H*3180(Rat #0214, Act #0097 of 1997)  General Bill, By Witherspoon
 A BILL TO AMEND SECTION 50-17-665, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE LIMITS ON THE AMOUNT OF SHRIMP AUTHORIZED TO BE TAKEN
 OVER BAIT, SO AS TO IMPOSE CATCH AND POSSESSION LIMITS ON SHRIMP, AND TO
 REVISE THE PENALTIES FOR VIOLATIONS INCLUDING THE FORFEITURE OF SPECIFIED
 PERSONAL PROPERTY FOR CERTAIN VIOLATIONS.

   01/08/97  House  Prefiled
   01/08/97  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
   01/14/97  House  Introduced and read first time HJ-73
   01/14/97  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-73
   02/26/97  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-3
   02/27/97  House  Amended HJ-17
   02/27/97  House  Read second time HJ-18
   02/27/97  House  Unanimous consent for third reading on next
                     legislative day HJ-18
   02/28/97  House  Read third time and sent to Senate HJ-1
   03/04/97  Senate Introduced and read first time SJ-15
   03/04/97  Senate Referred to Committee on Fish, Game and Forestry SJ-15
   05/22/97  Senate Committee report: Favorable Fish, Game and
                     Forestry SJ-16
   05/27/97  Senate Amended SJ-25
   05/27/97  Senate Read second time SJ-25
   05/27/97  Senate Ordered to third reading with notice of
                     amendments SJ-25
   05/29/97  Senate Read third time and returned to House with
                     amendments SJ-53
   06/04/97  House  Concurred in Senate amendment and enrolled HJ-33
   06/09/97         Ratified R 214
   06/15/97         Became law without Governor's signature
   06/15/97         Effective date 06/15/97
   06/24/97         Copies available
   06/24/97         Act No. 97

AN ACT TO AMEND SECTION 50-17-665, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITS ON THE AMOUNT OF SHRIMP AUTHORIZED TO BE TAKEN OVER BAIT, SO AS TO IMPOSE CATCH AND POSSESSION LIMITS ON SHRIMP, AND TO REVISE THE PENALTIES FOR VIOLATIONS INCLUDING THE FORFEITURE OF SPECIFIED PERSONAL PROPERTY FOR CERTAIN VIOLATIONS.

Whereas, commercial shrimping is this state's most important commercial fishery; and

Whereas, the shrimp baiting fishery is one of this state's most important recreational fisheries; and

Whereas, both of these fisheries are dependent upon protecting and conserving this state's overwintering white shrimp stocks which spawn in the spring and produce the shrimp which support both of these fisheries; and

Whereas, a cast net fishery is developing which harvests these overwintering white shrimp stocks; and

Whereas, the amendment to Section 50-17-665 of the 1976 Code contained in this act protects and conserves these critical overwintering shrimp stocks by limiting their harvest; and

Whereas, it is not the General Assembly's intent to change any of the existing commercial shrimping laws or shrimp baiting laws with the amendment contained in this act. Now, therefore,

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

Taking shrimp over bait

SECTION 1. Section 50-17-665 of the 1976 Code, as amended by Section 1265, Act 181 of 1993, is further amended to read:

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

(B) It is unlawful for 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 first through December fifteenth. 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 and/or transporting the catch to a licensed wholesale seafood dealer, or to a licensed dealer distributing his product, or to a properly licensed bait dealer harvesting or distributing his product.

(C) From December sixteenth through April thirtieth, except as otherwise provided for 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 the 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 licensed trawler lawfully fishing and/or transporting the catch to a licensed dealer 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 50-20-30 and 50-20-50 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 sixteenth through April thirtieth.

(D) Any bait dealer harvesting live shrimp to be sold as bait: (1) must have in possession a valid bait dealer license as provided in Section 50-17-200; (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 on board; and (4) the dealer must be certified by the department as a bona fide bait dealer. The department may annually certify bona 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. The department may inspect the business premises or floating equipment, or both, of a person engaged in harvesting and selling shrimp to be used as bait for purposes of certification.

(E) A person who violates subsections (A) or (B):

(1) is guilty of a misdemeanor and, upon conviction, for a first offense must be fined two hundred dollars or imprisoned not more than thirty days, and the entire catch must be seized and forfeited as provided in Section 50-17-650. If the shrimp involved in the violation were caught over bait his privilege to catch shrimp over bait must be suspended for two years from the date of conviction;

(2) for a second or subsequent offense, is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars or imprisoned for not more than thirty days. The boat, motor, trailer, rigging, coolers, fishing devices, and the entire catch may be seized and forfeited as provided in Section 50-17-650. If the shrimp involved in the violation were caught over bait, his privilege to catch shrimp over bait must be suspended for two years from the date of conviction. Other law notwithstanding, magistrate's court has jurisdiction over second and subsequent offenses.

(F) A person or captain of a charter fishing vessel who violates subsection (C):

(1) is guilty of a misdemeanor and, upon conviction for a first offense, must be fined two hundred dollars or imprisoned not more than thirty days and the shrimp must be seized and forfeited as provided in Section 50-17-650.

(2) for a second or subsequent offense, is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars or imprisoned for not more than thirty days. The boat, motor, trailer, rigging, coolers, fishing devices, and the entire catch may be seized and forfeited as provided in Section 50-17-650. If the shrimp involved in the violation were caught over bait, his privilege to catch shrimp over bait must be suspended for two years from the date of conviction. Other law notwithstanding, magistrate's court has jurisdiction over second and subsequent offenses.

(G) A bait dealer who violates subsection (D):

(1) is guilty of a misdemeanor and, upon conviction for a first offense, must be fined two hundred dollars or imprisoned not more than thirty days.

(2) for a second or subsequent offense, is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned not more than thirty days. In addition, the bait dealer involved in the violation must have his privilege to harvest or distribute bait suspended for one year from the date of conviction.

(H) No part of the fine or suspension imposed for a violation of this section may be suspended."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Became law without the signature of the Governor -- 6/15/97.

Printer's Date -- June 18, 1997 -- S.