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boatpoor
Senior Member
765 Posts |
 Posted - 02/04/2012 : 11:13:02 AM
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| Just read about the new DNR laws on Striper Board . com about bait caught on lakes other than the one it is used at! Read this and give us your interpetation!I do like the new law about size limit on Murry during the hot period of summer! I wish it were worded that when you catch 5 fish you have to quit!I have seen to many fish floating,waste of the resorce!A dead fish can not grow any bigger!!! |
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Mixed Nutz
Senior Member
3482 Posts |
Posted - 02/04/2012 : 11:32:22 AM
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I agree with one of the posters there. "Who's going to identify where the Blue Backs in my bait tank came from"? Good Luck on that one!! Looks like more useless legislation to me.
...Politicians aren't the "Oldest Profession", but the results are still the same!!! |
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Curly Dog
Senior Member
406 Posts |
Posted - 02/04/2012 : 7:18:05 PM
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The bait has to be a species that is already present in the lake. Doesn't necessarily have to come from that lake.
As for the striper law it is 5 and done. It is illegal to take or attempt to take more than 5 fish. This eliminates culling. You catch your 5 fish of any size and you're finished. Nothing useless about that legislation at all. |
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dernflatlander
Senior Member
1257 Posts |
Posted - 02/05/2012 : 05:46:29 AM
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I am doing a copy and paste from scstatehouse.gov of House bills 3864 and 3865 so you can read the actual legislation for yourself instead of basing your opinions on the interpretation by someone on a message board, who didn't get it right, but did some mighty fine grandstanding. Lake Murray striper is five and done June thru September. Indigenous baits except goldfish(black salties) and wild(golden) shiners. That is to stop the use of trout as bait where trout do not exist. Please note the striper slot regs on Thurmond, Russell and Hartwell. There were many stakeholders in the development of this legislation and to deem it useless shows a lack of comprehension or a cavalier disrespect for the betterment of our freshwater fisheries. Please read the legislation in its entirety prior to stating your opinions and then, by all means, discuss.
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H*3864(Rat #0120) General Bill, By Hardwick, Quinn, Barfield, Hearn, Tallon,
Herbkersman, Hiott, Hodges, G.M. Smith, Pinson, Ballentine, D.C. Moss, Mitchell,
J.H. Neal, R.L. Brown, Whipper, Toole, Forrester, Butler Garrick, Hayes,
Chumley, J.E. Smith, Atwater, Owens, Bikas, Crosby, Hixon, Murphy, Stringer,
Clemmons, Pitts, Edge, Viers, Dillard, Ryan, Vick, J.R. Smith, Knight, Long,
Huggins, Ott and Weeks
AN ACT TO AMEND ARTICLE 1, CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO RESTRICTIONS ON FISHING GENERALLY, SO AS TO REVISE
THE PROVISIONS OF THE ARTICLE TO GOVERN CERTAIN FISHING ACTIVITIES IN THE
FRESHWATERS OF THIS STATE AND TO PROVIDE PENALTIES FOR SPECIFIC VIOLATIONS; BY
ADDING ARTICLE 2 TO CHAPTER 13, TITLE 50 SO AS TO PROVIDE FOR CERTAIN
REGULATION OF AND THE PROTECTION FOR FRESHWATER GAME FISH; BY ADDING SECTION
50-13-1995 SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY
PERMIT THE FEDERAL GOVERNMENT TO CONDUCT FISH AND SCIENTIFIC INVESTIGATIONS IN
THE WATERS OF THIS STATE IN CONNECTION WITH HATCHERY OPERATIONS OR MANAGEMENT
OF THOSE SPECIES UNDER FEDERAL JURISDICTION; AND TO REPEAL SECTIONS 50-13-610
RELATING TO LAWFUL TAKING OF FISH IN GAME ZONE NO. 1; 50-13-620 RELATING TO
PENALTIES APPLICABLE TO FISHING VIOLATIONS IN GAME ZONE NO. 1; 50-13-680
RELATING TO PERMITS REQUIRED FOR TAKING FISH IN CERTAIN PONDS IN MARLBORO
COUNTY; 50-13-690 RELATING TO THE USE OF NETS OR OTHER DEVICES TO TAKE NONGAME
FISH FROM PRIVATE PONDS IN CHESTERFIELD COUNTY; 50-13-730 RELATING TO THE USE
OF NETS TO TAKE NONGAME FISH IN THE FRESHWATERS OF THIS STATE; AND 50-13-2010
RELATING TO THE SHELLEY LAKE FISH SANCTUARY IN MARION COUNTY. - ratified title
03/08/11 House Introduced and read first time (House Journal-page 54)
03/08/11 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs
03/10/11 House Member(s) request name added as sponsor: Quinn
03/15/11 House Member(s) request name added as sponsor:
Barfield, Hearn
03/30/11 House Member(s) request name added as sponsor: Tallon
04/06/11 House Member(s) request name added as sponsor:
Herbkersman, Hiott, Hodges, G.M.Smith, Pinson,
Ballentine, D.C.Moss, Mitchell, J.H.Neal,
R.L.Brown, Whipper
04/07/11 House Member(s) request name added as sponsor: Toole,
Forrester
04/12/11 House Member(s) request name added as sponsor: Butler
Garrick, Hayes
04/13/11 House Member(s) request name added as sponsor: Chumley,
J.E.Smith, Atwater, Owens, Bikas, Crosby, Hixon,
Murphy, Stringer, Clemmons, Pitts, Edge, Viers,
Dillard, Ryan, Vick, J.R.Smith, Knight, Long,
Huggins, Ott
04/13/11 House Committee report: Favorable with amendment
Agriculture, Natural Resources and Environmental
Affairs
04/14/11 House Member(s) request name added as sponsor: Weeks
04/19/11 Scrivener's error corrected
04/26/11 House Requests for debate-Rep(s). Cobb-Hunter, Ott, JH
Neal, Saab, Mack, Loftis, Jefferson, Forrester,
McEachern, Hosey, and Gilliard
04/27/11 House Requests for debate removed-Rep(s). Forrester,
Ott, Hosey, McEachern, Cobb-Hunter, JH Neal, and Sabb
04/27/11 House Amended (House Journal-page 62)
04/27/11 House Read second time (House Journal-page 62)
04/27/11 House Roll call Yeas-110 Nays-0 (House Journal-page 62)
04/28/11 House Read third time and sent to Senate (House Journal-page 14)
05/03/11 Senate Introduced and read first time (Senate Journal-page 25)
05/03/11 Senate Referred to Committee on Fish, Game and Forestry (Senate Journal-page 25)
05/19/11 Senate Committee report: Favorable with amendment Fish,
Game and Forestry
06/01/11 Senate Committee Amendment Adopted (Senate Journal-page 62)
06/01/11 Senate Read second time (Senate Journal-page 62)
06/01/11 Senate Roll call Ayes-40 Nays-0 (Senate Journal-page 62)
01/12/12 Senate Read third time and returned to House with amendments (Senate Journal-page 11)
01/18/12 House Debate adjourned until Thur., 01-19-12 (House Journal-page 21)
01/19/12 House Debate adjourned until Tues., 01-24-12 (House Journal-page 14)
01/24/12 House Concurred in Senate amendment and enrolled (House Journal-page 27)
01/24/12 House Roll call Yeas-93 Nays-3 (House Journal-page 28)
01/26/12 Ratified R 120
02/01/12 Signed By Governor
________________________________________
VERSIONS OF THIS BILL
3/8/2011
4/13/2011
4/19/2011
4/27/2011
5/19/2011
6/1/2011
________________________________________
H. 3864
NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.
(R120, H3864)
AN ACT TO AMEND ARTICLE 1, CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON FISHING GENERALLY, SO AS TO REVISE THE PROVISIONS OF THE ARTICLE TO GOVERN CERTAIN FISHING ACTIVITIES IN THE FRESHWATERS OF THIS STATE AND TO PROVIDE PENALTIES FOR SPECIFIC VIOLATIONS; BY ADDING ARTICLE 2 TO CHAPTER 13, TITLE 50 SO AS TO PROVIDE FOR CERTAIN REGULATION OF AND THE PROTECTION FOR FRESHWATER GAME FISH; BY ADDING SECTION 50-13-1995 SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PERMIT THE FEDERAL GOVERNMENT TO CONDUCT FISH AND SCIENTIFIC INVESTIGATIONS IN THE WATERS OF THIS STATE IN CONNECTION WITH HATCHERY OPERATIONS OR MANAGEMENT OF THOSE SPECIES UNDER FEDERAL JURISDICTION; AND TO REPEAL SECTIONS 50-13-610 RELATING TO LAWFUL TAKING OF FISH IN GAME ZONE NO. 1; 50-13-620 RELATING TO PENALTIES APPLICABLE TO FISHING VIOLATIONS IN GAME ZONE NO. 1; 50-13-680 RELATING TO PERMITS REQUIRED FOR TAKING FISH IN CERTAIN PONDS IN MARLBORO COUNTY; 50-13-690 RELATING TO THE USE OF NETS OR OTHER DEVICES TO TAKE NONGAME FISH FROM PRIVATE PONDS IN CHESTERFIELD COUNTY; 50-13-730 RELATING TO THE USE OF NETS TO TAKE NONGAME FISH IN THE FRESHWATERS OF THIS STATE; AND 50-13-2010 RELATING TO THE SHELLEY LAKE FISH SANCTUARY IN MARION COUNTY.
Be it enacted by the General Assembly of the State of South Carolina:
Freshwater fishing, general restrictions
SECTION 1. Article 1, Chapter 13, Title 50 of the 1976 Code is amended to read:
"Article 1
General Restrictions on Freshwater Fishing
Section 50-13-10. The following definitions apply in this chapter as applicable:
(A) Equipment definitions:
(1) 'Archery equipment' means a bow and arrow, long bow, recurve bow, compound bow, or crossbow.
(2) 'Artificial lure' means manufactured or handmade flies, spinners, plugs, spoons, and reproductions of live animals, which are made completely of natural or colored wood, cork, feathers, hair, rubber, metal, plastic, tinsel, styrofoam, sponge, or string, or any combination of these materials, in imitation of or as substitute for natural bait. Lures or fish eggs enhanced with scents or salts are not artificial lures. Artificially produced organic baits are not artificial lures.
(3) 'Cast net' means a nonbaited circular webbing having a weighted peripheral line that is thrown by hand and retrieved by a central line connected to radiating tuck lines attached to the peripheral line.
(4) 'Crayfish trap' means a device constructed of coated wire with the opening of the throat or flues not exceeding two and one-quarter inches with a minimum mesh size of one-quarter inch bar mesh.
(5) 'Creel' means anything used to hold or keep fish while afloat or afield.
(6) 'Device' means an appliance or equipment or combination designed or used for taking or attempting to take fish.
