South Carolina General Assembly
110th Session, 1993-1994

Bill 3546

... part 17 of 22

Names revised

SECTION 1266. Section 50-18-10(5) of the 1976 Code is amended to read:

"(5) Department means the South Carolina Department of Natural Resources or its authorized agent.

Names revised; division and director changed to department

SECTION 1267. Chapter 19, Title 50 of the 1976 Code is amended to read:

"CHAPTER 19

Special Hunting and Fishing Provisions for Certain Counties and Areas

Article 1

Cherokee County; Fish and Game Club

Section 50-19-10. There is created hereby a fish and game club for Cherokee County, to be known as Cherokee Fish and Game Club. The purpose of said Club shall be to conserve and propagate game fish and game birds in said county, and to cooperate and assist in the enforcement of all local and State laws to this end. The president of the Club, subject to the rules and bylaws of the Club, shall procure from government and other available sources necessary stock for propagating game fish in the streams of the county and for propagating wild game in the county and shall further such measures as are necessary for acquiring preserves and for otherwise propagating and protecting such fish and game from unlawful destruction. The secretary of the Club shall perform such duties as are prescribed by the bylaws and the constitution of the Club and shall keep an accurate and permanent record of all the meetings of the Club. The Club shall be governed in all respects other than herein set out by the bylaws and constitution of the Club.

Article 3

Darlington County; Advisory Fish and Game Commission

Section 50-19-110. There is hereby created the Darlington County Advisory Fish and Game Commission to be composed of seven members who shall be appointed by a majority of the Darlington County legislative delegation. The members of the Commission shall be qualified electors of Darlington County, and not more than one commissioner shall be appointed from any one township. The terms of the commissioners shall be for three years and until their successors are elected and qualify, except that of the members first appointed two were appointed to serve for a term of one year, two for a term of two years and three for a term of three years. Any vacancy shall be filled in the manner of the original appointment.

Section 50-19-120. The Commission shall organize by electing one of its members chairman and one of its members secretary, and the commissioners shall meet at such time and place as may be designated by the chairman.

Section 50-19-130. The Commission shall make studies and recommendations to the department pertaining to the supervision of fish and game in Darlington County, except Prestwood Lake. It shall cooperate with the department in supervising the opening and closing of all fish and game seasons in the county and regulations in connection therewith and control thereof, insofar as consistent with the statutory laws of the State. The Commission shall advise and confer with the county legislative delegation and shall recommend such changes as appear to be necessary in the fish and game laws.

Article 5

Darlington County; Prestwood Lake Wildlife Refuge Board

Section 50-19-210. There is hereby created a board to be known as the Prestwood Lake Wildlife Refuge Board. The Board shall be composed of seven members who shall be appointed by the Governor upon the recommendation of a majority of the Darlington County legislative delegation. Three members having been appointed for an initial term of two years and four having been appointed for an initial term of four years, thereafter their successors have been and shall be appointed to serve for regular terms of four years each.

Section 50-19-220. After their appointments, the members of the Board shall meet immediately and organize and from among themselves shall select one of their members as chairman and one as secretary. The Board shall meet at the call of the chairman or upon the request of a majority of its members. The members shall serve without compensation.

Section 50-19-230. The Board shall have the following powers and duties: (1) To govern and manage the Prestwood Lake Wildlife Refuge and to do all things incidental thereto; (2) To accept and receive donations, gifts or grants on behalf of the refuge and to use such funds as the Board deems best for the propagation and protection of wildlife in the area; (3) To take charge of the refuge and to make recommendations relative to the propagation and protection of wildlife therein, particularly including the posting of signs within this area; (4) To report and prosecute all persons trespassing in the area or breaking the game laws relative thereto; and (5) To plant and distribute food for wildlife in the area and to encourage and assist other individuals to do likewise in or on property adjacent thereto.

Section 50-19-240. In addition to the powers and duties set forth in Section 50-19-230, the Board may adopt and promulgate such rules and regulations relating to the use of baskets, nets, trotlines and other means of taking nongame fish as it may deem advisable. No such rule or regulation shall take effect until approved by the department, and notice of such rule or regulation has been published at least once in a newspaper of general circulation in Darlington County. When any such rule or regulation becomes effective it shall have the force and effect of law. Any person convicted of a violation of a rule or regulation adopted pursuant to this section shall be guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days.

Article 7

Georgetown County

Section 50-19-310. It shall be unlawful for any person to fish at any time on the causeway crossing Belle Isle Lake on the Old South Island Road in Georgetown County. Any person found guilty of violating the provisions of this section shall be fined not to exceed the sum of twenty-five dollars or be confined for a period not to exceed thirty days, in the discretion of the court, for each separate offense.

Section 50-19-320. The forty-mile limit of Black River in Georgetown County is hereby declared to be at the mouth of Lane's Creek, and the forty-mile limit on Big Pee Dee River in Georgetown County is hereby declared to be at the old ferry landing near Yauhannah Lake.

Section 50-19-330. It shall be unlawful in Georgetown County for any person to gig for fish in salt waters from the northern tip of North Island to the northern tip of Magnolia Beach during the daylight hours. Any person violating the provisions of this section shall, upon conviction, be punished by a fine of not more than one hundred dollars or be imprisoned for not more than thirty days.

Article 9

Greenville County; Lanier Lake

Section 50-19-410. The department may enter into an agreement with the owners of Lake Lanier, located in Greenville County, whereby the department may take over the management of the lake and lake property for fisheries and hunting purposes and shall take the necessary steps toward restocking the lake with fish, designating open and closed seasons for fishing and hunting thereon, making rules and regulations by which permits may be issued to persons for fishing and hunting thereon and in all other ways exercising complete control of the waters of the lake in such a manner that will most successfully restock, propagate and protect the fish and game in the lake for the benefit of the public in general.

Article 11

Greenwood County; Fishing Near Greenwood Power Plant

Section 50-19-510. Fishing shall be permitted along, in and on the spillway or race south of the floodgates of the Greenwood hydroelectric plant on or near waters of the Saluda River as provided in this article.

Section 50-19-520. The Greenwood County Electric Power Commission shall erect on each side of such race or spillway a fence to run to the edge of the water as follows: Along the Newberry side or steam plant side such fence shall be erected at a point two hundred and twenty-five feet from the south side of the floodgate of the hydroelectric power plant, which shall be at or near the end of the riprap or cement abutment on such side and on the Greenwood side of such spillway or race a fence shall be erected at a point two hundred and twenty-six feet south of the floodgate of such hydroelectric plant, which shall be at or near the end of the riprap or cement abutment on such side. The fence or line to be erected on either side of such race or spillway shall be of such height and so constructed as not to materially interfere with fishing as herein permitted.

Section 50-19-530. No fishing shall be allowed beyond such fence toward the floodgate on the south side of the plant, nor shall any person be allowed beyond this point, either on the land or on the water, by boat or otherwise, except that any person fishing may cast or fish above the fence toward the floodgates of the hydroelectric plant if he does not go beyond the fence line to be established in accordance herewith.

Section 50-19-540. No fishing shall be allowed nor shall any person go within three hundred feet of the northern edge of the floodgates on the northern and lake side of the hydroelectric power plant. The Greenwood County Electric Power Commission shall erect a fence or signs to identify such line so that members of the public shall be fully informed as to its location. Fishers may cast or fish beyond such line provided they do not go beyond it.

Section 50-19-550. The Greenwood County Electric Power Commission shall establish and maintain proper and suitable `no trespass' signs so that members of the public shall be sufficiently warned and notified as to the lines established.

Section 50-19-560. Fishing permitted along such area, as herein provided, shall only be done by hook or line, which shall include poles, rods and reels, and natural or artificial bait.

Section 50-19-570. Any person fishing or going along the area as herein provided shall do so at his own risk, and no liability shall be imposed upon the counties or the authority involved in any manner whatever. Signs shall be erected at conspicuous places declaring that persons fishing and going along the area as herein authorized shall do so at their own risk.

Section 50-19-580. The provisions of this article shall not affect in any manner the authority of the Greenwood County Electric Power Commission and the acts of the employees, agents, licensees and servants of the Commission in carrying on their duties and responsibilities in connection with the operation of such plant.

Section 50-19-590. Any person violating any provision of this article is guilty of a misdemeanor and shall be punished as follows: (1) For a first offense by a fine of not less than twenty-five dollars nor more than one hundred dollars or by imprisonment of not less than ten days or more than thirty days; (2) For a second offense by a fine of not less than fifty dollars nor more than one hundred dollars or by imprisonment of not less than fifteen days or more than thirty days; and (3) For a third offense by a fine of not less than two hundred dollars or by imprisonment of not less than thirty days, in the discretion of the court having jurisdiction.

Article 13

Horry County

Section 50-19-710. The Horry County Fish and Game Commission shall be composed of seven members who shall reside, respectively, in the following territories: One from the county at large; one from Conway township; one from Bucks and Dog Bluff townships; one from Gallivant's Ferry and Bayboro townships; one from Floyds and Green Sea townships; one from Simpson Creek and Little River townships; and one from Dogwood Neck and Socastee townships. The members shall be appointed by the Senator and a majority of the representatives in the Horry County legislative delegation.

Section 50-19-720. One of the commissioners having been appointed for a term of one year, three for a term of two years and three for a term of three years, their successors have been and shall be appointed for terms of three years. They shall organize by electing one of their members chairman and one of their members secretary. In case of a vacancy, the vacancy shall be filled in the manner above provided.

Section 50-19-730. The Commission shall meet at least once each quarter at such time and place as may be designated by the chairman and also at such special meetings as emergencies may necessitate.

Section 50-19-740. The members of the Commission shall each receive compensation payable quarterly by the treasurer of Horry County out of funds provided for such purpose in the county appropriation act.

Section 50-19-750. The commission shall recommend to the department the salaries to be paid to the enforcement officers from funds apportioned or allotted to Horry County for enforcement of the game and fish laws.

Section 50-19-760. The commission shall report to the department the actions of any enforcement officer in Horry County and recommend suspension or discharge of any enforcement officer.

Section 50-19-770. The commission shall cooperate with the department in supervision over the opening and closing of all fish and game seasons in Horry County, regulations in connection therewith and control thereof, in so far as is consistent with the statutory laws of the State.

Section 50-19-780. It shall be unlawful for anyone to bathe, fish or otherwise trespass in the waters under or within fifty feet on either side or beyond the end of any ocean fishing pier on the Atlantic coast in Horry County. Anyone violating any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than ten dollars nor more than fifty dollars or be imprisoned for not less than two days nor more than ten days.

Article 16

Lancaster County; Hunting Deer With Dogs

Section 50-19-960. Notwithstanding any other provision of law, it shall be lawful to hunt deer with dogs from September fifteenth through January first in the following described area of Lancaster County: Beginning at a point where the old Kershaw-Lancaster County line crosses State Road 522, thence easterly along such line to Beaver Creek, thence southerly along Beaver Creek to the present Kershaw-Lancaster County line, thence westerly along such line to Mud Hole Road, thence northerly along Mud Hole Road to Road 522 in Stoneboro, thence northerly along Road 522 to the point of beginning.

Article 17

Lee County; Duties of Legislative Delegation

Section 50-19-1010. The Lee County legislative delegation shall recommend such change or changes as they deem necessary for the proper protection of the fish and game in Lee County and may recommend closed seasons in case of emergencies.

Section 50-19-1020. The county legislative delegation shall cooperate with the department and shall report semiannually to the department the actions of all enforcement officers in Lee County.

Article 19

Marion County; Fish and Game Commission

Section 50-19-1110. There shall be a board known as the Marion County Fish and Game Commission which shall be composed of seven members. The members of the Commission shall be qualified electors not less than twenty-five years of age. Not more than one commissioner shall be appointed from any one township. The members shall be appointed by a majority of the Marion County legislative delegation.

Section 50-19-1120. Of the seven commissioners first appointed two having served for a term of one year, two for a term of two years and three for a term of three years, their successors have been and shall hereafter be appointed for terms of three years. In case of a vacancy, such vacancy shall be filled in the manner above provided.

Section 50-19-1130. The Commission shall organize by electing one of its members chairman and one of its members secretary. The commissioners shall meet at least once each quarter, at such time and place as may be designated by the chairman, and at such other meeting or meetings as emergencies may necessitate.

Section 50-19-1140. The Commission shall have general supervision over fish and game in Marion County. It shall cooperate with the department in supervision over the opening and closing of all fish and game seasons in Marion County and regulations in connection therewith and control thereof, in so far as is consistent with the statutory laws of the State.

Section 50-19-1150. The Commission shall advise and confer with the county legislative delegation and shall recommend such change or changes as appear to it to be necessary in the fish and game laws in effect in Marion County.

Section 50-19-1160. The Commission shall nominate enforcement officers for the county by forwarding the name and address of the persons nominated to the county legislative delegation. If a majority of the delegation shall be agreeable to such nomination or nominations, they shall forward the name of the prospective enforcement officer or officers to the director for approval. The enforcement officer or officers so appointed shall devote their entire time to the enforcement of the laws relating to wildlife, marine resources, and natural resources.

Section 50-19-1170. The Commission shall recommend to the department the salaries to be paid to such enforcement officers from funds apportioned or allotted to Marion County for enforcement of the game and fish laws.

Section 50-19-1180. The Commission shall report to the department the actions of any enforcement officer in Marion County and may recommend suspension or discharge of any enforcement officer.

