reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-997. Shellfish mariculture permittees; out-of-season harvest permits.

(A) The department may issue an out-of-season harvest permit to a Shellfish Mariculture permittee for the privilege of harvesting or selling maricultured shellfish out of season. The department may consider a permittee's past compliance with the provisions of this chapter in making its determination to issue an out-of-season harvest permit.
(B) In order to obtain an out-of-season harvest permit, a mariculture permittee must provide the following to the department:
(1) a shellfish operations plan that meets requirements established by regulations promulgated by the South Carolina Department of Health and Environmental Control pursuant to Section 44-1-140; and
(2) a list of authorized harvesters and wholesale dealers that will possess the permittee's out-of-season shellfish.
(C) Out-of-season harvest permits issued pursuant to this section may include conditions related to:
(1) harvest times and harvest areas;
(2) species;
(3) testing;
(4) reporting, record keeping, and inspection requirements;
(5) genetic strains including ploidy;
(6) tagging;
(7) authorized harvesters; and
(8) protection of the natural resources of this State.
(D) An authorized harvester acting under the provisions of a permittee's out-of-season harvest permit must first complete any shellfish training required by regulations promulgated by the South Carolina Department of Health and Environmental Control pursuant to Section 44-1-140. A Mariculture permittee must ensure that an authorized harvester acting under the permittee's out-of-season harvest permit abides by the conditions of the permit, receives proper training, and holds all required permits and licenses.
(E) The department may suspend or revoke a mariculture permittee's out-of-season harvest permit for a violation of a permit condition by the permittee or by an authorized harvester of the permittee. The filing of a judicial appeal does not act as an automatic stay of enforcement of the out-of-season permit suspension or revocation.
HISTORY: 2017 Act No. 30 (S.465), Section 5, eff May 10, 2017.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1000. Wholesale seafood dealer prohibited from purchasing from unlicensed fisherman or dealer; maintenance of records; penalties.

(A) It is unlawful for any wholesale seafood dealer to purchase shellfish produced, taken, or landed in this State from anyone who is not either:
(1) a properly licensed and permitted commercial saltwater fisherman; or
(2) a properly licensed wholesale seafood dealer.
(B) The wholesale seafood dealer must maintain a record of all purchases of shellfish produced, taken, or landed in this State including the name and address of the person from whom purchased, the area where harvested, the type of shellfish purchased, the dates of harvest and purchase, and the commercial saltwater fisherman's license number. The record must be available for inspection by any law enforcement officer or department personnel for one year after the date of sale.
(C) Any licensed wholesale seafood dealer who violates this section 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 and must have his saltwater privileges suspended for twelve months.
HISTORY: 2000 Act No. 245, Section 5.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1005. Shellfish importation permits; conditions; penalties.

(A)(1) The department may grant permits to persons to import molluscan shellfish, shellfish tissues, or shells into this State.
(2) No molluscan shellfish, shellfish tissues, or shells may be imported into this State and placed in waters in this State except under the provisions of a shellfish importation permit.
(B)(1) The department may grant permits to persons to possess, produce, purchase, or sell polyploid shellfish.
(2) No polyploid shellfish, may be placed in the waters of this State or waters connected to the waters of this State, except under the provisions of a permit issued by the department.
(C) Permits issued pursuant to this section may include conditions related to:
(1) the type or species of mollusks to be imported;
(2) testing;
(3) ancillary species attached to or associated with the species to be imported;
(4) structure and placement of holding or storage facilities;
(5) placement of the product in natural waters of this State;
(6) disposal of shellfish, shellfish parts, and associated biota;
(7) treatment of effluent;
(8) biosecurity;
(9) reporting requirements; and
(10) protection of the natural resources of this State.
(D) A person who violates this section, or a condition of a permit issued pursuant to this section, is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars and not more than two thousand dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 5; 2017 Act No. 30 (S.465), Section 6, eff May 10, 2017; 2018 Act No. 176 (H.4946), Section 1, eff May 3, 2018.
Effect of Amendment
2017 Act No. 30, Section 6, rewrote the section, prohibiting the placing of genetically modified shellfish in the waters in this state except under the provisions of a permit, providing for the issuance of permits to persons who possess, produce, purchase, or sell genetically modified shellfish, and providing for the issuance of permits with conditions relating to testing, treatment of effluent, and biosecurity.
2018 Act No. 176, Section 1, in (B), in (1) and (2), deleted "genetically modified shellfish, including" preceding "polyploid shellfish".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1010. Shell removal permits; conditions; remedy in event of significant ecological perturbations; payment.

