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Current Status Bill Number:View additional legislative information at the LPITS web site.379 Ratification Number:443 Act Number:342 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010227 Primary Sponsor:Gregory All Sponsors:Gregory Drafted Document Number:l:\council\bills\swb\5165djc01.doc Date Bill Passed both Bodies:20020606 Date of Last Amendment:20020606 Governor's Action:S Date of Governor's Action:20020704 Subject:Marine Resources Act of 2000, changes to History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020724 Act No. A342 ------ 20020703 Signed by Governor ------ 20020606 Ratified R443 House 20020606 Ordered enrolled for ratification Senate 20020606 Conference Committee Report adopted 88 SCC House 20020606 Conference Committee Report adopted 98 HCC House 20020606 Conference Committee Appointed 98 HCC Gourdine Riser Loftis Senate 20020606 Conference powers granted, 88 SCC Gregory appointed Senators to Committee Ravenel of Conference McGill Senate 20020606 Insists upon amendment House 20020606 Non-concurrence in Senate amendment House 20020605 Recalled from Committee 20 HANR House 20020605 Recommitted to Committee 20 HANR Senate 20020604 House amendments amended, returned to House with amendment House 20020516 Read third time, returned to Senate with amendment House 20020515 Amended, read second time House 20020514 Committee report: Favorable with 20 HANR amendment House 20010501 Introduced, read first time, 20 HANR referred to Committee ------ 20010430 Scrivener's error corrected Senate 20010427 Read third time, sent to House Senate 20010426 Read second time, unanimous consent for third reading on Friday, 20010427 Senate 20010426 Committee amendment adopted Senate 20010424 Committee report: Favorable with 07 SFGF amendment Senate 20010227 Introduced, read first time, 07 SFGF referred to Committee Versions of This Bill Revised on April 24, 2001 - Word format Revised on April 26, 2001 - Word format Revised on April 30, 2001 - Word format Revised on May 14, 2002 - Word format Revised on May 15, 2002 - Word format Revised on June 4, 2002 - Word format Revised on June 5, 2002 - Word format Revised on June 6, 2002 - Word format
(A342, R443, S379)
AN ACT TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, BY ADDING DEFINITIONS OF "SKIM-BOW NET" AND "STRETCH", AND BY AMENDING THE DEFINITIONS OF "ANADROMOUS", "DREDGE", "HERRING", "PEELER TRAP", "STRIKER", AND "TRAWLING"; TO AMEND CHAPTER 5, TITLE 50, RELATING TO MARINE RESOURCES, BY ADDING SECTION 50-5-32 SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES HAS AUTHORITY TO CLOSE FISHING SEASONS, AREA, OR ACTIVITIES IN THE SALT WATERS OF THIS STATE WHEN AN EMERGENCY EXISTS; TO AMEND SECTION 50-5-35, RELATING TO NOTICE OF OPENING AND CLOSING OF COMMERCIAL FISHING SEASONS, SO AS TO EXEMPT EMERGENCY CLOSINGS FROM THE TWENTY-FOUR HOUR NOTICE REQUIREMENTS OF THIS SECTION; TO AMEND SECTION 50-5-65, RELATING TO SEIZURE AND DISPOSITION OF CONTRABAND, SO AS TO PROVIDE THAT CERTAIN PERISHABLE ITEMS SEIZED, THE SALE OF WHICH IS NOT ILLEGAL PER SE, MAY BE DONATED TO A NONPROFIT ENTITY OR DESTROYED IN THE DISCRETION OF THE DEPARTMENT, THAT PERISHABLE ITEMS SEIZED, THE SALE OF WHICH IS ILLEGAL ONLY BECAUSE OF THE PLACE, MANNER, OR METHOD BY WHICH IT WAS SEIZED MUST BE SOLD, TO PROVIDE FOR RETENTION OF THE PROCEEDS OF PERISHABLE ITEMS SOLD UNTIL FINAL ADJUDICATION OF THE CASE, AND TO FURTHER PROVIDE THAT EACH FISH, FISHERY PRODUCT, OR PART THEREOF TAKEN, POSSESSED, OR SOLD IN VIOLATION OF THIS CHAPTER IS A SEPARATE OFFENSE; TO AMEND SECTION 50-5-70, AS AMENDED, RELATING TO THE SALE OF CONFISCATED DEVICES, SO AS TO PROVIDE THAT THE DEPARTMENT MUST SELL CONFISCATED DEVICES NOT USED OR DESTROYED BY THE DEPARTMENT; TO AMEND SECTION 50-5-120, AS AMENDED, RELATING TO BOARDING OF VESSELS BY LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THE OPERATOR, CREW, AND PASSENGERS OF WATERCRAFT OPERATING IN THE WATERS OF THIS STATE ARE REQUIRED TO COOPERATE WITH LAW ENFORCEMENT OFFICERS OR U. S. COAST GUARD PERSONNEL; TO AMEND SECTION 50-5-300, RELATING TO COMMERCIAL SALTWATER FISHING LICENSE REQUIREMENTS FOR RESIDENTS, SO AS TO PROVIDE THAT A RESIDENT MUST OBTAIN THE LICENSE FOR THE PRIVILEGE OF SELLING, EXCHANGING, OR BARTERING FISH OR PRODUCTS TAKEN OR LANDED BY THE RESIDENT; TO AMEND SECTION 50-5-310, RELATING TO COMMERCIAL SALTWATER FISHING LICENSE REQUIREMENTS FOR NONRESIDENTS, SO AS TO PROVIDE THAT A NONRESIDENT MUST OBTAIN THE LICENSE FOR THE PRIVILEGE OF SELLING, EXCHANGING, OR BARTERING FISH OR PRODUCTS TAKEN OR LANDED BY THE RESIDENT; TO AMEND SECTION 50-5-325, RELATING TO COMMERCIAL EQUIPMENT LICENSES, FEES, AND THE TAGGING OF EQUIPMENT, SO AS TO PROVIDE THAT NO PERSON MAY HOLD OR APPLY FOR A SEPARATE LICENSE RESULTING IN AVOIDANCE OF LICENSE FEE DIFFERENTIALS, AND THAT THE DEPARTMENT MAY REQUIRE AN OWNER TO AFFIX IDENTIFICATION NUMBERS AND TAGS TO COMMERCIAL EQUIPMENT; TO AMEND SECTION 50-5-330, RELATING TO RECREATIONAL FISHING, EQUIPMENT, AND COMMERCIAL MINNOW TRAPS, BY ADDING A PROVISION TO PROVIDE FOR A PENALTY FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-5-335, RELATING TO CHANNEL NET LICENSES AND RESTRICTIONS, SO AS TO REGULATE PREFERENCES FOR LICENSES, PROVIDE THAT APPLICANTS MUST BE SIXTEEN YEARS OF AGE AND A RESIDENT OF THIS STATE, AND THAT ONLY ONE CHANNEL NET LICENSE MAY BE ISSUED TO A PERSON; TO AMEND SECTION 50-5-350, RELATING TO DISPLAY OF LICENSES, PERMITS, AND VESSEL'S IDENTIFICATION DECALS, SO AS TO REQUIRE DISPLAY OF IDENTIFICATION DECALS ON THE PORT AND STARBOARD SIDES OF A VESSEL; TO AMEND SECTION 50-5-360, RELATING TO WHOLESALE SEAFOOD DEALERS AND LICENSES, SO AS TO PROVIDE THAT A PERSON OR ENTITY WHO BUYS, HANDLES, OR SELLS LIVE OR FRESH SALTWATER FISH OR SALTWATER FISH PRODUCTS LANDED IN THIS STATE, REGARDLESS OF WHERE TAKEN, MUST OBTAIN A WHOLESALE SEAFOOD DEALER LICENSE; TO AMEND SECTION 50-5-365, RELATING TO LICENSING REQUIREMENTS APPLICABLE TO SALE OR TRANSPORTATION OF LIVE, FRESHWATER, OR SALT WATER FISHERY PRODUCT, SO AS TO PROVIDE AN EXCEPTION TO THE PENALTY PROVISION OF THIS SECTION; TO AMEND CHAPTER 5, TITLE 50, RELATING TO MARINE RESOURCES, BY ADDING SECTION 50-5-366 SO AS TO PROVIDE THAT A PERSON WHO SELLS OR OFFERS TO SELL SHRIMP MUST HAVE CERTAIN DOCUMENTS IN HIS POSSESSION AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND CHAPTER 5, TITLE 50, RELATING TO MARINE RESOURCES, BY ADDING SECTION 50-5-367 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SELL, OFFER FOR SALE, OR PURCHASE SHRIMP TAKEN OVER BAIT; TO AMEND SECTION 50-5-370, RELATING TO PURCHASE OR REMOVAL OF SALTWATER FISHERY PRODUCTS NOT HANDLED BY A LICENSED WHOLESALE SEAFOOD DEALER FROM THIS STATE FOR COMMERCIAL PURPOSES, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO PERSONS RECEIVING LIVE BAIT FROM A LICENSED LIVE BAIT DEALER OR TO PERSONS OR ENTITIES RECEIVING CULTURED PRODUCTS FROM PERSONS THAT SOLELY PRODUCE FISH OR FISHERY PRODUCTS REARED AS OFFSPRING FROM BROOD STOCK IN CAPTIVITY; TO AMEND SECTION 50-5-505, RELATING TO NET USE REQUIREMENTS AND RESTRICTIONS, SO AS TO PROVIDE THAT NO HAUL SEINE MAY BE SET WITHIN FIVE HUNDRED YARDS OF ANY PUBLIC FISHING PIER; TO AMEND SECTION 50-5-510, RELATING TO CHANNEL NETS, SO AS TO CHANGE THE NUMBER OF BUOYS REQUIRED TO MARK CHANNEL NETS FROM