H*2776 Session 104 (1981-1982)
H*2776(Rat #0243, Act #0170 of 1981) General Bill, By A.H. Buchan, D.E. McTeer and
D.E. Winstead
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 6
to Chapter 13 of Title 50 so as to provide for fishing for nongame fish and to
provide penalties; to amend Section 50-9-420, relating to the requirement to
obtain anglers' licenses, so as to provide that landowners and leaseholders
fishing on their property shall not be required to possess anglers' licenses;
to amend Section 50-13-30, relating to nongame fish in Colleton County, so as
to permit eels to be taken with eel pots; to amend Section 50-13-530, relating
to periods when seines and nets are to be removed from freshwater streams and
rivers, so as to change a reference from "fish" to "shad and herring"; to
amend Section 50-19-1920, relating to fishing in the Santee Cooper area,
Section 50-19-2220, relating to fishing in the Stevens Creek area, Section
50-19-2510, relating to fishing in the Keowee-Toxaway Lakes, and Section
50-19-2620, relating to fishing in the Hartwell Reservoir, so as to provide in
each Section for restrictions on the use of firearms in those areas; and to
repeal Sections 50-1-50, 50-3-70, 50-13-15, 50-13-40, 50-13-130 through
50-13-180, 50-13-290 through 50-13-310, 50-13-330, 50-13-520, 50-13-540
through 50-13-570, 50-13-590, 50-13-600, 50-13-630, 50-13-640, 50-13-660,
50-13-670, 50-13-705, 50-13-710, 50-13-720, 50-13-740, 50-13-750, 50-13-760,
50-13-780, 50-13-790, 50-13-800, 50-13-810, 50-13-910, 50-13-920, 50-13-930,
50-13-940, 50-13-960, 50-13-970, 50-13-1000, 50-19-1410, 50-19-1740 through
50-19-1800, 50-19-1940 through 50-19-2020, 50-19-2110, 50-19-2320, 50-19-2340
through 50-19-2390, 50-19-2910 through 50-19-2960, Act 57 of 1977 and Section
3 of Act 20 of 1977, relating to fishing, the Department of Wildlife and
Marine Resources, protection of fish and fishing laws in certain areas.-at
04/14/81 House Introduced and read first time HJ-1818
04/14/81 House Referred to Committee on Agriculture and Natural
Resources HJ-1818
05/13/81 House Committee report: Favorable with amendment
Agriculture and Natural Resources HJ-2348
05/20/81 House Debate adjourned HJ-2504
05/21/81 House Amended HJ-2607
05/21/81 House Read second time HJ-2626
05/26/81 House Read third time and sent to Senate HJ-2653
05/27/81 Senate Introduced and read first time SJ-18
05/27/81 Senate Referred to Committee on Fish, Game and Forestry SJ-18
07/07/81 Senate Committee report: Favorable with amendment Fish,
Game and Forestry SJ-12
07/15/81 Senate Read second time SJ-46
07/16/81 Senate Amended SJ-13
07/16/81 Senate Read third time SJ-13
07/16/81 Senate Returned SJ-13
07/16/81 House Concurred in Senate amendment and enrolled HJ-3967
07/22/81 House Ratified R 243 HJ-4045
07/23/81 Signed By Governor
07/23/81 Effective date 07/01/82
07/23/81 Act No. 170
08/04/81 Copies available
(A170, R243, H2776)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6
TO CHAPTER 13 OF TITLE 50 SO AS TO PROVIDE FOR FISHING FOR NONGAME FISH AND TO
PROVIDE PENALTIES; TO AMEND SECTION 50-9-420, RELATING TO THE REQUIREMENT TO
OBTAIN ANGLERS' LICENSES, SO AS TO PROVIDE THAT LANDOWNERS AND LEASEHOLDERS
FISHING ON THEIR PROPERTY SHALL NOT BE REQUIRED TO POSSESS ANGLERS' LICENSES; TO
AMEND SECTION 50-13-30, RELATING TO NONGAME FISH IN COLLETON COUNTY, SO AS TO
PERMIT EELS TO BE TAKEN WITH EEL POTS; TO AMEND SECTION 50-13-530, RELATING TO
PERIODS WHEN SEINES AND NETS ARE TO BE REMOVED FROM FRESHWATER STREAMS AND
RIVERS, SO AS TO CHANGE A REFERENCE FROM "FISH" TO "SHAD AND
HERRING"; TO AMEND SECTION 60-19-1920, RELATING TO FISHING IN THE SANTEE
COOPER AREA, SECTION 50-19-2220, RELATING TO FISHING IN THE STEVENS CREEK AREA,
SECTION 50-19-2510, RELATING TO FISHING IN THE KEOWEE-TOXAWAY LAKES, AND SECTION
50-19-2620, RELATING TO FISHING IN THE HARTWELL RESERVOIR, SO AS TO PROVIDE IN
EACH SECTION FOR RESTRICTIONS ON THE USE OF FIREARMS IN THOSE AREAS; AND TO
REPEAL SECTIONS 50-1-50, 50-3-70, 50-13-15, 50-13-40, 50-13130 THROUGH 50-13-180,
50-13-290 THROUGH 50-13-310, 50-13-330, 50-13-520, 50-13-640 THROUGH 50-13-570,
