South Carolina General Assembly
114th Session, 2001-2002

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Bill 5174


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      5174
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020424
Primary Sponsor:                  Sharpe
All Sponsors:                     Sharpe, Witherspoon and Ott
Drafted Document Number:          l:\council\bills\swb\5039djc02.doc
Residing Body:                    House
Current Committee:                Agriculture, Natural Resources and 
                                  Environmental Affairs Com 20 HANR
Subject:                          Saltwater game fish, documents required 
                                  for taking of


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20020424  Introduced, read first time,           20 HANR
                  referred to Committee


              Versions of This Bill

View additional legislative information at the LPITS web site.


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

A BILL

TO AMEND SECTION 50-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATIONS OF BIRDS, ANIMALS, AND FISH, SO AS TO ADD A CLASSIFICATION FOR SALTWATER GAME FISH AND PROVIDE THAT SPOTTED SEA TROUT (WINTER TROUT), CYNOSCION NEBULOSUS, RED DRUM (CHANNEL BASS), SCIAENOPS OCELLATUS, TARPON, MEGALOPS ATLANTICUS, AND ANY SPECIES OF BILLFISH OF THE FAMILY ISTIOPHORIDAE ARE SALTWATER GAME FISH; TO AMEND CHAPTER 9, TITLE 50 RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, BY ADDING SECTION 50-9-75 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PURCHASE, ACQUIRE, OR POSSESS A LICENSE, PERMIT, STAMP, REGISTRATION, OR TAG WHILE PRIVILEGES ALLOWED BY THE LICENSE, PERMIT, STAMP, REGISTRATION, OR TAG ARE SUSPENDED OR REVOKED, AND THAT IT IS UNLAWFUL TO PURCHASE A LICENSE, PERMIT, STAMP, REGISTRATION, OR TAG WITH A CHECK, DRAFT, OR OTHER WRITTEN INSTRUMENT ON A BANK, OR DEPOSITORY WHEN THE PERSON PRESENTING THE CHECK, DRAFT, OR OTHER WRITTEN INSTRUMENT DOES NOT HAVE AN ACCOUNT WITH, OR DOES NOT HAVE SUFFICIENT FUNDS ON DEPOSIT WITH THE BANK, OR DEPOSITORY TO PAY THE CHECK, AND TO PROVIDE FOR RESTITUTION AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-5-1700, RELATING TO TAKING OF SALTWATER GAME FISH AND IMPORTATION BY SEAFOOD DEALERS OF RED DRUM OR SPOTTED SEA TROUT, SO AS TO PROVIDE THAT PROOF OF ORIGIN REQUIRED OF WHOLESALE OR RETAIN SEAFOOD DEALERS OR BUSINESSES IMPORTING RED DRUM OR SPOTTED SEA TROUT MUST BE AN ORIGINAL OR COPY OF A HARVEST DOCUMENT, TRIP TICKET, INVOICE, OR BILL OF SALE INDICATING WHERE THE FISH WERE TAKEN, AND THE NAME OF THE COMMERCIAL FISHERMAN WHO TOOK THE FISH; TO AMEND SECTION 50-5-1705, RELATING TO CERTAIN CATCH LIMITS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE OR HAVE IN POSSESSION MORE THAN TEN SPOTTED SEA TROUT, TWO RED DRUM, ONE TARPON, OR TWENTY FLOUNDER, THAT IT IS UNLAWFUL TO GIG FOR SPOTTED TROUT OR RED DRUM FROM DECEMBER FIRST THROUGH THE LAST DAY OF FEBRUARY, THAT IT IS UNLAWFUL FOR A PERSON TO TAKE OR HAVE IN POSSESSION SPOTTED SEA TROUT OF LESS THAN THIRTEEN INCHES, FLOUNDER OF LESS THAN TWELVE INCHES, OR RED DRUM OF LESS THAN FIFTEEN INCHES, THAT CERTAIN FINFISH SPECIES MUST BE BROUGHT TO THE DOCK OR LANDED WITH THE HEAD AND TAIL FIN INTACT, AND THAT RETURNING A FISH OF UNLAWFUL SIZE IMMEDIATELY TO THE WATER DOES NOT CONSTITUTE A VIOLATION OF THIS SECTION; TO AMEND SECTION 50-5-1710, RELATING TO CERTAIN SIZE LIMITS, SO AS TO STRIKE CERTAIN PROVISIONS RELATING TO THE TAKING, POSSESSION, AND SALE OF SPOTTED SEA TROUT, FLOUNDER, AND RED DRUM, TO PROVIDE THAT IT IS UNLAWFUL TO TAKE, POSSESS, LAND, SELL, OR PURCHASE CERTAIN SPECIES OF FISH INDIGENOUS TO THE WATERS OF THE ATLANTIC OCEAN ADJACENT TO THIS STATE, AND TO PROVIDE FOR WHEN A WHOLESALE OR RETAIL SEAFOOD DEALER OR OTHER BUSINESS MAY IMPORT UNDERSIZED FISH; TO AMEND SECTION 50-9-710, RELATING TO CERTAIN CHILDREN, PRIVATE PONDS, AND PAY-TO-FISH BUSINESSES, SO AS TO STRIKE CERTAIN PROVISIONS RELATING TO COMMERCIAL FISHING LAKE OPERATORS AND PAY-TO-FISH COMMERCIAL BUSINESS LICENSES AND PROVIDE COMMERCIAL FISHING LAKES AND PAY-TO-FISH COMMERCIAL BUSINESSES HAVING AQUACULTURE PERMITS OR REGISTRATION ARE EXEMPT FROM THE REQUIREMENT TO PURCHASE ANNUAL LICENSES; TO AMEND SECTION 50-13-280, RELATING TO LIMITS ON POSSESSION OF GAME FISH, SO AS TO PROVIDE THAT CERTAIN AQUACULTURE PRODUCED FISH DO NOT APPLY; TO AMEND SECTION 50-13-1130, RELATING TO A COMMERCIAL FRESHWATER FISHING LICENSE BEING REQUIRED WHEN TAKING CATFISH FOR SALE FROM PUBLIC WATERS, SO AS TO PROVIDE THAT A COMMERCIAL FRESHWATER FISHING LICENSE IS REQUIRED WHEN TAKING CERTAIN FRESHWATER NONGAME FISH FOR SALE FROM PUBLIC WATERS, TO PROVIDE FOR CERTAIN REQUIRED DOCUMENTATION, AND TO PROVIDE PENALTIES; TO AMEND SECTION 50-13-1610, RELATING TO THE UNLAWFUL SALE OR TRAFFIC IN CERTAIN GAME FISH, SO AS TO REVISE THE PENALTIES; TO RENAME AND AMEND ARTICLE 1, CHAPTER 18, TITLE 50 OF THE 1976 CODE, RELATING TO AQUACULTURE, SO AS TO ENACT "THE AQUACULTURE ENABLING ACT OF 2002", INCLUDING PROVISIONS; TO AMEND SECTION 50-18-10, AS AMENDED, RELATING TO DEFINITIONS USED IN THIS CHAPTER, SO AS TO PROVIDE CERTAIN DEFINITIONS