110 degrees and continuing for approximately two thousand nine hundred thirty-five feet, thence returning due north and continuing for approximately one thousand two hundred fifty-eight feet, thence turning due east and continuing for approximately three thousand seven hundred seventy-three feet along the southern edge of Charleston Harbor, thence turning northeast 60 degrees and continuing for approximately one thousand two hundred fifty-eight feet to the point at Fort Johnson, thence turning due south and continuing approximately nine thousand two hundred twenty-four feet to a point on the west bank of Schooper (Schooner) Creek, thence turning due east and continuing for approximately six thousand seven hundred eight feet across Morris Island along the dike on the north end of the spoil area, thence turning northeast 50 degrees and continuing approximately sixteen thousand three hundred fifty-one feet across the mouth of Charleston Harbor to the point of beginning on Sullivan's Island.

It is unlawful for any person to hunt, trap, molest, or to attempt to take or molest in any manner, any wild bird, bird egg, or mammal within the sanctuary. The South Carolina Wildlife and Marine Resources Department, its duly authorized agents, or persons with written permits issued by the department may engage in predator control, bird banding, and other scientific activities including the collection

of specimens for scientific purposes intended to enhance, maintain, or further our understanding of wildlife populations within the sanctuary.

The department shall post the general outline of the sanctuary and during the nesting season shall conspicuously post bird nesting areas. Posting of bird nesting areas constitutes public notice that the areas are closed to entry. The term 'molest' as used in this section includes, but is not limited to, walking upon posted lands or allowing pets to roam upon them. It is also unlawful for any person to remove or tamper with signs posted by the department pursuant to this section.

Nothing herein shall preclude the normal operations of the marine terminals and other facilities of the South Carolina State Ports Authority, or the dredging and disposal operations by the U.S. Army Corps of Engineers, South Carolina State Ports Authority, or their agents or contractors, or the normal shipping and maritime activities in the Port of Charleston.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than ninety days, or both.

Section 50-11-990. Anyone hunting or trespassing upon any land designated as a sanctuary under the provisions of this article must be fined for each offense not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

Article 6

Special Depredation Permits, Collection

Permits, Closing Seasons, Special Seasons

Section 50-11-1050. Where wildlife is destroying property, the department, upon the request of the property owner, may issue a permit authorizing the property owner, under the supervision of the department, to take action necessary to remove the destructive wildlife from his property.

Section 50-11-1060. Any person desiring to put out poison on lands belonging to such person for the purpose of poisoning predatory animals shall first obtain a permit from the department and publish the dates the poison will be put out and describe the areas where it will be placed by one notice in a newspaper published in the county in which the lands are situate. Poison may not be put out on lands in this State otherwise. Any person violating the provisions of this section is guilty of a misdemeanor and is subject to a fine of not less than twenty-five dollars nor more than one hundred dollars or imprisonment of not less than ten days nor more than thirty days.

Section 50-11-1070. Bobcats may be killed by officers of the law and by landowners upon their holdings without license at any time.

Section 50-11-1080. Whenever it appears that coyotes are destroying birds, poultry, pigs, lambs, or other property in any county in this State or there is an apparent epidemic of rabies in any county, the department, upon the written request of a majority of the legislative delegation of any such county, shall declare an open season on coyotes, with the use of firearms, in the county suffering from the destruction and for such time as the delegation may consider desirable.

Section 50-11-1090. The department has the authority during any season of the year to permit the taking of any game animal and prescribe the method by which they may be taken when they become so numerous that they cause excessive damage to crops and property. Any animal taken under these conditions is under the supervision of the department. Any deer killed under these conditions must be given to eleemosynary institutions.

Section 50-11-1105. The department may declare a closed season for not over ten days at any one time in any area in the State when it appears on account of abnormal conditions that deer or other game cannot protect themselves. The department shall give notice of the closed season so declared by publication in at least two daily newspapers and in a newspaper of the county or counties in which the closed season is declared if the county has a newspaper, stating the length or period of the closed season. Any person found hunting with firearms, bows and arrows, or other game-taking devices, or dog within the restricted territory during a closed season so declared is guilty of a violation of the provisions of this section, regardless of whether he has or has not killed or taken any game. The penalty for a violation of the provisions of this section is a fine of not less than one hundred dollars nor more than two hundred dollars or imprisonment for not less than thirty days.

Section 50-11-1110. When in any county of the State there exist abnormal conditions that might affect the supply of game or there is an abnormal scarcity of game, the department, upon the written request of a majority of the legislative delegation, including the Senator, from such county, may shorten or close the open season for hunting in any such county. The department shall give notice of the closed or shortened season by publication in at least two daily newspapers and in a newspaper of the county in which the closed or shortened season is declared, stating the length of the closed or shortened season. Any person found hunting with gun or dog within the restricted territory during a closed season so declared, is guilty of a violation of the provisions of this section, regardless of whether he has killed any game or not. The penalty for violation of the provisions of this section is a fine of not less than twenty-five dollars nor more than one hundred dollars or imprisonment for not less than thirty days.

Section 50-11-1120. Whenever it appears that foxes are destroying birds, poultry, pigs, lambs, or other property in any county in this State or there is an apparent epidemic of rabies in any county, the department, upon the written request of a majority of the legislative delegation of any such county, shall declare an open season on foxes, with the use of firearms, in the county suffering from the destruction and for so long as the delegation considers desirable.

Section 50-11-1130. Raccoons and squirrels may be killed by owners of property from July fifteenth to the regular open season on them if these animals are destroying crops.

Section 50-11-1140. The United States Fish and Wildlife Service may allow the hunting of antlered and antlerless deer by those holding proper hunting licenses of this State on any sea island within any federally owned or controlled game reserve, national park, or game refuge during the open season for deer hunting under the laws of this State, whenever the officials of the United States Fish and Wildlife Service determine that the deer population of the island exceeds that which can properly maintain itself on any island. The United States Fish and Wildlife Service shall notify the department, in writing, at least ten days prior to allowing such hunting, of the opening and shall also advertise it at least once in a newspaper of general circulation in the coastal area of the State at least one week before any hunting is permitted.

Section 50-11-1150. When directed by the department, its employees may trap, by the use of steel or other traps, fox, wildcat, bobcat, wolf, coyote, skunk, raccoons, and any other predatory animals on any lands owned by the State or any of its boards, commissions, officers, institutions, or agencies and on cooperative wildlife management areas within the United States Forest Service lands.

Section 50-11-1160. The employees of the United States Fish and Wildlife Service and those employees of the United States or the agencies thereof in charge of any national park, game reserve, or game refuge also have the right to trap predatory animals within the confines of such national park, game reserve, or game refuge.

Section 50-11-1170. In order to more effectively control predatory animals, the employees of the Department of Game shall cooperate with the employees of the United States and its agencies in trapping programs and may accept aid and advice from federal employees.

Section 50-11-1180. For purposes of this section:

(a) 'Take' means to harass, hunt, capture, or kill.

(b) 'Protected wildlife' means any wildlife, part, product, egg, offspring nest, dead body, or part thereof which is managed or protected or the taking of which is specifically regulated by the department.

Permits may be granted by the department to any properly accredited competent person permitting him to collect protected wildlife for strictly scientific or propagating purposes only. No permit is required for the collecting or taking of nonprotected wildlife. Applications for a permit must be made to the director of the appropriate division who shall investigate the applicant and the project or program for which the collection is to be made. The application must be accompanied by a payment of a ten-dollar fee to cover the cost of the examination and the issuing of the permit. If the department considers the applicant to be qualified and the program or project to be necessary or desirable, it shall issue a permit which expires on December thirty-first of the year in which it is issued. Permits may be renewed for one year upon application and the payment of a ten-dollar renewal fee if the department determines the applicant and the program or project is still qualified. Permits are not transferable but any student assistant working under the direct supervision of the permittee in collecting activities may participate under the permit. All collecting or taking must be conducted so as to adhere to recognized scientific methods. Wherever practicable, data, results, and specimens must be made available to the public upon request. The permittee shall submit a report at the end of the permit period of the specimens collection and of other information as may be included on the report form, which must be furnished by the department. Collecting permits for endangered species must be issued only in accordance with Section 50-15-50. The provisions of Section 50-17-70 are not superseded by the provisions of this section.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in an amount of not less than twenty-five dollars nor more than one hundred dollars or imprisoned for a term not to exceed thirty days and any permit issued to that person is revoked.

Article 7

Shooting Preserves and Pen-raised Quail

Section 50-11-1200. The department may grant operating licenses for shooting preserves which are privately owned and operated under terms and provisions as provided in this article.

Section 50-11-1210. Following approval of the preserve by the department, the license may not be issued until approved by a majority of the legislative delegation of the county where it is located.

Section 50-11-1220. The annual fee for obtaining a shooting preserve operator's license is fifty dollars for the first one hundred acres of shooting preserve area, plus five dollars for each additional one hundred acres or part thereof up to one thousand acres and one hundred dollars for each additional one thousand acres or part thereof above the first one thousand acres.

Section 50-11-1230. Each shooting preserve license issued to an operator must designate if the area is open to the public on a commercial basis or otherwise indicate that the preserve grounds are for the restricted use of a private or membership group. In the latter case, the license must list the area as a 'private shooting preserve'.

Section 50-11-1240. Shooting preserve operators shall own or lease a minimum of one hundred contiguous acres, including water areas. The preserve is restricted to not more than one thousand five hundred contiguous acres, including water areas, except that preserve operators releasing ducks only may own or lease a minimum of fifty contiguous acres, including water areas. Shooting preserves which have permits to release pen-raised turkeys are restricted to not more than ten thousand acres with a minimum of twenty turkeys released for each one thousand acres of preserve area.

Section 50-11-1250. Shooting preserve operators shall maintain a clearly defined boundary on which signs designating the area as a shooting preserve must be posted at intervals of one hundred and fifty feet or less. If mammal species are hunted, the boundary must be marked in addition to posted signs by a woven wire fenceNext at least forty-eight inches in height.

Section 50-11-1260. Hunting licenses on shooting preserves are required of state residents in accordance with regularly established game and hunting laws. Nonresidents are required to possess a regular nonresident license or a special shooting preserve license furnished by the State.

Section 50-11-1270. Legal shooting preserve game is:

(1) Bobwhite quail, pen-raised pheasants, Chukars, and such other nonnative game species designated by the department without regard to sex; and

(2) pen-raised mallards and black ducks, more than two generations removed from the wild and in conformance with the United States Fish and Wildlife Service regulations.

The department may designate as legal shooting preserve game other types and species of game other than those specified in items (1) and (2) of this section which may be suitable for preserve hunting.

Section 50-11-1280. It is illegal to shoot pen-raised ducks in Game Zones 7 and 9.

Section 50-11-1290. The shooting season is a consecutive six-month period, beginning October first and ending the following April first.

The department may grant permission for the year round hunting of nonnative species of game on any particular shooting preserve if he feels that it will not result in harm to the surrounding game and nongame species.

Section 50-11-1300. There is no bag limit on species designated as shooting preserve species, except that bag limits for native game birds (excluding bobwhite quail) or game animals on preserves must not exceed the daily or season bag limit prescribed by law.

Section 50-11-1310. Shooting preserve operators shall release within the preserve area during the established preserve season a minimum of one hundred of each species to be hunted, with the exception of experimental releases made under special permit which may be granted at the discretion of the department.

Section 50-11-1320. All waterfowl for shooting must be banded before releasing.

Section 50-11-1330. All harvested game must be tagged prior to removal from a shooting preserve and the tags must remain affixed until the game is prepared for consumption. If species of game

are packaged in bundles one tag is sufficient for the bundle, but the number of bobwhite quail in the bundle must be recorded on the tag.

Section 50-11-1340. The department shall furnish no game for the stocking of any preserve provided for by this article.

Section 50-11-1350. A licensed shooting preserve operator who releases pen-raised quail for hunting or dog training purposes may apply to the department for a permit to operate a quail call pen trap for the purpose of recovering any quail that are not killed.

Section 50-11-1360. All animals held in captivity at a private wildlife preserve must be confined in cages constructed of such material and be of a strength appropriate for the animal involved. The cage facility must be structurally sound and must be maintained in good repair to protect the animals from injury and to minimize the possibility of escape or to prevent entrance by other animals.

Section 50-11-1370. Proper care must be given to all penned animals to assure:

(1) clean water is provided as necessary;

(2) food is wholesome, palatable, and free from contamination;

(3) animals are provided adequate cover and bedding to assure the safety of the animals during adverse environmental conditions;

(4) excreta are removed from cages or enclosures as often as necessary to prevent contamination of the animals;

(5) an effective program for the control of insects, ectoparasites, and avian and mammalian pests is established and maintained;

(6) animals with a propensity to fight or which are otherwise incompatible are kept segregated.

Section 50-11-1380. Vehicles used in transporting animals must be mechanically sound and equipped to provide adequate fresh air, both when moving and stationary, without injurious drafts or discomfort, to all animals being transported.

Section 50-11-1390. Each shooting preserve operator shall maintain a registration book listing names, addresses, and hunting license numbers of all hunters, the dates on which they hunted, and the amount of game and species harvested. Tag numbers must be affixed to each carcass or container. The operator shall maintain a record of the number of each species of game raised or purchased and the number released and other records which the department may designate. The records may be inspected by an authorized member of the department or such person as it may designate or employ at any time. Operators shall furnish the department a copy of the records within sixty days after the end of the hunting season on the preserve.

Section 50-11-1400. The manager, owner, or licensee of any shooting preserve provided for in this article is responsible for any violation of this article on the preserve and for any violation is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than fifty dollars nor more than one hundred dollars or imprisoned for not less than fifteen days nor more than thirty days and have his license revoked, within the discretion of the department. The preserve may not be eligible for another license during that calendar year, nor thereafter, except on such terms and conditions as may be prescribed by the department.

Section 50-11-1410. The operation of a shooting preserve as provided for in this article without a license is a misdemeanor and, upon conviction, the operator must be fined not less than two hundred dollars nor more than five hundred dollars or be imprisoned not less than thirty days nor more than six months.

Section 50-11-1420. A 'pen-raised quail' is one which has been hatched from an egg laid by a quail and subsequently wholly raised and confined in a pen or coop.

Section 50-11-1430. With the approval of the department, any person may engage in the business of propagating pen-raised quail for commercial purposes upon compliance with this article.

Section 50-11-1440. A commercial quail breeder's license must first be obtained from the department. The license may be purchased at any time and is good only for the calendar year in which issued. The license fee is five dollars, and each license must be numbered by the department.

