2001-2002 Bill 1163: Freshwater Fisheries Hatchery Stamp Required While Fishing for Bass

1 BIL: 1163 2 TYP: General Bill GB 3 INB: Senate 4 IND: 20020327 5 PSP: Gregory 6 SPO: Gregory 7 DDN: l:\council\bills\swb\5253djc02.doc 8 RBY: House 9 COM: Agriculture, Natural Resources and Environmental Affairs Com 20 HANR 10 LAD: 20020410 11 SUB: Freshwater Fisheries Hatchery Stamp required while fishing for bass and 12 trout 13 14 15 HST: 16 17 Body Date Action Description Com Leg Involved 18 ______19 House 20020417 Introduced, read first time, 20 HANR 20 referred to Committee 21 ------20020411 Scrivener's error corrected 22 Senate 20020411 Read third time, sent to House 23 Senate 20020410 Amended, read second time 24 ------20020408 Scrivener's error corrected 25 Senate 20020404 Committee report: Favorable with 07 SFGF 26 amendment 27 Senate 20020327 Introduced, read first time, 07 SFGF 28 referred to Committee 29 30 31 32 Versions of This Bill 33 34 35 Revised on 20020404 36 Revised on 20020408 37 Revised on 20020410 38 Revised on 20020411 39 40 41 TXT: 1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE AMENDMENT ADOPTED 5 April 10, 2002 6 7 S. 1163 8 9 Introduced by Senator Gregory 10 11 S. Printed 4/10/02--S. [SEC 4/11/02 8:14 PM] 12 Read the first time March 27, 2002. 13 14 15

1 [1163-1] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF 12 LAWS OF SOUTH CAROLINA, 1976, RELATING TO 13 HUNTING AND FISHING LICENSES, BY ADDING SECTION 14 50-9-545 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR 15 A PERSON TO TAKE STRIPED BASS, HYBRID STRIPED 16 BASS, BROOK TROUT, BROWN TROUT, RAINBOW 17 TROUT, OR SMALL MOUTH BASS IN THE FRESHWATERS 18 OF THIS STATE WITHOUT FIRST PROCURING A STATE 19 FRESHWATER FISHERIES HATCHERY STAMP AND 20 HAVING A VALID STAMP IN THEIR POSSESSION WHILE 21 FISHING OR TRANSPORTING STRIPED BASS, HYBRID 22 STRIPED BASS, BROOK TROUT, BROWN TROUT, 23 RAINBOW TROUT, OR SMALL MOUTH BASS CAUGHT IN 24 THE FRESHWATERS OF THIS STATE, TO PROVIDE FOR 25 FURNISHING THE STAMP AND FOR USE OF THE 26 PROCEEDS FROM THE SALE OF THE STAMP, AND TO 27 PROVIDE PENALTIES FOR VIOLATIONS OF THIS 28 SECTION. 29 Amend Title To Conform 30 31 Be it enacted by the General Assembly of the State of South 32 Carolina: 33 34 SECTION 1. Article 5, Chapter 9, Title 50 of the 1976 Code is 35 amended by adding: 36 37 “Section 50-9-545. It is unlawful for a person to take striped 38 bass, hybrid striped bass, brook trout, brown trout, rainbow trout, 39 or small mouth bass in the waters of this State without first 40 procuring a state waters fisheries hatchery stamp and having a 41 valid stamp in their possession while taking or transporting striped 42 bass, hybrid striped bass, brook trout, brown trout, rainbow trout,

1 [1163] 1 1 or small mouth bass caught in the waters of this State. A person 2 violating this section is guilty of a misdemeanor and, upon 3 conviction, must be fined not less than fifty nor more than five 4 hundred dollars or imprisoned not more than thirty days. 5 For purposes of this section, taking does not include the catching 6 and immediate release of fish back to the waters when and where 7 they were caught. 8 Each stamp required under this section must be validated by the 9 signature of the licensee written across the face of the stamp. 10 The department must furnish stamps to its authorized licensed 11 sales agents for sale in the same manner as other type licenses. 12 The fee for each stamp is five dollars. Fifty cents of the stamp cost 13 may be retained by the issuing sales agent, and the balance must be 14 paid to the department. Each stamp expires on the last day of June 15 following issuance. 16 The department may produce additional stamps as 17 commemorative or collector’s items which must be sold at a price 18 of not less than five dollars and fifty cents. These proceeds must 19 be retained by the department. 20 Revenue derived from the sale of the stamp may be used only 21 for the cost of printing, promoting, and producing the stamp and 22 for those freshwater fisheries hatchery and habitat projects 23 specified by the board for the development, protection, and 24 propagation of freshwater fish in this State. None of the funds 25 may be expended for administrative salaries.” 26 27 SECTION 2. Section 50-13-210 of the 1976 Code, as last 28 amended by Act 181 of 1993, is further amended to read: 29 30 “Section 50-13-210. It is unlawful for a person in any one day 31 to catch more than forty game fish; however, of the total creel 32 limit: 33 (1) not more than ten of the total may be striped bass 34 (Rockfish) or hybrid bass (striped bass-white bass) or a 35 combination of them unless regulations promulgated by the 36 department and adopted by the General Assembly by authority of 37 Section 50-13-236 reflect otherwise; 38 (2) not more than ten of the total may be black bass (large 39 mouth, small mouth, coosae) or a combination of them unless 40 regulations promulgated by the department and adopted by the 41 General Assembly by authority of Section 50-13-236 reflect 42 otherwise;

1 [1163] 2 1 (3) not more than ten of the total may be trout; provided, not 2 more than five trout may be taken in any one day from that portion 3 of the lower Saluda River between the Lake Murray Dam and the 4 confluence of the Broad River; 5 (4) not more than eight of the total may be walleye or sauger or 6 a combination of them; 7 (5) not more than thirty of the total may be any game fish not 8 specified.” 9 10 SECTION 3. This act takes effect upon approval by the 11 Governor. 12 ----XX----

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