South Carolina Code of Laws
(Unannotated)
Current through the end of the 2007 Regular Session
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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, and includes landlocked stocks of those fish.
(2) "Bang stick" means any device containing a charge mounted on a spear, pole, or other contrivance which is activated in order to stun or kill fish or other marine resource.
(3) "Board" means the South Carolina Board of Natural Resources.
(4) "Bottoms" are all of the lands within this State covered at mean high water from the freshwater/saltwater dividing line seaward to the seawardmost limits of the territorial sea.
(5) "Bull rake" means a rake having a basket and a width greater than twelve inches.
(6) "Bushel" means one U.S. bushel.
(7) "Cast net" means nonbaited circular webbing having a weighted peripheral line which is thrown by hand and retrieved by a central line connected to radiating tuck lines attached to the peripheral line.
(8) "Catadromous" identifies fish which undertake adult migration from freshwater into brackish or salt water to spawn.
(9) "Channel net" means any conical-shaped, fixed, or stationary net used for taking shrimp which:
(a) is attached to poles, stakes, anchors, buoys, or other fixed objects; and
(b) has a mesh size of less than two and one-half inches when the mesh is stretched; and is also known as a set net.
(10) "Charter fishing vessel" means a vessel used to transport saltwater recreational fishermen for hire and includes charter, party, and head boats.
(11) "Commercial equipment" means:
(a) any trawl, haul seine, gill net, channel net, bull rake, seed fork, grabs, escalator, or dredge; and
(b) any net, seine, trap, pot, tongs, rake, fork, trotline, or other device or appliance when used for taking or attempting to take fish for a commercial purpose.
(12) "Commercial purpose" means:
(a) being engaged in buying or selling fish;
(b) taking or attempting to take fish in order to derive income or other consideration;
(c) using commercial equipment; and
(d) otherwise being engaged in the fisheries industry with the intent to derive income.
(13) "Conservation of fisheries" means management, regulation, data collection and analysis, permitting, public interactions, enhancement and protection of fisheries stocks and habitat, law enforcement, and research.
(14) "Conviction" or "convicted" means adjudication at trial or civil hearing and includes the entry of a plea of guilty, or nolo contendere, or the forfeiture of bail or collateral deposited to secure a defendant's appearance in court.
(15) "Crustacean" means all forms of crabs, shrimp, crayfish, stone crabs, lobsters, and any other motile fish having a chitonized shell excluding snails and horseshoe crabs.
(16) "Culch" means oyster shell or other substrate which is purposely placed for propagation of oysters through the attachment of oyster larvae.
(17) "Cultured live rock" means a type of live rock which has been produced as a result of cultivation under controlled conditions, as in aquaculture operations. Live rock culture specifically entails the deposition of substrate materials for the express purpose of removing the material at a later date for use, sale, or trade as live rock.
(18) "Department" means the South Carolina Department of Natural Resources unless otherwise stated.
(19) "Dredge" means equipment used for harvesting bottom dwelling aquatic life which is not a trawl and is powered by mechanical means, and is designed to contact the bottom when in operation.
(20) "Elver" means all American eels (Anguilla rostrata) less than or equal to six inches in total length.
(21) "Fish" means finfish, shellfish including mollusks, crustaceans, horseshoe crabs, whelks (conchs), turtles, and terrapin or products thereof.
(22) "Fishing" means all activity and effort involved in taking or attempting to take fish.
(23) "Fishery and fisheries" means the interactions within and between:
(a) the populations of fish or marine resources being harvested;
(b) the populations of fishermen;
(c) the method, equipment, and effort involved in taking or attempting to take fish;
(d) the processing, transporting, offering for sale, or selling of fish or marine resources; and
(e) the natural resources supporting that interaction.
(24) "Gig" means any type device used to spear fish by hand; to take fish by hand by use of a prong, spear, or similar device and includes bow and arrow.
(25) "Gill net" means a net which is designed to hang vertically and capture fish by entanglement usually of the head, gill covers, or preopercles, and does not include gill net for taking shad unless specified.
(26) "Haul seine" means a net of twine no smaller than #9 with a stretched mesh size no smaller than two inches and no larger than two and seven-eighths inches, one end of which is anchored to the shore and the other end is moved through the water by a vessel to take fish by encircling the fish and then being mechanically drawn to the shore.
(27) "Herring" means any or all life stages of the river herrings being blueback herring (Alosa aestivalis) and alewife (Alosa pseudoharengus).
(28) "Inshore salt waters" means those salt waters of this State between the landward limit of the Atlantic Ocean connected by COLREG demarcation lines, and the freshwater/saltwater dividing line.
(29) "Landed" or "to land" means to take and bring a saltwater fish ashore.
(30) "Live rock" means living saltwater organisms or an assemblage of them attached to a hard substrate including dead coral or rock . Living saltwater organisms associated with hard bottoms, banks, reefs, and live rock include, but are not limited to:
(a) sea anemones (Phylum Cnidaria: Class Anthozoa: Order Actinaria);
(b) sponges (Phylum Porifera);
(c) tube worms (Phylum Annelida) including fan worms, feather duster worms, and Christmas tree worms;
(d) bryozoans (Phylum Bryozoa);
(e) sea squirts (Phylum Chordata); and
(f) marine algae including mermaid's fan and cups (Udotea spp.), corraline algae, green feather and green grape algae (Caulerpa spp.), and watercress (Halimeda spp.).
(31) "Mariculture" means controlled cultivation in confinement of marine and estuarine organisms in salt waters.
(32) "Marine resource" means any live, fresh, processed, or frozen whole, part, or portion of any marine organism, anadromous fish, or catadromous fish, to include shell deposits occurring upon or within state-owned bottoms and those lying above the mean high water mark if created by processes of natural accretion upon state-owned lands or bottoms.
(33) "Mile" means one nautical mile, being six thousand seventy-six feet.
(34) "Minnow trap" means a trap having no opening which has a dimension greater than one inch only when used for taking small finfish for bait.
(35) "Mollusk" or "molluscan" means any member of the phylum Mollusca.
(36) "Peeler crab" means any hard crab of the blue crab species (Callinectes sapidus) which has a fully formed soft shell beneath the exterior hard shell and exhibits molt signs in the form of red, pink, or white lines just inside the exterior margin of the rear paddle (swimming) legs.
(37) "Peeler trap" means a trap constructed of one inch or smaller hexagonal wire which is:
(a) unbaited; or
(b) baited with only one live male crab and may have one single piece of fish having no dimension greater than three inches.
(38) "Pot" has the same definition as "trap" herein contained.
(39) "Protected species" means any species with which man's interaction is legally controlled, restricted, or prohibited either continually or periodically.
(40) "Public fishing pier" means piers open to the public which charge a fee to fish.
(41) "Recreational fishermen" means persons taking or attempting to take saltwater fish for recreation only, and not for commercial purposes.
(42) "Salt waters" means all waters of the rivers and their tributaries, streams, and estuaries lying seaward of the dividing line between salt water and freshwater and all impounded waters seaward of the dividing line between salt water and freshwater which are intermittently filled or drained by the action of the tide.
(43) "Saltwater gamefish" means any species of saltwater fish designated as a saltwater gamefish in this title.
(44) "Saltwater privileges" means the privilege of participating or assisting in the taking or attempting to take or to buy, receive, handle, pack, process, ship, consign, sell, barter, or trade any saltwater fish or marine resource and includes the privilege to hold any license, permit, or stamp authorizing such activity.
(45) "Seed fork" means a fork manufactured having seven or more straight or slightly curved tines or having any tine greater than eight inches in length. All tines must be at least one inch apart unless utilized for mariculture harvest.
(46) "Shad" means American or white shad (Alosa sapidissima) and hickory or skip-jack shad (Alosa mediocris).
(47) "Shellfish" means oysters, clams, mussels, scallops, and all nonmotile molluscan fish having shells.
(48) "Shoreline" means the line of mean high water along that portion of a land mass which is in direct contact with the waters of the Atlantic Ocean.
(49) "Shrimp seine" means an unanchored net having a stretched mesh of not less than one inch but no greater than one and three quarters inches, the webbing of which does not exceed forty feet in length or six feet in depth, which is continually moved through the water by human and not mechanical power. Beginning on the date three years following the effective date of this definition "shrimp seine" means an unanchored net having a stretched mesh of not less than one inch but no greater than one and three-quarters inches, the webbing of which does not exceed forty feet in length or six feet in depth, which is continually moved through the water by human and not mechanical power, and which has no tail bag or cod.
(50) "Shrimp trawl" means any trawl with any netting having a stretch mesh size of less than two and one-half inches.
(51) "Sponge crab" means a female blue crab bearing visible eggs.
(52) "State resident" has the same meaning as prescribed in Chapter 9 of this title unless otherwise indicated.
(53) "State waters" extend to the seaward limit of the territorial sea.
(54) "Striker" means a person, other than a licensed saltwater commercial fisherman, who under immediate supervision assists a licensed commercial saltwater fisherman, but does not use separate commercial equipment on a vessel which is engaged in commercial fishing.
