South Carolina General Assembly
110th Session, 1993-1994

Bill 3546

... part 16 of 22

Director, commission, and division changed to department or board; names revised

SECTION 1263. Chapter 13, Title 50 of the 1976 Code is amended to read:

"CHAPTER 13

Protection of Fish

Article 1

Restrictions on Fishing Generally

Section 50-13-10. The catching of game fish in all waters of the State shall be only with hook and line, fly rod, casting rod, pole and line and hand line. Not more than two of the above-mentioned devices may be used by any one individual while fishing.

Section 50-13-11. Notwithstanding the provisions of Section 50-13-10, any person fishing in a boat may use an unlimited number of lawful fishing devices so long as every other occupant of the boat who, if fishing would be required by law to have a fishing license, has in his possession a valid fishing license.

Section 50-13-20. Except as otherwise expressly provided, it shall be unlawful to catch and carry away from any artificial lake of an area of ten thousand acres or more within Game Zone No. 2 that has its dam site within such zone, from any of the tributaries upstream of any such lake for a distance of one mile above where the water ceases to flow or from Boyd's Mill Pond in Laurens County in Game Zone No. 2 any fish of any kind except by hook and line, which shall include poles, rod and reel and natural or artificial bait and no person shall use more than two poles at the same time. Any person violating any of the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine of not less than ten dollars nor more than one hundred dollars or by imprisonment of not less than ten days nor more than thirty days.

Section 50-13-60. The department shall declare a closed season for a period of not more than sixty days at any one time on fish in any stream in this State on the written recommendation of the Senator and at least one-half of the representatives from any county in which such stream may be situated. Any person who shall take fish from any such stream in this State during any such closed season shall, upon conviction, be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for not less than thirty days.

Section 50-13-65. Notwithstanding the provisions of Section 50-13-60, in Game Zone 1 only, a stream may be closed for a period of one hundred fifty days under the same procedure as provided in Section 50-13-60 and any person convicted of unlawfully fishing during such closed season shall be fined as provided in Section 50-13-60.

Section 50-13-70. The department shall give notice of the closed season so declared by publication in at least two daily newspapers, including a newspaper in the county or counties in which the closed season is declared, if such counties have newspapers therein, stating the length of the period of such closed season.

Section 50-13-80. Any person found fishing with hook and line or in any other manner whatsoever within the restricted territory during a closed season so declared shall be prima facie guilty of violating the provisions of Section 50-13-60, regardless of whether he shall have caught any fish or not.

Section 50-13-90. There is hereby created a closed season for the fishing for or taking of trout from the fresh-water streams of this State, beginning the first day of October and terminating the first day of March of each year. The word `trout' as used in this section shall mean rainbow, brook, brown or other species of cold-water trout and shall not mean fresh-water bass.

Section 50-13-100. It shall be unlawful for any person during a closed season declared pursuant to Section 50-13-60 to have in his possession any trout taken from the fresh waters of this State. Any person found in possession of fresh-water trout during a closed season shall be presumed to have taken such trout from the fresh-water streams of this State.

Section 50-13-110. It shall be lawful for any person to fish for and catch trout in Game Zone No. 1 at any time except during the closed season therefor.

Section 50-13-120. There shall be no size limit on any fresh-water game fish caught in this State, nor on rainbow, brook, brown or other species of cold-water trout.

Section 50-13-190. As used in reference to fishing laws of this State, as they apply to Horry County, all waters in the county north of the bridge across the Inland Waterway at Nixon's Cross Roads, where State Highway No. 9 and U.S. Highway No. 17 intersect, shall be designated salt waters and those south of the bridge shall be designated fresh waters. The department shall erect and maintain appropriate signs on or near the bridge, marking the division of salt and fresh waters.

Section 50-13-200. Fishing in the nighttime is hereby prohibited in that portion of Four-Hole Swamp known as Bridge Lake, in Dorchester County, except during the season fixed by law for shad fishing. Anyone violating the provisions of this section shall be subject to a fine of not more than one hundred dollars or to a term of imprisonment of not more than thirty days.

Section 50-13-210. It is unlawful for a person in any one day to catch more than forty game fish; however, of the total creel limit: (1) not more than ten of the total may be striped bass (Rockfish) or hybrid bass (striped bass-white bass) or a combination of them unless regulations promulgated by the department and adopted by the General Assembly by authority of Section 50-13-236 reflect otherwise; (2) not more than ten of the total may be black bass (large mouth, small mouth, coosae) or a combination of them unless regulations promulgated by the department and adopted by the General Assembly by authority of Section 50-13-236 reflect otherwise; (3) not more than ten of the total may be trout; (4) not more than eight of the total may be walleye or sauger or a combination of them; (5) not more than thirty of the total may be any game fish not specified.

Section 50-13-220. No more than five striped bass (rockfish) may be caught in any one day from: (1) Broad River from the lock and dam of the Columbia Canal to its confluence with Lower Saluda River; (2) Lower Saluda River from the Lake Murray Dam to its confluence with Broad River; (3) Wateree River from the Lake Wateree Dam to its confluence with Congaree River; (4) Congaree River from the confluence of Broad and Lower Saluda Rivers to its confluence with Wateree River; (5) Lake Marion, Lake Moultrie, and the Diversion Canal; (6) the Tailrace Canal from Pinopolis Dam to Cooper River; (7) the east and west branches of Cooper River downstream to the U.S. Highway 17 bridge; (8) Wando River; (9) the Rediversion Canal; (10) Santee River from the Lake Marion Dam downstream to the Intercoastal Waterway. This section applies to all tributaries, streams, creeks, or other watercourses connected to the waters described above.

Section 50-13-230. The department may increase the limits on striped bass or rockfish provided in Section 50-13-220 in these restricted waters and may make such restrictions applicable to other bodies of water when such waters are stocked with striped bass or rockfish by the Department.

Section 50-13-235. It is unlawful to take or possess striped bass (rockfish) less than eighteen inches in Lake Marion and Moultrie, the Congaree River, the Wateree River northward to the Lake Wateree Dam, the Saluda River northward to the Lake Murray Dam and the Santee River southward to the saltwater-freshwater dividing line.

Section 50-13-236. The department may establish the daily creel limits and size limits on Lake Murray and on all waters of the Saluda River lying between the Lake Greenwood Dam (Buzzard's Roost Dam) and Lake Murray for striped bass (Rockfish) and Black Bass by regulations promulgated and adopted in accordance with Article I, Chapter 23 of Title 1. No creel or size limits may be set by emergency regulations. A person taking striped bass or black bass exceeding the limits set by the department is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-13-285.

Section 50-13-240. Whenever the limits provided in Sections 50-13-210 to 50-13-230 and 50-13-300 are in conflict with a reciprocal agreement with another state, such limits shall not apply.

Section 50-13-250. Not more than ten trout may be taken from the freshwater streams of the State in any one day except for that portion of Matthews Creek and Middle Saluda River which lies in Greenville County, Eastatoe River in Pickens County, Whitewater River in Oconee County, and Lake Jocassee in Oconee and Pickens Counties. The department may promulgate regulations to establish creel and possession limits, bait limitations, and for any other purposes to protect the trout fishery. As used in this section the word `trout' means rainbow, brook, brown, or other species of cold-water trout and does not mean freshwater bass.

Section 50-13-260. It shall be lawful for any enforcement officer to search any creel.

Section 50-13-270. When fishing in private ponds entirely segregated from other waters, creel limits shall not apply, if permission shall have been given by the owner of such pond to exceed statutory limits.

Section 50-13-280. It shall be unlawful for any person to have in his immediate possession or control more than the number of game fish authorized to be caught by one person in any one day; provided, that the provisions of this section shall not apply to any person traveling in a vehicle with not more than the number of game fish authorized to be caught by one person in any two days nor to any person who has fish stored in a freezer in any residence which is not used as or connected with a store, service station, eating establishment or any such similar commercial establishment.

Section 50-13-285. Any person violating the provisions of Sections 50-13-210, 50-13-220, 50-13-250, or 50-13-280 must upon conviction for a first offense of any of the sections be fined not less than thirty dollars nor more than two hundred dollars or imprisoned for not more than thirty days and for a subsequent offense of any of the sections be fined not less than three hundred dollars nor more than five hundred dollars or imprisoned for not more than sixty days, or both. Subsequent offense is an offense against any of the sections and not any one in particular. But only those offenses of any of the sections which occurred within a period of two years, including and immediately preceding the date of the last offense shall constitute prior offenses within the meaning of this section.

Section 50-13-320. (1) It shall be unlawful for any person to net, trap, harpoon, lasso or molest genus Delphinus or genus Tursiops in the waters of Beaufort County. (2) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one hundred dollars or imprisonment for not more than thirty days.

Section 50-13-350. Whenever anyone shall have made or created an artificial pond on his own land and shall put therein any fish or the eggs of any fish or oysters, for the purpose of breeding and cultivating fish or oysters, and shall give notice thereof, by written or printed handbills, put up in public places near such pond, any person who shall thereafter enter in or about such pond for the purpose of fishing, shall catch or take away any fish or oysters therefrom or shall be guilty of committing any trespass by using any means to destroy or injure the fish or oysters raised or collected in such pond or by breaking the dam for the purpose of permitting the fish or oysters to escape shall be guilty of a misdemeanor and shall be subject to a fine of not less than twenty dollars nor more than one hundred dollars or be imprisoned at the discretion of the court. Any such fine, if imposed, shall go one half to the informer and the other half to the person whose property shall have been injured. Nothing in this section shall be construed as applying to ponds used as water power for manufacturing purposes.

Section 50-13-360. It shall be unlawful for any person to shoot fish in any of the streams, lakes or rivers or their tributaries, both muddy and clear-water streams, inclusive, in the counties of Bamberg, Berkeley, Charleston and Dorchester at any time during the year.

Section 50-13-370. Nothing contained in the laws of this State for the protection of fish or which provide for a closed time in the creeks, streams and inland waters shall be construed to restrict or interfere in any manner with the United States Commissioner of Fish and Wildlife or his agents when fishing for fish of any kind in connection with the operations of any fish hatcheries, but the United States Commissioner of Fish and Wildlife and his duly authorized agents are accorded full and free right to conduct fish cultural operations and scientific investigations in the waters of this State and all fishing and other operations necessary therefor, in such manner and at such times as are considered necessary and proper by such Commissioner or his agents.

Section 50-13-380. It shall be unlawful to take or possess large-mouth bass less than twelve inches in length in Lake Robinson which is located in Chesterfield and Darlington Counties in Game Zones 5 and 8. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed one hundred dollars or imprisoned for a term not to exceed thirty days.

Article 3

Use of Nets, Seines, Traps, and Like Devices

Section 50-13-510. Persons owning private ponds in this State may catch fish therein with traps or nets for propagation purposes only after the issuance of a permit from the department. The department may issue such rules and regulations it considers necessary in connection with the issuance of such permit, the length of time that each permit will be of force, and the conditions on which each will be issued. The department shall have full power and authority to revoke such permits in its discretion. No permit shall be issued unless it be endorsed in writing by an enforcement officer in the county in which it is to be used.

Section 50-13-530. There shall be a closed time, of all the muddy streams, creeks and inland waters of the State from the setting of the sun each Saturday until the rising of the sun each Wednesday, during which time all seines, nets or other plans or devices for the stoppage or collecting of shad and herring, which obstruct any portion of any such stream, creek or inland waters, shall be removed from such creek, stream or inland waters.

Section 50-13-580. Should any game fish be taken by net or other nongame fishing device while fishing for fish other than game fish, they must be immediately returned to the water from whence they came. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days. Any equipment and devices used in committing the violation must be seized and disposed of as provided in Section 50-13-1196.

Section 50-13-610. Fish in Game Zone No. 1 shall be caught only with rod and reel, rod and line or pole and line, with single bait or lure in the hands of the operator, or by throwing when not more than one lure and line is used by the person throwing. But when a pole and line is used, the fisherman may use not exceeding three poles provided they all be used in his view, and he is not required to have them in his hands all of the time, and it shall not be unlawful for a person fishing with pole and line to have in his possession and use at intervals a rod and reel or rod and line.

Section 50-13-620. Any violation of any of the provisions of Sections 50-13-600 or 50-13-610 shall be punishable by a fine of not more than one hundred dollars nor less than ten dollars or by imprisonment for not more than thirty days.

Section 50-13-650. In Game Zone 3 it shall be unlawful to use nets or seines for catching shad in the Savannah River from the New Savannah Bluff Lock and Dam to a point where Spirit Creek empties into the Savannah River.

Section 50-13-680. It is unlawful to take fish by any method in Red Bluff Pond in Marlboro County without a permit issued by Marlboro County American Legion Post Sixty, which owns the pond. Fishing in the pond is subject to the same laws governing fishing in Lake Paul A. Wallace in Marlboro County except that minnows may be used for bait in Red Bluff Pond. It is lawful to net nongame fish in Red Bluff Pond in Marlboro County during the months of December, January, and February, from sunrise on Wednesday until sunset on Saturday, after registering with the caretaker of the pond. Each net used must be clearly marked and no person netting fish may have any other fishing equipment in his boat.

Section 50-13-690. The owner of any private pond or lake, or any person with the written permission of the owner, may, from November fifteenth to February fifteenth of each year, take nongame fish by means of net, seine, trap or other device within the perimeter of the private pond or lake in Chesterfield County without regard to whether or not the pond or lake is fed by a public stream.

Section 50-13-700. It is unlawful for any person to use or have in possession any drag seine or drag net more than four hundred feet long or more than twelve feet deep with mesh smaller than one and one-half inches in any waters in Beaufort County in Game Zone No. 11. Any person violating any of the provisions of this section is subject to a fine of not less than fifty dollars nor more than one hundred dollars or to imprisonment not exceeding thirty days for the first offense, and for a second or subsequent offense, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not less than sixty days nor more than six months, or both fine and imprisonment, in the discretion of the court.

Section 50-13-730. Notwithstanding any other provision of law, the department is authorized to promulgate rules and regulations establishing the open season for the taking of nongame fish with nets in the fresh waters of the counties in Game Zone No. 9. Any such rules and regulations promulgated shall specify those waters in which nongame fish may be taken with nets, which species may be taken, the open season for such taking, any special schedules and any necessary restrictions including specifications as to what types and mesh size nets shall be permissible. Provided, however, that no rule or regulation promulgated hereunder or any change therein later issued by the department shall be effective in any county in Game Zone No. 9 or in the fresh waters therein unless a majority of the legislative delegation of that county approves such rule or regulation or change therein. In promulgating the rules and regulations authorized by this section, the department shall not change or alter in any way the seasons, schedules or restrictions established by law for the taking of shad from any of the waters in Game Zone No. 9. Any open season established by the department under the authority of this section relating to the open season for the taking of herring shall be from February twentieth to March thirty-first of each year, inclusive; and no nets shall be allowed for the taking of herring with a mesh size of less than three-inch square. No herring may be taken by gill net in the Santee River or any of its tributaries upstream from S. C. Highway 41.

Section 50-13-735. Gizzard shad, threadfin shad, and herring may be taken with dip nets and seines in the Santee River, including that portion above U. S. Geological Survey Gauging Station No. 1715, with the following specifications and seasons: (1) The net must be a hand-operated dip net with the bow constructed of wood or metal and the webbing of wire or textile material with a mesh size not greater than one and one-half inches square. (2) The bow may not exceed six feet in any direction. (3) The seine shall have a mesh size of not less than one-half inch square nor greater than one inch square. (4) No seine may exceed one hundred yards in total length nor may any cable, line, or other device used for support of a herring seine extend more than halfway across the stream. (5) The season for taking herring in the Santee River with the above-described gear is from February fifteenth to May first from sunrise Mondays until sunset Thursdays only.

Section 50-13-770. (1) It shall be unlawful to catch fish on the Combahee River from U.S. Highway No. 17 seaward using traps, trotlines or nets. (2) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty-five dollars nor more than one hundred dollars, or be imprisoned for not more than thirty days.

Section 50-13-795. It shall be lawful to fish for eels on any day of the week on the Savannah River in Jasper County.

Section 50-13-805. Notwithstanding any other provision of law, gill nets of a size no smaller than three inches stretch mesh may be used in Game Zone No. 10 on the main stream of the Big Pee Dee River and its tributaries from February fifteenth to April fifteenth, inclusive, from Wednesday, sunrise and ending Saturday, sundown, for the catching of herring.

Section 50-13-815. Gill nets of a mesh size of not less than seven and one-half inches nor greater than eight-inch stretch may be used during the months of June, July, and August in Conch Creek, a tributary of the Pee Dee River in Georgetown County. Any sturgeon caught in the nets must be immediately returned to the water.

Article 5

Special Provisions for Game Zone No. 7 and Georgetown County

Section 50-13-980. Any person having in his possession on any lake, stream, river or their tributaries, going to or coming from such lake, stream, river, or their tributaries or in the fields or woods or going to or coming from the fields or woods any fish in excess of the limits set out in Chapters 1 through 19 of this title or in any state law shall be presumed to have killed or caught such fish.

Section 50-13-990. It shall be unlawful to ride a surfboard within one hundred yards of any fishing pier in Game Zone No. 7 and Georgetown County. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or imprisoned for not more than thirty days.

Section 50-13-1010. This article shall not apply to persons fishing on the bottom with ordinary fishing poles, fly rods or rods and reels or hand lines which are actually in their possession.

Section 50-13-1020. Any person violating any one or more of the provisions of this article is guilty of a misdemeanor and, upon conviction, shall be fined for the first offense not less than twenty-five dollars, nor more than one hundred dollars, or be imprisoned for not more than thirty days; for the second offense, not less than fifty dollars, nor more than one hundred dollars, or be imprisoned for not more than thirty days; for the third offense, not less than one hundred dollars or be imprisoned for not more than sixty days; and for each subsequent offense the fine or imprisonment imposed for the last previous offense shall be doubled. Each violation of any provision of this article shall constitute a separate offense.

Article 6

Protection of Nongame Fish

Section 50-13-1110. The provisions of this article shall apply to the use of nongame fishing devices and the taking of nongame fish in the freshwaters of this State, which shall include all waters inland of the saltwater-freshwater dividing lines on the coastal rivers as established in Section 50-17-30. The provisions of this article shall not apply to shad or herring where otherwise provided by law.

Section 50-13-1115. (A) The following nongame fishing devices may be used for the taking of nongame fish in the freshwaters of this State in which such devices are authorized: (1) trotlines, (2) set hooks, (3) jug fishing devices, (4) traps, (5) eel pots, (6) gill nets, (7) hoop nets, (8) skimbow nets, (9) bows and arrows, (10) gigs, (11) spears, (12) tires, (13) minnow seines, (14) cast nets, (15) seines, (16) pump nets. (B) The possession or use on the freshwaters of this State of any device or gear designed or used to catch nongame fish not authorized by this article is unlawful. Nothing in this article shall be construed to prohibit the taking of nongame fish with lawful game fishing devices designed to take game fish.

Section 50-13-1116. Notwithstanding other provisions of this title, nongame fishing devices specified in Section 50-13-1115(A)(1), (4), (5), and (6), must be marked with a floating marker with a minimum capacity of one pint and a maximum capacity of one gallon or equivalent size and must be made of solid, buoyant material which does not sink if punctured or cracked. The floating markers must be constructed of plastic, PVC spongex, plastic foam, or cork. No hollow buoys or floats including plastic, metal, or glass bottles or jugs may be used, except manufactured buoys or floats specifically designed for use with nongame fishing devices may be hollow if constructed of heavy duty plastic material and approved by the department. The floating markers must be colored white when used the first through the fifteenth each month and yellow when used the remainder of the month. The owner's name and address must be marked clearly on each floating marker. Nongame fishing devices specified in Section 50-13-1115(A)(2) must have an identification tag bearing the owner's name and address attached to it.

Section 50-13-1120. For the purposes of this article: (a) `Set hook' is defined as a single hook and line set in or along any of the rivers, streams, lakes or waters of this State used to catch fish while attached to bushes, limbs, vines, undergrowth or other parts of vegetation, set poles, pegs, sticks or similar structures. `Set hooks' shall include all similar hook and line devices by whatever name called. (b) `Jug fishing' is defined as fishing by use of a single hook and line attached to a free floating device other than a flotation marker for trotlines, traps or other devices. (c) `Trap' is defined as any device in which fish are taken in an enclosed structure which conforms with the specifications contained in subsection (A) of Section 50-13-1165, except eel pots and shall include fish traps, baskets and like devices. (d) `Eel pot' is defined as an enclosed structure used to take eels only and which conforms to the specifications provided in subsection (B) of Section 50-13-1165. (e) `Trotline' is defined as two or more hooks attached to a common line which is rigged horizontally. (f) `Hoop net' is defined as a device in which fish are taken in an enclosed structure which conforms with the specifications contained in Section 50-13-1175. (g) `Skimbow net' is defined as a hand-operated dip net with the bow constructed of wood or metal with wire or textile netting with a mesh size not greater than one and one-half inches square. The bow shall not exceed six feet in any direction. (h) `Minnow seine' is defined as a seine of a size not greater than four feet in width by twenty feet in length with a mesh size of not more than one-fourth inch square mesh. (i) `Gig' is defined as a device consisting of a long staff on which two or more hooks or similar type sharp points normally with barbs are attached. (j) `Spear' is defined as a device for thrusting or throwing consisting of a long staff to which a sharp head is fixed. (k) `Bows and arrows' are defined as a strip of wood or other material bent by a string stretched between its ends used for shooting arrows. (l) `Gill net' is defined as a device for the taking of nongame fish which conforms to the specifications provided in subsection (1) of Section 50-13-1170. (m) `Yoyo' is a device to which `set hooks' are attached which is activated by spring-like devices. (n) `Tires' are defined as truck or automobile tires not exceeding twenty-inch rim. (o) `Cast net' is a circular shaped net with a lead line running around the outside edge. A cord line extends through a ring or horn in the center of the net and from this end there radiates numerous smaller cords (tuck line) which are fastened at regular intervals to the lead line. (p) `Seine' is a net having a stretch mesh of not less than one inch and not more than one and one-half inches which do not exceed seventy-five feet in length or six feet in depth. (q) `Pump net' is a net suspended from a pole placed in a forked stick or device which may be lowered or raised manually in a seesaw type action.

Section 50-13-1125. No fishing device authorized by this article shall be used, placed, set or fished so as to constitute a hazard to boating.

Section 50-13-1126. It shall be unlawful to anchor a seine and leave it unattended.

Section 50-13-1130. Any person involved in the taking of catfish by any method from the public waters who sells or offers for sale such catfish must have in possession a commercial freshwater fishing license as provided in subsection (3) of Section 50-13-1150.

