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Statutes > South-carolina > Title-50 > Chapter-13

Title 50 - Fish, Game and Watercraft

CHAPTER 13.

PROTECTION OF FISH

ARTICLE 1.

RESTRICTIONS ON FISHING GENERALLY

SECTION 50-13-5. Definitions.

For the purposes of this chapter:

(1) "Day" means the period from official sunrise of one day, to official sunrise of the next day.

(2) "Landed" means to take and bring a fish ashore.

(3) "Striped bass" or "rockfish" is the species Morone saxatilis.

(4) The "Lower Santee River system" includes all waters and tributaries seaward of the Lake Murray Dam, the Columbia Canal Diversion Dam, and the Lake Wateree Dam to the freshwater/saltwater dividing line on the North Santee River and the South Santee River.

(5) The "Cooper River system" includes all waters and tributaries, including the Tailrace Canal, of the Cooper River from its point of origin seaward to the freshwater/saltwater dividing line.

SECTION 50-13-10. Lawful methods of catching game fish.

The catching of game fish in all waters of the State shall be only with hook and line, fly rod, casting rod, pole and line and hand line. Not more than two of the above-mentioned devices may be used by any one individual while fishing.

SECTION 50-13-11. Use of unlimited number of fishing devices.

Notwithstanding the provisions of Section 50-13-10, any person fishing in a boat may use an unlimited number of lawful fishing devices so long as every other occupant of the boat who, if fishing would be required by law to have a fishing license, has in his possession a valid fishing license.

SECTION 50-13-12. Taking fish by snagging.

It is unlawful to take fish by snagging, pulling, or jerking a device equipped with one or more hooks through the water for the purpose of impaling fish within one thousand feet downstream of a hydroelectric dam. Nothing in this section prohibits the use of lures or baited hooks for the purpose of catching fish.

SECTION 50-13-20. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.

SECTION 50-13-25. Catch and size limits for bass and other fish in Slade Lake; fishing season; equipment and other restrictions; penalties.

(A) Notwithstanding any other provision of law, it is unlawful to catch and carry away from Slade Lake in Edgefield County any bass not meeting the minimum size limitation of twelve inches in length. The lawful catch limit for bass in Slade Lake is two per day, and the lawful catch limit for all other fish is fifteen per day.

(B) There is hereby established an open season for fishing on Slade Lake, beginning on the first day of April and terminating on the first day of November. During the open season, fishing is only allowed on Wednesdays, Saturdays, and Sundays, opening one-half hour before sunrise and closing one-half hour after sundown. A valid fishing license is required for a person sixteen years of age or older.

(C) It is unlawful to take any fish of any kind from Slade Lake except by hook and line, which includes poles, rod and reel, and natural or artificial bait, excluding minnows, and no person may use more than two poles at the same time. Nongame fishing devices may not be used including, but not limited to, traps, trotlines, or jugs.

(D) It is unlawful on Slade Lake or the recreational area of Slade Lake to:

(1) use watercraft of any kind on Slade Lake unless the watercraft is operated using oars or an electric trolling motor;

(2) have rifles, shotguns, or other firearms in one's possession;

(3) litter, as defined in Section 44-96-40;

(4) have a glass container in one's possession;

(5) have beer, wine, or other alcoholic beverages in one's possession;

(6) operate a motor vehicle off designated roadways or park a vehicle outside of designated parking areas.

(E) A person violating a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than ten dollars or more than one hundred dollars or imprisoned not less than ten days or more than thirty days, or both.

SECTION 50-13-60. Department to declare closed season in streams on recommendation of county legislative delegations.

The department shall declare a closed season for a period of not more than sixty days at any one time on fish in any stream in this State on the written recommendation of the Senator and at least one half of the representatives from any county in which such stream may be situated. Any person who shall take fish from any such stream in this State during any such closed season shall, upon conviction, be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for not less than thirty days.

SECTION 50-13-65. Closed season authorized on streams in Game Zone No. 1.

Notwithstanding the provisions of Section 50-13-60, in Game Zone 1 only, a stream may be closed for a period of one hundred fifty days under the same procedure as provided in Section 50-13-60 and any person convicted of unlawfully fishing during such closed season shall be fined as provided in Section 50-13-60.

SECTION 50-13-70. Notice of season closed on recommendation of county legislative delegation.

The department shall give notice of the closed season so declared by publication in at least two daily newspapers, including a newspaper in the county or counties in which the closed season is declared, if such counties have newspapers therein, stating the length of the period of such closed season.

SECTION 50-13-80. Conduct which is prima facie evidence of violating season closed on recommendation of county legislative delegation.

Any person found fishing with hook and line or in any other manner whatsoever within the restricted territory during a closed season so declared shall be prima facie guilty of violating the provisions of Section 50-13-60, regardless of whether he shall have caught any fish or not.

SECTION 50-13-90. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.

SECTION 50-13-100. Unlawful to possess trout during season closed on recommendation of county legislative delegation.

It shall be unlawful for any person during a closed season declared pursuant to Section 50-13-60 to have in his possession any trout taken from the fresh waters of this State. Any person found in possession of fresh-water trout during a closed season shall be presumed to have taken such trout from the fresh-water streams of this State.

SECTION 50-13-110. Lawful fishing for trout in Game Zone No. 1.

It shall be lawful for any person to fish for and catch trout in Game Zone No. 1 at any time except during the closed season therefor.

SECTION 50-13-200. Night fishing in Bridge Lake in Dorchester County prohibited; exception.

Fishing in the nighttime is hereby prohibited in that portion of Four-Hole Swamp known as Bridge Lake, in Dorchester County, except during the season fixed by law for shad fishing. Anyone violating the provisions of this section shall be subject to a fine of not more than one hundred dollars or to a term of imprisonment of not more than thirty days.

SECTION 50-13-210. Daily creel limits on game fish.

It is unlawful for a person in any one day to catch more than forty game fish; however, of the total creel limit:

(1) not more than ten of the total may be striped bass (rockfish) or hybrid bass (striped bass-white bass) or a combination of them unless regulations promulgated by the department and adopted by the General Assembly by authority of Section 50-13-236 reflect otherwise;

(2) not more than ten of the total may be black bass (large mouth, small mouth, coosae) or a combination of them unless regulations promulgated by the department and adopted by the General Assembly by authority of Section 50-13-236 reflect otherwise;

(3) not more than ten of the total may be trout; provided, not more than five trout may be taken in any one day from that portion of the lower Saluda River between the Lake Murray Dam and the confluence of the Broad River;

(4) not more than eight of the total may be walleye or sauger or a combination of them;

(5) not more than thirty of the total may be any game fish not specified.

SECTION 50-13-220. Repealed by 2008 Act No. 237, Section 5, eff May 21, 2008.

SECTION 50-13-221. Striped bass in Lower Santee and Cooper Rivers.

(A) In the Lower Santee River and Cooper River systems from June first to September thirtieth, it is unlawful to possess any striped bass. Any striped bass taken must be returned immediately to the waters from whence it came.

(B) In the Lower Santee River and Cooper River systems from October first through May thirty-first, it is unlawful to take or possess more than three striped bass per day.

(C) In the Lower Santee River and Cooper River systems from October first through May thirty-first, it is unlawful to take or possess a striped bass less than twenty-six inches in total length.

(D) Striped bass must be landed with head and tail fin intact.

(E) The Department of Natural Resources shall make recommendations, after study, on any needed modification to the restrictions in this section before January 1, 2015.

SECTIONS 50-13-230, 50-13-235. Repealed by 2008 Act No. 237, Section 5, eff May 21, 2008.

SECTIONS 50-13-230, 50-13-235. Repealed by 2008 Act No. 237, Section 5, eff May 21, 2008.

SECTION 50-13-236. Creel and size limits on striped bass and black bass from Lake Murray.

(A) The department may establish the daily creel limits and size limits on Lake Murray and on all waters of the Saluda River lying between the Lake Greenwood Dam (Buzzard's Roost Dam) and Lake Murray for striped bass (rockfish) and black bass by regulations promulgated and adopted in accordance with Article 1, Chapter 23 of Title 1. No creel or size limits may be set by emergency regulations. A person taking striped bass or black bass exceeding the limits set by the department is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-13-285.

(B) Notwithstanding the provisions of subsection (A), during July and August it is lawful to take and retain from Lake Murray not more than two striped bass (rockfish) per day that are less than the legal size limit.

SECTION 50-13-237. Possession of striped bass in portion of Savannah River.

It is unlawful to possess more than two striped bass, striped bass hybrids, white bass, or any combination of these species in the Savannah River and its tributaries and distributaries and the lands immediately adjacent to them from the J. Strom Thurmond Lake dam downstream to the mouth of the Savannah River defined by a line from Jones Island, S.C. (also known as Oysterbed Island) point at N. 32? 02" W. 80? 53"; across Cockspur Island, Georgia, point at N. 32? 01" W. 80? 52" to Lazaretto Creek, Georgia, point at 32? 01" W. 80? 52". Any lawfully possessed fish of each of these species must be a minimum of twenty-seven inches in total length.

SECTION 50-13-240. Effect on daily creel limits of reciprocal agreements with other states.