(7) 'Eel pot' means an enclosed structure used to take eels only and which conforms to the following specifications:
(a) no larger than twenty-four inches by forty-eight inches; and
(b) must be constructed of wire so that:
(i) 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; and
(ii) a throat opening not to exceed two inches measured in any direction.
(8) 'Elver fyke net' means a net with wings not exceeding ten feet in length and fourteen feet in depth; the distance from throat to cod end does not exceed twenty feet. The maximum bar mesh for any part of the net does not exceed one-eighth inch square.
(9) 'Game fishing device' means a hook and line, pole or artificial pole, or rod and reel.
(10) 'Gig' means a device consisting of a staff with a sharp point or points designed for thrusting and used to take fish by hand; to take fish by hand by use of a spear, prong, or similar device.
(11) 'Gill net' means a net designed to hang vertically and capture fish by entanglement usually of the head, gill covers, or preopercles.
(12) 'Hoop net' means a device in which fish are taken in an enclosed structure which conforms to the following specifications: the maximum size of hoop nets must be sixteen feet in length by five and one-half feet in diameter. Hoop nets must 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 must be made of a netting material. One side of the hoop must be flat to hold the nets in place.
(13) 'Jug fishing' means fishing by use of a single hook and line attached to a floating device other than a flotation marker for trotlines, traps, or other devices.
(14) 'Minnow seine' means a seine of a size not greater than four feet in depth by twenty feet in length with a mesh size of not more than one-fourth inch square mesh.
(15) 'Minnow trap' means a cylindrical device not longer than twenty-four inches and no more than thirty inches in circumference or a rectangular device not larger than twenty-four inches long, eight inches high, and nine inches wide. The mesh must be no smaller than one-quarter inch bar mesh. The throat opening of the funnel of the trap may not exceed one inch in diameter.
(16) 'Net' means an open work fabric or fiber woven or knotted at regular intervals; to catch or ensnare.
(17) 'Pump net' means a manually operated dip-type net with webbing hung from rigid cross members that form an 'X' which are attached to a pole. The pole utilizes a fulcrum to raise and lower the net. The 'X' cross members may not exceed twenty feet. The net must be no smaller than one inch stretched mesh.
(18) 'Seine' means 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.
(19) 'Set hook' means a single hook and line set in or along any of the 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' include all similar hook and line devices by whatever name called.
(20) 'Skimbow net' means a hand operated dip net constructed of wood with wire or textile netting with a mesh size not greater than one and one-half inches square hung within a frame formed by a length of wood looped and attached to itself to form a bow. The bow may not exceed fourteen feet in any direction
(21) 'Single-hook artificial lure' means an artificial lure with a single point. A multiple number of single-hook lures (such as dropper flies) fished in a series is considered a single-hook artificial lure.
(22) 'Spear' means a device for thrusting or throwing consisting of a long staff with a sharpened point or to which a sharp head is fixed.
(23) 'Trap' means a device in which fish are taken in an enclosed structure which conforms to the following specifications and includes fish traps, baskets, and like devices:
(a) a trap must be made of:
(i) wire or textile material and be cylindrical in shape not more than six feet in length and not more than three feet in diameter or width;
(ii) the mesh size must not be smaller than one inch by one inch and there must be only one application of exterior wire to the trap; and
(iii) the muzzle must have one of the following designs:
(1) 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 must be constructed of the same material as the trap; or
(2) 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 must be oriented horizontally with the greatest vertical opening being no greater than one inch; or
(b) a trap must be made of:
(i) wood strips or slats and be cylindrical or rectangular in shape. The length may not exceed six feet and the width or diameter may not exceed two feet;
(ii) the throat opening of the catch muzzle in a resting position may not exceed three inches measured in any direction; and
(iii) the sides, top, and rear of the trap must have a minimum of one inch openings between the slats;
(c) eel pots, minnow traps, and crayfish traps are not included in this definition.
(24) 'Trotline' means a device consisting of a horizontal common line with two or more hooks suspended from it.
(25) 'Yoyo' means a device to which 'set hooks' are attached which is activated by spring-like devices.
(B) Miscellaneous definitions:
(1) 'Bait fish' means a fish allowed to be used as bait in the freshwaters including: Asian clams (Corbicula spp.), crayfish, eels, herring, shad, and fathead minnows (Pimephales promelas), golden shiners (Notemigonus crysoleucas), and goldfish, including 'black salties' (Carassius auratus).
(2) 'Commercial purpose' means:
(a) being engaged in selling fish; or
(b) taking or attempting to take fish in order to derive income or other consideration; or
(c) fishing more devices than allowed for recreation.
(3) 'Day' means the twenty-four hour period from one-half hour before official sunrise of one day to one-half hour before official sunrise the following day.
(4) 'Freshwaters' or 'freshwaters of this State' means all waters of this State from the saltwater/freshwater dividing line inland to the jurisdictional limits of this State and those naturally occurring freshwaters seaward of the saltwater/freshwater line, but does not include private lakes or ponds which are entirely segregated from other freshwaters.
(5) 'Fish' means finfish and shellfish, including mollusks and crustaceans.
(6) 'Fishing' means all activity and effort involved in taking or attempting to take fish.
(7) 'Hand grabbing' (noodling) means taking nongame fish by hand without the aid of hook, snare, or artificial breathing device. A stick, pole, rod, or PVC pipe must be used to dislodge the fish.
(8) 'Land' means take and retain possession while afloat or take and bring ashore.
(9) 'Limit' means the number or size of fish one person lawfully may possess in any one day while afloat or afield.
(10) 'Night' means one-half hour after official sunset of one day to one-half hour before official sunrise the following day.
(11) 'Possess' or 'possession' means to take and retain.
(12) 'Striker' means a person other than a licensed freshwater commercial fisherman, who under immediate supervision assists a licensed commercial freshwater fisherman, but does not use separate nongame fishing devices from the vessel engaged in commercial fishing. A striker is not required to have a commercial freshwater fishing license.
(13) 'Snagging' means pulling a device equipped with one or more hooks through the water in an attempt to impale fish. 'Snagging' does not include using lures or baited hooks designed to catch fish in or about the mouth.
(14) 'Take' means to catch, capture, gather, wound, kill, harvest, or remove, but does not include a catch and immediate release.
(15) 'Total length' means the length of a fish laid flat and measured from the closed mouth (snout) to the tip of the tail fin when pinched together. It is a straight line measure, not over the curvature of the body.
(16) 'Unattended' means the device operator is not in the immediate vicinity.
(C) Species definitions:
(1) 'Black bass' means largemouth (Micropterus salmoides), smallmouth (Micropterus dolomieu), redeye (Micropterus coosae), and spotted bass (Micropterus punctulatus).
(2) 'Hybrid bass' means those fish produced by crossing striped bass (Morone saxatilis) with white bass (Morone chrysops).
(3) 'Striped bass' or 'rockfish' means the species Morone saxatilis.
(4) 'Trout' means rainbow, brook, brown, or other species of cold-water trout of the family Salmonidae.
Section 50-13-20. This chapter governs the freshwaters of this State.
Section 50-13-30. Unless otherwise provided, a person convicted of a violation of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for up to thirty days, or both. The magistrates court retains jurisdiction of offenses in this chapter.
Section 50-13-40. Fishing in the freshwaters constitutes consent to inspection of creels at any time by a law enforcement officer.
Section 50-13-50. (A) The possession or use on the freshwaters of this State of any device or gear designed or used to take fish not authorized by this chapter is unlawful.
(B) Taking species not authorized by this chapter is unlawful.
(C) Taking by any method not authorized by this chapter is unlawful.
(D) It is unlawful to leave a game fishing device unattended. A game fishing device left unattended is contraband.
(E) It is unlawful to use, place, set, or fish a device so as to constitute a hazard to boating or public safety.
(F) It is unlawful to anchor a seine and leave it unattended.
Section 50-13-60. (A) It is unlawful for a person to possess more than the legal limit of fish in any one day on the freshwaters of this State.
(B) It is unlawful to possess any fish not of legal size.
(C) It is unlawful to possess any game fish without head and tail fin intact and, where a length limit is imposed on any species, it is unlawful to possess that species without head and tail fin intact.
(D) A 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 five hundred dollars or imprisoned for up to thirty days, or both. Each fish illegally possessed is a separate offense.
Section 50-13-70. Except as otherwise provided, there is no closed season for taking fish, however, when because of natural or other conditions fish are vulnerable to predation or are in distress and in the professional judgment of the department need temporary protection or in order to protect the public safety, the department may declare a closed season for taking any species until the condition has abated but the closed season may not be longer than ninety days. The department shall give notice of the closure by the most expeditious means. It is unlawful to take or possess the affected species during the closed season.
Section 50-13-80. (A) It is unlawful to take fish by snagging within one thousand feet downstream of a hydroelectric facility. Nothing in this section prohibits the use of lures or baited hooks.
(B) It is unlawful to take trout by snagging."
Freshwater game fish
SECTION 2. Chapter 13, Title 50 of the 1976 Code is amended to by adding:
"Article 2
Protection of Freshwater Game Fish
Section 50-13-200. It is unlawful to take freshwater game fish except by game fish devices. A fisherman may use only four game fishing devices. A fisherman fishing from a boat may use an unlimited number of game fishing devices if all persons in the boat older than sixteen years have valid fishing licenses.
Section 50-13-210. (A) Except as otherwise provided, the daily possession limit for game fish is an aggregate of forty of which:
(1) not more than five may be largemouth, redeye (coosae), or smallmouth bass or their hybrids or any combination;
(2) not more than fifteen may be spotted bass;
(3) not more than ten may be hybrid bass or striped bass or a combination;
(4) not more than ten may be white bass;
(5) not more than eight may be walleye or sauger or a combination;
(6) not more than five may be trout, except on Lake Jocassee not more than three trout may be taken;
(7) not more than twenty may be crappie;
(8) not more than fifteen may be redbreast; and
(9) not more than thirty may be other freshwater game fish species not listed in this section.
(B) On Lakes Hartwell, Keowee, Russell, (including the Lake Hartwell tail water), Thurmond, Tugaloo, Yonah, the Chattooga and Savannah Rivers and Stevens Creek Reservoir the daily possession limit for black bass is an aggregate of ten.
Section 50-13-220. It is unlawful to possess crappie less than eight inches in total length.
Section 50-13-230. (A) In the following freshwater bodies: the Ashepoo River; Ashley River; Back River in Jasper County and the Back River in Berkeley County; Black River; Black Mingo Creek; Bull Creek and Little Bull Creek; Combahee River; Cooper River system; Coosawhatchie River; Cuckholds Creek; Edisto River; Horseshoe Creek; Lumber River; Lynches River; Great Pee Dee and Little Pee Dee Rivers; Pocotaligo River in Beaufort, Jasper, and Hampton Counties; Salkehatchie and Little Salkehatchie Rivers; Sampit River; Santee River system except the lower reach of the Saluda River; Tulifinny River; Thoroughfare Creek; and Waccamaw River from June first to September thirtieth, it is unlawful to take, attempt to take, or to possess striped bass. Striped bass taken must be returned immediately to the waters from where it came.
