reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-525. Unlawful deployment of net; penalty.

(A) It is unlawful to use or deploy any net or similar device or any part thereof including line and attached devices so that any part thereof extends more than one-half the width of any saltwater creek, stream, channel, slough, or other salt water regardless of the stage of the tide, river stage, or method of net deployment.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.
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 50-5-530. Placement of stationary and channel nets; time for setting and removal of channel nets; penalty.

(A) It is unlawful to set any stationary nets except channel nets, within six hundred feet of any other net or device for taking fish except traps. It is unlawful to set any channel net within two hundred feet of any other channel net. No channel net may be set within four hundred feet of the centerline of a marked navigation channel. Any channel nets must be removed not later than the close of the channel net season. Lines, buoys, anchors, and associated equipment may be set no earlier than three days before the opening of the channel net season and must be removed not later than three days following the close of the channel net season.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.
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 50-5-535. Placement of fishing equipment near public fishing pier or man-made jetty equipped with fishing walkway.

It is unlawful to set any fishing equipment within six hundred feet of a public fishing pier or man-made jetty equipped with a fishing walkway in the waters of the Atlantic Ocean. The provisions of this section apply only to a fishing pier open to the public or man-made jetty equipped with a fishing walkway open to the public.
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 50-5-540. Use of seine or gill net in state park; shrimp net exception.

It is unlawful to use a seine or gill net in a lagoon, impoundment, or lake within the boundaries of a state park, except that lawful shrimp seines and cast nets for the taking of shrimp are allowed.
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 50-5-545. Commercial blue crab traps; escape vent requirements; peeler trap exemption.

(A) Except as provided in this section, from June 1 through March 14, a trap used for taking blue crab used for commercial purposes must have at least two unobstructed, circular escape vents (rings) which must be two and three-eighths inches or greater in inside diameter and located on vertical surfaces. At least one vent (ring) must be in the upper chamber. All vents (rings) must be within two inches of the horizontal partition or the base of the trap.
(B) A trap used for taking blue crab constructed of a single chamber must have at least one two and three-eighths inch or larger inside diameter escape vent (ring) located on a vertical surface within two inches of the base of the trap. Peeler traps are exempt year round.
HISTORY: 2000 Act No. 245, Section 3; 2002 Act No. 342, Section 23; 2013 Act No. 7, Section 5, eff March 22, 2013.
Effect of Amendment
The 2013 amendment, in subsection (A), substituted "a trap used for taking blue crab" for "a crab trap", and in subsection (B), substituted "A trap used for taking blue crab" for "Crab traps".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-550. Trap buoy size, material, catch release feature and identification tag or other identifying information requirements; seizure of unmarked traps.

(A) Other than minnow traps not used for a commercial purpose, and traps with lines attached to a shore based structure and not used for a commercial purpose, each trap set in the waters of this State must have attached to it a buoy made of solid, buoyant material which does not sink if punctured or if cracked. A spherical or nonspherical primary buoy must be attached to each trap. A nonspherical buoy must be at least ten inches in length and five inches in diameter or width. A spherical buoy must be at least six inches in diameter. No plastic, metal, or glass bottles or jugs may be used as a buoy, and no buoy attached may be made of a material which could sink if punctured or cracked. No floating line or rope may be used. Minnow traps used for commercial purposes must utilize floats no smaller than five inches marked with the operator's name.
(B) The department may require that each trap set in the salt waters of this State have catch release features and identification tags designated by the department.
(C) Each licensed commercial saltwater fisherman licensed to fish traps must acquire an identification number assigned by the department. No person may acquire or attempt to acquire more than one identification number. The assigned identification number must be burned or branded on each primary trap buoy in numerals of at least two inches in height, must be clearly legible, must be in a color contrasting that of the buoy, and must be unobstructed and visible when the buoy is at rest in the water.
(D) The buoy of traps used by individuals for personal use as provided by law in lieu of the identification number required on commercial traps must bear the owner's name and current address and must be yellow in color.
(E) A trap not marked in accordance with this section is contraband and must be seized and disposed of as provided in this chapter.
HISTORY: 2000 Act No. 245, Section 3; 2002 Act No. 342, Section 24; 2013 Act No. 7, Section 6, eff March 22, 2013.
Effect of Amendment
The 2013 amendment, in subsection (A), deleted "and bait dealer license number" from the end.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-555. Trap placement and attention requirements; department inspection, removal, seizure, and disposal.