Whenever the limits provided in Section 50-13-210 is in conflict with a reciprocal agreement with another state, such limits shall not apply.

SECTION 50-13-250. Daily creel limit on trout.

Not more than ten trout may be taken from the freshwater streams of the State in any one day except for that portion of Matthews Creek and Middle Saluda River which lies in Greenville County, Eastatoe River in Pickens County, Whitewater River in Oconee County, and Lake Jocassee in Oconee and Pickens Counties. The department may promulgate regulations to establish creel and possession limits, bait limitations, and for any other purposes to protect the trout fishery. As used in this section the word "trout" means rainbow, brook, brown, or other species of cold-water trout and does not mean freshwater bass.

SECTION 50-13-260. Creels may be searched.

It shall be lawful for any enforcement officer to search any creel.

SECTION 50-13-270. Creel limits not applicable to private ponds.

When fishing in private ponds entirely segregated from other waters, creel limits shall not apply, if permission shall have been given by the owner of such pond to exceed statutory limits.

SECTION 50-13-280. Limit on possession of game fish; exceptions.

It is unlawful for any person to have in his immediate possession or control more than the number of game fish authorized to be caught by one person in any one day; provided, that the provisions of this section do not apply to a person traveling in a vehicle with not more than the number of game fish authorized to be caught by one person in any two days nor to a person who has fish stored in a freezer in a residence which is not used as or connected with a store, service station, eating establishment, or any such similar commercial establishment. This section does not apply to aquaculture produced fish as permitted in this title.

SECTION 50-13-285. Penalties for exceeding limits.

Unless otherwise provided, a person violating the provisions of this article, upon conviction for a first offense, must be fined not less than thirty dollars nor more than two hundred dollars or imprisoned for not more than thirty days and for a subsequent offense of any of the sections be fined not less than three hundred dollars nor more than five hundred dollars or imprisoned for not more than sixty days, or both.

SECTION 50-13-350. Unlawful to fish or trespass in private artificial ponds used to breed fish or oysters.

A person who makes or creates an artificial pond on his land for the purpose of breeding and cultivating fish or oysters, shall place a written or printed notice of the breeding or cultivating fish or oysters in public places near the pond. It is unlawful for a person to enter in or about the pond to fish, catch, or take away any fish or oysters, or destroy or injure the fish or oysters or break the dam for the purpose of permitting the fish or oysters to escape.

A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than three years.

A fine, if imposed, shall go one-half to the informer and the other half to the person whose property has been injured. Nothing in this section applies to ponds used as water power for manufacturing purposes.

SECTION 50-13-370. Fishing restrictions not applicable to United States Commissioner of Fish and Wildlife and agents.

Nothing contained in the laws of this State for the protection of fish or which provide for a closed time in the creeks, streams and inland waters shall be construed to restrict or interfere in any manner with the United States Commissioner of Fish and Wildlife or his agents when fishing for fish of any kind in connection with the operations of any fish hatcheries, but the United States Commissioner of Fish and Wildlife and his duly authorized agents are accorded full and free right to conduct fish cultural operations and scientific investigations in the waters of this State and all fishing and other operations necessary therefor, in such manner and at such times as are considered necessary and proper by such Commissioner or his agents.

SECTION 50-13-385. Minimum size for large mouth bass in Lake Marion, Lake Moultrie, and Lake Wylie; penalties.

It is unlawful to take or possess largemouth bass less than twelve inches in length in Lake Marion, Lake Moultrie, and Lake Wylie. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined an amount not to exceed one hundred dollars or imprisoned for a term not to exceed thirty days.

SECTION 50-13-390. Daily limit on Arkansas blue catfish.

Notwithstanding any other provision of law, no more than one Arkansas blue catfish over thirty-six inches may be taken from the waters of Lakes Marion and Moultrie by any one person in one day. The provisions of this section apply to commercial, as well as, recreational fishermen.

SECTION 50-13-400. Lake Murray crappie creel and size limits.

(A) In Lake Murray it is unlawful to take or possess more than twenty crappie (Pomoxis spp.) per day.

(B) In Lake Murray it is unlawful to take or possess crappie (Pomoxis spp. ) less than eight inches in total length.

ARTICLE 3.

USE OF NETS, SEINES, TRAPS, AND LIKE DEVICES

SECTION 50-13-580. Game fish caught with nets or similar devices must be returned to water.

Should any game fish be taken by net or other nongame fishing device while fishing for fish other than game fish, they must be immediately returned to the water from whence they came. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days. Any equipment and devices used in committing the violation must be seized and disposed of as provided in Section 50-13-1196.

SECTION 50-13-610. Lawful taking of fish in Game Zone No. 1.

Fish in Game Zone No. 1 shall be caught only with rod and reel, rod and line or pole and line, with single bait or lure in the hands of the operator, or by throwing when not more than one lure and line is used by the person throwing. But when a pole and line is used, the fisherman may use not exceeding three poles provided they all be used in his view, and he is not required to have them in his hands all of the time, and it shall not be unlawful for a person fishing with pole and line to have in his possession and use at intervals a rod and reel or rod and line.

SECTION 50-13-620. Penalties applicable to violations in Game Zone No. 1.

Any violation of any of the provisions of Sections 50-13-600 or 50-13-610 shall be punishable by a fine of not more than one hundred dollars nor less than ten dollars or by imprisonment for not more than thirty days.

SECTION 50-13-650. Use of nets and seines in Savannah River.

It is unlawful to use nets and seines in the Savannah River from the New Savannah Bluff Lock and Dam to a point where Spirit Creek empties into the Savannah River.

SECTION 50-13-680. Permit required for taking of fish in Red Bluff Pond in Marlboro County; use of nets to net nongame fish.

It is unlawful to take fish by any method in Red Bluff Pond in Marlboro County without a permit issued by Marlboro County American Legion Post Sixty, which owns the pond. Fishing in the pond is subject to the same laws governing fishing in Lake Paul A. Wallace in Marlboro County except that minnows may be used for bait in Red Bluff Pond. It is lawful to net nongame fish in Red Bluff Pond in Marlboro County during the months of December, January, and February, from sunrise on Wednesday until sunset on Saturday, after registering with the caretaker of the pond. Each net used must be clearly marked and no person netting fish may have any other fishing equipment in his boat.

SECTION 50-13-690. Use of nets or other devices to take nongame fish from private ponds in Chesterfield County.

The owner of any private pond or lake, or any person with the written permission of the owner, may, from November fifteenth to February fifteenth of each year, take nongame fish by means of net, seine, trap or other device within the perimeter of the private pond or lake in Chesterfield County without regard to whether or not the pond or lake is fed by a public stream.

SECTION 50-13-730. Use of nets to take nongame fish in fresh waters.

Notwithstanding any other provision of law, the department is authorized to promulgate regulations establishing the open season for the taking of nongame fish with nets in the fresh waters of this State. Any regulations promulgated shall specify those waters in which nongame fish may be taken with nets, which species may be taken, the open season for such taking, any special schedules, and any necessary restrictions including specifications as to what types and mesh size nets shall be permissible.

The provisions of this section shall not affect shad, herring, or sturgeon.

ARTICLE 5.

SPECIAL PROVISIONS FOR GAME ZONE NO. 7 AND GEORGETOWN COUNTY [REPEALED]

SECTIONS 50-13-980 to 50-13-1020. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.

SECTIONS 50-13-980 to 50-13-1020. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.

SECTIONS 50-13-980 to 50-13-1020. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.

ARTICLE 6.

PROTECTION OF NONGAME FISH

SECTION 50-13-1110. Application of article.

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 50-17-30.

The provisions of this article shall not apply to shad or herring where otherwise provided by law.

SECTION 50-13-1115. Nongame fishing devices which may be used for taking nongame fish in freshwaters.

(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

(15) seines

(16) pump 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.

Nothing in this article shall be construed to prohibit the taking of nongame fish with lawful game fishing devices designed to take game fish.

SECTION 50-13-1116. Certain nongame fishing devices to be marked with certain information; composition and color of devices.

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.

SECTION 50-13-1120. Definitions.

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 (1) 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 line) which are fastened at regular intervals to the lead line.

(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.

(q) "Pump net" is a net suspended from a pole placed in a forked stick or device which may be lowered or raised manually in a seesaw type action.

SECTION 50-13-1125. Prohibition against fishing devices being used, placed, set, or fished constituting hazard to boating.

No fishing device authorized by this article shall be used, placed, set or fished so as to constitute a hazard to boating.

SECTION 50-13-1126. Unlawful to anchor seine and leave unattended.

It shall be unlawful to anchor a seine and leave it unattended.

SECTION 50-13-1130. Commercial freshwater fishing license for taking freshwater fish from public waters for commercial purposes; required documentation; penalties.

(A) A person taking freshwater nongame fish except shad, herring, and sturgeon by any method from the public waters for commercial purposes must obtain and have in possession a valid commercial freshwater fishing license. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than three hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. In addition, the fishing privileges of such person must be suspended for a period of two years.

(B) A person selling, offering for sale, or possessing for sale freshwater nongame fish must be in possession of dated invoices, bills of sale, or other documentation showing the origin and from where the fish were procured. A person convicted of a violation of this subsection must be fined not less than twenty-five dollars, nor more than five hundred dollars, or imprisoned for not more than thirty days.

