2007-2008 Bill 4548: Fish Violations - South Carolina Legislature Online

South Carolina General Assembly

117th Session, 2007-2008

A237, R278, H4548

STATUS INFORMATION

General Bill

Sponsors: Reps. Umphlett, CobbHunter, G.M.Smith, Lowe, Hutson, Jefferson, Toole, Vick, J.H.Neal, Huggins, Haley, Witherspoon, Anderson, Dantzler, Duncan, Knight, Ott, E.H.Pitts, Spires, Williams and Funderburk

Document Path: l:\council\bills\gjk\20488sd08.doc

Introduced in the House on January 23, 2008

Introduced in the Senate on February 26, 2008

Last Amended on May 7, 2008

Passed by the General Assembly on May 8, 2008

Governor's Action: May 21, 2008, Signed

Summary: Fish violations

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

1/23/2008HouseIntroduced and read first time HJ20

1/23/2008HouseReferred to Committee on Agriculture, Natural Resources and Environmental AffairsHJ20

2/20/2008HouseCommittee report: Favorable with amendment Agriculture, Natural Resources and Environmental AffairsHJ3

2/21/2008HouseMember(s) request name added as sponsor: Funderburk

2/21/2008HouseAmended HJ19

2/21/2008HouseRead second time HJ21

2/21/2008HouseUnanimous consent for third reading on next legislative day HJ21

2/22/2008HouseRead third time and sent to Senate HJ2

2/22/2008Scrivener's error corrected

2/26/2008SenateIntroduced and read first time SJ8

2/26/2008SenateReferred to Committee on Fish, Game and ForestrySJ8

4/17/2008SenateCommittee report: Favorable with amendment Fish, Game and ForestrySJ14

4/23/2008SenateCommittee Amendment Adopted SJ143

4/23/2008SenateRead second time SJ143

4/24/2008SenateAmended SJ22

4/24/2008SenateRead third time and returned to House with amendments SJ22

4/25/2008Scrivener's error corrected

4/30/2008HouseDebate adjourned on Senate amendments until Tuesday, May 6, 2008 HJ43

5/7/2008HouseSenate amendment amended HJ16

5/7/2008HouseReturned to Senate with amendments HJ16

5/8/2008SenateConcurred in House amendment and enrolled SJ13

5/15/2008Ratified R 278

5/21/2008Signed By Governor

6/2/2008Copies available

6/2/2008Effective date 05/21/08

6/4/2008Act No.237

VERSIONS OF THIS BILL

1/23/2008

2/20/2008

2/21/2008

2/22/2008

4/17/2008

4/23/2008

4/24/2008

4/25/2008

5/7/2008

(A237, R278, H4548)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50135 SO AS TO PROVIDE FOR DEFINITIONS FOR PURPOSES OF CHAPTER 13 OF TITLE 50, RELATING TO THE PROTECTION OF FISH; BY ADDING SECTION 5013221 SO AS TO PROVIDE FOR CATCH LIMITS, LENGTH LIMITS, AND OTHER REGULATIONS PERTAINING TO STRIPED BASS TAKEN IN THE LOWER SANTEE RIVER AND COOPER RIVER SYSTEMS DURING SPECIFIED PERIODS; TO AMEND SECTION 5091120, RELATING TO THE POINT SYSTEM FOR HUNTING AND FISHING VIOLATIONS, SO AS TO ADD ADDITIONAL POINTS FOR OTHER FISHING VIOLATIONS; TO AMEND SECTION 5013285, RELATING TO PENALTIES FOR EXCEEDING CERTAIN LIMITS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE PENALTIES APPLY; TO AMEND SECTION 5013236, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS TAKEN FROM LAKE MURRAY OR PORTIONS OF THE SALUDA RIVER, SO AS TO PERMIT NOT MORE THAN TWO STRIPED BASS TO BE TAKEN AND RETAINED FROM LAKE MURRAY WHICH ARE LESS THAN THE LEGAL SIZE LIMIT DURING A SPECIFIED PERIOD; TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES SHALL REVIEW THE HIGH MORTALITY RATES OF FINGERLINGS AND MAKE A REPORT TO THE CHAIRMEN OF THE SENATE FISH, GAME AND FORESTRY COMMITTEE AND THE HOUSE AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS COMMITTEE ON ITS RECOMMENDATIONS AND ACTIONS TO IMPROVE THESE RATES WITHIN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS ACT; AND TO REPEAL SECTIONS 5013220, 5013230, AND 5013235 RELATING TO STRIPED BASS CATCH AND TAKING REQUIREMENTS.

