H 4843 Session 112 (1997-1998)
H 4843 General Bill, By Sharpe and Witherspoon
Similar(S 1135)
A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE MARINE RESOURCES DIVISION, SO AS TO ENACT THE "SOUTH CAROLINA
MARINE RESOURCES LAW", REVISING PROVISIONS OF LAW REGULATING AND GOVERNING
MARINE RESOURCES AND THE MANNER IN WHICH AND CONDITIONS UNDER WHICH MARINE
LIFE MAY BE HARVESTED, ESTABLISHING A POINT SYSTEM FOR MARINE RESOURCE LAW
VIOLATIONS AND PROVIDING PENALTIES FOR VARIOUS VIOLATIONS, AND PROVIDING FOR
COMMISSIONERS FROM SOUTH CAROLINA TO THE ATLANTIC STATES MARINE FISHERIES
COMMISSION; TO AMEND SECTION 1-23-130, RELATING TO ADMINISTRATIVE PROCEDURES,
SO AS TO PROVIDE HOW LONG EMERGENCY REGULATIONS PROMULGATED BY A NATURAL
RESOURCES AGENCY SHALL REMAIN IN EFFECT; TO AMEND SECTION 50-1-30, RELATING TO
CLASSIFICATIONS OF WILDLIFE, SO AS TO CLASSIFY MARINE LIFE INCLUDED WITHIN THE
TERM "SALTWATER GAME FISH"; TO ADD SECTION 50-1-285 SO AS TO PROHIBIT THE
REMOVAL, DISTURBANCE, OR DAMAGE TO SIGNS, BUOYS, DEVICES, OR PROPERTY OF THE
DEPARTMENT OF NATURAL RESOURCES IN SPECIFIED AREAS AND TO PROVIDE PENALTIES
FOR VIOLATION; TO AMEND SECTION 50-13-650, RELATING TO THE USE OF NETS OR
SEINES TO CATCH SHAD IN CERTAIN PARTS OF THE SAVANNAH RIVER, SO AS TO PROVIDE
THAT IT SHALL BE UNLAWFUL TO USE NETS AND SEINES IN CERTAIN PARTS OF THE
SAVANNAH RIVER; TO AMEND SECTION 50-13-730, RELATING TO THE USE OF NETS TO
TAKE NONGAME FISH IN GAME ZONE 9, SO AS TO EXCLUDE SHAD, HERRING, AND STURGEON
FROM THE PROVISIONS OF THIS SECTION; TO ADD SECTION 50-21-175 SO AS TO PROVIDE
THAT THE OPERATOR AND CREW OF ANY WATERCRAFT OPERATING IN STATE WATERS ARE
REQUIRED TO HEAVE TO, ALLOW BOARDING, AND COOPERATE WITH DEPARTMENT OF NATURAL
RESOURCES PERSONNEL, LAW ENFORCEMENT OFFICERS, OR UNITED STATES COAST GUARD
PERSONNEL, AND PROVIDE PENALTIES FOR VIOLATION; TO REDESIGNATE SECTION
50-13-990, RELATING TO SURFING NEAR FISHING PIERS AS SECTION 50-21-180; AND TO
REPEAL SECTION 44-1-152, CHAPTER 7 OF TITLE 50, CHAPTER 17 OF TITLE 50,
SECTIONS 50-13-190, 50-13-700, 50-13-735, 50-13-770, 50-13-800; 50-19-320, AND
CHAPTER 20 OF TITLE 50 RELATING TO VARIOUS WILDLIFE AND MARINE RESOURCES LAW.