SECTION 50-13-1135. Nongame fishing devices for which recreational freshwater or commercial freshwater fishing license required.

(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 recreational freshwater 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) 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 recreational 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. A jug permit is not required for residents assisting jug permit holders.

(B) A person who fishes for nongame fish in the freshwaters of this State by the use of the following nongame fishing devices must obtain and 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) trotlines with a combined total of one hundred fifty-one hooks or more;

(5) three or more eel pots.

SECTION 50-13-1145. Maximum number of certain devices allowable for freshwater fishing by one person.

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.

SECTION 50-13-1150. Application and fees for resident and nonresident commercial fishing licenses.

(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.

SECTION 50-13-1155. Tags and permits for certain nongame fishing devices and gear; fees.

(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.

SECTION 50-13-1160. Fishing licenses; period for which issued and prohibitions regarding.

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. Traps and eel pots; construction and placement.

(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 may be suspended above the bottom of the body of water in which they are used at a depth which does not create a hazard to watercraft passing over them.

(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. Nongame gill nets; size and placement; season.

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.

Nongame fish, including Atlantic sturgeon of legal size and caught during open season as established under Section 50-17-830, in licensed shad nets lawfully fished during the open season for taking shad may be kept by the fisherman. Any Atlantic sturgeon caught during the closed season for Atlantic sturgeon must be returned immediately to the waters from whence it was taken.

SECTION 50-13-1175. Hoop nets; size, construction, and placement.

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 and shall not be 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. Trotlines; prohibitions regarding.

(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.

SECTION 50-13-1185. Set hooks to be attached only during certain hours.

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. Jug fishing devices; allowable capacity and prohibitions regarding.

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 clearly 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. Bait which may be used with trotlines, set hooks, and jugs; violations; penalties.

(A) Except as provided in subsections (B) and (C), no game fish, live bait, or other bait other than bait listed below may be used with trotlines, set hooks, and jugs:

(1) soap;

(2) dough balls;

(3) cut fish which must be nongame fish cut into at least three equal parts;

(4) shrimp;

(5) meat scraps which may not include insects, worms, or other invertebrates;

(6) grapes.

(B) Notwithstanding any other provisions of law, on the Edisto, Black, Sampit, Big Pee Dee, Little Pee Dee, Lumber, and Waccamaw Rivers, live nongame fish and bream may be used with single-barbed set hooks that have a shank-to-point gap of one and three-sixteenths inches or greater. However, it is unlawful for any person to have in his possession more than thirty bream while fishing with nongame tackle on these rivers.

(C) Live nongame fish and bream may be used on trotlines having not more than twenty hooks that have a shank-to-point gap of one and three-sixteenths inches or greater on the Black, Big Pee Dee, Little Pee Dee, Lumber, and Waccamaw Rivers. However, it is unlawful for any person to have in his possession more than thirty bream while fishing with nongame tackle on these rivers.

(D) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

SECTION 50-13-1188. Minnow seines prohibited during certain hours.

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. Possession of game fish or game fish tackle while fishing for nongame fish prohibited.

It is 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. The provisions of this section do not apply to a person whose nongame tackle consists of bows and arrows or cast nets.

SECTION 50-13-1190. Yoyos prohibited.

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. Unlawful to use or to take fish from nongame fishing device or gear owned by another.

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. Type and number of nongame fishing devices which may be used in certain bodies of freshwater.

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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line maximum for each license holder;

(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 Interstate 77 bridge in Columbia:

(a) traps: fifty maximum with commercial license;

(b) trotlines: two thousand 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: two thousand 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-lines maximum for each license holder;

(29) Lake J. Strom Thurmond and Stevens Creek:

(a) traps: five maximum for each license holder;

(b) trotlines: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line maximum for each license holder;

(32) Lake Jocassee: nongame devices prohibited;

(33) Lake Keowee:

(a) traps: five maximum for each license holder;

(b) trotlines: one hundred fifty hooks maximum and three-line 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: two 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: one hundred fifty hooks maximum and three-line maximum for each license holder;

(36) Lake Richard B. Russell:

(a) traps: five maximum for each license holder;

(b) trotlines: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line maximum for each license holder;

(b) gill nets: nongame nets in season;

(c) set hooks: fifty maximum for each license holder;

(47) Lynches River:

(a) trotlines: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line maximum for each license holder;

(51) Pacolet River:

(a) traps: two for each license holder;

(b) trotlines: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: two thousand 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: two thousand 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.

(71) Congaree River, includes the waters from the Interstate 77 bridge in Columbia to the confluence of the Congaree and Wateree Rivers:

(a) set hooks: fifty maximum for each license holder;

(b) trotline: two thousand hooks maximum with commercial license;

(c) traps: ten maximum with commercial license;

(d) hoop nets: ten maximum with commercial license;

(e) Notwithstanding other provisions of this title, for the Congaree River from I-77 bridge in Columbia to the confluence of the Wateree and Congaree Rivers where the number of hoop nets used is restricted to ten, these devices 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 of 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.

SECTION 50-13-1193. Inspection of vehicles, boats, processing houses, and wholesale businesses connected with nongame commercial fishing; reports of sales volume.

All enforcement officers and any other employee of the department designated by the board 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 ensure compliance. Upon request of the department the buyers (fish houses) of nongame fish shall report quarterly the volume of sales.

SECTION 50-13-1194. Promulgation of regulations.

The department 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. Penalties for violation of article or regulation; forfeiture of tags and permits.

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.

SECTION 50-13-1196. Confiscation and sale of fish, fishing devices, boats, motors, and fishing gear used in violation of article; disposition of proceeds; suspension of licenses.

(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 provided by law 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 Fish and Wildlife 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 as provided by law. 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 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 as provided by law. The money received from such sale shall be forwarded to the Department and placed to the account of the Fish and Wildlife 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. Penalties for stealing or tampering with nongame fishing device.

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, is 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.

SECTION 50-13-1198. Limitations on herring fishing at St. Stevens Powerhouse.

Herring fishing is prohibited within one hundred feet of the fish lift exi

State Codes and Statutes

Statutes > South-carolina > Title-50 > Chapter-13

Title 50 - Fish, Game and Watercraft

CHAPTER 13.

PROTECTION OF FISH

ARTICLE 1.

RESTRICTIONS ON FISHING GENERALLY

SECTION 50-13-5. Definitions.

For the purposes of this chapter:

(1) "Day" means the period from official sunrise of one day, to official sunrise of the next day.

(2) "Landed" means to take and bring a fish ashore.

(3) "Striped bass" or "rockfish" is the species Morone saxatilis.

(4) The "Lower Santee River system" includes all waters and tributaries seaward of the Lake Murray Dam, the Columbia Canal Diversion Dam, and the Lake Wateree Dam to the freshwater/saltwater dividing line on the North Santee River and the South Santee River.

(5) The "Cooper River system" includes all waters and tributaries, including the Tailrace Canal, of the Cooper River from its point of origin seaward to the freshwater/saltwater dividing line.

SECTION 50-13-10. Lawful methods of catching game fish.

The catching of game fish in all waters of the State shall be only with hook and line, fly rod, casting rod, pole and line and hand line. Not more than two of the above-mentioned devices may be used by any one individual while fishing.

SECTION 50-13-11. Use of unlimited number of fishing devices.

Notwithstanding the provisions of Section 50-13-10, any person fishing in a boat may use an unlimited number of lawful fishing devices so long as every other occupant of the boat who, if fishing would be required by law to have a fishing license, has in his possession a valid fishing license.

SECTION 50-13-12. Taking fish by snagging.

It is unlawful to take fish by snagging, pulling, or jerking a device equipped with one or more hooks through the water for the purpose of impaling fish within one thousand feet downstream of a hydroelectric dam. Nothing in this section prohibits the use of lures or baited hooks for the purpose of catching fish.

SECTION 50-13-20. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.

SECTION 50-13-25. Catch and size limits for bass and other fish in Slade Lake; fishing season; equipment and other restrictions; penalties.

(A) Notwithstanding any other provision of law, it is unlawful to catch and carry away from Slade Lake in Edgefield County any bass not meeting the minimum size limitation of twelve inches in length. The lawful catch limit for bass in Slade Lake is two per day, and the lawful catch limit for all other fish is fifteen per day.

(B) There is hereby established an open season for fishing on Slade Lake, beginning on the first day of April and terminating on the first day of November. During the open season, fishing is only allowed on Wednesdays, Saturdays, and Sundays, opening one-half hour before sunrise and closing one-half hour after sundown. A valid fishing license is required for a person sixteen years of age or older.

(C) It is unlawful to take any fish of any kind from Slade Lake except by hook and line, which includes poles, rod and reel, and natural or artificial bait, excluding minnows, and no person may use more than two poles at the same time. Nongame fishing devices may not be used including, but not limited to, traps, trotlines, or jugs.

(D) It is unlawful on Slade Lake or the recreational area of Slade Lake to:

(1) use watercraft of any kind on Slade Lake unless the watercraft is operated using oars or an electric trolling motor;

(2) have rifles, shotguns, or other firearms in one's possession;

(3) litter, as defined in Section 44-96-40;

(4) have a glass container in one's possession;

(5) have beer, wine, or other alcoholic beverages in one's possession;

(6) operate a motor vehicle off designated roadways or park a vehicle outside of designated parking areas.

