Current Status Bill Number:
479Ratification Number: 67Act Number: 44Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19970305Primary Sponsor: RavenelAll Sponsors: RavenelDrafted Document Number: gjk\20172sd.97Companion Bill Number: 3504Date Bill Passed both Bodies: 19970513Date of Last Amendment: 19970507Governor's Action: SDate of Governor's Action: 19970521Subject: Coastal fisheries laws, blue or stone crabs, crab pots, clam mariculture, Natural Resources, Fish and Game
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19970604 Act No. A44 ------ 19970521 Signed by Governor ------ 19970515 Ratified R67 Senate 19970513 Concurred in House amendment, enrolled for ratification House 19970508 Read third time, returned to Senate with amendment House 19970507 Amended, read second time House 19970506 Recalled from Committee 20 HANR House 19970501 Introduced, read first time, 20 HANR referred to Committee Senate 19970430 Read third time, sent to House Senate 19970429 Read second time, unanimous consent for third reading on Wednesday, 19970430 Senate 19970429 Committee amendment adopted Senate 19970424 Committee report: Favorable with 07 SFGF amendment Senate 19970305 Introduced, read first time, 07 SFGF referred to CommitteeView additional legislative information at the LPITS web site.
(A44, R67, S479)
AN ACT TO AMEND SECTION 50-17-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE COASTAL FISHERIES LAWS, SO AS TO REVISE CERTAIN DEFINITIONS; SECTION 50-17-110, AS AMENDED, RELATING TO LICENSE REQUIREMENTS OF CAPTAINS OR MASTERS OF TRAWLING VESSELS, SO AS TO PROVIDE THAT THE LICENSE IS VALID ONLY FOR THE SALE OF SEAFOOD PRODUCTS CAUGHT BY LAWFUL TRAWLING; SECTION 50-17-170, AS AMENDED, RELATING TO APPLICATIONS FOR SHRIMP OR CRAB BOAT LICENSES, SO AS TO FURTHER PROVIDE FOR THE RESIDENCE REQUIREMENTS IN REGARD TO SUCH LICENSES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS; SECTION 50-17-180, AS AMENDED, RELATING TO WHOLESALE AND RETAIL SEAFOOD DEALER'S LICENSES, SO AS TO REQUIRE NONRESIDENT FISHERMEN TO HAVE AN ADDITIONAL LICENSE FROM THE DEPARTMENT UNDER CERTAIN CONDITIONS, PROVIDE FOR THE MANNER IN WHICH CERTAIN LICENSES MAY BE USED, AND REQUIRE SALES AGENTS AT TEMPORARY LOCATIONS TO HAVE A COPY OF THE WHOLESALE DEALER'S LICENSE IN THEIR POSSESSION; SECTION 50-17-210, AS AMENDED, RELATING TO LICENSES FOR POWERBOATS AND BARGES, SO AS TO PROVIDE THAT ANY RESIDENT OR NONRESIDENT BEFORE USING CRAB POTS FOR COMMERCIAL PURPOSES MUST ACQUIRE A LICENSE FROM THE DEPARTMENT FOR SUCH POTS, AND TO PROVIDE FOR THE FEES AND CONDITIONS OF USE FOR THESE LICENSES, AND TO PROVIDE THAT CRAB POTS FOR PERSONAL USE ARE NOT REQUIRED TO HAVE THE PERSON'S NAME ATTACHED TO THE FLOAT; SECTION 50-17-250, AS AMENDED, RELATING TO THE TREATMENT OF NONRESIDENTS IN THE SAME MANNER SOUTH CAROLINA RESIDENTS ARE TREATED IN THE NONRESIDENT'S STATE, SO AS TO REVISE THE LICENSE FEES WHICH SUCH NONRESIDENTS MUST PAY; SECTION 50-17-716, AS AMENDED, RELATING TO CRAB POTS AND CRAB POT FLOATS, SO AS TO REVISE THE MANNER IN WHICH SUCH CRAB POTS INCLUDING THOSE USED FOR COMMERCIAL PURPOSES AND FLOATS MUST BE CONSTRUCTED AND IDENTIFIED; TO ADD SECTION 50-17-718, SO AS TO REQUIRE AUTHORIZATION TO USE ANOTHER PERSON'S CRAB POTS TO BE IN THE POSSESSION OF THE PERSON USING