50-13-590, 50-13-600, 50-13-630, 50-13-640, 50-13-660, 50-13-670, 50-13-706,
50-13-710, 50-13-720, 50-13-740, 50-13-750, 50-13-760, 50-13-780, 50-13-790,
50-13-800, 50-13-810, 50-13-910, 50-13-920, 50-13-930, 50-13 940, 50-13-960,
50-13-970, 50-13-1000, 50-19-1410, 50-19-1740 THROUGH 50-19-1800, 50-19-1940
THROUGH 50-19-2020, 50-19-2110, 50-19-2320, 50-19-2340 THROUGH 50-19-2390,
50-19-2910 THROUGH 50-19-2960, ACT 57 OF 1977 AND SECTION 3 OF ACT 20 OF 1977,
RELATING TO FISHING, THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, PROTECTION
OF FISH AND FISHING LAWS IN CERTAIN AREAS.
Be it enacted by the General Assembly of the State of South Carolina:
Protection of nongame fish
SECTION 1. The 1976 Code is amended by adding to Chapter 13 of Title 50:
"Article 6
Protection of Nongame Fish
Section 50-13-1110. The provisions of this article shall apply to the use of
nongame fishing devices and the taking of nongame fish in the freshwaters of this
State, which shall include all waters inland of the saltwater-freshwater dividing
lines on the coastal rivers as established in Section 50-17-35.
Section 50-13-1115. (A) The following nongame fishing devices may be used for
the taking of nongame fish in the freshwaters of this State in which such devices
are authorized:
(1) trotlines
(2) set hooks
(3) jug fishing devices
(4) traps
(5) eel pots
(6) gill nets
(7) hoop nets
(8) skimbow nets
(9) bows and arrows
(10) gigs
(11) spears
(12) tires
(13) minnow seines
(14) cast nets.
(B) The possession or use on the freshwaters of this State of any device or
gear designed or used to catch nongame fish not authorized by this article is
unlawful.
Section 50-13-1120. For the purposes of this article:
(a) 'Set hook' is defined as a single hook and line set in or along any of the
rivers, streams, lakes or waters of this State used to catch fish while attached
to bushes, limbs, vines, undergrowth or other parts of vegetation, set poles,
pegs, sticks or similar structures. 'Set hooks' shall include all similar hook
and line devices by whatever name called.
(b) 'Jug fishing' is defined as fishing by use of a single hook and line
attached to a free floating device other than a flotation marker for trotlines,
traps or other devices.
(c) 'Trap' is defined as any device in which fish are taken in an enclosed
structure which conforms with the specifications contained in subsection (A) of
Section 50-13-1165, except eel pots and shall include fish traps, baskets and
like devices.
(d) 'Eel pot' is defined as an enclosed structure used to take eels only and
which conforms to the specifications provided in subsection (B) of Section
50-13-1165.
(e) 'Trotline' is defined-as two or more hooks attached to a common line which
is rigged horizontally.
(f) 'Hoop net' is defined as a device in which fish are taken in an enclosed
structure which conforms with the specifications contained in Section 50-13-1175.
(g) 'Skimbow net' is defined as a hand-operated dip net with the bow
constructed of wood or metal with wire or textile netting with a mesh size not
greater than one and one-half inches square. The bow shall not exceed six feet
in any direction.
(h) 'Minnow seine' is defined as a seine of a size not greater than four feet
in width by twenty feet in length with a mesh size of not more than one-fourth
inch square mesh.
(i) 'Gig' is defined as a device consisting of a long staff on which two or
more hooks or similar type sharp points normally with barbs are attached.
(j) 'Spear' is defined as a device for thrusting or throwing consisting of a
long staff to which a sharp head is fixed.
(k) 'Bows and arrows' are defined as a strip of wood or other material bent by
a string stretched between its ends used for shooting arrows.
(l) 'Gill net' is defined as a device for the taking of nongame fish which
conforms to the specifications provided in subsection (l) of Section 50-13-1170.
(m) 'Yoyo' is a device to which 'set hooks' are attached which is activated by
spring-like devices.
(n) 'Tires' are defined as truck or automobile tires not exceeding twenty-inch
rim.