(55) "Take" means to harass intentionally, hunt, capture, gather, harvest, remove, catch, wound, or kill or attempt to harass, hunt, capture, gather, harvest, remove, catch, wound, or kill.
(56) "Territorial sea" means that portion of the Atlantic Ocean under the jurisdiction of the State of South Carolina as depicted on charts of the National Oceanic and Atmospheric Administration or its successor agency.
(57) "Trap" is an enclosed device used for taking fish, constructed to facilitate entry but prohibit or restrict exit of fish and is also called "pot".
(58) "Trawl" means any net, other than a haul seine, towed behind a boat.
(59) "Trawler" means any vessel rigged for towing a trawl .
(60) "Trawling" means fishing with a trawl or having any part of a trawl door in the water.
(61) "Trotline" means a single line or wire having numerous hooks or baits and is also called long line.
(62) "Skim-bow net" means a net constructed of webbing not greater than two and one-half inches, stretched mesh, hung within a frame formed by a length of wood or other material looped and attached upon itself end to end forming a loop having no distance across greater than fifteen feet.
(63) "Stretch" as used to describe the measure of mesh of nets means that the material is pulled snugly but not to the point of lengthening the single or multi-strand line of the netting. Measurement is made across the widest dimension of the mesh when so pulled.
SECTION 50-5-20. Jurisdiction of Department of Natural Resources.
(A) The department has jurisdiction over all saltwater fish, fishing, fisheries, and marine resources within the salt waters of this State, including the territorial sea.
(B) The department is authorized to conduct research, surveys, and other investigations to manage fish and marine resources; to provide for protection of the salt waters and the marine habitat upon which these resources are dependent; and to provide for the development of saltwater fisheries and mariculture.
(C) Except as otherwise provided, the provisions of this chapter do not apply to fish or fishing in the freshwaters of this State.
(D) The provisions of this chapter apply to all impounded waters seaward of the freshwater/saltwater dividing line which are intermittently filled or drained by the action of the tide.
(E) Impoundments seaward of the freshwater/saltwater dividing line which are naturally occurring or are not influenced by the action of the tide are freshwaters for purposes of jurisdiction of this title.
SECTION 50-5-25. Powers and duties; deposit of revenues.
(A) The department shall enforce all laws for collection of revenues due this State from the saltwater fishing industries and from permitting the use of bottoms and waters.
(B) Notwithstanding any other provision of law, the department is authorized to open and maintain a financial escrow account in which funds received from violations of this chapter and proceeds of the sale of items seized pursuant to this chapter shall be deposited and held pending final adjudication of the case.
(C) All revenues, other than from fines and forfeitures, not otherwise provided for in this title derived from the regulation of saltwater fisheries shall be transmitted to the department for deposit in the department's general operating fund and shall be used by the department in support of the conservation of those fisheries. Revenues and funds so collected but not expended shall be carried forward annually and used for the same purpose. All fines and forfeitures under this chapter shall be transmitted to the department and deposited in the county game and fish fund for the county in which the offense occurred.
(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.
SECTION 50-5-30. Promulgation of regulations; civil offenses; penalties; suspension of permit.
(A) The department may promulgate 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.
(B) In promulgating regulations, the department shall consider scientific and other available information regarding:
(1) current condition and trends of the species or stocks involved;
(2) environmental factors, including water quality and climatological data;
(3) biological data, including abundance, size, and distribution of species involved;
(4) economic conditions including market value;
(5) potential impacts upon fishermen and other resource users;
(6) safety of the public and persons utilizing the resource;
(7) effects of added development, population growth, fishing pressure, and demand for the resource; and
(8) other factors pertinent to the management and wise use of fishery resources.
(C) Nothing in this section reduces the authority of the department to act under other provisions of law.
(D) Violation of a regulation is a civil offense. The department may impose a civil penalty of up to two hundred dollars or suspend the license of a person adjudicated in violation, or both.
(E) For violation of a permit condition, in addition to any statutory criminal penalty, the department may impose a civil penalty of up to five hundred dollars and suspend or revoke the permit, or both.
(F) The department may suspend or revoke a permit for violation of any conservation law.
SECTION 50-5-32. Closing salt water fishing seasons, areas, or activities in emergency; notice; penalty.
(A) The department has the authority to close any commercial or recreational fishing season, area, or activity in the salt waters of this State when an emergency exists. For the purposes of this section an emergency is an unusual, sudden, and unexpected natural or man-induced situation or occurrence which threatens the future or present well-being of a fishery resource or its habitat in a part of or in all of the salt waters of this State.
(B) The department must use all reasonable means to give notice to the public or an emergency closure issued pursuant to subsection (A) as soon as practicable. An emergency closure notice must specify the cause of the emergency and the fishing season, area, or activity closed, and, if known, the duration of the closure.
(C) When taking emergency action under this section, the department must notify the appropriate standing committees of the Senate and the House of Representatives of its actions as soon as practicable. Supporting resource assessments, scientific documentation, and notice of action taken must be provided to the committees.
(D) During the first three days of an emergency closure instituted under this section, the department must issue only warnings for first offense, noncommercial violations of the closure.
(E) The department must monitor the situation or occurrence under which the emergency arose and must reopen the closed season, area, or activity as soon as, but only when, the threat to the resource or its habitat no longer exists.
(F) It is unlawful to take or attempt to take saltwater fish in violation of an emergency closure. A person violating an emergency closure is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.
SECTION 50-5-35. Notice of opening or closing of commercial fishing season; health and environmental protection.
(A) In opening or closing any commercial fishing season pursuant to this chapter, except under the emergency closure authority provided in Section 50-5-32, the department shall give at least twenty-four hours notice of any action and shall use all reasonable means to inform the public.
(B) Except as provided in Section 50-5-955(B), nothing in this chapter alters, reduces, or amends the authority of the Department of Health and Environmental Control to regulate for public health and environmental protection.
SECTION 50-5-40. Unauthorized tagging or marking and releasing of saltwater fish; penalty.
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 twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
SECTION 50-5-45. Maintenance and publication of nonindigenous organisms list; introduction of organisms prohibited.
(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.
(B) It is unlawful:
(1) to place in the salt waters of this State, or in privately owned waters directly connected to salt waters of this State, any live, fresh, or frozen whole, part, or product of any listed organism; or
(2) to sell or offer for sale as bait, any live, fresh, or frozen whole, part, or product of any listed organism.
SECTION 50-5-50. Prosecutions for violations of chapter.
The department may prosecute for violations of this chapter for the collection of revenues due this State from the fishing industries and permitting of bottoms and waters and may employ counsel having special knowledge of the fisheries laws, fisheries, and coastal conditions to conduct the prosecutions in the inferior courts and assist the solicitor in the circuit courts and appellate courts.
SECTION 50-5-55. Suspension of privileges; magistrates court jurisdiction; penalties and restitution orders.
(A) Any suspension of privileges under this chapter shall run concurrent with any other suspension then in effect. Except as provided in Section 50-5-2510, suspensions of privileges resulting from violations of this chapter begin thirty calendar days from date of conviction.
(B) Notwithstanding any other provision of the law, the magistrates court has jurisdiction to try any criminal case that arises under this chapter and to impose the penalties set forth herein up to a maximum of five thousand dollars or thirty days' imprisonment. In addition to any penalty imposed under this chapter, the presiding magistrate may order restitution for losses of natural resources.
(C) A person or entity shall have all saltwater privileges and other licenses, permits, and registrations issued by the department suspended until the penalty is paid in full if the person or entity:
(1) fails to pay a penalty arising out of a violation of this chapter within ten business days following adjudication of the matter; or
(2) defaults on a payment plan approved by a presiding magistrate.
SECTION 50-5-60. Conspiracy to violate provision of chapter.
A person who conspires to violate a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be punished as if he had violated that provision.
SECTION 50-5-65. Seizure and disposition of contraband; separate offense defined.
(A) Any fish or fishery product taken or possessed in violation of any provision of this chapter is contraband and may be seized along with its container and disposed of according to law.
(B) Any perishable item seized, the sale of which is illegal per se, may be donated by the department to a nonprofit entity, in the discretion of the department, or destroyed provided that any perishable item, the sale of which is illegal only because of the place or manner or method in which or by which it was taken must be sold, donated, or destroyed. The proceeds of any perishable item sold must be retained until final adjudication of the case. Any proceeds of the sale must be returned to the defendant in the event of a verdict of not guilty.
(C) Living contraband taken in this State may be returned by the department to the water.
(D) Nonperishable items may be retained by the department for use by the department or disposed of according to law. Nonperishable items which are illegal to use or which have no commercial value must be destroyed.
(E) Neither an item of contraband nor the value of an item of contraband may inure to the benefit of any employee of the department.
(F) Each fish, dozen of crabs, bushel of oysters, one-half 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 is a separate offense.
SECTION 50-5-70. Sale of confiscated device; redemption by owner.
