Bill 2613

                    Current Status

Bill Number:               2613
Ratification Number:       214
Act Number                 128
Introducing Body:          House
Subject:                   Reciprocal licenses and fishing
                           rights

(A128, R214, H2613)

AN ACT TO AMEND SECTION 50-17-506, RELATING TO RECIPROCAL LICENSES AND FISHING RIGHTS AMONG SOUTH CAROLINA AND OTHER STATES, SO AS TO PLACE LIMITATIONS ON EQUIPMENT, SEASONS, AND AREAS AND COMMERCIAL FISHING LICENSES ON A NONRESIDENT COMPARABLE TO LIMITATIONS PLACED ON SOUTH CAROLINA FISHERMEN BY HIS STATE, TO AMEND SECTIONS 50-17-1620 AND 50-17-1615, AS AMENDED, RELATING TO THE TAKING OF SHRIMP OR PRAWN, SO AS TO REGULATE THE USE OF CAST NETS FOR THE TAKING OF SHRIMP AND TO PROVIDE PENALTIES FOR VIOLATION AND TO IMPOSE ADDITIONAL PENALTIES FOR UNLAWFUL TRAWLING IN THE SOUNDS AND BAYS WHEN CLOSED.

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

Nonresident fishing

SECTION 1. Section 50-17-506 of the 1976 Code is amended to read:

"Section 50-17-506. In the event that a nonresident's state charges South Carolina residents commercial license fees in excess of the amounts provided for like activities in Chapter 17 of Title 50, the nonresident must pay the same total license fees which his state charges South Carolina residents. The Division of Marine Resources may deny issuance of any license or permits for commercial fishing equipment or activities to residents of any coastal state which denies the same privileges to South Carolina residents. The Division may limit the type of fishing equipment used, seasons, and areas where nonresidents may fish in accordance with comparable limitations placed upon South Carolina fishermen by the nonresident's state."

Taking shrimp

SECTION 2. Section 50-17-1620 of the 1976 Code is amended to read:

"Section 50-17-1620. It is unlawful to catch or take shrimp by cast net for commercial purposes, other than for sale as live bait, in or near any waters or bottoms which have been baited by placing, depositing, or scattering any material to attract or lure shrimp toward the bait or to cause shrimp to congregate in the area where the bait is placed.

Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not more than two hundred dollars or imprisoned for not more than thirty days, the boat and equipment licenses and the fisherman's land and sell license of such person shall be suspended for one year and the boat, rigging, nets, equipment, and the catch shall be seized and forfeited as provided in Section 50-17-1615."

Trawling for shrimp penalty

SECTION 3. The last paragraph of Section 50-17-1615, as last amended by Act 110 of 1979, is further amended to read:

"In addition to any other penalty, the use of a boat for shrimp trawling in any area which is never open to shrimp trawling or during the period for which its license has been suspended for a first offense is a misdemeanor, and the boat, including its rigging, equipment, and catch shall be seized by the Marine Resources Division and upon conviction the license of the boat and captain shall be suspended for forty-five days. The catch shall be sold and the proceeds of the sale shall be held along with the other property pending final disposition of the case. Upon conviction, the boat, equipment, and rigging held must be sold at public sale to the highest bidder for cash before the courthouse door of the county in which it was captured after giving ten days' notice of the sale in a newspaper published in the county. A second offense occurring within one year of the first offense shall result in seizure of the boat, including its rigging, equipment, and catch, and upon conviction the suspension of the license of the boat and the captain for ninety days and a fine of two hundred dollars shall be levied upon the captain. A third or subsequent offense occurring within one year of the immediate prior offense shall result in seizure of the boat, including its rigging, equipment, and catch, and upon conviction the suspension of the license of the boat and the captain for one full year and a fine of two hundred dollars shall be levied upon the captain. In addition to any other penalty, a vessel unlawfully trawling in the area defined by Section 50-17-1520 (the sounds and bays when closed) shall be seized by the Marine Resources Division along with its equipment, rigging, and catch. The catch must be sold and the proceeds held along with the other property pending the final disposition of the case. Upon conviction of the captain or operator for unlawfully trawling in a closed area the vessel, equipment, and rigging shall be sold at public auction to the highest bidder before the courthouse door of the county in which it was seized after giving ten days' notice in a newspaper of local circulation. In the event of seizure, if the boat, equipment, and rigging is worth more than twenty-four thousand dollars, the owner may redeem it at any time before the public sale by paying five thousand dollars, and if the property is of equal or less value than twenty-four thousand dollars, the owner may redeem it at any time before the public sale by paying two thousand dollars. The Marine Resources Division must determine the value of all seized property for the purposes of this section."

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.