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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 WATERS OF THIS STATE WITHOUT FIRST PROCURING A STATE 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 WATERS 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 permit. Persons taking, attempting to take, in possession of, or transporting striped bass, hybrid striped bass, brook trout, brown trout, rainbow trout, or small mouth bass must have a valid state waters fisheries hatchery stamp in their possession. 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 immediately releasing of fish back to the waters when and where they were caught. The department must furnish permits to its authorized licensed sales agents for sale in the same manner as other type licenses. The fee for each permit is five dollars and fifty cents. Fifty cents of the permit cost may be retained by the issuing sales agent, and the balance must be paid to the department. Each permit expires on the last day of June following issuance. These proceeds must be retained by the department. Revenue derived from the sale of the permit may be used only for the development, protection, and propagation of freshwater fish in this State."
SECTION 2. This act takes effect upon approval by the Governor.
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