(B) On the lower reach of the Saluda River from June first to September thirtieth, it is unlawful to take or possess striped bass. Striped bass taken must be returned immediately to the waters from where it came.
(C) In the following freshwater bodies: the Ashepoo River; Ashley River; Back River in Jasper County and the Back River in Berkeley County; Black River; Black Mingo Creek; Bull Creek and Little Bull Creek; Combahee River; Cooper River system; Coosawhatchie River; Cuckholds Creek; Edisto River; Horseshoe Creek; Lumber River; Lynches River; Great Pee Dee and Little Pee Dee Rivers; Pocotaligo River in Beaufort, Jasper, and Hampton Counties; Salkehatchie and Little Salkehatchie Rivers; Sampit River; Santee River system; Tulifinny River; Thoroughfare Creek; and Waccamaw River from October first through May thirty-first, it is unlawful to take or possess more than three striped bass a day.
(D) In the following freshwater bodies: the Ashepoo River; Ashley River; Back River in Jasper County and the Back River in Berkeley County; Black River; Black Mingo Creek; Bull Creek and Little Bull Creek; Combahee River; Cooper River system; Coosawhatchie River; Cuckholds Creek; Edisto River; Horseshoe Creek; Lumber River; Lynches River; Great Pee Dee and Little Pee Dee Rivers; Pocotaligo River in Beaufort, Jasper, and Hampton Counties; Salkehatchie and Little Salkehatchie Rivers; Sampit River; Santee River system; Tulifinny River; Thoroughfare Creek; and Waccamaw River 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.
(E) On Lake Murray and the middle reach of the Saluda River it is unlawful to possess more than five striped bass a day. From June first through September thirtieth, it is unlawful to take, attempt to take, or possess more than five striped bass a day. (F) On Lake Murray and the middle reach of the Saluda River from October first through May thirty-first, it is unlawful to possess a striped bass less than twenty-one inches in total length. From June first to September thirtieth there is no minimum length.
(G) On Lakes Hartwell and Thurmond it is unlawful to possess more than ten striped bass or hybrid bass or a combination of those a day and only three may be over twenty-six inches in total length.
(H) On Lake Richard B. Russell and the Lake Hartwell tail water it is unlawful to possess more than two striped bass or hybrid bass or a combination of those a day, and only one may be over thirty-four inches total length.
(I) On the lower reach of the Savannah River it is unlawful to possess more than two striped bass, hybrid bass, white bass, or a combination of these. Any of these fish taken from the lower reach of the Savannah River must be at least twenty-seven inches in total length.
(J) It is unlawful to land striped bass unless the head and tail fin are intact.
(K) The department shall establish the daily possession and size limits for striped bass on all other waters of this State, provided, limits must not be set by emergency regulation.
(L) The department shall make a study of the striped bass fishery on the Santee and Cooper River systems and make recommendations on any needed modifications of this section before January, 2015.
Section 50-13-240. (A) It is unlawful to possess largemouth bass on Lakes Blalock, Greenwood, Jocassee, Marion, Monticello, Moultrie, Murray, Secession, Wateree, Wylie, and the middle reach of the Saluda River and the upper reach of the Santee River less than fourteen inches in total length.
(B) It is unlawful to possess largemouth bass on Lakes Hartwell, Keowee, Russell (including the Lake Hartwell tail water), Robinson (Greenville County), Thurmond, Tugaloo, Yonah, Stevens Creek Reservoir, the Chattooga, and Savannah Rivers less than twelve inches in total length.
Section 50-13-250. It is unlawful to possess smallmouth bass less than twelve inches in total length.
Section 50-13-260. (A) In order to establish a 'catch and release' fishery for trout it is unlawful to possess, take, and retain trout from November first of each year through May fourteenth of the following year inclusive on the following waters:
(1) that portion of the Chattooga River beginning at S.C. State Highway 28 upstream to its confluence with Reed Creek (Rabun County, GA);
(2) that portion of Cheohee Creek that runs through the Piedmont Forestry Center;
(3) Devils Fork Creek; Howard Creek from its confluence with Corbin Creek upstream to its confluence with Limberpole Creek; and Corbin Creek upstream from its confluence with Howard Creek to S.C. State Highway S-37-130 (Whitewater Road) in Oconee County;
(4) Chauga River from S.C. State Highway S-37-290 (Cassidy Bridge Road) upstream to its confluence with Bone Camp Creek in Oconee County; and
(5) Eastatoe River from the backwaters of Lake Keowee upstream to S.C. State Highway S-39-143 (Roy Jones Road) in Pickens County.
(B) Trout taken must be released immediately.
Section 50-13-270. (A) From November first through May fourteenth inclusive, it is unlawful to use or possess any lure or bait except single hook artificial lures in the following waters;
(1) that portion of the Chattooga River beginning at S.C. State Highway 28 upstream to its confluence with Reed Creek (Rabun County, GA );
(2) that portion of Cheohee Creek that runs through the Piedmont Forestry Center;
(3) Devils Fork Creek; Howard Creek from its confluence with Corbin Creek upstream to its confluence with Limberpole Creek; and Corbin Creek upstream from its confluence with Howard Creek to S.C. State Highway S-37-130 (Whitewater Road) in Oconee County;
(4) Chauga River from S.C. State Highway S-37-290 (Cassidy Bridge Road) upstream to its confluence with Bone Camp Creek in Oconee County; and
(5) Eastatoe River from the backwaters of Lake Keowee upstream to S.C. State Highway S-39-143 (Roy Jones Road) in Pickens County.
(B) It is unlawful to use or possess any lure or bait except artificial lures in the following waters:
(1) Whitewater River;
(2) Matthews Creek from Asbury Drive Bridge at Asbury Methodist Camp upstream including all tributaries and headwaters;
(3) Middle Saluda River from the foot bridge at Jones Gap Natural Area Office upstream to U.S. Highway 176 in Greenville County; and
(4) Eastatoe River on Eastatoe Heritage Preserve in Pickens County.
(C) It is unlawful to use or possess corn, cheese, fish eggs, or imitations of them on Lake Jocassee.
Section 50-13-271. On Lake Jocassee it is unlawful to possess more than three trout. It is unlawful to possess trout less than fifteen inches in total length or possess more than one trout greater than twenty inches in total length. Provided, from June first through September thirtieth, there is no length limit but it is unlawful to take, attempt to take, or possess more than three trout.
Section 50-13-272. The department may promulgate regulations for the protection and management of the trout fishery."
Fish culture and scientific investigations
SECTION 3. Article 13, Chapter 13, Title 50 of the 1976 Code is amended by adding:
"Section 50-13-1995. The department may permit the federal government to conduct fish culture and scientific investigations in the waters of this State in connection with hatchery operations or management of those species under federal jurisdiction."
Repeal
SECTION 4. Sections 50-13-610, 50-13-620, 50-13-680, 50-13-690, 50-13-730, and 50-13-2010 of the 1976 Code are repealed.
Time effective
SECTION 5. Upon approval by the Governor, this act takes effect July 1, 2012.
Ratified the 26th day of January, 2012.
__________________________________________
President of the Senate
___________________________________________
Speaker of the House of Representatives
Approved the ____________ day of _____________________2012.
___________________________________________
Governor
----XX----
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H*3865
Session 119 (2011-2012)
H*3865(Rat #0121) General Bill, By Hardwick, Quinn, Barfield, Hearn, Tallon,
Ballentine, D.C. Moss, Mitchell, J.H. Neal, Hodges, G.M. Smith, Pinson,
Herbkersman, Hiott, R.L. Brown, Whipper, Forrester, Toole, Hayes,
Butler Garrick, Chumley, J.E. Smith, Atwater, Huggins, Clemmons, Pitts, Edge,
Dillard, Ryan, Vick, J.R. Smith, Knight, Long, Crosby, Hixon, Murphy, Stringer,
Owens, Bikas, Viers, Ott and Weeks
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
50-1-160 SO AS TO PERMIT THE DEPARTMENT TO RELEASE A SEIZED VEHICLE, BOAT,
MOTOR, OR FISHING DEVICE UNDER CERTAIN CONDITIONS; TO AMEND ARTICLE 3, CHAPTER
13, TITLE 50, RELATING TO USE OF SEINES, TRAPS, AND LIKE DEVICES, SO AS TO
REVISE AND FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH
THESE DEVICES MAY BE USED AND TO PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING
ARTICLE 5 TO CHAPTER 13, TITLE 50 SO AS TO PROVIDE FOR CERTAIN UNLAWFUL
FRESHWATER ACTIONS AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND ARTICLE
6, CHAPTER 13, TITLE 50, RELATING TO THE PROTECTION OF NONGAME FISH, SO AS TO
FURTHER PROVIDE FOR THE USE OF NONGAME FISHING DEVICES AND THE TAKING OF
NONGAME FISH IN THE FRESHWATERS OF THIS STATE, AND TO PROVIDE PENALTIES FOR
CERTAIN VIOLATIONS AND FOR SPECIFIED EXCEPTIONS TO THESE PROVISIONS; TO AMEND
ARTICLE 11, CHAPTER 13, TITLE 50, RELATING TO THE SALE AND TRAFFICKING IN
FISH, SO AS TO REVISE CERTAIN PROVISIONS IN THE ARTICLE PERTAINING TO
PROHIBITED PRACTICES IN REGARD TO THE SALE OR TRAFFICKING IN FISH AND ADD
OTHER PROVISIONS WITH PENALTIES FOR VIOLATIONS; TO AMEND ARTICLE 13, CHAPTER
13, TITLE 50, RELATING TO FISH HATCHERIES AND SANCTUARIES AND PROPAGATION, SO
AS TO REVISE AND FURTHER PROVIDE FOR ACTIONS THE DEPARTMENT MAY TAKE IN REGARD
TO FISH HATCHERIES, SANCTUARIES, AND THE PROPAGATION OF FISH AND TO PROVIDE
PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND ARTICLE 13, CHAPTER 19, TITLE 50,
RELATING TO THE HORRY COUNTY FISH AND GAME COMMISSION, SO AS TO DELETE THE
PROVISIONS OF THE ARTICLE AND INSTEAD PROVIDE FOR THE PERMITTED USE OF NONGAME
DEVICES ON THE LITTLE PEE DEE RIVER FOR A PERIOD OF THREE YEARS; AND TO REPEAL
SECTIONS 50-13-1450 RELATING TO PRIMA FACIE EVIDENCE OF USING EXPLOSIVES TO
TAKE FISH, 50-13-385 RELATING TO MINIMUM SIZE FOR LARGE MOUTH BASS IN LAKE
WYLIE, 50-13-390 RELATING TO DAILY LIMIT ON ARKANSAS BLUE CATFISH, AND
50-13-400 RELATING TO LAKE MURRAY CRAPPIE CREEL AND SIZE LIMITS. - ratified
title
03/08/11 House Introduced and read first time (House Journal-page 55)
03/08/11 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs
03/10/11 House Member(s) request name added as sponsor: Quinn
03/15/11 House Member(s) request name added as sponsor:
Barfield, Hearn
03/30/11 House Member(s) request name added as sponsor: Tallon
04/06/11 House Member(s) request name added as sponsor:
Ballentine, D.C.Moss, Mitchell, J.H.Neal,
Hodges, G.M.Smith, Pinson, Herbkersman, Hiott,
R.L.Brown, Whipper
04/07/11 House Member(s) request name added as sponsor:
Forrester, Toole
04/12/11 House Member(s) request name added as sponsor: Hayes,
Butler Garrick
04/13/11 House Member(s) request name added as sponsor: Chumley,
J.E.Smith, Atwater, Huggins, Clemmons, Pitts,
Edge, Dillard, Ryan, Vick, J.R.Smith, Knight,
Long, Crosby, Hixon, Murphy, Stringer, Owens,
Bikas, Viers, Ott
04/13/11 House Committee report: Favorable Agriculture, Natural
Resources and Environmental Affairs
04/14/11 House Member(s) request name added as sponsor: Weeks
04/26/11 House Read second time (House Journal-page 55)
04/26/11 House Roll call Yeas-104 Nays-0 (House Journal-page 55)
04/27/11 House Read third time and sent to Senate (House Journal-page 7)
04/28/11 Senate Introduced and read first time (Senate Journal-page 10)
04/28/11 Senate Referred to Committee on Fish, Game and Forestry (Senate Journal-page 10)
05/19/11 Senate Committee report: Favorable with amendment Fish,
Game and Forestry
06/01/11 Senate Committee Amendment Adopted
06/01/11 Senate Read second time
06/01/11 Senate Roll call Ayes-34 Nays-2
01/12/12 Senate Read third time and returned to House with amendments (Senate Journal-page 12)
01/18/12 House Roll call Yeas-100 Nays-0 (House Journal-page 22)
01/18/12 House Concurred in Senate amendment and enrolled (House Journal-page 22)
01/26/12 Ratified R 121
02/01/12 Signed By Governor
________________________________________
VERSIONS OF THIS BILL
3/8/2011
4/13/2011
5/19/2011
6/1/2011
________________________________________
H. 3865
NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.