RELATING TO AQUACULTURE AND REGULATION OF AQUACULTURE BUSINESS; TO AMEND SECTION 50-18-20, AS AMENDED, RELATING TO PRODUCTION AND SALE OF HYBRIDS AND CERTAIN CERTIFICATES OF PERMISSION AND PERMITS, SO AS TO REWRITE THE SECTION AND PROVIDE THAT, WITH THE EXCEPTION OF SALTWATER MOLLUSCAN SHELLFISH, THE DEPARTMENT OF NATURAL RESOURCES HAS JURISDICTION TO REGULATE AND CONTROL AQUACULTURE IN THIS STATE AND IS AUTHORIZED TO CONDUCT RESEARCH, SURVEYS, AND INVESTIGATIONS TO PROVIDE FOR THE DEVELOPMENT OF AQUACULTURE AND AQUATIC STOCK ENHANCEMENT IN THIS STATE; TO AMEND SECTION 50-18-30, AS AMENDED, RELATING TO DOCUMENTATION REQUIRED FOR THE TRANSFER OF HYBRIDS, SO AS TO REWRITE THE SECTION AND PROVIDE THAT CERTAIN OUT-OF-STATE AQUACULTURISTS, COMMON CARRIERS WHO DELIVER PRODUCTS IN THIS STATE, AND OTHER PERSONS BUYING, RECEIVING, OR SELLING OUT-OF-STATE AQUACULTURE PRODUCTS IN THIS STATE MUST COMPLY WITH THE REGISTRATION, PERMITTING, LICENSING, AND DOCUMENTATION REQUIREMENTS OF THIS CHAPTER; TO AMEND SECTION 50-18-40, AS AMENDED, RELATING TO DESTRUCTION OF NONCERTIFIED STRIPED BASS, SO AS TO REWRITE THE SECTION AND PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO ENGAGE IN AQUACULTURE FOR A COMMERCIAL PURPOSE EXCEPT AS PROVIDED IN TITLE 50 OF THE 1976 CODE; TO AMEND SECTION 50-18-50, AS AMENDED, RELATING TO ACQUISITION AND PRODUCTION OF BROOD STOCK, SO AS TO REWRITE THE SECTION AND PROVIDE FOR CERTAIN AQUACULTURE PERMITS AND REGISTRATION REQUIRED BEFORE ENGAGING IN CERTAIN AQUACULTURE ACTIVITIES, AND TO PROVIDE FOR EXCEPTIONS TO THE PERMIT AND REGISTRATION REQUIREMENTS; TO AMEND SECTION 50-18-60, AS AMENDED, RELATING TO INVOICES REQUIRED FOR THE SALE OF FINGERLINGS, SO AS TO REWRITE THE SECTION AND PROVIDE FOR AQUACULTURE PERMIT FEES AND FOR THE USE OF REVENUE; TO PROVIDE FOR CERTAIN PREREQUISITES FOR ENGAGING IN NONINDIGENOUS SPECIES AQUACULTURE; TO AMEND SECTION 50-18-70, AS AMENDED, RELATING TO CERTAIN INVOICES OR NOTICES REQUIRED FOR SHIPMENTS OF HYBRIDS, LIVE FISH, OR EGGS, SO AS TO REWRITE THE SECTION AND PRESCRIBE CERTAIN PREREQUISITES FOR NONINDIGENOUS SPECIES AQUACULTURE; TO AMEND SECTION 50-18-80, AS AMENDED, RELATING TO DECALS REQUIRED FOR CERTAIN VEHICLES, BOATS, AND TRANSPORTATION DEVICES, SO AS TO REWRITE THE SECTION AND PROVIDE FOR CERTAIN POWERS AND DUTIES RELATING TO AQUACULTURE INSPECTIONS BY THE DEPARTMENT; TO AMEND SECTION 50-18-90, AS AMENDED, RELATING TO INVOICES REQUIRED FOR TRANSFERS OF CERTAIN AQUACULTURE SPECIES, FEED AND SUPPLIES, AND NOTIFICATION OF DIE-OFFS, SO AS TO REWRITE THE SECTION AND PROVIDE FOR WHOLESALE AQUACULTURE LICENSES; TO AMEND SECTION 50-18-100, AS AMENDED, RELATING TO CERTAIN LABELING REQUIREMENTS, SO AS TO REWRITE THE SECTION AND PROVIDE FOR AQUACULTURED GAME FISH RETAIL LICENSES; TO AMEND SECTION 50-18-110, AS AMENDED, RELATING TO MISUSE OF CERTAIN INSTRUMENTS REQUIRED BY CHAPTER 18, TITLE 50 OF THE 1976 CODE, SO AS TO REWRITE THE SECTION AND PROVIDE FOR CERTAIN DOCUMENTATION AND REPORTS REQUIRED FOR AQUACULTURE PRODUCT TRANSFERS; TO AMEND SECTION 50-18-120, AS AMENDED, RELATING TO INVOICES REQUIRED FOR TRANSFER OF HYBRIDS AND INSPECTION OF CERTAIN FACILITIES, SO AS TO REWRITE THE SECTION AND PROVIDE THAT IT IS UNLAWFUL TO RELEASE AQUACULTURED SPECIES IN THE WATERS OF THIS STATE WITHOUT A PERMIT ISSUED BY THE DEPARTMENT AND TO PROVIDE FOR THE AUTHORITY OF THE DEPARTMENT TO ISSUE A PERMIT FOR THE RELEASE OF AQUACULTURED SPECIES; TO AMEND SECTION 50-18-130, AS AMENDED, RELATING TO AQUACULTURE SPECIES BEING DESIGNATED AS "FARM RAISED", SO AS TO REWRITE THE SECTION AND PROVIDE FOR THE ACQUISITION OF AQUACULTURE BROOD STOCK FROM STATE WATERS; TO AMEND SECTION 50-18-140, AS AMENDED, RELATING TO CERTAIN INVOICES AND LABELS REQUIRED FOR THE SALE OF HYBRIDS FOR AQUACULTURE, SO AS TO REWRITE THE SECTION AND PROHIBIT THE MISUSE OF AN INSTRUMENT REQUIRED BY THIS CHAPTER TO DEFRAUD A PERSON OR THE DEPARTMENT; TO AMEND SECTION 50-18-150, AS AMENDED, RELATING TO PERMITS, NOTICES, INVOICES, AND INSPECTIONS WHEN SHIPPING HYBRIDS INTO THE STATE, SO AS TO REWRITE THE SECTION AND PROVIDE THAT IT IS UNLAWFUL TO TAMPER WITH, DAMAGE, VANDALIZE, POISON, OR STEAL THE PRODUCTS OR FACILITIES UTILIZED IN AQUACULTURE OR AQUACULTURE BUSINESSES OF A PERSON PERMITTED, REGISTERED, OR LICENSED UNDER THIS CHAPTER; TO AMEND SECTION 50-18-160, AS AMENDED, RELATING TO INVOICES, BILLS OF LADING, INSPECTIONS, AND LABELS REQUIRED WHEN TRANSPORTING HYBRIDS, SO AS TO REWRITE THE SECTION AND PROVIDE FOR MAGISTRATE'S COURT JURISDICTION AND PENALTIES FOR VIOLATIONS OF THIS CHAPTER; TO AMEND SECTION 50-18-170, AS AMENDED, RELATING TO THE PROHIBITION OF LABELS UNATTACHED TO PRODUCT, SO AS TO REWRITE THE SECTION AND PROVIDE THAT THE DEPARTMENT MAY BRING A CIVIL ACTION TO PREVENT DAMAGE TO OR TO RESTORE NATURAL RESOURCES FOR ANY LOSS CAUSED BY A PERSON REQUIRED TO BE LICENSED, REGISTERED, OR PERMITTED PURSUANT TO THIS CHAPTER; AND TO REPEAL ARTICLE 21 OF CHAPTER 5, TITLE 50, AND SECTIONS 50-13-120, 50-13-350, 50-13-510, 50-13-1620, 50-13-1640, 50-13-1650, 50-13-1670, 50-13-1680, 50-13-1690, 50-13-1700, 50-13-1710, 50-13-1720, 50-13-1730, 50-13-1740, 50-13-1750, AND 50-13-1760 OF THE 1976 CODE.

