Current Status Bill Number:4333 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960109 Primary Sponsor:Sharpe All Sponsors:Sharpe, Inabinett, Richardson Drafted Document Number:PFM\7708BDW.96 Residing Body:House Current Committee:Agriculture, Natural Resources and Environmental Affairs Committee 20 HANR Subject:Shrimp taken over bait
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960109 Introduced, read first time, 20 HANR
referred to Committee
House 19951206 Prefiled, referred to Committee 20 HANR
View additional legislative information at the LPITS web site.
TO AMEND SECTION 50-17-665, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITS ON THE AMOUNT OF SHRIMP AUTHORIZED TO BE TAKEN OVER BAIT, SO AS TO IMPOSE CATCH AND POSSESSION LIMITS ON SHRIMP, AND TO REVISE THE PENALTIES FOR VIOLATIONS INCLUDING THE FORFEITURE OF SPECIFIED PERSONAL PROPERTY FOR CERTAIN VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-17-665 of the 1976 Code, as amended by Section 1265, Act 181 of 1993, is further amended to read:
"Section 50-17-665. (A) Except as otherwise provided in this section, when taking shrimp over bait, there is a catch limit of not more than forty-eight quarts of whole shrimp or twenty-nine quarts of headed shrimp, for each set of poles a day. When no bait is being used, the catch limit is forty-eight quarts of whole shrimp or twenty-nine quarts of headed shrimp for each boat a day or for each person when no boat is used. When a seine or seines are being used to take shrimp, one catch limit is allowed a day among the persons using the seines. As used in this section, a day means sunrise on one day to sunrise on the following day.
(B) It is unlawful for any a person to have in his immediate control or possession more than forty-eight quarts of whole shrimp or twenty-nine quarts of headed shrimp while on upon the waters or the lands immediately adjacent to the waters from May first through December fifteenth. The possession limit is ninety-six quarts of whole shrimp or fifty-eight quarts of headed shrimp. This subsection does not apply to any a commercial fisherman transporting his catch to a licensed wholesale seafood dealer, or to any a licensed dealer distributing his product.
(C) From December sixteenth through April thirtieth, it is unlawful for a person to have in his immediate control or possession more than a total of twelve dozen live or dead shrimp while upon the waters of the State. When a boat is being used to catch or transport shrimp, one limit is allowed among all persons in the boat. This subsection does not apply to a licensed commercial shrimp fisherman onboard a shrimp trawler rigged for trawling and transporting the catch to a licensed wholesale seafood dealer or to a licensed dealer distributing his product. This trawler may not have a cast net or other recreational shrimping gear aboard.
(D) Any A person who violates the provisions of this section subsection (A) or (B):
(1) by taking more than forty-eight quarts of whole shrimp or more than twenty-nine quarts of headed shrimp or for exceeding the lawful possession limit while not on upon the waters or the lands immediately adjacent is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days, and the entire catch must be seized and forfeited as provided in Section 50-17-650. If the shrimp involved in the violation were caught over bait, his privilege to catch shrimp over bait must be suspended for two years from the date of conviction. No part of the fine may be suspended;
(2) for a second or subsequent offense of possession of any number of quarts of shrimp over the lawful daily catch limit or possession limit is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days. In addition, The boat, motor, trailer, rigging, coolers, fishing devices, and the entire catch must be seized and forfeited as provided in Section 50-17-650. If the shrimp involved in the violation were caught over bait his privilege to catch shrimp over bait must be suspended for two years from the date of conviction. No part of the fines provided in this section fine may be suspended.
(E) A person who violates subsection (C):
(1) by taking more than twelve dozen shrimp or for exceeding the lawful possession limit while not upon the waters of this State is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned not more than thirty days, and the entire catch must be seized and forfeited as provided in Section 50-17-650. No part of the fine may be suspended. If the shrimp involved in the violation were caught over bait, his privilege to catch shrimp over bait must be suspended for two years from the date of conviction;
(2) for a second or subsequent offense of possession of any number of shrimp over the lawful daily catch limit or possession limit is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned not more than thirty days. The boat, motor, trailer, rigging, coolers, fishing devices, and entire catch must be seized and forfeited as provided in Section 50-17-650. No part of the fine may be suspended. If the shrimp involved in the violation were caught over bait his privilege to catch shrimp over bait must be suspended for two years from the date of conviction."
SECTION 2. This act takes effect upon approval by the Governor.