03/19/98 House Introduced and read first time HJ-2
03/19/98 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-3
A BILL
TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE MARINE
RESOURCES DIVISION, SO AS TO ENACT THE "SOUTH
CAROLINA MARINE RESOURCES LAW", REVISING
PROVISIONS OF LAW REGULATING AND GOVERNING
MARINE RESOURCES AND THE MANNER IN WHICH AND
CONDITIONS UNDER WHICH MARINE LIFE MAY BE
HARVESTED, ESTABLISHING A POINT SYSTEM FOR
MARINE RESOURCE LAW VIOLATIONS AND PROVIDING
PENALTIES FOR VARIOUS VIOLATIONS, AND PROVIDING
FOR COMMISSIONERS FROM SOUTH CAROLINA TO THE
ATLANTIC STATES MARINE FISHERIES COMMISSION; TO
AMEND SECTION 1-23-130, RELATING TO ADMINISTRATIVE
PROCEDURES, SO AS TO PROVIDE HOW LONG
EMERGENCY REGULATIONS PROMULGATED BY A
NATURAL RESOURCES AGENCY SHALL REMAIN IN
EFFECT; TO AMEND SECTION 50-1-30, RELATING TO
CLASSIFICATIONS OF WILDLIFE, SO AS TO CLASSIFY
MARINE LIFE INCLUDED WITHIN THE TERM
"SALTWATER GAME FISH"; TO ADD SECTION
50-1-285 SO AS TO PROHIBIT THE REMOVAL,
DISTURBANCE, OR DAMAGE TO SIGNS, BUOYS, DEVICES,
OR PROPERTY OF THE DEPARTMENT OF NATURAL
RESOURCES IN SPECIFIED AREAS AND TO PROVIDE
PENALTIES FOR VIOLATION; TO AMEND SECTION
50-13-650, RELATING TO THE USE OF NETS OR SEINES TO
CATCH SHAD IN CERTAIN PARTS OF THE SAVANNAH
RIVER, SO AS TO PROVIDE THAT IT SHALL BE UNLAWFUL
TO USE NETS AND SEINES IN CERTAIN PARTS OF THE
SAVANNAH RIVER; TO AMEND SECTION 50-13-730,
RELATING TO THE USE OF NETS TO TAKE NONGAME FISH
IN GAME ZONE 9, SO AS TO EXCLUDE SHAD, HERRING,
AND STURGEON FROM THE PROVISIONS OF THIS SECTION;
TO ADD SECTION 50-21-175 SO AS TO PROVIDE THAT THE
OPERATOR AND CREW OF ANY WATERCRAFT OPERATING
IN STATE WATERS ARE REQUIRED TO HEAVE TO, ALLOW
BOARDING, AND COOPERATE WITH DEPARTMENT OF
NATURAL RESOURCES PERSONNEL, LAW ENFORCEMENT
OFFICERS, OR UNITED STATES COAST GUARD
PERSONNEL, AND PROVIDE PENALTIES FOR VIOLATION;
TO REDESIGNATE SECTION 50-13-990, RELATING TO
SURFING NEAR FISHING PIERS AS SECTION 50-21-180; AND
TO REPEAL SECTION 44-1-152, CHAPTER 7 OF TITLE 50,
CHAPTER 17 OF TITLE 50, SECTIONS 50-13-190, 50-13-700,
50-13-735, 50-13-770, 50-13-800; 50-19-320, AND CHAPTER 20
OF TITLE 50 RELATING TO VARIOUS WILDLIFE AND
MARINE RESOURCES LAWS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 5, Title 50 of the 1976 Code is amended to
read:
"CHAPTER 5
Marine Resources Division Law
Section 50-5-10. As used in this chapter the words
defined in Section 50-17-15 shall have the meanings there ascribed
to them.
Section 50-5-20. The department shall have
jurisdiction over all salt-water fish, fishing and fisheries, all fish,
fishing and fisheries in all tidal waters of the State and all fish,
fishing and fisheries in all waters of the State whereupon a tax or
license is levied for use for commercial purposes. This includes the
following: All shellfish, crustaceans, diamond-back terrapin, sea
turtles, porpoises, shad, sturgeon, herring and all other migratory fish
except rock fish (striped bass).
Section 50-5-30. The department shall impartially
enforce all laws pertaining to fish and fisheries.
Section 50-5-40. The department shall enforce all
laws for collection of revenues due the State from the fishing
industries and leases of bottoms.
Proceeds from sales of experimental mariculture products
produced at the James M. Waddell, Jr. Mariculture Research and
Development Center shall be deposited in the State Treasury 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
Research Center and transfer of information to the mariculture
industry. Funds deposited in the Mariculture Research and
Development Fund may be carried forward annually and used for the
same purpose.
