reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-640. Possession of blue catfish.

(A) It is unlawful to possess more than two blue catfish (Ictalurus furcatus) greater than thirty-two inches in length in any one day in Lake Marion, Lake Moultrie, or the upper reach of the Santee River, the Congaree and Wateree rivers, and all other state waterways.
(B) It is unlawful to take more than twenty-five blue catfish (Ictalurus furcatus) a day in Lake Marion, Lake Moultrie, the upper reach of the Santee River, and all other state waterways.
(C) 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.
HISTORY: 2012 Act No. 114, Section 4, eff July 1, 2012; 2014 Act No. 254 (H.4543), Section 1, eff April 1, 2015; 2014 Act No. 254 (H.4543), Section 5, eff June 30, 2018; 2021 Act No. 40 (S.36), Section 1, eff June 16, 2021.
Editor's Note
2014 Act No. 254, Section 5, provides as follows:
"SECTION 5. This act takes effect April 1, 2015, and shall be automatically repealed on June 30, 2018, unless reauthorized by a joint resolution for that specific purpose."
2021 Act No. 40, Section 3, provides as follows:
"SECTION 3. The Department of Natural Resources shall conduct a study of the blue catfish fishery in the Santee and Cooper river systems and make recommendations to the General Assembly concerning the fishery on or before January 1, 2025."
Effect of Amendment
2014 Act No. 254, Section 1, in subsection (A), substituted "two blue catfish" for "one blue catfish", substituted "thirty-two inches" for "thirty-six inches", and inserted "River" following "Santee"; added subsections (B) and (C), relating to daily possession limits and a study of the blue catfish fishery; and redesignated former subsection (B) as (D).
2021 Act No. 40, Section 1, in (A), substituted "two blue catfish" for "one blue catfish", "thirty-two inches" for "thirty-six inches", and "Santee River, the Congaree and Wateree rivers, and all other state waterways" for "Santee, and the Congaree and Wateree Rivers"; inserted (B); and redesignated former (B) as (C).
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-645. Taking limits of eels for recreational fisherman.

It is unlawful for a recreational fisherman to take more than twenty-five American eel (Anguilla rostrata) a day. Each American eel must be at least nine inches long.
HISTORY: 2012 Act No. 114, Section 4, eff July 1, 2012; 2016 Act No. 209 (S.1030), Section 1, eff June 3, 2016.
Effect of Amendment
2016 Act No. 209, Section 1, substituted "twenty-five American eel (Anguilla rostrata)" for "fifty eels" in the first sentence, and inserted "American" before "eel" and substituted "nine inches" for "six inches" in the second sentence.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-650. Commercial trotlines.

(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.
HISTORY: 1962 Code Section 28-616.1; 1967 (55) 342; 1981 Act No. 170, Section 1; 1992 Act No. 316, Section 6; 1993 Act No. 181, Section 1263; 2000 Act No. 245, Section 17; 1976 Code Section 50-13-1180; 2012 Act No. 114, Section 4, eff July 1, 2012.
Editor's Note
Prior Laws: Former Section 50-13-650 was entitled "Use of nets and seines in Savannah River" and was derived from 1962 Code Section 28-616.1; 1967 (55) 342; 1993 Act No. 181, Section 1263; 2000 Act No. 245, Section 17.
Effect of Amendment
The 2012 amendment renumbered and rewrote the section.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-655. Set hooks placement and removal.

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.
HISTORY: 1981 Act No. 170, Section 1; 1993 Act No. 181, Section 1263; 1976 Code Section 50-13-1185; 2012 Act No. 114, Section 4, eff July 1, 2012.
Effect of Amendment
The 2012 amendment renumbered and rewrote this section.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-660. Jug fishing devices.

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.
HISTORY: 1981 Act No. 170, Section 1; 1993 Act No. 181, Section 1263; 1976 Code Section 50-13-1186; 2012 Act No. 114, Section 4, eff July 1, 2012.
Effect of Amendment
The 2012 amendment renumbered and rewrote this section.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-665. Bait which may be used with trotlines, set hooks, and jugs; penalties.

