South Carolina General Assembly
109th Session, 1991-1992

Bill 3868


                    Current Status

Introducing Body:               House
Bill Number:                    3868
Ratification Number:            507
Act Number:                     428
Primary Sponsor:                Snow
Type of Legislation:            GB
Subject:                        Gill nets for taking American
                                shad
Companion Bill Number:          900
Date Bill Passed both Bodies:   May 21, 1992
Computer Document Number:       436/11600.DW
Governor's Action:              S
Date of Governor's Action:      Jun 01, 1992
Introduced Date:                Apr 11, 1991
Last History Body:              ------
Last History Date:              Jun 01, 1992
Last History Type:              Signed by Governor
Scope of Legislation:           Statewide
All Sponsors:                   Snow
Type of Legislation:            General Bill

History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3868  ------  Jun 01, 1992  Act No. 428
 3868  ------  Jun 01, 1992  Signed by Governor
 3868  ------  May 27, 1992  Ratified R 507
 3868  Senate  May 21, 1992  Read third time, enrolled for
                             ratification
 3868  Senate  May 20, 1992  Read second time, unanimous
                             consent for third reading on
                             Thursday, May 21, 1992
 3868  Senate  May 19, 1992  Committee Report: Favorable     07
 3868  Senate  Apr 30, 1992  Introduced, read first time,    07
                             referred to Committee
 3868  House   Apr 30, 1992  Read third time, sent to
                             Senate
 3868  House   Apr 29, 1992  Read second time
 3868  House   Apr 15, 1992  Committee Report: Favorable     20
 3868  House   Apr 11, 1991  Introduced, read first time,    20
                             referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A428, R507, H3868)

AN ACT TO AMEND SECTION 50-17-422, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF GILL NETS FOR TAKING AMERICAN SHAD IN STATE WATERS OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT EACH NET SET IN VIOLATION OF THIS SECTION CONSTITUTES A SEPARATE OFFENSE.

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

Gill nets

SECTION 1. Section 50-17-422 of the 1976 Code is amended to read:

"Section 50-17-422. During the open season for taking American shad in state waters of the Atlantic Ocean, all gill nets having a stretch mesh size between four and one-half inches and ten inches stretched mesh must be drift fished and may not be staked, anchored, or otherwise set in a fixed position. For the purpose of this section, anchored includes the use of concrete blocks or any other weight which is not a part of the natural construction of the gill net. No gill net of the mesh sizes specified in this paragraph used in the waters of the Atlantic Ocean during the open season for shad may be left unattended and, if the licensed owner or operator is not located in the immediate vicinity, the net must be confiscated.

A gill net of over one hundred yards in length used in the Atlantic Ocean from the shoreline seaward to the three mile territorial limit must be marked with buoys, red or international orange in color, not less than twenty inches in diameter which float above the water in a manner to be clearly visible at all times. One buoy must be attached to the float line of the net every one hundred yards and one of the buoys must be attached to each end of the net. At least one buoy attached to the net must have the name and license number of the owner clearly marked on it.

Each net set in violation of this section constitutes a separate offense.

The penalties for violation of this section are the same as those prescribed in Section 50-17-470. The possession of freshly caught shad by any fisherman during the closed seasons is unlawful."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 1st day of June, 1992.