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279Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20010206Primary Sponsor: MescherAll Sponsors: MescherDrafted Document Number: l:\council\bills\swb\5149djc01.docResiding Body: SenateCurrent Committee: Fish, Game and Forestry Committee 07 SFGFSubject: Shrimp baiting license, validity of; provisions for marking device tags and cast nets; Fish and Game, Natural ResourcesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010206 Introduced, read first time, 07 SFGF referred to Committee Versions of This Bill
TO AMEND SECTION 50-5-1100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFUL AND UNLAWFUL TAKING OF SHRIMP, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO TAKE SHRIMP BY CAST NET OVER BAIT DURING OPEN SEASON AFTER TWELVE O'CLOCK MIDNIGHT, TO PROVIDE THAT THE SHRIMP BAITING LICENSE ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES IS VALID FOR TEN SHRIMPING EVOLUTIONS, THAT ONLY ONE OF THE TEN MARKING DEVICE TAGS ISSUED WITH THE LICENSE MAY BE USED DURING EACH OF THE TEN SHRIMPING EVOLUTIONS FOR WHICH THE LICENSE WAS ISSUED, AND THAT A MARKING DEVICE TAG MUST BE VISIBLE AND AFFIXED TO THE SHRIMP COOLER USED BY THE LICENSEE, TO CHANGE THE TEN-POLE LIMITS FOR BOATS AND PERSONS TO FIVE-POLE LIMITS FOR BOATS AND PERSONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-5-1100(B) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(B) The department shall establish annually a sixty-day open season between September 1 and November 15 for taking shrimp over baited areas. The sixty days may but are not required to be consecutive. It is unlawful for anyone to take, or attempt to take, shrimp over bait during the closed season for taking shrimp over bait. It is unlawful for anyone to take, or attempt to take, shrimp over bait after twelve o'clock midnight during the open season for taking shrimp over bait. The provisions of this subsection do not apply to anyone taking or attempting to take shrimp over bait by the use of a drop net from a pier, dock, or other structure permanently affixed to the high land."
SECTION 2. Section 50-5-1100(C) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(C) It is unlawful for a resident or nonresident of this State to take shrimp by cast net over bait during the open season unless he first obtains from the department a shrimp baiting license and associated tags, except that a resident possessing the required license and associated tags, while shrimping from a boat may be assisted in casting by other resident individuals in the boat with him and those individuals are not required to have a license or associated tags. Upon receipt of application and fees, the department shall issue the license along with ten marking device tags bearing the corresponding license number. The license is valid for ten shrimping evolutions within the sixty-day open season. Only one of the ten marking devices tags may be used during each of the ten shrimping evolutions for which the license was issued.
Each licensee while shrimping over bait shall carry on his person his baiting license and upon demand shall show it to an enforcement officer. While shrimping over bait each licensee must carry his license upon his person and must show it to an enforcement officer upon demand. A marking device tag bearing the corresponding license number issued to the licensee must be plainly visible and firmly affixed to the shrimp cooler used by the licensee to hold shrimp during each shrimping evolution."
SECTION 3. Section 50-5-1100(F)(3) and (4) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(3) There is a
ten-pole five-pole limit a boat a day for each boat each day. Additional boats in tow may not be used to increase the number of authorized poles.
(4) There is a
ten-pole five-pole limit for each person who is shrimping over a baited area if no boat is being used."
SECTION 4. This act takes effect upon approval by the Governor.
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