ONE TO THREE AND PROVIDE FOR THEIR LOCATION, AND TO PROVIDE THAT WHEN SET, NO CHANNEL NET MAY BE UNATTENDED FOR MORE THAN TWENTY-FOUR HOURS; TO AMEND SECTION 50-5-515, RELATING TO CHANNEL NETS AND TURTLE EXCLUDER DEVICES, SO AS TO PROVIDE THAT TURTLE EXCLUDER DEVICES MUST CONFORM TO SPECIFICATIONS OF THE NATIONAL MARINE FISHERIES SERVICE FOR SOFT TURTLE EXCLUSION DEVICES; TO AMEND SECTION 50-5-520, RELATING TO CHANNEL NET VIOLATIONS, FORFEITURE OF LICENSES, AND SEIZURE OF EQUIPMENT, SO AS TO PROVIDE THAT THE SEIZURE REQUIREMENTS OF THIS SECTION DO NOT APPLY TO REQUIREMENTS RELATING TO DISTANCES FROM THE CENTERLINE OF MARKED NAVIGATION CHANNELS IF THE DISTANCE IS GREATER THAN THREE HUNDRED FEET; TO AMEND SECTION 50-5-545, RELATING TO COMMERCIAL CRAB TRAPS AND ESCAPE VENT REQUIREMENTS, SO AS TO PROVIDE FOR THE NUMBER, SIZE, AND LOCATION OF CIRCULAR ESCAPE VENTS IN COMMERCIAL CRAB TRAPS, AND TO PROVIDE AN EXEMPTION FOR PEELER TRAPS; TO AMEND SECTION 50-5-550, RELATING TO TRAP BUOY SIZES, SO AS TO PROVIDE THAT MINNOW TRAPS USED FOR COMMERCIAL PURPOSES MUST UTILIZE FLOATS NO SMALLER THAN FIVE INCHES MARKED WITH THE OPERATOR'S NAME AND BAIT DEALER LICENSE NUMBER, AND THAT NO PERSON MAY ACQUIRE MORE THAN ONE IDENTIFICATION NUMBER REQUIRED FOR EACH LICENSED COMMERCIAL SALTWATER FISHERMAN LICENSED TO FISH TRAPS; TO AMEND SECTION 50-5-710, RELATING TO RESTRICTIONS ON TRAWLING FOR SHRIMP, SO AS TO REVISE THE PENALTIES FOR UNLAWFULLY TRAWLING INSIDE AND OUTSIDE OF THE GENERAL TRAWLING ZONE; TO AMEND SECTION 50-5-715, RELATING TO TRAWLING RESTRICTION AREAS WITHIN THE GENERAL TRAWLING ZONE, SO AS TO CHANGE THE REFERENCE TO NOS CHART 11521 FROM THE 2ND EDITION TO THE 22ND EDITION AND TO STRIKE THE WORD "BECOMING"; TO AMEND SECTION 50-5-765, RELATING TO USE OF TURTLE EXCLUDER DEVICES, SO AS TO REVISE CERTAIN TURTLE EXCLUDER DEVICE SPECIFICATIONS AND TO STRIKE A PROVISION THAT CERTAIN TRAWL NETS ARE CONTRABAND; TO AMEND SECTION 50-5-960, RELATING TO RECREATIONAL SHELLFISH BOTTOM HARVESTS, SO AS TO STRIKE A PROVISION THAT NO PERSON MAY GATHER MORE THAN ONE PERSONAL LIMIT OF SHELLFISH PER DAY ON MORE THAN TWO CALENDAR DAYS PER ANY SEVEN-DAY PERIOD AND INSERT A PROVISION THAT NO PERSON MAY HARVEST SHELLFISH RECREATIONALLY ON MORE THAN TWO CALENDAR DAYS PER ANY SEVEN-DAY PERIOD; TO AMEND SECTION 50-5-965, RELATING TO TAKING SHELLFISH FROM BOTTOMS DESIGNATED FOR COMMERCIAL HARVEST AND INDIVIDUAL HARVESTER PERMITS, SO AS TO LIMIT THE APPLICATION OF THE SECTION TO BOTTOMS OR WATERS UNDER PERMIT FOR SHELLFISH CULTURE OR MARICULTURE, EXCLUDE COMMERCIAL FISHERMEN FROM THE APPLICATION OF THE SECTION, AND TO REVISE THE PROVISIONS RELATING TO PENALTIES FOR VIOLATIONS OF THE SECTION; TO AMEND SECTION 50-5-985, RELATING TO SETTING SEASONS FOR TAKING SHELLFISH, SO AS TO EXTEND THE PERIOD THE DEPARTMENT MAY SET THE SEASON FOR TAKING SHELLFISH FROM APRIL 15 TO MAY 15 EACH YEAR; TO AMEND SECTION 50-5-1100, RELATING TO THE TAKING OF SHRIMP, SO AS TO INCREASE THE FINE FOR A VIOLATION OF THIS SECTION FROM TWO HUNDRED DOLLARS TO A FINE OF NOT LESS THAN TWO THOUSAND DOLLARS AND NOT MORE THAN FIVE THOUSAND DOLLARS AND PROVIDE THAT EACH QUART OF SHRIMP TAKEN IN VIOLATION OF THE PROVISIONS OF THIS SECTION IS A SEPARATE OFFENSE; TO AMEND SECTION 50-5-1505, AS AMENDED, RELATING TO PROMULGATION OF REGULATIONS AS TO ZONES, CATCH LIMITS, AND RELATED MATTERS, SO AS TO STRIKE THE LANGUAGE MAKING CERTAIN PROVISIONS OF LAW EFFECTIVE UNTIL THE PROVISIONS ARE PROMULGATED AS REGULATIONS; TO AMEND CHAPTER 5, TITLE 50, RELATING TO MARINE RESOURCES, BY ADDING SECTION 50-5-1506 SO AS TO PROVIDE FOR ZONES, SEASONS, TIMES, METHODS, EQUIPMENT, AND SIZE AND TAKE LIMITS FOR TAKING SHAD; TO AMEND CHAPTER 5, TITLE 50, RELATING TO MARINE RESOURCES, BY ADDING SECTION 50-5-1507 SO AS TO PROVIDE FOR ZONES, SEASONS, TIMES, METHODS, EQUIPMENT, AND SIZE AND TAKE LIMITS FOR TAKING HERRING; TO AMEND CHAPTER 5, TITLE 50, RELATING TO MARINE RESOURCES, BY ADDING SECTION 50-5-1508 SO AS TO PROVIDE FOR ZONES, SEASONS, TIMES, METHODS, EQUIPMENT, AND SIZE AND TAKE LIMITS FOR TAKING STURGEON; TO AMEND SECTION 50-5-1510, RELATING TO SPECIAL PROVISIONS FOR SHAD AND HERRING, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE SKIM-BOW NETS WHILE OPERATING OR POSSESSING COMMERCIAL FISHING EQUIPMENT FOR TAKING SHAD OR HERRING, TO PROVIDE FOR TIMES AND CONDITIONS FOR USING SKIM-BOW NETS AND GILL NETS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-5-1515, AS AMENDED, RELATING TO SHAD HOOK AND LINE CATCH LIMITS, SO AS TO PROVIDE SKIM-BOW NET CATCH LIMITS FOR SHAD AND PROHIBIT THE SALE OF SHAD TAKEN BY SKIM-BOW NET; TO AMEND SECTION 50-5-1540, RELATING TO NET PLACEMENTS, SO AS TO PROVIDE THAT NO NET MAY BE SET WITHIN SIX HUNDRED FEET OF ANY GILL NET PREVIOUSLY SET, OR DRIFTED WITHIN SIX HUNDRED FEET OF ANOTHER DRIFTING NET; TO AMEND SECTION 50-5-1560, RELATING TO PENALTIES FOR OFFENSES FOR WHICH NO PENALTY HAS BEEN PRESCRIBED, SO AS TO STRIKE CERTAIN OBSOLETE LANGUAGE FROM THE SECTION; TO AMEND SECTION 50-5-1915, RELATING TO CHARTER FISHING VESSEL AND PUBLIC PIER LOGS, SO AS TO STRIKE "BOAT" AND INSERT "FISHING VESSEL", REVISE CERTAIN PENALTY PROVISIONS TO INCLUDE A TERM OF IMPRISONMENT, AND PROHIBIT ISSUING CHARTER FISHING VESSEL LICENSES UNTIL THE REQUIREMENTS OF THIS SECTION ARE MET; TO AMEND SECTION 50-5-2100, RELATING TO MARICULTURE PERMITS, SO AS TO REVISE THE PROVISIONS RELATING TO MARICULTURE PERMITS, AND TO FURTHER PROVIDE THAT EACH FISH TAKEN IN VIOLATION OF THIS SECTION IS A SEPARATE OFFENSE; TO AMEND SECTION 50-5-2505, RELATING TO POINT SYSTEM ADMINISTRATION, SO AS TO DELETE AN OBSOLETE PROVISION TO THE EFFECT THAT POINTS AND PENALTIES UNDER THIS SECTION ARE IN ADDITION TO CRIMINAL PENALTIES; TO AMEND SECTION 50-5-2510, RELATING TO SUSPENSION OF SALTWATER PRIVILEGES FOR ACCUMULATION OF POINTS, SO AS TO REVISE CERTAIN LANGUAGE BY STRIKING "BOAT" AND INSERTING "FISHING VESSEL"; TO AMEND SECTION 50-5-2515, RELATING TO NOTICE AND REVIEW OF SUSPENSION OF SALTWATER PRIVILEGES, SO AS TO PROVIDE THAT THE DEPARTMENT MUST NOTIFY THE PERSON OR ENTITY IN WRITING THAT HIS SALTWATER PRIVILEGES HAVE BEEN SUSPENDED, AND TO DELETE CERTAIN OBSOLETE PROVISIONS RELATING TO REQUESTS FOR A REVIEW AFTER RECEIPT OF A NOTICE OF SUSPENSION OF SALTWATER PRIVILEGES; TO AMEND SECTION 50-5-2520, RELATING TO APPEALS, SO AS TO PROVIDE THAT REVIEW OF A SUSPENSION OF SALTWATER PRIVILEGES MUST BE IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 50-5-2725, RELATING TO SHARK CATCH LIMITS, SO AS TO DELETE AN OBSOLETE REFERENCE TO THE FISHERY MANAGEMENT PLAN FOR SHARKS OF THE ATLANTIC OCEAN; TO AMEND SECTION 50-5-2730, RELATING TO FEDERAL FISHING REGULATIONS BEING THE LAW OF THE STATE, SO AS TO INCLUDE SALES RESTRICTIONS WITHIN THE SECTION AND PROVIDE THAT THE FEDERAL REGULATIONS APPLY STATEWIDE INCLUDING IN STATE WATERS; TO AMEND SECTION 50-21-175, RELATING TO WATERCRAFT BEING REQUIRED TO HEAVE TO AND PERMIT BOARDING BY LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THE OPERATOR, CREW, AND PASSENGERS OF ANY WATERCRAFT OPERATING IN STATE WATERS ARE REQUIRED TO COOPERATE WITH LAW ENFORCEMENT OFFICERS OR U. S. COAST GUARD PERSONNEL, AND PROVIDE THAT PASSENGERS MAY BE GUILTY OF VIOLATING THIS SECTION; TO AMEND SECTION 50-5-65, RELATING TO THE SEIZURE AND DISPOSITION OF CONTRABAND, SO AS TO PERMIT THE SALE, DONATION, OR