Current Status Introducing Body:House Bill Number:3775 Ratification Number:355 Act Number:316 Primary Sponsor:Bennett Type of Legislation:GB Subject:Nongame fishing devices, provisions Date Bill Passed both Bodies:Mar 24, 1992 Computer Document Number:NO5/7383.BD Governor's Action:S Date of Governor's Action:Apr 08, 1992 Introduced Date:Apr 04, 1991 Date of Last Amendment:Mar 19, 1992 Last History Body:------ Last History Date:Apr 08, 1992 Last History Type:Act No. 316 Scope of Legislation:Statewide All Sponsors:Bennett Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
3775 ------ Apr 08, 1992 Act No. 316
3775 ------ Apr 08, 1992 Signed by Governor
3775 ------ Apr 02, 1992 Ratified R 355
3775 House Mar 24, 1992 Ordered enrolled for
ratification
3775 Senate Mar 19, 1992 Conference Committee Report 98
adopted
3775 House Mar 19, 1992 Conference Committee Report 98
adopted
3775 House Mar 09, 1992 Conference powers granted, 98
appointed Reps. to Committee
of Conference
3775 Senate Mar 05, 1992 Conference powers granted, 98
appointed Senators to
Committee of Conference
3775 Senate Mar 05, 1992 Insists upon amendment
3775 House Mar 05, 1992 Non-concurrence in Senate
amendment
3775 Senate Mar 04, 1992 Amended, read third time,
returned with amendment
3775 Senate Feb 27, 1992 Read second time, notice of
general amendments
3775 Senate Jun 06, 1991 Committee Report: Favorable 07
with amendment
3775 Senate Apr 29, 1991 Introduced, read first time, 07
referred to Committee
3775 House Apr 25, 1991 Read third time, sent to
Senate
3775 House Apr 24, 1991 Amended, read second time
3775 House Apr 17, 1991 Committee Report: Favorable 20
with amendment
3775 House Apr 04, 1991 Introduced, read first time, 20
referred to Committee
View additional legislative information at the LPITS web site.
(A316, R355, H3775)
AN ACT TO AMEND SECTION 50-13-1116, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING AND IDENTIFICATION OF NONGAME FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR FLOATING MARKERS; TO AMEND SECTION 50-13-1135, RELATING TO COMMERCIAL AND NONCOMMERCIAL FISHING LICENSES FOR TAKING FRESHWATER NONGAME FISH WITH CERTAIN FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR A TROTLINE; TO AMEND SECTION 50-13-1145, RELATING TO THE MAXIMUM NUMBER OF DEVICES FOR FRESHWATER FISHING, SO AS TO REVISE THE NUMBER OF TROTLINE HOOKS; TO AMEND SECTION 50-13-1150, RELATING TO APPLICATIONS AND FEES FOR RESIDENT AND NONRESIDENT COMMERCIAL FISHING LICENSES, SO AS TO INCREASE THE FEE FOR NONRESIDENTS FROM FIVE HUNDRED TO ONE THOUSAND DOLLARS; TO AMEND SECTION 50-13-1155, RELATING TO TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES, SO AS TO INCREASE THE PURCHASE PRICE FOR THE TAGS AND PERMITS FOR NONRESIDENTS TO FIFTY DOLLARS; TO AMEND SECTION 50-13-1180, RELATING TO TROTLINES, SO AS TO REQUIRE TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE TO HAVE A GAP AND PROHIBIT STAINLESS STEEL HOOKS; TO AMEND SECTION 50-13-1192, RELATING TO THE TYPE AND NUMBER OF NONGAME FISHING DEVICES USED IN FRESHWATER, SO AS TO REVISE THE REQUIREMENTS FOR TROTLINES; TO AMEND SECTION 50-13-1195, RELATING TO PENALTIES IN THE PROTECTION OF NONGAME FISH, SO AS TO AUTHORIZE THE FORFEITURE OF TAGS AND PERMITS AND PROVIDE FOR THE INELIGIBILITY FOR OTHER TAGS AND PERMITS UPON FORFEITURE; AND TO AMEND SECTION 50-11-310, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONE 8.
