Bill 392

                    Current Status

Bill Number:               392
Ratification Number:       294
Act Number                 204
Introducing Body:          Senate
Subject:                   Designate spotted sea trout and red drum
                           as game fish

(A204, R294, S392)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-56 SO AS TO DESIGNATE SPOTTED SEA TROUT AND RED DRUM AS GAME FISH, TO REGULATE THEIR TAKING AND SALE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

Spotted sea trout and red drum game fish; taking and sale regulated; penalties

SECTION 1. The 1976 Code is amended by adding:

"Section 50-17-56. Spotted sea trout (winter trout), Cynoscion nebulosus, and red drum (channel bass), Sciaenops ocellatus, are game fish. It is unlawful to take or attempt to take either species in the waters of this State, except by cane pole, using hook and line, rod and reel, or by gigging. However, it is unlawful to gig for spotted sea trout or red drum between January first and March first. It is unlawful for any person to have in possession any red drum or spotted sea trout while fishing or transporting any gill net, seine, or other commercial fishing equipment. Any fish of either species caught in the devices must be returned to the water immediately.

Bona fide mariculture operations may collect spotted sea trout and red drum with commercial fishing equipment or import either species for brood stock or culture purposes under special permit from the Marine Resources Division.

Any wholesale or retail seafood dealer or other business who imports red drum or spotted sea trout from another state or country where the taking and sale of the fish is lawful must have in possession a bill of sale or other proof of origin for each lot or shipment of the fish received before the fish may be sold. Red drum or spotted sea trout grown in mariculture operations may be sold in this State if the fish are properly marked and identified.

It is unlawful for any person to take or have in possession more than twenty spotted sea trout or twenty red drum in any one day. The possession limit does not apply to mariculture operations or to the sale of properly identified fish imported by seafood dealers as provided in this section. The species named in this section must be landed with the head and tail fins intact.

The penalty for convictions of violations of this section are as provided in Section 50-17-130 and each fish possessed, sold, offered for sale, purchased, or attempted to be purchased in violation of this section is a separate offense."

Time effective

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