DESTRUCTION OF CERTAIN SEIZED PERISHABLE ITEMS; TO AMEND SECTION 50-5-1100, RELATING TO THE LAWFUL AND UNLAWFUL TAKING OF SHRIMP, SO AS TO REVISE THE PENALTY FOR THE UNLAWFUL TAKING OF SHRIMP; TO AMEND SECTION 50-5-1330, RELATING TO HORSESHOE CRAB PERMITS, SO AS TO PROVIDE THAT EACH HORSESHOE CRAB OR PART THEREOF TAKEN IN VIOLATION OF THIS SECTION IS A SEPARATE OFFENSE; TO AMEND SECTION 50-5-1715, RELATING TO LIMITS ON TAKING DOLPHINS AND MAHI MAHI, SO AS TO PROVIDE THAT EACH FISH TAKEN IN VIOLATION OF ARTICLE 17 IS A SEPARATE OFFENSE; TO AMEND SECTION 50-5-2100, RELATING TO MARICULTURE PERMITS, SO AS TO REVISE MARICULTURE PERMIT PROVISIONS; TO AMEND SECTION 50-5-2105, RELATING TO PERMITS FOR LICENSED WHOLESALE SEAFOOD DEALERS, SO AS TO PROVIDE THAT EACH FISH SOLD OR OFFERED FOR SALE IN VIOLATION OF THIS SECTION IS A SEPARATE OFFENSE; TO AMEND SECTION 50-5-2740, RELATING TO PENALTIES FOR VIOLATIONS OF ARTICLE 27, SO AS TO PROVIDE THAT EACH FISH, LOBSTER, OR OTHER MARINE RESOURCE TAKEN, POSSESSED, SOLD, OFFERED FOR SALE, PURCHASED, OR ATTEMPTED TO BE SOLD, PURCHASED, BROUGHT TO THE DOCK, OR LANDED IN VIOLATION OF THIS ARTICLE IS A SEPARATE OFFENSE; AND TO REPEAL SECTION 50-5-2735 RELATING TO SPINY LOBSTER REGULATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
"Skim-bow net" and "stretch" defined
SECTION 1. Section 50-5-15 of the 1976 Code, as added by Act 245 of 2000, is amended by adding:
"(62) 'Skim-bow net' means a net constructed of webbing not greater than two and one-half inches, stretched mesh, hung within a frame formed by a length of wood or other material looped and attached upon itself end to end forming a loop having no distance across greater than fifteen feet.
(63) 'Stretch' as used to describe the measure of mesh of nets means that the material is pulled snugly but not to the point of lengthening the single or multi-strand line of the netting. Measurement is made across the widest dimension of the mesh when so pulled."
"Anadromous", "dredge", "herring", "peeler trap", "striker", and "trawling" defined
SECTION 2. Section 50-5-15(1), (19), (27), (37), (54), and (60) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(1) 'Anadromous' identifies fish which undertake adult migration from brackish or salt waters into freshwaters to spawn, except striped bass or rock fish and hybrid bass, and includes landlocked stocks of those fish."
"(19) 'Dredge' means equipment used for harvesting bottom dwelling aquatic life which is not a trawl and is powered by mechanical means, and is designed to contact the bottom when in operation."
"(27) 'Herring' means any or all life stages of the river herrings being blueback herring (Alosa aestivalis) and alewife (Alosa pseudoharengus)."
"(37) 'Peeler trap' means a trap constructed of one inch or smaller hexagonal wire which is:
(a) unbaited; or
(b) baited with only one live male crab and may have one single piece of fish having no dimension greater than three inches."
"(54) 'Striker' means a person, other than a licensed saltwater commercial fisherman, who under immediate supervision assists a licensed commercial saltwater fisherman, but does not use separate commercial equipment on a vessel which is engaged in commercial fishing."
"(60) 'Trawling' means fishing with a trawl or having any part of a trawl door in the water."
Department authority to close salt water fishing seasons, areas, or activities in an emergency; penalty
SECTION 3. Chapter 5, Title 50 of the 1976 Code is amended by adding:
"Section 50-5-32.(A) The department has the authority to close any commercial or recreational fishing season, area, or activity in the salt waters of this State when an emergency exists. For the purposes of this section an emergency is an unusual, sudden, and unexpected natural or man-induced situation or occurrence which threatens the future or present well-being of a fishery resource or its habitat in a part of or in all of the salt waters of this State.
(B) The department must use all reasonable means to give notice to the public or an emergency closure issued pursuant to subsection (A) as soon as practicable. An emergency closure notice must specify the cause of the emergency and the fishing season, area, or activity closed, and, if known, the duration of the closure.
(C) When taking emergency action under this section, the department must notify the appropriate standing committees of the Senate and the House of Representatives of its actions as soon as practicable. Supporting resource assessments, scientific documentation, and notice of action taken must be provided to the committees.
(D) During the first three days of an emergency closure instituted under this section, the department must issue only warnings for first offense, noncommercial violations of the closure.
(E) The department must monitor the situation or occurrence under which the emergency arose and must reopen the closed season, area, or activity as soon as, but only when, the threat to the resource or its habitat no longer exists.
(F) It is unlawful to take or attempt to take saltwater fish in violation of an emergency closure. A person violating an emergency closure is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days."
Notice required before opening or closing commercial fishing seasons
SECTION 4. Section 50-5-35 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-35. (A) In opening or closing any commercial fishing season pursuant to this chapter, except under the emergency closure authority provided in Section 50-5-32, the department shall give at least twenty-four hours notice of any action and shall use all reasonable means to inform the public.
(B) Except as provided in Section 50-5-955(B), nothing in this chapter alters, reduces, or amends the authority of the Department of Health and Environmental Control to regulate for public health and environmental protection."
Sale, donation, or destruction of seized perishable items; proceeds
SECTION 5. Section 50-5-65(B) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(B) Any perishable item seized, the sale of which is illegal per se, may be donated by the department to a nonprofit entity, in the discretion of the department, or destroyed provided that any perishable item, the sale of which is illegal only because of the place or manner or method in which or by which it was taken must be sold, donated, or destroyed. The proceeds of any perishable item sold must be retained until final adjudication of the case. Any proceeds of the sale must be returned to the defendant in the event of a verdict of not guilty."
Sale of confiscated device not used or destroyed by the department
SECTION 6. Section 50-5-70 of the 1976 Code, as last amended by Act 245 of 2000, is further amended to read:
"Section 50-5-70. The department shall sell any confiscated device not used or destroyed by the department at public auction for cash to the highest bidder in the county where it was seized, after having given ten days' public notice of the sale. When the device is of greater value than one thousand dollars, the owner may at any time before sale redeem it by paying to the department one thousand dollars. When the device is of lesser value than one thousand dollars, the owner may at any time before the sale redeem it by paying to the department the retail market value."
