(A) Except as provided in subsection (G), a person or entity who buys, receives, or handles any live or fresh saltwater fish or any saltwater fishery products landed in this State regardless of where taken and packs, processes, ships, consigns, or sells such items at other than retail, and not solely as bait, must first obtain a wholesale seafood dealer license. A person who buys or receives such product solely from licensed wholesale seafood dealers is not required to obtain a wholesale seafood dealer license. The fee for a resident wholesale seafood dealer license is one hundred dollars, and the fee for a nonresident license is five hundred dollars. Each location at which products are to be packed, processed, shipped, consigned, or bought, or to be sold at wholesale must be a permanent, nonmobile establishment, and must be separately licensed. The department may require applicants to specify the activities in which the applicant intends to engage. The department may provide information provided in the application to the South Carolina Department of Agriculture and the South Carolina Department of Health and Environmental Control.
(B) In order to engage in shedding peeler crabs, a person or entity must first be a licensed wholesale seafood dealer and be licensed for peeler crabs. The fee for a resident peeler crab license is an additional seventy-five dollars, and the fee for a nonresident license is an additional three hundred seventy-five dollars. Persons holding this license and engaged in shedding peeler crabs are authorized to receive, possess, and sell peeler crabs regardless of size.
(C) A person or entity required to obtain a wholesale seafood dealer license who receives molluscan shellfish must first be licensed for molluscan shellfish. The fee for a resident to acquire a molluscan shellfish license is an additional ten dollars, and the fee for a nonresident is an additional fifty dollars. Prior to obtaining a molluscan shellfish license, a person or entity must complete any shellfish training required by regulations promulgated by the South Carolina Department of Health and Environmental Control pursuant to Section 44-1-140.
(D) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.
(E) The original or a legible copy of the wholesale seafood dealer license must be displayed where a wholesale seafood dealer or his agent is selling or offering for sale saltwater fisheries products. Any wholesale seafood dealer who violates this subsection 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.
(F) Roadside vendors, transient dealers, or peddlers operating from vehicles, roadside stands, or other temporary locations who sell or offer for sale saltwater fishery products are retail dealers who must comply with the retail license and tax requirements of state and local law. The person or entity must be a licensed wholesale seafood dealer or must have received or purchased the products from licensed wholesale seafood dealers or other licensed retailers and must comply with the requirements of Section 50-5-365 (A).
(G) A person or entity that solely produces fish or fishery products reared as offspring from brood stock in captivity, or purchases such fish or fishery products solely is not required to have a wholesale seafood dealer license.
(H)(1) Persons licensed under this section upon a fourth conviction within a period of three years of provisions related to:
(a) possession of undersized fishery products;
(b) improper marking or tagging of fishery products;
(c) failure to report or maintain records; or
(d) unlawful purchase of fishery products
shall have his privilege to hold a wholesale seafood dealer license suspended for a period of twelve months.
(2) Any person convicted of selling or offering for sale fish or fishery products while under suspension is guilty of a misdemeanor and, upon conviction, must be fined no less than one thousand dollars but not more than two thousand dollars or imprisoned for not more than thirty days and must have all his saltwater privileges suspended for three years.
(3) For the purposes of this section, a conviction must occur on a separate date from other unlawful acts named in this section to be considered a prior offense.
HISTORY: 2000 Act No. 245, Section 2; 2002 Act No. 342, Section 14; 2017 Act No. 30 (S.465), Section 2, eff May 10, 2017.
Effect of Amendment
2017 Act No. 30, Section 2, in (C), added the third sentence, relating to completion of shellfish training required by the South Carolina Department of Health and Environmental Control.
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.