The department shall sell any confiscated device not used or destroyed by the department at public auction for cash to the highest bidder in the county where it was seized, after having given ten days' public notice of the sale. When the device is of greater value than one thousand dollars, the owner may at any time before sale redeem it by paying to the department one thousand dollars. When the device is of lesser value than one thousand dollars, the owner may at any time before the sale redeem it by paying to the department the retail market value.
The waters and bottoms of the bays, rivers, creeks, and marshes within this State or within the territorial sea as shown on applicable NOAA Charts, not heretofore conveyed by grant from the General Assembly or royal grant are and remain as a common for the people of this State for the taking of fish, subject to the provisions of this chapter and any future act that may be passed, except that this section is not intended to regulate fish or fishing in the freshwaters of this State.
SECTION 50-5-80. Dividing line between salt and fresh water on rivers.
The dividing line between salt water and freshwater on the rivers listed is defined in this section, and all waters of the rivers and their tributaries, streams, and estuaries lying seaward of the dividing lines are considered salt waters, and all waters lying landward or upstream from all dividing lines are considered freshwaters for purposes of licensing and regulating commercial and recreational fishing. Except as otherwise provided below, the saltwater/freshwater dividing line is U.S. Highway 17:
(1) On Savannah River the dividing line is the abandoned Seaboard Railroad track bed located approximately one and three-fourths miles upstream from the U.S. Highway 17A bridge.
(2) Wright River is salt water for its entire length.
(3) On Ashepoo River the dividing line is the old Seaboard Railroad track bed.
(4) On New River the dividing line is at Cook's Landing.
(5) Wallace River, Rantowles Creek, Long Branch Creek, and Shem Creek are salt water for their entire lengths.
(6) On Edisto River the dividing line is the abandoned Seaboard Railroad track bed near Matthews Canal Cut.
(7) On Ashley River the dividing line is the confluence of Popper Dam Creek directly across from Magnolia Gardens.
(8) On Cooper River the dividing line is the seaward shoreline of Old Back River at the confluence of Old Back River downstream from Bushy Park Reservoir.
(9) Wando River is salt water for its entire length.
(10) On the Intracoastal Waterway in Horry County the dividing line is the bridge across the Intracoastal Waterway at the intersection of S.C. Highway 9 and U.S. Highway 17.
(A) The General Trawling Zone consists of the following subzones:
(1) The Northern Subzone: from the North Carolina-South 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 033° 7.2' N and longitude 079° 16.3' W, extending seaward in a southeasterly direction (135° 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 032° 28.6'N, longitude 080° 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 Carolina-Georgia 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.
SECTION 50-5-90. Authority to enter and inspect buildings or stop and search fishing vessels; penalty for refusal to comply with order.
(A) It is lawful for enforcement officers to enter and inspect any and all premises, houses, sheds, or warehouses used in commercial fishing or any fishing industry; and to stop and search any boat or vessel used in fishing and in the fishing industry; and to stop and search any vehicle used in the commercial fishing industry; and to arrest, without warrant, all persons violating the natural resources or boating laws or regulations punishable by a criminal penalty.
(B) Failure or refusal to comply with any lawful order or direction or to obstruct or evade or interfere with any officer enforcing the provisions of this chapter shall be deemed a misdemeanor, and a person convicted thereof must be fined not less than five hundred dollars and not more than twenty-five hundred dollars or imprisonment for not more than thirty days.
SECTION 50-5-95. Unlawful taking of saltwater fish; penalty.
It is unlawful to take or attempt to take saltwater fish except as allowed by this chapter. Except as otherwise provided, a person violating this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
SECTION 50-5-100. Knowingly obtaining saltwater fishery product taken or sold unlawfully.
It is unlawful for any person knowingly to obtain or to attempt to obtain a saltwater fishery product taken, produced, cultured, or sold unlawfully.
(1) to remove, wilfully damage, or interfere with any fishing equipment belonging to another;
(2) to remove the catch without possessing written permission of the owner of the equipment, except channel nets must be operated only by the licensee; or
(3) to wilfully interfere with or impede lawful fishing activity.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars and not more than two thousand five hundred dollars or imprisoned not more than thirty days, and in addition must have his saltwater privileges suspended for twelve months.
SECTION 50-5-110. Use of poison, explosive, or bang stick to take marine resources; penalty.
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 twenty-five 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.
SECTION 50-5-115. Responsibility for determining location of commercial fishing vessel.
The operator of any vessel engaged in commercial fishing is responsible for accurately determining the location of his vessel in order that he not violate any closed or restricted area.
SECTION 50-5-120. Boarding of vessel by law enforcement officers; penalty for failure to allow boarding and to cooperate.
(A) The operator and crew of any watercraft operating in state waters are required to heave to when signaled or hailed, and allow boarding by law enforcement officers or U.S. Coast Guard personnel.
(B) The operator, crew, and passengers of any watercraft operating in state waters are required to cooperate with law enforcement officers or U. S. Coast Guard personnel.
(C) Any operator, crew member, or passenger, 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.
SECTION 50-5-125. Use of vessel within 300 feet of public fishing pier; penalty.
It is unlawful to use a vessel within three hundred feet of any public fishing piers which extend into the Atlantic Ocean. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
(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 twenty-five dollars unless specifically exempted in this article. A resident must also obtain a commercial saltwater fishing license for the privilege of selling, exchanging, or bartering such fish or product taken or landed by the resident.
(B) To act as a striker, a resident need not acquire a commercial saltwater fishing license.
SECTION 50-5-305. Requirements for obtaining resident license; penalty.
(A) To be granted a resident commercial saltwater license authorized under this chapter:
(1) an applicant must present a statement from the South Carolina Department of Revenue indicating the applicant filed a South Carolina income tax form as a resident for the previous calendar year, but a person under the age of seventeen is exempt from the requirement to provide such statement; or
(2) an applicant who did not file a South Carolina personal income tax form for the previous year must show documentation acceptable to the department proving the applicant was a resident of South Carolina for twelve consecutive months immediately prior to the date of application.
The applicant must also present an additional form of identification acceptable to the department.
(B) It is unlawful to obtain, attempt to obtain, or possess a South Carolina resident saltwater license while licensed for any purpose as a resident of another state.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two 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.
(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. A nonresident must also obtain a commercial saltwater fishing license for the privilege of selling, exchanging, or bartering such fish or product taken or landed by the nonresident.
(B) To act as a striker, a nonresident need not acquire a commercial saltwater fishing license.
SECTION 50-5-315. Saltwater fishing without a license prohibited; penalty.
A person taking or attempting to take saltwater fish or operating a fishing vessel used in aid of taking saltwater fish for a commercial purpose without first acquiring the required commercial saltwater fishing license 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.
SECTION 50-5-320. State Shellfish Ground licenses; fees.
For the privilege of taking molluscan shellfish from state-owned bottoms not under permit from the department for commercial purposes or in a quantity greater than those allowed for personal use as provided in this chapter, any licensed resident commercial saltwater fisherman must obtain a State Shellfish Ground resident license for a fee of seventy-five dollars and any licensed nonresident commercial saltwater fisherman must obtain a State Shellfish Ground nonresident license for a fee of three hundred seventy-five dollars.
SECTION 50-5-325. Commercial equipment licenses and fees; specification of vessel on which used; tagging of equipment; penalties.
(A) Commercial equipment, excluding vessels, used in the salt waters of this State and in fisheries for anadromous and catadromous species in any waters of this State must be licensed by the department. The owner and operator are responsible for obtaining a license:
(1) to use a trawl or trawls, and the cost is one hundred twenty-five dollars for residents and three hundred dollars for nonresidents;
(2) to use traps, and the cost is twenty-five dollars per fifty traps and one dollar for each trap thereafter for residents, and one hundred twenty-five dollars per fifty traps and five dollars for each trap thereafter for nonresidents;
(3) to use a channel net for taking shrimp, and the cost is two hundred fifty dollars for each net;
(4) to use a gill net for taking shad, herring, or sturgeon, and the cost is ten dollars per one hundred net yards or a fraction thereof for residents and fifty dollars per one hundred net yards or a fraction thereof for nonresidents, and to use any other gill net or haul seine the cost is ten dollars per one hundred net feet or a fraction thereof for residents and fifty dollars per one hundred net feet or a fraction thereof for nonresidents;
(5) to use hand-held equipment to take shellfish, including tongs, rakes, and forks, at no cost;
(6) to use a drag dredge, and the cost is seventy-five dollars for residents and three hundred seventy-five dollars for nonresidents;
(7) to use other mechanically operated or boat assisted equipment, other than equipment used to set or retrieve licensed equipment, and the cost is one hundred twenty-five dollars for residents and six hundred twenty-five dollars for nonresidents;
(8) to use trotlines with baits or hooks, and the cost is ten dollars for residents and fifty dollars for nonresidents for each line having not more than fifty baits or hooks per line;
(9) to use any other commercial equipment, and the cost is ten dollars for each type for residents and fifty dollars per type for nonresidents.