(A) No trap may be placed within six hundred feet of a public boat ramp or launching area.
(B) No trap may be set so as to leave any portion of the trap dry at any stage of the tide.
(C) No trap may be unattended for more than five days. Without having written permission of the owner, no person may retrieve or remove catch from any trap the buoy of which is marked with a number assigned by the department to another person.
(D) No trap may be set so as to obstruct navigation in any creek or other navigable water course, access point, or mooring point. A trap determined by the department to be in violation of this section may be removed by the department and disposed of as provided in this chapter.
(E) The department may inspect traps for compliance with this section at any time. If the department finds any trap:
(1) set in violation of this section;
(2) containing excessive dead catch or only dead catch; or
(3) with buoy, line, or trap displaying excessive marine growth, the trap is contraband and must be seized and disposed of as provided in this chapter.
(F) No trap may be in the waters of the General Trawling Zone as established by Section 50-5-705 when these waters are open to trawling for shrimp.
HISTORY: 2000 Act No. 245, Section 3; 2022 Act No. 198 (H.4986), Section 1, eff July 15, 2022.
Effect of Amendment
2022 Act No. 198, Section 1, added (F).
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-560. Blue crab traps on Cooper River.

Notwithstanding the provisions of Chapter 13 of this title, traps used for taking blue crabs may be fished on Cooper River upstream to the confluence of the east and west branches of Cooper River; provided that all requirements of this chapter are complied with.
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 50-5-565. Time restrictions for placement of commercial traps.

It is unlawful to set, move, fish, retrieve, or remove catch from traps during the following times:
(1) from 9:00 p.m. until 5:00 a.m. the following day, local time, from April 1 through September 15; and
(2) from 7:00 p.m. until 6:00 a.m the following day, local time, from September 16 through March 31.
This prohibition does not apply to recreational fishermen using properly marked personal traps.
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 50-5-575. Violation of provision for which no penalty provided; seizure and disposal of unlawful devices.

(A) A person who violates a provision of this article for which no penalty is specified is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
(B) Any unlawful fishing device or any fishing device used in an unlawful manner is contraband and must be seized and disposed of as provided by law.
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 50-5-580. Gigging for fish in saltwaters of Georgetown County.

It is unlawful in Georgetown County for a person to gig for fish in saltwaters from the northern tip of North Island to the northern tip of Magnolia Beach during the daylight hours. Any person violating the provisions of this section, upon conviction, shall be fined not more than one hundred dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 23.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-581. Gigging for flounder.

It is unlawful for a person to gig for flounder in the salt waters of this State during daylight hours. For the purposes of this section, "daylight hours" means that period of time between official sunrise and official sunset. Any person violating the provisions of this section, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. For the purposes of this section, gigging does not include underwater spear fishing.
HISTORY: 2013 Act No. 14, Section 1, eff April 23, 2013.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-720. Disposal of trawl bycatch; penalty.

(A) It is unlawful to dispose of trawl bycatch or waste fisheries products at any time into state waters within one-half nautical mile of any Atlantic Ocean beach for which trawling restrictions are provided.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 4.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-725. Trawling waters description references.

The description of trawling waters in this article refers to the National Oceanic Service Nautical Charts prepared by the National Oceanic and Atmospheric Administration (NOAA) and future revisions of these charts by the federal government. References to points of latitude and longitude in this chapter are North American Datum 1983-1986 and take precedent over any reference to landmarks, buoys, jetties, or other physical features.
HISTORY: 2000 Act No. 245, Section 4.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-730. Trawling near public fishing pier; penalty.

