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South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 1 - BOATING DIVISION › Section 123-11 - Garden City Canal (Murrel's Inlet Area)-Restriction of Watercraft

Current through Register Vol. 48, No. 6, June 28, 2024
The use of watercraft will be restricted in the waters in the
				Garden City Canal, in the Murrels Inlet Area, of Georgetown County and Horry
				County, S.C. The Garden City Canal begins at a point on Main Creek (near the
				Mouth of Murrells Inlet), runs parallel to the Atlantic Ocean to a point on the
				highway and causeway from the mainland to Garden City (S.C. Highway Number
				26-51), and runs parallel to such highway and causeway to a point on Main Creek
				near the bridge of S.C. Highway Number 26-51.
No person shall water ski or ride on a surfboard or similar
				object in the Garden City Canal except during the time of each day from one and
				one-half (1 1/2 ) hours before and after the mean high tide of the Garden City
				Canal. There shall not be any water skiing on any such object outside of the
				wake of the boat pulling the water skier.
The regulated areas of Garden City Canal shall be identified by
				appropriate signs and markers. The signs and markers shall conform to the
				system of aids to navigation prescribed by the U.S. Coast Guard and to the
				system of uniform waterway markers approved by the advisory panel of State
				officials to the Merchant Marine Council, U.S. Coast Guard, in October
				1961.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 1 - BOATING DIVISION › Section 123-14 - Lake Marion (Cantey Bay)-Restriction of Watercraft

Current through Register Vol. 48, No. 6, June 28, 2024
The use of watercraft will be restricted in the waters in a 318
				acre area on the west side of Cantey Bay, Lake Marion, Clarendon County, S.C.,
				from 1 November through 15 March of each year. The restricted or controlled
				area lies north of U.S. Highway Numbers 15 and 301, on the west side of Cantey
				Bay, and adjacent to the Bluff Unit of the Santee National Wildlife Refuge. For
				a more detailed description as to the courses, metes and bounds of the area
				herein restricted, reference may be had to the plat prepared by the U.S.
				Department of the Interior, Fish and Wildlife Service, entitled "Santee
				National Wildlife Refuge", showing an enclosed area of 318 acres within "Cantey
				Bay", and with the Legend "Area closed to boat traffic from November 1 to March
				15 each year".
No person shall operate any vessel in the restricted or
				controlled 318 acre area of Cantey Bay, Clarendon County, S.C., from 1 November
				through 15 March of each year.
The regulated area of Cantey Bay shall be identified by
				appropriate signs and markers. The signs and markers shall conform to the
				system of aids to navigation prescribed by the U.S. Coast Guard and to the
				system of uniform waterway markers approved by the advisory panel of State
				officials to the Merchant Marine Council, U.S. Coast Guard. The regulated area
				lines will be posted with standard "Closed Area" signs during that period of
				the year when boat use is prohibited.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 1 - BOATING DIVISION › Section 123-16 - Lake Hartwell

Current through Register Vol. 48, No. 6, June 28, 2024
All aids to navigation and regulatory markers erected by the
				Corps of Engineers on Lake Hartwell pursuant to Federal Law are hereby declared
				to be S.C.W.M.R.D. aids to navigation and regulatory markers pursuant to
				Section
				50-21-710,
				1976 S.C. Code of Laws, and are hereby declared to be the law of the
				State.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 1 - BOATING DIVISION › Section 123-18 - Lake Marion (Pine Island Unit) (Cantey Bay)

Current through Register Vol. 48, No. 6, June 28, 2024
Watercraft is restricted in certain portions of Lake Marion in
				Clarendon County from November 1 to February 28 of each year, except property
				owners and leasees adjacent to Cantey Bay with special permission from the U.S.
				Fish and Wildlife Service. The controlled area shall include a section of the
				Pine Island Unit, and an area between 100 Acre Island and Round Island.
(For a complete text, see copy on file in the office of the
				Secretary of State.)
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 1 - BOATING DIVISION › Section 123-19.32 - State Waterways Uniform Marking System