Cooperate with law enforcement officers or U. S. Coast Guard personnel required
SECTION 7. Section 50-5-120 of the 1976 Code, as last amended by Act 245 of 2000, is amended to read:
"Section 50-5-120. (A) The operator and crew of any watercraft operating in state waters are required to heave to when signaled or hailed, and allow boarding by law enforcement officers or U.S. Coast Guard personnel.
(B) The operator, crew, and passengers of any watercraft operating in state waters are required to cooperate with law enforcement officers or U. S. Coast Guard personnel.
(C) Any operator, crew member, or passenger, of any watercraft violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned for not more than thirty days."
Commercial saltwater fishing license for residents
SECTION 8. Section 50-5-300(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(A) For the privilege of taking or landing anadromous fish, saltwater fish, or fisheries products for commercial purposes, a resident must obtain a commercial saltwater fishing license for a fee of twenty-five dollars unless specifically exempted in this article. A resident must also obtain a commercial saltwater fishing license for the privilege of selling, exchanging, or bartering such fish or product taken or landed by the resident."
Commercial saltwater fishing license for nonresidents
SECTION 9. Section 50-5-310(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(A) For the privilege of taking or landing anadromous fish, saltwater fish, or fisheries products for commercial purposes, a nonresident must obtain a nonresident commercial saltwater fishing license for a fee of three hundred dollars unless specifically exempted in this article. A nonresident must also obtain a commercial saltwater fishing license for the privilege of selling, exchanging, or bartering such fish or product taken or landed by the nonresident."
Commercial equipment licenses and fees; separate licenses; required decals; identification and tagging of commercial equipment
SECTION 10. Section 50-5-325(A), (D), (F), (G), and (H) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(A) Commercial equipment, excluding vessels, used in the salt waters of this State and in fisheries for anadromous and catadromous species in any waters of this State must be licensed by the department. The owner and operator are responsible for obtaining a license:
(1) to use a trawl or trawls, and the cost is one hundred twenty-five dollars for residents and three hundred dollars for nonresidents;
(2) to use traps, and the cost is twenty-five dollars per fifty traps and one dollar for each trap thereafter for residents, and one hundred twenty-five dollars per fifty traps and five dollars for each trap thereafter for nonresidents;
(3) to use a channel net for taking shrimp, and the cost is two hundred fifty dollars for each net;
(4) to use a gill net for taking shad, herring, or sturgeon, and the cost is ten dollars per one hundred net yards or a fraction thereof for residents and fifty dollars per one hundred net yards or a fraction thereof for nonresidents, and to use any other gill net or haul seine the cost is ten dollars per one hundred net feet or a fraction thereof for residents and fifty dollars per one hundred net feet or a fraction thereof for nonresidents;
(5) to use hand-held equipment to take shellfish, including tongs, rakes, and forks, at no cost;
(6) to use a drag dredge, and the cost is seventy-five dollars for residents and three hundred seventy-five dollars for nonresidents;
(7) to use other mechanically operated or boat assisted equipment, other than equipment used to set or retrieve licensed equipment, and the cost is one hundred twenty-five dollars for residents and six hundred twenty-five dollars for nonresidents;
(8) to use trotlines with baits or hooks, and the cost is ten dollars for residents and fifty dollars for nonresidents for each line having not more than fifty baits or hooks per line;
(9) to use any other commercial equipment, and the cost is ten dollars for each type for residents and fifty dollars per type for nonresidents.
(D) No person may hold or apply for a separate license resulting in avoidance of a license fee differential specified in this section.
(F) Other than vessels solely transiting the State in interstate commerce, any vessel on or from which commercial equipment is used or transported must display on its port and starboard sides current identification decals provided by the department.
(G) The department may require an owner or operator who uses commercial equipment without being present to affix an identification number and tag issued by the department to each piece of commercial equipment while the commercial equipment is in use. The owner and operator are responsible for assuring the number and tag are affixed.
(H) Only those types of commercial equipment specifically allowed by this chapter may be used for commercial purposes; provided, the department may grant permits for additional equipment types as stated in Section 50-3-340."
Penalty for fishing or using equipment in excess of numbers allowed
SECTION 11. Section 50-5-330 of the 1976 Code, as added by Act 245 of 2000, is amended by adding:
"(E) A person who violates this section by fishing or using equipment in excess of the numbers allowed in this section or in violation of subsection (D) is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days."
Channel net licenses; restrictions
SECTION 12. Section 50-5-335 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-335. (A) The department may grant no more than a cumulative total of sixty licenses for the use of channel nets in any one year. Applicants who held channel net licenses in the previous license year and who were not in violation of conservation laws or regulations must be given preference for licenses unless a violation results in a point suspension under Article 25, preference must not be denied solely for violations pertaining to:
(1) marking or lighting of channel nets;
(2) distance from the centerline of marked navigation channels if the distance is greater than 300 feet; or
(3) distance between channel nets and other fishing devices.
(B) An applicant must be sixteen years of age or older and a resident of this State, and licenses must be applied for in person. Only one license may be issued to a person."
Display of vessel's identification decals
SECTION 13. Section 50-5-350(C) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(C) The operator and the owner of a vessel used for commercial purposes must have aboard the required commercial equipment licenses and permits and display on its port and starboard sides the vessel's identification decals provided by the department."
Wholesale seafood dealer licenses; requirements for persons operating from temporary locations
SECTION 14. Section 50-5-360(A) and (F) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(A) Except as provided in subsection (G), a person or entity who buys, receives, or handles any live or fresh saltwater fish or any saltwater fishery products landed in this State regardless of where taken and packs, processes, ships, consigns, or sells such items at other than retail, and not solely as bait, must first obtain a wholesale seafood dealer license. A person who buys or receives such product solely from licensed wholesale seafood dealers is not required to obtain a wholesale seafood dealer license. The fee for a resident wholesale seafood dealer license is one hundred dollars, and the fee for a nonresident license is five hundred dollars. Each location at which products are to be packed, processed, shipped, consigned, or bought, or to be sold at wholesale must be a permanent, nonmobile establishment, and must be separately licensed. The department may require applicants to specify the activities in which the applicant intends to engage. The department may provide information provided in the application to the South Carolina Department of Agriculture and the South Carolina Department of Health and Environmental Control.
(F) Roadside vendors, transient dealers, or peddlers operating from vehicles, roadside stands, or other temporary locations who sell or offer for sale saltwater fishery products are retail dealers who must comply with the retail license and tax requirements of state and local law. The person or entity must be a licensed wholesale seafood dealer or must have received or purchased the products from licensed wholesale seafood dealers or other licensed retailers and must comply with the requirements of Section 50-5-365(A)."
Penalty provision; exception
SECTION 15. Section 50-5-365(F) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(F) Except as provided in Section 50-5-366, a person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days."
Documents required to be in possession of persons selling shrimp
SECTION 16. Chapter 5, Title 50 of the 1976 Code is amended by adding:
"Section 50-5-366. (A) Between September 1 and December 15 a person or entity who sells or offers for sale shrimp must have in possession dated receipts, bills of sale, or similar documents showing:
(1) the name of the licensed wholesale seafood dealer, or the licensed commercial fisherman if the seller is a licensed wholesale seafood dealer, from whom the shrimp were purchased or received;
(2) the date on which the shrimp were purchased or received; and
(3) the quantity of shrimp purchased or received.
(B) Any person or entity violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than five thousand dollars and may be imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months, and the shrimp and its containers must be seized.
(C) This section does not apply to a licensed commercial saltwater fisherman:
(1) when selling his catch of shrimp to a licensed seafood dealer; or
(2) who is a licensed wholesale seafood dealer.
(D) Any person or entity who conspires with another to violate this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or more than two thousand dollars and may be imprisoned for not more than thirty days and must have his saltwater privileges suspended for an additional twelve months."
Unlawful to sell, offer, or purchase shrimp taken over bait
SECTION 17. Chapter 5, Title 50 of the 1976 Code is amended by adding:
"Section 50-5-367. (A) It is unlawful to sell or to offer for sale shrimp taken over bait.
(B) Any person or entity violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or more than five thousand dollars and may be imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months, and the shrimp, its containers, used in violation of this section must be seized.
(C) It is unlawful to knowingly purchase shrimp taken over bait."
Wholesale seafood dealer license not required of certain persons
SECTION 18. Section 50-5-370(A) and (B) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(A) It is unlawful for a person not licensed as a wholesale seafood dealer to purchase, handle, barter, or trade or to attempt to purchase, handle, barter, or trade saltwater fishery products taken, landed, produced, or cultured in this State unless first handled by a licensed wholesale seafood dealer. As to the products specified, this section does not apply to:
(1) persons receiving live bait from a licensed live bait dealer; or
(2) persons or entities receiving cultured product from persons or entities that solely produce fish or fishery products reared as offspring from brood stock in captivity.
(B) No person may remove from this State for a commercial purpose any saltwater fish or fishery products landed in this State unless the fish or product is accompanied by original, dated bills of lading, invoices, receipts, bills of sale, or similar documents showing the quantity of each type of saltwater fish or fishery product being transported and the name of the licensed wholesale seafood dealer or retail establishment from whom the products were purchased or received."
Haul seine may not be set within five hundred yards of public fishing pier
SECTION 19. Section 50-5-505(D) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(D) No haul seine may be set within five hundred yards of any public fishing pier."
