BIL: 3361
RTN: 188
ACN: 178
TYP: General Bill GB
INB: House
IND: 20010125
PSP: Scarborough
SPO: Scarborough, Simrill, Altman, Campsen, Coates, Hinson, Law, Limehouse, Littlejohn, Loftis, Merrill, Owens, Perry, Sinclair, Snow, Talley, Taylor and Thompson
DDN: l:\council\bills\swb\5041djc01.doc
DPB: 20020213
LAD: 20020212
GOV: U Became law without signature of Governor
DGA: 20020306
SUB: Dolphin or porpoise, unlawful to interfere with well-being of without federal permit; Fish and Game, Natural Resources
HST:
Body Date Action Description Com Leg Involved
______
------20020311 Act No. A178
------20020306 Unsigned, became law without
signature of Governor
------20020227 Ratified R188
Senate 20020213 Concurred in House amendment,
enrolled for ratification
House 20020213 Read third time, sent to Senate
House 20020212 Amended, read second time
------20020207 Scrivener's error corrected
House 20020206 Committee report: Favorable with 20 HANR
amendment
House 20010605 Recommitted to Committee 20 HANR
------20010604 Scrivener's error corrected
Senate 20010601 Read third time, returned to
House with amendment
Senate 20010531 Amended, read second time,
unanimous consent for third
reading on Friday, 20010601
Senate 20010419 Committee report: Favorable 07 SFGF
Senate 20010404 Introduced, read first time, 07 SFGF
referred to Committee
House 20010404 Read third time, sent to Senate
House 20010403 Amended, read second time
House 20010328 Committee report: Favorable with 20 HANR
amendment
House 20010125 Introduced, read first time, 20 HANR
referred to Committee
Versions of This Bill
Revised on 20010328
Revised on 20010403
Revised on 20010420
Revised on 20010531
Revised on 20010604
Revised on 20020206
Revised on 20020207
Revised on 20020212
TXT:
(A178, R188, H3361)
AN ACT TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5052517, SO AS TO PROVIDE THAT, EXCEPT WHEN AUTHORIZED BY A FEDERAL PERMIT, IT IS UNLAWFUL FOR ANY PERSON TO CATCH, ATTEMPT TO CATCH, FEED, FEED BY HAND, MOLEST, INJURE, KILL, ANNOY, HARASS, OR INTERFERE WITH THE NORMAL ACTIVITY AND WELLBEING OF ANY MAMMALIAN DOLPHIN OR PORPOISE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 5051910, AS AMENDED, RELATING TO SALTWATER RECREATIONAL FISHING STAMPS AND LICENSES, SO AS TO PROVIDE THAT NO PERSON SIXTEEN YEARS OF AGE OR OLDER MAY ENGAGE IN FISHING FOR RECREATION IN SOUTH CAROLINA SALT WATERS WITHOUT A SALTWATER RECREATIONAL FISHERIES LICENSE OR A TEMPORARY SALTWATER RECREATIONAL FISHERIES LICENSE; TO AMEND SECTION 5051920, AS AMENDED, RELATING TO CERTAIN FISHING STAMPS AND LICENSES, SO AS TO REVISE THE SECTION AND PROVIDE FOR THE ANNUAL AND TEMPORARY RESIDENT AND NONRESIDENT SALTWATER RECREATIONAL FISHING LICENSES, ANNUAL SALTWATER PUBLIC FISHING PIER LICENSES, ANNUAL CHARTER FISHING VESSEL LICENSES, AND FOR THE USE OF REVENUE ATTRIBUTABLE TO CERTAIN LICENSE FEE INCREASES BEGINNING JULY 1, 2002; TO AMEND SECTION 5051930, AS AMENDED, RELATING TO RECOGNITION OF CERTAIN STAMPS ISSUED BY OTHER STATES, SO AS TO PROVIDE THAT, IF A COASTAL STATE WHICH HAS OR ESTABLISHES A SALTWATER RECREATIONAL FISHERIES LICENSE RECOGNIZES THE VALIDITY OF A SOUTH CAROLINA SALTWATER RECREATIONAL FISHERIES LICENSE, SOUTH CAROLINA MUST RECOGNIZE THE VALIDITY OF A CORRESPONDING LICENSE HELD BY RESIDENTS OF THAT STATE; TO AMEND SECTION 5051935, AS AMENDED, RELATING TO COMMEMORATIVE STAMPS, SO AS TO PROVIDE THAT STAMPS PRODUCED AND SOLD AS COMMEMORATIVE OR COLLECTORS ITEMS DO NOT AUTHORIZE RECREATIONAL FISHING; TO AMEND SECTION 5051940, RELATING TO CREATION AND DESIGN OF STAMPS, LICENSES, PRINTS, AND RELATED ARTICLES, BY DELETING “SHALL” AND INSERTING “MAY” SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY CREATE AND DESIGN STAMPS, LICENSES, SALTWATER RECREATIONAL FISHERIES PRINTS, AND RELATED ARTICLES; AND TO AMEND SECTION 5051950, RELATING TO THE SALTWATER RECREATIONAL FISHERIES ADVISORY COMMITTEE, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMITTEE BY ADDING ONE MEMBER EACH FROM DORCHESTER AND BERKELEY COUNTIES.
