reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-55. Suspension of privileges; magistrates court jurisdiction; penalties and restitution orders.

(A) Any suspension of privileges under this chapter shall run concurrent with any other suspension then in effect. Except as provided in Section 50-5-2510, suspensions of privileges resulting from violations of this chapter begin thirty calendar days from date of conviction.
(B) Notwithstanding any other provision of the law, the magistrates court has jurisdiction to try any criminal case that arises under this chapter and to impose the penalties set forth herein up to a maximum of five thousand dollars or thirty days' imprisonment. In addition to any penalty imposed under this chapter, the presiding magistrate may order restitution for losses of natural resources.
(C) A person or entity shall have all saltwater privileges and other licenses, permits, and registrations issued by the department suspended until the penalty is paid in full if the person or entity:
(1) fails to pay a penalty arising out of a violation of this chapter within ten business days following adjudication of the matter; or
(2) defaults on a payment plan approved by a presiding magistrate.
HISTORY: 2000 Act No. 245, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-60. Conspiracy to violate provision of chapter.

A person who conspires to violate a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be punished as if he had violated that provision.
HISTORY: 1962 Code Section 28-163; 1952 Code Section 28-163; 1942 Code Section 3323; 1932 Code Section 3323; 1924 (33) 1016; 1952 (47) 2890; 1993 Act No. 181, Section 1259; 2000 Act No. 245, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-65. Seizure and disposition of contraband; separate offense defined.

(A) Any fish or fishery product taken or possessed in violation of any provision of this chapter is contraband and may be seized along with its container and disposed of according to law.
(B) Any perishable item seized, the sale of which is illegal per se, may be donated by the department to a nonprofit entity, in the discretion of the department, or destroyed provided that any perishable item, the sale of which is illegal only because of the place or manner or method in which or by which it was taken must be sold, donated, or destroyed. The proceeds of any perishable item sold must be retained until final adjudication of the case. Any proceeds of the sale must be returned to the defendant in the event of a verdict of not guilty.
(C) Living contraband taken in this State may be returned by the department to the water.
(D) Nonperishable items may be retained by the department for use by the department or disposed of according to law. Nonperishable items which are illegal to use or which have no commercial value must be destroyed.
(E) Neither an item of contraband nor the value of an item of contraband may inure to the benefit of any employee of the department.
(F) Each fish, dozen of crabs, bushel of oysters, one-half bushel of clams, quart of shrimp, or pound of other saltwater fishery product, or fraction or part thereof taken, possessed, purchased, sold, or offered for sale in violation of this chapter is a separate offense.
HISTORY: 2000 Act No. 245, Section 1; 2002 Act No. 342, Sections 5, 49.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-70. Sale of confiscated device; redemption by owner.

The department shall sell any confiscated device not used or destroyed by the department at public auction for cash to the highest bidder in the county where it was seized, after having given ten days' public notice of the sale. When the device is of greater value than one thousand dollars, the owner may at any time before sale redeem it by paying to the department one thousand dollars. When the device is of lesser value than one thousand dollars, the owner may at any time before the sale redeem it by paying to the department the retail market value.
HISTORY: 1962 Code Section 28-169; 1952 Code Section 28-169; 1942 Code Section 3321; 1932 Code Section 3321; 1924 (33) 1016; 1952 (47) 2890; 1993 Act No. 181, Section 1259; 2000 Act No. 245, Section 1; 2002 Act No. 342, Section 6.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-75. Common areas for taking of fish.

The waters and bottoms of the bays, rivers, creeks, and marshes within this State or within the territorial sea as shown on applicable NOAA Charts, not heretofore conveyed by grant from the General Assembly or royal grant are and remain as a common for the people of this State for the taking of fish, subject to the provisions of this chapter and any future act that may be passed, except that this section is not intended to regulate fish or fishing in the freshwaters of this State.
HISTORY: 2000 Act No. 245, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-80. Dividing line between salt and fresh water on rivers.