Current through Register Vol. 48, No. 6, June 28, 2024
Pursuant to Section
				50-21-710
				which requires that a uniform marking system of state waterways be compatible
				with the system prescribed by the United States Coast Guard for the marking of
				state waters; and the United States Coast Guard having promulgated the system
				known as the Uniform State Waterway Marking System for the marking of State
				waterways ( 33CFR66 ); and, the State being the recipient of Federal Boating
				Funds under a program requiring the marking of state waters with aids to
				navigation, a federal grant program of the type described in Section
				1-23-120,
				Code of Laws of South Carolina (1976) as amended.
The Uniform State Waterway Marking System, as described in
				33CFR66, is adopted to be the system used to mark the waters of this State in
				compliance with Section
				50-21-710.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 2 - MARINE RESOURCES DIVISION › Section 123-26 - Point of Juncture of Bull Creek and Waccamaw River Established

Current through Register Vol. 48, No. 6, June 28, 2024
The point of junction of Bull Creek and Waccamaw River is the
				40-mile limit referred to in subsection (1) of Section 50-17-240, Code of Laws
				of South Carolina, 1976, relating to the open and closed seasons on
				shad.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 2 - MARINE RESOURCES DIVISION › Section 123-29 - One-Quarter Mile Off-Shore Line

Current through Register Vol. 48, No. 6, June 28, 2024
If the place from which the one-quarter mile off-shore line is
				not designated by law it shall be measured from the mean low tide
				mark.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 2 - MARINE RESOURCES DIVISION › Section 123-34 - Shellfish Permits

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Qualifications and requirements for shellfish permit applicants:
(1) The applicant for a commercial shellfish
			 permit must have a wholesale seafood dealer's license and shellfish house or
			 processing facility certified by the S. C. Department of Health and
			 Environmental Control or submit a sworn affidavit that all shellfish harvested
			 for sale will be handled through a bona fide shellfish dealer having an
			 approved facility.
(2) The
			 applicant for a commercial shellfish permit must be able to meet all
			 regulations of the S. C. Department of Health and Environmental Control which
			 pertain to his operations or place of business.
(3) The applicant must satisfy the Division
			 that he has sufficient shellfish culture experience and will directly manage
			 and supervise the cultivation of the permit area applied for himself, or will
			 employ a qualified individual as manager within three months following the date
			 that the permit becomes effective.
(4) The applicant must own and employ or
			 provide assurance that he is capable of acquiring the necessary equipment and
			 personnel to effectively harvest and manage the area(s) in question. Minimum
			 requirements pertinent to effectively harvest and meet shell or seed planting
			 quotas for the area(s) applied for will be determined by the
			 Division.
(5) The applicant must
			 possess all shellfish licenses and permits required by the Division and any
			 other State and Federal Agency, or be qualified to obtain same following the
			 granting of the permit(s), and prior to working the permit area.
(6) If an applicant has any existing
			 shellfish permit(s) or has formerly held any permit(s) or lease(s), his past
			 performance record in managing said area(s) (shell planting, production, etc.)
			 and in meeting the Division's reporting requirements will be evaluated and
			 given due consideration in determining whether he shall be granted additional
			 permit(s). In the event that an individual who is not fully utilizing his
			 existing permit grounds has applied for an available area and another
			 individual has applied for the same area who has no permit but meets all the
			 necessary requirements, the permit will be granted to the latter
			 applicant.
(7) In cases where two
			 or more individuals apply for a permit for the same area who are in the opinion
			 of the Division equally qualified, the granting of the permit may be determined
			 by lottery.
(8) The order in which
			 applications are received will have no bearing on the granting of a permit as
			 long as said applications are filed in a timely manner.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 2 - MARINE RESOURCES DIVISION › Section 123-36 - Duration of Commercial Shellfish Culture and Mariculture Permits

Current through Register Vol. 48, No. 6, June 28, 2024
For purposes of five year shellfish culture and mariculture
				permits issued pursuant to S.C. Code Section
				50-5-900,
				the first year of the five year period shall end on December 31, regardless of
				the month and day of permit issuance.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 3 - WILDLIFE AND FRESH WATER FISHERIES DIVISION-HUNTING REGULATIONS › Subarticle 1 - HUNTING IN WILDLIFE MANAGEMENT AREAS › Section 123-40 - Wildlife Management Area Regulations

