S*0304(Rat #0008, Act #0006 of 2013)  General Bill, By Shealy, Cromer and 
Campsen
 AN ACT TO AMEND SECTION 50-13-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS REGARDING GENERAL
 RESTRICTIONS ON FRESHWATER FISHING, SO AS TO REVISE THE DEFINITION OF THE TERM
 "BAIT FISH"; TO AMEND SECTION 50-13-60, AS AMENDED, RELATING TO THE LAWFUL
 POSSESSION OF FISH, SO AS TO MAKE A TECHNICAL CHANGE TO THE PROVISION RELATING
 TO THE POSSESSION OF A GAME FISH; TO AMEND SECTIONS 50-13-200, 50-13-210,
 50-13-250, 50-13-260, AND 50-13-270, ALL AS AMENDED, RELATING TO THE
 PROTECTION OF FRESHWATER GAME FISH, SO AS TO REVISE THE AGE OF PERSONS IN A
 BOAT THAT MAY USE AN UNLIMITED NUMBER OF FISHING DEVICES, TO REVISE THE NUMBER
 OF TROUT THAT MAY BE TAKEN ON THE LOWER REACH OF THE SALUDA RIVER, TO PROVIDE
 THE LEGAL LENGTH OF SMALLMOUTH BASS THAT MAY BE TAKEN FROM CERTAIN LAKES,
 RIVERS, AND RESERVOIRS, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS
 50-13-620, 50-13-625, AND 50-13-635, ALL AS AMENDED, RELATING TO THE
 PROTECTION OF NONGAME FISH, SO AS TO FURTHER PROVIDE FOR THE COLOR OF CERTAIN
 MARKINGS, TO PROVIDE THAT A COMMERCIAL TROTLINE WHICH USES FIFTY OR FEWER
 HOOKS MUST BE MARKED AT INTERVALS OF TWENTY-FIVE HOOKS, TO REVISE THE AGE OF
 PERSONS IN A BOAT THAT MAY USE AN UNLIMITED NUMBER OF GAME FISHING DEVICES,
 AND TO REVISE THE NUMBER OF SET HOOKS A RECREATIONAL FISHERMAN MAY USE. -
 ratified title

   01/29/13  Senate Introduced and read first time (Senate Journal-page 4)
   01/29/13  Senate Referred to Committee on Fish, Game and Forestry
                     (Senate Journal-page 4)
   02/07/13  Senate Committee report: Favorable Fish, Game and
                     Forestry (Senate Journal-page 17)
   02/08/13         Scrivener's error corrected
   02/14/13  Senate Amended (Senate Journal-page 22)
   02/14/13  Senate Read second time (Senate Journal-page 22)
   02/14/13  Senate Roll call Ayes-38  Nays-0 (Senate Journal-page 22)
   02/15/13         Scrivener's error corrected
   02/19/13  Senate Read third time and sent to House
                     (Senate Journal-page 9)
   02/20/13  House  Introduced and read first time (House Journal-page 14)
   02/20/13  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 14)
   03/05/13  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs (House Journal-page 1)
   03/07/13  House  Amended (House Journal-page 26)
   03/07/13  House  Read second time (House Journal-page 26)
   03/07/13  House  Roll call Yeas-97  Nays-0 (House Journal-page 28)
   03/07/13  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 29)
   03/08/13  House  Read third time and returned to Senate with amendments
   03/13/13  Senate House amendment amended (Senate Journal-page 36)
   03/13/13  Senate Returned to House with amendments
                     (Senate Journal-page 36)
   03/20/13  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 21)
   03/20/13  House  Roll call Yeas-109  Nays-0 (House Journal-page 21)
   03/21/13         Ratified R 8
   03/22/13         Signed By Governor
   04/03/13         Effective date 03/22/13
   04/03/13         Act No. 6

(A6, R8, S304)

AN ACT TO AMEND SECTION 50-13-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS REGARDING GENERAL RESTRICTIONS ON FRESHWATER FISHING, SO AS TO REVISE THE DEFINITION OF THE TERM "BAIT FISH"; TO AMEND SECTION 50-13-60, AS AMENDED, RELATING TO THE LAWFUL POSSESSION OF FISH, SO AS TO MAKE A TECHNICAL CHANGE TO THE PROVISION RELATING TO THE POSSESSION OF A GAME FISH; TO AMEND SECTIONS 50-13-200, 50-13-210, 50-13-250, 50-13-260, AND 50-13-270, ALL AS AMENDED, RELATING TO THE PROTECTION OF FRESHWATER GAME FISH, SO AS TO REVISE THE AGE OF PERSONS IN A BOAT THAT MAY USE AN UNLIMITED NUMBER OF FISHING DEVICES, TO REVISE THE NUMBER OF TROUT THAT MAY BE TAKEN ON THE LOWER REACH OF THE SALUDA RIVER, TO PROVIDE THE LEGAL LENGTH OF SMALLMOUTH BASS THAT MAY BE TAKEN FROM CERTAIN LAKES, RIVERS, AND RESERVOIRS, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 50-13-620, 50-13-625, AND 50-13-635, ALL AS AMENDED, RELATING TO THE PROTECTION OF NONGAME FISH, SO AS TO FURTHER PROVIDE FOR THE COLOR OF CERTAIN MARKINGS, TO PROVIDE THAT A COMMERCIAL TROTLINE WHICH USES FIFTY OR FEWER HOOKS MUST BE MARKED AT INTERVALS OF TWENTY-FIVE HOOKS, TO REVISE THE AGE OF PERSONS IN A BOAT THAT MAY USE AN UNLIMITED NUMBER OF GAME FISHING DEVICES, AND TO REVISE THE NUMBER OF SET HOOKS A RECREATIONAL FISHERMAN MAY USE.