(B) The vessel on which a trawl or trawls is to be used must be specified on an application to the department and maintained current. The owner of a trawling vessel must furnish the name and address of the vessel master. Failure by the owner to supply or update the information required for the application so as to keep the information current at all times is a misdemeanor punishable as provided in this section.
(C) No person under the age of sixteen years may operate a trawler as master.
(D) No person may hold or apply for a separate license resulting in avoidance of a license fee differential specified in this section.
(E) Each net required to be licensed must be licensed separately.
(F) Other than vessels solely transiting the State in interstate commerce, any vessel on or from which commercial equipment is used or transported must display on its port and starboard sides current identification decals provided by the department.
(G) The department may require an owner or operator who uses commercial equipment without being present to affix an identification number and tag issued by the department to each piece of commercial equipment while the commercial equipment is in use. The owner and operator are responsible for assuring the number and tag are affixed.
(H) Only those types of commercial equipment specifically allowed by this chapter may be used for commercial purposes; provided, the department may grant permits for additional equipment types as stated in Section 50-3-340.
(I) A person who violates subsection (A)(1), (A)(3), (A)(7), or (H) is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than five thousand dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months.
(J) A person who violates subsection (A)(2), (A)(4), (A)(6), (A)(8), (A)(9), (D), (E), (F), or (G) 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.
(K) A person who violates subsection (A)(5), (B), or (C) is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
(L) Any commercial equipment which is used while not properly licensed, permitted, or tagged or any equipment used for commercial purposes not specifically allowed for commercial purposes by this chapter is considered contraband and must be seized by the department and disposed of as provided by law.
(A) A person may fish or use the following in the salt waters of this State solely for recreational purposes without being commercially licensed:
(1) shrimp seines;
(2) hand-operated tongs, rakes except bull rakes, and forks except seed forks, used to harvest shellfish;
(3) hook and line or rod and reel;
(4) minnow traps, drop nets, and dip nets;
(5) cast nets; however, the use must comply with all other provisions of law;
(6) no more than two crab traps;
(7) no more than two trotlines with a cumulative total of not more than fifty hooks or baits;
(8) no more than ten bush or pole lines with single hooks or baits.
(B) A person may use a lawful gill net for other than commercial purposes without a commercial saltwater fishing license.
(C) A person may use lawful minnow traps to take fish for a commercial purpose for use as bait without a commercial saltwater fishing license.
(D) No person may retrieve any unattended recreational equipment used pursuant to this section unless the owner is present. A person may retrieve equipment with the written permission of the owner, but no fish may be retained.
(E) A person who violates this section by fishing or using equipment in excess of the numbers allowed in this section or in violation of subsection (D) is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
SECTION 50-5-335. Channel net licenses; restrictions.
(A) The department may grant no more than a cumulative total of sixty licenses for the use of channel nets in any one year. Applicants who held channel net licenses in the previous license year and who were not in violation of conservation laws or regulations must be given preference for licenses unless a violation results in a point suspension under Article 25, preference must not be denied solely for violations pertaining to:
(1) marking or lighting of channel nets;
(2) distance from the centerline of marked navigation channels if the distance is greater than 300 feet; or
(3) distance between channel nets and other fishing devices.
(B) An applicant must be sixteen years of age or older and a resident of this State, and licenses must be applied for in person. Only one license may be issued to a person.
SECTION 50-5-340. Permits; use for commercial purposes and disposition of proceeds; violations and penalties.
(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 for a commercial purpose is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars and not more than two thousand five hundred dollars or imprisoned for not more than thirty days.
(D) A person who violates this section 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.
SECTION 50-5-345. Commercial license a condition of permit; exceptions; revocation.
(A) In order to obtain any permit authorized under this chapter for taking marine resources except scientific, educational, and commercial display permits, a person must be a licensed commercial saltwater fisherman and hold all other required licenses.
(B) Any permit granted may be revoked by the department for a violation of a condition of the permit or of a related conservation law.
SECTION 50-5-350. Display of licenses, permits, and vessel's identification decal; transfer of licenses; penalty.
(A) While exercising the privilege of a license or permit the licensee, operator, or permittee must display or keep on his person the license or permit, and the license or permit must be produced on demand of department personnel or other law enforcement personnel.
(B) Licenses and permits are not transferable; however, any licensed commercial saltwater fisherman may operate any licensed commercial equipment with written permission of the owner except:
(1) channel nets; and
(2) any commercial equipment licensed at the resident fee when the nonresident fee is greater if the operator is a nonresident.
(C) The operator and the owner of a vessel used for commercial purposes must have aboard the required commercial equipment licenses and permits and display on its port and starboard sides the vessel's identification decals provided by the department.
(D) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
(A) For the privilege of taking or landing any saltwater species to be sold, bartered, or traded as bait or offered for sale as bait or selling or offering for sale as bait any saltwater species taken or landed in this State, a resident must first acquire a bait dealer license for twenty-five dollars. A nonresident must acquire a bait dealer license for one hundred twenty-five dollars. The department may inspect the business premises or floating equipment, or both, of a person applying for a bait dealer license and of a licensed bait dealer engaged in harvesting and selling bait. A person who takes, attempts to take, sells, or offers for sale any saltwater fish or fishery product for bait, except maricultured fish or fishery product in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
(B) A licensed bait dealer who only sells fish or fishery products to be used solely as bait does not have to acquire a wholesale seafood dealer license.
SECTION 50-5-360. Wholesale seafood dealer, peeler crab, and molluscan shellfish licenses; display of license; roadside vendors; brood stock exception; penalties.
(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 landed in this State regardless of where taken 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.
(B) In order to engage in shedding peeler crabs, a person or entity must first be a licensed wholesale seafood dealer and be licensed for peeler crabs. The fee for a resident peeler crab license is an additional seventy-five dollars, and the fee for a nonresident license is an additional three hundred seventy-five dollars. Persons holding this license and engaged in shedding peeler crabs are authorized to receive, possess, and sell peeler crabs regardless of size.
(C) A person or entity required to obtain a wholesale seafood dealer license who receives molluscan shellfish must first be licensed for molluscan shellfish. The fee for a resident to acquire a molluscan shellfish license is an additional ten dollars, and the fee for a nonresident is an additional fifty dollars.
(D) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.
(E) The original or a legible copy of the wholesale seafood dealer license must be displayed where a wholesale seafood dealer or his agent is selling or offering for sale saltwater fisheries products. Any wholesale seafood dealer who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
(F) Roadside vendors, transient dealers, or peddlers operating from vehicles, roadside stands, or other temporary locations who sell or offer for sale saltwater fishery products are retail dealers who must comply with the retail license and tax requirements of state and local law. The person or entity must be a licensed wholesale seafood dealer or must have received or purchased the products from licensed wholesale seafood dealers or other licensed retailers and must comply with the requirements of Section 50-5-365 (A).
(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.
(H)(1) Persons licensed under this section upon a fourth conviction within a period of three years of provisions related to:
(a) possession of undersized fishery products;
(b) improper marking or tagging of fishery products;
(c) failure to report or maintain records; or
(d) unlawful purchase of fishery products
shall have his privilege to hold a wholesale seafood dealer license suspended for a period of twelve months.
(2) Any person convicted of selling or offering for sale fish or fishery products while under suspension is guilty of a misdemeanor and, upon conviction, must be fined no less than one thousand dollars but not more than two thousand dollars or imprisoned for not more than thirty days and must have all his saltwater privileges suspended for three years.
(3) For the purposes of this section, a conviction must occur on a separate date from other unlawful acts named in this section to be considered a prior offense.
SECTION 50-5-365. Licensing requirements applicable to sale or transportation of live or fresh fish or saltwater fishery products; penalties.
(A) A person or entity who:
(1) offers for sale any live or fresh fish or any saltwater fishery products, other than a licensed commercial saltwater fisherman licensed as a wholesale seafood dealer; or
(2) transports live or fresh fish or any saltwater fishery products, other than a licensed commercial saltwater fisherman transporting his catch to a licensed wholesale seafood dealer;
must have in his possession dated bills of lading, invoices, receipts, bills of sale, or similar documents showing the quantity of each species and type of saltwater fishery product being offered for sale or transported and the name of the licensed commercial saltwater fisherman or licensed wholesale seafood dealer from whom the products were purchased or received.
(B) A person or entity including a licensed commercial saltwater fisherman who takes saltwater fishery products and sells the catch must sell the catch only to a wholesale seafood dealer licensed under this section or else he must be licensed as a wholesale seafood dealer under this section.
(C) Without having obtained a valid wholesale seafood dealer license it is unlawful to:
(1) buy or receive at other than retail live or fresh fish or any saltwater fishery products taken or landed in this State;
(2) sell or offer fish or products for sale at other than retail or as allowed in subsection (B); or
(3) transfer, ship, pack, or consign fish or products.