Channel net buoys; channel net may not be unattended for more than twenty-four hours; penalties
SECTION 20. Section 50-5-510(E), (G), and (H) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(E) The following requirements apply to channel nets used in the salt waters of this State:
(1) the width at the mouth measured across the float or head line must not exceed eighty feet;
(2) no channel net may be operated from a trawler;
(3) a channel net must be marked with three buoys, international orange in color, constructed of solid foam or polyvinylchloride and not less than forty inches in circumference so as to be clearly visible at all times above the water's surface, one attached to each staff and one having the name, address, and license number of the owner thereon attached outside of the tailbag or codend; and
(4) a channel net set at night must be marked by a white light clearly visible from a distance of one-quarter of a nautical mile.
(G) No channel net when set may be unattended for more than twenty-four hours. Any channel net not fished for more than twenty-four hours or which contains decomposed fish is contraband and must be seized and disposed of as provided in this chapter.
(H) Any person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days."
Requirements for turtle excluder devices
SECTION 21. Section 50-5-515(B)(2) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(2) A soft TED must be constructed and installed so as to conform to the specifications of the National Marine Fisheries Service for soft TED's."
Channel net violations; seizure requirements revised
SECTION 22. Section 50-5-520 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-520. In addition to any other penalty, a person who violates channel net laws forfeits the privilege to hold a channel net license for the next thirty open season days. Any boat, motor, boat trailer, and equipment used in aid of a violation related to channel nets or during the period for which the channel net license has been suspended or revoked must be seized and disposed of as provided in this chapter. This seizure requirement does not apply to requirements relating to lighting of channel nets, distances from the centerline of marked navigation channels if the distance is greater than three hundred feet, and distances between channel nets and other fishing devices."
Requirements for crab traps used for commercial purposes; peeler traps exempt
SECTION 23. Section 50-5-545 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-545. (A) Except as provided in this section, from June 1 through March 14, a crab trap used for commercial purposes must have at least two unobstructed, circular escape vents (rings) which must be two and three-eighths inches or greater in inside diameter and located on vertical surfaces. At least one vent (ring) must be in the upper chamber. All vents (rings) must be within two inches of the horizontal partition or the base of the trap.
(B) Crab traps constructed of a single chamber must have at least one two and three-eighths inch or larger inside diameter escape vent (ring) located on a vertical surface within two inches of the base of the trap. Peeler traps are exempt year round."
Float requirements for minnow traps used for commercial purposes; commercial saltwater fisherman licensed to fish traps must not acquire more than one identification number
SECTION 24. Section 50-5-550(A) and (C) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(A) Other than minnow traps not used for a commercial purpose, and traps with lines attached to a shore based structure and not used for a commercial purpose, each trap set in the waters of this State must have attached to it a buoy made of solid, buoyant material which does not sink if punctured or if cracked. A spherical or nonspherical primary buoy must be attached to each trap. A nonspherical buoy must be at least ten inches in length and five inches in diameter or width. A spherical buoy must be at least six inches in diameter. No plastic, metal, or glass bottles or jugs may be used as a buoy, and no buoy attached may be made of a material which could sink if punctured or cracked. No floating line or rope may be used. Minnow traps used for commercial purposes must utilize floats no smaller than five inches marked with the operator's name and bait dealer license number.
(C) Each licensed commercial saltwater fisherman licensed to fish traps must acquire an identification number assigned by the department. No person may acquire or attempt to acquire more than one identification number. The assigned identification number must be burned or branded on each primary trap buoy in numerals of at least two inches in height, must be clearly legible, must be in a color contrasting that of the buoy, and must be unobstructed and visible when the buoy is at rest in the water."
Restrictions on trawling for shrimp in General Trawling Zone; prohibitions on trawling outside General Trawling Zone; penalties revised
SECTION 25. Section 50-5-710 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-710. (A) Except as otherwise provided by law, it is lawful to trawl for shrimp or prawn in the General Trawling Zone only during those times and seasons set by the department. It is unlawful for a person to trawl inside the General Trawling Zone:
(1) one-quarter nautical mile or less during the closed season;
(2) more than one-quarter nautical mile during the closed season;
(3) one-quarter nautical mile or less at a time ten minutes or less before daily opening time or ten minutes or less after daily closing time during the open season;
(4) more than one-quarter nautical mile at a time more than ten minutes before daily opening or ten minutes after daily closing times during the open season;
(5) more than one-quarter nautical mile at a time ten minutes or less before daily opening time or ten minutes or less after daily closing time during the open season; or
(6) one-quarter nautical mile or less at a time more than ten minutes before daily opening time or after daily closing time during the open season.
A person who violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days.
Any catch aboard or under control of the fisherman or other person at the time of the violation is contraband and must be seized and disposed of as provided in this chapter.
(B) Except as otherwise provided by law, it is unlawful to trawl in the waters of this State outside the General Trawling Zone. A person who violates this subsection by trawling outside the General Trawling Zone:
(1) one hundred yards or less during the open season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days;
(2) more than one hundred yards during the open season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days;
(3) during the closed season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days; or
(4) one-half nautical mile distance or greater from the nearest point of the General Trawling Zone boundary is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for two years in addition to any other suspension under this chapter.
Any catch aboard or under the control of the fisherman or other person at the time of a violation of this subsection is contraband and must be seized and disposed of as provided in this chapter."
Correction to trawling restriction areas within General Trawling Zone
SECTION 26. Section 50-5-715(A)(6) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(6) Based on NOS chart 11521 (22nd edition, January 20, 1996), all that area bounded by a closed line beginning at the southernmost point of Seabrook Island at latitude 32° 33.55' N, longitude 080° 10.50' W; thence following the shorelines of Seabrook Island and Kiawah Island and crossing the mouth of Captain Sam's Inlet to the point on Kiawah Island (Sandy Point) at latitude 32° 37.18' N, longitude 079° 59.65' W; thence southerly, following a straight line on a geodetic azimuth of 180 degrees, to the point one-quarter nautical mile seaward from the shoreline; thence southwesterly and northwesterly following a line that is one-quarter nautical mile seaward of the shoreline to the point at the intersection of said line and the inshore trawl boundary crossing the North Edisto River; thence following the inshore trawl boundary easterly to the point of beginning."
Turtle excluder device requirements; penalties revised
SECTION 27. Section 50-5-765 of the 1976 Code, as added by Act 245 of 2000, is further amended to read:
"Section 50-5-765. (A) Except as provided in this section, a turtle excluder device must be used in trawl nets in the salt waters of this State under the same conditions required by federal regulations.
(B) Until the federal regulations are amended to require turtle excluder device escape openings having dimensions equal to or greater than those required in item (1) of this subsection, each trawl net using a hard turtle excluder device in the salt waters of this State:
(1) must have a turtle excluder device escape opening of no less than thirty-five inches in taut horizontal length and no less than twenty inches in simultaneous vertical taut height; or
(2) must have a federally approved leatherback or double cover flap hard turtle excluder device modification.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand five hundred dollars or imprisoned for not more than thirty days."
Rules governing recreational shellfish bottom harvests
SECTION 28. Section 50-5-960(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(A) The following provisions apply to the taking and possessing of shellfish from bottoms designated by the department for recreational shellfish harvest by persons not permitted to harvest shellfish for commercial purposes:
(1) there is a personal limit of not more than two bushels of oysters or one-half bushel of clams, or both, in any one day;
(2) no person may harvest shellfish recreationally on more than two calendar days per any seven-day period; and
(3) regardless of the number of persons, there is a maximum possession limit of three personal limits per boat or vehicle or boat and vehicle combination."
Penalties for taking shellfish from bottoms designated for commercial harvest revised
SECTION 29. Section 50-5-965(D), (E), (F), and (G) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(D) It is unlawful for a person to take or attempt to take shellfish in quantities greater than those for personal use provided in this article from any state-owned bottoms or waters without having in his possession a valid individual commercial harvesting permit granted to him.
(E) It is unlawful for any person to take or attempt to take shellfish from state-owned bottoms or waters under permit for shellfish culture or mariculture without a valid individual harvester permit granted to him by the department.
(F) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days.
(G) In order to obtain an individual harvester permit a person must be a licensed commercial saltwater fisherman and hold all other appropriate valid commercial licenses."
Period within which department may set season for taking shellfish revised
SECTION 30. Section 50-5-985(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(A) The department annually may set the season for taking shellfish between September 16 of any year through May 15 of the following year, inclusive. It is unlawful for a person to take or attempt to take any shellfish from shellfish grounds during the closed season. A person who violates the provision of this subsection for a commercial purpose is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months. A person who violates this section for a noncommercial purpose is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days."
Penalty for unlawful taking of shrimp revised
SECTION 31. Section 50-5-1100(H) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(H) A person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars and may be imprisoned for not more than thirty days and the shrimp baiting privilege must be suspended for two years. The boat, motor, trailer, rigging, coolers, nets, fishing devices, and catch are contraband and must be seized and disposed of as provided in this chapter."
Unlawful to take or attempt to take shad, herring, or sturgeon except as authorized
SECTION 32. Section 50-5-1505 of the 1976 Code, as last amended by Act 183 of 2002, is further amended to read:
"Section 50-5-1505. The department must monitor the various drainage basins and water bodies of this State and may promulgate regulations to set seasons, take (catch) and size limits, areas, methods, times, equipment requirements, and catch reporting requirements for taking of shad, herring, and sturgeon as needed for proper management in each basin or water body as a zone. It is unlawful to take or attempt to take shad, herring, or sturgeon except as authorized by this article. It is unlawful to possess more than the legal limit of shad, herring, or sturgeon."
