Section 50-5-100. This chapter may be cited as the 'South Carolina Marine Resources Law'.

Section 50-5-105. As used in this chapter except as specified in Article 19:

(1) 'Anadromous' identifies fish which undertake adult migration from brackish or salt waters into freshwaters to spawn.

(2) 'Bang stick' means any device containing a charge mounted on a spear, pole, or other contrivance which is activated in order to stun or kill fish or other marine resource.

(3) 'Board' means the South Carolina Board of Natural Resources.

(4) 'Bottoms' are all of the lands within this State covered by salt water at mean high tide from the freshwater/saltwater dividing line seaward to the seawardmost limits of the territorial sea.

(5) 'Bull rake' means a rake having a basket and a width greater than twelve inches.

(6) 'Bushel' means one U. S. bushel.

(7) 'Cast net' means nonbaited circular webbing having a weighted peripheral line which is thrown by hand and retrieved by a central line connected to radiating tuck lines attached to the peripheral line.

(8) 'Catadromous' identifies fish which undertake adult migration from freshwater into brackish or salt water to spawn.

(9) 'Channel net' means any conical-shaped, fixed, or stationary net used for taking shrimp which:

(a) is attached to poles, stakes, anchors, buoys, or other fixed objects and;

(b) has a mesh size of less than two and one-half inches when the mesh is stretched; and is also known as a set net.

(10) 'Charter fishing vessel' means a vessel used to transport saltwater recreational fishermen for hire and includes charter, party, and head boats.

(11) 'Commercial equipment' means:

(a) any trawl, haul seine, gill net, channel net, bull rake, seed fork, grabs, escalator, or dredge; and

(b) any net, seine, trap, pot, tongs, rake, fork, trotline, or other device or appliance when used for taking or attempting to take fish for a commercial purpose.

(12) 'Commercial purpose' means:

(a) being engaged in buying or selling fish;

(b) taking or attempting to take fish in order to derive income or other consideration;

(c) using commercial equipment; and

(d) otherwise being engaged in the fisheries industry with the intent to derive income.

(13) 'Conservation of fisheries' means management, regulation, data collection and analysis, permitting, public interactions, enhancement and protection of fisheries stocks and habitat, law enforcement, and research.

(14) 'Conviction' or 'convicted' means adjudication at trial or civil hearing and includes the entry of a plea of guilty, or nolo contendere, or the forfeiture of bail or collateral deposited to secure a defendant's appearance in court.

(15) 'Crustacean' means all forms of crabs, shrimp, crayfish, stone crabs, lobsters, and any other motile fish having a chitonized shell excluding snails and horseshoe crabs.

(16) 'Culch' is oyster shell or other substrate which is purposely placed for propagation of oysters through the attachment of oyster larvae.

(17) 'Cultured live rock' means a type of live rock which has been produced as a result of cultivation under controlled conditions, as in aquaculture operations. Live rock culture specifically entails the deposition of substrate materials for the express purpose of removing the material at a later date for use, sale, or trade as live rock.

(18) 'Department' means the South Carolina Department of Natural Resources unless otherwise stated.

(19) 'Dredge' means equipment used for harvesting bottom dwelling aquatic life which is not a net, and is powered by mechanical means, and is designed to contact the bottom when in operation.

(20) 'Elver' means all American eels (Anguilla rostrata)less than or equal to six inches in total length.

(21) 'Fish' means finfish, shellfish including mollusks, crustaceans, horseshoe crabs, whelks (conchs), turtles, and terrapin or products thereof.

(22) 'Fishing' means all activity and effort involved in taking or attempting to take fish.

(23) 'Fishery and fisheries' means the interactions within and between:

(a) the populations of fish or marine resources being harvested;

(b) the populations of fishermen;

(c) the method, equipment, and effort involved in taking or attempting to take fish;

(d) the processing, transporting, offering for sale, or selling of fish or marine resources; and

(e) the natural resources supporting that interaction.

(24) 'Gig' means any type device used to spear fish by hand; to take fish by hand by use of a prong, spear, or similar device and includes bow and arrow.

(25) 'Gill net' means a net which is designed to hang vertically and capture fish by entanglement usually of the head, gill covers, or preopercles.

(26) 'Haul seine' means a net of twine no smaller than #9 with a stretched mesh size no smaller than two inches and no larger than two and seven-eights inches, one end of which is anchored to the shore and the other end is moved through the water by a vessel to take fish by encircling the fish and then being mechanically drawn to the shore.

(27) 'Herring' means any or all life stages of the anadromous river herrings being blueback herring (Alosa aestivalis) and alewife (Alosa pseudoharengus).

(28) 'Inshore salt waters' means those salt waters of this State between the landward limit of the Atlantic Ocean connected by COLREG demarcation lines, and the freshwater/saltwater dividing line.

(29) 'Landed' or 'to land' means to take and bring a saltwater fish ashore.

(30) 'Live rock' means living saltwater organisms or an assemblage of them attached to a hard substrate including dead coral or rock. Living saltwater organisms associated with hard bottoms, banks, reefs, and live rock include, but are not limited to:

(a) sea anemones (Phylum Cnidaria: Class Anthozoa: Order Actinaria);

(b) sponges (Phylum Porifera);

(c) tube worms (Phylum Annelida) including fan worms, feather duster worms, and Christmas tree worms;

(d) bryozoans (Phylum Bryozoa);

(e) sea squirts (Phylum Chordata); and

(f) marine algae including mermaid's fan and cups (Udotea spp.), corraline algae, green feather and green grape algae (Caulerpa spp.), and watercress (Halimeda spp.).

(31) 'Mariculture' means controlled cultivation in confinement of marine and estuarine organisms in salt waters.

(32) 'Marine resource' means any live, fresh, processed, or frozen whole, part, or portion of any marine organism, anadromous fish, or catadromous fish, to include shell deposits occurring upon or within state-owned bottoms and those lying above the mean high water mark if created by processes of natural accretion upon state-owned lands or bottoms.

(33) 'Mile' means one nautical mile, being six thousand seventy six feet.

(34) 'Minnow trap' means a trap having no opening which has a dimension greater than one inch only when used for taking small finfish for bait.

(35) 'Mollusk' or 'Molluscan' means any member of the phylum Mollusca.

(36) 'Peeler crab' means any hard crab of the blue crab species (Callinectes sapidus) which has a fully formed soft shell beneath the exterior hard shell and exhibits molt signs in the form of red, pink, or white lines just inside the exterior margin of the rear paddle (swimming) legs.

(37) 'Peeler trap' means a trap constructed of one inch or smaller hexagonal wire which is:

(a) unbaited; or

(b) baited with only live male crabs.

(38) 'Pot' has the same definition as 'trap' herein contained.

(39) 'Protected species' means any species with which man's interaction is legally controlled, restricted, or prohibited either continually or periodically.

(40) 'Public fishing pier' means piers open to the public which charge a fee to fish.

(41) 'Recreational fishermen' means persons taking or attempting to take saltwater fish for recreation only, and not for commercial purposes.

(42) 'Salt waters' means all waters of the rivers and their tributaries, streams, and estuaries lying seaward of the saltwater/freshwater dividing lines and all impounded waters seaward of the freshwater/saltwater dividing line which are intermittently filled or drained by the action of the tide.

(43) 'Saltwater privileges' means the privilege of participating or assisting in the taking or attempting to take any saltwater fish or marine resource and includes the privilege to hold any license, permit, or stamp authorizing such activity.

(44) 'Seed fork' means a fork manufactured having seven or more straight or slightly curved tines or having any tine greater than eight inches in length. All tines must be at least one inch apart unless utilized for mariculture harvest.

(45) 'Shad' means American or white shad (Alosa sapidissima) and hickory or skip-jack shad (Alosa mediocris).

(46) 'Shellfish' means oysters, clams, mussels, scallops, and all nonmotile molluscan fish having shells.

(47) 'Shoreline' means the line of mean higher high water along that portion of a land mass which is in direct contact with the waters of the Atlantic Ocean.

(48) 'Shrimp seine' means an unanchored net having a stretched mesh of not less than one inch but no greater than one and three quarters inches, the webbing of which does not exceed forty feet in length or six feet in depth, which is continually moved through the water by human and not mechanical power. Beginning on the date three years following the effective date of this definition 'shrimp seine' means an unanchored net having a stretched mesh of not less than one inch but no greater than one and three quarters inches, the webbing of which does not exceed forty feet in length or six feet in depth, which is continually moved through the water by human and not mechanical power, and which has no tail bag or cod.

(49) 'Shrimp trawl' means any trawl with any netting having a stretch mesh size of less than two and one-half inches.

(50) 'Sponge crab' means a female blue crab bearing visible eggs.

(51) 'State resident' has the same meaning as provided in Chapter 9 of this title unless otherwise indicated.

(52) 'State waters' extend to the seaward limit of the territorial sea.

(53) 'Striker' means a person, other than a licensed saltwater commercial fisherman, who under immediate supervision assists a licensed commercial saltwater fisherman on a vessel which is engaged in commercial fishing.

(54) 'Take' means to harass intentionally, hunt, capture, gather, harvest, remove, catch, wound, or kill or attempt to harass, hunt, capture, gather, harvest, remove, catch, wound, or kill.

(55) 'Territorial sea' means that portion of the Atlantic Ocean under the jurisdiction of the State of South Carolina as depicted on charts of the National Oceanic and Atmospheric Administration or its successor agency.

(56) 'Trap' is an enclosed device used for taking fish, constructed to facilitate entry but prohibit or restrict exit of fish and is also called 'pot'.

(57) 'Trawl' means any net, other than a haul seine, towed behind a boat.

(58) 'Trawler' means any vessel rigged for towing a trawl.

(59) 'Trawling' means fishing with a trawl or having any part of a trawl net or its associated equipment in the water.

(60) 'Trotline' means a single line or wire having numerous hooks or baits and is also called long line.

Section 50-5-110. (A) The department has jurisdiction over all saltwater fish, fishing, fisheries, and marine resources within the salt waters of this State, including the territorial sea.

(B) The department is authorized to conduct research, surveys, and other investigations needed to manage fish and marine resources; to provide for protection of the salt waters and the marine habitat upon which these resources are dependent; and to provide for the development of saltwater fisheries and mariculture.

(C) Except as otherwise provided, the provisions of this chapter do not apply to fish or fishing in the freshwaters of this State.

(D) The provisions of this chapter apply to all impounded waters seaward of the freshwater/saltwater dividing line which are intermittently filled or drained by the action of the tide.

(E) Impoundments seaward of the freshwater/saltwater dividing line which are naturally occurring or are not influenced by the action of the tide are freshwaters for purposes of jurisdiction of this title.

Section 50-5-115. (A) The department shall enforce all laws for collection of revenues due this State from the saltwater fishing industries and from permitting the use of bottoms and waters.

(B) Any other provision of law to the contrary notwithstanding, the department is authorized to open and maintain a financial escrow account in which funds received from violations of this chapter and proceeds of the sale of items seized pursuant to this chapter, must be deposited and held pending final adjudication of the case.

(C) All revenues, other than from fines and forfeitures, not otherwise provided for in this title derived from the regulation of saltwater fisheries must be transmitted to the department for deposit in the department's general operating fund and must be used by the department in support of the conservation of those fisheries. Revenues and funds so collected but not expended must be carried forward annually and used for the same purpose. All fines and forfeitures under this chapter must be transmitted to the department and deposited in the county game and fish fund for the county in which the offense occurred.

(D) Proceeds from sales of experimental mariculture products produced by the department shall be deposited in the state general fund to the credit of the Mariculture Research and Development Fund, Marine Resources Division of the department, to further encourage and promote development of the mariculture industry of South Carolina by supporting operational research and development projects of the division and transfer of information to the mariculture industry. Funds deposited in the Mariculture Research and Development Fund must be carried forward annually and used for the same purpose.

Section 50-5-120. (A) The department may promulgate regulations for the control of saltwater fisheries, not contrary to or inconsistent with the laws of this State.

(B) In promulgating these regulations, the department shall consider the best scientific and other available information regarding:

(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 species involved;

(4) economic conditions including market value;

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

(6) safety of the public and persons utilizing the resource;

(7) effects of added development, population growth, fishing pressure, and demand for the resource; and

(8) other factors pertinent to the management and wise use of fishery resources.

(C) The department has the authority to open or close any commercial or recreational fishing seasons or activities in the salt waters of this State. The department must give at least twenty-four hours notice of any action taken pursuant to this section and must use all reasonable means to inform the public.

(D) Nothing in this section reduces the authority of the department to act under other provisions of law.

(E) Nothing in this chapter alters, reduces, or amends the authority or responsibility of the Department of Health and Environmental Control to regulate for public health and environmental protection.

(F) Except as otherwise provided herein, any person not licensed as a commercial saltwater fisherman, who violates a regulation established under this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days. Except as otherwise provided herein, any licensed commercial saltwater fisherman who violates the regulation is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department.

(G) Except as otherwise provided herein, any person other than a licensed commercial saltwater fisherman or licensed wholesale seafood dealer who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days. Except as otherwise provided herein, any licensed commercial saltwater fisherman or wholesale seafood dealer who violates any provision of this chapter is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars.

Section 50-5-130. (A) The department must maintain and publish a list of any species, varieties, or strains of nonindigenous organisms known or suspected to present an actual or potential adverse impact to any living saltwater fish or marine resource of this State. The list must include the common and scientific name and the actual or potential adverse impact of each organism.

(B) It is unlawful:

(1) to place in the salt waters of this State, or in privately owned waters directly connected to salt waters of this State, any live, fresh, or frozen whole, part, or product of any listed organism or;

(2) to sell or offer for sale as bait, any live, fresh, or frozen whole, part, or product of any listed organism.

Section 50-5-135. The department may prosecute for violations of this chapter for the collection of revenues due this State from the fishing industries and permitting of bottoms and waters and may employ counsel having special knowledge of the fisheries laws, fisheries, and coastal conditions to conduct the prosecutions in the inferior courts and assist the solicitor in the circuit courts and appellate courts.

Section 50-5-140. (A) Any suspension of privileges under this article must run consecutive to any other suspension then in effect. Except as provided in Section 50-5-1340, suspensions of privileges resulting from violations of this chapter begin thirty calendar days after adjudication.

(B) Other provisions of the law to the contrary notwithstanding, the magistrates court has jurisdiction to try any criminal case arising under this chapter and to impose the penalties set forth herein. In addition to any criminal or civil penalty imposed under this chapter, the presiding magistrate or administrative law judge may order restitution for losses of natural resources.

(C) Any person or entity must have all saltwater privileges and other licenses, permits, and registrations issued by the department suspended until the penalty is paid in full if such person or entity:

(1) fails to pay a civil or criminal penalty arising out of a violation of this chapter within ten business days following adjudication of the matter; or

(2) defaults on a payment plan approved by a presiding magistrate or administrative law judge.

Section 50-5-145. Violations of this chapter by licensed commercial salt water fishermen and violations by licensed wholesale seafood dealers of provisions appertaining to seafood dealers are civil actions. In these cases, the department is authorized to accept the maximum monetary fine prescribed for the specific violation at the time of apprehension or anytime up to thirty days after issuance of an official department summons. Proffer and acceptance of this monetary amount constitutes a final adjudication of the matter. If the apprehended individual wishes to contest the matter, the official summons shall constitute the notice required pursuant to the Administrative Procedures Act. If no disposition has been made of the matter thirty days after the issuance of an official department summons, the matter becomes a contested case, and jurisdiction is vested in the Administrative Law Judge Division. Adjudication by the Administrative Law Judge Division shall be considered final agency action for purposes of appeal.

Section 50-5-150. Any person who conspires to violate a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be punished as if he had violated that provision.

Section 50-5-155. (A) Any fish or fishery product taken or possessed in violation of any provision of this chapter is contraband and must be seized along with its container and disposed of according to law.

(B) Any perishable item seized by the department must be sold and the proceeds retained until final adjudication of the case. Upon a finding of not guilty, the proceeds must be returned. Any perishable item seized, the sale of which is not lawful, may be donated by the department to a nonprofit entity, in the discretion of the department, or destroyed.

(C) Living contraband taken in this State may be returned by the department to the water.

(D) Nonperishable items may be retained by the department for use by the department or, if lawful to be sold, may be sold using the procedures outlined in Section 50-5-160. Nonperishable items which are illegal to sell or to use, or which have no commercial value must be destroyed or donated to a nonprofit organization.

(E) Neither an item of contraband nor the value of an item of contraband may inure to the benefit of any employee of the department.

(F) Each pound of fish, dozen of crabs, bushel of oysters, one-half bushel of clams, quart of shrimp, or pound of other saltwater fishery product, or fraction or part thereof taken, possessed, purchased, or sold by a licensed commercial saltwater fisherman or a wholesale seafood dealer in violation of this chapter constitutes a separate offense.

(G) Each fish, dozen of crabs, bushel of oysters, one-half bushel of clams, quart of shrimp, or pound of other saltwater fishery product, or fraction or part thereof taken, possessed, purchased, or sold by any person other than a licensed commercial saltwater fisherman or a wholesale seafood dealer in violation of this chapter constitutes a separate offense.

Section 50-5-160. The department must sell any confiscated device, to be sold as provided in Section 50-5-155(D), at public auction for cash to the highest bidder in the county where it was 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 and by publishing the advertisement at least once in a newspaper of general circulation in the county. 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 department one thousand dollars. When the device is of lesser value than one thousand dollars, the owner may at any time before the sale redeem it by paying to the department the retail market value.

Section 50-5-165. The waters and bottoms of the bays, rivers, creeks, and marshes within this State or within the territorial sea as shown on applicable NOAA Charts, not heretofore conveyed by grant from the General Assembly or royal grant or obligated by lawful compact with this State , continue and remain as a common for the people of this 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 50-5-170. 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 salt waters, and all waters lying landward or upstream from all dividing lines are considered freshwaters for purposes of licensing and regulating commercial and recreational fishing. Except as otherwise provided below, the saltwater/freshwater dividing line is U. S. Highway 17:

(1) On Savannah River the dividing line is the abandoned Seaboard Railroad track bed located approximately one and three-fourths miles upstream from the U. S. Highway 17A bridge.

(2) Wright River is salt water for its entire length.

(3) On Ashepoo River the dividing line is the old Seaboard Railroad track bed.

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

(5) Wallace River, Rantowles Creek, Long Branch Creek, and Shem Creek are salt water for their entire length.

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

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

(8) On Cooper River the dividing line is the seaward shoreline of Old Back River at the confluence of Old Back River downstream from Bushy Park Reservoir.

(9) Wando River is salt water for its entire length.

10) On the Intracoastal Waterway in Horry County the dividing line is the bridge across the Intracoastal Waterway at the intersection of S.C. Highway 9 and U. S. Highway 17.

Section 50-5-175. The following zones are established for the purpose of regulating saltwater fisheries:

(1) The Northern Zone: from the North Carolina-South Carolina boundary at Little River and its projection to the seawardmost territorial sea limit; to a southern boundary beginning at a point on the southern end of Cedar Island at latitude 033o 7.2' N and longitude 079o 16.3' W, extending seaward in a southeasterly direction (135o true) to the seawardmost territorial sea limit, including all waters from the freshwater/saltwater dividing line to the seawardmost territorial sea limit.