Section 50-13-1135. On or before June 30, 1993: (1) Any person who takes nongame fish in the freshwaters of this State with the following nongame fishing devices shall be required to obtain and have in possession a valid South Carolina state fishing license: (a) bows and arrows; (b) gigs; (c) spears; (d) tires; (e) minnow seines; (f) up to three trotlines with not more than one hundred fifty hooks on all lines; (g) three to fifty set hooks; (h) three to fifty jugs; (i) not more than two traps; (j) not more than one hoop net; (k) one gill net no more than two hundred yards in length or no more than five gill nets, none of which exceeds thirty yards in length; (l) not more than one skimbow net; (m) not more than two eel pots; (n) not more than one seine. The noncommercial fisherman shall purchase set hook or jug fishing permits and any tags which may be required by this article for any particular device used. Such tags and permits shall be applied for on forms to be provided by the Department. Such fisherman shall comply with all other provisions of this article pertaining to the marking and use of nongame fishing devices. (2) Any person who fishes for nongame fish in the freshwaters of this State by the use at any time of the following nongame fishing devices shall obtain and have in possession a commercial freshwater fishing license: (a) two or more gill nets unless they are used as permitted by item (k) of subsection (1); (b) two or more hoop nets; (c) three or more traps; (d) trotlines with a combined total of one hundred fifty-one hooks or more; (e) three or more eel pots. On and after July 1, 1993: (A) (1) A person who takes nongame fish in the freshwaters of this State with the following nongame fishing devices shall obtain and must have in possession a valid South Carolina fishing license: (a) bows and arrows; (b) gigs; (c) spears; (d) tires; (e) minnow seines; (f) one trotline with not more than fifty hooks; (g) three to fifty set hooks; (h) three to fifty jugs; (i) not more than two traps; (j) not more than one hoop net; (k) one gill net not more than two hundred yards in length or not more than five gill nets, none of which exceeds thirty yards in length; (l) not more than one skimbow net; (m) not more than two eel pots; (n) not more than one seine. (2) A noncommercial fisherman shall purchase set hook or jug fishing permits and tags required by this article for the particular device used. Tags and permits may be applied for on forms provided by the department. This fisherman shall comply with other provisions of this article pertaining to the marking and use of nongame fishing devices. (B) A person who fishes for nongame fish in the freshwaters of this State by the use of the following nongame fishing devices shall obtain and must have in possession a commercial freshwater fishing license: (1) two or more gill nets unless they are used as permitted by subsection (A)(1)(k); (2) two or more hoop nets; (3) three or more traps; (4) a trotline with fifty-one hooks or more; (5) three or more eel pots.

Section 50-13-1140. No license shall be required of any person who fishes for nongame fish in the freshwaters of this State with not more than two set hooks or jugs with the exception of a lakes and reservoirs permit as required by Section 50-9-500.

Section 50-13-1145. On or before June 30, 1993: Exclusive of strictly private ponds, no person shall fish in any individual freshwater lake or stream of this State with more than (1) fifty jugs; (2) one skimbow net; (3) fifty set hooks; (4) fifty hoop nets; (5) fifty traps; (6) two thousand trot line hooks. From and after July 1, 1993: Exclusive of strictly private ponds, no person may fish in an individual freshwater lake or stream of this State with more than: (1) fifty jugs; (2) one skimbow net; (3) fifty set hooks; (4) fifty hoop nets; (5) fifty traps; (6) five hundred trotline hooks.

Section 50-13-1150. On or before June 30, 1993: Any person who has been a resident of this State continuously for at least twelve months may apply on forms to be furnished by the department for a commercial freshwater fishing license. Upon proof satisfactory to the department of his residency, he shall upon payment of an annual fee of fifty dollars be issued a resident commercial freshwater fishing license. A nonresident person, which shall include a person who has not been a resident of this State continuously for at least twelve months prior to his application, may apply on forms to be furnished by the department for a nonresident commercial freshwater fishing license and, upon approval of the application by the department and the payment of an annual fee of five hundred dollars, shall be issued such license.

From and after July 1, 1993: (A) A person who has been a resident of this State continuously for at least twelve months may apply on forms furnished by the department for a commercial freshwater fishing license. Upon proof satisfactory to the department of his residency and payment of an annual fee of fifty dollars, he must be issued a resident commercial freshwater fishing license. (B) A nonresident, including a person who has not been a resident of this State continuously for at least twelve months before his application, may apply on forms furnished by the department for a nonresident commercial freshwater fishing license. Upon approval of the application by the department and the payment of an annual fee of one thousand dollars, he must be issued the license.

Section 50-13-1155. On or before June 30, 1993: In addition to the licenses and permits required by Sections 50-13-1135 and 50-13-1150, any person fishing with, or in possession of, nongame fishing devices or gear in the freshwaters of this State shall purchase a tag or permit for each such device as follows: (1) a tag for each gill net at five dollars per tag; (2) a tag for each hoop net at ten dollars per tag; (3) a tag for each trap at five dollars per tag; (4) a tag for each eel pot at five dollars per tag; (5) a tag for each trotline with fifty hooks or less at two dollars fifty cents per tag; (6) a permit for the use of fifty set hooks or less at five dollars per permit; (7) a permit for the use of fifty jugs or less at five dollars per permit. Each tag issued pursuant to this section shall be attached at all times to the device for which it was issued and each permit and tag identification receipt shall be kept on the person to whom it was issued while such person is in possession of or using nongame fishing devices. A fee of one dollar shall be paid for replacement of any tag or permit issued pursuant to this section which is lost or destroyed. A person sixty-five years of age or older and minors under the age of sixteen are not required to purchase a permit to comply with item (6) of this section but a tag with the person's name, address, and age must be attached to the device. From and after July 1, 1993: (A) (1) In addition to the licenses and permits required by Sections 50-13-1135 and 50-13-1150, a person fishing with, or in possession of, nongame fishing devices or gear in the freshwaters of this State shall purchase a tag or permit for each device as follows: (a) a tag for each gill net at five dollars a tag; (b) a tag for each hoop net at ten dollars a tag; (c) a tag for each trap at five dollars a tag; (d) a tag for each eel pot at five dollars a tag; (e) a tag for a trotline with fifty hooks or less at two dollars fifty cents a tag; (f) a permit for the use of fifty set hooks or less at five dollars a permit; (g) a permit for the use of fifty jugs or less at five dollars a permit. (2) The cost of the tags and permits in item (1) applies to residents. The cost of each tag and permit for nonresidents is fifty dollars. (B) Each tag issued pursuant to this section must be attached at all times to the device for which it was issued. Each permit and tag identification receipt must be kept on the person to whom it was issued while the person is in possession of or using nongame fishing devices. (C) A fee of one dollar must be paid for replacement of a tag or permit issued pursuant to this section which is lost or destroyed. (D) A person sixty-five years of age or older and minors under sixteen years of age are not required to purchase a permit to comply with subsection (A)(1)(f) but a tag with the person's name, address, and age must be attached to the device. (E) As used in this section, nonresident is defined as in Section 50-13-1150.

Section 50-13-1160. All nongame, noncommercial or commercial, freshwater fishing licenses, tags and permits required by this article shall be issued for the period of July first to June thirtieth. It shall be unlawful for any person to make false application for, alter, borrow, loan or exchange any such license, tag or permit.

Section 50-13-1165. (A) Any trap used under authority of this article shall conform to one of the following specifications: (1) the trap shall be made of wire or textile material and be cylindrical in shape of a length of not more than six feet and a width of not more than three feet. (a) the mesh size shall not be smaller than one inch by one inch and there shall only be one application of exterior wire to the trap; (b) the muzzle shall have one of the following designs: (i) a trap door on the second muzzle or catch muzzle which remains in a closed position and which only opens for the entry of fish into the trap; the trap door shall be constructed of the same material as the trap; (ii) construction of a netting so that the opening of the small end of the second muzzle or catch muzzle is held in the shape of a slit and the trap configuration constructed such that as the trap rests on the bottom the slit shall be oriented horizontally with the greatest verticle opening being no greater than one inch. (2) the trap shall be made of wood strips or slats and be cylindrical or rectangular in shape. The length shall not exceed six feet and the width or diameter shall not exceed two feet. (a) the throat opening of the catch muzzle in a resting position shall not exceed three inches measured in any direction. (b) the sides, top and rear of the trap shall have a minimum of one inch openings between the slats to allow for the escape of small catfish. This shall apply only to the last twelve inches of the trap. (B) Any eel pot used under authority of this article shall conform to the following specifications: (1) pots shall be no larger than twenty-four inches by forty-eight inches; (2) all eel pots shall be constructed of wire so that: (a) the mesh size is no smaller than one-half by one-half inch, except for the throat or muzzle and the end opposite the throat or muzzle of cylindrical pots; (b) a throat opening not to exceed two inches measured in any direction. (C) (1) Traps and eel pots may be suspended above the bottom of the body of water in which they are used at a depth which does not create a hazard to watercraft passing over them. (2) There shall be no restriction on the type of bait permissible in traps or eel pots, except that no game fish or any part thereof shall be used for bait. (3) There shall be no closed season for fishing with traps or eel pots in the freshwaters of this State in which the use of traps or eel pots is permitted except temporarily by regulation of the Department if low water conditions or any emergency situation develops. (4) No trap or eel pot shall be placed within one hundred feet of the mouth of any tributary stream and no trap or pot shall be placed anywhere in the diversion canal connecting Lakes Marion and Moultrie nor placed within two hundred yards of permanent man-made structure of Lakes Marion and Moultrie. (5) No crab pot or trap of like design shall be used in the freshwaters of this State.

Section 50-13-1170. The season for taking nongame fish other than shad and herring in the freshwaters of this State with gill nets shall be from November first to March first inclusive. They may be used or possessed in the freshwaters in which their use is authorized on Wednesdays, Thursdays, Fridays and Saturdays only. Nongame gill nets used in the freshwaters shall have a mesh size of not less than four and one-half inches stretch mesh. No gill net measuring more than two hundred yards in length may be used in the freshwaters and no gill net, cable, line or any other device used for support of a gill net shall extend more than half way across any stream or body of water. Gill nets shall be placed in the freshwater on a first come first served basis but no gill net shall be placed within two hundred yards of another gill net. Use or possession of gill nets at any place or time other than those prescribed above shall be unlawful. Nongame fish, including Atlantic sturgeon of legal size and caught during open season as established under Section 50-17-830, in licensed shad nets lawfully fished during the open season for taking shad may be kept by the fisherman. Any Atlantic sturgeon caught during the closed season for Atlantic sturgeon must be returned immediately to the waters from whence it was taken.

Section 50-13-1175. Hoop nets may be used or possessed in the freshwaters in which their use is authorized by Section 50-13-1192. The maximum size of hoop nets shall be sixteen feet by five and one-half feet. Hoop nets shall be made of a textile netting (no wire) of a mesh size not less than one inch square nor greater than two inches square enclosing a series of round hoops with two or more muzzle openings which shall be made of a netting material. One side of the hoop may be flat to hold the nets in place. Hoop nets shall rest on the bottom of the body of water in which they are used and shall not be suspended above the bottom. Hoop nets shall not be used within one hundred feet of the mouth of any tributary stream. The maximum number of hoop nets which may be used by one licensee shall be fifty. Use or possession of hoop nets at any place or time other than those prescribed above shall be unlawful.

Section 50-13-1180. (A) No more than five hundred hooks may be attached to a single trotline. A trotline must not be attached to another trotline or to the support or float of another trotline. (B) April first to October first a trotline is not permitted in waters in this State one hour after official sunrise to one hour before official sunset unless the trotline is sunk to the bottom or to a minimum depth of four feet below the water surface. October second to March thirty-first trotlines may be left in the water twenty-four hours a day at any depth. (C) A trotline must not be placed within one hundred feet of the mouth of a tributary stream. (D) A trotline may not remain in the waters of this State more than twenty-four hours without inspection and removal of the fish taken on it. (E) A trotline must not be placed within two hundred yards of a permanent man-made structure on Lakes Marion and Moultrie nor placed in the diversion canal connecting Lakes Marion and Moultrie. (F) Trotline hooks used in Lakes Marion and Moultrie must have a gap or clearance between point and shank no greater than seven-sixteenths inch. (G) Stainless steel hooks must not be used on a trotline.

Section 50-13-1185. All set hooks shall be removed from the water and the vegetation or structure to which they are attached not later than one hour after sunrise each day and shall not be reattached earlier than one hour before official sunset.

Section 50-13-1186. All jugs used in fishing in freshwaters shall range between a minimum capacity of one pint and a maximum capacity of one gallon with the licensee's name and address clearly marked on each jug. All jugs shall be removed from the water one hour after sunrise each day and not replaced before one hour before official sunset. The attachment of more than one hook and line to a jug fishing device is prohibited.

Section 50-13-1187. No game fish, live bait or any other bait other than bait listed below shall be used with trotlines, set hooks and jugs: (1) soap (2) dough balls (3) cut fish (nongame fish cut into at least three equal parts) (4) shrimp (5) meat scraps (shall not include insects, worms or other invertebrates) (6) grapes.

Section 50-13-1188. It shall be unlawful to use or have in possession a minnow seine, as defined by item (h) of Section 50-13-1120, in the freshwaters of this State from ten p.m. to official sunrise.

Section 50-13-1189. It is unlawful for any person to have in his possession game fish or fishing tackle capable of catching game fish while fishing for nongame fish with nongame tackle authorized for use by this chapter. The provisions of this section do not apply to a person whose nongame tackle consists of bows and arrows or cast nets.

Section 50-13-1190. It shall be unlawful to use yoyos as defined in item (m) of Section 50-13-1120 in the freshwaters of this State.

Section 50-13-1191. It shall be unlawful for any person to check, fish or use in any manner the nongame fishing device or gear owned and tagged by another person or to take from any such device or gear any fish caught thereon.

Section 50-13-1192. On or before June 30, 1993: Bows and arrows, gigs, spears, tires, cast nets and minnow seines may be used in any of the freshwaters except in the lakes owned or managed by the department. Notwithstanding any other provision of this article, it shall be unlawful to use or possess any nongame fishing device or gear or the number not authorized by this section for a particular body of water. Nongame fishing devices, with the exception of the above, may not be used in any body of freshwater including tributaries of rivers or creeks unless listed and regulated as indicated below:

Ashepoo River: Set hooks Fifty maximum per license holder Eel pots No limit

Ashley River: Set hooks Fifty maximum per license holder Eel pots No limit

Black Creek: Darlington, Florence, Chesterfield Counties (includes Lakes Robinson and Prestwood) Trotlines One hundred fifty hooks maximum (three-line maximum per license holder) Gill nets Nongame nets in season Set hooks Fifty maximum per license holder

Black River: Gill nets Nongame nets in season Set Hooks Fifty maximum per license holder

Broad River: Includes the waters from the North Carolina State line to the confluence of the Broad and Saluda Rivers Traps Five per license holder Trotlines One hundred fifty maximum (three-line maximum per license holder) Set hooks Fifty maximum per license holder Seines From Highway 34 Bridge up-one per license holder

Bull Creek: Horry and Georgetown Counties Trotlines One hundred fifty hooks maximum (three-line maximum per license holder) Gill nets Nongame nets in season Eel pots No limit Traps Fifty maximum with commercial license

Buffalo Creek: Seines One per license holder

Bush River: (Laurens County) Seines One per license holder

Combahee River: Set hooks Maximum fifty per license holder Eel pots No limit

Congaree River: Includes the waters from the Gervais Street Bridge in Columbia to the confluence of the Congaree and Wateree Rivers Traps Fifty maximum with commercial license Trotlines Two thousand hooks maximum with commercial license Hoop nets Fifty maximum with commercial license

Cooper River: Traps Fifty maximum with commercial license (not allowed upstream from Wadboo Creek) Trotlines One hundred fifty hooks maximum (three-line maximum per license holder, no trotlines permitted upstream from Wadboo Creek) Fyke nets As allowed for eel fishing by regulation Set hooks Fifty maximum per license holder (no set hooks permitted upstream from Wadboo Creek) Eel pots No limit (not allowed upstream from Wadboo Creek) Pump nets No limit

Coosawhatchie and Tullifinny Rivers: Set hooks Maximum fifty per license holder

Mallard's Lake: Dorchester County waters Gill nets Nongame nets in season Set hooks Fifty maximum per license holder

Mims Lake: Dorchester County waters Gill nets Nongame nets in season Set hooks Fifty maximum per license holder

Shuler Lake: Dorchester County waters Gill nets Nongame nets in season Set hooks Fifty maximum per license holder

Woods Lake: Dorchester County waters Gill nets Nongame nets in season Set hooks Fifty maximum per license holder

Bridge Lake: Dorchester County waters Gill nets Nongame nets in season Set hooks Fifty maximum per license holder

Little Pond Lake: Dorchester County waters Gill nets Nongame nets in season Set hooks Fifty maximum per license holder

Steed's Lake: Dorchester County waters Gill nets Nongame nets in season Set hooks Fifty maximum per license holder

John's Hole Lake: Dorchester County waters Gill nets Nongame nets in season Set hooks Fifty maximum per license holder

Rock's Lake: Dorchester County waters Gill nets Nongame nets in season Set hooks Fifty maximum per license holder

Mouth of Four Holes Lake: Dorchester County waters Gill nets Nongame nets in season Set hooks Fifty maximum per license holder

Durbin Creek: Seines One per license holder

Edisto River: Set hooks Fifty maximum per license holder Eel pots No limit

Enoree River: Traps Two per license holder Trotlines One hundred fifty maximum (three-line maximum) per license holder Set hooks Fifty per license holder Seines One per license holder (from Southern Railroad in Greenville County down)

Great Pee Dee River: Includes the waters from I-95 to North Carolina state line Traps Maximum fifty allowed with commercial license Trotlines Maximum two thousand hooks with commercial license Gill nets Nongame nets allowed in season Set hooks Fifty maximum per license holder Hoop nets Maximum fifty with commercial license (north of S.C. 34 only).

Great Pee Dee River: Includes the water from I-95 to the saltwater-freshwater line Gill nets Nongame nets in season Trotlines One hundred fifty hooks maximum per license holder (three-line maximum) Set hooks Fifty maximum per license holder Eel pots Below Highway 701 bridge only, no limit Traps Maximum fifty allowed with commercial license

Jefferies Creek (Florence County): Gill nets Nongame nets in season Trotlines One hundred fifty hooks maximum per license holder (three-line maximum)

Lake Clark Hill and Stevens Creek: Traps Maximum five per license holder Trotlines One hundred fifty hooks maximum per license holder (three-line maximum) Jugs Maximum fifty per license holder

Lake Greenwood: Traps Maximum five per license holder Trotlines One hundred fifty hooks maximum per license holder (three-line maximum) Jugs Maximum fifty per license holder

Lake Hartwell: Traps Maximum five per license holder Trotlines One hundred fifty hooks maximum per license holder (three-line maximum)

Lake Jocassee: Nongame devices prohibited

Lake Keowee: Traps Maximum five per license holder Trotlines One hundred fifty hooks maximum per license holder (three-line maximum)

Lake Marion and Moultrie: The waters lying between the confluence of the Wateree and Congaree Rivers and the back waters of Lake Marion shall be considered a part of Lake Marion Traps Maximum fifty with commercial license Trotlines Maximum two thousand hooks with commercial license

Lake Murray: Traps Maximum five per license holder Trotlines One hundred fifty hooks maximum per license holder (three-line maximum)

Lake Richard B. Russell: Traps Maximum five per license holder Trotlines One hundred fifty hooks maximum per license holder (three-line maximum) Jugs Maximum fifty per license holder

Lake Secession: Traps Maximum two per license holder Trotlines One hundred fifty hooks maximum per license holder (three-line maximum) Jugs Maximum fifty per license holder

Lake Wateree: Traps Maximum five per license holder Trotlines One hundred fifty hooks maximum per license holder (three-line maximum)

Catawba River: Includes the waters from the Lake Wylie Dam to the backwaters of Lake Wateree, including all reservoirs Traps Maximum two per license holder Trotlines One hundred fifty hooks maximum per license holder (three-line maximum) Set hooks Fifty maximum per license holder Seines One per license holder (York County only)

Lake Wylie: Traps Maximum five per license holder Trotlines One hundred fifty hooks maximum per license holder (three-line maximum)

Little River: Seines One per license holder (from Mars Bridge in McCormick County up)

Little Pee Dee River: Trotlines One hundred fifty hooks maximum per license holder (three-line maximum) Gill nets Nongame nets allowed in season Set hooks Fifty maximum per license holder

Log Creek: (Edgefield County) Seines One per license holder

Long Cane Creek: (above Patterson Bridge) Seines One per license holder

Louder's Lake: Darlington County Gill nets Nongame nets in season Set hooks Fifty maximum per license holder

Lumber River: Trotlines One hundred fifty hooks maximum (three-line maximum) Gill nets Nongame nets in season Set hooks Fifty maximum per license holder

Lynches River: Trotlines One hundred fifty hooks maximum per license holder (three-line maximum) Gill nets Nongame nets allowed in season Set hooks Fifty maximum per license holder

Mulberry Creek: (Greenwood County) Seines One per license holder

New River: Set hooks Fifty maximum per license holder

Old River: Set hooks Fifty maximum per license holder Trotlines One hundred fifty hooks (three-line maximum per license holder)

Pacolet River: Traps Two per license holder Trotlines One hundred fifty hooks maximum (three-line maximum per license holder) Set hooks Fifty maximum per license holder Seines One per license holder

Rabon Creek: (Laurens County) Seines One per license holder

Redbank Creek: (Saluda County west of Highway 121) Seines One per license holder

Reedy River: Traps Two per license holder Trotlines One hundred fifty maximum (three-line maximum per license holder) Set hooks Fifty maximum per license holder Seines One per license holder (from Southern Railroad in Greenville County down)

Rocky River: (Anderson County) Seines One per license holder

Salkehatchie River: Set hooks Fifty maximum per license holder

Saluda River: Includes the waters from the Southern Railroad Trestle in Greenville County to the backwaters of Lake Greenwood and the waters from the Lake Greenwood Dam to the backwaters of Lake Murray Traps Two per license holder Trotlines One hundred fifty hooks maximum (three-line maximum per license holder) Set hooks Fifty maximum per license holder Seines One per license holder (in Anderson, Laurens, and Greenville Counties only, except in Anderson County seines may be used in the river tributaries)

Saluda River: Includes the waters from the Lake Murray Dam to the Gervais Street Bridge in Columbia Traps Two per license holder Trotlines One hundred fifty hooks maximum (three-line maximum per license holder)

Sampit River: Gill nets Nongame in season Traps Fifty maximum with commercial license Set hooks Fifty maximum per license holder

Santee River: Downstream from Wilson Dam on Lake Marion: note that the waters lying between the confluence of the Wateree and Congaree Rivers and Lake Marion are considered a part of Lake Marion Traps Fifty maximum with commercial license Trotlines One hundred fifty hooks maximum (three-line maximum per license holder) No nongame gear (except skimbow nets allowed upstream of U.S. Geological Survey Gauging Station No. 1715 which is approximately 2.4 miles below Santee Dam) Eel pots No limit

Savannah River: Below Stevens Creek Dam Traps Fifty maximum with commercial license Hoop nets Fifty maximum with commercial license Set hooks Fifty maximum per license holder Gill nets Nongame nets in season Trotlines Two thousand maximum hooks with commercial license Eel pots No limit

Stevens Creek: (above Clark's Hill Bridge) Seines One per license holder

Thickly Creek: (Cherokee County) Seines One per license holder

Turkey Creek: (Edgefield and Greenwood Counties) Seines One per license holder

Twelve Mile Creek: Traps Maximum two per license holder Trotlines One hundred fifty hooks maximum per license holder (three-line maximum) Set hooks Fifty maximum per license holder

Tyger River: Traps Maximum two per license holder Trotlines One hundred fifty hooks maximum (three-line maximum per license holder) Set hooks Fifty maximum per license holder Seines One per license holder

Waccamaw River: Trotlines One hundred fifty hooks maximum (three-line maximum per license holder) Gill nets Nongame nets in season Set hooks Fifty maximum per license holder Eel pots Below the junction of Big Bull Creek (no limit)

Warrior Creek: (Laurens County) Seines One per license holder

Wateree River: Traps Fifty maximum with commercial license Trotlines Two thousand hooks maximum with commercial license Set hooks Fifty maximum per license holder Hoop nets Fifty maximum with commercial license

Wilson Creek: (Greenwood County) Seines One per license holder (one mile above the back waters of Greenwood up)

From and after July 1, 1993: Bows and arrows, gigs, spears, tires, cast nets, and minnow seines may be used in freshwaters except in lakes owned or managed by the department.