THEM IF NOT THE OWNER, TO PROVIDE THAT NONRESIDENTS MAY NOT USE CRAB POT LICENSES AT THE RESIDENT FEE, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-17-720, AS AMENDED, RELATING TO THE MINIMUM SIZE OF BLUE CRABS WHICH MAY BE CAUGHT OR POSSESSED, SO AS TO REVISE CERTAIN EXCEPTIONS TO THIS PROVISION AND TO AUTHORIZE THE DEPARTMENT TO ISSUE TO A PERSON ENGAGED IN CLAM MARICULTURE A PERMIT FOR THE CAPTURE AND TEMPORARY POSSESSION AND TRANSPORT OF BLUE CRABS OR STONE CRABS; TO ADD SECTION 50-17-722 SO AS TO PROVIDE FOR THE CIRCUMSTANCES AND TIMES WHEN IT IS LAWFUL TO SET, FISH, AND LOCATE CRAB POTS AND POSSESS CRABS, AND TO TRANSPORT CRABS OR PARTS OR PRODUCTS THEREOF; TO AMEND SECTION 50-17-770, AS AMENDED, RELATING TO REGISTRATION NUMBERS ON LICENSED CRAB TRAWLERS, SO AS TO REQUIRE VESSELS USED IN FISHING FOR BLUE CRABS WITH TRAPS OR TRANSPORTING BLUE CRABS HARVESTED FOR COMMERCIAL PURPOSES TO DISPLAY CERTAIN IDENTIFICATION NUMBERS; SECTION 50-17-1120, AS AMENDED, RELATING TO THE POINT SYSTEM ESTABLISHED FOR VIOLATION OF THE COASTAL FISHERIES LAWS, SO AS TO MAKE THE USING OF A FALSIFIED APPLICATION OR DOCUMENTATION IN CONNECTION WITH A RESIDENT LICENSE AN EIGHTEEN POINT VIOLATION; SECTION 50-20-20, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO REVISE CERTAIN DEFINITIONS; AND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STAMP REQUIREMENT UNDER THE SOUTH CAROLINA RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO MAKE TECHNICAL CORRECTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-17-15 of the 1976 Code, as last amended by Section 1265 of Act 181 of 1993, is further amended to read:
"Section 50-17-15. As used in this chapter:
(1) 'Bottoms' means all of the tidelands of the State covered by water when at the stage of ordinary high tide.
(2) 'Commercial purposes' means being engaged in the commercial fisheries industry with the intent to derive a livelihood or a substantial portion of livelihood from the industry.
(3) 'Conservation of fisheries' means management, regulation, data collection and analysis, permitting, public interactions, enhancement and protection of fisheries stocks and habitat, law enforcement, and research.
(4) 'Crustacean' means crabs, shrimp, crayfish, stone crabs, and any other mobile fish having a shell.
(5) 'Fish' means finfish, shellfish, crustaceans, turtles, and terrapin.
(6) 'Fishing' and 'fisheries' mean all operations involved in attempting to take or catch fish or taking or catching fish and in preparing them or transporting them to market.
(7) 'State resident' has the same meaning as provided in Section 50-9-30.
(8) 'Shellfish' means oysters, clams, mussels, escallops, and all immobile fish having shells.
(9) 'Mariculture' means the controlled cultivation in confinement of marine and estuarine organisms."
Validity of licenses
SECTION 2. Section 50-17-110 of the 1976 Code, as last amended by Section 1265 of Act 181 of 1993, is further amended to read:
"Section 50-17-110. An annual license for the year beginning July first is required of each person registered as captain or master of a trawling vessel under the provisions of Section 50-17-150. The fee for the license is twenty dollars. This license is valid only for the sale of seafood products caught by lawful trawling."