Article 21

Marlboro County; Fish and Wildlife Projects

Section 50-19-1310. The department, in addition to the authority and powers granted it pursuant to Section 50-13-1920, may acquire land in Marlboro County for the purpose of creating artificial public fishing lakes, establishing fish hatcheries and fish nurseries, establishing wildlife management areas in conjunction with the Federal Government, or otherwise, and engaging in any other approved wildlife restoration projects.

Section 50-19-1320. In order to carry out the purposes of this article the power of condemnation is conferred upon the board. The power must be exercised to condemn only property necessary, useful, or convenient for the purposes of this article. All land acquired must be in fee simple and just compensation must be paid for it.

Section 50-19-1330. To carry out the provisions of this article the department may expend any funds under its control and available for such purposes.

Article 25

York County; Hunting Crows

Section 50-19-1510. License unnecessary for hunting crows in York County. It shall be lawful for residents of York County to hunt and kill crows in said county without a hunting license.

Article 27

York County; Catawba Lake Fishing Area; Fishing Near India Hook Dam

Section 50-19-1610. That body of backwater lying above the India Hook Dam on the Catawba River in York County, and extending to the North Carolina state line, together with the waters of the streams tributary thereto from the points at which such tributaries empty into the lake to the points where the flow of such streams is normal and the water level not raised by the impounding of the backwaters of the lake, are hereby set apart as the Catawba Lake Fishing Area, such tributary limits to be clearly marked with signs by the department.

Section 50-19-1620. It is unlawful for any person to fish from a raft, boat or any other floating device in the following described areas on the Catawba River in York County: An area lying downstream from the Catawba dam and powerhouse of the Duke Power Company in York County, such area extending for a distance of approximately three hundred and seventy-five feet downstream from the south or downstream wall of the powerhouse and extending from the east bank of the river to the southwestern corner of the dam; also an area on the upstream side of the powerhouse extending for a distance of approximately one hundred feet from the northern or upstream wall of the powerhouse and extending from the eastern bank of the pond to the western wall of the powerhouse. However, this section shall not be construed to prevent fishing from any point on the rock pile situate below the India Hook Dam or on the banks adjacent to the areas above described. The term `banks adjacent to the areas above described' shall not include any part or extension of the dam. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined not less than ten dollars nor more than fifty dollars or imprisoned for not more than thirty days, in the discretion of the trial court.

Section 50-19-1630. Whatever funds are necessary for the carrying out of the purpose and intent of this article are hereby appropriated for the payment of expenses, including salaries. Whatever the amount, the county auditor and the county treasurer shall fix a levy and collect the taxes upon all of the taxable property in York County to meet the needs of the funds herein appropriated and such taxes shall be collected as any other taxes are collected.

Article 29

Catawba-Wateree Fish and Game Commission; Fishing in Catawba-Wateree Rivers, Lakes and Reservoir

Section 50-19-1710. There is hereby created the Catawba-Wateree Fish and Game Commission which shall be composed of four members, one of whom shall be appointed by each of the respective county legislative delegations of Chester, Fairfield, Kershaw and Lancaster Counties. The members shall serve at the will of the respective county legislative delegations.

Section 50-19-1720. The Commission shall meet once each month if necessary, and each member in attendance shall be paid the sum of ten dollars per day, plus mileage at the rate of five cents per mile. The Commission shall keep records of all business transacted at such meetings and designate the time and place of meetings.

Section 50-19-1730. The Commission shall cooperate with the department in the enforcement of all fishing laws and regulations within such counties and shall work under the direction of the department in the enforcement of all rules and regulations provided in this article. The Commission shall cooperate with the department in the control of all fishing in the waters, including all backwaters, of the Catawba and Wateree Rivers within said counties, except waters lying more than one hundred yards south of the Wateree Dam in Kershaw County.

Section 50-19-1810. It shall not be unlawful for anyone to fish from the banks of the watercourse below the Duke Power Company Wateree Dam in Kershaw County within two hundred feet from the dam, but it shall be unlawful to fish from any structure or abutment erected by Duke Power Company, and Duke Power Company shall not be liable for any injury sustained by any fisherman fishing within the two hundred foot prohibited zone. Anyone violating the provisions of this section shall be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not more than thirty days, or both.

Section 50-19-1820. It shall not be unlawful for anyone to fish from the banks of the watercourse above the Duke Power Company Wateree Dam in Kershaw County within one hundred feet from the dam, but it shall be unlawful to fish from any structure or abutment erected by Duke Power Company. Nothing in this section or Section 50-25-320 shall be construed to prohibit fishing in waters within one hundred feet of the dam from a boat which is further than one hundred feet from the dam.

Section 50-19-1830. (1) It shall be unlawful for any person to hunt or molest in any manner any species of waterfowl or to molest any nests of any waterfowl on the waters of Wateree Lake between the Wateree Dam and Dutchman's Creek in Kershaw 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 by imprisonment for not more than thirty days.

Section 50-19-1840. Except as otherwise provided, any person violating any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than twenty-five dollars nor more than one hundred dollars or sentenced to serve not more than thirty days.

Article 31

Fishing in Lake Marion, Lake Moultrie, the Diversion Canal, the Tail Canal, and Certain Portions of Congaree and Wateree Rivers

Section 50-19-1910. The holder of a temporary license to fish in such waters granted to a nonresident may also fish in any private pond in Clarendon County during the time authorized above, if the holder has the pond owner's permission.

Section 50-19-1920. The regulations for fishing in the waters of Lake Marion, Lake Moultrie, the Diversion Canal connecting these lakes and the Tail Canal shall be as follows: (1) No person shall have any rifle in his possession in any boat. (2) All other state game and fish laws are applicable for the Santee-Cooper lakes, canals and waters. The department may change or alter the regulations.

Section 50-19-1925. The department shall promulgate regulations to manage and protect fisheries in the Santee River.

Section 50-19-1930. Any person violating any of the provisions of Sections 50-19-1910 and 50-19-1920 shall, upon conviction, pay a fine of not less than twenty-five dollars nor more than one hundred dollars, or suffer imprisonment for not more than thirty days.

Section 50-19-1935. The Department of Health and Environmental Control, in conjunction with the Department of Natural Resources shall, from the funds appropriated in the General Appropriations Act, monitor the striped bass fishery in the Wateree-Santee riverine system. Both departments shall have oversight responsibility for any studies which may be required as a condition of a DHEC permit.

Article 35

Fishing in and Hunting on Certain Portions of Savannah River in Game Zone No. 2

Section 50-19-2210. The department may negotiate a reciprocal agreement with the authorities of the state of Georgia whereby any resident of Georgia properly licensed by that state may fish anywhere in the Savannah River, but not in its tributaries, below Clark Hill Dam with no other license being required, provided any resident of this State, properly licensed by this State, shall be permitted the same fishing privilege.

Section 50-19-2215. The department may negotiate a reciprocal agreement with the authorities of the State of Georgia whereby any resident of Georgia properly licensed by that State may fish anywhere in the Savannah River, but not its tributaries, in that area between the highway bridge between Calhoun Falls, South Carolina, and Elberton, Georgia, and the Hartwell Reservoir Dam, including all waters impounded by the Richard B. Russell Dam.

Section 50-19-2220. In the waters of the Savannah River between the Stevens Creek Dam and the highway bridge between Calhoun Falls, South Carolina, and Elberton, Georgia, including the waters impounded by the Stevens Creek Dam and the Clark Hill Dam, all in Game Zone 2, no person shall have any rifle in his possession in any boat nor shall any person fire a rifle within one hundred yards from the shoreline of such waters. Any rifles being used in violation of this section shall be confiscated and sold at public auction under the procedure provided in Section 50-11-2080.

Section 50-19-2230. The department with the approval of a majority of the legislative delegations of the counties adjacent to the waters of the Savannah River between the Stevens Creek Dam and the highway bridge between Calhoun Falls, South Carolina, and Elberton, Georgia, including the waters impounded by the Stevens Creek Dam and the Clark Hill Dam, all in Game Zone No. 2, may amend the regulations set out in Section 50-19-2220 or make new ones as they become desirable.

Section 50-19-2240. The department shall also negotiate for and enter into a reciprocal agreement with the authorized officials of the state of Georgia, adopting rules and regulations for the preservation and propagation of fish and game within the area described in Section 50-19-2220, the recognition of the licenses and permits of one state by the other and the enforcement of the laws of the two states over the area involved. If necessary to reach such an agreement or it is deemed advisable for the better protection and management of the game and fish of this area, the department may increase the bag limit to not more than twelve bass and thirty other game fish in possession at one time and may make and agree to other reasonable rules and regulations with the Georgia authorities, not inconsistent with the laws of this State, and may change or alter them from time to time. Any rules and regulations so adopted by the authorized officials of the two states on the above subjects and not inconsistent with the laws of this State shall have the force and effect of law, after being published in newspapers circulating in the area at least once a week for three weeks and after copies thereof have been filed with the Secretary of State, as provided by law. Any reciprocal agreement so entered into shall contain a provision that either party thereto may cancel it upon ninety days' written notice to the other party.

Section 50-19-2250. Any person violating any of the provisions of this article, except Section 50-19-2210, or any of the rules or regulations adopted and promulgated under the authority thereof, is guilty of a misdemeanor and shall, upon conviction thereof, be subject to a fine of not less than ten nor more than one hundred dollars or imprisonment for not more than thirty days.

Article 37

Fishing in Lake Greenwood and Boyd's Mill

Section 50-19-2310. There shall be a closed season on the catching of striped bass in the waters of Lake Greenwood and Boyd's Mill, and it shall be unlawful for any person to have in possession on or immediately adjacent to the waters of the lake and Boyd's Mill any striped bass. The possession by any person of striped bass on or within one-half mile of the waters of the lake and in tributaries set forth in Section 50-19-2320 shall be deemed prima facie a violation of the provisions hereof. However, the season for catching striped bass may be opened at such time as investigation reveals the desirability of opening such season, and such opening may be done by the department with the approval of a majority of the members of the House of Representatives and a majority of the Senators from the counties adjoining the lake.

Section 50-19-2330. The department may use whatever methods are deemed wise and expedient to remove and control nongame fish in the waters of Lake Greenwood and its immediate tributaries and Boyd's Mill, provided that such methods are conducted under the supervision of personnel of the department.

Section 50-19-2400. Fishing shall be permitted from the bank of Lake Greenwood in that portion of the lake situate within the State Park in Greenwood County.

Section 50-19-2410. Except as otherwise provided in this article, any person found guilty of violating any of the provisions of this article except Section 50-19-2390 shall be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not more than thirty days, or both.

Article 39

Fishing in Keowee-Toxaway Lakes in Oconee and Pickens Counties

Section 50-19-2510. The regulations for fishing in the waters of Keowee-Toxaway Lakes in Oconee and Pickens Counties shall provide that no person shall have any rifle in his possession in any boat nor shall any person fire a rifle within one hundred yards from the shoreline of such waters.

Section 50-19-2520. The department, with the approval of a majority of the legislative delegations of the counties of Oconee and Pickens, may amend these regulations or make new ones as they become desirable. Section 50-19-2530. Any person violating any of the provisions of this article or any of the rules or regulations adopted and promulgated under the authority thereof is guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not less than ten nor more than one hundred dollars or imprisonment for not more than thirty days.

Article 41

Fishing in Waters of Hartwell Reservoir

Section 50-19-2610. The department may negotiate a reciprocal agreement with the authorities of the state of Georgia whereby any resident of Georgia properly licensed by that state may fish anywhere in the Hartwell Reservoir, with no other license being required, provided, any resident of this State, properly licensed by this State, shall be permitted the same privilege of fishing anywhere in the Hartwell Reservoir, with no other license being required.

Section 50-19-2620. The regulations for fishing in the waters of Hartwell Reservoir shall provide that no person shall have any rifle in his possession in any boat nor shall any person fire a rifle within one hundred yards from the shoreline of such waters.

Section 50-19-2630. The department, with the approval of a majority of the legislative delegations of the counties adjacent to the waters of Hartwell Reservoir, may amend these regulations or make new ones as they become desirable.

Section 50-19-2640. The department shall also negotiate for and enter into a reciprocal agreement with the authorized officials of the state of Georgia, adopting rules and regulations for the preservation and propagation of fish and game within the area, the recognition of the licenses and permits of one state by the other and the enforcement of the laws of the two states over the area involved. If necessary to reach such agreement or it is deemed advisable for the better protection and management of the game and fish of this area, the department may increase the bag limit prescribed by item (1) of Section 50-19-2620 to not more than twelve bass and thirty other game fish in possession at one time and may make and agree to other reasonable rules and regulations with the Georgia authorities, not inconsistent with the laws of this State, and may change or alter them from time to time. Any rules and regulations so adopted by the authorized officials of the two states, on the above subjects and not inconsistent with the laws of this State, shall have the force and effect of law after being published in newspapers circulating in the area at least once a week for three weeks and after copies thereof have been filed with the Secretary of State, as provided by law. Any reciprocal agreement so entered into shall contain a provision that either party thereto may cancel it upon ninety days' written notice to the other party.

Section 50-19-2650. Any person violating any of the provisions of this article or any of the rules or regulations adopted and promulgated under the authority thereof is guilty of a misdemeanor and shall, upon conviction, be fined not less than ten nor more than one hundred dollars or imprisoned for not more than thirty days.

Article 43

Fishing in Boundary Streams Above Hartwell Reservoir

Section 50-19-2710. Notwithstanding any provision of law to the contrary, the department is hereby authorized to establish and enforce such regulation of fishing in the boundary streams between this State and the state of Georgia above the Hartwell Reservoir as may be necessary to make the regulation by the two states uniform. The department is further authorized to enter into or modify such reciprocal agreements with the state of Georgia as may be necessary to accomplish the purpose of this section.

