Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 14, 1999

H.3617

Introduced by Reps. Witherspoon, Sharpe, Sandifer, Breeland, Miller, Riser, Rodgers, Campsen, Beck, Altman, Seithel, M.McLeod, Cobb-Hunter, Ott, Harrell, Inabinett and Whatley

S. Printed 4/14/99--H.

Read the first time February 25, 1999.

THE COMMITTEE ON AGRICULTURE, NATURAL

RESOURCES AND ENVIRONMENTAL AFFAIRS

To whom was referred a Bill (H.3617), to amend Chapter 5, Title 50, Code of Laws of South Carolina, 1976, as amended, relating to the Marine Resources Division, etc., respectfully

REPORT:

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, by striking Section 50515(1), page 3 lines 4 through 7 and inserting:

/Section 50515. As used in this chapter except as specified in Article 19:

(1) ‘Anadromous’ identifies fish which undertake adult migration from brackish or salt waters into freshwaters to spawn, except striped bass or rock fish and hybrid bass. /

Amend the bill, as and if amended, in Section 50525(D) of the 1976 Code as contained in SECTION 1, page 9, line 14, by striking /Marine Resources Division/; when amended Section 50525(D) shall read:

“(D) Proceeds from sales of experimental mariculture products produced by the department shall be deposited in the state general fund to the credit of the Mariculture Research and Development Fund, of the department, to further encourage and promote development of the mariculture industry of this State by supporting operational research and development projects of the division and transfer of information to the mariculture industry. Funds deposited in the Mariculture Research and Development Fund shall be carried forward annually and used for the same purpose.”

Amend the bill further , as and if amended, page 10, lines 9 through 13, by striking Section 50535(A) and inserting:

/ (A) In opening or closing any commercial fishing season pursuant to this chapter, the department shall give at least twentyfour hours notice of any action and shall use all reasonable means to inform the public./

Amend the bill further, as and if amended, in Section 50540, page 10, beginning on line 32 by striking /The department may authorize persons or organizations to develop and undertake programs to tag or mark and release saltwater fish. /; When amended Section 50540 shall read:

“Section 50540. The department shall enforce all laws for collection of revenues due the State from the fishing industries and leases of bottoms.

Proceeds from sales of experimental mariculture products produced at the James M. Waddell, Jr. Mariculture Research and Development Center shall be deposited in the State Treasury to the credit of the Mariculture Research and Development Fund, Marine Resources Division of the department, to further encourage and promote development of the mariculture industry of South Carolina by supporting operational research and development projects of the Research Center and transfer of information to the mariculture industry. Funds deposited in the Mariculture Research and Development Fund may be carried forward annually and used for the same purpose. No person may tag or mark and release saltwater fish or promote such activity unless authorized by the department. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twentyfive dollars nor more than two hundred dollars or imprisoned for not more than thirty days.”

Amend the bill, as an if amended, in Section 50545(A), on line 43 of page 10 by striking /actual or potential/ and by striking on page 11, line 1, /any living saltwater/; when amended Section 50545(A) shall read:

“(A) The department shall maintain and publish a list of any species, varieties, or strains of nonindigenous organisms known or suspected to present an adverse impact to fish or marine resources of this State. The list shall include the common and scientific name and the actual or potential adverse impact of each organism.”

Amend the bill further, as and if amended, page 12, beginning on line 37, by striking Section 50565(F) and inserting:

/(F) Each fish, dozen of crabs, bushel of oysters, onehalf bushel of clams, quart of shrimp, or pound of other saltwater fishery product, or fraction or part thereof taken, possessed, purchased, sold, or offered for sale in violation of this chapter may constitute a separate offense./

Amend the bill further, as and if amended, page 14, beginning on line 22, by striking Section 50585 and inserting:

/Section 50585. (A) The General Trawling Zone consists of the following subzones:

(1) The Northern Subzone: from the North CarolinaSouth Carolina boundary at Little River and its projection to the seawardmost territorial sea limit; to a southern boundary beginning at a point on the southern end of Cedar Island at latitude 033o 7.2’ N and longitude 079o 16.3’ W, extending seaward in a southeasterly direction (135o true) to the seawardmost territorial sea limit.

(2) The Central Subzone: from the southernmost boundary of the northern subzone extending to a line beginning at the southern tip of Edisto Island at latitude 032o 28.6’N, longitude 080o 20.2’W, extending seaward in a southeasterly direction (135 true) to the seawardmost territorial sea limit.

(3) The Southern Subzone: from the southernmost boundary of the central subzone to the South CarolinaGeorgia boundary and the seaward extension of the boundary to the seawardmost territorial sea limit.

(B) The department may prohibit or allow trawling or other commercial fishing activity in any subzone or specified area therein, in or out of season./

Amend the bill, as and if amended, in Section 505110, page 16, line 33, after /and/ by inserting /must have his/. When amended Section 505110 shall read:

“Section 505110. The department may adopt and promulgate rules and regulations for the government of the force under its control and for the control of fisheries, not contrary to or inconsistent with the laws and policy of the State, having the force and effect of law, and may provide penalties for violation thereof not to exceed forfeiture of license or privilege previously granted by the Division. It is unlawful to use poison, an explosive, or a bang stick or similar device in state waters to take marine resources. A person who violates this section by use of poison or an explosive other than a bang stick or similar device is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months. A person who violates this section by use of a bang stick or similar device is guilty of a misdemeanor and, upon conviction, must be fined not less than twentyfive dollars nor more than five hundred dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months.”