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

Definitions

SECTION1.Chapter 13, Title 50 of the 1976 Code is amended by adding:

“Section 50135.For the purposes of this chapter:

(1)‘Day’ means the period from official sunrise of one day, to official sunrise of the next day.

(2)‘Landed’ means to take and bring a fish ashore.

(3)‘Striped bass’ or ‘rockfish’ is the species Morone saxatilis. (4) The ‘Lower Santee River system’ includes all waters and tributaries seaward of the Lake Murray Dam, the Columbia Canal Diversion Dam, and the Lake Wateree Dam to the freshwater/saltwater dividing line on the North Santee River and the South Santee River.

(5)The ‘Cooper River system’ includes all waters and tributaries, including the Tailrace Canal, of the Cooper River from its point of origin seaward to the freshwater/saltwater dividing line.”

Striped bass in Lower Santee and Cooper Rivers

SECTION2.Chapter 13, Title 50 of the 1976 Code is amended by adding:

“Section 5013221.(A)In the Lower Santee River and Cooper River systems from June first to September thirtieth, it is unlawful to possess any striped bass. Any striped bass taken must be returned immediately to the waters from whence it came.

(B)In the Lower Santee River and Cooper River systems from October first through May thirtyfirst, it is unlawful to take or possess more than three striped bass per day.

(C)In the Lower Santee River and Cooper River systems from October first through May thirtyfirst, it is unlawful to take or possess a striped bass less than twentysix inches in total length.

(D)Striped bass must be landed with head and tail fin intact.

(E)The Department of Natural Resources shall make recommendations, after study, on any needed modification to the restrictions in this section before January 1, 2015.”

Points for violations

SECTION3.Section 5091120(3) of the 1976 Code is amended to read:

“(3)Fishing violations:

(a)trapping, netting, or seining game fish illegally: 10;

(b)taking or possessing more than the legal limit of striped bass: 14;

(c)taking or possessing an undersized striped bass: 14.”

Application of penalties

SECTION4.Section 5013285 of the 1976 Code is amended to read:

“Section 5013285.Unless otherwise provided, a person violating the provisions of this article, upon conviction for a first offense, must be fined not less than thirty dollars nor more than two hundred dollars or imprisoned for not more than thirty days and for a subsequent offense of any of the sections be fined not less than three hundred dollars nor more than five hundred dollars or imprisoned for not more than sixty days, or both.”

Repeal

SECTION5.Sections 5013220, 5013230, and 5013235 of the 1976 Code are repealed.

Striped bass in Lake Murray

SECTION6.Section 5013236 of the 1976 Code is amended to read:

“Section 5013236. (A) The department may establish the daily creel limits and size limits on Lake Murray and on all waters of the Saluda River lying between the Lake Greenwood Dam (Buzzard’s Roost Dam) and Lake Murray for striped bass (rockfish) and black bass by regulations promulgated and adopted in accordance with Article 1, Chapter 23 of Title 1. No creel or size limits may be set by emergency regulations. A person taking striped bass or black bass exceeding the limits set by the department is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 5013285.

(B)Notwithstanding the provisions of subsection (A), during July and August it is lawful to take and retain from Lake Murray not more than two striped bass (rockfish) per day that are less than the legal size limit.”

Report

SECTION7.The Department of Natural Resources shall review the high mortality rates of fingerlings and make a report to the chairmen of the Senate Fish, Game and Forestry Committee and the House Agriculture, Natural Resources and Environmental Affairs Committee on its recommendations and actions to improve these rates within eighteen months after the effective date of this act.

Time effective

SECTION8.This act takes effect upon approval by the Governor.

Ratified the 15th day of May, 2008.

Approved the 21st day of May, 2008.

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