Article 45

Gigging for Fish in Salt Waters in Game Zone No. 6

Section 50-19-2810. All nonresidents of this State, before gigging for fish in the salt waters in Game Zone No. 11, shall first 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 or imprisonment for not less than thirty days for the first offense. The fine or imprisonment for each subsequent violation must be double the amount of the previous fines and imprisonments imposed upon the violator.

Section 50-19-2820. All residents of this State or freeholders of the counties within the zone, before gigging for fish in the salt waters in Game Zone No. 11, shall procure a resident gigging license, the fee for which is one dollar and ten cents. Any person violating the provision of this section, upon conviction, must be punished by a fine of not less than ten dollars or imprisoned for a period of not less than ten days for the first offense. The fine or imprisonment for each subsequent offense must be double that previously imposed against the violator.

Section 50-19-2830. The license must be procured from any county treasurer within Game Zone No. 11, his designated agents, or any authorized official of the department.

Section 50-19-2840. Upon conviction of any person of a second or subsequent violation of this article, any boats and equipment used by such person in such second or subsequent violation shall be confiscated and sold by the sheriff of the county wherein the violation occurred.

Section 50-19-2850. The proceeds from sales made under Section 50-19-2840 and all license fees and fines collected under the provisions of this article shall be forwarded monthly to the department.

Article 49

Fishing in Fairforest Creek in Union and Spartanburg Counties

Section 50-19-3010. Except as provided in Section 50-13-550, it shall be unlawful for any person to fish or catch fish of any kind in Fairforest Creek in Union and Spartanburg Counties, Game Zone No. 4, except with hook and line. Any person violating 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 for not less than ten days nor more than thirty days."

Names revised; commission changed to board

SECTION 1268. Chapter 20, Title 50 of the 1976 Code is amended to read:

"CHAPTER 20

South Carolina Recreational Fisheries Conservation and Management Act of 1991

Section 50-20-10. This chapter may be cited as the South Carolina Recreational Fisheries Conservation and Management Act of 1991.

Section 50-20-20. As used in this chapter, unless the context otherwise requires: (1) `Fishing' means: (a) catching, taking, landing, or harvesting marine fish; (b) attempting to catch, take, land, or harvest marine fish; (c) other activity reasonably expected to result in the catching, taking, landing, and harvesting of marine fish. (2) `Recreational fishermen' includes persons engaging or intending to engage in fishing for recreation only. (3) `Marine fish' includes all species of finfish, oysters, and clams in South Carolina's tidal waters. (4) `Charter fishing vessel' means a vessel used to transport marine recreational fishermen for hire and includes charter, party, and head boats. (5) `Tidal waters' means waters where the tide regularly rises and falls and in the areas defined in Section 50-17-30 corresponds to the existing freshwater/saltwater dividing lines seaward. (6) `Public fishing pier' refers to piers open to the public and which charge a fee to fish.

Section 50-20-30. (A) No person sixteen years of age or older may engage in fishing for recreation in South Carolina's tidal waters without a marine recreational fishing stamp issued pursuant to this chapter, except as provided in Section 50-17-660 and this chapter. (B) The stamp must be validated by the signature of the licensee across the face of the stamp. (C) No vessel may transport marine recreational fishermen for a fee without a charter fishing permit. No person may charge a fee to the public to fish from a pier without obtaining a marine public fishing pier permit. (D) The stamp and permit must be available for inspection at all times.

Section 50-20-40. (A) Charter fishing vessels shall maintain a log of the number of persons carried each day, number of hours engaged in fishing, and number and weight of fish by species caught each day. (B) Public fishing piers shall maintain a log of the number of persons fishing from that structure each day. (C) The logs must be submitted to the department once a month. A subsequent permit must not be issued unless the requirements of this section are met.

Section 50-20-50. The following stamps and permits must be made available throughout the State by the department or its authorized agents for issuance or sale and are issued for the time provided in Section 50-9-20: (1) marine recreational fishing stamp for residents and nonresidents. The annual fee for the issuance of the stamp is five dollars and fifty cents. Fifty cents may be retained by the issuing agent, and the balance must be paid to the department; (2) public fishing pier permit. The annual fee for the issuance of the permit is three hundred fifty dollars; (3) charter vessel permit. The annual fee for the issuance of the permit is one hundred fifty dollars for vessels licensed to carry six or fewer passengers, two hundred fifty dollars for vessels licensed to carry seven to forty-nine passengers, and three hundred fifty dollars for vessels licensed to carry more than forty-nine passengers. However, the annual fee for the issuance of the permit is forty dollars if the vessel carries only the passengers who hire the vessel.

Section 50-20-60. The following are exempt from purchasing the stamp: (1) fishermen using a hook and line from the shore or a shore-based structure; (2) fishermen fishing from a charter fishing vessel with a valid charter fishing permit or from a public fishing pier with a valid public fishing pier permit; (3) members of the United States Armed Forces who are residents of South Carolina stationed outside this State upon presentation of official furlough or leave papers; (4) persons exempted under Article 9, Chapter 9 of Title 50.

Section 50-20-70. If a coastal state which has or establishes a marine recreational fisheries stamp, license, or permit recognizes through statute, regulation, or reciprocal agreement the validity of a South Carolina marine recreational fisheries stamp or permit within its boundaries, South Carolina recognizes the validity of a marine recreational fisheries stamp, license, or permit held by residents of that state.

Section 50-20-80. The department may produce additional stamps as commemorative or collector's items which must be sold for not less than five dollars and fifty cents. The proceeds must be retained by the department.

Section 50-20-90. The department shall create and design the stamp and permit and develop marine recreational fisheries prints and related articles. The department is responsible for the administration, sale, and distribution of the stamps, permits, prints, and related articles.

Section 50-20-100. (A) Monies from the sale of the stamps, permits, prints, and related articles must be paid into a special account separate from the general fund. Monies in the account are carried forward each year and may be used to match available federal funds. They may be used only for the following programs which directly benefit marine recreational fishing: (1) development of marine recreational fishing facilities; (2) scientific research relating to management of marine recreational fisheries; (3) protection, maintenance, or enhancement of marine habitat important to the continued production of fish stocks and their food sources of significance to marine recreational fishing; (4) administrative and coastal enforcement activities for the issuance of stamps and permits and development of prints and related articles; (5) enforcement of the laws and fishery management regulations relating to marine recreational fisheries, including habitat protection; (6) other programs directly benefiting marine recreational fishing recommended by the Marine Recreational Fisheries Advisory Board provided in this chapter. (B) Funds from the special account expended for administration and coastal enforcement activities in subsection (A)(4) and (5) may not exceed twenty-five percent of monies paid into the account annually from the sale of stamps, permits, prints, and related articles. (C) Funds from the special account must be used to publish an annual report to be made available to stamp and permit holders to indicate how the previous year's funds were utilized.

Section 50-20-110. (A) A Marine Recreational Fisheries Advisory Board is established to assist in prioritizing the expenditures of monies received in the special account. The board is composed of: (1) one member of the board of the Department of Natural Resources; (2) two at-large members appointed by the Governor; (3) one member from each of the following coastal counties appointed by a majority of the respective legislative delegations: Beaufort, Charleston, Colleton, Georgetown, Horry, and Jasper. (B) The members in subsection (A)(2) and (3) shall represent the marine recreational fishing community. (C) Official expenses for board members are as provided by law for state employees on public business and must be paid from revenues from the sale of stamps, permits, prints, and related articles. (D) The terms of members in subsection (A)(2) and (3) are for four years and are limited to two consecutive terms.

Section 50-20-120. A person violating this chapter, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days."

Definitions; certain divisions changed to department; provisions for enforcement employment, and regulations and names revised

SECTION 1269. Chapter 21, Title 50 of the 1976 Code is amended to read:

"CHAPTER 21

Equipment and Operation of Watercraft

Article 1

General Provisions

Section 50-21-10. As used in this chapter unless the context clearly requires a different meaning: (1) `Vessel' means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. (2) `Boat' means any vessel (a) Manufactured or used primarily for noncommercial use; or (b) Leased, rented, or chartered to another for the renters' noncommercial use; or (c) Engaged in the carrying of six or fewer passengers. (3) `Motor boat' means any vessel equipped with propulsion machinery of any type whether or not such machinery is the principal source of propulsion. (4) `Associated equipment' means (a) Any system, part, or component of a boat as originally manufactured or any similar part or component manufactured or sold for replacement, repair, or improvement of such system, part, or component; (b) Any accessory or equipment for, or appurtenance to a boat and (c) Any marine safety article, accessory or equipment intended for use by a person on board a boat; but (d) Excluding radio equipment. (5) `Owner' means a person, other than a lienholder, who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitles him to such possession. (6) `Waters of the State' means any waters within the territorial limits of the State. (7) `Person' means an individual, partnership, firm, corporation, association, or other legal entity. (8) `Operator' means the person who operates or has charge or command of the navigation or use of a vessel. (9) `Passenger' means every person carried on board a vessel other than: (a) The owner or his representative (b) The operator (c) Bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services; or (d) Any guest on board a vessel which is being used exclusively for pleasure purposes who has not contributed any consideration, directly, or indirectly, for his carriage. (10) `Undocumented vessel' means a vessel which does not have and is not required to have a valid marine document issued by the United States Coast Guard or Federal agency successor thereto. (11) `Use' means operate, navigate, or employ. (12) `Reportable boating accident' means an accident, collision, or other casualty involving a vessel subject to this chapter which results in loss of life, injury which results in loss of consciousness, necessity for medical treatment, necessity to carry person from scene, disability which prevents the discharge of normal duties beyond the day of casualty, or actual physical damage to property including vessels in excess of one hundred dollars. (13) `Boat livery' means a business which holds any vessel for renting, leasing or charting. (14) `Department' means the South Carolina Department of Natural Resources.

Section 50-21-20. It is the policy of this State to promote safety for persons and property in and connected with the use, operation, and equipment of vessels and to promote uniformity of laws relating thereto.

Section 50-21-30. (1) The provisions of this chapter, and of other applicable laws of this State shall govern the operation, equipment, numbering and all other matters relating thereto whenever any vessel shall be operated on the waters of this State or when any activity regulated by this chapter shall take place thereon; but nothing in this chapter shall be construed to prevent the adoption of any ordinance or local law relating to operation and equipment of vessels the provisions of which are identical to the provisions of this chapter, amendments thereto, or regulations issued thereunder; provided, that such ordinances or local laws shall be operative only so long as and to the extent that they continue to be identical to provisions of this chapter, amendments thereto, or regulations issued thereunder. (2) Any subdivision of this State may, at any time, but only after three days' public notice make formal application to the department for special rules and regulations with reference to the operation of vessels on any waters within its territorial limits and shall set forth therein the reasons which make such special rules and regulations necessary or appropriate. (3) The department is hereby authorized to make special rules and regulations with reference to the operation of vessels on waters within the territorial limits of this State.

Section 50-21-40. The administration of this chapter shall be vested in the department. The department shall enforce this chapter through its Natural Resources Enforcement Division.

Section 50-21-45. Officers and employees of the Department engaged in the work of administering and enforcing the provisions of this chapter may administer oaths and acknowledge signatures and must do so without fee.

Section 50-21-50. The director shall employ or assign such clerical, administrative, technical and enforcement personnel as may be required to carry out the provisions of this chapter.

Section 50-21-60. The personnel to be employed for the enforcement of this chapter and all expenses and salaries in connection therewith shall first be submitted to and approved by the Budget and Control Board.

Section 50-21-70. The expenses and cost of administration of this chapter shall at no time exceed the revenue derived through the provisions of this chapter and funds received from the federal government for use in administering boating laws.

Section 50-21-80. Any person employed or elected by this State or political subdivision thereof, whose duty it is to preserve the peace or to make arrests or to enforce the law, including, but not limited to, members of the sheriff's departments, state police, enforcement officers, or deputies or other qualified persons may, upon recommendation of the appropriate agency, be empowered to enforce the provisions of this chapter. The department shall be primarily responsible for enforcement of this chapter and rules and regulations issued thereunder. Any such person shall also have the authority to stop and board any vessel subject to the provisions of this chapter or to any rule or regulation for the purpose of inspection or determining compliance with the provisions of this chapter and is empowered to issue a summons for appearance in court or before a magistrate or make arrest for violations of this chapter or of the rules and regulations prescribed thereunder. Every vessel subject to this chapter if underway and upon being hailed by a designated law-enforcement officer shall stop immediately and lay to, or shall maneuver in such a way as to permit such officer to come aboard.

Section 50-21-85. No person shall operate any vessel displaying, reflecting or flashing a blue light unless a duly commissioned law enforcement officer is on board. The operator of any vessel being approached by a vessel flashing a blue light shall stop or maneuver in such a way as to permit boarding, so far as possible without endangering his own vessel, and not begin normal movement again until directed by the law enforcement officer or until the vessel flashing a blue light has cleared the immediate area. The operator of any vessel approaching any area where a vessel flashing a blue light is located or patrolling shall slow his vessel to a no wake speed and shall maintain such speed until clear of the area. Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction shall be punished as provided in Section 50-21-150.

Section 50-21-90. The department is hereby authorized to inaugurate a comprehensive boating safety and boating educational program, and to seek the cooperation of boatmen, the federal government and other states.

Section 50-21-100. The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any vessel; the identification number thereof, and the departure date and time, and the expected time of return. The record shall be preserved for at least six months.