(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 fifteen-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 fifteen-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.
HISTORY: 1981 Act No. 170, Section 1; 1982 Act No. 461, Section 7; 1993 Act No. 181, Section 1263; 1995 Act No. 24, Section 1; 1998 Act No. 314, Section 1; 1999 Act No. 53, Section 1; 2001 Act No. 31, Section 1; 1976 Code Section 50-13-1187; 2012 Act No. 114, Section 4, eff July 1, 2012; 2013 Act No. 16, Section 1, eff April 23, 2013.
Effect of Amendment
The 2012 amendment renumbered and rewrote the section.
The 2013 amendment, in subsections (B) and (C), substituted "fifteen-sixteenths" for "one and three-sixteenths" before "inches or greater".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-670. Possession of game fish while possessing or using nongame devices prohibited.

It is unlawful for a person to have in possession game fish, except live bream on those water bodies where permitted as live bait, while possessing or using nongame devices. The provisions of this section do not apply to a person using a cast net or landing net (dip net).
HISTORY: 1981 Act No. 170, Section 1; 1986 Act No. 333, Section 1; 1993 Act No. 181, Section 1263; 1976 Code Section 50-13-1189;2012 Act No. 114, Section 4, eff July 1, 2012; 2021 Act No. 16 (H.3548), Section 1, eff July 1, 2021; 2022 Act No. 137 (H.4907), Section 9, eff April 11, 2022.
Effect of Amendment
The 2012 amendment renumbered and rewrote this section.
2021 Act No. 16, Section 1, in the first sentence, deleted "or game fish devices" following "as live bait,".
2022 Act No. 137, Section 9, in the second sentence, inserted "or landing net (dip net)" following "cast net".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-680. Inspection; reports of sales volume; seizure.

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.
HISTORY: 1962 Code Section 28-621.01; 1965 (54) 507; 1981 Act No. 170, Section 1; 1983 Act No. 120, Section 1; 1988 Act No. 383, Section 1; 1993 Act No. 181, Section 1263; 1976 Code Section 50-13-1193; 2012 Act No. 114, Section 4, eff July 1, 2012.
Editor's Note
Prior Laws: Former Section 50-13-680 was entitled "Permit required for taking of fish in Red Bluff Pond in Marlboro County; use of nets to net nongame fish" and was derived from 1962 Code Section 28-621.01; 1965 (54) 507; 1983 Act No. 120, Section 1; 1988 Act No. 383, Section 1; 1993 Act No. 181, Section 1263; repealed by 2012 Act No. 113, Section 4.
Effect of Amendment
The 2012 amendment renumbered and rewrote this section.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-685. Penalties for violation of article; suspension of license, tags, or permits.

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.
HISTORY: 1981 Act No. 170, Section 1; 1992 Act No. 316, Section 8; 1993 Act No. 181, Section 1263; 1976 Code Section 50-13-1195; 2012 Act No. 114, Section 4, eff July 1, 2012.
Effect of Amendment
The 2012 amendment renumbered and rewrote this section.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-690. Seizure and sale of fish or fishing devices; confiscation and sale of items of persons charged with unlawful use or possession of gill net or hoop net; suspension of licenses.

(A) In addition to any specific penalty provided in this article, any fish or fishing device taken or found to be in possession of 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 trafficking 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.
HISTORY: 1981 Act No. 170, Section 1; 1982 Act No. 461, Sections 10, 11; 1993 Act No. 181, Section 1263; 1976 Code Section 50-13-1196; 2012 Act No. 114, Section 4, eff July 1, 2012.
Editor's Note
Prior Laws: Former Section 50-13-690 was entitled "Use of nets or other devices to take nongame fish from private ponds in Chesterfield County" and was derived from 1962 Code Section 28-596.1; 1963 (53) 156; 1993 Act No. 181, Section 1263; repealed by 2012 Act No. 113, Section 4.
Effect of Amendment
The 2012 amendment renumbered and rewrote the section.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-695. Unlawful use of nongame fishing devices owned and tagged by another person; penalties for stealing or tampering with nongame fishing device.

