Current Status Introducing Body:House Bill Number:3711 Ratification Number:158 Act Number:95 Primary Sponsor:Committee (20) Type of Legislation:GB Subject:Recreational Fisheries and Conservation Management Act Date Bill Passed both Bodies:May 16, 1991 Computer Document Number:NO5/7305.BD Governor's Action:S Date of Governor's Action:May 27, 1991 Introduced Date:Mar 20, 1991 Date of Last Amendment:May 15, 1991 Last History Body:------ Last History Date:May 27, 1991 Last History Type:Act No. 95 Scope of Legislation:Statewide Sponsor Committee:Agriculture, Natural Resources, and Environmental Affairs Sponsor Committee Number:20 Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
3711 ------ May 27, 1991 Act No. 95
3711 ------ May 27, 1991 Signed by Governor
3711 ------ May 21, 1991 Ratified R 158
3711 House May 16, 1991 Concurred in Senate
amendment, enrolled for
ratification
3711 Senate May 15, 1991 Read third time, returned
with amendment
3711 Senate May 15, 1991 Amended
3711 Senate May 14, 1991 Amended, read second time,
ordered to third reading with
notice of general amendments
3711 Senate May 09, 1991 Committee Report: Favorable 07
with amendment
3711 Senate Apr 24, 1991 Introduced, read first time, 07
referred to Committee
3711 House Apr 23, 1991 Read third time, sent to
Senate
3711 House Apr 18, 1991 Amended, read second time
3711 House Apr 11, 1991 Objection withdrawn by
Representative
3711 House Apr 03, 1991 Objection by Representative
3711 House Mar 28, 1991 Debate adjourned
3711 House Mar 20, 1991 Introduced, read first time
View additional legislative information at the LPITS web site.
(A95, R158, H3711)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 50 SO AS TO PROVIDE FOR THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT OF 1991.
Whereas, marine recreational fishing is an important activity in South Carolina which provides significant recreational and economic benefits to the state's citizens and visitors; and
Whereas, the proper management and development of the resources which support these fisheries require information on the number of people utilizing these resources and information on their catches as well as funds to carry out management and development activities; and
Whereas, a marine recreational fisheries stamp system is the best way to obtain this information and fund these needed activities; and
Whereas, the legislative intent of this act is to provide:
(1) that residents and nonresidents of South Carolina sixteen years of age or older, except as otherwise provided, on the tidal waters of this State may not possess, land, take, catch, or kill fish or shellfish with a fishing device for sport, recreation, or personal consumption or attempt to do these things without first procuring a marine recreational fisheries stamp;
(2) a mechanism for the South Carolina Wildlife and Marine Resources Department to produce and sell additional stamps, prints, and related items as commemorative or collector's items;
(3) that funds accruing from the sale of marine recreational fisheries stamps, permits, prints, and related articles are utilized solely for marine recreational fisheries conservation and management purposes;
(4) that funds accruing from the implementation of this act are not used as a substitute for state appropriated funds to the department. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
South Carolina Recreational Fisheries Conservation and Management Act of 1991
SECTION 1. The 1976 Code is amended by adding:
Section 50-20-10. This chapter may be cited as the South Carolina Recreational Fisheries Conservation and Management Act of 1991.
Section 50-20-20. As used in this chapter, unless the context otherwise requires:
(1) `Fishing' means:
(a) catching, taking, landing, or harvesting marine fish;
(b) attempting to catch, take, land, or harvest marine fish;
(c) other activity reasonably expected to result in the catching, taking, landing, and harvesting of marine fish.
(2) `Recreational fishermen' includes persons engaging or intending to engage in fishing for recreation only.
(3) `Marine fish' includes all species of finfish, oysters, and clams in South Carolina's tidal waters.
(4) `Charter fishing vessel' means a vessel used to transport marine recreational fishermen for hire and includes charter, party, and head boats.
(5) `Tidal waters' means waters where the tide regularly rises and falls and in the areas defined in Section 50-17-30 corresponds to the existing freshwater/saltwater dividing lines seaward.
(6) `Public fishing pier' refers to piers open to the public and which charge a fee to fish.
Section 50-20-30. (A) No person sixteen years of age or older may engage in fishing for recreation in South Carolina's tidal waters without a marine recreational fishing stamp issued pursuant to this chapter, except as provided in Section 50-17-660 and this chapter.
(B) The stamp must be validated by the signature of the licensee across the face of the stamp.
(C) No vessel may transport marine recreational fishermen for a fee without a charter fishing permit. No person may charge a fee to the public to fish from a pier without obtaining a marine public fishing pier permit.
(D) The stamp and permit must be available for inspection at all times.