(A) The department has jurisdiction over all natural shell deposits, including oysters, clams, and other mollusks occurring upon or within state-owned bottoms, and over all shell deposits lying above mean high water if those deposits have been created by the process of accretion to state-owned lands or bottoms.
(B) The department may grant permits to remove shell from these deposits for use in shellfish cultivation and mariculture. The permits must be granted for a term not to exceed three years and must specify conditions for removal. Permits may be granted only when no significant ecological perturbations are foreseen. If permitted removal does cause significant ecological perturbations as a result of the permittee failing to abide by conditions of the permit, the permittee must restore the area to its original condition or as close to its original condition as possible. The department must specify a fixed price for each unit of shell removed. Payments for shell removed must be made by the permittee on or before the tenth day of each month for the preceding month.
HISTORY: 2000 Act No. 245, Section 5.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1015. Unlawful removal of shell; penalty.

It is unlawful to remove shell from any shell deposits under state jurisdiction except as provided by this article. 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.
HISTORY: 2000 Act No. 245, Section 5.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1020. Possession of undersized whelk of genus Busycon taken for commercial purpose prohibited.

It is unlawful to take, possess, sell, or purchase a living whelk (conch) of the genus Busycon of less than a size as determined by the department but not less than four inches in maximum dimension if taken or landed in this State for a commercial purpose, provided this prohibition does not apply to conchs of less than legal size taken during lawful trawling which are returned immediately to the water.
HISTORY: 2000 Act No. 245, Section 5.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1102. Persons who may not obtain or hold shrimp baiting license; penalty.

(A) Effective July 1, 2000, the following may not obtain or attempt to obtain a shrimp baiting license:
(1) any person who, or officer of a corporation which, owns a vessel specified on a trawl license;
(2) any person named as master of a vessel specified on a trawl license application;
(3) any person licensed to use a channel net;
(4) any person licensed to use a cast net for a commercial purpose; or
(5) any person who, or officer of a corporation which, is licensed as a wholesale seafood dealer.
(B) No person holding a shrimp baiting license may be a person specified in subsection (A).
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 373, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1110. Mesh size and stretch measure for shrimp cast nets.

Effective July 1, 2002, when taking shrimp over bait, no cast net may be used having a mesh size smaller than one-half inch square measure or one inch stretch measure. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 373, Section 2.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1300. Taking of sponge crabs prohibited; import permits; penalties.

(A) It is unlawful for a person to take, possess, sell, or offer for sale, any sponge crab or female crab from which the sponge has been removed. It is not unlawful to temporarily take sponge crabs incidental to lawful crabbing operations so long as the sponge crabs are returned immediately to the water without further harm.
(B) The department may grant permits to licensed wholesale seafood dealers to import and possess sponge crabs from states where taking and selling are lawful.
(C) The prohibitions of subsection (A) do not apply to the importation or sale of sponge crabs by a licensed wholesale seafood dealer who holds a permit granted under this section. 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.
HISTORY: 2000 Act No. 245, Section 7.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1305. Blue crabs; commercial taking at night prohibited; penalties.

(A) Except as provided in this section, it is unlawful for a commercial saltwater fisherman licensed to set, move, fish, retrieve, or remove catch from traps which may be used to take blue crabs; or to transport aboard a vessel more than twenty-four blue crabs or parts or products thereof, 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 inclusive; and
(2) from 7:00 p.m until 6:00 a.m the following day, local time, from September 16 through March 31 inclusive.
This prohibition does not apply to recreational fishermen using properly marked personal traps.
A vessel rigged to use a licensed trawl may have blue crabs aboard at night if taken during lawful trawling activity; however, no vessel rigged for trawling may be used to set, move, retrieve, or remove catch from crab traps.
(B) A person who violates this section 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.
HISTORY: 2000 Act No. 245, Section 7.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1310. Size limitations for blue crabs; peeler crab and clam mariculture exceptions.

