H*3806 Session 104 (1981-1982)
H*3806(Rat #0571, Act #0461 of 1982) General Bill, By E.C. Stoddard,
R.L. Altman, J.F. Anderson, J.M. Arthur, J.N. Ashe, H.L. Barksdale, D.M. Bruce,
A.H. Buchan, M.J. Busbee, Carnell, C.D. Chamblee, M.D. Cleveland, R.L. Cobb,
M.J. Cooper, V.L. Crocker, M.R. Daniel, G.W. Dukes, T.W. Edwards, T.J. Ervin,
J.G. Felder, S.R. Foster, P. Freeman, M.S. Gulledge, A. Hardy, P.B. Harris,
D.O. Hawkins, J.C. Hayes, B.L. Hendricks, C.T. Hinson, B.F. Hornsby,
S.H. Howard, T.E. Huff, Kirsh, J.R. Klapman, E.S. Lake, W.R. Lee, T.G. Mangum,
Martin, J.G. McAbee, D.E. McTeer, J. Murray, M.E. Nunnery, D.L. Ogburn,
L. Phillips, Phillips, J.C. Pracht, J.L. Rampey, J.A. Reynolds, I.K. Rudnick,
Sheheen, D. Sheppard, E.W. Simpson, J.J. Snow, D.C. Waldrop, M.H. Westbrook and
D.E. Winstead
Similar(S 941)
A Bill to amend Sections 50-13-1110, 50-13-1115, 50-13-1120, 50-13-1135,
50-13-1187, 50-13-1192, and 50-13-1196, relating to the protection of nongame
fish, so as to provide that the Article of the Code relating to protection of
nongame fish shall not apply to shad or herring where otherwise provided by
law, to add seines to the list of devices which may be used for taking nongame
fish, to provide that it shall be lawful to take nongame fish with lawful game
fishing devices designed to take game fish, to define "seine", to provide that
any person taking fish with more than one seine must obtain and have in
possession a valid state fishing license, to require any person taking nongame
fish with two or more gill nets to obtain and have in possession a commercial
fresh water fishing license, to add grapes as permissible bait for use with
trotlines, set hooks, and jugs, to regulate nongame fishing in additional
bodies of fresh water, to provide that confiscated fish may be sold under the
provisions of law for the sale of perishable items, to qualify the actions
which are unlawful and which may result in the confiscation and sale of boats,
motors, and fishing gear; and to amend the Code of Laws of South Carolina,
1976, by adding Sections 50-13-1191A and 50-17-2275 so as to provide that it
shall be unlawful to anchor a seine and leave it unattended, and to regulate
the use of gill nets on certain bodies of water in Florence, Georgetown and
Williamsburg Counties.-at
04/08/82 House Introduced, read first time, placed on calendar
without reference HJ-2063
04/20/82 House Debate adjourned HJ-2231
04/22/82 House Debate adjourned HJ-2309
04/27/82 House Amended HJ-2616
04/27/82 House Read second time HJ-2626
04/28/82 House Read third time and sent to Senate HJ-2639
04/28/82 Senate Introduced and read first time SJ-14
04/28/82 Senate Referred to Committee on Fish, Game and Forestry SJ-15
05/26/82 Senate Committee report: Favorable with amendment Fish,
Game and Forestry SJ-76
05/28/82 Senate Read second time SJ-326
05/28/82 Senate Ordered to third reading with notice of
amendments SJ-326
05/31/82 Senate Amended SJ-27
05/31/82 Senate Read third time SJ-37
05/31/82 Senate Returned SJ-37
06/01/82 House Debate adjourned on amendments HJ-3663
06/02/82 House Concurred in Senate amendment and enrolled HJ-3779
06/03/82 House Ratified R 571 HJ-3950
06/14/82 Signed By Governor
06/14/82 Effective date 06/14/82
06/14/82 Act No. 461
07/02/82 Copies available
(A461, R571, H3806)
AN ACT TO AMEND SECTIONS 50-13-1110, 50-13-1115, 50-13-1120, 50-13-1135,
50-13-1187, 50-13-1192, AND 50-13-1196, RELATING TO THE PROTECTION OF NONGAME
FISH, SO AS TO PROVIDE THAT THE ARTICLE OF THE CODE RELATING TO PROTECTION OF
NONGAME FISH SHALL NOT APPLY TO SHAD OR HERRING WHERE OTHERWISE PROVIDED BY LAW,
TO ADD SEINES TO THE LIST OF DEVICES WHICH MAY BE USED FOR TAKING NONGAME FISH,
TO PROVIDE THAT IT SHALL BE LAWFUL TO TAKE NONGAME FISH WITH LAWFUL GAME FISHING
DEVICES DESIGNED TO TAKE GAME FISH, TO DEFINE "SEINE", TO PROVIDE THAT
ANY PERSON TAKING FISH WITH MORE THAN ONE SEINE MUST OBTAIN AND HAVE IN
POSSESSION A VALID STATE FISHING LICENSE, TO REQUIRE ANY PERSON TAKING NONGAME
FISH WITH TWO OR MORE GILL NETS TO OBTAIN AND HAVE IN POSSESSION A COMMERCIAL
FRESH WATER FISHING LICENSE, TO ADD GRAPES AS PERMISSIBLE BAIT FOR USE WITH
TROTLINES, SET HOOKS, AND JUGS, TO REGULATE NONGAME FISHING IN ADDITIONAL BODIES
OF FRESH WATER, TO PROVIDE THAT CONFISCATED FISH MAY BE SOLD UNDER THE PROVISIONS
OF LAW FOR THE SALE OF PERISHABLE ITEMS, TO QUALIFY THE ACTIONS WHICH ARE
UNLAWFUL AND WHICH MAY RESULT IN THE CONFISCATION AND SALE OF BOATS, MOTORS, AND
FISHING NEAR; AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTIONS 50-13-1126 AND 50-17-2275 SO AS TO PROVIDE THAT IT SHALL BE UNLAWFUL TO
ANCHOR A SEINE AND LEAVE IT UNATTENDED, AND TO REGULATE THE USE OF GILL NETS ON
CERTAIN BODIES OF WATER IN FLORENCE, GEORGETOWN AND WILLIAMSBURG COUNTIES.