Zones, seasons, times, catch limits, size limits, methods, and equipment for taking shad revised
SECTION 33. Chapter 5 of Title 50 of the 1976 Code is amended by adding:
"Section 50-5-1506. In addition to other provisions of law, the following provisions govern seasons, times, methods, equipment, size limits, and take limits in commercial fishing for shad in the waters of this State specified below:
(a) Winyah Bay system including Black River, Sampit River, Great Pee Dee River, Little Pee Dee River, Lynches River, Waccamaw River from its northern ocean outlet at Little River to Winyah Bay, Winyah Bay, and all tributaries and distributaries thereto as follows:
(i) Pee Dee River and tributaries above U.S. Highway 701, Waccamaw River with tributaries above entrance of Big Bull Creek, and Black River above County Road 179:
(1) Season: February 1 through April 30;
(2) Times: noon Monday through noon Saturday;
(3) Methods and equipment: Any lawful method and equipment;
(4) Size and take limits: No limits.
(ii) Remainder of Winyah Bay system including all of Big Bull Creek and Sampit River:
(1) Season: February 1 through April 15;
(2) Times: Monday noon to Saturday noon, local time;
(3) Methods and equipment: No restriction provided drift nets of not more than nine hundred feet in length are allowed in Waccamaw River between Butler Island and U.S. Highway 17 during lawful times;
(4) Size and take limits: No limits.
(b) Santee River below Wilson Dam including the Rediversion Canal below St. Stephen Dam, North Santee River and Bay, South Santee River, and all tributaries and distributaries thereto as follows:
(i) Rediversion Canal from St. Stephen Dam seaward to the seaward terminus of the northern dike of the Rediversion Canal:
Season: No open season;
(ii) Rediversion Canal from the seaward terminus of the northern dike of the Rediversion Canal seaward to Santee River:
(1) Season: February 1 through April 30;
(2) Times: 7:00 a.m. to 7:00 p.m. local time, Tuesday and Thursday;
(3) Methods and equipment: Any lawful method and equipment;
(4) Size and take limits: No limits.
(iii) Wilson Dam seaward to U.S. Highway 52 bridge:
Season: No open season.
(iv) U.S. Highway 52 bridge seaward to S.C. Highway 41 bridge:
(1) Season: February 1 through April 30;
(2) Times: 7:00 a.m. to 7:00 p.m. local time, Tuesday and Thursday;
(3) Methods and equipment: Any lawful method and equipment;
(4) Size and take limits: No limits.
(v) S.C. Highway 41 bridge seaward:
(1) Season: February 1 through March 31;
(2) Times: Monday noon to Saturday noon, local time;
(3) Methods and equipment: Any lawful method and equipment;
(4) Size and take limits: No limits.
(c) Charleston Harbor System including Wando River and Cooper River seaward to the U.S. Highway 17 bridges, Charleston Harbor, Ashley River, and all tributaries and distributaries thereto as follows:
(i) Tailrace Canal from Wadboo Creek to the Jefferies Power Plant:
Season: No open season.
(ii) Cooper River from Wadboo Creek to U.S. Highway 17:
Season: No open season.
(iii) Ashley River seaward to its confluence with Popper Dam Creek:
(1) Season: February 1 through March 31;
(2) Times: Wednesday noon to Saturday noon, local time;
(3) Methods and equipment: No restrictions;
(4) Size and take limits: None.
(iv) Remainder of the Charleston Harbor system:
(1) Season: February 1 through March 31;
(2) Times: Wednesday noon to Saturday noon, local time;
(3) Methods and equipment: Drift gill nets only;
(4) Size and take limits: No limits.
(d) Edisto River basin including Edisto River Estuary, Edisto River, North and South Branches (Forks) of the Edisto River, and all tributaries and distributaries thereto as follows:
(i) Above U.S. Highway 15 bridge:
(1) Season: January 15 through April 15;
(2) Times: Tuesday noon to Saturday noon, local time;
(3) Methods and equipment: Any lawful method and equipment; provided, however, shad gill nets having a mesh size no smaller than four and one-half inches and no larger than five and one-half inches may be used until April 15, 2002, and shad gill nets having a mesh size no smaller than five inches and no larger than five and one-half inches may be used thereafter;
(4) Size and take limits: No limits.
(ii) Seaward of U. S. Highway 15 bridge and above U. S. Highway 17 bridge:
(1) Season: January 15 through April 15;
(2) Times: Tuesday noon to Saturday noon, local time;
(3) Methods and equipment: Any lawful method and equipment;
(4) Size and take limits: No limits.
(iii) Seaward of U.S. Highway 17 bridge:
(1) Season: January 1 through March 31;
(2) Times: Wednesday noon to Friday midnight, local time;
(3) Methods and equipment: Any lawful method and equipment;
(4) Size and take limits: No limits.
(e) Ashepoo River and all tributaries and distributaries thereto as follows:
(1) Season: February 1 through March 31;
(2) Times: Friday noon to Saturday noon, local time;
(3) Methods and equipment: Any lawful method and equipment;
(4) Size and take limits: No limits.
(f) Combahee River and all tributaries and distributaries thereto as follows:
(i) Tributaries and distributaries, except main stems of Salkehatchie Rivers:
Season: No open season.
(ii) Main river including main stems of Salkehatchie Rivers:
(1) Season: January 15 through March 31;
(2) Times: For anchored nets, Tuesday noon to Friday noon, local time; for driftnets, Monday noon to Saturday noon, local time;
(3) Methods and equipment: Any lawful method and equipment;
(4) Size and take limits: No limits.
(g) Coosawhatchie River and all tributaries and distributaries thereto as follows:
Season: No open season.
(h) South Carolina portions of Savannah River and all tributaries and distributaries thereto as follows:
(i) Main river above U.S. Interstate Highway 95 bridge:
(1) Season: January 1 through April 15;
(2) Times: 7:00 a.m. Wednesday to 7:00 p.m. Saturday, local time;
(3) Methods and equipment: Any lawful method and equipment;
(4) Size and take limits: No limits.
(ii) Tributaries and distributaries above U.S. Interstate Highway 95 bridge:
Season: No open season.
(iii) Seaward of U.S. Interstate Highway 95 bridge.
(1) Season: January 1 through March 31. Taking or attempting to take shad with anchored nets is prohibited at all times in the Savannah River's Little Back River, Back River and the north channel of the Savannah River downstream from the New Savannah Cut;
(2) Times: 7:00 a.m. Tuesday to 7:00 p.m. Friday, local time;
(3) Methods and equipment: Any lawful method and equipment;
(4) Size and take limits: No limits.
(i) Atlantic Ocean territorial sea as follows:
(1) Season: February 1 through March 31;
(2) Times: 7:00 a.m. Tuesday to 7:00 p.m. Saturday, local time;
(3) Methods and equipment: gill net; may be drift fished only; anchor nets are prohibited; gill nets, stake row nets, or pound nets are prohibited off Winyah Bay within three nautical miles of the midpoint of a line extending from where the north jetty of Winyah Bay intersects North Island running southwesterly to where the south jetty of Winyah Bay intersects Sand Island, including all waters between the jetties;
(4) Size and take limits: No limits.
(j) Lake Moultrie, Lake Marion, Diversion Canal, Intake Canal of Rediversion Canal, and all tributaries and distributaries thereto as follows:
(1) Season: No closed season;
(2) Times: No restrictions;
(3) Methods and equipment: Cast net and lift net;
(4) Size and take limits: Two hundred fifty pounds per boat per day combined catch of herring and shad."
Zones, seasons, times, catch limits, size limits, methods, and equipment for taking herring revised
SECTION 34. Chapter 5 of Title 50 of the 1976 Code is amended by adding:
"Section 50-5-1507. In addition to other provisions of law, the following provisions govern seasons, times, methods, equipment, size limits, and take limits in commercial fishing for herring in the waters of this State:
(a) Winyah Bay system including Black River, Sampit River, Great Pee Dee River, Little Pee Dee River, Lynches River, Waccamaw River from its northern ocean outlet at Little River to Winyah Bay, Winyah Bay, and all tributaries and distributaries thereto as follows:
(1) Season: February 15 through April 15;
(2) Times: 7:00 a.m. Wednesday to 7:00 p.m. Saturday, local time;
(3) Methods and equipment: Any lawful method and equipment;
(4) Size and take limits: No limits.
(b) Santee River below Wilson Dam including the Rediversion Canal below St. Stephen Dam, North Santee River and Bay, South Santee River, and all tributaries and distributaries thereto as follows:
(i) Santee River below the cable and buoys marking the seaward boundary of the Wilson Dam sanctuary designated by the department seaward to Wilson Dam Boat Landing:
(1) Season: February 15 through April 30 for herring only;
(2) Times: Sunrise Monday to sunset Thursday, as locally published;
(3) Methods and equipment: Cast net and seine net. No seine may exceed one hundred yards in total length. The mesh of the seine shall not be less than one-half inch square. All fish except those used for live bait must be containerized in one bushel units before landing;
(4) Size and take limits: Ten U.S. bushels per boat per day including lawful incidental catch; harvest may not be transferred between boats; and no additional boat may be used to increase a person's daily take.