(A) Except as provided in this chapter, it is unlawful for a person to take, possess, sell or offer for sale any blue crab (Callinectes sapidus) of a size smaller than five inches measured from the tip of one lateral spine across the back of the shell to the tip of the opposite lateral spine. It is not unlawful to temporarily take blue crabs of a size smaller than five inches incidental to lawful fishing operations so long as the undersized crabs are returned immediately to the water without further harm. A person 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.
(B) Any licensed commercial saltwater fisherman licensed to harvest blue crabs may harvest or transport peeler crabs of less than five inches but must first obtain a written acknowledgment from a licensed peeler crab dealer in a form prescribed by the department stating that the peeler crab dealer will accept peeler crabs from the licensed commercial saltwater fisherman. The acknowledgment must be dated and is not effective beyond ninety days from the date thereon. A licensed commercial saltwater fisherman must deliver undersized peeler blue crabs only to licensed peeler crab dealers from whom he has received the written acknowledgment. A licensed commercial saltwater fisherman 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 imprisonment for not more than thirty days.
(C) The department may issue permits to persons engaged in clam mariculture for the capture, temporary possession, and transport of blue crabs or stone crabs of any size. The permittee must return all captured stone crabs and sublegal blue crabs alive to water of comparable salinity. A permittee using more than two traps may retain legal size blue crabs and stone crab claws only if licensed as a commercial saltwater fisherman and licensed to use traps.
HISTORY: 2000 Act No. 245, Section 7.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1315. Importation of undersize blue crabs; penalties.

It is lawful for licensed wholesale seafood dealers to import blue crabs of less than the minimum size specified in this article when permitted by the department. Each shipment of imported blue crabs must have with it a bill of sale or other documentation dated no earlier than three days preceding the shipment from a licensed commercial saltwater fisherman or seafood dealer in the jurisdiction of origin verifying the crabs were lawfully taken. Any licensed wholesale seafood dealer who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisonment for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 7.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1320. Identification of vessels taking blue crabs by trap; buoy colors; penalty.

(A) Any vessel used in aid of taking blue crabs by trap or transporting live blue crabs taken by traps for commercial purposes must display crab trap identification numbers assigned by the department as authorized in Article 5 of this chapter. The numbers must be displayed permanently and conspicuously on the outside of the hull on both the port and starboard sides of the vessel near midships. Individual letters and numerals must be no less than eight inches in height and six inches in width and of a color contrasting that of the hull. An unobstructed circle no less than eight inches in diameter, in a contrasting color must be displayed next to the trap identification number. The circle must consist of any one or two colors, other than black or yellow, which match the color or color combination utilized on the buoys of the crab traps being used. If two colors are used, each must cover one-half of the circle. Colors must be of such hue and brilliance as to be easily distinguished and seen.
The department may approve and require crab fishermen to register color choices.
(B) 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.
HISTORY: 2000 Act No. 245, Section 7.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1325. Stone crabs; claw size, removal and sale limitations; penalty.

(A) It is unlawful to take or possess a stone crab or stone crab parts except as provided herein.
(B) A stone crab having two claws may be temporarily taken for removal of the larger claw provided the larger claw is two and three-fourths inches in length or larger measured by a straight line from the elbow to the tip of the lower immovable claw finger, and the crab must be returned immediately to the water.
(C) It is unlawful to possess a female stone crab bearing visible eggs or to remove visible eggs or either claw from a female stone crab bearing visible eggs.
(D) It is unlawful to possess, sell, or offer for sale any stone crab claw which has a forearm (propodus) of less than the size provided in subsection (B).
(E) 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.
HISTORY: 2000 Act No. 245, Section 7.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1330. Horseshoe crab permits, taking and handling requirements; penalty.