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

SECTION    1.    Section 50-1-30 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding:

    "(6)    Saltwater game fish. Spotted sea trout (winter trout), Cynoscion nebulosus, red drum (channel bass), Sciaenops ocellatus, tarpon, Megalops atlanticus, and any species of billfish of the Family Istiophoridae are saltwater game fish."

SECTION    2.    Chapter 9, Title 50 of the 1976 Code is amended by adding:

    "Section 50-9-75.    It is unlawful to purchase, acquire, or possess or attempt to purchase, acquire, or possess a license, permit, stamp, registration, or tag while privileges allowed by the license, permit, stamp, registration, or tag are suspended or revoked.

    It is unlawful to purchase a license, permit, stamp, registration, or tag with a check, draft, or other written instrument drawn on a bank or depository when the person presenting the check, draft, or other written instrument does not have an account with the bank or depository, or does not have sufficient funds on deposit with the bank or depository to pay the check, draft, or other written instrument.

    A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than thirty days.

    In addition to another penalty, a person convicted for a violation of this section must make restitution to the department for the amount of the check, draft, or other written instrument plus a $30.00 service charge.

    A person who is convicted for a violation of this section forfeits his hunting and fishing privileges for one year."

SECTION    3.    Section 50-5-1700(D) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

    "(D)    A wholesale or retail seafood dealer or other business may import red drum or spotted sea trout from another state or country where the taking and sale of the fish is are lawful. A copy of the bill of sale, bill of lading, or other and proof of origin for each lot or shipment of the fish must accompany any fish resold and must be in the possession of the person or business offering imported red drum or spotted sea trout for sale until it is sold to the ultimate consumer and must be retained by any seller for a period of one year. Proof of origin must be an original or a copy of a harvest document, trip ticket, invoice, or bill of sale indicating where the fish were taken, and the name of the commercial fisherman who took the fish."

SECTION    4.    Section 50-5-1705 of the 1976 Code, as amended by Act 105 of 2001, is further amended to read:

    "Section 50-5-1705.    (A)    Spotted sea trout (winter trout), Cynoscion nebulosus, red drum (channel bass), Sciaenops ocellatus, tarpon, Megalops atlanticus, and any species of billfish of the Family Istiophoridae are saltwater game fish.

    (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. more than:

        (1)    ten spotted sea trout;

        (2)    two red drum;

        (3)    one tarpon;

        (4)    twenty flounder (Paralichthys species) taken by means of gig, spear, hook and line, or similar device.

    (D)    It is unlawful for a person to take or have in possession more than five red drum in any one day to gig for spotted sea trout or red drum from December first through the last day of February inclusive.

    (E)    It is unlawful for a person to take or have in possession: more than one tarpon in any one day .

        (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.

