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INTRODUCED
February 14, 2001
H. 3559
S. Printed 2/14/01--H. [SEC 2/15/01 2:57 PM]
Read the first time February 14, 2001.
TO AMEND SECTION 50-5-1505, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TAKE AND SIZE LIMITS, AND TIMES FOR TAKING SHAD, HERRING, AND STURGEON, SO AS TO CHANGE THE TIMES FOR TAKING SHAD DURING SHAD SEASON IN A PORTION OF THE WINYAH BAY DRAINAGE SYSTEM FROM 7:00 A.M. TUESDAY TO MONDAY NOON AND IN A PORTION OF THE SANTEE RIVER BELOW U.S. HIGHWAY 41 BRIDGE SEAWARD FROM TUESDAY NOON TO SATURDAY NOON TO MONDAY NOON TO SATURDAY NOON.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-5-1505(1) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"(1) In addition to other provisions of law, the following provisions are effective until promulgated as regulations and 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 15 through April 15;
(2) Times: 7:00 a.m. Tuesday Monday noon to 7:00 p.m., 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:
Season: No open season;
(ii) Wilson Dam seaward to U.S. Highway 52 bridge:
Season: No open season.
(iii) U.S. Highway 52 bridge seaward to SC 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.
(iv) U.S. Highway 41 bridge seaward:
(1) Season: February 1 through March 31;
(2) Times: Tuesday 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 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; 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 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 above U.S. Highway 17-A bridge including main stems of Salkehatchie Rivers:
(1) Season: January 15 through March 31;
(2) Times: For setnets, Tuesday noon to Thursday 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.
(iii) Main river below U.S. Highway 17-A but above U.S. Highway 17 bridge:
(1) Season: January 15 through March 31;
(2) Times: For setnets, Tuesday noon to Thursday 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.
(iv) Main river seaward of U.S. Highway 17 bridge:
(1) Season: January 15 through March 31;
(2) Times: For setnets, Tuesday noon to Thursday 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 nets is prohibited at all times in the Savannah's Back River and the north channel of the Savannah River downstream from the New Savannah Cut;
(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.
(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, lift net, and hook and line;
(4) Size and take limits: Two hundred fifty pounds per boat per day combined catch of herring and shad.
SECTION 2. This act takes effect upon approval by the Governor.
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