(o) 'Cast net' is a circular shaped net with a lead line running around the
outside edge. A cord line extends through a ring or horn in the center of the net
and from this end there radiates numerous smaller cords (tuck lines) which are
fastened at regular intervals to the lead line.
Section 50-13-1125. No fishing device authorized by this article shall be used,
placed, set or fished so as to constitute a hazard to boating.
Section 50-13-1130. Any person involved in the taking of catfish by any method
from the public waters who sells or offers for sale such catfish must have in
possession a commercial freshwater fishing license as provided in subsection (3)
of Section 50-13-1150.
Section 50-13-1135. (1) Any person who takes nongame fish in the freshwaters
of this State with the following nongame fishing devices shall be required to
obtain and have in possession a valid South Carolina state fishing license:
(a) bows and arrows
(b) gigs
(c) spears
(d) tires
(e) minnow seines
(f) up to three trotlines with not more than one hundred fifty hooks on all
lines
(g) three to fifty set hooks
(h) three to fifty jugs
(i) not more than two traps
(j) not more than one hoop net
(k) not more than one gill net
(l) not more than one skimbow net
(m) not more than two eel pots.
The noncommercial fisherman shall purchase set hook or jug fishing permits and
any tags which may be required by this article for any particular device used.
Such tags and permits shall be applied for on forms to be provided by the
Department. Such fisherman shall comply with all other provisions of this article
pertaining to the marking and use of nongame fishing devices.
(2) Any person who fishes for nongame fish in the freshwaters of this State by
the use at any time of the following nongame fishing devices shall obtain and
have in possession a commercial freshwater fishing license:
(a) two or more gill nets, shad nets or herring nets;
(b) two or more hoop nets;
(c) three or more traps;
(d) trotlines with a combined total of one hundred fifty-one hooks or more;
(e) three or more eel pots.
Section 50-13-1140. No license shall be required of any person who fishes for
nongame fish in the freshwaters of this State with not more than two set hooks
or jugs with the exception of a lakes and reservoirs permit as required by
Section 50-9-500.
Section 50-13-1145. Exclusive of strictly private ponds, no person shall fish
in any individual freshwater lake or stream of this State with more than (1)
fifty jugs; (2) one skimbow net; (3) fifty set hooks; (4) fifty hoop nets; (5)
fifty traps; (6) two thousand trotline hooks.
Section 50-13-1150. Any person who has been a resident of this State
continuously for at least twelve months may apply on forms Department for a
commercial freshwater fishing license. Upon proof satisfactory to the Department
of his residency, he shall upon payment of an annual fee of fifty dollars be
issued a resident commercial freshwater fishing license. A nonresident person,
which shall include a person who has not been a resident of this State
continuously for at least twelve months prior to his application, may apply on
forms to be furnished by the Department for a nonresident commercial freshwater
fishing license and, upon approval of the application by the Department and the
payment of an annual fee of five hundred dollars, shall be issued such license.
Section 50-13-1155. In addition to the licenses and permits required by
Sections 50-13-1135 and 50-13-1150, any person fishing with, or in possession of,
nongame fishing devices or gear in the freshwaters of this State shall purchase
a tag or permit for each such device as follows:
(1) a tag for each gill net at five dollars per tag;
(2) a tag for each hoop net at ten dollars per tag;
(3) a tag for each trap at five dollars per tag;
(4) a tag for each eel pot at five dollars per tag;
(5) a tag for each trotline with fifty hooks or less at two dollars fifty cents
per tag;
(6) a permit for the use of fifty set hooks or less at five dollars per permit;
(7) a permit for the use of fifty jugs or less at five dollars per permit.
Each tag issued pursuant to this section shall be attached at all times to the
device for which it was issued and each permit and tag identification receipt
shall be kept on the person to whom it was issued while such person is in
possession of or using nongame fishing devices.
A fee of one dollar shall be paid for replacement of any tag or permit issued
pursuant to this section which is lost or destroyed. Section 50-13-1160. All
nongame, noncommercial or commercial, freshwater fishing licenses, tags and
permits required by this article shall be issued for the period of July first to
June thirtieth. It shall be unlawful for any person to make false application
for, alter, borrow, loan or exchange any such license, tag or permit.
Section 50-13-1165. (A) Any trap used under authority of this article shall
conform to one of the following specifications:
(1) the trap shall be made of wire or textile material and be cylindrical in
shape of a length of not more than six feet and a width of not more than three
feet.
(a) the mesh size shall not be smaller than one inch by one inch and there
shall only be one application of exterior wire to the trap;
(b) the muzzle shall have one of the following designs:
(i) a trap door on the second muzzle or catch muzzle which remains in a
closed position and which only opens for the entry of fish into the trap; the
trap door shall be constructed of the same material as the trap;
(ii) construction of a netting so that the opening of the small end of the
second muzzle or catch muzzle is held in the shape of a slit and the trap
configuration constructed such that as the trap rests on the bottom the slit
shall be oriented horizontally with the greatest vertical opening being no
greater than one inch.