Be it enacted by the General Assembly of the State of South Carolina:
Floating markers
SECTION 1. Section 50-13-1116 of the 1976 Code, as added by Act 477 of 1988, is amended to read:
"Section 50-13-1116. Notwithstanding other provisions of this title, nongame fishing devices specified in Section 50-13-1115(A)(1), (4), (5), and (6), must be marked with a floating marker with a minimum capacity of one pint and a maximum capacity of one gallon or equivalent size and must be made of solid, buoyant material which does not sink if punctured or cracked. The floating markers must be constructed of plastic, PVC spongex, plastic foam, or cork. No hollow buoys or floats including plastic, metal, or glass bottles or jugs may be used, except manufactured buoys or floats specifically designed for use with nongame fishing devices may be hollow if constructed of heavy duty plastic material and approved by the department. The floating markers must be colored white when used the first through the fifteenth each month and yellow when used the remainder of the month. The owner's name and address must be marked clearly on each floating marker.
Nongame fishing devices specified in Section 50-13-1115(A)(2) must have an identification tag bearing the owner's name and address attached to it."
Fishing devices
SECTION 2. Section 50-13-1135 of the 1976 Code is amended to read:
"Section 50-13-1135. (A)(1) A person who takes nongame fish in the freshwaters of this State with the following nongame fishing devices shall obtain and must have in possession a valid South Carolina fishing license: (a) bows and arrows;
(b) gigs;
(c) spears;
(d) tires;
(e) minnow seines;
(f) one trotline with not more than fifty hooks;
(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) one gill net not more than two hundred yards in length or not more than five gill nets, none of which exceeds thirty yards in length;
(l) not more than one skimbow net;
(m) not more than two eel pots;
(n) not more than one seine.
(2) A noncommercial fisherman shall purchase set hook or jug fishing permits and tags required by this article for the particular device used. Tags and permits may be applied for on forms provided by the department. This fisherman shall comply with other provisions of this article pertaining to the marking and use of nongame fishing devices.
(B) A person who fishes for nongame fish in the freshwaters of this State by the use of the following nongame fishing devices shall obtain and must have in possession a commercial freshwater fishing license:
(1) two or more gill nets unless they are used as permitted by subsection (A)(1)(k);
(2) two or more hoop nets;
(3) three or more traps;
(4) a trotline with fifty-one hooks or more;
(5) three or more eel pots."
Trotline hooks
SECTION 3. Section 50-13-1145 of the 1976 Code is amended to read:
"Section 50-13-1145. Exclusive of strictly private ponds, no person may fish in an 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) five hundred trotline hooks."
Nonresident commercial fishing license fees
SECTION 4. Section 50-13-1150 of the 1976 Code is amended to read:
"Section 50-13-1150. (A) A person who has been a resident of this State continuously for at least twelve months may apply on forms furnished by the department for a commercial freshwater fishing license. Upon proof satisfactory to the department of his residency and payment of an annual fee of fifty dollars, he must be issued a resident commercial freshwater fishing license.
(B) A nonresident , including a person who has not been a resident of this State continuously for at least twelve months before his application, may apply on forms furnished by the department for a nonresident commercial freshwater fishing license. Upon approval of the application by the department and the payment of an annual fee of one thousand dollars, he must be issued the license."
Tags and permits for nongame fishing devices for nonresidents
SECTION 5. Section 50-13-1155 of the 1976 Code is amended to read:
"Section 50-13-1155. (A)(1) In addition to the licenses and permits required by Sections 50-13-1135 and 50-13-1150, a 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 device as follows:
(a) a tag for each gill net at five dollars a tag;
(b) a tag for each hoop net at ten dollars a tag;
(c) a tag for each trap at five dollars a tag;
(d) a tag for each eel pot at five dollars a tag;
(e) a tag for a trotline with fifty hooks or less at two dollars fifty cents a tag;
(f) a permit for the use of fifty set hooks or less at five dollars a permit;
(g) a permit for the use of fifty jugs or less at five dollars a permit.
(2) The cost of the tags and permits in item (1) applies to residents. The cost of each tag and permit for nonresidents is fifty dollars.
(B) Each tag issued pursuant to this section must be attached at all times to the device for which it was issued. Each permit and tag identification receipt must be kept on the person to whom it was issued while the person is in possession of or using nongame fishing devices.
(C) A fee of one dollar must be paid for replacement of a tag or permit issued pursuant to this section which is lost or destroyed.
(D) A person sixty-five years of age or older and minors under sixteen years of age are not required to purchase a permit to comply with subsection (A)(1)(f) but a tag with the person's name, address, and age must be attached to the device.
(E) As used in this section, nonresident is defined as in Section 50-13-1150."