Notwithstanding other provisions of this article, it is unlawful to use or possess a nongame fishing device or gear or the number not authorized by this section for a particular body of water. Nongame fishing devices, except as provided in this section, must not be used in freshwater including tributaries of rivers or creeks unless listed and regulated as indicated below: (1) Ashepoo River: (a) set hooks: fifty maximum for each license holder; (b) eel pots: no limit; (2) Ashley River: (a) set hooks: fifty maximum for each license holder; (b) eel pots: no limit; (3) Black Creek; Darlington, Florence, and Chesterfield counties including Lakes Robinson and Prestwood: (a) trotlines: fifty hooks maximum for each license holder; (b) gill nets: nongame nets in season; (c) set hooks: fifty maximum for each license holder; (4) Black River: (a) gill nets: nongame nets in season; (b) set hooks: fifty maximum for each license holder; (c) trotlines: fifty hooks maximum for each license holder; (5) Broad River, includes the waters from the North Carolina line to the confluence of the Broad and Saluda Rivers: (a) traps: five for each license holder; (b) trotlines: fifty maximum for each license holder; (c) set hooks: fifty maximum for each license holder; (d) seines from Highway 34 Bridge up: one for each license holder; (6) Bull Creek; Horry and Georgetown counties: (a) trotlines: fifty hooks maximum; (b) gill nets: nongame nets in season; (c) eel pots: no limit; (d) traps: fifty maximum with commercial license; (7) Buffalo Creek: seines: one for each license holder; (8) Bush River, Laurens County: seines: one for each license holder; (9) Combahee River: (a) set hooks: maximum fifty for each license holder; (b) eel pots: no limit; (10) Congaree River, includes the waters from the Gervais Street Bridge in Columbia to the confluence of the Congaree and Wateree Rivers: (a) traps: fifty maximum with commercial license; (b) trotlines: five hundred hooks maximum with commercial license; (c) hoop nets: fifty maximum with commercial license; (11) Cooper River: (a) traps: fifty maximum with commercial license and not allowed upstream from Wadboo Creek; (b) trotlines: fifty hooks maximum for each license holder. No trotlines permitted upstream from Wadboo Creek; (c) fyke nets: as allowed for eel fishing by regulation; (d) set hooks: fifty maximum for each license holder, and no set hooks permitted upstream from Wadboo Creek; (e) eel pots: no limit and not allowed upstream from Wadboo Creek; (f) pump nets: no limit; (12) Coosawhatchie and Tullifinny Rivers: set hooks: fifty maximum for each license holder; (13) Mallard's Lake, Dorchester County waters: (a) gill nets: nongame nets in season; (b) set hooks: fifty maximum for each license holder; (14) Mims Lake, Dorchester County waters: (a) gill nets: nongame nets in season; (b) set hooks: fifty maximum for each license holder; (15) Shuler Lake, Dorchester County waters: (a) gill nets: nongame nets in season; (b) set hooks: fifty maximum for each license holder; (16) Woods Lake, Dorchester County waters: (a) gill nets: nongame nets in season; (b) set hooks: fifty maximum for each license holder; (17) Bridge Lake, Dorchester County waters: (a) gill nets: nongame nets in season; (b) set hooks: fifty maximum for each license holder; (18) Little Pond Lake, Dorchester County waters; (a) gill nets: nongame nets in season; (b) set hooks: fifty maximum for each license holder; (19) Steed's Lake, Dorchester County waters: (a) gill nets: nongame nets in season; (b) set hooks: fifty maximum for each license holder; (20) John's Hole Lake, Dorchester County waters: (a) gill nets: nongame nets in season; (b) set hooks: fifty maximum for each license holder; (21) Rock's Lake, Dorchester County waters: (a) gill nets: nongame nets in season; (b) set hooks: fifty maximum for each license holder; (22) Mouth of Four Holes Lake, Dorchester County waters: (a) gill nets: nongame nets in season; (b) set hooks: fifty maximum for each license holder; (23) Durbin Creek: seines: one for each license holder; (24) Edisto River: (a) set hooks: fifty maximum for each license holder; (b) eel pots: no limit; (25) Enoree River: (a) traps: two for each license holder; (b) trotlines: fifty maximum for each license holder; (c) set hooks: fifty for each license holder; (d) seines: one for each license holder from Southern Railroad in Greenville County down; (26) Great Pee Dee River, includes the waters from I-95 to the North Carolina line; (a) traps: fifty maximum allowed with commercial license; (b) trotlines: five hundred maximum hooks with commercial license; (c) gill nets: nongame nets allowed in season; (d) set hooks: fifty maximum for each license holder; (e) hoop nets: fifty maximum with commercial license north of S.C. 34 only; (27) Great Pee Dee River, includes the water from I-95 to the saltwater-freshwater line: (a) gill nets: nongame nets in season; (b) trotlines: fifty hooks maximum for each license holder; (c) set hooks: fifty maximum for each license holder; (d) eel pots: below Highway 701 bridge only, no limit; (e) traps: fifty maximum allowed with commercial license; (28) Jefferies Creek, Florence County: (a) gill nets: nongame nets in season; (b) trotlines: fifty hooks maximum for each license holder; (29) Lake J. Strom Thurmond and Stevens Creek: (a) traps: five maximum for each license holder; (b) trotlines: fifty hooks maximum for each license holder; (c) jugs: fifty maximum for each license holder; (30) Lake Greenwood: (a) traps: five maximum for each license holder; (b) trotlines: fifty hooks maximum for each license holder; (c) jugs: fifty maximum for each license holder; (31) Lake Hartwell: (a) traps: five maximum for each license holder; (b) trotlines: fifty hooks maximum for each license holder; (32) Lake Jocassee: nongame devices prohibited; (33) Lake Keowee: (a) traps: five maximum for each license holder; (b) trotlines: fifty hooks maximum for each license holder; (34) Lakes Marion and Moultrie, the waters lying between the confluence of the Wateree and Congaree Rivers, and the backwaters of Lake Marion are considered a part of Lake Marion: (a) traps: fifty maximum with commercial license; (b) trotlines: one thousand hooks maximum with commercial license. Hooks must have a gap or clearance between point and shank no greater than seven-sixteenths inch; (35) Lake Murray: (a) traps: five maximum for each license holder; (b) trotlines: fifty hooks maximum for each license holder; (36) Lake Richard B. Russell: (a) traps: five maximum for each license holder; (b) trotlines: fifty hooks maximum for each license holder; (c) jugs: fifty maximum for each license holder; (37) Lake Secession: (a) traps: two maximum for each license holder; (b) trotlines: fifty hooks maximum for each license holder; (c) jugs: fifty maximum for each license holder; (38) Lake Wateree: (a) traps: five maximum for each license holder; (b) trotlines: fifty hooks maximum for each license holder; (39) Catawba River, includes the waters from the Lake Wylie Dam to the backwaters of Lake Wateree, including reservoirs: (a) traps: two maximum for each license holder; (b) trotlines: fifty hooks maximum for each license holder; (c) set hooks: fifty maximum for each license holder; (d) seines: one for each license holder, York County only; (40) Lake Wylie: (a) traps: five maximum for each license holder; (b) trotlines: fifty hooks maximum for each license holder; (41) Little River: seines: one for each license holder from Mars Bridge in McCormick County up; (42) Little Pee Dee River: (a) trotlines: fifty hooks maximum for each license holder; (b) gill nets: nongame nets allowed in season; (c) set hooks: fifty maximum for each license holder; (43) Log Creek, Edgefield County: seines: one for each license holder; (44) Long Cane Creek, above Patterson Bridge: seines: one for each license holder; (45) Louder's Lake, Darlington County: (a) gill nets: nongame nets in season; (b) set hooks: fifty maximum for each license holder; (46) Lumber River: (a) trotlines: fifty hooks maximum; (b) gill nets: nongame nets in season; (c) set hooks: fifty maximum for each license holder; (47) Lynches River: (a) trotlines: fifty hooks maximum for each license holder; (b) gill nets: nongame nets allowed in season; (c) set hooks: fifty maximum for each license holder; (48) Mulberry Creek, Greenwood County: seines: one for each license holder; (49) New River: set hooks: fifty maximum for each license holder; (50) Old River: (a) set hooks: fifty maximum for each license holder; (b) trotlines: fifty hooks maximum for each license holder; (51) Pacolet River: (a) traps: two for each license holder; (b) trotlines: fifty hooks maximum for each license holder; (c) set hooks: fifty maximum for each license holder; (d) seines: one for each license holder; (52) Rabon Creek, Laurens County: seines: one for each license holder; (53) Redbank Creek, Saluda County west of Highway 121: seines: one for each license holder; (54) Reedy River: (a) traps: two for each license holder; (b) trotlines: fifty maximum for each license holder; (c) set hooks: fifty maximum for each license holder; (d) seines: one for each license holder from Southern Railroad in Greenville County down; (55) Rocky River, Anderson County: seines: one for each license holder; (56) Salkehatchie River: set hooks: fifty maximum for each license holder; (57) Saluda River, includes the waters from the Southern Railroad Trestle in Greenville County to the backwaters of Lake Greenwood and the waters from the Lake Greenwood Dam to the backwaters of Lake Murray: (a) traps: two for each license holder; (b) trotlines: fifty hooks maximum for each license holder; (c) set hooks: fifty maximum for each license holder; (d) seines: one for each license holder, in Anderson, Laurens, and Greenville counties only, except in Anderson County seines may be used in the river tributaries; (58) Saluda River, includes the waters from the Lake Murray Dam to the Gervais Street Bridge in Columbia: (a) traps: two for each license holder; (b) trotlines: fifty hooks maximum for each license holder; (59) Sampit River: (a) gill nets: nongame nets in season; (b) traps: fifty maximum with commercial license; (c) set hooks: fifty maximum for each license holder; (60) Santee River, downstream from Wilson Dam on Lake Marion, and the waters lying between the confluence of the Wateree and Congaree Rivers and Lake Marion are considered a part of Lake Marion: (a) traps: fifty maximum with commercial license; (b) trotlines: fifty hooks maximum, for each license holder; (c) nongame gear: not allowed, except skimbow nets allowed upstream of U.S. Geological Survey Gauging Station No. 1715 which is approximately 2.4 miles below Santee Dam; (d) eel pots: no limit; (61) Savannah River below Stevens Creek Dam: (a) traps: fifty maximum with commercial license; (b) hoop nets: fifty maximum with commercial license; (c) set hooks: fifty maximum for each license holder; (d) gill nets: nongame nets in season; (e) trotlines: five hundred maximum hooks with commercial license; (f) eel pots: no limit; (62) Stevens Creek, above Clark's Hill Bridge: seines: one for each license holder; (63) Thickly Creek, Cherokee County: seines: one for each license holder; (64) Turkey Creek, Edgefield and Greenwood counties: seines: one for each license holder; (65) Twelve Mile Creek: (a) traps: two maximum for each license holder; (b) trotlines: fifty hooks maximum for each license holder; (c) set hooks: fifty maximum for each license holder; (66) Tyger River: (a) traps: two maximum for each license holder; (b) trotlines: fifty hooks maximum for each license holder; (c) set hooks: fifty maximum for each license holder; (d) seines: one for each license holder; (67) Waccamaw River: (a) trotlines: fifty hooks maximum for each license holder; (b) gill nets: nongame nets in season; (c) set hooks: fifty maximum for each license holder; (d) eel pots, below the junction of Big Bull Creek: no limit; (68) Warrior Creek, Laurens County: seines: one for each license holder; (69) Wateree River: (a) traps: fifty maximum with commercial license; (b) trotlines: five hundred hooks maximum with commercial license; (c) set hooks: fifty maximum for each license holder; (d) hoop nets: fifty maximum with commercial license; (70) Wilson Creek, Greenwood County: seines: one for each license holder one mile above the backwaters of Greenwood up.

Section 50-13-1193. All enforcement officers and any other employee of the department designated by the board may, at any and all reasonable hours, inspect the vehicles, boats, processing houses and wholesale businesses which are connected with nongame commercial fishing activity and the records of any person required to be licensed by this article to ensure compliance. Upon request of the department the buyers (fish houses) of nongame fish shall report quarterly the volume of sales.

Section 50-13-1194. The department may adopt and promulgate regulations for the management, control and enforcement of nongame fishing in the freshwaters of the State, not contrary to or inconsistent with the laws of the State.

Section 50-13-1195. On or before June 30, 1993: Any person violating any of the provisions of this article or any regulations adopted and promulgated under authority of this article is guilty of a misdemeanor and, upon conviction, be fined not less than fifty dollars nor more than two hundred dollars or imprisoned not more than thirty days.

From and after July 1, 1993: A person violating this article or regulations adopted and promulgated under its authority is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than two hundred dollars or imprisoned not more than thirty days. In addition to that penalty, the court may require the person to forfeit for one year tags and permits purchased pursuant to Section 50-13-1155 and may provide for his ineligibility for other tags and permits for that year.

Section 50-13-1196. (A) In addition to any specific penalty provided in this article, any fish or fishing device taken or found to be in possession of any person charged with a violation of this article shall be confiscated. The fish shall be sold in the same manner as prescribed in Section 50-11-3940 for the sale of perishable items. If the person charged is convicted, the money received from such sale shall be forwarded to the Department and placed to the account of the game protection fund of the State Treasury. After conviction the fishing devices shall be sold at public auction. The sale of the fish and fishing devices shall be conducted using the procedures prescribed in Section 50-11-2080. If such person is acquitted the devices shall be returned to him along with any money that may have come from the sale of the confiscated fish. (B) In addition to the specific penalties provided in this article and the penalties provided in subsection (A) of this section, the boat, motor and fishing gear of any person who is charged with unlawfully using or having in possession a gill net or hoop net on any freshwater lake or reservoir of the State shall be confiscated and sold at auction within the State after conviction using the procedure prescribed in Section 50-11-2080. The money received from such sale shall be forwarded to the Department and placed to the account of the game protection fund of the State Treasury. If such person is acquitted the boat, motor and fishing gear shall be returned to him. Upon conviction, the Department shall suspend such person's license or privilege to fish in this State for a period of one year from the date of conviction. (C) In addition to the specific penalties provided in this article or the general provisions of Sections 50-13-1610 and 50-13-1650, upon the conviction of any commercial freshwater fisherman of illegal possession of game fish or the sale or traffic in game fish, the Department shall suspend such person's license or privilege to fish in this State for a period of one year from the date of conviction.

Section 50-13-1197. Any person who shall take and carry away any nongame fishing device or any fish caught and being in such device with intent to steal the device or the fish, or any person who shall tamper with a nongame fishing device with intent to damage or to make it ineffective for the purpose of taking fish, is guilty of a misdemeanor and, upon conviction, (1) for tampering with a device be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days, and (2) for stealing a device or fish caught in the device be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than six months or both.

Section 50-13-1198. Herring fishing is prohibited within one hundred feet of the fish lift exit channel at St. Stevens Powerhouse except with hook and line from March first through April fifteenth.

Article 7

Permanent Obstructions in Waters; Fishways and Fish Sluices

Section 50-13-1210. No permanent obstruction of any kind or nature whatever, other than a dam for manufacturing purposes, shall be placed in any of the inland creeks, streams or waters of the State so as to obstruct the free migration of fish. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof before any court of competent jurisdiction, shall be fined in the sum of two hundred dollars or be imprisoned for a period of not less than three nor more than six months, or both, in the discretion of the court trying the case. Whenever any such permanent obstruction shall be found, any enforcement officer or any law enforcement officer may, in the name of the State, destroy or take down such obstruction or so much of it as is necessary to again permit the free migration of fish.

Section 50-13-1220. No navigable stream of this State shall be obstructed by a dam or otherwise unless there be provided a fishway in such dam or other obstruction. For violation of this section a person shall be fined not less than twenty-five dollars for each day that such obstruction shall exist without such fishway after such person shall have been notified in writing by any person that such obstruction exists.

Section 50-13-1230. All persons who have erected or may hereafter erect artificial dams across the inland creeks, rivers, streams or waterways of this State which prevent migratory fish from ascending the same, unless excused by the governing body of the county, shall construct proper fishways or ladders over the same, to be approved by the governing body of the county in which such dam is situated and should such persons refuse or fail so to do within thirty days after notice from the governing body of the county they shall be liable to a fine or penalty of five thousand dollars, recoverable by the county in which such dam has been or may be erected in a court of competent jurisdiction.

Section 50-13-1240. It shall be the duty of the governing body of the county to designate the fish sluices on the several rivers so as to leave one or more passages for fish up such rivers. Such sluices shall be sixty feet wide or, where there are two or more such sluices, they shall be, together, sixty feet wide. When they shall be so designated, it shall be lawful for any person to open such sluices. If any person shall obstruct any such sluice, when once opened, so as to prevent the free passage of fish up such sluice, and every part thereof, he shall be guilty of a public nuisance and, on conviction thereof in the court of general sessions, shall be fined one hundred dollars and shall stand committed until such fine be paid for a time not exceeding ten days, at the discretion of the court before which such conviction may take place. Whenever a fish sluice in any of such rivers shall have been designated as provided in this section, any stoppage of such sluice shall be regarded as a public nuisance and may be abated as such.

Section 50-13-1250. The governing bodies of the several counties shall designate and lay out the fish sluices but once a year and shall execute this duty on or before the first day of October whenever they shall determine to change them in any year.

Section 50-13-1260. Nothing herein contained shall be construed to give authority to the governing bodies of the several counties to designate any fish sluice through any dam erected by public authority for the improvement of the navigation of any of the rivers or to designate any fish sluice through any dam erected by individuals for the purpose of propelling any machinery when the owner of such dam shall leave open a part of the river sixty feet wide or, where the dam extends entirely across the river, shall construct therein a sufficient fish sluice sixty feet wide and shall keep the same open for and during the months of February, March and April in each year.

Article 9

Pollution and Poisoning of Waters; Use of Explosives

Section 50-13-1410. It shall be unlawful for any person to throw, run, drain or deposit any dyestuffs, coal tar, oil, sawdust, poison or other deleterious substance in any of the waters, either fresh or salt, which are frequented by game fish within the territorial jurisdiction of this State in quantities sufficient to injure, stupefy or kill any fish or shellfish or be destructive to their spawn which may inhabit such waters, and the master or captain in charge of any boat, ship or vessel shall be responsible for the discharge of any of such substances from his vessel. Any person convicted of violating this section shall be fined not less than three hundred dollars nor more than one thousand dollars or imprisoned not less than three months nor more than one year, or both fined and imprisoned in the discretion of the court. The department shall diligently enforce this section.

Section 50-13-1415. No person shall possess, sell, offer for sale, import, bring, or cause to be brought or imported into this State, or release or place into any waters of this State any of the following plants: (1) Water Hyacinth (2) Hydrilla Provided, however, that the department may issue special import permits to qualified persons for research purposes only. The department shall prescribe the methods, control, and restrictions which are to be adhered to by any person or his agent to whom a special permit under the provisions of this section is issued. The department is authorized to promulgate such regulations as may be necessary to effectuate the provisions of this section and the department, by regulation, is specifically authorized to prohibit additional species of plants from being imported, possessed, or sold in this State when, in the discretion of the department, such species of plants are potentially dangerous.

Section 50-13-1420. It is unlawful to poison the streams or waters of the State in any manner whatsoever for the purpose of taking fish or to introduce, produce or set up electrical currents or physical shocks, pressures or disturbances therein for the purpose of taking fish. The muddying of streams or ponds or the introduction of any substance which results in making the fish sick, so that they may be caught, is hereby declared to be `poisoning' in the sense of this section. No sawdust, acid or other injurious substance shall be discharged into any of the streams of the State where fish breed or abound. For a violation of this section the person so violating it shall be fined not less than twenty-five dollars nor more than three hundred dollars or be imprisoned for not less than one day nor more than thirty days.

Section 50-13-1430. Should any person cause to flow into or be cast into any of the creeks, streams or inland waters of this State any impurities that are poisonous to fish or destructive to their spawn, such person shall, upon conviction thereof, be punished with a fine of not less than five hundred dollars or imprisonment of not less than six months in the county jail.

Section 50-13-1440. It shall be unlawful for any person to use dynamite, gun powder, lime or any other explosive in or about any of the streams or waters in this State to take or secure fish, to cause or to procure the same to be done, to aid, assist or abet anyone in so doing or to have in his possession dynamite or any other explosive or explosive device in any paddling boat, sailboat, motorboat, raft or barge usually used for fresh-water fishing in any of the rivers, lakes, streams or waters within this State. Any person using explosives for the taking of fish or having in his possession explosives in a paddling boat, motorboat, sailboat, raft or barge commonly used for fresh-water fishing in any of the rivers, lakes, streams or waters within this State shall be guilty of a misdemeanor and, upon his conviction, shall be sentenced to serve a term at hard labor on the chain gang or in the Penitentiary or to pay a fine as follows, to wit: For the first offense a period of not more than three months or a fine of not more than five hundred dollars; for the second offense a period of one year or a fine of one thousand dollars; and for the third offense a period of two years or a fine of two thousand five hundred dollars.

Section 50-13-1450. If any person is found picking up fish within two hours after they have been killed, stunned or disabled by an explosive, it shall be deemed prima facie evidence that he used explosives to take fish from such waters.

Section 50-13-1460. Any person convicted of violating any of the provisions of Section 50-13-1440 shall be prohibited from hunting or fishing within the State for a period of five years, and both his hunting and fishing license, if either has been issued to him, shall be immediately revoked upon his conviction. Any person found fishing or hunting within the State who has been convicted of violating the provisions of Section 50-13-1440 within such five-year period shall be guilty of a misdemeanor and, upon conviction therefor, shall be fined or imprisoned, in the discretion of the court.

Section 50-13-1470. Any person who sees another violating the provisions of Section 50-13-1440 and who fails to report the same to an enforcement officer, sheriff or some other law enforcement officer within the county in which such violation occurred, within two weeks thereafter, shall be guilty of a misdemeanor and, upon conviction therefor, shall be fined or imprisoned, in the discretion of the court.

Section 50-13-1480. Any person who shall swear out a warrant, give information or testify as a witness against anyone for violating Section 50-13-1440 shall not be subject to a criminal prosecution for slander or malicious prosecution, neither shall he be subject to a civil action for damages in any court of competent jurisdiction for any alleged damages to the person so accused growing out of or in connection with such use of explosives.

Article 11

Sale and Traffic in Fish

Section 50-13-1610. It shall be unlawful, at any time, to sell, offer for sale, barter, traffic in or purchase any game fish so classified under the provisions of Section 50-1-30, except as to fresh-water trout as provided in Sections 50-13-1680 and 50-13-1740, regardless of where caught. Any person violating this section is guilty of a misdemeanor and, upon conviction, shall for the first offense be fined not less than one hundred dollars nor more than three hundred dollars. For the second offense within five years of the date of conviction for the first offense, he shall be fined not less than two hundred dollars nor more than five hundred dollars and be imprisoned for thirty days. For a third offense within five years of the date of conviction for the first offense, he shall be fined not less than five hundred dollars nor more than one thousand dollars and be imprisoned for not more than thirty days. Fourth and subsequent offenses within five years of the date of conviction for the first offense shall be punished as provided for a third offense.

Section 50-13-1620. Any person who violates any provision of Section 50-13-1610 as to fresh-water trout is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars or imprisonment for not less than fifteen days nor more than thirty days. Each such violation shall constitute a separate offense.

Section 50-13-1630. No person may possess, sell, offer for sale, import, bring or cause to be brought or imported into this State, or release into any waters of this State any of the following fish: (1) Carnero or Candiru Catfish (Vandellia cirrhosa); (2) Freshwater Electric Eel (Electrophorus electricus); (3) White Amur or Grass Carp (Ctenopharyngodon idella); (4) Walking Catfish, or any member of the Clariidae family (Clarias, Heteropneustea, Gymnallabes, Channallabes, or Heterobranchus genera); (5) Piranha (All members of Serrasalmus, Rooseveltiella, and Pygocentrus genera); (6) Stickleback; (7) Mexican Banded Tetra; (8) Sea Lamprey. The department may issue special import permits to qualified persons for research purposes only. The department may issue special permits for the stocking of nonreproducing white amur or grass carp hybrids in the waters of this State. It is unlawful to take grass carp from waters stocked as permitted by this section. Any grass carp caught must be returned to the water from which it was taken immediately. The department shall prescribe the methods, controls, and restrictions required of any person or his agent to whom a special permit is issued. The department may promulgate regulations necessary to effectuate the provisions of this section and specifically to prohibit additional species of fish from being imported, possessed, or sold in this State when the department determines the species of fish are potentially dangerous.