(D) It is unlawful to purchase live or fresh fish or any saltwater products taken or landed in this State at other than retail from a person other than a licensed wholesale seafood dealer, provided:
(1) the fish or product may be purchased for use as bait from a licensed bait dealer; and
(2) a licensed wholesale seafood dealer may purchase from a licensed commercial saltwater fisherman.
(E) It is unlawful for a person or entity to sell or offer for sale live or fresh fish or any saltwater fishery products or to transport live or fresh fish or any saltwater fishery products without having in possession dated bills of lading, invoices, receipts, bills of sale, or similar documents showing the quantity of each species and type of saltwater fishery products to be sold or transported and the name of the licensed commercial saltwater fisherman or licensed wholesale seafood dealer from whom the products were purchased or received. As it relates to operation of a vessel or vehicle, this subsection does not apply to a licensed commercial saltwater fisherman transporting his catch to a licensed seafood dealer.
(F) Except as provided in Section 50-5-366, a person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.
SECTION 50-5-366. Documents required to be in possession of persons selling shrimp; exceptions; conspiracies; penalties.
(A) Between September 1 and December 15 a person or entity who sells or offers for sale shrimp must have in possession dated receipts, bills of sale, or similar documents showing:
(1) the name of the licensed wholesale seafood dealer, or the licensed commercial fisherman if the seller is a licensed wholesale seafood dealer, from whom the shrimp were purchased or received;
(2) the date on which the shrimp were purchased or received; and
(3) the quantity of shrimp purchased or received.
(B) Any person or entity violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than five thousand dollars and may be imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months, and the shrimp and its containers must be seized.
(C) This section does not apply to a licensed commercial saltwater fisherman:
(1) when selling his catch of shrimp to a licensed seafood dealer; or
(2) who is a licensed wholesale seafood dealer.
(D) Any person or entity who conspires with another to violate this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or more than two thousand dollars and may be imprisoned for not more than thirty days and must have his saltwater privileges suspended for an additional twelve months.
SECTION 50-5-367. Sale, offer, or purchase of shrimp taken over bait; penalty.
(A) It is unlawful to sell or to offer for sale shrimp taken over bait.
(B) Any person or entity violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or more than five thousand dollars and may be imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months, and the shrimp, its containers, used in violation of this section must be seized.
(C) It is unlawful to knowingly purchase shrimp taken over bait.
SECTION 50-5-370. Purchase or removal from State for commercial purpose of saltwater fishery products not handled by licensed wholesale seafood dealer; penalty.
(A) It is unlawful for a person not licensed as a wholesale seafood dealer to purchase, handle, barter, or trade or to attempt to purchase, handle, barter, or trade saltwater fishery products taken, landed, produced, or cultured in this State unless first handled by a licensed wholesale seafood dealer. As to the products specified, this section does not apply to:
(1) persons receiving live bait from a licensed live bait dealer; or
(2) persons or entities receiving cultured product from persons or entities that solely produce fish or fishery products reared as offspring from brood stock in captivity.
(B) No person may remove from this State for a commercial purpose any saltwater fish or fishery products landed in this State unless the fish or product is accompanied by original, dated bills of lading, invoices, receipts, bills of sale, or similar documents showing the quantity of each type of saltwater fish or fishery product being transported and the name of the licensed wholesale seafood dealer or retail establishment from whom the products were purchased or received.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.
SECTION 50-5-375. Records of seafood dealers; inspection by department; penalties.
(A) Every seafood dealer required to be licensed must keep and retain accurate records detailing the information required by the department for a period of not less than one year and shall open the records to the department for inspection upon reasonable demand.
(B) Any seafood dealer who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days. The provisions of this section do not supersede or replace any criminal sanctions for defrauding or attempting to defraud this State.
SECTION 50-5-380. Information or report by licensee or permittee to take saltwater fishery product for commercial or scientific purpose; confidentiality; penalties.
(A) A person or entity licensed or permitted by the department engaged in the take, distribution, or propagation of any saltwater fishery product for a commercial or scientific purpose must keep accurate records and may be required to provide accurate information and reports to the department on forms and by methods required by the department for the administration and enforcement of saltwater fishery laws and for fisheries management purposes. The department has concurrent authority with the United States to collect or require the submission of pertinent data specified pursuant to the federal Fishery Conservation and Management Act of 1976, as amended. Any information which directly or indirectly discloses the identity of a licensee or permittee or income amounts or trade secrets or other specialized methodologies for growing or taking or marketing saltwater fisheries products is not public information. Information on fisheries furnished by any source which is required by a state or federal law to be kept confidential is not subject to disclosure except when required by order of a court of competent jurisdiction.
(B) Noncommercial information provided voluntarily to the department in support of a resource or management activity is likewise confidential. Nothing in this section may be construed as to limit the use of such information in enforcement of this chapter.
(C) A person or entity licensed or permitted under this chapter who fails to make an accurate and timely report as required by the department is guilty of a misdemeanor and, upon conviction, the person must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days for each report, and the department must suspend the license or permit under which the report is required until accurate and complete reports are submitted to the department. Each delinquent or inaccurate report must be handled as a separate offense. The provisions of this section do not supersede or replace any criminal sanctions for defrauding or attempting to defraud this State.
(D) The department shall collect and analyze data pertinent to protection, propagation, promotion, and management of marine resources.
SECTION 50-5-385. Expiration of licenses and permits.
Licenses authorized under this article expire on June 30th following their effective date. Permits expire under the terms of the individual permit.
SECTION 50-5-390. Denial of or limitations on nonresident licenses.
The department may deny issuance of any license or permit for commercial fishing equipment or activities to residents of any coastal state which denies the same privilege to South Carolina residents. The department may limit the type of fishing equipment used, seasons, and areas where nonresidents may fish in accordance with comparable limitations placed upon South Carolina fishermen by the nonresident's state.
(A) No net may be used in inshore salt waters except:
(1) trawl nets;
(2) gill nets for shad;
(3) gill and dip nets for herring;
(4) channel nets;
(5) shrimp seines;
(6) cast nets;
(7) drop nets;
(8) dip nets for landing or boating fish;
(9) elver nets; and
(10) gill nets not more than one hundred yards in length with a mesh size no smaller than three inches stretched mesh and up to five and one-half inches stretched mesh in those areas of the inlets, sounds, and bays having direct connection to the ocean and designated by the department.
(B) No net may be used in the Atlantic Ocean except:
(1) shad nets;
(2) sturgeon nets;
(3) trawl nets;
(4) shrimp seines;
(5) cast nets;
(6) drop nets;
(7) dip nets for landing or boating fish;
(8) gill nets not more than one hundred feet in length with a mesh size no smaller than three inches stretched mesh and up to, but not including, four and one-half inches stretched mesh; and
(9) haul seines.
(C) Nothing in this section shall authorize use of a net in a location or at a time otherwise prohibited by law.
(D) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.
SECTION 50-5-505. Net use requirements and restrictions; mariculture impoundment net use permit.
(A) A gill net used in the salt waters of this State must have at least one end buoy, international orange in color, which shows the name and license number of the owner. The operator of a gill net must be within five hundred feet of the net and have visual contact with the net at all times when deployed.
(B) A trotline used in the inshore salt waters of this State must have at least one end buoy, international orange in color, which shows the name and license number of the owner. Recreational trotlines must be marked by the name and address of the owner in lieu of a license number. Any trotline used in the territorial sea must be marked with a buoy not less than twenty inches in diameter at each end, international orange in color, which floats in a manner to be clearly visible at all times.
(C) A haul seine greater than one hundred feet in length must be marked with buoys, international orange in color, not less than twenty inches in diameter, which float in a manner to be clearly visible at all times.
(D) No haul seine may be set within five hundred yards of any public fishing pier.
(E) A buoy must be attached to the float line of any haul seine every three hundred feet, and a buoy must be attached to each end of any haul seine.
(F) No haul seine may be set, hauled, or both, for a period exceeding one and one-half hours without being fully returned to the beach.
(G) The department may grant a permit to the owner of a mariculture impoundment or his authorized agent, either of whom must be a licensed commercial saltwater fisherman, to attach a net on the downstream side or outside of the outlet to harvest fish exiting the impoundment. The department may place conditions on the permit as to season, type of equipment, and times.
SECTION 50-5-510. Channel nets; season; observation of use by department; restrictions as to possession; requirements applicable to use of net and possession of license; penalties.
(A) The season for using channel nets shall be no longer than ninety days, and the department annually may set the channel net season between September 1 of any year and December 15 of the same year, inclusive.
(B) A person licensed to use a channel net must allow designated department personnel to board or accompany any vessel on or from which a channel net is used to observe fishing activities, fishing gear, catch, and discards.
(C) It is unlawful to possess a channel net aboard a boat during the closed channel net season.
(D) It is unlawful to possess an unlicensed channel net aboard a boat.