Residence requirements, penalties
SECTION 3. (1) Section 50-17-170 of the 1976 Code, as last amended by Section 1265 of Act 181 of 1993, is further amended to read:
"Section 50-17-170. (A) To be licensed as a resident, an applicant for a land and sell license, a trawl vessel license, or a crab trap (pot) license shall present a statement from the South Carolina Department of Revenue indicating the applicant filed a South Carolina income tax form as a resident for the previous calendar year. The applicant also shall present an additional form of personal identification acceptable to the department. Any person under the age of seventeen is exempt from the requirement of this subsection.
(B) Any person who did not file a state personal income tax form for the previous calendar year must show documentation acceptable to the department proving that he was a resident for six consecutive months immediately prior to the date of filing an application.
(C) It is unlawful to possess a currently valid South Carolina resident fishing license authorized under this chapter and any currently valid resident fishing license of another state.
(D) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars or imprisoned for thirty days."
(2) The requirement of proof of filing of a resident income tax form as required by Section 50-17-170 of the 1976 Code shall apply to all commercial fishing licenses issued one year or more after the effective date of this act.
Additional license for nonresidents
SECTION 4. Section 50-17-180 of the 1976 Code, as last amended by Section 1265 of Act 181 of 1993, is further amended to read:
"Section 50-17-180. (A) For purposes of this article:
(1) Primary wholesale seafood dealer is a person who buys or receives fresh or frozen saltwater fishery products taken or landed in this State from fishermen or harvesters and sells, transfers, packs, holds, stores, ships, or consigns the products to other wholesalers or retailers but does not sell exclusively to consumers.
(2) A retail seafood dealer is a person who sells fresh or frozen saltwater fishery products directly to the consumer, not for resale.
(3) Saltwater fishery products means molluscan shellfish, crustaceans, finfish, and any other marine, estuarine, or anadromous species.
(B) A qualified person who meets the license and other requirements of this article and other applicable statutes and regulations may operate as both a wholesale and retail seafood dealer.
(C) A person, before engaging in business or operating as a primary wholesale seafood dealer, shall obtain a license from the department upon payment of a fee of fifty dollars. Any resident fisherman who sells his catch to a person required to have a primary wholesale dealer license under this section shall obtain an annual land and sell license from the department, the fee for which is twenty-five dollars. Any nonresident fisherman who sells his catch to a person required to have a primary wholesale dealer license under this section shall obtain an annual land and sell license from the department, the fee for which is three hundred dollars. The license is not required of persons licensed under Section 50-17-110 who sell their trawl-caught catch exclusively to a primary wholesale seafood dealer. Any person who takes saltwater fishery products and sells his catch shall sell the catch only to a licensed wholesale seafood dealer or must be a licensed wholesale seafood dealer himself. A wholesale seafood dealer license may not be substituted for a land and sell license for the purpose of selling saltwater fishery products. All saltwater fishery products to be used for commercial purposes caught or taken in state waters and landed in this State or landed by a fishing vessel of any type regardless of where taken must be delivered to a primary wholesale seafood dealer licensed under this section, either for direct sale or for handling, packing, processing, or shipping. It is unlawful for a person required to have a primary wholesale seafood dealer license to purchase or receive saltwater fishery products landed in this State from any fisherman not licensed under Section 50-17-110, or licensed under this section. The provisions of this section do not apply to properly licensed persons engaged only in the taking or sale of live bait.
(D) All primary wholesale seafood dealers licensed under this section shall have a permanent, nonmobile establishment or packing house with facilities for the proper handling, storage, and sanitation of seafood products. A separate primary wholesale dealer's license is required for each establishment or business owned or operated by a person. An agent employed by a primary wholesale dealer and vending at a temporary location shall have a copy of the wholesale dealer's license in his immediate possession.
(E) Roadside vendors, transient dealers, or peddlers operating from mobile vehicles, roadside stands, or other temporary locations who sell or offer for sale saltwater fishery products are retail dealers, who shall receive or purchase the products only from licensed primary wholesale dealers or other retailers, and shall comply with the retail license and tax requirements provided under Title 12, Chapter 35.