(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.
HISTORY: 1981 Act No. 170, Section 1; 1993 Act No. 181, Section 1263; 1976 Code Sections 50-13-1191, 50-13-1197; 2012 Act No. 114, Section 4, eff July 1, 2012.
Effect of Amendment
The 2012 amendment renumbered and rewrote this section.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-730. Repealed by 2012 Act No. 113, Section 4, eff July 1, 2012; Omitted by 2012 Act No. 114, Section 2, eff July 1, 2012.

Editor's Note
Former Section 50-13-730 was entitled "Use of nets to take nongame fish in fresh waters" and was derived from 1975 (59) 126; 1980 Act No. 324, Section 2; 1984 Act No. 322, Section 1; 1993 Act No. 181, Section 1263; 2000 Act No. 245, Section 18; repealed by 2012 Act No. 113, Section 4.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-980 to 50-13-1020. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.

Editor's Note
Former Section 50-13-980 was entitled "Presumption from possession of fish in excess of legal limits" and was derived from 1962 Code Section 28-669; 1952 (47) 2179; 1993 Act No. 181, Section 1263.
Former Section 50-13-1010 was entitled "Application of article to certain bottom fishing" and was derived from 1962 Code Section 28-662; 1952 Code Section 28-662; 1951 (47) 244; 1952 (47) 2179; 1993 Act No. 181, Section 1263.
Former Section 50-13-1020 was entitled "Penalties" and was derived from 1962 Code Section 28-668; 1952 Code Section 28-668; 1951 (47) 244; 1952 (47) 2179; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1110 to 50-13-1126. Omitted by 2012 Act No. 114, Section 4, eff July 1, 2012.

Editor's Note
Former Section 50-13-1110, see now Section 50-13-610.
Former Section 50-13-1115, see now Section 50-13-615.
Former Section 50-13-1116, see now Section 50-13-620.
Former Section 50-13-1120 was entitled "Definitions" and was derived from 1981 Act No. 170, Section 1; 1982 Act No. 461, Section 4; 1984 Act No. 367, Section 1; 1993 Act No. 181, Section 1263.
Former Section 50-13-1125 was entitled "Prohibition against fishing devices being used, placed, set, or fished constituting hazard to boating" and was derived from 1981 Act No. 170, Section 1; 1993 Act No. 181, Section 1263.
Former Section 50-13-1126 was entitled "Unlawful to anchor seine and leave unattended" and was derived from 1982 Act No. 461, Section 8; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1130, 50-13-1135. Repealed by 2010 Act No. 200, Section 15, eff May 28, 2010.

Editor's Note
Former Section 50-13-1130 was entitled "Commercial freshwater fishing license for taking freshwater fish from public waters for commercial purposes; required documentation; penalties" and was derived from 1981 Act No. 170, Section 1; 1993 Act No. 181, Section 1263; 2003 Act No. 60, Section 4; 2008 Act No. 268, Section 5.
Former Section 50-13-1135 was entitled "Nongame fishing devices for which recreational freshwater or commercial freshwater fishing license required" and was derived from 1981 Act No. 170, Section 1; 1982 Act No. 461, Sections 5, 6; 1983 Act No. 106, Section 1; 1984 Act No. 485, Sections 1, 2; 1992 Act No. 316, Section 2; 1993 Act No. 181, Section 1263; 1994 Act No. 350, Section 1; 2005 Act No. 90, Section 1; 2008 Act No. 268, Section 6.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1145. Omitted by 2012 Act No. 114, Section 4, eff July 1, 2012.