(2) The Central Zone: from the southernmost boundary of the Northern Zone extending to a line beginning at the southern tip of Edisto Island at latitude 032o 28.6'N, longitude 080o 20.2'W, extending seaward in a southeasterly direction (135 degrees true) to the seawardmost territorial sea limit, including all waters from the freshwater/saltwater dividing line to the seawardmost territorial sea limit.

(3) The Southern Zone: from the southernmost boundary of the Central Zone to the South Carolina-Georgia boundary and the seaward extension of the boundary to the seawardmost territorial sea limit, including all waters from the freshwater/saltwater dividing line to the seawardmost territorial sea limit.

Section 50-5-180. (A) It is lawful for enforcement officers to enter and inspect any and all premises, houses, sheds, or warehouses used in commercial fishing or any fishing industry; and to stop and search any boat or vessel used in fishing and in the fishing industry; and to stop and search any vehicle used in the commercial fishing industry; and to arrest, without warrant, all persons violating the natural resources or boating laws or regulations punishable by a criminal penalty; and to cite all persons violating the natural resources or boating laws or regulations punishable by a civil penalty.

(B) Failure or refusal to comply with any lawful order or direction or to obstruct or evade or interfere with any officer attempting to issue a summons under the provisions of this chapter shall be deemed a misdemeanor and, a person convicted thereof shall be punished by a fine of not more than twenty-five hundred dollars or imprisonment for not more than one year.

Section 50-5-185. It is unlawful to take or attempt to take saltwater fish for commercial purposes except as allowed by this chapter. Except as otherwise provided, any person taking or attempting to take saltwater fish for commercial purposes in violation of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

Section 50-5-190. It is unlawful for any person knowingly to obtain or to attempt to obtain a saltwater fishery product taken, produced, cultured, or sold unlawfully.

Section 50-5-195. (A) It is unlawful:

(1) to remove, wilfully damage, or interfere with any fishing equipment belonging to another;

(2) to remove the catch without possessing written permission of the owner of the equipment, except channel nets must be operated only by the permittee, or

(3) to wilfully interfere with or impede lawful fishing activity.

(B) A violation of this section by any person other than a licensed commercial saltwater fisherman is a misdemeanor and a person convicted thereof shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Any licensed commercial saltwater fisherman who violates this section is subject to a civil fine of not less than two thousand five hundred dollars nor more than five thousand dollars and loss of saltwater privileges for twelve months.

Section 50-5-200. It is unlawful to use poison or an explosive in or near state waters to take marine resources. Any licensed commercial saltwater fisherman who violates this section is subject to a civil fine of not less than one thousand dollars nor more than two thousand five hundred dollars and loss of saltwater privileges for twelve months. Any person other than a commercial saltwater fisherman who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.

Section 50-5-205. The operator of any vessel engaged in commercial fishing is responsible for accurately determining the location of his vessel in order that he not violate any closed or restricted area.

Section 50-5-210. The operator and crew of any watercraft operating in state waters are required to heave to when signaled or hailed, and allow boarding, and cooperate in every way with law enforcement officers or U. S. Coast Guard personnel. The operator/crew members of any watercraft violating this section is subject to the following penalties:

(1) any licensed commercial saltwater fisherman is subject to a civil fine of not less than one thousand dollars nor more than two thousand five hundred dollars and loss of saltwater privileges for twelve months; and

(2) any person not licensed as a commercial saltwater fisherman is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.

Section 50-5-215. It is unlawful to use a watercraft within three hundred feet of any public fishing piers which extend into the Atlantic Ocean. Any licensed commercial saltwater fisherman who violates this section is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars. Any person not licensed as a commercial saltwater fisherman who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

Section 50-5-300. (A) For the privilege of taking anadromous fish, saltwater fish, or fisheries products for commercial purposes, a resident must obtain a commercial saltwater fishing license for a fee of twenty-five dollars unless specifically exempted in this article.

(B) To act as a striker a resident need not acquire a commercial saltwater fishing license.

Section 50-5-305. (A) To be granted a resident commercial license authorized under this chapter:

(1) an applicant must present a statement from the South Carolina Department of Revenue indicating the applicant filed a South Carolina income tax form as a resident for the previous calendar year, but any person under the age of seventeen is exempt from the requirement to provide such statement; or

(2) an applicant who did not file a South Carolina personal income tax form for the previous year must show documentation acceptable to the department proving the applicant was a resident of South Carolina for twelve consecutive months immediately prior to the date of application.

The applicant must also present an additional form of identification acceptable to the department.

(B) It is unlawful to obtain, attempt to obtain, or possess a South Carolina resident saltwater license while licensed for any purpose as a resident of another state.

(C) Any licensed commercial saltwater fisherman who violates this section is subject to a civil fine of not less than one thousand dollars nor more than two thousand five hundred dollars and loss of saltwater privileges for twelve months. Any person other than a licensed commercial saltwater fisherman who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

Section 50-5-310. (A) For the privilege of taking anadromous fish, saltwater fish, or fisheries products for commercial purposes, a nonresident must obtain a nonresident commercial saltwater fishing license for a fee of three hundred dollars unless specifically exempted in this article.

(B) To act as a striker, a nonresident need not acquire a commercial saltwater fishing license.

Section 50-5-315. For the privilege of taking molluscan shellfish from state-owned bottoms not under permit from the department, for- commercial purposes or in a quantity greater than those allowed for personal use as provided in this chapter, any licensed resident commercial saltwater fisherman must obtain a State Shellfish Ground resident license for a fee of seventy-five dollars and any licensed nonresident commercial saltwater fisherman must obtain a State Shellfish Ground nonresident license for a fee of three hundred seventy-five dollars.

Section 50-5-320. (A) The use of any commercial equipment, excluding vessels, in the salt waters of this State and in fisheries for anadromous species in any waters of this State must be licensed by the department.

(B) The owner and operator are responsible for obtaining a license to use any commercial equipment enumerated in this section:

(1) to use a trawl or trawls the cost is one hundred twenty-five dollars for residents and three hundred dollars for nonresidents. The vessel on which the trawl or trawls is to be used and the name of the master of the vessel must be specified on an application to the department. No person under the age of sixteen years may operate as master of a trawler;

(2) to use traps the cost is twenty-five dollars per fifty traps and one dollar for each trap thereafter for residents, and one hundred twenty-five dollars per fifty traps and five dollars for each trap thereafter for nonresidents. No person may hold or apply for more than one trap license;

(3) to use a channel net for taking shrimp the cost is two hundred fifty dollars for each net;

(4) to use a gill net for taking shad, herring, or sturgeon the cost is ten dollars per one hundred net yards or a fraction thereof for residents and fifty dollars per one hundred net yards or a fraction thereof for nonresidents, and to use any other gill net or haul seine the cost is ten dollars per one hundred net feet or a fraction thereof for residents and fifty dollars per one hundred net feet or a fraction thereof for nonresidents. Each net must be licensed separately;

(5) to use hand-held equipment to take shellfish, including tongs, rakes, and forks, there is no cost;

(6) to use a drag dredge the cost is seventy-five dollars for residents and three hundred seventy-five dollars for nonresidents;

(7) to use other mechanically operated or boat assisted equipment, other than equipment used to set or retrieve licensed equipment, the cost is one hundred twenty-five dollars for residents and six hundred twenty-five dollars for nonresidents;

(8) to use trotlines with baits or hooks the cost is ten dollars for residents and fifty dollars for nonresidents for each line having not more than fifty baits or hooks per line;

(9) to use any other commercial equipment the cost is ten dollars for each type for residents and fifty dollars per type for nonresidents, provided that each net must be individually licensed.

(C) An owner or operator who uses commercial equipment, except for traps for taking blue crabs, without being present while the commercial equipment is in use must affix a department issued identification number and tag for each piece of commercial equipment being so used.

(D) The owner and operator are responsible for affixing the identification number and tag obtained from the department on each piece of equipment being used and left unattended.

(E) Only those types of commercial equipment specifically allowed by this chapter may be used for commercial purposes, provided, the department may grant permits for additional equipment types as stated in Section 50-5-335.

(F) Any licensed commercial saltwater fisherman who violates this section is subject to a civil fine of not less than two thousand five hundred dollars nor more than five thousand dollars and loss of saltwater privileges for twelve months. Any person other than a licensed commercial saltwater fisherman who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

(G) Any commercial equipment which is used while not properly licensed, permitted, or tagged or any equipment used for commercial purposes not specifically allowed for commercial purposes by this chapter is considered contraband and must be seized by the department and disposed of as provided by law.

(H) Any vessel on which commercial equipment is used must display a current identification decal provided by the department.

Section 50-5-325. (A) Any person may fish or use the following in the salt waters of this State solely for recreational purposes without obtaining a commercial license:

(1) shrimp seines;

(2) hand-operated tongs, rakes except bull rakes, and forks except seed forks, used to harvest shellfish;

(3) hook and line or rod and reel;

(4) minnow traps, drop nets, and dip nets;

(5) cast nets, however the use must comply with all other provisions of law;

(6) no more than two crab traps;

(7) no more than two trotlines with a cumulative total of not more than fifty hooks or baits;

(8) no more than ten bush or pole lines with single hooks or baits.

(B) A person may use a lawful licensed gill net for other than commercial purposes without first acquiring a commercial saltwater fishing license.

(C) A person may use lawful licensed minnow traps to take fish for a commercial purpose for use as bait without first acquiring a commercial saltwater fishing license.

(D) No person may retrieve any recreational equipment used pursuant to this section which is left unattended unless the owner is present. A person may retrieve equipment with the written permission of the owner, but no fish may be retained.

Section 50-5-330. The department may grant no more than a cumulative total of sixty licenses for the use of channel nets in any one year. Applicants who held channel net licenses in the previous license year and who were not in violation of applicable conservation laws or regulations must be given preference for licenses. Applicants must be sixteen years of age or older and a resident of this State, and licenses must be applied for in person. Only one license may be issued to any person.

Section 50-5-335. (A) The department may grant permits for taking, holding, and propagating fish or other marine resources excluding any marine mammals for:

(1) exploratory;

(2) experimental;

(3) scientific;

(4) educational; or

(5) commercial display purposes.

These permits may authorize activities which would otherwise be unlawful. These permits expire at the pleasure of the department, but permits granted for exploratory or experimental commercial purposes are limited to no more than two years and may not be renewed. Permits granted pursuant to this section may include conditions as to the areas, times, seasons, types of fishing equipment, species to be taken, catch reporting requirements, disposition of the catch, and other conditions the department determines necessary. No permittee may take fish or marine resources in violation of a condition of a permit granted under this section.

(B) The department may permit marine resources collected pursuant to exploratory, experimental, or commercial display permits to be used for commercial purposes. Marine resources collected pursuant to scientific or educational permits may not be used for personal consumption, but the resource or the proceeds of its sale may be used by the department for marketing and promotional purposes. Any product in excess of department needs may be disposed of according to law. The department may condition permits to allow sale of marine resources for public display.

(C) Any person not licensed as a commercial saltwater fisherman who violates this section or the conditions of a permit granted hereunder is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Any licensed commercial saltwater fisherman who violates this section or the conditions of a permit granted hereunder is subject to a civil fine of not less than two thousand five hundred dollars nor more than five thousand dollars and loss of saltwater privileges for twelve months.

Section 50-5-340. (A) In order to obtain any permit authorized under this chapter for taking marine resources except scientific, educational, and commercial display permits, a person must be a licensed commercial saltwater fisherman and hold all other required licenses.

(B) Any permit granted may be revoked by the department for a violation of a condition of the permit or of a related conservation law.

Section 50-5-345. (A) While exercising the privilege of a license or a permit the licensee, operator, or permittee must have on his person the licenses or permits and the licenses or permits must be produced on demand of department personnel. Any trawl license must be prominently displayed on the vessel.

(B) Licenses and permits are not transferrable to, between, or among persons, entities, or vessels. Provided, however any licensed commercial saltwater fisherman may operate any licensed commercial equipment except channel nets with written permission of the owner and the license in possession.

(C) Licenses expire on June 30 following their effective date. Permits expire under the terms of the individual permit.

(D) Any licensed commercial saltwater fisherman or wholesale seafood dealer who violates subsection (A) or (B) is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars.

Section 50-5-350. (A) Any person taking or attempting to take saltwater fish for commercial purposes without first acquiring the required commercial saltwater fishing license provided in Sections 50-5-300 and 50-5-310 is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days. In addition, the commercial saltwater privilege of any such person must be suspended for two years. In addition, if a trawl is used in violation of this subsection, such person must be fined an additional two thousand dollars.

(B) It is unlawful for any person whose commercial saltwater privileges are suspended to be on board any vessel transporting or operating commercial equipment.

(C) Any person or entity who:

(1) takes or attempts to take saltwater fish for commercial purposes, or

(2) is on board any vessel utilizing commercial equipment, while the person's saltwater privileges are suspended is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned for not more than two years, and the person's saltwater fishing privileges must be suspended for an additional five years.

(D) Any licensed commercial saltwater fisherman who takes or attempts to take saltwater fishery products for commercial purposes without having in possession a valid commercial saltwater fishing license is subject to a civil penalty by the department of not more than two hundred dollars.

(E) The operator of a fishing vessel used in aid of taking saltwater fish for commercial purposes who fails to obtain the necessary commercial saltwater fishing license is subject to the penalties provided in subsections (A) and (B) of this section.

(F) No person for whom a saltwater privilege is suspended may purchase or acquire, or attempt to purchase or acquire, a license, permit, or stamp for any privilege which has been suspended. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days and extension of the suspension period for one year.

(G) The operator of a vessel used for commercial purposes who fails to have aboard his trawl license if transporting or using a trawl or to display its identification decal provided by the department is in violation of this chapter. The owner or operator, or both, is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars.

(H) Any licensed wholesale seafood dealer or commercial saltwater fisherman who fails to display or produce licenses or permits as required by this article is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars.

(I) No court shall suspend any portion of the minimum fines or lengths of imprisonment provided in subsection (A), (B), or (E) of this section.

Section 50-5-355. Any person other than a licensed commercial saltwater fisherman who sells or attempts to sell his catch or the catch of another person is guilty of a misdemeanor and, upon conviction, shall be punished by fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days for each offense and must have his saltwater privileges suspended for one year from the date of conviction.

Section 50-5-360. (A) For the privilege of taking or landing any saltwater species to be sold, bartered, or traded as bait or offered for sale as bait; or selling or offering for sale as bait any saltwater species taken or landed in this State, a resident must first acquire a bait dealer license for twenty-five dollars. A nonresident must acquire a bait dealer license for one-hundred twenty five dollars. The department may inspect the business premises or floating equipment, or both, of a person applying for a bait dealer license and of a licensed bait dealer engaged in harvesting and selling bait. Any licensed commercial saltwater fisherman who takes, attempts to take, sells, or offers for sale any saltwater fish or fishery product for bait, except maricultured fish or fishery product, without first acquiring a bait dealer license is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department. Any other person is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

(B) A licensed bait dealer who only sells fish or fishery products to be used solely as bait does not have to acquire a wholesale seafood dealer license.

Section 50-5-365. (A) Any person or entity who buys, receives, or handles any live or fresh saltwater fish or any saltwater fishery products taken or landed in this State and packs, processes, ships, consigns, or sells such items at other than retail, and not solely as bait must first obtain a wholesale seafood dealer license. A person who buys or receives such product solely from licensed wholesale seafood dealers is not required to obtain a wholesale seafood dealer license. The fee for a resident to acquire a wholesale seafood dealer license is one hundred dollars, and the fee for a nonresident is five hundred dollars. Each location at which products are to be packed, processed, shipped, consigned, or bought, or to be sold at wholesale must be a permanent, nonmobile establishment, and each must be separately licensed. The department may require applicants to specify on the application the activities in which the applicant intends to engage. The department may provide information provided in the application to the South Carolina Department of Agriculture and the South Carolina Department of Health and Environmental Control. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

(B) In order to engage in shedding peeler crabs, a person or entity must first be a licensed wholesale seafood dealer and be licensed for peeler crabs. The fee for a resident to acquire a peeler crab license is an additional seventy-five dollars, and the fee for a nonresident is an additional three hundred seventy-five dollars. Persons holding this license and engaged in shedding peeler crabs are authorized to receive, possess, and sell peeler crabs regardless of size.

(C) Any person or entity required to obtain a wholesale seafood dealer license who receives molluscan shellfish must first be licensed for molluscan shellfish. The fee for a resident to acquire a molluscan shellfish license is an additional ten dollars, and the fee for a nonresident is an additional fifty dollars.

(D) Any person or entity licensed as a wholesale seafood dealer or a commercial saltwater fisherman who violates subsection (B) or (C) is subject to a civil fine of not less than five hundred dollars nor more than one thousand dollars and loss of saltwater privileges for six months by the department. Any other person who violates subsection (B) or (C) is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

(E) The original or a legible copy of the wholesale seafood dealer license must be displayed where a wholesale seafood dealer or his agent is selling or offering for sale saltwater fisheries products. Any wholesale seafood dealer who violates this subsection is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department.

(F) Roadside vendors, transient dealers, or peddlers operating from vehicles, roadside stands, or other temporary locations who sell or offer for sale saltwater fishery products are retail dealers who must comply with the retail license and tax requirements of state and local law. The person or entity must be a licensed wholesale seafood dealer, or must have received or purchased the products from licensed wholesale seafood dealers or other licensed retailers and must comply with the requirements of Section 50-5-370(A).

Section 50-5-370. (A) Any person or entity, other than a commercial saltwater fisherman licensed as a wholesale seafood dealer, who offers for sale any live or fresh fish or any saltwater fishery products or who transports live or fresh fish or any saltwater fishery products must have in possession dated bills of lading, invoices, receipts, bills of sales, or similar documents showing the quantity of each species and type of saltwater fishery product being offered for sale or transported and the name of the licensed commercial saltwater fisherman or licensed wholesale seafood dealer from whom the products were purchased or received.

(B) Any person or entity including a licensed commercial saltwater fisherman who takes saltwater fishery products and sells the catch must sell the catch only to a wholesale seafood dealer licensed under this section or else must himself be licensed as a wholesale seafood dealer under this section.

(C) Without having obtained a valid wholesale seafood dealer license it is unlawful to:

(1) buy or receive at other than retail live or fresh fish or any saltwater fishery products taken or landed in this State;

(2) sell or offer the fish or products for sale at other than retail; or

(3) transfer, ship, pack, or consign the fish or products.

(D) It is unlawful to purchase live or fresh fish or any saltwater products taken or landed in this State at other than retail from any person other than a licensed wholesale seafood dealer, provided:

(1) the fish or product may be purchased for use as bait from a licensed bait dealer; and

(2) a licensed wholesale seafood dealer may purchase from a licensed commercial saltwater fisherman.

(E) It is unlawful for any person or entity to sell or offer for sale live or fresh fish or any saltwater fishery products or to transport live or fresh fish or any saltwater fishery products without having in possession dated bills of lading, invoices, receipts, bills of sale, or similar documents, showing the quantity of each species and type of saltwater fishery products to be sold or transported and the name of the licensed commercial saltwater fisherman or licensed wholesale seafood dealer from whom the products were purchased or received. As it relates to operation of a vehicle, this subsection does not apply to a licensed commercial saltwater fisherman transporting his catch to a licensed seafood dealer.

(F) Any licensed commercial saltwater fisherman or licensed wholesale seafood dealer who violates this section is subject to a civil fine of not less than one thousand dollars nor more than two thousand five hundred dollars and loss of saltwater privileges for twelve months by the department. Any person other than a licensed wholesale seafood dealer or licensed commercial saltwater fisherman who violates this section is guilty a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days and loss of all saltwater privileges for one year one year.