Section 50-13-1640. It shall be lawful for the owner of any private pond, in the presence of and under the supervision of a representative of the department, to draw such pond and dispose of the fish caught at such drawing, by sale or otherwise. But any fish sold must be sold and disposed of at the site of the pond in the presence of a representative of the department.

Section 50-13-1650. It shall be unlawful for any person to deliver, knowingly receive for transportation or knowingly transport, by any means whatsoever, beyond the limits of this State any game fish so classified under the provisions of Section 50-1-30 caught in this State, except that a nonresident of this State who is a bona fide holder of a nonresident fishing license or a citizen of this State duly licensed to fish herein may take or carry with him from the State not over fifty game fish during any one calendar week when such fish have been caught or taken in accordance with the laws of this State. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined one hundred dollars for each offense. Any person convicted of a second or subsequent violation of this section within three years of the date of conviction for the first offense shall be fined two hundred dollars and imprisoned for thirty days for each such offense.

Section 50-13-1660. It shall be lawful for any enforcement officer or other officer of the law to search, upon reasonable information, any package or container containing fish and to seize and hold such fish as evidence and declare such fish forfeited, upon conviction of the offender, and sell them to the highest bidder.

Section 50-13-1670. Nothing in Section 50-13-1650 shall be construed to prevent the shipment in interstate commerce of live fish and fish eggs for breeding or stocking purposes when such shipment shall originate outside of this State and terminate outside of this State.

Section 50-13-1680. Artificially reared and properly tagged, labeled, stamped or otherwise marked trout produced in a privately owned hatchery may be sold subject to the conditions provided in Sections 50-13-1690 to 50-13-1740 and subject to such additional rules and regulations as may be promulgated by the department.

Section 50-13-1690. Before any trout may be sold or shipped within the State, each fish must be tagged, labeled, marked or stamped, giving the following information: The hatchery in which such fish was produced, its location and address and the species of trout. This information must not be removed from the fish until the time of cooking.

Section 50-13-1700. All operators of retail markets or restaurants, cafes or other eating establishments must advertise conspicuously that the trout are imported and artificially reared, or if the trout are reared in a hatchery within the State, the advertisement must state the name and location of such hatchery. All menus must contain the fact that the trout are from privately owned hatcheries.

Section 50-13-1710. Operators of restaurants, cafes or other eating establishments and retail markets shall be responsible to the department for any violation of the provisions of Sections 50-13-1680 to 50-13-1730 on their premises. All such establishments shall be subject to inspection by agents of the department at any time and any trout not individually marked according to the provisions of Section 50-13-1690 and for which an invoice is not available shall be confiscated and the operator prosecuted.

Section 50-13-1720. When any trout are sold or shipped into this State, the shipper or seller shall furnish the department with a copy of the invoice showing the number and weight of the trout so shipped or sold and to whom such trout were shipped or sold.

Section 50-13-1730. The department may from time to time issue additional rules and regulations to further control the shipment and sale of trout in the State.

Section 50-13-1740. Any person who violates any provision provided for in Sections 50-13-1680 to 50-13-1730 is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars or imprisonment of not less than fifteen nor more than thirty days. Each violation of any such provision shall constitute a separate offense.

Section 50-13-1750. Notwithstanding the provisions of Section 50-13-1610, it shall be lawful for any person to sell, offer for sale, barter and transport game fish for strictly stocking or restocking purposes if such person first obtains from the department a game fish breeder's license, the cost of which shall be twenty-five dollars annually. Such license shall be valid for the fiscal year in which issued. Applications shall be made on forms furnished by the department. The department and its agents shall have the right to inspect the premises of the business of any person licensed hereunder. The department shall have authority to require persons licensed hereunder to keep such records as it deems necessary. No game fish more than four inches in overall length shall be sold, and all fish being transported by a licensee hereunder shall be clearly marked as to their source and species as well as any other identification which the department shall require. Game fish sold, ordered or transported by a licensee shall be used solely for stocking or restocking purposes. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined not less than one hundred dollars. In addition to any fine, any license issued under the provisions of this section shall be suspended and no new license shall be issued to such person for at least three years from the date of conviction.

Section 50-13-1760. (A) It is illegal to sell white perch (Marone Americana) caught in this State. Only those fish imported into the State from another state may be sold, and an invoice showing the origin and the number or poundage must accompany the transporting vehicle. The invoice must be retained at the market or place of retail sale. (B) Only fresh fish on ice with an invoice not over two weeks old may be sold lawfully. Frozen fish must not be sold. White perch may be sold only January first through May thirty-first. (C) If a shipment of fish or portion of a shipment is sold to another dealer within a state, a copy of the original invoice must accompany the fish during the transportation and at the market place. In addition a new bill of sale must accompany the fish showing them as a portion of the fish bought under the original sale from out-of-state with the original invoice number included. (D) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.

Article 13

Fish Hatcheries and Sanctuaries; Propagation

Section 50-13-1910. The State hereby assents to the provisions of the act of Congress entitled `An Act to Provide that the United States Shall Aid the States in Fish Restoration and Management Projects, and for Other Purposes,' approved August 9, 1950 (Public Law No. 681, 81st Congress), and the department shall perform such acts as may be necessary to the conduct and establishment of cooperative fish restoration projects, as defined in such act of Congress, in compliance with the act and rules and regulations promulgated by the Secretary of the Interior thereunder. The amounts necessary for the State to provide, in order to receive the benefits of such act, shall be paid from the fees collected by the Department from the sale of resident fishing licenses and a separate fund for this purpose shall be set up.

Section 50-13-1920. The department may acquire a sufficient number of acres of land in close proximity to any dam, artificial lake, impounded water, or stream for the purpose of establishing fish hatcheries or fish nurseries. The board may exercise the power of eminent domain if necessary to accomplish this purpose.

Section 50-13-1930. The department may lease or purchase a suitable number of acres of land in this State for the purpose of allowing the United States Fish and Wildlife Service to establish thereon fish hatcheries. The expense of leasing or buying such lands and the protection and distribution shall be paid out of the game protection fund.

Section 50-13-1935. The department shall charge fees to applicants for the stocking of fish in private ponds, lakes, or other nonnavigable waters sufficient to cover all costs of operating the Cheraw Fish Hatchery Private Pond Fish Stocking Programs.

Section 50-13-1936. In the event the federal government ceases to operate the Walhalla Fish Hatchery, the department may accept and maintain operations of the facility by charging a fee that is sufficient to cover the cost of operating the facility.

Section 50-13-1940. The distribution of fish raised in the hatchery on the lands donated in Greenville County by J. Harvey Cleveland shall be under the direction and supervision of the department.

Section 50-13-1950. The department shall, without any cost to the State whatsoever, designate and establish sanctuaries where fish may breed unmolested, in the manner and subject to the provisions in this article.

Section 50-13-1960. The department may select any place upon any river or stream within this State as a fish sanctuary. Upon making such selection the board, upon approval in writing of a majority of the members of the county legislative delegation from the county in which such proposed fish sanctuary is to be located, may designate and set apart such place as a fish sanctuary. No one sanctuary shall exceed two miles in length along any river or stream. When such sanctuary shall be so designated and set apart, the board shall have it adequately and conspicuously marked and shall designate the limits thereof in all directions.

Section 50-13-1970. Such sanctuaries may be set apart in any lake or pond upon condition that the landowner shall enter into an agreement with the department to set aside and turn over to the State for such purpose any such lake or pond.

Section 50-13-1980. When a fish sanctuary is established it continues as a fish sanctuary until it is directed to be closed by the owner of the land in the case of private property or in the case of public property by a majority of the legislative delegation of the county in which it is located and there may be no fishing or trespassing upon any waters established as a sanctuary. The department may post signs within the sanctuary to identify it as a sanctuary and may prosecute a person fishing or trespassing on the sanctuary.

Section 50-13-1990. Any person fishing or trespassing upon any property or waters so established as a sanctuary by the department is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding two hundred dollars or imprisonment not more than thirty days. In cases where magistrates have countywide territorial jurisdiction, the magistrate closest to the sanctuary where the offense occurred shall have jurisdiction of the case. In counties where magistrates are given separate and exclusive territorial jurisdiction the case shall be tried as provided in Section 22-3-530.

Section 50-13-2010. There is created a fish sanctuary in Marion County to be known as Shelley Lake. It is unlawful for any person to fish, seine, net, or otherwise enter upon Shelley Lake in Marion County, located one-half mile south of Red Bluff Landing on the west side of the Little Pee Dee River and surrounded by land owned by the Palmetto Hardwood Company. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars or imprisonment of not less than fifteen nor more than thirty days.

Section 50-13-2015. (A) A fish sanctuary is established in the St. Stephen Rediversion Canal between the Corps of Engineers' powerhouse and the Atlantic Coastline Railroad Bridge. It is unlawful for a person to fish in the sanctuary except as provided in this section. (B) From March first to May first each year, fishing for nongame fish is allowed from the Atlantic Coastline Bridge upstream to a point marked by signs or buoys, or both. This location must be marked by the department after consultation with and with the permission of the United States Army Corps of Engineers. Fishing is allowed from six p.m. to twelve midnight. The area otherwise is closed to all fishing and boating activities. (C) The catch limit is five hundred pounds of fish or one hundred dozen fish a boat a day. Game fish taken must be returned immediately to the water. All fish, except those used for live bait, must be packed in boxes with a one hundred pound capacity before crossing back under the railroad bridge. (D) No fishing devices may be used except cast nets, dip nets, or drop nets. The diameter of the dip or drop nets used may not exceed six feet. No nets may be operated by the use of mechanical devices such as winches, cranes, or pulleys. (E) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five nor more than one hundred dollars or imprisoned not less than fifteen nor more than thirty days.

Section 50-13-2020. The department has management control over the lakes and ponds which it owns or leases. It may establish the terms and conditions under which the public may use the lakes and ponds for fishing, boating, picnicking, and other related activities. Before taking effect, the conditions and terms must be approved by the board and a majority of the county legislative delegation of the county where the lake or pond is located and published in a newspaper of general circulation in the county. Any person violating the terms and conditions 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."

Definitions and obsolete language deleted; commission changed to department or board; names revised

SECTION 1264. Chapter 15, Title 50 of the 1976 Code is amended to read:

"CHAPTER 15

Nongame and Endangered Species Conservation Act

Section 50-15-10. This chapter may be cited as the `South Carolina Nongame and Endangered Species Conservation Act.'

Section 50-15-20. As used in this chapter: (1) `Ecosystem' means a system of living organisms and their environment, each influencing the existence of the other and both necessary for the maintenance of life. (2) `Endangered species' means any species or subspecies of wildlife whose prospects of survival or recruitment within the State are in jeopardy or are likely within the foreseeable future to become so due to any of the following factors: (a) the destruction, drastic modification, or severe curtailment of its habitat, or (b) its over-utilization for scientific, commercial or sporting purposes, or (c) the effect on it of disease, pollution, or predation, or (d) other natural or manmade factors affecting its prospects of survival or recruitment within the State, or (e) any combination of the foregoing factors. The term shall also be deemed to include any species or subspecies of fish or wildlife appearing on the United States' List of Endangered Native Fish and Wildlife as it appears on July 2, 1974 (Part 17 of Title 50, Code of Federal Regulations, Appendix D) as well as any species or subspecies of fish and wildlife appearing on the United States' List of Endangered Foreign Fish and Wildlife (Part 17 of Title 50 of the Code of Federal Regulations, Appendix A), as such list may be modified hereafter. (3) `Management' means the collection and application of biological information for the purposes of increasing the number of individuals within species and populations of wildlife up to the optimum carrying capacity of their habitat and maintaining such levels. The term includes the entire range of activities that constitute a modern scientific resource program including, but not limited to, research, census, law enforcement, habitat acquisition and improvement, and education. Also included within the term, when and where appropriate, is the periodic or total protection of species or populations as well as regulated taking. (4) `Nongame species' means any wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean, or other wild animal not otherwise legally classified by statute or regulation of this State as a game species. (5) `Optimum carrying capacity' means that point at which a given habitat can support healthy populations of wildlife species, having regard to the total ecosystem, without diminishing the ability of the habitat to continue that function. (6) `Person' means any individual, firm, corporation, association or partnership. (7) `Take' means to harass, hunt, capture, or kill or attempt to harass, hunt, capture, or kill wildlife. (8) `Wildlife' means any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean or other wild animal or any part, product, egg or offspring or the dead body or parts thereof.

Section 50-15-30. (a) The department shall conduct investigations on nongame wildlife in order to develop information relating to population, distribution, habitat, needs, limiting factors, and other biological and ecological data to determine management measures necessary for their continued ability to sustain themselves successfully. On the basis of such determinations the department shall issue proposed regulations and develop management programs designed to ensure the continued ability of nongame wildlife to perpetuate themselves successfully. Such proposed regulations shall set forth species or subspecies of nongame wildlife which the department deems in need of management pursuant to this section, giving their common and scientific names by species or subspecies. The department shall conduct ongoing investigations of nongame wildlife and may from time to time amend such regulations by adding or deleting therefrom species or subspecies of nongame wildlife. (b) The department shall by such regulations establish proposed limitations relating to taking, possession, transportation, exportation, processing, sale or offer for sale, or shipment as may be deemed necessary to manage such nongame wildlife. Such regulation shall become effective sixty days after being proposed during which period public comment shall be solicited and received. The board may hold a public hearing if deemed appropriate. On the basis of public comments received or the testimony at any such hearing the department may make such changes in the proposed regulation as are consistent with effective management of nongame wildlife. (c) Except as provided in regulations issued by the department, it shall be unlawful for any person to take, possess, transport, export, process, sell or offer for sale or ship nongame wildlife deemed by the department to be in need of management pursuant to this section. Subject to the same exception, it shall further be unlawful for any common or contract carrier knowingly to transport or receive for shipment nongame wildlife deemed by the department to be in need of management pursuant to this section.

Section 50-15-40. (a) On the basis of investigations on nongame wildlife provided for in Section 50-15-30 and other available scientific and commercial data, and after consultation with other State agencies, appropriate Federal agencies, and other interested persons and organizations, but not later than one year after July 2, 1974, the department shall by regulation propose a list of those species or subspecies of wildlife indigenous to the State which are determined to be endangered within this State, giving their common and scientific names by species and subspecies. Such regulation shall become effective sixty days after being proposed during which period public comment shall be solicited and received. The board may hold a public hearing if deemed appropriate. On the basis of public comments received or the testimony at any such hearing, the department may add to such proposed list additional species or subspecies which are determined to be endangered within the State or delete therefrom such species or subspecies which are determined not to be endangered within the State. (b) The board shall conduct a review of the state list of endangered species within not more than two years from its effective date and every two years thereafter and may amend the list by such additions or deletions as are deemed appropriate. The board shall submit to the Governor a summary report of the data used in support of all amendments to the state list during the preceding biennium. (c) Except as otherwise provided in this chapter, it shall be unlawful for any person to take, possess, transport, export, process, sell or offer for sale or ship, and for any common or contract carrier knowingly to transport or receive for shipment any species or subspecies of wildlife appearing on any of the following lists: (1) the list of wildlife indigenous to the State determined to be endangered within the State pursuant to subsection (a); (2) the United States' List of Endangered Native Fish and Wildlife as it appears on July 2, 1974 (Part 17 of Title 50, Code of Federal Regulations, Appendix D); and (3) the United States' List of Endangered Foreign Fish and Wildlife (Part 17 of Title 50, Code of Federal Regulations, Appendix A), as such list may be modified hereafter; provided, that any species or subspecies of wildlife appearing on any of the foregoing lists which enters the State from another state or from a point outside the territorial limits of the United States and which is transported across the State destined for a point beyond the State may be so entered and transported without restriction in accordance with the terms of any Federal permit or permit issued under the laws or regulations of another state. (d) In the event the United States' List of Endangered Native Fish and Wildlife is modified subsequent to July 2, 1974 by additions or deletions, such modifications whether or not involving species or subspecies indigenous to the State may be accepted as binding under subsection (c) if, after the type of scientific determination described in subsection (a), the department by regulation accepts such modification for the State. Any such regulation shall be effective upon promulgation.

Section 50-15-50. (a) The board shall establish such programs, including acquisition of land or aquatic habitat, as are deemed necessary for management of nongame and endangered wildlife. The board shall utilize all authority vested in the department to carry out the purposes of this section. (b) In carrying out programs authorized by this section, the department may enter into agreements with federal agencies, political subdivisions of the State, or with private persons for administration and management of any area established under this section or utilized for management of nongame or endangered wildlife. (c) The Governor shall encourage other state and federal agencies to utilize their authorities in furtherance of the purposes of this section. (d) The department may permit, under such terms and conditions as may be prescribed by regulation, the taking, possession, transportation, exportation or shipment of species or subspecies of wildlife which appear on the state list of endangered species, on the United States' List of Endangered Native Fish and Wildlife, as amended and accepted in accordance with Section 50-15-40(d), or on the United States' List of Endangered Foreign Fish and Wildlife, as such list may be modified hereafter, for scientific, zoological, or educational purposes, for propagation in captivity of such wildlife, or for other special purposes. (e) Upon good cause shown, and where necessary to alleviate damage to property or to protect human health, endangered species may be removed, captured or destroyed but only pursuant to permit issued by the department and, where possible, by or under the supervision of an agent of the department; provided, that endangered species may be removed, captured, or destroyed without permit by any person in emergency situations involving an immediate threat to human life. Provisions for removal, capture, or destruction of nongame wildlife for the purposes set forth above shall be set forth in regulations issued by the department pursuant to Section 50-15-30(a).

Section 50-15-60. The costs of programs established under this chapter must be borne by the general fund and must be included in the annual appropriations act except that the department shall issue permits, at a cost of thirty-five dollars each, for the sale of alligator products. The department shall collect the proceeds from the sale of permits and the proceeds from the sale of alligator products for the costs of administering the Alligator Control Management Program. These funds must be deposited to the credit of the Game Protection Fund of the State Treasury and administered according to the provisions of Section 50-1-150.

Section 50-15-70. The department shall promulgate such regulations as are necessary to carry out the purposes of this chapter.

Section 50-15-80. (a) Any person who violates the provisions of Section 50-15-30(c), or any regulations issued under Section 50-15-30 or whoever fails to procure or violates the terms of any permit issued thereunder is guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars or be imprisoned not more than six months, or both. (b) Any person who violates the provisions of Section 50-15-40(c), or any regulations issued pursuant thereto or whoever fails to procure or violates the terms of any permit issued under Section 50-15-50(d) and (e) is guilty of a misdemeanor and upon conviction shall be fined one thousand dollars or be imprisoned not more than one year, or both. (c) Any enforcement officer employed and authorized by the department or any police officer of the State or of any municipality or county within the State shall have authority to conduct searches as provided by law, and to execute a warrant to search for and seize any equipment, business records, merchandise or wildlife taken, used, or possessed in connection with a violation of any section of this chapter. Any such officer or agency may, without a warrant, arrest any person who such officer or agent has probable cause to believe is violating, in his presence or view, any such section, or any regulation or permit provided for by this chapter. An officer or agent who has made an arrest of a person in connection with any such violation may search such person or business records at the time of arrest and seize any wildlife, records, or property taken, or used, in connection with any such violation. (d) Equipment, merchandise, wildlife, or records seized under the provisions of subsection (c) shall be held by an officer or agent of the Department pending disposition of court proceedings, and thereafter be forfeited to the State for destruction or disposition as the board may deem appropriate; provided, that prior to forfeiture the board may direct the transfer of wildlife so seized to a qualified zoological, educational, or scientific institution for safekeeping, costs thereof to be assessable to the defendant. The department is authorized to promulgate regulations to implement this subsection. (e) Any person who violates regulations issued under Section 50-15-30 pertaining to the possession, storage, transportation, exportation, processing, sale, or offering for sale of any American alligator (Alligator mississippiensis) or any parts or products of an alligator or any common or contract carrier who knowingly violates, transports, or receives for shipment any American alligator parts or products must upon conviction be fined not less than one thousand dollars nor more than five thousand dollars or be imprisoned for not more than one year.

Section 50-15-90. None of the provisions of this chapter shall be construed to apply retroactively or to prohibit importation into the State of wildlife which may be lawfully imported into the United States or lawfully taken or removed from another state or to prohibit entry into the State or possession, transportation, exportation, processing, sale or offer for sale or shipment of any wildlife whose species or subspecies is deemed to be threatened with statewide extinction in this State but not in the state where originally taken if the person engaging therein demonstrates by substantial evidence that such wildlife was lawfully taken or removed from such state; provided, that this section shall not be construed to permit the possession, transportation, exportation, processing, sale or offer for sale or shipment within this State of wildlife on the United States' List of Endangered Native Fish and Wildlife, as amended and accepted in accordance with Section 50-15-40(d), except as permitted in the proviso to Section 50-15-40(c) and Section 50-15-50(d)."

Certain divisions and commissions changed to department or board; names revised

SECTION 1265. Chapter 17, Title 50 of the 1976 Code is amended to read:

"CHAPTER 17

Coastal Fisheries Laws

Article 1

General Provisions

Section 50-17-10. This chapter may be cited as the `Coastal Fisheries Laws'.

Section 50-17-15. As used in this chapter: (1) `Fish' means finfish, shellfish, crustaceans, turtles, and terrapin. (2) `Shellfish' means oysters, clams, mussels, escallops, and all immobile fish having shells. (3) `Crustacean' means crabs, shrimp, crayfish, stone crabs, and any other mobile fish having a shell. (4) `Bottoms' means all of the tidelands of the State covered by water when at the stage of ordinary high tide. (5) `Fishing' and `fisheries' mean all operations involved in taking or catching fish and in preparing them or transporting them to market. (6) `Commercial purposes' means being engaged in the commercial fisheries industry with the intent to derive a livelihood or a substantial portion of livelihood from the industry. (7) `State resident' has the same meaning as provided in Section 50-9-30. (8) `Mariculture' means the controlled cultivation in confinement of marine and estuarine organisms.

Section 50-17-20. The provisions of this chapter do not apply to fish or fishing in the freshwaters of this State except as provided in Article 8 of this chapter.

Section 50-17-30. The saltwater-freshwater dividing lines on the rivers listed below are as defined in this section and all waters of the rivers and their tributaries, streams, and estuaries lying seaward of the dividing lines are considered saltwaters, and all waters lying landward or upstream from all dividing lines are considered freshwaters for purposes of licensing and regulating commercial and recreational fishing. The department shall erect and maintain signs adequately identifying the dividing lines. (a) On the Savannah River the dividing line is the old track bed of the Seaboard Railroad located approximately 1.75 miles upstream from the U.S. Highway 17A bridge across the Savannah River. (b) On the Wright and Ashepoo Rivers the dividing line is the old Seaboard Railroad track bed. (c) On the New River the dividing line is at Cook's Landing. (d) On the Coosawhatchie, Tullifinny, Pocataligo, and Combahee Rivers the dividing line is U.S. Highway 17. (e) On the Edisto River the dividing line is the old Seaboard Railroad track bed near Matthews Cut Canal. (f) On the Ashley River the dividing line is the confluence of Popper Dam Creek directly across from Magnolia Gardens. (g) On the Cooper River the dividing line is the confluence of Goose Creek, but any provision of law pertaining to commercial crab fishing under Article 7 of this chapter shall apply in the waters of the Cooper River from Goose Creek inland to the point at which the old Back River Channel intersects the Cooper River below the Bushy Park Dam. (h) On the Awendaw Creek, the North and South Santee Rivers, the Sampit River, the Black River, the Pee Dee River, the Waccamaw River, and the Little River the dividing line is U.S. Highway 17. (i) On the Inland Waterway in Horry County the dividing line is the bridge across the Inland Waterway at Nixon's Cross Road where S.C. Highway 9 and U.S. Highway 17 intersect.