(A) Taking or possessing horseshoe crabs (Limulus polyphemus) is unlawful except under permit granted by the department. A permit is not required to possess a cast off or molted shell (exoskeleton) of a horseshoe crab.
(B) The department may permit the taking or possession of horseshoe crabs. Permits granted under this section may include provisions as to lawful fishing areas; minimum size requirements for horseshoe crabs; mesh size and dimensions of nets and other harvesting devices; by catch requirements; fishing times or periods; catch reporting requirements; holding facilities, conditions, and periods; and other conditions the department determines.
(C) Horseshoe crabs from which blood is collected for production of amebocyte lysate may be held in facilities approved by the department and must be handled so as to minimize injury to the crab. Horseshoe crabs collected in this State must be returned unharmed to state waters of comparable salinity and water quality as soon as possible after bleeding unless subsequent retention is permitted.
(D) The taking of horseshoe crabs incidentally during legal fishing operations does not violate this section if the crabs are returned immediately to the water unharmed.
(E) The department may grant permits to institutions and persons engaged in science instruction or curation to possess horseshoe crabs or parts thereof for such purposes, and permittees are not required to be licensed under this chapter.
(F) No horseshoe crab collected in South Carolina may be removed from this State.
(G) A person who violates this section or a condition of a permit issued hereunder 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. Each horseshoe crab or part thereof in violation is a separate offense.
HISTORY: 2000 Act No. 245, Section 7; 2002 Act No. 342, Section 51; 2013 Act No. 7, Section 8, eff March 22, 2013.
Effect of Amendment
The 2013 amendment, in subsection (A), added the second sentence, regarding possession of a molted shell; and in subsection (E), deleted "no more than five" following "to possess".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1335. Use of blue crab traps in certain locations.

It is unlawful to set a trap used for taking blue crab for commercial purposes within these waters of the State:
(1) Pawley's Island Creek and Midway Creek on Pawley's Island in Georgetown County;
(2) one hundred fifty feet of the mean low tide watermark on Atlantic Ocean shoreline of Pawley's Island in Georgetown County;
(3) DeBordieu Creek and its tributaries and distributaries above the entrance to Bass Hole Creek and seaward of the causeways of Luvan Boulevard in Georgetown County;
(4) the Sampit River above a line connecting the point on the eastern shoreline of Sampit River at its confluence with Winyah Bay at latitude 33° 21.08' N, longitude 79° 16.71' W and the point on the western shoreline of Winyah Bay generally south of its confluence with Sampit River at latitude 33° 20.68' N, longitude 79° 16.90' W in Georgetown County; and
(5) Little Chechessee Creek in Beaufort County.
HISTORY: 2000 Act No. 245, Section 22; 2002 Act No. 247, Section 1; 2003 Act No. 60, Section 6; 2013 Act No. 7, Section 9, eff March 22, 2013.
Effect of Amendment
The 2013 amendment, in the introductory paragraph, substituted "set a trap used for taking blue crab" for "set or use a blue crab trap".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1340. Repealed by 2012 Act No. 7, Section 12, March 22, 2013.

Editor's Note
Former Section 50-5-1340 was entitled "Commercial use of crab pots in Little Chechessee Creek in Beaufort County prohibited" and was derived from 2001 Act No. 70, Section 2.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1500. Regulation of devices for taking shad, herring, or eels.

(A) This article governs specific diadromous fisheries in both freshwaters and salt waters.
(B) The department may restrict the number of devices for taking shad, herring, or eels in any body of water because of statutory limitations on placement of devices or to prevent congestion of devices or watercraft or for conservation purposes. The department may grant permits to commercial saltwater or commercial freshwater fishermen for this purpose. Permits may be limited in number and may be conditioned so as to designate areas, size, and take limits, hours, type, and amount of equipment, and catch reporting requirements.
HISTORY: 2000 Act No. 245, Section 8; 2010 Act No. 200, Section 4, eff May 28, 2010.
Effect of Amendment
The 2010 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1505. Taking of shad, herring, or sturgeon.

The department must monitor the various drainage basins and water bodies of this State and may promulgate regulations to set seasons, take (catch) and size limits, areas, methods, times, equipment requirements, and catch reporting requirements for taking of shad, herring, and sturgeon as needed for proper management in each basin or water body as a zone. It is unlawful to take or attempt to take shad, herring, or sturgeon except as authorized by this article. It is unlawful to possess more than the legal limit of shad, herring, or sturgeon.
HISTORY: 2000 Act No. 245, Section 8; 2001 Act No. 5, Section 1; 2001 Act No. 12, Section 1; 2001 Act No. 20, Sections 1, 2; 2002 Act No. 183, Sections 1, 2; 2002 Act No. 342, Section 32.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1508. Zones, seasons, times, catch limits, size limits, methods, and equipment for taking sturgeon.

