Current Status Bill Number:3180 Ratification Number:214 Act Number:97 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970114 Primary Sponsor:Witherspoon All Sponsors:Witherspoon Drafted Document Number:jic\5015htc.97 Date Bill Passed both Bodies:19970604 Date of Last Amendment:19970527 Governor's Action:U Became law without signature of Governor Date of Governor's Action:19970615 Subject:Shrimp, catch and limits imposed on, fish and game
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19970630 Act No. A97
------ 19970615 Unsigned, became law without
signature of Governor
------ 19970609 Ratified R214
House 19970604 Concurred in Senate amendment,
enrolled for ratification
Senate 19970529 Read third time, returned to House
with amendment
Senate 19970527 Read second time, ordered to
third reading with notice of
general amendments
Senate 19970527 Committee amendment adopted
Senate 19970522 Committee report: Favorable with 07 SFGF
amendment
Senate 19970304 Introduced, read first time, 07 SFGF
referred to Committee
House 19970228 Read third time, sent to Senate
House 19970227 Amended, read second time,
unanimous consent for third reading
on Friday, 19970228
House 19970226 Committee report: Favorable with 20 HANR
amendment
House 19970114 Introduced, read first time, 20 HANR
referred to Committee
House 19970108 Prefiled, referred to Committee 20 HANR
View additional legislative information at the LPITS web site.
(A97, R214, H3180)
AN ACT TO AMEND SECTION 50-17-665, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITS ON THE AMOUNT OF SHRIMP AUTHORIZED TO BE TAKEN OVER BAIT, SO AS TO IMPOSE CATCH AND POSSESSION LIMITS ON SHRIMP, AND TO REVISE THE PENALTIES FOR VIOLATIONS INCLUDING THE FORFEITURE OF SPECIFIED PERSONAL PROPERTY FOR CERTAIN VIOLATIONS.
Whereas, commercial shrimping is this state's most important commercial fishery; and
Whereas, the shrimp baiting fishery is one of this state's most important recreational fisheries; and
Whereas, both of these fisheries are dependent upon protecting and conserving this state's overwintering white shrimp stocks which spawn in the spring and produce the shrimp which support both of these fisheries; and
Whereas, a cast net fishery is developing which harvests these overwintering white shrimp stocks; and
Whereas, the amendment to Section 50-17-665 of the 1976 Code contained in this act protects and conserves these critical overwintering shrimp stocks by limiting their harvest; and
Whereas, it is not the General Assembly's intent to change any of the existing commercial shrimping laws or shrimp baiting laws with the amendment contained in this act. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Taking shrimp over bait
SECTION 1. Section 50-17-665 of the 1976 Code, as amended by Section 1265, Act 181 of 1993, is further amended to read:
"Section 50-17-665. (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 a 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 upon the waters or the lands immediately adjacent to the waters from May first through December fifteenth. The possession limit is ninety-six quarts of whole shrimp or fifty-eight quarts of headed shrimp while not on the waters or lands immediately adjacent to the waters unless a person has in possession a bill of lading or receipt showing that the shrimp have been purchased from a licensed retail or wholesale dealer. This subsection does not apply to a licensed trawler lawfully fishing and/or transporting the catch to a licensed wholesale seafood dealer, or to a licensed dealer distributing his product, or to a properly licensed bait dealer harvesting or distributing his product.
(C) From December sixteenth through April thirtieth, except as otherwise provided for in this subsection, it is unlawful for a person to have in his immediate control or possession more than a total of twelve dozen live or dead shrimp while upon the waters of the State. When a boat is being used to catch or transport shrimp, one limit is allowed among all persons in the boat. This subsection does not apply to a licensed trawler lawfully fishing and/or transporting the catch to a licensed dealer or to a licensed dealer distributing his product, or to a properly licensed bait dealer harvesting or distributing his product. No trawler may have a cast net or other recreational shrimping gear aboard during this period. Charter fishing vessels properly licensed under Sections 50-20-30 and 50-20-50 may not have aboard more than a total of twenty-five dozen live or dead shrimp while upon the waters of this State from December sixteenth through April thirtieth.
(D) Any bait dealer harvesting live shrimp to be sold as bait: (1) must have in possession a valid bait dealer license as provided in Section 50-17-200; (2) must have a live bait tank or bait tanks aboard the harvesting vessel with a compatible aeration system; (3) may not have dead shrimp on board; and (4) the dealer must be certified by the department as a bona fide bait dealer. The department may annually certify bona fide bait dealers and this department certification must be in writing and must be in the bait dealer's possession at all times when harvesting bait. The department may inspect the business premises or floating equipment, or both, of a person engaged in harvesting and selling shrimp to be used as bait for purposes of certification.
(E) A person who violates subsections (A) or (B):
(1) is guilty of a misdemeanor and, upon conviction, for a first offense must be fined two hundred dollars or imprisoned not more than thirty days, and the entire catch must be seized and forfeited as provided in Section 50-17-650. 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, is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars or imprisoned for not more than thirty days. The boat, motor, trailer, rigging, coolers, fishing devices, and the entire catch may be seized and forfeited as provided in Section 50-17-650. 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. Other law notwithstanding, magistrate's court has jurisdiction over second and subsequent offenses.
(F) A person or captain of a charter fishing vessel who violates subsection (C):
(1) is guilty of a misdemeanor and, upon conviction for a first offense, must be fined two hundred dollars or imprisoned not more than thirty days and the shrimp must be seized and forfeited as provided in Section 50-17-650.
(2) for a second or subsequent offense, is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars or imprisoned for not more than thirty days. The boat, motor, trailer, rigging, coolers, fishing devices, and the entire catch may be seized and forfeited as provided in Section 50-17-650. 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. Other law notwithstanding, magistrate's court has jurisdiction over second and subsequent offenses.
(G) A bait dealer who violates subsection (D):
(1) is guilty of a misdemeanor and, upon conviction for a first offense, must be fined two hundred dollars or imprisoned not more than thirty days.
(2) for a second or subsequent offense, is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned not more than thirty days. In addition, the bait dealer involved in the violation must have his privilege to harvest or distribute bait suspended for one year from the date of conviction.
(H) No part of the fine or suspension imposed for a violation of this section may be suspended."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Became law without the signature of the Governor -- 6/15/97.
Printer's Date -- June 18, 1997 -- S.