Current through Register Vol. 48, No. 6, June 28, 2024
1.1 The regulations governing hunting including prescribed schedules and seasons, methods of hunting and taking wildlife, and bag limits for Wildlife Management Areas and special restrictions for use of WMA lands are as follows:
A. Game Zone 1
1. US Forest Service WMA lands (Sumter National Forest)
(a) Hunting on Sundays will be allowed for all species beginning October 15 and continuing through the last day of January subject to seasons and bag limits as specified below.
(b) Primitive Weapons Hunts for Deer
(i) Oct. 1 - Oct. 10
(c) Still Gun Hunts for Deer
(i) Oct. 11 through Oct. 16; Oct. 31 - Jan. 1
(d) Archery Hunts for Deer
(i) Oct. 17-Oct. 30
(e) Still Gun Hunts for Bear
(i) Game Zone 1 seasons and bag limits apply
(f) Special Party Dog Hunt for Bear
(i) Game Zone 1 seasons and bag limits apply
(g) Small Game
(i) Game Zone 1 seasons and bag limits apply
(h) Hog Hunts with Dogs
(i) Jan. 2 - Jan. 10, Mar. 20 - Mar. 28
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 3 - WILDLIFE AND FRESH WATER FISHERIES DIVISION-HUNTING REGULATIONS › Subarticle 1 - HUNTING IN WILDLIFE MANAGEMENT AREAS › Section 123-46 - Rules and Regulations Governing the Issuance of Deer Depredation Permits

Current through Register Vol. 48, No. 6, June 28, 2024
1. Any person suffering excessive damage to crops and property caused by deer may apply to the Department for a deer depredation permit as prescribed in Section 50-11-1090, 1976 South Carolina Code of Laws.
2. Applications for deer depredation permits shall be made to the Department in writing signed by the applicant and contain the following information:
a. a concise statement specifically describing damage or destruction being suffered by the applicant;
b. a specific description of the property or crop which is suffering the damage or destruction;
c. if the applicant is not the landowner of the property for which the deer depredation permit application is being made, the applicant, by signing the application, affirms that he has the landowner's permission to execute a deer depredation permit on the specified property;
d. if the applicant does not intend to remove the deer himself, he must give the complete names and Department customer identification numbers or drivers license numbers of the persons whom the applicant has designated to take the deer which are causing damage to the subject property.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 3 - WILDLIFE AND FRESH WATER FISHERIES DIVISION-HUNTING REGULATIONS › Subarticle 2 - CROW HUNTING SEASON › Section 123-50 - Crow Hunting Season

Current through Register Vol. 48, No. 6, June 28, 2024
The following rules and regulations shall hereby be provided
				  for the hunting of crows in this State.
1. Crows shall not be hunted from
				aircraft.
2. The hunting season in
				this State shall extend from Nov. 1 until Mar. 1 of each year.
3. The penalty for the violation of these
				rules and regulations is that prescribed by 50-11-10 of the 1976
				Code.
4. Crow hunting on WMAs is
				allowed during the small game season for each WMA. No hunting before Nov. 1 or
				after Mar. 1.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 3 - WILDLIFE AND FRESH WATER FISHERIES DIVISION-HUNTING REGULATIONS › Subarticle 3 - OTHER BIG GAME › Section 123-51 - Turkey Hunting Rules and Seasons

Current through Register Vol. 48, No. 6, June 28, 2024
1. Total limit of 3 turkeys statewide per person for resident hunters and 2 turkeys statewide per person for nonresident hunters, 1 per day, gobblers (male turkeys) only, unless otherwise specified. Total statewide limit includes turkeys harvested on Wildlife Management Areas (WMAs). Small unnamed WMAs in counties indicated are open for turkey hunting. Turkey seasons and bag limits for Wildlife Management Area lands are as follows:
A. Game Zone 1
1. Other WMAs
(a) Apr. 1 - April 30
(b) Bag limit 3 for residents and 2 for nonresidents, no more than one may be taken April 1 - 10.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 3 - WILDLIFE AND FRESH WATER FISHERIES DIVISION-HUNTING REGULATIONS › Subarticle 3 - OTHER BIG GAME › Section 123-52 - Individual Antlerless Deer Tags, Antlerless Deer Limits for Private Lands in Game Zones 1-4, and Youth Deer Hunting Day

