Current Status Introducing Body:
SenateBill Number: 1226Primary Sponsor: WashingtonCommittee Number: 07Type of Legislation: GBSubject: Shad license, season, netting requirementsResiding Body: SenateCurrent Committee: Fish, Game & ForestryComputer Document Number: NO5/7652BDW.94Introduced Date: 19940302Last History Body: SenateLast History Date: 19940302Last History Type: Introduced, read first time, referred to CommitteeScope of Legislation: StatewideAll Sponsors: Washington MescherType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 1226 Senate 19940302 Introduced, read first time, 07 referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 50-17-805, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FISHING LICENSES FOR SHAD, HERRING, AND STURGEON, SO AS TO REVISE THE REPORTING AND OTHER REQUIREMENTS FOR THE LICENSES; SECTION 50-17-810, AS AMENDED, RELATING TO THE SHAD SEASONS, SO AS TO REVISE THE SEASONS IN CERTAIN AREAS; SECTION 50-17-811, AS AMENDED, RELATING TO THE SHAD SEASON IN GAME ZONE 7, SO AS TO PROVIDE FOR THE LIMIT ON TAKING SHAD IN ALL GAME ZONES; SECTION 50-17-812, AS AMENDED, RELATING TO CATCHING OR SETTING NETS OR OTHER DEVICES FOR SHAD, SO AS TO PROVIDE FOR THE USE OF SHAD AND GILL NETS IN CERTAIN AREAS; SECTION 50-17-860, AS AMENDED, RELATING TO THE RESTRICTIONS ON THE USE OF NETS TO CATCH SHAD, SO AS TO REVISE THE RESTRICTIONS, PROVIDE RESTRICTIONS IN CERTAIN AREAS, AND PROVIDE FOR STATIONARY NETS; SECTION 50-17-890, AS AMENDED, RELATING TO THE RECORDS AND REPORTS FOR BUYING, SHIPPING, AND SELLING SHAD AND STURGEON, SO AS TO PROVIDE FOR LICENSING REQUIREMENTS AND RECORDS AND REPORTS PURSUANT TO CERTAIN PROVISIONS; SECTION 50-17-895, AS AMENDED, RELATING TO PENALTIES PERTAINING TO SHAD, SO AS TO REVISE THE PENALTIES AND PROVIDE FOR THE SEIZURE OF EQUIPMENT AND CATCH; AND TO REPEAL SECTIONS 50-17-813, 50-17-814, 50-17-815, 50-17-816, 50-17-817, 50-17-820, 50-17-850, 50-17-855, AND 50-17-867 RELATING TO THE REGULATION OF SHAD FISHING IN CERTAIN AREAS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-17-805 of the 1976 Code, as last amended by Section 1265, Act 181 of 1993, is further amended to read:
"Section 50-17-805. Any A person fishing for taking, attempting to take, possessing, buying, or selling shad, herring, or sturgeon in either fresh or saltwaters of the State must shall obtain the applicable licenses and comply with the reporting and other conditions required under Section Sections 50-17-180, 50-17-190, 50-17-210, or 50-17-240 but 50-17-215, 50-17-250, 50-17-280, and 50-17-455. He is not required to obtain the commercial freshwater fishing licenses provided under Article 6, of Chapter 13 of this title."
SECTION 2. Section 50-17-810 of the 1976 Code, as last amended by Section 1265, Act 181 of 1993, is further amended to read:
"Section 50-17-810. It is unlawful to catch, buy, sell, or ship white shad or hickory shad between the twenty-fifth day of March or the Saturday before Easter Sunday, whichever comes later in each year, and the first day of February in the following year, except that:
(1) From a point forty river miles from the mouth of a stream in which shad may run on to the waters of its source the closed season for shad is from the thirtieth day of April each year until the first day of February the following year, the point forty river miles from the mouth of the Combahee River being designated as Rose Hill, from the mouth of the Waccamaw River in Horry County being designated as the junction of Big Bull Creek and the Waccamaw River, from the mouth of the Pee Dee River being designated as the bridge on Highway 701 across the river and on Yauhannah Lake being designated as the bridge on Highway 701 across Yauhannah Lake. However, on the Edisto River the closed season for the taking of shad is from April fifteenth each year until January fifteenth the following year from the U. S. Highway 17 bridge to the headwaters of the Edisto River and from April first each year until January fifteenth the following year from the U. S. Highway 17 bridge at Jacksonboro seaward.
