(A) Each time a person is convicted of a violation enumerated in § 50-5-2500 the number of points assigned to a violation must be charged against him under a point category. Point categories are:

(1) commercial, and

Terms Used In South Carolina Code 50-5-2505

  • 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
  • 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
  • Department: means the South Carolina Department of Natural Resources unless otherwise stated. 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) recreational.

Points resulting from any violation must be assigned under only one point category.

(B) Points assigned for any violation for a commercial purpose except related to an activity authorized solely under a wholesale seafood dealer license must be assigned to the commercial category.

(C) Points assigned for any violation not for a commercial purpose or not related to an activity authorized solely under a wholesale seafood dealer license must be assigned to the recreational category.

(D) For each twelve-month period in which the person received no points, the department shall deduct one-half of the accumulated points under each point category if the number of points under that point category is greater than three. If a person has three or less points under a point category at the end of a calendar year in which no points were received, the department shall reduce his point total to zero under that point category.

(E) Nothing in this article affects the action of the department in suspending, revoking, or canceling a license or permit when the action is mandatory under the laws of this State.