South Carolina General Assembly
105th Session, 1983-1984

Bill 402

                    Current Status

Bill Number:               402
Ratification Number:       289
Act Number:                274
Introducing Body:          Senate
Subject:                   Relating to the penalties for violations
                           of shrimp trawling provisions
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A274, R289, S402)

AN ACT TO AMEND SECTION 50-17-1615, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATIONS OF SHRIMP TRAWLING PROVISIONS, SO AS TO PROVIDE FOR THE SEIZURE AND SALE OF BOATS, EQUIPMENT, RIGGING, AND CATCH USED OR CAUGHT WHILE UNLAWFULLY TRAWLING IN SOUNDS AND BAYS.

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

Penalties for trawling shrimp; seizure of property

SECTION 1. The last paragraph of Section 50-17-1615, as last amended by Act 128 of 1983, 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 2. This act shall take effect upon approval by the Governor.