Editor's Note
Former Section 50-13-1145 was entitled "Maximum number of certain devices allowable for freshwater fishing by one person" and was derived from 1981 Act No. 170, Section 1; 1992 Act No. 316, Section 3; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1150 to 50-13-1160. Repealed by 2010 Act No. 200, Section 15, eff May 28, 2010.

Editor's Note
Former Section 50-13-1150 was entitled "Application and fees for resident and nonresident commercial fishing licenses" and was derived from 1981 Act No. 170, Section 1; 1992 Act No. 316, Section 4; 1993 Act No. 181, Section 1263.
Former Section 50-13-1155 was entitled "Tags and permits for certain nongame fishing devices and gear; fees" and was derived from 1981 Act No. 170, Section 1; 1990 Act No. 361, Section 1; 1992 Act No. 316, Section 5; 1993 Act No. 181, Section 1263.
Former Section 50-13-1160 was entitled "Fishing licenses; period for which issued and prohibitions regarding" and was derived from 1981 Act No. 170, Section 1; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1165 to 50-13-1199. Omitted by 2012 Act No. 114, Section 4, eff July 1, 2012.

Editor's Note
Former Section 50-13-1165, see now Section 50-13-320.
Former Section 50-13-1170, see now Section 50-13-325.
Former Section 50-13-1175, see now Section 50-13-330.
Former Section 50-13-1180, see now Section 50-13-650.
Former Section 50-13-1185, see now Section 50-13-655.
Former Section 50-13-1186, see now Section 50-13-660.
Former Section 50-13-1187, see now Section 50-13-665.
Former Section 50-13-1188 was entitled "Minnow seines prohibited during certain hours" and was derived from 1981 Act No. 1870, Section 1; 1993 Act No. 181, Section 1263.
Former Section 50-13-1189, see now Section 50-13-670.
Former Section 50-13-1190 was entitled "Yoyos prohibited" and was derived from 1981 Act No. 171, Section 1; -1993 Act no. 181, Section 1263.
Former Section 50-13-1191 was entitled "Unlawful to use or to take fish from nongame fishing device or gear owned by another" and was derived from Act No. 170, Section 1; 1993 Act No. 181, Section 1263.
Former Section 50-13-1192, see now Section 50-13-675.
Former Section 50-13-1193, see now Section 50-13-680.
Former Section 50-13-1194 was entitled "Promulgation of regulations" and was derived from 1981 Act No. 170, Section 1; 993 Act No. 181, Section 1263.
Former Section 50-13-1195, see now Section 50-13-685.
Former Section 50-13-1196, see now Section 60-13-690.
Former Section 50-13-1197, see now Section 50-13-695.
Former Section 50-13-1198 was entitled "Limitations on herring fishing at St. Stevens Powerhouse" and was derived from 1984 Act No. 323, Section 1; 1993 Act No. 181, Section 1263.
Former Section 50-13-1199 was entitled "Releasing confiscated property to innocent owner or lienholder; failure to recover property" and was derived from 1997 Act No. 18, Section 2.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1210. Permanent obstruction to migration of fish prohibited; destruction of obstruction.

No permanent obstruction of any kind or nature whatever, other than a dam for manufacturing purposes, shall be placed in any of the inland creeks, streams or waters of the State so as to obstruct the free migration of fish. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof before any court of competent jurisdiction, shall be fined in the sum of two hundred dollars or be imprisoned for a period of not less than three nor more than six months, or both, in the discretion of the court trying the case. Whenever any such permanent obstruction shall be found, any enforcement officer or any law enforcement officer may, in the name of the State, destroy or take down such obstruction or so much of it as is necessary to again permit the free migration of fish.
HISTORY: 1962 Code Section 28-647; 1952 (47) 2179; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1220. Fishways in dams.

