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S. 672
STATUS INFORMATION
General Bill
Sponsors: Senators Gregory and Campsen
Document Path: l:\council\bills\gjk\20358sd05.doc
Companion/Similar bill(s): 3889
Introduced in the Senate on March 29, 2005
Currently residing in the Senate Committee on Fish, Game and Forestry
Summary: Saltwater fish
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/29/2005 Senate Introduced and read first time SJ-6
3/29/2005 Senate Referred to Committee on Fish, Game and Forestry SJ-6
4/20/2005 Senate Committee report: Favorable with amendment Fish, Game
and Forestry SJ-14
4/21/2005 Scrivener's error corrected
5/2/2006 Senate Recommitted to Committee on Fish, Game and Forestry SJ-9
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
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COMMITTEE REPORT
April 20, 2005
S. 672
S. Printed 4/20/05--S. [SEC 4/21/05 3:41 PM]
Read the first time March 29, 2005.
To whom was referred a Bill (S. 672) to amend Section 50-5-1705, as amended, Code of Laws of South Carolina, 1976, relating to catch limits on certain saltwater fish, so as to, 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, by adding a new SECTION appropriately numbered to read:
/ SECTION ____. Section 50-5-32 of the 1976 Code, as added by Act 342 of 2002, is amended to read:
"Section 50-5-32. (A) The department has the authority to close any commercial or recreational fishing season, area, or activity in the salt waters of this State when an emergency exists. For the purposes of this section an emergency is an unusual, sudden, and unexpected or anticipated natural or man-induced situation or occurrence which threatens poses a threat to the future or present well-being of a fishery resource or its habitat in a part of or in all of the salt waters of this State.
(B) The department must use all reasonable means to give notice to the public or an emergency closure issued pursuant to subsection (A) as soon as practicable. An emergency closure notice must specify the cause of the emergency and the fishing season, area, or activity closed, and, if known, the duration of the closure.
(C) When taking emergency action under this section, the department must notify the appropriate standing committees of the Senate and the House of Representatives of its actions as soon as practicable. Supporting resource assessments, scientific documentation, and notice of action taken must be provided to the committees.
(D) During the first three days of an emergency closure instituted under this section, the department must issue only warnings for first offense, noncommercial violations of the closure.
(E) The department must monitor the situation or occurrence under which the emergency arose and must reopen the closed season, area, or activity as soon as, but only when, the threat to the resource or its habitat no longer exists.
(F) It is unlawful to take or attempt to take saltwater fish in violation of violate an emergency closure. A person violating an emergency closure is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days." /
Amend the bill further by deleting Section 50-5-1710(C) in its entirety, as contained in SECTION 2, page 5, beginning on line 13, and inserting:
/ (C) The take and possession limits established pursuant to this article for saltwater nongame fish apply to saltwater nongame fish taken only by means of gig, spear, gill net, cast net, hook and line, similar device, or by illegal gear. The size limits established for saltwater nongame fish apply to saltwater nongame fish taken by any means. The take, possession, and size limits established for saltwater game fish apply to game fish taken by any means. /
Renumber sections to conform.
Amend title to conform.
CHAUNCEY K. GREGORY for Committee.
TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS ON CERTAIN SALTWATER FISH, SO AS TO AUTHORIZE THE BOARD OF NATURAL RESOURCES TO ESTABLISH TAKE AND POSSESSION LIMITS AND SIZE LIMITS FOR ELEVEN SPECIFIC TYPES OR GROUPS OF SALTWATER FINFISH, TO PROVIDE FOR THE REVIEW, APPROVAL, NOTIFICATION, AND IMPLEMENTATION PROCEDURES IN REGARD TO THE ABOVE, TO PROVIDE THAT THESE PROCEDURES ARE IN LIEU OF THOSE FOR PROMULGATION OF REGULATIONS UNDER THE ADMINISTRATIVE PROCEDURES ACT, AND TO PROVIDE THAT THIS AUTHORITY IS GRANTED TO THE BOARD FOR A PERIOD OF FIVE YEARS ONLY; AND TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SIZE LIMITS ON CERTAIN SALTWATER FISH, SO AS TO REVISE THE GAME FISH DESIGNATION FOR SALTWATER GAME FISH, TO PROVIDE FOR THE MANNER IN WHICH TAKE, POSSESSION, AND SIZE LIMITS APPLY TO CERTAIN SALTWATER GAME FISH AND NONGAME FISH, TO REVISE TAKE AND POSSESSION LIMITS FOR TARPON AND TAKE PERIODS FOR SPOTTED SEA TROUT AND RED DRUM, TO DELETE CERTAIN SEA BASS REQUIREMENTS, AND TO PROVIDE FOR PROCEDURAL AND IMPLEMENTATION PROVISIONS IN REGARD TO THE ABOVE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-5-1705 of the 1976 Code, as last amended by Act 105 of 2001, is further amended to read:
Section 50-5-1705. (A) Spotted seatrout (winter trout), Cynoscion nebulosus; red drum (channel bass), Sciaenops ocellatus; tarpon, Megalops atlanticus; and any species of billfish of the Family Istiophoridae are saltwater gamefish.
(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.
(D) It is unlawful for a person to take or have in possession more than two red drum in any one day.
(E) It is unlawful for a person to take or have in possession more than one tarpon in any one day.
(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.
(G) It is unlawful to gig for spotted seatrout or red drum from December 1 through the last day of February inclusive.
(H) The possession limits do not apply to the possession or sale of properly identified fish imported by seafood dealers or produced by permitted mariculture operations, or to possession as allowed under permit authorized by this chapter.