(E) The following requirements apply to channel nets used in the salt waters of this State:
(1) the width at the mouth measured across the float or head line must not exceed eighty feet;
(2) no channel net may be operated from a trawler;
(3) a channel net must be marked with three buoys, international orange in color, constructed of solid foam or polyvinylchloride and not less than forty inches in circumference so as to be clearly visible at all times above the water's surface, one attached to each staff and one having the name, address, and license number of the owner thereon attached outside of the tailbag or codend; and
(4) a channel net set at night must be marked by a white light clearly visible from a distance of one-quarter of a nautical mile.
(F) It is unlawful for a person to set, retrieve, or remove catch from a channel net unless the properly licensed owner of the net is present and has his license in his immediate possession.
(G) No channel net when set may be unattended for more than twenty-four hours. Any channel net not fished for more than twenty-four hours or which contains decomposed fish is contraband and must be seized and disposed of as provided in this chapter.
(H) Any person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.
SECTION 50-5-515. Channel nets to be used only in designated areas; Turtle Excluder Device requirements; penalties.
(A) It is unlawful to use channel nets in the salt waters of this State, except in areas designated by the department.
(B) The following apply to use of channel nets:
(1) A functional soft or hard Turtle Excluder Device (TED) must be correctly installed in any channel net used in the waters of this State, except in areas specifically exempted in this section.
(2) A soft TED must be constructed and installed so as to conform to the specifications of the National Marine Fisheries Service for soft TED's.
(3) A hard TED must conform to the following specifications:
(a) the TED must be a single, rigid, oval deflector grid which is made of steel rod or pipe not less than one-third inch diameter, aluminum rod or pipe not less than one-half inch diameter, or fiberglass rod of comparable strength;
(b) the TED must be installed so that it is at a thirty to forty-five degree angle from the horizontal when in use;
(c) the minimum inside diameter may not be less than thirty inches;
(d) the minimum (slit) escape opening is thirty-five inches;
(e) the maximum spacing between the bars is four inches; there is no minimum spacing;
(f) all "hard" TEDs must be top exiting only;
(g) an optional, rectangular flap may be installed over the escape opening, provided it is attached only on its forward edge, does not extend more than four inches aft of the escape opening, is no wider than thirty-six inches, and the mesh size is no larger than two inches stretch.
(4) Turtle Excluder Devices are not required in channel nets used east of a line in Winyah Bay from the front range on Big Marsh Island, running southeast to day marker No. 18, thence running south southeast to red Nun Buoy No. 16. Any channel net used west of this line must use an approved Turtle Excluder Device. Turtle Excluder Devices are not required in channel nets used in North Santee Bay. However, the department may require TEDs in additional or all open areas if a significant threat to sea turtles is determined.
(5) A sea turtle accidentally taken must be released immediately unless it is apparent that resuscitation is required. If resuscitation is required, the fisherman must retain the turtle until the turtle has recovered sufficiently and is capable of swimming.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.
SECTION 50-5-520. Channel net violations; forfeiture of license; seizure of equipment.
In addition to any other penalty, a person who violates channel net laws forfeits the privilege to hold a channel net license for the next thirty open season days. Any boat, motor, boat trailer, and equipment used in aid of a violation related to channel nets or during the period for which the channel net license has been suspended or revoked must be seized and disposed of as provided in this chapter. This seizure requirement does not apply to requirements relating to lighting of channel nets, distances from the centerline of marked navigation channels if the distance is greater than three hundred feet, and distances between channel nets and other fishing devices.
SECTION 50-5-525. Unlawful deployment of net; penalty.
(A) It is unlawful to use or deploy any net or similar device or any part thereof including line and attached devices so that any part thereof extends more than one-half the width of any saltwater creek, stream, channel, slough, or other salt water regardless of the stage of the tide, river stage, or method of net deployment.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.
SECTION 50-5-530. Placement of stationary and channel nets; time for setting and removal of channel nets; penalty.
(A) It is unlawful to set any stationary nets except channel nets, within six hundred feet of any other net or device for taking fish except traps. It is unlawful to set any channel net within two hundred feet of any other channel net. No channel net may be set within four hundred feet of the centerline of a marked navigation channel. Any channel nets must be removed not later than the close of the channel net season. Lines, buoys, anchors, and associated equipment may be set no earlier than three days before the opening of the channel net season and must be removed not later than three days following the close of the channel net season.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.
SECTION 50-5-535. Placement of fishing equipment near public fishing pier or man-made jetty equipped with fishing walkway.
It is unlawful to set any fishing equipment within six hundred feet of a public fishing pier or man-made jetty equipped with a fishing walkway in the waters of the Atlantic Ocean. The provisions of this section apply only to a fishing pier open to the public or man-made jetty equipped with a fishing walkway open to the public.
SECTION 50-5-540. Use of seine or gill net in state park; shrimp net exception.
It is unlawful to use a seine or gill net in a lagoon, impoundment, or lake within the boundaries of a state park, except that lawful shrimp seines and cast nets for the taking of shrimp are allowed.
(A) Except as provided in this section, from June 1 through March 14, a crab trap used for commercial purposes must have at least two unobstructed, circular escape vents (rings) which must be two and three-eighths inches or greater in inside diameter and located on vertical surfaces. At least one vent (ring) must be in the upper chamber. All vents (rings) must be within two inches of the horizontal partition or the base of the trap.
(B) Crab traps constructed of a single chamber must have at least one two and three-eighths inch or larger inside diameter escape vent (ring) located on a vertical surface within two inches of the base of the trap. Peeler traps are exempt year round.
SECTION 50-5-550. Trap buoy size, material, catch release feature and identification tag or other identifying information requirements; seizure of unmarked traps.
(A) Other than minnow traps not used for a commercial purpose, and traps with lines attached to a shore based structure and not used for a commercial purpose, each trap set in the waters of this State must have attached to it a buoy made of solid, buoyant material which does not sink if punctured or if cracked. A spherical or nonspherical primary buoy must be attached to each trap. A nonspherical buoy must be at least ten inches in length and five inches in diameter or width. A spherical buoy must be at least six inches in diameter. No plastic, metal, or glass bottles or jugs may be used as a buoy, and no buoy attached may be made of a material which could sink if punctured or cracked. No floating line or rope may be used. Minnow traps used for commercial purposes must utilize floats no smaller than five inches marked with the operator's name and bait dealer license number.
(B) The department may require that each trap set in the salt waters of this State have catch release features and identification tags designated by the department.
(C) Each licensed commercial saltwater fisherman licensed to fish traps must acquire an identification number assigned by the department. No person may acquire or attempt to acquire more than one identification number. The assigned identification number must be burned or branded on each primary trap buoy in numerals of at least two inches in height, must be clearly legible, must be in a color contrasting that of the buoy, and must be unobstructed and visible when the buoy is at rest in the water.
(D) The buoy of traps used by individuals for personal use as provided by law in lieu of the identification number required on commercial traps must bear the owner's name and current address and must be yellow in color.
(E) A trap not marked in accordance with this section is contraband and must be seized and disposed of as provided in this chapter.
SECTION 50-5-555. Trap placement and attention requirements; department inspection, removal, seizure, and disposal.
(A) No trap may be placed within six hundred feet of a public boat ramp or launching area.
(B) No trap may be set so as to leave any portion of the trap dry at any stage of the tide.
(C) No trap may be unattended for more than five days. Without having written permission of the owner, no person may retrieve or remove catch from any trap the buoy of which is marked with a number assigned by the department to another person.
(D) No trap may be set so as to obstruct navigation in any creek or other navigable water course, access point, or mooring point. A trap determined by the department to be in violation of this section may be removed by the department and disposed of as provided in this chapter.
(E) The department may inspect traps for compliance with this section at any time. If the department finds any trap:
(1) set in violation of this section;
(2) containing excessive dead catch or only dead catch; or
(3) with buoy, line, or trap displaying excessive marine growth, the trap is contraband and must be seized and disposed of as provided in this chapter .
SECTION 50-5-560. Blue crab traps on Cooper River.
Notwithstanding the provisions of Chapter 13 of this title, traps used for taking blue crabs may be fished on Cooper River upstream to the confluence of the east and west branches of Cooper River; provided that all requirements of this chapter are complied with.
SECTION 50-5-565. Time restrictions for placement of commercial traps.
It is unlawful to set, move, fish, retrieve, or remove catch from traps during the following times:
(1) from 9:00 p.m. until 5:00 a.m. the following day, local time, from April 1 through September 15; and
(2) from 7:00 p.m. until 6:00 a.m the following day, local time, from September 16 through March 31.
This prohibition does not apply to recreational fishermen using properly marked personal traps.
SECTION 50-5-570. Use of live bait on lines with more than three hooks.
It is unlawful to use live bait in the salt waters of this State on lines having more than three hooks.
SECTION 50-5-575. Violation of provision for which no penalty provided; seizure and disposal of unlawful devices.
(A) A person who violates a provision of this article for which no penalty is specified is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
(B) Any unlawful fishing device or any fishing device used in an unlawful manner is contraband and must be seized and disposed of as provided by law.
SECTION 50-5-580. Gigging for fish in saltwaters of Georgetown County.