The dividing line between salt water and freshwater on the rivers listed is defined in this section, and all waters of the rivers and their tributaries, streams, and estuaries lying seaward of the dividing lines are considered salt waters, and all waters lying landward or upstream from all dividing lines are considered freshwaters for purposes of licensing and regulating commercial and recreational fishing. Except as otherwise provided below, the saltwater/freshwater dividing line is U.S. Highway 17:
(1) On Savannah River the dividing line is the abandoned Seaboard Railroad track bed located approximately one and three-fourths miles upstream from the U.S. Highway 17A bridge.
(2) Wright River is salt water for its entire length.
(3) On Ashepoo River the dividing line is the old Seaboard Railroad track bed.
(4) On New River the dividing line is at Cook's Landing.
(5) Wallace River, Rantowles Creek, Long Branch Creek, and Shem Creek are salt water for their entire lengths.
(6) On Edisto River the dividing line is the abandoned Seaboard Railroad track bed near Matthews Canal Cut.
(7) On Ashley River the dividing line is the confluence of Popper Dam Creek directly across from Magnolia Gardens.
(8) On Cooper River the dividing line is the seaward shoreline of Old Back River at the confluence of Old Back River downstream from Bushy Park Reservoir.
(9) Wando River is salt water for its entire length.
(10) On the Intracoastal Waterway in Horry County the dividing line is the bridge across the Intracoastal Waterway at the intersection of S.C. Highway 9 and U.S. Highway 17.
HISTORY: 1962 Code Section 28-170; 1952 Code Section 28-170; 1942 Code Section 3322; 1932 Code Section 3322; 1924 (33) 1016; 1952 (47) 2890; 1993 Act No. 181, Section 1259; 2000 Act No. 245, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-85. General Trawling Zone; subzones.

(A) The General Trawling Zone consists of the following subzones:
(1) The Northern Subzone: from the North Carolina-South Carolina boundary at Little River and its projection to the seawardmost territorial sea limit; to a southern boundary beginning at a point on the southern end of Cedar Island at latitude 033° 7.2' N and longitude 079° 16.3' W, extending seaward in a southeasterly direction (135° true) to the seawardmost territorial sea limit.
(2) The Central Subzone: from the southernmost boundary of the northern subzone extending to a line beginning at the southern tip of Edisto Island at latitude 032° 28.6'N, longitude 080° 20.2'W, extending seaward in a southeasterly direction (135° true) to the seawardmost territorial sea limit.
(3) The Southern Subzone: from the southernmost boundary of the central subzone to the South Carolina-Georgia boundary and the seaward extension of the boundary to the seawardmost territorial sea limit.
(B) The department may prohibit or allow trawling or other commercial fishing activity in any subzone or specified area therein, in or out of season.
HISTORY: 2000 Act No. 245, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-90. Authority to enter and inspect buildings or stop and search fishing vessels; penalty for refusal to comply with order.

(A) It is lawful for enforcement officers to enter and inspect any and all premises, houses, sheds, or warehouses used in commercial fishing or any fishing industry; and to stop and search any boat or vessel used in fishing and in the fishing industry; and to stop and search any vehicle used in the commercial fishing industry; and to arrest, without warrant, all persons violating the natural resources or boating laws or regulations punishable by a criminal penalty.
(B) Failure or refusal to comply with any lawful order or direction or to obstruct or evade or interfere with any officer enforcing the provisions of this chapter shall be deemed a misdemeanor, and a person convicted thereof must be fined not less than five hundred dollars and not more than twenty-five hundred dollars or imprisonment for not more than thirty days.
HISTORY: 1962 Code Section 28-171; 1965 (54) 576; 1981 Act No. 118, Section 1; 1993 Act No. 181, Section 1259; 2000 Act No. 245, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-95. Unlawful taking of saltwater fish; penalty.

It is unlawful to take or attempt to take saltwater fish except as allowed by this chapter. Except as otherwise provided, a person violating this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-100. Knowingly obtaining saltwater fishery product taken or sold unlawfully.

It is unlawful for any person knowingly to obtain or to attempt to obtain a saltwater fishery product taken, produced, cultured, or sold unlawfully.
HISTORY: 1962 Code Section 28-172; 1952 Code Section 28-172; 1942 Code Section 3328; 1932 Code Section 3328; 1924 (33) 1016; 1952 (47) 2890; 1993 Act No. 181, Section 1259; 2000 Act No. 245, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-105. Unlawful activities affecting others; penalty.

