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Current Status Bill Number:View additional legislative information at the LPITS web site.370 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990120 Primary Sponsor:Peeler All Sponsors:Peeler, Passailaigue, Drummond Drafted Document Number:l:\council\bills\psd\7136djc99.doc Residing Body:House Current Committee:Agriculture, Natural Resources and Environmental Affairs Com 20 HANR Date of Last Amendment:19990216 Subject:Dolphin, regulation of by Natural Resources Department, permit for sargasso weed; Fish and Game History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990218 Introduced, read first time, 20 HANR referred to Committee Senate 19990217 Read third time, sent to House Senate 19990216 Read second time Senate 19990216 Committee amendment adopted Senate 19990204 Committee report: Favorable with 07 SFGF amendment Senate 19990120 Introduced, read first time, 07 SFGF referred to Committee Versions of This Bill Revised on February 4, 1999 - Word format Revised on February 16, 1999 - Word format
COMMITTEE AMENDMENT ADOPTED
February 16, 1999
S. 370
S. Printed 2/16/99--S.
Read the first time January 20, 1999.
TO AMEND CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES, BY ADDING SECTION 50-17-550, SO AS TO REGULATE AND PROVIDE RESTRICTIONS ON COMMERCIAL TAKING AND RECREATIONAL FISHING FOR DOLPHIN; BY ADDING SECTION 50-17-560, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HARVEST OR POSSESS SARGASSO WEED IN THIS STATE EXCEPT UNDER A PERMIT ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THESE SECTIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 17, Title 50 of the 1976 Code is amended by adding:
"Section 50-17-550. (A) For the purposes of this section:
(1) 'Registered vessel' means those vessels which are: (1) issued a South Carolina certificate of number; or (2) documented through the United States Government as home-ported in South Carolina; or (3) licensed to fish by South Carolina or the master or crew which holds a land and sell license or captain's license issued by South Carolina.
(2) 'Commercial fishing vessel' means any registered vessel which holds a valid federal permit to fish commercially for mackerel, snapper, grouper, shark, or swordfish.
(3) 'Recreational vessel' means any registered vessel not meeting the definition of a 'commercial fishing vessel' under this subsection and includes charter fishing vessels as defined in Section 50-20-20.
(4) 'Fishing year' for the purposes of this section is April 1 to March 31.
(B) The provisions of this section apply to any registered vessel operating in the salt waters of this State.
(C)(1) It is unlawful for any person aboard a recreational vessel to possess more than seven dolphin (Coryphaena sp.) per day, or for the master of a recreational vessel to have more than twenty-five dolphin per day on board his vessel regardless of the number of persons on board the vessel. Charter boats issued a charter vessel permit under Section 50-20-50 to carry more than forty-nine passengers may have up to fifty dolphin per day on board the charter boat.
(2) Any person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars or imprisoned for up to thirty days, or both. All dolphin must be seized and disposed of according to law. The court may order restitution to the department.
(D) It is unlawful to transfer dolphin from or to a vessel or to land dolphin taken by another vessel. Any person on board a vessel violating this subsection is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars or imprisoned for up to thirty days.
(E) It is unlawful for the master of any commercial fishing vessel as defined in this section to have aboard more than forty-five hundred pounds of dolphin. All dolphin taken commercially must be landed with the head and tail fins intact. A commercial quota of one hundred fifty thousand pounds is established for each fishing year. Once the commercial quota is reached, the department will close the fishery to any further commercial landings of dolphin until the beginning of the next fishing year. It is unlawful for the master of a commercial vessel to have dolphin aboard the vessel during a closed period. The master of any vessel who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned for up to thirty days, or both. All dolphin must be seized and disposed of according to law. The court may order restitution to the department.
(F) Any federal regulations promulgated in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Public Law 94-265, as amended) pertaining to dolphin are recognized as the law of this State and apply in state waters, and any federal regulations pertaining to trip limits, bag limits, quotas, or licensing provisions take precedence over the provisions of this section.
(G) Any other provision of the law to the contrary notwithstanding, the magistrates' courts shall have jurisdiction to try all cases made under this section and to impose the penalties set forth herein.
Section 50-17-560. (A) It is unlawful to harvest, land, or possess sargasso weed (Sargassum sp.) in this State for commercial purposes, except under a permit issued by the department for scientific, educational, or commercial display purposes.
(B) Any person on board a vessel harvesting, landing, or possessing sargasso weed (Sargassum sp.) in violation of this section, is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned not more than thirty days, and must pay restitution to the department in the amount of five thousand dollars."
SECTION 2. This act takes effect upon approval by the Governor.
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