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COMMITTEE REPORT
April 5, 2000
H. 4748
S. Printed 4/5/00--H. [SEC 4/6/00 4:08 PM]
Read the first time March 8, 2000.
To whom was referred a Bill (H. 4748), to amend Section 50-3-730, as amended, Code of Laws of South Carolina, 1976, relating to the Wildlife Endowment Fund, so as to delete specific statutory references to the source of funds, 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, Section 50-20-30(D), as contained in SECTION 5, page 5, line 13, by striking subsection (D) and inserting:
/ (D) The stamp license and permit must be available for inspection at all times. /
Amend the bill further, as and if amended, Section 50-20-70, as contained in SECTION 8, page 6, line 14, by striking Section 50-20-70 and inserting:
/ Section 50-20-70. If a coastal state which has or establishes a marine recreational fisheries stamp, license, or permit recognizes through statute, regulation, or reciprocal agreement the validity of a South Carolina marine recreational fisheries stamp or permit license within its boundaries, South Carolina recognizes must recognize the validity of a marine recreational fisheries corresponding stamp, license, or permit held by residents of that state. /
Renumber sections to conform.
Amend totals and title to conform.
CHARLES R. SHARPE, for Committee.
TO AMEND SECTION 50-3-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WILDLIFE ENDOWMENT FUND, SO AS TO DELETE SPECIFIC STATUTORY REFERENCES TO THE SOURCE OF FUNDS; TO AMEND SECTION 50-3-790, AS AMENDED, RELATING TO INCREASES IN EXISTING LIFETIME LICENSE FEES, SO AS TO PROVIDE THAT THE PERCENTAGE OF INCREASE FOR ANNUAL LICENSES MAY BE APPLIED TO EXISTING LIFETIME LICENSE FEES; TO AMEND SECTION 50-9-550, AS AMENDED, RELATING TO FRESHWATER FISHING PERMITS, SO AS TO PROVIDE THAT A RESIDENT MAY PURCHASE A SPECIAL PERMIT TO FISH WITH NONMANUFACTURED TACKLE OR NATURAL BAIT IN LIEU OF AN ANNUAL FISHING LICENSE; TO AMEND SECTION 50-11-20, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO CHANGE A REFERENCE; TO AMEND SECTION 50-20-30, AS AMENDED, RELATING TO STAMPS AND PERMITS REQUIRED FOR SALTWATER FISHING SO AS TO DELETE PROVISIONS FOR THE MARINE RECREATIONAL FISHING STAMP AND PROVIDE FOR A PERMIT FOR FISHING IN SALT WATERS; TO AMEND SECTION 50-20-50, AS AMENDED, RELATING TO THE SALE OF STAMPS AND PERMITS, SO AS TO STRIKE "STAMP" AND INSERT "LICENSE"; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM STAMP REQUIREMENTS SO AS TO PROVIDE FOR EXCEPTIONS FROM LICENSE REQUIREMENTS; TO AMEND SECTION 50-20-70, AS AMENDED, RELATING TO RECIPROCAL RECOGNITION OF RECREATIONAL FISHING LICENSES OF OTHER COASTAL STATES, SO AS TO DELETE LANGUAGE RELATING TO STAMPS; TO AMEND SECTION 50-20-80, AS AMENDED, RELATING TO SALE OF COMMEMORATIVE STAMPS, SO AS TO DELETE CERTAIN OBSOLETE LANGUAGE; TO AMEND SECTION 50-20-100, AS AMENDED, RELATING TO SPECIAL ACCOUNTS FOR FUNDS FROM THE SALE OF STAMPS, PERMITS, AND PRINTS, SO AS TO INCLUDE THE SALE OF LICENSES; AND TO AMEND SECTION 50-20-110, AS AMENDED, RELATING TO THE MARINE RECREATIONAL FISHERIES ADVISORY BOARD SO AS TO INCLUDE LICENSES WITHIN THE SOURCE OF FUNDS FROM WHICH THE BOARD'S EXPENSES ARE PAID.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-3-730(2) and (3) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(2) the proceeds from the sale of lifetime combination licenses issued in accordance with Section 50-9-11;
(3) the proceeds from the sale of lifetime hunting and lifetime fishing licenses in accordance with Sections 50-9-120(3) and 50-9-455;"
SECTION 2. Section 50-3-790 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-3-790. In the event the annual combination as provided in Section 50-9-10, license, the annual hunt as provided in Section 50-9-120(1), hunting license, or the annual fish fishing license as provided in Section 50-9-450 fee increases, the percentage of increase for each annual license shall may be applied to the existing lifetime license fees and each lifetime license fee shall may be increased accordingly, rounding the fee to the next highest dollar."