Section 50-5-375. (A) It is unlawful for any person not licensed as a wholesale seafood dealer to purchase, handle, barter, or trade or to attempt to purchase, handle, barter, or trade saltwater fishery products taken, landed, produced, or cultured in this State unless first handled by a licensed wholesale seafood dealer. This section does not apply to persons receiving live bait from a licensed live bait dealer.

(B) No person other than a licensed wholesale seafood dealer may remove from this State for a commercial purpose any saltwater fish or fishery products taken, landed, produced, or cultured in this State unless the fish or product is accompanied by original, dated bills of lading, invoices, receipts, bills of sales, or similar documents showing the quantity of each type of saltwater fish or fishery product being transported and the name of the licensed wholesale seafood dealer or retail establishment from whom the products were purchased or received.

(C) Any licensed commercial saltwater fisherman who violates this section is subject to a civil fine of not less than one thousand dollars nor more than two thousand five hundred dollars and loss of saltwater privileges for twelve months by the department. For any person other than a licensed commercial saltwater fisherman a violation of this section is a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days and loss of all saltwater privileges for one year.

Section 50-5-380. (A) Any person or entity licensed or permitted by the department engaged in taking, distributing, or experimental propagation of any saltwater fishery product must keep accurate records and may be required to provide accurate information and reports to the department on forms and by methods required by the department for the administration and enforcement of saltwater fishery laws and for fisheries management purposes. The department has concurrent authority with the United States to collect or require the submission of pertinent data specified pursuant to the federal Fishery Conservation and Management Act of 1976, as amended. Any information which directly or indirectly discloses the identity of a licensee or permittee or income amounts or trade secrets or other specialized methodologies for growing or taking or marketing saltwater fisheries product may not be obtained from the department through the Freedom of Information Act. Information on fisheries furnished by any source which is required by a state or federal law to be kept confidential is not subject to disclosure except when required by order of a court of competent jurisdiction.

(B) The department shall collect and analyze data pertinent to protection, propagation, promotion, and management of marine resources.

(C) Noncommercial information provided voluntarily to the department in support of a resource or management activity is likewise confidential. Nothing in this section may be construed as to limit the use of such information in enforcement of this chapter.

(D) Any person or entity licensed or permitted who fails to make accurate and timely reports as required by the department shall forfeit his license or permit under which the report is required and is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department, and the privilege of the person or entity to hold the license or permit must be suspended for six months. The provisions of this section do not supersede or replace any criminal sanctions for defrauding or attempting to defraud this State.

Section 50-5-385. (A) Every seafood dealer required to be licensed must keep and retain accurate records detailing the information required by the department for a period of not less than one year and shall make the records open to the department for inspection upon reasonable demand.

(B) Any licensee or permittee who violates this section is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department, and the privilege of the person or entity to hold the license or permit must be suspended for six months. The provisions of this section do not supersede or replace any criminal sanctions for defrauding or attempting to defraud this State.

Section 50-5-500. (A) No net may be used in inshore salt waters except:

(1) trawl nets;

(2) gill nets for shad;

(3) gill and dip nets for herring;

(4) channel nets;

(5) shrimp seines;

(6) cast nets;

(7) drop nets;

(8) dip nets for landing or boating fish;

(9) elver nets; and

(10) gill nets not more than one hundred feet in length with a mesh size no smaller than three inches stretched mesh and up to but not including four and one-half inches stretched mesh in those areas of the inlets, sounds, and bays having direct connection to the ocean, and designated by the department.

(B) No net may be used in the Atlantic Ocean except:

(1) shad nets;

(2) sturgeon nets;

(3) trawl nets;

(4) shrimp seines;

(5) cast nets;

(6) drop nets;

(7) dip nets for landing or boating fish;

(8) gill nets not more than one hundred feet in length with a mesh size no smaller than three inches stretched mesh and up to but not including four and one-half inches stretched mesh; and

(9) haul seines.

(C) A licensed commercial saltwater fisherman who violates this section is subject to a civil fine of not less than five hundred dollars nor more than one thousand dollars and loss of saltwater privileges for six months by the department. Any person other than a licensed commercial saltwater fisherman who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

Section 50-5-510. (A) Any gill net or trotline used in the salt waters of this State must have at least one end buoy, international orange in color, which shows the name and license number of the owner. The operator of a gill net must be within five hundred feet of the net and have visual contact with the net at all times when deployed.

(B) Any haul seine greater than one hundred feet in length must be marked with buoys, international orange in color, not less than twenty inches in diameter, which float in a manner to be clearly visible at all times.

(C) No haul seine may be set within five hundred yards on any public fishing pier.

(D) A buoy must be attached to the float line of any haul seine every three hundred feet, and a buoy must be attached to each end of any haul seine.

(E) No haul seine may be set, hauled, or both for a period exceeding one and one-half hours without being fully returned to the beach.

(F) The department may grant to the owner of a mariculture impoundment or his authorized agent, either of whom must be a licensed commercial saltwater fisherman, a permit to attach a net on the downstream side or outside of the outlet to harvest fish exiting the impoundment. The department may place conditions on the permit as to season, type of equipment, and times.

Section 50-5-515. (A) The season for using channel nets shall be no longer than ninety days, and the department annually may set the channel net season between September 1 of any year and December 15 of the same year, inclusive.

(B) The department may grant permits to persons holding a valid channel net license. Permits may be conditioned as to equipment, area, season, times, catch reporting and other requirements deemed necessary by the department. No more than one permit may be issued to any person during a license period. The permit of a person failing to meet a condition of a permit must be suspended or revoked by the department.

(C) It is unlawful to possess a channel net aboard a boat during the closed channel net season.

(D) It is unlawful to possess a channel net aboard a boat or fish a channel net from a boat unless the channel net licensee is aboard the boat and has his valid channel net permit in immediate possession.

(E) The following requirements apply to channel nets used in the salt waters of this State:

(1) the width at the mouth measured across the float or lead line must not exceed eighty feet;

(2) no channel net may be operated from a trawler;

(3) any channel net must be marked with a sign or buoy above the water's surface having the name, address, and permit number of the owner thereon; and

(4) any channel net set at night must be marked by a white light clearly visible from a distance of one-quarter of a nautical mile.

Section 50-5-520. (A) It is unlawful to use channel nets in the salt waters of this State, except in areas designated by the department.

(B) The following apply to use of channel nets.

(1) A functional soft or hard Turtle Excluder Device (TED) must be correctly installed in any channel net used in the waters of this State, except in areas specifically exempted in this section.

(2) A soft TED must conform to the following specifications:

(a) webbing must be polypropylene or polyethylene;

(b) stretched mesh size may not exceed six inches;

(c) the horizontal, taut length of the panel may not exceed one hundred twenty inches;

(d) the width of the panel at the leading edge may not exceed two hundred twenty-nine inches;

(e) the escape opening may not be less than seventy-two inches;

(f) the TED panel must form a complete barrier inside the net forward of the codend;

(g) the TED panel must slope upwards with the escape opening being on the top of the net just forward of the panel's attachment to the top of the net;

(h) an optional, rectangular flap may be installed over the escape opening, provided it is attached only on its forward edge, does not extend more than four inches aft of the escape opening, is no wider than thirty-six inches, and the mesh size is no larger than two inches stretch.

(3) A hard TED must conform to the following specifications:

(a) the TED must be a single, rigid, oval deflector grid which is made of steel rod or pipe not less than one-third inch diameter, aluminum rod or pipe not less than one-half inch diameter, or fiberglass rod of comparable strength;

(b) the TED must be installed so that it is at a thirty to forty-five degree angle from the horizontal when in use;

(c) the minimum inside diameter may not be less than thirty inches;

(d) the minimum (slit) escape opening is thirty-five inches;

(e) the maximum spacing between the bars is four inches; there is no minimum spacing;

(f) all 'hard' TEDs must be top exiting only;

(g) an optional, rectangular flap may be installed over the escape opening, provided it is attached only on its forward edge, does not extend more than four inches aft of the escape opening, is no wider than thirty-six inches, and the mesh size is no larger than two inches stretch.

(4) Turtle Excluder Devices are not required in channel nets used east of a line in Winyah Bay from the front range on Big Marsh Island, running southeast to day marker no. 18, thence running south southeast to red Nun Buoy No.16. Any channel net used west of this line must use an approved Turtle Excluder Device. Turtle Excluder Devices are not required in channel nets used in North Santee Bay. However, the department may require TEDs in additional or all open areas if a significant threat to sea turtles is determined.

(5) Any sea turtle accidentally taken must be released immediately unless it is apparent that resuscitation is required. If resuscitation is required, the fisherman must retain the turtle until such time that the turtle has sufficiently recovered and is capable of swimming. At that time, the turtle must be released.

(C) It is unlawful for any person to set, retrieve, or remove catch from a channel net unless the properly licensed owner of the net is present.

(D) A licensed commercial saltwater fisherman who violates this section is subject to a civil fine of not less than five hundred dollars nor more than one thousand dollars and loss of saltwater privileges for six months by the department. Any person other than a licensed commercial saltwater fisherman who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

Section 50-5-525. In addition to any other penalty, any person found in violation of the laws governing channel nets forfeits the privilege to hold a channel net permit for the next thirty open season days. Any boat, motor, boat trailer, and equipment used in aid of a violation related to channel nets or during the period for which the channel net permit has been suspended or revoked must be seized and disposed of as provided in this chapter. This seizure requirement does not apply to requirements related to lighting of channel nets, distances from marked navigation channels, and distances between channel nets and other fishing devices.

Section 50-5-530. (A) It is unlawful to use or deploy any net or similar device or any part thereof including line and attached devices so that any part thereof extends over more than one-half the width of any saltwater creek, stream, channel, slough, or other salt water regardless of the stage of the tide, river stage, or method of net deployment.

(B) A licensed commercial saltwater fisherman who violates this section is subject to a civil fine of not less than five hundred dollars nor more than one thousand dollars and loss of saltwater privileges for six months by the department. Any person other than a licensed commercial saltwater fisherman who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

Section 50-5-535. It is unlawful to set any stationary nets excepting channel nets, within six hundred feet of any other net or device for taking fish except traps. It is unlawful to set any channel net within two hundred feet of any other channel net. No channel net may be set within four hundred feet of the centerline of a marked navigation channel. Any channel nets must be removed not later than the close of the channel net season. Lines, buoys, anchors, and associated equipment may be set no earlier than three days prior to opening of the channel net season and must be removed not later than three days following the close of the channel net season.

Section 50-5-540. It is unlawful to set any commercial fishing equipment within six hundred feet of a public fishing pier or man-made jetty equipped with a fishing walkway in the waters of the Atlantic Ocean. The provisions of this section apply only to a fishing pier open to the public or man-made jetty equipped with a fishing walkway open to the public.

Section 50-5-545. 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 lawful shrimp seines and cast nets for the taking of shrimp are allowed.

Section 50-5-550. During the period June 1 through March 14, all crab traps used for commercial purposes must have at least two unobstructed, circular escape vents (rings) which must be two and three-eights inches or greater in inside diameter. At least one vent (ring) must be in the upper chamber. All vents (rings) must be within two inches of the base of the horizontal partition or the base of the trap. Crab traps constructed of a single chamber must have at least one two and three-eights inch or larger inside diameter escape vent (ring) located on a vertical surface within two inches of the base of the trap. Traps constructed of one-inch mesh wire and baited only with live male blue crabs are peeler traps and are exempt year round.

Section 50-5-555. (A) Other than minnow traps not used for a commercial purpose; and traps with lines attached to a shore based structure and not used for a commercial purpose, each trap set in the waters of this State must have attached to it a buoy made of solid, buoyant material which does not sink if punctured or if cracked. No plastic, metal, or glass bottles or jugs may be used as a buoy. A primary buoy attached to a trap must be at least ten inches in length and six inches in diameter or width. Spherical buoys must be at least six inches in diameter. No floating line or rope may be used. Minnow traps must utilize floats no smaller than two inches marked with the operator's name and bait dealer license number.

(B) The department may require that each trap set in the salt waters of this State have catch release features designated by the department.

(C) Each licensed commercial saltwater fisherman licensed to fish traps must acquire an identification number assigned by the department. The assigned identification number must be burned or branded on each trap buoy in numerals of at least two inches in height, must be clearly legible, and must be unobstructed and visible when the buoy is at rest in the water.

(D) The buoy of traps used by individuals for personal use as provided by law in lieu of the identification number required on commercial traps must bear the owner name and current address and must be yellow in color.

(E) A trap not marked in accordance with this section is contraband and must be seized and disposed of as provided in this chapter.

Section 50-5-560. (A) No trap may be placed within six hundred feet of a public boat ramp or launching area.

(B) No trap may be set so as to leave any portion of the trap dry at any stage of the tide.

(C) No trap may be unattended for more than five days. No person not having written permission of the owner may retrieve or remove catch from any trap the buoy of which is marked with a number assigned by the department to another person.

(D) No trap may be set so as to obstruct any creek or other navigable water course, access point, or mooring point. Any trap determined by the department to be in violation of this section may be removed by the department and disposed of as provided in this chapter.

(E) The department may inspect traps for compliance with this section at any time. If the department finds any trap set in violation of this section or if the trap contains excessive dead catch or only dead catch, the trap is contraband and must be seized and disposed of as provided in this chapter.

Section 50-5-565. The provisions of Chapter 13 of this title notwithstanding, traps used for taking blue crabs may be fished on Cooper River upstream to the confluence of the east and west branches of Cooper River, provided that all requirements of this chapter are complied with.

Section 50-5-570. (A) It is unlawful to set, move, fish, retrieve, or remove catch from traps during the following times:

(1) from 9:00 p.m. until 5:00 a.m. the following day, local time, during the period April 1 through September 15; and

(2) from 7:00 p.m. until 6:00 a.m the following day, local time, during the period September 16 through March 31.

This prohibition does not apply to recreational fishermen using traps from a land based structure or bank.

(B) Each trap used in violation constitutes a separate offense each day.

Section 50-5-575. It is unlawful to use live bait in the salt waters of this State on lines having more than three hooks.

Section 50-5-580. (A) Any licensed commercial saltwater fisherman who violates a provision of this article for which no penalty is specified is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department.

(B) Any person other than a licensed commercial saltwater fisherman who violates a provision of this article for which no penalty is specified is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

(C) Any fishing device used in a violation of this chapter is contraband and must be seized and disposed of as provided by law.

Section 50-5-700. It is unlawful to trawl in the waters of this State except as allowed in this chapter.

Section 50-5-705. The following General Trawling Zone is established:

Based on National Ocean Service (NOS) chart 11513 (22nd edition, July 12, 1997), that area seaward of a line, termed the inshore trawl boundary, beginning at the point of intersection of the north jetty (Oyster Bed Island Training Wall) of the Savannah River and the shoreline ("shoreline" herein defined as the line of Mean High Water) of Oyster Bed Island at latitude 32° 02.35' N, longitude 080° 53.05' W; thence following the shoreline of Oyster Bed Island to the point at the mouth of the Wright River at latitude 32° 02.92' N, longitude 080° 54.62' W; thence following a straight line northeasterly to the southernmost point of Turtle Island at latitude 32°03.08' N, longitude 080° 54.42' W; thence following the shoreline of Turtle Island to the point at the mouth of the New River at latitude 32° 04.80' N, longitude 080° 52.97' W; thence following a straight line easterly to the southernmost point of Daufuskie Island (Bloody Point) at latitude 32° 04.92' N, longitude 080° 52.60' W; thence following the shoreline of Daufuskie Island to the point at latitude 32° 07.30' N, longitude 080° 50.40' W; thence following a straight line easterly across Calibogue Sound to the point on Hilton Head Island at latitude 32° 07.30' N, longitude 080° 49.50' W; thence following the shoreline of Hilton Head Island and crossing the mouths of Folly and Coggin Creeks to the northernmost point of Hilton Head Island at latitude 32° 16.26' N, longitude 080° 43.72' W; thence following a straight line westerly to a green square beacon marked '5' at latitude 32° 16.10' N, longitude 080° 44.14' W; thence following a straight line northerly to a red triangular beacon marked '4' at latitude 32° 16.38' N, longitude 080° 44.14' W; thence following a straight line easterly to a red nun or conical buoy marked '2' at latitude 32° 16.40' N, longitude 080° 42.40' W; thence following a straight line easterly to the point on Parris Island Spit at latitude 32° 16.72' N, longitude 080° 40.00' W (approximate location of flashing red day marker no. 246); thence following a straight line easterly to a red nun or conical buoy marked '26' at the mouth of the Beaufort River at latitude 32° 16.75' N, longitude 080° 39.20' W; thence following a straight line easterly to the point at the mouth of Station Creek at latitude 32° 16.72' N, longitude 080° 38.55' W; thence following the shorelines of Bay Point and St. Phillips Islands and crossing the mouth of Morse Island Creek to the point on St. Phillips Island at latitude 32° 17.00' N, longitude 080° 35.30' W; thence following a straight line easterly across Trenchards Inlet to the point at latitude 32° 17.00' N, longitude 080° 34.75' W; thence following the shorelines of Capers and Pritchards Islands and crossing the mouths of Capers, Pritchards, and Skull Inlets to the southernmost point of Fripp Island at latitude 32° 18.40' N, longitude 080° 30.05' W; thence following the shoreline of Fripp Island to its easternmost point at latitude 32° 19.35' N, longitude 080° 27.18' W; thence following a straight line northerly across Fripp Inlet to the southernmost point of Hunting Island at latitude 32° 20.32' N, longitude 080° 27.28' W; thence following the shoreline of Hunting Island to its northernmost point at the mouth of Johnson Creek at latitude 32° 23.50' N, longitude 080° 25.80' W; thence following a straight line northerly to the point on Harbor Island at latitude 32° 24.10' N, longitude 080° 25.63' W; thence following the shoreline of Harbor Island to the eastern end of the U. S. Highway 21 swing bridge at Harbor River at latitude 32° 24.20' N, longitude 080° 27.00' W; thence to the center of the swing span of the bridge at latitude 32° 24.26' N, longitude 080° 27.16' W; thence following a straight line northerly to the beacon on Combahee Bank at latitude 32° 28.07' N, longitude 080° 26.06' W; thence, based on NOS chart 11521 (22nd edition, January 20, 1996), following a straight line northeasterly to the point on Otter Islands at the mouth of the Ashepoo River at latitude 32° 29.25' N, longitude 080° 25.15' W; thence following the shoreline of Otter Island to the point at the mouth of Fish Creek at latitude 32° 29.00' N, longitude 080° 23.24' W; thence following a straight line easterly across the South Edisto River to the southernmost point (Bay Point) of Edisto Beach at latitude 32° 28.66' N, longitude 080° 20.18' W; thence following the shorelines of Edisto and Edingsville Beaches and Botany Bay Island and crossing the mouths of Jeremy, Frampton, and Townsend Inlets to the point on Botany Bay Island at latitude 32° 33.50' N, longitude 080° 12.00' W; thence following a straight line easterly across the North Edisto River to the southernmost point on Seabrook Island at latitude 32° 33.55' N, longitude 080° 10.50' W; thence following the shorelines of Seabrook and Kiawah Islands and crossing the mouth of Captain Sams Inlet to the point on Kiawah Island (Sandy Point) at latitude 32° 37.18' N, longitude 079° 59.65' W; thence following a straight line northeasterly across Stono Inlet to the southernmost point of Folly Island at latitude 32° 38.40' N, longitude 079° 58.36' W; thence following the shoreline of Folly Island to its easternmost point at latitude 32° 41.10' N, longitude 079° 53.17' W; thence following a straight line northerly across Lighthouse Inlet to the Morris Island lighthouse (abandoned) at latitude 32° 41.70' N, longitude 079° 53.03' W; thence following a straight line on a geodetic azimuth of 285 degrees to the shoreline of Morris Island; thence following the shoreline of Morris Island northerly to its point of intersection with the south jetty for Charleston Harbor at latitude 32°43.91' N, longitude 079° 52.18' W; thence following the submerged jetty easterly to the point where its emergent portion begins at latitude 32° 43.85' N, longitude 079° 50.92' W; thence following a straight line northeasterly across the Charleston Harbor channel to the point where the emergent north jetty begins at latitude 32° 44.57' N, longitude 079° 50.00' W; thence following the submerged north jetty northerly to its point of intersection with Sullivans Island at latitude 32° 45.46' N, longitude 079° 50.40' W; thence following the shoreline of Sullivans Island, the seaward edge of the Breach Inlet bridge, and the shoreline of the Isle of Palms to its easternmost point at latitude 32° 48.90' N, longitude 079° 43.09' W; thence following a straight line northerly across Dewees Inlet to the point on Dewees Island at latitude 32° 49.65' N, longitude 079° 43.27' W; thence following the shoreline of Dewees Island to the point at latitude 32° 50.70' N, longitude 079° 42.03' W; thence following a straight line northerly across Capers Inlet to the southernmost point of Capers Island at latitude 32° 51.10' N, longitude 079° 41.87' W; thence following the shoreline of Capers Island to the point at latitude 32° 52.57' N, longitude 079° 39.30' W; thence following a straight line easterly across Price Inlet to the southernmost point of Bull Island at latitude 32° 52.57' N, longitude 079° 38.95' W; thence, based on NOS chart 11531 (19th edition, April 19, 1997), following the shoreline of Bull Island to its northernmost point at latitude 32° 55.98' N, longitude 079° 34.48' W; thence following a straight line northeasterly to the point (now marked by a group of three piles) west of Sandy Point at latitude 33° 00.38' N, longitude 079° 29.43' W; thence following a straight line on a geodetic azimuth of 090 degrees to Sandy Point; thence following the shorelines of Sandy Point, Sandy Point Beach, and Raccoon Key and crossing the mouth of Raccoon Creek to the point at latitude 33° 01.00' N, longitude 079° 25.25' W; thence following a straight line easterly across Key Inlet to the westernmost point of Cape Island at latitude 33° 00.35' N, longitude 079° 23.64' W; thence following the shoreline of Cape Island to the point on the west side of the northernmost tip at latitude 33° 04.79' N, longitude 079° 20.14' W (accretion in this area not shown on the nautical chart); thence following a straight line westerly across Cape Romain Harbor to the point on Murphy Island at the mouth of Alligator Creek at latitude 33° 04.73' N, longitude 079° 21.28' W; thence following the shoreline of Murphy Island northeasterly to the point at latitude 33° 07.00' N, longitude 079° 16.97' W; thence following a straight line easterly across the South Santee River to the southwesternmost point of Cedar Island at latitude 33° 07.00' N, longitude 079° 16.58' W; thence following the shoreline of Cedar Island to the point at latitude 33° 08.36' N, longitude 079° 14.71' W; thence, based on NOS chart 11532 (18th edition, June 1, 1996), following a straight line northerly across the North Santee River to the southernmost point of Cane Island at latitude 33° 08.92' N, longitude 079° 14.92' W; thence following the eastern shoreline of Cane Island and crossing the mouth of an unnamed creek to the easternmost point of Crow Island at latitude 33° 10.04' N, longitude 079° 15.34' W; thence following a straight line northeasterly across North Santee Bay to the point on South Island at the south side of the mouth of Beach Creek at latitude 33° 10.43' N, longitude 079° 14.60' W; thence following the shoreline of South Island to its southernmost point (Santee Point) at latitude 33° 08.06' N, longitude 079° 14.38' W; thence following the shorelines of South and Sand Islands to the point of intersection with the south jetty for Winyah Bay at latitude 33° 11.43' N, longitude 079° 11.00' W; thence following the shorelines of Sand and South Islands to the point on South Island at latitude 33° 13.82' N, longitude 079° 12.16' W; thence following a straight line easterly passing approximately through the charted positions of a green light buoy marked '15' and a red nun or conical buoy marked '16' to the point on North Island at latitude 33° 14.00' N, longitude 079° 11.32' W; thence following the shoreline of North Island southerly and easterly to its intersection with the north jetty for Winyah Bay at latitude 33° 12.53' N, longitude 079° 10.43' W; thence, based on NOS chart 11535 (11th edition, April 18, 1992), following the shoreline of North Island to the point at latitude 33° 19.03' N, longitude 079° 09.57' W; thence following a straight line northerly across North Inlet to the point on the south end of Debidue Island at latitude 33° 19.98' N, longitude 079° 09.60' W; thence following the shorelines of Debidue Island, Pawleys Island, Litchfield Beach, and Magnolia Beach, and crossing the mouths of Pawleys Inlet and Midway Inlet to the point on the south jetty for Murrells Inlet at latitude 33° 31.60' N, longitude 079° 01.90' W; thence following a straight line northerly across Murrells Inlet to the point of intersection with the north jetty at latitude 33° 31.96' N, longitude 079° 01.77' W; thence following the shoreline northeasterly and crossing the mouths of Singleton Swash, White Point Swash, and Hog Inlet to the point of intersection with the south jetty for Little River on the eastern end of Waites Island at latitude 33° 50.91' N, longitude 078° 33.21' W; thence following a straight line easterly across Little River Inlet to the point on the north jetty on Bird Island at latitude 33° 50.97' N, longitude 078° 32.62' W; thence following the shoreline of Bird Island to its intersection with the South Carolina - North Carolina boundary line at latitude 33° 51.09' N, longitude 078° 32.50' W.

Section 50-5-710. It is lawful to trawl for shrimp or prawn in the General Trawling Zone during those times and seasons set by the department.

Section 50-5-715. (A) The following portions of the General Trawling Zone are established in which trawling is restricted.

(1) Based on NOS chart 11513 (22nd edition, July 12, 1997), all that area bounded by a closed line beginning at the point on the shoreline on the southwestern end of Hilton Head Island at latitude 32° 07.30' N, longitude 080° 49.50' W; thence following the shoreline of Hilton Head Island to the point on its northeastern end at latitude 32° 14.20' N, longitude 080° 40.65' W; thence northeasterly, following a straight line on a geodetic azimuth of 065 degrees, to the point one-quarter nautical mile seaward from the shoreline; thence southeasterly, southwesterly, and northerly following a line that is one-quarter nautical mile seaward of the shoreline to the point at the intersection of said line with the inshore trawl boundary across Calibogue Sound; thence following the inshore trawl boundary easterly to the point of beginning.

(2) Based on NOS chart 11513 (22nd edition, July 12, 1997), all that area bounded by a closed line beginning at the southernmost point of Fripp Island at latitude 32° 18.40' N, longitude 080° 30.05' W; thence following the shoreline of Fripp Island to its easternmost point at latitude 32° 19.35' N, longitude 080° 27.18' W; thence southeasterly, following a straight line on a geodetic azimuth of 155 degrees, to the point one-quarter nautical mile seaward from the shoreline; thence southwesterly following a line that is one-quarter nautical mile seaward of the shoreline to the point at the intersection of said line and a straight line with a geodetic azimuth of 155 degrees from the point of beginning; thence following a straight line northwesterly to the point of beginning.

(3) Based on NOS chart 11513 (22nd edition, July 12, 1997), all that area bounded by a closed line beginning at the southernmost point of Hunting Island at latitude 32° 20.32' N, longitude 080° 27.28' W; thence following the shoreline of Hunting Island to its northernmost point at latitude 32° 23.50' N, longitude 080° 25.80' W; thence southeasterly, following a straight line on a geodetic azimuth of 100 degrees, to the point one-quarter nautical mile seaward from the shoreline; thence southwesterly following a line that is one-quarter nautical mile seaward of the shoreline to the point at the intersection of said line and the inshore trawl boundary across Fripp Inlet; thence following the inshore trawl boundary northerly to the point of beginning.

(4) Based on NOS chart 11521 (22nd edition, January 20, 1996), all that area bounded by a closed line beginning at the southernmost point (Bay Point) of Edisto Beach at latitude 32° 28.66' N, longitude 080° 20.18' W; thence following the shoreline of Edisto Beach to the point at latitude 32° 30.19' N, longitude 080° 17.78' W (nearest point on the shoreline to where S. C. Highway 174 enters the Town of Edisto Beach); thence southeasterly, following a straight line on a geodetic azimuth of 145 degrees, to the point one-half nautical mile seaward from the shoreline; thence southwesterly and northerly following a line that is one-half mile seaward of the shoreline to the point at the intersection of said line and the inshore trawl boundary across the South Edisto River; thence following the inshore trawl boundary easterly to the point of beginning.

(5) Based on NOS chart 11521 (22nd edition, January 20, 1996), all that area bounded by a closed line beginning at the point on Edisto Beach at latitude 32° 30.19' N, longitude 080° 17.78' W (nearest point on the shoreline to where S. C. Highway 174 enters the Town of Edisto Beach); thence northeasterly following the shorelines of Edisto and Edingsville Beaches and crossing the mouth of Jeremy Inlet; to the point on Edingsville Beach at latitude 32° 31.42' N, longitude 080° 16.00' W; thence southeasterly, following a straight line on a geodetic azimuth of 145 degrees, to the point one-quarter nautical mile seaward from the shoreline; thence southwesterly following a line that is one-quarter nautical mile seaward of the shoreline to the point at the intersection of said line and a straight line with a geodetic azimuth of 145 degrees from the point of beginning; thence following a straight line northwesterly to the point of beginning.

(6) Based on NOS chart 11521 (22nd edition, January 20, 1996), all that area bounded by a closed line beginning at the southernmost point of Folly Island at latitude 32° 38.40' N, longitude 079° 58.36' W; thence following the shoreline of Folly Beach to the point at latitude 32° 39.28' N, longitude 079° 56.37' W (location of the Folly Beach - Edwin S. Taylor Fishing Pier); thence southeasterly, following a straight line on a geodetic azimuth of 150 degrees, to the point one-quarter nautical mile seaward from the shoreline; thence southwesterly following a line that is one-quarter nautical mile seaward of the shoreline to the point at the intersection of said line and the inshore trawl boundary across Stono Inlet and Folly River; thence following the inshore trawl boundary northeasterly to the point of beginning.

(7) Based on NOS chart 11521 (22nd edition, January 20, 1996), all that area bounded by a closed line beginning at the point on the shoreline of Folly Island at latitude 32° 39.28' N, longitude 079° 56.37' W (location of the Folly Beach - Edwin S. Taylor Fishing Pier); thence northeasterly following the shoreline to the easternmost point of Folly Island at latitude 32° 41.10' N, longitude 079° 53.17' W; thence following the inshore trawl boundary northerly to the point one-half nautical mile seaward of the shoreline; thence southeasterly and southwesterly following a line that is one-half nautical mile seaward of the shoreline to the point at the intersection of said line and a straight line with a geodetic azimuth of 150 degrees from the point of beginning; thence following a straight line northwesterly to the point of beginning.

(8) Based on NOS chart 11521 (22nd edition, January 20, 1996), all that area bounded by a closed line beginning at the point of intersection of the submerged north jetty of Charleston Harbor with the shoreline of Sullivans Island at latitude 32° 45.46' N, longitude 079° 50.40' W; thence northeasterly following the shoreline of Sullivans Island, the seaward edge of the Breach Inlet bridge, and the shoreline of Isle of Palms to its easternmost point at latitude 32° 48.90' N, longitude 079° 43.09' W; thence southeasterly, following a straight line on a geodetic azimuth of 140 degrees, to the point one-half nautical mile seaward of the shoreline; thence southwesterly following a line that is one-half nautical mile seaward of the shoreline to the point at the intersection of said line and the inshore trawl boundary (the submerged north jetty of Charleston Harbor); thence following the inshore trawl boundary northerly to the point of beginning.

(9) Based on NOS chart 11535 (11th edition, April 18, 1992), all that area bounded by a closed line beginning at the southernmost point of Pawleys Island at latitude 33° 23.70' N, longitude 079° 08.48' W; thence following the shorelines of Pawleys Island, Litchfield Beach, and Magnolia Beach and crossing the mouth of Midway Inlet to the point of intersection with the south jetty for Murrells Inlet at latitude 33° 31.60' N, longitude 079° 01.90' W; thence following a straight line northerly across Murrells Inlet to the point on the north jetty at latitude 33° 31.96' N, longitude 079° 01.77' W; thence northeasterly following the shoreline to the point on Garden City Beach at latitude 33° 34.34' N, longitude 079° 00.13' W; thence southeasterly, following a straight line on a geodetic azimuth of 125 degrees to the point one-half nautical mile seaward of the shoreline; thence southwesterly following a line that is one-half nautical mile seaward of the shoreline to the point at the intersection of said line and a straight line with a geodetic azimuth of 110 degrees from the point of beginning; thence following a straight line northwesterly to the point of beginning.

(10) Based on NOS chart 11535 (11th edition, April 18, 1992), all that area bounded by a closed line beginning at the point on the shoreline on Garden City Beach at latitude 33° 34.34' N, longitude 079° 00.13' W; thence following the shoreline northeasterly and crossing the mouths of Singleton Swash, White Point Swash, and Hog Inlet to the point of intersection with the south jetty for Little River on the eastern end of Waites Island at latitude 33° 50.91' N, longitude 078° 33.21' W; thence following a straight line easterly across Little River Inlet to the point on the north jetty on Bird Island at latitude 33° 50.97' N, longitude 078° 32.62' W; thence following the shoreline of Bird Island to its intersection with the South Carolina-North Carolina boundary line at latitude 33° 51.09' N, longitude 078° 32.50' W; thence southeasterly following the state-boundary line to the point one-half nautical mile seaward of the shoreline; thence southwesterly following a line that is one-half nautical mile seaward of the shoreline to the point at the intersection of said line and a straight line with a geodetic azimuth of 125 degrees from the point of beginning; thence following a straight line northwesterly to the point of beginning.

(11) Based on NOS chart 11532 (18th edition, June 1, 1996), all that area of North Santee Bay bounded by a closed line beginning at the point on the shoreline of Cedar Island at latitude 33° 08.36' N, longitude 079° 14.71' W; thence following a straight line northerly across the North Santee River to the southernmost point of Cane Island at latitude 33° 08.92' N, longitude 079° 14.92' W; thence following the eastern shoreline of Cane Island and crossing the mouth of an unnamed creek to the easternmost point of Crow Island at latitude 33° 10.04' N, longitude 079° 15.34' W; thence following a straight line northeasterly across North Santee Bay to the point on South Island at the south side of the mouth of Beach Creek at latitude 33° 10.43' N, longitude 079° 14.60' W; thence following the shoreline of South Island to its southernmost point (Santee Point) at latitude 33° 08.06' N, longitude 079° 14.38' W; thence following a straight line northwesterly across the North Santee River to the point of beginning.

(12) Based on NOS chart 11532 (18th edition, June 1, 1996), all that area of Winyah Bay bounded by a closed line beginning at the point where the shoreline of Sand Island intersects the south jetty for Winyah Bay at latitude 33° 11.43' N, longitude 079° 11.00' W; thence following the shorelines of Sand and South Islands to the point on South Island at latitude 33° 13.82' N, longitude 079° 12.16' W; thence following a straight line easterly passing approximately through the charted positions of a green light buoy marked '15' and a red nun or conical buoy marked '16' to the point on North Island at latitude 33° 14.00' N, longitude 079° 11.32' W; thence following the shoreline of North Island southerly and easterly to its intersection with the north jetty for Winyah Bay at latitude 33° 12.53' N, longitude 079° 10.43' W; thence following a straight line southwesterly across the entrance to Winyah Bay to the point of beginning.

(B) Those areas described in subsections (A)(1) through (A)(9) are closed to trawling from May 1 through September 15, inclusive, from 8:00 a.m. until 9:00 p.m., local time.

(C) That area described in subsection (A)(10) is closed to trawling year round from 8:00 a.m. until 9:00 p.m., local time.

(D) Those areas described in subsections (A)(11) and (A)(12) are closed to trawling during the period December 16 through August 31, inclusive.

(E) It is unlawful to trawl in the areas established in this section during closed seasons except under permit provided in this chapter.

Section 50-5-720. (A) It is unlawful to dispose of trawl bycatch or waste fisheries products at any time into state waters within one-half nautical mile of any Atlantic Ocean beach for which trawling restrictions are provided in the manner provided by law.

(B) Any licensed commercial saltwater fisherman who violates this section is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department. Any person other than a licensed commercial saltwater fisherman who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

Section 50-5-725. The description of trawling waters in this article refer to the National Oceanic Service Nautical Charts prepared by the National Oceanic and Atmospheric Administration (NOAA) and future revisions of these charts by the federal government. References to points of latitude and longitude in this chapter are North American Datum 1983-1986 and take precedent over any reference to landmarks, buoys, jetties, or other physical features.

Section 50-5-730. It is unlawful to trawl within one-half nautical mile of any public fishing pier in the salt waters. Any licensed commercial saltwater fisherman who violates this section is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department.

Section 50-5-735. (A) Except as provided in this section it is unlawful to trawl at night. Night as used in this section means:

(1) during the period April 1 through August 31: 9:00 p.m. to 5:00 a.m. the following day, local time; and

(2) during the period September 1 through October 31: 8:00 p.m to 6:00 a.m. the following day, local time; and

(3) during the period November 1 through March 31: 7:00 p.m to 6:00 a.m. the following day, local time.

(B) The department may grant permits authorizing night trawling for finfish.

Section 50-5-740. The department may annually set the season for taking blue crabs (Callinectes sapidus) by trawling during the period December 1 of one year through March 31 of the following year, inclusive. It is unlawful to trawl for crabs during the closed season.

Section 50-5-745. The operator of a shrimp trawler may take, retain, and market lawful size blue crabs taken in the normal lawful process of trawling for shrimp during the seasons set for taking shrimp.

Section 50-5-750. It is unlawful to trawl for crabs with equipment with a mesh of less than four inches stretched, and chafing gear of any sort must not be more than one-half the circumference of the tailbag. Any person other than a licensed commercial saltwater fisherman who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Any licensed commercial saltwater fisherman who violates this section is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department.

Section 50-5-760. (A) The department may grant permits to persons for trawling or dredging for finfish, blue crabs, whelks (conchs), or other marine resource in any portion of the General Trawling Zone. Any person engaged in the activity must possess a valid permit for the purpose granted by the department. Any vessel lawfully engaged in taking shrimp with trawl nets having stretched mesh of less than two and one-half inches does not require a permit to retain lawful finfish, blue crabs, whelks, or other marine resource.

