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COMMITTEE REPORT
February 5, 2003
S. 164
S. Printed 2/5/03--S.
Read the first time January 14, 2003.
To whom was referred a Bill (S. 164) to amend Article 5, Chapter 9, Title 50, Code of Laws of South Carolina, 1976, relating to hunting and fishing licenses, by adding Section 50-9-545, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
GREG GREGORY for Committee.
TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, BY ADDING SECTION 50-9-545 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS IN THE FRESHWATERS OF THIS STATE WITHOUT FIRST PROCURING A STATE FRESHWATER FISHERIES HATCHERY STAMP AND HAVING A VALID STAMP IN THEIR POSSESSION WHILE FISHING OR TRANSPORTING STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS CAUGHT IN THE FRESHWATERS OF THIS STATE, TO PROVIDE FOR FURNISHING THE STAMP AND FOR USE OF THE PROCEEDS FROM THE SALE OF THE STAMP, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 9, Title 50 of the 1976 Code is amended by adding:
"Section 50-9-545. It is unlawful for a person to take and reduce to possession striped bass, hybrid striped bass, brook trout, brown trout, rainbow trout, or small mouth bass in the waters of this State without first procuring a state waters fisheries hatchery stamp and having a valid stamp in their possession while taking or transporting striped bass, hybrid striped bass, brook trout, brown trout, rainbow trout, or small mouth bass caught in the waters of this State. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than five hundred dollars or imprisoned not more than thirty days. For purposes of this section, taking does not include catching and immediate release of fish back to the waters when and where they were caught. Each stamp required under this section must be validated by the signature of the licensee written across the face of the stamp. The department must furnish stamps to its authorized licensed sales agents for sale in the same manner as other type licenses. The fee for each stamp is five dollars. Fifty cents of the stamp cost may be retained by the issuing sales agent, and the balance must be paid to the department. Each stamp expires on the last day of June following issuance. The department may produce additional stamps as commemorative or collector's items which must be sold at a price of not less than five dollars and fifty cents. These proceeds must be retained by the department. Revenue derived from the sale of the stamp may be used only for the cost of printing, promoting, and producing the stamp and for those freshwater fisheries hatchery and habitat projects specified by the board for the development, protection, and propagation of freshwater fish in this State. None of the funds may be expended for administrative salaries."
SECTION 2. This act takes effect upon approval by the Governor.
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