Section 50-17-35. (A) It is unlawful to catch fish on the Combahee River from U.S. Highway No. 17 seaward using traps, trotlines, or nets. (B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than one hundred dollars or be imprisoned for not more than thirty days.

Section 50-17-40. The waters and bottoms of the bays, rivers, creeks, and marshes within the State or within the territorial sea as shown on NOAA Charts 11535, 11531, 11521, and 11513, not heretofore conveyed by grant from the General Assembly or lawful compact with the State, continue and remain as a common for the people of the State for the taking of fish, subject to the provisions of this chapter and any future act that may be passed, except that this section is not intended to regulate fish or fishing in the freshwaters of this State.

Section 50-17-50. The department may prescribe and require permits of persons actually engaged in the taking of fish, shellfish, crustaceans, or other marine life in the saltwaters of this State for experimental commercial or scientific purposes not otherwise provided for by state law or departmental regulations. Permits issued for experimental commercial purposes may be for no more than two years and may not be renewed. Permits issued pursuant to this section may include provisions as to the areas, times, seasons, types of fishing equipment, species taken, catch reporting requirements, and other conditions as the department determines necessary. The department may issue special collecting permits without charge to qualified scientists, students, and other persons actually engaged in the study of marine biology. Marine life collected by persons issued special scientific permits under this section may not be used for personal consumption or for commercial purposes. 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. In addition, any person found guilty of a violation of any of the conditions or requirements of a permit issued under this section or convicted of a violation of applicable conservation laws or regulations, shall have the permit issued to him revoked or suspended for thirty days. Any boat, motor, or fishing equipment used by a person engaged in the taking of fish, shellfish, or other marine life without a permit as required by the department under this section or during the period which his permit has been suspended must be seized and, upon conviction, sold or redeemed as provided for in Section 50-17-650.

Section 50-17-60. It is unlawful for any person, without authority from the department, to erect any sign over or on any state shellfish bottom. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-17-100.

Section 50-17-65. Any person removing, injuring, defacing, or in any way disturbing the signs, buoys, or other appliances used by the department in marking restricted areas or bottoms or used by permittees of bottoms in marking the permitted areas or who injures or destroys any boat or property used by the department or any employee of the department is guilty of a misdemeanor and must be punished as provided in Section 50-17-100.

Section 50-17-70. Any boat or vessel engaged in fishing is required to heave to, allow boarding, and cooperate in every reasonable way with the enforcement officers of the department. The captain and crew members of any boat violating this section is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars or imprisoned for not more than thirty days.

Section 50-17-80. It is unlawful to fish from a boat within one hundred fifty feet of commercial fishing piers extending into the Atlantic Ocean. 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.

Section 50-17-85. (A) It is unlawful to take or catch fish or other marine life by means of a spear, gig, bangstick, or other similar device within one hundred yards of the south ocean jetty at the entrance to Murrells Inlet. For the purposes of this subsection, a bangstick is defined as any device containing a pistol, rifle, shotgun, shell, or other explosive charge, which is mounted on a spear, pole, or other contrivance which is detonated to stun or kill fish or other marine life. (B) Scuba diving, skin diving, and swimming within one hundred yards of the south ocean jetty at the entrance to Murrells Inlet is prohibited. (C) The penalty for violating the provisions of this section is as prescribed in Section 50-17-100.

Section 50-17-90. In making determinations authorized by this chapter pertaining to the opening and closing of fishing seasons, regulation of fishing areas, times, equipment, and effort, the department shall consider: (1) current condition and trends of the species or stocks involved; (2) environmental factors, including water quality and climatological data; (3) biological data, including abundance, size, and distribution of the species involved; (4) economic conditions, including market value; (5) potential impacts upon fishermen and other resource users; and (6) other factors pertinent to the management and wise utilization of fishery resources. Public notice of the opening or closing of any coastal waters or bottoms as authorized by this chapter must be given at least twenty-four hours prior to any action being taken. The department shall use all means feasible to inform interested parties, including direct mail to license holders involved, posting of notices in public places, local newspapers of general circulation, news releases, and personal and telephone communications.

Section 50-17-95. It is unlawful to knowingly have in one's possession or to land or sell in this State any species of fish taken by means of a bangstick or similar device. For the purposes of this section, a bangstick is defined as any device containing a pistol, rifle, shotgun shell, or other explosive charge, which is mounted on a spear, pole, or other contrivance which is detonated to stun or kill fish.

Section 50-17-100. Any person violating any of the provisions of this chapter, except for those sections providing penalties, upon conviction, must be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars or by imprisonment for not less than ten days nor more than thirty days for the first offense. For the second offense, the penalty is not less than fifty dollars nor more than two hundred dollars or by imprisonment for not less than twenty days nor more than thirty days. For the third offense, the penalty is a fine of not less than one hundred dollars nor more than five hundred dollars or imprisonment for not less than sixty days nor more than six months. In determining the applicable sentence to be imposed under the provisions of this section, one offense for each year that elapses subsequent to any offense for which he has been convicted must be eradicated and the offender must be sentenced accordingly.

Section 50-17-105. It is unlawful for a person or corporation to display a wild caught or captive-bred mammal of the order Cetacean (dolphins and whales). An attempt should be made by the department's South Carolina Marine Mammal Stranding Network to rehabilitate any living Cetacean that becomes beach stranded. Following rehabilitation the Cetacean must be released into native South Carolina waters within a reasonable time. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than six months.

Article 2

Licenses and Taxes

Section 50-17-110. An annual license for the year beginning July first is required of each person registered as captain or master of a trawling vessel under the provisions of Section 50-17-150. The fee for the license is twenty dollars.

Section 50-17-120. An annual license fee of twenty-five dollars and fifty cents is required of any person who harvests shellfish for commercial purposes from state bottoms not under permit for shellfish culture or mariculture as provided in Section 50-17-310. Fifty cents of this fee may be retained by the issuing agent and the balance must be remitted to the Marine Resources Division of the department. All funds derived from the sale of licenses under this section must be deposited in a special fund to support the public shellfish program of the Marine Resources Division of the department.

Section 50-17-130. The department may issue no more than a cumulative total of sixty licenses for the use of set or channel nets in any one year. Applicants who held set or channel net licenses for the previous fiscal year and who were not in violation of applicable conservation laws or regulations have preference for licenses. Set or channel net licenses must be applied for in person. Only one permit may be issued to any individual. No person may fish more than one set or channel net at any one time and any net left unattended must have affixed a floating marker with the name of the permit holder and permit number printed on the float. No person may use a set or channel net without a license, and he must have a valid set or channel net license in possession. The fee for each set or channel net license is two hundred fifty dollars a year. No set or channel net license may be issued to any person under the age of sixteen years. Any person violating the provisions of this section, upon conviction, must be punished as provided in Section 50-17-470.

Section 50-17-140. When hand seines are used for the catching of shrimp for bait or for family consumption, the hand seines, in order to be exempt from license taxes, must not exceed forty feet in length.

Section 50-17-150. All owners of shrimp, fish, and crab trawling boats who are residents of this State and who have such boats registered in this State, before operating the boats in the waters of this State, shall obtain a license for the boat and pay seventy-five dollars for each boat licensed. All owners of shrimp, fish, and crab trawling boats who are nonresidents of this State, before operating the boats in the waters of this State, shall secure a license for each boat, the fee for which license is three hundred dollars. The license must be in such form and obtained in such manner as the department may direct. Only one boat license is required to be taken out on a boat in any one year regardless of whether the boat is used in trawling for crabs, fish, shrimp, or a combination thereof. At the time of securing the licenses for any such boat the owner thereof must file with the department a sworn statement giving the name and address of the master or captain of the boat. The captain of a boat operating under this section is required to obtain the captain's license required under Section 50-17-110 and all fish trawling boats are required to have a permit for such activity from the department as required by the regulations of the department. The boat owner operating under this section is not required to obtain the powerboat license under Section 50-17-210. In addition to punishment provided for in Section 50-17-280, any boat trawling in the waters of this State, without first being licensed, or without first having a permit, must be confiscated by the department with its rigging and equipment and sold at public sale to the highest bidder, after giving ten days' notice of the sale in a newspaper published in that county. When the vessel is of greater value than ten thousand dollars the owner at any time before sale may redeem it by paying ten thousand dollars. If the vessel is of lesser value than ten thousand dollars, the owner at any time before sale may redeem it by paying its retail value as set by the department.

Section 50-17-155. Every boat licensed by the department to trawl for shrimp in this State, at the time of the issuance of the license, must be assigned by the department a number under which the boat must be registered and operated. The number assigned to the boat must be of a size and shape as may be furnished by the department and must be displayed as to be clearly visible from either side of the vessel.

Section 50-17-160. (A) Any boat or vessel engaged in trawling, dragging, or towing any net, dredge, or other device for the taking of whelks (conchs) in the legal trawling areas of this State must have a valid trawler's license as provided under Section 50-17-150. In addition, any such boat or vessel must have in possession a valid permit for that purpose issued by the department. The permit requirements specified do not apply to boats or vessels engaged in harvesting shrimp with shrimp nets having a mesh size of less than two inches, stretched, during the open shrimp trawling season. (B) Permits issued under this section may include specifications as to lawful fishing areas, minimum size requirements, mesh size of nets and other devices, fishing times or periods, species which may be retained for sale, and catch reporting requirements. The department may limit the number of permits issued if a limitation is determined to be necessary in the interest of sound fisheries management. (C) The provisions of this section do not apply to the use of dredges, escalator harvesters, or other equipment for taking oysters and hard clams in accordance with other provisions of law and departmental regulations. (D) The penalty for violations of the provisions of this section is the same as prescribed in Section 50-17-100. In addition, any permits issued, upon conviction of a permittee for a violation of this section, may be suspended or revoked by the department. Any boat or vessel found operating during the period for which its permit has been suspended or operating after its permit has been revoked must be seized and disposed of as provided under Section 50-17-650.

Section 50-17-165. (A) The taking or possessing of horseshoe crabs (Limulus polyphemus) from the waters and bottoms of the State is lawful only under a permit issued by the department as prescribed in this section. The lawful hours to trawl for horseshoe crabs are as provided in Section 50-17-640. (B) A person who catches, takes, or possesses a horseshoe crab or its parts other than for a scientific purpose as provided in Section 50-17-50 must have a valid permit issued by the department and must obtain the individual licenses required by this article. A boat or vessel used by a permittee engaged in trawling, dragging, towing, or fishing with a net, a dredge, a trap, or other commercial fishing device must be licensed as required under this article. However, the catching or capture of horseshoe crabs incidentally or inadvertently during legal fishing operations for other species of marine fish or invertebrates does not violate this section if the horseshoe crabs immediately are returned to the water unharmed. (C) (1) Permits issued under this section may include provisions as to: (a) lawful fishing areas; (b) minimum size requirements for horseshoe crabs; (c) mesh size and dimensions of nets and other harvesting devices; (d) bycatch requirements; (e) fishing times or periods; (f) catch reporting requirements; (g) other conditions the department determines. (2) In areas closed to trawling or other fishing activities the department may permit the taking of horseshoe crabs but shall limit fishing equipment and methods to trawls or devices specifically designed for taking horseshoe crabs. (D) Horseshoe crabs from which blood is collected for production of amebocyte lysate must be handled so as to minimize injury to the crab. Horseshoe crabs collected in South Carolina must be returned unharmed to state waters of comparable salinity and water quality as soon as possible after bleeding. (E) The penalties for a violation of this section, upon conviction, are as prescribed in Section 50-17-100. Upon the conviction of a permittee for a violation of this section or a requirement of a permit, his permit may be suspended or revoked by the department. If a person operates a boat or vessel pursuant to this section when his permit is suspended or revoked, the boat or vessel must be seized and disposed of as provided under Section 50-17-650.

Section 50-17-170. The application executed by an applicant for a shrimp or crab boat license must contain a statement under oath that he is a resident or nonresident.

Section 50-17-180. For purposes of this article: (1) Primary wholesale seafood dealer is a person who buys or receives fresh or frozen saltwater fishery products taken or landed in this State from fishermen or harvesters and sells, transfers, ships, or consigns the products to other wholesalers or retailers but does not sell exclusively to consumers. (2) A retail seafood dealer is a person who sells fresh or frozen saltwater fishery products directly to the consumer, not for resale. (3) Saltwater fishery products means molluscan shellfish, crustaceans, finfish, and any other marine, estuarine, or anadromous species. A qualified person who meets the license and other requirements of this article and other applicable statutes and regulations may operate as both a wholesale and retail seafood dealer. A person, before engaging in business or operating as a primary wholesale seafood dealer, shall obtain a license from the department upon payment of a fee of fifty dollars. Any fisherman who sells his catch to a person required to have a primary wholesale dealer license under this section shall obtain an annual land and sell license from the department, the fee for which is twenty-five dollars. The license is not required of persons licensed under Section 50-17-110 who sell their catch exclusively to a primary wholesale seafood dealer. Any person who takes saltwater fishery products and sells his catch shall sell the catch only to a licensed wholesale seafood dealer or must be a licensed wholesale seafood dealer himself. All saltwater fishery products to be used for commercial purposes caught or taken in state waters and landed in this State or landed by a fishing vessel of any type regardless of where taken must be delivered to a primary wholesale seafood dealer licensed under this section, either for direct sale or for handling, packing, processing, or shipping. It is unlawful for a person required to have a primary wholesale seafood dealer license to purchase or receive saltwater fishery products landed in this State from any fisherman not licensed under Section 50-17-110, or licensed under this section. The provisions of this section do not apply to properly licensed persons engaged only in the taking or sale of live bait. All primary wholesale seafood dealers licensed under this section shall have a permanent, nonmobile establishment or packing house with facilities for the proper handling, storage, and sanitation of seafood products. A separate primary wholesale dealer's license is required for each establishment or business owned or operated by a person. Roadside vendors, transient dealers, or peddlers operating from mobile vehicles, roadside stands, or other temporary locations who sell or offer for sale saltwater fishery products are retail dealers, who shall receive or purchase the products only from licensed primary wholesale dealers or other retailers, and shall comply with the retail license and tax requirements provided under Title 12, Chapter 35. Any person driving or operating a vehicle transporting a shipment or load of fresh or frozen saltwater fishery products and any person selling or offering for sale the products shall have in possession dated bills of lading, invoices, receipts, bills of sale, or similar documents showing the quantity of each species or type of seafood transported or sold and the name and address of the licensed wholesale seafood dealer or harvester from whom the products were purchased or received. The proof is not required of a commercial fisherman transporting his catch to a licensed primary wholesale seafood dealer, but he shall have in his possession all licenses, permits, and tags required by law for the harvest, transporting, and sale of saltwater fishery products. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days. In addition, any catch, load, or shipment of saltwater fishery products in possession or being transported by any person violating the provisions of this section may be seized and sold, with the proceeds held pending the final disposition of the case.

Section 50-17-190. It is unlawful for any person or any transportation agency or carrier to transport fresh saltwater fish or fisheries products without having with the shipment a shipping certificate as required by the department.

Section 50-17-200. Any person engaged in selling any marine fisheries product as bait first must obtain from the department a license, the annual fee for which is five dollars.

Section 50-17-210. Any powerboat or self-propelled barge or lighter used for commercial fishing or using or transporting commercial fishing equipment not provided for in Section 50-17-150 must obtain from the department an annual license for (1) boats or vessels, up to but not over eighteen feet in length, in the amount of twenty dollars; (2) boats or vessels, over eighteen feet in length, in the amount of twenty-five dollars. License plates issued under this section must be displayed in such a manner as to be visible from both sides of the boat. Any boat license required by this section must be issued in the name of the owner of the vessel who shall apply in person and specify the type and quantities of fishing gear to be used, the name of the captain or operator, and such other information as the department may require. In addition to the boat license, a license fee of ten dollars is required for each type of fishing equipment or gear specified on the license application. For gill nets, haul seines, trammel nets, and fish seines a ten-dollar license fee is required for each one hundred yards of net or fraction thereof. Each individual net is required to be licensed regardless of length. Commercial fishing equipment means any type of net, seine, trap, pot, tongs, dredge, trotline, rake, or other device used to take fish, except for hook and line, bait minnow traps, drop nets, dip nets, or equipment specifically exempt from the license requirements of this section by other provisions of law. Any person may set not more than two crab pots with his name attached to the float for his personal use without obtaining a license under this section.

Section 50-17-215. Any person using or transporting commercial fishing equipment in the waters of this State in an unpowered boat or using commercial fishing equipment without a boat is required to purchase from the department an annual license. The license fee for each type of commercial fishing equipment or gear is the same as that specified under Section 50-17-210.

Section 50-17-220. Persons using cast nets for noncommercial purposes except as provided in Section 50-17-660 or hand tongs for harvesting oysters are exempt from the license provisions of Sections 50-17-210 and 50-17-215.

Section 50-17-230. All nonresidents of this State, before gigging for fish in the saltwaters in Game Zone 11, first shall procure a nonresident gigging license, the fee for which is twenty-five dollars and twenty-five cents. Any person violating the provisions of this section, upon conviction, must be punished by a fine of not less than fifty dollars and not more than two hundred dollars or imprisoned for not more than thirty days for the first offense.

Section 50-17-235. All residents of this State or freeholders of the counties within the zone, before gigging for fish in the saltwaters in Game Zone 11, must procure a resident gigging license, the fee for which is one dollar and ten cents. Any person violating the provisions of this section, upon conviction, must be punished by a fine of not less than ten dollars nor more than two hundred dollars or imprisoned for not more than thirty days. The fine or imprisonment for each subsequent offense must be double that previously imposed against the violator.

Section 50-17-250. In the event that a nonresident's state charges South Carolina residents commercial license fees in excess of the amounts provided for like activities in this chapter, the nonresident must pay the same total license fees which his state charges South Carolina residents. The department may deny issuance of any license or permits for commercial fishing equipment or activities to residents of any coastal state which denies the same privileges to South Carolina residents. The department may limit the type of fishing equipment used, seasons, and areas where nonresidents may fish in accordance with comparable limitations placed upon South Carolina fishermen by the nonresident's state.

Section 50-17-260. The department upon issuing any license under this chapter shall furnish the licensee a copy of the regulations of the department relating to the Coastal Fisheries Laws and a copy of the Coastal Fisheries Laws.

Section 50-17-270. All revenues from taxes, licenses, rentals, or other sources derived from the fisheries or the operation and enforcement of the coastal fisheries laws must be transmitted to the department and the check must be made payable to the State Treasurer. Revenues from all fines and forfeitures resulting from violations of the coastal fisheries laws must be transmitted to the county treasurer of the county where the revenues were collected who shall then transmit them, less any amount to be paid to the South Carolina Law Enforcement Training Council under the provisions of Section 23-23-70, to the department, and the check must be made payable to the State Treasurer. The checks must be forwarded to the State Treasurer who shall credit these revenues to the general fund of the State. The remittances must be accompanied by a statement showing the name of all persons fined, the amount of each fine, the summons number, and the court in which each fine was collected. The department, as provided by Section 50-5-110, may promulgate regulations concerning the establishment in the coastal counties of arrangements with the county treasurers or other persons for the issuance of licenses and for establishing the commissions to be paid to them and for the issue of receipts of collections and remittances of money for fines similar to and upon the terms now existing.

Section 50-17-280. The department may require any person licensed or permitted under this chapter to keep records and provide information and reports necessary for the administration and enforcement of the provisions of this chapter and the management of coastal fishery resources. The department has concurrent authority within the United States to collect and require the submission of pertinent data specified for submission to the Secretary of Commerce of the United States, or his designee, pursuant to the Fishery Conservation and Management Act of 1976, as amended, 16 U.S.C. 1801 et seq. The department may collect and require the submission of additional pertinent data for fisheries covered by a fisheries management plan or for which a management plan is being considered which the department considers reasonable and necessary for management purposes. The information, data, and reports required pursuant to the provisions of this section must be provided on forms supplied to the licensee and by methods developed and supplied by the department. The records must be used only for the equitable and efficient administration and enforcement of applicable state law or departmental regulations or for determining fishery management policy. Any information which directly or indirectly discloses the identity of a licensee is exempted from the provisions of the South Carolina Freedom of Information Act. Such information is confidential and may not be disclosed except when required by order of a court of competent jurisdiction, but the department may release all or any part of information collected under authority of this section to the Secretary of Commerce of the United States, or his designee, for purposes of fisheries management. The department may compile statistical information in any nonconfidential aggregate or summary form which becomes a public record. Every person engaged in the harvesting, buying, packing, wholesaling, or processing of saltwater fishery resources for which South Carolina is the original port of landing shall keep accurate records, books, or accounts of the information required by the department and shall make the records, books, or accounts open to the department for inspection. The records, accounts, and reports which licensees are required to make, keep, exhibit, and provide may include data and information pertaining to the number, capacity, capability, and type of fishing vessels owned and operated, the type and quantity of fishing gear used, the catch of fish or other seafood by species in numbers, size, and weight, the areas in which the fishing occurred, the location of the catch, the length of time engaged in fishing, the number of hauls, drags, or sets, and the disposition of the fish and other seafood. Any person licensed or permitted under this chapter who fails to keep accurate records or make the reports required by the department or violates any other provision of this article 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. Each month of delay in transmitting the reports constitutes a separate offense, and after three convictions, the department shall revoke the license or permit under which the reports are required and deny the issuance of another license or permit for a period of twelve months following the date of the third conviction. Any person who fails to keep or knowingly falsifies any records required under this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 16-9-10.

Section 50-17-290. The department shall suspend immediately for the period of time stated in this section and have its designated enforcement officer take possession of a license issued under Section 50-17-110 upon conviction of a violation of a section in Article 6 of this chapter. For a first offense the suspension must be ten days, for a second offense thirty days, and for a third offense the license must be revoked.

Article 3

Shellfish

Section 50-17-310. (A) The department may grant permits to any state resident for the exclusive use of portions of the intertidal or subtidal bottoms owned or controlled by the State for shellfish culture or mariculture for commercial purposes, not exceeding an aggregate of five hundred acres to any firm or individual. For any shellfish culture purpose other than for commercial use, the department may issue permits for as many as two acres, but no more, to any state resident at the annual fee provided in Section 50-17-335. (B) Each permit issued under this section must be for five years and may be renewed at the option of the department for an additional five years at the yearly rate provided in Section 50-17-335.

Section 50-17-320. (A) If the State authorizes any activity or use requiring the permanent closure of shellfish grounds, the portion of a permitted area which falls within the closed area may be removed from the permit acreage agreement by the board. If a portion of the acreage is removed, the permit acreage agreement and annual fee must be adjusted on the annual renewal date as prescribed in Section 50-17-336. (B) If a state or federal permit is issued over the objections of the department, or for a project of overriding public need, and if the permitted project causes the closure of any shellfish grounds or renders any bottoms unsuitable for the purpose of shellfish propagation, the department may require the permittee to mitigate or compensate, or both, for the loss of the public shellfish resource. The compensation must be remitted to the department and placed in a special fund for shellfish management. Compensation and mitigation under authority of this section may not be considered as factors in justifying the issuance of any such permit and this section may not be interpreted as authorizing the closure of any shellfish grounds or authorizing the rendering of any bottoms unsuitable for shellfish propagation. If an unauthorized action results in a closure of shellfishing waters or renders them temporarily or permanently unsuitable for the purpose of shellfish propagation, the party responsible for the action may be required by the department to mitigate the loss of the resource and to compensate for damages which result from the loss of the shellfish resource. (C) The terms of the mitigation or compensation authorized by subsection (B) and the amount of the award of damages must be determined in the first instance by the board. Its determination constitutes a final decision for the purpose of Section 1-23-380, and the affected party may seek judicial review pursuant to the decision.

