Bill 2742

                    Current Status

Bill Number:               2742
Ratification Number:       308
Act Number                 301
Introducing Body:          House
Subject:                   Taking or catching shrimp 

(A301, R308, H2742)

AN ACT TO AMEND SECTION 50-17-1620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A CAST NET TO TAKE SHRIMP, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO CATCH OR TAKE SHRIMP BY ANY MEANS, RATHER THAN BY CAST NET ALONE, FOR COMMERCIAL PURPOSES OUTSIDE THE AREAS AS SPECIFIED IN CERTAIN CODE SECTIONS OR OUTSIDE THE LEGAL CHANNEL NET ZONES AS ESTABLISHED BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, MAKE IT UNLAWFUL TO TAKE OR ATTEMPT TO TAKE SHRIMP BY USE OF A SHRIMP TRAP OR SHRIMP POT, REQUIRE THE DEPARTMENT TO ESTABLISH ANNUALLY A SIXTY-DAY OPEN SEASON BETWEEN SEPTEMBER FIRST AND NOVEMBER FIFTEENTH FOR TAKING SHRIMP OVER BAITED AREAS, MARE IT UNLAWFUL TO TAKE OR ATTEMPT TO TAKE SHRIMP OVER BAIT DURING THE CLOSED SEASON FOR TAKING SHRIMP OVER BAIT EXCEPT BY USE OF A DROP NET FROM CERTAIN STRUCTURES, MAKE IT UNLAWFUL FOR A RESIDENT OR NONRESIDENT TO TAKE SHRIMP BY CAST NET OVER BAIT DURING THE OPEN SEASON UNLESS HE FIRST OBTAINS A SHRIMP BAITING PERMIT AND ASSOCIATED TAGS, MAKE IT UNLAWFUL TO BORROW, LOAN, OR EXCHANGE A BAITING PERMIT OR TAGS WITH ANOTHER PERSON AND PROVIDE CERTAIN PENALTIES, PROVIDE FOR A FEE FOR A RESIDENT SHRIMP BAITING PERMIT AND ASSOCIATED TAGS OF TWENTY-FIVE DOLLARS AND FOR A FEE FOR THE ISSUANCE OF THE NONRESIDENT SHRIMP BAITING PERMIT AND ASSOCIATED TAGS OF FIVE HUNDRED DOLLARS, PROVIDE FOR A FEE FOR THE ISSUANCE OF DUPLICATE SHRIMP BAITING PERMITS OF TWENTY-FIVE DOLLARS FOR RESIDENTS AND OF ONE HUNDRED DOLLARS FOR NONRESIDENTS, PROVIDE FOR A FEE FOR THE ISSUANCE OF EACH DUPLICATE TAG OF ONE DOLLAR FOR RESIDENTS AND OF FOUR DOLLARS FOR NONRESIDENTS, PROVIDE FOR THE USE OF MONIES DERIVED FROM THE ISSUANCE OF ALL PERMITS AND TAGS, MAKE IT UNLAWFUL TO CATCH OR TAKE SHRIMP OVER A BAITED AREA EXCEPT UNDER CERTAIN CONDITIONS AND PROVIDE CERTAIN EXEMPTIONS TO THE PROHIBITION OUTRIGHT, MAKE IT UNLAWFUL DURING THE CLOSED SEASON FOR TAKING SHRIMP OVER BAIT TO HAVE ABOARD ANY BOAT ANY POLES OR MATERIAL THAT CAN BE USED TO ATTRACT, LURE, OR CAUSE SHRIMP TO CONGREGATE, MAKE IT UNLAWFUL TO SET POLES WITHIN FIFTY YARDS OF A DOCK OR PUBLIC LANDING OR BOAT RAMP, PROVIDE VARIOUS PENALTIES FOR THE VIOLATION OF DIFFERENT PORTIONS OF SECTION 50-17-1620, PROVIDE THAT EACH QUART OF SHRIMP TAKEN IN VIOLATION OF THE PROVISIONS OF THIS SECTION MAY CONSTITUTE A SEPARATE OFFENSE, PROVIDE THAT NO PART OF THE FINES PROVIDED IN THIS SECTION MAY BE SUSPENDED, AND DELETE CERTAIN LANGUAGE; AND TO AMEND SECTION 50-17-1621, RELATING TO THE LIMIT ON THE CATCH OF SHRIMP BY SEINE OR CAST NET, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT WHEN TAKING SHRIMP OVER BAIT, THERE IS A CATCH LIMIT OF NOT MORE THAN FORTY-EIGHT, RATHER THAN FIFTY, QUARTS OF WHOLE SHRIMP OR TWENTY-NINE, RATHER THAN THIRTY, QUARTS OF HEADED SHRIMP FOR EACH SET OF POLES A DAY, PROVIDE A CATCH LIMIT WHEN NO BAIT IS BEING USED, PROVIDE A CATCH LIMIT WHEN A SEINE OR SEINES ARE BEING USED TO TAKE SHRIMP, MAKE IT UNLAWFUL, WITH CERTAIN EXCEPTIONS, FOR ANY PERSON TO HAVE IN HIS IMMEDIATE CONTROL OR POSSESSION MORE THAN FORTY-EIGHT QUARTS OF WHOLE SHRIMP OR TWENTY-NINE QUARTS OF HEADED SHRIMP WHILE ON THE WATERS OR THE LANDS IMMEDIATELY ADJACENT TO THE WATERS AND PROVIDE FOR A POSSESSION LIMIT, PROVIDE FOR VARIOUS PENALTIES, AND PROVIDE THAT NO PART OF THE FINES IN THIS SECTION MAY BE SUSPENDED.

