(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.
HISTORY: 2000 Act No. 245, Section 6; 2002 Act No. 342, Sections 31, 50.
Structure South Carolina Code of Laws
Title 50 - Fish, Game and Watercraft
Chapter 5 - Marine Resources Act
Section 50-5-10. Citation of chapter.
Section 50-5-17. Flounder Population Study Program.
Section 50-5-20. Jurisdiction of Department of Natural Resources.
Section 50-5-25. Powers and duties; deposit of revenues.
Section 50-5-30. Promulgation of regulations; civil offenses; penalties; suspension of permit.
Section 50-5-40. Unauthorized tagging or marking and releasing of saltwater fish; penalty.
Section 50-5-50. Prosecutions for violations of chapter.
Section 50-5-60. Conspiracy to violate provision of chapter.
Section 50-5-65. Seizure and disposition of contraband; separate offense defined.
Section 50-5-70. Sale of confiscated device; redemption by owner.
Section 50-5-75. Common areas for taking of fish.
Section 50-5-80. Dividing line between salt and fresh water on rivers.
Section 50-5-85. General Trawling Zone; subzones.
Section 50-5-95. Unlawful taking of saltwater fish; penalty.
Section 50-5-100. Knowingly obtaining saltwater fishery product taken or sold unlawfully.
Section 50-5-105. Unlawful activities affecting others; penalty.
Section 50-5-110. Use of poison, explosive, or bang stick to take marine resources; penalty.
Section 50-5-115. Responsibility for determining location of commercial fishing vessel.
Section 50-5-125. Use of vessel within 300 feet of public fishing pier; penalty.
Section 50-5-305. Requirements for obtaining resident license; penalty.
Section 50-5-310. Commercial saltwater fishing license for nonresidents; fee; striker exception.
Section 50-5-315. Saltwater fishing without a license prohibited; penalty.
Section 50-5-320. State Shellfish Ground licenses; fees.
Section 50-5-335. Channel net licenses; restrictions.
Section 50-5-345. Commercial license a condition of permit; exceptions; revocation.
Section 50-5-355. Bait dealer licenses; fees; inspections; penalties.
Section 50-5-367. Sale, offer, or purchase of shrimp taken over bait; penalty.
Section 50-5-375. Records of wholesale seafood dealers; inspection by department; penalties.
Section 50-5-385. Expiration of licenses and permits.
Section 50-5-390. Denial of or limitations on nonresident licenses.
Section 50-5-500. Use of nets; penalties.
Section 50-5-505. Net use requirements and restrictions; mariculture impoundment net use permit.
Section 50-5-520. Channel net violations; forfeiture of license; seizure of equipment.
Section 50-5-525. Unlawful deployment of net; penalty.
Section 50-5-540. Use of seine or gill net in state park; shrimp net exception.
Section 50-5-545. Commercial blue crab traps; escape vent requirements; peeler trap exemption.
Section 50-5-560. Blue crab traps on Cooper River.
Section 50-5-565. Time restrictions for placement of commercial traps.
Section 50-5-570. Use of live bait on lines with more than three hooks.
Section 50-5-580. Gigging for fish in saltwaters of Georgetown County.
Section 50-5-581. Gigging for flounder.
Section 50-5-700. Trawling prohibited.
Section 50-5-705. Trawling Zone established.
Section 50-5-715. Trawling restriction areas within General Trawling Zone.
Section 50-5-720. Disposal of trawl bycatch; penalty.
Section 50-5-725. Trawling waters description references.
Section 50-5-730. Trawling near public fishing pier; penalty.
Section 50-5-735. Night trawling; finfish exception.
Section 50-5-745. Blue crab taken by legal shrimp trawlers.
Section 50-5-750. Crab trawling equipment restrictions; penalty.
Section 50-5-760. Illegal trawling.
Section 50-5-765. Use of turtle excluder devices; penalty.
Section 50-5-770. Shrimp trawl requirements; penalties.
Section 50-5-900. Commercial shellfish culture or mariculture permits; term.
Section 50-5-905. Permit applications; fee.
Section 50-5-920. Mitigation of adverse impacts on shellfish bottoms and waters.
Section 50-5-925. Publication of notice of application.
Section 50-5-935. Fees; late payment penalty.
Section 50-5-945. Permit to take shellfish for replanting or use in mariculture; conditions.
Section 50-5-950. Specification of other terms and conditions.
Section 50-5-960. Rules governing recreational shellfish bottom harvests.
Section 50-5-970. Mechanical harvest permits; penalties.
Section 50-5-980. Erection and maintenance of signs; penalty.
Section 50-5-995. Shellfish mariculture operation permits.
Section 50-5-997. Shellfish mariculture permittees; out-of-season harvest permits.