Section 50-17-330. Any person desiring to acquire permit rights to any bottoms, as provided in Section 50-17-310, shall apply upon forms prescribed by the department. The nonrefundable sum of twenty-five dollars must accompany the application for each permit. The application must include the location and boundaries of the area desired to be used. If the area is subject to a permit, the department shall determine the acreage of shellfish bottoms and acreage capable of producing shellfish and have a permit map or plat made in accordance with the department specifications showing the perimeter boundaries of the area and the bottoms to be used for shellfish culture in the area. No other permit for shellfish culture on the bottoms delineated within a plat or permit map may be made during the term of the permit. The department has the authority to issue permits for mariculture, as defined in Section 50-17-367, within the perimeter boundaries of an existing permit if it is determined by the department that the mariculture operation will not interfere with the harvesting and cultivation of shellfish by the permittee. If any additional area suitable for cultivation of shellfish is found within the perimeter boundaries of the permit area, prior to the renewal of the permit or at the time of application for a new permit, the original permittee has first opportunity to acquire permit rights to the area capable of producing shellfish. The annual permit fee must be based upon the number of acres capable of producing shellfish within the boundaries of the entire permit area.

Section 50-17-331. Upon approval of the application and plat by the department, the applicant shall publish in a newspaper in which legal advertisements by the sheriff are published in the county wherein the territory applied for is located, a notice to all persons of the application for permit rights to the bottoms for the culture of shellfish, giving the name of the applicant and a sufficient description of the bottoms applied for to enable them to be located. The advertisement must be published once a week for three weeks prior to the granting of a shellfish culture permit.

Section 50-17-332. If an application is made by a person who was the holder of the lease or permit on the bottoms for the term immediately preceding the term for which application is made, preference must be given to that applicant if he has complied with all of the cultivation and planting requirements of this article.

Section 50-17-335. Each permittee shall pay for a permit under Section 50-17-310 an annual fee of five dollars an acre for the acreage of bottoms delineated on the permit map or plat lying below the mean high-water mark capable of producing shellfish.

Section 50-17-336. The annual fee for shellfish permits must be prorated from the first of the month following the issuance of the permit to January first next. Thereafter, all annual fees must be payable yearly in advance. On January first, the department shall render a bill to each permittee showing the amount owed. If the annual fee is not paid by February first, the department shall add a late payment penalty of ten percent of the total originally due and send a final notice advising the permittee that if he fails to pay the fee and the late payment fee before March first, the department shall declare the permit revoked for noncompliance.

Section 50-17-340. Each permittee shall plant one hundred twenty-five U.S. bushels of shell, cultch, or seed oysters annually for each acre of bottoms which is producing or capable of producing shellfish included in his permit issued under Section 50-17-310. All shell must be planted between May first and August thirty-first, except that raw shuck houses may replant green shell from current operations if the shell is replanted within three days after gathering. All shell and seed planting is under supervision of the department, which may require up to five percent of the total quota of shell or seed oysters of any permittee to be planted on state shellfish bottoms not under permit but within a twenty-mile radius of the permittee's place of business. Shell or seed oysters planted by a permittee on those bottoms must be credited to the permittee's annual quota in the amount equal to two times that of the number of bushels actually planted. The department may provide incentives to permittees for improved or innovative management and cultivation techniques in the form of additional planting credits or planting variances. If a permittee does not plant the required quota of shell or seed oysters on the permit area, the permit must be revoked by the department or the acreage of shellfish reduced based upon the percentage of the quota planted. In the event a permittee believes that a permit area or portion of it does not require planting during a given year for reasons of sound management, he may apply in writing to the department for a variance in his annual quota. The department may then conduct an inspection of the permit area or portion of it to determine whether the requested variance may be granted and notify the permittee of its decision. The decision of the department in those matters is legally binding. For the purpose of shell planting, a U.S. bushel is the standard measurement. One cubic yard of shell for planting is considered as twenty-one and seven-tenths U.S. bushels. The provisions of this section do not apply to mariculture operations as defined in Section 50-17-367. The department is authorized to specify the terms and conditions on any permit issued for the purpose of shellfish mariculture.

Section 50-17-341. Persons granted permits for shellfish cultivation may gather shellfish for replanting from the bottoms of the State which may be designated by the department for that purpose. The permittee shall advise the department ten days before moving the seed.

Section 50-17-345. In addition to the requirements of this article, the department may specify other appropriate permit terms and conditions. One year after the date of the permit issued under Section 50-17-310 and each year thereafter during the life of the permit, if the permittee has not met the terms and conditions of the permit or the legal requirements of this article, the department after notice may revoke the permit. Prior to the reissuance of any permit in the area, consideration must be given to the designation of all or part of the area as state shellfish grounds for public use.

Section 50-17-346. No permit issued under Section 50-17-310 may be transferred without the approval of the department endorsed on it to be effective or to act as a release of the original permittee from the terms of the permit.

Section 50-17-350. Any person may gather for personal use not more than two U.S. bushels of oysters or one-half U.S. bushel of clams, or both, in any one day from state bottoms designated for public shellfishing. When bottoms are under permit by the State for shellfish cultivation as provided in Section 50-17-310, written permission for the gathering of shellfish must be obtained from the permit holder. This written permission must be on the person of the harvester when he is gathering shellfish from the area. Any person violating the provisions of this section, upon conviction, must be punished as provided in Section 50-17-100, and any shellfish in the possession of any person cited for a violation of this section may be seized and returned to the bottoms in the area harvested.

Section 50-17-355. Owners of riparian property may gather shellfish for personal use in the amounts specified in Section 50-17-350 from bottoms adjoining their property, if written permission for the purpose is obtained from the department.

Section 50-17-360. It is unlawful for any person to take or harvest shellfish for commercial purposes from state-owned bottoms without an individual harvesting permit issued by the department. A permit also is required for harvesting shellfish from any bottoms of the State by mechanically operated devices including dredges, hydraulic escalators, patent tongs, and mechanical oyster harvesters. The harvesting permits shall include provisions specifying the areas, times, types of equipment, species to be harvested, catch reporting requirements, and other conditions that the department determines necessary. The department may limit the number of harvesting permits in accordance with sound fishery management practices. Any person issued a permit under this section shall harvest shellfish, whether for commercial or personal use, only from the areas of state bottoms specified on the permit. The harvesting permits required by this section are in addition to the shellfish culture permits provided for under Section 50-17-310. It is unlawful for any person to harvest shellfish between one-half hour after official sunset and one-half hour before official sunrise. In the case of bottoms under permits issued in accordance with Section 50-17-310, harvesting of shellfish during the period specified is lawful with the written permission of the department. Any person violating the provisions of this section or failing to abide by the provisions of a permit issued under this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days. In addition, any person found guilty of a violation of any of the conditions or requirements of a permit issued under this section, or convicted of a violation of applicable conservation laws or regulations, shall have the permit issued to him suspended for the next thirty open season days following the date of conviction. Any boat, motor, and fishing equipment used by a person engaged in the taking of shellfish without a permit as required by this section, or during the period when his permit has been suspended, must be seized and, upon conviction, sold or redeemed as provided for in Section 50-17-650.

Section 50-17-365. It is unlawful for any person to remove, take, or harvest any shellfish, as defined in Section 50-5-10, from the coastal waters and bottoms of the State from May fifteenth to September fifteenth, inclusive. The board has the authority to open or close any area of state waters or bottoms for the removal, taking, or harvesting of shellfish for specified periods at any time during the year when biological and other conditions warrant the action. Nothing in this article may be construed to alter the authority of the Department of Health and Environmental Control to open and close shellfish grounds for public health reasons. Nothing in this section prevents the removal of shellfish for the purpose of replanting under permit granted by the department. Clams and oysters may be imported during the closed season in this State from other states where the taking and possession of the shellfish is lawful. Each shipment or load of imported shellfish must be properly marked and identified to verify compliance with the provisions of this section. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-17-100.

Section 50-17-366. It is unlawful to take, harvest, possess, sell, purchase, or import a hard clam of the genus Mercenaria of less than one inch in thickness, measured as the maximum depth of the intact clam from the exterior surface of one valve of the shell to the exterior surface of the opposite valve. A clam of less than the minimum legal size limit specified in this section must be returned alive immediately to the bottoms where found. It is lawful for a clam hatchery or mariculture operation to have in possession clams of less than the minimum size limit specified in this section and to purchase, sell, or transplant sublegal sized clams upon obtaining a special permit from the department.

Section 50-17-367. The department may grant permission to persons engaged in mariculture operations to harvest, have in possession, and sell shellfish at any time during the year.

Section 50-17-370. The department must maintain areas where bona fide residents of this State may gather, for personal use, not more than two U.S. bushels of oysters in a day. The areas must be designated upon the approval of a majority of the county legislative delegation. The open areas must be located preferably at or near public landings. The department shall clearly mark and identify the open areas so that the public may readily recognize them as open areas. The department is responsible for the maintenance of the signs. Any nonresident gathering oysters in or on such public grounds or resident harvesting for commercial purposes or gathering in excess of the statutory limit set forth above, upon conviction, must be punished as provided in Section 50-17-100.

Section 50-17-375. The standard measure for the harvesting, selling, and marketing of shellfish in South Carolina is the U.S. bushel, equal to 2150.42 cubic inches.

Section 50-17-380. It is unlawful for any wholesale shellfish dealer licensed under Section 50-17-180 to purchase shellfish from any person other than a properly licensed and permitted commercial fisherman or another properly licensed and approved seafood dealer. He must maintain a record of all shellfish purchases which shall include the name and address of the seller, the area where harvested, the type of shellfish purchased, the date of purchase, and the commercial shellfisherman's license number. The record must be available for inspection upon proper identification by any lawfully constituted law enforcement officer, enforcement officer, or authorized management personnel of the department. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than ninety days, or both.

Section 50-17-385. It is unlawful to commercially harvest shellfish in Game Zone 9 between Butler Inlet (Pawley's Inlet) and Midway Inlet in Georgetown County. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned not more than thirty days.

Section 50-17-390. The department has jurisdiction over all natural shell deposits, including those of oysters, clams, and other mollusks occurring upon or within state-owned bottoms. In addition, the department has jurisdiction over all shell deposits lying above the mean high-water mark if the deposits have been created by processes of natural accretion upon state-owned lands or bottoms. The Coastal division of the Department of Health and Environmental Control permit requirements for alteration of critical areas apply to the removal of all shell deposits within a critical area. The department may grant permits to any person to remove shell from natural deposits for use in shellfish cultivation and mariculture. The permits must be issued for a term not to exceed three years and shall specify conditions the department may require, including areas from which shell may be harvested, dates and schedules of harvesting, types of equipment which may be used, and reporting requirements. Prior to granting permission to remove, the department shall analyze the potential for increased erosion in the area of the shell which is removed. Permission may be granted only when no significant erosion potential is foreseen. If permission is granted and the removal does cause significant erosion in the area, the person granted permission shall restore the area to its original condition or as close to its original condition as possible under the circumstances. The department shall specify a fixed price for each unit of shell removed. Payments for shell removed must be made by the permit holder on or before the tenth day of each month for the preceding month. All monies derived from the sale of shell under this section must be deposited in a special fund to be used for the management and improvement of shellfish bottoms utilized solely for the purpose of recreational harvest by the public and the bottoms may not be permitted for commercial operations for not less than ten years. The department shall promulgate regulations necessary to carry out the provisions of this section. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-17-100. In addition, any permits issued for the removal of shell must be revoked by the department.

Article 4

Use of Nets, Seines, and Like Devices

Section 50-17-410. It is unlawful for any person in the Atlantic Ocean offshore of Game Zones 7 and 9 to use a purse seine closer than two hundred yards to any boat which is anchored or which is drifting when its occupants are engaged in fishing for sport. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not exceeding two thousand five hundred dollars or imprisoned for a term not to exceed one year, or both.

Section 50-17-420. It is unlawful for any person to catch fish in the saltwaters of this State with a seine or gill net having a mesh size of less than three inches. For shrimp, a seine having a mesh size of not less than one-half inch nylon twine (square mesh) or nine-sixteenths inch cotton cord (square mesh), and a length of no more than forty feet, may be used. Any fixed or stationary net used for taking shrimp including a channel or set net must have a width at the mouth measured across the float or head line of no more than eighty feet. No fixed or stationary net used for taking shrimp may be set within three hundred feet of a marked navigation channel.

Section 50-17-421. It is unlawful to use set or channel nets in Game Zones 6 and 11 except in such areas at times and in such seasons as it is lawful to trawl for shrimp in those zones. In Game Zones 7 and 9, it is unlawful to use set or channel nets except in those areas designated for that purpose by the department and during the seasons when it is lawful to trawl for shrimp in the areas specified in Section 50-17-615. No set or channel net may be used in any of the waters of this State after November fifteenth of any year. The department may extend the open season for set and channel nets by no more than thirty days in any year if the action is consistent with sound fisheries management. It is unlawful to transport a set or channel net aboard a boat during the closed periods.

Section 50-17-422. During the open season for taking American shad in state waters of the Atlantic Ocean, all gill nets having a stretch mesh size between four and one-half inches and ten inches stretched mesh must be drift fished and may not be staked, anchored, or otherwise set in a fixed position. For the purpose of this section, anchored includes the use of concrete blocks or any other weight which is not a part of the natural construction of the gill net. No gill net of the mesh sizes specified in this paragraph used in the waters of the Atlantic Ocean during the open season for shad may be left unattended and, if the licensed owner or operator is not located in the immediate vicinity, the net must be confiscated. A gill net of over one hundred yards in length used in the Atlantic Ocean from the shoreline seaward to the three mile territorial limit must be marked with buoys, red or international orange in color, not less than twenty inches in diameter which float above the water in a manner to be clearly visible at all times. One buoy must be attached to the float line of the net every one hundred yards and one of the buoys must be attached to each end of the net. At least one buoy attached to the net must have the name and license number of the owner clearly marked on it. Each net set in violation of this section constitutes a separate offense. The penalties for violation of this section are the same as those prescribed in Section 50-17-470. The possession of freshly caught shad by any fisherman during the closed seasons is unlawful.

Section 50-17-425. Notwithstanding the provisions of Section 50-17-420, it is lawful to catch fish in the saltwaters of the Atlantic Ocean in Game Zone 7 with a haul seine (beach seine) having a mesh of no less than two inches stretched (one inch square mesh).

Section 50-17-430. It is unlawful to place or set any net, screen, seine, or similar device in any tidal creek, stream, channel, slough, or other waterway in a manner that will extend across more than one-half of the width of the waterway at any stage of the tide.

Section 50-17-440. The use of trammel, pound, fyke, stop nets, and purse seines in the waters of this State from the saltwater-freshwater dividing line seaward is prohibited. The use of gill nets, except gill nets one hundred feet in length or less with a minimum mesh size of three inches stretched used in the Atlantic Ocean from the beaches seaward and only in those areas of the bays and sounds designated by the department for such purposes, is prohibited, except as permitted by Article 8 of this chapter. The user of a gill net must be within one hundred yards or hailing distance of the net at all times it is in use.

Section 50-17-450. It is unlawful to place or set any stationary or fixed nets, including a gill net, fyke net, pound net, or seine within two hundred yards of any net or device previously set. It is unlawful to place or set any channel net within two hundred feet of any other channel net.

Section 50-17-455. It is unlawful to set or place any gill net, seine, or other commercial fishing device within five hundred yards of a fishing pier or man-made jetty equipped with a fishing walkway in the waters of the Atlantic Ocean, except that the activities referred to in this section are not barred at any place within the corporate limits of a municipality whose northern and southern boundaries are located between two fishing piers which are not more than one thousand, one hundred fifty yards distance from each other. The provisions of this section only apply to a fishing pier open to the public or man-made jetty equipped with a fishing walkway open to the public.

Section 50-17-460. Every gill net unattended must be marked with buoys or signs having the name, address, and license number of the owner marked clearly on it. The provisions of this section apply to shad, sturgeon, and herring nets used in accordance with the provisions of Article 8 of this chapter. Any net found not so marked is liable to confiscation by the department and any person violating this requirement may be punished as provided in Section 50-17-470.

Section 50-17-465. It is unlawful to use any seine or gill net in any lagoon, impoundment, or lake within the boundaries of a state park, except that small hand seines and cast nets for the taking of shrimp are allowed.

Section 50-17-470. Any person violating the provisions of this article 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. Any nets or fishing devices used in violation of this article or any permit requirements set forth by the department must be seized and, upon conviction, or in the case of nets unclaimed and unidentified after sixty days, may be disposed of by the department. Any catch found in nets or fishing devices used in violation of this article must be seized and sold and the proceeds of the sale must be held pending final disposition of the case. In addition to the above, any person convicted of violating the provisions pertaining to set or channel nets under Section 50-17-130, 50-17-420, 50-17-421, or 50-17-450, or found in violation of departmental regulations shall have the set or channel net license issued to him revoked or suspended for the next thirty open season days. Any boat, motor, and equipment used to set, fish, or operate set, channel, or gill nets in violation of the provisions of Section 50-17-130, 50-17-421, or 50-17-422 or during the period for which the set or channel net license has been suspended or revoked must be seized and sold or redeemed as provided for under Section 50-17-650.

Article 5

Finfish and Crustaceans

Section 50-17-510. (A) It is unlawful to take, have in possession, land, or sell spiny lobster (Panilurus argus) in the State: (1) taken or harvested April first to July twenty-fifth each year; (2) 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). (B) It is unlawful to take, catch, have in possession, land, or sell king (Scomberomorus cavalla) or spanish mackerel (Scomberomorus maculatus) during times and seasons closed to fishing for these species in the U. S. Fishery Conservation Zone under federal regulations promulgated in accordance with the Fishery Conservation and Management Act (P. L. 94-265). This section applies only to king or spanish mackerel taken by the fishing gear or equipment specified in the same regulations. (C) It is unlawful to take, catch, have in possession, land, or sell fish of less than the minimum size limit, and in accordance with tolerance limits, established by federal regulations under authorization of the Fishery Conservation and Management Act (P. L. 94-265). (D) (1) It is unlawful to take, catch, have in possession, land, or sell a spotted sea trout (Cynoscion nebulosus), known locally as winter trout, or flounder (Paralichthys) of less than twelve inches in total length or a red drum (Sciaenops ocellatus), known locally as channel or spot-tail bass, of less than fourteen inches in total length. (2) It is unlawful for a person to take or have in possession more than one red drum exceeding thirty-two inches in total length in one day. (3) Spotted sea trout or red drum of less than the minimum size limits or exceeding the catch limit in this subsection must be released immediately in the waters where caught. (E) The species in this section must be landed with the head and tail fins intact. (F) The regulations promulgated by the federal government regarding catch or possession limits on bluefish, cobia, Spanish mackerel, king mackerel, amberjack, all species of snapper, grouper, and porgy, and billfish, (Istiophoridae), under the Fishery Conservation and Management Act (P. L. 94-265) are declared to be the law of this State and apply in state waters. The department may adopt by regulation other fishery regulations promulgated under Public Law 94-265 which apply to federal waters adjacent to this state's waters. When adopted, these regulations apply in state waters, and a violation of these regulations is punishable as provided in this section. (G) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.

Section 50-17-520. 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. It is unlawful to gig for spotted sea trout or red drum between December first and March first. It is unlawful for a person to have in possession a red drum or spotted sea trout while fishing or transporting a gill net, seine, or other commercial fishing equipment. A 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 department. A 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 shall 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 marked and identified properly. It is unlawful for a person to take or have in possession more than fifteen spotted sea trout or five red drum in any one day. It is unlawful for a person to have in possession more than twenty flounder (Paralichthys species) taken by means of gig, spear, hook and line, or similar device 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 department may promulgate emergency regulations for size and catch limits on red drum, spotted sea trout, and flounder in the event of natural or man-induced phenomena which threaten the future status of the resource. The penalties for convictions of violations of this section are as provided in Section 50-17-100 and each fish possessed, sold, offered for sale, purchased, or attempted to be purchased in violation of this section is a separate offense.

Section 50-17-530. It is unlawful to purchase, barter, trade, or sell species of billfish (Istiophoridae), including marlin, sailfish, and spearfish, in this State regardless of where taken or caught. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned not more than thirty days.

Section 50-17-540. Tarpon (Megalops atlanticus) are gamefish. It is unlawful to take or attempt to take this species in the waters of this State, except by rod and reel, using hook and line. No person may have a tarpon in possession while transporting or using commercial fishing equipment and a tarpon taken by that type equipment must be returned to the water immediately. It is unlawful to buy, sell, or offer for sale a tarpon in this State. It is unlawful for a person to take or have in possession more than one tarpon in any one day. The penalty for conviction of violation of this section is as provided in Section 50-17-100, and each fish in possession, sold, offered for sale, or purchased in violation of this section is a separate offense.

Article 6

Shrimp

Section 50-17-610. It is lawful to trawl for shrimp or prawn seaward from the boundary described in this section from May fifteenth to December thirty-first, both inclusive: Beginning at a point on the west bank of Wright River at its entrance to the sea extending northeastward across the mouth of the river to the southernmost tip of Turtle Island; thence following the shoreline of Turtle Island to a point on the northeasternmost tip of Turtle Island; thence turning and running east in a line tangent to the southernmost tip of Bloody Point; thence turning and running northeasterly along Daufuskie Island to a proposed marker (SC 1), latitude 32 degrees 07.1'N. and longitude 80 degrees 50.4'W.; thence running east across Caliboque Sound to a proposed marker (SC 2), latitude 32 degrees 07.1'N. and longitude 80 degrees 49.6'W.; thence northeasterly and continuing along the shoreline of Hilton Head Island around to its northernmost point and continuing therefrom to a marker designated on National Ocean Survey chart 11513 as G `5' and thence to marker R `4', thence running easterly through buoy No. R `2', thence continuing to red can No. `26'; thence to black day marker No. A-19 to the mouth of Station Creek; thence seaward around Bay Point Island to a proposed marker (SC 3) at latitude 32 degrees 16.9' N. and longitude 80 degrees 35.2' W.; thence running eastward across Trenchards Inlet to a proposed marker (SC 4) at latitude 32 degrees 16.9' N. and longitude 80 degrees 34.7' W.; thence turning seaward and following the shoreline, but excluding all creeks, to a point at the northernmost point of Fripp Island at Fripp Inlet; thence turning and running true north to the shoreline of Hunting Island; thence along the seaward edge of Hunting Island across the mouth of Johnson Creek to a point at the northernmost part upon the island; thence following the shoreline of Hunting Island to the Highway 21 Bridge crossing Harbor River; thence from the center of the swing span of the Highway 21 Bridge in a northeasterly direction to Marker A6; thence continuing to the flashing range light on the Combahee Bank; thence to a proposed marker (SC 5) on the west of Otter Island at latitude 32 degrees 29.1' N., and longitude 80 degrees 25.2' W.; thence seaward along the shoreline of Otter Island to a point at the mouth of Jefford and Fish Creek on the southern tip of Otter Island opposite Pine Island; thence turning and running in a southeasterly direction to the southernmost tip of Bay Point on Edisto Island; thence along the shoreline of Edisto Island, excluding all creeks, to a point on the western bank of the North Edisto River; thence due east across the North Edisto River to a point at the southwesternmost tip of Seabrook Island; thence seaward to the shoreline of Seabrook and Kiawah Islands, excluding all inlets, to Sandy Point; thence in a northerly direction to the southwesternmost tip of Folly Island; thence along Folly Island, across Lighthouse Inlet and along the seaward side of Morris Island to a point at Cummings Point where the jetty meets the beach; thence in an easterly direction following the submerged jetty to the point where the emergent portion of the south jetty begins; thence in a northeasterly direction across the Charleston Harbor entrance channel to a point where the emergent portion of the north jetty begins; thence in a northwesterly direction following the submerged portion of the north jetty to a point on Sullivans Island where the jetty intersects the beach; thence along Sullivans Island, the Isle of Palms, Dewees Island, Capers Island, and Bull Island; excluding all creeks, to a point at the northernmost tip of Bull Island; thence in a straight line northeasterly to the westernmost tip of Sandy Point; thence seaward along Raccoon Key to its easternmost tip; thence southeasterly to round the seaward side of Cape Romain and northward along the seaward shore of Cape Island to a point on the northernmost tip of such island; thence turning and running in a northwesterly direction to a point on the southeasternmost bank of Alligator Creek; thence turning and running in a northeasterly direction across Alligator Creek to a point on its northeastern bank; thence turning seaward and running along the shoreline of Murphy Island to a point on the western bank of the Santee River and across the mouth thereof to a point on the southwestern tip of Cedar Island; thence along Cedar Island across the mouth of the North Santee Bay to Santee Point; thence along the seaward shore of South Island to the northernmost point on the easternmost peninsula of the island; thence in a straight line to nun buoy `2' N.; thence turning and running in a northwesterly direction following the north jetty to the southernmost tip of North Island; thence northeasterly following the shoreline to the North Carolina-South Carolina boundaries, excluding all inlets.