    (F)    It is unlawful for a person to take or possess more than twenty flounder (Paralichthys species) taken by means of gig, spear, hook and line, or similar device in any one day. 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 aquaculture operations permitted under this title, provided that returning fish of unlawful size immediately to the water does not constitute a violation.

    (G)    It is unlawful to gig for spotted seatrout or red drum from December 1 through the last day of February inclusive.

    (H)(G)    The possession limits do not apply to the possession or sale of properly identified fish imported by seafood dealers or produced by permitted mariculture aquaculture operations, or to possession as allowed under permit authorized by this chapter title."

SECTION    5.    Section 50-5-1710 of the 1976 Code, as amended by Act 105 of 2001, is further amended to read:

    "Section 50-5-1710.    (A)    Except as provided in Article 21 this title, it is unlawful to take, possess, land, sell, purchase, or attempt to sell or purchase:

        (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 fourteen inches in total length, or more than twenty-seven inches in total length; or

        (4)(1)    black sea bass (Centropristis striata) of less than ten inches in total length.; or

        (2)    any other species of fish indigenous to the waters of the Atlantic Ocean adjacent to this State, unless the fish are within size limits as specified by law or regulation, regardless of where taken, except as provided in subsection (B).

    (B)    A wholesale or retail seafood dealer or other business may import undersized fish indigenous to the waters of the Atlantic Ocean adjacent to this State taken from another state or country where the taking and sale of the fish is lawful. A copy of the bill of sale, or bill of lading, and proof of origin for each lot or shipment of the fish must accompany any fish resold and must be in the possession of the person or business offering an imported fish for sale until it is sold to the consumer and must be retained by any seller for a period of one year. Proof of origin must be an original or a copy of a harvest document, invoice, trip ticket, or bill of sale indicating where the fish were taken, and the name of the commercial fisherman who took the fish.

    (B)(C)    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 aquaculture operations permitted under this chapter title, 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."

SECTION    6.    Section 50-9-710(C) of the 1976 Code, as added by Act 372 of 1996, is further amended to read:

    "(C)    Commercial fishing lake operators or pay-to-fish commercial businesses may purchase an annual license for two hundred dollars. Resident and nonresident patrons of these establishments commercial fishing lakes or pay-to-fish commercial businesses are exempt from the requirement to purchase an individual annual license. provided the commercial fishing lake or pay-to-fish commercial business has a valid department-issued aquaculture permit or registration."

SECTION    7.    Section 50-13-280 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

    "Section 50-13-280.    It shall be is unlawful for any person to have in his immediate possession or control more than the number of game fish authorized to be caught by one person in any one day; provided, that the provisions of this section shall do not apply to any a person traveling in a vehicle with not more than the number of game fish authorized to be caught by one person in any two days nor to any a person who has fish stored in a freezer in any a residence which is not used as or connected with a store, service station, eating establishment, or any such similar commercial establishment. This section does not apply to aquaculture produced fish as permitted in this title."

SECTION    8.    Section 50-13-1130 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

    "Section 50-13-1130.    (A)    Any A person involved in the taking of catfish freshwater nongame fish except shad, herring, and sturgeon by any method from the public waters who sells or offers for sale such catfish the fish taken from public waters must have in possession a valid commercial freshwater fishing license as provided in subsection (3) of Section 50-13-1150. issued in the name of the person involved in taking the freshwater nongame fish. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than three hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. In addition, the fishing privileges of such person must be suspended for a period of two years.

    (B)    A person selling, offering for sale, or possessing for sale freshwater nongame fish must be in possession of dated invoices, bills of sale, or other documentation showing the origin and from where the fish were procured. A person convicted of a violation of this subsection must be fined not less than twenty-five dollars, nor more than five hundred dollars, or imprisoned for not more than thirty days."

SECTION    9.    Section 50-13-1610 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

    "Section 50-13-1610.    It shall be is unlawful, at any time, to sell, offer for sale, barter, traffic in or purchase any game fish so classified as a game fish under the provisions of Section 50-1-30, this title except as to fresh-water trout as provided in Sections 50-13-1680 and 50-13-1740, allowed by this title regardless of where caught. Any A person violating this section is guilty of a misdemeanor and, upon conviction, shall for the first offense be fined not less than one hundred dollars nor more than three hundred dollars. For the second offense within five years of the date of conviction for the first offense, he shall be fined not less than two hundred dollars nor more than five hundred dollars and be imprisoned for thirty days. For a third offense within five years of the date of conviction for the first offense, he shall be fined not less than five hundred dollars nor more than one thousand dollars and be imprisoned for not more than thirty days. Fourth and subsequent offenses within five years of the date of conviction for the first offense shall be punished as provided for a third offense.must be punished as follows:

    (1)    for a first offense, by a fine of not more than five hundred dollars or imprisonment for not more than thirty days;

    (2)    for a second offense within three years of a first offense, by a fine of not less than three hundred dollars nor more than five hundred dollars or imprisonment for not more than thirty days;

    (3)    for a third or subsequent offense within three years of a second or subsequent offense, by a fine of not more than one thousand dollars or imprisonment for not more than thirty days;

    (4)    for fourth and subsequent offenses within five years of the date of conviction for the first offense must be punished as provided for a third offense."

SECTION    10.    Article 1, Chapter 18, Title 50 of the 1976 Code is renamed "The Aquaculture Enabling Act".

SECTION    11.    Section 50-18-10 of the 1976 Code, as last amended by Act 250 of 1996, is further amended to read:

    "Section 50-18-10.    When used in this chapter:

    (1)    Hybrid means the progeny resulting from cross-breeding a striped bass with a white bass or their hybrids approved by the department.

    (2)    Fingerling means a postlarval fish less than one year old which has all the characteristics of the adult fish.

    (3)    Aquaculturist means an individual, a corporation, a cooperative, a partnership, a company, or an entity that engages in aquaculture.

    (4)    Trafficking means the processing, buying, selling, bartering, trading, exchanging, or offering or exposing for sale, barter, trade, or exchange, or otherwise acquiring or disposing of a fish.

    (5)    Department means the South Carolina Department of Natural Resources or its authorized agent.