(F) Any person driving or operating a vehicle transporting a shipment or load of fresh or frozen saltwater fishery products and any person selling or offering for sale the products shall have in possession dated bills of lading, invoices, receipts, bills of sale, or similar documents showing the quantity of each species or type of seafood transported or sold and the name and address of the licensed wholesale seafood dealer or harvester from whom the products were purchased or received. The proof is not required of a commercial fisherman transporting his catch to a licensed primary wholesale seafood dealer, but he shall have in his possession all licenses, permits, and tags required by law for the harvest, transporting, and sale of saltwater fishery products.
(G) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days. In addition, any catch, load, or shipment of saltwater fishery products in possession or being transported by any person violating the provisions of this section may be seized and sold, with the proceeds held pending the final disposition of the case."
SECTION 5. Section 50-17-210 of the 1976 Code, as last amended by Section 1265 of Act 181 of 1993, is further amended to read:
"Section 50-17-210. Any powerboat or self-propelled barge or lighter used for commercial fishing or using or transporting commercial fishing equipment not provided for in Section 50-17-150 shall obtain from the department an annual license for:
(1) boats or vessels, up to but not over eighteen feet in length, in the amount of twenty dollars;
(2) boats or vessels, over eighteen feet in length, in the amount of twenty-five dollars.
License plates issued under this section must be displayed in such a manner as to be visible from both sides of the boat. Any boat license required by this section must be issued in the name of the owner of the vessel who shall apply in person and specify the type and quantities of fishing gear to be used, the name of the captain or operator, and such other information as the department may require.
In addition to the boat license, a license fee of ten dollars is required for each type of fishing equipment or gear specified on the license application. For gill nets, haul seines, trammel nets, and fish seines a ten-dollar license fee is required for each one hundred yards of net or fraction thereof. Each individual net is required to be licensed regardless of length.
A resident before using crab traps (pots) for commercial purposes shall acquire from the department a license at a cost of twenty-five dollars for the first fifty traps (pots) and an additional cost of one dollar for each additional trap (pot). A nonresident, before using crab traps (pots) for commercial purposes, shall acquire from the department a license at a cost of three hundred dollars for the first fifty traps (pots) and an additional cost of ten dollars for each additional trap (pot). A person licensed to use crab traps (pots) may increase the number of traps (pots) by paying the appropriate additional fee. The license must be amended or replaced accordingly. It is unlawful for a person to either apply for or hold more than one crab trap (pot) license.
Commercial fishing equipment means any type of net, seine, trap, pot, tongs, dredge, trotline, rake, or other device used to take fish, except for hook and line, bait minnow traps, drop nets, dip nets, or equipment specifically exempt from the license requirements of this section by other provisions of law. Any person may set not more than two crab pots for his personal use without obtaining a license under this section."
Nonresident license fee revised
SECTION 6. Section 50-17-250 of the 1976 Code, as last amended by Section 1265 of Act 181 of 1993, is further amended to read:
"Section 50-17-250. The department may deny issuance of any license or permits for commercial fishing equipment or activities to residents of any coastal state which denies the same privileges to South Carolina residents. The department may limit the type of fishing equipment used, seasons, and areas where nonresidents may fish in accordance with comparable limitations placed upon South Carolina fishermen by the nonresident's state."
Construction and identification of crab pots and floats
SECTION 7. (1) Section 50-17-716 of the 1976 Code, as last amended by Section 1265 of Act 181 of 1993, is further amended to read:
"Section 50-17-716. (A) During the period June 1 through March 14, all crab traps (pots) used for commercial purposes must have at least two unobstructed, circular escape vents (rings) which must be two and three-eighths inches or greater in inside diameter. One vent (ring) must be on a vertical surface in the upper chamber within two inches of the base of the horizontal partition, and the other vent (ring) must be on a vertical surface within two inches of the base of the trap. Crab traps constructed of a single chamber must have at least one two and three-eighths inch or larger inside diameter escape vent (ring) located on a vertical surface within two inches of the base of the trap. Traps (pots) constructed of one-inch mesh wire and baited only with live male blue crabs are peeler traps and are exempt year round.
