ORDERS:
FINAL ORDER AND DECISION
STATEMENT OF THE CASE
This matter comes before me upon a request to review the suspension of coastal fisheries privileges of James V. Wells. A
hearing was held before the Administrative Law Judge Division on February 15, 2000.
FINDINGS OF FACT
Having observed the witnesses and exhibits presented at the hearing and closely passed upon their credibility, taking into
consideration the burden of persuasion by the parties, I make the following Findings of Fact by a preponderance of evidence:
1. Notice of the time, date, place and subject matter of the hearing was given to the Petitioner and Respondent.
2. A citation was issued to James V. Wells for possession of untagged shellfish in violation of S. C. Code Ann. § 44-1-150
(1976) and S.C. Code Ann. Regs. 61-47 (C)(2) (Supp. 1998) on February 11, 1999. The Respondent was thereafter
convicted of that offense on February 25, 1999.
3. A citation was issued to James V. Wells for possession of undersized clams on May 3, 1999 in violation of S. C. Code
Ann. § 50-17-366 (Supp. 1998). The Respondent was thereafter convicted of that offense on May 25, 1999.
4. A citation was issued to James V. Wells for possession of undersized flounder on June 8, 1999 in violation of S. C. Code
Ann. § 50-17-510 (D)(1) (Supp. 1998). That same day, the Respondent was also cited for operating a trawling vessel
without a captain's license in violation of S. C. Code Ann. § 50-17-110 (Supp. 1998). The Respondent was convicted of
both of those offenses on June 27, 1999.
5. The Department of Natural Resources (DNR) assessed ten (10) points against the Respondent's license for possession of
untagged shellfish; six (6) points against the Respondent's license for undersized clams; six (6) points against the
Respondent's license for possession of undersized flounder; and six (6) points against the Respondent's license for operating
a trawling vessel without a captain's license. See S. C. Code Ann. § 50-17-1120 (A)(1), (6) and (8) (Supp. 1998).
6. These four offenses resulted in an accumulation of twenty-eight (28) points within one (1) calendar year. No points were
deducted because all of the points were accumulated within one calendar year.
7. Based upon the points being assessed, DNR issued an official Order of Suspension to the Respondent dated August 19,
1999. That Order was personally served upon the Respondent on October 24, 1999.
8. I find that the twenty-eight (28) points were properly assessed and DNR properly suspended the Respondent's coastal
fisheries privileges.
CONCLUSIONS OF LAW
Based upon the Findings of Fact, I conclude the following as a matter of law:
1. The South Carolina Administrative Law Judge Division is authorized to hear this contested case pursuant to S. C. Code
Ann. § 1-23-600(b) (Supp. 1998) and S. C. Code Ann. § 50-17-1160 (Supp. 1998).
2. S. C. Code Ann. § 50-17-1130 (Supp. 1998) provides that upon conviction of a violation set forth in S. C. Code Ann. §
50-17-1130 (Supp. 1998), DNR shall assess points against the holder's coastal fisheries privileges. The Department shall
reduce the number of points from each calendar year that passes in which no points are received.
3. The Department shall suspend for one (1) year the coastal fisheries privileges of each person who has eighteen (18) or
more points. S. C. Code Ann. § 50-17-1140 (Supp. 1998).
4. The inquiry at the administrative proceedings is limited to whether DNR has properly identified the person; whether there
was a conviction; whether the points were properly assessed; and whether the appropriate deduction in points had been
made. The hearing may not re-try the merits of the violation. See S. C. Wildlife and Marine Resources v. Kunkle, 287 S. C.
177, 336 S.E. 2d 468 (1985).
ORDER
Based upon the foregoing Findings of Facts and Conclusions of Law, it is hereby:
ORDERED that the coastal fisheries privileges of James V. Wells are suspended for a period of one (1) year, with such
suspension to commence on the eleventh day following the date of this Order pursuant to S.C. Code Ann. § 50-17-1150(C)
(Supp. 1998).
AND IT IS SO ORDERED.
______________________________
Ralph King Anderson, III
Administrative Law Judge
February 17, 2000
Columbia, South Carolina |