Section 50-11-1450. The keeper of a hotel, restaurant, boardinghouse, or club may sell pen-raised quail for food to be consumed on the premises and is not required to hold a license therefor.

Section 50-11-1460. The department, when it has evidence that any breeder is violating the intent of this article and is not cooperating with the department in a desirable manner, may revoke the breeder's license and may refuse to issue the license and seals or tags to the breeder. Where a person has a record of game violations, the department may refuse to issue the breeder's license.

Section 50-11-1470. Any person complying with this article may sell live pen-raised quail for propagating purposes or may sell the carcasses of the pen-raised quail for any purpose, including sale for food.

Section 50-11-1480. Before being offered for sale other than alive or for propagation purposes or shipped within the State, all packages or bags of pen-raised quail carcasses must be labeled, marked, or stamped, in such a way so as to give the following information: the hatchery in which the quail is produced, its location, and address. This information must not be removed from the package or bag of quail except by the ultimate consumer. In addition, the hatchery is required to keep accurate records of all sales of pen-raised quail and to make these records available for inspection upon request by the department.

Section 50-11-1490. When any pen-raised quail is sold or shipped into this State, the shipper or seller shall furnish the department with a copy of the invoice showing the number of the quail so shipped or sold and to whom the quail was shipped or sold. Any pen-raised quail sold or shipped in violation of this section is subject to confiscation by the department.

Section 50-11-1500. All pen-raised quail offered for sale must be killed otherwise than by shooting.

Section 50-11-1510. It is unlawful to trap wild quail for the purpose of obtaining birds to be pen-raised or to obtain wild quail eggs to be pen-raised or hatched.

Section 50-11-1530. Any person violating any of the provisions of this article is guilty of a misdemeanor and, upon conviction, must be punished by a fine of two hundred dollars or thirty days' imprisonment for each offense and shall forfeit his license and tags and may not secure any additional license during that year.

Article 8

Shipping, Storage, Sale, or

Transportation of Wildlife

Section 50-11-1700. It is unlawful to keep any of the birds or animals forbidden to be sold by the terms of Sections 50-11-1910 and 50-11-1940 in cold storage or refrigerating plants, except in a private dwelling, unless the bird or animal in cold storage, or the package containing it, bears the name and address, the serial number, and the class of the hunting license of the owner of the bird or animal. Any person violating this section must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned one day for each dollar fined or unpaid, either or both.

Section 50-11-1710. It is unlawful for any transportation company to receive for shipment any of the game birds or animals of the State, except in season and unless the package containing them is so labeled as to show the consignor or consignee and the number and kind of birds or animals.

Section 50-11-1720. No person shall knowingly receive for transportation beyond the limits of this State, so transport, cause to be so transported, or have in his possession with the intent to so transport or secure transportation any partridge, grouse, wild turkey, snipe, woodcock, or other game bird or game animal which has been killed or captured in this State except as permitted by Sections 50-1-110, 50-11-1710, and 50-11-1730, and the receipt,

transportation, or possession or the causing or securing of transportation of each bird or game animal so killed or captured constitutes a separate offense. The provisions of this section do not apply to common carriers into whose possession birds or game come in the regular course of their business for transportation while they are in transit through the State from any place without the State. Nothing herein prohibits persons from having in their possession for the purpose of domestication and propagation any birds or animals.

Section 50-11-1730. It is lawful for any landowner or licensee to ship or carry beyond the limits of this State during any one week not over the bag limit for one day, as provided by law, of any domestic game birds or animals, when he has conformed to the regulations prescribed by the department under this section. Any landowner or licensee desiring to ship domestic game birds or animals beyond the limits of the State during the open season for such game birds or animals shall make application to the department, giving location of property and class and serial number of license held, and, upon the application, if it appears to the department that the shipment is for private, personal, or charitable use and not for sale of the game birds or animals, it may issue to the applicant a tag or label for use in shipping the game birds or animals. The tag or label must be of a design and in a form the department prescribes. Any person shipping or receiving for shipment beyond the limits of the State any domestic game birds or animals in violation of the provisions of this section is liable to a fine of not less than fifty dollars nor more than one hundred dollars or imprisonment for thirty days for each offense.

Section 50-11-1740. It is lawful for a person to ship during any one week not over the bag limit for two days, as provided by law, of any domestic game birds or animals to any private address in this State when he has conformed to the regulations prescribed by the department under Section 50-11-1750.

Section 50-11-1750. Any person so desiring to ship domestic game birds or animals during the open season for these game birds or animals or within five days after the closing of the season shall make application to the department and upon the application, if it appears that the shipment is for private and personal use and not for the sale of the game birds or animals, the department shall issue to the applicant a tag or label for use in shipping the game birds or animals. The label must be of a design and in a form the department prescribes.

Section 50-11-1760. It is unlawful to bring a coyote into the State in any manner, except one brought into the State and kept in captivity for exhibition purposes, or to release a coyote within the State. Any violation of this section is punishable by imprisonment for not more than one year or by a fine not exceeding five hundred dollars.

It is lawful for any person to trap or kill any coyote in this State at any time, but a permit must be obtained from the department before trapping coyotes outside the trap distance limits as prescribed in Section 50-11-2410.

Section 50-11-1770. It is lawful to sell and ship live foxes within the State.

Section 50-11-1910. It is unlawful to buy or sell, offer for sale, barter, or have in possession for sale any deer or part of a deer except the hide of legally taken deer. Hides from legally taken deer may be bought, sold, or bartered during the earliest open season for the taking of deer and for thirty calendar days following the end of the latest deer season. For a violation of this section, upon conviction, the guilty party for a first offense must be fined not less than one hundred dollars nor more than three hundred dollars or be imprisoned for not more than thirty days; for a second offense within three years of the date of conviction for a first offense, the person must be fined not less than three hundred dollars nor more than five hundred dollars or be imprisoned for not more than thirty days; for a third offense within three years of the date of conviction for a first offense, the person must be fined one thousand dollars or be imprisoned for not more than sixty days.

Section 50-11-1920. The proprietor of any eating establishment who sells or offers for sale venison is guilty of a misdemeanor and, upon conviction, must be punished as for a violation of Section 50-11-1910. The provisions of this section do not apply to private functions.

Section 50-11-1930. It is unlawful to buy or sell, expose for sale, or have in possession for sale or barter any willet or dove.

Section 50-11-1940. It is unlawful for any person to buy or barter for sale any wild quail within this State. Any person violating this section must be fined twenty-five dollars for each quail so bought or sold or imprisoned for not more than thirty days for each quail so bought or sold.

Section 50-11-1950. It is lawful for anyone to own, possess, control, sell, or otherwise dispose of pheasant eggs within this State or to sell or otherwise dispose of the eggs beyond the borders of the State, under regulations promulgated by the department.

Article 9

Field Trials

Section 50-11-2100. The department shall promulgate regulations to permit and regulate field trials during the year including the closed season.

Section 50-11-2110. In Game Zone 9 field trials may be conducted from January first through January fifteenth of each year. If a permit is required to sponsor the field trial, the permit must be issued by the department upon written request by the organized sponsoring association's designated officer.

Article 10

Wildlife Management Areas

Section 50-11-2200. It is unlawful to hunt deer on land designated as wildlife management areas within three hundred yards of a residence. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.

Section 50-11-2210. The abuse of wildlife management area land and improvements thereon is unlawful. Any person who damages or destroys wildlife management area land or improvements on them including, but not limited to, roads, vegetation, buildings, structures, or Previousfences or leaves refuse, trash, or other debris on the property or sets, makes, or builds a fire except in an area specially designated by the department or landowner as a campfire area is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars and be required to make restitution to the landowner in an amount determined by the court to be necessary to repair, rebuild, restore, or clean up the property to its condition before the abuse occurred. Any person failing to make restitution within the time limit set by the court shall serve a mandatory ten-day sentence in the county jail which may not be suspended in whole or in part. The provisions of this section are in addition to other criminal penalties.

Section 50-11-2220. Any person violating the provisions of Section 50-11-2210, in addition to the penalties prescribed, shall lose the privileges of entering onto wildlife management area land for one year. Any person convicted twice within a three-year period of a violation of Section 50-11-2210 or within the same period of time convicted twice of unlawful commercial hunting or fishing on wildlife management area lands, in addition to the penalties prescribed in Section 50-11-2210, is forever barred from obtaining a Wildlife Management Area permit and shall lose his right to hunt and fish within the State for one year. The provisions of this section are in addition to other criminal penalties.

Section 50-11-2230. Before any person may lease property to the Wildlife Management Area Program, there must be either public or private access to the property available for use by individuals hunting the property under the program during the term of the lease.

Section 50-11-2240. Hunting for deer in all Wildlife and Marine Resources Department game management areas in Game Zone 5 is subject to regulation as provided for in Game Zone 4.

Article 11

Operation Game Thief

Section 50-11-2300. There is created an Operation Game Thief Program to be funded by:

(1) monies authorized from the county game fund of the state treasury not to exceed thirty thousand dollars annually;

(2) monies received from donations to the fund, which must be used for general program purposes. The donor may not specify the purposes for which the donation must be used;

(3) monies appropriated by the General Assembly for the purposes provided in this article.

Section 50-11-2310. Funds from the Operation Game Thief Program may be expended only for the following purposes:

(1) the financing of reward payments to persons other than law enforcement officers, department personnel, and members of their immediate families responsible for information leading to the arrest of any persons for unlawfully taking, wounding or killing, possessing, transporting, or selling wildlife and attendant acts of vandalism. The Law Enforcement and Boating Advisory Board of the department and the director of the Law Enforcement and Boating Division shall establish the schedule of rewards to be paid for information received and payment must be made from funds available for this purpose;

(2) the financing of a statewide telephone reporting system under the name of 'Operation Game Thief' established under the direction of the director of the Law Enforcement and Boating Division;

(3) the promotion of public recognition and awareness of the Operation Game Thief Program.

Section 50-11-2320. The Operation Game Thief Program funds must be expended in conformity with the laws of the State, except that any monies appropriated by the General Assembly or received from donations must be used before monies from any county game fund are used. Balances remaining at the end of the fiscal year are exempt from the provisions of law relating to lapsing of appropriations.

Article 12

Trapping, Furbearing Animals, Regulation of

Dealers, Buyers, Processors, and Transporters

of Furs or Similar Products or Articles

Section 50-11-2400. In this article:

(1) 'furbearing animal' means red and gray fox, raccoon, opossum, muskrat, mink, skunk, otter, bobcat, weasel, or beaver;

(2) 'fur dealer' means any person who purchases raw or green furs, pelts, or hides for processing;

(3) 'take, or taking' means the trapping, hunting, killing, catching, capturing, or taking of any furbearing animal, including taking with the use of firearms;

(4) 'taking for commercial purposes' means the involvement of anyone possessing five or more furbearing animals;

(5) 'trapper' means a licensee under this article.

Section 50-11-2410. It is unlawful for any person to sell, make, or use a foot-hold trap or any like device within this State. This prohibition does not apply to foot-hold traps of a size number three or smaller made, sold, or used by the owner, leaseholder, or owner's employee for the protection of property when the devices are set within two hundred yards of the person's residence or within twenty-five yards of any poultry house, nor does this section apply to merchants who have such traps for sale outside this State.

The use of body gripping traps of the Conibear type may be used without bait or scents for vertical water sets and vertical slide sets only.

It is lawful to use foot-hold traps of a size number two or smaller for land sets and a size number three or smaller for water sets in Game Zones 1, 2, 3, 4, 6, 7, 10, and 11 inclusive. The use of foot-hold traps in Game Zones 5, 8, and 9 may be allowed with the approval of the majority of the legislative delegation for the game zone involved. The legislative delegations for any game zone may elect to restrict the use of the foot-hold trap and the Conibear trap, except when it is used as permitted in the preceding paragraph, by a majority vote. A petition signed by the members allows or prohibits the use of foot-hold traps. The petition must be forwarded to the department. The initiative for the petition must originate with the members of the delegations for the respective game zone. The approval or repeal remains in effect for no less than one year.

Section 50-11-2420. In addition to a valid state hunting license, a commercial fur license is required of all persons who take by any means, except trapping, furbearing animals for commercial purposes and all persons who trap or who attempt to trap any furbearing animals. The license must be issued by the department at a cost of ten dollars for residents and one hundred dollars for nonresidents. The license is valid for the fiscal year for which issued. Persons fourteen years of age or over must have a valid hunting license in addition to a commercial fur license. Any person taking animals under authority of a commercial fur license shall carry the license on his person. Any person having in his possession more than five furbearing animals or pelts shall have a valid commercial fur license.

Section 50-11-2430. Any person engaged in the act of trapping shall have proof that he is the owner of the property on which the traps or devices are set or carry on his person written permission to use the property for trapping.

Section 50-11-2440. A trapper shall visit his traps daily and remove any animal caught but no trapper may visit any trap at night and no trap may be set 'in the open' or in paths, roadways, or runways commonly used by persons or domestic animals.

Section 50-11-2450. Any person required to be licensed under Section 50-11-2420 shall report annually to the department within thirty days after the end of the regular season set for the taking of furbearing animals all furs, pelts, and hides taken, sold, or shipped, together with the names and addresses of persons to whom sold or shipped using forms as the department may prescribe.

Section 50-11-2460. The following traps are allowed for trapping in accordance with an approved commercial fur license:

(1) body gripping traps (generally known by the brand name 'Conibear') as provided in Section 50-11-2410;

(2) live traps;

(3) foot-hold traps as provided in Section 50-11-2410.

All other traps, including 'deadfall' traps, are unlawful unless expressly authorized by the department by regulation.

All traps must bear the owner's name and address either directly thereon or by an attached identification tag.

Section 50-11-2470. Any person other than a retailer who engages in the business of buying furs, pelts, hides, or similar articles in this State is required to have a fur dealer, buyer, and processor's license. The license must be issued by the department at a cost of one hundred dollars for residents and two hundred dollars for nonresidents. The license is valid for the fiscal year in which issued. Any person transacting business under authority of such a license shall carry that license on his person or have it permanently displayed in his place of business.