SECTION 3. Section 50-9-550 of the 1976 Code, as last amended by Act 372 of 1996, is further amended to read:
"Section 50-9-550. In lieu of obtaining a regular annual statewide resident fishing license, a resident of the State may purchase a special reservoir, lakes, and streams freshwater permit to fish with nonmanufactured tackle or natural bait in the waters described in this section. It is unlawful for any resident of the State to fish in any of the waters of this State described in this section with nonmanufactured tackle or natural bait unless he has first obtained a special "reservoirs, lakes, and streams freshwater permit" either the required fishing license or the required permit. No person licensed under the provisions of Sections Section 50-9-510(3), 50-9-510(4), or 50-9-540(A) is required to purchase a permit.
The permits must be obtained from the department at a fee of three dollars. One dollar of the fee must be retained by the agent issuing the permit, and the remaining portion of the proceeds of the sale of the permit must be remitted to the department and held in a separate fund for use in the protection and propagation of game and other fish within the waters described in this section in the counties adjacent to them. The provisions of this section apply to the following bodies of water within this State:
(1) the waters or backwaters of the Catawba and Wateree rivers within Chester, Fairfield, Kershaw, and Lancaster counties, except waters lying more than one hundred yards south of the Wateree Dam in Kershaw County;
(2) Lake Marion;
(3) Lake Moultrie, the Diversion Canal, and the Tail Canal;
(4) Lake Murray;
(5) all of the waters of the Savannah River between the Stevens Creek Dam and the highway bridge between Calhoun Falls, South Carolina, and Elberton, Georgia, including the waters impounded between Stevens Creek Dam and Clark Hill Dam;
(6) Keowee-Toxaway Lake in Oconee and Pickens counties;
(7) Lake Jocassee;
(8) Lake Greenwood;
(9) Hartwell Reservoir;
(10) Lake Richard B. Russell;
(11) Lake Wiley;
(12) the Parr Hydroelectric Project Fish and Game Management Area:
(a) Parr Reservoir;
(b) Monticello Reservoir;
(c) Monticello Reservoir Sub-Impoundment;
(13) Lake Ashwood in Lee County.
The provisions of this section do not affect in any way any reciprocal agreement with the State of Georgia as to recognition of residents' fishing licenses or permits. Any person exempt from licensing requirements under Article 7 of this chapter is exempt from the requirement to purchase a permit as provided in this section.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than fifty dollars nor more than two hundred dollars or by imprisonment for not more than thirty days."
SECTION 4. Section 50-11-20(C) of the 1976 Code, is amended to read:
"(C) The committee is responsible for the creation of the annual migratory waterfowl stamp provided in Section 50-9-155 50-9-530, shall provide the design to the department, and shall recommend regulations to the department for the creation of migratory waterfowl stamp prints, their administration, sale, and distribution, and other matters relating to the stamps and their prints. If the committee sells any of the stamps, it shall purchase them from the department for five dollars and fifty cents a stamp, all of which is retained by the department. Funds derived from the sale of prints and related artwork must be expended as follows:
(1) The portion of the funds necessary to make up fifty percent of the total funds derived from the sale of the migratory waterfowl stamps and the migratory waterfowl stamp prints must be transferred by the committee to the department to be used for its specified projects.
(2) Except for the amount necessary for the committee to administer and promote the sale of any prints, stamps, or related articles, the remainder of the funds derived from the sale of the prints and related articles must be disbursed to an appropriate nonprofit organization as determined by the board for the development of waterfowl propagation projects within Canada. The projects must specifically provide waterfowl for the Atlantic Flyway and must demonstrate evidence that the projects are acceptable to the appropriate governmental agencies having jurisdiction over the project areas.