(E) A person violating a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than ten dollars or more than one hundred dollars or imprisoned not less than ten days or more than thirty days, or both.

SECTION 50-13-60. Department to declare closed season in streams on recommendation of county legislative delegations.

The department shall declare a closed season for a period of not more than sixty days at any one time on fish in any stream in this State on the written recommendation of the Senator and at least one half of the representatives from any county in which such stream may be situated. Any person who shall take fish from any such stream in this State during any such closed season shall, upon conviction, be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for not less than thirty days.

SECTION 50-13-65. Closed season authorized on streams in Game Zone No. 1.

Notwithstanding the provisions of Section 50-13-60, in Game Zone 1 only, a stream may be closed for a period of one hundred fifty days under the same procedure as provided in Section 50-13-60 and any person convicted of unlawfully fishing during such closed season shall be fined as provided in Section 50-13-60.

SECTION 50-13-70. Notice of season closed on recommendation of county legislative delegation.

The department shall give notice of the closed season so declared by publication in at least two daily newspapers, including a newspaper in the county or counties in which the closed season is declared, if such counties have newspapers therein, stating the length of the period of such closed season.

SECTION 50-13-80. Conduct which is prima facie evidence of violating season closed on recommendation of county legislative delegation.

Any person found fishing with hook and line or in any other manner whatsoever within the restricted territory during a closed season so declared shall be prima facie guilty of violating the provisions of Section 50-13-60, regardless of whether he shall have caught any fish or not.

SECTION 50-13-90. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.

SECTION 50-13-100. Unlawful to possess trout during season closed on recommendation of county legislative delegation.

It shall be unlawful for any person during a closed season declared pursuant to Section 50-13-60 to have in his possession any trout taken from the fresh waters of this State. Any person found in possession of fresh-water trout during a closed season shall be presumed to have taken such trout from the fresh-water streams of this State.

SECTION 50-13-110. Lawful fishing for trout in Game Zone No. 1.

It shall be lawful for any person to fish for and catch trout in Game Zone No. 1 at any time except during the closed season therefor.

SECTION 50-13-200. Night fishing in Bridge Lake in Dorchester County prohibited; exception.

Fishing in the nighttime is hereby prohibited in that portion of Four-Hole Swamp known as Bridge Lake, in Dorchester County, except during the season fixed by law for shad fishing. Anyone violating the provisions of this section shall be subject to a fine of not more than one hundred dollars or to a term of imprisonment of not more than thirty days.

SECTION 50-13-210. Daily creel limits on game fish.

It is unlawful for a person in any one day to catch more than forty game fish; however, of the total creel limit:

(1) not more than ten of the total may be striped bass (rockfish) or hybrid bass (striped bass-white bass) or a combination of them unless regulations promulgated by the department and adopted by the General Assembly by authority of Section 50-13-236 reflect otherwise;

(2) not more than ten of the total may be black bass (large mouth, small mouth, coosae) or a combination of them unless regulations promulgated by the department and adopted by the General Assembly by authority of Section 50-13-236 reflect otherwise;

(3) not more than ten of the total may be trout; provided, not more than five trout may be taken in any one day from that portion of the lower Saluda River between the Lake Murray Dam and the confluence of the Broad River;

(4) not more than eight of the total may be walleye or sauger or a combination of them;

(5) not more than thirty of the total may be any game fish not specified.

SECTION 50-13-220. Repealed by 2008 Act No. 237, Section 5, eff May 21, 2008.

SECTION 50-13-221. Striped bass in Lower Santee and Cooper Rivers.

(A) In the Lower Santee River and Cooper River systems from June first to September thirtieth, it is unlawful to possess any striped bass. Any striped bass taken must be returned immediately to the waters from whence it came.

(B) In the Lower Santee River and Cooper River systems from October first through May thirty-first, it is unlawful to take or possess more than three striped bass per day.

(C) In the Lower Santee River and Cooper River systems from October first through May thirty-first, it is unlawful to take or possess a striped bass less than twenty-six inches in total length.

(D) Striped bass must be landed with head and tail fin intact.

(E) The Department of Natural Resources shall make recommendations, after study, on any needed modification to the restrictions in this section before January 1, 2015.

SECTIONS 50-13-230, 50-13-235. Repealed by 2008 Act No. 237, Section 5, eff May 21, 2008.

SECTIONS 50-13-230, 50-13-235. Repealed by 2008 Act No. 237, Section 5, eff May 21, 2008.

SECTION 50-13-236. Creel and size limits on striped bass and black bass from Lake Murray.

(A) The department may establish the daily creel limits and size limits on Lake Murray and on all waters of the Saluda River lying between the Lake Greenwood Dam (Buzzard's Roost Dam) and Lake Murray for striped bass (rockfish) and black bass by regulations promulgated and adopted in accordance with Article 1, Chapter 23 of Title 1. No creel or size limits may be set by emergency regulations. A person taking striped bass or black bass exceeding the limits set by the department is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-13-285.

(B) Notwithstanding the provisions of subsection (A), during July and August it is lawful to take and retain from Lake Murray not more than two striped bass (rockfish) per day that are less than the legal size limit.

SECTION 50-13-237. Possession of striped bass in portion of Savannah River.

It is unlawful to possess more than two striped bass, striped bass hybrids, white bass, or any combination of these species in the Savannah River and its tributaries and distributaries and the lands immediately adjacent to them from the J. Strom Thurmond Lake dam downstream to the mouth of the Savannah River defined by a line from Jones Island, S.C. (also known as Oysterbed Island) point at N. 32? 02" W. 80? 53"; across Cockspur Island, Georgia, point at N. 32? 01" W. 80? 52" to Lazaretto Creek, Georgia, point at 32? 01" W. 80? 52". Any lawfully possessed fish of each of these species must be a minimum of twenty-seven inches in total length.

SECTION 50-13-240. Effect on daily creel limits of reciprocal agreements with other states.

Whenever the limits provided in Section 50-13-210 is in conflict with a reciprocal agreement with another state, such limits shall not apply.

SECTION 50-13-250. Daily creel limit on trout.

Not more than ten trout may be taken from the freshwater streams of the State in any one day except for that portion of Matthews Creek and Middle Saluda River which lies in Greenville County, Eastatoe River in Pickens County, Whitewater River in Oconee County, and Lake Jocassee in Oconee and Pickens Counties. The department may promulgate regulations to establish creel and possession limits, bait limitations, and for any other purposes to protect the trout fishery. As used in this section the word "trout" means rainbow, brook, brown, or other species of cold-water trout and does not mean freshwater bass.

SECTION 50-13-260. Creels may be searched.

It shall be lawful for any enforcement officer to search any creel.

SECTION 50-13-270. Creel limits not applicable to private ponds.

When fishing in private ponds entirely segregated from other waters, creel limits shall not apply, if permission shall have been given by the owner of such pond to exceed statutory limits.

SECTION 50-13-280. Limit on possession of game fish; exceptions.

It is unlawful for any person to have in his immediate possession or control more than the number of game fish authorized to be caught by one person in any one day; provided, that the provisions of this section do not apply to a person traveling in a vehicle with not more than the number of game fish authorized to be caught by one person in any two days nor to a person who has fish stored in a freezer in a residence which is not used as or connected with a store, service station, eating establishment, or any such similar commercial establishment. This section does not apply to aquaculture produced fish as permitted in this title.

SECTION 50-13-285. Penalties for exceeding limits.

Unless otherwise provided, a person violating the provisions of this article, upon conviction for a first offense, must be fined not less than thirty dollars nor more than two hundred dollars or imprisoned for not more than thirty days and for a subsequent offense of any of the sections be fined not less than three hundred dollars nor more than five hundred dollars or imprisoned for not more than sixty days, or both.

SECTION 50-13-350. Unlawful to fish or trespass in private artificial ponds used to breed fish or oysters.

A person who makes or creates an artificial pond on his land for the purpose of breeding and cultivating fish or oysters, shall place a written or printed notice of the breeding or cultivating fish or oysters in public places near the pond. It is unlawful for a person to enter in or about the pond to fish, catch, or take away any fish or oysters, or destroy or injure the fish or oysters or break the dam for the purpose of permitting the fish or oysters to escape.

A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than three years.

A fine, if imposed, shall go one-half to the informer and the other half to the person whose property has been injured. Nothing in this section applies to ponds used as water power for manufacturing purposes.

SECTION 50-13-370. Fishing restrictions not applicable to United States Commissioner of Fish and Wildlife and agents.

Nothing contained in the laws of this State for the protection of fish or which provide for a closed time in the creeks, streams and inland waters shall be construed to restrict or interfere in any manner with the United States Commissioner of Fish and Wildlife or his agents when fishing for fish of any kind in connection with the operations of any fish hatcheries, but the United States Commissioner of Fish and Wildlife and his duly authorized agents are accorded full and free right to conduct fish cultural operations and scientific investigations in the waters of this State and all fishing and other operations necessary therefor, in such manner and at such times as are considered necessary and proper by such Commissioner or his agents.