Section 50-11-2480. The following persons are not required to obtain the license provided for in Section 50-11-2470:

(1) a person who buys or otherwise acquires not more than five furs, pelts, or hides for his own personal use during one season and not for barter, exchange, or sale;

(2) a person who can substantiate that any fur, pelt, or hide he possesses has been bought from a licensed fur dealer or lawfully obtained from a dealer in another state and is dressed, altered, trimmed, repaired, or manufactured into a finished product so as not to be resold as a fur, pelt, or hide;

(3) a tanner or taxidermist who possesses any fur or pelt legally owned by another person, which he is temporarily holding solely for the purposes of processing.

Section 50-11-2490. All fur dealers, buyers, and processors, other than retailers, shall keep a daily register on forms provided by the department showing the name and address of each person from whom any furs are purchased, the number of his commercial fur license, and the number and types of furs, pelts, or hides purchased. Not later than the tenth day of each month, all dealers, buyers, and processors shall furnish the department all of the daily register sheets for the previous month. Any fur, pelt, or hide not properly tagged or logged when examined by the department is declared contraband and must be confiscated by the department.

Section 50-11-2500. Any person desiring to hold fur more than thirty days after the end of the regular season for taking furbearers shall apply to the license division for a permit at no cost to hold the fur. The applications for the permits must contain an itemized list of furs to be held along with their fur tag numbers. The possession of any raw or green fur, pelt, or hide of any furbearing animal more than thirty days after the end of the regular season for taking furbearers other than provided for in this section is illegal.

Section 50-11-2510. Any fur, pelt, or hide which is taken by any commercial fur licensee must be tagged at the time the fur, pelt, or hide or part thereof is removed from the body or carcass of the animal. The tags must be sold by the department according to the following fee schedule:

bobcat $2.00

otter 2.00

mink 1.00

gray fox 1.00

red fox 1.00

weasel 1.00

beaver .25

raccoon .50

skunk .25

muskrat .25

opossum .25

The tags must be of a type and size prescribed by the department. The tags must be securely attached to the fur, pelt, or hide and may not be removed until the fur, pelt, or hide is made into a finished product or sold for private use. Any fur, pelt, or hide which has been removed from the body or carcass or part thereof and does not have a tag attached as required by this section or that is unlawfully tagged is declared contraband and must be confiscated. Each fur, pelt, or hide found constitutes a separate offense against the holder. Unused tags must be returned to the department within thirty days after the end of the regular season for the taking of furbearing animals. Full refund must be given for returned tags. Tags may be used only for the specific species for which they are issued and they must be numbered consecutively. These tags are nontransferable and may not be altered in any manner. The department may limit the number of tags for each species and the area in which they may be used.

Section 50-11-2520. The executive director of the department, all conservation officers, and any other employee of the department designated by the executive director, at any and all reasonable hours, may inspect the business premises and records required by this article of any person licensed under this article to insure compliance.

The license of any licensee who refuses to allow promptly an inspection authorized under this section is subject to immediate revocation.

Section 50-11-2530. The department may confiscate all traps and devices, furs, pelts, and hides which are illegally held, tagged, or used and hold them as evidence. Where the department has no storage facilities for perishable items such as furs, it may sell them at a reasonable price and hold the proceeds pending the final outcome of the case. Upon conviction of the owner, any traps, devices, furs, pelts, or hides being held may be disposed of as determined advisable by the director and any proceeds resulting from the sale must be used for the propagation and protection of game. Any trapping device found set without identification of the owner or which is improperly located or of a type or size prohibited by Section 50-11-2460 must be seized and destroyed by the department.

Section 50-11-2540. It is lawful to trap furbearing animals for commercial purposes from January first to March first of each year. The trapping season may not exceed sixty days each year under any circumstances. It is unlawful to trap any other times unless authorized by the director of game and freshwater fisheries. It is lawful to take furbearing animals by other lawful means during the general open hunting seasons established therefor.

Section 50-11-2550. Any person desiring to ship, transport, or attempting to transport out of this State the skins, furs, pelts, or hides of any furbearing animal shall contact a conservation officer before packaging the items. The package must be sealed in the presence of the conservation officer who shall affix a label furnished by the department at no charge to each package, certifying that the tags required by Section 50-11-2510 have been properly attached and paid for. Any conservation officer or designee of the executive director may open and inspect any package containing furs, pelts, or hides shipped from within this State.

Section 50-11-2560. Any person violating the provisions of Section 50-11-2470 or 50-11-2490 is guilty of a misdemeanor and, upon conviction, must be fined not less than three hundred dollars nor more than one thousand dollars or imprisoned for not more than sixty days for each violation. In addition, upon conviction, the department shall suspend the person's privilege to buy furbearing animals for one year from the date of the conviction.

Any person violating provisions of this article other than those specified in this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days for each violation.

Section 50-11-2570. The department may issue special permits, at no cost to the applicant, for the taking, capturing, or transportation of any furbearing animal or of any other game animal which is destroying or damaging private or public property, timber, or growing crops so as to be a nuisance or for scientific or research purposes."

Coastal fisheries laws

SECTION 2. Chapter 17, Title 50 of the 1976 Code is amended to read:

"CHAPTER 17

Article 1

General Provisions

Section 50-17-10. This chapter may be cited as the 'Coastal Fisheries Laws'.

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.

Section 50-17-20. The provisions of this chapter do not apply to fish or fishing in the freshwaters of this State except as provided in Article 8 of this chapter.

Section 50-17-30. The saltwater-freshwater dividing lines on the rivers listed below are as defined in this section and all waters of the rivers and their tributaries, streams, and estuaries lying seaward of the dividing lines are considered saltwaters, and all waters lying landward or upstream from all dividing lines are considered freshwaters for purposes of licensing and regulating commercial and recreational fishing. The department shall erect and maintain signs adequately identifying the dividing lines.

(a) On the Savannah River the dividing line is the old track bed of the Seaboard Railroad located approximately 1.75 miles upstream from the U.S. Highway 17A bridge across the Savannah River.

(b) On the Wright and Ashepoo Rivers the dividing line is the old Seaboard Railroad track bed.

(c) On the New River the dividing line is at Cook's Landing.

(d) On the Coosawhatchie, Tullifinny, Pocataligo, and Combahee Rivers the dividing line is U.S. Highway 17.

(e) On the Edisto River the dividing line is the old Seaboard Railroad track bed near Matthews Cut Canal.

(f) On the Ashley River the dividing line is the confluence of Popper Dam Creek directly across from Magnolia Gardens.

(g) On the Cooper River the dividing line is the confluence of Goose Creek, but any provision of law pertaining to commercial crab fishing under Article 7 of this chapter shall apply in the waters of the Cooper River from Goose Creek inland to the point at which the old Back River Channel intersects the Cooper River below the Bushy Park Dam.

(h) On the Awendaw Creek, the North and South Santee Rivers, the Sampit River, the Black River, the Pee Dee River, the Waccamaw River, and the Little River the dividing line is U.S. Highway 17.

(i) On the Inland Waterway in Horry County the dividing line is the bridge across the Inland Waterway at Nixon's Cross Road where S.C. Highway 9 and U.S. Highway 17 intersect.

Section 50-17-35. (A) It is unlawful to catch fish on the Combahee River from U.S. Highway No. 17 seaward using traps, trotlines, or nets.

(B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than one hundred dollars or be imprisoned for not more than thirty days.

Section 50-17-40. The waters and bottoms of the bays, rivers, creeks, and marshes within the State or within the territorial sea as shown on NOAA Charts 11535, 11531, 11521, and 11513, not heretofore conveyed by grant from the General Assembly or lawful compact with the State, continue and remain as a common for the people of the State for the taking of fish, subject to the provisions of this chapter and any future act that may be passed, except that this section is not intended to regulate fish or fishing in the freshwaters of this State.

Section 50-17-50. The department may prescribe and require permits of persons actually engaged in the taking of fish, shellfish, crustaceans, or other marine life in the saltwaters of this State for experimental commercial or scientific purposes not otherwise provided for by state law or departmental regulations. Permits issued for experimental commercial purposes may be for no more than two years and may not be renewed. Permits issued pursuant to this section may include provisions as to the areas, times, seasons, types of fishing equipment, species taken, catch reporting requirements, and other conditions as the division determines necessary. The department may issue special collecting permits without charge to qualified scientists, students, and other persons actually engaged in the study of marine biology. Marine life collected by persons issued special scientific permits under this section may not be used for personal consumption or for commercial purposes. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days. In addition, any person found guilty of a violation of any of the conditions or requirements of a permit issued under this section or convicted of a violation of applicable conservation laws or regulations, shall have the permit issued to him revoked or suspended for thirty days. Any boat, motor, or fishing equipment used by a person engaged in the taking of fish, shellfish, or other marine life without a permit as required by the department under this section or during the period which his permit has been suspended must be seized and, upon conviction, sold or redeemed as provided for in Section 50-17-650.

Section 50-17-60. It is unlawful for any person, without authority from the department, to erect any sign over or on any state shellfish bottom. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-17-100.

Section 50-17-65. Any person removing, injuring, defacing, or in any way disturbing the signs, buoys, or other appliances used by the department in marking restricted areas or bottoms or used by permittees of bottoms in marking the permitted areas or who injures or destroys any boat or property used by the department or any employee of the department is guilty of a misdemeanor and must be punished as provided in Section 50-17-100.

Section 50-17-70. Any boat or vessel engaged in fishing is required to heave to, allow boarding, and cooperate in every reasonable way with the law enforcement officers of the department. The captain and crew members of any boat violating this section is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars or imprisoned for not more than thirty days.

Section 50-17-80. It is unlawful to fish from a boat within one hundred fifty feet of commercial fishing piers extending into the Atlantic Ocean. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

Section 50-17-90. In making determinations authorized by this chapter pertaining to the opening and closing of fishing seasons, regulation of fishing areas, times, equipment, and effort, the Marine Resources Division shall consider:

(1) current condition and trends of the species or stocks involved;

(2) environmental factors, including water quality and climatological data;

(3) biological data, including abundance, size, and distribution of the species involved;

(4) economic conditions, including market value;

(5) potential impacts upon fishermen and other resource users; and

(6) other factors pertinent to the management and wise utilization of fishery resources.

Public notice of the opening or closing of any coastal waters or bottoms as authorized by this chapter must be given at least twenty-four hours prior to any action being taken. The division shall use all means feasible to inform interested parties, including direct mail to license holders involved, posting of notices in public places, local newspapers of general circulation, news releases, and personal and telephone communications.

Section 50-17-100. Any person violating any of the provisions of this chapter, except for those sections providing penalties, upon conviction, must be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars or by imprisonment for not less than ten days nor more than thirty days for the first offense. For the second offense, the penalty is not less than fifty dollars nor more than two hundred dollars or by imprisonment for not less than twenty days nor more than thirty days. For the third offense, the penalty is a fine of not less than one hundred dollars nor more than five hundred dollars or imprisonment for not less than sixty days nor more than six months. In determining the applicable sentence to be imposed under the provisions of this section, one offense for each year that elapses subsequent to any offense for which he has been convicted must be eradicated and the offender must be sentenced accordingly.

Article 2

Licenses and Taxes

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.

Section 50-17-120. An annual license fee of twenty-five dollars and fifty cents is required of any person who harvests shellfish for commercial purposes from state bottoms not under permit for shellfish culture or mariculture as provided in Section 50-17-310. Fifty cents of this fee may be retained by the issuing agent and the balance must be remitted to the division.

All funds derived from the sale of licenses under this section must be deposited in a special fund to support the public shellfish program of the division.

Section 50-17-130. The department may issue no more than a cumulative total of sixty licenses for the use of set or channel nets in any one year. Applicants who held set or channel net licenses for the previous fiscal year and who were not in violation of applicable conservation laws or regulations have preference for licenses. Set or channel net licenses must be applied for in person. Only one permit may be issued to any individual. No person may fish more than one set or channel net at any one time and any net left unattended must have affixed a floating marker with the name of the permit holder and permit number printed on the float. No person may use a set or channel net without a license, and he must have a valid set or channel net license in possession. The fee for each set or channel net license is two hundred fifty dollars a year. No set or channel net license may be issued to any person under the age of sixteen years. Any person violating the provisions of this section, upon conviction, must be punished as provided in Section 50-17-470.

Section 50-17-140. When hand seines are used for the catching of shrimp for bait or for family consumption, the hand seines, in order to be exempt from license taxes, must not exceed forty feet in length.

Section 50-17-150. All owners of shrimp, fish, and crab trawling boats who are residents of this State and who have such boats registered in this State, before operating the boats in the waters of this State, shall obtain a license for the boat and pay seventy-five dollars for each boat licensed.

All owners of shrimp, fish, and crab trawling boats who are nonresidents of this State, before operating the boats in the waters of this State, shall secure a license for each boat, the fee for which license is three hundred dollars.

The license must be in such form and obtained in such manner as the department may direct. Only one boat license is required to be taken out on a boat in any one year regardless of whether the boat is used in trawling for crabs, fish, shrimp, or a combination thereof.

At the time of securing the licenses for any such boat the owner thereof must file with the Division of Marine Resources a sworn statement giving the name and address of the master or captain of the boat.

The captain of a boat operating under this section is required to obtain the captain's license required under Section 50-17-110 and all fish trawling boats are required to have a permit for such activity from the Marine Resources Division as required by the regulations of the division. The boat owner operating under this section is not required to obtain the powerboat license under Section 50-17-210.

In addition to punishment provided for in Section 50-17-280, any boat trawling in the waters of this State, without first being licensed, or without first having a permit, must be confiscated by the department with its rigging and equipment and sold at public sale to the highest bidder, after giving ten days' notice of the sale in a newspaper published in that county. When the vessel is of greater value than ten thousand dollars the owner at any time before sale may redeem it by paying ten thousand dollars. If the vessel is of lesser value than ten thousand dollars, the owner at any time before sale may redeem it by paying its retail value as set by the department.

Section 50-17-155. Every boat licensed by the department to trawl for shrimp in this State, at the time of the issuance of the license, must be assigned by the department a number under which the boat must be registered and operated. The number assigned to the boat must be of a size and shape as may be furnished by the department and must be displayed as to be clearly visible from either side of the vessel.

Section 50-17-160. (A) Any boat or vessel engaged in trawling, dragging, or towing any net, dredge, or other device for the taking of whelks (conchs) in the legal trawling areas of this State must have a valid trawler's license as provided under Section 50-17-150. In addition, any such boat or vessel must have in possession a valid permit for that purpose issued by the department. The permit requirements specified do not apply to boats or vessels engaged in harvesting shrimp with shrimp nets having a mesh size of less than two inches, stretched, during the open shrimp trawling season.