It is unlawful to trawl within one-half nautical mile of any public fishing pier in the salt waters. 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 five hundred dollars or imprisoned for not less than thirty days.
HISTORY: 2000 Act No. 245, Section 4.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-735. Night trawling; finfish exception.

(A) Except as provided in this section it is unlawful to trawl at night. Night as used in this section means:
(1) from April 1 through August 31 inclusive: 9:00 p.m. to 5:00 a.m. the following day, local time; and
(2) from September 1 through October 31 inclusive: 8:00 p.m to 6:00 a.m. the following day, local time; and
(3) from November 1 through March 31 inclusive: 7:00 p.m to 6:00 a.m. the following day, local time.
(B) The department may grant permits authorizing night trawling for finfish.
HISTORY: 2000 Act No. 245, Section 4.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-740. Blue crab trawling season; penalty for trawling out of season; seizure and disposal of contraband.

(A) The department annually may set the season for taking blue crabs (Callinectes sapidus) by trawling between December 1 of one year through March 31 of the following year, inclusive. It is unlawful to trawl for crabs during the closed season.
(B) Any person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days. Any catch aboard or under control of the fisherman or other person at the time of the violation is contraband and must be seized and disposed of as provided in this chapter.
HISTORY: 2000 Act No. 245, Section 4.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-745. Blue crab taken by legal shrimp trawlers.

The operator of a shrimp trawler may take, retain, and market lawful size blue crabs taken in the normal lawful process of trawling for shrimp during the seasons set for taking shrimp.
HISTORY: 2000 Act No. 245, Section 4.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-750. Crab trawling equipment restrictions; penalty.

It is unlawful to trawl for crabs with equipment with a mesh of less than four inches stretched, and chafing gear of any sort must not be more than one-half the circumference of the tailbag. 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 five hundred dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 4.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-755. Permits to trawl or dredge for finfish, blue crabs, whelks, and horseshoe crabs; limitations and conditions as to equipment; penalty.

(A) The department may grant permits to licensed commercial saltwater fishermen to trawl or dredge for finfish, blue crabs, whelks (conchs), or other marine resources in any portion of the General Trawling Zone and for horseshoe crabs in the salt waters of this State. A captain engaged in the activity must possess a valid permit for the purpose granted by the department. A vessel lawfully engaged in taking shrimp with trawl nets having stretched mesh of less than two and one-half inches does not require a permit to retain lawful finfish, blue crabs, whelks, or other marine resource.
(B) Permits granted under this section may be limited and may include conditions as to minimum size requirements, mesh size of nets and other devices, fishing times or periods, fishing areas, species which may be retained for sale, catch limitations, catch reporting requirements, and other matters which it considers necessary. Unless permitted under this section, no net having a mesh of less than four inches stretched mesh may be aboard a boat trawling during the closed season for shrimp unless the net is stored below deck or secured in a locked bin or container.
(C) The provisions of this section do not apply to the use of equipment permitted for taking oysters and hard clams in accordance with other provisions of law and regulations.
(D) A person who violates this section by failing to acquire a permit, trawling at a time other than times allowed by law or under permit, or trawling in a nonpermitted area is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars nor more than five thousand dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 4.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-760. Illegal trawling.

The operator of any vessel operating in an area or during a time when trawling is restricted or prohibited and which vessel does not have its trawl doors completely out of the water is illegally trawling.
HISTORY: 2000 Act No. 245, Section 4.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-765. Use of turtle excluder devices; penalty.