SECTION 50-13-385. Minimum size for large mouth bass in Lake Marion, Lake Moultrie, and Lake Wylie; penalties.

It is unlawful to take or possess largemouth bass less than twelve inches in length in Lake Marion, Lake Moultrie, and Lake Wylie. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined an amount not to exceed one hundred dollars or imprisoned for a term not to exceed thirty days.

SECTION 50-13-390. Daily limit on Arkansas blue catfish.

Notwithstanding any other provision of law, no more than one Arkansas blue catfish over thirty-six inches may be taken from the waters of Lakes Marion and Moultrie by any one person in one day. The provisions of this section apply to commercial, as well as, recreational fishermen.

SECTION 50-13-400. Lake Murray crappie creel and size limits.

(A) In Lake Murray it is unlawful to take or possess more than twenty crappie (Pomoxis spp.) per day.

(B) In Lake Murray it is unlawful to take or possess crappie (Pomoxis spp. ) less than eight inches in total length.

ARTICLE 3.

USE OF NETS, SEINES, TRAPS, AND LIKE DEVICES

SECTION 50-13-580. Game fish caught with nets or similar devices must be returned to water.

Should any game fish be taken by net or other nongame fishing device while fishing for fish other than game fish, they must be immediately returned to the water from whence they came. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days. Any equipment and devices used in committing the violation must be seized and disposed of as provided in Section 50-13-1196.

SECTION 50-13-610. Lawful taking of fish in Game Zone No. 1.

Fish in Game Zone No. 1 shall be caught only with rod and reel, rod and line or pole and line, with single bait or lure in the hands of the operator, or by throwing when not more than one lure and line is used by the person throwing. But when a pole and line is used, the fisherman may use not exceeding three poles provided they all be used in his view, and he is not required to have them in his hands all of the time, and it shall not be unlawful for a person fishing with pole and line to have in his possession and use at intervals a rod and reel or rod and line.

SECTION 50-13-620. Penalties applicable to violations in Game Zone No. 1.

Any violation of any of the provisions of Sections 50-13-600 or 50-13-610 shall be punishable by a fine of not more than one hundred dollars nor less than ten dollars or by imprisonment for not more than thirty days.

SECTION 50-13-650. Use of nets and seines in Savannah River.

It is unlawful to use nets and seines in the Savannah River from the New Savannah Bluff Lock and Dam to a point where Spirit Creek empties into the Savannah River.

SECTION 50-13-680. Permit required for taking of fish in Red Bluff Pond in Marlboro County; use of nets to net nongame fish.

It is unlawful to take fish by any method in Red Bluff Pond in Marlboro County without a permit issued by Marlboro County American Legion Post Sixty, which owns the pond. Fishing in the pond is subject to the same laws governing fishing in Lake Paul A. Wallace in Marlboro County except that minnows may be used for bait in Red Bluff Pond. It is lawful to net nongame fish in Red Bluff Pond in Marlboro County during the months of December, January, and February, from sunrise on Wednesday until sunset on Saturday, after registering with the caretaker of the pond. Each net used must be clearly marked and no person netting fish may have any other fishing equipment in his boat.

SECTION 50-13-690. Use of nets or other devices to take nongame fish from private ponds in Chesterfield County.

The owner of any private pond or lake, or any person with the written permission of the owner, may, from November fifteenth to February fifteenth of each year, take nongame fish by means of net, seine, trap or other device within the perimeter of the private pond or lake in Chesterfield County without regard to whether or not the pond or lake is fed by a public stream.

SECTION 50-13-730. Use of nets to take nongame fish in fresh waters.

Notwithstanding any other provision of law, the department is authorized to promulgate regulations establishing the open season for the taking of nongame fish with nets in the fresh waters of this State. Any regulations promulgated shall specify those waters in which nongame fish may be taken with nets, which species may be taken, the open season for such taking, any special schedules, and any necessary restrictions including specifications as to what types and mesh size nets shall be permissible.

The provisions of this section shall not affect shad, herring, or sturgeon.

ARTICLE 5.

SPECIAL PROVISIONS FOR GAME ZONE NO. 7 AND GEORGETOWN COUNTY [REPEALED]

SECTIONS 50-13-980 to 50-13-1020. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.

SECTIONS 50-13-980 to 50-13-1020. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.

SECTIONS 50-13-980 to 50-13-1020. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.

ARTICLE 6.

PROTECTION OF NONGAME FISH

SECTION 50-13-1110. Application of article.

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 50-17-30.

The provisions of this article shall not apply to shad or herring where otherwise provided by law.

SECTION 50-13-1115. Nongame fishing devices which may be used for taking nongame fish in freshwaters.

(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

(15) seines

(16) pump 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.

Nothing in this article shall be construed to prohibit the taking of nongame fish with lawful game fishing devices designed to take game fish.

SECTION 50-13-1116. Certain nongame fishing devices to be marked with certain information; composition and color of devices.

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.

SECTION 50-13-1120. Definitions.

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 (1) 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 line) which are fastened at regular intervals to the lead line.

(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.

(q) "Pump net" is a net suspended from a pole placed in a forked stick or device which may be lowered or raised manually in a seesaw type action.

SECTION 50-13-1125. Prohibition against fishing devices being used, placed, set, or fished constituting hazard to boating.

No fishing device authorized by this article shall be used, placed, set or fished so as to constitute a hazard to boating.

SECTION 50-13-1126. Unlawful to anchor seine and leave unattended.

It shall be unlawful to anchor a seine and leave it unattended.

SECTION 50-13-1130. Commercial freshwater fishing license for taking freshwater fish from public waters for commercial purposes; required documentation; penalties.

(A) A person taking freshwater nongame fish except shad, herring, and sturgeon by any method from the public waters for commercial purposes must obtain and have in possession a valid commercial freshwater fishing license. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than three hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. In addition, the fishing privileges of such person must be suspended for a period of two years.

(B) A person selling, offering for sale, or possessing for sale freshwater nongame fish must be in possession of dated invoices, bills of sale, or other documentation showing the origin and from where the fish were procured. A person convicted of a violation of this subsection must be fined not less than twenty-five dollars, nor more than five hundred dollars, or imprisoned for not more than thirty days.

SECTION 50-13-1135. Nongame fishing devices for which recreational freshwater or commercial freshwater fishing license required.

(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 recreational freshwater 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) 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 recreational 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. A jug permit is not required for residents assisting jug permit holders.

(B) A person who fishes for nongame fish in the freshwaters of this State by the use of the following nongame fishing devices must obtain and 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) trotlines with a combined total of one hundred fifty-one hooks or more;

(5) three or more eel pots.

SECTION 50-13-1145. Maximum number of certain devices allowable for freshwater fishing by one person.

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.

SECTION 50-13-1150. Application and fees for resident and nonresident commercial fishing licenses.

(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.

SECTION 50-13-1155. Tags and permits for certain nongame fishing devices and gear; fees.

(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.

SECTION 50-13-1160. Fishing licenses; period for which issued and prohibitions regarding.

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. Traps and eel pots; construction and placement.

(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 may be suspended above the bottom of the body of water in which they are used at a depth which does not create a hazard to watercraft passing over them.

(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. Nongame gill nets; size and placement; season.

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.

Nongame fish, including Atlantic sturgeon of legal size and caught during open season as established under Section 50-17-830, in licensed shad nets lawfully fished during the open season for taking shad may be kept by the fisherman. Any Atlantic sturgeon caught during the closed season for Atlantic sturgeon must be returned immediately to the waters from whence it was taken.

SECTION 50-13-1175. Hoop nets; size, construction, and placement.

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 and shall not be 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. Trotlines; prohibitions regarding.

(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.

SECTION 50-13-1185. Set hooks to be attached only during certain hours.

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. Jug fishing devices; allowable capacity and prohibitions regarding.

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 clearly 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. Bait which may be used with trotlines, set hooks, and jugs; violations; penalties.

(A) Except as provided in subsections (B) and (C), no game fish, live bait, or other bait other than bait listed below may be used with trotlines, set hooks, and jugs:

(1) soap;

(2) dough balls;

(3) cut fish which must be nongame fish cut into at least three equal parts;

(4) shrimp;

(5) meat scraps which may not include insects, worms, or other invertebrates;

(6) grapes.

(B) Notwithstanding any other provisions of law, on the Edisto, Black, Sampit, Big Pee Dee, Little Pee Dee, Lumber, and Waccamaw Rivers, live nongame fish and bream may be used with single-barbed set hooks that have a shank-to-point gap of one and three-sixteenths inches or greater. However, it is unlawful for any person to have in his possession more than thirty bream while fishing with nongame tackle on these rivers.

(C) Live nongame fish and bream may be used on trotlines having not more than twenty hooks that have a shank-to-point gap of one and three-sixteenths inches or greater on the Black, Big Pee Dee, Little Pee Dee, Lumber, and Waccamaw Rivers. However, it is unlawful for any person to have in his possession more than thirty bream while fishing with nongame tackle on these rivers.

(D) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

SECTION 50-13-1188. Minnow seines prohibited during certain hours.

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. Possession of game fish or game fish tackle while fishing for nongame fish prohibited.