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

Taking or catching of shrimp

SECTION 1. Section 50-17-1620 of the 1976 Code is amended to read:

"Section 50-17-1620. (A) It is unlawful to catch or take shrimp by any means for commercial purposes outside the areas as specified in Sections 50-17-1510, 50-17-1520, 50-17-1590, and 50-17-1600 or outside the legal channel net zones as established by the Wildlife and Marine Resources Department, other than for sale as live bait, or 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. Furthermore, it is unlawful to take or to attempt to take shrimp by the use of a shrimp trap or shrimp pot.

(B) The Wildlife and Marine Resources Department shall establish annually a sixty-day open season between September first and November fifteenth for taking shrimp over baited areas. The sixty days may but are not required to be consecutive. It is unlawful for anyone to take, or attempt to take, shrimp over bait during the closed season for taking shrimp over bait. The provisions of this subsection do not apply to anyone taking or attempting to take shrimp over bait by the use of a drop net from a pier, dock, or other structure permanently affixed to the high land.

(C) It is unlawful for any resident or nonresident of this State to take shrimp by cast net over bait during the open season unless he first obtains from the Division of Marine Resources a shrimp baiting permit and associated tags. Upon receipt of application and fees, the Division of Marine Resources shall issue the permit along with ten marking device tags bearing the corresponding permit number. Every permittee while shrimping over bait shall carry on his person his baiting permit and upon demand shall show it to any conservation officer.

(D) It is unlawful for any person to borrow, loan, or exchange a baiting permit or tags with another person. In addition to the penalties set forth in this section, he shall forfeit any right to any baiting permit and tags issued to him and is prohibited from procuring another baiting permit and tags for the season for which the baiting permit and tags so borrowed, exchanged, or loaned were issued.

(E) The fee for a resident shrimp baiting permit and associated tags is twenty-five dollars. The fee for the issuance of the nonresident shrimp baiting permit and associated tags is five hundred dollars. The Division of Marine Resources may issue duplicate baiting permits or tags upon affidavit from the permittee that he has lost his baiting permit or tags. The duplicate permit or tags must be labeled 'Duplicate'. The fee for the issuance of a duplicate shrimp baiting permit is twenty-five dollars for residents and one hundred dollars for nonresidents. The fee for the issuance of each duplicate tag is one dollar for residents and four dollars for nonresidents. All monies derived from the issuance of all permits and tags authorized in this section are retained by the department for the purposes of administration and enforcement of this section and Section 50-17-1621.