(A) Except as provided in this section, a turtle excluder device must be used in trawl nets in the salt waters of this State under the same conditions required by federal regulations.
(B) Until the federal regulations are amended to require turtle excluder device escape openings having dimensions equal to or greater than those required in item (1) of this subsection, each trawl net using a hard turtle excluder device in the salt waters of this State:
(1) must have a turtle excluder device escape opening of no less than thirty-five inches in taut horizontal length and no less than twenty inches in simultaneous vertical taut height, or
(2) must have a federally approved leatherback or double cover flap hard turtle excluder device modification.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand five hundred dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 4; 2002 Act No. 260, Section 1; 2002 Act No. 342, Section 27.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-770. Shrimp trawl requirements; penalties.

(A) A shrimp trawl made in part or in whole of any webbing less than two and one-half inches stretched mesh and exceeding a head rope length of sixteen feet used in the waters of this State must contain one or more department-approved, properly installed bycatch reduction devices.
(B) It is unlawful to have on board a vessel or to trawl with any trawl or trawls having a total foot rope length greater than two hundred twenty feet, not including the foot rope length of:
(1) a single trawl not greater than sixteen feet when used as a try net, or
(2) any trawl bundled and stored below deck or secured in a locked bin or container on deck.
(C) When a vessel is underway, this section applies to trawls attached to trawl doors.
(D) When a vessel is moored at a dock or anchored, this section applies to trawls attached to trawl doors or hung in the vessel's rigging.
(E) The department may exempt trawls utilized by persons holding a valid scientific collection permit granted by the department.
(F) A person who violates subsection (A) 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, and any such trawl may be seized.
(G) A person who violates subsection (B) 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 not more than thirty days, and any trawl on board may be seized.
HISTORY: Act No. 245, Section 4; 2000 Act No. 327, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-900. Commercial shellfish culture or mariculture permits; term.

(A) The department may grant permits to any state resident for the exclusive use of portions of the intertidal or subtidal state-bottoms or waters for commercial shellfish culture or mariculture not to exceed an aggregate of five hundred acres of bottoms or an aggregate of one hundred surface acres of waters to any entity. In exercising its discretion the department may consider applicants' previous performance and compliance with natural resources laws.
(B) Each permit is valid for five years and may be renewed for additional terms.
HISTORY: 2000 Act No. 245, Section 5.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-905. Permit applications; fee.

(A) A person or entity desiring to acquire a Shellfish Culture Permit or a Shellfish Mariculture Permit for any bottoms or waters must make written application to the department on a form provided by the department. A nonrefundable sum of twenty-five dollars must accompany the application for each permit. If the proposed area is available for shellfish culture or mariculture, the department shall determine:
(1) the acreage of waters or shellfish bottoms; and
(2) the acreage capable of producing shellfish.
(B) No other Shellfish Culture Permit may be granted for the bottoms delineated within an existing Shellfish Culture Permit area. However, within the perimeter boundary of an existing Shellfish Culture Permit, the department may grant permits for mariculture for waters or bottoms not then under culture permit.
HISTORY: 2000 Act No. 245, Section 5.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-910. Permit requirements; lottery; sworn statement as to distribution through properly licensed wholesale seafood dealer.

(A) An applicant for Shellfish Culture Permits and Shellfish Mariculture Permits must:
(1) satisfy the department that the applicant has sufficient shellfish culture experience and will directly manage and supervise the cultivation of the permit area applied for, or will employ a qualified individual as manager within three months following the date that the permit becomes effective;
(2) own and employ or provide assurance that the applicant is capable of acquiring the necessary equipment and personnel to effectively harvest and manage the area in question; and
(3) hold or be qualified to obtain all state and federal approvals required for use of the bottoms or waters for which application is made.
(B) In cases where two or more individuals who are equally qualified apply for a permit for the same bottoms or waters, the granting of the permit may be determined by lottery. The order in which applications are received shall have no bearing on the granting of a permit.
(C) Persons and entities granted Shellfish Culture Permits and Shellfish Mariculture Permits must submit a sworn statement stating the permittee has a wholesale seafood dealer's license, a molluscan shellfish license, and a shellfish facility certified by the South Carolina Department of Health and Environmental Control or that all shellfish harvested for sale shall be handled through a licensed wholesale seafood dealer having a molluscan shellfish license and a Department of Health and Environmental Control approved facility.
HISTORY: 2000 Act No. 245, Section 5.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-915. Review of applications; permit requirements or conditions; revocation duties delegated to deputy director for Marine Resources.