In addition to other provisions of law, the following provisions govern seasons, times, methods, equipment, size limits, and take limits in fishing for Atlantic sturgeon in the waters of this State:
(a) Territorial sea:
Season: No open season.
(b) Internal waters:
Season: No open season.
HISTORY: 2002 Act No. 342, Section 35.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1515. Shad hook and line catch limits.

(A) Except as provided in this section, a person taking or attempting to take shad by cast net, skim-bow net, or by hook and line including rod and reel may take or possess no more than an aggregate of ten American and hickory shad in any one day.
(B) A person taking or attempting to take shad by hook and line including rod and reel in the Santee River may take or possess no more than an aggregate of twenty American and hickory shad in any one day.
(C) No shad taken by cast net, skim-bow net, or by hook and line including rod and reel may be sold, offered for sale, or purchased. In freshwaters, a person must hold a freshwater fishing license.
HISTORY: 2000 Act No. 245, Section 8; 2000 Act No. 401, Section 1; 2002 Act No. 342, Section 37.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1520. Herring catch limits.

A person not licensed as a commercial saltwater fisherman taking or attempting to take herring by cast net or by hook and line, including rod and reel, may take or possess no more than an aggregate of one bushel of herring in any one day. In freshwaters, a person must hold a freshwater fishing license.
HISTORY: 2000 Act No. 245, Section 8.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1525. Unlawful taking of Atlantic sturgeon; penalties.

(A) Any sturgeon taken during the closed season or in closed areas or with unauthorized equipment must be released immediately back into the waters where taken.
(B) A person taking or possessing any Atlantic sturgeon or any part or product thereof, except as allowed by regulations set by the department, 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.
(C) A person taking or possessing for a commercial purpose, buying, or selling any Atlantic sturgeon or any part or product thereof, except as allowed by regulations set by the department, is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars and not 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.
HISTORY: 2000 Act No. 245, Section 8.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1530. Receiving Atlantic sturgeon; record keeping requirements; penalties.

A person who receives Atlantic sturgeon or any part or product thereof other than at retail or for consumption must maintain records for a period of no less than one year. Records must include:
(1) the number and weight of sturgeon received;
(2) the type and amount of part or product received;
(3) the names and addresses of persons from whom received; and
(4) the names and addresses of persons to whom sold at wholesale.
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 and the person's or entity's privilege to hold the wholesale seafood dealer license must be suspended for six months.
HISTORY: 2000 Act No. 245, Section 8.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1535. Taking of shortnose sturgeon prohibited; penalty.

Notwithstanding any other provisions of law, it is unlawful for anyone to take, possess, buy, sell, or ship shortnose sturgeon (Acipenser brevirostrum) or any part or product thereof. Any shortnose sturgeon taken incidentally to fishing activity must be returned unharmed immediately to the water from where taken. A person who violates this section 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 longer than one year, and must have his saltwater privileges suspended for ten years.
HISTORY: 2000 Act No. 245, Section 8.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1540. Net placement.

(A) No shad, herring, or sturgeon net, including its cables, lines, or attached devices, either set, drift, or fished in the waters of this State may be of a length greater than one-half the normal width of the water body at the place where used, regardless of the stage of the tide, river stage, water level, or method of net deployment.
(B) No net may be:
(1) set within six hundred feet of any gill net previously set;
(2) drifted within six hundred feet of another drifting net; or
(3) placed or set within seventy-five feet of the confluence of any tributary.
(C) Nothing in this section prevents a lawfully drifted gill net from passing within six hundred feet of a lawfully anchored gill net.
HISTORY: 2000 Act No. 245, Section 8; 2002 Act No. 342, Section 38.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1545. Removal of nets during off times and periods; penalties.

