South Carolina General Assembly
112th Session, 1997-1998

Bill 106


                    Current Status

Bill Number:                    106
Ratification Number:            54
Act Number:                     49
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19970114
Primary Sponsor:                Passailaigue 
All Sponsors:                   Passailaigue 
Drafted Document Number:        s-res\passaila\res1106.elp
Date Bill Passed both Bodies:   19970509
Governor's Action:              S
Date of Governor's Action:      19970521
Subject:                        Natural Resources Department,
                                permits issued for holding facilities,
                                horseshoe crabs, Fish and Game

History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19970604  Act No. A49
------  19970521  Signed by Governor
------  19970515  Ratified R54
House   19970509  Read third time, enrolled for
                  ratification
House   19970508  Read second time, unanimous
                  consent for third reading on
                  Friday, 19970508
House   19970507  Recalled from Committee                  20 HANR
House   19970311  Introduced, read first time,             20 HANR
                  referred to Committee
Senate  19970306  Read third time, sent to House
Senate  19970305  Read second time
Senate  19970220  Committee report: Favorable              07 SFGF
Senate  19970114  Introduced, read first time,             07 SFGF
                  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.)

(A49, R54, S106)

AN ACT TO AMEND SECTION 50-17-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES FOR TAKING MARINE LIFE FOR EXPERIMENTAL OR SCIENTIFIC PURPOSES, SO AS TO AUTHORIZE PERMITS FOR HOLDING AND PROPAGATION FACILITIES; AND TO AMEND SECTION 50-17-165, RELATING TO THE TAKING OR POSSESSING OF HORSESHOE CRABS, SO AS TO AUTHORIZE PERMITS ISSUED UNDER THIS SECTION TO INCLUDE PROVISIONS FOR HOLDING FACILITIES AND TO ALLOW HORSESHOE CRABS TO BE HELD IN FACILITIES APPROVED BY THE DEPARTMENT.

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

Permits also regulate holding and propagation of marine life

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

"Section 50-17-50. The department may prescribe and require permits of persons actually engaged in the taking, holding, and propagation of fish, shellfish, crustaceans, or other marine life in the saltwaters of this State for experimental commercial or scientific purposes not otherwise provided for by state law or departmental regulations. Permits issued for experimental commercial purposes may be for no more than two years and may not be renewed. Permits issued pursuant to this section may include provisions as to the areas, times, seasons, types of fishing equipment, species taken, catch reporting requirements, and other conditions as the division determines necessary. The department may issue special collecting permits without charge to qualified scientists, students, and other persons actually engaged in the study of marine biology. Marine life collected by persons issued special scientific permits under this section may not be used for personal consumption or for commercial purposes. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days. In addition, any person found guilty of a violation of any of the conditions or requirements of a permit issued under this section or convicted of a violation of applicable conservation laws or regulations, shall have the permit issued to him revoked or suspended for thirty days. Any boat, motor, or fishing equipment used by a person engaged in the taking of fish, shellfish, or other marine life without a permit as required by the department under this section or during the period which his permit has been suspended must be seized and, upon conviction, sold or redeemed as provided for in Section 50-17-650."

Permits also regulate holding facilities for horseshoe crabs

SECTION 2. Section 50-17-165 of the 1976 Code is amended to read:

"Section 50-17-165. (A) The taking or possessing of horseshoe crabs (Limulus polyphemus) from the waters and bottoms of the State is lawful

only under a permit issued by the department as prescribed in this section. The lawful hours to trawl for horseshoe crabs are as provided in Section 50-17-640.

(B) A person who catches, takes, or possesses a horseshoe crab or its parts other than for a scientific purpose as provided in Section 50-17-50 must have a valid permit issued by the department and must obtain the individual licenses required by this article. A boat or vessel used by a permittee engaged in trawling, dragging, towing, or fishing with a net, a dredge, a trap, or other commercial fishing device must be licensed as required under this article. However, the catching or capture of horseshoe crabs incidentally or inadvertently during legal fishing operations for other species of marine fish or invertebrates does not violate this section if the horseshoe crabs immediately are returned to the water unharmed.

(C) (1) Permits issued under this section may include provisions as to:

(a) lawful fishing areas;

(b) minimum size requirements for horseshoe crabs;

(c) mesh size and dimensions of nets and other harvesting devices;

(d) bycatch requirements;

(e) fishing times or periods;

(f) catch reporting requirements;

(g) holding facilities, conditions, and periods;

(h) other conditions the department determines.

(2) In areas closed to trawling or other fishing activities the department may permit the taking of horseshoe crabs but shall limit fishing equipment and methods to trawls or devices specifically designed for taking horseshoe crabs.

(D) Horseshoe crabs from which blood is collected for production of amebocyte lysate may be held in facilities approved by the department and must be handled so as to minimize injury to the crab. Horseshoe crabs collected in South Carolina must be returned unharmed to state waters of comparable salinity and water quality as soon as possible after bleeding.

(E) The penalties for a violation of this section, upon conviction, are as prescribed in Section 50-17-100. Upon the conviction of a permittee for a violation of this section or a requirement of a permit, his permit may be suspended or revoked by the department. If a person operates a boat or vessel pursuant to this section when his permit is suspended or revoked, the boat or vessel must be seized and disposed of as provided under Section 50-17-650."

Time effective

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

Approved the 21st day of May, 1997.