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Bill Number: 2677 Ratification Number: 77 Act Number 47 Introducing Body: House Subject: Relating to set or channel nets
(A47, R77, H2677)
AN ACT TO AMEND SECTION 50-17-360, AS AMENDED, AND SECTION 50-17-1070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SET OR CHANNEL NETS SO AS TO CHANGE THE NUMBER OF SET OR CHANNEL NET LICENSES WHICH MAY BE ISSUED AND THE PROCEDURE FOR USING THEM; TO ELIMINATE A TIME LIMITATION ON THEIR USE AND TO CHANGE THE PENALTY PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 50-17-1021, SO AS TO REGULATE THE USE OF SET OR CHANNEL NETS IN GAME ZONES NOS. 6 AND 11.
Be it enacted by the General Assembly of the State of South Carolina:
Division may issue licenses, fee
SECTION 1. Section 50-17-360, of the 1976 Code, as last amended by Section 2 of Act 165 of 1981, is further amended to read:
"Section 50-17-360. The Division may issue no more than a cumulative total of sixty licenses for the use of set or channel nets in any one year. Applicants who held set or channel net licenses for the previous fiscal year and who were not in violation of applicable conservation laws or regulations must receive preference for licenses. Set or channel net licenses must be applied for in person. Only one permit may be issued to any individual. No person may fish more than one set or channel net at any one time and any net left unattended must have affixed a floating marker with the name of the permit holder and permit number printed on the float. No person may use a set or channel net without a license, and must have a valid set or channel net license in possession. No set or channel net may be set within three hundred feet of a marked navigation channel. The fee for each set or channel net license is two hundred fifty dollars a year. No set or channel net may be issued to any person under the age of sixteen years."
SECTION 2. Section 50-17-1070 of the 1976 Code is amended to read:
"Section 50-17-1070. Any person violating the provisions of this article 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. Any nets or fishing devices used in violation of this article or any permit requirements set forth by the Division must be seized and, upon conviction, or in the case of nets unclaimed and unidentified after sixty days, may be disposed of by the Division as it determines. Any catch found in nets or fishing devices used in violation of this article must be seized and sold and the proceeds of the sale must be held pending final disposition of the case.
In addition to the above, any person convicted of violating the provisions pertaining to set or channel nets under Sections 50-17-360, 50-17-1020, 50-17-1021, 50-17-1050, or found in violation of Departmental regulations shall have the set or channel net license issued to him revoked or suspended for the next thirty open season days. Any boat, motor, and equipment used to set, fish, or operate set or channel nets in violation of the provisions of Section 50-17-360, 50-17-1021 or during the period for which the set or channel net license has been suspended or revoked must be seized and sold or redeemed as provided for under Section 50-17-1615."
Channel nets in Game Zones 6 and 11
SECTION 3. The 1976 Code is amended by adding:
"Section 50-17-1021. It is unlawful to use set or channel nets in Game Zones Nos. 6 and 11 except in such areas, at such times and in such seasons as it is lawful to trawl for shrimp in such zones.
In Game Zones Nos. 7 and 9, it is unlawful to use set or channel nets except in those areas designated for such purpose by the Division and during such seasons as it is lawful to trawl for shrimp in the areas specified in Section 50-17-1520.
No set or channel net may be used in any of the waters of this State after November fifteenth of any year.
Finding a set or channel net aboard a boat during the closed periods specified is prima facie evidence of a violation of this Section."
SECTION 4. This act shall take effect upon approval by the Governor.