H*3987 Session 110 (1993-1994)
H*3987(Rat #0385, Act #0350) General Bill, By Riser, Inabinett, Rhoad,
J.J. Snow and Witherspoon
A Bill to amend Section 50-13-1135, as amended, Code of Laws of South
Carolina, 1976, relating to commercial and noncommercial fishing licenses
required for taking nongame fish in fresh waters with certain fishing devices,
and to amend Section 50-13-1192, as amended, relating to the requirements for
nongame fishing devices in certain waters, so as to revise the requirements
for trotlines.-amended title
04/14/93 House Introduced and read first time HJ-21
04/14/93 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-21
02/09/94 House Committee report: Favorable with amendment
Agriculture, Natural Resources and Environmental
Affairs HJ-4
02/10/94 House Amended HJ-520
02/10/94 House Read second time HJ-529
02/15/94 House Read third time and sent to Senate HJ-12
02/16/94 Senate Introduced and read first time SJ-6
02/16/94 Senate Referred to Committee on Fish, Game and Forestry SJ-6
03/17/94 Senate Committee report: Favorable Fish, Game and
Forestry SJ-14
03/30/94 Senate Read second time SJ-37
03/31/94 Senate Read third time and enrolled SJ-12
04/14/94 Ratified R 385
04/20/94 Signed By Governor
04/20/94 Effective date 04/20/94
05/10/94 Copies available
(A350, R385, H3987)
AN ACT TO AMEND SECTION 50-13-1135, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
COMMERCIAL AND NONCOMMERCIAL FISHING LICENSES
REQUIRED FOR TAKING NONGAME FISH IN FRESH WATERS
WITH CERTAIN FISHING DEVICES, AND TO AMEND SECTION
50-13-1192, AS AMENDED, RELATING TO THE REQUIREMENTS
FOR NONGAME FISHING DEVICES IN CERTAIN WATERS, SO AS
TO REVISE THE REQUIREMENTS FOR TROTLINES.
Be it enacted by the General Assembly of the State of South Carolina:
Trotline requirements revised
SECTION 1. Section 50-13-1135 of the 1976 Code, as last amended by
Section 1263, Act 181 of 1993, is further amended to read:
"Section 50-13-1135. (A)(1) A person who takes nongame fish in the freshwaters of this State with
the following nongame fishing devices shall obtain and must have in
possession a valid South Carolina fishing license:
(a) bows and arrows;
(b) gigs;
(c) spears;
(d) tires;
(e) minnow seines;
(f) up to three trotlines with not more than one hundred fifty hooks
on all lines;
(g) three to fifty set hooks;
(h) three to fifty jugs;
(i) not more than two traps;
(j) not more than one hoop net;
(k) one gill net not more than two hundred yards in length or not
more than five gill nets, none of which exceeds thirty yards in length;
(l) not more than one skimbow net;
(m) not more than two eel pots;
(n) not more than one seine.
(2) A noncommercial fisherman shall purchase set hook or jug fishing
permits and tags required by this article for the particular device used.
Tags and permits may be applied for on forms provided by the department.
This fisherman shall comply with other provisions of this article pertaining
to the marking and use of nongame fishing devices.
(B) A person who fishes for nongame fish in the freshwaters of this
State by the use of the following nongame fishing devices shall obtain and
must have in possession a commercial freshwater fishing license:
(1) two or more gill nets unless they are used as permitted by
subsection (A)(1)(k);
(2) two or more hoop nets;
(3) three or more traps;
(4) trotlines with a combined total of one hundred fifty-one hooks or
more;
(5) three or more eel pots."
Trotline requirements revised
SECTION 2. Section 50-13-1192 of the 1976 Code, as last amended by
Section 1263, Act 181 of 1993, is further amended to read:
"Section 50-13-1192. Bows and arrows, gigs, spears, tires, cast
nets, and minnow seines may be used in freshwaters except in lakes owned
or managed by the department. Notwithstanding other provisions of this
article, it is unlawful to use or possess a nongame fishing device or gear or
the number not authorized by this section for a particular body of water.
