Terms Used In South Carolina Code > Title 50 > Chapter 13 - Protection of Fish

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authority: means the State Fiscal Accountability Authority. See South Carolina Code 59-122-10
• Auxiliary facilities: means any dining or food service facilities operated to provide for the students, faculty, or staff at The Citadel, any lodging facilities provided for temporary use by student, faculty, staff, or guests of any of them or of The Citadel, and such other facilities or activities, including laundry facilities and facilities for the sale of sundry items, as are determined by the board to be necessary or appropriate in connection with student and faculty housing or other auxiliary facilities. See South Carolina Code 59-122-10
• Board: means the Board of Visitors of The Citadel. See South Carolina Code 59-122-10
• Board: means the Board of Medical Examiners of South Carolina. See South Carolina Code 40-47-510
• Boat: means a vessel. See South Carolina Code 50-21-10
• bonds: means any note, bond, installment contract, or other evidence of indebtedness issued pursuant to this chapter. See South Carolina Code 59-122-10
• Campus: means the grounds and buildings owned and occupied by a college or university for education purposes and streets and roads through and contiguous to the grounds. See South Carolina Code 59-116-10
• Cast net: means nonbaited circular webbing having a weighted peripheral line which is thrown by hand and retrieved by a central line connected to radiating tuck lines attached to the peripheral line. See South Carolina Code 50-5-15
• College or university: means a state chartered two or four-year private educational institution of higher learning located in this State. See South Carolina Code 59-116-10
• Committee: means the Respiratory Care Committee which is established by this article as an advisory committee responsible to the board. See South Carolina Code 40-47-510
• Contract: A legal written agreement that becomes binding when signed.
• convicted: means adjudication at trial or civil hearing and includes the entry of a plea of guilty, or nolo contendere, or the forfeiture of bail or collateral deposited to secure a defendant's appearance in court. See South Carolina Code 50-5-15
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Labor, Licensing and Regulation;
  
  (5) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's official designee;
  
  (6) "Licensee" means a person granted an authorization to practice pursuant to this article and refers to a person holding a license, permit, certification, or registration granted pursuant to this article;
  
  (7) "Licensing act" means the individual statute or regulations, or both, of each regulated profession or occupation which include, but are not limited to, board governance, the qualifications and requirements for authorization to practice, prohibitions, and disciplinary procedures;
  
  (8) "Person" means an individual, partnership, or corporation;
  