(2) the trap shall be made of wood strips or slats and be cylindrical or
rectangular in shape. The length shall not exceed six feet and the width or
diameter shall not exceed two feet.
(a) the throat opening of the catch muzzle in a resting position shall not
exceed three inches measured in any direction.
(b) the sides, top and rear of the trap shall have a minimum of one inch
openings between the slats to allow for the escape of small catfish. This shall
apply only to the last twelve inches of the trap.
(B) Any eel pot used under authority of this article shall conform to the
following specifications:
(1) pots shall be no larger than twenty-four inches by forty-eight inches;
(2) all eel pots shall be constructed of wire so that:
(a) the mesh size is no smaller than one-half by one-half inch, except for
the throat or muzzle and the end opposite the throat or muzzle of cylindrical
pots;
(b) a throat opening not to exceed two inches measured in any direction.
(C)(1) Traps and eel pots shall rest on the bottom of the body of water in
which they are used and shall not be suspended above the bottom.
(2) There shall be no restriction on the type of bait permissible in traps or
eel pots, except that no game fish or any part thereof shall be used for bait.
(3) There shall be no closed season for fishing with traps or eel pots in the
freshwaters of this State in which the use of traps or eel pots is permitted
except temporarily by regulation of the Department if low water conditions or any
emergency situation develops.
(4) No trap or eel pot shall be placed within one hundred feet of the mouth of
any tributary stream and no trap or pot shall be placed anywhere in the diversion
canal connecting Lakes Marion and Moultrie nor placed within two hundred yards
of permanent man-made structure of Lakes Marion and Moultrie.
(5) No crab pot or trap of like design shall be used in the freshwaters of this
State.
Section 50-13-1170. The season for taking nongame fish other than shad and
herring in the freshwaters of this State with gill nets shall be from November
first to March first inclusive. They may be used or possessed in the freshwaters
in which their use is authorized on Wednesdays, Thursdays, Fridays and Saturdays
only. Nongame gill nets used in the freshwaters shall have a mesh size of not
less than four and one-half inches stretch mesh. No gill net measuring more than
two hundred yards in length may be used in the freshwaters and no gill net,
cable, line or any other device used for support of a gill net shall extend more
than half way across any stream or body of water. Gill nets shall be placed in
the freshwaters on a first come first served basis but no gill net shall be
placed within two hundred yards of another gill net. Use or possession of gill
nets at any place or time other than those prescribed above shall be unlawful.
Section 50-13-1175. Hoop nets may be used or possessed in the freshwaters in
which their use is authorized by Section 50-13-1192. The maximum size of hoop
nets shall be sixteen feet by five and one-half feet. Hoop nets shall be made of
a textile netting (no wire) of a mesh size not less than one inch square nor
greater than two inches square enclosing a series of round hoops with two or more
muzzle openings which shall be made of a netting material. One side of the hoop
may be flat to hold the nets in place. Hoop nets shall rest on the bottom of the
body of water in which they are used suspended above the bottom. Hoop nets shall
not be used within one hundred feet of the mouth of any tributary stream. The
maximum number of hoop nets which may be used by one licensee shall be fifty. Use
or possession of hoop nets at any place or time other than those prescribed above
shall be unlawful.
Section 50-13-1180. No more than five hundred hooks shall be attached to a
single trotline. No trotline shall be attached in any manner to another trotline
or to the support or float of another trotline. During the period April first
to October first, no trotline shall be permitted in any waters in this State from
one hour after official sunrise to one hour before official sunset unless the
trotline is sunk to the bottom or to a minimum depth of four feet below the water
surface. During the period October second to March thirty-first trotlines may be
left in the water twenty-four hours per day at any depth. No trotline shall be
placed within one hundred feet of the mouth of any tributary stream. No trotline
shall remain in any waters of this State more than twenty-four hours without
inspection and removal of the fish taken thereon. No trotline shall be placed
within two hundred yards of any permanent man-made structure on Lakes Marion and
Moultrie nor placed anywhere in the diversion canal connecting Lakes Marion and
Moultrie.
Section 50-13-1185. All set hooks shall be removed from the water and the
vegetation or structure to which they are attached not later than one hour after
sunrise each day and shall not be reattached earlier than one hour before
official sunset.
Section 50-13-1186. All jugs used in fishing in freshwaters shall range
between a minimum capacity of one pint and a maximum capacity of one gallon with
the licensee's name and address dearly marked on each jug. All jugs shall be
removed from the water one hour after sunrise each day and not replaced before
one hour before official sunset. The attachment of more than one hook and line
to a jug fishing device is prohibited.
