Bill 3789

                    Current Status

Bill Number:                    3789
Ratification Number:            373
Act Number:                     309
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19970401
Primary Sponsor:                Limehouse
All Sponsors:                   Limehouse, Altman, Hawkins,
                                Chellis, J. Brown, Easterday, Cato,
                                Edge, Maddox, Beck, Webb, Tripp, Byrd,
                                Whatley, Littlejohn, Riser, Inabinett
                                and Harrell 
Drafted Document Number:        gjk\23235djc.97
Date Bill Passed both Bodies:   19980408
Date of Last Amendment:         19980331
Governor's Action:              U Became law without signature of
                                Governor
Date of Governor's Action:      19980528
Subject:                        Spotted sea trout, size
                                limitations; daily number person may
                                take or possess reduced; Fish and
                                Game

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19980611  Act No. A309
------  19980528  Unsigned, became law without
                  signature of Governor
------  19980521  Ratified R373
House   19980408  Concurred in Senate amendment,
                  enrolled for ratification
House   19980407  Debate adjourned on Senate
                  amendments until Wednesday, 19980408
Senate  19980401  Read third time, returned to House
                  with amendment
Senate  19980331  Read second time, unanimous
                  consent for third reading on
                  Wednesday, 19980401
Senate  19980331  Committee amendment adopted
Senate  19980325  Committee report: Favorable with         07 SFGF
                  amendment
Senate  19970520  Introduced, read first time,             07 SFGF
                  referred to Committee
House   19970515  Read third time, sent to Senate
House   19970514  Amended, read second time
House   19970507  Recalled from Committee                  20 HANR
House   19970401  Introduced, read first time,             20 HANR
                  referred to Committee

(A309, R373, H3789)

AN ACT TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON TAKING SPOTTED SEA TROUT, SO AS TO PROHIBIT TAKING SPOTTED SEA TROUT OF LESS THAN THIRTEEN INCHES; AND TO AMEND SECTION 50-17-520, AS AMENDED, RELATING TO LIMITS ON THE MAXIMUM NUMBER OF DAILY TAKE OF CERTAIN FISH, SO AS TO REDUCE THE NUMBER OF SPOTTED SEA TROUT A PERSON MAY TAKE OR HAVE IN POSSESSION IN ONE DAY FROM FIFTEEN TO TEN.

Be it enacted by the General Assembly of the State of South Carolina:

Limitation on size of sea trout taken

SECTION 1. Section 50-17-510(D)(1) of the 1976 Code, as last amended by Section 1265 of Act 181 of 1993, is further amended to read:

(1) It is unlawful to take, catch, have in possession, land, or sell a spotted sea trout (Cynoscion nebulosus), known locally as winter trout, of less than thirteen inches in total length, flounder (Paralichthys) of less than twelve inches in total length, or a red drum (Sciaenops ocellatus), known locally as channel or spot-tail bass, of less than fourteen inches in total length.

Limitation on number of sea trout taken per day

SECTION 2. Section 50-17-520 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-17-520. Spotted sea trout (winter trout), Cynoscion nebulosus, and red drum (channel bass), Sciaenops ocellatus, are game fish. It is unlawful to take or attempt to take either species in the waters of this State, except by cane pole, using hook and line, rod and reel, or by gigging. It is unlawful to gig for spotted sea trout or red drum between December first and March first. It is unlawful for a person to have in possession a red drum or spotted sea trout while fishing or transporting a gill net, seine, or other commercial fishing equipment.

A fish of either species caught in the devices must be returned to the water immediately. Bona fide mariculture operations may collect spotted sea trout and red drum with commercial fishing equipment or import either species for brood stock or culture purposes under special permit from the department.

A wholesale or retail seafood dealer or other business who imports red drum or spotted sea trout from another state or country where the taking and sale of the fish is lawful shall have in possession a bill of sale or other proof of origin for each lot or shipment of the fish received before the fish may be sold. Red drum or spotted sea trout grown in mariculture operations may be sold in this State if the fish are marked and identified properly.

It is unlawful for a person to take or have in possession more than ten spotted sea trout or five red drum in any one day. It is unlawful for a person to have in possession more than twenty flounder (Paralichthys species) taken by means of gig, spear, hook and line, or similar device in any one day. The possession limit does not apply to mariculture operations or to the sale of properly identified fish imported by seafood dealers as provided in this section. The species named in this section must be landed with the head and tail fins intact. The department may promulgate emergency regulations for size and catch limits on red drum, spotted sea trout, and flounder in the event of natural or man-induced phenomena which threaten the future status of the resource.

The penalties for convictions of violations of this section are as provided in Section 50-17-100 and each fish possessed, sold, offered for sale, purchased, or attempted to be purchased in violation of this section is a separate offense."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Became law without the signature of the Governor -- 05/28/98.