It is unlawful in Georgetown County for a person to gig for fish in saltwaters from the northern tip of North Island to the northern tip of Magnolia Beach during the daylight hours. Any person violating the provisions of this section, upon conviction, shall be fined not more than one hundred dollars or imprisoned for not more than thirty days.
The following General Trawling Zone is established:
Based on National Ocean Service (NOS) chart 11513 (22nd edition, July 12, 1997), that area seaward of a line, termed the inshore trawl boundary, beginning at the point of intersection of the north jetty (Oyster Bed Island Training Wall) of the Savannah River and the shoreline ("shoreline" herein defined as the line of Mean High Water) of Oyster Bed Island at latitude 32° 02.35' N, longitude 080° 53.05' W; thence following the shoreline of Oyster Bed Island to the point at the mouth of the Wright River at latitude 32° 02.92' N, longitude 080° 54.62' W; thence following a straight line northeasterly to the southernmost point of Turtle Island at latitude 32° 03.08' N, longitude 080° 54.42' W; thence following the shoreline of Turtle Island to the point at the mouth of the New River at latitude 32° 04.80' N, longitude 080° 52.97' W; thence following a straight line easterly to the southernmost point of Daufuskie Island (Bloody Point) at latitude 32° 04.92' N, longitude 080° 52.60' W; thence following the shoreline of Daufuskie Island to the point at latitude 32° 07.30' N, longitude 080° 50.40' W; thence following a straight line easterly across Calibogue Sound to the point on Hilton Head Island at latitude 32° 07.30' N, longitude 080° 49.50' W; thence following the shoreline of Hilton Head Island and crossing the mouths of Folly and Coggin Creeks to the northernmost point of Hilton Head Island at latitude 32° 16.26' N, longitude 080° 43.72' W; thence following a straight line westerly to a green square beacon marked "5" at latitude 32° 16.10' N, longitude 080° 44.14' W; thence following a straight line northerly to a red triangular beacon marked "4" at latitude 32° 16.38' N, longitude 080° 44.14' W; thence following a straight line easterly to a red nun or conical buoy marked "2" at latitude 32° 16.40' N, longitude 080° 42.40' W; thence following a straight line easterly to the point on Parris Island Spit at latitude 32° 16.72' N, longitude 080° 40.00' W (approximate location of flashing red day marker No. 246); thence following a straight line easterly to a red nun or conical buoy marked "26" at the mouth of the Beaufort River at latitude 32° 16.75' N, longitude 080° 39.20' W; thence following a straight line easterly to the point at the mouth of Station Creek at latitude 32° 16.72' N, longitude 080° 38.55' W; thence following the shorelines of Bay Point and St. Phillips Islands and crossing the mouth of Morse Island Creek to the point on St. Phillips Island at latitude 32° 17.00' N, longitude 080° 35.30' W; thence following a straight line easterly across Trenchards Inlet to the point at latitude 32° 17.00' N, longitude 080° 34.75' W; thence following the shorelines of Capers and Pritchards Islands and crossing the mouths of Capers, Pritchards, and Skull Inlets to the southernmost point of Fripp Island at latitude 32° 18.40' N, longitude 080° 30.05' W; thence following the shoreline of Fripp Island to its easternmost point at latitude 32° 19.35' N, longitude 080° 27.18' W; thence following a straight line northerly across Fripp Inlet to the southernmost point of Hunting Island at latitude 32° 20.32' N, longitude 080° 27.28' W; thence following the shoreline of Hunting Island to its northernmost point at the mouth of Johnson Creek at latitude 32° 23.50' N, longitude 080° 25.80' W; thence following a straight line northerly to the point on Harbor Island at latitude 32° 24.10' N, longitude 080° 25.63' W; thence following the shoreline of Harbor Island to the eastern end of the U.S. Highway 21 swing bridge at Harbor River at latitude 32° 24.20' N, longitude 080° 27.00' W; thence to the center of the swing span of the bridge at latitude 32° 24.26' N, longitude 080° 27.16' W; thence following a straight line northerly to the beacon on Combahee Bank at latitude 32° 28.07' N, longitude 080° 26.06' W; thence, based on NOS chart 11521 (22nd edition, January 20, 1996), following a straight line northeasterly to the point on Otter Island at the mouth of the Ashepoo River at latitude 32° 29.25' N, longitude 080° 25.15' W; thence following the shoreline of Otter Island to the point at the mouth of Fish Creek at latitude 32° 29.00' N, longitude 080° 23.24' W; thence following a straight line easterly across the South Edisto River to the southernmost point (Bay Point) of Edisto Beach at latitude 32° 28.66' N, longitude 080° 20.18' W; thence following the shorelines of Edisto and Edingsville Beaches and Botany Bay Island and crossing the mouths of Jeremy, Frampton, and Townsend Inlets to the point on Botany Bay Island at latitude 32° 33.50' N, longitude 080° 12.00' W; thence following a straight line easterly across the North Edisto River to the southernmost point on Seabrook Island at latitude 32° 33.55' N, longitude 080° 10.50' W; thence following the shorelines of Seabrook and Kiawah Islands and crossing the mouth of Captain Sams Inlet to the point on Kiawah Island (Sandy Point) at latitude 32° 37.18' N, longitude 079° 59.65' W; thence following a straight line northeasterly across Stono Inlet to the southernmost point of Folly Island at latitude 32° 38.40' N, longitude 079° 58.36' W; thence following the shoreline of Folly Island to its easternmost point at latitude 32° 41.10' N, longitude 079° 53.17' W; thence following a straight line northerly across Lighthouse Inlet to the Morris Island lighthouse (abandoned) at latitude 32° 41.70' N, longitude 079° 53.03' W; thence following a straight line on a geodetic azimuth of 285 degrees to the shoreline of Morris Island; thence following the shoreline of Morris Island northerly to its point of intersection with the south jetty for Charleston Harbor at latitude 32° 43.91' N, longitude 079° 52.18' W; thence following the submerged jetty easterly to the point where its emergent portion begins at latitude 32° 43.85' N, longitude 079° 50.92' W; thence following a straight line northeasterly across the Charleston Harbor channel to the point where the emergent north jetty begins at latitude 32° 44.57' N, longitude 079° 50.00' W; thence following the submerged north jetty northerly to its point of intersection with Sullivans Island at latitude 32° 45.46' N, longitude 079° 50.40' W; thence following the shoreline of Sullivans Island, the seaward edge of the Breach Inlet bridge, and the shoreline of the Isle of Palms to its easternmost point at latitude 32° 48.90' N, longitude 079° 43.09' W; thence following a straight line northerly across Dewees Inlet to the point on Dewees Island at latitude 32° 49.65' N, longitude 079° 43.27' W; thence following the shoreline of Dewees Island to the point at latitude 32° 50.70' N, longitude 079° 42.03' W; thence following a straight line northerly across Capers Inlet to the southernmost point of Capers Island at latitude 32° 51.10' N, longitude 079° 41.87' W; thence following the shoreline of Capers Island to the point at latitude 32° 52.57' N, longitude 079° 39.30' W; thence following a straight line easterly across Price Inlet to the southernmost point of Bull Island at latitude 32° 52.57' N, longitude 079° 38.95' W; thence, based on NOS chart 11531 (19th edition, April 19, 1997), following the shoreline of Bull Island to its northernmost point at latitude 32° 55.98' N, longitude 079° 34.48' W; thence following a straight line northeasterly to the point (now marked by a group of three piles) west of Sandy Point at latitude 33° 00.38' N, longitude 079° 29.43' W; thence following a straight line on a geodetic azimuth of 090 degrees to Sandy Point; thence following the shorelines of Sandy Point, Sandy Point Beach, and Raccoon Key and crossing the mouth of Raccoon Creek to the point at latitude 33° 01.00' N, longitude 079° 25.25' W; thence following a straight line easterly across Key Inlet to the westernmost point of Cape Island at latitude 33° 00.35' N, longitude 079° 23.64' W; thence following the shoreline of Cape Island to the point on the west side of the northernmost tip at latitude 33° 04.79' N, longitude 079° 20.14' W (accretion in this area not shown on the nautical chart); thence following a straight line westerly across Cape Romain Harbor to the point on Murphy Island at the mouth of Alligator Creek at latitude 33° 04.73' N, longitude 079° 21.28' W; thence following the shoreline of Murphy Island northeasterly to the point at latitude 33° 07.00' N, longitude 079° 16.97' W; thence following a straight line easterly across the South Santee River to the southwesternmost point of Cedar Island at latitude 33° 07.00' N, longitude 079° 16.58' W; thence following the shoreline of Cedar Island to the point at latitude 33° 08.36' N, longitude 079° 14.71' W; thence, based on NOS chart 11532 (18th edition, June 1, 1996), following a straight line northerly across the North Santee River to the southernmost point of Cane Island at latitude 33° 08.92' N, longitude 079° 14.92' W; thence following the eastern shoreline of Cane Island and crossing the mouth of an unnamed creek to the easternmost point of Crow Island at latitude 33° 10.04' N, longitude 079° 15.34' W; thence following a straight line northeasterly across North Santee Bay to the point on South Island at the south side of the mouth of Beach Creek at latitude 33° 10.43' N, longitude 079° 14.60' W; thence following the shoreline of South Island to its southernmost point (Santee Point) at latitude 33° 08.06' N, longitude 079° 14.38' W; thence following the shorelines of South and Sand Islands to the point of intersection with the south jetty for Winyah Bay at latitude 33° 11.43' N, longitude 079° 11.00' W; thence following the shorelines of Sand and South Islands to the point on South Island at latitude 33° 13.82' N, longitude 079° 12.16' W; thence following a straight line easterly passing approximately through the charted positions of a green light buoy marked "15" and a red nun or conical buoy marked "16" to the point on North Island at latitude 33° 14.00' N, longitude 079° 11.32' W; thence following the shoreline of North Island southerly and easterly to its intersection with the north jetty for Winyah Bay at latitude 33° 12.53' N, longitude 079° 10.43' W; thence, based on NOS chart 11535 (11th edition, April 18, 1992), following the shoreline of North Island to the point at latitude 33° 19.03' N, longitude 079° 09.57' W; thence following a straight line northerly across North Inlet to the point on the south end of Debidue Island at latitude 33° 19.98' N, longitude 079° 09.60' W; thence following the shorelines of Debidue Island, Pawleys Island, Litchfield Beach, and Magnolia Beach and crossing the mouths of Pawleys Inlet and Midway Inlet to the point on the south jetty for Murrells Inlet at latitude 33° 31.60' N, longitude 079° 01.90' W; thence following a straight line northerly across Murrells Inlet to the point of intersection with the north jetty at latitude 33° 31.96' N, longitude 079° 01.77' W; thence following the shoreline northeasterly and crossing the mouths of Singleton Swash, White Point Swash, and Hog Inlet to the point of intersection with the south jetty for Little River on the eastern end of Waites Island at latitude 33° 50.91' N, longitude 078° 33.21' W; thence following a straight line easterly across Little River Inlet to the point on the north jetty on Bird Island at latitude 33° 50.97' N, longitude 078° 32.62' W; thence following the shoreline of Bird Island to its intersection with the South Carolina-North Carolina boundary line at latitude 33° 51.09' N, longitude 078° 32.50' W.