(A) Upon advice from the department, from within the ranges provided, inclusive, the Board of Natural Resources may establish daily take and possession limits for each person and minimum size limits for the following saltwater finfish species and species groups:
(1) sheepshead (Archosargus probatocephalus):
(a) size range: twelve to fourteen inches;
(b) take and possession range: three to twenty;
(2) Atlantic croaker (Micropogon undulatus):
(a) size range: seven to twelve inches;
(b) take and possession range: five to fifty;
(3) black drum (Pogonias cromis):
(a) size range: twelve to fourteen inches;
(b) take and possession range: five to twenty;
(4) kingfishes (whitings) (Menticirrhus species):
(a) size range: seven to twelve inches;
(b) take and possession range: five to fifty;
(5) spot (Leiostomus xanthurus):
(a) size range: seven to nine inches;
(b) take and possession range: five to fifty;
(6) spotted seatrout (Cynoscion nebulosus):
(a) size range: thirteen to sixteen inches;
(b) take and possession range: one to fifteen;
(7) weakfish (Cynoscion regalis):
(a) size range: twelve to eighteen inches;
(b) take and possession range: three to twenty;
(8) bluefish (Pomatomus saltatrix):
(a) size range: ten to fourteen inches;
(b) take and possession range: five to twenty;
(9) flounders (Paralichthys species):
(a) size range: twelve to fourteen inches;
(b) take and possession range: five to twenty;
(10) cobia (Rachycentron canadum):
(a) size range: thirty-three to forty-three inches;
(b) take and possession range: one to four.
(B) Upon advice from the department, from within the ranges provided, inclusive, the Board of Natural Resources may establish the following daily take and possession limits for each person and minimum and maximum size limits for red drum (Sciaenops ocellatus):
(1) minimum and maximum size range: fourteen to twenty-seven inches;
(2) take and possession range: one to ten;
(C) When acting under the authority of this section, the board shall consider:
(1) best available fishery data and the condition of the species or stocks involved;
(2) environmental factors, including water quality and climatological data;
(3) potential impacts upon resource users;
(4) federal and state fishery management plans;
(5) the public interest; and
(6) other factors pertinent to the management and wise utilization of fishery resources.
(D) The department shall make available upon request a statement of rationale which shall state the basis for the proposed limit, including the scientific or technical basis, as demonstrated by any studies, reports, policies, or statements of professional judgment or administrative need relied upon in establishing or changing the take or possession limits authorized under this section.
(E) Before the board takes action under this section, the department shall convene public meetings as considered necessary by the department to explain and receive public comment on the proposed action. The department shall use reasonable means to inform interested parties of any public meeting and of action being considered. Notice of a public meeting must be given at least seven days in advance and must inform the public of the location where a person may obtain from the agency a copy of the detailed statement of rationale as required by this section.
(F) The department will use reasonable means to publicize the action. Notice of the action must be given to the Senate Fish, Game and Forestry Committee and the House of Representatives Agriculture, Natural Resources and Environmental Affairs Committee no later than May first of the year of the board action. Limits established must take effect on July first following board action.
(G) Procedures under this section are in lieu of the procedures for promulgation of regulations under the Administrative Procedures Act.
(H) Upon the effective date of this section, the catch or take and possession limits and the size limits provided by law shall remain in effect until the board acts to change the limits.
(I) This section is repealed July 2, 2010; provided, that the take, possession, and size limits established in the manner provided in this section as of July 2, 2010, shall continue in force and effect after July 2, 2010, until changed or otherwise modified by law."
SECTION 2. Section 50-5-1710 of the 1976 Code, as last amended by Act 105 of 2001, is further amended to read:
"Section 50-5-1710. (A) Except as provided in Article 21, 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 fifteen inches in total length, or more than twenty-four inches in total length; or
(4) black sea bass (Centropristis striata) of less than ten inches in total length.
(B) 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 operations permitted under this chapter, 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.
(A) Spotted seatrout (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) It is unlawful for a person to take or have in possession more than one tarpon (Megalops atlantica) in any one day.
(C) The take and possession limits established pursuant to this article for saltwater nongame fish apply to saltwater nongame fish taken only by means of gig, spear, gill net, cast net, hook and line, or similar device. The size limits established for saltwater nongame fish apply to saltwater nongame fish taken by any means allowed by law. The take, possession, and size limits established for saltwater game fish apply to game fish taken by any means allowed by law.
(D) As used in this article, daily means per day, and a day means sunrise on one day to sunrise on the following day.
(E) It is unlawful to gig for spotted seatrout or red drum from December first through the last day of February inclusive.
(F) The possession and size limits do not apply to the possession or sale of properly identified fish:
(1) imported lawfully by licensed seafood dealers;
(2) produced by permitted mariculture operations; or
(3) possessed or sold as allowed under permit authorized by this chapter.
The possession limits do not apply to saltwater nongame fish lawfully taken and entered into commerce.
(G) Except as provided in this section, it is unlawful to take, possess, or land a saltwater finfish in excess of the established take or possession limit.
(H) Except as provided in this section, it is unlawful to take, possess, or land a saltwater finfish unless it conforms to the established size limit.
(I) A saltwater finfish for which a catch, take, or possession limit or size limit is established by law must be brought to the dock or landed with head and tail fin intact. The immediate return to the water of fish of unlawful size or fish in excess of take limits does not constitute a violation."
SECTION 3. This act takes effect upon approval by the Governor.
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