    (6)    Product means the meat, organs, flesh, skin, fry, eggs, gametes, fingerlings, or skeleton of a hybrid which is fresh, frozen, dried, smoked, cured, or cooked that is whole or mutilated or parts of them.

    (7)    Aquaculture means the controlled cultivation of aquatic species in confinement, including breeding, spawning, rearing, and growing out either alone or in combination and trafficking in the fish.

    (8)    Retailer means a person that sells directly to the ultimate consumer, not for resale.

    (9)    Wholesaler means a person that sells products to licensed retailers, jobbers, dealers, or other wholesalers for resale but does not sell to users or consumers.

    (10)    Processor means a person that engages in cutting, dressing, mutilating, filleting, freezing, or packaging of products other than when prepared and sold directly to the ultimate consumer.

    (11)    Distributor means a person including a wholesaler, retailer, or processor who ships, transports, or distributes products for market.

    (12)    Ultimate consumer means a person who purchases or receives an aquaculture product for his consumption and not for resale.

    (13)    Santee-Cooper strain means the genetic strain of striped bass indigenous to the Santee-Cooper Lake System of South Carolina.

    (14)    Business establishment means a location where the trafficking of an approved aquaculture product takes place.

    (1)    'Aquaculture' means controlled cultivation of an aquatic species in confinement.

    (2)    'Aquaculture business' means being involved in aquaculture for a commercial purpose.

    (3)    'Aquacultured product' means any living or nonliving form, part, or portion of an aquatic species spawned, raised, or produced by means of aquaculture, including an egg or offspring thereof.

    (4)    'Aquaculturist' means a person or entity engaged in aquaculture.

    (5)    'Commercial purpose' means the culture, processing, purchase, sale, transfer, exchange, or the offer or exposure for sale, transfer, or exchange of a product, or engaging in aquaculture or aquaculture business in order to derive income or other consideration.

    (6)    'Nonindigenous species' means a species, strain, or variety not native to this State and not established in the wild in this State.

    (7)    'Person' means an individual, firm, corporation, association, partnership, club, private body, or other entity.

    (8)    'Processor' means a person who engages in cutting, dressing, or filleting a product for commercial purposes, other than when prepared and sold directly to the consumer."

SECTION    12.    Section 50-18-20 of the 1976 Code, as last amended by Act 249 of 1996, is further amended to read:

    "Section 50-18-20.    (A)    Before engaging in a business trafficking in hybrids, a person must obtain at no cost a permanent certificate of permission from the department to be issued upon request.

    (B)    Before engaging in a business of producing or processing hybrids, a person must obtain a permit from the department for an initial fee of one hundred dollars. The renewal fee for a permit shall be twenty-five dollars if an application is made prior to the expiration of a current permit. If the application is made after the expiration date of a permit, the applicant must pay the initial application fee before obtaining a permit. Application for permits or certificates of permission must be made on forms provided by the department. Every business establishment is required to be permitted. A permit or certificate of permission required by this chapter must be displayed conspicuously.

    (C)    Permits issued under this section must include the species utilized, conditions and specifications for aquaculture facilities and ponds, requirements for the possession, taking, holding, transporting, importing, or exporting hybrids, production reporting requirements, and other provisions the department determines to be necessary. The department and its agents may inspect all facilities, vehicles, boats, and operations of an applicant or person who has been issued a permit or certificate of permission and inspect and sample a product being possessed, processed, cultured, transported, or offered for sale during business hours. The department has jurisdiction to control aquaculture in this State and is responsible for permitting, licensing, and enforcement of controls pertaining to aquaculture and aquaculture business, as provided in this chapter.

    (B)    The department is authorized to conduct research, surveys, and other investigations to provide for the development of aquaculture and aquatic stock enhancement in this State.

    (C)    This chapter does not apply to saltwater Molluscan shellfish."

SECTION    13.    Section 50-18-30 of the 1976 Code, as last amended by Act 15 of 1991, is further amended to read:

    "Section 50-18-30.    When hybrids are sold or transferred between permitted persons, the documentation of the transactions must show the permit number of both parties and total poundage of the product transferred. The documentation must be maintained by both parties for three years. (A)    Out-of-state aquaculturists who sell aquaculture products in this State must acquire the permit and licenses required by this chapter.

    (B)    A common carrier who carries aquaculture products in transit through this State is not subject to this chapter so long as the shipment does not originate or terminate in this State.

    (C)    A common carrier who delivers products in this State is required to have the documentation required by this chapter.

    (D)    A person buying, receiving, or selling out-of-state aquaculture products in this State must comply with the registration, permitting, licensing, and documentation requirements provided for in this chapter."

SECTION    14.    Section 50-18-40 of the 1976 Code, as last amended by Act 15 of 1991, is further amended to read:

    "Section 50-18-40.    If a person has in his possession or at his facility a striped bass not certified by the department as to the genetic strain approved for use in this State or a hybrid not approved for use in this State, the species must be destroyed at the discretion of the department. The possessor is responsible for the cost and liability for the destruction and disposal of the illegal product. No striped bass or hybrid may be placed or released into waters of the State without a permit issued by the department. It is unlawful for a person to engage in aquaculture for a commercial purpose except as provided in this title."

SECTION    15.    Section 50-18-50 of the 1976 Code, as last amended by Act 23 of 1993, is further amended to read:

    "Section 50-18-50.    (A)    Brood stock may be acquired for aquaculture operations from the waters of the State only in the following manner:

        (1)    Game fish must be taken by hook and line only as described in Section 50-13-10 or by other methods the department may prescribe in the permit issued pursuant to Section 50-18-20.

        (2)    The department may restrict the taking of brood stock in an area where competition or interference with department activities may occur.

        (3)    Daily creel and size limits apply as set forth in this title.

        (4)    The department must be notified as approved by the department in advance of the registration of the boats and location of persons attempting to take brood stock.

        (5)    Only permanent employees or partners of an aquaculture operation may engage in the acquisition of brood stock, and no contractors, subcontractors, or temporary employees may engage in or contract to acquire brood stock.

        (6)    Daily logs showing the number of fish acquired from the waters of the State must be maintained and also must show from which area the fish are harvested.