No navigable stream of this State shall be obstructed by a dam or otherwise unless there be provided a fishway in such dam or other obstruction. For violation of this section a person shall be fined not less than twenty-five dollars for each day that such obstruction shall exist without such fishway after such person shall have been notified in writing by any person that such obstruction exists.
HISTORY: 1962 Code Section 28-648; 1952 Code Section 28-648; 1942 Code Section 1770-2; 1932 Code Section 1805; Cr. C. '22 Section 776; Cr. C. '12 Section 759; 1910 (26) 576; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1230. Construction of certain fishways or ladders.

All persons who have erected or may hereafter erect artificial dams across the inland creeks, rivers, streams or waterways of this State which prevent migratory fish from ascending the same, unless excused by the governing body of the county, shall construct proper fishways or ladders over the same, to be approved by the governing body of the county in which such dam is situated and should such persons refuse or fail so to do within thirty days after notice from the governing body of the county they shall be liable to a fine or penalty of five thousand dollars, recoverable by the county in which such dam has been or may be erected in a court of competent jurisdiction.
HISTORY: 1962 Code Section 28-653; 1952 Code Section 28-653; 1942 Code Section 1772-6; 1932 Code Sections 1818, 3415; Civ. C. '22 Section 1031; Cr. C. '22 Section 788; Civ. C. '12 Section 3433; Cr. C. '12 Section 771; Civ. C. '02 Section 2347; Cr. C. '02 Section 518; G. S. 1670; R. S. 404, 1848; 1871 (15) 661; 1908 (25) 1036; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1240. Designation of fish sluices; obstruction of sluices constitutes public nuisance.

It shall be the duty of the governing body of the county to designate the fish sluices on the several rivers so as to leave one or more passages for fish up such rivers. Such sluices shall be sixty feet wide or, where there are two or more such sluices, they shall be, together, sixty feet wide. When they shall be so designated, it shall be lawful for any person to open such sluices. If any person shall obstruct any such sluice, when once opened, so as to prevent the free passage of fish up such sluice, and every part thereof, he shall be guilty of a public nuisance and, on conviction thereof in the court of general sessions, shall be fined one hundred dollars and shall stand committed until such fine be paid for a time not exceeding ten days, at the discretion of the court before which such conviction may take place. Whenever a fish sluice in any of such rivers shall have been designated as provided in this section, any stoppage of such sluice shall be regarded as a public nuisance and may be abated as such.
HISTORY: 1962 Code Section 28-654; 1952 Code Section 28-654; 1942 Code Section 1772-8; 1932 Code Sections 1821, 3416; Civ. C. '22 Section 1032; Cr. C. '22 Section 790; Civ. C. '12 Section 3434; Cr. C. '12 Section 773; Civ. C. '02 Section 2348; Cr. C. '02 Section 520; G. S. 1672; R. S. 406, 1849; 1827 (6) 340; 1837 (6) 569; 1879 (17) 74; 1890 (20) 705; 1934 (38) 1415; 1952 (47) 2179; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1250. Fish sluices designated not more than once yearly.

The governing bodies of the several counties shall designate and lay out the fish sluices but once a year and shall execute this duty on or before the first day of October whenever they shall determine to change them in any year.
HISTORY: 1962 Code Section 28-655; 1952 Code Section 28-655; 1942 Code Section 1772-9; 1932 Code Section 3417; Civ. C. '22 Section 1033; Civ. C. '12 Section 3435; Civ. C. '02 Section 2349; G. S. 1673; R. S. 1850; 1838 (15) 599; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1260. Fish sluices not to be designated through certain dams.

Nothing herein contained shall be construed to give authority to the governing bodies of the several counties to designate any fish sluice through any dam erected by public authority for the improvement of the navigation of any of the rivers or to designate any fish sluice through any dam erected by individuals for the purpose of propelling any machinery when the owner of such dam shall leave open a part of the river sixty feet wide or, where the dam extends entirely across the river, shall construct therein a sufficient fish sluice sixty feet wide and shall keep the same open for and during the months of February, March and April in each year.
HISTORY: 1962 Code Section 28-656; 1952 Code Section 28-656; 1942 Code Section 1772-10; 1932 Code Section 3418; Civ. C. '22 Section 1034; Civ. C. '12 Section 3436; Civ. C. '02 Section 2350; G. S. 1674; R. S. 1851; 1827 (6) 341; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1410. Pollution of waters injuring fish and shellfish unlawful; enforcement.