Section 50-21-105. The department may tow away and store at the nearest commercial marina or any other suitable facility any unattended watercraft, a watercraft the operator of which is ill, intoxicated, or under a disability which renders him incapable of functioning safely, or other object which constitutes a hazard to navigation and which is not within an anchorage area approved by the United States Coast Guard. The owner may regain control of the watercraft or other object by proving ownership to the operator of the facility and paying the fee charged for storage.

Section 50-21-110. (1) No person may use any motorboat, boat or vessel, or manipulate any water skis, aquaplane, surfboard, or similar device in a negligent manner so as to endanger the life, limb, or property of any person. (2) No person may use any motorboat, boat, or vessel, or use any water skis, aquaplane, surfboard, or similar device while under the influence of alcohol, any narcotic drug, barbiturate, marijuana or hallucinogen. (3) Any person convicted of negligent operation of a vessel or of operating a vessel while under the influence of intoxicating liquids, narcotic drugs, barbiturates, or marijuana, in addition to any other penalties, may be prohibited by the court having jurisdiction of such violation, from operating any vessel on any waters of this State for a period of not more than two years. Section 50-21-112. (A) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, operates, navigates, steers, or drives a moving vessel, or is in actual physical control of a moving vessel, or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device upon the waters of this State and does any act forbidden by law or neglects a duty imposed by law, which proximately causes great bodily injury or death of a person other than himself, is guilty of a felony and, upon conviction, must be punished: (1) by a fine of not less than five thousand dollars nor more than ten thousand dollars and imprisonment for not less than thirty days nor more than ten years when great bodily injury results; (2) by a fine of not less than ten thousand dollars nor more than twenty-five thousand dollars and imprisonment for not less than one year nor more than ten years when death results. (B) As used in subsection (A) `great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ. (C) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, operates, navigates, steers, or drives a vessel, or is in actual physical control of a moving vessel, or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device upon the waters of this State and does any act forbidden by law or neglects a duty imposed by law, which act or neglect proximately causes damage to property other than his own, or injury other than great bodily injury to a person other than himself, is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred nor more than two hundred dollars or imprisonment for not more than thirty days. (D) The department must suspend the privilege of a person who is convicted or who pleads guilty or nolo contendere under this section to operate, navigate, steer, or drive a vessel or be in actual physical control of a moving vessel or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device on waters of this State for a period to include any term of imprisonment plus: (1) three years in the case of death or great bodily injury; or (2) one year in the case of property damage or injury other than great bodily injury. (E) A person who, while operating privileges are under suspension, operates, navigates, steers, or drives a vessel or is in actual physical control of a moving vessel or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device, on waters of this State is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than two hundred dollars or imprisonment for not more than thirty days.

Section 50-21-114. (A) (1) A person who operates, navigates, steers, or drives a vessel, or is in actual physical control of a moving vessel, or manipulates any moving water skis, moving aquaplane, moving surfboard, or similar moving device, which is involved in a reportable boating accident or marine casualty upon the waters of this State, is considered to have given consent to a chemical test or analysis of his breath, blood, or urine to determine the presence of alcohol or drugs if arrested for an offense arising out of acts alleged to have been committed while the person was operating or in physical control of a moving vessel while under the influence of alcohol, drugs, or a combination of them. A test must be administered at the direction of a law enforcement officer who has apprehended a person for operating, navigating, steering, or driving a vessel, or being in actual physical control of a moving vessel, or manipulating any moving water skis, moving aquaplane, moving surfboard, or similar moving device upon the waters of this State while under the influence of alcohol, drugs, or a combination of them. At the direction of the arresting officer, the person first must be offered a breath test to determine the alcohol concentration of his blood. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious, dead, or for any other reason considered acceptable by licensed medical personnel, a blood sample may be taken. If the officer has reasonable grounds to believe the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the breath analysis reading is ten one-hundredths of one percent or above by weight of alcohol in the person's blood, the officer may not require additional tests of the person as provided in this chapter. (2) The breath test must be administered by a person trained and certified by the South Carolina Law Enforcement Division, SLED, using methods approved by SLED. The arresting officer may not administer the tests. Blood and urine samples must be taken by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, or other medical personnel trained to take the samples in a licensed medical facility. Blood samples or urine samples must be obtained and handled in accordance with procedures approved by SLED. No tests may be administered or samples taken unless the person has been informed that he does not have to take the test or give the samples but that his privilege to operate, navigate, steer, or drive a vessel, or be in actual physical control of a moving vessel, or manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device must be suspended or denied for one hundred eighty days if he refuses to submit to the tests. (3) A hospital, physician, qualified technician, chemist, or registered nurse who takes samples or conducts the test or participates in the process of taking the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or any other cause contending that the drawing of blood or taking of samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person taking the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or takes the samples. No person may be required by the arresting officer, or by any other law enforcement officer, to obtain or take any sample of blood or urine. (4) The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified of that right. A person's failure to request additional blood or urine tests is not admissible against the person in a criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples taken at the direction of the law enforcement officer. (5) The arresting officer shall provide reasonable assistance to the person to contact a qualified person to conduct additional tests. (6) SLED shall administer the provisions of this subsection and may promulgate regulations necessary to carry out its provisions. The cost of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State. A fee of fifty dollars is assessed, at the time of the sentencing, persons convicted of, pleading guilty or nolo contendere to, or forfeiting bond for violating Section 50-21-112. This fee must be forwarded by the county treasurer to the State Treasurer and credited to the general fund of the State to defray any costs incurred by SLED and individuals and institutions obtaining the samples forwarded to SLED. (B) In any criminal prosecution for a violation of Section 50-21-112 the amount of alcohol in the person's blood at the time of the alleged violation, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following inferences: (1) If there was at that time five one-hundredths of one percent or less by weight of alcohol in the person's blood, it is presumed conclusively that the person was not under the influence of alcohol. (2) If there was at that time in excess of five one-hundredths of one percent but less than ten one-hundredths of one percent by weight of alcohol in the person's blood, that fact does not give rise to any inference that the person was or was not under the influence of alcohol, but that fact may be considered with other competent evidence in determining the guilt or innocence of the person. (3) If there was at that time ten one-hundredths of one percent or more by weight of alcohol in the person's blood, it may be inferred that the person was under the influence of alcohol. (C) The provisions of this section may not be construed as limiting the introduction of other competent evidence bearing upon the question of whether or not the person was under the influence of alcohol, drugs, or a combination of them. (D) A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided by subsection (A). (E) If a person under arrest refuses, upon the request of a law enforcement officer, to submit to chemical tests provided in subsection (A), none may be given, but the department, on the basis of a report from the law enforcement officer that the arrested person was operating, navigating, steering, or driving a vessel, or was in actual physical control of a moving vessel, or was manipulating any moving water skis, moving aquaplane, moving surfboard, or similar moving device upon the waters of this State while under the influence of alcohol, drugs, or a combination of them, and that the person had refused to submit to the tests, shall suspend his privilege to perform the activity for one hundred eighty days. The one hundred eighty-day period of suspension begins with the day after the date of the notice required to be given, unless a hearing is requested as provided, in which case the one hundred eighty-day period begins with the day after the date of the order sustaining the suspension. The report of the arresting officer must include what grounds he had for believing the arrested person was conducting the above-mentioned activity while under the influence of alcohol, drugs, or a combination of them. If the arrested person took a chemical breath test but refused to provide a blood or urine sample, the report of the arresting officer must include the officer's grounds for believing the arrested person was under the influence of drugs other than alcohol. If a person who refuses, upon the request of a law enforcement officer, to submit to chemical tests as provided in subsection (A), pleads guilty or nolo contendere to, or forfeits bond for a violation of Section 50-21-112, within thirty days of arrest, the period of the suspension under this section must be canceled. (F) Upon suspending the operating privilege of a person, the department immediately shall notify the person in writing and upon his request give him an opportunity for a hearing as provided in Sections 50-9-1050(b) and 50-9-1060. The review must be scheduled by the department within twenty days after the receipt of the request. The scope of the hearing is limited to the issues of whether the person was placed under arrest, whether the person had been informed that he did not have to take the tests but that his privilege to operate a vessel would be suspended or denied if he refused to submit to the tests, and whether he refused to submit to the tests upon request of the officer. Upon review, the department either shall rescind its order of suspension or, if there is good cause, continue the suspension of the privilege. (G) If a boating accident or marine casualty involves a fatality, the coroner having jurisdiction, within forty-eight hours of receiving notification of the death, shall direct that a chemical blood test to determine blood alcohol concentration or the presence of drugs be performed on the deceased and that the results of the test be recorded properly in the coroner's report.

Section 50-21-115. When the death of any person ensues within one year as a proximate result of injury received by the operation of a boat in reckless disregard of the safety of others, the person operating the boat shall be guilty of reckless homicide. Any person convicted of reckless homicide or any person who enters a plea of guilty of reckless homicide and receives sentence thereon shall be punished by a fine of not less than one thousand dollars nor more than five thousand dollars or by imprisonment for not more than five years, or both. Any person convicted of reckless homicide, involuntary manslaughter, manslaughter or murder in the operation of a boat shall be prohibited by the court having jurisdiction of such violations from operating any boat in the waters of this State for a period of not more than five years.

Section 50-21-120. Neither the owner of a boat livery nor his agent or employees shall permit any of his vessels to depart from his premises unless it shall be in sound and safe operating condition, have a valid registration, be properly numbered and has been provided, either by the owner or the renter, with the equipment required pursuant to Section 50-21-610 and any rules and regulations made pursuant thereto; and the owner of a boat livery shall be liable for such damage or injury which may result directly from his failure to meet the requirements of this paragraph; provided, however, that readily identifiable livery boats of less than twenty-six feet in length leased or rented to another for the latter's noncommercial use for less than seven days may have the registration certificate retained ashore by the owner or his representative. The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of such vessel whether such negligence consists of a violation of the provisions of the statutes of this State or neglecting to observe such ordinary care in such operation as the rules of common law require. The owner shall not be liable, however, unless such vessel is being used with his or her express or implied consent or is in the possession of any person or organization legally responsible therefor. It shall be presumed that such vessel is being operated with the knowledge and consent of the owner if, at the time of the injury or damage, it is under control of a member of the owner's household. Nothing contained herein shall be construed to relieve any other person from any liability which he would otherwise have. Provided, the owner of a boat livery shall not be liable as an owner as provided in this paragraph, and in case of any negligent injury or damage occasioned by the operation of a vessel rented or hired from a boat livery, the operator of the vessel shall be liable as owner thereof.

Section 50-21-125. It is unlawful for any person to swim within fifty feet of a public boat landing or ramp located on a lake or reservoir constructed or developed by an investor-owned utility for hydroelectric generation. For the purposes of this section, a public boat landing or ramp is one owned or maintained by an investor-owned utility for hydroelectric generation and is available to the public at large. The no swimming area must be clearly marked and signs must be posted to give public notice that no swimming is allowed in the area. Watercraft shall slow to no wake speed when operated within two hundred feet of the landing or ramp. The department shall issue a sufficient number of signs to inform operators of motorboats that the area is a no wake zone. The signs must have printed on them `SLOW TO NO WAKE SPEED'. The provisions of this section do not apply in that portion of Game Zone No. 4 in Lancaster County.

Section 50-21-130. (1) It shall be the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as he can do so without serious danger to his own vessel, crew, passengers and guests, to render to other persons affected by the collision, accident, or other casualty such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident, or other casualty, and also to give his name, address, and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty. (2) Any person who complies with subsection (1) of this section or who gratuitously and in good faith renders assistance at the scene of a vessel collision, accident, or other casualty without objection of any person assisted, shall not be held liable for any civil damages as a result of the rendering of assistance or for any act or omission in providing or arranging salvage, towage, medical treatment, or other assistance where the assisting person acts as an ordinary, reasonably prudent man would have acted under the same or similar circumstances. (3) In the case of a reportable accident, the operator of any vessel involved shall file with the appropriate agency of the State wherein the accident occurred a full description of the accident, including such information as the agency may, by regulation, require. If the operator or owner is incapable of making such report the investigating officer shall submit such report. (4) Any such report shall be without prejudice, shall be for the information of the department and shall not be open to public inspection. Provided, however, the report shall be made available upon written request to any person injured or damaged in the accident, or to his attorney. The fact that such report has been made shall be admissible in evidence solely to show compliance with this section but no such report nor any part thereof nor any statement contained therein shall be admissible as evidence for any purpose in any civil trial. (5) The department shall make regulations to administer a State Casualty Reporting System which shall be in conformity with that established by the United States Coast Guard.

Section 50-21-135. There is established a no wake zone on the Ashley River within one hundred yards of the Dolphin Cove Marina in Charleston County. These boundaries must be marked clearly with signs. The signs must be designed and installed as specified by the department.

Section 50-21-137. There are established no wake zones on the Ashley River within five hundred feet of properties designated as National Historic Landmarks or listed on the National Register of Historic Places lying upstream from Interstate 526. These boundaries must be marked clearly with signs. The signs must be designed and installed as specified by the department.

Section 50-21-139. There is established a no wake zone to begin at the Highway 52 Bridge across the Tail Race Canal in Berkeley County and extending to a point one hundred yards below the Dock Restaurant located on the west bank of the canal. These boundaries must be clearly marked with signs. The signs must be designed and installed as specified by the department.

Section 50-21-140. In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the department pursuant to Sections 50-21-310 and 50-21-130 shall be transmitted to the official or agency of the United States for analytical and statistical purposes.