(A) In reviewing applications for Shellfish Culture Permits and Shellfish Mariculture Permits, the department must:
(1) review applications for permits and consider each applicant's qualifications, and may conduct personal interviews;
(2) consider contested permit applications, permit revisions, variances, or revocations; and
(3) consider the allocation of shellfish bottoms and waters for public or private use.
(B) Permits may be conditioned by the department to include requirements related to:
(1) shellfish production and reporting;
(2) mariculture structures and operations;
(3) guarantee of public rights of access and nonconflicting uses of permitted areas;
(4) planting variances;
(5) bonding and escrow;
(6) the department being held harmless from any claims or damages resulting from the permitted operations;
(7) correction of any environmental degradation which may result from the permitted activity; and
(8) revocation for failure to comply with permit performance conditions.
(C) Revocation of Shellfish Culture Permits and Shellfish Mariculture Permits may be delegated by the department director to the deputy director for Marine Resources.
HISTORY: 2000 Act No. 245, Section 5.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-920. Mitigation of adverse impacts on shellfish bottoms and waters.

(A) If this State authorizes any activity or use which requires closure of shellfish bottoms or waters, the portion of permitted bottoms or waters which falls within the closed area may be removed from the permit acreage, and the permit acreage agreement and annual fee adjusted on the annual renewal date.
(B) If any activity or use is permitted:
(1) over the objections of the department; or
(2) for a project of overriding public need;
and if the activity or use causes shellfish bottoms or waters to be unsuitable for the purposes of shellfish propagation or diminishes the productivity of any shellfish bottoms or waters, the agency which allowed the activity, upon recommendation by the department, must require mitigation for the loss of the resource. Mitigation must not be considered as a factor to justify adverse impacts, and this section must not be interpreted as authorizing any adverse impact on shellfish bottoms or waters.
(C) If an unauthorized action results in an adverse impact on shellfish bottoms or waters, the responsible party may be required by the department to mitigate for the loss of the resource and to compensate the department's shellfish permittee.
(D) Where shellfish grounds have been adversely impacted or closed by previous state authorization and there is additional adverse impact authorized by a state agency, the proponent (permittee) of the additional activity or use must mitigate the additional adverse impact. All such mitigation must benefit the resource.
(E) Mitigation of adverse impacts on shellfish bottoms and waters must be determined by the department. The determination constitutes a final agency decision for the purposes of the Administrative Procedures Act.
HISTORY: 2000 Act No. 245, Section 5.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-925. Publication of notice of application.

Upon conditional approval by the department of the shellfish culture or mariculture application and map, the applicant must publish a notice in a form satisfactory to the department advising all interested persons that the applicant has applied for a Shellfish Culture Permit or Shellfish Mariculture Permit and provide a specific description of the bottoms or waters. The notice must be published once a week for three consecutive weeks in a newspaper of general circulation in the county of the proposed permit.
HISTORY: 2000 Act No. 245, Section 5.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-930. Preference.

If a person granted a Shellfish Culture Permit or a Shellfish Mariculture Permit reapplies for the same bottoms or waters in the next ensuing term, the department must give preference to that applicant if the applicant has complied with all requirements of this article and his permit.
HISTORY: 2000 Act No. 245, Section 5.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-935. Fees; late payment penalty.

