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AMENDED
May 31, 2001
H. 3361
Introduced by Reps. Scarborough, Simrill, Altman, Campsen, Coates, Hinson, Law, Limehouse, Littlejohn, Loftis, Merrill, Owens, Perry, Sinclair, Snow, Talley, Taylor and Thompson
S. Printed 5/31/01--S.
Read the first time April 4, 2001.
TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-2517, SO AS TO PROVIDE THAT, EXCEPT WHEN AUTHORIZED BY A FEDERAL PERMIT, IT IS UNLAWFUL FOR ANY PERSON TO CATCH, ATTEMPT TO CATCH, FEED, FEED BY HAND, MOLEST, INJURE, KILL, ANNOY, HARASS, OR INTERFERE WITH THE NORMAL ACTIVITY AND WELL-BEING OF ANY MAMMALIAN DOLPHIN OR PORPOISE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 23, Chapter 5, Title 50 of the 1976 Code is amended by adding:
"Section 50-5-2517. Except when authorized by a federal permit, it is unlawful for any person to catch, attempt to catch, feed, feed by hand, kill, or harass any mammalian dolphin or porpoise. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred fifty dollars nor more than one thousand dollars or imprisoned for not more than thirty days, or both."
SECTION 2. Section 50-5-1910(A) of the 1976 Code, as last amended by Act 370 of 2000, is further amended to read:
"(A) Except as otherwise provided, no person sixteen years of age or older may engage in fishing for recreation in South Carolina salt waters seaward of the dividing lines between salt water and freshwater without:
(1) a saltwater recreational fisheries license issued pursuant to this article. ;or
(2) a temporary saltwater recreational fisheries license."
SECTION 3. Section 50-5-1920 of the 1976 Code, as last amended by Act 370 of 2000, is further amended to read:
"Section 50-5-1920. The following licenses must be made available throughout this State by the department or its authorized agents for issuance or sale and are issued for the time prescribed in Section 50-9-20:
(1) saltwater recreational fisheries license for residents and nonresidents. The annual fee for the issuance of the license is five dollars and fifty cents. Fifty cents may be retained by the issuing agent, and the balance must be paid to the department;
(2) public fishing pier license. The annual fee for the issuance of the license is one hundred fifty dollars for a pier one hundred feet or less in total length or three hundred fifty dollars for a pier greater than one hundred feet in total length; and
(3) charter vessel license. The annual fee for the issuance of the license is one hundred fifty dollars for vessels licensed to carry six or fewer passengers, two hundred fifty dollars for vessels licensed to carry seven to forty-nine passengers, and three hundred fifty dollars for vessels licensed to carry more than forty-nine passengers. However, the annual fee for the issuance of the license is forty dollars if the vessel carries only the passengers who hire the vessel. (A) For the privilege of fishing for recreation in the saltwaters of this State:
(1) a resident must purchase an annual saltwater recreational fisheries license for ten dollars; and
(2) a nonresident must purchase an annual saltwater recreational fisheries license for thirty-five dollars.
(B) In lieu of obtaining an annual saltwater recreational fisheries license:
(1) a resident may purchase a temporary saltwater recreational fisheries license valid for any fourteen specified consecutive days for five dollars;
(2) a nonresident may purchase a temporary saltwater recreational fisheries license valid for any fourteen specified consecutive days for eleven dollars.
(C) The agent who issues any license provided in (A) or (B) may retain one dollar for each license issued, and the balance must be paid to the department.
(D) For the privileges afforded a person holding a temporary fisheries license, such person need not first acquire an annual saltwater recreational fisheries license.
(E) For the privilege of operating a public fishing pier in the saltwaters of this State the owner or operator must purchase an annual saltwater public fishing pier license for one hundred fifty dollars for a pier one hundred feet or less in total length or three hundred fifty dollars for a pier greater than one hundred feet in total length.
(F) For the privilege of operating a charter fishing vessel in the saltwaters of this State the owner or operator must purchase an annual charter fishing vessel license for one hundred fifty dollars for vessels licensed to carry six or fewer passengers, two hundred fifty dollars for vessels licensed to carry seven to forty-nine passengers, and three hundred fifty dollars for vessels licensed to carry more than forty-nine passengers. Provided, the annual fee for the issuance of the license is forty dollars if the vessel carries only the passengers who hire the vessel.
(G) The licenses must be made available throughout this State by the department or its authorized agents and must be issued for the time prescribed in Section 50-9-20."
SECTION 4. Section 50-5-1930 of the 1976 Code, as last amended by Act 370 of 2000, is further amended to read:
"Section 50-5-1930. If a coastal state which has or establishes a saltwater recreational fisheries stamp, license, or permit recognizes through statute, regulation, or reciprocal agreement the validity of a South Carolina saltwater recreational fisheries license within its boundaries, South Carolina must recognize the validity of a corresponding stamp, license, or permit held on his person by residents of that state."
SECTION 5. Section 50-5-1935 of the 1976 Code, as last amended by Act 370 of 2000, is further amended to read:
"Section 50-5-1935. The department may produce stamps as commemorative or collectors items which must be sold for not less than five dollars and fifty cents. The stamp does not authorize recreational fishing. The proceeds must be retained by the department."
SECTION 6. Section 50-5-1940 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-1940. The department shall may create and design the stamp and license and develop saltwater recreational fisheries prints and related articles. The department is responsible for the administration, sale, and distribution of the stamps, licenses, prints, and related articles."
SECTION 7. Section 50-5-1950(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(A) A Saltwater Recreational Fisheries Advisory Committee is established to assist in prioritizing the expenditures of monies received in the special account. The committee is composed of:
(1) one member of the Board of the Department of Natural Resources to serve ex officio;
(2) two at-large members appointed by the Governor; and
(3) one member from each of the following coastal counties appointed by a majority of the respective legislative delegations of Beaufort, Charleston, Colleton, Georgetown, Horry, and Jasper, Dorchester, and Berkeley Counties."
SECTION 8. Chapter 5, Title 50 of the 1976 Code is amended by adding:
"Section 50-5-1340. It is unlawful to set or use a trap or basket commonly known as a 'crab pot' to catch crab for commercial purposes within Little Chechessee Creek in Beaufort County. Individuals may set two crab pots to catch crab for personal consumption and not for sale. "
SECTION 9. This act takes effect upon approval by the Governor.
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