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A237, R278, H4548
Sponsors: Reps. Umphlett, Cobb-Hunter, G.M. Smith, Lowe, Hutson, Jefferson, Toole, Vick, J.H. Neal, Huggins, Haley, Witherspoon, Anderson, Dantzler, Duncan, Knight, Ott, E.H. Pitts, Spires, Williams and Funderburk
Document Path: l:\council\bills\gjk\20488sd08.doc
Introduced in the House on January 23, 2008
Introduced in the Senate on February 26, 2008
Last Amended on May 7, 2008
Passed by the General Assembly on May 8, 2008
Governor's Action: May 21, 2008, Signed
Summary: Fish violations
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/23/2008 House Introduced and read first time HJ-20 1/23/2008 House Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ-20 2/20/2008 House Committee report: Favorable with amendment Agriculture, Natural Resources and Environmental Affairs HJ-3 2/21/2008 House Member(s) request name added as sponsor: Funderburk 2/21/2008 House Amended HJ-19 2/21/2008 House Read second time HJ-21 2/21/2008 House Unanimous consent for third reading on next legislative day HJ-21 2/22/2008 House Read third time and sent to Senate HJ-2 2/22/2008 Scrivener's error corrected 2/26/2008 Senate Introduced and read first time SJ-8 2/26/2008 Senate Referred to Committee on Fish, Game and Forestry SJ-8 4/17/2008 Senate Committee report: Favorable with amendment Fish, Game and Forestry SJ-14 4/23/2008 Senate Committee Amendment Adopted SJ-143 4/23/2008 Senate Read second time SJ-143 4/24/2008 Senate Amended SJ-22 4/24/2008 Senate Read third time and returned to House with amendments SJ-22 4/25/2008 Scrivener's error corrected 4/30/2008 House Debate adjourned on Senate amendments until Tuesday, May 6, 2008 HJ-43 5/7/2008 House Senate amendment amended HJ-16 5/7/2008 House Returned to Senate with amendments HJ-16 5/8/2008 Senate Concurred in House amendment and enrolled SJ-13 5/15/2008 Ratified R 278 5/21/2008 Signed By Governor 6/2/2008 Copies available 6/2/2008 Effective date 05/21/08 6/4/2008 Act No. 237
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A237, R278, H4548)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-5 SO AS TO PROVIDE FOR DEFINITIONS FOR PURPOSES OF CHAPTER 13 OF TITLE 50, RELATING TO THE PROTECTION OF FISH; BY ADDING SECTION 50-13-221 SO AS TO PROVIDE FOR CATCH LIMITS, LENGTH LIMITS, AND OTHER REGULATIONS PERTAINING TO STRIPED BASS TAKEN IN THE LOWER SANTEE RIVER AND COOPER RIVER SYSTEMS DURING SPECIFIED PERIODS; TO AMEND SECTION 50-9-1120, RELATING TO THE POINT SYSTEM FOR HUNTING AND FISHING VIOLATIONS, SO AS TO ADD ADDITIONAL POINTS FOR OTHER FISHING VIOLATIONS; TO AMEND SECTION 50-13-285, RELATING TO PENALTIES FOR EXCEEDING CERTAIN LIMITS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE PENALTIES APPLY; TO AMEND SECTION 50-13-236, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS TAKEN FROM LAKE MURRAY OR PORTIONS OF THE SALUDA RIVER, SO AS TO PERMIT NOT MORE THAN TWO STRIPED BASS TO BE TAKEN AND RETAINED FROM LAKE MURRAY WHICH ARE LESS THAN THE LEGAL SIZE LIMIT DURING A SPECIFIED PERIOD; TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES SHALL REVIEW THE HIGH MORTALITY RATES OF FINGERLINGS AND MAKE A REPORT TO THE CHAIRMEN OF THE SENATE FISH, GAME AND FORESTRY COMMITTEE AND THE HOUSE AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS COMMITTEE ON ITS RECOMMENDATIONS AND ACTIONS TO IMPROVE THESE RATES WITHIN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS ACT; AND TO REPEAL SECTIONS 50-13-220, 50-13-230, AND 50-13-235 RELATING TO STRIPED BASS CATCH AND TAKING REQUIREMENTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 13, Title 50 of the 1976 Code is amended by adding:
"Section 50-13-5. For the purposes of this chapter:
(1) 'Day' means the period from official sunrise of one day, to official sunrise of the next day.