Amend the bill further, as and if amended, in Section 505120, page 17, line 15, by striking /and crew members/ and inserting /or crew members or both/. When amended Section 505120 shall read:

“Section 505120. The records and documents in the office of the department shall include:

(1) A record of leases granted for bottoms for the propagation of shellfish and the subsequent changes of ownership thereof;

(2) The particulars and amounts of all licenses and permits of every kind issued;

(3) A tabulated record of the quantity of each kind of fish taken in the waters of the State, the commercial value thereof, the amount exported and the amount consumed within the State;

(4) The number of persons engaged in the various branches of the fishing industries and their approximate earnings;

(5) Any other matter which to it may appear advisable.

The operator and crew of any watercraft operating in state waters are required to heave to when signaled or hailed, and allow boarding, and cooperate with department personnel, law enforcement officers, or U.S. Coast Guard personnel. The operator or crew members, or both, of any watercraft violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned for not more than thirty days.”

Amend the bill further, as and if amended, page 17, by striking Section 505300(A), lines 34 through 38 and inserting:

/Section 505300. (A) For the privilege of taking or landing anadromous fish, saltwater fish, or fisheries products for commercial purposes, a resident must obtain a commercial saltwater fishing license for a fee of twentyfive dollars unless specifically exempted in this article./

Amend the bill further, as and if amended, by striking Section 505310, page 18, lines 22 through 28 and inserting:

/Section 505310. (A) For the privilege of taking or landing anadromous fish, saltwater fish, or fisheries products for commercial purposes, a nonresident must obtain a nonresident commercial saltwater fishing license for a fee of three hundred dollars unless specifically exempted in this article.

(B) To act as a striker, a nonresident need not acquire a commercial saltwater fishing license./

Amend the bill further, as and if amended, in Section 505325(A)(1) as contained in SECTION 2, page 19, line 10, by striking / trawls and/ and inserting /trawls, /. When amended item (1) of subsection(A) of Section 505325 shall read:

“(1) to use a trawl or trawls, the cost is one hundred twentyfive dollars for residents and three hundred dollars for nonresidents;”

Amend the bill further, as and if amended, by striking Section 505325(C), page 20, beginning on line 5, and inserting:

/(C) No person under the age of sixteen years may operate a trawler as master./

Amend the bill further, as and if amended, beginning on line 37 of page 21, by striking Section 505340. When amended Section 505340 shall read:

“Section 505340. (A) The department may grant permits for taking, holding, and propagating fish or other marine resources excluding any marine mammals for:

(1) exploratory;

(2) experimental;

(3) scientific;

(4) educational; or

(5) commercial display purposes.

These permits may authorize activities which would otherwise be unlawful. These permits expire at the pleasure of the department, but permits granted for exploratory or experimental commercial purposes are limited to no more than two years and may not be renewed. Permits granted pursuant to this section may include conditions as to the areas, times, seasons, types of fishing equipment, species to be taken, catch reporting requirements, disposition of the catch, and other conditions the department determines necessary. No permittee may take fish or marine resources in violation of permit conditions.

(B) The department may permit marine resources collected pursuant to exploratory, experimental, or commercial display permits to be used for commercial purposes. Marine resources collected pursuant to scientific or educational permits may not be used for personal consumption, but the resource or the proceeds of its sale may be used by the department for marketing and promotional purposes. Any product in excess of department needs may be disposed of according to law. The department may condition permits to allow sale of marine resources for public display.

(C) A person who violates this section or a condition of a permit for a commercial purpose is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months.

(D) A person who violates this section or a condition of a permit for other than a commercial purpose is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.”

Amend the bill further, as and if amended, beginning on page 23, by striking Section 505360(A) and inserting:

/ (A) Except as provided in subsection (G), a person or entity who buys, receives, or handles any live or fresh saltwater fish or any saltwater fishery products taken or landed in this State and packs, processes, ships, consigns, or sells such items at other than retail, and not solely as bait must first obtain a wholesale seafood dealer license. A person who buys or receives such product solely from licensed wholesale seafood dealers is not required to obtain a wholesale seafood dealer license. The fee for a resident wholesale seafood dealer license is one hundred dollars, and the fee for a nonresident license is five hundred dollars. Each location at which products are to be packed, processed, shipped, consigned, or bought, or to be sold at wholesale must be a permanent, nonmobile establishment, and must be separately licensed. The department may require applicants to specify the activities in which the applicant intends to engage. The department may provide information provided in the application to the South Carolina Department of Agriculture and the South Carolina Department of Health and Environmental Control./

Amend the bill further, as and if amended, page 25, Section 505360 by adding a new subsection (G) to read:

“(G) A person or entity that solely produces fish or fishery products reared as offspring from brood stock in captivity, or purchases such fish or fishery products solely is not required to have a wholesale seafood dealer license.”