(A) During times and periods when taking of shad by net is not allowed, any net which could be used for taking shad must be removed from the waters.
(B) During times and periods when taking of herring by net is not allowed, any net which could be used for taking herring must be removed from the waters.
(C) During times and periods when taking of sturgeon by net is not allowed, any net which could be used for taking sturgeon must be removed from the waters.
(D) Any nonmesh, net-related fishing apparatus, including leads, cables, anchors, signs, and buoys must be removed from the waters and banks of the streams or water courses no later than three days after the close of the respective season. Any net or part thereof, including leads, cables, anchors, signs, and buoys found in violation of this section is contraband and must be seized and disposed of as provided by law.
(E) Anchors with attached line and buoys may remain in lawful waters during weekly closed periods of the open season.
(F) A person leaving a net or any part thereof, including any cables, leads, or anchors, 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.
HISTORY: 2000 Act No. 245, Section 8.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1550. Seizure of net or seine containing decomposed fish.

Any net or seine set in the waters of this State which contains decomposed fish is contraband and must be seized and disposed of as provided in this chapter.
HISTORY: 2000 Act No. 245, Section 8.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1555. Commercial eel taking permits; conditions; penalty.

(A) The department may grant permits to licensed commercial saltwater or freshwater fishermen to engage in the fishery for eels in the waters of this State for commercial purposes. A person taking American eels for commercial purposes must first acquire a permit from the department.
(B) Permits granted under this section may be limited in number and may be conditioned so as to designate seasons, size limits, take or catch limits, hours, areas, fishing methods, type and amount of equipment, and catch reporting requirements.
(C) The department may define an approved fyke net for the taking of eels in the waters of this State and may permit and limit its use by means of permits granted under this section.
(D) A person who takes or attempts to take eels for a commercial purpose without first acquiring an eel permit 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.
HISTORY: 2000 Act No. 245, Section 8.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1556. Striped bass.

(A) In the inshore waters, except for that portion of the Savannah River from the saltwater-freshwater dividing line downstream to the mouth of the Savannah River defined by a line from Jones Island, S.C. (also known as Oysterbed Island) point at N. 32° 02' 18" (N 32.03833°), W. 80° 53' 21" (W 80.88917°); across Cockspur Island, Georgia, point at N. 32° 01' 58" (N 32.03278°), W. 80° 52' 56" (W 80.88222°) to Lazaretto Creek, Georgia, point at N. 32° 01' 2" (N 32.01722°), W. 80° 52' 51" (W 80.88083°), and the territorial sea from June sixteenth through September thirtieth, it is unlawful to possess any striped bass (rockfish). Any striped bass taken must be returned immediately to the waters from where it came.
(B) In the inshore waters, except for that portion of the Savannah River from the saltwater-freshwater dividing line downstream to the mouth of the Savannah River defined by a line from Jones Island, S.C. (also known as Oysterbed Island) point at N. 32° 02' 18" (N 32.03833°), W. 80° 53' 21" (W 80.88917°); across Cockspur Island, Georgia, point at N. 32° 01' 58" (N 32.03278°), W. 80° 52' 56" (W 80.88222°) to Lazaretto Creek, Georgia, point at N. 32° 01' 2" (N 32.01722°), W. 80° 52' 51" (W 80.88083°), and the territorial sea from October first through June fifteenth it is unlawful to:
(1) take or possess more than three striped bass per day;
(2) take any striped bass less than twenty-six inches in length; or
(3) land any striped bass without the head and tail fin intact.
HISTORY: 2010 Act No. 193, Section 1, eff May 28, 2010; 2018 Act No. 164 (H.3698), Section 2, eff May 3, 2018.
Effect of Amendment
2018 Act No. 164, Section 2, in (A), in the first sentence, substituted "June sixteenth" for "June first"; in (B), substituted "June fifteenth" for "May thirty-first"; and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1557. Shad, herring, or eel sale requirements.

A commercial fisherman who sells shad, herring, or eels must sell to either a licensed wholesale seafood dealer or a licensed bait dealer or must be licensed as a wholesale seafood dealer or bait dealer.
HISTORY: 2010 Act No. 200, Section 5, eff May 28, 2010.
Code Commissioner's Note
At the direction of the Code Commissioner, this section was renumbered from 50-5-1557 to accommodate the new section added by 2010 Act No. 193, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1560. Penalty for offense for which no penalty prescribed; seizure and disposal of equipment.