        (7)    Only farm-reared (cultured) striped bass may be sold for brood stock to permitted persons only.

    (B)    Striped bass originating from out of state must be certified as the Santee-Cooper strain by the department or agencies approved by the department.

    (C)    Brood stock may be produced from wild or cultured fish.(A)    Except as provided in subsection (F) and (G) a person must first apply for and obtain an annual aquaculture permit issued by the department:

        (1)    to engage in commercial aquaculture;

        (2)    to wholesale or retail a live aquaculture product;

        (3)    to engage in aquaculture of an aquatic species not indigenous to this State, subject to the provisions of this title;

        (4)    to engage in aquaculture, possess, or sell an aquatic species solely for the purposes of stocking;

        (5)    to engage in aquaculture of a hybrid species or a genetically modified aquatic species;

        (6)    to engage in aquaculture, or possess an aquatic species to provide sport fishing for a fee;

        (7)    to sell or offer for sale an aquatic species harvested from a private pond;

        (8)    to import an aquatic species taken and obtained lawfully in the jurisdiction of origin, for use as aquaculture brood stock;

        (9)    to import an aquatic species taken and obtained lawfully in the jurisdiction of origin, for sale for stocking only private waters.

    (B)    The department may grant an aquaculture permit and set conditions for aquaculture.

    (C)    In considering issuance of a permit and setting permit conditions, the department must consider scientific and other available information regarding:

        (1)    species to be cultured;

        (2)    protection of ecosystems from detrimental species;

        (3)    protection of critical habitat;

        (4)    protection of water resources;

        (5)    protection of plant and wildlife genetic integrity;

        (6)    disease potential and protection of plant and wildlife health;

        (7)    protection of natural resources from illegal harvesting and commercialization;

        (8)    protection of natural resources from nuisance species;

        (9)    security and welfare of the aquaculture industry of this State;

        (10)    applicant's record of aquaculture activity, compliance with previous permit conditions, if any, and adherence to conservation laws and regulations; and

        (11)    any other factors pertinent to the protection of the natural resources.

    (D)    Application for permits must be made on forms prescribed by the department, which may require any information necessary to carry out the provisions of this chapter.

    (E)    A permit may be granted only after the department considers the information specified in this section and determines that the proposed operations would not reasonably be expected to adversely impact the natural resources of the State or security or welfare of the aquaculture industry of this State. A separate application and permit are required for each aquaculture facility or aquaculture business location. The department must consider each facility or location separately. The department may amend, suspend, or revoke a permit if it determines any aspect of the permitted aquaculture activity may adversely impact the natural resources of the State or the security or welfare of the aquaculture industry of this State.

    (F)    An aquaculture permit is not required to engage in aquaculture of catfish, so long as the catfish species cultured is indigenous to the State or already established in the waters of this State. To engage in commercial aquaculture of such catfish, a person must first register the aquaculture facility with the department annually and provide the department any information necessary to carry out the provisions of this chapter.

    (G)    An aquaculture permit is not required to wholesale or retail:

        (1)    nongame, indigenous species aquacultured in this State for use as bait, or

        (2)    tropical finfish for sale as pets.

    (H)    A person who fails to acquire a permit or to register a facility as required under this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars and not more than two thousand dollars or imprisoned for not more than thirty days."

SECTION    16.    Section 50-18-60 of the 1976 Code, as last amended by Act 15 of 1991, is further amended to read:

    "Section 50-18-60.    A person who possesses fingerlings of hybrids shall maintain an invoice showing the person, including permit number, from whom the fingerlings were acquired, the date of sale, and the total poundage of the fish and the species. Invoices must be maintained by the seller and the buyer for three years.

    (A)    The cost of an aquaculture permit is one hundred dollars for the year in which issued and twenty-five dollars for each year, or portion thereof, that the permit is continued. There is no cost to register a catfish aquaculture facility. For purposes of this subsection, a permit year is July first through June thirtieth of the following year.

    (B)    Permits are valid during the period specified upon the permit. Application and payment for permits and application for registration for aquaculture activities continuing into a second or subsequent permit year must be made with the department by June fifteenth of the permit year.

    (C)    Permit fees, fines, and the value of forfeitures collected under this chapter must be placed in a special account to be used by the department to support the aquaculture inspection, enforcement, and research programs of the department.

    (D)    The department may amend, suspend, or revoke a permit for any violation of a permit condition, and impose a civil penalty of not greater than five thousand dollars. An appeal may be taken pursuant to the Administrative Procedures Act."

SECTION    17.    Section 50-18-70 of the 1976 Code, as last amended by Act 15 of 1991, is further amended to read:

    "Section 50-18-70.    Each shipment of hybrids must be accompanied by an invoice or other document showing the product, identification of the fish, date, total poundage, and receiver and destination, along with the name and address and permit number of the producer or processor, or both. If live fish or eggs of an approved hybrid are shipped into South Carolina from out of state, the department must be notified eight hours in advance of the date and time of shipment and of other information requested. To engage in the aquaculture of a nonindigenous species a person must first obtain:

    (1)    a nonindigenous species permit as provided in this title, and

    (2)    an aquaculture permit."

SECTION    18.    Section 50-18-80 of the 1976 Code, as last amended by Act 15 of 1991, is further amended to read:

    "Section 50-18-80.    Every motor vehicle, boat, or other transporting device owned, leased, or controlled by the permittee and used in the business of aquaculture must have attached to it conspicuously a decal in a manner prescribed by the department. This section does not apply to businesses who are solely common carriers, shippers, distributors, or retailers. (A)    During business hours, or when an employee, owner, or owner's agent is present, the department may inspect all premises, facilities, vehicles, boats, and operations of a person who applies for or holds a permit, registration, or license provided in this chapter and may inspect and sample any product being possessed, processed, cultured, transported, or offered for sale.

    (B)    It is unlawful for a person to fail to comply with the lawful requests of a department agent, or hinder a department agent, in the performance of his duties under this chapter.

    (C)    Permits, registrations, and licenses issued under this chapter must be conspicuously displayed at the site of aquaculture of aquaculture businesses."

