Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format
Current Status Bill Number:View additional legislative information at the LPITS web site.5159 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20020418 Primary Sponsor:Limehouse All Sponsors:Limehouse, Campsen, Miller, Scarborough and Tripp Drafted Document Number:l:\council\bills\swb\5325zcw02.doc Residing Body:House Current Committee:Agriculture, Natural Resources and Environmental Affairs Com 20 HANR Subject:Saltwater gamefish catch limits History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20020418 Introduced, read first time, 20 HANR referred to Committee Versions of This Bill
TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALTWATER GAMEFISH CATCH LIMITS, SO AS TO GIVE THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES AUTHORITY TO ADJUST CATCH LIMITS WITHIN STATUTORILY APPROVED RANGES FOR CERTAIN SPECIES OF SALTWATER GAMEFISH, AND TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SALTWATER GAMEFISH SIZE LIMITS, SO AS TO GIVE THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES AUTHORITY TO ADJUST SIZE LIMITS WITHIN STATUTORILY APPROVED RANGES FOR CERTAIN SPECIES OF SALTWATER GAMEFISH.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-5-1705 of the 1976 Code, as last amended by Act 105 of 2001, is further amended to read:
"Section 50-5-1705. (A) Spotted seatrout (winter trout), Cynoscion nebulosus; red drum (channel bass), Sciaenops ocellatus; tarpon, Megalops atlanticus; and any species of billfish of the Family Istiophoridae are saltwater gamefish.
(B) As used in this article, a day means sunrise on one day to sunrise on the following day.
(C) It is unlawful for a person to take or have in possession more than ten spotted seatrout in any one day. Upon advice from the department, the Board of the Department of Natural Resources may establish catch and possession limits within the ranges specified in this subsection for the following saltwater finfish species:
Species Range of permissible take and possession limits
(per species, per person, per day)
Spotted seatrout 1-15
Red drum 1-10
Sheepshead 3-20
Southern flounder 5-20
Summer flounder 5-20
Atlantic spadefish 5-20
Black drum 5-20
Southern kingfish (Whiting) 5-50
Atlantic croaker 5-50
Spot 5-50
Bluefish 5-20
Weakfish 3-20
(D) It is unlawful for a person to take or have in possession more than two red drum in any one day. Except as provided in Article 21, it is unlawful to take, possess, or land those species named in subsection (C) unless they conform to the take and possession limits established by subsection (C).
(E) It is unlawful for a person to take or have in possession more than one tarpon in any one day.
(F) It is unlawful for a person to take or possess more than twenty The possession limit established in subsection (C) for flounder (Paralichthys species) applies only to fish taken by means of gig, spear, hook and line, or similar device in any one day.
(G) It is unlawful to gig for spotted seatrout or red drum from December 1 through the last day of February inclusive.
(H) The possession limits do not apply to the possession or sale of properly identified fish imported by seafood dealers or produced by permitted mariculture operations, or to possession as allowed under permit authorized by this chapter.
(I) When taking action under the authority of this section, the board must consider:
(1) current conditions and trends of the species or stocks involved;
(2) environmental factors, including water quality and climatological data;
(3) biological data including abundance, size, and distribution of the species involved;
(4) potential impacts upon fishermen and other resource users;
(5) the requirements of fishery management plans;
(6) comments from the public; and
(7) other factors pertinent to the management and wise utilization of fishery resources.
Prior to the board taking action under this section, the department must convene a public meeting in any area affected to describe and explain the proposed action and to receive public comment concerning the proposed action. The department must use reasonable means to inform interested parties of any public meeting and of action being considered. Notice of public meetings must be given at least seven days in advance.
(J) Public notice of any nonemergency action taken by the board under this section must be given by reasonable means at least thirty days prior to the effective date of the action. Any action taken by the board pursuant to subsection (C) must be published in the State Register prior to its effective date. Copies of the action must be forwarded to the appropriate standing committees of the Senate and House of Representatives."
SECTION 2. Section 50-5-1710 of the 1976 Code, as last amended by Act 105 of 2001, is further amended to read:
"Section 50-5-1710. (A) Upon advice from the department, the Board of the Department of Natural Resources may establish minimum size limits within the ranges specified in this subsection for the following saltwater finfish species:
Species Range of minimum sizes
(inches of total length)
Spotted seatrout 13-16
Sheepshead 12-14
Southern flounder 12-14
Summer flounder 12-14
Atlantic spadefish 12-14
Black drum 12-14
Southern kingfish (whiting) 7-12
Atlantic croaker 7-12
Spot 7- 9
Bluefish 10-14
Weakfish 12-18
(B) Upon advice from the department, the Board of the Department of Natural Resources may establish minimum and maximum size limits within the ranges specified in this subsection for the following saltwater finfish species:
Species Size range
(inches of total length)
Red drum 14-17
(A)(C) Except as provided in Article 21, it is unlawful to take, possess, or land, sell, purchase, or attempt to sell or purchase: those species named in subsections (A) and (B) unless they conform to the size limits established by subsections (A) and (B).
(1) spotted seatrout (Cynoscion nebulosus) (winter trout) of less than thirteen inches in total length;
(2) flounder (Paralichthys) of less than twelve inches total length;
(3) red drum (Sciaenops ocellatus) (channel bass or spottail bass) of less than fifteen inches in total length, or more than twenty-four inches in total length; or
(4) black sea bass (Centropristis striata) of less than ten inches in total length.
(B)(D) The finfish species named in this section must be brought to the dock or landed with head and tail fin intact except for product produced by mariculture operations permitted under this chapter, provided that returning fish of unlawful size immediately to the water does not constitute a violation. Black seabass sold or offered for sale must be processed, marketed, and sold to the ultimate consumer with head and tail fins intact. A commercial retailer or restaurant may remove the head at the request of the ultimate consumer after completion of the transaction but before transfer of the purchase or serving of the dish.
(E)When taking action under the authority of this section, the board must consider:
(1) current condition and trends of the species or stocks involved;
(2) environmental factors, including water quality and climatological data;
(3) biological data including abundance, size, and distribution of the species involved;
(4) potential impacts upon fishermen and other resource users;
(5) the requirements of fishery management plans;
(6) comments from the public; and
(7) other factors pertinent to the management and wise utilization of fishery resources.
Prior to the board taking action under this section, the department must convene a public meeting in any area affected to describe and explain the proposed action and to receive public comment concerning the proposed action. The department must use reasonable means to inform interested parties of any public meeting and of action being considered. Notice of public meetings must be given at least seven days in advance.
(F) Public notice of any nonemergency action taken by the board under this section must be given by reasonable means at least thirty days prior to the effective date of the action. Any action taken by the board pursuant to subsections (A) and (B) must be published in the State Register prior to its effective date, Copies of the action must be forwarded to the appropriate standing committees of the Senate and House of Representatives."
SECTION 3. This act takes effect ninety days after approval of the Governor.
This web page was last updated on Tuesday, December 8, 2009 at 11:39 A.M.