Nongame fishing devices, except as provided in this section, must not be
used in freshwater including tributaries of rivers or creeks unless listed and
regulated as indicated below:
(1) Ashepoo River:
(a) set hooks: fifty maximum for each license holder;
(b) eel pots: no limit;
(2) Ashley River:
(a) set hooks: fifty maximum for each license holder;
(b) eel pots: no limit;
(3) Black Creek; Darlington, Florence, and Chesterfield counties
including Lakes Robinson and Prestwood:
(a) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(b) gill nets: nongame nets in season;
(c) set hooks: fifty maximum for each license holder;
(4) Black River:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(c) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(5) Broad River, includes the waters from the North Carolina line to the
confluence of the Broad and Saluda Rivers:
(a) traps: five for each license holder;
(b) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(c) set hooks: fifty maximum for each license holder;
(d) seines from Highway 34 Bridge up: one for each license
holder;
(6) Bull Creek; Horry and Georgetown counties:
(a) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(b) gill nets: nongame nets in season; (c) eel pots: no limit;
(d) traps: fifty maximum with commercial license;
(7) Buffalo Creek: seines: one for each license holder;
(8) Bush River, Laurens County: seines: one for each license
holder;
(9) Combahee River:
(a) set hooks: maximum fifty for each license holder;
(b) eel pots: no limit;
(10) Congaree River, includes the waters from the Gervais Street
Bridge in Columbia to the confluence of the Congaree and Wateree
Rivers:
(a) traps: fifty maximum with commercial license;
(b) trotlines: two thousand hooks maximum with commercial
license;
(c) hoop nets: fifty maximum with commercial license;
(11) Cooper River:
(a) traps: fifty maximum with commercial license and not allowed
upstream from Wadboo Creek;
(b) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder. No trotlines permitted upstream from
Wadboo Creek;
(c) fyke nets: as allowed for eel fishing by regulation;
(d) set hooks: fifty maximum for each license holder, and no set hooks
permitted upstream from Wadboo Creek;
(e) eel pots: no limit and not allowed upstream from Wadboo
Creek;
(f) pump nets: no limit;
(12) Coosawhatchie and Tullifinny Rivers: set hooks: fifty maximum
for each license holder;
(13) Mallard's Lake, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(14) Mims Lake, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(15) Shuler Lake, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(16) Woods Lake, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(17) Bridge Lake, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(18) Little Pond Lake, Dorchester County waters;
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(19) Steed's Lake, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(20) John's Hole Lake, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(21) Rock's Lake, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(22) Mouth of Four Holes Lake, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(23) Durbin Creek: seines: one for each license holder;
(24) Edisto River:
(a) set hooks: fifty maximum for each license holder;
(b) eel pots: no limit;
(25) Enoree River:
(a) traps: two for each license holder;
(b) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(c) set hooks: fifty for each license holder;
(d) seines: one for each license holder from Southern Railroad in
Greenville County down;
(26) Great Pee Dee River, includes the waters from I-95 to the North
Carolina line;
(a) traps: fifty maximum allowed with commercial license;
(b) trotlines: two thousand maximum hooks with commercial
license;
(c) gill nets: nongame nets allowed in season;
(d) set hooks: fifty maximum for each license holder;
(e) hoop nets: fifty maximum with commercial license north of S.C.
34 only;
(27) Great Pee Dee River, includes the water from I-95 to the
saltwater-freshwater line:
(a) gill nets: nongame nets in season;
(b) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(c) set hooks: fifty maximum for each license holder;
(d) eel pots: below Highway 701 bridge only, no limit;
(e) traps: fifty maximum allowed with commercial license;
(28) Jefferies Creek, Florence County:
(a) gill nets: nongame nets in season;
(b) trotlines: one hundred fifty hooks maximum and three-lines
maximum for each license holder;
(29) Lake J. Strom Thurmond and Stevens Creek:
(a) traps: five maximum for each license holder;
(b) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(c) jugs: fifty maximum for each license holder;
(30) Lake Greenwood:
(a) traps: five maximum for each license holder; (b) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(c) jugs: fifty maximum for each license holder;
(31) Lake Hartwell:
(a) traps: five maximum for each license holder;
(b) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(32) Lake Jocassee: nongame devices prohibited;
(33) Lake Keowee:
(a) traps: five maximum for each license holder;
(b) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(34) Lakes Marion and Moultrie, the waters lying between the
confluence of the Wateree and Congaree Rivers, and the backwaters of
Lake Marion are considered a part of Lake Marion:
(a) traps: fifty maximum with commercial license;
(b) trotlines: two thousand hooks maximum with commercial license.