(B) Permits issued under this section may include specifications as to lawful fishing areas, minimum size requirements, mesh size of nets and other devices, fishing times or periods, species which may be retained for sale, and catch reporting requirements. The department may limit the number of permits issued if a limitation is determined to be necessary in the interest of sound fisheries management.

(C) The provisions of this section do not apply to the use of dredges, escalator harvesters, or other equipment for taking oysters and hard clams in accordance with other provisions of law and departmental regulations.

(D) The penalty for violations of the provisions of this section is the same as prescribed in Section 50-17-100. In addition, any permits issued, upon conviction of a permittee for a violation of this section, may be suspended or revoked by the department. Any boat or vessel found operating during the period for which its permit has been suspended or operating after its permit has been revoked must be seized and disposed of as provided under Section 50-17-650.

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.

Section 50-17-175. Applications for licenses provided for under Sections 50-17-110 and 50-17-150 must be received between January first and February first for the license period beginning July first of that year. Payment of required license fees received before or after the dates specified may not be accepted and must be returned.

Persons who purchase or construct a vessel after January thirty-first of any year are eligible for the licenses referred to under this section, if they apply and submit payment of the specified fees within forty-five days of the date of purchase, or completion of construction of the vessel, and submit a bill of sale, documentation papers, or other validation that the division may require. If it becomes necessary to change the captain of a licensed vessel at any time, the person who replaces him may acquire a captain's license under Section 50-17-110.

Section 50-17-180. 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, 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.

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.

A person, before engaging in business or operating as a primary wholesale seafood dealer, shall obtain a license from the Division of Marine Resources upon payment of a fee of fifty dollars. Any 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 division, the fee for which is twenty-five dollars. The license is not required of persons licensed under Section 50-17-110 who sell their 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.

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.

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.

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.

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 50-17-190. It is unlawful for any person or any transportation agency or carrier to transport fresh saltwater fish or fisheries products without having with the shipment a shipping certificate as required by the department.

Section 50-17-200. Any person engaged in selling any marine fisheries product as bait first must obtain from the department a license, the annual fee for which is five dollars.

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 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 division 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.

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 crab pots with his name attached to the float for his personal use without obtaining a license under this section.

Section 50-17-215. Any person using or transporting commercial fishing equipment in the waters of this State in an unpowered boat or using commercial fishing equipment without a boat is required to purchase from the department an annual license. The license fee for each type of commercial fishing equipment or gear is the same as that specified under Section 50-17-210.

Section 50-17-220. Persons using cast nets for noncommercial purposes except as provided in Section 50-17-660 or hand tongs for harvesting oysters are exempt from the license provisions of Sections 50-17-210 and 50-17-215.

Section 50-17-230. All nonresidents of this State, before gigging for fish in the saltwaters in Game Zone 11, first shall procure a nonresident gigging license, the fee for which is twenty-five dollars and twenty-five cents. Any person violating the provisions of this section, upon conviction, must be punished by a fine of not less than fifty dollars and not more than two hundred dollars or imprisoned for not more than thirty days for the first offense.

Section 50-17-235. All residents of this State or freeholders of the counties within the zone, before gigging for fish in the saltwaters in Game Zone 11, must procure a resident gigging license, the fee for which is one dollar and ten cents.

Any person violating the provisions of this section, upon conviction, must be punished by a fine of not less than ten dollars nor more than two hundred dollars or imprisoned for not more than thirty days. The fine or imprisonment for each subsequent offense must be double that previously imposed against the violator.

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 50-17-260. The department upon issuing any license under this chapter shall furnish the licensee a copy of the regulations of the division and of the Coastal Fisheries Laws.

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.

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 commission, 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 50-17-280. Any person licensed under this article who fails to make the reports required by the department on or before the tenth day of each month after the close of business for the preceding month and who fails to pay the taxes as prescribed in this article, or who violates any other provision of this article for which no other specific penalty is provided, upon conviction, must be punished as provided in Section 50-17-100. Every day of delay in transmitting the taxes and reports constitutes a separate offense and, after three convictions, the department may revoke the license.

Section 50-17-290. The department shall suspend immediately for the period of time stated in this section and have its designated inspector take possession of a license issued under Section 50-17-110 upon conviction of a violation of a section in Article 6 of this chapter. For a first offense the suspension must be ten days, for a second offense thirty days, and for a third offense the license must be revoked.

Article 3

Shellfish

Section 50-17-310. (A) The department may grant permits to any state resident for the exclusive use of portions of the intertidal or subtidal bottoms owned or controlled by the State for shellfish culture or mariculture for commercial purposes, not exceeding an aggregate of five hundred acres to any firm or individual. For any shellfish culture purpose other than for commercial use, the department may issue permits for as many as two acres, but no more, to any state resident at the annual fee provided in Section 50-17-335.

(B) Each permit issued under this section must be for five years and may be renewed at the option of the department for an additional five years at the yearly rate provided in Section 50-17-335.

Section 50-17-320. (A) If the State authorizes any activity or use requiring the permanent closure of shellfish grounds, the portion of a permitted area which falls within the closed area may be removed from the permit acreage agreement by the commission. If a portion of the acreage is removed, the permit acreage agreement and annual fee must be adjusted on the annual renewal date as prescribed in Section 50-17-336.

(B) If a state or federal permit is issued over the objections of the department, or for a project of overriding public need, and if the permitted project causes the closure of any shellfish grounds or renders any bottoms unsuitable for the purpose of shellfish propagation, the department may require the permittee to mitigate or compensate, or both, for the loss of the public shellfish resource.

The compensation must be remitted to the department and placed in a special fund for shellfish management.

Compensation and mitigation under authority of this section may not be considered as factors in justifying the issuance of any such permit and this section may not be interpreted as authorizing the closure of any shellfish grounds or authorizing the rendering of any bottoms unsuitable for shellfish propagation.

If an unauthorized action results in a closure of shellfishing waters or renders them temporarily or permanently unsuitable for the purpose of shellfish propagation, the party responsible for the action may be required by the department to mitigate the loss of the resource and to compensate for damages which result from the loss of the shellfish resource.

(C) The terms of the mitigation or compensation authorized by subsection (B) and the amount of the award of damages must be determined in the first instance by the commission. Its determination constitutes a final decision for the purpose of Section 1-28-80, and the affected party may seek judicial review pursuant to the decision.

Section 50-17-330. Any person desiring to acquire permit rights to any bottoms, as provided in Section 50-17-310, shall apply upon forms prescribed by the department. The nonrefundable sum of twenty-five dollars must accompany the application for each permit. The application must include the location and boundaries of the area desired to be used. If the area is subject to a permit, the department shall determine the acreage of shellfish bottoms and acreage capable of producing shellfish and have a permit map or plat made in accordance with the department specifications showing the perimeter boundaries of the area and the bottoms to be used for shellfish culture in the area. No other permit for shellfish culture on the bottoms delineated within a plat or permit map may be made during the term of the permit. The department has the authority to issue permits for mariculture, as defined in Section 50-17-367, within the perimeter boundaries of an existing permit if it is determined by the department that the mariculture operation will not interfere with the harvesting and cultivation of shellfish by the permittee. If any additional area suitable for cultivation of shellfish is found within the perimeter boundaries of the permit area, prior to the renewal of the permit or at the time of application for a new permit, the original permittee has first opportunity to acquire permit rights to the area capable of producing shellfish. The annual permit fee must be based upon the number of acres capable of producing shellfish within the boundaries of the entire permit area.

Section 50-17-331. Upon approval of the application and plat by the department, the applicant shall publish in a newspaper in which legal advertisements by the sheriff are published in the county wherein the territory applied for is located, a notice to all persons of the application for permit rights to the bottoms for the culture of shellfish, giving the name of the applicant and a sufficient description of the bottoms applied for to enable them to be located. The advertisement must be published once a week for three weeks prior to the granting of a shellfish culture permit.

Section 50-17-332. If an application is made by a person who was the holder of the lease or permit on the bottoms for the term immediately preceding the term for which application is made, preference must be given to that applicant if he has complied with all of the cultivation and planting requirements of this article.

Section 50-17-335. Each permittee shall pay for a permit under Section 50-17-310 an annual fee of five dollars an acre for the acreage of bottoms delineated on the permit map or plat lying below the mean high-water mark capable of producing shellfish.

Section 50-17-336. The annual fee for shellfish permits must be prorated from the first of the month following the issuance of the permit to January first next. Thereafter, all annual fees must be payable yearly in advance. On January first, the department shall render a bill to each permittee showing the amount owed. If the annual fee is not paid by February first, the department shall add a late payment penalty of ten percent of the total originally due and send a final notice advising the permittee that if he fails to pay the fee and the late payment fee before March first, the department shall declare the permit revoked for noncompliance.

Section 50-17-340. Each permittee shall plant one hundred twenty-five U.S. bushels of shell, cultch, or seed oysters annually for each acre of bottoms which is producing or capable of producing shellfish included in his permit issued under Section 50-17-310. All shell must be planted between May first and August thirty-first, except that raw shuck houses may replant green shell from current operations if the shell is replanted within three days after gathering. All shell and seed planting is under supervision of the department, which may require up to five percent of the total quota of shell or seed oysters of any permittee to be planted on state shellfish bottoms not under permit but within a twenty-mile radius of the permittee's place of business. Shell or seed oysters planted by a permittee on those bottoms must be credited to the permittee's annual quota in the amount equal to two times that of the number of bushels actually planted. The department may provide incentives to permittees for improved or innovative management and cultivation techniques in the form of additional planting credits or planting variances. If a permittee does not plant the required quota of shell or seed oysters on the permit area, the permit must be revoked by the department or the acreage of shellfish reduced based upon the percentage of the quota planted. In the event a permittee believes that a permit area or portion of it does not require planting during a given year for reasons of sound management, he may apply in writing to the department for a variance in his annual quota. The department may then conduct an inspection of the permit area or portion of it to determine whether the requested variance may be granted and notify the permittee of its decision. The decision of the division in those matters is legally binding. For the purpose of shell planting, a U.S. bushel is the standard measurement. One cubic yard of shell for planting is considered as twenty-one and seven-tenths U.S. bushels.

The provisions of this section do not apply to mariculture operations as defined in Section 50-17-367. The department is authorized to specify the terms and conditions on any permit issued for the purpose of shellfish mariculture.

Section 50-17-341. Persons granted permits for shellfish cultivation may gather shellfish for replanting from the bottoms of the State which may be designated by the department for that purpose. The permittee shall advise the department ten days before moving the seed.

Section 50-17-345. In addition to the requirements of this article, the department may specify other appropriate permit terms and conditions. One year after the date of the permit issued under Section 50-17-310 and each year thereafter during the life of the permit, if the permittee has not met the terms and conditions of the permit or the legal requirements of this article, the department after notice may revoke the permit. Prior to the reissuance of any permit in the area, consideration must be given to the designation of all or part of the area as state shellfish grounds for public use.

Section 50-17-346. No permit issued under Section 50-17-310 may be transferred without the approval of the department endorsed on it to be effective or to act as a release of the original permittee from the terms of the permit.

Section 50-17-350. Any person may gather for personal use not more than two U.S. bushels of oysters or one-half U.S. bushel of clams, or both, in any one day from state bottoms designated for public shellfishing. When bottoms are under permit by the State for shellfish cultivation as provided in Section 50-17-310, written permission for the gathering of shellfish must be obtained from the permit holder. This written permission must be on the person of the harvester when he is gathering shellfish from the area. Any person violating the provisions of this section, upon conviction, must be punished as provided in Section 50-17-100, and any shellfish in the possession of any person cited for a violation of this section may be seized and returned to the bottoms in the area harvested.

Section 50-17-355. Owners of riparian property may gather shellfish for personal use in the amounts specified in Section 50-17-350 from bottoms adjoining their property, if written permission for the purpose is obtained from the department.

Section 50-17-360. It is unlawful for any person to take or harvest shellfish for commercial purposes from state-owned bottoms without an individual harvesting permit issued by the department. A permit also is required for harvesting shellfish from any bottoms of the State by mechanically operated devices including dredges, hydraulic escalators, patent tongs, and mechanical oyster harvesters. The harvesting permits shall include provisions specifying the areas, times, types of equipment, species to be harvested, catch reporting requirements, and other conditions that the department determines necessary. The department may limit the number of harvesting permits in accordance with sound fishery management practices.

Any person issued a permit under this section shall harvest shellfish, whether for commercial or personal use, only from the areas of state bottoms specified on the permit.

The harvesting permits required by this section are in addition to the shellfish culture permits provided for under Section 50-17-310.

It is unlawful for any person to harvest shellfish between one-half hour after official sunset and one-half hour before official sunrise. In the case of bottoms under permits issued in accordance with Section 50-17-310, harvesting of shellfish during the period specified is lawful with the written permission of the division.

Any person violating the provisions of this section or failing to abide by the provisions of a permit issued under this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days. In addition, any person found guilty of a violation of any of the conditions or requirements of a permit issued under this section, or convicted of a violation of applicable conservation laws or regulations, shall have the permit issued to him suspended for the next thirty open season days following the date of conviction. Any boat, motor, and fishing equipment used by a person engaged in the taking of shellfish without a permit as required by this section, or during the period when his permit has been suspended, must be seized and, upon conviction, sold or redeemed as provided for in Section 50-17-650.

Section 50-17-365. It is unlawful for any person to remove, take, or harvest any shellfish, as defined in Section 50-5-10, from the coastal waters and bottoms of the State from May fifteenth to September fifteenth, inclusive. The commission, acting upon the advice of the department, has the authority to open or close any area of state waters or bottoms for the removal, taking, or harvesting of shellfish for specified periods at any time during the year when biological and other conditions warrant the action. Nothing in this article may be construed to alter the authority of the Department of Health and Environmental Control to open and close shellfish grounds for public health reasons.

Nothing in this section prevents the removal of shellfish for the purpose of replanting under permit granted by the department. Clams and oysters may be imported during the closed season in this State from other states where the taking and possession of the shellfish is lawful. Each shipment or load of imported shellfish must be properly marked and identified to verify compliance with the provisions of this section.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-17-100.

Section 50-17-366. It is unlawful to take, harvest, possess, sell, purchase, or import any hard clam of the genus Mercenaria of less than one inch in thickness, measured as the maximum depth of the intact clam from the exterior surface of one valve of the shell to the exterior surface of the opposite valve. Clams of less than the minimum legal size limit specified herein must be returned alive immediately to the bottoms where found.

