Current Status Introducing Body:
HouseBill Number: 4482Ratification Number: 440Act Number: 387Primary Sponsor: SnowType of Legislation: GBSubject: Fisheries laws, point systemDate Bill Passed both Bodies: 19940428Computer Document Number: NO5/7521BDW.94Governor's Action: SDate of Governor's Action: 19940510Introduced Date: 19940112Last History Body: ------Last History Date: 19940510Last History Type: Act No. 387Scope of Legislation: StatewideAll Sponsors: Snow Riser LawType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 4482 ------ 19940510 Act No. 387 4482 ------ 19940510 Signed by Governor 4482 ------ 19940504 Ratified R 440 4482 Senate 19940428 Read third time, enrolled for ratification 4482 Senate 19940427 Read second time, notice of general amendments 4482 Senate 19940421 Committee Report: Favorable 07 4482 Senate 19940331 Introduced, read first time, 07 referred to Committee 4482 House 19940331 Read third time, sent to Senate 4482 House 19940330 Read second time, unanimous consent for third reading on next Legislative day 4482 House 19940302 Committee Report: Favorable 20 4482 House 19940112 Introduced, read first time, 20 referred to CommitteeView additional legislative information at the LPITS web site.
(A387, R440, H4482)
AN ACT TO AMEND SECTION 50-17-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE POINT SYSTEM FOR VIOLATIONS OF COASTAL FISHERIES LAWS, SO AS TO INCLUDE STAMPS AS WELL AS LICENSES AND PERMITS; AND TO AMEND SECTION 50-17-1120, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE POINT SYSTEM, SO AS TO REVISE THE CONDITIONS UNDER WHICH PRIVILEGES, LICENSES, PERMITS, AND STAMPS MAY BE SUSPENDED BY THE DEPARTMENT OF NATURAL RESOURCES.
Be it enacted by the General Assembly of the State of South Carolina:
Stamps included in the point system for violations of coastal fisheries laws
SECTION 1. Section 50-17-1110 of the 1976 Code, as last amended by Section 1265, Act 181 of 1993, is further amended to read:
"Section 50-17-1110. For the purposes of this article:
(1) `Coastal fisheries privileges' means the privilege to engage in an activity involving fishing or taking, attempting to take, or possessing fish, shellfish, crustaceans, or products of them as defined in Section 50-17-15 and includes an activity for which a license, permit, or stamp is required from the department and the privilege to hold a license, permit, or stamp.
(2) `Conviction' includes the entry of a plea of guilty or nolo contendere and the forfeiture of bail or collateral deposited to secure a defendant's appearance in court.
(3) `Department' means the South Carolina Department of Natural Resources."
Conditions revised for suspension of privileges, licenses, permits, and stamps
SECTION 2. Section 50-17-1120 of the 1976 Code, as last amended by Section 1265, Act 181 of 1993, is further amended to read:
"Section 50-17-1120. (A) There is established the following point system to be used by the department in suspending the privileges, licenses, permits, and stamps of persons convicted for violations of law and regulations which apply to coastal fisheries activities within this State:
(1) fishing or taking, attempting to take, landing, or possessing fish, shellfish, or crustaceans without a proper license permit, or stamp: 6;
(2) fishing or taking, attempting to take, landing, or possessing fish, shellfish, or crustaceans in an unlawful manner, in unlawful or closed areas, during unlawful hours, or during the closed season for the activity, except shrimp trawling violations: 10;
(3) violating commercial fishing license or permit conditions: 6;
(4) using unlawful or unauthorized fishing methods, gear, or equipment: 8;
(5) failing to keep records or make reports required by law or regulation: 6;
(6) violating size limit provisions set by law for fish, shellfish, crustaceans, or other seafood products: 6;
(7) possessing more than the legal limit of fish, shellfish, or crustaceans: 6;
(8) unlawfully buying, selling, offering for sale, or possessing fish, shellfish, crustaceans, or other seafood or marine products or engaging in this activity without a proper license, permit, or stamp as required by law: 10;
(9) harvesting shellfish on culture permit areas or state bottoms without proper permission or permit: 8;
(10) stealing catch or fishing equipment or damaging or interfering with fishing equipment: 18;
(11) trawling or channel netting in an area closed to trawling or channel netting during unlawful hours or during closed season: 18;
(12) captain or crew of a boat failing to cooperate with an enforcement officer: 18;
(13) wilfully impeding or obstructing the lawful harvest of marine species: 18;
(14) trawling within restricted areas off beaches: 8;
(15) violating law pertaining to female sponge crabs: 8;
(16) violations of a section of Title 50 pertaining to coastal fisheries privileges not mentioned specifically in this section: 6;
(17) operating a boat or vessel in an activity for which the boat or vessel license or permit is under suspension or operating a boat or vessel in an activity for which the captain's license is under suspension: 18.
(B) The points and penalties assessed under this section are in addition to other civil remedies and criminal penalties which may be assessed."
SECTION 3. This act takes effect July 1, 1994.
Approved the 10th day of May, 1994.