S*1087(Rat #0272, Act #0245 of 2012)  General Bill, By Jackson, Cromer, Grooms, 
Ford, Scott, Elliott, Setzler, Land, Pinckney, Anderson, Ryberg, Matthews, 
Rankin and Verdin

Similar(H 4788)
 AN ACT TO AMEND SECTION 50-9-730, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE ABILITY OF THE DEPARTMENT OF NATURAL RESOURCES TO DESIGNATE
 "FREE FISHING DAYS" AND SANCTION FISHING EVENTS EXEMPT FROM FISHING LICENSE
 REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT TO
 DESIGNATE "FREE FISHING DAYS", TO DESIGNATE JULY FOURTH AND NATIONAL MEMORIAL
 DAY AS DAYS WHEN A RESIDENT IS NOT REQUIRED TO POSSESS A LICENSE OR PERMIT FOR
 FRESHWATER RECREATIONAL FISHING, TO LIMIT DEPARTMENT-SANCTIONED EVENTS THAT
 ARE EXEMPT FROM FISHING LICENSE REQUIREMENTS TO FRESHWATER EVENTS, TO EXEMPT
 CERTAIN COMMERCIAL FISHERMEN FROM THE PROVISIONS OF THIS SECTION, AND TO
 DIRECT THE DEPARTMENT TO DESIGNATE TWO DAYS A YEAR AS "FREE HUNTING DAYS"; TO
 AMEND SECTION 50-1-160, RELATING TO THE RELEASE OF SEIZED PROPERTY TO AN
 INNOCENT OWNER BY THE DEPARTMENT, SO AS TO CLARIFY APPLICATION OF THE SECTION
 TO PROPERTY SEIZED FOR A VIOLATION OF TITLE 50; AND TO AMEND SECTION 50-9-410,
 AS AMENDED, RELATING TO CIRCUMSTANCES IN WHICH A COMMERCIAL FISHING LICENSE IS
 REQUIRED, SO AS TO MODIFY SPECIFICS PERTAINING TO TROTLINES, TAGS, AND HOOKS.
 - ratified title

   01/11/12  Senate Introduced and read first time (Senate Journal-page 4)
   01/11/12  Senate Referred to Committee on Fish, Game and Forestry
                     (Senate Journal-page 4)
   02/22/12  Senate Committee report: Favorable with amendment Fish,
                     Game and Forestry (Senate Journal-page 13)
   02/23/12  Senate Committee Amendment Adopted (Senate Journal-page 33)
   02/23/12  Senate Read second time (Senate Journal-page 33)
   02/23/12  Senate Roll call Ayes-31  Nays-0 (Senate Journal-page 33)
   02/28/12  Senate Read third time and sent to House
                     (Senate Journal-page 22)
   02/29/12  House  Introduced and read first time (House Journal-page 7)
   02/29/12  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 8)
   05/23/12  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 6)
   05/29/12  House  Debate adjourned (House Journal-page 19)
   05/30/12  House  Debate adjourned until Thur., 05-31-12
                     (House Journal-page 28)
   05/31/12  House  Amended
   05/31/12  House  Read second time (House Journal-page 39)
   05/31/12  House  Roll call Yeas-95  Nays-2 (House Journal-page 40)
   05/31/12  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 41)
   06/01/12  House  Read third time and returned to Senate with
                     amendments (House Journal-page 2)
   06/06/12  Senate Concurred in House amendment and enrolled
                     (Senate Journal-page 101)
   06/06/12  Senate Roll call Ayes-39  Nays-0 (Senate Journal-page 101)
   06/12/12         Ratified R 272
   06/18/12         Signed By Governor
   06/25/12         Effective date 07/01/12
   06/27/12         Act No. 245

(A245, R272, S1087)

AN ACT TO AMEND SECTION 50-9-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABILITY OF THE DEPARTMENT OF NATURAL RESOURCES TO DESIGNATE "FREE FISHING DAYS" AND SANCTION FISHING EVENTS EXEMPT FROM FISHING LICENSE REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT TO DESIGNATE "FREE FISHING DAYS", TO DESIGNATE JULY FOURTH AND NATIONAL MEMORIAL DAY AS DAYS WHEN A RESIDENT IS NOT REQUIRED TO POSSESS A LICENSE OR PERMIT FOR FRESHWATER RECREATIONAL FISHING, TO LIMIT DEPARTMENT-SANCTIONED EVENTS THAT ARE EXEMPT FROM FISHING LICENSE REQUIREMENTS TO FRESHWATER EVENTS, TO EXEMPT CERTAIN COMMERCIAL FISHERMEN FROM THE PROVISIONS OF THIS SECTION, AND TO DIRECT THE DEPARTMENT TO DESIGNATE TWO DAYS A YEAR AS "FREE HUNTING DAYS"; TO AMEND SECTION 50-1-160, RELATING TO THE RELEASE OF THE SEIZED PROPERTY TO AN INNOCENT OWNER BY THE DEPARTMENT, SO AS TO CLARIFY APPLICATION OF THE SECTION TO PROPERTY SEIZED FOR A VIOLATION OF TITLE 50; AND TO AMEND SECTION 50-9-410, AS AMENDED, RELATING TO CIRCUMSTANCES IN WHICH A COMMERCIAL FISHING LICENSE IS REQUIRED, SO AS TO MODIFY SPECIFICS PERTAINING TO TROTLINES, TAGS, AND HOOKS.

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

July fourth and National Memorial Day exempt from freshwater recreational fishing license and permit requirements, exceptions, "free hunting days" must be established

SECTION    1.    Section 50-9-730 of the 1976 Code is amended to read:

"Section 50-9-730.    (A)    A resident is not required to possess a license or permit for recreational fishing in the freshwaters of this State on the following days:

(1)    the fourth day of July; and

(2)    the date observed by the State for National Memorial Day.

(B)    The department also may designate department-sanctioned fishing events in the freshwaters of the State as exempt from recreational freshwater fishing license requirements. However, the events may not exceed one for each county a year.

(C)    This section does not apply to individuals fishing for a commercial purpose or when a commercial fishing license is required to use certain nongame fishing devices.

(D)    The department must designate two days a year as 'free hunting days' during which state residents may hunt without procuring the necessary licenses and permits. These days need not be consecutive."

Release of seized property to innocent owner

SECTION    2.    Section 50-1-160(A) of the 1976 Code, as added by Act 114 of 2012, is amended to read:

"Section 50-1-160.     (A)    Notwithstanding another provision of law, the department may release a vehicle, boat, motor, or fishing device seized from a person charged with a violation of this title to an innocent owner or lien holder of the property."

Circumstances when commercial fishing license required

SECTION    3.    Section 50-9-410(C) of the 1976 Code, as added by Act 200 of 2010, is amended to read:

"(C)    A commercial freshwater license is required to:

(1)    fish six or more crayfish traps;

(2)    fish three or more eel pots;

(3)    fish an Elver fyke net;

(4)    fish four or more gill nets or a total of more than one hundred yards of net;

(5)    fish two or more hoop nets;

(6)    fish three or more traps;

(7)    fish two or more trotlines;

(8)    acquire more than one trotline tag or fish a trotline with more than fifty hooks;

(9)    take freshwater fish for commercial purposes."

Time effective

SECTION    4.    This act takes effect July 1, 2012.

Ratified the 12th day of June, 2012.

Approved the 18th day of June, 2012.