It is lawful for a clam hatchery or mariculture operation to have in possession clams of less than the minimum size limit specified in this section and to purchase, sell, or transplant sublegal sized clams for nursery or grow-out purposes, upon obtaining a special permit from the department.

Section 50-17-367. The department may grant permission to persons engaged in mariculture operations to harvest, have in possession, and sell shellfish at any time during the year.

Section 50-17-370. The department must maintain areas where bona fide residents of this State may gather, for personal use, not more than two U.S. bushels of oysters in a day. The areas must be designated upon the approval of a majority of the county legislative delegation. The open areas must be located preferably at or near public landings. The department shall clearly mark and identify the open areas so that the public may readily recognize them as open areas. The division is responsible for the maintenance of the signs. Any nonresident gathering oysters in or on such public grounds or resident harvesting for commercial purposes

or gathering in excess of the statutory limit set forth above, upon conviction, must be punished as provided in Section 50-17-100.

Section 50-17-375. The standard measure for the harvesting, selling, and marketing of shellfish in South Carolina is the U.S. bushel, equal to 2150.42 cubic inches.

Section 50-17-380. It is unlawful for any wholesale shellfish dealer licensed under Section 50-17-180 to purchase shellfish from any person other than a properly licensed and permitted commercial fisherman or another properly licensed and approved seafood dealer. He must maintain a record of all shellfish purchases which shall include the name and address of the seller, the area where harvested, the type of shellfish purchased, the date of purchase, and the commercial shellfisherman's license number. The record must be available for inspection upon proper identification by any lawfully constituted law enforcement officer, conservation officer, or authorized management personnel of the department. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than ninety days, or both.

Section 50-17-385. It is unlawful to commercially harvest shellfish in Game Zone 9 between Butler Inlet (Pawley's Inlet) and Midway Inlet in Georgetown County. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned not more than thirty days.

Section 50-17-390. The department has jurisdiction over all natural shell deposits, including those of oysters, clams, and other mollusks occurring upon or within state-owned bottoms. In addition, the department has jurisdiction over all shell deposits lying above the mean high-water mark if the deposits have been created by processes of natural accretion upon state-owned lands or bottoms. The Coastal Council permit requirements for alteration of critical areas apply to the removal of all shell deposits within a critical area.

The department may grant permits to any person to remove shell from natural deposits for use in shellfish cultivation and mariculture. The permits must be issued for a term not to exceed three years and shall specify conditions the department may require, including areas from which shell may be harvested, dates and schedules of harvesting, types of equipment which may be used, and reporting requirements. Prior to granting permission to remove, the division shall analyze the potential for increased erosion in the area of the shell which is removed. Permission may be granted only when no significant erosion potential is foreseen. If permission is granted and the removal does cause significant erosion in the area, the person granted permission shall restore the area to its original condition or as close to its original condition as possible under the circumstances.

The department shall specify a fixed price for each unit of shell removed. Payments for shell removed must be made by the permit holder on or before the tenth day of each month for the preceding month.

All monies derived from the sale of shell under this section must be deposited in a special fund to be used for the management and improvement of shellfish bottoms utilized solely for the purpose of recreational harvest by the

public and the bottoms may not be permitted for commercial operations for not less than ten years.

The department shall promulgate regulations necessary to carry out the provisions of this section.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-17-100. In addition, any permits issued for the removal of shell must be revoked by the department.

Article 4

Use of Nets, Seines, and Like Devices

Section 50-17-410. It is unlawful for any person, in the Atlantic Ocean offshore of Game Zones 7 and 9, to use a purse seine closer than two hundred yards to any boat which is anchored or which is drifting when its occupants are engaged in fishing for sport. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not exceeding two thousand five hundred dollars or imprisoned for a term not to exceed one year, or both.

Section 50-17-420. It is unlawful for any person to catch fish in the saltwaters of this State with a seine or gill net having a mesh size of less than three inches. For shrimp, a seine having a mesh size of not less than one-half inch nylon twine (square mesh) or nine-sixteenths inch cotton cord (square mesh), and a length of no more than forty feet, may be used. Any fixed or stationary net used for taking shrimp including a channel or set net must have a width at the mouth measured across the float or head line of no more than eighty feet. No fixed or stationary net used for taking shrimp may be set within three hundred feet of a marked navigation channel.

Section 50-17-421. It is unlawful to use set or channel nets in Game Zones 6 and 11 except in such areas at times and in such seasons as it is lawful to trawl for shrimp in those zones.

In Game Zones 7 and 9, it is unlawful to use set or channel nets except in those areas designated for that purpose by the department and during the seasons when it is lawful to trawl for shrimp in the areas specified in Section 50-17-615.

No set or channel net may be used in any of the waters of this State after November fifteenth of any year.

The division may extend the open season for set and channel nets by no more than thirty days in any year if the action is consistent with sound fisheries management.

It is unlawful to transport a set or channel net aboard a boat during the closed periods.

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.

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 50-17-425. Notwithstanding the provisions of Section 50-17-420, it is lawful to catch fish in the saltwaters of the Atlantic Ocean in Game Zone 7 with a haul seine (beach seine) having a mesh of no larger than two inches stretched (one inch square mesh).

Section 50-17-430. It is unlawful to place or set any net, screen, seine, or similar device in any tidal creek, stream, channel, slough, or other waterway in a manner that will extend across more than one-half of the width of the waterway at any stage of the tide.

Section 50-17-440. The use of trammel, pound, fyke, stop nets, and purse seines in the waters of this State from the saltwater-freshwater dividing line seaward is prohibited. The use of gill nets, except gill nets one hundred feet in length or less with a minimum mesh size of three inches stretched used in the Atlantic Ocean from the beaches seaward and only in those areas of the bays and sounds designated by the Division of Marine Resources for such purposes, is prohibited, except as permitted by Article 8 of this chapter. The user of a gill net must be

within one hundred yards or hailing distance of the net at all times it is in use.

Section 50-17-450. It is unlawful to place or set any stationary or fixed nets, including a gill net, fyke net, pound net, or seine within two hundred yards of any net or device previously set. It is unlawful to place or set any channel net within two hundred feet of any other channel net.

Section 50-17-455. It is unlawful to set or place any gill net, seine, or other commercial fishing device within five hundred yards of a fishing pier or man-made jetty equipped with a fishing walkway in the waters of the Atlantic Ocean, except that the activities referred to in this section are not barred at any place within the corporate limits of a municipality whose northern and southern boundaries are located between two fishing piers which are not more than one thousand, one hundred fifty yards distance from each other. The provisions of this section only apply to a fishing pier open to the public or man-made jetty equipped with a fishing walkway open to the public.

Section 50-17-460. Every gill net unattended must be marked with buoys or signs having the name, address, and license number of the owner marked clearly on it. The provisions of this section apply to shad, sturgeon, and herring nets used in accordance with the provisions of Article 8 of this chapter. Any net found not so marked is liable to confiscation by the department and any person violating this requirement may be punished as provided in Section 50-17-470.

Section 50-17-465. It is unlawful to use any seine or gill net in any lagoon, impoundment, or lake within the boundaries of a state park, except that small hand seines and cast nets for the taking of shrimp are allowed.

Section 50-17-470. Any person violating the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days. Any nets or fishing devices used in violation of this article or any permit requirements set forth by the department must be seized and, upon conviction, or in the case of nets unclaimed and unidentified after sixty days, may be disposed of by the department. Any catch found in nets or fishing devices used in violation of this article must be seized and sold and the proceeds of the sale must be held pending final disposition of the case.

In addition to the above, any person convicted of violating the provisions pertaining to set or channel nets under Section 50-17-130, 50-17-420, 50-17-421, or 50-17-450, or found in violation of departmental regulations shall have the set or channel net license issued to him revoked or suspended for the next thirty open season days. Any boat, motor, and equipment used to set, fish, or operate set, channel, or gill nets in violation of the provisions of Section 50-17-130, 50-17-421, or 50-17-422 or during the period for which the set or channel net license has been suspended or revoked must be seized and sold or redeemed as provided for under Section 50-17-650.

Article 5

Finfish and Crustaceans

Section 50-17-510. (A) It is unlawful to take, have in possession, land, or sell any spiny lobster (Panulirus argus) in the State:

(1) taken or harvested from April first to July twenty-fifth of each year;

(2) of less than three inches carapace length or five and one-half inches tail length in the U.S. Fishery Conservation Zone in accordance with federal regulations promulgated under the Fishery Conservation and Management Act (P.L. 94-265).

(B) It is unlawful to take, catch, have in possession, land, or sell any king (Scomberomorus cavalla) or Spanish mackerel (Scomberomorus maculatus) during the times or seasons that are closed to fishing for these species in the United States Fishery Conservation Zone under federal regulation promulgated in accordance with the Fishery Conservation and Management Act (P.L. 94-265). The provisions of this section apply only to king or Spanish mackerel taken by the fishing gear or equipment specified in the same regulations.

(C) It is unlawful to take, catch, have in possession, land, or sell any fish of the following species of less than the minimum size limit (and in accordance with any tolerance limits thereof) established by federal regulations under authorization of the Fishery Conservation and Management Act (P.L. 94-265) as follows: Red snapper (Lutjanus campechanus) - twelve inches total length; Yellowtail snapper (Ocyurus chrysurus) - twelve inches total length; Black sea bass (Centropristes striata) - eight inches total length; Red grouper (Epinephelus morio) - twelve inches total length; Nassau grouper (Epinephelus striata) - twelve inches total length; Spanish mackerel (Scomberomorus maculatus) - twelve inches fork length; and Cobia (Rachycentron candadum) - thirty-three inches fork length.

(D) (1) It is unlawful to take, catch, have in possession, land, or sell any spotted sea trout 'Cynoscion nebulosus', known locally as winter

trout, of less than twelve inches in total length, or from June first to September first of each year any red drum 'Sciaenops ocellatus' known locally as channel or spottail bass, of less than fourteen inches in total length.

(2) It is unlawful for any person to take or have in possession more than one red drum exceeding thirty-two inches in total length in any one day.

(3) Any spotted sea trout or red drum of less than the minimum size limits or exceeding the catch limit provided in this subsection must be released immediately in the waters where caught.

The species named in this section, with the exception of Spanish mackerel and cobia, must be landed with the head and tail fins intact.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

Section 50-17-520. Spotted sea trout (winter trout), Cynoscion nebulosus, and red drum (channel bass), Sciaenops ocellatus, are game fish. It is unlawful to take or attempt to take either species in the waters of this State, except by cane pole, using hook and line, rod and reel, or by gigging. However, it is unlawful to gig for spotted sea trout or red drum between January first and March first. It is unlawful for any person to have in possession any red drum or spotted sea trout while fishing or transporting any gill net, seine, or other commercial fishing equipment. Any fish of either species caught in the devices must be returned to the water immediately.

Bona fide mariculture operations may collect spotted sea trout and red drum with commercial fishing equipment or import either species for brood stock or culture purposes under special permit from the Marine Resources Division.

Any wholesale or retail seafood dealer or other business who imports red drum or spotted sea trout from another state or country where the taking and sale of the fish is lawful must have in possession a bill of sale or other proof of origin for each lot or shipment of the fish received before the fish may be sold. Red drum or spotted sea trout grown in mariculture operations may be sold in this State if the fish are properly marked and identified.

It is unlawful for any person to take or have in possession more than twenty spotted sea trout or twenty red drum in any one day. The possession limit does not apply to mariculture operations or to the sale of properly identified fish imported by seafood dealers as provided in this section. The species named in this section must be landed with the head and tail fins intact.

The penalty for convictions of violations of this section are as provided in Section 50-17-130 and each fish possessed, sold, offered for sale, purchased, or attempted to be purchased in violation of this section is a separate offense.

Article 6

Shrimp

Section 50-17-610. It is lawful to trawl for shrimp or prawn seaward from the boundary described in this section from May fifteenth to December thirty-first, both inclusive: Beginning at a point on the west bank of Wright River at its entrance to the sea extending northeastward across the mouth of the river to the southernmost

tip of Turtle Island; thence following the shoreline of Turtle Island to a point on the northeasternmost tip of Turtle Island; thence turning and running east in a line tangent to the southernmost tip of Bloody Point; thence turning and running northeasterly along Daufuskie Island to a proposed marker (SC 1), latitude 32 degrees 07.1'N. and longitude 80 degrees 50.4'W.; thence running east across Caliboque Sound to a proposed marker (SC 2), latitude 32 degrees 07.1'N. and longitude 80 degrees 49.6'W.; thence northeasterly and continuing along the shoreline of Hilton Head Island around to its northernmost point and continuing therefrom to a flashing light designated on National Ocean Survey chart 11513 as FL R 4 sec "6" and thence to FL 2.5 sec "3" at the northern tip of Hilton Head Island, running easterly through bell buoy No. R "2", thence continuing to red-lighted gong buoy; thence to black day marker No. A-19 to the mouth of Station Creek; thence seaward around Bay Point Island to a proposed marker (SC 3) at latitude 32 degrees 16.9'N. and longitude 80 degrees 35.2'W.; thence running eastward across Trenchards Inlet to a proposed marker (SC 4) at latitude 32 degrees 16.9'N. and longitude 80 degrees 34.7'W.; thence turning seaward and following the shoreline, but excluding all creeks, to a point at the northernmost point of Fripp Island at Fripp Inlet; thence turning and running true north to the shoreline of Hunting Island; thence along the seaward edge of Hunting Island across the mouth of Johnson Creek to a point at the northernmost part upon the island; thence following the shoreline of Hunting Island to the Highway 21 Bridge crossing Harbor River; thence from the center of the swing span of the Highway 21 Bridge in a northeasterly direction to Marker A6; thence continuing to the flashing range light on the Combahee Bank; thence to a proposed marker (SC 5) on the west of Otter Island at latitude 32 degrees 29.1'N., and longitude 80 degrees 25.2'W.; thence seaward along the shoreline of Otter Island to a point at the mouth of Jefford and Fish Creek on the southern tip of Otter Island opposite Pine Island; thence turning and running in a southeasterly direction to the southernmost tip of Bay Point on Edisto Island; thence along the shoreline of Edisto Island, excluding all creeks, to a point on the western bank of the North Edisto River; thence due east across the North Edisto River to a point at the southwesternmost tip of Seabrook Island; thence seaward to the shoreline of Seabrook and Kiawah Islands, excluding all inlets, to Sandy Point; thence in a northerly direction to the southwesternmost tip of Folly Island; thence along Folly Island, across Lighthouse Inlet and along the seaward side of Morris Island to a point at Cummings Point where the jetty meets the beach; thence in an easterly direction following the submerged jetty to the point where the emergent portion of the south jetty begins; thence in a northeasterly direction across the Charleston Harbor entrance channel to a point where the emergent portion of the north jetty begins; thence in a northwesterly direction following the submerged portion of the north jetty to a point on Sullivans Island where the jetty intersects the beach; thence along Sullivans Island, the Isle of Palms, Dewees Island, Capers Island, and Bull Island; excluding all creeks, to a point at the northernmost tip of Bull Island; thence in a straight line northeasterly to the westernmost tip of Sandy Point; thence seaward along Raccoon Key to its easternmost tip; thence southeasterly to round the seaward side of Cape Romain and northward along the seaward shore of Cape Island to a point on the northernmost tip of such island; thence turning and running in a northwesterly direction to a point on the southeasternmost bank of Alligator Creek; thence turning and running in a northeasterly direction across Alligator Creek to a point on its northeastern bank; thence turning seaward and running along the shoreline of Murphy Island to a point on the western bank of the Santee River and across the mouth thereof to a point on the southwestern tip of Cedar Island; thence along Cedar Island across the mouth of the North Santee Bay to Santee Point; thence along the seaward shore of South Island to the northernmost point on the easternmost peninsula of the island; thence in a straight line to nun buoy 2 N.; thence turning and running in a northwesterly direction following the north jetty to the southernmost tip of North Island; thence northeasterly following the shoreline to the North Carolina-South Carolina boundaries, excluding all inlets.

