reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 7 - Shipwrecks And Salvage Operations › Section 54-7-650. Licenses to conduct activities affecting submerged archaeological historic or paleontological properties; recovered property.

(A) A person desiring to conduct activities pursuant to this article in the course of which submerged archaeological historic properties or paleontological properties may be removed, displaced, or destroyed shall apply to the institute for a license to conduct the activity. If the institute finds that the granting of the license is in the best interests of the State, it may grant it for the time and under the conditions the institute considers appropriate to this article.
(B) The institute may enter into agreements with licensees for the disposition of recovered submerged archaeological historic property and submerged paleontological property.
(C) The disposition may include division of the recovered property with the licensee.
(D) The division may be in value or in kind, with the institute acting as arbiter of the division in the best interests of the State and giving due consideration to the fair treatment of the licensee. Any agreement entered into by the institute must provide for the licensee to receive reasonable compensation for any recovered submerged archaeological historic property or submerged paleontological property claimed and turned over to the State.
(E) No license is required of the institute or, where submerged paleontological property is involved, the South Carolina Museum Commission, which may conduct any undertakings provided for by this article. All recovered submerged archaeological historic property and submerged paleontological property belong to the State.
(F) Any persons desiring to recover anything of value other than submerged archaeological historic property or submerged paleontological property must obtain permission from the Department of Administration under the terms the department determines.
(G) A person may not knowingly recover, collect, excavate, or disturb a submerged archaeological historic property or submerged paleontological property on submerged lands over which the State has sovereign control without a license from the institute.
(H) The institute shall issue and administer licenses for any activity involving the recovering, collecting, excavation, or disturbance of submerged archaeological historic property and submerged paleontological property on submerged lands over which the State has sovereign control.
HISTORY: 1991 Act No. 169, Section 1.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 7 - Shipwrecks And Salvage Operations › Section 54-7-660. No license required for non-disturbing inspection and study.

A person may inspect, study, explore, photograph, measure, record, conduct a reconnaissance survey, use magnetic or acoustic detection devices, or otherwise use and enjoy a submerged archaeological historic property and/or submerged paleontological property without being required to obtain a license if the use or activity does not:
(1) involve excavation, destruction, substantive injury, or disturbance of the historic property, a paleontological site, or its immediate environment;
(2) endanger other persons or property; or
(3) violate other regulations or provisions of federal, state, or local law or ordinance.
HISTORY: 1991 Act No. 169, Section 1.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 7 - Shipwrecks And Salvage Operations › Section 54-7-720. Exclusive license; delayed issuance or denial ; reconsideration.

(A)(1) The institute may approve an exclusive license application from a commercial applicant but delay issuance of the license until the following conditions have been satisfied within a time period determined by the institute:
(a) the applicant has designated and, if required, placed into escrow the costs associated with the institute's monitoring of the work undertaken, if monitoring is required by the institute;
(b) the applicant has identified and received the institute's approval of the facility proposed to conduct conservation of any recovered artifacts and fossils needing stabilization or articulation;
(c) in the case of a data recovery license, the institute and the applicant have agreed upon all issues of disposition and title to submerged archaeological historic property or submerged paleontological property which may be recovered by the applicant;
(d) the applicant has furnished the institute with a form of assurance acceptable to the institute and adequate to guarantee that if work under the license is interrupted or abandoned, the necessary archaeological and/or paleontological fieldwork, analysis, report preparation, conservation, and curation will be carried out in accordance with the research plan approved by the institute. This assurance may be in the form of escrowed funds, a letter of credit, a performance bond, or other type of assurance acceptable to the institute. The type and amount of assurance may be negotiated between the applicant and the institute, but the amount normally must be a sum equal to at least one-third the amount budgeted and approved by the institute for field recovery, unless a lesser amount is determined by the institute to be acceptable; and
(e) any other condition that the institute considers necessary to protect the integrity of submerged archaeological historic property or submerged paleontological property.
(2) The requirements of item (1) of this subsection also apply to noncommercial applicants for exclusive licenses who are seeking title to submerged archaeological historic property or submerged paleontological property, other than an agency or unit of the State.
(B) If the institute determines not to issue a license, the institute shall issue a written notice of denial.
(C)(1) An applicant may request reconsideration of a denial by submitting a written request to the institute which must be received within thirty days following the date of the institute's denial notice. The request for reconsideration must address each reason for the denial and provide documentation supporting reasons for reconsideration of the issues.
(2) Any person aggrieved by the decision of the institute may request an institute hearing.
(3) The hearing must be held and the institute's final decision issued within sixty days of the date of the hearing.
HISTORY: 1991 Act No. 169, Section 1.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 7 - Shipwrecks And Salvage Operations › Section 54-7-730. Provisions that must be shown on license issued by institute.