SECTION    19.    Section 50-18-90 of the 1976 Code, as last amended by Act 23 of 1993, is further amended to read:

    "Section 50-18-90.    (A)    A person engaged in the business of aquaculture shall maintain invoices on permitted aquaculture species which are bought, sold, or transferred. The invoices must be maintained for three years.

    (B)    A person who produces hybrids shall maintain invoices on feed and other supplies for three years. (A)    To engage in processing or the wholesale marketing of nonliving aquaculture products, regardless of where cultured, a person must first apply for and obtain an annual wholesale aquaculture license from the department. For purposes of this subsection, a license year is July first through June thirtieth of the following year.

    (B)    A person may acquire an annual wholesale aquaculture license at a cost of one hundred dollars for the year in which issued and twenty-five dollars for each continuous year or part thereof that the license is renewed.

    (C)    it is unlawful to engage in activities requiring a license under this section without first acquiring a license. 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 product sold or offered for sale in violation of this section may constitute a separate offense."

SECTION    20.    Section 50-18-100 of the 1976 Code, as last amended by Act 15 of 1991, is further amended to read:

    "Section 50-18-100.    No trafficking in hybrids is allowed unless the products are labeled in the following manner:

    (1) Whole or drawn (gilled and gutted) fish which are dead must be marked or identified as provided for and approved by the department before being transported from the facility where they are grown or processed.

    (2) Fish harvested out of state from permitted facilities may be transported alive in water on properly permitted vehicles to processors with eight hours prior notification to the department.

    (3) Fish harvested in the State from permitted facilities may be transported alive in water on properly permitted vehicles to processors with eight hours prior notification as approved by the department.

    (4) Labels must be affixed in the manner prescribed by the department. (A)    A person who sells or offers to sell an aquacultured game fish or product thereof to consumers, regardless of where cultured, must first acquire an annual aquacultured game fish retail license issued by the department.

    (B)    Application for such license must be made on forms provided by the department. The department or its authorized agent will issue an aquaculture game fish retail license at no cost upon proper application.

    (C)    A license is required for each location where aquacultured game fish or product thereof is offered for sale to consumers. Licenses issued under this section must be displayed conspicuously at the point of retail sale. For purposes of this section, a license year is July first through June thirtieth of the following year.

    (D)    A person who violates this section is guilty of a misdemeanor and, upon conviction, the person must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days."

SECTION    21.    Section 50-18-110 of the 1976 Code, as last amended by Act 15 of 1991, is further amended to read:

    "Section 50-18-110.    No person may transfer, alter, damage, deface, tamper with, reuse, counterfeit, or use in a fraudulent manner a tag, document, seal, label, permit, or other instrument required by this chapter.(A)    Except as provided in this section, when an aquacultured product is exchanged for a commercial purpose between persons, an invoice or receipt is required showing the date, producer, origin, destination, permit, registration, and license numbers as appropriate, species name, product, and quantity exchanged.

    (B)    When an aquacultured product is offered for sale, a corresponding invoice for that product must be available for inspection and maintained at the place of business where the product is offered for sale.

    (C)    When an aquacultured product is shipped, a bill of lading is required showing the date, producer, origin, shipper, destination, permit, registration, and license numbers as appropriate, species name, product, and quantity shipped. Shippers must have the bills of lading in their possession while transporting any product. In accepting a shipment of aquacultured product, a shipper agrees to inspection by the department.

    (D)    Persons involved in aquaculture commerce must maintain all invoices, receipts, and bills of lading required under this section for five years.

    (E)    A person permitted, registered, or licensed under this chapter must keep accurate records and may be required to provide accurate information and reports to the department.

    (F)    The documentation, record keeping, and reporting provisions of this section are not obligations on the consumer.

    (G)    A person who violates this section is guilty of a misdemeanor and, upon conviction, the person must be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days for each violation, and the department must suspend the permit, registration, or license under which the report or record keeping is required until accurate and complete reports are submitted to the department. Each delinquent or inaccurate report must be handled as a separate offense."

SECTION    22.    Section 50-18-120 of the 1976 Code, as last amended by Act 15 of 1991, is further amended to read:

    "Section 50-18-120.    A person who processes hybrids must be permitted by the department and shall maintain invoices on permitted fish which are bought, sold, transferred, processed, or possessed in his facility. The invoice must show the date, species, and poundage of all transactions. The invoice must show the origin and destination of the product including permit numbers. If the processor fillets or mutilates the product, the product must be labeled as prescribed in this chapter before leaving the processing facility. Invoices must be maintained for three years. The permitted facility shall allow inspection and sampling by the department during business hours or when employees are present.     (A)    It is unlawful to place or release any species imported from another state or jurisdiction into any waters in this State without a permit issued by the department. The department may grant permits at no cost to allow permitted aquaculturists to release aquacultured products into the waters of this State as a part of a stocking program conducted or approved by the department.

    (B)    A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned for not more than thirty days. Each fish, animal, or plant released in violation of this section constitutes a separate offense. In addition to any penalty the presiding magistrate may order restitution to the department.

    (C)    A person who violates this section for a second or subsequent offense within three years of a first offense must be fined five thousand dollars, no part of which may be suspended, or imprisoned for up to one year, or both. Each fish, animal, or plant released in violation of this section constitutes a separate offense. In addition to any penalty the presiding judge may order restitution to the department."

SECTION    23.    Section 50-18-130 of the 1976 Code, as last amended by Act 15 of 1991, is further amended to read:

    "Section 50-18-130.    Retailers, including restaurants, shall advertise aquaculture species as "farm raised" or a similar designation indicating the origin of the product. (A)    Freshwater game fish may be acquired for brood stock for aquaculture from the freshwaters of this State only as allowed by this title.

    (B)    Regulated saltwater species may be acquired for brood stock for aquaculture from the saltwaters of this State as allowed for persons holding a saltwater recreational fishing license, a saltwater commercial fishing license, or by permit from the department. The department may grant permits to persons holding an aquaculture permit for collection of saltwater regulated aquatic species for brood stock. Permits granted under this subsection may specify conditions related to collection areas, equipment, collecting times and periods, catch and size limitations, holding facilities, and catch reporting requirements. The department may permit the take and possession outside of the size and possession limits provided in this title, may allow use of harvest equipment which may be otherwise unlawful, and may limit the number of permits granted for taking brood stock.

