South Carolina General Assembly
105th Session, 1983-1984

Bill 2398

                    Current Status

Bill Number:               2398
Ratification Number:       75
Act Number                 45
Introducing Body:          House
Subject:                   Requirements for licenses and permits
                           for the harvesting of whelks
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A45, R75, H2398)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-415 SO AS TO PROVIDE REQUIREMENTS FOR LICENSES AND PERMITS FOR THE HARVESTING OF WHELKS (CONCHS) BY TRAWLING, DREDGING, AND SIMILAR ACTIVITIES, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

License required - penalties

SECTION 1. The 1976 Code is amended by adding:

"Section 50-17-415. (1) Any boat or vessel engaged in trawling, dragging, or towing any net, dredge, or other device for the taking of whelks (conchs) in the legal trawling areas of this State must have a valid trawler's license as provided under Section 50-17-410. In addition, any such boat or vessel must have in possession a valid permit for such purpose issued by the Marine Resources Division. The permit requirements specified do not apply to boats or vessels engaged in harvesting shrimp with shrimp nets having a mesh size of less than two inches, stretched, during the open shrimp trawling season.

(2) Permits issued under this section may include specifications as to lawful fishing areas, minimum size requirements, mesh size of nets and other devices, fishing times or periods, species which may be retained for sale, and catch reporting requirements. The Division may limit the number of permits issued if such limitation is determined to be necessary in the interest of sound fisheries management.

(3) The provisions of this section do not apply to the use of dredges, escalator harvesters, or other equipment for taking oysters and hard clams in accordance with other provisions of law and Division regulations.

(4) The penalty for violations of the provisions of this section is the same as prescribed in Section 50-17-130. In addition, any permits issued may, upon conviction of a permittee for a violation of this section, be suspended or revoked by the Division. Any boat or vessel found operating during the period for which its permit has been suspended or operating after its permit has been revoked shall be seized and disposed of as provided under Section 50-17-1615."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.