It is 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. The provisions of this section do not apply to a person whose nongame tackle consists of bows and arrows or cast nets.

SECTION 50-13-1190. Yoyos prohibited.

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. Unlawful to use or to take fish from nongame fishing device or gear owned by another.

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. Type and number of nongame fishing devices which may be used in certain bodies of freshwater.

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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line maximum for each license holder;

(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 Interstate 77 bridge in Columbia:

(a) traps: fifty maximum with commercial license;

(b) trotlines: two thousand 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: two thousand 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-lines maximum for each license holder;

(29) Lake J. Strom Thurmond and Stevens Creek:

(a) traps: five maximum for each license holder;

(b) trotlines: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line maximum for each license holder;

(32) Lake Jocassee: nongame devices prohibited;

(33) Lake Keowee:

(a) traps: five maximum for each license holder;

(b) trotlines: one hundred fifty hooks maximum and three-line 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: two 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: one hundred fifty hooks maximum and three-line maximum for each license holder;

(36) Lake Richard B. Russell:

(a) traps: five maximum for each license holder;

(b) trotlines: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line maximum for each license holder;

(b) gill nets: nongame nets in season;

(c) set hooks: fifty maximum for each license holder;

(47) Lynches River:

(a) trotlines: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line maximum for each license holder;

(51) Pacolet River:

(a) traps: two for each license holder;

(b) trotlines: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: two thousand 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: two thousand 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.

(71) Congaree River, includes the waters from the Interstate 77 bridge in Columbia to the confluence of the Congaree and Wateree Rivers:

(a) set hooks: fifty maximum for each license holder;

(b) trotline: two thousand hooks maximum with commercial license;

(c) traps: ten maximum with commercial license;

(d) hoop nets: ten maximum with commercial license;

(e) Notwithstanding other provisions of this title, for the Congaree River from I-77 bridge in Columbia to the confluence of the Wateree and Congaree Rivers where the number of hoop nets used is restricted to ten, these devices 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 of 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.

SECTION 50-13-1193. Inspection of vehicles, boats, processing houses, and wholesale businesses connected with nongame commercial fishing; reports of sales volume.

All enforcement officers and any other employee of the department designated by the board 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 ensure compliance. Upon request of the department the buyers (fish houses) of nongame fish shall report quarterly the volume of sales.

SECTION 50-13-1194. Promulgation of regulations.

The department 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. Penalties for violation of article or regulation; forfeiture of tags and permits.

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.

SECTION 50-13-1196. Confiscation and sale of fish, fishing devices, boats, motors, and fishing gear used in violation of article; disposition of proceeds; suspension of licenses.

(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 provided by law 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 Fish and Wildlife 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 as provided by law. 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 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 as provided by law. The money received from such sale shall be forwarded to the Department and placed to the account of the Fish and Wildlife 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. Penalties for stealing or tampering with nongame fishing device.

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, is 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.

SECTION 50-13-1198. Limitations on herring fishing at St. Stevens Powerhouse.

Herring fishing is prohibited within one hundred feet of the fish lift exi


State Codes and Statutes

State Codes and Statutes

Statutes > South-carolina > Title-50 > Chapter-13

Title 50 - Fish, Game and Watercraft

CHAPTER 13.

PROTECTION OF FISH

ARTICLE 1.

RESTRICTIONS ON FISHING GENERALLY

SECTION 50-13-5. Definitions.

For the purposes of this chapter:

(1) "Day" means the period from official sunrise of one day, to official sunrise of the next day.

(2) "Landed" means to take and bring a fish ashore.

(3) "Striped bass" or "rockfish" is the species Morone saxatilis.

(4) The "Lower Santee River system" includes all waters and tributaries seaward of the Lake Murray Dam, the Columbia Canal Diversion Dam, and the Lake Wateree Dam to the freshwater/saltwater dividing line on the North Santee River and the South Santee River.

(5) The "Cooper River system" includes all waters and tributaries, including the Tailrace Canal, of the Cooper River from its point of origin seaward to the freshwater/saltwater dividing line.

SECTION 50-13-10. Lawful methods of catching game fish.

The catching of game fish in all waters of the State shall be only with hook and line, fly rod, casting rod, pole and line and hand line. Not more than two of the above-mentioned devices may be used by any one individual while fishing.

SECTION 50-13-11. Use of unlimited number of fishing devices.

Notwithstanding the provisions of Section 50-13-10, any person fishing in a boat may use an unlimited number of lawful fishing devices so long as every other occupant of the boat who, if fishing would be required by law to have a fishing license, has in his possession a valid fishing license.

SECTION 50-13-12. Taking fish by snagging.

It is unlawful to take fish by snagging, pulling, or jerking a device equipped with one or more hooks through the water for the purpose of impaling fish within one thousand feet downstream of a hydroelectric dam. Nothing in this section prohibits the use of lures or baited hooks for the purpose of catching fish.

SECTION 50-13-20. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.

SECTION 50-13-25. Catch and size limits for bass and other fish in Slade Lake; fishing season; equipment and other restrictions; penalties.

(A) Notwithstanding any other provision of law, it is unlawful to catch and carry away from Slade Lake in Edgefield County any bass not meeting the minimum size limitation of twelve inches in length. The lawful catch limit for bass in Slade Lake is two per day, and the lawful catch limit for all other fish is fifteen per day.

(B) There is hereby established an open season for fishing on Slade Lake, beginning on the first day of April and terminating on the first day of November. During the open season, fishing is only allowed on Wednesdays, Saturdays, and Sundays, opening one-half hour before sunrise and closing one-half hour after sundown. A valid fishing license is required for a person sixteen years of age or older.

(C) It is unlawful to take any fish of any kind from Slade Lake except by hook and line, which includes poles, rod and reel, and natural or artificial bait, excluding minnows, and no person may use more than two poles at the same time. Nongame fishing devices may not be used including, but not limited to, traps, trotlines, or jugs.

(D) It is unlawful on Slade Lake or the recreational area of Slade Lake to:

(1) use watercraft of any kind on Slade Lake unless the watercraft is operated using oars or an electric trolling motor;

(2) have rifles, shotguns, or other firearms in one's possession;

(3) litter, as defined in Section 44-96-40;

(4) have a glass container in one's possession;

(5) have beer, wine, or other alcoholic beverages in one's possession;

(6) operate a motor vehicle off designated roadways or park a vehicle outside of designated parking areas.

(E) A person violating a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than ten dollars or more than one hundred dollars or imprisoned not less than ten days or more than thirty days, or both.

SECTION 50-13-60. Department to declare closed season in streams on recommendation of county legislative delegations.

The department shall declare a closed season for a period of not more than sixty days at any one time on fish in any stream in this State on the written recommendation of the Senator and at least one half of the representatives from any county in which such stream may be situated. Any person who shall take fish from any such stream in this State during any such closed season shall, upon conviction, be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for not less than thirty days.

SECTION 50-13-65. Closed season authorized on streams in Game Zone No. 1.

Notwithstanding the provisions of Section 50-13-60, in Game Zone 1 only, a stream may be closed for a period of one hundred fifty days under the same procedure as provided in Section 50-13-60 and any person convicted of unlawfully fishing during such closed season shall be fined as provided in Section 50-13-60.

SECTION 50-13-70. Notice of season closed on recommendation of county legislative delegation.

The department shall give notice of the closed season so declared by publication in at least two daily newspapers, including a newspaper in the county or counties in which the closed season is declared, if such counties have newspapers therein, stating the length of the period of such closed season.

SECTION 50-13-80. Conduct which is prima facie evidence of violating season closed on recommendation of county legislative delegation.

Any person found fishing with hook and line or in any other manner whatsoever within the restricted territory during a closed season so declared shall be prima facie guilty of violating the provisions of Section 50-13-60, regardless of whether he shall have caught any fish or not.

SECTION 50-13-90. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.

SECTION 50-13-100. Unlawful to possess trout during season closed on recommendation of county legislative delegation.

It shall be unlawful for any person during a closed season declared pursuant to Section 50-13-60 to have in his possession any trout taken from the fresh waters of this State. Any person found in possession of fresh-water trout during a closed season shall be presumed to have taken such trout from the fresh-water streams of this State.

SECTION 50-13-110. Lawful fishing for trout in Game Zone No. 1.

It shall be lawful for any person to fish for and catch trout in Game Zone No. 1 at any time except during the closed season therefor.

SECTION 50-13-200. Night fishing in Bridge Lake in Dorchester County prohibited; exception.

Fishing in the nighttime is hereby prohibited in that portion of Four-Hole Swamp known as Bridge Lake, in Dorchester County, except during the season fixed by law for shad fishing. Anyone violating the provisions of this section shall be subject to a fine of not more than one hundred dollars or to a term of imprisonment of not more than thirty days.

SECTION 50-13-210. Daily creel limits on game fish.

