H 4757 General Bill, By Barfield, Battle, T. Brown, Davenport, Edge, Hamilton, 
Miller, V.T. Mullen, Rhoad, Sharpe, J. Smith and Witherspoon
 A BILL TO AMEND SECTION 50-21-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO LAWS OR ORDINANCES GOVERNING THE OPERATION AND EQUIPPING OF
 VESSELS OPERATED ON THE WATERS OF THIS STATE, SO AS TO PROVIDE THAT THE
 DEPARTMENT OF NATURAL RESOURCES MAY ESTABLISH TEMPORARY OR PERMANENT SLOW
 SPEED ZONES BY DESIGNATING THE AREAS WITH REGULATORY MARKERS, AND TO PROVIDE
 THAT WHENEVER FLOOD CONDITIONS MAKE OPERATION OF WATERCRAFT HAZARDOUS OR
 DANGEROUS TO PERSONS OR PROPERTY, THE DEPARTMENT HAS THE AUTHORITY TO
 TEMPORARILY CLOSE AREAS OF THE WATERS OF THIS STATE TO ALL RECREATIONAL
 VESSELS AND COMMERCIAL FISHING VESSELS FOR A PERIOD NOT TO EXCEED TEN DAYS,
 AND TO PROVIDE FOR CERTAIN EXTENSIONS OF EXCEPTIONS TO THIS CLOSURE.

   03/04/98  House  Introduced and read first time HJ-7
   03/04/98  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-7
   03/18/98  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs HJ-2
   03/24/98  House  Amended HJ-15
   03/24/98  House  Read second time HJ-15
   03/25/98  House  Read third time and sent to Senate HJ-30
   03/27/98  Senate Introduced and read first time SJ-8
   03/27/98  Senate Referred to Committee on Fish, Game and Forestry SJ-8
   05/12/98  Senate Committee report: Favorable Fish, Game and
                     Forestry SJ-12
   05/13/98  Senate Read second time SJ-42
   05/13/98  Senate Ordered to third reading with notice of
                     amendments SJ-42
   05/26/98  Senate Amended SJ-13
   05/26/98  Senate Read third time and returned to House with
                     amendments SJ-13
   06/02/98  House  Debate adjourned on Senate amendments until
                     Friday, June 5, 1998 HJ-62
   06/16/98  House  Continued HJ-9

May 26, 1998

H. 4757

Introduced by Reps. Barfield, Battle, T. Brown, Davenport, Edge, Miller, Sharpe, Witherspoon, Mullen, Rhoad, Hamilton and J. Smith

S. Printed 5/26/98--S.

Read the first time March 27, 1998.

A BILL

TO AMEND SECTION 50-21-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWS OR ORDINANCES GOVERNING THE OPERATION AND EQUIPPING OF VESSELS OPERATED ON THE WATERS OF THIS STATE, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ESTABLISH TEMPORARY OR PERMANENT SLOW SPEED ZONES BY DESIGNATING THE AREAS WITH REGULATORY MARKERS, AND TO PROVIDE THAT WHENEVER FLOOD CONDITIONS MAKE OPERATION OF WATERCRAFT HAZARDOUS OR DANGEROUS TO PERSONS OR PROPERTY, THE DEPARTMENT HAS THE AUTHORITY TO TEMPORARILY CLOSE AREAS OF THE WATERS OF THIS STATE TO ALL RECREATIONAL VESSELS AND COMMERCIAL FISHING VESSELS FOR A PERIOD NOT TO EXCEED TEN DAYS, AND TO PROVIDE FOR CERTAIN EXTENSIONS OF AND EXCEPTIONS TO THIS CLOSURE.

Amend Title To Conform

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

SECTION 1. Section 50-21-30 of the 1976 Code, as amended by Act 181 of 1993, is further amended by adding at the end:

"(4) the department may establish temporary slow speed zones by designating the areas with regulatory markers;

(5) whenever flood conditions make operation of watercraft hazardous or dangerous to persons or property, the department has the authority to temporarily close areas of the waters of this State to all recreational vessels and commercial fishing vessels for a period not to exceed ten days whenever flood conditions make operation of watercraft hazardous or dangerous to persons or property, for a period not to exceed ten days. The Governor may extend this temporary closure until such time as the flood conditions have improved so that recreational vessels and commercial fishing water traffic are no longer hazardous or dangerous to persons or property. The closure of these waters does not apply to law enforcement or medical personnel or to persons who own or lease property within the affected area."

SECTION 2. Chapter 17, Title 50 of the 1976 Code is amended by adding:

"Section 50-17-550. (A) Definitions:

(1) `Registered vessel' means those vessels which are: (1) issued a South Carolina certificate of number; or (2) documented through the U.S. Government as home-ported in South Carolina; or (3) licensed to fish by South Carolina or the master or crew of which holds a land and sell license issued by South Carolina.

(2) `Commercial fishing vessel' means any vessel licensed by South Carolina for commercial fishing purposes (power boat license) or whose master or crew holds a land and sell license.

(3) `Recreational vessel' means any registered vessel not licensed as a commercial fishing vessel including charter fishing vessels as defined in Section 50-20-20.

(B) The provisions of this section apply to any registered vessel operating in the salt waters of this State.

(C)(1) It is unlawful for any person aboard a recreational vessel to possess more than eight dolphin per day.

(2) It is unlawful for the master of a recreational vessel to have aboard more than thirty dolphin per day regardless of the number of persons on board.

(3) Any person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars or imprisoned for up to ninety days, or both. All dolphin must be seized and disposed of according to law. The court may order restitution to the department.

(D) It is unlawful to transfer dolphin from or to a vessel or to land dolphin taken by another vessel. Any person on board a vessel violating this subsection is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars or imprisoned for not more than thirty days.

(E) It is unlawful for the master of any commercial fishing vessel to have aboard more than four thousand pounds of dolphin. Provided, that a master of a vessel using long line commercial gear for taking dolphin may possess not more than four thousand four hundred pounds of dolphin. The master of any vessel who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned for up to one hundred eighty days. All dolphin must be seized and disposed of according to law. The court may order restitution to the department."

SECTION 3. On or after July 1, 1998, public hearings shall be held to discuss boating safety on the waterways of South Carolina. These public hearings shall be commenced by a legislative study committee who shall report its findings and recommendations to the General Assembly by January 12, 1999. The report shall include recommendations pertaining to improving boating safety on the waterways of South Carolina. The committee shall be composed of five members of the Agriculture, Natural Resources and Environmental Affairs Committee of the House of Representatives appointed by the chairman of the committee; five members of the Fish, Game and Forestry Committee of the Senate, to be appointed by the chairman of the committee. The committee shall utilize the existing staff of the Fish, Game and Forestry Committee of the Senate; the existing staff of the Agriculture, Natural Resources and Environmental Affairs Committee of the House of Representatives; and such other legislative staff members as may be available. The committee shall dissolve upon presentation of its report.

SECTION 4. This act takes effect upon approval by the Governor.