South Carolina General Assembly
104th Session, 1981-1982

Bill 3806


                    Current Status

Bill Number:               3806
Ratification Number:       571
Act Number                 461
Introducing Body:          House
Subject:                   Relating to the protection of nongame
                           fish
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A461, R571, H3806)

AN ACT TO AMEND SECTIONS 50-13-1110, 50-13-1115, 50-13-1120, 50-13-1135, 50-13-1187, 50-13-1192, AND 50-13-1196, RELATING TO THE PROTECTION OF NONGAME FISH, SO AS TO PROVIDE THAT THE ARTICLE OF THE CODE RELATING TO PROTECTION OF NONGAME FISH SHALL NOT APPLY TO SHAD OR HERRING WHERE OTHERWISE PROVIDED BY LAW, TO ADD SEINES TO THE LIST OF DEVICES WHICH MAY BE USED FOR TAKING NONGAME FISH, TO PROVIDE THAT IT SHALL BE LAWFUL TO TAKE NONGAME FISH WITH LAWFUL GAME FISHING DEVICES DESIGNED TO TAKE GAME FISH, TO DEFINE "SEINE", TO PROVIDE THAT ANY PERSON TAKING FISH WITH MORE THAN ONE SEINE MUST OBTAIN AND HAVE IN POSSESSION A VALID STATE FISHING LICENSE, TO REQUIRE ANY PERSON TAKING NONGAME FISH WITH TWO OR MORE GILL NETS TO OBTAIN AND HAVE IN POSSESSION A COMMERCIAL FRESH WATER FISHING LICENSE, TO ADD GRAPES AS PERMISSIBLE BAIT FOR USE WITH TROTLINES, SET HOOKS, AND JUGS, TO REGULATE NONGAME FISHING IN ADDITIONAL BODIES OF FRESH WATER, TO PROVIDE THAT CONFISCATED FISH MAY BE SOLD UNDER THE PROVISIONS OF LAW FOR THE SALE OF PERISHABLE ITEMS, TO QUALIFY THE ACTIONS WHICH ARE UNLAWFUL AND WHICH MAY RESULT IN THE CONFISCATION AND SALE OF BOATS, MOTORS, AND FISHING NEAR; AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-13-1126 AND 50-17-2275 SO AS TO PROVIDE THAT IT SHALL BE UNLAWFUL TO ANCHOR A SEINE AND LEAVE IT UNATTENDED, AND TO REGULATE THE USE OF GILL NETS ON CERTAIN BODIES OF WATER IN FLORENCE, GEORGETOWN AND WILLIAMSBURG COUNTIES.

Be it enacted by the General Assembly of the State of South Carolina:

Applicability of article

Section 1. Section 50-13-1110 of the 1976 Code, created by Act 170 of 1981, is amended by adding at the end:

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

Seines added to nongame fishing devices which may be used

Section 2. Subsection (A) of Section 50-13-1115 of the 1976 Code, created by Act 170 of 1981, is amended by adding at the end:

"(15) seines".

Game fishing devices

Section 3. Subsection (B) of Section 50-13-1115 of the 1976 Code, created by Act 170 of 1981, is amended by adding at the end:

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

Definition

Section 4. Section 50-13-1120 of the 1976 Code, created by Act 170 of 1981, is amended by adding at the end:

"(p) 'seine' is a net having a stretch mesh of not less than one inch and not more than one and one-half inches which do not exceed seventy-five feet in length or six feet in depth."

Nongame fishing devices more than one seine added

Section 5. Subsection (1) of Section 50-13-1135 of the 1976 Code, created by Act 170 of 1981, is amended by adding at the end of the first paragraph:

"(n) Not more than one seine."

Nongame fishing devices--two or more gill nets added

Section 6. Item (a) of subsection (2) of Section 50-13-1135 of the 1976 Code, created ,by Act 170 of 1981, is amended to read:

"(a) two or more gill nets;".

Trotlines, set hooks and jugs

Section 7. Section 50-13-1187 of the 1976 Code, created by Act 170 of 1981, is amended by adding before the period at the end: "(6) grapes". The section as amended shall read:

"Section 50-13-1187. No game fish, live bait or any other bait other than bait listed below shall be used with trotlines, set hooks and jugs:

(1) soap (2) dough balls (3) cut fish (nongame fish cut into at least three equal parts) (4) shrimp (5) meat scraps (shall not include insects, worms or other invertebrates) (6) grapes."

Unlawful to anchor seine and leave unattended

Section 8. The 1976 Code is amended by adding:

"Section 50-13-1126. It shall be unlawful to anchor a seine and leave it unattended."

