South Carolina General Assembly
117th Session, 2007-2008

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Bill 4548

Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AS PASSED BY THE SENATE

April 24, 2008

H. 4548

Introduced by 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

S. Printed 4/24/08--S.

Read the first time February 26, 2008.

            

A BILL

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, AS AMENDED, 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, AS AMENDED, RELATING TO PENALTIES FOR EXCEEDING CERTAIN LIMITS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE PENALTIES APPLY; AND TO REPEAL SECTIONS 50-13-220, 50-13-230, AND 50-13-235 RELATING TO STRIPED BASS CATCH AND TAKING REQUIREMENTS.

Amend Title To Conform

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."

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 immediately returned to the waters from whence it came.

(B)    In the Lower Santee River and Cooper River systems from October first through May thirtieth, 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 thirtieth 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."

SECTION    3.    Section 50-9-1120(3) of the 1976 Code, as added by Act 372 of 1996, 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."

SECTION    4.    Section 50-13-285 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-13-285.    Any Unless otherwise provided, a person violating the provisions of Sections 50-13-210, 50-13-220, 50-13-250, or 50-13-280 must this article, upon conviction for a first offense, of any of the sections 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. Subsequent offense is an offense against any of the sections and not any one in particular. But only those offenses of any of the sections which occurred within a period of two years, including and immediately preceding the date of the last offense shall constitute prior offenses within the meaning of this section."

SECTION    5.    Sections 50-13-220, 50-13-230, and 50-13-235 of the 1976 Code are repealed.

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 unlawful lawful to take and retain from Lake Murray not more than two striped bass (rockfish) per day that are taken from Lake Murray and the Congaree River seaward from the Gervais Street Bridge to the lower dam of Lake Moultrie and less than the legal size limit 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.

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