Section 50-21-145. On Lakes Keowee and Jocassee in Pickens and Oconee Counties all watercraft must slow to no wake speed when operating within two hundred feet of a public boat landing or ramp and it is unlawful for any person to swim within fifty feet of any public boat landing or ramp. The department shall issue and cause to be erected a sufficient number of signs to inform operators of motorboats that the area is a no wake zone.

Section 50-21-146. A person who discharges a firearm at a public boat landing or ramp is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-1-130.

Section 50-21-147. There is established a no wake zone to begin one hundred yards in a southwesterly direction upriver of the Kiawah Docking Facility and extending to a point one hundred yards in a northeasterly direction downriver of the facility. These boundaries must be clearly marked with signs. Expenses for the establishment and maintenance of signs in the area must be borne by the owners of the Kiawah Island Docking Facility. The signs must be designed and installed as specified by the department.

Section 50-21-148. It is unlawful to obstruct any pier, dock, wharf, boat ramp, or the access area to the facilities. Any vessel, vehicle, or other object left unattended which obstructs any of the facilities or the access to them may be removed entirely at the risk and expense of the owner. The department, with the advice of the Department of Transportation, shall erect signs at appropriate locations advertising the provisions of this section. 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 imprisoned for not more than thirty days.

Section 50-21-149. There is established a no wake zone on the Congaree River south of the City of Columbia between the Old Government Locks and the City of Cayce Pumping Station. All watercraft shall slow to a no wake speed at all times while operating in the zone. The department shall erect a sufficient number of signs to inform the boating public of the no wake zone.

Section 50-21-150. (1) Any person who violates any provision of Section 50-21-110 or the implementing regulations is guilty of a misdemeanor and upon conviction must be fined not less than fifty dollars nor more than two hundred dollars or be imprisoned for not more than thirty days for each violation. (2) Any person violating any provision of this chapter or any regulations adopted by the department pursuant to this chapter where the penalty is not specified is guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days for each violation.

Section 50-21-160. All fees or fines collected pursuant to this chapter must be held and utilized for the purpose of paying the expenses of the Natural Resources Enforcement Division of the department and other department operations. Twenty-five percent of all fines must be retained by the county in which the fine is levied.

Section 50-21-170. The statutes and regulations, including the United States Coast Guard Navigational Rules that pertain to watercraft and watercraft safety, associated marine equipment, performance and operation of watercraft, standard numbering and registration of watercraft, and boating accident reporting as enacted by the Congress of the United States or as promulgated by the appropriate department of the United States government, are the law of the State of South Carolina. Any person violating the provisions of the statutes or regulations, upon conviction, must be punished as provided in Section 50-21-150.

Article 3

Numbering

Section 50-21-310. Every vessel using the waters of this State shall be numbered except those exempt by Section 50-21-320. No person shall operate or give permission for the operation of any such vessel on such waters unless the vessel is numbered in accordance with this chapter or in accordance with applicable Federal law or in accordance with a Federally-approved numbering system of another state and unless (1) The certificate of number issued to such a vessel is on board and in full force and effect. (2) The identifying number set forth in the certificate of number is displayed on each side of the forward half of the vessel. (3) The decals issued by the department are attached to each side of the bow of the boat within six inches following the identifying number. Such decals, when a certificate of number is issued or renewed, shall be deemed a part of the registration number.

Section 50-21-320. (1) A vessel shall not be required to be numbered under this chapter if it is: (a) Covered by a certificate of number in full force and effect which has been issued to it pursuant to Federal law or a federally approved numbering system of another state; provided, that such vessel shall not be used on the waters of this State for a period in excess of ninety consecutive days. (b) From a country other than the United States and temporarily using the waters of this State. (c) A vessel whose owner is the United States except recreational type vessels. (d) A vessel whose owner is the United States, a state or political subdivision thereto used for governmental purposes and which is clearly identifiable as such. (e) A vessel's lifeboat, if the boat is used solely for lifesaving purposes. (f) A vessel belonging to a class of boats which has been exempted from numbering by the department after the department has found that the federal government has exempted such vessel or class of vessels from their numbering provisions or as otherwise permitted by the federal government. (g) Documented by the United States Coast Guard or a Federal agency successor thereto. (h) When operating temporarily by virtue of visible evidence that a recent application for a certificate of number has been submitted. (i) Sailboats and paddle boats when no propulsion machinery of any description is installed in or attached to the boat. (2) Nothing in this chapter prohibits the numbering of any undocumented vessel hereunder upon request by the owner even though such vessel is exempt from the numbering requirements of this chapter.

Section 50-21-330. In the event that an agency of the United States Government shall have in force an overall system of identification (numbering) for vessels within the United States, the numbering system employed pursuant to this chapter by the department shall be in conformity therewith.

Section 50-21-340. The owner of each motorboat requiring numbering by this chapter shall file an application for a number with the department on forms approved by it. The application shall be signed by the owner of the motorboat and shall be accompanied by a fee of ten dollars. Upon receipt of the application in approved form, the department shall enter the same upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat and the name and address of the owner. The certificate of number shall be pocket size.

Section 50-21-350. The department may issue any certificate of number directly or may authorize any person to act as agent for the issuing thereof. In the event that a person accepts such authorization, he may be allotted a block of numbers and certificates therefor which upon assignment and issue in conformity with this chapter and with any rules and regulations of the department adopted pursuant to this chapter shall be valid as if assigned and issued directly by the department.

Section 50-21-360. The owner shall paint on or attach to each side of the forward half of the vessel the identification number in such a manner as may be prescribed by rules and regulations of the department; in order that it may be clearly visible the number shall be maintained in legible condition. No number other than the number validly assigned to a vessel shall be painted, attached or otherwise displayed on each side of the forward half of such vessel. Only one valid number may be displayed at any time.

Section 50-21-370. Every certificate of number awarded pursuant to this chapter shall continue in full force and effect for a period of three years unless sooner terminated or discontinued in accordance with the provisions of this chapter. Certificates of number may be renewed by the owner in the same manner provided for in the initial securing of such certificates. The department shall fix a day and month of the year on which certificates of number due to expire during the calendar year shall lapse and no longer be of any force and effect unless renewed pursuant to this chapter.

Section 50-21-380. (A) When the ownership of a motorboat changes, the purchaser shall file an application for transfer of registration, together with the payment of a fee of three dollars, and a certificate of transfer must be awarded. Such application for transfer must be made by the purchaser within twenty days from date of purchase. The purchaser may operate the motorboat for a period of thirty days while the transfer of registration is being completed and may prove his ownership by producing the bill of sale or copy during the thirty-day period. (B) The provisions of this section requiring a fee do not apply to any watercraft owned by volunteer rescue squads used exclusively for the purposes of the squads.

Section 50-21-390. (1) The owner shall furnish the department written notice of the transfer of all or any part of his interest other than the creation of a security interest in a vessel numbered in this State pursuant to this section, or the destruction, abandonment or documentation of such vessel within fifteen days thereof. Such transfer, destruction, abandonment or documentation shall terminate the certificate of number for such vessel except that in the case of a transfer of a part interest which does not affect the owner's right to operate such vessel, such transfer shall not terminate the certificate of number. (2) No further registration shall be allowed an owner who does not comply with this section. (3) The certificate of number is invalid when the person whose name appears on the certificate involuntarily loses his interest in the numbered vessel by legal process.

Section 50-21-400. Any holder of a certificate of number shall notify the department in writing within fifteen days if his address no longer conforms to the address appearing on the certificate and shall, as part of such notification, furnish the department with his new address.

Section 50-21-410. Any person may request from the department vessel numbering and registration information which is retrievable from vessel numbering system records of the issuing authority. When the department is satisfied that the request is reasonable and related to a boating safety purpose, the information shall be furnished upon payment by such person of the costs of retrieval and furnishing of the information requested, except the entire file need not be sold or issued if the department deems otherwise.

Section 50-21-420. No vessel constructed after November 1, 1972, shall be offered for sale in this State unless the hull identification number is permanently displayed and affixed in accordance with United States Coast Guard rules and regulations.

Article 5

Construction, Equipment and Safety Standards

Section 50-21-610. (1) The department may promulgate regulations which establish boat construction or associated equipment performance or other safety standards. (2) In order that boatmen may pass from jurisdiction to jurisdiction in an unhindered manner: (a) Regulations promulgated by the department which establish any boat construction or associated equipment, performance or other safety standard shall be identical to Federal Regulations for enforcement purposes except that regulations requiring the carrying or using of marine safety articles to meet uniquely hazardous conditions or circumstances within this State may be adopted; and if regulations for such safety articles are not disapproved by the United States Coast Guard, regulations shall not be in conflict with Federal requirements; (b) Operational regulations and other equipment regulations such as for mufflers shall not be in conflict with Federal requirements.

Article 7

Aids to Navigation and Regulatory Markers

Section 50-21-710. (1) As used in this section: (a) `Aids to navigation' means any device designed or intended to assist a navigator to determine his position or safe course or to warn him of danger or obstructions to navigation. (b) `regulatory markers' means any device which indicates to a vessel operator the existence of dangerous areas as well as those which are intended to restrict or control, such as speed zones and areas dedicated to a particular use or to provide general information and directions. This includes bathing markers, speed zone markers, information markers, danger zone markers, boat keep out areas, mooring buoys, wharves, docks, obstructions or hazards to navigation and any activity, object or construction in the waters of the State. (2) The department may make rules for the uniform marking of the water areas in this State through the placement of aids to navigation and regulatory markers. Such rules shall establish a marking system compatible with the system of aids to navigation prescribed by the United States Coast Guard. No city, county, or person shall mark or obstruct the waters of this State in any manner so as to endanger the operation of watercraft or conflict with the marking system prescribed by the department. (3) The operation of any vessel within prohibited areas that are marked shall be prima facie evidence of negligent operation. (4) It shall be unlawful for a person to operate a vessel on the waters of this State in a manner other than that prescribed or permitted by regulatory markers. (5) No person shall moor or fasten a vessel to or willfully damage, tamper, remove, obstruct, or interfere with any aid to navigation or regulatory marker established pursuant to this chapter. (6) Any person who violates any provision of an aid to navigation, of a regulatory marker or of a rule and regulation is guilty of a misdemeanor.

Article 9

Waterskis, Aquaplanes, Surfboards and Like Devices

Section 50-21-810. No person shall operate a motorboat on any waters of this State for towing a person or persons on water skis, or an aquaplane, or similar device, unless there is in such motorboat a person, in addition to the operator, in a position to observe the progress of the person or persons being towed or such motorboat is equipped with a wide-angle rear-view mirror mounted in such a manner as to permit the operator of the motorboat to observe the progress of the person or persons being towed.

Section 50-21-820. No person shall operate a vessel on any waters of this State towing a person or persons on water skis, aquaplane, a surfboard, or similar devices, nor shall any person engaged in water skiing, aquaplaning, surfboarding, or similar activity at any time between the hours from sunset to sunrise.

Section 50-21-830. The provisions of Sections 50-21-810 and 50-21-820 do not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under Section 50-21-1010.

Section 50-21-840. No person shall operate or manipulate any vessel, tow rope or other device by which the direction or location of water skis, a surfboard, or similar device may be affected or controlled in such a way as to cause the water skis, surfboard, or similar device, or any person thereon to collide with or strike against any object or person.

Section 50-21-850. No person shall water ski or ride on a surfboard or similar object unless he is wearing a ski belt, a life preserver, or similar equipment which will keep the person afloat should he fall or be thrown into the water. Participants in scheduled water ski tournaments or shows sponsored by a recognized water ski club are exempt from this requirement. Persons holding ratings of first class or higher in the American Water Ski Association are exempt from this requirement. Windsurfers and sailboarders are exempt from this requirement.

Section 50-21-855. Notwithstanding any other provision of law or Regulation 123.1 of the department, the department may not enforce any regulation requiring windsurfers and sailboarders to wear or carry personal flotation devices.

Section 50-21-860. As used in this section, `airboat' means a watercraft propelled by air pressure caused by a motor mounted on the watercraft aboveboard. (A) It is unlawful for a person to operate an airboat on the public waters of this State from the freshwater-saltwater dividing line, established by Section 50-17-35, seaward. (B) It is unlawful to operate an airboat on waters on that portion of Lake Marion and Santee Swamp west of the I-95 bridge upstream to the confluence of the Congaree and Wateree Rivers during the season for hunting waterfowl. Any person violating the provisions of this section, upon conviction, must be punished as provided by Section 50-1-130. The provisions of this section do not apply to the operation of airboats by law enforcement, emergency medical, civil defense, noxious weed control, military personnel, state and federally approved wildlife banding, surveying, biological research programs, and private waters.

Article 11

Regatta and Like Exhibitions

Section 50-21-1010. (1) The department may regulate the holding of regattas, races, marine parades, tournaments or exhibitions which, by their nature, circumstance or location will introduce extra or unusual hazards to the safety of life on any waters of this State. It shall adopt and may amend regulations concerning the safety of boats, motorboats and vessels and persons thereon, either observers or participants. Whenever a regatta, race, marine parade, tournament or exhibition is proposed to be held the person in charge thereof shall, at least thirty days prior thereto, file an application with the department for permission to hold such regatta, motorboat or other boat race, marine parade, tournament or exhibition. The application shall set forth the date, time and location where it is proposed to hold such regatta, race, marine parade, tournament or exhibition and such other information as the department may by regulation require and it shall not be conducted without written authorization of the department. (2) The provisions of this section shall not exempt any person from compliance with applicable Federal law or regulation but nothing contained herein shall be construed to require the securing of a State permit pursuant to this section if a permit therefor has been obtained from an authorized agency of the United States."

