Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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| Printed Page 2060, Feb. 10 | Printed Page 2080, Feb. 10 |
Printed Page 2070 . . . . . Thursday, February 10, 1994
Rep. WAITES explained the Bill.

H. 4545--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WOFFORD, with unanimous consent, it was ordered that H. 4545 be read the third time tomorrow.

H. 4473--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LANFORD, with unanimous consent, it was ordered that H. 4473 be read the third time tomorrow.

S. 938--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WOFFORD, with unanimous consent, it was ordered that S. 938 be read the third time tomorrow.

H. 4071--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 4071 be read the third time tomorrow.

H. 4177--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 4177 be read the third time tomorrow.

H. 4344--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 4344 be read the third time tomorrow.

S. 435--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WILKES, with unanimous consent, it was ordered that S. 435 be read the third time tomorrow.

H. 3358--POINT OF ORDER

The following Bill was taken up.

H. 3358 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-2570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS TO TAKE GAME ANIMALS DESTROYING

Printed Page 2071 . . . . . Thursday, February 10, 1994
PROPERTY OR FOR RESEARCH PURPOSES, SO AS TO PROVIDE AN EXCEPTION FOR THE PERMIT REQUIREMENT.

POINT OF ORDER

Rep. HODGES made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3987--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3987 -- Reps. Riser, Snow, Rhoad, Inabinett and Witherspoon: A BILL TO AMEND SECTION 50-13-1180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TROTLINES, SO AS TO REVISE THE REQUIREMENTS FOR TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7602BDW.94), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 50-13-1135, 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) one trotline 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;

Printed Page 2072 . . . . . Thursday, February 10, 1994
(l) not more than one skimbow net;

(m) not more than two eel pots;

(n) not more than one seine.

(2) A noncommercial fisherman shall purchase set hook or jug fishing permits and tags required by this article for the particular device used. Tags and permits may be applied for on forms provided by the department. This fisherman shall comply with other provisions of this article pertaining to the marking and use of nongame fishing devices.

(B) A person who fishes for nongame fish in the freshwaters of this State by the use of the following nongame fishing devices shall obtain and must have in possession a commercial freshwater fishing license:

(1) two or more gill nets unless they are used as permitted by subsection (A)(1)(k);

(2) two or more hoop nets;

(3) three or more traps;

(4) a trotline trotlines with a combined total of one hundred fifty-one hooks or more;

(5) three or more eel pots."

SECTION 2. Section 50-13-1192, 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:

Printed Page 2073 . . . . . Thursday, February 10, 1994
(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: five hundred 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;

Printed Page 2074 . . . . . Thursday, February 10, 1994
(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;

Printed Page 2075 . . . . . Thursday, February 10, 1994
(d) seines: one for each license holder from Southern Railroad in Greenville County down;

(26) Great Pee Dee River, includes the waters from I-95 to the North Carolina line;

(a) traps: fifty maximum allowed with commercial license;

(b) trotlines: five hundred 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;

Printed Page 2076 . . . . . Thursday, February 10, 1994
(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: one 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:

Printed Page 2077 . . . . . Thursday, February 10, 1994
(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;

Printed Page 2078 . . . . . Thursday, February 10, 1994
(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;

Printed Page 2079 . . . . . Thursday, February 10, 1994
(d) gill nets: nongame nets in season;

(e) trotlines: five hundred 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: five hundred 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."

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. RHOAD explained the amendment.

| Printed Page 2060, Feb. 10 | Printed Page 2080, Feb. 10 |
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