  (9) "Profession" or "occupation" means a profession or occupation regulated or administered, or both, by the department pursuant to this article. See South Carolina Code 40-1-20
• Department: means the South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
• Elver: means all American eels (Anguilla rostrata) less than or equal to six inches in total length. 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.
• Ex officio: Literally, by virtue of one's office.
• Facilities: means student and faculty housing auxiliary facilities or either of them. See South Carolina Code 59-122-10
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• 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
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Gig: means a device used to spear fish by hand; to take fish by hand by use of a prong, spear, or similar device and includes bow and arrow. See South Carolina Code 50-5-15
• Gill net: means a net which is designed to hang vertically and capture fish by entanglement usually of the head, gill covers, or preopercles, and does not include gill net for taking shad unless specified. See South Carolina Code 50-5-15
• Herring: means all life stages of the river herrings being blueback herring (Alosa aestivalis) and alewife (Alosa pseudoharengus). See South Carolina Code 50-5-15
• Inactive license: means the official temporary retirement of a person's authorization to practice upon the person's notice to the board that the person does not wish to practice. See South Carolina Code 40-47-20
• Incompetence: means the failure of a licensee to demonstrate and apply the knowledge, skill, and care that is ordinarily possessed and exercised by other practitioners of the same licensure status and required by the generally accepted standards of the profession. See South Carolina Code 40-47-20
• Initial licensure: means the first authorization to practice issued to a person by a licensing authority in this State or any other state. See South Carolina Code 40-47-20
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means a current document authorizing a person to practice. See South Carolina Code 40-47-20
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limited license: means a current time-limited and practice-limited document that authorizes practice at the level for which one is seeking licensure. See South Carolina Code 40-47-20
• Maximum annual debt service: means the total amount of principal, premium, if any, and interest due and payable by The Citadel in any fiscal year of The Citadel. See South Carolina Code 59-122-10
• Minnow trap: means a trap having no opening which has a dimension greater than one inch only when used for taking small finfish for bait. See South Carolina Code 50-5-15
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operate: means to navigate, steer, drive, or be in control. See South Carolina Code 50-21-10
• Operator: means the person who operates or has charge or command of the navigation or use of a vessel or watercraft. See South Carolina Code 50-21-10
• Oversight: Committee review of the activities of a Federal agency or program.
• 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
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means a natural person, male or female. See South Carolina Code 40-47-20
• Person: means an individual, a partnership, a firm, a corporation, an association, or other legal entity. See South Carolina Code 50-21-10
• Personal property: All property that is not real property.
• Practitioner: means a person who has been issued an authorization to practice in this State. See South Carolina Code 40-47-20
• Private reprimand: means a statement by the board that misconduct was committed by a person authorized to practice which has been declared confidential and which is not subject to disclosure as a public document. See South Carolina Code 40-47-20
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recreational fishermen: means persons taking or attempting to take saltwater fish for recreation only, and not for commercial purposes. See South Carolina Code 50-5-15
• Reinstatement: means an action of the board in a disciplinary matter that authorizes the resumption of practice upon any terms or conditions ordered or agreed to by the board. See South Carolina Code 40-47-20
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Respiratory care practitioner: means a respiratory therapist or a respiratory therapy technician licensed to practice respiratory therapy who is a graduate of a school for respiratory therapy approved by the American Medical Association or a successor accrediting authority recognized as such by the board. See South Carolina Code 40-47-510
• Revenues: means receipts of The Citadel from the operation of any of the facilities. See South Carolina Code 59-122-10
• Revocation: means the permanent cancellation or withdrawal of an authorization issued by the board. See South Carolina Code 40-47-20
• Shad: means American or white shad (Alosa sapidissima) and hickory or skip-jack shad (Alosa mediocris). See South Carolina Code 50-5-15
• Shellfish: means oysters, clams, mussels, scallops, and all nonmotile molluscan fish having shells. See South Carolina Code 50-5-15
• Striker: means a person, other than a licensed saltwater commercial fisherman, who under immediate supervision assists a licensed commercial saltwater fisherman, but does not use separate commercial equipment on a vessel which is engaged in commercial fishing. See South Carolina Code 50-5-15
• Student and faculty housing: means any dormitories, barracks, or similar facilities intended for occupancy by students resident at The Citadel and any apartment or residence intended for occupancy by permanent or temporary members of the faculty or lecturers and authorized staff members at The Citadel. See South Carolina Code 59-122-10
• Subpoena: A command to a witness to appear and give testimony.
• Supervision: means the process of critically observing, directing, and evaluating another person's performance, unless otherwise provided by law. See South Carolina Code 40-47-20
• Suspension: means the temporary withdrawal of authorization to practice for either a definite or indefinite period of time ordered by the board. See South Carolina Code 40-47-20
• 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
• Testify: Answer questions in court.
• to land: means to take and retain possession while afloat or to take and bring ashore. See South Carolina Code 50-5-15
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Total length: means the length of a fish laid flat and measured from the closed mouth (snout) to the tip of the tail fin when pinched together. See South Carolina Code 50-5-15
• Trap: is a n enclosed device used for taking fish, constructed to facilitate entry but prohibit or restrict exit of fish and is also called "pot". See South Carolina Code 50-5-15
• Trotline: means a single line or wire having numerous hooks or baits and is also called long line. See South Carolina Code 50-5-15
• Trustee: A person or institution holding and administering property in trust.
• Unprofessional conduct: means acts or behavior that fail to meet the minimally acceptable standard expected of similarly situated professionals including, but not limited to, conduct that may be harmful to the health, safety, and welfare of the public, conduct that may reflect negatively on one's fitness to practice, or conduct that may violate any provision of the code of ethics adopted by the board or a specialty. See South Carolina Code 40-47-20
• 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
• Watercraft: means anything used or capable of being used as a means of transportation on the water but does not include: a seaplane regulated by the federal government, water skis, aquaplanes, surfboards, windsurfers, tubes, rafts, and similar devices or anything that does not meet construction or operational requirements of the state or federal government for watercraft. See South Carolina Code 50-21-10