(A) Each license issued by the institute must contain at least the following provisions:
(1) the duration of the license;
(2) the boundaries of the area in which the work will be undertaken;
(3) a description of the scope of work to be undertaken by the licensee and, if a data recovery license, a description of the artifactual and/or paleontological materials expected to be recovered;
(4) a listing of the key personnel including the field archaeologist who will be conducting the work; and
(5) a description of the expected types of activity which must be undertaken by the licensee in order to restore the submerged lands following completion of the intensive survey or investigation.
(B) A license issued by the institute may contain provisions requiring monitoring of the license activity by a monitoring archaeologist and/or a monitoring paleontologist in order to ensure compliance with the provisions of the license and this article. These provisions, if any, must be so noted on the license.
HISTORY: 1991 Act No. 169, Section 1.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 7 - Shipwrecks And Salvage Operations › Section 54-7-760. Additional provisions pertaining to data recovery licenses.

(A) The conditions established in this section for data recovery licenses apply in addition to the terms and conditions for all licenses established in Sections 54-7-670 through 54-7-730.
(B)(1) An applicant may not be issued more than one license at a time for a single submerged archaeological historic property or submerged paleontological property unless the institute determines that the applicant is capable of carrying out all proposed activities in a manner satisfactory to the institute and that the licenses can be properly supervised and administered by the institute.
(2) The institute may issue a data recovery license for an appropriate period not to exceed one year. The licensee may request in writing renewal of the license for the same additional period. Upon application and payment of an additional fee not later than thirty days before the expiration of the license, the institute may renew a license under which work has adhered to the license if the institute finds the renewal to be in the best interest of the State.
(C)(1) In areas disturbed under license, all artifacts encountered must be recovered by the licensee, with the exception of large artifacts such as cannons, anchors, and hull remains which would require special handling, storage, and preservation. The licensee shall contact the institute when large artifacts or hull remains are involved.
(2) In areas disturbed under license, all specimens encountered must be recovered by the licensee, with the exception of fragile fossils which would require special handling, storage, and preservation or complete or partial intact skeletal remains. The licensee shall immediately contact the museum if complete or partial intact skeletal remains are found if the fossil needs special handling to insure its preservation on excavation.
HISTORY: 1991 Act No. 169, Section 1.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 7 - Shipwrecks And Salvage Operations › Section 54-7-785. Finder of wreck other than licensed salvor; share of recovery.

If the finder of a wreck is other than the licensed salvor (commercial applicant), the finder must receive twenty-five percent of the licensed salvor's share.
HISTORY: 1991 Act No. 169, Section 1.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 7 - Shipwrecks And Salvage Operations › Section 54-7-790. License not required of institute or of museum.

(A) A license is not required of the institute for any undertaking otherwise requiring a license under this article.
(B) A license is not required of the museum for any undertaking involving paleontological property otherwise required under this article.
HISTORY: 1991 Act No. 169, Section 1.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 7 - Shipwrecks And Salvage Operations › Section 54-7-800. License; suspension, revocation, or restoration; grounds for revocation; notice and hearing; appropriation of data and artifacts recovered as result of violation.

(A) The institute may suspend operations under a license at any time for just cause if it has reason to believe that the terms and provisions of a license or other applicable law or regulation are being violated. Within ten days of the suspension, the State Underwater Archaeologist or his designee shall begin investigating the facts underlying a suspension. Upon conclusion of this investigation, the State Underwater Archaeologist shall issue a written determination recommending either that the license be restored or that the license be revoked. If the State Underwater Archaeologist recommends revocation of the license, then the license shall remain suspended until the matter is resolved as provided in this section.
(B) The State Underwater Archaeologist may revoke a license for:
(1) failure to begin work under the terms of the license within the first one-third of the period of the license;
(2) failure to work diligently toward completion of the project after it has been started or failure to maintain a presence on the site if weather permits;
(3) if a licensee knowingly makes or causes to be made a false statement or report that is material to an action taken by the institute;
(4) failure to comply with any of the provisions of the license;
(5) violation of this article or any other pertinent law or regulation; or
(6) when a license has been issued based upon incorrect information, mistaken belief, or clerical error, or any other just cause as provided by this article.
(C)(1) The institute shall serve a notice of intent to revoke a license upon the licensee with a brief statement of the reasons alleged.
(2) The licensee may request a hearing within thirty days of receiving the notice by filing a written request for a hearing with the institute.
(3) The hearing must be held in accordance with Article 3, Chapter 23, Title 1, the Administrative Procedures Act.
(D) The institute or anyone authorized by the institute may appropriate any artifacts and data that have been collected or recovered as a result of a violation of this article. The appropriated artifactual materials must be managed, cared for, and administered by the institute and the appropriated paleontological materials must be managed, cared for, and administered by the museum until a hearing can be held.
HISTORY: 1991 Act No. 169, Section 1; 2002 Act No. 364, Section 9, eff September 26, 2002.
Effect of Amendment
The 2002 amendment, in subsections (A) and (B), substituted "State Underwater Archaeologist" for "State Archaeologist".
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 7 - Shipwrecks And Salvage Operations › Section 54-7-810. Penalties.