Each person granted a Shellfish Culture Permit or a Shellfish Mariculture Permit must pay an annual fee of five dollars an acre for the bottoms on which he has been granted shellfishing rights, or five dollars an acre of water surface determined at mean high water delineated on the permit map, or both, when waters above permitted bottoms are also permitted. In the case of bottoms, the annual permit fee must be based on the number of bottom acres producing or capable of producing shellfish. The annual fee for shellfish permits must be prorated from the first of the month following the issuance of the permit to February 1 next. Thereafter, all annual fees are payable in advance. On February 1, the department must invoice each permittee. If the annual fee is not paid by March 1, the department must add a late penalty of ten percent. If the department does not receive the fee and any penalty on or before April 1, the permit is void.
HISTORY: 2000 Act No. 245, Section 5.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-940. Replanting for Shellfish Culture permittees; notice to department; revocation of permit or reduction of acreage for failure to replant.

(A) Each Shellfish Culture permittee must plant fifty bushels of shell, seed oysters, seed clams, or other approved culch, or equivalent as determined by the department, annually for each acre of bottoms in his permit. All culch planting must be done between May 1 and August 31, inclusive, except permittees may replant green oyster shell from current operations if the shell is replanted within three days after gathering. Seed oysters and seed clams may be planted at any time of the year. All planting must be done only after notice to and with the approval of the department.
(B) The department may allow credit for planting on shellfish bottoms not under permit. If the plantings are previously approved by the department, credit must be given toward the permittee's annual quota in an amount equal to two times that of the number of bushels actually planted.
(C) The department may provide incentives to permittees for improved or innovative management and cultivation techniques in the form of additional planting credits or planting variances.
(D) If a permittee does not plant the required quota of approved culch or seed, his permit must be revoked or the permitted acreage reduced based upon the percentage of quota actually planted. In the event a permittee believes a permitted area, or a portion thereof, does not require planting for reasons of sound management, he must apply in writing to the department for a variance in his annual quota. The decision as to whether or not the bottoms must be planted or a variance given is within the discretion of the department. One cubic yard of approved culch is considered as twenty-one and seven-tenths bushels.
(E) The provisions of this section do not apply to Shellfish Mariculture Permits.
HISTORY: 2000 Act No. 245, Section 5.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-945. Permit to take shellfish for replanting or use in mariculture; conditions.

(A) Shellfish Culture permittees must acquire a permit to take shellfish for replanting from state bottoms designated by the department for that purpose. The permittee must make application to the department ten days before removing shellfish.
(B) Shellfish Mariculture permittees must acquire a permit from the department to take wild shellfish seed for use in mariculture.
(C) Permits issued pursuant to this section may include conditions related to:
(1) harvest dates and harvest areas;
(2) shellfish size and quantity limits;
(3) cull requirements; and
(4) protection of the natural resources of this State.
HISTORY: 2000 Act No. 245, Section 5; 2017 Act No. 30 (S.465), Section 3, eff May 10, 2017.
Effect of Amendment
2017 Act No. 30, Section 3, inserted the paragraph designators; in (A), in the first sentence, substituted "must" for "may"; and added (B) and (C), relating to shellfish mariculture permits and permit conditions.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-950. Specification of other terms and conditions.

In addition to the requirements of this article, the department may specify other permit terms and conditions. The department may require a written agreement between or among permittees holding bottoms or waters within a specified perimeter boundary. If the permittee violates any terms or conditions of the permit or a written agreement, the department may revoke or suspend the permit.
HISTORY: 2000 Act No. 245, Section 5.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-955. Designation and maintenance of Public Shellfish Grounds; areas containing DHEC permitted structure; taking for commercial purpose prohibited.

(A) The Department of Natural Resources may designate and shall maintain public shellfish grounds where persons holding or exempted from holding a recreational saltwater fishing license may gather shellfish solely for personal use not to exceed the personal limits specified in this article. The open areas must be located preferably at or near public landings. The Department of Natural Resources may not designate an area located within one thousand feet of highland property capable of development as a public shellfish ground. Areas designated before January 1, 1996, are exempt from the siting provision of this section and retain their designation until such designation is removed by the department.
(B) No area currently containing a structure permitted by the Department of Health and Environmental Control or its successor agency may be designated pursuant to this section. The Department of Health and Environmental Control or its successor agency may not issue a permit for utilization of a critical area designated as a Public Shellfish Ground.
(C) A person taking shellfish from a Public Shellfish Ground for commercial purposes or selling or attempting to sell shellfish taken from a Public Shellfish Ground is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 5; 2009 Act No. 15, Section 5, eff July 1, 2009.
Effect of Amendment
The 2009 amendment, in subsection (A), in the first sentence substituted "recreational saltwater fishing license" for "marine recreational fishing stamp as required by Article 19 of this chapter".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-960. Rules governing recreational shellfish bottom harvests.