(R121, H3865)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-160 SO AS TO PERMIT THE DEPARTMENT TO RELEASE A SEIZED VEHICLE, BOAT, MOTOR, OR FISHING DEVICE UNDER CERTAIN CONDITIONS; TO AMEND ARTICLE 3, CHAPTER 13, TITLE 50, RELATING TO USE OF SEINES, TRAPS, AND LIKE DEVICES, SO AS TO REVISE AND FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THESE DEVICES MAY BE USED AND TO PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING ARTICLE 5 TO CHAPTER 13, TITLE 50 SO AS TO PROVIDE FOR CERTAIN UNLAWFUL FRESHWATER ACTIONS AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND ARTICLE 6, CHAPTER 13, TITLE 50, RELATING TO THE PROTECTION OF NONGAME FISH, SO AS TO FURTHER PROVIDE FOR THE USE OF NONGAME FISHING DEVICES AND THE TAKING OF NONGAME FISH IN THE FRESHWATERS OF THIS STATE, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS AND FOR SPECIFIED EXCEPTIONS TO THESE PROVISIONS; TO AMEND ARTICLE 11, CHAPTER 13, TITLE 50, RELATING TO THE SALE AND TRAFFICKING IN FISH, SO AS TO REVISE CERTAIN PROVISIONS IN THE ARTICLE PERTAINING TO PROHIBITED PRACTICES IN REGARD TO THE SALE OR TRAFFICKING IN FISH AND ADD OTHER PROVISIONS WITH PENALTIES FOR VIOLATIONS; TO AMEND ARTICLE 13, CHAPTER 13, TITLE 50, RELATING TO FISH HATCHERIES AND SANCTUARIES AND PROPAGATION, SO AS TO REVISE AND FURTHER PROVIDE FOR ACTIONS THE DEPARTMENT MAY TAKE IN REGARD TO FISH HATCHERIES, SANCTUARIES, AND THE PROPAGATION OF FISH AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND ARTICLE 13, CHAPTER 19, TITLE 50, RELATING TO THE HORRY COUNTY FISH AND GAME COMMISSION, SO AS TO DELETE THE PROVISIONS OF THE ARTICLE AND INSTEAD PROVIDE FOR THE PERMITTED USE OF NONGAME DEVICES ON THE LITTLE PEE DEE RIVER FOR A PERIOD OF THREE YEARS; AND TO REPEAL SECTIONS 50-13-1450 RELATING TO PRIMA FACIE EVIDENCE OF USING EXPLOSIVES TO TAKE FISH, 50-13-385 RELATING TO MINIMUM SIZE FOR LARGE MOUTH BASS IN LAKE WYLIE, 50-13-390 RELATING TO DAILY LIMIT ON ARKANSAS BLUE CATFISH, AND 50-13-400 RELATING TO LAKE MURRAY CRAPPIE CREEL AND SIZE LIMITS.
Be it enacted by the General Assembly of the State of South Carolina:
Release of seized property
SECTION 1. Article 1, Chapter 1, Title 50 of the 1976 Code is amended by adding:
"Section 50-1-160. (A) Notwithstanding another provision of law, the department may release a vehicle, boat, motor, or fishing device seized from a person charged with a violation of this chapter to an innocent owner or lien holder of the property.
(B) Notwithstanding another provision of law, if an innocent owner or lienholder fails to recover property within thirty days from the date of the notice of release then the department may maintain or dispose of the property.
(C) Before seized property is released to an innocent owner or lienholder, he shall provide the department with proof of ownership or a lienholder interest in the property."
Use of and seasons for certain devices
SECTION 2. Article 3, Chapter 13, Title 50 of the 1976 Code is amended to read:
"Article 3
Use of Nets, Seines, Traps, and Like Devices
Section 50-13-310. A game fish taken by net or other nongame fishing device, must be returned immediately to the water from whence it came. A 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 used in committing the offense must be seized and disposed of as provided by law.
Section 50-13-315. (A) A trap must not be:
(1) placed within six hundred feet of a public boat launching area;
(2) set so as to leave any part of the trap exposed at low water;
(3) unattended for more than three days.
(B) The department may inspect traps for compliance with this section at anytime. If the department finds any trap in violation of this chapter or contains only dead catch or excessive dead catch, the trap is contraband and must be seized and disposed of according to law.
Section 50-13-320. (A) A trap or eel pot may be suspended above the bottom of the body of water in which they are used at a depth that does not create a hazard to watercraft.
(B) There is no restriction on the type of bait permissible in a trap or eel pot, except that game fish or any part of a game fish must not be used for bait.
(C) There is no closed season for fishing with a trap or eel pot in the freshwaters of this State in which the use of a trap or eel pot is permitted except temporary closure by the department.
(D) A trap or eel pot must not be placed within one hundred feet of the mouth of a tributary stream and a trap or eel pot must not be placed anywhere in the Diversion Canal connecting Lakes Marion and Moultrie nor placed within two hundred yards of a manmade structure in Lakes Marion and Moultrie.
(E) A crab pot or trap of like design must not be used in the freshwaters of this State unless permitted by regulation.
(F) All crayfish traps must be identified with the name and department customer identification number of the user. These traps only may be used in those bodies of water permitted under this chapter. A commercial fisherman may fish up to fifty crayfish traps. A recreational fisherman may fish up to five crayfish traps.
(G) All minnow traps must be identified with the name and department customer identification number of the user. A minnow trap may be fished with a recreational license only with a limit of five for each person and must not be fished for commercial purposes.
Section 50-13-325. (A) The season for taking nongame fish other than American shad and herring in the freshwaters of this State with a gill net is from November first to March first inclusive. A gill net may be used or possessed in the freshwaters in which their use is authorized on Wednesdays, Thursdays, Fridays, and Saturdays only. A gill net used in the freshwaters must have a mesh size not less than four and one-half inches stretch mesh. A gill net measuring more than one hundred yards in length must not be used in the freshwaters and a gill net, cable, line or other device used for support of a gill net may not extend more than halfway across any stream or body of water. A gill net may be placed in the freshwaters on a first come first served basis but a gill net must not be placed within two hundred yards of another gill net. Use or possession of a gill net at any place or time other than those prescribed in this subsection is unlawful.
(B) Nongame fish taken in shad nets lawfully fished during the open season for taking shad may be kept. A sturgeon caught must be returned immediately to the waters from where it was taken.
Section 50-13-330. A hoop net may be used or possessed in the freshwaters where its use is authorized by this chapter. A hoop net must rest on the bottom of the body of water in which it is used and must not be suspended above the bottom. A hoop net must not be used within one hundred feet of the mouth of any tributary. Use or possession of a hoop net at any place or time other than those prescribed is unlawful.
Section 50-13-335. A pump net may be fished from the bank or a shore based structure only and only for recreation. A skimbow net may be fished from a boat but only for recreation. These devices may be used only in those waters where authorized in this chapter.
Section 50-13-340. It is unlawful to use or have in possession a minnow seine in the freshwaters of this State from ten o'clock p.m. to official sunrise."
Unlawful freshwater actions
SECTION 3. Chapter 13, Title 50 of the 1976 Code is amended by adding:
"Article 5
Unlawful Freshwater Actions
Section 50-13-510. It is unlawful to take freshwater mussels (Bivalvia) without a permit from the department. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than five hundred dollars. Provided, Asian clams (Corbicula spp.) may be taken without permit.
Section 50-13-520. Except as allowed by the department, it is unlawful to take saltwater crabs in the freshwaters of this State."
Freshwater nongame fishing devices, taking of nongame fish
SECTION 4. Article 6, Chapter 13, Title 50 of the 1976 Code is amended to read:
"Article 6
Protection of Nongame Fish
Section 50-13-610. The provisions of this article apply to the use of nongame fishing devices and the taking of nongame fish in the freshwaters of this State except herring and American shad.