(A) It is unlawful:
(1) to remove, wilfully damage, or interfere with any fishing equipment belonging to another;
(2) to remove the catch without possessing written permission of the owner of the equipment, except channel nets must be operated only by the licensee; or
(3) to wilfully interfere with or impede lawful fishing activity.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars and not more than two thousand five hundred dollars or imprisoned not more than thirty days, and in addition must have his saltwater privileges suspended for twelve months.
HISTORY: 2000 Act No. 245, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-110. Use of poison, explosive, or bang stick to take marine resources; penalty.

It is unlawful to use poison, an explosive, or a bang stick or similar device in state waters to take marine resources. A person who violates this section by use of poison or an explosive other than a bang stick or similar device is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months. A person who violates this section by use of a bang stick or similar device is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months.
HISTORY: 1962 Code Section 28-174; 1952 Code Section 28-174; 1942 Code Section 3310; 1932 Code Section 3310; 1924 (33) 1016; 1952 (47) 2890; 1993 Act No. 181, Section 1259; 2000 Act No. 245, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-120. Boarding of vessel by law enforcement officers; penalty for failure to allow boarding and to cooperate.

(A) The operator and crew of any watercraft operating in state waters are required to heave to when signaled or hailed, and allow boarding by law enforcement officers or U.S. Coast Guard personnel.
(B) The operator, crew, and passengers of any watercraft operating in state waters are required to cooperate with law enforcement officers or U. S. Coast Guard personnel.
(C) Any operator, crew member, or passenger, of any watercraft violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned for not more than thirty days.
HISTORY: 1962 Code Section 28-178; 1952 Code Section 28-178; 1942 Code Section 3313; 1932 Code Section 3313; 1924 (33) 1016; 1952 (47) 2890; 1982 Act No. 328; 1993 Act No. 181, Section 1259; 2000 Act No. 245, Section 1; 2002 Act No. 342, Section 7.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-125. Use of vessel within 300 feet of public fishing pier; penalty.

It is unlawful to use a vessel within three hundred feet of any public fishing piers which extend into the Atlantic Ocean. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-300. Commercial saltwater fishing license requirement for residents; fee; striker exception.

(A) For the privilege of taking or landing anadromous fish, saltwater fish, or fisheries products for commercial purposes, a resident must obtain a commercial saltwater fishing license for a fee of twenty-five dollars unless specifically exempted in this article. A resident must also obtain a commercial saltwater fishing license for the privilege of selling, exchanging, or bartering such fish or product taken or landed by the resident.
(B) To act as a striker, a resident need not acquire a commercial saltwater fishing license.
HISTORY: 2000 Act No. 245, Section 2; 2002 Act No. 342, Section 8.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-305. Requirements for obtaining resident license; penalty.

(A) To be granted a resident commercial saltwater license authorized under this chapter:
(1) an applicant must present a statement from the South Carolina Department of Revenue indicating the applicant filed a South Carolina income tax form as a resident for the previous calendar year, but a person under the age of seventeen is exempt from the requirement to provide such statement; or
(2) an applicant who did not file a South Carolina personal income tax form for the previous year must show documentation acceptable to the department proving the applicant was a resident of South Carolina for twelve consecutive months immediately prior to the date of application.
The applicant must also present an additional form of identification acceptable to the department.
(B) It is unlawful to obtain, attempt to obtain, or possess a South Carolina resident saltwater license while licensed for any purpose as a resident of another state.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than two thousand five hundred dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months.
HISTORY: 2000 Act No. 245, Section 2.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-310. Commercial saltwater fishing license for nonresidents; fee; striker exception.

(A) For the privilege of taking or landing anadromous fish, saltwater fish, or fisheries products for commercial purposes, a nonresident must obtain a nonresident commercial saltwater fishing license for a fee of three hundred dollars unless specifically exempted in this article. A nonresident must also obtain a commercial saltwater fishing license for the privilege of selling, exchanging, or bartering such fish or product taken or landed by the nonresident.
(B) To act as a striker, a nonresident need not acquire a commercial saltwater fishing license.
HISTORY: 2000 Act No. 245, Section 2; 2002 Act No. 342, Section 9.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-315. Saltwater fishing without a license prohibited; penalty.