It shall be unlawful for any person to throw, run, drain or deposit any dyestuffs, coal tar, oil, sawdust, poison or other deleterious substance in any of the waters, either fresh or salt, which are frequented by game fish within the territorial jurisdiction of this State in quantities sufficient to injure, stupefy or kill any fish or shellfish or be destructive to their spawn which may inhabit such waters, and the master or captain in charge of any boat, ship or vessel shall be responsible for the discharge of any of such substances from his vessel. Any person convicted of violating this section shall be fined not less than three hundred dollars nor more than one thousand dollars or imprisoned not less than three months nor more than one year, or both fined and imprisoned in the discretion of the court. The department shall diligently enforce this section.
HISTORY: 1962 Code Section 28-671; 1952 Code Section 28-671; 1942 Code Section 1769-5; 1932 Code Section 1820; 1925 (34) 92; 1952 (47) 2890; 1972 (57) 2431; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1415. Importation, possession, or placing water hyacinth and hydrilla in waters of State.

No person shall possess, sell, offer for sale, import, bring, or cause to be brought or imported into this State, or release or place into any waters of this State any of the following plants:
(1) Water Hyacinth
(2) Hydrilla Provided, however, that the department may issue special import permits to qualified persons for research purposes only.
The department shall prescribe the methods, control, and restrictions which are to be adhered to by any person or his agent to whom a special permit under the provisions of this section is issued. The department is authorized to promulgate such regulations as may be necessary to effectuate the provisions of this section and the department, by regulation, is specifically authorized to prohibit additional species of plants from being imported, possessed, or sold in this State when, in the discretion of the department, such species of plants are potentially dangerous.
HISTORY: 1983 Act No. 10, Section 1; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1420. Poisoning waters, or producing electric currents or physical shocks to catch fish unlawful.

It is unlawful to poison the streams or waters of the State in any manner whatsoever for the purpose of taking fish or to introduce, produce or set up electrical currents or physical shocks, pressures or disturbances therein for the purpose of taking fish. The muddying of streams or ponds or the introduction of any substance which results in making the fish sick, so that they may be caught, is hereby declared to be "poisoning" in the sense of this section. No sawdust, acid or other injurious substance shall be discharged into any of the streams of the State where fish breed or abound. For a violation of this section the person so violating it shall be fined not less than twenty-five dollars nor more than three hundred dollars or be imprisoned for not less than one day nor more than thirty days.
HISTORY: 1962 Code Section 28-672; 1952 Code Section 28-672; 1951 (47) 408; 1952 (47) 2179; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1430. Casting impurities in waters prohibited.

Should any person cause to flow into or be cast into any of the creeks, streams or inland waters of this State any impurities that are poisonous to fish or destructive to their spawn, such person shall, upon conviction thereof, be punished with a fine of not less than five hundred dollars or imprisonment of not less than six months in the county jail.
HISTORY: 1962 Code Section 28-673; 1952 Code Section 28-673; 1942 Code Section 1772-7; 1932 Code Section 1819; Cr. C. '22 Section 789; Cr. C. '12 Section 772; Cr. C. '02 Section 519; G. S. 1671; R. S. 405; 1726 (3) 270; 1871 (15) 661; 1934 (38) 1415; 1952 (47) 2179; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1440. Using explosives to take fish unlawful.