Section 50-13-1187. No game fish, live bait or any other bait other than bait
listed below shall be used with trotlines, set hooks and jugs: (1) soap (2) dough
balls (3) Cut fish (nongame fish cut into at least three equal parts) (4) shrimp
(5) meat scraps (shall not include insects, worms or other invertebrates).
Section 50-13-1188. It shall be unlawful to use or have in possession a minnow
seine, as defined by item (h) of Section 50-13-1120, in the freshwaters of this
State from ten p.m. to official sunrise.
Section 50-13-1189. It shall be unlawful for any person to have in his
possession game fish or fishing tackle capable of catching game fish while
fishing for nongame fish with nongame tackle authorized for use by this chapter.
Section 50-13-1190. It shall be unlawful to use yoyos as defined in item (m)
of Section 50-13-1120 in the freshwaters of this State.
Section 50-13-1191. It shall be unlawful for any person to check, fish or use
in any manner the nongame fishing device or gear owned and tagged by another
person or to take from any such device or gear any fish caught thereon.
Section 50-13-1192. Bows and arrows, gigs, spears, tires, cast nets and minnow
seines may be used in any of the freshwaters except in the lakes owned or managed
by the Department. Notwithstanding any other provision of this article, it shall
be unlawful to use or possess any nongame fishing device or gear or the number
not authorized by this section for a particular body of water. Nongame fishing
devices, with the exception of the above, may not be used in any body of
freshwater including tributaries of rivers or creeks unless listed and regulated
as indicated below:
Ashepoo River:
Set hooks Fifty maximum per license holder
Eel pots No limit
Ashley River:
Set hooks Fifty maximum per license holder
Eel pots No limit
Black Creek:
Darlington, Florence, Chesterfield Counties
(includes Lakes Robinson and Prestwood)
Trotlines One hundred fifty hooks maximum (three-line
maximum per license holder)
Gill nets Nongame nets in season
Set hooks Fifty maximum per license holder
Black River:
Gill nets Nongame nets in season
Broad River: Includes the waters from the North Carolina State
line to the confluence of the Broad and Saluda Rivers
Traps Five per license holder
Trotlines One hundred fifty maximum (three-line maximum
per license holder)
Set hooks Fifty maximum per license holder
Bull Creek:
Horry and Georgetown Counties
Trotlines One hundred fifty hooks maximum (three-line
maximum per license holder)
Gill nets Nongame nets in season
Eel pots No limit
Combahee River:
Set hooks Maximum fifty per license holder
Eel pots No limit
Congaree River:
Includes the waters from the Gervais Street
Bridge in Columbia to the confluence of the Congaree
and Wateree Rivers
Traps Fifty maximum with commercial license
Trotlines Two thousand hooks maximum with commercial
license
Hoop nets Fifty maximum with commercial license.
Cooper River:
Traps Fifty maximum with commercial license (not
allowed upstream from Wadboo Creek)
Trotlines One hundred fifty hooks maximum (three-line
maximum per license holder, no trotlines per- mitted
upstream from Wadboo Creek)
Fyke nets As allowed for eel fishing by regulation
Set hooks Fifty maximum per license holder (no set hooks
permitted upstream from Wadboo Creek)
Eel pots No limit (not allowed upstream from Wadboo
Creek)
Coosawhatchie and Tullifinny Rivers:
Set hooks Maximum fifty per license holder
Mallard's Lake:
Dorchester County waters
Gill nets Nongame nets in season
Set hooks Fifty maximum per license holder
Mims Lake:
Dorchester County waters
Gill nets Nongame nets in season
Set hooks Fifty maximum per license holder
Shuler Lake:
Dorchester County waters
Gill nets Nongame nets in season
Set hooks Fifty maximum per license holder
Woods Lake:
Dorchester County waters
Gill nets Nongame nets in season
Set hooks Fifty maximum per license holder
Bridge Lake:
Dorchester County waters
Gill nets Nongame nets in season
Set hooks Fifty maximum per license holder
Little Pond Lake:
Dorchester County waters
Gill nets Nongame nets in season
Set hooks Fifty maximum per license holder
Steed's Lake:
Dorchester County waters
Gill nets Nongame nets in season
Set hooks Fifty maximum per license holder
John's Hole Lake:
Dorchester County waters
Gill nets Nongame nets in season
Set hooks Fifty maximum per license holder
Rock's Lake:
Dorchester County waters
Gill nets Nongame nets in season
Set hooks Fifty maximum per license holder
Mouth of Four Holes Lake:
Dorchester County waters
Gill nets Nongame nets in season
Set hooks Fifty maximum per license holder
Edisto River:
Set hooks Fifty maximum per license holder
Eel pots No limit
Enoree River:
Traps Two per license holder
Trotlines One hundred fifty maximum (three-line maxi-
mum) per license holder
Set hooks Fifty per license holder
Great Pee Dee River:
Includes the waters from I-95 to North Carolina