It is unlawful for a person in any one day to catch more than forty game fish; however, of the total creel limit:

(1) not more than ten of the total may be striped bass (rockfish) or hybrid bass (striped bass-white bass) or a combination of them unless regulations promulgated by the department and adopted by the General Assembly by authority of Section 50-13-236 reflect otherwise;

(2) not more than ten of the total may be black bass (large mouth, small mouth, coosae) or a combination of them unless regulations promulgated by the department and adopted by the General Assembly by authority of Section 50-13-236 reflect otherwise;

(3) not more than ten of the total may be trout; provided, not more than five trout may be taken in any one day from that portion of the lower Saluda River between the Lake Murray Dam and the confluence of the Broad River;

(4) not more than eight of the total may be walleye or sauger or a combination of them;

(5) not more than thirty of the total may be any game fish not specified.

SECTION 50-13-220. Repealed by 2008 Act No. 237, Section 5, eff May 21, 2008.

SECTION 50-13-221. Striped bass in Lower Santee and Cooper Rivers.

(A) In the Lower Santee River and Cooper River systems from June first to September thirtieth, it is unlawful to possess any striped bass. Any striped bass taken must be returned immediately to the waters from whence it came.

(B) In the Lower Santee River and Cooper River systems from October first through May thirty-first, it is unlawful to take or possess more than three striped bass per day.

(C) In the Lower Santee River and Cooper River systems from October first through May thirty-first, it is unlawful to take or possess a striped bass less than twenty-six inches in total length.

(D) Striped bass must be landed with head and tail fin intact.

(E) The Department of Natural Resources shall make recommendations, after study, on any needed modification to the restrictions in this section before January 1, 2015.

SECTIONS 50-13-230, 50-13-235. Repealed by 2008 Act No. 237, Section 5, eff May 21, 2008.

SECTIONS 50-13-230, 50-13-235. Repealed by 2008 Act No. 237, Section 5, eff May 21, 2008.

SECTION 50-13-236. Creel and size limits on striped bass and black bass from Lake Murray.

(A) The department may establish the daily creel limits and size limits on Lake Murray and on all waters of the Saluda River lying between the Lake Greenwood Dam (Buzzard's Roost Dam) and Lake Murray for striped bass (rockfish) and black bass by regulations promulgated and adopted in accordance with Article 1, Chapter 23 of Title 1. No creel or size limits may be set by emergency regulations. A person taking striped bass or black bass exceeding the limits set by the department is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-13-285.

(B) Notwithstanding the provisions of subsection (A), during July and August it is lawful to take and retain from Lake Murray not more than two striped bass (rockfish) per day that are less than the legal size limit.

SECTION 50-13-237. Possession of striped bass in portion of Savannah River.

It is unlawful to possess more than two striped bass, striped bass hybrids, white bass, or any combination of these species in the Savannah River and its tributaries and distributaries and the lands immediately adjacent to them from the J. Strom Thurmond Lake dam downstream to the mouth of the Savannah River defined by a line from Jones Island, S.C. (also known as Oysterbed Island) point at N. 32? 02" W. 80? 53"; across Cockspur Island, Georgia, point at N. 32? 01" W. 80? 52" to Lazaretto Creek, Georgia, point at 32? 01" W. 80? 52". Any lawfully possessed fish of each of these species must be a minimum of twenty-seven inches in total length.

SECTION 50-13-240. Effect on daily creel limits of reciprocal agreements with other states.

Whenever the limits provided in Section 50-13-210 is in conflict with a reciprocal agreement with another state, such limits shall not apply.

SECTION 50-13-250. Daily creel limit on trout.

Not more than ten trout may be taken from the freshwater streams of the State in any one day except for that portion of Matthews Creek and Middle Saluda River which lies in Greenville County, Eastatoe River in Pickens County, Whitewater River in Oconee County, and Lake Jocassee in Oconee and Pickens Counties. The department may promulgate regulations to establish creel and possession limits, bait limitations, and for any other purposes to protect the trout fishery. As used in this section the word "trout" means rainbow, brook, brown, or other species of cold-water trout and does not mean freshwater bass.

SECTION 50-13-260. Creels may be searched.

It shall be lawful for any enforcement officer to search any creel.

SECTION 50-13-270. Creel limits not applicable to private ponds.

When fishing in private ponds entirely segregated from other waters, creel limits shall not apply, if permission shall have been given by the owner of such pond to exceed statutory limits.

SECTION 50-13-280. Limit on possession of game fish; exceptions.

It is unlawful for any person to have in his immediate possession or control more than the number of game fish authorized to be caught by one person in any one day; provided, that the provisions of this section do not apply to a person traveling in a vehicle with not more than the number of game fish authorized to be caught by one person in any two days nor to a person who has fish stored in a freezer in a residence which is not used as or connected with a store, service station, eating establishment, or any such similar commercial establishment. This section does not apply to aquaculture produced fish as permitted in this title.

SECTION 50-13-285. Penalties for exceeding limits.

Unless otherwise provided, a person violating the provisions of this article, upon conviction for a first offense, must be fined not less than thirty dollars nor more than two hundred dollars or imprisoned for not more than thirty days and for a subsequent offense of any of the sections be fined not less than three hundred dollars nor more than five hundred dollars or imprisoned for not more than sixty days, or both.

SECTION 50-13-350. Unlawful to fish or trespass in private artificial ponds used to breed fish or oysters.

A person who makes or creates an artificial pond on his land for the purpose of breeding and cultivating fish or oysters, shall place a written or printed notice of the breeding or cultivating fish or oysters in public places near the pond. It is unlawful for a person to enter in or about the pond to fish, catch, or take away any fish or oysters, or destroy or injure the fish or oysters or break the dam for the purpose of permitting the fish or oysters to escape.

A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than three years.

A fine, if imposed, shall go one-half to the informer and the other half to the person whose property has been injured. Nothing in this section applies to ponds used as water power for manufacturing purposes.

SECTION 50-13-370. Fishing restrictions not applicable to United States Commissioner of Fish and Wildlife and agents.

Nothing contained in the laws of this State for the protection of fish or which provide for a closed time in the creeks, streams and inland waters shall be construed to restrict or interfere in any manner with the United States Commissioner of Fish and Wildlife or his agents when fishing for fish of any kind in connection with the operations of any fish hatcheries, but the United States Commissioner of Fish and Wildlife and his duly authorized agents are accorded full and free right to conduct fish cultural operations and scientific investigations in the waters of this State and all fishing and other operations necessary therefor, in such manner and at such times as are considered necessary and proper by such Commissioner or his agents.

SECTION 50-13-385. Minimum size for large mouth bass in Lake Marion, Lake Moultrie, and Lake Wylie; penalties.

It is unlawful to take or possess largemouth bass less than twelve inches in length in Lake Marion, Lake Moultrie, and Lake Wylie. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined an amount not to exceed one hundred dollars or imprisoned for a term not to exceed thirty days.

SECTION 50-13-390. Daily limit on Arkansas blue catfish.

Notwithstanding any other provision of law, no more than one Arkansas blue catfish over thirty-six inches may be taken from the waters of Lakes Marion and Moultrie by any one person in one day. The provisions of this section apply to commercial, as well as, recreational fishermen.

SECTION 50-13-400. Lake Murray crappie creel and size limits.

(A) In Lake Murray it is unlawful to take or possess more than twenty crappie (Pomoxis spp.) per day.

(B) In Lake Murray it is unlawful to take or possess crappie (Pomoxis spp. ) less than eight inches in total length.

ARTICLE 3.

USE OF NETS, SEINES, TRAPS, AND LIKE DEVICES

SECTION 50-13-580. Game fish caught with nets or similar devices must be returned to water.

Should any game fish be taken by net or other nongame fishing device while fishing for fish other than game fish, they must be immediately returned to the water from whence they came. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days. Any equipment and devices used in committing the violation must be seized and disposed of as provided in Section 50-13-1196.

SECTION 50-13-610. Lawful taking of fish in Game Zone No. 1.

Fish in Game Zone No. 1 shall be caught only with rod and reel, rod and line or pole and line, with single bait or lure in the hands of the operator, or by throwing when not more than one lure and line is used by the person throwing. But when a pole and line is used, the fisherman may use not exceeding three poles provided they all be used in his view, and he is not required to have them in his hands all of the time, and it shall not be unlawful for a person fishing with pole and line to have in his possession and use at intervals a rod and reel or rod and line.

SECTION 50-13-620. Penalties applicable to violations in Game Zone No. 1.

Any violation of any of the provisions of Sections 50-13-600 or 50-13-610 shall be punishable by a fine of not more than one hundred dollars nor less than ten dollars or by imprisonment for not more than thirty days.

SECTION 50-13-650. Use of nets and seines in Savannah River.

It is unlawful to use nets and seines in the Savannah River from the New Savannah Bluff Lock and Dam to a point where Spirit Creek empties into the Savannah River.

SECTION 50-13-680. Permit required for taking of fish in Red Bluff Pond in Marlboro County; use of nets to net nongame fish.

It is unlawful to take fish by any method in Red Bluff Pond in Marlboro County without a permit issued by Marlboro County American Legion Post Sixty, which owns the pond. Fishing in the pond is subject to the same laws governing fishing in Lake Paul A. Wallace in Marlboro County except that minnows may be used for bait in Red Bluff Pond. It is lawful to net nongame fish in Red Bluff Pond in Marlboro County during the months of December, January, and February, from sunrise on Wednesday until sunset on Saturday, after registering with the caretaker of the pond. Each net used must be clearly marked and no person netting fish may have any other fishing equipment in his boat.