Current through Register Vol. 48, No. 6, June 28, 2024
1. Individual Antlerless Deer Tags are valid in Game Zones 2 - 4 beginning September 15 and in Game Zone 1 beginning October 1. Individual Antlerless Deer Tags are not valid on properties enrolled in the Deer Quota Program. Individual Antlerless Deer Tags do not alter the daily (2 per day) or seasonal limit or change the type of weapons that can be used during special weapons seasons. The 2 free bonus Individual Antlerless Deer Tags that are issued to hunters who purchase 4 individual Antlerless Deer Tags are valid only on private land in Game Zones 2, 3 and 4.
2. Antlerless Deer Limits: Game Zone 1 - Three (3) total for all seasons and weapons combined, no more than 2 per day. Game Zones 2, 3 and 4, eight (8) for all seasons and weapons combined, no more than 2 per day. Game Zone season and daily limits do not apply on properties enrolled in the Deer Quota Program.
3. On special mobility impaired and youth deer hunts sanctioned by the Department and during the statewide youth deer hunt day prescribed by the Department, participants may take 2 deer total, either sex. The Statewide Youth Deer Hunt Day on private land and designated Wildlife Management Areas shall be the Saturday immediately following January 1.
4. All antlerless deer must be tagged as prescribed by the Department immediately after harvest and before being moved from the point of kill and the tag must be validated as prescribed by the Department. A valid tag must remain attached until the deer or carcass is quartered or received by a processor.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 3 - WILDLIFE AND FRESH WATER FISHERIES DIVISION-HUNTING REGULATIONS › Subarticle 3 - OTHER BIG GAME › Section 123-53 - Bear Hunting Rules and Seasons

Current through Register Vol. 48, No. 6, June 28, 2024
1. In Game
				Zone 4, the open season for taking bear in Florence, Georgetown County, Horry
				County, Marion County and Williamsburg County on private and WMA land for still
				gun hunts is October 17 - October 30. Bear hunting is allowed on the following
				WMAs in those counties: Cartwheel Bay Heritage Preserve WMA, Lewis Ocean Bay
				Heritage Preserve WMA, Little Pee Dee River Heritage Preserve Complex, Waccamaw
				River Heritage Preserve WMA, and Wee Tee WMA.
2. In Game Zone 2 the open season for taking
				bear on private land in Spartanburg County and those portions of Anderson,
				Oconee, Pickens, and Greenville counties south of Game Zone 1 for still gun
				hunts is October 17 - October 30.
3. Legal weapons for bear hunting on private
				lands include archery equipment, muzzleloaders (.36 caliber or greater),
				centerfire rifles, centerfire handguns and shotguns with slugs or
				buckshot.
4. On WMA lands, weapons
				used to hunt bear are limited to the weapons that are allowed for the current
				open season for deer on each WMA.
5. Harvested bear must be reported to SCDNR
				by midnight of the day of harvest as prescribed by the Department.
6. All harvested bears must be tagged
				immediately after harvest and before being moved from the point of kill and the
				tag must be validated as prescribed by the SCDNR.
7. The harvest quota for areas open in Game
				Zone 4 is 30 bears for all counties and WMAs combined. The harvest quota for
				areas open in Game Zone 2 is 20 bears for all counties combined. If the bear
				quota is met in a Game Zone prior to October 30, the season will close in that
				Game Zone 24 hours following a season closure notice. Hunters are responsible
				for monitoring the season status as prescribed by the Department.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 3 - WILDLIFE AND FRESH WATER FISHERIES DIVISION-HUNTING REGULATIONS › Subarticle 3 - OTHER BIG GAME › Section 123-54 - Chronic Wasting Disease Prevention, Unauthorized Cervid Parts, Use and Possession of Excretions and Carcass Importation Regulations

Current through Register Vol. 48, No. 6, June 28, 2024
Section 1. Definitions
1. "Cervid" means a member of the family
				Cervidae.
2. "Chronic wasting
				disease (CWD)" means a fatal neurological disease of cervids belonging to a
				group of diseases called transmissible spongiform encephalopathies.
3. "Clean" means having no meat or other
				tissues attached to the carcass part.
4. "Infected state" means a state of the
				United States or province of Canada that has a known case of chronic wasting
				disease.
5. "Importation" means the
				transportation of a cervid carcass or carcass part into this State.
6. "Whole" means the entire carcass whether
				eviscerated or not, prior to the carcass being processed.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 3 - WILDLIFE AND FRESH WATER FISHERIES DIVISION-HUNTING REGULATIONS › Subarticle 3 - OTHER BIG GAME › Section 123-55 - Regulations for the use of fertility control or other chemical substances in wildlife (50-11-96)