(A)(1) A person who violates any of the provisions of Section 54-7-650(G), 54-7-660, or 54-7-670 is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than fifty dollars. If a person holds a hobby license issued under these sections, the license may be revoked by the institute.
(2) Each day a violation continues constitutes a separate offense.
(B)(1) A person who violates the terms of an exclusive license to utilize a submerged archaeological historic property or paleontological property for commercial salvage or other income producing purposes issued pursuant to Section 54-7-690 is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than ten thousand dollars or imprisonment for not more than one year, or both. If the person holds a license issued under that section, the license may be revoked by the institute.
(2) Each day a violation continues constitutes a separate offense.
HISTORY: 1991 Act No. 169, Section 1; 2002 Act No. 364, Section 10, eff September 26, 2002.
Effect of Amendment
The 2002 amendment deleted subsection (B) referring to hobby licenses under Section 54-7-680 and redesignated subsection (C) as subsection (B).
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 7 - Shipwrecks And Salvage Operations › Section 54-7-815. Excavation or salvage of certain sunken warships unlawful.

Notwithstanding any other provision of law, no person may excavate or salvage any sunken warship submerged in the waters of the Atlantic ocean within three miles of the South Carolina coast where there are, or it is believed that there are, human remains without the approval of the State Department of Administration. A person violating this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or sentenced to a term of imprisonment not to exceed five years, or both.
HISTORY: 1995 Act No. 83, Section 56, eff upon approval (became law without the Governor's signature on June 7, 1995).
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 7 - Shipwrecks And Salvage Operations › Section 54-7-830. Privately-owned land not subject to Article.

Nothing in this article may be construed to limit or prohibit the use of privately-owned land by its owner or require the owner to obtain a license required by this article for any activity on his privately-owned land.
HISTORY: 1991 Act No. 169, Section 1.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 7 - Shipwrecks And Salvage Operations › Section 54-7-840. Educational program; underwater archaeologist on staff of institute.

The institute shall:
(1) establish and maintain an educational program for the training of interested members of the public in the identification, recordation, and registration of submerged archaeological historic property and certify those who have successfully completed such training; and
(2) ensure that at least one member of the staff of the institute is qualified by training and experience in the field of underwater archaeology.
HISTORY: 1991 Act No. 169, Section 1.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 7 - Shipwrecks And Salvage Operations › Section 54-7-850. Retention and use of license fees.

All license fees received by the institute pursuant to this article may be retained without regard to the fiscal year of receipt and must be used only to implement this article.
HISTORY: 1991 Act No. 169, Section 1.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 9 - Offenses Relating To Seamen › Section 54-9-10. Harboring deserting seamen or enticing them to desert.

Any person who shall be convicted of harboring deserting seamen or of inveigling or procuring them to desert any service for which they have engaged or disregard any article into which they have entered shall be held guilty of a misdemeanor and, upon trial and conviction, shall be punished by fine and imprisonment, at the discretion of the judge, not to exceed three hundred dollars' fine and three months' imprisonment. Upon a second conviction the person so offending, if the keeper of a public or lodging house for seamen, in addition to the penalty before provided, shall forfeit his license.
HISTORY: 1962 Code Section 54-352; 1952 Code Section 54-352; 1942 Code Section 1926; 1932 Code Section 1926; Cr. C. '22 Section 909; Cr. C. '12 Section 899; Cr. C. '02 Section 613; G. S. 1651; R. S. 495; 1695 (2) 119; 1836 (6) 557.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 9 - Offenses Relating To Seamen › Section 54-9-20. Magistrate may order search for harbored, secreted, or detained seamen.

In case any such seamen or any boy apprenticed on board any ship or vessel shall be harbored, secreted or detained, any magistrate, upon complaint on oath made by the master of such ship, or on his behalf, may inquire into the matter and, if he shall see fit, by warrant under his hand and seal, cause search to be made into any place wherein such seaman or apprentice may be harbored or secreted and cause such seaman or apprentice to be restored to the master of such ship.
HISTORY: 1962 Code Section 54-353; 1952 Code Section 54-353; 1942 Code Section 1927; 1932 Code Section 1927; Cr. C. '22 Section 910; Cr. C. '12 Section 900; Cr. C. '02 Section 614; G. S. 1652; R. S. 495; 1695 (2) 119; 1836 (6) 557.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 9 - Offenses Relating To Seamen › Section 54-9-30. Provisions regarding harboring deserting seamen extend to all shipping agreements.