A person taking or attempting to take saltwater fish or operating a fishing vessel used in aid of taking saltwater fish for a commercial purpose without first acquiring the required commercial saltwater fishing license is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 2.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-320. State Shellfish Ground licenses; fees.

For the privilege of taking molluscan shellfish from state-owned bottoms not under permit from the department for commercial purposes or in a quantity greater than those allowed for personal use as provided in this chapter, any licensed resident commercial saltwater fisherman must obtain a State Shellfish Ground resident license for a fee of seventy-five dollars and any licensed nonresident commercial saltwater fisherman must obtain a State Shellfish Ground nonresident license for a fee of three hundred seventy-five dollars.
HISTORY: 2000 Act No. 245, Section 2.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-330. Recreational fishing exceptions; minnow traps for commercial purposes; retrieving unattended recreational equipment.

(A) A person may fish or use the following in the salt waters of this State solely for recreational purposes without being commercially licensed:
(1) shrimp seines;
(2) hand-operated tongs, rakes except bull rakes, and forks except seed forks, used to harvest shellfish;
(3) hook and line or rod and reel;
(4) minnow traps, drop nets, and dip nets;
(5) cast nets; however, the use must comply with all other provisions of law;
(6) no more than two crab traps;
(7) no more than two trotlines with a cumulative total of not more than fifty hooks or baits;
(8) no more than ten bush or pole lines with single hooks or baits.
(B) A person may use a lawful gill net for other than commercial purposes without a commercial saltwater fishing license.
(C) A person may use lawful minnow traps to take fish for a commercial purpose for use as bait without a commercial saltwater fishing license.
(D) No person may retrieve any unattended recreational equipment used pursuant to this section unless the owner is present. A person may retrieve equipment with the written permission of the owner, but no fish may be retained.
(E) A person who violates this section by fishing or using equipment in excess of the numbers allowed in this section or in violation of subsection (D) is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 2; 2002 Act No. 342, Section 11.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-335. Channel net licenses; restrictions.

(A) The department may grant no more than a cumulative total of sixty licenses for the use of channel nets in any one year. Applicants who held channel net licenses in the previous license year and who were not in violation of conservation laws or regulations must be given preference for licenses unless a violation results in a point suspension under Article 25, preference must not be denied solely for violations pertaining to:
(1) marking or lighting of channel nets;
(2) distance from the centerline of marked navigation channels if the distance is greater than 300 feet; or
(3) distance between channel nets and other fishing devices.
(B) An applicant must be sixteen years of age or older and a resident of this State, and licenses must be applied for in person. Only one license may be issued to a person.
HISTORY: 2000 Act No. 245, Section 2; 2002 Act No. 342, Section 12.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-340. Permits; use for commercial purposes and disposition of proceeds; violations and penalties.

(A) The department may grant permits for taking, holding, and propagating fish or other marine resources excluding any marine mammals for:
(1) exploratory;
(2) experimental;
(3) scientific;
(4) educational; or
(5) commercial display purposes.
These permits may authorize activities which would otherwise be unlawful. These permits expire at the pleasure of the department, but permits granted for exploratory or experimental commercial purposes are limited to no more than two years and may not be renewed. Permits granted pursuant to this section may include conditions as to the areas, times, seasons, types of fishing equipment, species to be taken, catch reporting requirements, disposition of the catch, and other conditions the department determines necessary. No permittee may take fish or marine resources in violation of permit conditions.
(B) The department may permit marine resources collected pursuant to exploratory, experimental, or commercial display permits to be used for commercial purposes. Marine resources collected pursuant to scientific or educational permits may not be used for personal consumption, but the resource or the proceeds of its sale may be used by the department for marketing and promotional purposes. Any product in excess of department needs may be disposed of according to law. The department may condition permits to allow sale of marine resources for public display.
(C) A person who violates this section for a commercial purpose is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars and not more than two thousand five hundred dollars or imprisoned for not more than thirty days.
(D) A person who violates this section for other than a commercial purpose is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 2.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-345. Commercial license a condition of permit; exceptions; revocation.