state line
Traps Maximum fifty allowed with commercial license
Trotlines Maximum two thousand hooks with commercial license
Gill nets Nongame nets allowed in season
Set hooks Fifty maximum per license holder
Great Pee Dee River:
Includes the waters from I-95 to the saltwater-
freshwater line
Gill nets Nongame nets in season
Trotlines One hundred fifty hooks maximum per license
holder (three-line maximum)
Set hooks Fifty maximum per license holder
Eel pots Below Highway 701 bridge only, no limit
Lake Clark Hill and Stevens Creek:
Traps Maximum five per license holder
Trotlines One hundred fifty hooks maximum per license
holder (three-line maximum)
Jugs Maximum fifty per license holder
Lake Greenwood:
Traps Maximum five per license holder
Trotlines One hundred fifty hooks maximum per license
holder (three-line maximum)
Jugs Maximum fifty per license holder
Lake Hartwell:
Traps Maximum five per license holder
Trotlines One hundred fifty hooks maximum per license
holder (three-line maximum)
Lake Jocassee:
Nongame devices prohibited
Lake Keowee:
Traps Maximum five per license holder
Trotlines One hundred fifty hooks maximum per license
holder (three-line maximum)
Lakes Marion and Moultrie:
The waters lying between the confluence of the
Wateree and Congaree Rivers and the back-waters of Lake
Marion shall be considered a part of Lake Marion
Traps Maximum fifty with commercial license
Trotlines Maximum two thousand hooks with commercial
license
Lake Murray:
Traps Maximum five per license holder
Trotlines One hundred fifty hooks maximum per license holder
(three-line maximum)
Lake Secession:
Traps Maximum two per license holder
Trotlines One hundred hooks maximum per license holder
(three-line maximum)
Lake Wateree:
Traps Maximum five per license holder
Trotlines One hundred fifty hooks maximum per license holder
(three-line maximum)
Catawba River:
Includes the waters from the Lake Wylie Dam to the
backwaters of Lake Wateree, including all reservoirs
Traps Maximum two per license holder
Trotlines One hundred fifty hooks maximum per license holder
(three-line maximum)
Set hooks Fifty maximum per license holder
Lake Wylie:
Traps Maximum five per license holder
Trotlines One hundred fifty hooks maximum per license holder
(three-line maximum)
Little Pee Dee River:
Trotlines One hundred fifty hooks maximum per license holder
(three-line maximum)
Gill nets Nongame nets allowed in season
Set hooks Fifty maximum per license holder
Louder's Lake:
Darlington County
Gill nets Nongame nets in season
Set hooks Fifty maximum per license holder
Lumber River:
Trotlines One hundred fifty hooks maximum (three-line
maximum)
Gill nets Nongame nets in season
Set hooks Fifty maximum per license holder
Lynches River:
Trotlines One hundred fifty hooks maximum per license holder
(three-line maximum)
Gill nets Nongame nets allowed in season
Set hooks Fifty maximum per license holder
New River:
Set hooks Fifty maximum per license holder
Old River:
Set hooks Fifty maximum per license holder
Trotlines One Hundred fifty hooks (three-line maximum per
license holder)
Pacolet River:
Traps Two per license holder
Trotlines One hundred fifty hooks maximum (three-line maximum
per license holder)
Set hooks Fifty maximum per license holder
Reedy River:
Traps Two per license holder
Trotlines One hundred fifty maximum (three-line maximum per
license holder)
Set hooks Fifty maximum per license holder
Salkehatchie River:
Set hooks Fifty maximum per license holder
Saluda River:
Includes the waters from the Southern Railroad
Trestle in Greenville County to the backwaters of Lake
Greenwood and the waters from the Lake Greenwood Dam to
the backwaters of Lake Murray
Traps Two per license holder
Trotlines One hundred fifty hooks maximum (three-line maximum
per license holder)
Set hooks Fifty maximum per license holder
Saluda River:
Includes the waters from the Lake Murray Dam to the
Gervais Street Bridge in Columbia
Traps Two per license holder
Trotlines One hundred fifty hooks maximum (three-line maximum
per license holder)
Sampit River:
Gill nets Nongame in season
Traps Fifty maximum with commercial license
Set hooks Fifty maximum per license holder
Santee River:
Downstream from Wilson Dam on Lake Marion:
note that the waters lying between the confluence
of the Wateree and Congaree Rivers and Lake Marion are
considered a part of Lake Marion
Traps Fifty maximum with commercial license
Trotlines One hundred fifty hooks maximum (three-line maximum
per license holder)
No nongame gear (except skimbow nets allowed upstream of U. S. Geological Survey
Gauging Station No. 1715 which is approximately 2.4 miles below Santee Dam)
Eel pots No limit
Savannah River:
Below Stevens Creek Dam
Traps Fifty maximum with commercial license
Hoop nets Fifty maximum with commercial license
Set hooks Fifty maximum per license holder
Gill nets Nongame nets in season
Trotlines Two thousand maximum hooks with commercial license