Section 50-20-40. (A) Charter fishing vessels shall maintain a log of the number of persons carried each day, number of hours engaged in fishing, and number and weight of fish by species caught each day.
(B) Public fishing piers shall maintain a log of the number of persons fishing from that structure each day.
(C) The logs must be submitted to the department once a month. A subsequent permit must not be issued unless the requirements of this section are met.
Section 50-20-50. The following stamps and permits must be made available throughout the State by the South Carolina Wildlife and Marine Resources Department or its authorized agents for issuance or sale and are issued for the time provided in Section 50-9-20:
(1) marine recreational fishing stamp for residents and nonresidents. The annual fee for the issuance of the stamp is five dollars and fifty cents. Fifty cents may be retained by the issuing agent, and the balance must be paid to the department;
(2) public fishing pier permit. The annual fee for the issuance of the permit is three hundred fifty dollars;
(3) charter vessel permit. The annual fee for the issuance of the permit is one hundred fifty dollars for vessels licensed to carry six or fewer passengers, three hundred dollars for vessels licensed to carry seven to forty-nine passengers, and five hundred dollars for vessels licensed to carry more than forty-nine passengers.
Section 50-20-60. The following are exempt from purchasing the stamp:
(1) fishermen using a hook and line from the shore or a shore-based structure;
(2) fishermen fishing from a charter fishing vessel with a valid charter fishing permit or from a public fishing pier with a valid public fishing pier permit;
(3) members of the United States Armed Forces who are residents of South Carolina stationed outside this State upon presentation of official furlough or leave papers;
(4) persons exempted under Article 9, Chapter 9 of Title 50.
Section 50-20-70. If a coastal state which has or establishes a marine recreational fisheries stamp, license, or permit recognizes through statute, regulation, or reciprocal agreement the validity of a South Carolina marine recreational fisheries stamp or permit within its boundaries, South Carolina recognizes the validity of a marine recreational fisheries stamp, license, or permit held by residents of that state.
Section 50-20-80. The department may produce additional stamps as commemorative or collector's items which must be sold for not less than five dollars and fifty cents. The proceeds must be retained by the department.
Section 50-20-90. The department shall create and design the stamp and permit and develop marine recreational fisheries prints and related articles. The department is responsible for the administration, sale, and distribution of the stamps, permits, prints, and related articles.
Section 50-20-100. (A) Monies from the sale of the stamps, permits, prints, and related articles must be paid into a special account separate from the general fund. Monies in the account are carried forward each year and may be used to match available federal funds. They may be used only for the following programs which directly benefit marine recreational fishing:
(1) development of marine recreational fishing facilities;
(2) scientific research relating to management of marine recreational fisheries;
(3) protection, maintenance, or enhancement of marine habitat important to the continued production of fish stocks and their food sources of significance to marine recreational fishing;
(4) administrative and coastal enforcement activities for the issuance of stamps and permits and development of prints and related articles;
(5) enforcement of the laws and fishery management regulations relating to marine recreational fisheries, including habitat protection;
(6) other programs directly benefiting marine recreational fishing recommended by the Marine Recreational Fisheries Advisory Board provided in this chapter.
(B) Funds from the special account expended for administration and coastal enforcement activities in subsection (A)(4) and (5) may not exceed twenty-five percent of monies paid into the account annually from the sale of stamps, permits, prints, and related articles.
(C) Funds from the special account must be used to publish an annual report to be made available to stamp and permit holders to indicate how the previous year's funds were utilized.
Section 50-20-110. (A) A Marine Recreational Fisheries Advisory Board is established to assist in prioritizing the expenditures of monies received in the special account. The board is composed of:
(1) one member of the South Carolina Wildlife and Marine Resources Commission;
(2) two at-large members appointed by the Governor;
(3) one member from each of the following coastal counties appointed by a majority of the respective legislative delegations: Beaufort, Charleston, Colleton, Georgetown, Horry, and Jasper.
(B) The members in subsection (A)(2) and (3) shall represent the marine recreational fishing community.
(C) Official expenses for board members are as provided by law for state employees on public business and must be paid from revenues from the sale of stamps, permits, prints, and related articles.
(D) The terms of members in subsection (A)(2) and (3) are for four years and are limited to two consecutive terms.
Section 50-20-120. A person violating this chapter, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days."
Time effective
SECTION 2. Upon approval by the Governor, this act takes effect July 1, 1992, except Section 50-20-90 of the 1976 Code in Section 1 which takes effect upon approval and except appointments to the Marine Recreational Fisheries Advisory Board established in Section 50-20-110 in Section 1 which may be made before terms begin on July 1, 1992.
Approved the 27th day of May, 1991.