Be it enacted by the General Assembly of the State of South Carolina:

Definition revised

SECTION    1.    Section 50-13-10(B)(1) of the 1976 Code, as last amended by Act 113 of 2012, is further amended to read:

"(1)    'Bait fish' means a fish allowed to be used as bait in the freshwaters including: Asian clams (Corbicula spp.), crayfish, eels, herring, shad, and fathead minnows (Pimephales promelas), golden shiners (Notemigonus crysoleucas), and goldfish, including 'black salties' (Carassius auratus). Except for bream (other than redbreast), no other game fish is allowed to be used as bait, provided, trout are allowed to be used as bait only on Lakes Hartwell, Russell, Thurmond, Tugaloo, Yonah, Stevens Creek Reservoir, and the Savannah River."

Technical correction

SECTION    2.    Section 50-13-60(C) of the 1976 Code, as last amended by Act 113 of 2012, is further amended to read:

"(C)    Except as otherwise provided, it is unlawful to possess any game fish without head and tail fin intact and, where a length limit is imposed on any species, it is unlawful to possess that species without head and tail fin intact."

Age revised

SECTION    3.    Section 50-13-200 of the 1976 Code, as last amended by Act 113 of 2012, is further amended to read:

"Section 50-13-200.    It is unlawful to take freshwater game fish except by game fish devices. A fisherman only may use four game fishing devices. A fisherman fishing from a boat may use an unlimited number of game fishing devices if all persons in the boat sixteen years and older have valid fishing licenses."

Trout size limitation

SECTION    4.    Section 50-13-210(A)(6) of the 1976 Code, as last amended by Act 113 of 2012, is further amended to read:

"(6)    not more than five may be trout. However, on the lower reach of the Saluda River, only one trout out of the five possessed may be more than sixteen inches in total length. On Lake Jocassee not more than three trout may be taken;"

Smallmouth bass size limitation

SECTION    5.    Section 50-13-250 of the 1976 Code, as last amended by Act 113 of 2012, is further amended to read:

"Section 50-13-250.    It is unlawful to possess smallmouth bass less than twelve inches in total length, except on Lakes Hartwell, Russell (including the Lake Hartwell tail water), Thurmond, Tugaloo, Yonah, the Chattooga, and Savannah Rivers, and Steven Creek Reservoir where there is no length limit on smallmouth bass."

Technical change

SECTION    6.    Section 50-13-260(A)(5) of the 1976 Code, as last amended by Act 113 of 2012, is further amended to read:

"(5)    Eastatoe Creek from the backwaters of Lake Keowee upstream to S.C. State Highway S-39-143 (Roy Jones Road) in Pickens County."

Technical change

SECTION    7.    Section 50-13-270(B)(4) of the 1976 Code, as last amended by Act 113 of 2012, is further amended to read:

"(4)    Eastatoe Creek on Eastatoe Heritage Preserve in Pickens County."

Markings requirements revised

SECTION    8.    Section 50-13-620(A) of the 1976 Code, as last amended by Act 114 of 2012, is further amended to read:

"(A)    A trotline, trap, eel pot, gill net, and hoop net must be marked with a white floating marker not less than a capacity of one quart and not more than a capacity of one gallon and must be made of solid, buoyant material that does not sink if punctured or cracked. A floating marker must be constructed of plastic, PVC spongex, plastic foam, or cork. A hollow buoy or float, including plastic, metal, or glass bottles or jugs, must not be used, except that a manufactured buoy or float specifically designed for use with nongame fishing devices may be hollow if constructed of heavy duty plastic material and approved by the department. The owner's name and department customer identification number must be legible on each of the white floating markers. Both commercial and recreational fishermen shall comply with provisions of this title pertaining to the marking and use of a nongame fishing device. A trotline must be marked on both ends. A commercial trotline must be marked at intervals of every fifty hooks. A commercial trotline which uses fifty or fewer hooks must be marked at intervals of twenty-five hooks. A recreational trotline must be marked at intervals of every twenty-five hooks. Each interval float must be 'International Orange' in color."

Age revised

SECTION    9.    Section 50-13-625 of the 1976 Code, as last amended by Act 114 of 2012, is further amended to read:

"Section 50-13-625.    Nongame fish may be taken with any lawful game fishing device. A fisherman only may use four game fishing devices. A fisherman fishing from a boat may use an unlimited number of game fishing devices if all persons in the boat sixteen years and older have valid fishing licenses."

Number of set hooks revised

SECTION    10.    Section 50-13-635(14) of the 1976 Code, as last amended by Act 114 of 2012, is further amended to read:

"(14)    not more than fifty set hooks;"

Savings clause

SECTION    11.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Severability clause

SECTION    12.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Time effective

SECTION    13.    This act takes effect upon approval by the Governor.

Ratified the 21st day of March, 2013.

Approved the 22nd day of March, 2013.