Section 50-13-615. The following are the only lawful nongame fishing devices and methods that may be used for taking nongame fish in the freshwaters of this State and only in those waters in which these devices and methods are authorized:
(1) archery equipment;
(2) cast net;
(3) crayfish trap;
(4) eel pot;
(5) elver fyke net;
(6) gig;
(7) gill net;
(8) hand grabbing;
(9) hoop net;
(10) jug fishing device;
(11) minnow seine;
(12) minnow trap;
(13) pump net;
(14) seine;
(15) set hook;
(16) skimbow net;
(17) spear;
(18) trap;
(19) trotline.
Section 50-13-620. (A) A trotline, trap, eel pot, gill net, and hoop net must be marked with a floating marker not less than a capacity of one quart and not more than a capacity of one gallon and must be made of solid, buoyant material that does not sink if punctured or cracked. A floating marker must be constructed of plastic, PVC spongex, plastic foam, or cork. A hollow buoy or float, including plastic, metal, or glass bottles or jugs, must not be used, except that a manufactured buoy or float specifically designed for use with nongame fishing devices may be hollow if constructed of heavy duty plastic material and approved by the department. A floating marker used the first through the fifteenth inclusive of each month must be colored white only; for the remainder of the month markers must be yellow only and, except for a trotline, there must not be any other color marker attached to the device. The owner's name and department customer identification number must be legible on each of the white or yellow floating markers. Both commercial and recreational fishermen shall comply with provisions of this title pertaining to the marking and use of a nongame fishing device. A trotline must be marked on both ends. A commercial trotline must be marked at intervals of every fifty hooks. A recreational trotline must be marked at intervals of every twenty-five hooks. An end marker must conform to the white and yellow marking scheme. Each interval float must be 'International Orange' in color.
(B) A tag issued for a nongame device must be attached to the device at all times. A permit and tag receipt must be kept on the person to whom issued while possessing or using a nongame fishing device.
(C) Each set hook must have an identification tag attached to it bearing the owner's name and department customer identification number.
(D) A device or part of it improperly marked, tagged, or identified is in violation and is contraband.
(E) A violation of this section is a misdemeanor and, upon conviction, is punishable as prescribed in this chapter.
Section 50-13-625. Nongame fish may be taken with any lawful game fishing device. A fisherman may use only four game fishing devices. A fisherman fishing from a boat may use an unlimited number of game fishing devices if all persons in the boat older than sixteen years have valid fishing licenses.
Section 50-13-630. A fishing device authorized by this article must not be used, placed, set, or fished so as to constitute a hazard to boating or public safety.
Section 50-13-635. A recreational fisherman may use the following fishing devices and methods for taking nongame fish but only in those waters in which the type and quantity are allowed:
(1) archery equipment;
(2) cast net;
(3) not more than five crayfish traps;
(4) not more than two eel pots;
(5) gig;
(6) one gill net not more than one hundred yards in length or not more than three gill nets, none of which exceeds thirty yards in length;
(7) hand grabbing;
(8) not more than one hoop net;
(9) not more than fifty jugs;
(10) minnow seine;
(11) not more than five minnow traps;
(12) not more than one pump net;
(13) not more than one seine;
(14) three to fifty set hooks;
(15) not more than one skimbow net;
(16) spear;
(17) not more than two traps;
(18) not more than one trotline with fifty hooks maximum;
(19) any lawful game fishing device.
Section 50-13-640. (A) It is unlawful to possess more than one blue catfish (Ictalurus furcatus) greater than thirty-six inches in length in any one day in Lake Marion, Lake Moultrie, or the upper reach of the Santee, and the Congaree and Wateree Rivers.
(B) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or imprisoned not more than thirty days, or both.
Section 50-13-645. It is unlawful for a recreational fisherman to take more than fifty eels a day. Each eel must be at least six inches long.
Section 50-13-650. (A) No more than four hundred hooks may be attached to a single commercially fished trotline. A trotline must not be attached to another trotline or to the support or float of another trotline. A trotline must not be longer than two thousand feet.
(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, cable, line, or any other device used for support may not extend more than halfway across a stream or body of water.
(E) A trotline or any part of it may not remain in the waters of this State more than twenty-four hours without inspection and removal of the fish taken on it.
(F) A trotline must not be placed within two hundred yards of a manmade structure on Lakes Marion and Moultrie nor placed in the Diversion Canal connecting Lakes Marion and Moultrie.
(G) Trotline hooks used in Lakes Marion and Moultrie and the upper reach of the Santee River must have a gap or clearance between point and shank no greater than seven-sixteenths inch.
(H) Stainless steel hooks must not be used on a trotline.
Section 50-13-655. All set hooks must be removed from the water and from the vegetation or structure to which they are attached not later than one hour after sunrise each day and must not be placed in the water earlier than one hour before official sunset.
Section 50-13-660. All jugs used in fishing in freshwaters must be sizes that are between a minimum capacity of one pint and a maximum capacity of one gallon with the licensee's name and department customer identification number clearly marked on each jug. All jugs must be removed from the water not later than one hour after sunrise each day and must not be placed in the water earlier than one hour before official sunset.
The attachment of more than one hook and line to a jug fishing device is prohibited.
Section 50-13-665. (A) Except as provided in subsections (B) and (C), and the bait listed below, no other bait may be used with trotlines, set hooks, and jugs:
(1) soap;
(2) dough balls;
(3) nongame fish or bream cut into two or more equal parts;
(4) shrimp;
(5) meat scraps which may not include insects, worms, or other invertebrates;
(6) grapes.
(B) Notwithstanding another provision of law, on the Black, Edisto, Great Pee Dee (including the navigable oxbows and sloughs), Little Pee Dee (including the navigable oxbows and sloughs), Lumber, Lynches (including Clarks, Mill, and Muddy Creeks), Sampit, and Waccamaw Rivers, live nongame fish and live 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 a person to have in possession more than the lawful creel limit of bream while fishing with nongame devices on these rivers.
(C) Live nongame fish and live bream may be used on a trotline having not more than twenty hooks that have a shank-to-point gap of one and three-sixteenths inches or greater on the Black, Great Pee Dee (including the navigable oxbows and sloughs), Little Pee Dee (including the navigable oxbows and sloughs), Lumber, Lynches (including Clarks, Mill, and Muddy Creeks) and Waccamaw Rivers. However, it is unlawful for a person to have in possession more than the lawful creel limit of bream while fishing with nongame devices on these rivers.
(D) A 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 50-13-670. It is unlawful for a person to have in possession game fish, except live bream on those water bodies where permitted as live bait, or game fish devices while possessing or using nongame devices. The provisions of this section do not apply to a person using a cast net.
Section 50-13-675. Archery equipment, cast nets, crayfish traps, gigs, hand grabbing, minnow seines, minnow traps, and spears, may be used in freshwaters, except in lakes owned or managed by the department, to take nongame fish. Where permitted, a recreational fisherman may fish one gill net not more than one hundred yards in length or not more than three gill nets, none of which exceeds thirty yards in length; a commercial fisherman may fish four or more gill nets. Notwithstanding other provisions of this chapter, it is unlawful to use or possess any nongame fishing device or gear or the number not authorized by this section on the 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 in this section:
(1) Ashepoo River:
(a) eel pots:
(i) recreational license - two;
(ii) commercial license - seventy-five;
(b) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(2) Ashley River:
(a) eel pots:
(i) recreational license - two;
(ii) commercial license - seventy-five;
(b) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(3) Black Creek; (Darlington, Florence, and Chesterfield Counties) including Lakes Robinson and Prestwood:
(a) gill nets: nongame nets in season;
(b) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(c) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - five lines with two hundred fifty hooks maximum;
(4) Black River:
(a) gill nets: nongame nets in season;
(b) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(c) traps - only from Pea House landing downstream:
(i) recreational license - two;
(ii) commercial license - ten;
(d) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - five lines with two hundred fifty hooks maximum;
(5) Broad River:
(a) seines upstream from S.C. State Highway 34 Bridge to the North Carolina/South Carolina State line only:
(i) recreational license only - one;
(b) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(c) traps:
(i) recreational license - two;
(ii) commercial license - five;
(d) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - three lines with one hundred fifty hooks maximum;
(6) Bush River, Laurens County:
(a) seines:
(i) recreational license only - one;
(7) Catawba River from the Lake Wylie Dam to the Cedar Creek Dam including the in-stream reservoirs:
(a) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(b) traps:
(i) recreational license - two;
(ii) commercial license - two;
(c) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - three lines with one hundred fifty hooks maximum;
(8) Combahee River:
(a) eel pots:
(i) recreational license - two;
(ii) commercial license - seventy-five;
(b) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(c) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - five lines with two hundred fifty hooks maximum;
(9) Congaree River:
(a) hoop nets:
(i) commercial license- ten;
(b) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(c) traps:
(i) recreational license - two;
(ii) commercial license - ten;
(d) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - three lines with one hundred fifty hooks maximum;
(10) Cooper River (Berkley and Charleston Counties):
(a) eel pots: not allowed upstream from Wadboo Creek:
(i) recreational license - two;
(ii) commercial license - five;
(b) elver fyke nets: allowed on all tributaries and on the main branch from the saltwater/freshwater dividing line upstream to the CSX railroad trestle on the Tail Race Canal:
(i) commercial license only - ten nets;
(c) pump nets:
(i) recreational license only - one;
(d) set hooks: not allowed upstream from Wadboo Creek:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(e) skimbow nets:
(i) recreational license only - one;
(f) traps: not allowed upstream from Wadboo Creek:
(i) recreational license - two;
(ii) commercial license - twenty-five;
(g) trotlines: not allowed upstream from Wadboo Creek:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - three lines with one hundred fifty hooks maximum;
(11) Coosawhatchie River:
(a) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(12) Durbin Creek: (Greenville and Laurens Counties):
(a) seines:
(i) recreational license only - one;
(13) Edisto River, including the North and South Forks:
(a) eel pots:
(i) recreational license - two;
(ii) commercial license - seventy-five;
(b) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(c) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - five lines with two hundred fifty hooks maximum;
(14) Enoree River:
(a) seines: from the Norfolk-Southern Railroad in Greenville County downstream to the confluence with the Broad River:
(i) recreational license only - one;
(b) set hooks:
(i) recreational license - fifty;
(ii) commercial license- fifty;
(c) traps:
(i) recreational license - two;
(ii) commercial license - two;
(d) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - three lines with one hundred fifty hooks maximum;
(15) Four Holes Lakes system in Dorchester County which includes Bridge Lake, John's Hole Lake, Little Pond Lake, Mallard's Lake, Mims Lake, Mouth of Four Holes Lake, Rock's Lake, Shuler Lake, Steed's Lake and Woods Lake:
(a) gill nets: nongame nets in season;
(b) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(16) Great Pee Dee River: the waters from U.S. Interstate Highway 95 to the saltwater/freshwater dividing line including the navigable oxbows and sloughs and Bull Creek:
(a) eel pots: downstream from U.S. Highway 701 to the saltwater/freshwater dividing line:
(i) recreational license - two;
(ii) commercial license - seventy-five;
(b) gill nets: nongame nets in season;