Section 50-17-615. In addition to the area outlined in Section 50-17-610, from August fifteenth to December fifteenth, both inclusive, except in that area outlined in item (1) of this section wherein the period is from September first to November first, inclusive, it is lawful to trawl for shrimp or prawn: (1) In that area of Calibogue Sound beginning at a proposed marker (SC 1) at latitude 32 degrees 7.1'N. and longitude 80 degrees 50.4'W.; thence in a generally northerly direction along the shoreline of Daufuskie Island to a point opposite Haig Point Lighthouse; thence in a northerly direction across the mouth of the Cooper River and along the western shore of Calibogue Sound across the mouth of Bryans Creek to a point at the mouth of an unnamed creek on Barataria Island, located at latitude 32 degrees 11.1'N., and longitude 80 degrees 48.6'W.; thence turning and running due east to a point on Hilton Head Island located at latitude 32 degrees 11.1'N., and longitude 80 degrees 47.0'W.; thence turning and running in a southwesterly direction along the western shoreline of Bram Point and the extension thereof to a flashing light No. 31 and thence in a southwesterly direction along the shoreline of Buck Island and the extension thereof, excluding Broad Creek to a proposed marker (SC 2) located on Braddock's Point, latitude 32 degrees 7.1'N. and longitude 80 degrees 49.6'W. (2) In that area of Port Royal Sound beginning at flashing light No. 3; thence to day marker No. 5; thence continuing to flashing light No. 6; thence turning and running in a straight line in a northwesterly direction and around Foot Point to a point on Colleton Neck to a proposed marker (SC 6) located at latitude 32 degrees 19'N., longitude 80 degrees 47.7'W.; thence continuing in a northwesterly direction across the mouth of the Colleton River to the mouth of an unnamed creek on Spring Island at latitude 32 degrees 19.4'N., and longitude 80 degrees 48.2'W.; thence in a northerly direction following the shoreline of Spring Island to a point located at latitude 32 degrees 20.3'N., and longitude 80 degrees 48.1'W.; thence in a northeasterly direction across Chechessee River to the southernmost point of Rose Island; thence in an easterly direction to a point on Daws Island located at latitude 32 degrees 20.6'N., longitude 80 degrees 47.2'W., including the creek separating Rose Island and Daws Island; thence in a southeasterly direction along the shoreline of Daws Island, continuing around the southern tip of Daws Island, excluding all creeks; thence in a northwesterly direction along the shoreline of Broad River, excluding all creeks, to a point one-quarter (1/4) mile south of the Highway 170 Bridge; thence across the Broad River in a northeasterly direction to the Port Royal Island shoreline at a point one-quarter (1/4) mile south of the Highway 170 Bridge; thence in a southeasterly direction following the shoreline of Port Royal and Parris Islands, excluding all creeks, to the southernmost point of Parris Island; thence in a northerly direction up Beaufort River on the east side of Parris Island to a point at the south bank of the mouth of Ballast Creek; thence due east across Beaufort River to a point on St. Helena Island located at latitude 32 degrees 20.4'N., and longitude 80 degrees 38.9'W.; thence following the shoreline of St. Helena Island, excluding all creeks in a southerly direction to a point located at latitude 32 degrees 19'N., and longitude 80 degrees 38.7'W.; thence continuing westerly to a point one-quarter (1/4) mile off the eastern shoreline of Beaufort River; thence turning and running in a southerly direction along a line one-quarter (1/4) mile from the eastern shoreline of Beaufort River to a point one-quarter (1/4) mile west of the eastern shore of Beaufort River at Lands' End; thence turning and running easterly to a point on Lands' End located at latitude 32 degrees 17.3'N., and longitude 80 degrees 38.7'W.; thence turning and running in a southerly direction along the eastern shore of Beaufort River, excluding all creeks, to a point on the southern bank of the mouth of Station Creek at day marker A-19. (3) In that area of St. Helena Sound beginning at a point at the northernmost tip of Harbor Island, thence turning and running on the western shore of Harbor Island; thence to the Harbor Island Bridge across the Harbor River to a point on St. Helena Island; thence running in a generally northwesterly and westerly direction along the edge of St. Helena Island, excluding Coffin and Village Creeks, to a point of proposed marker (SC 9) located at latitude 32 degrees 27.1'N., and longitude 80 degrees 31.5'W.; thence running due north to a proposed marker (SC 10) on the south shore of Morgan Island at latitude 32 degrees 27.7'N., and longitude 80 degrees 31.5'W.; thence turning and running in a generally easterly and northwesterly direction along the seaward side of Morgan Island, excluding all creeks, to flashing marker No. 187; thence running northerly across the Sound to the mouth of a small unnamed creek located at latitude 32 degrees 30.8'N., and longitude 80 degrees 32.1'W.; thence easterly to the westernmost point of the Ashe Island marshes; thence following the shoreline of Ashe Island across the mouth of Rock Creek to proposed marker (SC 11) located on the end of Hutchinson Island at the mouth of Rock Creek at latitude 32 degrees 30.2'N., and longitude 80 degrees 25.9'W.; thence following the shoreline of Hutchinson Island in a southeasterly direction, excluding all creeks, to the southernmost point of the island; thence in a southeasterly direction across the mouth of the Ashepoo River through Buoy No. `2' to a point on Otter Island at latitude 32 degrees 29.4'N., and longitude 80 degrees 25.1'W.; thence following the shoreline of Otter Island in a southerly direction to marker (SC 5). (4) In all that area within Bull Bay lying seaward, commencing at the mouths of all creeks and rivers entering Bull Bay; (5) In all that area of North Santee Bay lying seaward of a line through the creek separating Cain Island and Crow Island and extending northeast to South Island to the mouth of Beach Creek; and (6) In that area in Winyah Bay lying seaward of a projected line running through red nun buoy No. 16 and green flashing buoy No. 15 and extending outwardly therefrom in a straight line to North Island and Cat Island.

Section 50-17-616. It is unlawful to trawl for shrimp in any areas specified under Sections 50-17-610, 50-17-615, and 50-17-630 during the closed season.

Section 50-17-617. In describing the areas set forth in Sections 50-17-610, 50-17-615, and 50-17-618, all references to latitude, longitude, markers, buoys, and topography refer to NOAA, National Ocean Survey Nautical Charts Nos. 11513, 11521, 11531, and 11535, and future revisions of these charts.

Section 50-17-618. Notwithstanding other provisions in this title, the following waters of this State as described below are closed to trawling at all times: (1) that area of Calibogue Sound delineated in Section 50-17-615(1) and bounded to the seaward by a line described in Section 50-17-610 as follows: beginning at Marker SC 1; latitude 32 degrees 07.1'N. and longitude 80 degrees 50.4'W.; running east across Calibogue Sound to Marker SC 2; and latitude 32 degrees 07.1'N. and longitude 80 degrees 49.6'W.; (2) that area of Port Royal Sound delineated in Section 50-17-615(2) and bounded to the seaward by a line described in Section 50-17-610 as follows: beginning at the northernmost point of Hilton Head Island and continuing to a flashing light designated on National Ocean Survey Chart 11513 as FL R 4 sec `6' and to FL 2.5 sec `3' at the northern tip of Hilton Head Island, running easterly through bell buoy No. R `2'; continuing to red-lighted gong buoy; and to black day marker No. A-19 at the mouth of Station Creek; (3) that area of St. Helena Sound delineated in Section 50-17-615(3) and bounded to the seaward by a line described in Section 50-17-610 as follows: beginning at the Highway 21 Bridge crossing Harbor River, from the center of the swing span of the Highway 21 Bridge in a northeasterly direction to Marker A6; continuing to the flashing range light on the Combahee Bank; to Marker SC 5 on the west of Otter Island at latitude 32 degrees 29.1'N. and longitude 80 degrees 25.2'W.; seaward along the shoreline of Otter Island to a point at the mouth of Jefford and Fish Creek on the southern tip of Otter Island opposite Pine Island; and turning and running in a southeasterly direction to the southernmost tip of Bay Point on Edisto Island; (4) that area within Bull Bay lying seaward, beginning at the mouths of all creeks and rivers entering Bull Bay.

Section 50-17-620. It is unlawful to trawl within one-half mile of any fishing pier extending into the Atlantic Ocean.

Section 50-17-630. For purposes of regulating the trawling seasons in the areas set forth in Sections 50-17-610 and 50-17-615, there are established the following fishing zones: (1) The northern zone, which shall extend from the North Carolina-South Carolina boundary at Little River, projecting such boundary line in a southeasterly (135 degrees true) direction to the territorial sea limit; thence in a southwesterly direction along the coast including all waters from the coastline to the territorial sea limit and all areas of Winyah Bay and North Santee Bay defined under Section 50-17-615 to a line beginning at a point on the southern end of Cedar Island at latitude 33 degrees 7.2'N. and longitude 79 degrees 16.3'W. and extending seaward in a southeasterly direction (135 degrees true) to the territorial sea limit. (2) The central zone, which extends from the southernmost boundary line of the northern zone in a southwesterly direction along the coast, including all waters from the coastline to the territorial sea limit and all areas of Bull Bay defined under Section 50-17-615 to a line beginning at a point at the southern tip of Edisto Island at latitude 32 degrees 28.6'N., longitude 80 degrees 20.2'W. and extending seaward in a southeasterly direction (135 degrees true) to the territorial sea limit. (3) The southern zone, which shall extend from the southernmost boundary line of the central zone in a southwesterly direction along the coast, including all waters from the coastline to the territorial sea limit and all areas of St. Helena Sound, Port Royal Sound, and Calibogue Sound defined under Section 50-17-615 to the South Carolina-Georgia boundary and the seaward extension of this boundary to the territorial sea limit as provided in Section 1-1-10. The trawling zones defined in this section include only the legal trawling areas defined under Sections 50-17-610 and 50-17-615. The department may either prohibit trawling or any other commercial fishing activity in any of the fishing zones or specified areas therein or open the fishing zones or specified areas therein, in or out of season, if it believes such action should be taken in the best interest of the State. This section may not be construed to modify the provisions of Section 50-17-620, 50-17-1010, or 50-17-1020.

Section 50-17-640. It is lawful to trawl for shrimp in the waters of this State only during the following period: Opening day through September fifteenth. . . . . 5:00 a.m. - 9:00 p.m.

September sixteenth through closing date. . . . .6:00 a.m. - 7:00 p.m.

Section 50-17-645. It is unlawful to trawl for shrimp in any area except in the areas and for the purpose and at times as provided by law.

Section 50-17-650. The captain of any boat found trawling for shrimp at any time in violation of Section 50-17-616, 50-17-640, or 50-17-645 is guilty of a misdemeanor and, upon conviction, for a first and subsequent offense must be fined two hundred dollars or imprisoned for thirty days and his license must be suspended for one year from the date of conviction. Any license issued to him during the suspension is invalid. Any person whose captain's license has been suspended who is found operating any boat trawling for shrimp during the period for which his license has been suspended is guilty of a misdemeanor and, uponconviction, must be fined one thousand dollars or imprisoned for ninety days. The license of any boat found operating in violation of the provisions of Section 50-17-616, 50-17-640, or 50-17-645 for a first offense must be suspended for the next thirty open season days after the conviction of a captain for violation of any of these sections; for a second offense, within one year from the date of conviction for violation of any of these sections for a first offense, the boat license must be suspended for the next one year; and for a third offense within one year from the date of conviction for violation of any of these sections for a first offense, the boat license must be suspended for two years from date of conviction. Any license issued for a boat during the license suspension is invalid. The violation of Sections 50-17-640 and 50-17-645 at the same time or the violation of Sections 50-17-616 and 50-17-640 at the same time is considered as a first and second offense if no violations of these sections have occurred within one year prior to the date of the violations. Any shrimp catch aboard any boat found violating the provisions of such sections must be seized and sold and the proceeds of the sale must be held by the department pending disposition of a case at court. In addition to any other penalty, the use of a boat for shrimp trawling in any area which is never open to shrimp trawling or during the period for which its license has been suspended for a first offense is a misdemeanor, and the boat, including its rigging, equipment, and catch, must be seized and, upon conviction, the license of the boat and captain must be suspended for forty-five days. The catch must be sold and the proceeds of the sale must be held along with the other property pending final disposition of the case. Upon conviction, the boat, equipment, and rigging held must be sold at public sale to the highest bidder after giving ten days' notice of the sale in a newspaper published in the county. A second offense occurring within one year of the first offense shall result in seizure of the boat, including its rigging, equipment, and catch, and, upon conviction, the suspension of the license of the boat and the captain for ninety days and a fine of two hundred dollars must be levied upon the captain. A third or subsequent offense occurring within one year of the immediate prior offense shall result in seizure of the boat, including its rigging, equipment, and catch, and, upon conviction, the suspension of the license of the boat and the captain for one full year and a fine of two hundred dollars must be levied upon the captain. In addition to any other penalty, a vessel unlawfully trawling in the area defined by Section 50-17-615 (the sounds and bays when closed) must be seized along with its equipment, rigging, and catch. The catch must be sold and the proceeds held along with the other property pending the final disposition of the case. Upon conviction of the captain or operator for unlawfully trawling in a closed area the vessel, equipment, and rigging must be sold at public auction to the highest bidder after giving ten days' public notice in a newspaper of local circulation. In the event of seizure, if the boat, equipment, and rigging is worth more than twenty-four thousand dollars, the owner may redeem it before the public sale by paying five thousand dollars and, if the property is of equal or less value than twenty-four thousand dollars, the owner may redeem it before the public sale by paying two thousand dollars. The department shall determine the value of all seized property for the purposes of this section.

Section 50-17-660. (A) It is unlawful to catch or take shrimp by any means for commercial purposes outside the areas as specified in Sections 50-17-610, 50-17-615, 50-17-630, and 50-17-640 or outside the legal channel net zones as established by the department, other than for sale as live bait, or in or near any waters or bottoms which have been baited by placing, depositing, or scattering any material to attract or lure shrimp toward the bait or to cause shrimp to congregate in the area where the bait is placed. Furthermore, it is unlawful to take or to attempt to take shrimp by the use of a shrimp trap or shrimp pot.


(B) The department shall establish annually a sixty-day open season between September first and November fifteenth for taking shrimp over baited areas. The sixty days may but are not required to be consecutive. It is unlawful for anyone to take, or attempt to take, shrimp over bait during the closed season for taking shrimp over bait. The provisions of this subsection do not apply to anyone taking or attempting to take shrimp over bait by the use of a drop net from a pier, dock, or other structure permanently affixed to the high land. (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 an enforcement officer. (D) It is unlawful for any person to borrow, loan, or exchange a baiting permit or tags with another person. In addition to the penalties set forth in this section, he shall forfeit any right to any baiting permit and tags issued to him and is prohibited from procuring another baiting permit and tags for the season for which the baiting permit and tags so borrowed, exchanged, or loaned were issued. (E) The fee for a resident shrimp baiting permit and associated tags is twenty-five dollars. The fee for the issuance of the nonresident shrimp baiting permit and associated tags is five hundred dollars. The department may issue duplicate baiting permits or tags upon affidavit from the permittee that he has lost his baiting permit or tags. The duplicate permit or tags must be labeled `Duplicate'. The fee for the issuance of a duplicate shrimp baiting permit is twenty-five dollars for residents and one hundred dollars for nonresidents. The fee for the issuance of each duplicate tag is one dollar for residents and four dollars for nonresidents. All monies derived from the issuance of all permits and tags authorized in this section are retained by the department for the purposes of administration and enforcement of this section and Section 50-17-665. (F) It is unlawful for any person to catch or take shrimp over a baited area unless: (1) each bait deposit is marked by a pole not to exceed one inch in diameter which is driven into the ground and with the department-issued tag securely attached to it; (2) each pole is plainly marked with white reflective tape; (3) here is a ten-pole limit a boat a day, additional boats in tow may not be used to increase the number of authorized poles; (4) there is a ten-pole limit for each person who is shrimping over a baited area if no boat is being used; (5) if more than one pole is being used, the distance between the first and the last pole may not exceed one hundred yards; (6) the minimum distance between each set of poles may not be less than twenty-five yards; (7) no pole or set of poles may be left unattended, and if the permittee is not located in the immediate vicinity, the poles must be confiscated by the department; (8) the permittee is allowed to shrimp over only those poles bearing his corresponding permit number. It is unlawful during the closed season for taking shrimp over bait to have aboard any boat any poles or material that can be used to attract, lure, or cause shrimp to congregate. It is unlawful to set poles within fifty yards of a dock or public landing or boat ramp. (G) The provisions of subsection (F) do not apply to anyone taking or attempting to take shrimp by the use of a drop net over bait from a pier, dock, or other structure permanently affixed to the high land. (H) Any person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days, and the shrimp baiting permit, associated tags, and the fisherman's land and sell license must be suspended for two years. The boat, motor, trailer, rigging, coolers, nets, fishing devices, and catch must be seized and forfeited as provided in Section 50-17-650. (I) Any person who violates the provisions of subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days and the boat, motor, trailer, rigging, coolers, fishing devices, and catch must be seized and forfeited as provided in Section 50-17-650. In addition, his privilege to catch shrimp over bait will be suspended for a period of two years from the date of conviction. (J) Any person who violates the provisions of subsection (C) or (D) is guilty of a misdemeanor, and upon conviction for a first offense, must be fined two hundred dollars or imprisoned for not more than thirty days, and the catch must be seized and forfeited as provided in Section 50-17-650. Any person who violates these subsections for a second or subsequent offense is guilty of a misdemeanor and must be fined two hundred dollars or imprisoned for not more than thirty days and the boat, motor, trailer, rigging, coolers, fishing devices, and catch must be seized and forfeited as provided in Section 50-17-650. (K) Any person who violates the provisions of subsection (F) is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars, and the catch must be seized and forfeited as provided in Section 50-17-650. (L) Each quart of shrimp taken in violation of the provisions of this section may constitute a separate offense. (M) No part of the fines provided in this section may be suspended.

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 any 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 on the waters or the lands immediately adjacent to the waters. The possession limit is ninety-six quarts of whole shrimp or fifty-eight quarts of headed shrimp. This subsection does not apply to any commercial fisherman transporting his catch to a licensed seafood dealer, or to any licensed dealer distributing his product. (C) Any person who violates the provisions of this section: (1) by taking more than forty-eight quarts of whole shrimp or more than twenty-nine quarts of headed shrimp or for exceeding the lawful possession limit while not on the waters or the lands immediately adjacent is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for 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 of possession of any number of quarts of shrimp over the lawful daily catch limit or possession limit is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days. In addition, the boat, motor, trailer, rigging, coolers, fishing devices, 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. No part of the fines provided in this section may be suspended.

Section 50-17-670. Every boat licensed by the department to trawl for shrimp in this State, at the time of the issuance of the license, must be assigned by the department a number under which the boat must be registered and operated. The number so assigned to any such boat must be of distinctive numerals of such size and shape as may be furnished by the department and must be so displayed as to be clearly visible from either side of the vessel.

Section 50-17-675. Any boat operating during the closed season in areas permitted for shrimp trawling under Sections 50-17-610 and 50-17-615, or during times declared to be unlawful for shrimp trawling under Section 50-17-640, or operating in areas not permitted by law at any time, which does not have its nets, trawl, or other device, contrivance or appliance for scooping or otherwise taking shrimp, completely up and wholly within the boat is illegally trawling for shrimp under Section 50-17-616, 50-17-640, or 50-17-645. The trawl doors or otter boards may be hanging from the boom or outriggers if the net, trawl, or other device is on board the vessel. The provisions of this section do not affect any of the provisions of Section 50-17-740.

Section 50-17-681. It is unlawful for any fisherman to dump refuse from any type net at any time in the Atlantic Ocean from the southern tip of Pawley's Island in Georgetown County to the North Carolina state line within one mile from shore of any county in Game Zones 7 and 9. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than five thousand dollars nor less than one thousand dollars or by imprisonment for not exceeding six months nor less than thirty days.

Section 50-17-685. A turtle excluder device must be used in trawl nets in state waters under the same conditions required by federal regulations. The department must follow the federal enforcement guidelines when enforcing any state turtle excluder device regulations.

Article 7

Crabs

Section 50-17-710. It is unlawful for any person to catch, hold, have in his possession, or offer for sale any female crab bearing eggs visible thereon or any female crab from which the egg pouch or bunion has been removed. Nothing in this section may be construed to make it unlawful to catch such crabs unintentionally if they are forthwith, while still alive, returned to the water. The provisions of this section do not apply to the importation of female sponge crabs from other coastal states where the taking and possession of such crabs is lawful if a permit for that purpose is obtained from the department and each shipment or load of such imported female sponge crabs has with it either an invoice from a licensed harvester in a state which legally allows their taking or a certificate from that state's appropriate agency verifying that the crabs were taken legally.

Section 50-17-716. (A) A float or buoy attached to a crab pot or crab trap set in the waters of this State must be made of solid, buoyant material as described by this section which does not sink upon being punctured or cracked. The floats must be constructed of plastic, PVC Spongex, plastic foam, or cork. No hollow buoys or floats including plastic, metal, or glass bottles or jugs may be used, except that manufactured buoys or floats specifically designed for use with traps or pots may be hollow if constructed of heavy duty plastic material and approved by the department. A primary float attached to a crab pot must be at least ten inches in length if rectangular, cylindrical, or conical in shape and at least five inches in diameter or width. Round or spherical primary buoys or floats must be at least six inches in diameter. (B) A person licensed to fish crab pots under Section 50-17-210 must be assigned an identification number by the department. The assigned identification number must be painted or branded on each crab pot float in numerals of a contrasting color at least two inches in height and must be clearly legible at all times. At the option of the licensee, the buoy identification number assigned to him may be affixed to his crab pot for identification purposes. It is unlawful for a person to mark crab pots, floats, or buoys with a number other than that assigned by the department under this section. (C) A person violating the provisions of this section, upon conviction, must be punished as provided in Section 50-17-100. In addition, a crab trap found without the identification required by law must be seized and disposed of as determined by the department.

Section 50-17-720. It is unlawful for any person to catch, destroy, confine, hold, or have in his possession, whether for individual use or for market, any crab of the genus Callinectes sapidus (blue crab), or allied species, of a smaller size than five inches measured from tip of one lateral spine across the back of the shell to the tip of the opposite lateral spine. When a person purchases crabs away from his place of business he is not guilty of violating this section by transporting the crabs to his place of business nor until he has had a reasonable opportunity to examine the crabs. The provisions of this section, subject to the provisions of Section 50-17-730, do not apply to crabs in floats or tanks in the process of shedding into soft shell crabs, and any person having a valid permit or identification card, as provided in Section 50-17-730, may catch, have in possession, or offer for sale such crabs for the purpose of placing them in floats or tanks to shed into soft shell crabs. Enforcement officers may inspect for violations of laws contained in this title pertaining to blue crabs only prior to the processing of the crabs.