(F) It is unlawful for any person to catch or take shrimp over a baited area unless:

(1) each bait deposit is marked by a pole not to exceed one inch in diameter which is driven into the ground and with the department-issued tag securely attached to it;

(2) each pole is plainly marked with white reflective tape;

(3) there is a ten-pole limit a boat a day, additional boats in tow may not be used to increase the number of authorized poles;

(4) there is a ten-pole limit for each person who is shrimping over a baited area if no boat is being used,

(5) if more than one pole is being used, the distance between the first and the last pole may not exceed one hundred yards;

(6) the minimum distance between each set of poles may not be less than twenty-five yards; (7) no pole or set of poles may be left unattended, and if the permittee is not located in the immediate vicinity, the poles must be confiscated by the department;

(8) the permittee is allowed to shrimp over only those poles bearing his corresponding permit number. It is unlawful during the closed season for taking shrimp over bait to have aboard any boat any poles or material that can be used to attract, lure, or cause shrimp to congregate. It is unlawful to set poles within fifty yards of a dock or public landing or boat ramp.

(G) The provisions of subsection (F) do not apply to anyone taking or attempting to take shrimp by the use of a drop net over bait from a pier, dock, or other structure permanently affixed to the high land.

(H) Any person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days, and the shrimp baiting permit, associated tags, and the fisherman's land and sell license must be suspended for two years. The boat, motor, trailer, rigging, coolers, nets, fishing devices, and catch must be seized and forfeited as provided in Section 50-17-1615.

(I) Any person who violates the provisions of subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days and the boat, motor, trailer, rigging, coolers, fishing devices, and catch must be seized and forfeited as provided in Section 50-17-1615.

In addition, his privilege to catch shrimp over bait will be suspended for a period of two years from the date of conviction.

(J) Any person who violates the provisions of subsection (C) or (D) is guilty of a misdemeanor, and upon conviction for a first offense, must be fined two hundred dollars or imprisoned for not more than thirty days, and the catch must be seized and forfeited as provided in Section 50-17-1615. Any person who violates these subsections for a second or subsequent offense is guilty of a misdemeanor and must be fined two hundred dollars or imprisoned for not more than thirty days and the boat, motor, trailer, rigging, coolers, fishing devices, and catch must be seized and forfeited as provided in Section 50-17-1615.

(K) Any person who violates the provisions of subsection (F) is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars, and the catch must be seized and forfeited as provided in Section 50-17-1615.

(L) Each quart of shrimp taken in violation of the provisions of this section may constitute a separate offense.

(M) No part of the fines provided in this section may be suspended."

Catch limits on shrimp

SECTION 2. Section 50-17-1621 of the 1976 Code is amended to read:

"Section 50-17-1621. (A) When taking shrimp over bait, there is a catch limit of not more than forty-eight quarts of whole shrimp or twenty-nine quarts of headed shrimp, for each set of poles a day. When no bait is being used, the catch limit is forty-eight quarts of whole shrimp or twenty-nine quarts of headed shrimp for each boat a day or for each person when no boat is used When a seine or seines are being used to take shrimp, one catch limit is allowed a day among the persons using the seines. As used in this section, a day means sunrise on one day to sunrise on the following day.

(B) It is unlawful for any person to have in his immediate control or possession more than forty-eight quarts of whole shrimp or twenty-nine quarts of headed shrimp while on the waters or the lands immediately adjacent to the waters. The possession limit is ninety-six quarts of whole shrimp or fifty-eight quarts of headed shrimp. This subsection does not apply to any commercial fisherman transporting his catch to a licensed seafood dealer, or to any licensed dealer distributing his product.

(C) Any person who violates the provisions of this section:

(1) by taking more than forty-eight quarts of whole shrimp or more than twenty-nine quarts of headed shrimp or for exceeding the lawful possession limit while not on the waters or the lands immediately adjacent is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days, and the entire catch must be seized and forfeited as provided in Section 50-17-1615. If the shrimp involved in the violation were caught over bait, his privilege to catch shrimp over bait must be suspended for two years from the date of conviction;

(2) for a second or subsequent offense of possession of any number of quarts of shrimp over the lawful daily catch limit or possession limit is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days. In addition, the boat, motor, trailer, rigging, coolers, fishing devices, and the entire catch must be seized and forfeited as provided in Section 50-17-1615. If the shrimp involved in the violation were caught over bait his privilege to catch shrimp over bait must be suspended for two years from the date of conviction. No part of the fines provided in this section may be suspended."

Time effective

SECTION 3. This act takes effect upon approval by the Governor