Bill Text: SC S1087 | 2011-2012 | 119th General Assembly | Amended

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Bill Title: Free Fishing Days

Spectrum: Slight Partisan Bill (Democrat 9-5)

Status: (Passed) 2012-06-27 - Act No. 245 [S1087 Detail]

Download: South_Carolina-2011-S1087-Amended.html

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AMENDED

May 31, 2012

S. 1087

Introduced by Senators Jackson, Cromer, Grooms, Ford, Scott, Elliott, Setzler, Land, Pinckney, Anderson, Ryberg, Matthews, Rankin and Verdin

S. Printed 5/31/12--H.

Read the first time February 29, 2012.

            

A BILL

TO AMEND SECTION 50-9-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES' ABILITY TO DESIGNATE "FREE FISHING DAYS" AND SANCTION FISHING EVENTS EXEMPT FROM FISHING LICENSE REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT TO DESIGNATE "FREE FISHING DAYS", TO DESIGNATE JULY FOURTH AND MEMORIAL DAY AS DAYS WHEN A RESIDENT IS NOT REQUIRED TO POSSESS A LICENSE OR PERMIT FOR FRESHWATER RECREATIONAL FISHING, TO LIMIT DEPARTMENT-SANCTIONED EVENTS THAT ARE EXEMPT FROM FISHING LICENSE REQUIREMENTS TO FRESHWATER EVENTS, AND TO EXEMPT CERTAIN COMMERCIAL FISHERMEN FROM THE PROVISIONS CONTAINED IN THIS SECTION.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 50-9-730 of the 1976 Code is amended to read:

"Section 50-9-730.    (A)    The department may designate up to two days a year as 'free fishing days' during which state residents may fish without procuring the necessary licenses and permits. These days need not be consecutive. This subsection does not apply to commercial fishing privileges. A resident is not required to possess a license or permit for recreational fishing in the freshwaters of this State on the following days:

(1)    the fourth day of July; and

(2)    the date observed by the State for National Memorial Day.

(B)    The department also may designate department-sanctioned fishing events in the freshwaters of the State as exempt from recreational freshwater fishing license requirements. However, the events may not exceed one for each county a year.

(C)    This section does not apply to individuals fishing for a commercial purpose or when a commercial fishing license is required to use certain nongame fishing devices.

(D)    The department must designate two days a year as 'free hunting days' during which state residents may hunt without procuring the necessary licenses and permits. These days need not be consecutive."

SECTION    2.    Section 50-1-160(A) of the 1976 Code, as added by Act 114 of 2012, is amended to read:

"Section 50-1-160.     (A)    Notwithstanding another provision of law, the department may release a vehicle, boat, motor, or fishing device seized from a person charged with a violation of this chapter title to an innocent owner or lien holder of the property."

SECTION    3.    Section 50-9-410(C) of the 1976 Code as added by Act 200 of 2010, is amended to read:

"(C)    A commercial freshwater license is required to:

(1)    fish six or more crayfish traps;

(2)    fish three or more eel pots;

(3)    fish an Elver fyke net;

(4)    fish four or more gill nets or a total of more than one hundred yards of net;

(5)    fish two or more hoop nets;

(6)    fish three or more traps;

(7)    fish four two or more trotlines;

(8)    acquire more than three one trotline tags tag or fish trotlines a trotline with a combined total of more than one hundred fifty-one fifty hooks;

(9)    take freshwater fish for commercial purposes."

SECTION    4.    This act takes effect July 1, 2012.