H*3957 Session 124 (2021-2022)
H 3957 {Rat #111, Act #91 of 2021} General Bill, By Hewitt, Kirby, Bailey and G.M.Smith
AN ACT TO AMEND SECTIONS 50-5-1705 AND 50-5-1710, BOTH AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH AND SIZE LIMITS FOR THE
TAKING, POSSESSING, LANDING, SELLING, OR PURCHASING OF CERTAIN FISH FROM THE
STATE'S WATERS, SO AS TO DECREASE THE CATCH LIMIT AND INCREASE THE SIZE LIMIT
FOR FLOUNDER; TO AMEND SECTION 50-9-540, RELATING TO RECREATIONAL SALTWATER
FISHING LICENSES AND CHARTER FISHING VESSELS, SO AS TO INCREASE CERTAIN FEES
AND TO CREATE AND ELIMINATE CERTAIN LICENSES; TO AMEND SECTION 50-9-920, AS
AMENDED, RELATING TO REVENUES GENERATED BY CERTAIN LICENSES, SO AS TO REQUIRE
THAT A PORTION BE USED FOR THE DEVELOPMENT AND IMPLEMENTATION OF A FLOUNDER
STOCKING PROGRAM; AND TO REQUIRE THE DEPARTMENT OF NATURAL RESOURCES PROVIDE A
REPORT ON SOUTH CAROLINA'S STOCK OF FLOUNDER. - ratified title
02/23/21 House Introduced and read first time (House Journal-page 40)
02/23/21 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs
(House Journal-page 40)
03/11/21 House Committee report: Favorable with amendment
Agriculture, Natural Resources and Environmental
Affairs (House Journal-page 3)
03/16/21 House Amended (House Journal-page 18)
03/16/21 House Read second time (House Journal-page 20)
03/16/21 House Roll call Yeas-106 Nays-3 (House Journal-page 21)
03/17/21 House Read third time and sent to Senate
(House Journal-page 22)
03/17/21 Senate Introduced and read first time (Senate Journal-page 8)
03/17/21 Senate Referred to Committee on Fish, Game and Forestry
(Senate Journal-page 8)
04/22/21 Senate Committee report: Favorable with amendment Fish,
Game and Forestry (Senate Journal-page 9)
05/04/21 Senate Committee Amendment Adopted (Senate Journal-page 22)
05/04/21 Senate Roll call Ayes-43 Nays-1 (Senate Journal-page 22)
05/06/21 Senate Read third time and returned to House with
amendments (Senate Journal-page 19)
05/12/21 House Senate amendment amended (House Journal-page 29)
05/12/21 House Returned to Senate with amendments
(House Journal-page 29)
05/12/21 House Roll call Yeas-109 Nays-4 (House Journal-page 30)
05/13/21 Senate Non-concurrence in House amendment
(Senate Journal-page 27)
05/13/21 House House insists upon amendment and conference
committee appointed Reps. Lowe, Hewitt,
Pendarvis (House Journal-page 47)
05/13/21 Senate Conference committee appointed Campsen,
Goldfinch, McElveen (Senate Journal-page 28)
06/08/21 Senate Free conference powers granted (Senate Journal-page 46)
06/08/21 Senate Free conference committee appointed Campsen,
Goldfinch, McElveen (Senate Journal-page 46)
06/08/21 Senate Free conference report received and adopted
(Senate Journal-page 46)
06/08/21 Senate Roll call Ayes-42 Nays-0 (Senate Journal-page 46)
06/08/21 House Free conference powers granted (House Journal-page 71)
06/08/21 House Roll call Yeas-111 Nays-1 (House Journal-page 72)
06/08/21 House Free conference committee appointed Lowe,
Hewitt, Pendarvis (House Journal-page 73)
06/08/21 House Free conference report adopted (House Journal-page 73)
06/08/21 Senate Ordered enrolled for ratification
06/09/21 Ratified R 111
06/15/21 Signed By Governor
06/22/21 Effective date 07/01/21
06/22/21 Act No. 91
H. 3957
(A91, R111, H3957)
AN ACT TO AMEND SECTIONS 50-5-1705 AND 50-5-1710, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH AND SIZE LIMITS FOR THE TAKING, POSSESSING, LANDING, SELLING, OR PURCHASING OF CERTAIN FISH FROM THE STATE'S WATERS, SO AS TO DECREASE THE CATCH LIMIT AND INCREASE THE SIZE LIMIT FOR FLOUNDER; TO AMEND SECTION 50-9-540, RELATING TO RECREATIONAL SALTWATER FISHING LICENSES AND CHARTER FISHING VESSELS, SO AS TO INCREASE CERTAIN FEES AND TO CREATE AND ELIMINATE CERTAIN LICENSES; TO AMEND SECTION 50-9-920, AS AMENDED, RELATING TO REVENUES GENERATED BY CERTAIN LICENSES, SO AS TO REQUIRE THAT A PORTION BE USED FOR THE DEVELOPMENT AND IMPLEMENTATION OF A FLOUNDER STOCKING PROGRAM; AND TO REQUIRE THE DEPARTMENT OF NATURAL RESOURCES PROVIDE A REPORT ON SOUTH CAROLINA'S STOCK OF FLOUNDER.