Current through Register Vol. 48, No. 6, June 28, 2024
A permit is not required by a licensed pesticide applicator
				  using registered pesticides for the control of English sparrows, feral pigeons,
				  and European starlings.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 3 - WILDLIFE AND FRESH WATER FISHERIES DIVISION-HUNTING REGULATIONS › Subarticle 3 - OTHER BIG GAME › Section 123-60 - Homemade Watercraft

Current through Register Vol. 48, No. 6, June 28, 2024
A. To
				title and register a homemade watercraft, the vessel must first meet the
				definition of a watercraft and must have an operator's position from which the
				operator is afforded unobstructed forward visibility to each side of center
				line for at least seventy degrees and the operator must have unobstructed
				lateral visibility to each side of centerline at ninety degrees from the
				operator's position.
B. Any
				watercraft that is capable of being used as a homemade houseboat must also
				comply with any legal requirements for a marine toilet.
C. A floating dock cannot be titled or
				registered as a watercraft.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 3 - WILDLIFE AND FRESH WATER FISHERIES DIVISION-HUNTING REGULATIONS › Subarticle 9 - VICTORIA BLUFF NATURAL AREA › Section 123-96 - Field Trials

Current through Register Vol. 48, No. 6, June 28, 2024
1. It shall be
				unlawful for any person to conduct or participate in any field trial unless a
				permit for such trial has been obtained from the Department.
2. No wildlife may be taken during a field
				trial except during the open season for such species, except during permitted
				bird dog trials.
3. Requests for
				field trial permits must be submitted to the Department at least fourteen (14)
				days prior to the proposed trial date. Requests shall include payment of five
				dollars ($5.00) per trial, the time and location of the proposed
				trial.
4. Field trial permittees
				may be required to maintain records and file reports with the
				Department.
5. Field trial permits
				may be issued by the Department for private lands outside of the regular
				season.
6. There shall be no field
				trials conducted on Wildlife Management Areas outside of the regular season,
				except as permitted by the Department on the H. Cooper Black Memorial Field
				Trial and Recreation Area at Sand Hills State Forest.
7. Any person participating in any field
				trial permitted by the Department shall not be required to procure a hunting
				license if the participant is not carrying a firearm and no game is
				taken.
8. The Department may
				restrict or deny permits for field trials at its discretion.
Statutory Authority: 1976 Code Section
					 50-11-2100
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 4 - GAME AND FRESH WATER FISHERIES DIVISION-FISHING DIVISION › Section 123-108 - Sale of Trout at Fairs

Current through Register Vol. 48, No. 6, June 28, 2024
1. The
			 Department shall have authority to issue a special permit to any state, county
			 or local fair, circus or temporary or travelling amusement center or show to
			 allow the sale of hatchery raised trout to patrons thereof whereby such fish
			 are displayed in a tank or holding apparatus taken by rod and reel or hook and
			 line by customers and kept by the taker.
2. The Department may specify the conditions
			 under which the activity may be conducted including but not limited to the type
			 of tank and method of display that may be utilized, method by which such fish
			 may be taken, hours of operation, records that must be kept, marking or
			 identification procedures required including wrapping and packaging of any fish
			 so taken. The Department may grant or deny any application for such a permit,
			 and may revoke any permit so issued upon breach of any condition or requirement
			 established.
3. No fishing license
			 shall be required of customers and patrons of such an activity when the
			 required special permit has been obtained.
4. The Department shall have authority at all
			 times to inspect the premises whereupon said activity is to be or is being
			 conducted for inspection purposes.
5. All other State laws pertaining to the
			 raising, selling and shipping of trout shall be in effect.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 4 - GAME AND FRESH WATER FISHERIES DIVISION-FISHING DIVISION › Section 123-127 - Taking Eels and Catfish in Certain Waters