(A) A person who violates a provision of this article must be punished as directed by the individual sections. If no penalty is prescribed, the person 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) In addition, the department must seize any boat, boat trailer, engine, net, rigging, related equipment, and catch of a person charged with a violation pertaining to setting nets in proximity to navigation jetties. Upon conviction, seized items are forfeited to the State and become contraband and must be disposed of as provided in this chapter.
HISTORY: 2000 Act No. 245, Section 8; 2002 Act No. 342, Section 39.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1700. Taking of saltwater game fish; importation by wholesale or retail seafood dealer of red drum or spotted seatrout.

(A) It is unlawful to sell, purchase, trade, or barter or attempt to sell, purchase, trade, or barter saltwater gamefish in this State regardless of where taken except as provided in this chapter.
(B) It is unlawful to take or attempt to take saltwater gamefish in the waters of this State, except by:
(1) hand-held hook and line which includes rod and reel and pole; or
(2) gigging during legal periods.
Any saltwater gamefish taken by any other means must be returned immediately to the water.
(C) It is unlawful for a person to have in possession a saltwater gamefish while fishing or transporting a seine or a gill net or other commercial fishing equipment. A saltwater gamefish caught in the net or commercial fishing equipment must be returned to the water immediately.
(D) A wholesale or retail seafood dealer or other business may import cobia, red drum, or spotted seatrout from another state or country where the taking and sale of the fish is lawful. A copy of the bill of sale, bill of lading, or other proof of origin for each lot or shipment of the fish must accompany any fish resold and must be in the possession of the person or business offering imported cobia, red drum, or spotted seatrout for sale until it is sold to the ultimate consumer and must be retained by any seller for a period of one year.
(E) It is unlawful to sell, purchase, trade, or barter or attempt to sell, purchase, trade, or barter cobia taken from state waters.
HISTORY: 2000 Act No. 245, Section 9; 2012 Act No. 249, Section 2, eff June 18, 2012.
Effect of Amendment
The 2012 amendment inserted "cobia," throughout subsection (D) and made other, nonsubstantive, changes; and, inserted subsection (E).
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1707. Repealed by 2009 Act No. 47, Section 1, eff June 2, 2009.

Editor's Note
Former Section 50-5-1707 was entitled "Shark catch limits" and was derived from 2003 Act No. 7, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1711. Repealed by 2007, Act No. 85, Section 4, eff June 15, 2007.

Editor's Note
Former Section 50-5-1711 was entitled "Limits on taking, possessing or selling dolphins and mahimahi; harvest, possession or sale of Sargassum; penalties" and was derived from 2000 Act No. 320, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1713. Cobia limits established.

(A) The following limits to cobia (Rachycentron canadum) are:
(1) one per person per day and no more than three per boat per day taken or possessed recreationally within the Southern Cobia Management Zone from June first to April thirtieth subject to a minimum size requirement of thirty-six inches in fork length. It is unlawful to take or possess cobia in the Southern Cobia Management Zone from May first to May thirty-first;
(2) one per person per day and no more than six per boat per day taken or possessed recreationally in the waters of this State outside of the Southern Cobia Management Zone subject to a minimum size requirement of thirty-six inches in fork length;
(3) two per licensed commercial fisherman per day and no more than six per boat per day taken or possessed commercially subject to a minimum size requirement of thirty-three inches in fork length.
(B) It is unlawful to sell cobia taken from the waters of this State. All cobia taken commercially from waters outside of this State must be sold to a licensed wholesale dealer who also is a federally permitted dealer.
(C) It is unlawful to take or possess cobia when federal regulations provide for the closure of the recreational or commercial cobia fishery in the waters of the South Atlantic Ocean.
HISTORY: 2021 Act No. 15 (H.3684), Section 1, eff April 12, 2021.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1715. Penalties.

A person who violates this article 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 pay restitution to the department. Each fish taken, possessed, sold, offered for sale, purchased, or attempted to be sold, purchased, brought to the dock, or landed in violation of this article is a separate offense.
HISTORY: 2000 Act No. 245, Section 9; 2002 Act No. 342, Section 52.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1905, 50-5-1910. Repealed by 2009 Act No. 15, Section 10, eff July 1, 2009.