SECTION 50-13-690. Use of nets or other devices to take nongame fish from private ponds in Chesterfield County.

The owner of any private pond or lake, or any person with the written permission of the owner, may, from November fifteenth to February fifteenth of each year, take nongame fish by means of net, seine, trap or other device within the perimeter of the private pond or lake in Chesterfield County without regard to whether or not the pond or lake is fed by a public stream.

SECTION 50-13-730. Use of nets to take nongame fish in fresh waters.

Notwithstanding any other provision of law, the department is authorized to promulgate regulations establishing the open season for the taking of nongame fish with nets in the fresh waters of this State. Any regulations promulgated shall specify those waters in which nongame fish may be taken with nets, which species may be taken, the open season for such taking, any special schedules, and any necessary restrictions including specifications as to what types and mesh size nets shall be permissible.

The provisions of this section shall not affect shad, herring, or sturgeon.

ARTICLE 5.

SPECIAL PROVISIONS FOR GAME ZONE NO. 7 AND GEORGETOWN COUNTY [REPEALED]

SECTIONS 50-13-980 to 50-13-1020. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.

SECTIONS 50-13-980 to 50-13-1020. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.

SECTIONS 50-13-980 to 50-13-1020. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.

ARTICLE 6.

PROTECTION OF NONGAME FISH

SECTION 50-13-1110. Application of article.

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 50-17-30.

The provisions of this article shall not apply to shad or herring where otherwise provided by law.

SECTION 50-13-1115. Nongame fishing devices which may be used for taking nongame fish in freshwaters.

(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

(15) seines

(16) pump 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.

Nothing in this article shall be construed to prohibit the taking of nongame fish with lawful game fishing devices designed to take game fish.

SECTION 50-13-1116. Certain nongame fishing devices to be marked with certain information; composition and color of devices.

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.

SECTION 50-13-1120. Definitions.

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 (1) 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 line) which are fastened at regular intervals to the lead line.

(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.

(q) "Pump net" is a net suspended from a pole placed in a forked stick or device which may be lowered or raised manually in a seesaw type action.

SECTION 50-13-1125. Prohibition against fishing devices being used, placed, set, or fished constituting hazard to boating.

No fishing device authorized by this article shall be used, placed, set or fished so as to constitute a hazard to boating.

SECTION 50-13-1126. Unlawful to anchor seine and leave unattended.

It shall be unlawful to anchor a seine and leave it unattended.

SECTION 50-13-1130. Commercial freshwater fishing license for taking freshwater fish from public waters for commercial purposes; required documentation; penalties.

(A) A person taking freshwater nongame fish except shad, herring, and sturgeon by any method from the public waters for commercial purposes must obtain and have in possession a valid commercial freshwater fishing license. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than three hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. In addition, the fishing privileges of such person must be suspended for a period of two years.

(B) A person selling, offering for sale, or possessing for sale freshwater nongame fish must be in possession of dated invoices, bills of sale, or other documentation showing the origin and from where the fish were procured. A person convicted of a violation of this subsection must be fined not less than twenty-five dollars, nor more than five hundred dollars, or imprisoned for not more than thirty days.

SECTION 50-13-1135. Nongame fishing devices for which recreational freshwater or commercial freshwater fishing license required.

(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 recreational freshwater 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) 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 recreational 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. A jug permit is not required for residents assisting jug permit holders.

(B) A person who fishes for nongame fish in the freshwaters of this State by the use of the following nongame fishing devices must obtain and 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) trotlines with a combined total of one hundred fifty-one hooks or more;

(5) three or more eel pots.

SECTION 50-13-1145. Maximum number of certain devices allowable for freshwater fishing by one person.

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.

SECTION 50-13-1150. Application and fees for resident and nonresident commercial fishing licenses.

(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.

SECTION 50-13-1155. Tags and permits for certain nongame fishing devices and gear; fees.

(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.

SECTION 50-13-1160. Fishing licenses; period for which issued and prohibitions regarding.

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. Traps and eel pots; construction and placement.

(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 may be suspended above the bottom of the body of water in which they are used at a depth which does not create a hazard to watercraft passing over them.

(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. Nongame gill nets; size and placement; season.

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.

Nongame fish, including Atlantic sturgeon of legal size and caught during open season as established under Section 50-17-830, in licensed shad nets lawfully fished during the open season for taking shad may be kept by the fisherman. Any Atlantic sturgeon caught during the closed season for Atlantic sturgeon must be returned immediately to the waters from whence it was taken.

SECTION 50-13-1175. Hoop nets; size, construction, and placement.

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 and shall not be 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. Trotlines; prohibitions regarding.

(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.

SECTION 50-13-1185. Set hooks to be attached only during certain hours.

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. Jug fishing devices; allowable capacity and prohibitions regarding.

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 clearly 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. Bait which may be used with trotlines, set hooks, and jugs; violations; penalties.

(A) Except as provided in subsections (B) and (C), no game fish, live bait, or other bait other than bait listed below may be used with trotlines, set hooks, and jugs:

(1) soap;

(2) dough balls;

(3) cut fish which must be nongame fish cut into at least three equal parts;

(4) shrimp;

(5) meat scraps which may not include insects, worms, or other invertebrates;

(6) grapes.

(B) Notwithstanding any other provisions of law, on the Edisto, Black, Sampit, Big Pee Dee, Little Pee Dee, Lumber, and Waccamaw Rivers, live nongame fish and bream may be used with single-barbed set hooks that have a shank-to-point gap of one and three-sixteenths inches or greater. However, it is unlawful for any person to have in his possession more than thirty bream while fishing with nongame tackle on these rivers.

(C) Live nongame fish and bream may be used on trotlines having not more than twenty hooks that have a shank-to-point gap of one and three-sixteenths inches or greater on the Black, Big Pee Dee, Little Pee Dee, Lumber, and Waccamaw Rivers. However, it is unlawful for any person to have in his possession more than thirty bream while fishing with nongame tackle on these rivers.

(D) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

SECTION 50-13-1188. Minnow seines prohibited during certain hours.

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. Possession of game fish or game fish tackle while fishing for nongame fish prohibited.

It is 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. The provisions of this section do not apply to a person whose nongame tackle consists of bows and arrows or cast nets.

SECTION 50-13-1190. Yoyos prohibited.

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. Unlawful to use or to take fish from nongame fishing device or gear owned by another.

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. Type and number of nongame fishing devices which may be used in certain bodies of freshwater.

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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line maximum for each license holder;

(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 Interstate 77 bridge in Columbia:

(a) traps: fifty maximum with commercial license;

(b) trotlines: two thousand 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: two thousand 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-lines maximum for each license holder;

(29) Lake J. Strom Thurmond and Stevens Creek:

(a) traps: five maximum for each license holder;

(b) trotlines: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line maximum for each license holder;

(32) Lake Jocassee: nongame devices prohibited;

(33) Lake Keowee:

(a) traps: five maximum for each license holder;

(b) trotlines: one hundred fifty hooks maximum and three-line 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: two 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: one hundred fifty hooks maximum and three-line maximum for each license holder;

(36) Lake Richard B. Russell:

(a) traps: five maximum for each license holder;

(b) trotlines: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line maximum for each license holder;

(b) gill nets: nongame nets in season;

(c) set hooks: fifty maximum for each license holder;

(47) Lynches River:

(a) trotlines: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line maximum for each license holder;

(51) Pacolet River:

(a) traps: two for each license holder;

(b) trotlines: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: two thousand 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: one hundred fifty hooks maximum and three-line 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: two thousand 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.

(71) Congaree River, includes the waters from the Interstate 77 bridge in Columbia to the confluence of the Congaree and Wateree Rivers:

(a) set hooks: fifty maximum for each license holder;

(b) trotline: two thousand hooks maximum with commercial license;

(c) traps: ten maximum with commercial license;

(d) hoop nets: ten maximum with commercial license;

(e) Notwithstanding other provisions of this title, for the Congaree River from I-77 bridge in Columbia to the confluence of the Wateree and Congaree Rivers where the number of hoop nets used is restricted to ten, these devices 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 of 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.

SECTION 50-13-1193. Inspection of vehicles, boats, processing houses, and wholesale businesses connected with nongame commercial fishing; reports of sales volume.

All enforcement officers and any other employee of the department designated by the board 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 ensure compliance. Upon request of the department the buyers (fish houses) of nongame fish shall report quarterly the volume of sales.

SECTION 50-13-1194. Promulgation of regulations.

The department 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. Penalties for violation of article or regulation; forfeiture of tags and permits.

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.

SECTION 50-13-1196. Confiscation and sale of fish, fishing devices, boats, motors, and fishing gear used in violation of article; disposition of proceeds; suspension of licenses.

(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 provided by law 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 Fish and Wildlife 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 as provided by law. 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 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 as provided by law. The money received from such sale shall be forwarded to the Department and placed to the account of the Fish and Wildlife 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. Penalties for stealing or tampering with nongame fishing device.

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, is 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.

SECTION 50-13-1198. Limitations on herring fishing at St. Stevens Powerhouse.

Herring fishing is prohibited within one hundred feet of the fish lift exi

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