    (C)    A person who takes or attempts to take a regulated saltwater species for use as aquaculture brood stock in violation 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. Each fish or other species taken, imported, or possessed in violation of this section may constitute a separate offense."

SECTION    24.    Section 50-18-140 of the 1976 Code, as last amended by Act 15 of 1991, is further amended to read:

    "Section 50-18-140.    A person who sells hybrids shall provide the buyer with an invoice showing his permit number, date of sale, species sold, and total poundages. This section does not apply to a retail business which sells the product directly to the ultimate consumer. No business establishment may store or possess hybrids unless they are permitted, but restaurants and permitted businesses engaged in the lawful sale of hybrids may offer approved products for sale if the labeled containers are retained until the time of sale to the ultimate consumer.

Labels must be affixed in the manner prescribed by the department and must remain attached until prepared by or for the ultimate consumer. (A)    It is unlawful to transfer, alter, damage, deface, tamper with, reuse, counterfeit, or use in a fraudulent manner a permit, registration, license, method of labeling, record, or other instrument required by this chapter; or to attempt to transfer, alter, damage, deface, tamper with, reuse, counterfeit, or use in a fraudulent manner a permit, registration, license, method of labeling, record, or other instrument required by this chapter.

    (B)    It is unlawful to acquire or to attempt to acquire fraudulently a permit, registration, or license provided in this chapter.

    (C)    It is unlawful to acquire or attempt to acquire a permit, registration, or license provided in this chapter if the privilege to hold the permit or license has been suspended.

    (D)    It is unlawful to misuse any instrument required by this chapter to defraud any person or the department.

    (E)    A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than thirty days.

    (F)    A person who violates this section for a second or subsequent offense within three years of a first offense must be fined one thousand dollars, no part of which may be suspended, or imprisoned for up to thirty days, or both."

SECTION    25.    Section 50-18-150 of the 1976 Code, as last amended by Act 15 of 1991, is further amended to read:

    "Section 50-18-150.    A person outside of the State shall obtain an aquaculture permit before he sells, ships, or causes to be shipped into the State hybrids. A person who sells or ships hybrids to a person in South Carolina shall meet all requirements for sale. The department must be notified eight hours in advance of a shipment coming into the State of live hybrids or eggs of hybrids including the name and permit number of the receiver. The out-of-state permittee shall retain copies of invoices showing the date received, poundage, and receiver for three years. The permittee agrees to inspection during business hours or when employees are present. (A) No person may tamper with, damage, vandalize, poison, steal, or attempt to tamper with, damage, vandalize, poison, or steal the products or facilities utilized in aquaculture or aquaculture businesses of a person permitted, registered, or licensed under this chapter.

    (B)    No person may cast or cause to be cast poison, impurities, or other substances that are injurious to aquatic species into the waters or water supply of any permitted or registered aquaculture facility.

    (C)    Any person who violates this section is guilty of a misdemeanor and, upon conviction, for a first offense must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned for not less than thirty days nor more than one year. For a second or subsequent offense, and, upon conviction, must be fined five thousand dollars, no part of which may be suspended, or imprisoned for one year, or both. Equipment, vessels, and vehicles used in a second or subsequent violation must be seized and forfeited to the department.

    (D)    For any violation of this section in addition to other penalties, the person convicted must pay restitution to the victim as determined by the court, and the hunting and fishing privileges of the person must be suspended for three years."

SECTION    26.    Section 50-18-160 of the 1976 Code, as last amended by Act 15 of 1991, is further amended to read:

    "Section 50-18-160.    A person who transports hybrids shall possess an invoice showing the number and the poundage of product possessed. If the person transporting or possessing hybrids is a common carrier or trucking company he shall possess a bill of lading showing the shipper and receiver and their aquaculture permit number if permitted. A person receiving for shipment or possessing hybrids agrees to inspection and sampling by the department. The carrier of hybrids agrees to inspection by his acceptance of the product for shipment. A person receiving hybrids for shipment shall maintain invoices and bills of lading for three years. No person may ship or transport a product unless the product is labeled as prescribed by this chapter.(A)    Notwithstanding any other provision of law, the magistrate's court has jurisdiction to try any criminal case that arises under this chapter and to impose the penalties set forth herein up to a maximum fine of five thousand dollars or imprisonment for up to thirty days. In addition to any penalty imposed under this chapter, the presiding magistrate may order restitution for losses or damages to natural resources.

    (B)    Unless otherwise provided, any person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be punished:

        (1)    for a first offense, by a fine of not more than five hundred dollars or imprisonment of not more than thirty days;

        (2)    for a second offense within three years of a first offense, by a fine of not less than three hundred dollars nor more than five hundred dollars or imprisonment for not more than thirty days;

        (3)    for a third or subsequent offense within three years of a second or subsequent offense, by a fine of not more than one thousand dollars or imprisonment for not more than thirty days."

SECTION    27.    Section 50-18-170 of the 1976 Code, as last amended by Act 15 of 1991, is further amended to read:

    "Section 50-18-170. It is unlawful for a person to possess a label required by this chapter unless it is attached to the product for which it is designed. However, this section does not apply to the aquaculturist, processor, or label manufacturer. The department may bring a civil action to prevent damage to or to restore natural resources for any loss caused by a person required to be licensed, registered, or permitted pursuant to this chapter."

SECTION    28.    All proceedings pending and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.

SECTION    29.    Article 21 of Chapter 5, Title 50, and Sections 50-13-120, 50-13-350, 50-13-510, 50-13-1620, 50-13-1640, 50-13-1650, 50-13-1670, 50-13-1680, 50-13-1690, 50-13-1700, 50-13-1710, 50-13-1720, 50-13-1730, 50-13-1740, 50-13-1750, 50-13-1760, 50-18-180, 50-18-190, and 50-18-200 of the 1976 Code are repealed.

SECTION    30.    This act takes effect upon approval by the Governor.

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