South Carolina Code 50-5-510. Channel nets; season; observation of use by department; restrictions as to possession; requirements applicable to use of net and possession of license; penalties
(B) A person licensed to use a channel net must allow designated department personnel to board or accompany any vessel on or from which a channel net is used to observe fishing activities, fishing gear, catch, and discards.
Terms Used In South Carolina Code 50-5-510
- Boat: means a vessel. See South Carolina Code 50-21-10
- Channel net: means any conical-shaped, fixed, or stationary net used for taking shrimp which:
(a) is attached to poles, stakes, anchors, buoys, or other fixed objects; and
(b) has a mesh size of less than two and one-half inches when the mesh is stretched; and is also known as a set net. See South Carolina Code 50-5-15 - Conviction: A judgement of guilt against a criminal defendant.
- Department: means the South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
- Fish: means finfish, shellfish including mollusks, crustaceans, horseshoe crabs, whelks (conchs), turtles, and terrapin or products thereof. See South Carolina Code 50-5-15
- Fishing: means all activity and effort involved in taking or attempting to take fish. See South Carolina Code 50-5-15
- Mile: means one nautical mile, being six thousand seventy-six feet. See South Carolina Code 50-5-15
- Owner: means a person, other than a lienholder, who claims lawful possession of a vessel or outboard motor by virtue of legal title or equitable interest in it which entitled him to possession. See South Carolina Code 50-21-10
- Person: means an individual, a partnership, a firm, a corporation, an association, or other legal entity. See South Carolina Code 50-21-10
- Trawler: means a vessel rigged for towing a trawl. See South Carolina Code 50-5-15
- Use: means operate, navigate, or employ. See South Carolina Code 50-21-10
- Vessel: means every description of watercraft, other than a seaplane regulated by the federal government, used or capable of being used as a means of transportation on water. See South Carolina Code 50-21-10
(C) It is unlawful to possess a channel net aboard a boat during the closed channel net season.
(D) It is unlawful to possess an unlicensed channel net aboard a boat.
(E) The following requirements apply to channel nets used in the salt waters of this State:
(1) the width at the mouth measured across the float or head line must not exceed eighty feet;
(2) no channel net may be operated from a trawler;
(3) a channel net must be marked with three buoys, international orange in color, constructed of solid foam or polyvinylchloride and not less than forty inches in circumference so as to be clearly visible at all times above the water’s surface, one attached to each staff and one having the name, address, and license number of the owner thereon attached outside of the tailbag or codend; and
(4) a channel net set at night must be marked by a white light clearly visible from a distance of one-quarter of a nautical mile.
(F) It is unlawful for a person to set, retrieve, or remove catch from a channel net unless the properly licensed owner of the net is present and has his license in his immediate possession.
(G) No channel net when set may be unattended for more than twenty-four hours. Any channel net not fished for more than twenty-four hours or which contains decomposed fish is contraband and must be seized and disposed of as provided in this chapter.
(H) Any 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.