Eel pots No limit
Twelve Mile Creek:
Traps Maximum two per license holder
Trotlines One hundred fifty hooks maximum per license holder
(three-line maximum)
Set hooks Fifty maximum per license holder
Tyger River:
Traps Maximum two per license holder
Trotlines One hundred fifty hooks maximum (three-line
maximum per license holder)
Set hooks Fifty maximum per license holder
Waccamaw River:
Trotlines One hundred fifty hooks maximum (three-line
maximum per license holder)
Gill nets Nongame nets in season
Set hooks Fifty maximum per license holder
Eel pots Below the junction of Big Bull Creek (no limit)
Wateree River:
Traps Fifty maximum with commercial license
Trotlines Two thousand hooks maximum with commercial license
Set hooks Fifty maximum per license holder
Hoop nets Fifty maximum with commercial license
Bodies of water above the Southern Railway track in Greenville Pickens and Oconee
Counties:
No nongame fishing devices of any kind may be used except in Lakes
Hartwell and Keowee and Twelve Mile Creek.
Section 50-13-1193. The Director of Law Enforcement and Boating of the
Department, all conservation officers and any other employee of the Department
designated by the director may, at any and all reasonable hours, inspect the
vehicles, boats, processing houses and wholesale businesses which are connected
with nongame commercial fishing activity and the records of any person required
to be licensed by this article to insure compliance. Upon request of the
Department the buyers (fish houses) of nongame fish shall report quarterly the
volume of sales.
Section 50-13-1194. The Division of Wildlife and Freshwater Fisheries may adopt
and promulgate regulations for the management, control and enforcement of nongame
fishing in the freshwaters of the State, not contrary to or inconsistent with the
laws of the State.
Section 50-13-1195. Any person violating any of the provisions of this article
or any regulations adopted and promulgated under authority of this article shall
be deemed guilty of a misdemeanor and upon conviction be fined not less than
fifty dollars nor more than two hundred dollars or imprisoned not more than
thirty days.
Section 50-13-1196. (A) In addition to any specific penalty provided in this
article, any fish or fishing device taken or found to be in possession of any
person charged with a violation of this article shall be confiscated. The fish
shall be sold at public auction. If the person charged is convicted, the money
received from such sale shall be forwarded to the Department and placed to the
account of the game protection fund of the State Treasury. After conviction the
fishing devices shall be sold at public auction. The sale of the fish and fishing
devices shall be conducted using the procedures prescribed in Section 50-11-2080.
If such person is acquitted the devices shall be returned to him along with any
money that may have come from the sale of the confiscated fish.
(B) In addition to the specific penalties provided in this article and the
penalties provided in subsection (A) of this section, the boat, motor and fishing
gear of any person WhO is charged with unlawfully fishing or using or having in
possession a gill net or hoop net on any freshwater lake or reservoir of the
State shall be confiscated and sold at auction within the State after conviction
using the procedure prescribed in Section 50-11-2080. The money received from
such sale shall be forwarded to the Department and placed to the account of the
game protection fund of the State Treasury. If such person is acquitted the boat,
motor and fishing gear shall be returned to him. Upon conviction, the Department
shall suspend such person's license or privilege to fish in this State for a
period of one year from the date of conviction.
(C) In addition to the specific penalties provided in this article or the
general provisions of Sections 50-13-1610 and 50-13-1650, upon the conviction of
any commercial freshwater fisherman of illegal possession of game fish or the
sale or traffic in game fish, the Department shall suspend such person's license
or privilege to fish in this State for a period of one year from the date of
conviction.
Section 50-13-1197. Any person who shall take and carry away any nongame
fishing device or any fish caught and being in such device with intent to steal
the device or the fish, or any person who shall tamper with a nongame fishing
device with intent to damage or to make it ineffective for the purpose of taking
fish, shall be deemed guilty of a misdemeanor and upon conviction (1) for
tampering with a device be fined not less than one hundred dollars nor more than
two hundred dollars or imprisoned for not more than thirty days, and (2) for
stealing a device or fish caught in the device be fined not less than five
hundred dollars nor more than one thousand dollars or imprisoned for not more
than six months or both."