Current through Register Vol. 48, No. 6, June 28, 2024
1. This rule and regulation regulates the
			 taking of eels in the following waters of this State: In Lake Marion, Lake
			 Moultrie, the Diversion Canal connecting the lakes and the Tail Canal down to
			 the Seabord Coastal Railroad Bridge located three thousand three hundred
			 (3,300') feet downstream from the lock and deck of the Jeffries Hydro
			 Plant.
2. There shall be no limit
			 on the number of eels taken.
3. All
			 persons actively engaged in the taking of eels in such waters are required to
			 have a valid S. C. statewide fishing license as provided for under Section
			 50-9-450.
4. Eels may be taken legally from those
			 waters subject to this rule and regulation only with the following equipment
			 and gear:
a. Pots and baskets not to exceed
			 two (2') feet in diameter and four (4') feet in length with bar mesh of not
			 less than one (1"') inch square. Each such pot or basket shall be tagged and
			 marked in accordance with the provisions of Sections 50-19-2910 and 50-19-2920,
			 with the cost of each such tag being one ($1.00) dollar.
Provided, that no pots or baskets may be set or used in the
				Tail Canal and the tributaries thereto; and no pots or baskets shall be allowed
				to be set or used within one-quarter ( 1/4 ) of a mile of shore in Lake Marion
				and Lake Moultrie.
b. Hand
			 operated dip nets not to exceed two (2') feet in diameter.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 4 - GAME AND FRESH WATER FISHERIES DIVISION-FISHING DIVISION › Section 123-131 - Creel Limits and Bait/Lure Restrictions in Portions of Chattooga River, Cheohee Creek (Oconee County) and Middle Saluda River (Greenville County)

Current through Register Vol. 48, No. 6, June 28, 2024
1. It shall be
			 lawful to use or possess only artificial lures with single hooks, and all
			 coldwater trout caught must be released immediately, during the period November
			 1 through May 14 inclusive to wit:
a. That
			 portion of Chattooga River from South Carolina Highway 28 upstream (approx.
			 2-miles) to the confluence of Reed Creek (Big Creek) and Chattooga River. That
			 portion of Cheohee Creek (approximately 1 stream mile) within the property
			 boundary(s) of Piedmont Forestry Center, owned and operated by South Carolina
			 Forestry Commission.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 5 - NON-GAME AND ENDANGERED SPECIES › Section 123-150 - Non-Game and Endangered Species

Current through Register Vol. 48, No. 6, June 28, 2024
1.
			 The following list of species or subspecies of non-game wildlife are faced with
			 extinction in the foreseeable future and are added to the official State List
			 of Endangered Wildlife Species of South Carolina.
I. Birds
1.
			 Bachman's Warbler (Vermivora bachmanii)
2. Bewick's Wren (Thryomanes
			 bewickii)
3. Eskimo Curlew
			 (Numenius borealis)
4. Kirtland's
			 Warbler (Dendroica kirtlandii)
5.
			 Piping Plover (Charadrius melodus)
6. Red-cockaded Woodpecker (Picoides
			 borealis)
7. Swallow-tailed Kite
			 (Elanoides forficatus)
8. Wood
			 Stork (Mycteria americana)
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 5 - NON-GAME AND ENDANGERED SPECIES › Section 123-150.1 - Cheloniidae and Dermochelyidae (Sea Turtles)

Current through Register Vol. 48, No. 6, June 28, 2024
1. The remaining species of the families
			 Cheloniidae and Dermochelyidae (sea turtles) not listed in South Carolina
			 Wildlife and Marine Resources Department Regulation Regulation
			 123-150
			 are considered threatened and in need of management.
2. That is shall be unlawful for any person
			 to take, possess, barter, trade, transport, export, process, sell or offer for
			 sale or ship, and for any contract carrier knowingly to transport or receive
			 for shipment any such species or products or parts or eggs thereof except by
			 permit for scientific or educational purposes issued by the South Carolina
			 Wildlife and Marine Resources Department, except that incidental catch of sea
			 turtles while engaged in otherwise legal fishing, trawling or research
			 activities at sea would be exempt under the taking clause of this
			 regulation.
3. Sea turtles captured
			 incidentally to legal fishing and/or research activities which appear vigorous
			 when removed from the net, will be immediately returned to the water,
			 exercising due care to prevent injury. Release should be from a location on the
			 vessel which will minimize the possibility of the turtle being damaged by the
			 vessel's propeller. The release will be made only when all sets of trawl doors
			 or otter boards are hanging from the boom or outriggers.
4. Sea turtles which show no sign of life or
			 those that are obviously weak, will be turned on their back and held on deck
			 until they regain their strength or it appears that the turtle is definitely
			 dead. In no cases, will weakened or apparently dead turtles be released until
			 they have been held on deck for 30 minutes and attempts at revival have been
			 made, i.e., pressing or pumping plastron (belly shell) to expel water and
			 stimulate breathing.
5. That the
			 penalty for the violation of this Rule and Regulation shall be prescribed by
			 Section
			 50-15-80,
			 1976 South Carolina Code of Laws, as amended.
6. That except as modified or changed hereby,
			 all prevailing laws, rules and regulations concerning wildlife in South
			 Carolina shall remain in full force and effect.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 5 - NON-GAME AND ENDANGERED SPECIES › Section 123-150.2 - Birds, Fish, Reptiles, Amphibians and Mammals