(A) The following provisions apply to the taking and possessing of shellfish from bottoms designated by the department for recreational shellfish harvest by persons not permitted to harvest shellfish for commercial purposes:
(1) there is a personal limit of not more than two bushels of oysters or one-half bushel of clams, or both, in any one day;
(2) no person may harvest shellfish recreationally on more than two calendar days per any seven-day period; and
(3) regardless of the number of persons, there is a maximum possession limit of three personal limits per boat or vehicle or boat and vehicle combination.
(B) No person other than a person holding the required commercial license and permit may have in possession more than the daily limit provided in this article while on the waters of this State or the adjoining lands, provided that this prohibition does not apply to persons possessing or transporting properly tagged shellfish received from a licensed and certified wholesale seafood dealer.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 5; 2002 Act No. 342, Section 28.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-965. Taking shellfish from bottoms designated for commercial harvest; individual harvester permits; written approvals; penalties.

(A) A person who takes shellfish from bottoms or waters designated for commercial harvest must possess an individual harvesting permit granted by the department if the person:
(1) harvests or possesses quantities greater than those provided in this article for personal use; or
(2) harvests for commercial purposes.
(B) In order to obtain an individual harvesting permit, a person must be a licensed commercial saltwater fisherman, hold all other appropriate valid commercial licenses, and complete any shellfish training required by regulations promulgated by the South Carolina Department of Health and Environmental Control pursuant to Section 44-1-140.
(C) Permits issued pursuant to this section may include conditions related to:
(1) harvest dates and harvest areas;
(2) shellfish size and quantity limits;
(3) cull requirements; and
(4) protection of the natural resources of this State.
(D) The department may limit the number of areas not under Shellfish Culture Permit or Shellfish Mariculture Permit on which an individual may be permitted to harvest.
(E) When bottoms or waters are under permit for shellfish culture or mariculture, permittees may allow persons to harvest shellfish from bottoms and waters permitted to him. In addition to the permit required in subsection (A), harvesters must possess written approval from the Shellfish Culture permittee or Shellfish Mariculture permittee in a form approved by the department. Culture and Mariculture permittees must provide approved harvesters with the written permission and must maintain accurate record of harvesters' names, addresses, and, if available, telephone numbers.
(F) It is unlawful for a person to take or attempt to take shellfish in quantities greater than those for personal use provided in this article from any state-owned bottoms or waters without having in his possession a valid individual commercial harvesting permit granted to him.
(G) It is unlawful for any person to take or attempt to take shellfish from state-owned bottoms or waters under permit for shellfish culture or mariculture without a valid individual harvester permit granted to him by the department.
(H) A person who violates this section, or a condition of a permit issued pursuant to this section, is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days.
HISTORY: 2000 Act No. 245, Section 5; 2002 Act No. 342, Section 29; 2017 Act No. 30 (S.465), Section 4, eff May 10, 2017.
Effect of Amendment
2017 Act No. 30, Section 4, amended and redesignated (G) as (B), relating to requirements for obtaining an individual harvester permit, inserted (C), relating to permit conditions, and redesignated accordingly; and in (H), inserted ", or a condition of a permit issued pursuant to this section,".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-970. Mechanical harvest permits; penalties.

