§ 50-5-1100 — Lawful and unlawful taking of shrimp; penalties.

South Carolina § 50-5-1100

• Jurisdiction: South Carolina
• Title 50: FISH, GAME AND WATERCRAFT
• Ch. 5: MARINE RESOURCES ACT

Text

(A) It is unlawful to catch or take shrimp by any means for commercial purposes outside the General Trawling Zone or outside the legal channel net zones as established by the department, other than for sale as live bait, or in or near any waters or bottoms which have been baited by placing, depositing, or scattering any material to attract or lure shrimp toward the bait or to cause shrimp to congregate in the area where the bait is placed. Furthermore, it is unlawful to take or attempt to take shrimp by the use of a shrimp trap or shrimp pot. (B) The department shall establish annually a sixty-day open season between September 1 and November 15 for taking shrimp over baited areas. The sixty days may but are not required to be consecutive. It is unlawful for anyone to take, or attempt to take, shrimp over bait during the closed season for taking shrimp over bait. The provisions of this subsection do not apply to anyone taking or attempting to take shrimp over bait by the use of a drop net from a pier, dock, or other structure permanently affixed to the high land. (C) It is unlawful for a resident or nonresident of this State to take shrimp by cast net over bait during the open season unless he first obtains from the department a shrimp baiting license and associated tags, except that a resident possessing the required license and associated tags, while shrimping from a boat may be assisted in casting by other resident individuals in the boat with him and those individuals are not required to have a license or associated tags. Upon receipt of application and fees, the department shall issue the license along with ten marking device tags bearing the corresponding license number. Each licensee while shrimping over bait shall carry on his person his baiting license and upon demand shall show it to an enforcement officer. (D) It is unlawful for a person to borrow, loan, or exchange a baiting license or tags with another person. In addition to the penalties set forth in this section, he shall forfeit any right to any baiting license and tags issued to him. In addition, he is prohibited from procuring another baiting license and tags for the season for which the baiting license and tags so borrowed, exchanged, or loaned were issued. (E) The fee for a resident shrimp baiting license and associated tags is twenty-five dollars. The fee for the issuance of the nonresident shrimp baiting license and associated tags is five hundred dollars. The department may issue duplicate baiting licenses or tags upon affidavit from the licensee that he has lost his baiting license or tags. The duplicate license or tags must be labeled "Duplicate". The fee for the issuance of a duplicate shrimp baiting license is twenty-five dollars for residents and one hundred dollars for nonresidents. The fee for the issuance of each duplicate tag is one dollar for residents and four dollars for nonresidents. All monies derived from the issuance of all licenses and tags authorized in this section are retained by the department for the purposes of administration and enforcement of this section and article and to conduct an annual survey of the fishery. (F)(1) It is unlawful for a person to catch or take shrimp over a baited area unless each bait deposit is marked by a pole not to exceed one inch in diameter which is driven into the ground and with the department-issued tag securely attached to it. (2) It is unlawful for a person to catch or take shrimp over a baited area unless each pole is plainly marked with reflective tape. (3) There is a ten-pole limit a boat a day. Additional boats in tow may not be used to increase the number of authorized poles. (4) There is a ten-pole limit for each person who is shrimping over a baited area if no boat is being used. (5) If more than one pole is being used, the distance between the first and the last pole may not exceed one hundred yards. (6) The minimum distance between each set of poles may not be less than twenty-five yards. (7) No pole or set of poles may be left unattended, and if the licensee is not located in the immediate vicinity, the poles must be confiscated by the department. (8) The licensee is allowed to shrimp over only those poles bearing his corresponding license number. It is unlawful during the closed season for taking shrimp over bait to have aboard any boat, any poles, or material that can be used to attract, lure, or cause shrimp to congregate. It is unlawful to set poles within fifty yards of a dock or public landing or boat ramp. Nothing in this subsection prevents the owner of a private dock or anyone with his written permission from taking shrimp over bait from the dock as long as the department-issued license tag is clearly displayed upon the dock in lieu of the pole required in this section. (G) The provisions of subsection (F) do not apply to anyone taking or attempting to take shrimp by the use of a drop net over bait from a pier, dock, or other structure permanently affixed to the high land. (H) A person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars and may be imprisoned for not more than thirty days and the shrimp baiting privilege must be suspended for two years. The boat, motor, trailer, rigging, coolers, nets, fishing devices, and catch are contraband and must be seized and disposed of as provided in this chapter. (I) A person who violates the provisions of subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days and the boat, motor, trailer, rigging, coolers, fishing devices, and catch are contraband and must be seized and disposed of as provided in this chapter. In addition, his privilege to catch shrimp over bait will be suspended for a period of two years from the date of conviction. (J) A person who violates the provisions of subsection (C) or (D) is guilty of a misdemeanor and, upon conviction for a first offense, must be fined two hundred dollars or imprisoned for not more than thirty days and the catch is contraband and must be seized and disposed of as provided in this chapter. A person who violates subsection (C) or (D) for a second or subsequent offense is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days and the boat, motor, trailer, rigging, coolers, fishing devices, and catch are contraband and must be seized and disposed of as provided in this chapter. (K) A person who violates the provisions of subsection (F) is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars, and the catch is contraband and may be seized and if seized must be disposed of as provided in this chapter. (L) Each quart of shrimp taken in violation of the provisions of this section is a separate offense. (M) No part of the minimum fines provided in this section may be suspended.

Legislative History

HISTORY: 2000 Act No. 245, SECTION 6; 2002 Act No. 342, SECTIONS 31, 50.