(2) 'Landed' means to take and bring a fish ashore.
(3) 'Striped bass' or 'rockfish' is the species Morone saxatilis. (4) The 'Lower Santee River system' includes all waters and tributaries seaward of the Lake Murray Dam, the Columbia Canal Diversion Dam, and the Lake Wateree Dam to the freshwater/saltwater dividing line on the North Santee River and the South Santee River.
(5) The 'Cooper River system' includes all waters and tributaries, including the Tailrace Canal, of the Cooper River from its point of origin seaward to the freshwater/saltwater dividing line."
Striped bass in Lower Santee and Cooper Rivers
SECTION 2. Chapter 13, Title 50 of the 1976 Code is amended by adding:
"Section 50-13-221. (A) In the Lower Santee River and Cooper River systems from June first to September thirtieth, it is unlawful to possess any striped bass. Any striped bass taken must be returned immediately to the waters from whence it came.
(B) In the Lower Santee River and Cooper River systems from October first through May thirty-first, it is unlawful to take or possess more than three striped bass per day.
(C) In the Lower Santee River and Cooper River systems from October first through May thirty-first, it is unlawful to take or possess a striped bass less than twenty-six inches in total length.
(D) Striped bass must be landed with head and tail fin intact.
(E) The Department of Natural Resources shall make recommendations, after study, on any needed modification to the restrictions in this section before January 1, 2015."
Points for violations
SECTION 3. Section 50-9-1120(3) of the 1976 Code is amended to read:
"(3) Fishing violations:
(a) trapping, netting, or seining game fish illegally: 10;
(b) taking or possessing more than the legal limit of striped bass: 14;
(c) taking or possessing an undersized striped bass: 14."
Application of penalties
SECTION 4. Section 50-13-285 of the 1976 Code is amended to read:
"Section 50-13-285. Unless otherwise provided, a person violating the provisions of this article, upon conviction for a first offense, must be fined not less than thirty dollars nor more than two hundred dollars or imprisoned for not more than thirty days and for a subsequent offense of any of the sections be fined not less than three hundred dollars nor more than five hundred dollars or imprisoned for not more than sixty days, or both."
SECTION 5. Sections 50-13-220, 50-13-230, and 50-13-235 of the 1976 Code are repealed.
Striped bass in Lake Murray
SECTION 6. Section 50-13-236 of the 1976 Code is amended to read:
"Section 50-13-236. (A) The department may establish the daily creel limits and size limits on Lake Murray and on all waters of the Saluda River lying between the Lake Greenwood Dam (Buzzard's Roost Dam) and Lake Murray for striped bass (rockfish) and black bass by regulations promulgated and adopted in accordance with Article 1, Chapter 23 of Title 1. No creel or size limits may be set by emergency regulations. A person taking striped bass or black bass exceeding the limits set by the department is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-13-285.
(B) Notwithstanding the provisions of subsection (A), during July and August it is lawful to take and retain from Lake Murray not more than two striped bass (rockfish) per day that are less than the legal size limit."
SECTION 7. The Department of Natural Resources shall review the high mortality rates of fingerlings and make a report to the chairmen of the Senate Fish, Game and Forestry Committee and the House Agriculture, Natural Resources and Environmental Affairs Committee on its recommendations and actions to improve these rates within eighteen months after the effective date of this act.
SECTION 8. This act takes effect upon approval by the Governor.
Ratified the 15th day of May, 2008.
Approved the 21st day of May, 2008.
This web page was last updated on Monday, October 10, 2011 at 1:38 P.M.