Section 50-17-615. In addition to the area outlined in Section 50-17-610, from August fifteenth to December fifteenth, both inclusive, except in that area outlined in item (1) of this section wherein the period is from September first to November first, inclusive, it is lawful to trawl for shrimp or prawn:

(1) In that area of Calibogue Sound beginning at a proposed marker (SC 1) at latitude 32 degrees 7.1'N. and longitude 80 degrees 50.4'W.; thence in a generally northerly direction along the shoreline of Daufuskie Island to a point opposite Haig Point Lighthouse; thence in a northerly direction across the mouth of the Cooper River and along the western shore of Calibogue Sound across the mouth of Bryans Creek to a point at the mouth of an unnamed creek on Barataria Island, located at latitude 32 degrees 11.1'N., and longitude 80 degrees 48.6'W.; thence turning and running due east to a point on Hilton Head Island located at latitude 32 degrees 11.1'N., and longitude 80 degrees 47.0'W.; thence turning and running in a southwesterly direction along the western shoreline of Bram Point and the extension thereof to a flashing light No. 31 and thence in a southwesterly direction along the shoreline of Buck Island and the extension thereof, excluding Broad Creek to a proposed marker (SC 2) located on Braddock's Point, latitude 32 degrees 7.1'N. and longitude 80 degrees 49.6'W.

(2) In that area of Port Royal Sound beginning at flashing light No. 3; thence to day marker No. 5; thence continuing to flashing light No. 6; thence turning and running in a straight line in a northwesterly direction and around Foot Point to a point on Colleton Neck to a proposed marker (SC 6) located at latitude 32 degrees 19'N., longitude 80 degrees 47.7'W.; thence continuing in a northwesterly direction across the mouth of the Colleton River to the mouth of an unnamed creek on Spring Island at latitude 32 degrees 19.4'N., and longitude 80 degrees 48.2'W.; thence in a northerly direction following the shoreline of Spring Island to a point located at latitude 32 degrees 20.3'N., and longitude 80 degrees 48.1'W.; thence in a northeasterly direction across Chechessee River to the southernmost point of Rose Island; thence in an easterly direction to a point on Daws Island located at latitude 32 degrees 20.6'N., longitude 80 degrees 47.2'W., including the creek separating Rose Island and Daws Island; thence in a southeasterly direction along the shoreline of Daws Island, continuing around the southern tip of Daws Island, excluding all creeks; thence in a northwesterly direction along the shoreline of Broad River, excluding all creeks, to a point one-quarter (1/4) mile south of the Highway 170 Bridge; thence across the Broad River in a northeasterly direction to the Port Royal Island shoreline at a point one-quarter (1/4) mile south of the Highway 170 Bridge; thence in a southeasterly direction following the shoreline of Port Royal and Parris Islands, excluding all creeks, to the southernmost point of Parris Island; thence in a northerly direction up Beaufort River on the east side of Parris Island to a point at the south bank of the mouth of Ballast Creek; thence due east across Beaufort River to a point on St. Helena Island located at latitude 32 degrees 20.4'N., and longitude 80 degrees 38.9'W.; thence following the shoreline of St. Helena Island, excluding all creeks in a southerly direction to a point located at latitude 32 degrees 19'N., and longitude 80 degrees 38.7'W.; thence continuing westerly to a point one-quarter (1/4) mile off the eastern shoreline of Beaufort River; thence turning and running in a southerly direction along a line one-quarter (1/4) mile from the eastern shoreline of Beaufort River to a point one-quarter (1/4) mile west of the eastern shore of Beaufort River at Lands' End; thence turning and running easterly to a point on Lands' End located at latitude 32 degrees 17.3'N., and longitude 80 degrees 38.7'W.; thence turning and running in a southerly direction along the eastern shore of Beaufort River, excluding all creeks, to a point on the southern bank of the mouth of Station Creek at day marker A-19.

(3) In that area of St. Helena Sound beginning at a point at the northernmost tip of Harbor Island, thence turning and running on the western shore of Harbor Island; thence to the Harbor Island Bridge across the Harbor River to a point on St. Helena Island; thence running in a generally northwesterly and westerly direction along the edge of St. Helena Island, excluding Coffin and Village Creeks, to a point of proposed marker (SC 9) located at latitude 32 degrees 27.1'N., and longitude 80 degrees 31.5'W.; thence running due north to a proposed marker (SC 10) on the south shore of Morgan Island at latitude 32 degrees 27.7'N., and longitude 80 degrees 31.5'W.; thence turning and running in a generally easterly and northwesterly direction along the seaward side of Morgan Island, excluding all creeks, to flashing marker No. 187; thence running northerly across the Sound to the mouth of a small unnamed creek located at latitude 32 degrees 30.8'N., and longitude 80 degrees 32.1'W.; thence easterly to the westernmost point of the Ashe Island marshes; thence following the shoreline of Ashe Island across the mouth of Rock Creek to proposed marker (SC 11) located on the end of Hutchinson Island at the mouth of Rock Creek at latitude 32 degrees 30.2'N., and longitude 80 degrees 25.9'W.; thence following the shoreline of Hutchinson Island in a southeasterly direction, excluding all creeks, to the southernmost point of the island; thence in a southeasterly direction across the mouth of the Ashepoo River through Buoy No. "2" to a point on Otter Island at latitude 32 degrees 29.4'N., and longitude 80 degrees 25.1'W.; thence following the shoreline of Otter Island in a southerly direction to marker (SC 5).

(4) In all that area within Bull Bay lying seaward, commencing at the mouths of all creeks and rivers entering Bull Bay;

(5) In all that area of North Santee Bay lying seaward of a line through the creek separating Cain Island and Crow Island and extending northeast to South Island to the mouth of Beach Creek; and

(6) In that area in Winyah Bay lying seaward of a projected line running through red nun buoy No. 16 and green flashing buoy No. 15 and extending outwardly therefrom in a straight line to North Island and Cat Island.

Section 50-17-616. It is unlawful to trawl for shrimp in any areas specified under Sections 50-17-610, 50-17-615, and 50-17-630 during the closed season.

Section 50-17-617. In describing the areas set forth in Sections 50-17-610 and 50-17-615, all references to latitude, longitude, markers, buoys, and topography refer to NOAA, National Ocean Survey Nautical Charts Nos. 11513, 11521, 11531, and 11535 and future revisions of these charts.

Section 50-17-620. It is unlawful to trawl within one-half mile of any fishing pier extending into the Atlantic Ocean.

Section 50-17-630. For purposes of regulating the trawling seasons in the areas set forth in Sections 50-17-610 and 50-17-615, there are established the following fishing zones:

(1) The northern zone, which shall extend from the North Carolina-South Carolina boundary at Little River, projecting such boundary line in a southeasterly (135 degrees true) direction to the territorial sea limit; thence in a southwesterly direction along the coast including all waters from the coastline to the territorial sea limit and all areas of Winyah Bay and North Santee Bay defined under Section 50-17-615 to a line beginning at a point on the southern end of Cedar Island at latitude 33 degrees 7.2'N. and longitude 79 degrees 16.3'W. and extending seaward in a southeasterly direction (135 degrees true) to the territorial sea limit.

(2) The central zone, which extends from the southernmost boundary line of the northern zone in a southwesterly direction along the coast, including all waters from the coastline to the territorial sea limit and all areas of Bull Bay defined under Section 50-17-615 to a line beginning at a point at the southern tip of Edisto Island at latitude 32 degrees 28.6'N., longitude 80 degrees 20.2'W. and extending seaward in a southeasterly direction (135 degrees true) to the territorial sea limit.

(3) The southern zone, which shall extend from the southernmost boundary line of the central zone in a southwesterly direction along the coast, including all waters from the coastline to the territorial sea limit and all areas of St. Helena Sound, Port Royal Sound, and Calibogue Sound defined under Section 50-17-615 to the South Carolina-Georgia boundary and the seaward extension of this boundary to the territorial sea limit as provided in Section 1-1-10.

The trawling zones defined in this section include only the legal trawling areas defined under Sections 50-17-610 and 50-17-615. The Wildlife and Marine Resources Commission may either prohibit trawling or any other commercial fishing activity in any of the fishing zones or specified areas therein or open the fishing zones or specified areas therein, in or out of season, if it believes such action should be taken in the best interest of the State.

This section may not be construed to modify the provisions of Section 50-17-620, 50-17-1010, or 50-17-1020.

Section 50-17-640. It is unlawful to trawl for shrimp in the waters of this State between one-half hour after official sunset and one-half hour before official sunrise.

Section 50-17-645. It is unlawful to trawl for shrimp in any area except in the areas and for the purpose and at times as provided by law.

Section 50-17-650. The captain of any boat found trawling for shrimp at any time in violation of Section 50-17-616, 50-17-640, or 50-17-645 is guilty of a misdemeanor and, upon conviction, for a first and subsequent offense must be fined two hundred dollars or imprisoned for thirty days and his license must be suspended for one year from the date of conviction. Any license issued to him during the suspension is invalid. Any person whose captain's license has been suspended who is found operating any boat trawling for shrimp during the period for which his license has been suspended is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars or imprisoned for ninety days.

The license of any boat found operating in violation of the provisions of Section 50-17-616, 50-17-640, or 50-17-645 for a first offense must be suspended for the next thirty open season days after the conviction of a captain for violation of any of these sections; for a second offense, within one year from the date of conviction for violation of any of these sections for a first offense, the boat license must be suspended for the next one year; and for a third offense within one year from the date of conviction for violation of any of these sections for a first offense, the boat license must be suspended for two years from date of conviction. Any license issued for a boat during the license suspension is invalid.

The violation of Sections 50-17-640 and 50-17-645 at the same time or the violation of Sections 50-17-616 and 50-17-640 at the same time is considered as a first and second offense if no violations of these sections have occurred within one year prior to the date of the violations.

Any shrimp catch aboard any boat found violating the provisions of such sections must be seized and sold and the proceeds of the sale must be held by the department pending disposition of a case at court.

In addition to any other penalty, the use of a boat for shrimp trawling in any area which is never open to shrimp trawling or during the period for which its license has been suspended for a first offense is a misdemeanor, and the boat, including its rigging, equipment, and catch, must be seized and, upon conviction, the license of the boat and captain must be suspended for forty-five days. The catch must be sold and the proceeds of the sale must be held along with the other property pending final disposition of the case. Upon conviction, the boat, equipment, and rigging held must be sold at public sale to the highest bidder after giving ten days' notice of the sale in a newspaper published in the county. A second offense occurring within one year of the first offense shall result in seizure of the boat, including its rigging, equipment, and catch, and, upon conviction, the suspension of the license of the boat and the captain for ninety days and a fine of two hundred dollars must be levied upon the captain. A third or subsequent offense occurring within one year of the immediate prior offense shall result in seizure of the boat, including its rigging, equipment, and catch, and, upon conviction, the suspension of the license of the boat and the captain for one full year and a fine of two hundred dollars must be levied upon the captain. In addition to any other penalty, a vessel unlawfully trawling in the area defined by Section 50-17-615 (the sounds and bays when closed) must be seized along with its equipment, rigging, and catch. The catch must be sold and the proceeds held along with the other property pending the final disposition of the case.

Upon conviction of the captain or operator for unlawfully trawling in a closed area the vessel, equipment, and rigging must be sold at public auction to the highest bidder after giving ten days' public notice in a newspaper of local circulation. In the event of seizure, if the boat, equipment, and rigging is worth more than twenty-four thousand dollars, the owner may redeem it before the public sale by paying five thousand dollars and, if the property is of equal or less value than twenty-four thousand

dollars, the owner may redeem it before the public sale by paying two thousand dollars. The department shall determine the value of all seized property for the purposes of this section.

Section 50-17-660. (A) It is unlawful to catch or take shrimp by any means for commercial purposes outside the areas as specified in Sections 50-17-610, 50-17-615, 50-17-620, and 50-17-640 or outside the legal channel net zones as established by the department, other than for sale as live bait, or in or near any waters or bottoms which have been baited by placing, depositing, or scattering any material to attract or lure shrimp toward the bait or to cause shrimp to congregate in the area where the bait is placed. Furthermore, it is unlawful to take or to attempt to take shrimp by the use of a shrimp trap or shrimp pot.

(B) The department shall establish annually a sixty-day open season between September first and November fifteenth for taking shrimp over baited areas. The sixty days may, but are not required to be, consecutive. It is unlawful for anyone to take or attempt to take shrimp over bait during the closed season for taking shrimp over bait. The provisions of this subsection do not apply to anyone taking or attempting to take shrimp over bait by the use of a drop net from a pier, dock, or other structure permanently affixed to the highland.

(C) It is unlawful for any resident or nonresident of this State to take shrimp by cast net over bait during the open season unless he first obtains from the Division of Marine Resources a shrimp baiting permit and associated tags. Upon receipt of application and fees, the Division of Marine Resources shall issue the permit along with ten marking device tags bearing the corresponding permit number. Every permittee while shrimping over bait shall carry on his person his baiting permit and upon demand shall show it to any conservation officer.

