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COMMITTEE REPORT
February 6, 2002
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 2/6/02--H.
Read the first time January 25, 2001.
To whom was referred a Bill (H. 3361) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, SECTION 3, Section 50-5-1920, page 3, line 25, by adding a new appropriately lettered subparagraph to read:
/ ( ) Revenue attributable to the fee increase beginning July 1, 2002, must be used for Section 50-5-1945(A)(1),(2), and (3) activities only. /
When amended SECTION 3 shall read:
/ 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."
( ) Revenue attributable to the fee increase beginning July 1, 2002, must be used for Section 50-5-1945(A)(1),(2), and (3) activities only." /
Amend the bill further, by striking SECTION 8 in its entirety.
Amend the bill further, by striking SECTION 9 in its entirety and inserting:
/ SECTION 9. This act takes effect on July 1, 2002. /
When amended SECTION 9 shall read:
/ SECTION 9. This act takes effect on July 1, 2002. /
Renumber sections to conform.
Amend title to conform.
CHARLES R. SHARPE for Committee.
REVENUE IMPACT1
This bill is expected to increase funds allocated to DNR by $473,280 in FY 2002-03. This bill would have no impact on general fund revenue in FY 2002-03.
Explanation
This bill initially set misdemeanor fines for attempting to catch, feed or otherwise interfere with dolphins or porpoises. As amended, it also alters the fee structure of annual, saltwater recreational fishing licenses for residents and non-residents and adds a temporary license for a specific two-week period. The annual license fee of $5.50 would be raised to $10 for residents and $35 for nonresidents. The new temporary license would cost residents $5 and nonresidents $11. The amount retained by the issuing agent for all licenses would increase to $1 from $.50 and the Department of Natural Resources (DNR) would continue to retain the balance. The bill adds language to clarify that commemorative fishing stamps, at $5.50 each, do not authorize fishing. Pursuant to Section 50-9-20, the license period is July 1 to June 30 of the following year. There is no change in reciprocal agreements to honor corresponding licenses of other coastal states.
Based on a review of saltwater license sales and the mix of resident and non-resident (NR) temporary licenses currently issued by DNR, the BEA expects this bill would apply to approximately 120,000 total license sales in FY 2002-03. Of this amount, 72,000 licenses would be $10 annual resident at a net gain of $4 each or $288,000 to DNR; 26,400 would be $5 temporary resident with a net loss of $1 each or $26,400 to DNR; 4,320 would be $35 annual NR at a net gain of $29 or $125,280 to DNR; and 17,280 would be $11 temporary NR at a net gain of $5 each or $86,400 to DNR. This bill, therefore, is expected to increase DNR earmarked revenues by a total of $473,280 in FY 2002-03. Licensing agents would also retain an extra fifty cents per license, which amounts to $60,000 for sales of 120,000 licenses in FY 2002-03. This bill would have no impact on general fund revenue in FY 2002-03.
Approved By:
William C. Gillespie
Board of Economic Advisors
1 This statement meets the requirement of Section 2-7-71 for a state revenue impact.
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.
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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