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Bill 3343

                    Current Status

Bill Number:                      3343
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990126
Primary Sponsor:                  Sharpe
All Sponsors:                     Sharpe, Witherspoon
Drafted Document Number:          l:\council\bills\psd\7169djc99.doc
Residing Body:                    House
Current Committee:                Agriculture, Natural Resources and 
                                  Environmental Affairs Com 20 HANR
Subject:                          Dolphin, taking and fishing of regulated; 
                                  Fish and Game, Natural Resources Department


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990126  Introduced, read first time,           20 HANR
                  referred to Committee


                             Versions of This Bill

TO AMEND CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES, BY ADDING SECTION 50-17-550, SO AS TO REGULATE AND PROVIDE RESTRICTIONS ON COMMERCIAL TAKING AND RECREATIONAL FISHING FOR DOLPHIN AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THESE SECTIONS.

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

SECTION 1. Chapter 17, Title 50 of the 1976 Code is amended by adding:

"Section 50-17-550. (A) For the purposes of this section:

(1) 'Registered vessel' means those vessels which are: (1) issued a South Carolina certificate of number; or (2) documented through the United States Government as home-ported in South Carolina; or (3) licensed to fish by South Carolina or the master of a crew of which holds a land and sell license or captain's license issued by South Carolina.

(2) 'Commercial fishing vessel' means any registered vessel which holds a valid federal permit to fish commercially for mackerel, snapper, grouper, shark, or swordfish.

(3) 'Recreational vessel' means any registered vessel not meeting the definition of a 'commercial fishing vessel' under this subsection and includes charter fishing vessels as defined in Section 50-20-20.

(4) 'Fishing year' for the purposes of this section is April 1 to March 31.

(B) The provisions of this section apply to any registered vessel operating in the sale waters of this State.

(C)(1) It is unlawful for any person aboard a recreational vessel to possess more than seven dolphin (Coryphaena sp.) per day, or for the master of a recreational vessel to have more than twenty-five dolphin per day on board his vessel regardless of the number of persons on board the vessel. Charter boats issued a charter vessel permit under Section 50-20-50 to carry more than forty-nine passengers may have up to fifty dolphin per day on board the charter boat.

(2) Any person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars or imprisoned for up to thirty days, or both. All dolphin must be seized and disposed of according to law. The court may order restitution to the department.

(D) It is unlawful to transfer dolphin from or to a vessel or to land dolphin taken by another vessel. Any person on board a vessel violating this subsection is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars or imprisoned for up to thirty days.

(E) It is unlawful for the master of any commercial fishing vessel as defined in this section to have aboard more than four thousand five hundred pounds of dolphin. All dolphin taken commercially must be landed with the head and tail fins intact. A commercial quota of one hundred fifty thousand pounds is established for each fishing year. Once the commercial quota is reached, the department will close the fishery to any further commercial landings of dolphin until the beginning of the next fishing year. It is unlawful for the master of a commercial vessel to have dolphin aboard the vessel during a closed period. The master of any vessel who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned for up to thirty days, or both. All dolphin must be seized and disposed of according to law. The court may order restitution to the department.

(F) Any other provision of the law to the contrary not withstanding, the magistrates' courts shall have jurisdiction to try all cases made under this section and to impose the penalties set forth herein.

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

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