(A) It is unlawful for a person not licensed as a wholesale seafood dealer to purchase, handle, barter, or trade or to attempt to purchase, handle, barter, or trade saltwater fishery products taken, landed, produced, or cultured in this State unless first handled by a licensed wholesale seafood dealer. As to the products specified, this section does not apply to:

(1) persons receiving live bait from a licensed live bait dealer; or

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Terms Used In South Carolina Code 50-5-370

  • Commercial purpose: means :

    (a) being engaged in buying or selling fish;

    (b) taking or attempting to take fish in order to derive income or other consideration;

    (c) using commercial equipment; and

    (d) otherwise being engaged in the fisheries industry with the intent to derive income. See South Carolina Code 50-5-15
  • Conviction: A judgement of guilt against a criminal defendant.
  • Fish: means finfish, shellfish including mollusks, crustaceans, horseshoe crabs, whelks (conchs), turtles, and terrapin or products thereof. See South Carolina Code 50-5-15
  • Person: means an individual, a partnership, a firm, a corporation, an association, or other legal entity. See South Carolina Code 50-21-10

(2) persons or entities receiving cultured product from persons or entities that solely produce fish or fishery products reared as offspring from brood stock in captivity.

(B) No person may remove from this State for a commercial purpose any saltwater fish or fishery products landed in this State unless the fish or product is accompanied by original, dated bills of lading, invoices, receipts, bills of sale, or similar documents showing the quantity of each type of saltwater fish or fishery product being transported and the name of the licensed wholesale seafood dealer or retail establishment from whom the products were purchased or received.

(C) 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.

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