Section 50-17-721. It is lawful for crab processors licensed under the laws of this State to import blue crabs of less than the minimum size limit specified by Section 50-17-720 from other states. A permit for this purpose must be obtained from the department. Each shipment or load of imported crabs must have with it either an invoice from a licensed harvester or dealer in that state or a certificate from an appropriate agency verifying that the crabs were taken in that state.

Section 50-17-725. (A) It is unlawful for any person to possess except for purposes of lawful removal of claws or transport any intact stone crab (Menippe mercenaria) or stone crab body, whether alive or dead. Only the larger of the two claws of any stone crab may be removed, with the live crab being returned immediately to the water. It is unlawful to remove either claw from any female stone crab bearing eggs visible thereon, and these crabs must be returned alive to the water immediately. (B) It is unlawful to possess, sell, or offer for sale any stone crab claw which has a forearm (propodus) of less than two and three-quarters inches in length, measured by a straight line from the elbow to the tip of the lower immovable claw finger. The forearm (propodus) is defined as the largest section of the claw assembly, having both a movable and immovable finger and located farthest from the body of the crab. (C) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-17-100.

Section 50-17-730. As used in this section: (1) `Peeler crab' means a blue crab (Callinectes sapidus), having a new soft shell fully developed under the hard shell and having a definite white, pink, or red line or rim on the outer edge of the back fin or flipper. (2) `Soft shell crab' means a peeler crab which has recently shed its hard shell. Notwithstanding the provisions of Section 50-17-720, any person engaged in the catching, taking, or transporting of peeler crabs or in shedding peeler crabs for the purpose of producing soft shell crabs is required to have a valid permit or identification card issued by the department. Permits under this section must be issued only to bona fide dealers engaged in shedding peeler crabs and in possession of a valid license as provided in Section 50-17-180. The permits must be in addition to any other licenses and permits required by law. The fee for each permit is seventy-five dollars annually for the license period beginning July first. Identification cards may be issued to a permit holder under this section to be used by persons employed by him to catch and transport peeler crabs to his shedding operation. The department has authority to inspect the business premises of any person engaged in shedding peeler crabs. On each permit issued under this section the department has the authority to specify: (a) the area from which peeler crabs may be caught or taken by gear other than crab pots; (b) the types of gear or fishing equipment which may be used to take peeler crabs; (c) catch reporting requirements; (d) boat identification requirements; (e) any other provisions the department considers necessary to carry out the provisions of this section. Any person violating the provisions of this section or any of the permit conditions of the Marine Resources Division of the department is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned thirty days. Upon conviction for a second offense, any permits issued under this section must be suspended for thirty days. Any boat, with its equipment and rigging found engaged in the taking of peeler crabs after the permits have been suspended, must be confiscated and, upon conviction, must be sold as prescribed in Section 50-17-650.

Section 50-17-740. The department may open or close all or any portion of state waters lying seaward of the trawling boundaries described by Section 50-17-610 to crab trawling during December, January, February, and March of each year. The rest of the year crab trawling is prohibited. A boat, before engaging in trawling for crabs during the open season, must have a valid trawler's license as required by Section 50-17-150 and must have a crab trawling permit issued by the department. Permits issued under this section may include specifications as to lawful fishing areas, minimum size requirements, fishing times or periods, catch limitations, and catch reporting requirements. The department may limit the number of permits issued if determined to be in the best interests of sound fisheries management. It is unlawful to use, tow, drag, or have aboard a boat trawling for crabs a net having a mesh of less than four inches stretched mesh unless the net is stored or secured in a locked bin or container below deck. The penalty for violation of the provisions of this section is the same as prescribed in Section 50-17-100. A permit issued under this section, upon conviction for violation of this section, may be suspended or revoked by the department. A boat or vessel found trawling during the period for which its permit has been suspended or revoked, or operating without a permit, must be seized and disposed of as provided in Section 50-17-650.

Section 50-17-745. In the normal, lawful process of trawling for shrimp commercially, the operators of a shrimp trawler may retain and market lawful size and species of crabs incidental to trawling for shrimp from the first day of June through November of each year.

Section 50-17-750. No trawling for crabs may be done with a net or a bag with a mesh of less than four inches, and chafing gear of any sort must be confined to not more than one-half the circumference of the tail bag.

Section 50-17-760. It is unlawful to set or use any trap or basket commonly termed a `crab pot' to catch crab for commercial purposes within the tributaries, between the headlands, and within Chechessee Creek in Beaufort County and between May first and October first within Pawley's Island Creek and Midway Creek on Pawley's Island in Georgetown County. Individuals may set two crab pots to catch crabs for personal consumption and not for sale.

Section 50-17-770. Every boat licensed by the department to trawl for crabs in this State, at the time of the issuance of such license must be assigned by the department a number under which the boat must be registered and operated. The number so assigned to the boat must be of distinctive numerals of a size and shape as may be furnished by the department and must be so displayed as to be clearly visible from either side of the vessel.

Section 50-17-780. The department may not issue any commercial licenses or permits for harvesting crabs to a resident of any state which prohibits the sale of commercial crab licenses to South Carolina residents, the provisions of Sections 50-17-210 and 50-17-150 notwithstanding.

Section 50-17-790. Any person violating the provisions of this article, except Section 50-17-730, upon conviction, must be punished as provided in Section 50-17-100.

Article 8

Shad, Herring, and Sturgeon

Section 50-17-805. Any person fishing for shad, herring, or sturgeon in either fresh or saltwaters of the State must obtain the applicable licenses required under Section 50-17-180, 50-17-210, or 50-17-240 but is not required to obtain the commercial freshwater fishing licenses provided under Article 6 of Chapter 13 of this title.

Section 50-17-810. It is unlawful to catch, buy, sell, or ship white shad or hickory shad between the twenty-fifth day of March or the Saturday before Easter Sunday, whichever comes later in each year, and the first day of February in the following year, except that: (1) From a point forty river miles from the mouth of a stream in which shad may run on to the waters of its source the closed season for shad is from the thirtieth day of April each year until the first day of February the following year, the point forty river miles from the mouth of the Combahee River being designated as Rose Hill, from the mouth of the Waccamaw River in Horry County being designated as the junction of Big Bull Creek and the Waccamaw River, from the mouth of the Pee Dee River being designated as the bridge on Highway 701 across the river and on Yauhannah Lake being designated as the bridge on Highway 701 across Yauhannah Lake. However, on the Edisto River the closed season for the taking of shad is from April fifteenth each year until January fifteenth the following year from the U. S. Highway 17 bridge to the headwaters of the Edisto River and from April first each year until January fifteenth the following year from the U. S. Highway 17 bridge at Jacksonboro seaward. (2) On Black River the closed season for fishing for shad with skimbow or pump nets for noncommercial purposes is from May first each year until February first the following year. (3) From the first day of February to the first day of May each year, it is lawful to use bow, skimbow, or pump nets to catch shad for noncommercial purposes. (4) It is lawful to catch white or hickory shad for noncommercial purposes by the use of a hook and line, including rod and reel, if the individual first has procured the regular state fishing license. (5) On the Savannah River the open season for shad is from January fifteenth through April fifteenth except that shad fishing is prohibited in Back River and the North Channel of the Savannah River downstream from New Savannah Cut, as posted. (6) No shad may be taken by gill net in the Santee River or its tributaries upstream from South Carolina Highway 41; except that beginning at 7:00 p.m. on Tuesday and Thursday until 6:00 a.m. the following day of one week and beginning at 7:00 p.m. on Wednesday and Friday until 6:00 a.m. the following day of the following week, alternately, shad may be taken by gill net in the Santee River and its tributaries upstream from South Carolina Highway 41 to South Carolina Highway 52. If the taking of shad between Highways 41 and 52 is determined to be hazardous to the striped bass fishery by the department, it may close the waters to shad fishing by emergency regulation.

Section 50-17-811. In Game Zone 7 the open season for catching of shad is from the first day of February to the fourth day of May.

Section 50-17-812. During the open season it is unlawful to catch shad or set a seine, a net, or other device for shad from: (1) twelve noon on Saturday until twelve noon on Monday following, except with skimbow nets for noncommercial purposes on the Black River or Great Pee Dee River; or (2) twelve midnight on Saturday until twelve noon on Tuesday following on the Edisto River from the U. S. Highway 17 bridge at Jacksonboro to the headwaters of the river, and twelve midnight on Friday until twelve noon Wednesday following on the Edisto River seaward of the U. S. Highway 17 bridge at Jacksonboro, except with skimbow nets for noncommercial purposes.

Section 50-17-813. It is lawful to set nets for the catching of shad in Game Zones 5 and 8 from Wednesday noon until one hour after official sundown on Sunday during the open season. Notwithstanding the provisions of Section 50-13-530 in Game Zones 5 and 8 seines, nets, and other plans or devices may be used on Saturdays and Sundays in the muddy streams, creeks, and inland waters of the zone.

Section 50-17-814. During the open season it is unlawful to use or set any seine or net or any other like device for catching shad in the Savannah River upstream of Interstate Highway 95 on Sundays, Mondays, and Tuesdays. During the open season it is unlawful to use or set any seine or net or any other like device for catching shad in the Savannah River downstream of Interstate Highway 95 on Saturdays, Sundays, and Mondays.

Section 50-17-815. In Game Zones 7 and 9 it is unlawful to set nets to catch shad from Saturday noon until Monday noon during the open season.

Section 50-17-816. In Game Zone 10 it is unlawful to catch shad or set any seine or net or other device for the taking of shad from twelve noon on Sunday until twelve noon on the Tuesday following during the open season, except with skimbow nets for noncommercial purposes on the Black or Great Pee Dee Rivers within such game zones.

Section 50-17-817. It is lawful to use nets for catching shad in the Santee River from Monday noon until Saturday noon during the open season.

Section 50-17-820. It is lawful to fish for shad with a drift net measuring not more than one-half the width of the stream between the mouth of the Waccamaw River and Butler's Island in Georgetown County.

Section 50-17-830. The department may establish open and closed seasons, size limits, times, and areas for the taking of Atlantic sturgeon (Acipenser oxyrhynchus) in the waters of the State. Any person taking, catching, having in possession, buying, or selling any Atlantic sturgeon of less than or in excess of the size limits established, during the closed seasons or times, or in the closed areas established by the department is guilty of a violation of this section. Any sturgeon taken during the closed season or times or in the closed areas established by the department must be released immediately in the waters where caught. In addition to the penalties provided in Section 50-17-100, the catch, nets, and boats of any person accused of violating the provisions of this section must be seized and, upon conviction, sold as prescribed in Section 50-17-650.

Section 50-17-835. Notwithstanding the provisions of Section 50-17-830, it is unlawful for anyone to catch in the waters of this State, or to buy, sell, or ship short-nose sturgeon (Acipenser brevirostris).

Section 50-17-840. It is unlawful to fish with gill nets, anchor nets, stake row nets, or pound nets in an area of the Atlantic Ocean off Winyah Bay described as follows: within three nautical miles of the midpoint of a line extending from the point where the north jetty of Winyah Bay intersects the beach of North Island running in a southwesterly direction to the point where the south jetty of Winyah Bay intersects the beach of Sand Island; including all waters between the jetties. It is lawful to fish for Atlantic sturgeon in the area previously described with nets having a mesh size in compliance with Section 50-17-880 from February fifteenth through April fifteenth of any year. In addition to penalties provided in Section 50-17-100, the catch, nets, and boats of any person accused of violating the provisions of this section must be seized and, upon conviction, disposed of as provided in Section 50-17-650, except the provisions relating to redemption do not apply.

Section 50-17-850. The department shall issue `sets' for the catching of shad on the South Carolina side of the Savannah River. `Sets' means points on the banks of the river at which fishermen have the exclusive right to place nets. Persons wishing to obtain `sets' shall apply to the department on the first day of July of each year under the following terms and conditions: (1) `sets' must be issued at the time commercial licenses are purchased and only to persons who acquire necessary licenses; (2) not more than two `sets' may be issued to one household; (3) any person holding a `set' in the previous year is entitled to reissuance of the same `set' between July first and July fifteenth of each year; (4) after July fifteenth of each year `sets' must be issued in the order for which they are applied and all applicants shall appear in person to apply; (5) the department may prescribe such other rules and conditions for the issuance of `sets' as necessary to provide proper control of `set' fishing.

Section 50-17-855. The department shall issue `sets' for the catching of shad in the Edisto River between the trestle of the Seaboard Coast Line Railroad (formerly Atlantic Coast Line) near Jacksonboro south to the trestle of the Seaboard Coast Line Railroad (formerly the Seaboard Air Line) under the following terms and conditions: (1) `sets' must be issued at the time commercial licenses are purchased and only to persons who acquire necessary licenses; (2) not more than two `sets' may be issued to one household; (3) any person holding a `set' in the previous year is entitled to reissuance of the same `set' between July first and July fifteenth of each year; (4) after July fifteenth of each year, `sets' must be issued in the order for which they are applied and all applicants must appear in person to apply for the `sets'; (5) the department shall designate certain areas for the use of drift nets between the above-mentioned trestles and no `sets' may be issued for those areas; and (6) the department may prescribe other rules and conditions for the issuance of `sets' as necessary to provide proper control of `set' fishing.

Section 50-17-860. No nets for catching shad may be used with a mesh of less than five and one-half inches nor extending more than halfway across any stream nor within two hundred yards of any net previously set and no cable line or any other device used for the support of the nets may extend over halfway across any stream, nor is it lawful to set any nets for catching shad in lakes or coves tributary to any stream, whether navigable or not, except that a net of a size no larger than five and one-half inch stretch mesh but not less than four and one-half inch stretch mesh may be used in the Savannah River. No net or seine may be used in the muddy waters of any river within twenty-five yards of the mouth of any clearwater stream emptying into such river. In the Edisto River north of U. S. Highway 15 nets with a mesh of not less than four and one-half inches may be used.

Section 50-17-865. The provisions of Sections 50-17-810 and 50-17-860 do not apply to the use between February first and April twentieth of each year of bow nets or revolving dip traps operated on the Great Pee Dee River between Cheraw and the North Carolina line and between Cheraw and Yauhannah Bridge over the Great Pee Dee River and on the tributaries of such river where the tributaries enter the river between Cheraw and the bridge and on the Black River and its tributaries between Skinners Ferry Bridge on the Black River up the river and tributaries to their sources.

Section 50-17-867. (A) It is unlawful to fish for shad with a net measuring more than two hundred yards from the mouth of the Black or Waccamaw Rivers to the forty-mile limit. No such net may extend more than halfway across these streams. (B) Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, for a first offense must be fined not less than twenty-five dollars nor more than one hundred dollars; for a second offense not less than fifty dollars nor more than one hundred dollars; and for a third offense not less than one hundred dollars.

Section 50-17-870. It is lawful to use gill nets having a mesh size no smaller than two and one-half inches and no greater than three inches, stretched mesh, for the taking of herring from February fifteenth through April fifteenth on Wednesday, Thursday, Friday, and Saturday only during any week of the open season in the following areas: (1) on the Great Pee Dee, Old River around Bird Island, and Louders Lake in Darlington County and the Lynches River in Florence County; (2) on the Sampit, Waccamaw, and Black Rivers in Game Zone 9; (3) in Williamsburg County.

Section 50-17-880. No net with mesh less than ten inches may be used for catching sturgeon.

Section 50-17-886. It is unlawful for any person to leave his shad or sturgeon net on the banks of streams of this State more than three days after the closed season for the catching of shad or sturgeon.

Section 50-17-887. The finding of any net or seine with decomposed shad or sturgeon therein constitutes a sufficient ground for forfeiture of the net or seine and of the license of the owner.

Section 50-17-890. All persons engaged in buying, shipping, and selling shad or sturgeon shall keep records as prescribed by the department and shall make monthly reports as prescribed by that department.

Section 50-17-895. Any person, upon conviction of violation of the provisions of this article, must be punished as provided in Section 50-17-100.

Article 9

Terrapin

Section 50-17-910. It is unlawful for any person to take, purchase, or possess diamondback terrapin between the first day of April and the fifteenth day of July, inclusive, in each year, except such as are left over from the open season of which report must be rendered on oath on or before the tenth day of April showing the number and kind of diamondback terrapin so left over. Failure to render such a report is considered conclusive that none were left over, and any found in the persons' possession in excess of the ones reported are conclusively considered to have been received in violation of this section. The reports of leftover terrapin must show the location of the diamondback terrapin.

Section 50-17-920. The taking, detention, possession, purchase, or sale of diamondback terrapin less than five inches in length measured on the medial line of the bottom of the shell is unlawful.

Section 50-17-940. All diamondback terrapin taken in this State in violation of any of the provisions of the Coastal Fisheries Laws is contraband and, in addition to the penalty as provided in this chapter for the person violating such provision, the terrapin must be returned to the public waters.

Section 50-17-950. Any person convicted of violation of the provisions of this article must be punished as provided in Section 50-17-100.

Article 10

Restricted Areas

Section 50-17-1010. There are established as restricted areas the following areas or portions of the coastal and ocean beds of Beaufort, Charleston, and Colleton Counties: (1) that portion or area lying northeast of the north jetty at the mouth of Charleston Harbor and the line of the north jetty extended one-half mile into the ocean and lying southwest of a line running southeast (true), starting at a point on the northeast shore of the inlet known as Dewees Inlet on the Dewees Island side of the inlet, which point is where the northeast shore of the inlet at mean high water intersects the ocean beach line of Dewees Island, and which line runs from the point southeast (true) one-half mile into the ocean, the area so designated being all that lies to the southeast of the ocean beaches or shores of Sullivan's Island and the Isle of Palms and southeast of the beach lines extended across all intervening inlets or breaks in the beach lines and between the two lines designated in this item and extending one-half mile into the ocean; (2) that portion or area lying southwest of a line running due southeast (true), starting at a point on the southwest shore of the inlet known as Morris Island Lighthouse Inlet on the Folly Island side of the inlet, which point is where the southwest shore of the inlet at mean high water intersects the ocean beach line of Folly Island, and which line runs from the point southeast (true) one-half mile into the ocean, and lying northeast of a line running southeast (true), starting at a point where West Sixth Street intersects the ocean beach of Folly Island, and which line runs from the point southeast (true) one-half mile into the ocean, the area so designated being all that lies to the southeast of the ocean beach or shore of Folly Island between the two lines designated in this item and extending one-half mile into the ocean. The southwest end of the area from Stono Inlet to West Sixth Street is unrestricted to within a quarter mile of the beach at the low-water mark; (3) that portion or area lying northeast of a line running due southeast (true), starting at a point on the northeast shore of the mouth of South Edisto River on the Edisto Island side of the inlet, at the place now known as Edisto Beach, formerly as McConkey's Beach, which point is where the northeast shore of the river at its mouth at mean high water intersects the ocean beach line of Edisto Beach, and which line runs from the point southeast (true) one-half mile into the ocean, and lying southwest of a line running southeast (true), starting at a point on the southwest shore of the inlet known as Frampton's Inlet on the Edingsville Beach side of the inlet, which point is where the southwest shore of the inlet at mean high water intersects the ocean beach line of Edingsville Beach on Edisto Island, and which line runs from the point southeast (true) one-half mile into the ocean, the area so designated being all that lies to the southeast of the ocean beaches or shores of Edisto Island known as Edisto Beach and Edingsville Beach and between the two lines designated in this item and extending one-half mile into the ocean; (4) that area within one-quarter mile of the shores of the ocean beaches of Hunting Island and Fripp Island and within one-quarter mile of the beach of Hilton Head from Braddock Cove along the beach to Fish Haul Creek in Beaufort County. The areas described in this section are restricted only from May fifteenth through September fifteenth each year.

Section 50-17-1020. It is unlawful to use a trawl net within one-half mile from shore in a county in Game Zones 7 and 9 from the southern tip of Pawley's Island in Georgetown County to the North Carolina state line. However, trawl nets may be used in waters of the Atlantic Ocean adjacent to Georgetown County from September fifteenth through December thirty-first each year.

Section 50-17-1030. The captain of a boat found trawling in the areas defined in Section 50-17-1010, 50-17-1020, or 50-17-1040 during the specified restricted period 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. Upon conviction for a second or subsequent offense, the captain must be fined two hundred dollars, and his license and the license of the boat must be suspended for thirty days.

Section 50-17-1040. Notwithstanding the provisions of subsection (3) of Section 50-17-1010, it is unlawful to trawl for shrimp within one-fourth of a mile of the mean low-water mark opposite Edisto Beach in Charleston and Colleton Counties between the points of Frampton Inlet and State Highway No. 174.

Section 50-17-1050. Any person dragging or towing behind any boat or vessel described in Section 50-17-1030 any net, trawl, or other device or appliance within any of the restricted areas, whether or not such net, trawl, or other device or appliance is at the time actually in contact with the ocean bottom or not and whether it is being used at the time for the catching of shrimp, fish, or other form of marine life or for the purpose of washing or cleaning the net or not, is guilty of a violation of this article and is subject to the penalties prescribed in Section 50-17-1030.

Section 50-17-1060. All areas of the coastal waters of Charleston County lying outside of the creeks, rivers, inlets, bays (Bull Bay excepted), harbors, and sounds or other inland waters, other than and excepting the areas specifically set apart in this article, are open to the use of trawling boats and vessels under regulations as provided by law.

Article 11

Point System For Violations of Coastal Fisheries Laws

Section 50-17-1110. For the purposes of this article: (1) `Coastal fisheries privileges' means the privilege to engage in an activity involving fishing or taking, attempting to take, or possessing 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 department 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 Department of Natural Resources.

Section 50-17-1120. (A) 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: (1) fishing or taking, attempting to take, buying, selling, or offering for sale fish, shellfish, or crustaceans without a proper license or permit: 18; (2) fishing or 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 South Carolina Department of Health and Environmental Control: 10; (3) violating commercial fishing license or permit conditions: 8; (4) using unlawful or unauthorized fishing methods, gear, or equipment: 8; (5) failing to keep records or make reports required by law or regulation: 6; (6) violating size limit provisions set by law for fish, shellfish, crustaceans, or other seafood products: 6; (7) possessing more than the legal limit of fish, shellfish, or crustaceans: 6; (8) unlawfully buying, selling, or offering for sale fish, shellfish, crustaceans, or other seafood products by a properly licensed or permitted person: 10; (9) harvesting shellfish on culture permit areas or state bottoms without proper permission or permit: 8; (10) harvesting shellfish in an area closed to shellfishing by the Department of Health and Environmental Control: 18; (11) stealing catch or fishing equipment or damaging or interfering with fishing equipment: 18; (12) trawling or channel netting in an area closed to trawling or during closed season: 8; (13) captain or crew of a boat failing to cooperate with an enforcement officer: 18; (14) wilfully impeding or obstructing the lawful harvest of marine species: 18; (15) trawling during unlawful hours or within restricted areas off beaches: 8; (16) violating law pertaining to female sponge crabs: 8; (17) fishing or taking, attempting to take, or possessing fish, shellfish, crustaceans, or other seafood products in an illegal manner not mentioned specifically in this section: 6. (B) 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 in this article affects the action of the department in suspending, revoking, or canceling a license or permit when the action is mandatory under the law of this State. However, the suspension provisions of this article, when applied, are in lieu of other suspension provisions under the 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 begins the eleventh day after the person receives written notice by mail, return receipt requested, of the suspension and ends 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(A)(1).

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 may be represented by an attorney. The review must take place within twenty 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 begins the eleventh day after the review and ends the same day 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 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 begins that day and ends the same day 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 board shall administer and enforce 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 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 one year."

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