(3) The committee shall have an annual audit of its finances conducted by the State Auditor and shall furnish a copy to the board."
SECTION 5. Section 50-20-30 of the 1976 Code, is further amended to read:
"Section 50-20-30. (A) Except as otherwise provided, no person sixteen years of age or older may engage in fishing for recreation in South Carolina's tidal South Carolina salt waters without a marine recreational fishing stamp license issued pursuant to this chapter, except as provided in Section 50-17-660 and this chapter.
(B) The stamp license must be validated by the signature of the licensee across the face of the stamp.
(C) No vessel may transport marine recreational fishermen for a fee without a charter fishing permit. No person may charge a fee to the public to fish from a pier without obtaining a marine public fishing pier permit.
(D) The stamp and permit license must be available for inspection at all times."
SECTION 6. Section 50-20-50 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-20-50. The following stamps licenses and permits must be made available throughout the State by the department or its authorized agents for issuance or sale and are issued for the time provided in Section 50-9-20:
(1) marine recreational fishing stamp license for residents and nonresidents. The annual fee for the issuance of the stamp license is five dollars and fifty cents. Fifty cents may be retained by the issuing agent, and the balance must be paid to the department;
(2) public fishing pier permit. The annual fee for the issuance of the permit is three hundred fifty dollars;
(3) charter vessel permit. The annual fee for the issuance of the permit is one hundred fifty dollars for vessels licensed to carry six or fewer passengers, two hundred fifty dollars for vessels licensed to carry seven to forty-nine passengers, and three hundred fifty dollars for vessels licensed to carry more than forty-nine passengers. However, the annual fee for the issuance of the permit is forty dollars if the vessel carries only the passengers who hire the vessel."
SECTION 7. Section 50-20-60 of the 1976 Code, as last amended by Act 44 of 1997, is further amended to read:
"Section 50-20-60. The following are exempt from purchasing the stamp license:
(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."
SECTION 8. Section 50-20-70 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-20-70. If a coastal state which has or establishes a marine recreational fisheries stamp, license, or permit recognizes through statute, regulation, or reciprocal agreement the validity of a South Carolina marine recreational fisheries stamp or permit within its boundaries, South Carolina recognizes must recognize the validity of a marine recreational fisheries corresponding stamp, license, or permit held by residents of that state."
SECTION 9. Section 50-20-80 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-20-80. The department may produce additional stamps as commemorative or collector's collectors items which must be sold for not less than five dollars and fifty cents. The proceeds must be retained by the department."
SECTION 10. Section 50-20-100 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-20-100. (A) Monies from the sale of the stamps, permits, licenses, prints, and related articles must be paid into a special account separate from the general fund. Monies in the account are carried forward each year and may be used to match available federal funds. They may be used only for the following programs which directly benefit marine recreational fishing:
(1) development of marine recreational fishing facilities;
(2) scientific research relating to management of marine recreational fisheries;
(3) protection, maintenance, or enhancement of marine habitat important to the continued production of fish stocks and their food sources of significance to marine recreational fishing;
(4) administrative and coastal enforcement activities for the issuance of licenses, stamps, and permits and development of prints and related articles;
(5) enforcement of the laws and fishery management regulations relating to marine recreational fisheries, including habitat protection;
(6) other programs directly benefiting marine recreational fishing recommended by the Marine Recreational Fisheries Advisory Board provided in this chapter.
(B) Funds from the special account expended for administration and coastal enforcement activities in subsection (A)(4) and (5) may not exceed twenty-five percent of monies paid into the account annually from the sale of stamps, licenses, permits, prints, and related articles.
(C) Funds from the special account must be used to publish an annual report to be made available to license, stamp, and permit holders to indicate how the previous year's funds were utilized."
SECTION 11. Section 50-20-110(C) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(C) Official expenses for board members are as provided by law for state employees on public business and must be paid from revenues from the sale of stamps, permits, licenses, prints, and related articles."
SECTION 12. This act takes effect upon approval by the Governor.
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