(ii) Rediversion Canal:
(1) Season: March 1 through April 30;
(2) Times: 7:00 p.m. to 12:00 p.m. EST or 8:00 p.m. to 12:00 p.m. DST;
(3) Methods and equipment: Circular drop nets with a maximum six-foot diameter, lift nets, and cast nets allowed; other equipment prohibited; nets must be operated by hand; trawling prohibited; culling prohibited; all fish except those used for live bait must be containerized in units of one hundred pounds maximum weight before landing; all fishing is prohibited within one hundred feet of the fish lift exit channel at St. Stephen Powerhouse, except with hook and line from March 1 through April 15;
(4) Size and take limits: Ten U.S. bushels per boat per day including lawful incidental catch; harvest may not be transferred between boats; and no additional boat may be used to increase a person's daily take.
(iii) Santee River seaward of Wilson Boat Landing:
Season: No open season.
(c) Charleston Harbor System including Wando River and Cooper River seaward to the U.S. Highway 17 bridges, Charleston Harbor, Ashley River, and all tributaries and distributaries thereto as follows:
(i) Tailrace Canal from CSX Railroad Bridge to the Jefferies Power Plant Sanctuary line:
(1) Season: March 1 through April 30;
(2) Times: Sunrise as locally published to 10:00 p.m.;
(3) Methods and equipment: Circular drop nets with a maximum six foot diameter, lift nets, and cast nets allowed; other equipment prohibited; nets must be operated by hand; trawling prohibited; culling prohibited; all fish except those used for live bait must be containerized in units of one hundred pounds maximum weight before landing;
(4) Size and take limits: Ten U.S. bushels per boat per day; harvest may not be transferred between boats and no additional boat may be used to increase a person's daily take.
(ii) Cooper River from CSX Railroad to U.S. Highway 17 bridges:
Season: No open season.
(iii) Charleston Harbor system excluding Tailrace Canal and Cooper River seaward to U.S. Highway 17 bridges:
(1) Season: February 15 through April 15;
(2) Times: No restrictions;
(3) Methods and equipment: Any lawful method and equipment;
(4) Size and take limits: No limits.
(d) Lake Moultrie, Lake Marion, Diversion Canal, Intake Canal of Rediversion Canal, and all tributaries and distributaries thereto as follows:
(1) Season: No closed season;
(2) Times: No restrictions;
(3) Methods and equipment: Cast net, lift net, and hook and line;
(4) Size and take limits: Two hundred fifty pounds per boat per day combined catch of shad and herring and other lawful incidental catch.
(e) Lake Jocassee and all tributaries and distributaries thereto as follows:
(1) Season: No closed season;
(2) Times: No restrictions;
(3) Methods and equipment: Hook and line;
(4) Size and take limits: No limits.
(f) Lake Keowee and all tributaries and distributaries thereto as follows:
(1) Season: No closed season;
(2) Times: No restrictions;
(3) Methods and equipment: Cast net and hook and line;
(4) Size and take limits: No limits.
(g) Lake Hartwell and all tributaries and distributaries thereto as follows:
(1) Season: No closed season;
(2) Times: No restrictions;
(3) Methods and equipment: Cast net and hook and line;
(4) Size and take limits: No limits.
(h) Lake Richard B. Russell and all tributaries and distributaries thereto as follows:
(1) Season: No closed season;
(2) Times: No restrictions;
(3) Methods and equipment: Cast net and hook and line;
(4) Size and take limits: No limits.
(i) Lake J. Strom Thurmond and all tributaries and distributaries thereto as follows:
(1) Season: No closed season;
(2) Times: No restrictions;
(3) Methods and equipment: Cast net and hook and line;
(4) Size and take limits: No limits.
(j) Lake Secession, Stevens Creek Reservoir, and all tributaries and distributaries thereto as follows:
(1) Season: No closed season;
(2) Times: No restrictions;
(3) Methods and equipment: Cast net and hook and line;
(4) Size and take limits: No limits.
(k) Lake Greenwood, Lake Murray, Saluda River between Buzzards Roost (Lake Greenwood Dam) and S.C. Highway 121, and all tributaries and distributaries thereto as follows:
(1) Season: No closed season;
(2) Times: No restrictions;
(3) Methods and equipment: Cast net and hook and line;
(4) Size and take limits: No limits.
(l) Catawba River impoundments, including Lake Wylie and Lake Wateree, and all tributaries and distributaries thereto as follows:
(1) Season: No closed season;
(2) Times: No restrictions;
(3) Methods and equipment: Cast net and hook and line;
(4) Size and take limits: No limits.
(m) Lake Monticello and all tributaries and distributaries thereto as follows:
(1) Season: No closed season;
(2) Times: No restrictions;
(3) Methods and equipment: cast net and hook and line;
(4) Size and take limits: No limits."
Zones, seasons, times, catch limits, size limits, methods, and equipment for taking sturgeon revised
SECTION 35. Chapter 5, Title 50 of the 1976 Code is amended by adding:
"Section 50-5-1508. In addition to other provisions of law, the following provisions govern seasons, times, methods, equipment, size limits, and take limits in fishing for Atlantic sturgeon in the waters of this State:
(a) Territorial sea:
Season: No open season.
(b) Internal waters:
Season: No open season."
Special provisions for taking shad and herring; use of skim-bow and gill nets; penalties
SECTION 36. Section 50-5-1510 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-1510. (A) The following special provisions apply to shad and herring:
(1) It is unlawful to take shad by hook and line or by skim-bow net while operating or possessing any commercial fishing equipment for taking shad or herring.
(2) It is unlawful for a recreational fisherman to take shad or herring with any other fishing equipment except cast nets, skim-bow nets, and hook and line which includes rod and reel, provided that a properly licensed gill net may be used to take shad or herring for recreational purposes. Except from sanctuaries designated by the department, a recreational fisherman may take shad or herring:
(a) by hook and line and cast net at any time of the year,
(b) by skim-bow net from February 1 through April 30; and
(c) by licensed gill net during those times provided in this article for commercial fishing.
(3) It is unlawful to possess saltwater or freshwater gamefish or fishing tackle capable of taking saltwater or freshwater gamefish while taking or attempting to take shad or herring with gill nets.
(4) Nongame fish taken in lawfully fished shad or herring nets or skim-bow nets may be kept by the fisherman. Any Atlantic sturgeon caught during the closed season for Atlantic sturgeon and any gamefish must be returned immediately to the water.
(5) It is unlawful to set a net in a fixed position in the navigation channel of the Atlantic Intracoastal Waterway.
(6) A net used for shad in the territorial sea must have a stretched mesh size of no smaller than five and one-half inches and be freely drift fished. The gill net must not be staked or otherwise set in a fixed position, tied to a boat, or anchored in any manner or in any way restricted in its movement. For the purpose of this section, 'anchored' includes the use of any weight not part of the normal construction of the net.
(7) No gill net may be left unattended while in the territorial sea, and any such net is contraband and must be seized and disposed of as provided in this chapter.
(8) In the territorial sea no fisherman may set, fish, possess, or have aboard a boat shad or herring gill netting in excess of six thousand feet.
(9) A gill net used for taking or attempting to take shad in the inshore salt waters of this State must have a stretched mesh size of no smaller than five and one-half inches and a length not exceeding nine hundred feet. Gill nets for taking shad in the inshore salt waters of this State may be drift fished or set in accordance with this chapter. Only one shad gill net may be drift fished by occupants of a boat, and the drift net must be attended at all times when deployed. Additional boats in tow may not be used to increase the number of authorized nets.
(10) Except as otherwise provided by law or by regulation promulgated under this article, any gill net used for taking or attempting to take shad in the freshwaters of this State must have a stretched mesh size of no smaller than five and one-half inches and be no longer than six hundred feet. Gill nets for taking shad in the freshwaters of this State may be freely drift fished or set in accordance with the provisions of this chapter. Only one shad gill net may be drift fished by occupants of a boat, and the drift net must be attended at all times when deployed. Additional boats in tow may not be used to increase the number of authorized nets.
(11) A gill net used for taking or attempting to take herring in the salt waters of this State must have a mesh size of two and one-half inches stretched and a length no greater than nine hundred feet. Only one herring gill net may be used by occupants of a boat, and the drift net must be attended at all times when deployed. Additional boats in tow may not be used to increase the number of authorized nets.
(12) A gill net used for taking or attempting to take herring in freshwaters must have a stretched mesh of two and one-half inches stretched and a length no greater than six hundred feet.
(13) A gill net used for taking or attempting to take shad or herring in the salt waters of this State must have at least one end buoy attached which has the name and license number of the owner clearly marked on it. A buoy not less than twenty inches in diameter must be attached to each end of the net, and in any net more than three hundred feet in length a buoy not less than ten inches must be attached every three hundred feet on the float line. All buoys must be international orange in color and must float so as to be clearly visible at all times.
(14) A gill net used for taking or attempting to take shad or herring in the freshwaters of this State must be marked with buoys, international orange in color and not less than six inches in diameter, which float in a manner to be clearly visible at all times. One buoy must be attached to the float line of the net every three hundred feet, and a buoy must be attached to each end of each net. At least one end buoy attached to the net must have the name and license number of the owner clearly marked on it.
(15) Skim-bow nets must be used or fished only from high land or from a pier, dock, or other structure permanently affixed to high land without the aid of any power assisted device. Only shad, herring, and other nongame fish may be retained and no such fish may be sold.
(B)(1) For a violation of subsection (A)(6) or (A)(8), a person is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months.
(2) A person who takes or attempts to take shad or herring in violation of any other subsection of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
(3) Each net set or fished in violation of this section constitutes a separate offense."
