South Carolina § 50-5-710 - Restrictions on trawling for shrimp in General Trawling Zone; prohibition on trawling outside General Trawling Zone; penalties; seizure and disposition of contraband.

§ 50-5-710. Restrictions on trawling for shrimp in General Trawling Zone; prohibition on trawling outside General Trawling Zone; penalties; seizure and disposition of contraband.

(A) Except as otherwise provided by law, it is lawful to trawl for shrimp or prawn in the General Trawling Zone only during those times and seasons set by the department. It is unlawful for a person to trawl inside the General Trawling Zone:

(1) one-quarter nautical mile or less during the closed season;

(2) more than one-quarter nautical mile during the closed season;

(3) one-quarter nautical mile or less at a time ten minutes or less before daily opening time or ten minutes or less after daily closing time during the open season;

(4) 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;

(5) more than one-quarter nautical mile at a time ten minutes or less before daily opening time or ten minutes or less after daily closing time during the open season; or

(6) one-quarter nautical mile or less at a time more than ten minutes before daily opening time or after daily closing time during the open season.

A person who violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days.

Any catch aboard or under control of the fisherman or other person at the time of the violation is contraband and must be seized and disposed of as provided in this chapter.

(B) Except as otherwise provided by law, it is unlawful to trawl in the waters of this State outside the General Trawling Zone. A person who violates this subsection by trawling outside the General Trawling Zone:

(1) one hundred yards or less during the open season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days;

(2) more than one hundred yards during the open season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days;

(3) during the closed season is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days; or

(4) one-half nautical mile distance or greater from the nearest point of the General Trawling Zone boundary is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for two years in addition to any other suspension under this chapter.

Any catch aboard or under the control of the fisherman or other person at the time of a violation of this subsection is contraband and must be seized and disposed of as provided in this chapter.

HISTORY: 2000 Act No. 245, SECTION 4; 2002 Act No. 342, SECTION 25.