Bill 788

                    Current Status

Introducing Body:               Senate
Bill Number:                    788
Ratification Number:            366
Act Number:                     326
Primary Sponsor:                Drummond
Type of Legislation:            GB
Subject:                        Spanish mackerel, cobia;
                                restrictions on
Date Bill Passed both Bodies:   Apr 01, 1992
Computer Document Number:       NO5/7217.BD
Governor's Action:              S
Date of Governor's Action:      Apr 10, 1992
Introduced Date:                Mar 19, 1991
Date of Last Amendment:         Mar 26, 1992
Last History Body:              ------
Last History Date:              Apr 10, 1992
Last History Type:              Act No. 326
Scope of Legislation:           Statewide
All Sponsors:                   Drummond
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 788   ------  Apr 10, 1992  Act No. 326
 788   ------  Apr 10, 1992  Signed by Governor
 788   ------  Apr 07, 1992  Ratified R 366
 788   Senate  Apr 01, 1992  Concurred in House amendment,
                             enrolled for ratification
 788   House   Mar 27, 1992  Read third time, returned
                             with amendment
 788   House   Mar 26, 1992  Amended, read second time,
                             unanimous consent for third
                             reading on Friday, March 27,
                             1992
 788   House   Mar 18, 1992  Committee Report: Favorable     20
                             with amendment
 788   House   Apr 17, 1991  Introduced, read first time,    20
                             referred to Committee
 788   Senate  Apr 16, 1991  Read third time, sent to House
 788   Senate  Apr 10, 1991  Read second time, notice of
                             general amendments
 788   Senate  Apr 04, 1991  Committee Report: Favorable     07
 788   Senate  Mar 19, 1991  Introduced, read first time,    07
                             referred to Committee

(A326, R366, S788)

AN ACT TO AMEND SECTION 50-17-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE TAKING OF CERTAIN FISH AND CRUSTACEANS, SO AS TO DELETE THE DETAILED PROVISIONS LISTING CERTAIN FISH SUBJECT TO FEDERAL REGULATIONS, DELETE THE PROVISION ALLOWING SPANISH MACKEREL AND COBIA TO BE LANDED WITH HEAD AND TAIL FINS REMOVED, AND REVISE THE PROVISIONS FOR THE APPLICATION OF FEDERAL REGULATIONS TO STATE WATERS.

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

Revision of restrictions on taking certain fish; application of federal regulations

SECTION 1. Section 50-17-510 of the 1976 Code is amended to read:

"Section 50-17-510. (A) It is unlawful to take, have in possession, land, or sell spiny lobster (Panilurus argus) in the State:

(1) taken or harvested April first to July twenty-fifth each year;

(2) of less than three inches carapace length or five and one-half inches tail length in the U. S. Fishery Conservation Zone in accordance with federal regulations promulgated under the Fishery Conservation and Management Act (P. L. 94-265).

(B) It is unlawful to take, catch, have in possession, land, or sell king (Scomberomorus cavalla) or spanish mackerel (Scomberomorus maculatus) during times and seasons closed to fishing for these species in the U. S. Fishery Conservation Zone under federal regulations promulgated in accordance with the Fishery Conservation and Management Act (P. L. 94-265). This section applies only to king or spanish mackerel taken by the fishing gear or equipment specified in the same regulations.

(C) It is unlawful to take, catch, have in possession, land, or sell fish of less than the minimum size limit, and in accordance with tolerance limits, established by federal regulations under authorization of the Fishery Conservation and Management Act (P. L. 94-265).

(D)(1) It is unlawful to take, catch, have in possession, land, or sell a spotted sea trout (Cynoscion nebulosus), known locally as winter trout, or flounder (Paralichthys) of less than twelve inches in total length or a red drum (Sciaenops ocellatus), known locally as channel or spot-tail bass, of less than fourteen inches in total length.

(2) It is unlawful for a person to take or have in possession more than one red drum exceeding thirty-two inches in total length in one day.

(3) Spotted sea trout or red drum of less than the minimum size limits or exceeding the catch limit in this subsection must be released immediately in the waters where caught.

(E) The species in this section must be landed with the head and tail fins intact.

(F) The regulations promulgated by the federal government regarding catch or possession limits on bluefish, cobia, Spanish mackerel, king mackerel, amberjack, all species of snapper, grouper, and porgy, and billfish, (Istiophoridae), under the Fishery Conservation and Management Act (P. L. 94-265) are declared to be the law of this State and apply in state waters. The department may adopt by regulation other fishery regulations promulgated under Public Law 94-265 which apply to federal waters adjacent to this state's waters. When adopted, these regulations apply in state waters, and a violation of these regulations is punishable as provided in this section.

(G) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 10th day of April, 1992.