Trotline hooks in Lakes Marion and Moultrie, stainless steel hooks
SECTION 6. Section 50-13-1180 of the 1976 Code is amended to read:
"Section 50-13-1180. (A) No more than five hundred hooks may be attached to a single trotline. A trotline must not be attached to another trotline or to the support or float of another trotline.
(B) April first to October first a trotline is not permitted in waters in this State 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. October second to March thirty-first trotlines may be left in the water twenty-four hours a day at any depth.
(C) A trotline must not be placed within one hundred feet of the mouth of a tributary stream.
(D) A trotline may not remain in the waters of this State more than twenty-four hours without inspection and removal of the fish taken on it.
(E) A trotline must not be placed within two hundred yards of a permanent man-made structure on Lakes Marion and Moultrie nor placed in the diversion canal connecting Lakes Marion and Moultrie.
(F) Trotline hooks used in Lakes Marion and Moultrie must have a gap or clearance between point and shank no greater than seven-sixteenths inch.
(G) Stainless steel hooks must not be used on a trotline."
Trotlines
SECTION 7. Section 50-13-1192 of the 1976 Code is amended to read:
"Section 50-13-1192. Bows and arrows, gigs, spears, tires, cast nets, and minnow seines may be used in freshwaters except in lakes owned or managed by the department. Notwithstanding other provisions of this article, it is unlawful to use or possess a nongame fishing device or gear or the number not authorized by this section for a particular body of water. Nongame fishing devices, except as provided in this section, must not be used in freshwater including tributaries of rivers or creeks unless listed and regulated as indicated below:
(1) Ashepoo River:
(a) set hooks: fifty maximum for each license holder;
(b) eel pots: no limit;
(2) Ashley River:
(a) set hooks: fifty maximum for each license holder;
(b) eel pots: no limit;
(3) Black Creek; Darlington, Florence, and Chesterfield counties including Lakes Robinson and Prestwood:
(a) trotlines: fifty hooks maximum for each license holder;
(b) gill nets: nongame nets in season;
(c) set hooks: fifty maximum for each license holder;
(4) Black River:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(c) trotlines: fifty hooks maximum for each license holder;
(5) Broad River, includes the waters from the North Carolina line to the confluence of the Broad and Saluda Rivers:
(a) traps: five for each license holder;
(b) trotlines: fifty maximum for each license holder;
(c) set hooks: fifty maximum for each license holder;
(d) seines from Highway 34 Bridge up: one for each license holder;
(6) Bull Creek; Horry and Georgetown counties:
(a) trotlines: fifty hooks maximum;
(b) gill nets: nongame nets in season;
(c) eel pots: no limit;
(d) traps: fifty maximum with commercial license;
(7) Buffalo Creek: seines: one for each license holder;
(8) Bush River, Laurens County: seines: one for each license holder;
(9) Combahee River:
(a) set hooks: maximum fifty for each license holder;
(b) eel pots: no limit;
(10) Congaree River, includes the waters from the Gervais Street Bridge in Columbia to the confluence of the Congaree and Wateree Rivers:
(a) traps: fifty maximum with commercial license;
(b) trotlines: five hundred hooks maximum with commercial license;
(c) hoop nets: fifty maximum with commercial license;
(11) Cooper River:
(a) traps: fifty maximum with commercial license and not allowed upstream from Wadboo Creek;
(b) trotlines: fifty hooks maximum for each license holder. No trotlines permitted upstream from Wadboo Creek;
(c) fyke nets: as allowed for eel fishing by regulation;
(d) set hooks: fifty maximum for each license holder, and no set hooks permitted upstream from Wadboo Creek;
(e) eel pots: no limit and not allowed upstream from Wadboo Creek;
(f) pump nets: no limit;
(12) Coosawhatchie and Tullifinny Rivers: set hooks: fifty maximum for each license holder;
(13) Mallard's Lake, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(14) Mims Lake, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(15) Shuler Lake, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(16) Woods Lake, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(17) Bridge Lake, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(18) Little Pond Lake, Dorchester County waters;
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(19) Steed's Lake, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(20) John's Hole Lake, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(21) Rock's Lake, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(22) Mouth of Four Holes Lake, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(23) Durbin Creek: seines: one for each license holder;