(c) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(d) skimbow nets:
(i) recreational license - one;
(e) traps:
(i) recreational license - two;
(ii) commercial license - fifty;
(f) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - five lines with two hundred fifty hooks maximum;
(17) Great Pee Dee River, the waters from U.S. Interstate Highway 95 to the North Carolina/South Carolina State Line including the navigable oxbows and sloughs:
(a) gill nets: nongame nets allowed in season;
(b) hoop nets: upstream from S.C. State Highway 34 to the North Carolina/ South Carolina state line:
(i) commercial license only - fifty;
(c) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(d) traps:
(i) recreational license - two;
(ii) commercial license - fifty;
(e) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - five lines with two hundred fifty hooks maximum;
(18) Jefferies Creek (Florence County):
(a) gill nets: nongame nets in season;
(b) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(c) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - five lines with two hundred fifty hooks maximum;
(19) Lake Greenwood:
(a) jugs:
(i) recreational license only - fifty;
(b) traps:
(i) recreational license - two;
(ii) commercial license - five;
(c) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - three lines with one hundred fifty hooks maximum;
(20) Lake Hartwell:
(a) jugs:
(i) recreational license only - fifty;
(b) traps:
(i) recreational license - two;
(ii) commercial license - five;
(c) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - three lines with one hundred fifty hooks maximum;
(21) Lake J. Strom Thurmond and Stevens Creek Reservoir:
(a) jugs:
(i) recreational license only - fifty;
(b) traps:
(i) recreational license - two;
(ii) commercial license - five;
(c) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - three lines with one hundred fifty hooks maximum;
(22) Lake Keowee:
(a) traps:
(i) recreational license - two;
(ii) commercial license - five;
(b) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - three lines with one hundred fifty hooks maximum;
(23) Lakes Marion and Moultrie, and the upper reach of the Santee River:
(a) traps:
(i) recreational license - two;
(ii) commercial license - twenty-five;
(b) trotlines: Hooks must have a gap or clearance between point and shank no greater than seven sixteenths inch:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - three lines with not more than four hundred hooks on each line;
(24) Lake Murray:
(a) traps:
(i) recreational license - two;
(ii) commercial license - five;
(b) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - three lines with one hundred fifty hooks maximum;
(25) Lake Richard B. Russell:
(a) jugs:
(i) recreational license only - fifty;
(b) traps:
(i) recreational license - two;
(ii) commercial license - five;
(c) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - three lines with one hundred fifty hooks maximum;
(26) Lake Secession:
(a) jugs:
(i) recreational license only - fifty;
(b) traps:
(i) recreational license - two;
(ii) commercial license - five;
(c) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - three lines with one hundred fifty hooks maximum;
(27) Lake Wateree:
(a) traps:
(i) recreational license - two;
(ii) commercial license - five;
(b) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - three lines with one hundred fifty hooks maximum;
(28) Lake Wylie:
(a) traps:
(i) recreational license - two;
(ii) commercial license - five;
(b) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - three lines with one hundred fifty hooks maximum;
(29) Little Pee Dee River including Russ's Creek and other navigable oxbows and sloughs:
(a) gill nets: nongame nets allowed in season;
(b) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(c) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - five lines with two hundred fifty hooks maximum;
(30) Little River: from Mars Bridge in McCormick County up to the confluence of Barkers Creek (Long Branch) and Corner Creek in Anderson County:
(a) seines:
(i) recreational license only - one;
(31) Log Creek (Edgefield County):
(a) seines:
(i) recreational license only - one;
(32) Long Cane Creek, (McCormick County) from above Patterson Bridge on S.C. State Highway S-33-117 upstream to SC State Highway S-1-75 in Abbeville County:
(a) seines:
(i) recreational license only - one;
(33) Louther's Lake (Darlington County):
(a) gill nets: nongame nets in season;
(b) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(34) Lumber River:
(a) gill nets: nongame nets in season;
(b) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(c) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - five lines with two hundred fifty hooks maximum;
(35) Lynches River (includes Clarks Creek, Mill Creek and Muddy Creek):
(a) gill nets: nongame nets allowed in season;
(b) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(c) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - five lines with two hundred fifty hooks maximum;
(36) Mulberry Creek (Greenwood County):
(a) seines:
(i) recreational license only - one;
(37) New River:
(a) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(38) Pacolet River:
(a) seines:
(i) recreational license only - one;
(b) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(c) traps:
(i) recreational license - two;
(ii) commercial license - two;
(d) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - three lines with one hundred fifty hooks maximum;
(39) Rabon Creek (Laurens County):
(a) seines:
(i) recreational license only - one;
(40) Reedy River:
(a) seines: from the Norfolk-Southern Railroad in Greenville County downstream to the backwaters of Lake Greenwood:
(i) recreational license only - one;
(b) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(c) traps:
(i) recreational license - two;
(ii) commercial license - two;
(d) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - three lines with one hundred fifty hooks maximum;
(41) Rocky River (Anderson County):
(a) seines:
(i) recreational license only - one;
(42) Salkehatchie River:
(a) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(43) Saluda River- from S.C. State Highway 183 in Greenville County to the backwaters of Lake Greenwood and on the Middle Reach of the Saluda River:
(a) seines:
(i) recreational license only - one;
(b) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(c) traps:
(i) recreational license - two;
(ii) commercial license - two;
(d) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - three lines with one hundred fifty hooks maximum;
(44) Saluda River - Lower reach:
(a) traps:
(i) recreational license only - two;
(b) trotlines:
(i) recreational license only - one line with fifty hooks maximum;
(45) Sampit River:
(a) gill nets: nongame nets in season;
(b) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(c) skimbow nets:
(i) recreational license only - one;
(d) traps:
(i) recreational license - two;
(ii) commercial license - twenty-five;
(46) Santee River, from USGS gauging station 1715 about 2.4 miles below Santee Dam downstream to the saltwater/freshwater dividing line including the North and South Santee Rivers:
(a) eel pots:
(i) recreational license - two;
(ii) commercial license - seventy-five;
(b) skimbow nets:
(i) recreational license only - one;
(c) traps:
(i) recreational license - two;
(ii) commercial license - fifty;
(d) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - five lines with two hundred fifty hooks maximum;
(47) Savannah River - Lower Reach to the saltwater/freshwater dividing line:
(a) eel pots:
(i) recreational license - two;
(ii) commercial license - seventy-five;
(b) gill nets: nongame nets in season;
(c) hoop nets:
(i) commercial license only - ten;
(d) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(e) traps:
(i) recreational license - two;
(ii) commercial license - forty;
(f) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - five lines with two hundred fifty hooks maximum;
(48) Stevens Creek from SC State Highway S-19-53 upstream to the confluence of Hard Labor and Cuffytown Creeks:
(a) seines:
(i) recreational license only - one;
(49) Thicketty Creek, (Cherokee County):
(a) seines:
(i) recreational license only - one;
(50) Tulifinny River:
(a) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(51) Turkey Creek (Edgefield and Greenwood Counties):
(a) seines:
(i) recreational license only - one;
(52) Tyger River:
(a) seines:
(i) recreational license only - one;
(b) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(c) traps:
(i) recreational license - two;
(ii) commercial license - two;
(d) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - three lines with one hundred fifty hooks maximum;
(53) Waccamaw River:
(a) eel pots: downstream of the junction of Bull Creek to the saltwater/freshwater dividing line:
(i) recreational license - two;
(ii) commercial license - seventy-five;
(b) gill nets: nongame nets in season;
(c) set hooks:
(i) recreational license - fifty;
(ii) commercial license - fifty;
(d) skimbow nets:
(i) recreational license only - one;
(e) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - five lines with two hundred fifty hooks maximum;
(54) Warrior Creek, Laurens County:
(a) seines:
(i) recreational license only - one;
(55) Wateree River:
(a) hoop nets:
(i) commercial license only - ten;
(b) set hooks:
(i) recreational license - fifty;
(ii) commercial license -fifty;
(c) traps:
(i) recreational license - two;
(ii) commercial license - forty;
(d) trotlines:
(i) recreational license - one line with fifty hooks maximum;
(ii) commercial license - three lines with one hundred fifty hooks maximum;
(56) Wilson Creek, Greenwood County: from the confluence of Wilson Creek and Ninety - Six Creek upstream to U.S. Highway 25/U.S. Highway 178 in Greenwood County:
(a) seines:
(i) recreational license only - one.
Section 50-13-680. An enforcement officer or department employee acting in their official capacity may inspect, at any reasonable hour, the vehicle, boat, processing house, and wholesale business which is connected with nongame commercial fishing activities and the records of a person required to be licensed by this title to ensure compliance. Upon request of the department, the buyers (fish houses) of nongame fish shall report quarterly the volume of sales and other information as required by the department. An enforcement officer or department employee acting in their official capacity may check any game or nongame fishing device and, if unlawful, may seize the device as contraband and dispose of it and any catch provided by law.
Section 50-13-685. Except as otherwise provided, a person violating this article is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than five hundred dollars or imprisoned not more than thirty days, or both. In addition to that penalty, the court may order the department to suspend the fishing license and any tags or permits for up to one year.
Section 50-13-690. (A) In addition to any specific penalty provided in this article, any fish or fishing device taken or found to be in possession of a person charged with a violation of this article must be seized. The fish must 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 the sale must 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 must be sold at public auction. The sale of the fish and fishing devices must be conducted using the procedures as provided by law. If the person is acquitted, the devices must be returned to him along with any money that may have come from the sale of the fish.
(B) In addition to the specific penalties provided in this article and the penalties provided in subsection (A), the boat, motor, and fishing gear of a person who is charged with unlawfully using or having in possession a gill net or hoop net on any freshwater lake or reservoir of this State must be confiscated and sold at auction within this State after conviction using the procedure as provided by law. The money received from the sale must be forwarded to the department and placed in the account of the 'Fish and Wildlife Protection Fund' of the State Treasury. If the person is acquitted the boat, motor, and fishing gear must be returned to him. Upon conviction, the department shall suspend the 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, upon the conviction of a commercial freshwater fisherman of illegal possession of game fish or the sale or traffic in game fish, the department shall suspend the person's license or privilege to fish in this State for a period of one year from the date of conviction.
Section 50-13-695. (A) Except for department personnel in their official capacity, it is unlawful for a person to fish, inspect, or use in any manner nongame fishing devices owned and tagged by another person or to remove any fish from a device unless under the immediate supervision of the owner. A person found guilty of a violation of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for up to thirty days, or both.
(B) A person who steals any nongame fishing device or any fish in a device or who tampers with or damages a nongame fishing device or makes it ineffective for the purpose of taking fish is guilty of a misdemeanor and, upon conviction:
(1) for tampering with or damaging or making ineffective a device, must 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, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than six months, or both."
