(A) There are established the following point values to be assigned by the department in suspending the saltwater privileges of persons or entities found to be in violation of one or more of the items listed below. Point assignments shall be:
(1) failing to keep records or make reports required by law, permit, or regulation: 4;
(2) violating law pertaining to crab size limit or sponge crabs: 4;
(3) violations of a section of Title 50 pertaining to saltwater privileges not mentioned specifically in this section: 6;
(4) taking, attempting to take, or possessing fish, shellfish, or crustaceans in an unlawful manner, in unlawful or closed areas including areas closed by the Department of Health and Environmental Control, during unlawful hours, or during the closed season for the activity, except trawling violations: 8;
(5)(a) taking, attempting to take, or possessing shellfish for a commercial purpose in an unlawful manner; in unlawful or closed areas, including areas closed by the Department of Health and Environmental Control; during unlawful hours; or during the closed season for the activity; or
(b) violating Department of Health and Environmental Control regulations promulgated pursuant to Section 44-1-140 related to the harvesting and handling of shellfish resulting in an adulterated product as defined in Regulation 61-47: 10;
(6) selling or offering for sale fish, shellfish, crustaceans, or other seafood or marine products without a proper license: 8;
(7) unlawfully buying fish, shellfish, crustaceans, or other seafood or marine products: 8;
(8) trawling inside the General Trawling Zone other than in restricted areas:
(a) more than one-quarter nautical mile during the closed season: 10;
(b) more than one-quarter nautical mile at a time more than ten minutes before daily opening or ten minutes after daily closing times during the open season: 10;
(9) trawling in a restricted area during closed season: 10;
(10) trawling outside the General Trawling Zone:
(a) one hundred yards or less distance from the nearest point of the General Trawling Zone during the open season: 10;
(b) more than one hundred yards distance from the nearest point of the General Trawling Zone during the open season: 18;
(c) during the closed season: 18;
(11) taking or attempting to take fish, shellfish, or crustaceans for a commercial purpose without a proper license, permit, or stamp: 10;
(12) captain or crew of a boat failing to cooperate with an enforcement officer: 18;
(13) channel netting in an area closed to channel netting or during closed season for channel netting: 18; and
(14) applying for or obtaining any resident license as provided in this chapter using a falsified application or supporting documentation, or simultaneously possessing any currently valid South Carolina resident license as provided in this chapter while possessing any resident license from another state: 18.
(B) The points and penalties assessed under this article are in addition to criminal penalties which may be assessed. Statutory suspension of saltwater privileges provided in other articles of this chapter take precedence over assessment of points under this article.
HISTORY: 2000 Act No. 245, Section 13; 2017 Act No. 30 (S.465), Section 7, eff May 10, 2017.
Effect of Amendment
2017 Act No. 30, Section 7, in (A), substituted "one or more of the items listed below" for "this chapter", inserted (A)(5), providing for violations related to harvesting and handling shellfish, and redesignated accordingly.
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.