(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.