South Carolina General Assembly
112th Session, 1997-1998

Bill 3916


                    Current Status

Bill Number:                    3916
Ratification Number:            450
Act Number:                     327
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19970410
Primary Sponsor:                Seithel
All Sponsors:                   Seithel, Knotts, Whatley, Sharpe,
                                Fleming, Riser and Simrill 
Drafted Document Number:        EGM\18537AC.97
Date Bill Passed both Bodies:   19980526
Governor's Action:              S
Date of Governor's Action:      19980608
Subject:                        Marine products handled or taken
                                unlawfully; purchase, barter or trade
                                prohibited; Fish and Game

History


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 Committee


View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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.

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 8th day of June, 1998.