Sale and traffic in fish
SECTION 5. Article 11, Chapter 13, Title 50 of the 1976 Code is amended to read:
"Article 11
Sale and Trafficking in Fish
Section 50-13-1610. It is unlawful to sell, offer for sale, barter, trafficking in, or purchase any fish classified as a game fish under the provisions of this title except as allowed by this title regardless of where caught. A person violating this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(1) for a first offense, by a fine of not more than five hundred dollars or imprisonment for not more than thirty days;
(2) for a second offense within three years of a first offense, by a fine of not less than three hundred dollars nor more than five hundred dollars or imprisonment for not more than thirty days;
(3) for a third or subsequent offense within three years of a second or subsequent offense, by a fine of not more than one thousand dollars or imprisonment for not more than thirty days;
(4) for a fourth and subsequent offense within five years of the date of conviction for the first offense must be punished as provided for a third offense.
Section 50-13-1615. A person selling, offering for sale, or possessing for sale freshwater nongame fish must have in possession dated invoices, bills of sale, or other documentation verifying the origin of the fish and from whom procured.
Section 50-13-1630. (A) A person may not possess, sell, offer for sale, import, bring, or cause to be brought or imported into this State or release anywhere in this State the following species at any stage of its life cycle:
(1) carnero or candiru catfish (Vandellia cirrhosa);
(2) freshwater electric eel (Electrophorus electricus);
(3) white amur or grass carp (Ctenopharyngodon idella);
(4) walking catfish or a member of the clariidae family (Clarias, Heteropneustea, Gymnallabes, Channallabes, or Heterobranchus genera);
(5) piranha (all members of Serrasalmus, Rooseveltiella, and Pygocentrus genera);
(6) stickleback;
(7) Mexican banded tetra;
(8) sea lamprey;
(9) rudd (Scardinius erythrophtalmu-Linneaus);
(10) snakehead (all members of family Channidae);
(11) rusty crayfish (Orconectes rusticus); and
(12) other nonindigenous species not established, except by permit, exclusive of the recognized pet trade species.
(B) The department may issue special import permits to qualified persons for research and education only.
(C)(1) The department may issue permits for stocking sterile white amur or grass carp hybrids in the waters of this State. The permits must certify that the permittee's white amur or grass carp hybrids have been tested and determined to be sterile. The department may charge a fee of one dollar for each white amur or grass carp hybrid that measures five inches or longer or twenty-five cents for each white amur or grass carp hybrid that measures less than five inches. The fee collected for sterility testing must be retained by the department and used to offset the costs of the testing.
(2) The department is authorized to promulgate regulations to establish a fee schedule to replace the fee schedule contained in item (1) of this subsection. Upon these regulations taking effect, the fee schedule contained in item (1) of this subsection no longer applies.
(D) The department may issue permits for the importation, breeding, and possession of nonsterile white amur or grass carp hybrids. The permits must be issued pursuant to the provisions of the Aquaculture Enabling Act in Article 2, Chapter 18 of this title. Provided, however, that no white amur or grass carp hybrids imported, bred, or possessed pursuant to this subsection may be stocked in the waters of this State except as provided in subsection (C) of this section.
(E) It is unlawful to take, harm, or kill grass carp from public waters. Any grass carp taken must be returned immediately to the water from which it was taken.
(F) The department shall prescribe the qualifications, methods, controls, and restrictions required of a person or his agent to whom a permit is issued. The department shall condition all permits issued under this section to safeguard public safety and welfare and prevent the introduction into the wild or release of nonnative species of fish or other organisms into the waters of this State. The department may promulgate regulations necessary to effectuate this section and specifically to prohibit additional species of fish from being imported, possessed, or sold in this State when the department determines the species of fish are potentially dangerous. A violation of the terms of the permit may result in revocation and a civil penalty of up to five thousand dollars. An appeal is pursuant to the provisions of Article 2, Chapter 23, Title 1 (the Administrative Procedures Act).
(G) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred nor more than two thousand five hundred dollars or imprisoned for thirty days, or both.
Section 50-13-1635. (A) Except bait lost incidental to fishing or fish released into the waters from which they were taken, it is unlawful to intentionally release any aquatic species, regardless of the stage of its life cycle, into the waters of this State without a permit from the department.
(B) It is unlawful to use any nonindigenous fish as bait that is not already established in the water body being fished except the following minnows: fathead minnows (Pimephales promelas), golden shiners (Notemigonus crysoleucas), and goldfish, including 'black salties' (Carassius auratus). Magistrates court retains concurrent jurisdiction of this offense.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or up to thirty days in jail, or both. In addition to the criminal penalties, the court may order a civil penalty sufficient to cover costs for eradication."
Fish hatcheries and sanctuaries
SECTION 6. Article 13, Chapter 13, Title 50 of the 1976 Code is amended to read:
"Article 13
Fish Hatcheries and Sanctuaries; Propagation
Section 50-13-1910. This State hereby assents to the provisions of the act of Congress entitled 'An Act to Provide that the United States Shall Aid the States in Fish Restoration and Management Projects, and for Other Purposes,' approved August 9, 1950 (Public Law No. 681, 81st Congress), and the department shall perform acts as necessary to the conduct and establishment of cooperative fish restoration projects, as defined in this act of Congress, in compliance with the act and rules and regulations promulgated by the Secretary of the Interior. The amounts necessary for this State to provide, in order to receive the benefits of the act, must be paid from the fees collected by the department from the sale of resident fishing licenses and a separate fund for this purpose must be set up.
Section 50-13-1920. The department may acquire a sufficient number of acres of land in close proximity to any dam, artificial lake, impounded water, or stream for the purpose of establishing fish hatcheries or fish nurseries. The board may exercise the power of eminent domain if necessary to accomplish this purpose.
Section 50-13-1935. The department shall charge a fee for stocking fish in private water bodies and nonnavigable waters sufficient to cover all costs of producing and stocking the fish.
Section 50-13-1936. If the federal government ceases to operate the Walhalla Fish Hatchery, the department may accept and maintain operations of the facility by charging a fee that is sufficient to cover the cost of operating the facility.
Section 50-13-1940. (A) The department may grant permits to collect freshwater fish for scientific purposes during any time of the year and on any area including sanctuaries without further review. The application must be accompanied by the requisite fee. The department shall investigate the applicant and the need for the permit. A permit is valid until December thirty-first in the year in which issued. A permit must be extended for one year with payment of the fee. A permit is not transferable but a student assistant working under the direct supervision of the permittee is covered by the permit. All collecting must be done in accordance with recognized scientific methods. Data and results must be made available to the department upon request. The conditions of the permit must be adhered to. The department may suspend or cancel the permit at its discretion.
(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for up to thirty days, or both.
Section 50-13-1950. The department, without cost to this State, shall designate and establish sanctuaries where fish may breed unmolested, in the manner and subject to the provisions in this article.
Section 50-13-1960. The department may select any place upon any river or stream within this State as a fish sanctuary. Upon making this selection, the board, upon approval in writing of a majority of the members of the county legislative delegation from the county in which this proposed fish sanctuary is to be located, may designate and set apart the place as a fish sanctuary. A sanctuary may not exceed two miles in length along any river or stream. When a sanctuary is so designated and set apart, the board shall have it adequately and conspicuously marked and shall designate the limits of it in all directions.
Section 50-13-1990. A person fishing or trespassing upon any property or waters so established as a sanctuary by the department is guilty of a misdemeanor and, upon conviction, must be fined not exceeding two hundred dollars or imprisoned not more than thirty days. In cases where magistrates have countywide territorial jurisdiction, the magistrate closest to the sanctuary where the offense occurred shall have jurisdiction of the case. In counties where magistrates are given separate and exclusive territorial jurisdiction the case must be tried as provided in Section 22-3-530.
Section 50-13-1995. The department may permit the federal government to conduct fish culture and scientific investigations in the waters of this State in connection with hatchery operations or management of those species under federal jurisdiction.
Section 50-13-2011. The department has management authority over the lakes and ponds that it owns or leases. It may establish terms and conditions under which the public may use the lakes and ponds pursuant to the provisions of Article 3, Chapter 23, Title 1 (the Administrative Procedures Act).
Section 50-13-2015. (A) A fish sanctuary is established in the St. Stephen Rediversion Canal between the Corps of Engineers' powerhouse and the Atlantic Coastline Railroad Bridge. It is unlawful for a person to fish in the sanctuary except as provided in this section.
(B) From March first to May first each year, fishing for nongame fish is allowed from the Atlantic Coastline Bridge upstream to a point marked by signs or buoys, or both. This location must be marked by the department after consultation with and with the permission of the United States Army Corps of Engineers. Fishing is allowed from six p.m. to twelve midnight. The area otherwise is closed to all fishing and boating activities.
(C) The catch limit is five hundred pounds of fish or one hundred dozen fish a boat a day. Game fish taken must be returned immediately to the water. All fish, except those used for live bait, must be packed in boxes with a one hundred pound capacity before crossing back under the railroad bridge.
(D) Fishing devices must not be used except cast nets, dip nets, or drop nets. The diameter of the dip or drop nets used may not exceed six feet. Nets must not be operated by the use of mechanical devices such as winches, cranes, or pulleys.
(E) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five nor more than one hundred dollars or imprisoned not less than fifteen nor more than thirty days.
Section 50-13-2016. Herring fishing is prohibited within one hundred feet of the fish lift exit channel at St. Stephens Powerhouse."
Fishing devices on Little Pee Dee River
SECTION 7. Article 13, Chapter 19, Title 50 of the 1976 Code is amended to read:
"Article 13
Devices on Little Pee Dee River
Section 50-19-710. Beginning on July 1, 2012, and for three years thereafter on the Little Pee Dee River, the following nongame devices are permitted:
(1) Hoop nets:
(i) recreational license - one;
(ii) commercial license - twenty-five;
(2) Traps:
(i) recreational license - two;
(ii) commercial license - twenty-five.
To fish these devices only in the Little Pee Dee River the department will issue special tags valid for three years at no cost."
Repeal
SECTION 8. Sections 50-13-385, 50-13-390, 50-13-400, and 50-13-1450 of the 1976 Code are repealed.
Time effective
SECTION 9. Upon approval by the Governor, this act takes effect July 1, 2012.
Ratified the 26th day of January, 2012.
__________________________________________
President of the Senate
___________________________________________
Speaker of the House of Representatives
Approved the ____________ day of _____________________2012.
___________________________________________
Governor
----XX----
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Edited by - dernflatlander on 02/05/2012 06:44:55 AM |
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Mixed Nutz
Senior Member
3482 Posts |
Posted - 02/05/2012 : 11:13:16 AM
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Section 50-13-1635. (A) Except bait lost incidental to fishing or fish released into the waters from which they were taken, it is unlawful to release any aquatic species, regardless of the stage of its life cycle, into the waters of this state without a permit from the department.