(D) It is unlawful for any person to borrow, loan, or exchange a baiting permit or tags with another person. In addition to the penalties set forth in this section, he shall forfeit any right to any baiting permit and tags issued to him and is prohibited from procuring another baiting permit and tags for the season for which the baiting permit and tags so borrowed, exchanged, or loaned were issued.

(E) The fee for a resident shrimp baiting permit and associated tags is twenty-five dollars. The fee for the issuance of the nonresident shrimp baiting permit and associated tags is five hundred dollars. The Division of Marine Resources may issue duplicate baiting permits or tags upon affidavit from the permittee that he has lost his baiting permit or tags. The duplicate permit or tags must be labeled 'Duplicate'. The fee for the issuance of a duplicate shrimp baiting permit is twenty-five dollars for residents and one hundred dollars for nonresidents. The fee for the issuance of each duplicate tag is one dollar for residents and four dollars for nonresidents.

All monies derived from the issuance of all permits and tags authorized in this section are retained by the department for the purposes of administration and enforcement of this section and Section 50-17-665.

(F) It is unlawful for any person to catch or take shrimp over a baited area unless:

(1) each bait deposit is marked by a pole not to exceed one inch in diameter which is driven into the ground and with the department-issued tag securely attached to it;

(2) each pole is plainly marked with white reflective tape;

(3) there is a ten-pole limit a boat a day, additional boats in tow may not be used to increase the number of authorized poles;

(4) there is a ten-pole limit for each person who is shrimping over a baited area if no boat is being used;

(5) if more than one pole is being used, the distance between the first and the last pole may not exceed one hundred yards;

(6) the minimum distance between each set of poles may not be less than twenty-five yards;

(7) no pole or set of poles may be left unattended, and if the permittee is not located in the immediate vicinity, the poles must be confiscated by the department;

(8) the permittee is allowed to shrimp over only those poles bearing his corresponding permit number.

It is unlawful during the closed season for taking shrimp over bait to have aboard any boat any poles or material that can be used to attract, lure, or cause shrimp to congregate.

It is unlawful to set poles within fifty yards of a dock or public landing or boat ramp.

(G) The provisions of subsection (F) do not apply to anyone taking or attempting to take shrimp by the use of a drop net over bait from a pier, dock, or other structure permanently affixed to the highland.

(H) Any person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days, and the shrimp baiting permit and associated tags must be suspended for two years. The boat, motor, trailer, rigging, coolers, nets, fishing devices, and catch must be seized and forfeited as provided in Section 50-17-650.

(I) Any person who violates the provisions of subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days and the boat, motor, trailer, rigging, coolers, fishing devices, and catch must be seized and forfeited as provided in Section 50-17-650.

In addition, his privilege to catch shrimp over bait will be suspended for a period of two years from the date of conviction.

(J) Any person who violates the provisions of subsection (C) or (D) is guilty of a misdemeanor, and upon conviction for a first offense, must be fined two hundred dollars or imprisoned for not more than thirty days, and the catch must be seized and forfeited as provided in Section 50-17-650. Any person who violates these subsections for a second or subsequent offense is guilty of a misdemeanor and must be fined two hundred dollars or imprisoned for not more than thirty days and the boat, motor, trailer, rigging, coolers, fishing devices, and catch must be seized and forfeited as provided in Section 50-17-650.

(K) Any person who violates the provisions of subsection (F) is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars, and the catch must be seized and forfeited as provided in Section 50-17-650.

(L) Each quart of shrimp taken in violation of the provisions of this section may constitute a separate offense.

(M) No part of the fines provided in this section may be suspended.

Section 50-17-665. (A) When taking shrimp over bait, there is a catch limit of not more than forty-eight quarts of whole shrimp or twenty-nine quarts of headed shrimp, for each set of poles a day. When no bait is being used, the catch limit is forty-eight quarts of whole shrimp or twenty-nine quarts of headed shrimp for each boat a day or for each person when no boat is used. When a seine or seines are being used to take shrimp, one catch limit is allowed a day among the persons using the seines. As used in this section, a day means sunrise on one day to sunrise on the following day.

(B) It is unlawful for any person to have in his immediate control or possession more than forty-eight quarts of whole shrimp or twenty-nine quarts of headed shrimp while on the waters or the lands immediately adjacent to the waters. The possession limit is ninety-six quarts of whole shrimp or fifty-eight quarts of headed shrimp. This subsection does not apply to any commercial fisherman transporting his catch to a licensed seafood dealer or to any licensed dealer distributing his product.

(C) Any person who violates the provisions of this section:

(1) by taking more than forty-eight quarts of whole shrimp or more than twenty-nine quarts of headed shrimp or for exceeding the lawful possession limit while not on the waters or the lands immediately adjacent is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days, and the entire catch must be seized and forfeited as provided in Section 50-17-650. If the shrimp involved in the violation were caught over bait, his privilege to catch shrimp over bait must be suspended for two years from the date of conviction;

(2) for a second or subsequent offense of possession of any number of quarts of shrimp over the lawful daily catch limit or possession limit is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days. In addition, the boat, motor, trailer, rigging, coolers, fishing devices, and the entire catch must be seized and forfeited as provided in Section 50-17-650. If the shrimp involved in the violation were caught over bait his privilege to catch shrimp over bait must be suspended for two years from the date of

conviction. No part of the fines provided in this section may be suspended.

Section 50-17-670. Every boat licensed by the department to trawl for shrimp in this State, at the time of the issuance of the license, must be assigned by the department a number under which the boat must be registered and operated. The number so assigned to any such boat must be of distinctive numerals of such 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.

Section 50-17-675. Any boat operating during the closed season in areas permitted for shrimp trawling under Sections 50-17-610 and 50-17-615, or during times declared to be unlawful for shrimp trawling under Section 50-17-640, or operating in areas not permitted by law at any time, which does not have its nets, trawl, or other device, contrivance or appliance for scooping or otherwise taking shrimp, completely up and wholly within the boat is illegally trawling for shrimp under Section 50-17-616, 50-17-640, or 50-17-645. The trawl doors or otter boards may be hanging from the boom or outriggers if the net, trawl, or other device is on board the vessel. The provisions of this section do not affect any of the provisions of Section 50-17-740.

Section 50-17-681. It is unlawful for any fisherman to dump refuse from any type net at any time in the Atlantic Ocean from the southern tip of Pawley's Island in Georgetown County to the North Carolina state line within one mile from shore of any county in Game Zones 7 and 9.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than five thousand dollars nor less than

one thousand dollars or by imprisonment for not exceeding six months nor less than thirty days.

Article 7

Crabs

Section 50-17-710. It is unlawful for any person to catch, hold, have in his possession, or offer for sale any female crab bearing eggs visible thereon or any female crab from which the egg pouch or bunion has been removed. Nothing in this section may be construed to make it unlawful to catch such crabs unintentionally if they are forthwith, while still alive, returned to the water.

The provisions of this section do not apply to the importation of female sponge crabs from other coastal states where the taking and possession of such crabs is lawful if a permit for that purpose is obtained from the department and each shipment or load of such imported female sponge crabs has with it either an invoice from a licensed harvester in a state which legally allows their taking or a certificate from that state's appropriate agency verifying that the crabs were taken legally.

Section 50-17-720. 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 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 crabs for the purpose of placing them in floats or tanks to shed into soft shell crabs.

Conservation officers may inspect for violations of laws contained in this title pertaining to blue crabs only prior to the processing of the crabs.

Section 50-17-721. It is lawful for crab processors licensed under the laws of this State to import blue crabs of less than the minimum size limit specified by Section 50-17-720 from other states. A permit for this purpose must be obtained from the department. Each shipment or load of imported crabs must have with it either an invoice from a licensed harvester or dealer in that state or a certificate from an appropriate agency verifying that the crabs were taken in that state.

Section 50-17-725. (A) It is unlawful for any person to possess except for purposes of lawful removal of claws or transport any intact stone crab (Menippe mercenaria) or stone crab body, whether alive or dead. Only the larger of the two claws of any stone crab may be removed, with the live crab being returned immediately to the water. It is unlawful to remove either claw from any female stone crab bearing eggs visible thereon, and these crabs must be returned alive to the water immediately.

(B) It is unlawful to possess, sell, or offer for sale any stone crab claw which has a forearm (propodus) of less than two and three-quarters inches in length, measured by a straight line from the elbow to the tip of the lower immovable claw finger. The forearm (propodus) is defined as the largest section of the claw assembly, having both a movable and immovable finger and located farthest from the body of the crab.

(C) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-17-100.

Section 50-17-730. As used in this section:

(1) 'Peeler crab' means a blue crab (Callinectes sapidus), having a new soft shell fully developed under the hard shell and having a definite white, pink, or red line or rim on the outer edge of the back fin or flipper.

(2) 'Soft shell crab' means a peeler crab which has recently shed its hard shell.

Notwithstanding the provisions of Section 50-17-720, any person engaged in the catching, taking, or transporting of peeler crabs or in shedding peeler crabs for the purpose of producing soft shell crabs is required to have a valid permit or identification card issued by the Division of Marine Resources.

Permits under this section must be issued only to bona fide dealers engaged in shedding peeler crabs and in possession of a valid license as provided in Section 50-17-180. The permits must be in addition to any other licenses and permits required by law. The fee for each permit is seventy-five dollars annually for the license period beginning July first. Identification cards may be issued to a permit holder under this section to be used by persons employed by him to catch and transport peeler crabs to his shedding operation.

The department has authority to inspect the business premises of any person engaged in shedding peeler crabs.

On each permit issued under this section the division has the authority to specify:

(a) the area from which peeler crabs may be caught or taken by gear other than crab pots;

(b) the types of gear or fishing equipment which may be used to take peeler crabs;

(c) catch reporting requirements;

(d) boat identification requirements;

(e) any other provisions the division considers necessary to carry out the provisions of this section.

Any person violating the provisions of this section or any of the permit conditions of the division is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned thirty days. Upon conviction for a second offense, any permits issued under this section must be suspended for thirty days. Any boat, with its equipment and rigging found engaged in the taking of peeler crabs after the permits have been suspended, must be confiscated and, upon conviction, must be sold as prescribed in Section 50-17-650.

Section 50-17-740. It is lawful to trawl for crabs within the sounds and bays and seaward to the territorial sea limit during the months of December, January, February, and March of each year. The commission may declare these areas, or any portion of them, closed to crab trawling for specified periods during these months when considered in the best interest of conservation of marine resources. It is unlawful to have aboard any boat so trawling for crabs a net having a mesh of less than four inches.

Section 50-17-745. In the normal, lawful process of trawling for shrimp commercially, the operators of a shrimp trawler may retain and market lawful size and species of crabs incidental to trawling for shrimp from the first day of June through November of each year.

Section 50-17-750. No trawling for crabs may be done with a net or a bag with a mesh of less than four inches, and chafing gear of any sort must be confined to not more than one-half the circumference of the tail bag.

Section 50-17-760. It is unlawful to set or use any trap or basket commonly termed a 'crab pot' to catch crab for commercial purposes within the tributaries, between the headlands, and within Chechessee Creek in Beaufort County and between May first and October first within Pawley's Island Creek and Midway Creek on Pawley's Island in Georgetown County. Individuals may set two crab pots to catch crabs for personal consumption and not for sale.

Section 50-17-770. 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.

Section 50-17-780. The department may not issue any commercial licenses or permits for harvesting crabs to a resident of any state which prohibits the sale of commercial crab licenses to South Carolina residents, the provisions of Sections 50-17-210 and 50-17-150 notwithstanding.

Section 50-17-790. Any person violating the provisions of this article, except Section 50-17-730, upon conviction, must be punished as provided in Section 50-17-100.

Article 8

Shad, Herring, and Sturgeon

Section 50-17-805. Any person fishing for shad, herring, or sturgeon in either fresh or saltwaters of the State must obtain the applicable licenses required under Section 50-17-180, 50-17-210, or 50-17-240 but is not required to obtain the commercial freshwater fishing licenses provided under Article 6 of Chapter 13 of this title.

Section 50-17-810. It is unlawful to catch, buy, sell, or ship white shad or hickory shad between the twenty-fifth day of March or the Saturday before Easter Sunday, whichever comes later in each year, and the first day of February in the following year, except that:

(1) From a point forty river miles from the mouth of any stream in which shad may run on to the waters of its source the closed season for shad is from the thirtieth day of April in each year until the first day of February of the following year, the point forty river miles from the mouth of the Combahee River being designated as Rose Hill, from the mouth of the Waccamaw River in Horry County being designated as the junction of Big Bull Creek and the Waccamaw River, from the mouth of the Pee Dee River being designated as the bridge on Highway 701 across such river and on Yauhannah Lake being designated as the bridge on Highway 701 across Yauhannah Lake, but on the Edisto River the closed season for the taking of shad is from April twentieth in each year until February first of the following year from the mouth of Penny Creek to the headwaters of the Edisto River.

(2) On Black River the closed season for fishing for shad with skimbow or pump nets for noncommercial purposes is from May first of each year until February first of the following year.

(3) From the first day of February to the first day of May in each year, it is lawful to use bow, skimbow, or pump nets to catch shad for noncommercial purposes.

(4) It is lawful to catch white or hickory shad for noncommercial purposes by the use of a hook and line, including rod and reel, between the first day of February and the first day of May of each year if the individual has first procured the regular state fishing license.

(5) On the Savannah River the open season for shad is from January fifteenth through April fifteenth except that shad fishing is prohibited in Back River and the North Channel of the Savannah River downstream from New Savannah Cut, as posted.

(6) No shad may be taken by gill net in the Santee River or any of its tributaries upstream from South Carolina Highway 41; except that beginning at 7:00 p.m. on Tuesday and Thursday until 6:00 a.m. the following day of one week and beginning at 7:00 p.m. on Wednesday and Friday until 6:00 a.m. the following day of the following week, alternately, shad may be taken by gill net in the Santee River and its tributaries upstream from South Carolina Highway 41 to South Carolina Highway 52. If the taking of shad between Highways 41 and 52 is determined to be hazardous to the striped bass fishery by the department, it may close the waters to shad fishing by emergency regulation.

Section 50-17-811. In Game Zone 7 the open season for catching of shad is from the first day of February to the fourth day of May.