Be it enacted by the General Assembly of the State of South Carolina:
Flounder catch limit
SECTION 1. Section 50-5-1705(G) of the 1976 Code is amended to read:
"(G) It is unlawful for a person to take or possess more than five flounder (Paralichthys species) taken by means of gig, spear, hook and line, or similar device in any one day, not to exceed ten flounder in any one day on any boat."
Flounder size limit
SECTION 2. Section 50-5-1710(B)(2) of the 1976 Code is amended to read:
"(2) flounder (Paralichthys) of less than sixteen inches total length;"
Recreational saltwater fishing license and charter vessel license
SECTION 3. Section 50-9-540(A) and (D) of the 1976 Code is amended to read:
"(A) For the privilege of recreational statewide fishing in saltwater:
(1) a resident must purchase:
(a) a fourteen-day temporary saltwater fishing license for ten dollars, one dollar of which the issuing sales vendor may retain;
(b) an annual saltwater fishing license for fifteen dollars, one dollar of which the issuing sales vendor may retain;
(c) a three-year saltwater fishing license for forty-five dollars, one dollar of which the issuing sales vendor may retain;
(d) a lifetime statewide saltwater fishing license for three hundred dollars at designated licensing locations; or
(e) any other license which grants saltwater fishing privileges;
(2) a nonresident must purchase:
(a) a one-day temporary saltwater fishing license for ten dollars, one dollar of which the issuing sales vendor may retain;
(b) a seven-day temporary saltwater fishing license for thirty-five dollars, one dollar of which the issuing sales vendor may retain;
(c) an annual saltwater fishing license for seventy-five dollars, one dollar of which the issuing sales vendor may retain; or
(d) any other license which grants saltwater fishing privileges.
(D) For the privilege of operating a charter fishing vessel in the salt waters of this State, the owner or operator must purchase an annual charter vessel license for each vessel. For a vessel:
(1) to carry six or fewer passengers, the fee is two hundred seventy-five dollars for residents and five hundred fifty dollars for nonresidents;
(2) to carry seven but no more than forty-nine passengers, the fee is four hundred fifty dollars for residents and nine hundred dollars for nonresidents;
(3) to carry fifty or more passengers, the fee is six hundred fifty dollars for residents and one thousand three hundred dollars for nonresidents."
Flounder stocking program funding
SECTION 4. Section 50-9-920(C) of the 1976 Code, as last amended by Act 263 of 2018, is further amended to read:
"(C) Revenue generated from the sale of recreational and commercial marine licenses, permits, and tags shall be deposited to the Marine Resources Fund. Revenue generated from the sale of recreational licenses, permits, and tags must be distributed in accordance with the provisions of Sections 50-9-960 and 50-9-965, provided that a minimum of five dollars from the sale of each recreational saltwater fishing license must be used for the development and implementation of a flounder stocking program."
Repeal
SECTION 5. SECTION 1 of this act is repealed on June 30, 2024, and the text amended by that SECTION shall revert back to the language contained in the South Carolina Code of Laws as of January 1, 2020.
Flounder report
SECTION 6. The Department of Natural Resources shall furnish a written report to the General Assembly on South Carolina's stock of flounder by December 31, 2023. The report must provide future projections.
Time effective
SECTION 7. This act takes effect on July 1, 2021.
Ratified the 9th day of June, 2021.
Approved the 15th day of June, 2021.
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