Bill 4081

                    Current Status

Bill Number:               4081
Ratification Number:       696
Act Number                 601
Introducing Body:          House
Subject:                   Taking shrimp over bait

(A601, R696, H4081)

AN ACT TO AMEND SECTIONS 50-17-55 AND 50-17-1620, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP, SO AS TO PROVIDE THAT THE WILDLIFE AND MARINE RESOURCES DEPARTMENT SHALL ISSUE TAGS AND PERMITS TO TAKE SHRIMP OVER BAIT AND TO PROVIDE THAT THE DEPARTMENT MAY ADOPT BY REGULATION ALL FISHING REGULATIONS PROMULGATED UNDER THE FEDERAL FISHERY CONSERVATION AND MANAGEMENT ACT.

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

Taking shrimp over bait

SECTION 1. Section 50-17-1620(C) of the 1976 Code as last amended by an act of 1988 bearing ratification number 308 is further amended to read:

"(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 permit and associated tags, except that a resident possessing the required permit 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 permit or associated tags. Upon receipt of application and fees, the department shall issue the permit along with ten marking device tags bearing the corresponding permit number. Each permittee while shrimping over bait shall carry on his person his baiting permit and upon demand shall show it to a conservation officer."

Regulation of the taking of saltwater fish and crustaceans

SECTION 2. Section 50-17-55 of the 1976 Code, as last amended by an act of 1988 bearing ratification number 477, is further amended to read:

"Section 50-17-55.

(1) It is unlawful to take, have in possession, land, or sell any spiny lobster (Panilurus argus) in the State:

(a) taken or harvested from April first to July twenty-fifth of each year;

(b) of less than three inches carapace length or five and one-half inches tail length; in the U. S. Fishery Conservation Zone in accordance with federal regulations promulgated under the Fishery Conservation and Management Act (P. L. 94-265).

(2) It is unlawful to take, catch, have in possession, land, or sell any king (Scomberomorus cavalla) or spanish mackerel (Scomberomorus maculatus) during the times or seasons that are closed to fishing for these species in the U. S. Fishery Conservation Zone under federal regulation promulgated in accordance with the Fishery Conservation and Management Act (P. L. 94-265). The provisions of this section apply only to king or spanish mackerel taken by the fishing gear or equipment specified in the same regulations.

(3) It is unlawful to take, catch, have in possession, land, or sell any fish of the following species of less than the minimum size limit (and in accordance with any tolerance limits thereof) established by federal regulations under authorization of the Fishery Conservation and Management Act (P. L. 94-265) as follows: Red snapper (Lutjanus campechanus) - twelve inches total length; Yellowtail snapper (Ocyurus chrysurus) - twelve inches total length; Black sea bass (Centropristes striata) - eight inches total length; Red grouper (Epinephelus morio) - twelve inches total length; Nassau grouper (Epinephelus striata) - twelve inches total length; Spanish mackerel (Scomberomorus maculatus) - twelve inches fork length; and Cobia (Rachycentron candadum) - thirty-three inches fork length.

(4) (a) It is unlawful to take, catch, have in possession, land, or sell any spotted sea trout 'Cynoscion nebulosus', known locally as winter trout, of less than twelve inches in total length or from June first to September first of each year any red drum 'Sciaenops ocellatus' known locally as channel or spot-tail bass, of less than fourteen inches in total length.

(b) It is unlawful for any person to take or have in possession more than one red drum exceeding thirty-two inches in total length in any one day.

(c) Any spotted sea trout or red drum of less

than the minimum size limits or exceeding the catch limit provided in this subsection must be released immediately in the waters where caught.

The species named in this section, with the exception of Spanish mackerel and cobia, must be landed with the head and tail fins intact.

The Wildlife and Marine Resources Department may adopt by regulation all fishery regulations promulgated under the Fishery Conservation and Management Act (P. L. 94-265) establishing catch or possession limits, seasons, or fishing periods in the Fishery Conservation Zone adjacent to this state's waters. When adopted, a violation of these regulations is punishable as provided in this section.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.