The provisions of Sections 54-9-10 and 54-9-20 shall extend to every agreement to proceed or continue on a voyage made in this State or elsewhere by a seaman, and whether in contemplation of a voyage to be commenced in the State or elsewhere, if such agreement, at the time when any such seaman may be harbored or secreted contrary to the provisions of said sections, shall not have been fully executed and determined, but shall be of force and binding on such seaman, according to the laws of this State or of the country where it was entered into or to which the ship or vessel in which such voyage was to be made may belong.
HISTORY: 1962 Code Section 54-354; 1952 Code Section 54-354; 1942 Code Section 1928; 1932 Code Section 1928; Cr. C. '22 Section 911; Cr. C. '12 Section 901; Cr. C. '02 Section 615; G. S. 1653; R. S. 497; 1837 (6) 376.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 9 - Offenses Relating To Seamen › Section 54-9-40. Admissibility of articles of ship in evidence.

On the prosecution or trial of any indictment under the provisions of this chapter a copy of the articles of the ship or vessel, authenticated by the affidavit of the captain, sworn to before any notary public or magistrate of this State, shall be admissible in evidence and shall be sufficient to establish the fact that any seaman whose name appears subscribed thereto has signed the agreement contained in such articles until the contrary be made to appear by proof.
HISTORY: 1962 Code Section 54-355; 1952 Code Section 54-355; 1942 Code Section 1929; 1932 Code Section 1929; Cr. C. '22 Section 912; Cr. C. '12 Section 902; Cr. C. '02 Section 616; G. S. 1056; R. S. 498; 1837 (6) 577; 1850 (13) 171.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 9 - Offenses Relating To Seamen › Section 54-9-50. Evidence of masters of vessels or other transient persons may be taken de bene esse.

When any prosecution shall be commenced against any person under the provisions of this chapter providing for the punishment of harboring seamen who have deserted and it shall appear to the magistrate before whom the prosecution was commenced that the testimony of any master of a vessel or other transient person will be important on such trial, such magistrate may, after five days' notice to the party accused, summon such witness before some judge of the court of general sessions or the recorder of the city court of Charleston to appear and give evidence in the matter. Thereafter such witness shall be examined, with the right to the party accused to examine or cross-examine such witness as in trials in open court, and the judge or recorder shall certify and seal up such evidence, to be used on the trial of the cause in the same manner as if it had been given orally on such trial. But such testimony shall in no case be used unless it shall appear, by the affidavit of the magistrate before whom prosecution shall have been commenced, that such witness is not at the time of such trial within the jurisdiction of the State.
HISTORY: 1962 Code Section 54-356; 1952 Code Section 54-356; 1942 Code Section 1931; 1932 Code Section 1931; Cr. C. '22 Section 914; Cr. C. '12 Section 904; Cr. C. '02 Section 618; G. S. 1658; R. S. 500; 1852 (12) 172; 1855 (12) 402.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 9 - Offenses Relating To Seamen › Section 54-9-60. Procurers of seamen may not board vessels without permission.

It shall not be lawful for any broker, shipping master or other person engaged in the business of procuring seamen for vessels, furnishing them with such seamen or making contracts for the services of such seaman to enter or attempt to go on board of any vessel lying at any port in any waters within the jurisdiction of this State, without having previously obtained the permission of the master or other person having the care, custody and control of such vessel. Any such person so entering any such vessel, without such permission, shall be guilty of a misdemeanor and shall, upon conviction, be punished by fine and imprisonment, at the discretion of the judge who tries the case, not to exceed three hundred dollars and three months' imprisonment.
HISTORY: 1962 Code Section 54-358; 1952 Code Section 54-358; 1942 Code Section 1933; 1932 Code Section 1933; Cr. C. '22 Section 916; Cr. C. '12 Section 906; Cr. C. '02 Section 620; G. S. 1660; R. S. 502; 1852 (12) 171.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 9 - Offenses Relating To Seamen › Section 54-9-70. Master may arrest procurers boarding without permission.

The master or other person having the command of any such vessel or the care, custody and control thereof may seize and arrest all persons while so offending and take them before any magistrate, to be committed or bound over to appear as in other cases of misdemeanor.
HISTORY: 1962 Code Section 54-359; 1952 Code Section 54-359; 1942 Code Section 1934; 1932 Code Section 1934; Cr. C. '22 Section 917; Cr. C. '12 Section 907; Cr. C. '02 Section 621; G. S. 1661; R. S. 503; 1852 (12) 171.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 11 - Interference With Navigation › Section 54-11-10. Interfering with aids to navigation.