Be it enacted by the General Assembly of the State of South Carolina:
Catching, feeding, molesting, injuring, or killing mammalian dolphin or porpoise, unlawful; penalties
SECTION 1. Article 23, Chapter 5, Title 50 of the 1976 Code is amended by adding:
“Section 5052517. Except when authorized by a federal permit, it is unlawful for any person to catch, attempt to catch, feed, feed by hand, kill, or harass any mammalian dolphin or porpoise. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred fifty dollars nor more than one thousand dollars or imprisoned for not more than thirty days, or both.”
Saltwater recreational fisheries licenses
SECTION 2. Section 5051910(A) of the 1976 Code, as last amended by Act 370 of 2000, is further amended to read:
“(A) Except as otherwise provided, no person sixteen years of age or older may engage in fishing for recreation in South Carolina salt waters without:
(1) a saltwater recreational fisheries license; or
(2) a temporary saltwater recreational fisheries license.”
Annual, temporary, resident, and nonresident saltwater recreational fishing licenses; saltwater public fishing pier licenses, charter fishing vessel licenses; fees
SECTION 3. Section 5051920 of the 1976 Code, as last amended by Act 370 of 2000, is further amended to read:
“Section 5051920. (A) For the privilege of fishing for recreation in the salt waters of this State:
(1) a resident must purchase an annual saltwater recreational fisheries license for ten dollars; and
(2) a nonresident must purchase an annual saltwater recreational fisheries license for thirtyfive dollars.
(B) In lieu of obtaining an annual saltwater recreational fisheries license:
(1) a resident may purchase a temporary saltwater recreational fisheries license valid for any fourteen specified consecutive days for five dollars; and
(2) a nonresident may purchase a temporary saltwater recreational fisheries license valid for any fourteen specified consecutive days for eleven dollars.
(C) The agent who issues any license provided in (A) or (B) may retain one dollar for each license issued, and the balance must be paid to the department.
(D) For the privileges afforded a person holding a temporary fisheries license, such person need not first acquire an annual saltwater recreational fisheries license.
(E) For the privilege of operating a public fishing pier in the salt waters of this State the owner or operator must purchase an annual saltwater public fishing pier license for one hundred fifty dollars for a pier one hundred feet or less in total length or three hundred fifty dollars for a pier greater than one hundred feet in total length.
(F) For the privilege of operating a charter fishing vessel in the salt waters of this State the owner or operator must purchase an annual charter fishing vessel license for one hundred fifty dollars for vessels licensed to carry six or fewer passengers, two hundred fifty dollars for vessels licensed to carry seven to fortynine passengers, and three hundred fifty dollars for vessels licensed to carry more than fortynine passengers. Provided, the annual fee for the issuance of the license is forty dollars if the vessel carries only the passengers who hire the vessel.
(G) The licenses must be made available throughout this State by the department or its authorized agents and must be issued for the time prescribed in Section 50920.
(H) Revenue attributable to the fee increase beginning July 1, 2002, must be used for Section 5051945(A)(1),(2), and (3) activities only.”
Recognition of stamps issued by other states
SECTION 4. Section 5051930 of the 1976 Code, as last amended by Act 370 of 2000, is further amended to read:
“Section 5051930. If a coastal state which has or establishes a saltwater recreational fisheries license recognizes through statute, regulation, or reciprocal agreement the validity of a South Carolina saltwater recreational fisheries license within its boundaries, South Carolina must recognize the validity of a corresponding license held on his person by residents of that state.”
Commemorative stamps authorized, commemorative or collectors items do not authorize recreational fishing
SECTION 5. Section 5051935 of the 1976 Code, as last amended by Act 370 of 2000, is further amended to read:
“Section 5051935. The department may produce stamps as commemorative or collectors items which must be sold for not less than five dollars and fifty cents. The stamp does not authorize recreational fishing. The proceeds must be retained by the department.”
Creation and design of stamps, licenses, saltwater recreational fisheries prints, and related articles
SECTION 6. Section 5051940 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
“Section 5051940. The department may create and design the stamp and license and develop saltwater recreational fisheries prints and related articles. The department is responsible for the administration, sale, and distribution of the stamps, licenses, prints, and related articles.”
Saltwater recreational fisheries advisory committee; membership
SECTION 7. Section 5051950(A) of the 1976 Code, as added by Act 245 of 2000, is amended to read:
“(A) A Saltwater Recreational Fisheries Advisory Committee is established to assist in prioritizing the expenditures of monies received in the special account. The committee is composed of:
(1) one member of the Board of the Department of Natural Resources to serve ex officio;
(2) two atlarge members appointed by the Governor; and
(3) one member from each of the following coastal counties appointed by a majority of the respective legislative delegations of Beaufort, Charleston, Colleton, Georgetown, Horry, Jasper, Dorchester, and Berkeley Counties.”
Time effective
SECTION 8. This act takes effect July 1, 2002.
Ratified the 27th day of February, 2002.
Became law without the signature of the Governor -- 3/6/02.
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