(B) Permits granted under this section may include conditions as to minimum size requirements, mesh size of nets and other devices, fishing times or periods, fishing areas, species which may be retained for sale, catch limitations, catch reporting requirements, and other matters which it deems necessary. Unless permitted under this section, no net having a mesh of less than four inches stretched mesh may be aboard a boat trawling during the closed season for shrimp unless the net is stored below deck or secured in a locked bin or container.

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

(D) Any licensed commercial saltwater fisherman who violates this section by failing to acquire a permit or by failing to meet a condition of a permit is subject to a civil fine of not less than five hundred dollars nor more than one thousand dollars and loss of saltwater privileges for six months by the department. Any person other than a commercial saltwater fisherman who violates this section by failing to acquire a permit is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

Section 50-5-765. The operator of any vessel operating in an area or during a time when trawling is restricted or prohibited and which vessel does not have its trawl doors completely out of the water is illegally trawling. The department may permit trawling for finfish, whelk (conch), horseshoe crab, blue crab, or other marine resource.

Section 50-5-770. A turtle excluder device must be used in trawl nets in the salt waters of this State under the same conditions required by federal regulations. Any licensed commercial saltwater fisherman who violates this section is subject to a civil fine of not less than one thousand dollars nor more than two thousand five hundred dollars and loss of saltwater privileges for twelve months by the department. Any person other than a commercial saltwater fisherman who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.

Section 50-5-775. (A) Any shrimp trawl made in part or in whole of any webbing less than two and one-half inches stretched mesh and exceeding a head rope length of sixteen feet used in the waters of this State must contain one or more department-approved, properly installed bycatch reduction devices when trawling.

(B) When a vessel is underway, this section applies to nets attached to trawl doors.

(C) When a vessel is moored at a dock or anchored, this section applies to nets attached to trawl doors or hung in the vessel's rigging.

(D) The department may exempt nets utilized by persons holding a valid scientific collection permit granted by the department.

(E) Any licensed commercial saltwater fisherman who violates this section is subject to a civil fine of not less than five hundred dollars nor more than one thousand dollars and loss of satlwater privileges for six months by the department. Any person other than a commercial saltwater fisherman who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

Section 50-5-780. (A) Unless otherwise provided in this article, any licensed commercial saltwater fisherman who violates a provision of this article is subject to a civil penalty by the department of not more than five thousand dollars and suspension of commercial saltwater privileges for twelve months. Any person other than a licensed commercial saltwater fisherman is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Any catch aboard or under control of the fisherman or other person at the time of the violation is contraband and must be seized and disposed of as provided in this chapter.

(B) In addition to any other penalty provided in this chapter, the penalties for trawling in closed waters of this State one-half nautical mile distance or greater from the nearest point of the General Trawling Zone boundary are as follows:

(1) any licensed commercial saltwater fisherman is subject to a civil penalty by the department of not less than five thousand dollars and suspension of saltwater privileges for two years; and

(2) any person other than a licensed commercial saltwater fisherman is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars or imprisoned for thirty days.

(C) Any catch aboard or under the control of the fisherman or other person at the time of the violation is contraband and must be seized and disposed of as provided in this chapter.

Section 50-5-900. (A) The department may grant permits to any state resident for the exclusive use of portions of the intertidal or subtidal state-bottoms or waters for commercial shellfish culture or mariculture not to exceed an aggregate of five hundred acres of bottoms or an aggregate of one hundred surface acres of waters to any entity. In exercising its discretion the department may consider applicants' previous performance and compliance with natural resources laws.

(B) Each permit is valid for five years and may be renewed for additional terms.

Section 50-5-905. (A) Any person or entity desiring to acquire a Shellfish Culture Permit or a Shellfish Mariculture Permit for any bottoms or waters must make written application to the department on a form provided by the department. A nonrefundable sum of twenty-five dollars must accompany the application for each permit. If the proposed area is available for shellfish culture or mariculture, the department shall determine:

(1) the acreage of waters or shellfish bottoms; and

(2) the acreage capable of producing shellfish.

(B) No other Shellfish Culture Permit may be granted for the bottoms delineated within an existing Shellfish Culture Permit area. However, within the perimeter boundary of an existing Shellfish Culture Permit, the department may grant permits for mariculture for waters or bottoms not then under culture permit.

Section 50-5-910. (A) Any applicant for Shellfish Culture Permits and Shellfish Mariculture Permits must:

(1) satisfy the department that the applicant has sufficient shellfish culture experience and will directly manage and supervise the cultivation of the permit area applied for, or will employ a qualified individual as manager within three months following the date that the permit becomes effective;

(2) own and employ or provide assurance that the applicant is capable of acquiring the necessary equipment and personnel to effectively harvest and manage the area in question; and

(3) hold or be qualified to obtain all state and federal approvals required for use of the bottoms or waters for which application is made.

(B) In cases where two or more individuals who are equally qualified apply for a permit for the same bottoms or waters, the granting of the permit may be determined by lottery. The order in which applications are received shall have no bearing on the granting of a permit.

(C) Persons and entities granted Shellfish Culture Permits and Shellfish Mariculture Permits must submit a sworn statement stating the permittee has a wholesale seafood dealer's license, a molluscan shellfish license, and a shellfish facility certified by the South Carolina Department of Health and Environmental Control or that all shellfish harvested for sale shall be handled through a licensed wholesale seafood dealer having a molluscan shellfish license and a Department of Health and Environmental Control approved facility.

Section 50-5-915. (A) In reviewing applications for Shellfish Culture Permits and Shellfish Mariculture Permits, the department must:

(1) review applications for permits and consider each applicant's qualifications, and may conduct personal interviews;

(2) consider contested permit applications, permit revisions, variances, or revocations; and

(3) consider the allocation of shellfish bottoms and waters for public or private use.

(B) Permits may be conditioned by the department to include requirements related to:

(1) shellfish production and reporting;

(2) mariculture structures and operations;

(3) guarantee of public rights of access and nonconflicting uses of permitted areas;

(4) planting variances;

(5) bonding and escrow;

(6) the department being held harmless from any claims or damages resulting from the permitted operations;

(7) correction of any environmental degradation which may result from the permitted activity; and

(8) revocation for failure to comply with permit performance conditions.

(C) Revocation of Shellfish Culture Permits and Shellfish Mariculture Permits may be delegated by the department director to the Deputy Director for Marine Resources.

Section 50-5-920. (A) If this State authorizes any activity or use which requires closure of shellfish bottoms or waters, the portion of permitted bottoms or waters which falls within the closed area may be removed from the permit acreage, and the permit acreage agreement and annual fee adjusted on the annual renewal date.

(B) If any activity or use is permitted:

(1) over the objections of the department, or

(2) for a project of overriding public need,

and if the activity or use causes shellfish bottoms or waters to be unsuitable for the purposes of shellfish propagation or diminishes the productivity of any shellfish bottoms or waters, the agency which allowed the activity must, upon recommendation by the department, require mitigation for the loss of the resource. Mitigation must not be considered as a factor to justify adverse impacts, and this section must not be interpreted as authorizing any adverse impact on shellfish bottoms or waters.

(C) If an unauthorized action results in an adverse impact on shellfish bottoms or waters, the responsible party may be required by the department to mitigate for the loss of the resource and to compensate the department's shellfish permittee.

(D) Where shellfish grounds have been adversely impacted or closed by previous state authorization and there is additional adverse impact authorized by a state agency, the proponent (permittee) of the additional activity or use must mitigate the additional adverse impact. All such mitigation must benefit the resource.

(E) Mitigation of adverse impacts on shellfish bottoms and waters must be determined by the department. The determination constitutes a final agency decision for the purposes of the Administrative Procedures Act.

Section 50-5-925. Upon conditional approval by the department of the shellfish culture or mariculture application and map, the applicant must publish a notice advising all interested persons that the applicant has applied for a Shellfish Culture Permit or Shellfish Mariculture Permit and provide a specific description of the bottoms or waters. The notice must be published once a week for three consecutive weeks in a newspaper of general circulation in the county of the proposed permit.

Section 50-5-930. If a person granted a Shellfish Culture Permit or a Shellfish Mariculture Permit reapplies for the same bottoms or waters in the next ensuing term, the department must give preference to that applicant if the applicant has complied with all requirements of this article and his permit.

Section 50-5-935. Each person granted a Shellfish Culture Permit or a Shellfish Mariculture Permit must pay an annual fee of five dollars an acre for the bottoms on which he has been granted shellfishing rights, or five dollars an acre of water surface determined at mean high water delineated on the permit map, or both when waters above permitted bottoms are also permitted. In the case of bottoms, the annual permit fee must be based on the number of bottom acres producing or capable of producing shellfish. The annual fee for shellfish permits must be prorated from the first of the month following the issuance of the permit to February 1 next. Thereafter, all annual fees are payable in advance. On February 1, the department must invoice each permittee. If the annual fee is not paid by March 1, the department must add a late penalty of ten percent. If the department does not receive the fee and any penalty on or before April 1, the permit is void.

Section 50-5-940. (A) Each Shellfish Culture permittee must plant fifty bushels of shell, seed oysters, seed clams, or other approved culch, or equivalent as determined by the department, annually for each acre of bottoms in his permit. All culch planting must be done between May 1 through August 31, inclusive, except permittees may replant green oyster shell from current operations if the shell is replanted within three days after gathering. Seed oysters and seed clams may be planted at any time of the year. All planting must be done only after notice to and with the approval of the department.

(B) The department may allow credit for planting on shellfish bottoms not under permit. If the plantings are previously approved by the department, credit must be given toward the permittee's annual quota in an amount equal to two times that of the number of bushels actually planted.

(C) 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.

(D) If a permittee does not plant the required quota of approved culch, his permit must be revoked or the permitted acreage reduced based upon the percentage of quota actually planted. In the event a permittee believes a permitted area, or a portion thereof, does not require planting for reasons of sound management, he must apply in writing to the department for a variance in his annual quota. The decision as to whether or not the bottoms must be planted or a variance given is within the discretion of the department. One cubic yard of approved culch is considered as twenty-one and seven-tenths bushels.

(E) The provisions of this section do not apply to Shellfish Mariculture Permits.

Section 50-5-945. Shellfish Culture permittees may acquire a permit to take shellfish for replanting from state bottoms designated by the department for that purpose. The permittee must make application to the department ten days before removing shellfish.

Section 50-5-950. In addition to the requirements of this article, the department may specify other permit terms and conditions. The department may require a written agreement between or among permittees holding bottoms or waters within a specified perimeter boundary. If the permittee violates any terms or conditions of the permit or a written agreement, the department may revoke or suspend the permit.

Section 50-5-955. (A) The Department of Natural Resources may designate and shall maintain Public Shellfish Grounds where persons holding or exempted from holding a marine recreational fishing stamp as required by Article 19 of this chapter may gather shellfish for personal use as provided in the article. The open areas must be located preferably at or near public landings. In no instance may the Department of Natural Resources designate any area which is located within one thousand feet of any developable highland property as a Public Shellfish Ground. Areas designated prior to January 1, 1996, are exempt from the siting provision of this section.

(B) No area containing a structure permitted by the Department of Health and Environmental Control under Section 48-39-130(C) may be designated pursuant to this section. The Department of Health and Environmental Control may not issue a permit pursuant to Section 48-39-130 for utilization of a critical area designated as a Public Shellfish Ground.

Section 50-5-960. (A) The following provisions apply to the taking and possessing of shellfish from bottoms designated by the department for recreational shellfish harvest by persons not permitted to harvest shellfish for commercial purposes:

(1) there is a personal limit of not more than two bushels of oysters or one-half bushel of clams, or both, in any one day;

(2) each person must have in possession a valid saltwater stamp unless exempted under this chapter;

(3) no person may gather more than one personal limit of shellfish per day on more than two calendar days per any seven day period; and

(4) regardless of the number of persons, there is a maximum possession limit of three personal limits per boat or vehicle or boat and vehicle combination.

(B) No person other than a person holding the required commercial license and permit may have in possession more than the daily limit provided in this article while on the waters of this State or the adjoining lands provided that this prohibition does not apply to persons possessing or transporting properly tagged shellfish received from a licensed and certified wholesale seafood dealer.

(C) Any person who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

Section 50-5-965. (A) Any person who takes shellfish from bottoms or waters designated for commercial harvest must possess an individual harvesting permit granted by the department if the person:

(1) harvests or possesses quantities greater than those provided in this article for personal use, or

(2) harvests for commercial purposes.

(B) The department may limit the number of areas not under Shellfish Culture Permit or Shellfish Mariculture Permit on which an individual may be permitted to harvest.

(C) When bottoms or waters are under permit for shellfish culture or mariculture, permittees may allow persons to harvest shellfish from bottoms and waters permitted to him. In addition to the permit required in subsection (A), harvesters must possess written approval from the Shellfish Culture permittee or Shellfish Mariculture permittee in a form approved by the department. Culture and Mariculture permittees must provide approved harvesters with the written permission and must maintain accurate record of harvesters' names, addresses, and, if available, telephone numbers.

(D) It is unlawful for any person to take or attempt to take shellfish in quantities greater than those for personal use provided in this article from any state-owned bottoms or waters without having in his possession a valid individual harvesting permit granted to him. Any person who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

(E) It is unlawful for any commercial saltwater fisherman to take or attempt to take shellfish from state-owned bottoms or waters without a valid individual harvester permit granted to him by the department. The permit must be on his person during harvest or attempts to harvest. Any commercial saltwater fisherman who violates this section is subject to a civil fine of not less than five hundred dollars nor more than one thousand dollars and loss of saltwater privileges for six months.

(F) In order to obtain an individual harvester permit a person must be a licensed commercial saltwater fisherman and hold all other appropriate valid commercial licenses.

Section 50-5-970. (A) For the privilege of taking shellfish from any bottoms or waters of this State by aid of mechanically operated devices, including dredges, hydraulic escalators, patent tongs, hoists, cranes, and mechanical oyster harvesters, an individual or entity must first procure a permit.

(B) It is unlawful to take or attempt to take shellfish from any state bottoms or waters for any purposes by mechanically operated devices without obtaining a mechanical harvest permit from the department. Any person other than a licensed commercial saltwater fisherman who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Any commercial saltwater fisherman taking or attempting to take shellfish by mechanically operated devices without an appropriate, valid mechanical harvesting permit is subject to a civil fine of not less than one thousand dollars nor more than two thousand five hundred dollars and loss of saltwater privileges for twelve months by the department. Any commercial equipment or vessel used in violating this section and any shellfish in possession at the time of a violation is contraband.

Section 50-5-975. (A) Any person permitted to harvest shellfish from state-owned bottoms for commercial purposes must harvest, whether for commercial or personal use, from only the areas of state bottoms specified on the permit. Any licensed commercial saltwater fisherman who violates this subsection is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department and loss suspension of commercial saltwater privileges for six months.

(B) Following voluntary surrender of a commercial shellfish harvest permit by a commercial saltwater fisherman, the department must not reissue a commercial shellfish harvest permit to the person during the remainder of the license year.

Section 50-5-980. It is unlawful for any person, without approval of the department, to erect or maintain any sign over or on any state shellfish bottoms or waters, provided however a Culture or Mariculture Permit holder may erect signs approved by the department to designate areas under permit. This section in no way affects placement by an authorized public agency of signs for aid to navigation, public health, public safety, and geographic designation. Any person who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

Section 50-5-985. (A) The department may annually set the season for taking shellfish during the period September 16 of any year through April 15 of the following year, inclusive. It is unlawful for any person to take or attempt to take any shellfish from shellfish grounds during the closed season.

(B) It is unlawful to take or attempt to take shellfish from any grounds closed by the department or any other authorized government agency.

(C) The department has the authority to open or close any area for the taking of shellfish for any specified period at any time during the year when biological or other conditions warrant the action.

(D) Nothing in this section prevents the department from permitting the take of shellfish for the purposes of replanting or propagation.

(E) Shellfish imported into this State during the closed season must bear written evidence, such as a bill of lading or other official document from the State of removal, which verifies that the shellfish were lawfully taken from that state. Any licensed commercial saltwater fisherman who violates this subsection is subject to a civil fine of not less than five hundred dollars nor more than one thousand dollars and loss of saltwater privileges for six months by the department. Any person other than a licensed commercial saltwater fisherman who violates this subsection is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

(F) Any licensed commercial saltwater fisherman who violates subsection (A) or (B) is subject to a civil fine of not less than two thousand five hundred dollars nor more than five thousand dollars and loss of saltwater privileges for twelve months by the department. Any person other than a licensed commercial saltwater fisherman who violates the provision of subsection (A) or (B) is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

Section 50-5-990. (A) It is unlawful to take or attempt to take, possess, sell, purchase, or import a hard clam of the genus Mercenaria of less than one inch in thickness or greater than two and one-half inches as measured from the exterior surface of one shell of the intact clam to the exterior surface of the opposite shell. Any person taking a clam of other than legal size must immediately return it to the bottoms from whence it came.

(B) It is lawful for persons and entities engaged in shellfish mariculture operations to possess mariculture clams of less than the minimum size specified in this section and to import, purchase, sell, or transplant undersized mariculture clams, as defined in this section, by obtaining a permit. It is also lawful for a licensed wholesale seafood dealer or retail restaurant to purchase and possess for resale undersized maricultured clams purchased from a mariculture operation permitted pursuant to this section, provided the licensed wholesale seafood dealer or retailer has proof of origin in possession for each lot of clams purchased.

(C) Any person licensed under this chapter to engage in commercial fisheries who violates this section is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department. A violation of this section by any person not licensed to engage in commercial fisheries is a misdemeanor and, upon conviction, that person shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

Section 50-5-995. The department may permit persons and entities engaged in shellfish mariculture operations to take, possess, and sell maricultured shellfish at any time during the year.

Section 50-5-1000. (A) The department must maintain Public Shellfish Grounds where shellfish may be taken solely for personal use not to exceed the daily limit.

(B) Any licensed commercial saltwater fisherman taking shellfish from Public Shellfish Grounds and any licensed wholesale seafood dealer knowingly receiving shellfish from Public Shellfish Grounds is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department and suspension of commercial saltwater license privileges for a period of six months from the date of adjudication.

(C) Any person other than a licensed commercial saltwater fisherman taking shellfish from a Public Shellfish Ground for commercial purposes or selling shellfish taken from a Public Shellfish Ground is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

Section 50-5-1005. (A) It is unlawful for any wholesale seafood dealer to purchase shellfish produced, taken, or landed in this State from anyone who is not either:

(1) a properly licensed and permitted commercial saltwater fisherman; or

(2) a properly licensed wholesale seafood dealer.

(B) The wholesale seafood dealer must maintain a record of all purchases of shellfish produced, taken, or landed in this State including the name and address of the person from whom purchased, the area where harvested, the type of shellfish purchased, the dates of harvest and purchase, and the commercial saltwater fisherman's license number. The record must be available for inspection by any law enforcement officer or department personnel for one year after the date of sale.

(C) Any licensed wholesale seafood dealer who violates this section is subject to a civil fine of not less than one thousand dollars nor more than two thousand five hundred dollars and loss of saltwater privileges for twelve months by the department and suspension of the wholesale seafood dealer license privilege for twelve months from the date of adjudication.

Section 50-5-1010. (A) No molluscan shellfish, shellfish tissues, or shells may be imported into this State and placed in waters in this State except under the provisions of a shellfish importation permit.