Any person who (a) shall moor any vessel of any kind whatsoever or any raft or part of a raft to any buoy, beacon or daymark placed in the waters of this State by the authority of the United States lighthouse board, (b) shall in any manner hang on with any vessel or raft or part of a raft to any such buoy, beacon or daymark, (c) shall wilfully remove, damage or destroy any such buoy, beacon or daymark, (d) shall cut down, remove, damage or destroy any beacon erected on land in this State by the authority of the United States lighthouse board or (e) through unavoidable accident run down, drag from its position or in any way injure any such buoy, beacon or daymark and shall fail to give notice of having done so as soon as practicable to the lighthouse inspector or lighthouse engineer of the district in which such buoy, beacon or daymark may be located shall, for every such offense, be guilty of a misdemeanor and shall be punished by a fine not to exceed two hundred dollars or imprisonment not to exceed three months, or both, at the discretion of the court.
HISTORY: 1962 Code Section 54-401; 1952 Code Section 54-401; 1942 Code Section 1261; 1932 Code Section 1261; Cr. C. '22 Section 156; Cr. C. '12 Section 307; 1905 (24) 914.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 11 - Interference With Navigation › Section 54-11-20. Anchoring vessel to range lights.

It shall be unlawful for any vessel to anchor on the range-line of any range of lights established by the United States lighthouse board, unless such anchorage is unavoidable, and the master of any vessel so anchoring shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed fifty dollars.
HISTORY: 1962 Code Section 54-402; 1952 Code Section 54-402; 1942 Code Section 1262; 1932 Code Section 1262; Cr. C. '22 Section 157; Cr. C. '12 Section 308; 1905 (24) 914.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 11 - Interference With Navigation › Section 54-11-30. Changing position of navigational aids.

Any person having charge of any raft passing any buoy, beacon or daymark, who shall not exercise due diligence in keeping clear of it or, if unavoidably fouling it, shall not exercise due diligence in clearing such raft without dragging from its position such buoy, beacon or daymark shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed fifty dollars.
HISTORY: 1962 Code Section 54-403; 1952 Code Section 54-403; 1942 Code Section 1263; 1932 Code Section 1263; Cr. C. '22 Section 158; Cr. C. '12 Section 309; 1905 (24) 914.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 11 - Interference With Navigation › Section 54-11-40. Lien on cost of repairs or replacements of navigational aids.

The cost of repairing or replacing any such buoy, beacon or daymark which may have been misplaced, damaged or destroyed by any vessel or raft whatsoever having been made fast to any such buoy, beacon or daymark shall, when it shall be legally ascertained, be a lien upon such vessel or raft and may be recovered against such vessel or raft and the owner thereof in an action of debt in any court of competent jurisdiction in this State.
HISTORY: 1962 Code Section 54-404; 1952 Code Section 54-404; 1942 Code Section 1264; 1932 Code Section 1264; Cr. C. '22 Section 159; Cr. C. '12 Section 310; Cr. C. '02 Section 229; R. S. 520; 1893 (21) 396.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 11 - Interference With Navigation › Section 54-11-50. Destroying, damaging, or obstructing monuments or buildings of United States coast surveys.

If any person shall wilfully and maliciously destroy or in any manner hurt, damage or obstruct or shall wilfully and maliciously cause or aid, assist, counsel or advise any other person or persons to destroy or in any manner to hurt, damage, injure or obstruct any signal, monument or building or any appendage thereto, used or constructed under and by virtue of the act of Congress of the United States passed February 10, 1807, entitled "An Act to Provide for Surveying the Coast of the United States," and the supplements thereto, he shall be liable to be indicted therefor and, on conviction, shall be imprisoned not less than one month or pay a fine not exceeding fifty dollars, or both, at the discretion of the court before which such conviction shall take place and shall be further liable to pay all expenses of repairing the same. And it shall not be competent for any person so offending to defend himself by pleading or giving in evidence that he was the owner or the agent or servant of the owner of the land where such damage was done or caused at the time it was caused or done.
HISTORY: 1962 Code Section 54-405; 1952 Code Section 54-405; 1942 Code Section 1267; 1932 Code Section 1267; Cr. C. '22 Section 162; Cr. C. '12 Section 311; Cr. C. '02 Section 471; G. S. 2513; R. S. 368; 1847 (11) 444.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 13 - Trespass On Private Docks › Section 54-13-10. "Privately owned dock" defined.

For the purpose of this chapter, a privately owned dock is defined as any dock which is constructed on or appurtenant to property on which the person constructing the dock owns a leasehold interest in or title to or has obtained permission, express or implied, from the title owner to construct the dock.
HISTORY: 1962 Code Section 54-432; 1968 (55) 3079.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 13 - Trespass On Private Docks › Section 54-13-20. Exceptions.

The provisions of this chapter shall not apply to docking facilities open to the general public or to persons utilizing privately owned docking facilities in an emergency situation, or to persons having permission, express or implied, to use such facilities from the owner thereof, or to any person, association or corporation, and the agents and servants thereof, in the performance of duties arising out of the usual conduct of business or arising out of the terms of a State or Federal charter, license or franchise, and regulations thereunder.
HISTORY: 1962 Code Section 54-433; 1968 (55) 3079.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 13 - Trespass On Private Docks › Section 54-13-30. Trespassing on privately owned docks unlawful; posting of notice.