It is unlawful to take or attempt to take shellfish from any bottoms or waters of this State for any purpose by mechanically operated devices, including dredges, hydraulic escalators, patent tongs, hoists, cranes, and mechanical shellfish harvesters without obtaining a mechanical harvest permit from the department. A person taking or attempting to take shellfish by mechanically operated devices without an appropriate, valid mechanical harvesting permit 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. Any commercial equipment or vessel used in violating this section and any shellfish in possession at the time of a violation is contraband.
HISTORY: 2000 Act No. 245, Section 5.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-975. Commercial and personal harvest limited to areas specified on permit; penalties; voluntary surrender of commercial permit.

(A) A person permitted to harvest shellfish from state- owned bottoms for commercial purposes must harvest, whether for commercial or personal use, from only the areas of state bottoms specified on the permit. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
(B) Following voluntary surrender of a commercial shellfish harvest permit by a commercial saltwater fisherman, the department must not reissue a commercial shellfish harvest permit to the person during the remainder of the license year.
HISTORY: 2000 Act No. 245, Section 5.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-980. Erection and maintenance of signs; penalty.

It is unlawful for a person, without approval of the department, to erect or maintain any sign over or on any state shellfish bottoms or waters. However, a Culture or Mariculture Permit holder may erect signs approved by the department to designate areas under permit. This section in no way affects placement by an authorized public agency of signs for aid to navigation, public health, public safety, and geographic designation. 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 five hundred dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 5.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-985. Setting season for taking shellfish; bringing shellfish into State during closed season; night harvests; penalties.

(A) The department annually may set the season for taking shellfish between September 16 of any year through May 15 of the following year, inclusive. It is unlawful for a person to take or attempt to take any shellfish from shellfish grounds during the closed season. A person who violates the provision of this subsection for 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 and must have his saltwater privileges suspended for twelve months. A person who violates this section for a noncommercial purpose is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
(B) It is unlawful to take or attempt to take shellfish from any grounds closed by the department or any other authorized government agency. A person who violates the provision of this subsection for a commercial purpose is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months. A person who violates the provisions of this subsection for a noncommercial purpose 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.
(C) The department has the authority to open or close any area for the taking of shellfish for any specified period at any time during the year when biological or other conditions warrant.
(D) Nothing in this section prevents the department from permitting the taking of shellfish for the purposes of replanting or propagation.
(E) Shellfish imported into this State during the closed season must bear written evidence, such as a bill of lading or other official document from the State of removal, which verifies that the shellfish were lawfully taken from that state. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars.
(F) It is unlawful for a person to harvest shellfish between one-half hour after sunset as locally published and one-half hour before sunrise as locally published. In the case of bottoms under Shellfish Culture Permit or Shellfish Mariculture Permit harvesting of shellfish during the specified period is lawful with the written permission of the department.
HISTORY: 2000 Act No. 245, Section 5; 2002 Act No. 342, Section 30.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-990. Size limitations for hard clams of the genus Mercenaria; permits for possession and sale of undersized clams; penalties.

(A) It is unlawful to take or attempt to take, possess, sell, purchase, or import a hard clam of the genus Mercenaria of less than one inch in thickness as measured from the exterior surface of one shell of the intact clam to the exterior surface of the opposite shell. A person taking a clam of other than legal size must immediately return it to the bottoms from whence it came.
(B) It is lawful for persons and entities engaged in shellfish mariculture operations to possess mariculture clams of less than the minimum size specified in this section and to import, purchase, sell, or transplant undersized mariculture clams, as defined in this section, by obtaining a permit. It is also lawful for a licensed wholesale seafood dealer or retail restaurant to purchase and possess for resale undersized maricultured clams purchased from a mariculture operation permitted pursuant to this section, provided the licensed wholesale seafood dealer or retailer has proof of origin in possession for each lot of clams purchased.
(C) A violation of this section by a person is a misdemeanor and, upon conviction, that person must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 5.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-995. Shellfish mariculture operation permits.

The department may permit persons and entities engaged in shellfish mariculture operations to take, possess, and sell maricultured shellfish at any time during the year.
HISTORY: 2000 Act No. 245, Section 5.