(B) The department may grant permits to persons to import molluscan shellfish, shellfish tissues, or shells into this State for commercial purposes. Permits may include conditions related to:

(1) the type or species of mollusks to be imported;

(2) ancillary species attached to or associated with the species to be imported;

(3) structure and placement of holding or storage facilities;

(4) placement of the product in natural waters of this State ;

(5) disposal of shellfish, shellfish parts, and associated biota;

(6) reporting requirements; and

(7) other matters which are deemed important by the department to the protection of the natural resources of this State.

Any person who imports molluscan shellfish, shellfish tissues, or shells into this State for commercial purposes must first acquire a permit from the department.

(C) Any licensed commercial saltwater fisherman or wholesale seafood dealer who violates this section or who fails to meet the conditions of a permit is subject to a civil penalty by the department of not more than five hundred dollars and suspension of commercial saltwater privileges and the wholesale seafood dealer license privilege for a period of twelve months from the date of adjudication.

(D) Any other person who violates this section or who fails to meet the conditions of a permit is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

Section 50-5-1015. (A) The department has jurisdiction over all natural shell deposits, including oysters, clams, and other mollusks, occurring upon or within state-owned bottoms, and over all shell deposits lying above mean high water if those deposits have been created by the process of accretion to state-owned lands or bottoms.

(B) The department may grant permits to remove shell from these deposits for use in shellfish cultivation and mariculture. The permits must be granted for a term not to exceed three years and must specify conditions for removal. Permits may be granted only when no significant ecological perturbations are foreseen. If permitted removal does cause significant ecological perturbations as a result of the permittee failing to abide by conditions of the permit, the permittee must restore the area to its original condition or as close to its original condition as possible. The department must specify a fixed price for each unit of shell removed. Payments for shell removed must be made by the permittee on or before the tenth day of each month for the preceding month.

Section 50-5-1020. It is unlawful to remove shell from any shell deposits under state jurisdiction except as provided by this article. Any licensed commercial saltwater fisherman or wholesale seafood dealer who violates this section or a condition of a permit is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department. Any person other than a licensed commercial saltwater fisherman who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

Section 50-5-1025. Except in lawful trawling waters, it is unlawful to take, possess, sell, or purchase a living whelk (conch) of the genus Busycon of less than four inches in maximum dimension if taken in this State.

Section 50-5-1100. (A) It is unlawful to catch or take shrimp by any means for commercial purposes outside the General Trawling Zone provided in Section 50-5-710 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 1 and November 15 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 high land.

(C) It is unlawful for a resident or nonresident of this State to take shrimp by cast net over bait during the open season unless he first obtains from the department a shrimp baiting license and associated tags, except that a resident possessing the required license and associated tags, while shrimping from a boat may be assisted in casting by other resident individuals in the boat with him and those individuals are not required to have a license or associated tags. Upon receipt of application and fees, the department shall issue the license along with ten marking device tags bearing the corresponding license number. Each licensee while shrimping over bait shall carry on his person his baiting license and upon demand shall show it to an enforcement officer.

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

(E) The fee for a resident shrimp baiting license and associated tags is twenty-five dollars. The fee for the issuance of the nonresident shrimp baiting license and associated tags is five hundred dollars. The department may issue duplicate baiting licenses or tags upon affidavit from the licensee that he has lost his baiting license or tags. The duplicate license or tags must be labeled 'Duplicate'. The fee for the issuance of a duplicate shrimp baiting license 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 licenses and tags authorized in this section are retained by the department for the purposes of administration and enforcement of this section and article and to conduct an annual survey of the fishery.

(F)(1) It is unlawful for any person to catch or take shrimp over a baited area unless 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) It is unlawful for any person to catch or take shrimp over a baited area unless 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 licensee is not located in the immediate vicinity, the poles must be confiscated by the department.

(8) The licensee is allowed to shrimp over only those poles bearing his corresponding license 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.

Nothing in this subsection prevents the owner of a private dock or any person with written permission from taking shrimp over bait from the dock as long as the department issued license tag is clearly displayed upon the dock.

(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 high land.

(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 privilege must be suspended for two years. The boat, motor, trailer, rigging, coolers, nets, fishing devices, and catch is contraband and must be seized and disposed of as provided in this chapter.

(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 is contraband and must be seized and disposed of as provided in this chapter. 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 is contraband and must be seized and disposed of as provided in this chapter. Any person who violates subsection (C) or (D) for a second or subsequent offense 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 is contraband and must be seized and disposed of as provided in this chapter.

(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 is contraband and must be seized and disposed of as provided in this chapter.

(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 50-5-1105. (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 a 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 upon the waters or the lands immediately adjacent to the waters from May 1 through December 15. The possession limit is ninety-six quarts of whole shrimp or fifty-eight quarts of headed shrimp while not on the waters or lands immediately adjacent to the waters unless a person has in possession a bill of lading or receipt showing that the shrimp have been purchased from a licensed retail or wholesale dealer. This subsection does not apply to a licensed trawler lawfully fishing or transporting the catch, or to a licensed dealer distributing his product, or to a properly licensed bait dealer harvesting or distributing his product.

(C) From December 16 through April 30, except as otherwise provided in this subsection, it is unlawful for a person to have in his immediate control or possession more than a total of twelve dozen live or dead shrimp while upon the waters of this State. When a boat is being used to catch or transport shrimp, one limit is allowed among all persons in the boat. This subsection does not apply to a trawler lawfully fishing or transporting the catch or to a licensed dealer distributing his product, or to a properly licensed bait dealer harvesting or distributing his product. No trawler may have a cast net or other recreational shrimping gear aboard during this period. Charter fishing vessels properly licensed under Sections 50-5-1910 and 50-5-1930 may not have aboard more than a total of twenty-five dozen live or dead shrimp while upon the waters of this State from December 16 through April 30.

(D) Any bait dealer harvesting live shrimp to be sold as bait:

(1) must have in possession a valid bait dealer license;

(2) must have a live bait tank or bait tanks aboard the harvesting vessel with a compatible aeration system;

(3) may not have dead shrimp aboard; and

(4) must be certified by the department as a bona fide bait dealer. The department may annually certify bone fide bait dealers, and this department certification must be in writing and must be in the bait dealer's possession at all times when harvesting bait. For purposes of certification the department may inspect the business premises and floating equipment of a person engaged in harvesting and selling shrimp to be used as bait.

(E) Any licensed commercial saltwater fisherman, captain of a charter boat, wholesale seafood dealer, or bait dealer who violates this section is subject to a civil penalty by the department of not less than two hundred dollars nor more than one thousand dollars, and the entire catch is contraband and must be seized and disposed of as provided in this chapter. If the shrimp involved in the violation were caught over bait, the privilege to catch shrimp over bait must be suspended for two years from the date of conviction.

(F) Any other person who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days, and the entire catch is contraband and must be seized and disposed of as provided in this chapter. If the shrimp involved in the violation were caught over bait, the privilege to catch shrimp over bait must be suspended for two years from the date of conviction.

(G) No part of the fine, forfeiture, or suspension of privileges imposed for a violation under this section may be suspended.

Section 50-5-1300. (A) It is unlawful for any person to take, possess, sell, or offer for sale, any sponge crab or female crab from which the sponge has been removed. It is not unlawful to temporarily take sponge crabs incidental to lawful crabbing operations so long as the sponge crabs are returned immediately to the water without further harm.

(B) This section does not apply to licensed wholesale seafood dealers who hold a permit allowing importation of sponge crabs from states where their taking and selling are lawful. Any licensed wholesale seafood dealer found in violation of this section is subject to a civil penalty by the department of not more than one thousand dollars. Any licensed commercial saltwater fisherman who violates this section is subject to a civil fine of not less fifty dollars or more than five hundred dollars by the department. Any person other than a licensed commercial saltwater fisherman who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

Section 50-5-1305. (A) Except as provided in this section, it is unlawful:

(1) to set, move, fish, retrieve, or remove catch from traps which may be used to take blue crabs, or

(2) to transport aboard a vessel more than twenty-four blue crabs or parts or products thereof, during the following times:

(a) from 9:00 p.m until 5:00 a.m. the following day, local time, during the period April 1 through September 15; and

(b) from 7:00 p.m until 6:00 a.m the following day, local time, during the period September 16 through March 31.

This prohibition does not apply to recreational fishermen using traps from a land based structure or bank.

A vessel rigged to use a licensed trawl may have blue crabs aboard at night if taken during lawful trawling activity; however, no vessel rigged for trawling may be used to set, move, retrieve, or remove catch from crab traps.

(B) Any licensed commercial saltwater fisherman who violates this subsection is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department. Any person other than a licensed commercial saltwater fisherman who violates this subsection is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

Section 50-5-1310. (A) Except as provided in this chapter, it is unlawful for any person to take, possess, sell or offer for sale any blue crab (Callinectes sapidus) of a size smaller than five inches measured from the tip of one lateral spine across the back of the shell to the tip of the opposite lateral spine. It is not unlawful to temporarily take blue crabs of a size smaller than five inches incidental to lawful fishing operations so long as the undersized crabs are returned immediately to the water without further harm.

Any licensed commercial saltwater fisherman who violates this subsection is subject to a fine of not less than fifty dollars nor more than five hundred dollars by the department. Any person other than a licensed commercial saltwater fisherman who violates this subsection is guilty of a misdemeanor and, upon conviction, shall be punished by a civil fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

(B) Any licensed commercial saltwater fisherman licensed to harvest blue crabs may harvest or transport peeler crabs of less than five inches but must first obtain a written acknowledgment from a licensed peeler crab dealer stating that the peeler crab dealer will accept peeler crabs from the licensed commercial saltwater fisherman. A licensed commercial saltwater fisherman must deliver undersized peeler blue crabs only to licensed peeler crab dealers from whom he has received the written acknowledgment. A licensed commercial saltwater fisherman who violates this subsection is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department.

(C) The department may issue permits to persons engaged in clam mariculture for the capture, temporary possession, and transport of blue crabs or stone crabs of any size. The permittee must return all captured stone crabs and sublegal blue crabs alive to water of comparable salinity. A permittee using more than two traps may retain legal size blue crabs and stone crab claws only if licensed as a commercial saltwater fisherman and licensed to use traps.

Section 50-5-1315. It is lawful for licensed wholesale seafood dealers to import blue crabs of less than the minimum size specified in this article when permitted by the department. Each shipment of imported blue crabs must have with it a bill of sale or other documentation dated no earlier than three days preceding the shipment from a licensed commercial saltwater fisherman or seafood dealer in the jurisdiction of origin verifying the crabs were lawfully taken. Any licensed wholesale seafood dealer who violates this section is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department.

Section 50-5-1320. (A) Any vessel used in aid of taking or transporting live blue crabs for commercial purposes must display crab trap identification numbers assigned by the department as authorized in Article of this chapter. The numbers must be displayed permanently and conspicuously on the outside of the hull on both the port and starboard sides of the vessel near midships. Individual letters and numerals must be no less than eight inches in height and six inches in width and of a color contrasting that of the hull. An unobstructed circle no less than eight inches in diameter, outlined in a contrasting color must be displayed next to the trap identification number. The circle must consist of any one or two colors, other than black or yellow, which match the color or color combination utilized on crab trap buoys. If two colors are used, each must cover one-half of the circle. Colors must be of such hue and brilliance as to be easily distinguished and seen.

The department may approve and require crab fishermen to register color choices.

(B) Any licensed commercial saltwater fisherman who violates this section is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department. Any person other than a licensed commercial saltwater fisherman who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

Section 50-5-1325. (A) It is unlawful to take or possess a stone crab or stone crab parts except as provided herein.

(B) A stone crab having two claws may be temporarily taken for removal of the larger claw provided the larger claw is two and three-fourths inches in length or larger measured by a straight line from the elbow to the tip of the lower immovable claw finger, and the crab must be returned immediately to the water.

(C) It is unlawful to remove visible eggs or either claw from a female stone crab bearing visible eggs.

(D) It is unlawful to possess, sell, or offer for sale any stone crab claw which has a forearm (propodus) of less than the size provided in subsection (B).

(E) Any licensed commercial saltwater fisherman who violates this section is subject to a civil penalty by the department of not more than two hundred dollars.

(F) Any person other than a licensed commercial saltwater fisherman who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

Section 50-5-1330. (A) Taking or possessing horseshoe crabs (Limulus polyphemus) is unlawful except under permit granted by the department.

(B) The department may permit the taking of horseshoe crabs. Permits granted under this section may include provisions as to lawful fishing areas; minimum size requiements for horseshoe crabs; mesh size and dimensions of nets and other harvesting devices; by catch requirements; fishing times or periods; catch reporting requirements; holding facilities, conditions, and periods; and other conditions the department determines

(C) Horseshoe crabs from which blood is collected for production of amebocyte lysate may be held in facilities approved by the department and must be handled so as to minimize injury to the crab. Horseshoe crabs collected in South Carolina must be returned unharmed to state waters of comparable salinity and water quality as soon as possible after bleeding unless subsequent retention is permitted.

(D) The taking of horseshoe crabs incidentally during legal fishing operations does not violate this section if the crabs are returned immediately to the water unharmed.

(E) The department may grant permits to institutions and persons engaged in science instruction or curation to possess no more than five horseshoe crabs or parts thereof for such purposes, and permittees are not required to be licensed under this chapter.

(F) No horseshoe crab collected in South Carolina may be removed from this State.

(G) Any licensed commercial saltwater fisherman who violates this section or a condition of a permit granted under this section is subject to a civil penalty by the department of not more than two hundred dollars. Each horseshoe crab or part thereof in violation may be considered a separate offense.

(H) Any person other than a licensed commercial saltwater fisherman who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days. Each horseshoe crab or part thereof in violation may be considered a separate offense.

Section 50-5-1500. (A) This article governs specific anadromous and catadromous fisheries in both freshwaters and salt waters.

(B) Any person taking or attempting to take shad, herring, or sturgeon in the waters of this State with commercial equipment must obtain a commercial saltwater fishing license and commercial equipment license required under Article 3 of this chapter and any related permits.

(C) It is unlawful to take or attempt to take shad, herring, or sturgeon with commercial equipment without obtaining the required fishing licenses or permits. Any licensed commercial fisherman who violates this section is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department. Any person other than a licensed commercial saltwater fisherman who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a civil fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

Section 50-5-1510. The department must monitor the various drainage basins and water bodies of this State and may promulgate regulations to set seasons, take (catch) and size limits, areas, methods, times, equipment requirements, and catch reporting requirements for taking of shad, herring, and sturgeon as needed for proper management in each basin or water body. It is unlawful to take or attempt to take shad, herring, or sturgeon except as authorized by this article.

Any person other than a licensed commercial fisherman who violates a provision of this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days for each offense. Any licensed commercial fisherman who violates this section is subject to a civil penalty of not less than fifty dollars nor more than five hundred dollars by the department for each offense.

(1) In addition to other provisions of law, the following provisions are effective until July 1, 2000, and govern seasons, times, methods, equipment, size limits, and take limits in commercial fishing for shad in the waters of this State specified below:

(A) Winyah Bay system including Black River, Sampit River, Great Pee Dee River, Little Pee Dee River, Lynches River, Waccamaw River from its northern ocean outlet at Little River to Winyah Bay, Winyah Bay, and all tributaries and distributaries thereto as follows:

(i) Pee Dee River and tributaries above U. S. Highway 701, Waccamaw River with tributaries above entrance of Big Bull Creek, and Black River above County Road 179:

(1) Season: February 1 through April 30;

(2) Times: Noon Monday through Noon Saturday;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(ii) Remainder of Winyah Bay system including all of Big Bull Creek and Sampit River:

(1) Season: February 15 through April 15;

(2) Times: 7:00 a.m. Tuesday to 7:00 p.m. Saturday, local time;

(3) Methods and equipment: No restriction provided drift nets of not more than nine hundred feet in length are allowed in Waccamaw River between Butler Island and U. S. Highway 17 during lawful times;

(4) Size and take limits: No limits.

(B) Santee River below Wilson Dam including the Rediversion Canal below St. Stephen Dam, North Santee River and Bay, South Santee River, and all tributaries and distributaries thereto as follows:

(i) Rediversion Canal:

Season: No open season;

(ii) Wilson Dam seaward to U. S. Highway 52 bridge:

Season: No open season.

(iii) U. S. Highway 52 bridge seaward to SC Highway 41 bridge:

(1) Season: February 1 through April 30;

(2) Times: 7:00 a.m. to 7:00 p.m. local time, Tuesday, and Thursday;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(iv) U. S. Highway 41 bridge seaward:

(1) Season: February 1 through March 31;

(2) Times: Tuesday noon to Saturday noon, local time;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(C) Charleston Harbor System including Wando River and Cooper River seaward to the U. S. Highway 17 bridges, Charleston Harbor, Ashley River, and all tributaries and distributaries thereto as follows:

(i) Tailrace Canal from Wadboo Creek to the Jefferies Power Plant:

Season: No open season.

(ii) Cooper River from Wadboo Creek to U. S. Highway 17:

Season: No open season.

(iii) Ashley River seaward to where Popper Dam Creek empties into Ashley River:

(1) Season: February 1 through March 31;

(2) Times: Wednesday noon to Saturday noon, local time;

(3) Methods and equipment: No restrictions;

(4) Size and take limits - None.

(iv) Remainder of the Charleston Harbor system:

(1) Season: February 1 through March 31;

(2) Times: Wednesday noon to Saturday noon, local time;

(3) Methods and equipment: Drift gill nets only;

(4) Size and take limits: No limits.

(D) Edisto River basin including Edisto River Estuary, Edisto River, North and South Branches (Forks) of the Edisto River, and all tributaries and distributaries thereto as follows:

(i) Above U. S. Highway 17 bridge:

(1) Season: January 15 through April 15;

(2) Times: Tuesday noon to Saturday noon, local time;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(ii) Seaward of U. S. Highway 17 bridge:

(1) Season: January 1 through March 31;

(2) Times: Wednesday noon to Friday midnight, local time;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(E) Ashepoo River and all tributaries and distributaries thereto as follows:

(1) Season: February 1 through March 31;

(2) Times: Friday noon to Saturday noon, local time;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(F) Combahee River and all tributaries and distributaries thereto as follows:

(i) Tributaries and distributaries, except main stems of Salkehatchie Rivers:

Season: No open season.

(ii) Main river above U. S. Highway 17-A bridge including main stems of Salkehatchie Rivers:

(1) Season: January 15 through March 31;

(2) Times: For setnets, Tuesday noon to Thursday noon, local time; for driftnets, Monday noon to Saturday noon, local time;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(iii) Main river below U. S. Highway 17-A but above U. S. Highway 17 bridge:

(1) Season: January 15 through March 31;

(2) Times: For setnets, Tuesday noon to Thursday noon, local time; for driftnets, Monday noon to Saturday noon, local time;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(iv) Main River seaward of U. S. Highway 17 bridge:

(1) Season: January 15 through March 31;

(2) Times: For setnets, Tuesday noon to Thursday noon, local time; for driftnets, Monday noon to Saturday noon, local time;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(G) Coosawhatchie River and all tributaries and distributaries thereto as follows:

Season: No open season.

(H) South Carolina portions of Savannah River and all tributaries and distributaries thereto as follows:

(i) Main river above U. S. Interstate Highway 95 bridge:

(1) Season: January 1 through April 15;

(2) Times: 7:00 a.m. Wednesday to 7:00 p.m Saturday, local time;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(ii) Tributaries and distributaries above U. S. Interstate Highway 95 bridge:

Season: No open season.

