Current Status Bill Number:3999 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950412 Primary Sponsor:Seithel, All Sponsors:Seithel, Whatley, Hallman and Fulmer Drafted Document Number:pfm\7308bdw.95 Residing Body:House Current Committee:Agriculture, Natural Resources and Environmental Affairs Committee 20 HANR Subject:Spotted sea trout and red drum
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950412 Introduced, read first time, 20 HANR
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 50-17-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS PERTAINING TO SPOTTED SEA TROUT, RED DRUM, AND FLOUNDER, SO AS TO PROHIBIT THE SALE, PURCHASE, TRADE, AND BARTER OF SPOTTED SEA TROUT AND RED DRUM EXCEPT UNDER CERTAIN CONDITIONS, PROVIDE REQUIREMENTS FOR THE SALE OF THE FISH, AND PROVIDE PERMIT REQUIREMENTS FOR FINFISH AND FLOUNDER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-17-520 of the 1976 Code, as amended by Section 1265, Act 181 of 1993, is further amended to read:
"Section 50-17-520. (A) Spotted sea trout (winter trout), Cynoscion nebulosus, and red drum (channel bass), Sciaenops ocellatus, are saltwater game fish. It is unlawful to sell, purchase, trade, or barter or attempt to sell, purchase, trade, or barter spotted sea trout or red drum in this State except as provided in this section. It is unlawful to take or attempt to take either species in the waters of this State, except by cane pole, using hand held hook and line, or rod and reel, or by gigging. It is unlawful to gig for spotted sea trout or red drum between December first and March first. It is unlawful for a person to have in possession a red drum or spotted sea trout while fishing or transporting a gill net, seine, or other commercial fishing equipment. A fish of either species caught in the devices net or other commercial fishing device must be returned to the water immediately. Bona fide mariculture operations may collect spotted sea trout and red drum with commercial fishing equipment or import either species for brood stock or culture purposes under special permit from the department.
(B) A wholesale or retail seafood dealer or other business who imports may import red drum or spotted sea trout from another state or country where the taking and sale of the fish is lawful shall and must have in possession a bill of sale, bill of lading, or other proof of origin for each lot or shipment of the fish received before the fish may be sold. Red drum or spotted sea trout grown in mariculture operations may be sold in this State if the fish are marked and identified properly. These records must accompany each lot or shipment of fish from the point of original sale through the point of final retail.
(C) It is unlawful for a person to take or have in possession more than fifteen spotted sea trout or five red drum in any one day. It is unlawful for a person to have in possession more than twenty flounder (Paralichthys species) taken by means of gig, spear, hook and line, or similar device in any one day. The possession limit does not apply to mariculture operations or to the sale of properly identified fish imported by seafood dealers as provided in this section. The species named in this section must be landed with the head and tail fins intact except when produced in permitted mariculture operations. The department may promulgate emergency regulations for size and catch limits on red drum, spotted sea trout, and flounder in the event of natural or man-induced phenomena which threaten the future status of the resource.
(D) The Division of Marine Resources may issue saltwater finfish mariculture permits for the propagation, holding, transporting, and processing of saltwater finfish, including saltwater game fish, produced through mariculture as defined in Section 50-17-15. Before engaging in any aspect of saltwater finfish mariculture, a person shall acquire a saltwater finfish mariculture permit from the division.
(E) The division may issue permits for the collection, importation, and holding of saltwater finfish for mariculture brood stock. Before collecting, importing, or holding saltwater finfish for brood stock, a person shall acquire a saltwater finfish mariculture brood stock permit from the division. The permit may be conditioned to include specifications as to lawful collection areas, gear, collecting times and periods, catch limitations, and catch or importation reporting requirements. The division may limit the number of permits issued for taking brood stock and shall suspend or revoke a permit for failure of the permittee to abide by permit conditions.
(F) The division may permit a mariculture operation to take and possess saltwater finfish outside of the size and possession limits provided in this section and Section 50-17-510.
(G) The division may issue permits for the sale of saltwater finfish grown in permitted mariculture operations. Each container of fish must be marked and identified as being maricultured, and each lot or shipment must be accompanied by a bill of sale, bill of lading, or other proof of origin. These records must accompany each lot or shipment of fish from the point of original sale through the point of final retail. Permits may be conditioned to include sales reporting requirements. The division may suspend or revoke a permit for failure of the permittee to abide by permit conditions.
(H) It is unlawful for a person to have in possession more than twenty flounder, Paralichthys species, taken by means of gig, spear, hook and line, or similar device in any one day. Flounder taken by these means must be landed with the head and tail fins intact except when produced in permitted mariculture operations.
(I) The penalties for convictions of violations of this section including violations of permit conditions are as provided in Section 50-17-100 and each fish taken, possessed, sold, offered for sale, purchased, or attempted to be sold or purchased in violation of this section is a separate offense."
SECTION 2. This act takes effect July 1, 1995.