Editor's Note
Former Section 50-5-1905 was entitled "Definitions" and was derived from 2000 Act No. 245, Section 10.
Former Section 50-5-1910 was entitled "Individual saltwater recreational fisheries stamp; charter fishing licenses; penalties" and was derived from 2000 Act No. 245, Section 10; 2000 Act No. 370, Section 5; 2002 Act No. 178, Section 2.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1915. Charter fishing vessel and public pier logs; penalties.

(A) Charter fishing vessels shall maintain a log of the number of persons carried each day, number of hours engaged in fishing, number of fish by species caught each day and other information considered necessary by the department. The logs must be submitted to the department monthly by the tenth day of the following month.
A person licensed to operate a charter fishing vessel who fails to maintain or submit a log as required 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 a subsequent charter fishing vessel license must not be issued until the requirements of this subsection are met.
(B) Public fishing piers shall maintain a log of the number of persons fishing from that structure each day. The logs must be submitted to the department monthly by the tenth day of the following month as prescribed or approved by the department. An owner or operator 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 and a subsequent license must not be issued until the requirements of this subsection are met.
HISTORY: 2000 Act No. 245, Section 10; 2002 Act No. 342, Section 40; 2009 Act No. 15, Section 6, eff July 1, 2009.
Effect of Amendment
The 2009 amendment, in subsection (A), in the second sentence of the first paragraph substituted "to the department monthly by the tenth day of the following month" for "as prescribed or approved by the department"; and, in subsection (B), in the first sentence added "to the department monthly by the tenth day of the following month" and in the second sentence substituted "An owner or operator" for "A person" and "five hundred dollars" for "two hundred dollars".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1920, 50-5-1925. Repealed by 2009 Act No. 15, Section 10, eff July 1, 2009.

Editor's Note
Former Section 50-5-1920 was entitled "Saltwater recreational fisheries licenses; saltwater public fishing pier licenses; charter vessel licenses; fees" and was derived from 2000 Act No. 245, Section 10; 2000 Act No. 370, Section 6; 2002 Act No. 178, Section 3.
Former Section 50-5-1925 was entitled "Individuals exempt from purchase of stamp" and was derived from 2000 Act No. 245, Section 10; 2000 Act No. 370, Section 7.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1930. Reciprocal recognition of recreational fisheries licenses issued by other coastal states.

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.
HISTORY: 2000 Act No. 245, Section 10; 2000 Act No. 370, Section 8; 2002 Act No. 178, Section 4.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1935. Commemorative stamps authorized.

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.
HISTORY: 2000 Act No. 245, Section 10; 2000 Act No. 370, Section 9; 2002 Act No. 178, Section 5.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1940. Creation and design of stamps, licenses, prints, and related articles.

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.
HISTORY: 2000 Act No. 245, Section 10; 2002 Act No. 178, Section 6.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1945. Repealed by 2009 Act No. 15, Section 10, eff July 1, 2009.

Editor's Note
Former Section 50-5-1945 was entitled "Use of revenue from sale of stamps, licenses, prints, and related articles" and was derived from 2000 Act No. 245, Section 10; 2000 Act No. 370, Section 10.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-1950. Saltwater Recreational Fisheries Advisory Committee established; composition; compensation; term.

(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 at-large 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.
(B) The members in subsection (A)(2) and (3) shall represent the saltwater recreational fishing community.
(C) Committee members shall be paid the usual mileage, subsistence, and per diem as prescribed by law for members of state boards, commissions, and committees to be paid from revenues from the sale of stamps, licenses, prints, and related articles.
(D) The terms of members in subsection (A)(2) and (3) are for four years and are limited to two consecutive terms. Vacancies shall be filled for the remainder of the unexpired term in the manner of original appointment.
HISTORY: 2000 Act No. 245, Section 10; 2000 Act No. 370, Section 11; 2002 Act No. 178, Section 7.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-2017. Repealed by 2010 Act No. 140, Section 3, eff March 31, 2010.

Editor's Note
Former Section 50-5-2017 was entitled "Flounder Population Study Program; catch limits" and was derived from 2009 Act No. 47, Section 3.