South Carolina Code 50-5-985. Setting season for taking shellfish; bringing shellfish into State during closed season; night harvests; penalties
(B) It is unlawful to take or attempt to take shellfish from any grounds closed by the department or any other authorized government agency. A person who violates the provision of this subsection for a commercial purpose 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 and must have his saltwater privileges suspended for twelve months. A person who violates the provisions of this subsection for a noncommercial purpose 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.
Terms Used In South Carolina Code 50-5-985
- 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.
- Department: means the South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Mariculture: means controlled cultivation in confinement of marine and estuarine organisms in salt waters. 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
- Shellfish: means oysters, clams, mussels, scallops, and all nonmotile molluscan fish having shells. See South Carolina Code 50-5-15
- Take: means to harass intentionally, hunt, capture, gather, harvest, remove, catch, wound, or kill or attempt to harass, hunt, capture, gather, harvest, remove, catch, wound, or kill. See South Carolina Code 50-5-15
(C) The department has the authority to open or close any area for the taking of shellfish for any specified period at any time during the year when biological or other conditions warrant.
(D) Nothing in this section prevents the department from permitting the taking of shellfish for the purposes of replanting or propagation.
(E) Shellfish imported into this State during the closed season must bear written evidence, such as a bill of lading or other official document from the State of removal, which verifies that the shellfish were lawfully taken from that state. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars.
(F) It is unlawful for a person to harvest shellfish between one-half hour after sunset as locally published and one-half hour before sunrise as locally published. In the case of bottoms under Shellfish Culture Permit or Shellfish Mariculture Permit harvesting of shellfish during the specified period is lawful with the written permission of the department.