Current through Register Vol. 48, No. 6, June 28, 2024
The following list of species or subspecies of non-game
				wildlife are considered to be threatened and are added to the official state
				list of Non-game Species in Need of Management.
I. Birds
1.
			 American Peregrine Falcon (Falco peregrines anatum)
2. Bald Eagle (Haliaeetus
			 leucocephalus)
3. Bewick's Wren
			 (Thryomanes bewickii)
4. Common
			 Ground Dove (Columbina passerina)
5. Least Tern (Sterna albifrons)
6. Wilson's Plover (Charadrius
			 wilsonia)
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 5 - NON-GAME AND ENDANGERED SPECIES › Section 123-150.3 - Scientific Collecting Permit Required

Current through Register Vol. 48, No. 6, June 28, 2024
That a scientific collecting permit under the terms of Section
				50-11-2190, 1976 Code of Laws, shall be required for the collecting of all
				nongame species or subspecies of the Classes Pices (Fish), Amphibia
				(Amphibians), Reptilia (Reptiles), Aves (Birds) and Mammalia
				(Mammals).
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 5 - NON-GAME AND ENDANGERED SPECIES › Section 123-151 - Regulations for Species or Subspecies of Non-game Wildlife

Current through Register Vol. 48, No. 6, June 28, 2024
A. Alligator Harvest
1. The size and number of all alligators to
			 be taken will be specified by the Department on permits provided with harvest
			 tags. A permit holder may only take and/or possess alligators identified by the
			 Department and only in the manner specified by the Department.
2. All who take or attempt to take an
			 alligator must have a copy of the harvest permit along with an unused harvest
			 tag with them while afield.
3. Once
			 an alligator is killed and before it is transported, a harvest tag must be
			 attached and locked within six inches of the tip of the tail. In the event that
			 an alligator harvest tag is defective and is not usable for the purpose
			 intended, or becomes detached from the alligator hide, the Department must be
			 notified immediately. The Department will be responsible for the replacement of
			 defective, but not lost, tags. The alteration of harvest tags is strictly
			 prohibited.
4. Alligator meat may
			 be used by the harvester but cannot be bought, sold or bartered except as
			 provided in this regulation. All packages of meat not to be sold must have a
			 tag or label with the name of the harvester and the harvest tag number
			 attached.
5. Before shipping or
			 transporting outside of the USA, carcasses or hides must have CITES tags
			 attached. Anyone desiring to ship or transport such items from the country must
			 contact select Department offices for CITES validation and tagging.
6. Any alligator carcass, hide or part that
			 is not tagged, labeled or marked as required in this regulation is declared
			 contraband and must be confiscated.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 5 - NON-GAME AND ENDANGERED SPECIES › Section 123-151.1 - Regulations for Spotted Turtle (Clemmys guttata)

Current through Register Vol. 48, No. 6, June 28, 2024
A. Spotted Turtle Protection
1. A person shall not take, possess,
			 transport, import, export, process, sell, purchase, offer for sale, trade,
			 gift, barter, ship, or receive for shipment any spotted turtle (
Clemmys
			 guttata
) without a permit from the Department.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 5 - NON-GAME AND ENDANGERED SPECIES › Section 123-151.2 - Regulations for Southern Hognose Snake

Current through Register Vol. 48, No. 6, June 28, 2024
1. It is unlawful for any person to take,
			 possess, transport, import, export, process, sell, offer for sale, ship, or
			 receive for shipment any southern hognose snake without a permit from the
			 department. Permits will be issued only for research and educational
			 purposes.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 5 - NON-GAME AND ENDANGERED SPECIES › Section 123-151.4 - Possession Limits for Certain Native Reptiles and Amphibians