Certain divisions revised or changed to department; names revised

SECTION 1270. Chapter 23, Title 50 of the 1976 Code is amended to read:

"CHAPTER 23

Titling of Watercraft and Outboard Motors

Section 50-23-10. As used in this chapter, unless the context clearly requires a different meaning: (a) `Vessel' means every description of watercraft other than seaplane used or capable of being used as a means of transportation on water. (b) `Outboard motor' means any completely self-contained propulsion system, excluding the fuel supply, which is used to propel a watercraft and which is detachable from such watercraft as a unit. No outboard motor of less than five horsepower or its equivalent shall be required to be titled under the provisions of this chapter. (c) `Security interest' means an interest which is reserved or created by an agreement and which secures payment or performance of an obligation and is valid against third parties generally. (d) `Owner' means a person, other than a lienholder, having the property in or title to a watercraft or outboard motor. The term includes a person entitled to the use or possession of a watercraft or outboard motor, subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security or a vendor under a conditional sales contract. (e) `Lienholder' means a person holding a security interest. (f) `Person' means an individual, partnership, firm, corporation, association or other entity. (g) `Division' means the Natural Resources Enforcement Division of the department, the state agency designated to issue certificates of title for watercraft or outboard motors, and its duly authorized representatives. (h) `Manufacturer' means any person engaged in the business of manufacturing new and unused watercraft, or new and unused outboard motors, for the purpose of sale or trade. (i) `Marine dealer' means a person who engages primarily or secondarily in the business of buying, selling, exchanging, or servicing watercraft or outboard motors new or used on outright or conditional sale, bailment, lease, chattel mortgage, or otherwise, and who has an established place of business for the sale, trade, and display of such watercraft or outboard motors, or both. A marine dealer shall have a proper business license for each facility not under the same roof and shall sell a minimum of ten watercraft or outboard motors each calendar year to renew his permit. Exclusions must be for sale at organized marine dealer association boat shows. Each dealer shall make application to the department annually for a dealer's permit with a fee of ten dollars for each facility on forms prescribed by the department. A permit is valid for the calendar year and must be displayed in a prominent place for public view. Renewal applications must be received by December fifteenth each year. Permitted marine dealers are eligible for demonstration numbers. A marine dealer licensed under this section shall consent to public or random inspections of his or its business as provided in Section 50-23-185. A dealer refusing the inspections forfeits his license immediately and permanently. (j) `Marina' means a facility which provides mooring or dry storage for watercraft on a leased or rental basis. (k) `Boat livery' means a business which holds a vessel for renting, leasing, or chartering. (l) `Dealer's permit' means a certificate issued by the department to recognize a properly licensed marine business and to extend the privilege of using dealer registration numbers on boats for demonstration purposes and assignment on appropriate documents. Any abuse of these privileges may result in termination of the dealer's permit.

Section 50-23-20. Every owner of a watercraft or outboard motor, or both, principally used in this State shall make application to the department for a certificate of title for the watercraft and a separate certificate of title for the outboard motor.

Section 50-23-24. Neither the owner of a boat livery nor his agent or employees may permit any of his vessels to depart from his premises unless it is registered properly, numbered, and titled.

Section 50-23-30. The provisions of this chapter do not apply to any watercraft which has a valid marine document issued by the Bureau of Customs of the United States Government or a federal agency successor, commercial barges, windsurfers, and watercraft that are propelled exclusively by human power with oars, paddles, or similar devices.

Section 50-23-40. No person shall sell or otherwise dispose of a watercraft or outboard motor without delivering to the purchaser or transferee a certificate of title with such assignment thereon as is necessary to show title in the purchaser or transferee; nor shall any person purchase or otherwise acquire a watercraft or outboard motor without obtaining a certificate of title for it in his name.

Section 50-23-50. (a) No person acquiring a watercraft or outboard motor from another person shall acquire any right, title, claim or interest in or to such watercraft or outboard motor until such person has had issued to him a certificate of title to such watercraft or outboard motor, or delivered to him a manufacturer's or importer's certificate for it; nor shall any waiver or estoppel operate in favor of such person against a person having possession of such certificate of title, or manufacturer's or importer's certificate for such watercraft or outboard motor, for a valuable consideration. (b) No court in any case at law or in equity shall recognize the right, title, claim or interest of any person in or to any watercraft or outboard motor sold or disposed of, or mortgaged or encumbered, unless evidenced: (1) By a certificate of title or a manufacturer's or importer's certificate, or (2) By admission in the pleadings or stipulation of the parties.

Section 50-23-60. (A) Every owner of a watercraft or outboard motor subject to titling under the provisions of this chapter shall make application to the department for the issuance of a certificate of title for such watercraft or outboard motor accompanied by the required fee and upon the appropriate form or forms prescribed and furnished by the department. The application shall be signed by the owner and shall be sworn to before a notary public or other officer empowered to administer oaths. Every application for a certificate of the title shall contain: (1) The name, residence and mail address of the owner; (2) For watercraft, a description of such watercraft including its make, model, year, length, the principal material used in construction, builder's hull number, hereinafter defined in Section 50-23-170, and the manufacturer's engine serial number if an inboard; for an outboard motor, its make, model, year, horsepower and manufacturer's serial number; (3) The date of purchase by the applicant, the name and address of the person from whom the watercraft or outboard motor was acquired, and the names and addresses of any persons having any security interest therein in the order of their priority; and (4) Such further information as may reasonably be required by the department to enable it to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the watercraft or outboard motor. (B) Every dealer selling or exchanging a watercraft or outboard motor subject to titling under this chapter shall make application to the department for a new title in the name of the purchaser before delivering the watercraft or outboard motor to the purchaser. The application must contain the name and address of any lienholder holding a security interest created or reserved at the time of sale and the date of his security agreement. It must be signed by the dealer showing the assigned dealer identification numbers, as well as by the owner, and the dealer shall mail or deliver the application to the department within twenty days of the sale. (C) If a dealer buys or acquires a used watercraft or outboard motor for the purpose of resale and such watercraft or outboard motor is already covered by a certificate of title which is surrendered to him by the owner or lienholder at the time of delivery of the watercraft or outboard motor, the dealer need not send the certificate to the department at that time. Upon transferring the watercraft or outboard motor to another person, other than by creation of a security interest, he shall within twenty days of sale execute the assignment and warranty of title by a dealer, showing the name and address of the transferee and any lienholder and the date of his security agreement, in the spaces provided, on the certificate to the department with the transferee's application for a new certificate. (D) In the event application for certificate of title is made for a watercraft or outboard motor last previously registered in another state or foreign country, the application shall contain or be accompanied by: (1) Any certificate of title issued by the other state or foreign country; (2) Any other information or documents the department reasonably requires to establish the ownership of the watercraft or outboard motor and the existence or nonexistence of security interests in it; or (3) In the event the state or foreign country in which the watercraft or outboard motor was last previously registered does not issue certificates of title, a proper bill of sale or sworn statement of ownership, or any evidence of ownership as may be required by the law of the state or foreign country from which the watercraft or outboard motor was brought into this State, plus any other information or documents the department reasonably requires to establish the ownership of the watercraft or outboard motor and the existence or nonexistence of security interests in it. (E) An application except those from marine dealers presented after twenty days is subject to a late penalty of ten dollars for the twenty-first day through the thirtieth day and fifteen dollars for the thirty-first day and thereafter.

Section 50-23-70. (A) A fee of three dollars shall accompany each application for a certificate of title, as required by the provisions of this chapter, with the exception of those applications for duplicates of certificates of title which must be accompanied by a fee of one dollar. Any watercraft which is propelled by land with oar, paddle, or similar device shall not require a certificate of title unless the owner requests such a certificate. (B) The provisions of this section requiring a fee do not apply to the motorboats owned by volunteer rescue squads used exclusively for the purpose of the squads.

Section 50-23-80. (A) The department shall file each application for certificate of title which is received by it, provided it is accompanied by the required fee and complies in all other respects with this chapter. When satisfied that the application is in proper form, that the applicant is the owner of the watercraft or outboard motor, and that there is no security interest in the watercraft or outboard motor not disclosed in the application, the department shall issue a certificate of title to the watercraft or outboard motor. (B) The department shall maintain a record of all certificates of title issued by it: (1) Under a distinctive title number assigned to a watercraft or outboard motor; (2) Under the identification number awarded to a watercraft in accordance with the registration and numbering act of the state in which it is registered. If the State requires outboard motors to be registered separately, the department shall keep the motor registration numbers in its titling records; (3) Alphabetically, under the name of the owner; and (4) In the discretion of the department, in any other method it determines. (C) All records of the department relating to the titling of watercraft or outboard motors shall be public records. (D) If the department is not satisfied that the applicant for a certificate of title to a watercraft or outboard motor is the bona fide owner of such watercraft or outboard motor and that there is no security interest in it not disclosed in the application, the department shall withhold the issuance of a certificate of title until the applicant reasonably satisfies the department that the applicant is the owner of the watercraft or outboard motor and that there are no undisclosed security interests in it.

Section 50-23-90. (a) Each certificate of title issued by the department shall contain: (1) The date issued; (2) The name and address of the owner; (3) The names and addresses of any lienholders, in the order of priority as shown on the application or, if the application is based on a certificate of title, as shown on the certificate; (4) The title number assigned to the watercraft or outboard motor; (5) A description of the watercraft including its make, model, year of manufacture, or year model, registration number and manufacturer's serial number or, if none, the builder's hull number assigned to the watercraft by the department, length, and the principal material used in construction; (6) On the reverse side of the certificate, spaces for assignment of title by the owner or by the dealer and for a warranty that the signer is the owner and that there are no mortgages, liens or encumbrances on the watercraft or outboard motor except as are noted on the face of the certificate of title; and (7) Any other data the department prescribes. (b) A certificate of title issued by the department is prima facie evidence of the facts appearing on it.

Section 50-23-100. Certificates of title shall be issued in duplicate. The copy shall be retained and filed by the department. The original certificate of title shall be mailed to the first lienholder named in it or, if none, to the owner named in it.

Section 50-23-110. (a) No dealer shall purchase or acquire a new watercraft or outboard motor without obtaining from the seller thereof a manufacturer's or importer's certificate. (b) No manufacturer, importer, dealer or other person shall sell or otherwise dispose of a new watercraft or outboard motor to a dealer for purposes of display and resale without delivering to such dealer a manufacturer's or importer's certificate. (c) The manufacturer's or importer's certificate must be a uniform or standardized form prescribed by the department and must contain: (1) a description of watercraft or outboard motor, including its trade name, if any, year of manufacture, series or model, body type, and manufacturer's serial number, length, construction, or horsepower; (2) certification of date of transfer of watercraft or outboard motor, and name and address of transferee; (3) certification that this was a transfer of watercraft or outboard motor in ordinary trade and commerce; (4) the signature and address of a representative of the transferor; (5) on the reverse side of each manufacturer's or importer's certificate an assignment form, including the name and address of the transferee, a certification that the watercraft or outboard motor is new, and a warranty that the title at the time of delivery is subject only to liens and encumbrances set forth and described in full in the assignment.

Section 50-23-120. (a) The owner at the time of delivery of the watercraft or outboard motor shall execute the assignment and warranty of title to the transferee in the space provided on the back of the certificate of title. In the event the title is voided, due to a change, cancellation of an assignment on a title due to error, or failure of a purchase to materialize the owner shall make application for a duplicate title within five days. (b) The transferee or purchaser shall obtain a new certificate of title by application to the department accompanied by the required fee and upon the form or forms prescribed and furnished by the department. Such application for certificate of title shall be filed within twenty days after the delivery to him of the watercraft or outboard motor. (c) Upon request of the owner or transferee, a lienholder in possession of the certificate of title shall, unless the transfer was a breach of his security agreement, either deliver the certificate to the transferee for delivery to the department, or mail or deliver it directly to the department. The delivery of the certificate does not affect the rights of the lienholder under his security agreement. (d) If a lien or encumbrance is first created at the time of transfer of ownership, the certificate shall be retained by or delivered to the person who becomes the lienholder.

Section 50-23-130. (a) If the ownership of a watercraft or outboard motor is transferred by operation of law, such as by inheritance, devise or bequest, order in bankruptcy, insolvency, replevin, or execution sale, or satisfaction of mechanic's lien, or repossession upon default in performance of the terms of a security agreement, the transferee shall, except as provided in subsection (b), promptly mail or deliver to the department the last certificate of title, if available, or the manufacturer's or importer's certificate, or, if that is not possible, satisfactory proof of the transfer of ownership, and his application for a new certificate of title accompanied by the required fee, and upon the appropriate form or forms prescribed and furnished by the department. (b) If the ownership of a watercraft or outboard motor is terminated in accordance with the terms of a security agreement by a lienholder named in the certificate of title, the transferee shall promptly mail or deliver to the department the last certificate of title, his application for a new title accompanied by the required fee and upon the form or forms prescribed and furnished by the department, and an affidavit by the lienholder or his authorized representative, setting forth the facts entitling him to possession and ownership of the watercraft or outboard motor, together with a copy of the journal entry, court order or instrument upon which such claim of possession and ownership is founded. If the lienholder cannot produce such proof of ownership, he may submit such evidence as he has with his application to the department, and the department may, if it finds the evidence to be satisfactory proof of ownership, issue a new certificate of title. (c) If a lienholder succeeds to the interest of an owner in a watercraft or outboard motor by operation of law and holds such watercraft or outboard motor for resale, he need not secure a new certificate of title thereto but, upon transfer to another person, shall promptly mail or deliver to the transferee or to the department the certificate, affidavit and such other documents as the department may require.