It shall be unlawful, except as provided herein, for any person to trespass upon or attach a boat or other device to any privately owned dock erected along the shores of any public or private waters within this State. Provided, however, that no person shall be convicted under this chapter unless the owner of such dock has posted a notice in a conspicuous place thereon stating that "Trespassing on this Dock is Prohibited by Law." Any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars nor more than one hundred dollars.
HISTORY: 1962 Code Section 54-431; 1968 (55) 3079.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 13 - Trespass On Private Docks › Section 54-13-40. Certain rights not affected.

This chapter shall not be construed to prevent or to interfere with the right of any person, governmental body, commission or agency, and the licensees and franchisees thereof, from regulating or controlling any activities on the waters and appurtenant lands under the jurisdiction of such person, governmental body, commission or agency, and the licensees and franchisees thereof. No vested property right shall accrue under this chapter to any person in derogation of the ownership or rights of any person, the public, any governmental body, commission or agency, and the licensees and franchisees thereof.
HISTORY: 1962 Code Section 54-434; 1968 (55) 3079.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-10. South Carolina Commissioners of Pilotage for the Upper and Lower Coastal Area; jurisdiction; regulations.

Subject to Section 8501 of Title 46 of the United States Code, the South Carolina Commissioners of Pilotage for the Upper Coastal Area shall have jurisdiction over and shall regulate pilotage for the bars and harbors of South Carolina beginning at Little River, which is a boundary between South Carolina and North Carolina, to Cape Romain; the South Carolina Commissioners of Pilotage for the Lower Coastal Areas shall have jurisdiction over and shall regulate pilotage from Cape Romain to the South Carolina side of the Savannah River, which is a boundary between South Carolina and Georgia. Any bars, harbors, or ports that lie on or within these boundaries shall be subject to the aforementioned regulatory jurisdiction, but in consideration of the physical exigencies of each port, the commissioners having jurisdiction shall promulgate separate regulations for such respective ports.
HISTORY: 1962 Code Section 56-1401; 1952 Code Section 56-1401; 1942 Code Section 6682; 1932 Code Section 6682; Civ. C. '22 Section 3580; Civ. C. '12 Section 2470; Civ. C. '02 Section 1616; G. S. 1260; R. S. 1357; 1872 (15) 53, 62; 1878 (16) 413; 1888 (20) 61; 1956 (49) 1794; 1958 (50) 1624, 1924; 1988 Act No. 536, Section 1; 1995 Act No. 9, Section 1, eff March 7, 1995; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 1995 amendment added the second undesignated paragraph to provide for terms of the Georgetown Pilotage Commission.
The 2006 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-20. South Carolina Commissioners of Pilotage for the Upper Coastal Area; appointment of members; terms; vacancies.

(A) The South Carolina Commissioners of Pilotage for the Upper Coastal Area must be appointed by the Governor, upon the recommendation of a majority of the Legislative Delegation of Georgetown County and shall serve for three years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired term.
(B) The South Carolina Commissioners of Pilotage for the Upper Coastal Area shall consist of eight persons appointed as provided by this chapter, one of whom is the Chairman of the South Carolina State Ports Authority or a board member designated by the chairman, ex officio, one of whom is the President of the International Longshoremen's Association Local or his designee, ex officio, and one of whom is a pilot licensed for the Port of Georgetown under Section 54-15-90, appointed by the Governor upon the recommendation of the licensed pilots. The remaining five members are appointed by the Governor upon the recommendation of the Georgetown County Legislative Delegation. The terms of office of the commissioners are for three years and until their successors are appointed except for the members first appointed. The member representative of the pilots licensed under Section 54-15-90 shall serve a three-year term. In the event of a vacancy, however caused, a successor must be appointed in the manner of the original appointment to fill the unexpired term. The above appointments must be made as each term of the present commissioners expires.
HISTORY: 1962 Code Section 56-1402; 1952 Code Section 56-1402; 1942 Code Section 6683; 1932 Code Section 6683; Civ. C. '22 Section 3581; Civ. C. '12 Section 2471; Civ. C. '02 Section 1617; G. S. 1260, 1286; R. S. 1358; 1873 (15) 440; 1880 (17) 455; 1881 (17) 607; 1883 (18) 303; 1888 (20) 61; 1897 (22) 417; 1923 (33) 153; 1933 (38) 60; 1956 (49) 1794; 1958 (50) 1624; 1963 (53) 491; 1988 Act No. 536, Section 2; 2006 Act No. 237, Section 1, eff March 17, 2006; 2013 Act No. 38, Section 1, eff June 7, 2013.
Effect of Amendment
The 2006 amendment rewrote this section.
The 2013 amendment designated paragraphs (A) and (B); substituted "eight" for "six" and inserted "and" preceding "one of whom" in the first sentence of paragraph (B); substituted "five" for "three" and deleted "from lists of nominations for the offices submitted to the delegation from the Chamber of Commerce and the Propeller Club of the Port of Georgetown" following "Delegation" in the second sentence of paragraph (B); and substituted "for" for "of" following "except" and deleted ", one shall serve for one year, one shall serve for two years, and one shall serve for three years" following "appointed" in the third sentence of paragraph (B).
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-30. South Carolina Commissioners of Pilotage for the Upper Coastal Region; election of officers.

