§ 50-5-1510 — Special provisions as to shad and herring.

(A) The following special provisions apply to shad and herring: (1) It is unlawful to take shad by hook and line or by skim-bow net while operating or possessing any commercial fishing equipment for taking shad or herring. (2) It is unlawful for a recreational fisherman to take shad or herring with any other fishing equipment except cast nets, skim-bow nets, and hook and line which includes rod and reel, provided that a properly licensed gill net may be used to take shad or herring for recreational purposes. Except from sanctuaries designated by the department, a recreational fisherman may take shad or herring: (a) by hook and line and cast net at any time of the year, (b) by skim-bow net from February 1 through April 30; and (c) by licensed gill net during those times provided in this article for commercial fishing. (3) It is unlawful to possess saltwater or freshwater gamefish or fishing tackle capable of taking saltwater or freshwater gamefish while taking or attempting to take shad or herring with gill nets. (4) Nongame fish taken in lawfully fished shad or herring nets or skim-bow nets may be kept by the fisherman. Any Atlantic sturgeon caught during the closed season for Atlantic sturgeon and any gamefish must be returned immediately to the water. (5) It is unlawful to set a net in a fixed position in the navigation channel of the Atlantic Intracoastal Waterway. (6) A net used for shad in the territorial sea must have a stretched mesh size of no smaller than five and one-half inches and be freely drift fished. The gill net must not be staked or otherwise set in a fixed position, tied to a boat, or anchored in any manner or in any way restricted in its movement. For the purpose of this section, "anchored" includes the use of any weight not part of the normal construction of the net. (7) No gill net may be left unattended while in the territorial sea, and any such net is contraband and must be seized and disposed of as provided in this chapter. (8) In the territorial sea no fisherman may set, fish, possess, or have aboard a boat shad or herring gill netting in excess of six thousand feet. (9) A gill net used for taking or attempting to take shad in the inshore salt waters of this State must have a stretched mesh size of no smaller than five and one-half inches and a length not exceeding nine hundred feet. Gill nets for taking shad in the inshore salt waters of this State may be drift fished or set in accordance with this chapter. Only one shad gill net may be drift fished by occupants of a boat, and the drift net must be attended at all times when deployed. Additional boats in tow may not be used to increase the number of authorized nets. (10) Except as otherwise provided by law or by regulation promulgated under this article, any gill net used for taking or attempting to take shad in the freshwaters of this State must have a stretched mesh size of no smaller than five and one-half inches and be no longer than six hundred feet. Gill nets for taking shad in the freshwaters of this State may be freely drift fished or set in accordance with the provisions of this chapter. Only one shad gill net may be drift fished by occupants of a boat, and the drift net must be attended at all times when deployed. Additional boats in tow may not be used to increase the number of authorized nets. (11) A gill net used for taking or attempting to take herring in the salt waters of this State must have a mesh size of two and one-half inches stretched and a length no greater than nine hundred feet. Only one herring gill net may be used by occupants of a boat, and the drift net must be attended at all times when deployed. Additional boats in tow may not be used to increase the number of authorized nets. (12) A gill net used for taking or attempting to take herring in freshwaters must have a stretched mesh of two and one-half inches stretched and a length no greater than six hundred feet. (13) A gill net used for taking or attempting to take shad or herring in the salt waters of this State must have at least one end buoy attached which has the name and license number of the owner clearly marked on it. A buoy not less than twenty inches in diameter must be attached to each end of the net, and in any net more than three hundred feet in length a buoy not less than ten inches must be attached every three hundred feet on the float line. All buoys must be international orange in color and must float so as to be clearly visible at all times. (14) A gill net used for taking or attempting to take shad or herring in the freshwaters of this State must be marked with buoys, international orange in color and not less than six inches in diameter, which float in a manner to be clearly visible at all times. One buoy must be attached to the float line of the net every three hundred feet, and a buoy must be attached to each end of each net. At least one end buoy attached to the net must have the name and license number of the owner clearly marked on it. (15) Skim-bow nets must be used or fished only from high land or from a pier, dock, or other structure permanently affixed to high land without the aid of any power assisted device. Only shad, herring, and other nongame fish may be retained and no such fish may be sold. (B)(1) For a violation of subsection (A)(6) or (A)(8), a person 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. (2) A person who takes or attempts to take shad or herring in violation of any other subsection 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. (3) Each net set or fished in violation of this section constitutes a separate offense.

Legislative History

HISTORY: 2000 Act No. 245, SECTION 8; 2002 Act No. 342, SECTION 36.