(B) A float or buoy attached to a crab pot or crab trap set in the waters of this State must be made of solid, buoyant material as described by this section which does not sink upon being punctured or cracked. The floats must be constructed of plastic, PVC Spongex, plastic foam, or cork. No hollow buoys or floats including plastic, metal, or glass bottles or jugs may be used.
A primary float attached to a crab pot must be at least ten inches in length if rectangular, cylindrical, or conical in shape and at least five inches in diameter or width. Round or spherical primary buoys or floats must be at least six inches in diameter.
Buoy lines for crab traps (pots) must be made of nonfloating material.
(C) Floats on traps (pots) used for recreational purposes must be yellow in color and must have the owner's name in a contrasting color.
(D) A person licensed to fish crab pots under Section 50-17-210 must be assigned an identification number by the department. The assigned identification number must be burned or branded on each crab pot float in numerals at least two inches in height and must be clearly legible at all times. At the option of the licensee, the buoy identification number assigned to him may be affixed to his crab pot for identification purposes. It is unlawful for a person to mark crab pots, floats, or buoys with a number other than that assigned by the department under this section. Identification numbers on crab trap (pot) floats and float (buoy) color must match the identification number and color(s) specified in Section 50-17-770. The identification number on the float must be unobstructed and visible when the float is at rest in the water. The department may approve and require crab fishermen to register their color choices.
(E) A person violating the provisions of this section, upon conviction, must be punished as provided in Section 50-17-100. In addition, a crab trap found without the identification required by law must be seized and disposed of as determined by the department."
(2) The amendments to Section 50-17-716 of the 1976 Code, as contained herein, take effect one hundred eighty days after the effective date of this act.
SECTION 8. The 1976 Code is amended by adding:
"Section 50-17-718. (A) A person using crab traps (pots) licensed by another person must have in his possession a legibly written, signed statement from the owner that he may use the pots. The statement must specify fishing dates and information for immediately contacting the owner. A person violating this subsection is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for ten days.
(B) Nonresidents may not use traps (pots) licensed at the resident fee. A person violating this subsection is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars or imprisoned for thirty days."
Blue crab exceptions; clam mariculture permit
SECTION 9. Section 50-17-720 of the 1976 Code, as last amended by Section 1265 of Act 181 of 1993, is further amended to read:
"Section 50-17-720. (A) It is unlawful for any person to catch, destroy, confine, hold, or have in his possession, whether for individual use or for market, any crab of the genus Callinectes sapidus (blue crab), or allied species, of a smaller size than five inches measured from tip of one lateral spine across the back of the shell to the tip of the opposite lateral spine. When a person who holds a wholesale dealer's license purchases crabs away from his place of business, he is not guilty of violating this section by transporting the crabs to his place of business nor until he has had a reasonable opportunity to examine the crabs. The provisions of this section, subject to the provisions of Section 50-17-730, do not apply to crabs in floats or tanks in the process of shedding into soft shell crabs, and any person having a valid permit or identification card, as provided in Section 50-17-730, may catch, have in possession, or offer for sale the crabs for the purpose of placing them in floats or tanks to shed into soft shell crabs.
(B) The department may issue to a person engaged in clam mariculture a permit for the capture, temporary possession, and transport of blue crabs or stone crabs of any size, and the person shall have the permit in his immediate possession. The permittee shall return all captured stone crabs and sublegal blue crabs to water of comparable salinity, and crabs must be released alive. If the permittee is fishing more than two pots, he may retain legal size blue crabs and stone crab claws only if he possesses the appropriate crab licenses.
(C) Enforcement officers may inspect for violations of laws contained in this title pertaining to blue crabs only prior to the processing of the crabs."
Use and location of crab pots; possession and transportation of crabs
SECTION 10. The 1976 Code is amended by adding:
"Section 50-17-722. (A) No trap may be set so as to obstruct any creek or other navigable water course, access point, or mooring point. Any trap determined by the department to be a hazard to navigation may be removed by the department and disposed of as provided in this chapter.