(A) In order to obtain any permit authorized under this chapter for taking marine resources except scientific, educational, and commercial display permits, a person must be a licensed commercial saltwater fisherman and hold all other required licenses.
(B) Any permit granted may be revoked by the department for a violation of a condition of the permit or of a related conservation law.
HISTORY: 2000 Act No. 245, Section 2.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-350. Display of licenses, permits, and vessel's identification decal; transfer of licenses; penalty.

(A) While exercising the privilege of a license or permit the licensee, operator, or permittee must display or keep on his person the license or permit, and the license or permit must be produced on demand of department personnel or other law enforcement personnel.
(B) Licenses and permits are not transferable; however, any licensed commercial saltwater fisherman may operate any licensed commercial equipment with written permission of the owner except:
(1) channel nets; and
(2) any commercial equipment licensed at the resident fee when the nonresident fee is greater if the operator is a nonresident.
(C) The operator and the owner of a vessel used for commercial purposes must have aboard the required commercial equipment licenses and permits and display on its port and starboard sides the vessel's identification decals provided by the department.
(D) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 2; 2002 Act No. 342, Section 13.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-355. Bait dealer licenses; fees; inspections; penalties.

(A) For the privilege of taking or landing any saltwater species to be sold, bartered, or traded as bait or offered for sale as bait or selling or offering for sale as bait any saltwater species taken or landed in this State, a resident must first acquire a bait dealer license for twenty-five dollars. A nonresident must acquire a bait dealer license for one hundred twenty-five dollars. The department may inspect the business premises or floating equipment, or both, of a person applying for a bait dealer license and of a licensed bait dealer engaged in harvesting and selling bait. A person who takes, attempts to take, sells, or offers for sale any saltwater fish or fishery product for bait, except maricultured fish or fishery product in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
(B) A licensed bait dealer who only sells fish or fishery products to be used solely as bait does not have to acquire a wholesale seafood dealer license.
HISTORY: 2000 Act No. 245, Section 2.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-365. Licensing requirements applicable to sale or transportation of live or fresh fish or saltwater fishery products; penalties.

(A) A person or entity who:
(1) offers for sale any live or fresh fish or any saltwater fishery products, other than a licensed commercial saltwater fisherman licensed as a wholesale seafood dealer; or
(2) transports live or fresh fish or any saltwater fishery products, other than a licensed commercial saltwater fisherman transporting his catch to a licensed wholesale seafood dealer;
must have in his possession dated bills of lading, invoices, receipts, bills of sale, or similar documents showing the quantity of each species and type of saltwater fishery product being offered for sale or transported and the name of the licensed commercial saltwater fisherman or licensed wholesale seafood dealer from whom the products were purchased or received.
(B) A person or entity including a licensed commercial saltwater fisherman who takes saltwater fishery products and sells the catch must sell the catch only to a wholesale seafood dealer licensed under this section or else he must be licensed as a wholesale seafood dealer under this section.
(C) Without having obtained a valid wholesale seafood dealer license it is unlawful to:
(1) buy or receive at other than retail live or fresh fish or any saltwater fishery products taken or landed in this State;
(2) sell or offer fish or products for sale at other than retail or as allowed in subsection (B); or
(3) transfer, ship, pack, or consign fish or products.
(D) It is unlawful to purchase live or fresh fish or any saltwater products taken or landed in this State at other than retail from a person other than a licensed wholesale seafood dealer, provided:
(1) the fish or product may be purchased for use as bait from a licensed bait dealer; and
(2) a licensed wholesale seafood dealer may purchase from a licensed commercial saltwater fisherman.
(E) It is unlawful for a person or entity to sell or offer for sale live or fresh fish or any saltwater fishery products or to transport live or fresh fish or any saltwater fishery products without having in possession dated bills of lading, invoices, receipts, bills of sale, or similar documents showing the quantity of each species and type of saltwater fishery products to be sold or transported and the name of the licensed commercial saltwater fisherman or licensed wholesale seafood dealer from whom the products were purchased or received. As it relates to operation of a vessel or vehicle, this subsection does not apply to a licensed commercial saltwater fisherman transporting his catch to a licensed seafood dealer.
(F) Except as provided in Section 50-5-366, a person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 2; 2002 Act No. 342, Section 15.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-366. Documents required to be in possession of persons selling shrimp; exceptions; conspiracies; penalties.