The South Carolina Commissioners of Pilotage for the Upper Coastal Area shall elect annually from among its body a chairman and a secretary. The officers shall serve until their successors have been duly elected. But no branch or licensed pilot for Georgetown shall be elected or serve as chairman.
HISTORY: 1962 Code Section 56-1403; 1952 Code Section 56-1403; 1942 Code Section 6683; 1932 Code Section 6683; Civ. C. '22 Section 3581; Civ. C. '12 Section 2471; Civ. C. '02 Section 1617; G. S. 1260, 1286; R. S. 1358; 1873 (15) 440; 1880 (17) 455; 1881 (17) 607; 1883 (18) 303; 1888 (20) 61; 1897 (22) 417; 1923 (33) 153; 1933 (38) 60; 1958 (50) 1624; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment in the first sentence substituted "South Carolina Commissioners of Pilotage for the Upper Coastal Region" for "Commissioners of Pilotage for the port of Georgetown" and "elect annually" for ", from time to time, elect"; at the end of the second sentence deleted "by the board of commissioners of pilotage" and in the third sentence deleted "the port of" preceding "Georgetown" and "of such board" following "chairman".
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-40. South Carolina Commissioners for the Lower Coastal Area; members; terms; vacancies.

There is created the South Carolina Commissioners of Pilotage for the Lower Coastal Area composed of eight members, one of whom is the Chairman of the South Carolina State Ports Authority, ex officio, or a board member designated by the chairman, one of whom is the president of the International Longshoremen's Association Local 1422 or his designee, ex officio, and one of whom is a pilot licensed under Sections 54-15-90, 54-15-120, and 54-15-130, and one of whom is recommended by the Beaufort County Legislative Delegation from its maritime community and one by the Jasper County Legislative Delegation from its maritime community to be appointed by the Governor. The remaining members are appointed by the Governor upon the recommendation of the Charleston County Legislative Delegation from lists of nominations for the offices submitted to the delegation by the Greater Charleston Chamber of Commerce, the Maritime Association of the Port of Charleston, and the Propeller Club of the Port of Charleston. The terms of office of the commissioners are for three years and until their successors are appointed and qualified, except that of the members first appointed, one shall serve for one year, one shall serve for two years, and one shall serve for three years. The member representative of the pilots licensed under Sections 54-15-120 and 54-15-130 has a three-year term. In the event of a vacancy, however caused, a successor must be appointed in the manner of the original appointment for the unexpired term. The above appointments must be made as each term of the present commissioners expires.
HISTORY: 1962 Code Section 56-1404; 1952 Code Section 56-1404; 1942 Code Section 6683; 1932 Code Section 6683; Civ. C. '22 Section 3581; Civ. C. '12 Section 2471; Civ. C. '02 Section 1617; G. S. 1260, 1286; R. S. 1358; 1873 (15) 440; 1880 (17) 455; 1881 (17) 607; 1883 (18) 303; 1888 (20) 61; 1897 (22) 417; 1923 (33) 153; 1933 (38) 60; 1957 (50) 32; 1958 (50) 1624; 1985 Act No. 194, Section 2; 1994 Act No. 283, Section 1, eff January 27, 1994; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 1994 amendment in the first sentence, increased the membership of the Commissioners of Pilotage from "five" to "six"; and added following the word "ex officio" the words ", one of whom is the president of the International Longshoremen's Association Local 1442 or his designee, ex officio,".
The 2006 amendment rewrote the first sentence.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-50. Board of examination for Upper Coastal Area; duties.

The South Carolina Commissioners of Pilotage for the Upper Coastal Area and surrounding jurisdiction shall organize a board of examination to consist of three nautical men, at least one of whom shall be a full branch pilot of the port to which they belong. Each such board shall examine all applicants as to their competency to work or manage vessels and, generally, to discharge the duties of a pilot. No license or branch shall be granted to any person unless he receives a certificate of competency signed by a majority of such examining board.
HISTORY: 1962 Code Section 56-1405; 1952 Code Section 56-1405; 1942 Code Section 6685; 1932 Code Section 6685; Civ. C. '22 Section 3583; Civ. C. '12 Section 2473; Civ. C. '02 Section 1619; G. S. 1261; R. S. 1359; 1910 (26) 624; 1958 (50) 1624; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment rewrote the first sentence.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-60. Board of examiners for Lower Coastal Area; examination and licensing of applicants.