Angler's license
SECTION 2. Section 50-9-420 of the 1976 Code is amended to read:
"Section 50-9-420. Except as otherwise expressly provided it shall be
unlawful for any person to fish in fresh water of this State by use of a fly rod,
casting rod, artificial bait or any manufactured tackle or equipment, other than
ordinary hook and line, unless he has at first obtained an angler's license. A
license shall not be required of a landowner or leaseholder fishing on his land
or lands leased by him or of members of the family of such landowner or
leaseholder."
Penalty
SECTION 3. Section 50-13-30 of the 1976 Code is amended by adding after the
second sentence "Eels may be taken with eel pots."
The section when amended shall read:
"Section 50-13-30. It shall be unlawful to catch nongame fish of any kind,
except shad and sturgeon, within the limits of freshwater rivers and streams of
Colleton County except by hook and line, the term hook and line including the use
of fly rods and equipment attached, casting rods and equipment attached and live
and artificial bait. The tickling, pegging, trapping, seining, netting, gigging
and graining of nongame freshwater fish, except shad and sturgeon, are strictly
prohibited within the freshwater rivers and streams of Colleton County except
that mudfish, catfish, carp, garfish, suckfish and all other nongame fish may be
taken with a gig. Eels may be taken with eel pots. Any violation of this section
shall be punishable upon conviction by fine not exceeding one hundred dollars or
imprisonment not exceeding thirty days." Closed time
SECTION 4. Section 50-13-530 of the 1976 Code is amended by striking on line
five "fish" and inserting "shad and herring". The section
when amended shall read:
"Section 50-13-530. There shall be a closed time of all the muddy streams,
creeks and inland waters of the State from the setting of the sun each Saturday
until the rising of the sun each Wednesday, during which time all seines, nets
or other plans or devices for the stoppage or collecting of shad and herring,
which obstruct any portion of any such stream, creek or inland waters, shall be
removed from such creek, stream or inland waters."
Regulations
SECTION 5. Section 50-19-1920 of the 1976 Code is amended to read:
"Section 50-19-1920. The regulations for fishing in the waters of Lake
Marion, Lake Moultrie, the Diversion Canal connecting these lakes and the Tail
Canal shall be as follows:
(1) No person shall have any rifle in his possession in any boat.
(2) All other state game and fish laws are applicable for the Santee-Cooper
lakes, canals and waters.
The Director of the Division of Wildlife and Freshwater Fisheries may change
or alter the regulations."
Persons not to have rifles
SECTION 6. Section 50-19-2220 of the 1976 Code is amended to read:
"Section 50-19-2220. In the waters of the Savannah River between the
Stevens Creek Dam and the highway bridge between Calhoun Falls, South Carolina,
and Elberton, Georgia, including the waters impounded by the Stevens Creek Dam
and the Clark Hill Dam, all in Game Zone 2, no person shall have any rifle in his
possession in any boat nor shall any person fire a rifle within one hundred yards
from the shoreline of such waters."
Regulations
SECTION 7. Section 50-19-2510 of the 1976 Code is amended to read:
"Section 50-19-2510. The regulations for fishing in the waters of
Keowee-Toxaway Lakes in Oconee and Pickens Counties shall provide that no person
shall have any rifle in his possession in any boat nor shall any person fire a
rifle within one hundred yards from the shoreline of such waters."
Further
SECTION 8. Section 50-19-2620 of the 1976 Code is amended to read:
"Section 50-19-2620. The regulations for fishing in the waters of Hartwell
Reservoir shall provide that no person shall have any rifle in his possession in
any boat nor shall any person fire a rifle within one hundred yards from the
shoreline of such waters."
Repeal
SECTION 9. Sections 50-1-50, 50-3-70, 50-13-15, 50-13-40, 50-13-130 through
50-13-180, 50-13-290 through 50-13-310, 50-13-330, 50-13-520, 50-13-540 through
50-13-570, 50-13-590, 50-13-600, 50-13-630, 50-13-640, 50-13-660, 50-13-670,
50-13-705, 50-13-710, 50-13-720, 50-13-740, 50-13-750, 50-13-760, 50-13-780,
50-13-790, 50-13-800, 50-13-810, 50-13-910, 50-13-920, 50-13-930, 50-13-940, 50-13-960, 50-13-970, 50-13-1000, 50-19-1410, 50-19-1740 through 50-19-1800,
50-19-1940 through 50-19-2020, 50-19-2110, 50-19-2320, 50-19-2340 through
50-19-2390, 50-19-2910 through 50-19-2960 of the 1976 Code, Act 57 of 1977 and
Section 3 of Act 20 of 1977 are repealed.
Time effective
SECTION 10. This act shall take effect July 1, 1982. |