Bows and arrows, jigs, spears, tires, cast nets and minnow seines mar be used

Section 9. Section 50-13-1192 of the 1976 Code, as created by Act 170 of 1981, is amended to read:

"Section 50-13-1192. Bows and arrows, gigs, spears, tires, cast nets and minnow seines may be used in any of the freshwaters except in the lakes owned or managed by the Department. Notwithstanding any other provision of this article, it shall be unlawful to use or possess any nongame fishing device or gear or the number not authorized by this section for a particular body of water. Nongame fishing devices, with the exception of the above, may not be used in any body of freshwater including tributaries of rivers or creeks unless listed and regulated as indicated below:

Ashepoo River:

Set hooks Fifty maximum per license holder

Eel pots No limit

Ashley River:

Set hooks Fifty maximum per license holder

Eel pots No limit

Black Creek:

Darlington, Florence, Chesterfield Counties (includes Lakes Robinson and Prestwood)

Trotlines One hundred fifty hooks maximum (three-line maximum per license holder)

Gill nets Nongame nets in season

Set hooks Fifty maximum per license holder

Black River:

Gill nets Nongame nets in season

Broad River:

Includes the waters from the North Carolina state line to the confluence of the Broad and Saluda Rivers

Traps Five per license holder

Trotlines One hundred fifty maximum (three-line maximum per license holder)

Set hooks Fifty maximum per license holder

Seines From Highway 34 Bridge up-one per license holder

Bull Creek:

Horry and Georgetown Counties

Trotlines One hundred fifty hooks maximum (three-line maximum per license holder)

Gill nets Nongame nets in season

Eel pots No limit

Traps Fifty maximum with commercial license

Buffalo Creek:

Seines One per license holder

Bush River: (Laurens County)

Seines One per license holder

Combahee River:

Set hooks Maximum fifty per license holder

Eel pots No limit

Congaree River:

Includes the waters from the Gervais Street Bridge in Columbia to the confluence of the Congaree and Wateree Rivers

Traps Fifty maximum with commercial license

Trotlines Two thousand hooks maximum with commercial license

Hoop nets Fifty maximum with commercial license.

Cooper River:

Traps Fifty maximum with commercial license (not allowed upstream from Wadboo Creek)

Trotlines One hundred fifty hooks maximum (three-line maximum per license holder, no trotlines permitted upstream from Wadboo Creek)

Fyke nets As allowed for eel fishing by regulation

Set hooks Fifty maximum per license holder (no set hooks permitted upstream from Wadboo Creek)

Eel pots No limit (not allowed upstream from Wadboo Creek)

Coosawhatchie and Tullifinny Rivers:

Set hooks Maximum fifty per license holder

Mallard's Lake:

Dorchester County waters

Gill nets Nongame nets in season

Set hooks Fifty maximum per license holder

Mims Lake:

Dorchester County waters

Gill nets Nongame nets in season

Set hooks Fifty maximum per license holder

Shuler Lake:

Dorchester County waters

Gill nets Nongame nets in season

Set hooks Fifty maximum per license holder

Woods Lake:

Dorchester County waters

Gill nets Nongame nets in season

Set hooks Fifty maximum per license holder

Bridge Lake:

Dorchester County waters

Gill nets Nongame nets in season

Set hooks Fifty maximum per license holder

Little Pond Lake:

Dorchester County waters

Gill nets Nongame nets in season

Set hooks Fifty maximum per license holder

Steed's Lake:

Dorchester County waters

Gill nets Nongame nets in season

Set hooks Fifty maximum per license holder

John's Hole Lake:

Dorchester County waters

Gill nets Nongame nets in season

Set hooks Fifty maximum per license holder

Rock's Lake:

Dorchester County waters

Gill nets Nongame nets in season

Set hooks Fifty maximum per license holder

Mouth of Four Holes Lake:

Dorchester County waters

Gill nets Nongame nets in season

Set hooks Fifty maximum per license holder

Durbin Creek:

Seines One per license holder

Edisto River:

Set hooks Fifty maximum per license holder

Eel pots No limit

Enoree River:

Traps Two per license holder

Trotlines One hundred fifty maximum (three-line maximum) per license holder

Set hooks Fifty per license holder

Seines One per license holder (from Southern Railroad in Greenville County down)

Great Pee Dee River:

Includes the waters from I-95 to North Carolina state line

Traps Maximum fifty allowed with commercial license

Trotlines Maximum two thousand hooks with commercial license

Gill nets Nongame nets allowed in season

Set hooks Fifty maximum per license holder

Great Pee Dee River:

Includes the waters from I-95 to the saltwater-

freshwater line

Gill nets Nongame nets in season

Trotlines One hundred fifty hooks maximum per license holder (three-line maximum)

Set hooks Fifty maximum per license holder

Eel pots Below Highway 701 bridge only, no limit

Traps Maximum fifty allowed with commercial license

Lake Clark Hill and Stevens Creek:

Traps Maximum five per license holder

Trotlines One hundred fifty hooks maximum per license holder (three-line maximum)

Jugs Maximum fifty per license holder

Lake Greenwood:

Traps Maximum five per license holder

Trotlines One hundred fifty hooks maximum per license holder (three-line maximum)

Jugs Maximum fifty per license holder

Lake Hartwell:

Traps Maximum five per license holder

Trotlines One hundred fifty hooks maximum per license holder (three-line maximum)

Lake Jocassee:

Nongame devices prohibited

Lake Keowee:

Traps Maximum five per license holder

Trotlines One hundred fifty hooks maximum per license holder (three-line maximum)

Lakes Marion and Moultrie:

The waters lying between the confluence of the Wateree and Congaree Rivers and the backwaters of Lake Marion shall be considered a part of Lake Marion

Traps Maximum fifty with commercial license

Trotlines Maximum two thousand hooks with commercial license

Lake Murray:

Traps Maximum five per license holder

Trotlines One hundred fifty hooks maximum per license holder (three-line maximum)

Lake Secession:

Traps Maximum two per license holder

Trotlines One hundred hooks maximum per license holder (three-line maximum)

Lake Wateree:

Traps Maximum five per license holder

Trotlines One hundred fifty hooks maximum per license holder (three-line maximum)

Catawba River:

Includes the waters from the Lake Wylie Dam to the backwaters of Lake Wateree, including all reservoirs

Traps Maximum two per license holder

Trotlines One hundred fifty hooks maximum per license holder (three-line maximum)

Set hooks Fifty maximum per license holder

Seines One per license holder (York County only)

Lake Wylie:

Traps Maximum five per license holder

Trotlines One hundred fifty maximum per license holder (three-line maximum)

Little River:

Seines One per license holder (from Mars Bridge in McCormick County up)

Little Pee Dee River:

Trotlines One hundred fifty hooks maximum per license holder (three-line maximum) Gill nets Nongame nets allowed in season

Set hooks Fifty maximum per license holder

Log Creek: (Edgefield County)

Seines One per license holder

Long Cane Creek: (above Patterson Bridge)

Seines One per license holder

Louder's Lake:

Darlington County

Gill nets Nongame nets in season

Set hooks Fifty maximum per license holder

Lumber River:

Trotlines One hundred fifty hooks maximum (three-line maximum)

Gill nets Nongame nets in season

Set hooks Fifty maximum per license holder

Lynches River:

Trotlines One hundred fifty hooks maximum per license holder (three-line maximum)

Gill nets Nongame nets allowed in season

Set hooks Fifty maximum per license holder

Mulberry Creek: (Greenwood County)

Seines One per license holder

New River:

Set hooks Fifty maximum per license holder

Old River:

Set hooks Fifty maximum per license holder

Trotlines One hundred fifty hooks (three-line maximum per license holder)

Pacolet River:

Traps Two per license holder

Trotlines One hundred fifty hooks maximum (three-line maximum per license holder)

Set hooks Fifty maximum per license holder

Seines One per license holder

Rabon Creek: (Laurens County)

Seines One per license holder

Redbank Creek: (Saluda County west of Highway 121)

Seines One per license holder

Reedy River:

Traps Two per license holder

Trotlines One hundred fifty maximum (three-line maximum per license holder)

Set hooks Fifty maximum per license holder

Seines One per license holder (from Southern Railroad in Greenville County down)

Rocky River: (Anderson County)

Seines One per license holder

Salkehatchie River:

Set hooks Fifty maximum per license holder

Saluda River:

Includes the waters from the Southern Railroad Trestle in Greenville County to the backwaters of Lake Greenwood and the waters from the Lake Greenwood Dam to the backwaters of Lake Murray

Traps Two per license holder

Trotlines One hundred fifty hooks maximum (three-line maximum per license holder)

Set hooks Fifty maximum per license holder

Seines One per license holder (in Anderson, Laurens, and Greenville Counties only, except in Anderson County seines may be used in the river tributaries)

Saluda River:

Includes the waters from the Lake Murray Dam to the Gervais Street Bridge in Columbia