Shad skim-bow net catch limits; sale of shad taken by skim-bow net prohibited
SECTION 37. Section 50-5-1515 of the 1976 Code, as last amended by Act 401 of 2000, is further amended to read:
"Section 50-5-1515. (A) Except as provided in this section, a person taking or attempting to take shad by cast net, skim-bow net, or by hook and line including rod and reel may take or possess no more than an aggregate of ten American and hickory shad in any one day.
(B) A person taking or attempting to take shad by hook and line including rod and reel in the Santee River may take or possess no more than an aggregate of twenty American and hickory shad in any one day.
(C) No shad taken by cast net, skim-bow net, or by hook and line including rod and reel may be sold, offered for sale, or purchased. In freshwaters, a person must hold a freshwater fishing license."
Restrictions on net placement revised
SECTION 38. Section 50-5-1540 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-1540. (A) No shad, herring, or sturgeon net, including its cables, lines, or attached devices, either set, drift, or fished in the waters of this State may be of a length greater than one-half the normal width of the water body at the place where used, regardless of the stage of the tide, river stage, water level, or method of net deployment.
(B) No net may be:
(1) set within six hundred feet of any gill net previously set;
(2) drifted within six hundred feet of another drifting net; or
(3) placed or set within seventy-five feet of the confluence of any tributary.
(C) Nothing in this section prevents a lawfully drifted gill net from passing within six hundred feet of a lawfully anchored gill net."
Seizure provisions for violations pertaining to setting nets in proximity to navigation jetties
SECTION 39. Section 50-5-1560(B) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(B) In addition, the department must seize any boat, boat trailer, engine, net, rigging, related equipment, and catch of a person charged with a violation pertaining to setting nets in proximity to navigation jetties. Upon conviction, seized items are forfeited to the State and become contraband and must be disposed of as provided in this chapter."
Charter fishing vessel and public pier log requirements revised
SECTION 40. Section 50-5-1915 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-1915. (A) Charter fishing vessels shall maintain a log of the number of persons carried each day, number of hours engaged in fishing, number of fish by species caught each day and other information considered necessary by the department. The logs must be submitted as prescribed or approved by the department. A person licensed to operate a charter fishing vessel who fails to maintain or submit a log as required is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars, or imprisoned for not more than thirty days, and a subsequent charter fishing vessel license must not be issued until the requirements of this subsection are met.
(B) Public fishing piers shall maintain a log of the number of persons fishing from that structure each day. The logs must be submitted as prescribed or approved by the department. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days and a subsequent license must not be issued until the requirements of this subsection are met."
Mariculture permit provisions revised
SECTION 41. Section 50-5-2100(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(A) The department may grant mariculture permits for collection, importation, and holding of saltwater gamefish, or for other fish for which there are size or possession limits, for brood stock and for the propagation, holding, transport, and processing of the fish produced through mariculture as defined in Section 50-5-15. Mariculture permits granted under this section may allow the take of such fish and may specify conditions related to lawful collection areas, equipment, collecting times and periods, catch and size limitations, holding facilities, and catch reporting requirements. The department may permit a mariculture operation to take and possess the fish outside of the size and possession limits provided in this chapter. The department may limit the number of permits granted for taking brood stock."
Point system administration provisions revised
SECTION 42. Section 50-5-2505 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-2505. (A) Each time a person is convicted of a violation enumerated in Section 50-5-2500 the number of points assigned to a violation must be charged against him under a point category. Point categories are:
(1) commercial; and
(2) recreational.
Points resulting from any violation must be assigned under only one point category.
(B) Points assigned for any violation for a commercial purpose except related to an activity authorized solely under a wholesale seafood dealer license must be assigned to the commercial category.
(C) Points assigned for any violation not for a commercial purpose or not related to an activity authorized solely under a wholesale seafood dealer license must be assigned to the recreational category.
(D) For each twelve-month period in which the person received no points, the department shall deduct one-half of the accumulated points under each point category if the number of points under that point category is greater than three. If a person has three or less points under a point category at the end of a calendar year in which no points were received, the department shall reduce his point total to zero under that point category.
(E) Nothing in this article affects the action of the department in suspending, revoking, or canceling a license or permit when the action is mandatory under the laws of this State."
Suspension of saltwater privileges for accumulation of points provisions revised
SECTION 43. Section 50-5-2510 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-2510. (A) The department must suspend for one year the related saltwater privileges and associated licenses, stamps, and permits issued to a person who has accumulated eighteen or more points under any point category. Privileges related to each point category are as follows:
(1) commercial: any and all commercial saltwater fishing license, equipment license, and bait dealer license; and
(2) recreational: marine recreational fishing stamp, pier license, charter fishing vessel license, shrimp baiting license, and any other saltwater licenses utilized for recreational purposes.
(B) Any suspension under this article begins the eleventh day after the person or entity receives written notice by mail, return receipt requested, of the suspension and ends the same day the following year."
Notice of suspension and review provisions revised
SECTION 44. Section 50-5-2515 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-2515. Upon determination by the department that a person or entity has accumulated sufficient points to warrant the suspension of any saltwater privilege, the department must notify the person or entity in writing, return receipt requested, that his saltwater privilege has been suspended, and the person or entity must return all the suspended licenses, stamps, or permits in his name to the department within ten days."
Appeals from loss of saltwater privileges under the Administrative Procedures Act
SECTION 45. Section 50-5-2520 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-2520. A person or entity whose saltwater privileges have been suspended may appeal the decision of the department under the Administrative Procedures Act."
Certain federal regulations relating to sharks declared to be the law of State
SECTION 46. Section 50-5-2725(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(A) The size, catch, bag, and possession limits, fishing period closures, and requirements pertaining to the taking, release, landing, sale, purchase, trade, or barter of sharks or shark parts prescribed by those federal regulations implemented under the Fishery Conservation and Management Act (PL 94-265) are declared to be the law of this State and apply statewide including in state waters. In state waters federal size, catch, bag, and possession limits pertain to individual fishermen when no vessel is utilized."
Federal fishing regulations declared to be law of State
SECTION 47. Section 50-5-2730 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-2730. Unless otherwise provided by law, any regulations promulgated by the federal government under the Fishery Conservation and Management Act (PL 94-265) or the Atlantic Tuna Conservation Act (PL 94-70) which establishes seasons, fishing periods, gear restrictions, sales restrictions, or bag, catch, size, or possession limits on fish are declared to be the law of this State and apply statewide including in state waters."
Operator, crew, and passengers of watercraft in state waters required to cooperate with law enforcement officers or U. S. Coast Guard personnel
SECTION 48. Section 50-21-175 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-21-175. (A) The operator and crew of any watercraft operating in state waters are required to heave to when signaled or hailed and allow boarding by law enforcement officers or U.S. Coast Guard personnel.
(B) The operator, crew, and passengers of any watercraft operating in state waters are required to cooperate with law enforcement officers or U. S. Coast Guard personnel.
(C) Any operator, crew member, or passenger of any watercraft violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned for not more than thirty days."
Separate offense provision relating to saltwater fishery product revised
SECTION 49. Section 50-5-65(F) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(F) Each fish, dozen of crabs, bushel of oysters, one-half bushel of clams, quart of shrimp, or pound of other saltwater fishery product, or fraction or part thereof taken, possessed, purchased, sold, or offered for sale in violation of this chapter is a separate offense."
Separate offense provision relating to shrimp revised
SECTION 50. Section 50-5-1100(L) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(L) Each quart of shrimp taken in violation of the provisions of this section is a separate offense."
Separate offense provision relating to horseshoe crabs revised
SECTION 51. Section 50-5-1330(G) of the 1976 Code, as added by Act 245 of 2000, is amended read:
"(G) A person who violates this section or a condition of a permit issued hereunder is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Each horseshoe crab or part thereof in violation is a separate offense."
Separate offense provision relating to certain fish revised
SECTION 52. Section 50-5-1715 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-1715. A person who violates this article is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days and must pay restitution to the department. Each fish taken, possessed, sold, offered for sale, purchased, or attempted to be sold, purchased, brought to the dock, or landed in violation of this article is a separate offense."
Separate offense provision relating to certain fish revised
SECTION 53. Section 50-5-2100(C) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(C) A person who fails to acquire the proper permits or who violates any other provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days and must pay restitution to the department in an amount equal to the value of the fish. Each fish taken, imported, or possessed in violation of this section is a separate offense."
Separate offense provision relating to certain fish offered for sale revised
SECTION 54. Section 50-5-2105(C) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Each fish sold or offered for sale in violation of this section is a separate offense."
Separate offense provision relating to certain fish, lobster, or other marine resources revised
SECTION 55. Section 50-5-2740 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-2740. A person who violates this article is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days and must pay restitution to the department. Each fish, lobster, or other marine resource taken, possessed, sold, offered for sale, purchased, or attempted to be sold, purchased, brought to the dock, or landed in violation of this article is a separate offense."
Repeal
SECTION 56. Section 50-5-2735 of the 1976 Code is repealed.
Code Commissioner to conform act to 1976 Code
SECTION 57. The Code Commissioner is authorized and directed to renumber and reletter paragraphs, subparagraphs, items, and subitems in this act to conform to the codification scheme of the 1976 Code.
Time effective
SECTION 58. This act takes effect upon approval by the Governor.
Ratified the 6th day of June, 2002.
Approved the 3rd day of July, 2002.
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