It shall be unlawful for any person to use dynamite, gun powder, lime or any other explosive in or about any of the streams or waters in this State to take or secure fish, to cause or to procure the same to be done, to aid, assist or abet anyone in so doing or to have in his possession dynamite or any other explosive or explosive device in any paddling boat, sailboat, motorboat, raft or barge usually used for fresh-water fishing in any of the rivers, lakes, streams or waters within this State. Any person using explosives for the taking of fish or having in his possession explosives in a paddling boat, motorboat, sailboat, raft or barge commonly used for fresh-water fishing in any of the rivers, lakes, streams or waters within this State shall be guilty of a misdemeanor and, upon his conviction, shall be sentenced to serve a term at hard labor on the chain gang or in the Penitentiary or to pay a fine as follows, to wit: For the first offense a period of not more than three months or a fine of not more than five hundred dollars; for the second offense a period of one year or a fine of one thousand dollars; and for the third offense a period of two years or a fine of two thousand five hundred dollars.
HISTORY: 1962 Code Section 28-674; 1952 Code Section 28-674; 1951 (47) 251; 1952 (47) 2179; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1450. Repealed by 2012 Act No. 114, Section 8, eff July 1, 2012.

Editor's Note
Former Section 50-13-1450 was entitled "Prima facie evidence of using explosives to take fish" and was derived from 1962 Code Section 28-674.1; 1952 Code Section 28-674.1; 1951 (47) 251; 1952 (47) 2179; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1460. Penalty for conviction of use of explosives to take fish.

A person convicted of violating any of the provisions of Section 50-13-1440 is prohibited from hunting or fishing within the State for five years, and both his hunting and fishing license, if either has been issued to him, must be immediately revoked upon his conviction. A person who fishes or hunts within the State after he has been convicted of violating the provisions of Section 50-13-1440 within the five-year period is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years.
HISTORY: 1962 Code Section 28-675; 1952 Code Section 28-675; 1951 (47) 251; 1952 (47) 2179; 1993 Act No. 184, Section 247; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1470. Failure to report use of explosives to take fish.

A person who sees another person violating the provisions of Section 50-13-1440 and fails, within two weeks, to report the violation to an enforcement officer, sheriff, or some other law enforcement officer within the county in which the violation occurred is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years.
HISTORY: 1962 Code Section 28-676; 1952 Code Section 28-676; 1948 (45) 1759; 1951 (47) 251; 1952 (47) 2179; 1993 Act No. 184, Section 248; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1480. Informers not subject to criminal prosecution or civil suit.

Any person who shall swear out a warrant, give information or testify as a witness against anyone for violating Section 50-13-1440 shall not be subject to a criminal prosecution for slander or malicious prosecution, neither shall he be subject to a civil action for damages in any court of competent jurisdiction for any alleged damages to the person so accused growing out of or in connection with such use of explosives.
HISTORY: 1962 Code Section 28-677; 1952 Code Section 28-677; 1948 (45) 1759; 1951 (47) 21; 1952 (47) 2179; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1610. Sale or traffic in certain game fish unlawful; penalties.

It is unlawful to sell, offer for sale, barter, traffic in, or purchase any fish classified as a game fish under the provisions of this title taken from the freshwaters of this State except as allowed by this title. 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.
HISTORY: 1962 Code Section 28-691; 1952 Code Section 28-691; 1942 Code Section 1773-2; 1939 (41) 353; 1952 (47) 2179; 1955 (49) 478; 1959 (51) 346; 1974 (58) 2800; 1993 Act No. 181, Section 1263; 2003 Act No. 60, Section 5; 2012 Act No. 114, Section 5, eff July 1, 2012; 2022 Act No. 137 (H.4907), Section 11, eff April 11, 2022.
Effect of Amendment
The 2012 amendment made no apparent changes.
2022 Act No. 137, Section 11, in the first undesignated paragraph, in the first sentence, substituted "traffic in" for "trafficking in" and "taken from the freshwaters of this State except as allowed by this title" for "except as allowed by this title regardless of where caught".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1615. Freshwater nongame fish sale requirements.