Hooks must have a gap or clearance between point and shank no greater
than seven-sixteenths inch;
(35) Lake Murray:
(a) traps: five maximum for each license holder;
(b) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(36) Lake Richard B. Russell:
(a) traps: five maximum for each license holder;
(b) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(c) jugs: fifty maximum for each license holder;
(37) Lake Secession:
(a) traps: two maximum for each license holder;
(b) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(c) jugs: fifty maximum for each license holder;
(38) Lake Wateree:
(a) traps: five maximum for each license holder;
(b) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(39) Catawba River, includes the waters from the Lake Wylie Dam to
the backwaters of Lake Wateree, including reservoirs:
(a) traps: two maximum for each license holder;
(b) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(c) set hooks: fifty maximum for each license holder;
(d) seines: one for each license holder, York County only;
(40) Lake Wylie:
(a) traps: five maximum for each license holder; (b) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(41) Little River: seines: one for each license holder from Mars Bridge
in McCormick County up;
(42) Little Pee Dee River:
(a) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(b) gill nets: nongame nets allowed in season;
(c) set hooks: fifty maximum for each license holder;
(43) Log Creek, Edgefield County: seines: one for each license
holder;
(44) Long Cane Creek, above Patterson Bridge: seines: one for each
license holder;
(45) Louder's Lake, Darlington County:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum for each license holder;
(46) Lumber River:
(a) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(b) gill nets: nongame nets in season;
(c) set hooks: fifty maximum for each license holder;
(47) Lynches River:
(a) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(b) gill nets: nongame nets allowed in season;
(c) set hooks: fifty maximum for each license holder;
(48) Mulberry Creek, Greenwood County: seines: one for each license
holder;
(49) New River: set hooks: fifty maximum for each license holder;
(50) Old River:
(a) set hooks: fifty maximum for each license holder;
(b) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(51) Pacolet River:
(a) traps: two for each license holder;
(b) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(c) set hooks: fifty maximum for each license holder;
(d) seines: one for each license holder;
(52) Rabon Creek, Laurens County: seines: one for each license
holder;
(53) Redbank Creek, Saluda County west of Highway 121: seines: one
for each license holder;
(54) Reedy River:
(a) traps: two for each license holder;
(b) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(c) set hooks: fifty maximum for each license holder; (d) seines: one for each license holder from Southern Railroad in
Greenville County down;
(55) Rocky River, Anderson County: seines: one for each license
holder;
(56) Salkehatchie River: set hooks: fifty maximum for each license
holder;
(57) Saluda River, includes the waters from the Southern Railroad
Trestle in Greenville County to the backwaters of Lake Greenwood and the
waters from the Lake Greenwood Dam to the backwaters of Lake
Murray:
(a) traps: two for each license holder;
(b) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(c) set hooks: fifty maximum for each license holder;
(d) seines: one for each license holder, in Anderson, Laurens, and
Greenville counties only, except in Anderson County seines may be used in
the river tributaries;
(58) Saluda River, includes the waters from the Lake Murray Dam to
the Gervais Street Bridge in Columbia:
(a) traps: two for each license holder;
(b) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(59) Sampit River:
(a) gill nets: nongame nets in season;
(b) traps: fifty maximum with commercial license;
(c) set hooks: fifty maximum for each license holder;
(60) Santee River, downstream from Wilson Dam on Lake Marion, and
the waters lying between the confluence of the Wateree and Congaree
Rivers and Lake Marion are considered a part of Lake Marion:
(a) traps: fifty maximum with commercial license;
(b) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(c) nongame gear: not allowed, except skimbow nets allowed
upstream of U.S. Geological Survey Gauging Station No. 1715 which is
approximately 2.4 miles below Santee Dam;
(d) eel pots: no limit;
(61) Savannah River below Stevens Creek Dam:
(a) traps: fifty maximum with commercial license;
(b) hoop nets: fifty maximum with commercial license;
(c) set hooks: fifty maximum for each license holder;
(d) gill nets: nongame nets in season;
(e) trotlines: two thousand maximum hooks with commercial
license;
(f) eel pots: no limit;
(62) Stevens Creek, above Clark's Hill Bridge: seines: one for each
license holder;
(63) Thickly Creek, Cherokee County: seines: one for each license
holder;
(64) Turkey Creek, Edgefield and Greenwood counties: seines: one for
each license holder;
(65) Twelve Mile Creek:
(a) traps: two maximum for each license holder;
(b) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(c) set hooks: fifty maximum for each license holder;
(66) Tyger River:
(a) traps: two maximum for each license holder;
(b) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(c) set hooks: fifty maximum for each license holder;
(d) seines: one for each license holder;
(67) Waccamaw River:
(a) trotlines: one hundred fifty hooks maximum and three-line
maximum for each license holder;
(b) gill nets: nongame nets in season;
(c) set hooks: fifty maximum for each license holder;
(d) eel pots, below the junction of Big Bull Creek: no limit;
(68) Warrior Creek, Laurens County: seines: one for each license
holder;
(69) Wateree River:
(a) traps: fifty maximum with commercial license;
(b) trotlines: two thousand hooks maximum with commercial
license;
(c) set hooks: fifty maximum for each license holder;
(d) hoop nets: fifty maximum with commercial license;
(70) Wilson Creek, Greenwood County: seines: one for each license
holder one mile above the backwaters of Greenwood up."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 20th day of April, 1994. |