Be it enacted by the General Assembly of the State of South Carolina:
Applicability of article
Section 1. Section 50-13-1110 of the 1976 Code, created by Act 170 of 1981, is
amended by adding at the end:
"The provisions of this article shall not apply to shad or herring where
otherwise provided by law."
Seines added to nongame fishing devices which may be used
Section 2. Subsection (A) of Section 50-13-1115 of the 1976 Code, created by
Act 170 of 1981, is amended by adding at the end:
"(15) seines".
Game fishing devices
Section 3. Subsection (B) of Section 50-13-1115 of the 1976 Code, created by
Act 170 of 1981, is amended by adding at the end:
"Nothing in this article shall be construed to prohibit the taking of
nongame fish with lawful game fishing devices designed to take game fish."
Definition
Section 4. Section 50-13-1120 of the 1976 Code, created by Act 170 of 1981, is
amended by adding at the end:
"(p) 'seine' is a net having a stretch mesh of not less than one inch and
not more than one and one-half inches which do not exceed seventy-five feet in
length or six feet in depth."
Nongame fishing devices more than one seine added
Section 5. Subsection (1) of Section 50-13-1135 of the 1976 Code, created by
Act 170 of 1981, is amended by adding at the end of the first paragraph:
"(n) Not more than one seine."
Nongame fishing devices--two or more gill nets added
Section 6. Item (a) of subsection (2) of Section 50-13-1135 of the 1976 Code,
created ,by Act 170 of 1981, is amended to read:
"(a) two or more gill nets;".
Trotlines, set hooks and jugs
Section 7. Section 50-13-1187 of the 1976 Code, created by Act 170 of 1981, is
amended by adding before the period at the end: "(6) grapes". The
section as amended shall read:
"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) (6) grapes."
Unlawful to anchor seine and leave unattended
Section 8. The 1976 Code is amended by adding:
"Section 50-13-1126. It shall be unlawful to anchor a seine and leave it
unattended."
Bows and arrows, jigs, spears, tires, cast nets and minnow seines mar be used
Section 9. Section 50-13-1192 of the 1976 Code, as created by Act 170 of 1981,
is amended to read:
"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
Seines From Highway 34 Bridge up-one 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
Traps Fifty maximum with commercial license
Buffalo Creek:
Seines One per license holder
Bush River: (Laurens County)
Seines One per license holder
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
permitted 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
Durbin Creek:
Seines One 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 maximum)
per license holder
Set hooks Fifty per license holder
Seines One per license holder (from Southern Railroad
in Greenville County down)
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
Traps Maximum fifty allowed with commercial license
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 backwaters 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
Seines One per license holder (York County only)
Lake Wylie:
Traps Maximum five per license holder
Trotlines One hundred fifty maximum per license holder
(three-line maximum)
Little River:
Seines One per license holder (from Mars Bridge in
McCormick County up)
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
Log Creek: (Edgefield County)
Seines One per license holder
Long Cane Creek: (above Patterson Bridge)
Seines One 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
Mulberry Creek: (Greenwood County)
Seines One 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
Seines One per license holder
Rabon Creek: (Laurens County)
Seines One per license holder
Redbank Creek: (Saluda County west of Highway 121)
Seines One 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
Seines One per license holder (from Southern Railroad
in Greenville County down)
Rocky River: (Anderson County)
Seines One 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
Seines One per license holder (in Anderson, Laurens,
and Greenville Counties only, except in
Anderson County seines may be used in the river
tributaries)
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
Stevens Creek: (above Clark's Hill Bridge)
Seines One per license holder
Thickly Creek: (Cherokee County)
Seines One per license holder
Turkey Creek: (Edgefield and Greenwood Counties)
Seines One per license holder
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
Seines One 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)
Warrior Creek: (Laurens County)
Seines One per license holder
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
Wilson Creek: (Greenwood County)
Seines One per license holder (one mile above the back
waters of Greenwood up)".
Penalties
Section 10. Subsection (A) of Section 50-13-1196, created by Act 170 of 1981,
is amended by striking the second sentence and inserting:
"The fish shall be sold in the same manner as prescribed in Section
50-11-3940 for the sale of perishable items." When amended the subsection
shall read:
"(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 in
the same manner as prescribed in Section 50-11-3940 for the sale of perishable
items. 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."
Further
Section 11. Subsection (B) of Section 50-13-1196 of the 1976 Code, created by
Act 170 of 1981, is amended by striking beginning on line four "fishing
or". When amended the subsection shall read:
"(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 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."
Size of gill nets
Section 12. The 1976 Code is amended by adding:
"Section 50-17-2275. It shall be lawful to use gill nets having a mesh
size no smaller than two and one-half inches and no greater than three inches,
stretched mesh, for the taking of herring from February fifteenth through April
fifteenth on Wednesday, Thursday, Friday and Saturday only during any week of the
open season in the following areas:
(1) On the Great Pee Dee, Old River around Bird Island, and Louders Lake in
Darlington County and the Lynches River in Florence County.
(2) On the Sampit, Waccamaw and Black Rivers in Georgetown County.
(3) In Williamsburg County."
Time effective
Section 13. This act shall take effect upon the approval by the Governor. |