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.
HISTORY: 2010 Act No. 200, Section 11, eff May 28, 2010; 2012 Act No. 114, Section 5, eff July 1, 2012.
Effect of Amendment
The 2012 amendment made no apparent changes.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1635. Release of aquatic species and nonindigenous fish into waters.

(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.
HISTORY: 2012 Act No. 114, Section 5, eff July 1, 2012.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1660 to 50-13-1760. Omitted by 2012 Act No. 114, Section 5, eff July 1, 2012.

Editor's Note
Former Section 50-13-1660 was entitled "Searches, seizures, and forfeitures" and was derived from 1962 Code Section 28-695; 1952 Code Section 28-695; 1942 Code Section 1773-5; 1932 (37) 1480; 1952 (47) 2179; 1993 Act No. 181, Section 1263.
Former Section 50-13-1670 was entitled "Shipments of certain fish and fish eggs originating and terminating outside of the State" and was derived from 1962 Code Section 28-696; 1952 Code Section 28-696; 1942 Code Section 1773-5; 1932 (37) 1480; 1952 (47) 2179; 1993 Act No. 181, Section 1263.
Former Section 50-13-1760 was entitled "Sale of white perch; invoice required for imported fish; penalties" and was derived from 1981 Act No. 161, Section 1; 1982 Act No. 362, Section 1; 1991 Act No. 57, Section 3; 1993 Act No. 181, Section 1263; 1996 Act No. 236, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1910. State assent to act of Congress providing aid in fish restoration and management projects; funding.

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.
HISTORY: 1962 Code Section 28-710; 1952 Code Section 28-710; 1951 (47) 81; 1952 (47) 2890; 1972 (57) 2431; 1993 Act No. 181, Section 1263; 2012 Act No. 114, Section 6, eff July 1, 2012.
Effect of Amendment
The 2012 amendment inserts "must" for "shall" throughout section and makes other, nonsubstantive, changes.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1920. Acquisition of land for fish hatcheries or nurseries, generally.

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.
HISTORY: 1962 Code Section 28-711; 1952 Code Section 28-711; 1942 Code Section 1774; 1934 (38) 1348; 1952 (47) 2179; 1972 (57) 2431; 1987 Act No. 173, Section 31; 1993 Act No. 181, Section 1263; 2012 Act No. 114, Section 6, eff July 1, 2012.
Effect of Amendment
The 2012 amendment made no apparent changes.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1930. Omitted by 2012 Act No. 114, Section 6, eff July 1, 2012.

Editor's Note
Former Section 50-13-1930 was entitled "Acquisition of land for United States fish hatcheries" and was derived from 1962 Code Section 28-712; 1952 Code Section 28-712; 1942 Code Section 1774-2; 1932 Code Section 3294; 1930 (36) 1116; 1952 (47) 2179; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1935. Fees charged for stocking fish in private water bodies and nonnavigable waters.

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.
HISTORY: 1983 Act No. 151, Part II, Section 13; 1986 Act No. 375, Section 1; 1993 Act No. 181, Section 1263; 2012 Act No. 114, Section 6, eff July 1, 2012.
Effect of Amendment
The 2012 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1936. Fees for operation of Walhalla Fish Hatchery.

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.
HISTORY: 1987 Act No. 170, Part II, Section 19; 1993 Act No. 181, Section 1263; 2012 Act No. 114, Section 6, eff July 1, 2012.
Effect of Amendment
The 2012 amendment substituted "If" for "In the event".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1940. Permits to collect freshwater fish for scientific purposes.

(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.
HISTORY: 1962 Code Section 28-715; 1952 Code Section 28-715; 1942 Code Section 1812; 1932 Code Section 3295; 1931 (37) 309; 1952 (47) 2890; 1993 Act No. 181, Section 1263; 2012 Act No. 114, Section 6, eff July 1, 2012.
Effect of Amendment
The 2012 amendment rewrote this section.