Section 50-23-135. (A) A person who comes into possession of an abandoned, junked, adrift, destroyed, or salvaged watercraft or outboard motor shall notify the department in writing of possession within ten days of acquiring possession. No person in possession may acquire any right of ownership or sell a watercraft or outboard motor under this chapter without first obtaining a title. If a security interest has been perfected, the person in possession shall notify the lienholder by certified mail, return receipt requested, giving thirty days for response. The person in possession who lays claim to a watercraft or outboard motor is required to submit an affidavit to the department setting forth the circumstances under which he came into possession of the watercraft or outboard motor and such information as the department requires. An owner who abandons or junks a watercraft or outboard motor, either on the land or waters of the State, shall notify the department immediately in writing and deliver to it any title or, if the title is lost or destroyed, a sworn statement of that fact within ten days of the abandonment. A person in possession of an abandoned or junked watercraft or outboard motor: (1) whose owner of record has complied with this subsection may make application to the department on forms prescribed by the department for titles and transfer of ownership and after satisfying any security interest, if any, and proof of payment of taxes a title must be issued to the person; (2) whose owner of record has not complied with this subsection shall contact the owner to get proper titles, duplicate title application, and bills of sale as necessary to transfer ownership after satisfying any security interest. The person in possession shall make application to the department within twenty days with appropriate documents; (3) whose owner failed to comply with this subsection and cannot be located shall send a certified letter, return receipt requested, to the owner's last known address, and advertise three times, seven days apart, in a newspaper of local circulation in the county where the watercraft or outboard motor was found giving a description including the make, model, length or horsepower, and year. The application for title must be accompanied by the newspaper certification of the advertisement and the dates printed, copies of the advertisement, and certified letter; (4) who does not desire to sell or obtain ownership may forfeit the watercraft or outboard motor to the department which may sell it at any department public auction or destroy it after every reasonable effort to locate the owner. (B) A person finding a watercraft or outboard motor submerged, a watercraft, or watercraft with an outboard motor that is adrift on the waters of the State or one that has drifted onto land, and salvages the watercraft or outboard motor from the waters of the State, shall comply with subsection (A) to determine the owner giving the serial number, make, year, model, length or horsepower, or hull identification number, serial number, or registration number. (1) If the owner of record is located, the person in possession of the watercraft or outboard motor shall notify the owner by certified mail, return receipt requested, advising of the reasonable cost of securing, storage, or salvage, and the time limit for response from the date received or presented. Any person who secures, stores, or salvages a watercraft or outboard motor shall acquire a lien against the watercraft or outboard motor senior to an existing lienholder. However, this does not apply to the department for a violation of this chapter. If the owner does not respond, the person in possession may apply for a duplicate title on a form provided by the department with his lien shown and advertise the watercraft or outboard motor for sale at public auction three times, seven days apart, in a paper of local circulation giving the make, year, model, length, or horsepower. The seller shall deduct his reasonable expenses and, after the satisfaction of any other lien, pay any proceeds to the owner upon application. (2) If the person in possession of the watercraft or outboard motor desires the watercraft or outboard motor for personal use he shall notify the owner of record and all lienholders by certified mail, return receipt requested, with a time of response of thirty days from receipt of the letter. If the owner does not respond, the person in possession may make application on a form prescribed by the department. A title obtained pursuant to this subparagraph is subject to any lien of record previously listed on the watercraft or motor. (C) A person in possession of an abandoned, junked, drifted, or salvaged watercraft or outboard motor who fails to comply with this section is guilty of a misdemeanor and subject to penalties prescribed by Section 50-23-280(a).

Section 50-23-140. (a) All liens, mortgages and encumbrances noted upon a certificate of title take priority according to the order of time in which they are noted thereon by the department. All such liens, mortgages, and encumbrances shall be valid as against the creditors of the owner of a watercraft or outboard motor, whether armed with process or not, and against subsequent purchasers of any such watercraft or outboard motor, or against holders of subsequent liens, mortgages or encumbrances upon such watercraft or outboard motor. (b) When a lien is discharged, the holder shall note that fact on the face of the certificate of title over his notarized signature. Prior to delivering the certificate to the owner, the holder shall present it to the department for the purpose of having the department note the cancellation of his lien on the face of the certificate of title and upon the titling records of the department. (c) A security interest is perfected by the delivery to the department of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the lienholder and the date of his security agreement, and the required fee. It is perfected as of the time of its creation if the delivery is completed within twenty days of its creation, otherwise, as of the time of the delivery.

Section 50-23-150. (a) If a certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the first lienholder or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, may obtain a duplicate by application to the department, furnishing such information concerning the original certificate and the circumstances of its loss, mutilation or destruction as may be required by the department. (b) The duplicate certificate of title shall be a certified copy plainly marked `duplicate' across its face. It shall be mailed to the first lienholder named in it or, if none, to the owner. (c) In case an original certificate of title is mutilated or rendered illegible, such mutilated or illegible certificate shall be returned to the department with the application for a duplicate. (d) In the event a lost or stolen original certificate of title for which a duplicate has been issued is recovered, it shall be surrendered promptly to the department for cancellation.

Section 50-23-160. When a watercraft or outboard motor covered by a certificate of title is scrapped, dismantled, destroyed or changed in such manner that it loses its character as a watercraft or outboard motor, or changed in such manner that it is not the watercraft or outboard motor described in the certificate of title, whoever is named as owner in the last certificate of title shall promptly cause the certificate to be mailed or delivered to the department. Thereupon the department shall, with the consent of any lienholders noted on the certificate, cancel the certificate.

Section 50-23-170. (a) If a watercraft contains a permanent identification number placed on it by the manufacturer, the manufacturer's serial number must be used as the builder's hull number. If there is no manufacturer's serial number, or if the manufacturer's serial number has been removed or obliterated, or if the watercraft is homemade, the department, upon application, shall assign a permanent identification number which must be used as the builder's hull number for the watercraft, and this assigned number must be affixed permanently to or imprinted by the applicant, at the place and in the manner designated by the department, upon the watercraft for which the builder's hull number is assigned. `Homemade watercraft or outboard motor' means any watercraft or outboard motor which is built by an individual for personal use from raw materials which does not require the assignment of a federal hull identification number or serial number by a manufacturer pursuant to federal law. An individual may build or furnish raw materials to a builder under a contract to build a homemade watercraft or outboard motor to desired specifications. A copy of the contract, specifications, and bill of sale for raw materials must accompany registration and title application. The person furnishing materials under a contract may be considered the builder. A rebuilt or reconstituted watercraft or outboard motor in no event may be construed to be homemade. Every homemade watercraft must be certified as meeting safety standards of the United States Coast Guard before it can be sold by the builder. Certification must be furnished to the purchaser and a copy accompany applications for transfer to the department. (b) Every outboard motor must have a permanent identification number placed on it in at least two locations by the manufacturer. This number must be used as the serial number. If there is no manufacturer's serial number, or if the manufacturer's serial number has been removed for a valid reason or obliterated, the department, upon a prescribed application, may assign a serial number for the outboard motor, and this assigned serial number must be affixed permanently to or imprinted by the applicant, at the place and in the manner designated by the department, upon the outboard motor for which such serial number is assigned. (c) No newly manufactured watercraft or outboard motor may be sold or offered for sale by any person in this State unless the watercraft or outboard motor has a hull identification number or serial number permanently affixed and the number also must be affixed permanently in a hidden place. (d) Manufacturer's serial numbers for watercraft must be clearly imprinted in the stern transom knee or other essential hull member near the stern by stamping, impressing, or marking with pressure, or in the case of inboard watercraft on the main inside beam. In lieu of imprinting, the manufacturer's serial number may be displayed on a plate in a permanent manner. In addition to being permanent, the number must be accessible. If the serial number is displayed in a location other than on or near the stern transom, the department must be notified by the manufacturer as to the location. (e) No person may destroy, remove, alter, cover, or deface the manufacturer's serial number, or plate bearing such serial number, or any serial number assigned by the department, on any watercraft or outboard motor unless authorized in writing by the department.

Section 50-23-180. (a) Every peace officer of this State, having knowledge of a stolen or converted watercraft or outboard motor, shall immediately furnish the department with full information concerning such theft or conversion. (b) The department, whenever it receives a report of the theft or conversion of a watercraft or outboard motor, shall make a record thereof, including the make of the stolen or converted watercraft or outboard motor and its manufacturer's or assigned serial number, and shall file the same in the numerical order of the manufacturer's or assigned serial number with the index records of the watercraft or outboard motors of such make. The department shall prepare a report listing watercraft and outboard motors stolen and recovered as disclosed by the reports submitted to it, to be distributed as it deems advisable. (c) In the event of the recovery of a stolen or converted watercraft or outboard motor, the owner shall immediately notify the department, who shall remove the record of the theft or conversion from its file.

Section 50-23-185. Any law enforcement officer may inspect a junkyard, scrap metal processing facility, salvage yard, marina, repair shop, boat yard, dry dock, licensed business buying, selling, displaying, trading watercraft or outboard motors, new and used or parts of watercraft and outboard motors, or both, parking lots, and public garages or any other person dealing with salvaged watercraft or outboard motors or parts of them. The physical inspection must be conducted while an employee or owner is present and must be for the purpose of locating stolen watercraft or outboard motors, investigating the titling or registration of watercraft or outboard motors wrecked or dismantled.

Section 50-23-190. No person may: (a) operate in this State a watercraft, or an outboard motor, for which a certificate of title is required unless a certificate of title has been issued to the owner; (b) operate in this State a watercraft, or an outboard motor, for which a certificate of title is required upon which the certificate of title has been canceled; (c) sell, transfer, or otherwise dispose of a watercraft, or an outboard motor, without delivering to the purchaser or transferee a certificate of title, or a manufacturer's or importer's certificate, assigned to the purchaser or transferee as required by this chapter; or (d) fail to surrender to the department a certificate of title upon cancellation of the title by the department for a valid reason set forth in this chapter or regulations adopted pursuant to it; (e) dispose of a rejected or defective watercraft hull or outboard motor in the manufacturing process except by upgrading the hull to meet United States Coast Guard requirements or destroying the hull or outboard motor.

Section 50-23-200. No person shall: (a) Alter, forge or counterfeit any certificate of title or manufacturer's or importer's certificate to a watercraft, or to an outboard motor; (b) Alter or falsify an assignment of a certificate of title, or an assignment or cancellation of a security interest on a certificate of title to a watercraft, or to an outboard motor; (c) Hold or use a certificate of title to a watercraft, or to an outboard motor, nor hold or use any assignment or cancellation of a security interest on a certificate of title to a watercraft, or to an outboard motor, knowing it to have been altered, forged, counterfeited or falsified; (d) Use a false or fictitious name or address, or make any material false statement, or conceal any material fact, in an application for a certificate of title, or in a bill of sale or sworn statement of ownership; (e) Have possession of, buy, receive, sell or offer for sale, or otherwise dispose of a watercraft, or an outboard motor, knowing or having reason to believe that the watercraft or outboard motor has been stolen; and no person may procure or attempt to procure a certificate of title to a watercraft, or an outboard motor, or pass or attempt to pass a certificate of title or any assignment to a watercraft, or an outboard motor, knowing or having reason to believe that the watercraft, or the outboard motor has been stolen; (f) Have possession of, buy, receive, sell or offer for sale, or otherwise dispose of in this State a watercraft, or an outboard motor, on which a manufacturer's or assigned serial number has been destroyed, removed, covered, altered, or defaced, knowing or having reason to believe of the destruction, removal, covering, alteration, or defacement of the manufacturer's or assigned serial number; or (g) Destroy, remove, cover, alter or deface the manufacturer's or assigned serial number on any watercraft, or on any outboard or inboard motor.

Section 50-23-205. A stolen or abandoned, junked, adrift, destroyed, or salvaged watercraft or outboard motor, a watercraft or outboard motor for which the true owner may not be determined, or a watercraft or outboard motor on which the manufacturer's or assigned serial number has been destroyed, removed, covered, altered, or defaced may be seized. Upon seizure of the watercraft or outboard motor, the department shall notify a person claiming an interest in it, and the person has the right to prove his interest before the circuit court in the county where the property was located. If no action is filed within sixty days of notification, the department may retain the property for official use or transfer the property to another public entity for official use, sell the property at public auction or, in the event that the watercraft or outboard motor is determined to be unsafe, destroy it. The proceeds derived from the sale must be deposited in the Boating Operating Fund of the department for administration of the program.

Section 50-23-210. (a) The department shall have the authority to suspend or revoke a certificate of title to a watercraft, or to an outboard motor, upon reasonable notice and hearing, when authorized by any other provision of law or if he finds: (1) The certificate of title was fraudulently procured or erroneously issued, or (2) The watercraft, or outboard motor, has been scrapped, dismantled, or destroyed, or transferred and registered in another state. (b) Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it; (c) When the department suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the department; or (d) The department may seize and impound any certificate of title which has been suspended and revoked.

Section 50-23-220. All fees received and money collected under the provisions of this chapter must be deposited in the State Treasury and set apart in a special fund. Appropriations from this fund must be used for the expenses of the department in administering the provisions of this chapter or for any purpose related to the mission of the department.

Section 50-23-230. The department is authorized and empowered to make, adopt, promulgate, amend, and repeal all rules and regulations necessary, or convenient for the carrying out of the duties and obligations and powers conferred on the department by this chapter.

Section 50-23-240. A copy of the regulations adopted pursuant to this chapter, and of any amendments thereto, shall be filed in the office of the board and in the office of the official State record-keeping agency. Rules and regulations shall be published by the department in a convenient form.