Let's see. While I'd say around 90% of Blue Backs sold in the Upstate are caught at Russell, should I assume that 10% are illegal to throw back into Hartwell since I'm not "sure" of their original home waters? If so, which ones? And while Gizzard Shad are an indigenous species, most of the really large ones come out of North Carolina. Should I assume that it's okay to throw the small to medium ones back? Does the "bait loss incidental to fishing" cover a bait that slipped from your hand before you could stick the hook in him? Should I just dump $40.00 worth of healthy unused bait on the shore after an unsuccessful outing? Maybe a DNA bait test kit is needed?
It sure seems grey (vague) at best, with a lot of unanswered questions to bear a $500.00-$1000.00 fine. Let alone a civil penalty to cover the cost of eradication!
Sarcasm aside, let's discuss.
...Politicians aren't the "Oldest Profession", but the results are still the same!!! |
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dernflatlander
Senior Member
1257 Posts |
Posted - 02/05/2012 : 12:45:26 PM
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| Do not assume that it is OK to release any of your bait surplus when done fishing unless you caught it yourself from the body of water that you are fishing. Sadly, your scenario of surplus bait after an unsuccessful day is real. However, your 40 bux has already stimulated the economy so what does the disposition of a tank of bait matter? I would say that a bait slipping from your hand is incidental to fishing as would be chumming. You are correct on it being somewhat vague and I'm sure that there will be some tweaking. However, the overall improvement to the fishery offered by the rewrite of chapter 13 is worth sorting through some details. One reason for 50-13-1365 was to close the loophole that allowed catching trout on the lower Saluda to be used as bait on the lakes. I plan to freeze residual baits and use it as chum as I see that as incidental to fishing. The refresh of chapter 13 is anything but useless legislation. |
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Mixed Nutz
Senior Member
3482 Posts |
Posted - 02/05/2012 : 3:09:04 PM
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I still say there's no way to prove where a bait came from, so why not just ban live bait all together? Or at least using live Trout for bait, if they are the reason? And what constitutes a "body of water"? Isn't the Savannah River System a Body of water, only separated by a series of dams? I know I ask a bunch of ?s, but I think they are necessary for such foggy legislation.
...Politicians aren't the "Oldest Profession", but the results are still the same!!! |
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Curly Dog
Senior Member
406 Posts |
Posted - 02/05/2012 : 5:15:30 PM
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| Part of the reason for not releasing your remaining bait into the lake is the possibility, however small it may be of releasing an invasive species like the snakehead into a body of water it does not presently exist in. You may not know or cannot prove where your bait came from but why take the chance of ruining the lake by dumping the remaining baits into the water. Dump them on the shore....the raccoons and possums have to eat too. |
Edited by - Curly Dog on 02/05/2012 5:16:18 PM |
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boatpoor
Senior Member
765 Posts |
Posted - 02/05/2012 : 9:04:52 PM
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| Keep your bb alive till you get home and soak them in brime ( thick salt water) for an hour and freeze the on cookie sheets till solid, the put them in zip locks and use them insted of ballies, Have done well off shore with these! |
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dernflatlander
Senior Member
1257 Posts |
Posted - 02/06/2012 : 06:19:09 AM
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| Mixed, I understand your frustration and you raise valid points. I feel that the particular section that we are discussing should have been enacted 30 years ago, then maybe we would have avoided the white perch invasion. However, the issue has not been addressed until now and we will just have to adapt and do our part to protect and enhance the fishery. The authors of these rules worked with the user groups and did their best to respect traditional methods of fishing. This is the first major rewrite in a long time and brings chapter 13 into the 21st century. I will be doing my part to improve what I can and I hope that you will too. I will try to get clarification on your questions this week if time allows. |
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dernflatlander
Senior Member
1257 Posts |
Posted - 02/06/2012 : 06:21:44 AM
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| boatpoor, that's a pro tip. especially with the baits coming from russell right now, some over 8". |
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Mixed Nutz
Senior Member
3482 Posts |
Posted - 02/06/2012 : 7:59:05 PM
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quote:
Originally posted by Curly Dog
Part of the reason for not releasing your remaining bait into the lake is the possibility, however small it may be of releasing an invasive species like the snakehead into a body of water it does not presently exist in. You may not know or cannot prove where your bait came from but why take the chance of ruining the lake by dumping the remaining baits into the water. Dump them on the shore....the raccoons and possums have to eat too.
Nice try, but what if the bait was lost due to "incidental" reasons? It's still a foreign species released into state waters, and completely legal as I read the statutes.
...Politicians aren't the "Oldest Profession", but the results are still the same!!! |
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Mixed Nutz
Senior Member
3482 Posts |
Posted - 02/06/2012 : 8:08:01 PM
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quote:
Originally posted by dernflatlander
Mixed, I understand your frustration and you raise valid points. I feel that the particular section that we are discussing should have been enacted 30 years ago, then maybe we would have avoided the white perch invasion. However, the issue has not been addressed until now and we will just have to adapt and do our part to protect and enhance the fishery. The authors of these rules worked with the user groups and did their best to respect traditional methods of fishing. This is the first major rewrite in a long time and brings chapter 13 into the 21st century. I will be doing my part to improve what I can and I hope that you will too. I will try to get clarification on your questions this week if time allows.
Thanks for your time answering my questions as best you can, and I'll look forward to your posts on this matter in the future. I want you to know as a sportsman I understand we're all in this together, but I just hate us being legislated out of the sport we value so much, like our saltwater brothers have!!
Thanks again, Scott
...Politicians aren't the "Oldest Profession", but the results are still the same!!! |
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steelytom
Senior Member
1482 Posts |
Posted - 02/07/2012 : 09:14:20 AM
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You are right about what is going on with the saltwater fishery. That is coming down from the federal government, who is being influenced by animal rights activists. But that is not what is going on here. This bill was developed by our state by biologists that worked directly with the fisherman through groups of fisherman like the Midlands Striper Club.
The changes all make sense to me. If you have a snakehead or a baby asian carp in you bait tank you would notice it if you pick it out to put on a hook. Hopefully that person would not put that fish into the lake. If you are just blindly dumping $40 worth of bait out you could easily miss a different species.
The SCDNR has done studies and found that stripers released in hot water during the summer have a very high mortality rate. So people sitting at the towers catching and releasing 30 and 40 short fish are killing a lot of stripers before they can ever get to the 21". The evidence is in all the floating shorts around the big pool in the summer. Plus they say most of the dead sink, so you can multiply what you see on top. I will say that the language in the bill is kind of vague on this one. My interpretation of the bill on this is that you can not keep five fish and continue fishing to cull out the smaller ones you had. It doesn't really say you can't release small fish. |
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Murrymaker
Senior Member
859 Posts |
Posted - 02/07/2012 : 4:30:04 PM
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I agree Tom. there is some room for a loophole there. I just can't see them trying to enforce 5 fish and then go home....that would really hurt the bait shops during their busy season.
That time during the year is when i take my son the most b/c i know he will have a blast reeling fish in. I don't think i can look at him after 15 min of fishing and tell him we have to stop cause we caught 10 fish. and during that time of the year thats all it takes is 15/30min...lol...
I am all for getting bigger fish in the lake and i hope we are on the right track..
Side note if they do enforce 5 fish and go home i will be uping the hook size way up and pinching the barb flat. Hopefully that will take away the chance of catching the smaller fish and if you can feel its small just wait a min or two and it will come off. Jim I believe me and you talked about that at Richards tourny last year.....
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Mixed Nutz
Senior Member
3482 Posts |
Posted - 02/07/2012 : 8:56:58 PM
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quote:
Originally posted by steelytom
You are right about what is going on with the saltwater fishery. That is coming down from the federal government, who is being influenced by animal rights activists. But that is not what is going on here. This bill was developed by our state by biologists that worked directly with the fisherman through groups of fisherman like the Midlands Striper Club.
The changes all make sense to me. If you have a snakehead or a baby asian carp in you bait tank you would notice it if you pick it out to put on a hook. Hopefully that person would not put that fish into the lake. If you are just blindly dumping $40 worth of bait out you could easily miss a different species.
The SCDNR has done studies and found that stripers released in hot water during the summer have a very high mortality rate. So people sitting at the towers catching and releasing 30 and 40 short fish are killing a lot of stripers before they can ever get to the 21". The evidence is in all the floating shorts around the big pool in the summer. Plus they say most of the dead sink, so you can multiply what you see on top. I will say that the language in the bill is kind of vague on this one. My interpretation of the bill on this is that you can not keep five fish and continue fishing to cull out the smaller ones you had. It doesn't really say you can't release small fish.
Laws are Laws, no matter where they come from be it state or federal. We're still losing our rights as sportsmen!!
...Politicians aren't the "Oldest Profession", but the results are still the same!!! |
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Curly Dog
Senior Member
406 Posts |
Posted - 02/07/2012 : 9:26:39 PM
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Like Steelytom said , hopefully if you pull an odd bait from your tank you won't use it or throw it overboard. A little common sense goes a long way. As also mentioned once the water temp exceeds 84 deg there is a 100% mortality rate.
I can relate to having to deal with a young one as my 11 year old has the attention span of a gnat but when we get 5 stripers it will be time to switch to a different species. What counts is you're on the water and hopefully creating memories with your family. |
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Mixed Nutz
Senior Member
3482 Posts |
Posted - 02/08/2012 : 8:34:02 PM
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quote:
Originally posted by Curly Dog
Like Steelytom said , hopefully if you pull an odd bait from your tank you won't use it or throw it overboard. A little common sense goes a long way. As also mentioned once the water temp exceeds 84 deg there is a 100% mortality rate.
I can relate to having to deal with a young one as my 11 year old has the attention span of a gnat but when we get 5 stripers it will be time to switch to a different species. What counts is you're on the water and hopefully creating memories with your family.
Hey man, I'm on your side, you just didn't notice it! Although I may be a little Common senseless at times, this is not one of them!!
Seeya, Scott
...Politicians aren't the "Oldest Profession", but the results are still the same!!! |
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Curly Dog
Senior Member
406 Posts |
Posted - 02/08/2012 : 9:57:58 PM
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No problem!
Organizations like Midlands Striper Club have been heavily involved with the development of legislation not only concerning baits and creel limits / size constraints but also the general health of the Lake Murray fishery. It's pretty frustrating for a group of DNR biologists, fisheries managers, and sportsmen to come together for a common goal only to have some politician that thinks the lake is there for the homeowners and recreational boaters screw everything up. This state is way overdue to take hunting and fishing matters out of the hands of politicians and put them in the capable hands of DNR.
Just my .02 worth. |
Edited by - Curly Dog on 02/08/2012 9:59:29 PM |
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baitfish
