South Carolina § 50-5-365 - Licensing requirements applicable to sale or transportation of live or fresh fish or saltwater fishery products; penalties.

§ 50-5-365. Licensing requirements applicable to sale or transportation of live or fresh fish or saltwater fishery products; penalties.

(A) A person or entity who:

(1) offers for sale any live or fresh fish or any saltwater fishery products, other than a licensed commercial saltwater fisherman licensed as a wholesale seafood dealer; or

(2) transports live or fresh fish or any saltwater fishery products, other than a licensed commercial saltwater fisherman transporting his catch to a licensed wholesale seafood dealer;

must have in his possession dated bills of lading, invoices, receipts, bills of sale, or similar documents showing the quantity of each species and type of saltwater fishery product being offered for sale or transported and the name of the licensed commercial saltwater fisherman or licensed wholesale seafood dealer from whom the products were purchased or received.

(B) A person or entity including a licensed commercial saltwater fisherman who takes saltwater fishery products and sells the catch must sell the catch only to a wholesale seafood dealer licensed under this section or else he must be licensed as a wholesale seafood dealer under this section.

(C) Without having obtained a valid wholesale seafood dealer license it is unlawful to:

(1) buy or receive at other than retail live or fresh fish or any saltwater fishery products taken or landed in this State;

(2) sell or offer fish or products for sale at other than retail or as allowed in subsection (B); or

(3) transfer, ship, pack, or consign fish or products.

(D) It is unlawful to purchase live or fresh fish or any saltwater products taken or landed in this State at other than retail from a person other than a licensed wholesale seafood dealer, provided:

(1) the fish or product may be purchased for use as bait from a licensed bait dealer; and

(2) a licensed wholesale seafood dealer may purchase from a licensed commercial saltwater fisherman.

(E) It is unlawful for a person or entity to sell or offer for sale live or fresh fish or any saltwater fishery products or to transport live or fresh fish or any saltwater fishery products without having in possession dated bills of lading, invoices, receipts, bills of sale, or similar documents showing the quantity of each species and type of saltwater fishery products to be sold or transported and the name of the licensed commercial saltwater fisherman or licensed wholesale seafood dealer from whom the products were purchased or received. As it relates to operation of a vessel or vehicle, this subsection does not apply to a licensed commercial saltwater fisherman transporting his catch to a licensed seafood dealer.

(F) Except as provided in Section 50-5-366, 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.

HISTORY: 2000 Act No. 245, SECTION 2; 2002 Act No. 342, SECTION 15.