(iii) Seaward of U. S. Interstate Highway 95 bridge

(1) Season: January 1 through March 31. Taking or attempting to take shad with nets is prohibited at all times in the Savannah's Back River and the north channel of the Savannah River downstream from the New Savannah Cut;

(2) Times: 7:00 a.m. Wednesday to 7:00 p.m. Saturday, local time;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(I) Atlantic Ocean territorial sea as follows:

(1) Season: February 1 through March 31;

(2) Times: 7:00 a.m. Tuesday to 7:00 p.m Saturday, local time;

(3) Methods and equipment: Gill net; may be drift fished only; anchor nets are prohibited; gill nets, stake row nets, or pound nets are prohibited off Winyah Bay within three nautical miles of the midpoint of a line extending from where the north jetty of Winyah Bay intersects North Island running southwesterly to where the south jetty of Winyah Bay intersects Sand Island, including all waters between the jetties;

(4) Size and take limits: No limits.

(J) Lake Moultrie, Lake Marion, Diversion Canal, Intake Canal of Rediversion Canal, and all tributaries and distributaries thereto as follows:

(1) Season: No closed season;

(2) Times: No restrictions;

(3) Methods and equipment: Cast net, lift net, and hook and line;

(4) Size and take limits: Two hundred fifty pounds per boat per day combined catch of herring and shad.

(2) In addition to other provisions of law, the following regulations govern seasons, times, methods, equipment, size limits, and take limits in commercial fishing for herring in the waters of this State:

(A) Winyah Bay system including Black River, Sampit River, Great Pee Dee River, Little Pee Dee River, Lynches River, Waccamaw River from its northern ocean outlet at Little River to Winyah Bay, Winyah Bay, and all tributaries and distributaries thereto as follows:

(1) Season: February 15 through April 15;

(2) Times: 7:00 a.m. Wednesday to 7:00 p.m. Saturday, local time;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(B) Santee River below Wilson Dam including the Rediversion Canal below St. Stephen Dam, North Santee River and Bay, South Santee River, and all tributaries and distributaries thereto as follows.

(i) Rediversion Canal:

(1) Season: March 1 through April 30;

(2) Times: 7:00 p.m. to 12:00 p.m. EST or 8:00 p.m. to 12:00 p.m. DST;

(3) Methods and equipment: Circular drop nets with a maximum six-foot diameter, lift nets, and cast nets allowed; other equipment prohibited; nets must be operated by hand; trawling prohibited; culling prohibited; all fish except those used for live bait must be containerized in units of one hundred pounds maximum weight before landing;

(4) Size and take limits: Ten U. S. bushels per boat per day including lawful incidental catch; harvest may not be transferred between boats.

(iii) Santee system excluding Rediversion Canal:

Season: No open season.

(C) Charleston Harbor System including Wando River and Cooper River seaward to the U. S. Highway 17 bridges, Charleston Harbor, Ashley River, and all tributaries and distributaries thereto as follows:

(i) Tailrace Canal from CSX Railroad Bridge to the Jefferies Power Plant Sanctuary line:

(1) Season: March 1 through April 30;

(2) Times: Sunrise as locally published to 10:00 p.m.;

(3) Methods and equipment: Circular drop nets with a maximum 6-foot diameter, lift nets, and cast nets allowed; other equipment prohibited; nets must be operated by hand; trawling prohibited; culling prohibited; all fish except those used for live bait must be containerized in units of one hundred pounds maximum weight before landing;

(4) Size and take limits: Ten U. S. bushels per boat per day; harvest may not be transferred between boats.

(ii) Cooper River from CSX railroad to U. S. Highway 17 bridges:

Season: No open season.

(iii) Charleston Harbor system excluding Tailrace Canal and Cooper River seaward to U. S. Highway 17 bridges:

(1) Season: February 15 through April 15;

(2) Times: No restrictions;

(3) Methods and equipment: Any lawful method and equipment;

(4) Size and take limits: No limits.

(D) Lake Moultrie, Lake Marion, Diversion Canal, Intake Canal of Rediversion Canal, and all tributaries and distributaries thereto as follows:

(1) Season: No closed season;

(2) Times: No restrictions;

(3) Methods and equipment: Cast net, lift net, and hook and line;

(4) Size and take limits: Two hundred fifty pounds per boat per day combined catch of shad and herring and other lawful incidental catch.

(E) Lake Jocassee and all tributaries and distributaries thereto as follows:

(1) Season: No closed season;

(2) Times: No restrictions;

(3) Methods and equipment: Hook and line;

(4) Size and take limits: No limits.

(F) Lake Keowee and all tributaries and distributaries thereto as follows:

(1) Season: No closed season:

(2) Times: No restrictions;

(3) Methods and equipment: Cast net and hook and line;

(4) Size and take limits: No limits.

(G) Lake Hartwell and all tributaries and distributaries thereto as follows:

(1) Season: No closed season;

(2) Times: No restrictions;

(3) Methods and equipment: Cast net and hook and line;

(4) Size and take limits: No limits.

(H) Lake Richard B. Russell and all tributaries and distributaries thereto as follows:

(1) Season: No closed season;

(2) Times: No restrictions;

(3) Methods and equipment: Cast net and hook and line;

(4) Size and take limits: No limits.

(I) Lake J. Strom Thurmond and all tributaries and distributaries thereto as follows:

(1) Season: No closed season;

(2) Times: No restrictions;

(3) Methods and equipment: Cast net and hook and line;

(4) Size and take limits: No limits.

(J) Lake Secession, Stevens Creek Reservoir, and all tributaries and distributaries thereto as follows:

(1) Season: No closed season;

(2) Times: No restrictions;

(3) Methods and equipment: Cast net and hook and line;

(4) Size and take limits: No limits.

(K) Lake Greenwood, Lake Murray, Saluda River between Buzzards Roost (Lake Greenwood Dam) and SC Highway 121, and all tributaries and distributaries thereto as follows:

(1) Season: No closed season;

(2) Times: No restrictions;

(3) Methods and equipment: Cast net and hook and line;

(4) Size and take limits: No limits.

(L) Catawba River impoundments, including Lake Wylie and Lake Wateree, and all tributaries and distributaries thereto as follows:

(1) Season: No closed season;

(2) Times: No restrictions;

(3) Methods and equipment: Cast net and hook and line;

(4) Size and take limits: No limits.

(M) Lake Monticello and all tributaries and distributaries thereto as follows:

(1) Season: No closed season;

(2) Times: No restrictions;

(3) Methods and equipment: Hook and line ;

(4) Size and take limits: No limits.

(3) In addition to other provisions of law, the following provisions govern seasons, times, methods, equipment, size limits, and take limits in fishing for Atlantic sturgeon in the waters of this State:

(A) Territorial sea:

Season: No open season.

(B) Internal waters:

Season: No open season.

Section 50-5-1515. (A) The following special provisions apply to shad and herring:

(1) It is unlawful to take shad by hook and line while operating or possessing any commercial fishing equipment.

(2) It is unlawful for a recreational fishermen to take shad or herring with any other fishing equipment except cast nets and hook and line which includes rod and reel. A recreational fisherman may take shad and herring by hook and line at any time of the year except from sanctuaries designated by the department.

(3) It is unlawful to possess saltwater or freshwater gamefish or fishing tackle capable of taking saltwater or freshwater gamefish while taking or attempting to take shad or herring with gill nets.

(4) Nongame fish taken in lawfully fished shad or herring nets may be kept by the fisherman. Any Atlantic sturgeon caught during the closed season for Atlantic sturgeon and any gamefish must be returned immediately to the water.

(5) It is unlawful to set a net in a fixed position in the navigation channel of the Atlantic Intracoastal Waterway.

(6) Any net used for shad in the territorial sea must have a stretched mesh size of no smaller than five and one-half inches and be freely drift fished. The gill net must not be staked or otherwise set in a fixed position, tied to a boat, or anchored in any manner or in any way restricted in its movement. For the purpose of this section, 'anchored' includes the use of any weight not part of the normal construction of the net. No gill net may be left unattended while in the territorial sea, and any such net is contraband and must be seized and disposed of as provided in this chapter.

(7) In the territorial sea no fisherman may set, fish, possess, or have aboard a boat shad or herring gill netting in excess of six thousand feet.

(8) Any gill net used for taking or attempting to take shad in the inshore salt waters of this State must have a stretched mesh size of no smaller than five and one-half inches and a length not exceeding nine hundred feet. Gill nets for taking shad in the inshore salt waters of this State may be drift fished or set in accordance with this chapter.

(9) Any gill net used for taking or attempting to take shad in the freshwaters of this State must have a stretched mesh size of no smaller than five and one-half inches and, except as otherwise provided, be no longer than six hundred feet. Gill nets for taking shad in the freshwaters of this State may be freely drift fished or set in accordance with the provisions of this chapter. Only one shad gill net may be drift fished by occupants of a boat, and the drift net must be attended at all times when deployed. Additional boats in tow may not be used to increase the number of authorized nets.

(10) Any gill net used for taking or attempting to take herring in the salt waters of this State must have a mesh size no smaller than two and one-half inches stretched and a length no greater than nine hundred feet. Only one herring gill net may be used by occupants of a boat, and the drift net must be attended at all times when deployed. Additional boats in tow may not be used to increase the number of authorized nets.

(11) Any gill net used for taking or attempting to take herring in freshwaters must have a stretched mesh of two and one-half inches stretched and a length no greater than six hundred feet;

(12) Any gill net used for taking or attempting to take shad or herring in the salt waters of this State must have at least one end buoy, international orange in color, attached which has the name and license number of the owner clearly marked on it. Any gill net greater than three hundred feet in length must be marked with buoys, international orange in color, which float in a manner to be clearly visible at all times. A buoy not less than twenty inches in diameter must be attached to each end of the net. A buoy not less than ten inches must be attached every three hundred feet on the float line. Each net set in violation of this subsection constitutes a separate offense.

(13) Any gill net used for taking or attempting to take shad or herring in the freshwaters of this State must be marked with buoys, international orange in color and not less than six inches in diameter, which float in a manner to be clearly visible at all times. One buoy must be attached to the float line of the net every three hundred feet, and a buoy must be attached to each end of each net. At least one end buoy attached to the net must have the name and license number of the owner clearly marked on it. Each net set or fished in violation of this section constitutes a separate offense.

(B)(1) For a violation of subsection (6) or (7), any licensed commercial saltwater fisherman is subject to a civil fine of not less than one thousand dollars nor more than two thousand five hundred dollars and loss of saltwater privileges for twelve months by the department.

(2) Any person other than a licensed commercial saltwater fisherman who takes or attempts to take shad or herring in violation of this section is guilty of a misdemeanor and, upon conviction,shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

Section 50-5-1520. Any person taking or attempting to take shad by cast net or by hook and line, including rod and reel, may take or possess no more than an aggregate of ten American and hickory shad in any one day. No shad taken by cast net or by hook and line including rod and reel may be sold, offered for sale, or purchased. In freshwaters, a person must hold a freshwater fishing license.

Section 50-5-1525. Any person not licensed as a commercial saltwater fisherman taking or attempting to take herring by cast net or by hook and line, including rod and reel, may take or possess no more than an aggregate of one bushel of herring in any one day. In freshwaters, a person must hold a freshwater fishing license.

Section 50-5-1530. (A) Any sturgeon taken during the closed season or in closed areas or with unauthorized equipment must be released immediately back into the waters where taken.

(B) Any licensed commercial fisherman taking, possessing, buying, or selling any Atlantic sturgeon or any part or product thereof, except as allowed by the department, is subject to a civil fine of not less than one thousand dollars nor more than two thousand five hundred dollars and loss of saltwater privileges for twelve months by the department.

(C) Any person other than a licensed commercial saltwater fisherman taking, possessing, buying, or selling any Atlantic sturgeon or any part or product thereof, except as allowed by regulations set by the department, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.

Section 50-5-1535. Any person who receives Atlantic sturgeon or any part or product thereof other than at retail or for consumption must maintain records for a period of no less than one year. Records must include:

(1) the number and weight of sturgeon received;

(2) the type and amount of part or product received;

(3) the names and addresses of persons from whom received; and

(4) the names and addresses of persons to whom sold at wholesale.

Any wholesale seafood dealer who violates this section is subject to a civil penalty by the department of not more than one thousand dollars and suspension of the wholesale seafood dealer license privilege for twelve months from the date of adjudication. Any licensed commercial saltwater fisherman who violates this section is subject to a civil penalty by the department of not less than two hundred dollars and not more than one thousand dollars and suspension of commercial saltwater fishing privileges for twelve months from the date of adjudication. Any other person other than a licensed commercial saltwater fisherman, or a licensed wholesale seafood dealer who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

Section 50-5-1540. Notwithstanding any other provisions of law, it is unlawful for anyone to take, possess, buy, sell, or ship shortnose sturgeon (Acipenser brevirostrum) or any part or product thereof. Any shortnose sturgeon taken incidentally to fishing activity must be returned unharmed immediately to the water from where taken. Any person who violates this section is guilty of a misdemeanor and upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not longer than one year, and must have his privileges to engage in commercial fisheries suspended for ten years.

Section 50-5-1545. No shad, herring, or sturgeon net may be fished so that the net, including its cables, lines, or attached devices extends over more than one-half the width of the river, stream, or water course, regardless of the stage of the tide, river stage, or method of net deployment. No net may be placed, drifted, or operated:

(1) within six hundred feet of any gill net previously deployed; or

(2) within seventy-five feet of the confluence of any tributary.

Section 50-5-1550. (A) During times and periods when taking of either shad, sturgeon, or herring by net is not allowed, any net which could be used for taking either shad, sturgeon, or herring, respectively, must be removed from the waters. Any nonmesh, net-related fishing apparatus, including leads, cables, anchors, signs, and buoys must be removed from the waters and banks of the streams or water courses no later than three days after the close of the respective season. Any net or part thereof, including leads, cables, anchors, signs, and buoys found in violation of this section is contraband and must be seized and disposed of as provided by law.

(B) Anchors with attached line and buoys may remain in lawful waters during weekly closed periods of the open season.

(C) Any person other than a licensed commercial saltwater fisherman leaving a net or any part thereof, including any cables, leads, or anchors, in violation of this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days. Any licensed commercial saltwater fisherman leaving a net or parts thereof in violation of this section is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars.

Section 50-5-1555. Any net or seine set in the waters of this State and containing decomposed fish is contraband and must be seized and disposed of as provided in this chapter.

Section 50-5-1560. (A) The department may grant permits to persons to engage in the fishery for eels in the waters of this State for commercial purposes. Any person taking American eels for commercial purposes must first acquire a permit from the department.

(B) Permits granted under this section may be limited in number and may be conditioned so as to designate seasons, size limits, take or catch limits, hours, areas, fishing methods, type and amount of equipment, and catch reporting requirements.

(C) The department may define an approved fyke net for the taking of eels in the waters of this State and may permit and limit its use by means of permits granted under this section.

(D) Any person other than a commercial fisherman who takes or attempts to take eels for a commercial purpose is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Any licensed commercial fisherman who takes or attempts to take eels without acquiring an eel permit or who fails to meet the conditions of a permit is subject to a civil fine of not less than five hundred dollars nor more than one thousand dollars and loss of saltwater privileges for six months by the department.

Section 50-5-1565. (A) Any person other than a licensed commercial fisherman who violates a provision of this article or a regulation hereby promulgated must be punished as directed by the individual sections. If no penalty is prescribed, the person is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

(B) Unless otherwise provided any licensed commercial fisherman who violates the provisions of this article or a regulation promulgated hereunder is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars.

(C) In addition, the department must seize any boat, boat trailer, engine, net, rigging, related equipment, and catch of any person accused of violating a regulation pertaining to setting nets in proximity to navigation jetties. Seized items are contraband and must be disposed of as provided in this chapter.

Section 50-5-1700. (A) It is unlawful to sell, purchase, trade, or barter or attempt to sell, purchase, trade, or barter saltwater gamefish in this State regardless of where taken except as provided in this chapter.

(B) It is unlawful to take or attempt to take saltwater gamefish in the waters of this State, except by:

(1) hand held hook and line which includes rod and reel and pole; or

(2) gigging during legal periods.

Any saltwater gamefish taken by any other means must be returned immediately to the water.

(C) It is unlawful for a person to have in possession a saltwater gamefish while fishing or transporting a seine or a gill net or other commercial fishing equipment. A saltwater gamefish caught in the net or commercial fishing equipment must be returned to the water immediately.

(D) A wholesale or retail seafood dealer or other business may import red drum or spotted seatrout from another state or country where the taking and sale of the fish is lawful and must have in possession a bill of sale, bill of lading, or other proof of origin for each lot or shipment of the fish received before the fish may be sold.

Section 50-5-1705. (A) Spotted seatrout (winter trout), Cynoscion nebulosus; red drum (channel bass), Sciaenops ocellatus; tarpon Megalops atlanticus; and any species of billfish of the Family Istiophoridae are saltwater gamefish.

(B) As used in this article, a day means sunrise on one day to sunrise on the following day.

(C) It is unlawful for a person to take or have in possession more than fifteen spotted seatrout in any one day.

(D) It is unlawful for a person to take or have in possession more than five red drum in any one day.

(E) It is unlawful for a person to take or have in possession more than one tarpon in any one day.

(F) It is unlawful for a person to take or possess more than twenty flounder (Paralichthys species) taken by means of gig, spear, hook and line, or similar device in any one day.

(G) It is unlawful to gig for spotted seatrout or red drum during the period December 1 through the last day of February.

(H) The possession limits do not apply to the possession or sale of properly identified fish imported by seafood dealers or produced by permitted mariculture operations, or to possession as allowed under permit authorized by this chapter.

Section 50-5-1710. (A) Except as provided in Article 21, it is unlawful to take, possess, land, sell, purchase, or attempt to sell or purchase:

(1) spotted seatrout (Cynoscion nebulosus) (winter trout) of less than twelve inches in total length;

(2) flounder (Paralichthys) of less than twelve inches total length;

(3) red drum (Sciaenops ocellatus) (channel bass or spottail bass) of less than fourteen inches in total length, or more than twenty-seven inches in total length; or

(4) black sea bass (Centropristis striata) of less than ten inches in total length.

(B) The finfish species named in this section must be brought to the dock or landed with head and tailfin intact except for product produced by mariculture operations permitted under this chapter, provided that returning fish of unlawful size immediately to the water does not constitute a violation. Black seabass sold or offered for sale must be processed, marketed, and sold to the ultimate consumer with head and tail fins intact. A commercial retailer or restaurant may remove the head at the request of the ultimate consumer after completion of the transaction but before transfer of the purchase or serving of the dish.

Section 50-5-1715. (A) The size, catch, bag, and possession limits, fishing period closures, and requirements pertaining to the taking, release, landing, sale, purchase, trade, or barter of sharks or shark parts provided by those federal regulations implementing the Fishery Conservation and Management Act (PL94-265) and pertaining to the Fishery Management Plan for Sharks of the Atlantic Ocean also apply in this State for state law purposes. In state waters federal size, catch, bag, and possession limits pertain to individual fishermen when no vessel is utilized.

(B) An annual permit must be obtained from the department for a boat or vessel before it takes sharks for commercial purposes in state waters. Permits granted under this section do not include income requirements but may include requirements for fishing times, periods, areas, gear, and equipment, catch limitations and reporting, and other conditions the department may determine to be necessary for management or regulatory purposes. In addition to department conditions, the use of gill nets to harvest sharks is prohibited in state waters at all times, and when taken by gill net, all sharks must be released immediately.