(A) Between September 1 and December 15 a person or entity who sells or offers for sale shrimp must have in possession dated receipts, bills of sale, or similar documents showing:
(1) the name of the licensed wholesale seafood dealer, or the licensed commercial fisherman if the seller is a licensed wholesale seafood dealer, from whom the shrimp were purchased or received;
(2) the date on which the shrimp were purchased or received; and
(3) the quantity of shrimp purchased or received.
(B) Any person or entity violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than five thousand dollars and may be imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months, and the shrimp and its containers must be seized.
(C) This section does not apply to a licensed commercial saltwater fisherman:
(1) when selling his catch of shrimp to a licensed seafood dealer; or
(2) who is a licensed wholesale seafood dealer.
(D) Any person or entity who conspires with another to violate this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or more than two thousand dollars and may be imprisoned for not more than thirty days and must have his saltwater privileges suspended for an additional twelve months.
HISTORY: 2002 Act No. 342, Section 16.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-367. Sale, offer, or purchase of shrimp taken over bait; penalty.

(A) It is unlawful to sell or to offer for sale shrimp taken over bait.
(B) Any person or entity violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or more than five thousand dollars and may be imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months, and the shrimp, its containers, used in violation of this section must be seized.
(C) It is unlawful to knowingly purchase shrimp taken over bait.
HISTORY: 2002 Act No. 342, Section 17.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-370. Purchase or removal from State for commercial purpose of saltwater fishery products not handled by licensed wholesale seafood dealer; penalty.

(A) It is unlawful for a person not licensed as a wholesale seafood dealer to purchase, handle, barter, or trade or to attempt to purchase, handle, barter, or trade saltwater fishery products taken, landed, produced, or cultured in this State unless first handled by a licensed wholesale seafood dealer. As to the products specified, this section does not apply to:
(1) persons receiving live bait from a licensed live bait dealer; or
(2) persons or entities receiving cultured product from persons or entities that solely produce fish or fishery products reared as offspring from brood stock in captivity.
(B) No person may remove from this State for a commercial purpose any saltwater fish or fishery products landed in this State unless the fish or product is accompanied by original, dated bills of lading, invoices, receipts, bills of sale, or similar documents showing the quantity of each type of saltwater fish or fishery product being transported and the name of the licensed wholesale seafood dealer or retail establishment from whom the products were purchased or received.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 2; 2002 Act No. 342, Section 18.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-375. Records of wholesale seafood dealers; inspection by department; penalties.

(A) Every wholesale seafood dealer must keep and retain accurate records detailing the information required by the department for a period of not less than one year and shall open the records to the department for inspection upon reasonable demand.
(B) Any wholesale seafood dealer who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days. The provisions of this section do not supersede or replace any criminal sanctions for defrauding or attempting to defraud this State.
HISTORY: 2000 Act No. 245, Section 2; 2013 Act No. 7, Section 4, eff March 22, 2013.
Effect of Amendment
The 2013 amendment, in subsection (A), substituted "Every wholesale seafood dealer" for "Every seafood dealer required to be licensed", and in subsection (B), inserted "wholesale" before "seafood dealer" in the first sentence.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-380. Information or report by licensee or permittee to take saltwater fishery product for commercial or scientific purpose; confidentiality; penalties.

