S*479 Session 112 (1997-1998)
S*0479(Rat #0067, Act #0044 of 1997) General Bill, By Ravenel
Similar(H 3314, H 3504)
A BILL 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
03/05/97 Senate Introduced and read first time SJ-6
03/05/97 Senate Referred to Committee on Fish, Game and Forestry SJ-6
04/24/97 Senate Committee report: Favorable with amendment Fish,
Game and Forestry SJ-15
04/29/97 Senate Amended SJ-45
04/29/97 Senate Read second time SJ-45
04/29/97 Senate Unanimous consent for third reading on next
legislative day SJ-45
04/30/97 Senate Read third time and sent to House SJ-24
05/01/97 House Introduced and read first time HJ-8
05/01/97 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-10
05/06/97 House Recalled from Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-30
05/07/97 House Amended HJ-75
05/07/97 House Read second time HJ-75
05/08/97 House Read third time and returned to Senate with
amendments HJ-17
05/13/97 Senate Concurred in House amendment and enrolled SJ-18
05/15/97 Ratified R 67
05/21/97 Signed By Governor
05/21/97 Effective date 05/21/97
06/02/97 Copies available
06/02/97 Act No. 44
(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:
Definitions revised
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."
License required
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.
Authorization required
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;"
Definitions revised
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."
Technical corrections
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."
Time effective
SECTION 15. This act takes effect upon approval by the Governor.
Approved the 21st day of May, 1997. |