SECTION 50-5-710. Restrictions on trawling for shrimp in General Trawling Zone; prohibition on trawling outside General Trawling Zone; penalties; seizure and disposition of contraband.
(A) Except as otherwise provided by law, it is lawful to trawl for shrimp or prawn in the General Trawling Zone only during those times and seasons set by the department. It is unlawful for a person to trawl inside the General Trawling Zone:
(1) one-quarter nautical mile or less during the closed season;
(2) more than one-quarter nautical mile during the closed season;
(3) one-quarter nautical mile or less at a time ten minutes or less before daily opening time or ten minutes or less after daily closing time during the open season;
(4) more than one-quarter nautical mile at a time more than ten minutes before daily opening or ten minutes after daily closing times during the open season;
(5) more than one-quarter nautical mile at a time ten minutes or less before daily opening time or ten minutes or less after daily closing time during the open season; or
(6) one-quarter nautical mile or less at a time more than ten minutes before daily opening time or after daily closing time during the open season.
A person who violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days.
Any catch aboard or under control of the fisherman or other person at the time of the violation is contraband and must be seized and disposed of as provided in this chapter.
(B) Except as otherwise provided by law, it is unlawful to trawl in the waters of this State outside the General Trawling Zone. A person who violates this subsection by trawling outside the General Trawling Zone:
(1) one hundred yards or less during the open season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days;
(2) more than one hundred yards during the open season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days;
(3) during the closed season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days; or
(4) one-half nautical mile distance or greater from the nearest point of the General Trawling Zone boundary is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for two years in addition to any other suspension under this chapter.
Any catch aboard or under the control of the fisherman or other person at the time of a violation of this subsection is contraband and must be seized and disposed of as provided in this chapter.
SECTION 50-5-715. Trawling restriction areas within General Trawling Zone.
(A) In the following areas trawling is restricted in the General Trawling Zone.
(1) Based on National Ocean Service (NOS) chart 11513 (22nd edition, July 12, 1997), all that area bounded by a closed line beginning at the point on the shoreline on the southwestern end of Hilton Head Island at latitude 32° 07.30' N, longitude 080° 49.50' W; thence following the shoreline of Hilton Head Island to the point on its northeastern end at latitude 32° 14.20' N, longitude 080° 40.65' W; thence northeasterly, following a straight line on a geodetic azimuth of 065 degrees, to the point one-quarter nautical mile seaward from the shoreline; thence southeasterly, southwesterly, and northerly following a line that is one-quarter nautical mile seaward of the shoreline to the point at the intersection of said line with the inshore trawl boundary across Calibogue Sound; thence following the inshore trawl boundary easterly to the point of beginning.
(2) Based on NOS chart 11513 (22nd edition, July 12, 1997), all that area bounded by a closed line beginning at the southernmost point of Fripp Island at latitude 32° 18.40' N, longitude 080° 30.05' W; thence following the shoreline of Fripp Island to its easternmost point at latitude 32° 19.35' N, longitude 080° 27.18' W; thence southeasterly, following a straight line on a geodetic azimuth of 155 degrees, to the point one-quarter nautical mile seaward from the shoreline; thence southwesterly following a line that is one-quarter nautical mile seaward of the shoreline to the point at the intersection of said line and a straight line with a geodetic azimuth of 155 degrees from the point of beginning; thence following a straight line northwesterly to the point of beginning.
(3) Based on NOS chart 11513 (22nd edition, July 12, 1997), all that area bounded by a closed line beginning at the southernmost point of Hunting Island at latitude 32° 20.32' N, longitude 080° 27.28' W; thence following the shoreline of Hunting Island to its northernmost point at latitude 32° 23.50' N, longitude 080° 25.80' W; thence southeasterly, following a straight line on a geodetic azimuth of 100 degrees, to the point one-quarter nautical mile seaward from the shoreline; thence southwesterly following a line that is one-quarter nautical mile seaward of the shoreline to the point at the intersection of said line and the inshore trawl boundary across Fripp Inlet; thence following the inshore trawl boundary northerly to the point of beginning.
(4) Based on NOS chart 11521 (22nd edition, January 20, 1996), all that area bounded by a closed line beginning at the southernmost point (Bay Point) of Edisto Beach at latitude 32° 28.66' N, longitude 080° 20.18' W; thence following the shoreline of Edisto Beach to the point at latitude 32° 30.19' N, longitude 080° 17.78' W (nearest point on the shoreline to where S.C. Highway 174 enters the Town of Edisto Beach); thence southeasterly, following a straight line on a geodetic azimuth of 145 degrees, to the point one-half nautical mile seaward from the shoreline; thence southwesterly and northerly following a line that is one-half mile seaward of the shoreline to the point at the intersection of said line and the inshore trawl boundary across the South Edisto River; thence following the inshore trawl boundary easterly to the point of beginning.
(5) Based on NOS chart 11521 (22nd edition, January 20, 1996), all that area bounded by a closed line beginning at the point on Edisto Beach at latitude 32° 30.19' N, longitude 080° 17.78' W (nearest point on the shoreline to where S. C. Highway 174 enters the Town of Edisto Beach); thence northeasterly following the shorelines of Edisto and Edingsville Beaches and crossing the mouth of Jeremy Inlet to the point on Edingsville Beach at latitude 32° 31.42' N, longitude 080° 16.00' W; thence southeasterly, following a straight line on a geodetic azimuth of 145 degrees, to the point one-quarter nautical mile seaward from the shoreline; thence southwesterly following a line that is one-quarter nautical mile seaward of the shoreline to the point at the intersection of said line and a straight line with a geodetic azimuth of 145 degrees from the point of beginning; thence following a straight line northwesterly to the point of beginning.
(6) Based on NOS chart 11521 (22nd edition, January 20, 1996), all that area bounded by a closed line beginning at the southernmost point of Seabrook Island at latitude 32° 33.55' N, longitude 080° 10.50' W; thence following the shorelines of Seabrook Island and Kiawah Island and crossing the mouth of Captain Sam's Inlet to the point on Kiawah Island (Sandy Point) at latitude 32° 37.18' N, longitude 079° 59.65' W; thence southerly, following a straight line on a geodetic azimuth of 180 degrees, to the point one-quarter nautical mile seaward from the shoreline; thence southwesterly and northwesterly following a line that is one-quarter nautical mile seaward of the shoreline to the point at the intersection of said line and the inshore trawl boundary crossing the North Edisto River; thence following the inshore trawl boundary easterly to the point of beginning.
(7) Based on NOS chart 11521 (22nd edition, January 20, 1996), all that area bounded by a closed line beginning at the southernmost point of Folly Island at latitude 32° 3