(24) Edisto River:
(a) set hooks: fifty maximum for each license holder;
(b) eel pots: no limit;
(25) Enoree River:
(a) traps: two for each license holder;
(b) trotlines: fifty maximum for each license holder;
(c) set hooks: fifty for each license holder;
(d) seines: one for each license holder from Southern Railroad in Greenville County down;
(26) Great Pee Dee River, includes the waters from I-95 to the North Carolina line;
(a) traps: fifty maximum allowed with commercial license;
(b) trotlines : five hundred maximum hooks with commercial license;
(c) gill nets: nongame nets allowed in season;
(d) set hooks: fifty maximum for each license holder;
(e) hoop nets: fifty maximum with commercial license north of S.C. 34 only;
(27) Great Pee Dee River, includes the water from I-95 to the saltwater-freshwater line:
(a) gill nets: nongame nets in season;
(b) trotlines: fifty hooks maximum for each license holder;
(c) set hooks: fifty maximum for each license holder;
(d) eel pots: below Highway 701 bridge only, no limit;
(e) traps: fifty maximum allowed with commercial license;
(28) Jefferies Creek, Florence County:
(a) gill nets: nongame nets in season;
(b) trotlines: fifty hooks maximum for each license holder;
(29) Lake J. Strom Thurmond and Stevens Creek:
(a) traps: five maximum for each license holder;
(b) trotlines: fifty hooks maximum for each license holder;
(c) jugs: fifty maximum for each license holder;
(30) Lake Greenwood:
(a) traps: five maximum for each license holder;
(b) trotlines: fifty hooks maximum for each license holder;
(c) jugs: fifty maximum for each license holder;
(31) Lake Hartwell:
(a) traps: five maximum for each license holder;
(b) trotlines: fifty hooks maximum for each license holder;
(32) Lake Jocassee: nongame devices prohibited;
(33) Lake Keowee:
(a) traps: five maximum for each license holder;
(b) trotlines: fifty hooks maximum for each license holder;
(34) Lakes Marion and Moultrie, the waters lying between the confluence of the Wateree and Congaree Rivers, and the backwaters of Lake Marion are considered a part of Lake Marion:
(a) traps: fifty maximum with commercial license;
(b) trotlines: one thousand hooks maximum with commercial license. Hooks must have a gap or clearance between point and shank no greater than seven-sixteenths inch;
(35) Lake Murray:
(a) traps: five maximum for each license holder;
(b) trotlines: fifty hooks maximum for each license holder;
(36) Lake Richard B. Russell:
(a) traps: five maximum for each license holder;
(b) trotlines: fifty hooks maximum for each license holder;
(c) jugs: fifty maximum for each license holder;
(37) Lake Secession:
(a) traps: two maximum for each license holder;
(b) trotlines: fifty hooks maximum for each license holder;
(c) jugs: fifty maximum for each license holder;
(38) Lake Wateree:
(a) traps: five maximum for each license holder;
(b) trotlines: fifty hooks maximum for each license holder;
(39) Catawba River, includes the waters from the Lake Wylie Dam to the backwaters of Lake Wateree, including reservoirs:
(a) traps: two maximum for each license holder;
(b) trotlines: fifty hooks maximum for each license holder;
(c) set hooks: fifty maximum for each license holder;
(d) seines: one for each license holder, York County only;
(40) Lake Wylie:
(a) traps: five maximum for each license holder;
(b) trotlines: fifty hooks maximum for each license holder;
(41) Little River: seines: one for each license holder from Mars Bridge in McCormick County up;
(42) Little Pee Dee River:
(a) trotlines: fifty hooks maximum for each license holder;
(b) gill nets: nongame nets allowed in season;
(c) set hooks: fifty maximum for each license holder;
(43) Log Creek, Edgefield County: seines: one for each license holder;
(44) Long Cane Creek, above Patterson Bridge: seines: one for each license holder;
(45) Louder's Lake, Darlington County:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(46) Lumber River:
(a) trotlines: fifty hooks maximum;
(b) gill nets: nongame nets in season;
(c) set hooks: fifty maximum for each license holder;
(47) Lynches River:
(a) trotlines: fifty hooks maximum for each license holder;
(b) gill nets: nongame nets allowed in season;
(c) set hooks: fifty maximum for each license holder;
(48) Mulberry Creek, Greenwood County: seines: one for each license holder;
(49) New River: set hooks: fifty maximum for each license holder;
(50) Old River:
(a) set hooks: fifty maximum for each license holder;
(b) trotlines: fifty hooks maximum for each license holder;