Section 50-5-50. The department may expend
such sums as it may deem advisable in the experimental propagation
of shellfish upon suitable bottoms and it shall report such
experiments, the results thereof and its conclusions therefrom to the
Governor and the General Assembly in its annual reports.
Section 50-5-60. The department shall purchase,
equip and maintain six launches, one for Charleston County, one for
Beaufort County, one for Georgetown County, one for Colleton
County and the remaining two launches for the territory at large, and
may provide for repairs to be made to launches, vessels, machinery
and furniture as may be necessary to keep them in serviceable
condition. It shall see that the launches and vessels and their
appurtenances are at all times kept clean and otherwise in good
serviceable condition and may sell or exchange any launch or vessel
belonging to the police fleet and, in such case, reinvest the proceeds
of such sale, or make further exchanges as may appear to be
necessary and best for the interest of the State.
Section 50-5-70. The department may require
enforcement officers to wear uniforms to be prescribed by the
department and badges of their authority as arresting officers under
the Coastal Fisheries Laws, Chapter 17 of this title.
Section 50-5-80. The enforcement officers
appointed for the purpose of carrying out the provisions of and
enforcing compliance with the Coastal Fisheries Laws, Chapter 17 of
this title, shall devote their entire time to the service of the State in
carrying out the provisions and enforcing compliance with the
Coastal Fisheries Laws, Chapter 17 of this title, and to that end they
may arrest all violators of such law without warrant when the
violations are committed within their own knowledge and
observation and take them without unnecessary delay before some
officer authorized to issue arrest warrants and swear out warrants for
their arrest and deliver them to an officer of the law under such
warrants. They may also, upon warrants for violations of the Coastal
Fisheries Laws sworn out by others, make arrest therefor.
Section 50-5-90. It shall be unlawful to remove,
steal, intentionally damage or interfere with any fishing equipment or
device belonging to another or to remove the catch of any fish,
crustaceans or shellfish contained therein without the permission of
the owner. Where otherwise not specifically provided by law, the
theft or damage of fishing equipment belonging to another shall be
punishable, upon conviction, by a fine of two hundred dollars or
thirty days' imprisonment.
Section 50-5-100. It shall be lawful for the
enforcement officers appointed for the purpose to enter any and all
premises, vessels, boats, houses, sheds or warehouses used in fishing
or any fishing industry in the tidewaters or coastal section of this
State and to arrest, without warrant, all persons found actually
violating the penal laws contained in the Coastal Fisheries Laws,
Chapter 17 of this title.
Section 50-5-110. The department may adopt and
promulgate rules and regulations for the government of the force
under its control and for the control of fisheries, not contrary to or
inconsistent with the laws and policy of the State, having the force
and effect of law, and may provide penalties for violation thereof not
to exceed forfeiture of license or privilege previously granted by the
Division.
Section 50-5-120. The records and documents in
the office of the department shall include:
(1) A record of leases granted for bottoms for the
propagation of shellfish and the subsequent changes of ownership
thereof;
(2) The particulars and amounts of all licenses and
permits of every kind issued;
(3) A tabulated record of the quantity of each kind
of fish taken in the waters of the State, the commercial value thereof,
the amount exported and the amount consumed within the State;
(4) The number of persons engaged in the various
branches of the fishing industries and their approximate earnings;
(5) Any other matter which to it may appear
advisable.
Section 50-5-130. The department may prosecute
for violations of all laws for the collection of revenues due the State
from the fishing industries and leases of bottoms when in its
judgment such prosecutions are for the best interests of industries or
of the State and to that end may employ counsel having special
knowledge of the fisheries laws and of the matters pertaining to
fisheries and coastal conditions to work up and conduct such
prosecutions in the inferior courts and to assist the solicitor in the
court of general sessions and Supreme Court, should he desire such
assistance.
Article 1
General Provisions
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 50-5-125. The provisions of this section are effective until
July 1, 2000. 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
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 50-5-130. (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.
Article 3
Licenses
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.
Article 5
Use of Nets, Seines, Traps, and Like Devices
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.
Article 7
Trawling
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.
Article 9
Shellfish
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.
Article 11
Shrimp
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.
Article 13
Crabs
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.
Article 15
Anadromous and Catadromous Finfish
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.
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.
Article 17
Estuarine and Saltwater Finfish
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.