Section 50-23-250. The director, for the purpose of more effectively carrying out the provisions of this chapter, shall have the power to employ and appoint the necessary enforcement officers for enforcement of this chapter. The duties of such enforcement officers shall include but not be limited to investigating applications for certificate of title, inspecting watercraft, or outboard motors, in or at public facilities for purposes of locating stolen property, and investigating and reporting thefts of watercraft, or outboard motors. With respect to the enforcement of the provisions of this chapter, such enforcement officers shall have and may exercise throughout this State all of the powers of peace officers.

Section 50-23-260. The department shall annually, between January first and January thirty-first, furnish to each county auditor a list of motors and watercraft registered and titled pursuant to this chapter in the previous year to residents of such auditor's county, which list shall include the names and addresses of the owners of such watercraft and motors and sufficient additional information as will permit the auditors to identify the chattels titled for tax purposes.

Section 50-23-270. A sale, purchase, or transfer of a vessel or outboard motor is subject to the provisions of this chapter. All other owners are required to obtain title certificates at the time their vessel registration becomes due for renewal or execute an affidavit properly notarized that he is the true owner of the vessel or outboard motor. Any person making a false statement in the affidavit 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.

Section 50-23-275. A watercraft not previously required to be titled for which a title is required by this chapter must be titled at the time of renewal of the registration of the watercraft or transfer of the watercraft whichever occurs first. An owner of such a watercraft must secure a title for the watercraft within three years from the effective date of this section.

Section 50-23-280. (a) A person violating the provisions of this chapter 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 less than ten days nor more than thirty days. (b) A person convicted of violating Section 50-23-200 is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not less than thirty days nor more than one year, or both.

Section 50-23-290. (A) If an applicant for a watercraft title or outboard motor title is not able to produce a perfected chain of title from the last owner of record or from the manufacturer, the department may issue to the applicant a conditional title which reflects on the face of it that it is conditional and that it does not warrant ownership against the true owner. The conditional title may not be issued unless the department: (1) determines that the watercraft or outboard motor has not been reported as stolen in this State as required by this chapter or in another state; (2) determines that no active liens exist on the watercraft or outboard motor or that the existence of liens is unlikely; and (3) determines that the last titled owner cannot be found or the probability of finding the owner is remote; or (4) determines that the necessary paperwork to perfect the title has been lost, stolen, or destroyed and reasonably cannot be found or duplicated. (B) The applicant shall cause to be published in a newspaper of general circulation in the county where the last titled owner of the watercraft or outboard motor is known to have lived a notice in the following form: A. TO: (Name of last titled owner) and all persons claiming an interest in (description including make, model, year, horsepower, and hull identification or serial number if available). Please take notice that (Name of applicant) shall apply to the South Carolina Department of Natural Resources for a title to that certain (watercraft or outboard motor) described as follows: (Description including make, model, horsepower, year, and hull identification or serial number if available) no later than ten (10) days from the last publication of this notice. This is the (first, second, or third) of three notices to be published weekly for three weeks. If you wish to claim an interest in this (watercraft/outboard motor) you are advised to contact the South Carolina Department of Natural Resources immediately. B. If there is no record of a previous titled owner or he cannot be determined the notice may be addressed to all persons claiming an interest in the watercraft or outboard motor and published in the county of the applicant's residence for the prescribed period. C. Upon receipt of proof of publication (Certification from newspaper with copy of advertisement and dates) and having received no claims from interested parties upon determination of the department that the above conditions exist, the department may issue a conditional title to the watercraft or outboard motor upon receipt of payment of appropriate taxes, fees, and application. D. The conditional nature of the title must be reflected clearly on the face of the title and upon any subsequent titles issued on the watercraft or outboard motor for seven years. E. A person claiming an interest in the watercraft or outboard motor may bring an action within seven years to set the conditional title aside and for the return of the watercraft or outboard motor. Seven years after issuance of the conditional title it is incontestable and a new nonconditional title may be issued upon application and payment of the appropriate fee."

Names revised

SECTION 1271. Chapter 25, Title 50 of the 1976 Code is amended to read:

"CHAPTER 25

Boating and Surfing at particular Localities

Article 1

Boats on Bath Lake

Section 50-25-10. Except on and during legal holidays, the operation and driving of motorboats upon the waters of Bath Lake in Aiken County by any method or means whereby disturbing, excessive and useless noises are produced by such operation is declared a public nuisance and is hereby forbidden. Any person who shall violate the provisions hereof shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars and not more than fifty dollars or imprisonment for a period not exceeding thirty days. All fines imposed and collected under the provisions hereof shall be paid to the treasurer of Aiken County and by him credited to the school funds of the school district in which Bath Lake is situated.

Article 3

Motorboats at Certain Beaches in Beaufort County

Section 50-25-110. It is unlawful for any person to operate any boat propelled at the time by an inboard or outboard motor at Brighton Beach on May River in Beaufort County, between the low and high tide water marks and between the docks of J. E. Smith on the east and the docks of C. Ray Carter on the west. It is declared that the operation of such craft in the area referred to constitutes an undue hazard to persons using the area on this beach for bathing and swimming. The supervisor of Beaufort County shall place at each end of this area an appropriate sign designating it as a bathing area only. It is made the special duty of the sheriff of Beaufort County and his deputies to see that the provisions of this section are observed and enforced. Any violation of the provisions of this section is declared to be a misdemeanor and, upon conviction, the offender shall be fined not exceeding one hundred dollars or be imprisoned for a term not exceeding thirty days.

Section 50-25-120. It is unlawful for any person to operate a boat propelled at the time by an inboard or outboard motor between the low and high tide water marks and within two hundred feet east or west of a dock owned by George Bailey at Bailey's Beach on the north side of the Colleton River in Beaufort County. It is declared that the operation of such craft in the area referred to constitutes an undue hazard to persons using the area on this beach for bathing and swimming. Any violation of the provisions of this section is declared to be a misdemeanor and, upon conviction, the offender shall be fined not exceeding one hundred dollars or be imprisoned for a term not exceeding thirty days.

Article 4

Operation of Motorboats on Louther's Lake

Section 50-25-150. It shall be unlawful for anyone to operate a motorboat on Louther's Lake near the Town of Mechanicsville in Darlington County when the boat has onboard a motor which has a manufacturer's advertised horsepower greater than ten. It shall be the responsibility of the department to post and maintain at each major landing on Louther's Lake a three foot by four foot sign, visible to users of the landings, on which the foregoing prohibition shall be plainly lettered. Anyone operating a boat in violation of the provisions of this section shall be fined not less than fifty dollars nor more than one hundred dollars, or be imprisoned for not more than thirty days.

Article 5

Surfing on Certain Beaches in Horry County

Section 50-25-210. It shall be unlawful for any person to use a surfboard or similar device used as a surfboard from May fifteenth until Labor Day on the beaches of the unincorporated community of Garden City in Horry County between 9:00 a.m. and 6:00 p.m. except in the area from Holliday Drive south for a distance of six hundred ninety feet to a ten-foot alley or to engage in surfing at any time within three hundred feet of any fishing pier. The county sheriff shall arrange for the posting of signs to designate both the prohibited and permitted areas for surfing and the date and time limitations prescribed in this section. Any person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or imprisoned not more than thirty days.

Article 7

Boating Near Duke Power Company Wateree Dam in Kershaw County

Section 50-25-310. It shall be unlawful for anyone to enter in a boat or any other boating device within the watercourse below the Duke Power Company Wateree Dam in Kershaw County for a distance of two hundred feet. The department shall place appropriate signs or markers on each side of the watercourse indicating the zoned area for boats. Anyone violating the provisions of this section shall be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not more than thirty days, or both.

Section 50-25-320. It shall be unlawful for anyone to enter in a boat or any other boating device within the watercourse above the Duke Power Company Wateree Dam in Kershaw County for a distance of one hundred feet. The department shall place appropriate signs or markers on each side of the watercourse indicating the zoned area for boats. Nothing in this section or Section 50-19-1820 shall be construed to prohibit fishing in waters within one hundred feet of the dam from a boat which is further than one hundred feet from the dam. Anyone violating the provisions of this section shall be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not more than thirty days.

Article 9

Motorboats on Langley Lake

Section 50-25-410. The operation of motorboats upon the waters of Langley Lake in Aiken County with exhausts, mufflers or cutouts open or by any other method or means whereby disturbing, excessive and useless noises are produced by such operation is declared a public nuisance and is hereby forbidden except on legal holidays. Any person who violates the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or be imprisoned for not exceeding thirty days. All fines collected under the provisions of this section shall be paid to the treasurer of Aiken County who shall deposit such funds to the credit of the school district in which Langley Lake is situated.

Article 11

Motorboats on Lake Wylie

Section 50-25-1110. Any motorboat operating upon waters on Lake Wylie shall comply with the following noise control requirements: (1) Motorboats with inboard-outboard propulsion machinery shall exhaust through the propeller. (2) Inboard motorboats with `V'--drives--jets or propeller propulsion machinery with exhaust through the transom shall be water cooled with a steady stream of water or exhaust underwater while under way or exhaust through an automotive type sealed (baffle) muffler for each exhaust stack, with exhaust openings not to exceed two inches in diameter. Boats with original propulsion machinery made before 1970 are exempt from the requirements of this item. (3) Motorboats and their propulsion machinery which exhaust over the transom shall exhaust through an automotive sealed (baffle) type muffler for each exhaust stack, with exhaust openings not to exceed two inches in diameter. Glass pack mufflers, resonators and above water open exhausts are prohibited for such motorboats. Baffle inserts are prohibited on all inboard boats. (4) Motorboats with outboard propulsion machinery shall exhaust under water at all times unless designed or modified to exhaust above water and comply with the provisions of item (3) of this section.

Section 50-25-1120. The motorboats competing in a regatta, boat race, marine parade, tournament or exhibition approved as provided in Section 50-21-1010 shall be exempted from the provisions of this article. Exceptions may also be granted during designated hours for pretrial runs and for trial runs for speed records immediately following the event.

Section 50-25-1130. The operator of any motorboat who violates any of the provisions of this article is guilty of a misdemeanor and upon conviction shall be fined for a first offense not less than fifty-dollars nor more than two hundred dollars or imprisoned for not more than thirty days. For a conviction of a second offense the punishment shall be by a fine of not less than one hundred dollars nor more than two hundred or by imprisonment for not more than thirty days. For the conviction of third or subsequent offense the punishment shall be by a fine of not less than two hundred dollars nor more than five hundred dollars or by imprisonment for not more than six months or both such fine and imprisonment.

Article 13

Restrictions Applicable to Lakes William C. Bowen and H. Taylor Blalock in Spartanburg County

Section 50-25-1310. On Lakes William C. Bowen and H. Taylor Blalock in Spartanburg County: (1) There is established a no wake zone within three hundred feet of all bridges and public docks. No wake zones must be clearly marked with signs. The signs must be designed and installed by the department. (2) No watercraft of any type may be operated within five hundred feet of any pump station, water intake of a dam, or spillways. These restricted areas must be clearly marked with signs. Signs must be designed and installed by the department. (3) No watercraft may operate or anchor within one hundred fifty feet of public fishing piers. (4) No sailing craft with a mast height in excess of thirty feet is permitted to operate. (5) No wading, bathing, or swimming is permitted within two hundred feet of any public landing, bridge, or restricted area. These restricted areas must be clearly marked with signs. The signs must be designed and installed by the department. (6) The lake wardens, at their discretion, may limit entrance of watercraft onto the lakes via the public landings when conditions such as overcrowding or adverse weather create an unsafe boating environment.

Section 50-25-1320. On Lake William C. Bowen: (1) No watercraft with an outboard motor having a horsepower rating in excess of one hundred fifteen horsepower is permitted. (2) No watercraft with an outboard motor in excess of the United States Coast Guard rating, with Coast Guard rating plate missing or changed, is permitted. (3) No watercraft powered by an outdrive or inboard motor having an engine automotive horsepower rating in excess of one hundred eighty horsepower is permitted. This restriction does not apply to towboats which have been approved by the American Waterski Association. (4) There is no minimum or maximum restriction on length of watercraft.

Section 50-25-1330. On Lake H. Taylor Blalock, no watercraft with an engine greater than fifteen horsepower may operate unless: (1) the gas line has been disconnected and the engine or prop is trimmed out of water, and (2) an electric trolling motor or engine of fifteen horsepower or less is mounted, but pontoon boats with a length greater than sixteen feet may utilize motors not greater than thirty-five horsepower.

Section 50-25-1340. On Lake H. Taylor Blalock, it is unlawful to waterski or tow rafts, discs, or any other similar floating devices.

Section 50-25-1350. On Lake William C. Bowen it is unlawful to: (1) waterski or tow rafts, discs, or other similar floating devices within three hundred feet of any bridge or within one hundred feet of public dock facilities of the Spartanburg Water System; (2) waterski and tow rafts, discs, or other similar floating devices upstream and west of the Interstate Highway 26 bridge which crosses over Lake William C. Bowen; (3) pull more than two skiers at one time from any boat or to waterski while carrying one or more persons piggyback; (4) operate a watercraft between midnight and one hour before sunrise.

Section 50-25-1360. The department, after consultation with the Spartanburg Water System, by special permit,may waive the restrictions and provisions of Sections 50-25-1310 through 50-25-1350 to allow for boat testing, water and ski shows, and similar activities. It is unlawful to violate the terms and conditions of the permit.

Section 50-25-1370. A person violating a provision of this article is guilty of a misdemeanor and must be punished as provided in Section 50-1-130."

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