Current Status Bill Number:
3916Ratification Number: 450Act Number: 327Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19970410Primary Sponsor: SeithelAll Sponsors: Seithel, Knotts, Whatley, Sharpe, Fleming, Riser and SimrillDrafted Document Number: EGM\18537AC.97Date Bill Passed both Bodies: 19980526Governor's Action: SDate of Governor's Action: 19980608Subject: Marine products handled or taken unlawfully; purchase, barter or trade prohibited; Fish and Game
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19980617 Act No. A327 ------ 19980608 Signed by Governor ------ 19980604 Ratified R450 Senate 19980526 Read third time, enrolled for ratification Senate 19980513 Read second time Senate 19980421 Committee report: Favorable 07 SFGF Senate 19970514 Introduced, read first time, 07 SFGF referred to Committee House 19970514 Read third time, sent to Senate House 19970513 Read second time House 19970507 Committee report: Favorable 25 HJ House 19970410 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
(A327, R450, H3916)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-185 SO AS TO PROHIBIT THE PURCHASE, BARTER, OR TRADE OF MARINE PRODUCTS HANDLED OR TAKEN UNLAWFULLY AND PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
Unlawful to purchase, barter, or trade seafood if not licensed or if seafood produced unlawfully
SECTION 1. The 1976 Code is amended by adding:
Section 50-17-185. (A) It is unlawful for a person not licensed as a primary wholesale seafood dealer knowingly to receive through purchase, barter, or trade or to attempt to receive through purchase, barter, or trade a saltwater fishery product taken, landed, produced, or cultured in the State, but not first handled by a licensed primary wholesale seafood dealer. This subsection does not apply to persons receiving live bait from a person properly licensed in the sale of live bait.
(B) It is unlawful for a person knowingly to purchase, barter, or trade or to attempt to purchase, barter, or trade a saltwater fishery product taken, landed, produced, cultured, or sold unlawfully.
(C) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than five hundred dollars or imprisoned not more than ninety days, or both. A person violating this section while violating another provision of Title 50 is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than ninety days, or both.
(D) A product purchased, bartered, or traded or attempted to be purchased, bartered, or traded by a person accused of violating this section must be seized along with its container and, at the officer's discretion, may be released if alive or, if lawful to be sold, sold with the proceeds of the sale being held by the department pending final disposition of the case. Each pound of fish, dozen of crabs, bushel of oysters, one-half bushel of clams, quart of shrimp, pound of other saltwater fishery product, or part of them purchased, bartered, or traded, or attempted to be purchased, bartered, or traded in violation of this section may be considered a separate offense. All monies derived from the sale must be retained by the department for the purposes of fisheries management and enforcement of this chapter. In addition, a person who conspires to violate this section is guilty of a misdemeanor and must be penalized as provided in Section 50-1-136. Magistrates' courts of the various counties have jurisdiction to try a case arising under this section and to act to impose the penalties set forth in this section.
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 8th day of June, 1998.