(B) It is unlawful to fish crab traps (pots) at night, or to transport for each boat more than twenty-four crabs or parts or products thereof aboard vessels at night, except as otherwise allowed by this section. Night as used in this section means:
(1) during the period April 1 through September 15: nine p.m. to five a.m. the following day, local time, and
(2) during the period September 16 through March 31: seven p.m. to six a.m. the following day, local time.
A person violating this subsection is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars or imprisoned for thirty days.
(C) Trawlers may possess live crabs at night if taken during lawful trawling activity. However, no vessel rigged for trawling may be used to fish crab traps (pots).
(D) No crab trap or pot may be placed in a stream, creek, or river within one hundred yards of a public boat ramp or launching area.
(E) No crab pot or trap may be set so that any portion of the pot is left dry at low water.
(F) No crab pot or trap may be abandoned, or left unattended, in coastal waters for more than five days. The finding of any crab pot or trap with dead or decomposing crabs, or the finding of excessive marine growth on the trap, line, or buoy is sufficient grounds for confiscation.
(G) The department may inspect traps for compliance with this section at any time. If the department finds any trap set in violation of this section or if the trap contains dead catch, the trap is contraband and must be seized and disposed of as described in Section 50-17-650."
Display of identification numbers
SECTION 11. (1) Section 50-17-770 of the 1976 Code, as last amended by Section 1265 of Act 181 of 1993, is further amended to read:
"Section 50-17-770. (A) Every boat licensed by the department to trawl for crabs in this State, at the time of the issuance of such license must be assigned by the department a number under which the boat must be registered and operated. The number assigned to the boat must be of distinctive numerals of a size and shape as may be furnished by the department and must be so displayed as to be clearly visible from either side of the vessel.
(B) Any vessel used in fishing for blue crabs with traps (pots), or transporting live blue crabs harvested for commercial purposes must have crab trap (pot) identification numbers permanently and conspicuously displayed on the outside of the hull on both the port and starboard sides of the vessel near amidship. Individual letters and numerals must be no less than eight inches high and six inches wide and of a color contrasting the hull. An unobstructed circle no less than eight inches in diameter, outlined in a contrasting color must be displayed next to the trap (pot) identification number. The circle must consist of any one or two colors other than black or yellow. If two colors are used, each color must cover one-half of the circle. Colors must be of such hue and brilliancy as to be easily distinguished and seen."
(2) The amendments to Section 50-17-770 of the 1976 Code, as contained herein, take effect ninety days after the effective date of this act.
Falsified application or documentation
SECTION 12. Section 50-17-1120(A) of the 1976 Code, as last amended by Act 387 of 1994, is further amended by adding an appropriately numbered item to read:
"( ) applying for or obtaining any resident license as provided in this chapter using a falsified application or supporting documentation or simultaneously possessing any currently valid South Carolina resident license as provided in this chapter and the same from another state: 18;"
SECTION 13. Section 50-20-20 of the 1976 Code, as last amended by Section 1268 of Act 181 of 1993, is further amended to read:
"Section 50-20-20. As used in this chapter, unless the context otherwise requires:
(1) 'Charter fishing vessel' means a vessel used to transport marine recreational fishermen for hire and includes charter, party, and head boats.
(2) '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.
(3) 'Marine fish' includes all species of fish, oysters, and clams in South Carolina's tidal waters.
(4) 'Public fishing pier' refers to piers open to the public and which charge a fee to fish.
(5) 'Recreational fishermen' includes persons engaging or intending to engage in fishing for recreation only.
(6) 'Tidal waters' means all waters of the rivers and their tributaries, streams, and estuaries lying seaward of the freshwater/saltwater dividing line and all impoundments seaward of the freshwater/saltwater dividing line which are intermittently filled or drained by the action of the tide."
SECTION 14. Section 50-20-60 of the 1976 Code, as last amended by Act 372 of 1996, is further amended to read:
"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; and
(4) persons exempted under Article 7, Chapter 9 of Title 50."
SECTION 15. This act takes effect upon approval by the Governor.
Approved the 21st day of May, 1997.