Current Status Introducing Body:Senate Bill Number:886 Primary Sponsor:Drummond Committee Number:07 Type of Legislation:GB Subject:Coastal fisheries laws, violations of Residing Body:Senate Current Committee:Fish, Game & Forestry Companion Bill Number:3869 Computer Document Number:436/11596.DW Introduced Date:Apr 16, 1991 Last History Body:Senate Last History Date:Apr 16, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Drummond Type of Legislation:General Bill
Bill Body Date Action Description CMN
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886 Senate Apr 16, 1991 Introduced, read first time, 07
referred to Committee
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TO AMEND CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 SO AS TO PROVIDE A POINT SYSTEM TO BE USED IN SUSPENDING PRIVILEGES, LICENSES, AND PERMITS FOR VIOLATIONS OF COASTAL FISHERIES LAWS AND REGULATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 17, Title 50 of the 1976 Code is amended by adding:
Section 50-17-1110. For the purposes of this article:
(1) 'Coastal fisheries privileges' means the privilege to engage in an activity involving fishing, taking, attempting to take, or possession of fish, shellfish, crustaceans, or products of them as defined in Section 50-17-15 and includes an activity for which a license or permit is required from the Division of Marine Resources and the privilege to hold a license or permit.
(2) `Conviction' includes the entry of a plea of guilty or nolo contendere and the forfeiture of bail or collateral deposited to secure a defendant's appearance in court.
(3) 'Department' means the South Carolina Wildlife and Marine Resources Department.
Section 50-17-1120. There is established the following point system to be used by the department in suspending the privileges, licenses, and permits of persons convicted for violations of law and regulations which apply to coastal fisheries activities within this State.
Violations Points
(a) Fishing, taking, or attempting to take, buying, selling, or offering for sale fish, shellfish, or crustaceans without a proper license or permit........................................18
(b) Fishing, taking, or attempting to take fish, shellfish, or crustaceans in an unlawful manner, during unlawful hours or during the closed season for the activity, except shrimp trawling violations or violations in areas closed by the Department of Health and Environmental Control................ 0
(c) Violation of commercial fishing license or permit conditions............................... 8
(d) Using unlawful or unauthorized fishing methods, gear, or equipment..................... 8
(e) Failure to keep records or make reports as required by law or regulation................... 6
(f) Violation of size limit provisions set by law for fish, shellfish, crustaceans, or other seafood products................................ 6
(g) Possession of more than the legal limit of fish, shellfish, ofcrustaceans.................. 6
(h) Unlawful buying, selling, or offering for sale of fish, shellfish, crustaceans, or other seafood products by a properly licensed or permitted person................................10
(i) Harvesting shellfish on culture permit areas or state bottoms without proper permission or permit.......................................... 8
(j) Harvesting shellfish in an area closed to shellfishing by the Department of Health and Environmental Control...........................18
(k) Theft of catch or fishing equipment, damage to fishing equipment or interfering with fishing equipment.......................................18
(l) Trawling or channel netting in an area which is closed to trawling or during closed season... 8
(m) Failure of captain or crew of a boat to cooperate with an enforcement officer...........18
(n) Wilfully impeding or obstructing the lawful harvest of marine species.......................18
(o) Trawling during unlawful hours or within restricted areas off beaches.................... 8
(p) Violation of law pertaining to female sponge crabs........................................... 8
(q) Fishing, taking, attempting to take, or possession of fish, shellfish, crustaceans, or other seafood products in an illegal manner not mentioned specifically elsewhere in this section......................................... 6.
The points and penalties assessed under this section are in addition to other civil remedies and criminal penalties which may be assessed.
Section 50-17-1130. Each time a person is convicted of a violation enumerated in Section 50-17-1120 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. The points and penalties assessed are in addition to other civil remedies and criminal penalties. Nothing contained in this article affects the action of the department in suspending, revoking, or cancelling a license or permit when the action is mandatory under the provisions of any other law of this State except the suspension provisions of this article, when applied, are in lieu of the suspension provisions of any other law of this State.
Section 50-17-1140. The department shall suspend for one year the coastal fisheries privileges and associated licenses and permits issued to a person who has accumulated eighteen or more points. The suspension commences on the eleventh day after the person receives written notice by mail, return receipt requested, of the suspension and ends on the same day the following year. The suspension provisions of this article do not apply to a boat or vessel license or permit, except as applied to a person operating the boat or vessel under Section 50-17-1120(1)(a).
Section 50-17-1150. (A) Upon determination by the department that a person has accumulated sufficient points to warrant the suspension of his privileges, the department shall notify him in writing, return receipt requested, that his privileges have been suspended, and he shall return the license or permit, other than a boat or vessel license or permit, 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 has the right to representation by an attorney. The review must take place within ten 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 commences on the eleventh day after the review and ends on the same day of 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 50-17-1160. (A) A person whose privileges have been suspended may appeal the decision of the department under the provisions of Article 3, Chapter 23 of Title 1 (the Administrative Procedures Act).
(B) If the person requests a review upon the record, the suspension is held in abeyance until the day of the final disposition of the appeal and if the suspension is upheld, the suspension commences on that day and ends on the same day of the following year.
Section 50-17-1170. After the expiration of the suspension period the person's record must be cleared of all points.
Section 50-17-1180. The department shall administer and enforce the provisions of this article and may promulgate regulations for its implementation. The department shall print and distribute a brochure explaining the point system.
Section 50-17-1190. A person engaging in activities suspended 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 for thirty days and have his coastal fisheries privileges suspended for an additional three-year period for each offense. A person convicted of a second or subsequent offense under this section must be fined two thousand five hundred dollars or imprisoned for one year."
SECTION 2. This act takes effect upon approval by the Governor.