(2) On Black River the closed season for fishing for shad with skimbow or pump nets for noncommercial purposes is from May first each year until February first the following year.
(3) From the first day of February to the first day of May each year, it is lawful to use bow, skimbow, or pump nets to catch shad for noncommercial purposes.
(4) It is lawful to catch white or hickory shad for noncommercial purposes by the use of a hook and line, including rod and reel, if the individual first has procured the regular state fishing license.
(5) On the Savannah River the open season for shad is from January fifteenth through April fifteenth except that shad fishing is prohibited in Back River and the North Channel of the Savannah River downstream from New Savannah Cut, as posted.
(6) No shad may be taken by gill net in the Santee River or its tributaries upstream from South Carolina Highway 41; except that beginning at 7:00 p.m. on Tuesday and Thursday until 6:00 a.m. the following day of one week and beginning at 7:00 p.m. on Wednesday and Friday until 6:00 a.m. the following day of the following week, alternately, shad may be taken by gill net in the Santee River and its tributaries upstream from South Carolina Highway 41 to South Carolina Highway 52. If the taking of shad between Highways 41 and 52 is determined to be hazardous to the striped bass fishery by the department, it may close the waters to shad fishing by emergency regulation. (A) Except where otherwise specified by this title or department regulation, the season for taking American or hickory shad in the waters of this State is January fifteenth through April fifteenth. However, from a point forty miles up river from the mouth of a coastal river, measured in river miles, extending seaward to the mouth of the river where it enters the Atlantic Ocean, the season closes April first.
(B) The open season for taking American or hickory shad on the:
(1) Edisto and Ashepoo Rivers is January fifteenth through April first upstream of the U.S. Highway 17 Bridge and January fifteenth through March fifteenth downstream from the U.S. Highway 17 Bridge;
(2) Combahee River upstream of the U.S. Highway 17 Bridge is January fifteenth through March fifteenth.
(C) However, a person may take American or hickory shad for noncommerical purposes by hook and line, including rod and reel, any time of year if he has procured the freshwater fishing license or marine recreational fishing stamp required by law.
(D) Taking or attempting to take American or hickory shad with nets is prohibited at all times in the Back River and the North Channel of the Savannah River downstream from New Savannah Cut, as posted, and in the Cooper River upriver of the saltwater-freshwater dividing line.
(E) It is unlawful to buy, sell, or ship fresh American or hickory shad except during the open season. The department may shorten or extend the season on state waters if the action is determined to be in accordance with sound fisheries management practices.
(F) For purposes of this section, the following points are designated as the forty-mile limits from the mouths of the following rivers:
(1) Combahee River: Rose Hill;
(2) Santee River: Phoenix Landing;
(3) Black River: Mouth of Lane's Creek;
(4) Waccamaw River: Junction of Big Bull Creek;
(5) Pee Dee River: Highway 701 Bridge across the river and Highway 701 Bridge across Yauhannah Lake."
SECTION 3. Section 50-17-811 of the 1976 Code, as last amended by Section 1265, Act 181 of 1993, is further amended to read:
"Section 50-17-811. In Game Zone 7 the open season for catching of shad is from the first day of February to the fourth day of May. A person using a hook and line, including a rod and reel, may take or have in possession no more than ten American or hickory shad in one day."
SECTION 4. Section 50-17-812 of the 1976 Code, as last amended by Section 1265, Act 181 of 1993, is further amended to read:
"Section 50-17-812. During the open season it is unlawful to catch shad or set a seine, a net, or other device for shad from:
(1) twelve noon on Saturday until twelve noon on Monday following, except with skimbow nets for noncommercial purposes on the Black River or Great Pee Dee River; or
(2) twelve midnight on Saturday until twelve noon on Tuesday following on the Edisto River from the U. S. Highway 17 bridge at Jacksonboro to the headwaters of the river, and twelve midnight on Friday until twelve noon Wednesday following on the Edisto River seaward of the U. S. Highway 17 bridge at Jacksonboro, except with skimbow nets for noncommercial purposes. (A) Shad or gill nets of the legal mesh size provided in Section 50-17-860 may be used or possessed in the waters of this State only from Tuesday noon until Saturday noon following during the open season.