Section 50-5-1720. It is unlawful to take, possess, land, or sell king mackerel (Scomberomorus cavalla) or Spanish mackerel (Scomberomorus maculatus) during the times and seasons which are closed to fishing for these species in the U. S. Exclusive Economic Zone under federal regulations promulgated in accordance with the Fishery Conservation and Management Act (PL 94-265).

Section 50-5-1725. Unless otherwise provided by law, any regulations promulgated by the federal government under the Fishery Conservation and Management Act (PL 94-265) or any other federal fishery management plan establishing seasons; gear restrictions; or bag, catch, size, or possession limits on fish also apply in this State for state law purposes.

Section 50-5-1730. Any licensed commercial saltwater fisherman or wholesale seafood dealer who violates this article is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department and must pay restitution to the department. Any other person who violates this article is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days and must pay restitution to the department. Each fish taken, possessed, sold, offered for sale, purchased, or attempted to be sold, purchased, brought to the dock, or landed in violation of this article may constitute a separate offense.

Section 50-5-1900. This article may be cited as the 'South Carolina Recreational Fisheries Conservation and Management Act'.

Section 50-5-1905. As used in this article, unless the context otherwise requires:

(1) 'Fishing' means:

(a) catching, taking, landing, or harvesting saltwater fish;

(b) attempting to catch, take, land, or harvest saltwater fish; or

(c) other activity reasonably expected to result in the catching, taking, landing, and harvesting of saltwater fish.

(2) 'Saltwater fish' includes all species of finfish, oysters, and clams in South Carolina's salt waters.

Section 50-5-1910. (A) No person sixteen years of age or older may engage in fishing for recreation in South Carolina's waters seaward of the saltwater/freshwater dividing lines without a saltwater recreational fisheries stamp issued pursuant to this article, except as provided in Section 50-5-600 and this chapter.

(B) The stamp must be validated by the signature of the licensee across the face of the stamp.

(C) No vessel may transport saltwater recreational fishermen for a fee without a charter fishing license. No person may charge a fee to the public to fish from a pier without obtaining a saltwater public fishing pier license.

(D) The stamp and license must be available for inspection at all times.

(E) A person who violates subsection (A), (B), or (D) is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

(F) A person who violates subsection (C) is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

(G) Any person licensed under subsection (C) is engaged in a commercial purpose and upon violation of this chapter is subject to the civil penalties prescribed herein.

Section 50-5-1915. (A) Charter fishing vessels shall maintain a log of the number of persons carried each day, number of hours engaged in fishing, number of fish by species caught each day and other information considered necessary by the department.

(B) Public fishing piers shall maintain a log of the number of persons fishing from that structure each day.

(C) The logs must be submitted as prescribed or approved by the department. Any person licensed to operate a charter boat who fails to maintain or submit a log as required is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department, and the privilege of the person or entity to hold the charter boat license must be suspended for six months.

Section 50-5-1920. The following stamps and licenses must be made available throughout this State by the department or its authorized agents for issuance or sale and are issued for the time provided in Section 50-9-20:

(1) saltwater recreational fisheries stamp for residents and nonresidents. The annual fee for the issuance of the stamp is five dollars and fifty cents. Fifty cents may be retained by the issuing agent, and the balance must be paid to the department;

(2) public fishing pier license. The annual fee for the issuance of the license is one hundred fifty dollars for a pier one hundred feet or less in total length or three hundred fifty dollars for a pier greater than one hundred feet in total length; and

(3) charter vessel license. The annual fee for the issuance of the license is one hundred fifty dollars for vessels licensed to carry six or fewer passengers, two hundred fifty dollars for vessels licensed to carry seven to forty-nine passengers, and three hundred fifty dollars for vessels licensed to carry more than forty-nine passengers. However, the annual fee for the issuance of the license is forty dollars if the vessel carries only the passengers who hire the vessel.

Section 50-5-1925. The following are exempt from purchasing the stamp:

(1) fishermen using a hook and line from the shore or a shore-based structure;

(2) fishermen fishing from a charter fishing vessel with a valid charter fishing license or from a public fishing pier with a valid public fishing pier license; and

(3) persons exempted under Chapter 9 of Title 50.

For purposes of this section, 'shore' does not include land masses which are not accessible by foot.

Section 50-5-1930. If a coastal state which has or establishes a saltwater recreational fisheries stamp, license, or permit recognizes through statute, regulation, or reciprocal agreement the validity of a South Carolina saltwater recreational fisheries stamp or license within its boundaries, South Carolina recognizes the validity of a saltwater recreational fisheries stamp, license, or permit held on his person by residents of that state.

Section 50-5-1935. The department may produce additional stamps as commemorative or collector's items which must be sold for not less than five dollars and fifty cents. The proceeds must be retained by the department.

Section 50-5-1940. The department shall create and design the stamp and license and develop saltwater recreational fisheries prints and related articles. The department is responsible for the administration, sale, and distribution of the stamps, licenses, prints, and related articles.

Section 50-5-1945. (A) Revenue from the sale of the stamps, licenses, prints, and related articles must be paid into a special account separate from the general fund. Revenue in the account are carried forward each year and may be used to match available federal funds. They may be used only for the following programs which directly benefit saltwater recreational fisheries:

(1) development of saltwater recreational fishing facilities;

(2) scientific research relating to management of saltwater recreational fisheries;

(3) protection, maintenance, or enhancement of saltwater habitat important to the continued production of fish stocks and their food sources of significance to saltwater recreational fisheries;

(4) administrative and coastal enforcement activities for the issuance of stamps and licenses and development of prints and related articles;

(5) enforcement of the laws and fishery management regulations relating to saltwater recreational fisheries, including habitat protection; and

(6) other programs directly benefiting saltwater recreational fisheries recommended by the Saltwater Recreational Fisheries Advisory Committee.

(B) Funds from the special account expended for administration and coastal enforcement activities in subsection (A)(4) and (5) may not exceed twenty-five percent of monies paid into the account annually from the sale of stamps, licenses, prints, and related articles.

(C) Funds from the special account must be used to publish an annual report to be made available to stamp and license holders to indicate how the previous year's funds were utilized.

Section 50-5-1950. (A) A Saltwater Recreational Fisheries Advisory Committee is established to assist in prioritizing the expenditures of monies received in the special account. The committee is composed of:

(1) one member of the Board of the Department of Natural Resources to serve ex officio;

(2) two at-large members appointed by the Governor; and

(3) one member from each of the following coastal counties appointed by a majority of the respective legislative delegations of these counties: Beaufort, Charleston, Colleton, Georgetown, Horry, and Jasper.

(B) The members in subsection (A)(2) and (3) shall represent the saltwater recreational fishing community.

(C) Committee members shall be paid the usual mileage, subsistence, and per diem as provided by law for members of state boards, commissions, and committees to be paid from revenues from the sale of stamps, licenses, prints, and related articles.

(D) The terms of members in subsection (A)(2) and (3) are for four years and are limited to two consecutive terms. Vacancies shall be filled for the remainder of the unexpired team in the manner of original appointment.

Section 50-5-1955. A person who violates this article is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

Section 50-5-2100. (A) The department may grant mariculture permits for collection, importation, and holding of saltwater gamefish, or for other fish for which there are size or possession limits, for brood stock and for the propagation, holding, transport, and processing of the fish produced through mariculture as defined in Section 50-5-105. Mariculture permits granted under this section may allow the take of such fish and may specify conditions related to lawful collection areas, equipment, collecting times and periods, catch and size limitations, holding facilities, and catch reporting requirements. The department may permit a mariculture operation to take and possess the fish outside of the size and possession limits provided in this chapter. The department may limit the number of permits granted for taking brood stock.

(B) Any person before engaging in any aspect of mariculture of saltwater gamefish or of any other fish for which there are size or possession limits must acquire a mariculture permit from the department.

(C) Any person licensed to sell or take saltwater fisheries products who violates this section or a condition of a permit issued hereunder is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department and must pay restitution to the department in an amount equal to the value of the fish. Any person other than a licensed commercial saltwater fisherman who fails to acquire the proper permits or who violates any other provision of this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days and must pay restitution to the department in an amount equal to the value of the fish. Each fish taken, imported, or possessed in violation of this section may constitute a separate offense.

Section 50-5-2105. (A) The department may grant permits for sale of saltwater gamefish or for other fish for which there are size or possession limits, grown in permitted mariculture operations. Permits may be conditioned to include sales reporting requirements.

(B) Fish produced through permitted mariculture and marketed must be marked and identified as such, and each lot or shipment must be accompanied by a bill of sale, bill of lading, or other proof of origin.

(C) Any person licensed to sell saltwater fisheries products who violates this section or a condition of a permit issued hereunder is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department. Any person other than a licensed commercial saltwater fisherman who fails to acquire the proper permits or who violates any other provision of this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days. Each fish sold or offered for sale in violation of this section may constitute a separate offense.

Section 50-5-2300. (A) The department may grant permits for the harvest of diamond-back terrapin and condition the permits to set seasons, size limits, bag limits, areas, fishing times, and equipment restrictions regarding the harvest of diamond backed terrapin. It is unlawful to take diamond backed terrapin except in accordance with the permits granted by the department. Nothing in this section will prohibit the incidental take of terrapin by persons engaged in another lawful fishery during the closed season when the terrapin are returned immediately to the water.

(B) Any licensed commercial saltwater fisherman who violates this section or a condition of a permit granted hereunder is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department. Any person other than a licensed commercial saltwater fisherman who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

Section 50-5-2305. (A) The department may grant permits to remove wild live rock solely for scientific or educational purposes.

(B) The department shall:

(1) facilitate the aquaculture of live rock in State waters;

(2) establish a permitting system to enable interested parties to establish live rock culture operations within state waters, including ocean waters from three nautical miles or less offshore; and

(3) promulgate regulations to guide the operation, maintenance, and harvesting activities of live rock culture operations.

(C) It is unlawful for a person to engage in a directed effort to catch, take, remove, or harvest wild live rock from state waters for the purposes of sale or trade. The incidental take of wild live rock during trawling operations and the taking of wild live rock washed ashore and deposited upon a beach or shoreface are activities which are exempt from these restrictions if these exempt activities are not a directed effort to take wild live rock.

(D) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than six months, or both, and fined not more than ten thousand dollars or imprisoned not more than one year, or both, for each subsequent offense. A licensed commercial saltwater fisherman who violates this section is subject to a civil fine by the department of not more than five thousand dollars or imprisoned not more than six months, or both, and fined not more than ten thousand dollars or imprisoned not more than one year, or both, for each subsequent offense.

Section 50-5-2310. (A) It is unlawful to take, possess, land, sell, or offer to sell any spiny lobster (Panilurus argus) during the times and seasons which are closed to fishing for the species in the U. S. Exclusive Economic Zone under federal regulations promulgated in accordance with the Fishery Conservation and Management Act, (PL 94-265).

(B) The size and bag limits established for spiny lobster under federal regulations promulgated in accordance with the Fishery Conservation and Management Act, (PL 94-265), also apply in this State for state law purposes.

(C) Any licensed commercial saltwater fisherman who violates this section is subject to a civil fine of not less than fifty dollars nor more than five hundred dollars by the department. Any person other than a licensed commercial saltwater fisherman who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than twp hundred dollars or imprisoned for not more than thirty days per lobster. Each lobster may constitute a separate offense.

Section 50-5-2315. (A) It is unlawful to take or attempt to take any saltwater species by bang stick or similar device.

(B) Any licensed commercial saltwater fisherman who violates this section is subject to a civil fine of not less than fifty dollars nor more than five hundred by the department.

(C) Any person other than a licensed commercial saltwater fisherman who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a civil fine of not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

(D) For assessment of penalties under this section, each fish or other saltwater resource may constitute a separate offense.

Section 50-5-2320. (A) It is unlawful to take, possess, feed, molest, hold captive, or display a marine mammal in this State.

(B) In addition to any other penalty provided in this chapter, any person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars not more than one thousand dollars per mammal or imprisoned for not more than six months.

Section 50-5-2500. (A) There is established the following point system to be used by the department in suspending the saltwater privileges of persons or entities found to be in violation of this chapter and as specified herein:

(1) fishing or taking, attempting to take fish, shellfish, or crustaceans without a proper license, permit, or stamp: 6;

(2) landing or possessing fish, shellfish, or crustaceans taken from unlawful or closed areas, including areas closed by the Department of Health and Environmental Control: 10;

(3) fishing or taking, attempting to take fish, shellfish, or crustaceans in an unlawful manner, in unlawful or closed areas including areas closed by the Department of Health and Environmental Control, during unlawful hours, or during the closed season for the activity, except shrimp trawling violations: 10;

(4) violating commercial fishing license or permit conditions: 6;

(5) using unlawful or unauthorized fishing methods, gear, or equipment: 8;

(6) failing to keep records or make reports required by law, permit, or regulation: 6;

(7) violating size limit provisions set by law for fish, shellfish, crustaceans, or other seafood products: 6;

(8) possessing more than the legal limit of fish, shellfish, or crustaceans: 6;

(9) unlawfully buying, selling, offering for sale fish, shellfish, crustaceans, or other seafood or marine products or engaging in this activity without a proper license, permit, or stamp as required by law: 10;

(10) harvesting shellfish on Shellfish Culture Permit areas, Shellfish Mariculture Permit areas, or other state bottoms without proper permission or permit: 8;

(11) stealing catch or fishing equipment or damaging or interfering with fishing equipment: 18;

(12) trawling (a) in an area closed to trawling other than in restricted areas off beaches, (b) during unlawful hours other than in restricted areas off beaches, or (c) during closed season for trawling: 18;

(13) captain or crew of a boat failing to cooperate with an enforcement officer: 18;

(14) wilfully impeding or obstructing the lawful harvest of marine species: 18;

(15) trawling within restricted areas off beaches during daily closed periods: 8;

(16) violating law pertaining to sponge crabs: 8;

(17) violations of a section of Title 50 pertaining to saltwater privileges not mentioned specifically in this section: 6;

(18) operating or aiding in operating a boat or vessel in an activity for which the person's privilege is suspended: 18;

(19) channel netting in an area closed to channel netting, during unlawful hours, or during closed season for channel netting: 18; and

(20) applying for or obtaining any resident license as provided in this chapter using a falsified application or supporting documentation, or simultaneously possessing any currently valid South Carolina resident license as provided in this chapter while possessing any resident license from another state: 18.

(B) The points and penalties assessed under this article are in addition to other civil remedies and criminal penalties which may be assessed.

Section 50-5-2505. Each time a person is convicted of a violation enumerated in Section 50-5-2500 the number of points assigned to a violation must be charged against him. For each calendar year in which the person received no points, the department shall deduct one-half of the accumulated points if the total number of points is greater than three. If a person has three or less points at the end of a calendar year in which no points were received, the department shall reduce his point total to zero. Nothing in this article affects the action of the department in suspending, revoking, or canceling a license or permit when the action is mandatory under the laws of this State. However, the suspension provisions of this article, when applied, are in lieu of other suspension provisions under the laws of this State.

Section 50-5-2510. The department must suspend for one year the saltwater privileges and associated licenses and permits issued to a person who has accumulated eighteen or more points. The suspension begins the eleventh day after the person or entity receives written notice by mail, return receipt requested, of the suspension and ends the same day the following year.

Section 50-5-2515. (A) Upon determination by the department that a person or entity has accumulated sufficient points to warrant the suspension of his saltwater privileges, the department must notify him in writing, return receipt requested, that his saltwater privileges have been suspended, and he must return all the licenses, stamps, or permits in his name to the department within ten days.

(B) The person, within ten days after the notice of suspension, may request in writing a review and, upon receipt of the request, the department shall afford him a review. The department shall notify him of the date, time, and place of the review, and he may be represented by an attorney. The review must take place within twenty working days of receiving the request.

(C) If the person requests a review, the suspension must be held in abeyance until the day of the final disposition of his review by the department. If the suspension is upheld, the suspension begins the eleventh day after the review and ends the same day the following year. The review by the department is limited to a determination of the validity of the violations and points assessed. No probationary authority is given to the department.

Section 50-5-2520. A person or entity whose saltwater privileges have been suspended may appeal the decision of the department under Article 3, Chapter 23 of Title 1, the Administrative Procedures Act.

Section 50-5-2525. After the expiration of a suspension period of six months or longer under this or another provision of this chapter the person's or entity's record must be cleared of all points. When a person's or entity's privileges are suspended under another article and the person or entity has accumulated enough points to be suspended under this article, the suspension will run concurrently. Where a violation actually results in a suspension of privileges under another article, no points shall be assigned under this system for the violation.

Section 50-5-2530. The board shall administer and enforce this article and may promulgate regulations for its implementation. The department must inform the public of the point system.

Section 50-5-2535. A person engaging in activities prohibited by this article while the suspension is in effect is guilty of a misdemeanor and, upon conviction, for a first offense must be fined two hundred dollars or imprisoned thirty days and have his saltwater privileges suspended for an additional three-year period for each offense. A person convicted of a second or subsequent offense under this section is guilty of a misdemeanor and, upon conviction, must be fined two thousand five hundred dollars or imprisoned one year.

Section 50-5-2700. In pursuance of Article III of the Atlantic States Marine Fisheries Compact, of which this State is a signatory, there shall be three members, hereinafter called compact commissioners, of the Atlantic States Marine Fisheries Commission, hereinafter called the Compact Commission, from this State. The first compact commissioner from this State shall be the director of the department, ex officio. Notwithstanding the provisions of Section 8-13-770, the second compact commissioner from this State shall be a member of the General Assembly who is also a member of the Commission on Interstate Cooperation of this State, designated by the Commission on Interstate Cooperation to serve ex officio. The Governor, by and with the advice and consent of the Senate, shall appoint a citizen of this State as a third compact commissioner, who shall have a knowledge of and interest in the marine fisheries problem. The term of the compact commissioner shall be three years and he shall hold office until his successor shall be appointed and qualified. Vacancies occurring in the office of the commissioner from any reason or cause shall be filled by appointment by this Governor, by and with the advice and consent of the Senate, for the unexpired term. The director of the department as an ex officio commissioner may delegate, from time to time, to any deputy or other subordinate in his department or office, the power to be present and participate, including voting as his representative or substitute, at any meeting of or hearing by or other proceeding of the Compact Commission. These commissioners' service shall begin when the compact has gone into effect in accordance with Article II thereof and shall also begin upon the date upon which the compact shall become effective in accordance with Article II.

Section 50-5-2705. The Compact Commission and the compact commissioners thereof shall have all the powers provided in the compact and all the powers necessary or incidental to the carrying out of the compact in every particular.

Section 50-5-2710. All officers of this State shall do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of the compact in every particular, it being hereby declared to be the policy of this State to perform and carry out the compact and to accomplish the purposes thereof. All officers, bureaus, departments, and persons of and in the state government or administration of this State shall at convenient times and upon request of the Compact Commission furnish the Compact Commission with information and data possessed by them and shall aid the Compact Commission with information and data possessed by them or by loan of personnel or other means lying within their legal rights respectively.

Section 50-5-2715. The Compact Commission shall keep accurate accounts of all receipts and disbursements and shall report to the Governor and the General Assembly on or before the tenth day of December in each year, setting forth in detail the transactions conducted by it during the preceding calendar year, and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of this State which may be necessary to carry out the intent and purposes of the compact between the signatory states.