Section 50-17-812. During the open season it is unlawful to catch shad or set any seine or net or any other device for shad from:

(1) twelve o'clock noon on Saturday until twelve o'clock noon on the Monday following, except with skimbow nets for noncommercial purposes on the Black River or Great Pee Dee River; or

(2) twelve o'clock noon on Saturday until twelve o'clock noon on the Tuesday following on the Edisto River except with skimbow nets for noncommercial purposes.

Section 50-17-813. It is lawful to set nets for the catching of shad in Game Zones 5 and 8 from Wednesday noon until one hour after official sundown on Sunday during the open season. Notwithstanding the provisions of Section 50-13-530 in Game Zones 5 and 8 seines, nets, and other plans or devices may be used on Saturdays and Sundays in the muddy streams, creeks, and inland waters of the zone.

Section 50-17-814. During the open season it is unlawful to use or set any seine or net or any other like device for catching shad in the Savannah River upstream of Interstate Highway 95 on Sundays, Mondays, and Tuesdays.

During the open season it is unlawful to use or set any seine or net or any other like device for catching shad in the Savannah River downstream of Interstate Highway 95 on Saturdays, Sundays, and Mondays.

Section 50-17-815. In Game Zones 7 and 9 it is unlawful to set nets to catch shad from Saturday noon until Monday noon during the open season.

Section 50-17-816. In Game Zone 10 it is unlawful to catch shad or set any seine or net or other device for the taking of shad from twelve noon on Sunday until twelve noon on the Tuesday following during the open season, except with skimbow nets for noncommercial purposes on the Black or Great Pee Dee Rivers within such game zones.

Section 50-17-817. It is lawful to use nets for catching shad in the Santee River from Monday noon until Saturday noon during the open season.

Section 50-17-820. It is lawful to fish for shad with a drift net measuring not more than one-half the width of the stream between the mouth of the Waccamaw River and Butler's Island in Georgetown County.

Section 50-17-830. The department may establish open and closed seasons, size limits, times, and areas for the taking of Atlantic sturgeon (Acipenser oxyrhynchus) in the waters of the State. Any person taking, catching, having in possession, buying, or selling any Atlantic sturgeon of less than or in excess of the size limits established, during the closed seasons or times, or in the closed areas established by the department is guilty of a violation of this section.

Any sturgeon taken during the closed season or times or in the closed areas established by the division must be released immediately in the waters where caught.

In addition to the penalties provided in Section 50-17-100, the catch, nets, and boats of any person accused of violating the provisions of this section must be seized and, upon conviction, sold as prescribed in Section 50-17-650.

Section 50-17-835. Notwithstanding the provisions of Section 50-17-830, it is unlawful for anyone to catch in the waters of this State, or to buy, sell, or ship short-nose sturgeon (Acipenser brevirostris).

Section 50-17-840. It is unlawful to fish with gill nets, anchor nets, stake row nets, or pound nets in an area of the Atlantic Ocean off Winyah Bay described as follows: within three nautical miles of the midpoint of a line extending from the point where the north jetty of Winyah Bay intersects the beach of North Island running in a southwesterly direction to the point where the south jetty of Winyah Bay intersects the beach of Sand Island; including all waters between the jetties. It is lawful to fish for Atlantic sturgeon in the area previously described with nets having a mesh size in compliance with Section 50-17-880 from February fifteenth through April fifteenth of any year. In addition to penalties provided in Section 50-17-100, the catch, nets, and boats of any person accused of violating the provisions of this section must be seized and, upon conviction, disposed of as provided in Section 50-17-650, except the provisions relating to redemption do not apply.

Section 50-17-850. The department shall issue 'sets' for the catching of shad on the South Carolina side of the Savannah River.

'Sets' means points on the banks of the river at which fishermen have the exclusive right to place nets.

Persons wishing to obtain 'sets' shall apply to the Wildlife and Marine Resources Department on the first day of July of each year under the following terms and conditions:

(1) 'sets' must be issued at the time commercial licenses are purchased and only to persons who acquire necessary licenses;

(2) not more than two 'sets' may be issued to one household;

(3) any person holding a 'set' in the previous year is entitled to reissuance of the same 'set' between July first and July fifteenth of each year;

(4) after July fifteenth of each year 'sets' must be issued in the order for which they are applied and all applicants shall appear in person to apply;

(5) the department may prescribe such other rules and conditions for the issuance of 'sets' as necessary to provide proper control of 'set' fishing.

Section 50-17-855. The department shall issue 'sets' for the catching of shad in the Edisto River between the trestle of the Seaboard Coast Line Railroad (formerly Atlantic Coast Line) near Jacksonboro south to the trestle of the Seaboard Coast Line Railroad (formerly the Seaboard Air Line) under the following terms and conditions:

(1) 'sets' must be issued at the time commercial licenses are purchased and only to persons who acquire necessary licenses;

(2) not more than two 'sets' may be issued to one household;

(3) any person holding a 'set' in the previous year is entitled to reissuance of the same 'set' between July first and July fifteenth of each year;

(4) after July fifteenth of each year, 'sets' must be issued in the order for which they are applied and all applicants must appear in person to apply for the 'sets';

(5) the department shall designate certain areas for the use of drift nets between the above-mentioned trestles and no 'sets' may be issued for those areas; and

(6) the department may prescribe other rules and conditions for the issuance of 'sets' as necessary to provide proper control of 'set' fishing.

Section 50-17-860. No nets for catching shad may be used with a mesh of less than five and one-half inches nor extending more than halfway across any stream nor within two hundred yards of any net previously set and no cable line or any other device used for the support of the nets may extend over halfway across any stream, nor is it lawful to set any nets for catching shad in lakes or coves tributary to any stream, whether navigable or not, except that a net of a size no larger than five and one-half inch stretch mesh but not less than four and one-half inch stretch mesh may be used in the Savannah River. No net or seine may be used in the muddy waters of any river within twenty-five yards of the mouth of any clearwater stream emptying into such river. In the Edisto River north of U. S. Highway 15 nets with a mesh of not less than four and one-half inches may be used.

Section 50-17-865. The provisions of Sections 50-17-810 and 50-17-860 do not apply to the use between February first and April twentieth of each year of bow nets or revolving dip traps operated on the Great Pee Dee River between Cheraw and the North Carolina line and between Cheraw and Yauhannah Bridge over the Great Pee Dee River and on the tributaries of such river where the tributaries enter the river between Cheraw and the bridge and on the Black River and its tributaries between Skinners Ferry Bridge on the Black River up the river and tributaries to their sources.

Section 50-17-867. (A) It is unlawful to fish for shad with a net measuring more than two hundred yards from the mouth of the Black or Waccamaw Rivers to the forty-mile limit. No such net may extend more than halfway across these streams.

(B) Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, for a first offense must be fined not less than twenty-five dollars nor more than one hundred dollars; for a second offense not less than fifty dollars nor more than one hundred dollars; and for a third offense not less than one hundred dollars.

Section 50-17-870. It is lawful to use gill nets having a mesh size no smaller than two and one-half inches and no greater than three inches, stretched mesh, for the taking of herring from February fifteenth through April fifteenth on Wednesday, Thursday, Friday, and Saturday only during any week of the open season in the following areas:

(1) on the Great Pee Dee, Old River around Bird Island, and Louders Lake in Darlington County and the Lynches River in Florence County;

(2) on the Sampit, Waccamaw, and Black Rivers in Game Zone 9;

(3) in Williamsburg County.

Section 50-17-880. No net with mesh less than ten inches may be used for catching sturgeon.

Section 50-17-886. It is unlawful for any person to leave his shad or sturgeon net on the banks of streams of this State more than three days after the closed season for the catching of shad or sturgeon.

Section 50-17-887. The finding of any net or seine with decomposed shad or sturgeon therein constitutes a sufficient ground for forfeiture of the net or seine and of the license of the owner.

Section 50-17-890. All persons engaged in buying, shipping, and selling shad or sturgeon shall keep records as prescribed by the department and shall make monthly reports as prescribed by that department.

Section 50-17-895. Any person, upon conviction of violation of the provisions of this article, must be punished as provided in Section 50-17-100.

Article 9

Terrapin

Section 50-17-910. It is unlawful for any person to take, purchase, or possess diamondback terrapin between the first day of April and the fifteenth day of July, inclusive, in each year, except such as are left over from the open season of which report must be rendered on oath on or before the tenth day of April showing the number and kind of diamondback terrapin so left over. Failure to render such a report is considered conclusive that none were left over, and any found in the persons' possession in excess of the ones reported are conclusively considered to have been received in violation of this section. The reports of leftover terrapin must show the location of the diamondback terrapin.

Section 50-17-920. The taking, detention, possession, purchase, or sale of diamondback terrapin less than five inches in length measured on the medial line of the bottom of the shell is unlawful.

Section 50-17-940. All diamondback terrapin taken in this State in violation of any of the provisions of the Coastal Fisheries Laws is contraband and, in addition to the penalty as provided in this chapter for the person violating such provision, the terrapin must be returned to the public waters.

Section 50-17-950. Any person convicted of violation of the provisions of this article must be punished as provided in Section 50-17-100.

Article 10

Restricted Areas

Section 50-17-1010. There are established as restricted areas the following areas or portions of the coastal and ocean beds of Beaufort, Charleston, and Colleton Counties:

(1) that portion or area lying northeast of the north jetty at the mouth of Charleston harbor and the line of said north jetty extended one-half mile into the ocean and lying southwest of a line running southeast (true), starting at a point on the northeast shore of the inlet known as Dewees Inlet on the Dewees Island side of said inlet, which point is where the northeast shore of such inlet at mean high water intersects the ocean beach line of Dewees Island, and which line runs from such point southeast (true) one-half mile into the ocean, the area so designated being all that lies to the southeast of the ocean beaches or shores of Sullivan's Island and the Isle of Palms and southeast of such beach lines extended across all intervening inlets or breaks in the beach lines and between the two lines hereinabove designated and extending one-half mile into the ocean;

(2) that portion or area lying southwest of a line running due southeast (true), starting at a point on the southwest shore of the inlet known as Morris Island Lighthouse Inlet on the Folly Island side of such inlet, which point is where the southwest shore of such inlet at mean high water intersects the ocean beach line of Folly Island, and which line runs from such point southeast (true) one-half mile into the ocean, and lying northeast of a line running southeast (true), starting at a point where West Sixth Street intersects the ocean beach of Folly Island, and which line runs from such point southeast (true) one-half mile into the ocean,

the area so designated being all that lies to the southeast of the ocean beach or shore of Folly Island between the two lines hereinabove designated and extending one-half mile into the ocean; provided, that the southwest end of the aforesaid area from Stono Inlet to West Sixth Street is unrestricted to within a quarter mile of the beach at the low-water mark; and

(3) that portion or area lying northeast of a line running due southeast (true), starting at a point on the northeast shore of the mouth of South Edisto River on the Edisto Island side of such inlet, at the place now known as Edisto Beach, formerly as McConkey's Beach, which point is where the northeast shore of such river at its mouth at mean high water intersects the ocean beach line of Edisto Beach, and which line runs from such point southeast (true) one-half mile into the ocean, and lying southwest of a line running southeast (true), starting at a point on the southwest shore of the inlet known as Frampton's Inlet on the Edingsville Beach side of such inlet, which point is where the southwest shore of such inlet at mean high water intersects the ocean beach line of Edingsville Beach on Edisto Island, and which line runs from said point southeast (true) one-half mile into the ocean, the area so designated being all that lies to the southeast of the ocean beaches or shores of Edisto Island known as Edisto Beach and Edingsville Beach and between the two lines hereinabove designated and extending one-half mile into the ocean;

(4) that area within one-quarter mile of the shores of the ocean beaches of Hunting Island and within one-quarter mile of the beach of Hilton Head from Braddock Cove along the beach to Fish Haul Creek in Beaufort County.

The areas described in this section are restricted only from May fifteenth through September fifteenth of each year.

Section 50-17-1020. It is unlawful to use a trawl net within one-half mile from shore in any county in Game Zones 7 and 9 from the southern tip of Pawley's Island in Georgetown County to the North Carolina state line. However, trawl nets may be used in any waters of the Atlantic Ocean adjacent to Georgetown County from September fifteenth through December thirty-first of each year.

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, or both. Any boat used in violation of this section, including its rigging, equipment, and catch, must be seized. The catch must be sold and the proceeds of the sale must be held pending the final disposition of the case. Upon conviction, the boat, rigging, and equipment must be sold or redeemed as provided for under Section 50-17-650.

Section 50-17-1030. Any person who trawls, drags, or tows or causes or permits to be dragged or towed behind any boat or vessel powered by gas, steam, electricity, or oil, sail, or any motive power other than manpower with oars or poles any trawl or net or other device, contrivance, or appliance for scooping or otherwise taking shrimp, fish, or other forms of marine life upon or over the ocean bed or in the waters over the ocean bed within any of such restricted areas or who causes, suffers, or permits any such boat or vessel owned or operated by the person or the crew thereof to trawl or drag as aforesaid within any part of the areas and any person or member of the crew engaging or participating in the same is guilty of a violation of this section and, upon conviction, must be fined not less than twenty-five dollars or imprisoned for not more than thirty days for the first offense and for the second and each subsequent offense fined not less than one hundred and ten dollars nor more than two hundred and fifty dollars or imprisoned for not less than thirty nor more than sixty days.

Section 50-17-1040. Notwithstanding the provisions of subsection (3) of Section 50-17-1010, it is unlawful to trawl for shrimp within one-fourth of a mile of the mean low-water mark opposite Edisto Beach in Charleston and Colleton Counties between the points of Frampton Inlet and State Highway No. 174.

Section 50-17-1050. Any person dragging or towing behind any boat or vessel described in Section 50-17-1030 any net, trawl, or other device or appliance within any of the restricted areas, whether or not such net, trawl, or other device or appliance is at the time actually in contact with the ocean bottom or not and whether it is being used at the time for the catching of shrimp, fish, or other form of marine life or for the purpose of washing or cleaning the net or not, is guilty of a violation of this article and is subject to the penalties prescribed in Section 50-17-1030.

Section 50-17-1060. All areas of the coastal waters of Charleston County lying outside of the creeks, rivers, inlets, bays (Bull Bay excepted),harbors, and sounds or other inland waters, otherthan and excepting the areas specifically set apart in this article, are open to the use of trawling boats and vessels under regulations as provided by law."

Time effective

SECTION 3. This act takes effect July 1, 1988.




Legislative Services Agency
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