(A) The South Carolina Commissioners of Pilotage for the Lower Coastal Area and surrounding jurisdiction shall organize a board of examiners for the commission of three nautical men, at least one of whom must be licensed for the port under Sections 54-15-120 and 54-15-130. No one is eligible for examination by the board of examiners until he satisfactorily completes his apprenticeship for the port.
(B) The board of examiners shall examine eligible applicants as to their competency to work or manage vessels and generally to discharge the duties of a pilot. Examinations for license are oral, written, and by demonstration.
(C) No license or branch may be granted to a person unless he has received a certificate of his competency signed by a majority of the board of examiners.
HISTORY: 1962 Code Section 56-1406; 1952 Code Section 56-1406; 1942 Code Section 6686; 1932 Code Section 6686; Civ. C. '22 Section 3584; Civ. C. '12 Section 2474; 1910 (26) 624; 1958 (50) 1624; 1985 Act No. 194, Section 3; 1991 Act No. 56, Section 1; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment rewrote subsections (A) and (B).
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-80. Examination fee.

The Commissioners of Pilotage for each area shall set by regulation a fee calculated to defray the expenses of examination, licensing, and issuing any certification under Chapter 15 of Title 54.
HISTORY: 1962 Code Section 56-1408; 1952 Code Section 56-1407; 1942 Code Section 6687; 1932 Code Section 6687; Civ. C. '22 Section 3585; Civ. C. '12 Section 2475; Civ. C. '02 Section 1620; G. S. 1262; R. S. 1360; 1872 (15) 54; 1958 (50) 1624; 1985 Act No. 194, Section 4; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment substituted "area" for "port".
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-90. Apprentices for Upper Coastal Area.

Apprentices for the Upper Coastal Area must be taken by full branch pilots only with the approval of the South Carolina Commissioners of Pilotage Upper Coastal Area and shall serve two years in Georgetown before receiving an initial short branch license. An apprentice must be taken on board vessels of every description so that the apprentice may become completely competent to discharge required duties. After holding an initial short branch license for one year, an apprentice shall receive a second branch license, which the apprentice must hold in service for one year, at the end of which the apprentice may receive a full branch or license. The South Carolina Commissioners of Pilotage for the Upper Coastal Area shall establish in regulation the tonnage and draft restrictions for each short branch license.
HISTORY: 1962 Code Section 56-1409; 1952 Code Section 56-1408; 1942 Code Section 6688; 1932 Code Section 6688; Civ. C. '22 Section 3586; Civ. C. '12 Section 2476; Civ. C. '02 Section 1621; G. S. 1263; R. S. 1361; 1872 (15) 54; 1894 (20) 801; 1910 (26) 625; 1933 (38) 71; 1958 (50) 1624; 1998 Act No. 269, Section 1, eff February 20, 1998; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 1998 amendment altered the short branch license requirements and restrictions.
The 2006 amendment in the first sentence substituted "Apprentices for the Upper Coastal Area" for "Apprentices for ports other than Charleston, which are governed by Sections 54-15-100 and 54-15-120," and "South Carolina Commissioners of Pilotage Upper Coastal Area" for "respective boards of Commissioners of Pilotage", and deleted "and one year in Port Royal" following "Georgetown"; and in the fourth sentence substituted "South carolina Commissioners of Pilotage for the Upper Coastal Area" for "Commissioners of Pilotage for the ports of Georgetown and Port Royal jointly".
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-100. Apprentices for Lower Coastal Area.

Apprentices for the Lower Coastal Area are taken only by pilots licensed under Sections 54-15-120 and 54-15-130 for the port and must be approved and certified by the South Carolina Commissioners of Pilotage for the Lower Coastal Area. They must not be under eighteen years of age, must be a graduate of an accredited four-year college or shall hold an unlimited ocean third mate's license, must have 20/20 visual acuity uncorrected or corrected by contact lens, must have good color vision evidenced by ability to distinguish colors by means of a test accepted by the United States Coast Guard, must have good natural hearing, and must have other physical and mental qualifications required by the South Carolina Commissioners of Pilotage for the Lower Coastal Area. Satisfactory certificates of the requirements of this section must be filed with the South Carolina Commissioners of Pilotage for the Lower Coastal Area before the applicant may be accepted as an apprentice.
HISTORY: 1962 Code Section 56-1410; 1952 Code Section 56-1409; 1942 Code Section 6689; 1932 Code Section 6689; Civ. C. '22 Section 3587; Civ. C. '12 Section 2477; Civ. C. '02 Section 1621; G. S. 1263; R. S. 1361; 1892 (15) 54; 1894 (20) 801; 1910 (26) 625; 1920 (31) 700; 1947 (45) 163; 1958 (50) 1624; 1969 (56) 151; 1982 Act No. 285, Section 1; 1985 Act No. 194, Section 5; 1991 Act No. 56, Section 2; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment substituted "Lower Coastal Area" for "Port of Charleston" and "port" and added "South Carolina" preceding "Commissioners of Pilotage" throughout.