(B) During the open season, nets for taking shad may be used or possessed on the:
(1) Edisto River only from Wednesday noon until Friday midnight following;
(2) Ashepoo and Combahee Rivers only from Friday noon until Saturday noon following;
(3) Santee River from S.C. Highway 41 upstream to S.C. Highway 52 only from Tuesday noon until Thursday noon following.
(C) Upon issuing official notice, the department may shorten or extend the legal weekly fishing periods for shad in state waters if the action is in the interest of sound fisheries management."
SECTION 5. Section 50-17-860 of the 1976 Code, as last amended by Section 1265, Act 181 of 1993, is further amended to read:
"Section 50-17-860. (A) No nets for catching taking shad may be used with have a mesh size of less than five and one-half inches nor extending more than halfway across any stream nor stretched mesh if stationary and a length of more than two hundred yards in freshwaters or saltwaters. On the Edisto, Ashepoo, and Combahee Rivers no nets for taking shad may exceed fifty yards in length. Gill nets having a mesh size of less than that provided in this section must not be used during the open season for shad except where otherwise specifically provided for by state law or departmental regulation. No gill net may be deployed within two hundred yards of any net a previously set net. and no cable line or any other device used for the support of the nets may extend over halfway across any stream, nor is it lawful to set any nets for catching shad in lakes or coves tributary to any stream, whether navigable or not, except that a net of a size no larger than five and one-half inch stretch mesh but not less than four and one-half inch stretch mesh may be used in the Savannah River. No net or seine may be used in the muddy waters of any river within twenty-five yards of the mouth of any clearwater stream emptying into such river. In the Edisto River north of U. S. Highway 15 nets with a mesh of not less than four and one-half inches may be used. The length of a gill net, cable, line or a device attached to it may not exceed one-half of the width of the stream where the net is fished, regardless of how it is set.
(B) A stationary or fixed net used for taking shad left unattended must be marked with a float or buoy at each end of the net with the name and license number of the owner clearly painted or branded on each float or buoy. However, if one end of the net webbing is attached to the shore, only the outer or streamward end must be buoyed in the manner described. Each float or buoy used must be of a type approved by the department and constructed of plastic foam, polyethylene, PVC Spongex, or other durable material and must be at least ten inches in diameter and float above the surface of the water so as to be clearly visible at all times."
SECTION 6. Section 50-17-890 of the 1976 Code, as last amended by Section 1265, Act 181 of 1993, is further amended to read:
"Section 50-17-890. All persons engaged in buying, shipping, and or selling shad or sturgeon must be licensed as provided in Section 50-17-180 and shall keep records and make reports as prescribed required by the department and shall make monthly reports as prescribed by that department under Section 50-17-280."
SECTION 7. Section 50-17-895 of the 1976 Code, as last amended by Section 1265, Act 181 of 1993, is further amended to read:
"Section 50-17-895. (A) Any A person violating this article is guilty of a misdemeanor and, upon conviction of violation of the provisions of this article, must be punished as provided in Section 50-17-100 fined not more than two hundred dollars or imprisoned not more than thirty days. Each violation constitutes a separate offense. A person convicted of a second offense must have all licenses dealing with shad suspended and is not eligible to obtain additional licenses for three years from the date of conviction.
(B) A boat, motor, and related equipment and nets or fishing devices used in a second or subsequent offense in violation of this article must be seized and, upon conviction, and for nets unclaimed and unidentified after sixty days, may be disposed by the department as it determines.
(C) 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."
SECTION 8. Sections 50-17-813, 50-17-814, 50-17-815, 50-17-816, 50-17-817, 50-17-820, 50-17-850, 50-17-855, and 50-17-867 of the 1976 Code are repealed.
SECTION 9. This act takes effect upon approval by the Governor.