(A) A person or entity licensed or permitted by the department engaged in the take, distribution, or propagation of any saltwater fishery product for a commercial or scientific purpose must keep accurate records and may be required to provide accurate information and reports to the department on forms and by methods required by the department for the administration and enforcement of saltwater fishery laws and for fisheries management purposes. The department has concurrent authority with the United States to collect or require the submission of pertinent data specified pursuant to the federal Fishery Conservation and Management Act of 1976, as amended. Any information which directly or indirectly discloses the identity of a licensee or permittee or income amounts or trade secrets or other specialized methodologies for growing or taking or marketing saltwater fisheries products is not public information. Information on fisheries furnished by any source which is required by a state or federal law to be kept confidential is not subject to disclosure except when required by order of a court of competent jurisdiction.
(B) Noncommercial information provided voluntarily to the department in support of a resource or management activity is likewise confidential. Nothing in this section may be construed as to limit the use of such information in enforcement of this chapter.
(C) A person or entity licensed or permitted under this chapter who fails to make an accurate and timely report as required by the department is guilty of a misdemeanor and, upon conviction, the person must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days for each report, and the department must suspend the license or permit under which the report is required until accurate and complete reports are submitted to the department. Each delinquent or inaccurate report must be handled as a separate offense. The provisions of this section do not supersede or replace any criminal sanctions for defrauding or attempting to defraud this State.
(D) The department shall collect and analyze data pertinent to protection, propagation, promotion, and management of marine resources.
HISTORY: 2000 Act No. 245, Section 2.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-390. Denial of or limitations on nonresident licenses.

The department may deny issuance of any license or permit for commercial fishing equipment or activities to residents of any coastal state which denies the same privilege to South Carolina residents. The department may limit the type of fishing equipment used, seasons, and areas where nonresidents may fish in accordance with comparable limitations placed upon South Carolina fishermen by the nonresident's state.
HISTORY: 2000 Act No. 245, Section 2.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-500. Use of nets; penalties.

(A) No net may be used in inshore salt waters except:
(1) trawl nets;
(2) gill nets for shad;
(3) gill and dip nets for herring;
(4) channel nets;
(5) shrimp seines;
(6) cast nets;
(7) drop nets;
(8) dip nets for landing or boating fish;
(9) elver nets; and
(10) gill nets not more than one hundred yards in length with a mesh size no smaller than three inches stretched mesh and up to five and one-half inches stretched mesh in those areas of the inlets, sounds, and bays having direct connection to the ocean and designated by the department.
(B) No net may be used in the Atlantic Ocean except:
(1) shad nets;
(2) sturgeon nets;
(3) trawl nets;
(4) shrimp seines;
(5) cast nets;
(6) drop nets;
(7) dip nets for landing or boating fish;
(8) gill nets not more than one hundred feet in length with a mesh size no smaller than three inches stretched mesh and up to, but not including, four and one-half inches stretched mesh; and
(9) haul seines.
(C) Nothing in this section shall authorize use of a net in a location or at a time otherwise prohibited by law.
(D) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 3.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-505. Net use requirements and restrictions; mariculture impoundment net use permit.

(A) A gill net used in the salt waters of this State must have at least one end buoy, international orange in color, which shows the name and license number of the owner. The operator of a gill net must be within five hundred feet of the net and have visual contact with the net at all times when deployed.
(B) A trotline used in the inshore salt waters of this State must have at least one end buoy, international orange in color, which shows the name and license number of the owner. Recreational trotlines must be marked by the name and address of the owner in lieu of a license number. Any trotline used in the territorial sea must be marked with a buoy not less than twenty inches in diameter at each end, international orange in color, which floats in a manner to be clearly visible at all times.
(C) A haul seine greater than one hundred feet in length must be marked with buoys, international orange in color, not less than twenty inches in diameter, which float in a manner to be clearly visible at all times.
(D) No haul seine may be set within five hundred yards of any public fishing pier.
(E) A buoy must be attached to the float line of any haul seine every three hundred feet, and a buoy must be attached to each end of any haul seine.
(F) No haul seine may be set, hauled, or both, for a period exceeding one and one-half hours without being fully returned to the beach.
(G) The department may grant a permit to the owner of a mariculture impoundment or his authorized agent, either of whom must be a licensed commercial saltwater fisherman, to attach a net on the downstream side or outside of the outlet to harvest fish exiting the impoundment. The department may place conditions on the permit as to season, type of equipment, and times.
HISTORY: 2000 Act No. 245, Section 3; 2002 Act No. 342, Section 19.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-510. Channel nets; season; observation of use by department; restrictions as to possession; requirements applicable to use of net and possession of license; penalties.