Article 19
Recreational Fisheries Conservation and Management
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.
Article 21
Mariculture
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.
Article 23
Miscellaneous
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.
Article 25
Point System for Violations of Marine Resources
Laws
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.
Article 27
Atlantic States Marine Fisheries Commission
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.
Section 50-5-2720. The State Auditor may from time to time
examine the accounts and books of the Compact Commission,
including its receipts, disbursements, and such other items referring
to its financial standing as the State Auditor may deem proper, and
report the results to the State Budget and Control Board."
SECTION 2. Section 1-23-130(C) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(C) If emergency regulations are either filed or expire while
the General Assembly is in session, the emergency regulations
remain in effect for ninety days only and may not be refiled; but if
emergency regulations are both filed and expire during a time when
the General Assembly is not in session they may be refiled for an
additional ninety days. Notwithstanding the above provisions of
this subsection, for a natural resource agency, an emergency
regulation promulgated under this chapter after May 1 of any year
shall remain in effect until May 1 of the following year unless
superseded by action of the General Assembly or by regulation
promulgated by the natural resource agency."
SECTION 3. Section 50-1-30 of the 1976 Code, as last amended
by Act 181 of 1993, is further by adding a new item (6):
"(6) 'Saltwater game fish': red drum (channel bass), spotted
sea trout (winter trout), tarpon, and any species of the family
Istiophoridae (billfish)."
SECTION 4. The 1976 Code is amended by adding:
"Section 50-1-285. Any person removing, defacing,
injuring, or otherwise disturbing signs, buoys, or other devices used
by the department in marking areas or bottoms or used by department
permittees for marking permitted areas or who injures or destroys any
departmental real or personal property in either fresh or salt water or
adjacent wetlands, 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 5. Section 50-13-650 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 50-13-650. In Game Zone 3 it It
shall be unlawful to use nets or and seines for
catching shad in Savannah River from the New Savannah Bluff
Lock and Dam to a point where Spirit Creek empties into Savannah
River."
SECTION 6. Section 50-13-730 of the 1976 Code is amended to
read:
"Section 50-13-730. Notwithstanding any other provision of
law, the department is authorized to promulgate rules and
regulations establishing the open season for the taking of nongame
fish with nets in the fresh waters of the counties in Game Zone No.
9. Any such rules and regulations promulgated shall specify
those waters in which nongame fish may be taken with nets, which
species may be taken, the open season for such taking, any special
schedules and any necessary restrictions including specifications as
to what types and mesh size nets shall be permissible. Provided,
however, that no rule or However, no regulation promulgated
hereunder or any change therein later issued by the department shall
be effective in any county in Game Zone No. 9 or in the fresh waters
therein unless a majority of the legislative delegation of that county
approves such rule or regulation or change therein.
In promulgating the rules and regulations authorized by this
section, the department shall not change or alter in any way the
seasons, schedules or restrictions established by law for the taking of
shad from any of the waters in Game Zone No. 9.
Any open season established by the department under the
authority of this section relating to the open season for the taking of
herring shall be from February twentieth to March thirty-first of each
year, inclusive; and no nets shall be allowed for the taking of herring
with a mesh size of less than three-inch square.
No herring may be taken by gill net in the Santee River or any
of its tributaries upstream from S. C. Highway 41.
The provisions of this section shall not affect shad, herring, or
sturgeon."
SECTION 7. The 1976 Code is amended by adding:
"Section 50-21-175. 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 reasonable way
with department personnel, law enforcement officers, or United
States Coast Guard personnel. The operator or crew members or both
of any watercraft violating this section is subject to the following
penalty as prescribed in Section 50-5-145:
(1) any licensed commercial saltwater fisherman is subject to a
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
(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 8. Section 50-13-990 of the 1976 Code is redesignated
as Section 50-21-180 of the 1976 Code.
SECTION 9. Section 44-1-152, Chapter 7 of Title 50, Chapter 17
of Title 50, Sections 50-13-190, 50-13-700, 50-13-735, 50-13-770,
50-13-800, 50-19-320, and Chapter 20 of Title 50 of the 1976 Code
are repealed.
SECTION 10. This act takes effect July 1, 1999.
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