Download This Version in Microsoft Word format
COMMITTEE REPORT
February 4, 1999
S. 370
S. Printed 2/4/99--S.
Read the first time January 20, 1999.
To whom was referred a Bill (S. 370), to amend Chapter 17, Title 50, Code of Laws of South Carolina, 1976, relating to coastal fisheries, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, beginning on line 33 and ending on line 34, by deleting the words / master of a crew / and inserting:
/ master or crew /.
Amend the bill further, as and if amended, page 2, line 4, by deleting the word / sale / and inserting the word / salt /.
Amend the bill further, as and if amended, page 2, line 25, by deleting the word / thousand / and inserting / hundred /.
Amend the bill further, as and if amended, page 3, line 16, by deleting the word / hundred /.
Amend the bill further, as and if amended, page 3, line 18, by deleting the word / hundred /.
Renumber sections to conform.
Amend title to conform.
HARVEY S. PEELER, JR., for Committee.
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.
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 of a crew of 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 sale 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 thousand 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 not withstanding, 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 hundred thousand dollars or imprisoned not more than thirty days, and must pay restitution to the department in the amount of five hundred thousand dollars."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on
Friday, June 26, 2009 at 3:01 P.M.