(A) The season for using channel nets shall be no longer than ninety days, and the department annually may set the channel net season between September 1 of any year and December 15 of the same year, inclusive.
(B) A person licensed to use a channel net must allow designated department personnel to board or accompany any vessel on or from which a channel net is used to observe fishing activities, fishing gear, catch, and discards.
(C) It is unlawful to possess a channel net aboard a boat during the closed channel net season.
(D) It is unlawful to possess an unlicensed channel net aboard a boat.
(E) The following requirements apply to channel nets used in the salt waters of this State:
(1) the width at the mouth measured across the float or head line must not exceed eighty feet;
(2) no channel net may be operated from a trawler;
(3) a channel net must be marked with three buoys, international orange in color, constructed of solid foam or polyvinylchloride and not less than forty inches in circumference so as to be clearly visible at all times above the water's surface, one attached to each staff and one having the name, address, and license number of the owner thereon attached outside of the tailbag or codend; and
(4) a channel net set at night must be marked by a white light clearly visible from a distance of one-quarter of a nautical mile.
(F) It is unlawful for a person to set, retrieve, or remove catch from a channel net unless the properly licensed owner of the net is present and has his license in his immediate possession.
(G) No channel net when set may be unattended for more than twenty-four hours. Any channel net not fished for more than twenty-four hours or which contains decomposed fish is contraband and must be seized and disposed of as provided in this chapter.
(H) Any person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 3; 2002 Act No. 342, Section 20.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-515. Channel nets to be used only in designated areas; Turtle Excluder Device requirements; penalties.

(A) It is unlawful to use channel nets in the salt waters of this State, except in areas designated by the department.
(B) The following apply to use of channel nets:
(1) A functional soft or hard Turtle Excluder Device (TED) must be correctly installed in any channel net used in the waters of this State, except in areas specifically exempted in this section.
(2) A soft TED must be constructed and installed so as to conform to the specifications of the National Marine Fisheries Service for soft TED's.
(3) A hard TED must conform to the following specifications:
(a) the TED must be a single, rigid, oval deflector grid which is made of steel rod or pipe not less than one-third inch diameter, aluminum rod or pipe not less than one-half inch diameter, or fiberglass rod of comparable strength;
(b) the TED must be installed so that it is at a thirty to forty-five degree angle from the horizontal when in use;
(c) the minimum inside diameter may not be less than thirty inches;
(d) the minimum (slit) escape opening is thirty-five inches;
(e) the maximum spacing between the bars is four inches; there is no minimum spacing;
(f) all "hard" TEDs must be top exiting only;
(g) an optional, rectangular flap may be installed over the escape opening, provided it is attached only on its forward edge, does not extend more than four inches aft of the escape opening, is no wider than thirty-six inches, and the mesh size is no larger than two inches stretch.
(4) Turtle Excluder Devices are not required in channel nets used east of a line in Winyah Bay from the front range on Big Marsh Island, running southeast to day marker No. 18, thence running south southeast to red Nun Buoy No. 16. Any channel net used west of this line must use an approved Turtle Excluder Device. Turtle Excluder Devices are not required in channel nets used in North Santee Bay. However, the department may require TEDs in additional or all open areas if a significant threat to sea turtles is determined.
(5) A sea turtle accidentally taken must be released immediately unless it is apparent that resuscitation is required. If resuscitation is required, the fisherman must retain the turtle until the turtle has recovered sufficiently and is capable of swimming.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 3; 2002 Act No. 342, Section 21.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-520. Channel net violations; forfeiture of license; seizure of equipment.

In addition to any other penalty, a person who violates channel net laws forfeits the privilege to hold a channel net license for the next thirty open season days. Any boat, motor, boat trailer, and equipment used in aid of a violation related to channel nets or during the period for which the channel net license has been suspended or revoked must be seized and disposed of as provided in this chapter. This seizure requirement does not apply to requirements relating to lighting of channel nets, distances from the centerline of marked navigation channels if the distance is greater than three hundred feet, and distances between channel nets and other fishing devices.
HISTORY: 2000 Act No. 245, Section 3; 2002 Act No. 342, Section 22.