(51) Pacolet River:
(a) traps: two for each license holder;
(b) trotlines: fifty hooks maximum for each license holder;
(c) set hooks: fifty maximum for each license holder;
(d) seines: one for each license holder;
(52) Rabon Creek, Laurens County: seines: one for each license holder;
(53) Redbank Creek, Saluda County west of Highway 121: seines: one for each license holder;
(54) Reedy River:
(a) traps: two for each license holder;
(b) trotlines: fifty maximum for each license holder;
(c) set hooks: fifty maximum for each license holder;
(d) seines: one for each license holder from Southern Railroad in Greenville County down;
(55) Rocky River, Anderson County: seines: one for each license holder;
(56) Salkehatchie River: set hooks: fifty maximum for each license holder;
(57) 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:
(a) traps: two for each license holder;
(b) trotlines: fifty hooks maximum for each license holder;
(c) set hooks: fifty maximum for each license holder;
(d) seines: one for each license holder, in Anderson, Laurens, and Greenville counties only, except in Anderson County seines may be used in the river tributaries;
(58) Saluda River, includes the waters from the Lake Murray Dam to the Gervais Street Bridge in Columbia:
(a) traps: two for each license holder;
(b) trotlines: fifty hooks maximum for each license holder;
(59) Sampit River:
(a) gill nets: nongame nets in season;
(b) traps: fifty maximum with commercial license;
(c) set hooks: fifty maximum for each license holder;
(60) Santee River, downstream from Wilson Dam on Lake Marion, and the waters lying between the confluence of the Wateree and Congaree Rivers and Lake Marion are considered a part of Lake Marion:
(a) traps: fifty maximum with commercial license;
(b) trotlines: fifty hooks maximum, for each license holder;
(c) nongame gear: not allowed, except skimbow nets allowed upstream of U.S. Geological Survey Gauging Station No. 1715 which is approximately 2.4 miles below Santee Dam;
(d) eel pots: no limit;
(61) Savannah River below Stevens Creek Dam:
(a) traps: fifty maximum with commercial license;
(b) hoop nets: fifty maximum with commercial license;
(c) set hooks: fifty maximum for each license holder;
(d) gill nets: nongame nets in season;
(e) trotlines: five hundred maximum hooks with commercial license;
(f) eel pots: no limit;
(62) Stevens Creek, above Clark's Hill Bridge: seines: one for each license holder;
(63) Thickly Creek, Cherokee County: seines: one for each license holder;
(64) Turkey Creek, Edgefield and Greenwood counties: seines: one for each license holder;
(65) Twelve Mile Creek:
(a) traps: two maximum for each license holder;
(b) trotlines: fifty hooks maximum for each license holder;
(c) set hooks: fifty maximum for each license holder;
(66) Tyger River:
(a) traps: two maximum for each license holder;
(b) trotlines: fifty hooks maximum for each license holder;
(c) set hooks: fifty maximum for each license holder;
(d) seines: one for each license holder;
(67) Waccamaw River:
(a) trotlines: fifty hooks maximum for each license holder;
(b) gill nets: nongame nets in season;
(c) set hooks: fifty maximum for each license holder;
(d) eel pots, below the junction of Big Bull Creek: no limit;
(68) Warrior Creek, Laurens County: seines: one for each license holder;
(69) Wateree River:
(a) traps: fifty maximum with commercial license;
(b) trotlines: five hundred hooks maximum with commercial license;
(c) set hooks: fifty maximum for each license holder;
(d) hoop nets: fifty maximum with commercial license;
(70) Wilson Creek, Greenwood County: seines: one for each license holder one mile above the backwaters of Greenwood up."
Forfeiture of tags and permits for nongame fish; ineligible tags and permits
SECTION 8. Section 50-13-1195 of the 1976 Code is amended to read:
"Section 50-13-1195. A person violating this article or regulations adopted and promulgated under its authority is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than two hundred dollars or imprisoned not more than thirty days. In addition to that penalty, the court may require the person to forfeit for one year tags and permits purchased pursuant to Section 50-13-1155 and may provide for his ineligibility for other tags and permits for that year."
Deer Season in Game Zone 8
SECTION 9. Section 50-11-310(4) of the 1976 Code is amended to read:
"(4) In Game Zone 8, from September first through January first."
Time effective
SECTION 10. This act takes effect July 1, 1993, except the amendment to Section 50-13-1116, Section 1, and Section 50-13-1180 adding (F) and (G), Section 6, take effect upon approval by the Governor.
Approved the 8th day of April, 1992.