Section 50-5-1005. Shellfish importation permits; conditions; penalties.
Section 50-5-1015. Unlawful removal of shell; penalty.
Section 50-5-1100. Lawful and unlawful taking of shrimp; penalties.
Section 50-5-1102. Persons who may not obtain or hold shrimp baiting license; penalty.
Section 50-5-1105. Catch limits; bait dealer taking and possession requirements; penalties.
Section 50-5-1110. Mesh size and stretch measure for shrimp cast nets.
Section 50-5-1300. Taking of sponge crabs prohibited; import permits; penalties.
Section 50-5-1305. Blue crabs; commercial taking at night prohibited; penalties.
Section 50-5-1310. Size limitations for blue crabs; peeler crab and clam mariculture exceptions.
Section 50-5-1315. Importation of undersize blue crabs; penalties.
Section 50-5-1320. Identification of vessels taking blue crabs by trap; buoy colors; penalty.
Section 50-5-1325. Stone crabs; claw size, removal and sale limitations; penalty.
Section 50-5-1330. Horseshoe crab permits, taking and handling requirements; penalty.
Section 50-5-1335. Use of blue crab traps in certain locations.
Section 50-5-1340. Repealed by 2012 Act No. 7, Section 12, March 22, 2013.
Section 50-5-1500. Regulation of devices for taking shad, herring, or eels.
Section 50-5-1505. Taking of shad, herring, or sturgeon.
Section 50-5-1510. Special provisions as to shad and herring.
Section 50-5-1515. Shad hook and line catch limits.
Section 50-5-1520. Herring catch limits.
Section 50-5-1525. Unlawful taking of Atlantic sturgeon; penalties.
Section 50-5-1530. Receiving Atlantic sturgeon; record keeping requirements; penalties.
Section 50-5-1535. Taking of shortnose sturgeon prohibited; penalty.
Section 50-5-1540. Net placement.
Section 50-5-1545. Removal of nets during off times and periods; penalties.
Section 50-5-1550. Seizure of net or seine containing decomposed fish.
Section 50-5-1555. Commercial eel taking permits; conditions; penalty.
Section 50-5-1556. Striped bass.
Section 50-5-1557. Shad, herring, or eel sale requirements.
Section 50-5-1705. Catch limits.
Section 50-5-1707. Repealed by 2009 Act No. 47, Section 1, eff June 2, 2009.
Section 50-5-1710. Size limits.
Section 50-5-1711. Repealed by 2007, Act No. 85, Section 4, eff June 15, 2007.
Section 50-5-1713. Cobia limits established.
Section 50-5-1900. Article title.
Section 50-5-1905, 50-5-1910. Repealed by 2009 Act No. 15, Section 10, eff July 1, 2009.
Section 50-5-1915. Charter fishing vessel and public pier logs; penalties.
Section 50-5-1920, 50-5-1925. Repealed by 2009 Act No. 15, Section 10, eff July 1, 2009.
Section 50-5-1935. Commemorative stamps authorized.
Section 50-5-1940. Creation and design of stamps, licenses, prints, and related articles.
Section 50-5-1945. Repealed by 2009 Act No. 15, Section 10, eff July 1, 2009.
Section 50-5-2017. Repealed by 2010 Act No. 140, Section 3, eff March 31, 2010.
Section 50-5-2100. Mariculture permits; penalty for failure to acquire.
Section 50-5-2300. Taking and possessing diamond-backed terrapins; penalty.
Section 50-5-2305. Permit to remove live wild rock; penalty.
Section 50-5-2310. Display of dolphins and whales prohibited; penalty.
Section 50-5-2500. Point values for suspension of saltwater privileges; relation to other penalties.
Section 50-5-2505. Point system administration.
Section 50-5-2510. Suspension of saltwater privileges for accumulation of points.
Section 50-5-2515. Notice of suspension; request for review.
Section 50-5-2517. Mammalian dolphin or porpoise; prohibited activities; penalty.
Section 50-5-2525. Points cleared when suspension expires; concurrent running of suspensions.
Section 50-5-2530. Administering of article.
Section 50-5-2535. Engaging in prohibited activities while under suspension; penalties.
Section 50-5-2536. Other violations while under suspension.
Section 50-5-2540. Activities prohibited while under commercial suspension.
Section 50-5-2545. Prior points and suspensions.
Section 50-5-2700. Atlantic States Marine Fisheries Compact; members; term; vacancies.
Section 50-5-2705. Powers of Compact Commission and commissioners.
Section 50-5-2710. State officials to cooperate and furnish information.
Section 50-5-2715. Records, reports, and recommendations.
Section 50-5-2730. Federal fishing regulations declared to be law of State; exceptions.