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

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.