Traps Two per license holder

Trotlines One hundred fifty hooks maximum (three-line maximum per license holder)

Sampit River:

Gill nets Nongame in season

Traps Fifty maximum with commercial license

Set hooks Fifty maximum per license holder

Santee River:

Downstream from Wilson Dam on Lake Marion:

note that the waters lying between the confluence of the Wateree and Congaree Rivers and Lake Marion are considered a part of Lake Marion

Traps Fifty maximum with commercial license

Trotlines One hundred fifty hooks maximum (three-line maximum per license holder)

No nongame gear (except skimbow nets allowed upstream of U. S. Geological Survey Gauging Station No. 1715 which is approximately 2.4 miles below Santee Dam)

Eel pots No limit

Savannah River:

Below Stevens Creek Dam

Traps Fifty maximum with commercial license

Hoop nets Fifty maximum with commercial license

Set hooks Fifty maximum per license holder

Gill nets Nongame nets in season

Trotlines Two thousand maximum hooks with commercial license

Eel pots No limit

Stevens Creek: (above Clark's Hill Bridge)

Seines One per license holder

Thickly Creek: (Cherokee County)

Seines One per license holder

Turkey Creek: (Edgefield and Greenwood Counties)

Seines One per license holder

Twelve Mile Creek:

Traps Maximum two per license holder

Trotlines One hundred fifty hooks maximum per license holder (three-line maximum)

Set hooks Fifty maximum per license holder

Tyger River:

Traps Maximum two per license holder

Trotlines One hundred fifty hooks maximum (three-line maximum per license holder)

Set hooks Fifty maximum per license holder

Seines One per license holder

Waccamaw River:

Trotlines One hundred fifty hooks maximum (three-line maximum per license holder)

Gill nets Nongame nets in season

Set hooks Fifty maximum per license holder

Eel pots Below the junction of Big Bull Creek (no limit)

Warrior Creek: (Laurens County)

Seines One per license holder

Wateree River:

Traps Fifty maximum with commercial license

Trotlines Two thousand hooks maximum with commercial license.

Set hooks Fifty maximum per license holder

Hoop nets Fifty maximum with commercial license

Wilson Creek: (Greenwood County)

Seines One per license holder (one mile above the back waters of Greenwood up)".

Penalties

Section 10. Subsection (A) of Section 50-13-1196, created by Act 170 of 1981, is amended by striking the second sentence and inserting:

"The fish shall be sold in the same manner as prescribed in Section 50-11-3940 for the sale of perishable items." When amended the subsection shall read:

"(A) In addition to any specific penalty provided in this article, any fish or fishing device taken or found to be in possession of any person charged with a violation of this article shall be confiscated. The fish shall be sold in the same manner as prescribed in Section 50-11-3940 for the sale of perishable items. If the person charged is convicted, the money received from such sale shall be forwarded to the Department and placed to the account of the game protection fund of the State Treasury. After conviction the fishing devices shall be sold at public auction. The sale of the fish and fishing devices shall be conducted using the procedures prescribed in Section 50-11-2080. If such person is acquitted the devices shall be returned to him along with any money that may have come from the sale of the confiscated fish."

Further

Section 11. Subsection (B) of Section 50-13-1196 of the 1976 Code, created by Act 170 of 1981, is amended by striking beginning on line four "fishing or". When amended the subsection shall read:

"(B) In addition to the specific penalties provided in this article and the penalties provided in subsection (A) of this section, the boat, motor and fishing gear of any person who is charged with unlawfully using or having in possession a gill net or hoop net on any freshwater lake or reservoir of the State shall be confiscated and sold at auction within the State after conviction using the procedure prescribed in Section 50-11-2080. The money received from such sale shall be forwarded to the Department and placed to the account of the game protection fund of the State Treasury. If such person is acquitted the boat, motor and fishing gear shall be returned to him. Upon conviction, the Department shall suspend such person's license or privilege to fish in this State for a period of one year from the date of conviction."

Size of gill nets

Section 12. The 1976 Code is amended by adding:

"Section 50-17-2275. It shall be lawful to use gill nets having a mesh size no smaller than two and one-half inches and no greater than three inches, stretched mesh, for the taking of herring from February fifteenth through April fifteenth on Wednesday, Thursday, Friday and Saturday only during any week of the open season in the following areas:

(1) On the Great Pee Dee, Old River around Bird Island, and Louders Lake in Darlington County and the Lynches River in Florence County.

(2) On the Sampit, Waccamaw and Black Rivers in Georgetown County.

(3) In Williamsburg County."

Time effective

Section 13. This act shall take effect upon the approval by the Governor.