Current through Register Vol. 48, No. 6, June 28, 2024
A. A person shall
			 not possess any species listed as endangered or threatened and in need of
			 management pursuant to S.C. Code Sections
			 50-15-10,
et seq
. except by permit issued by the Department.
B. A person shall not possess more than 10
			 native turtles in aggregate.
C. Any
			 person in possession of more than 10 native turtles and in excess of the
			 established possession limits as of September 28, 2020 has 90 days from
			 September 28, 2020 to register with the Department the current number by
			 species of native turtles, both wild-caught and captive born, in their
			 possession. No additional turtles may be acquired until such time as the number
			 of turtles in possession is below the limit set in regulation.
D. A person shall not possess more than 2
			 eastern box turtles (
Terrapene carolina
). Any person in
			 possession of eastern box turtles in excess of the established possession
			 limits as of September 28, 2020 has 90 days from September 28, 2020 to register
			 with the Department the current number of eastern box turtles, both wild-caught
			 and captive born, in their possession. No new turtles may be acquired until
			 such time as the number of turtles in possession is below the limit set in
			 regulation. Registered turtles will be assigned a unique identification number
			 and must be shell notched with the identification number provided.
1. Permit applicants will shell notch turtles
			 in their possession as prescribed by the Department with the Department issued
			 identification numbers. Permit applicants must provide evidence of applied
			 shell notches and signed affidavit confirming all individual turtles in their
			 possession were shell notched as directed by the Department and that they
			 understand the regulations as they pertain to eastern box turtles. Upon
			 completion, the Department will issue a permit for the registered box
			 turtles.
2. Box turtle permit
			 holders will be required to submit an annual report on the status and number of
			 registered box turtles on a Department provided form.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 5 - NON-GAME AND ENDANGERED SPECIES › Section 123-152 - Regulations for Nonnative Wildlife

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 The Department has determined that the species designated as Restricted
			 Nonnative Wildlife have the potential to become established in this State in
			 sufficient numbers so as to become a nuisance and pose a demonstrable
			 deleterious and widespread threat to wildlife, agriculture, or human health and
			 safety. As used in this regulation, Restricted Nonnative Wildlife and the
			 associated Listing Date are:
1. Black and
			 White Tegu (
Salvator merianae
and, as used in this regulation,
			 their hybrids) (listing date: May 28, 2021)
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 5 - NON-GAME AND ENDANGERED SPECIES › Section 123-160 - Vultures, Kites, Hawks, Eagles, Ospreys, Falcons, and Owls

Current through Register Vol. 48, No. 6, June 28, 2024
1. The following
			 list of species or subspecies of nongame wildlife are in need of management, to
			 wit: All species of the Order Falconiformes (vultures, kites, hawks, eagles,
			 ospreys, falcons) and all species of the Order Strigifornes (owls).
2. It shall be unlawful for any person to
			 take, possess, transport, export, process, sell or offer for sale or ship, and
			 for any contract carrier knowingly to transport or receive for shipment any
			 such species or products or parts thereof except by permit for scientific,
			 educational or falconry purposes issued by the South Carolina Wildlife and
			 Marine Resources Department.
3. The
			 penalty for the violation of this section shall be that prescribed by Section
			 50-15-80
			 of the 1976 Code.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 5 - NON-GAME AND ENDANGERED SPECIES › Section 123-170 - South Carolina State Falconry Regulations

Current through Register Vol. 48, No. 6, June 28, 2024
A. Definitions
(1) "Raptor"--means a live migratory bird of
			 the Order Falconiformes or the Order Strigiformes, other than a bald eagle
			 (Haliaeetus leucocephalus).
(2)
			 "Take"--means to trap or capture, or attempt to trap or capture a raptor for
			 the purpose of falconry.
(3)
			 "Falconry"--means the hunting of wild quarry in its natural state and habitat
			 by means of a trained bird of prey or raptor (Order Falconiformes or Order
			 Strigiformes) other than a bald eagle.
(4) "Service"--means the U.S. Fish and
			 Wildlife Service, U.S. Dept. of Interior.
(5) "Department"--means the South Carolina
			 Department of Natural Resources.
(6) "Permitted Wildlife Rehabilitator"--means
			 a person or organization that has been permitted by the state or federal
			 government to possess and rehabilitate raptors.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 5.5 - REGULATION OF REAL PROPERTY OWNED AND LEASED BY THE DEPARTMENT › Section 123-200 - Regulations Applicable to Wildlife Management Areas, Heritage Preserves and other lands owned by the Department of Natural Resources

Current through Register Vol. 48, No. 6, June 28, 2024
Applicability and Scope.
A. The purpose of this regulation is to
			 govern the conduct and activities of visitors to Wildlife Management Areas,
			 Heritage Preserves and other lands owned or leased by the Department of Natural
			 Resources. This regulation applies to all property owned or leased by the
			 Department of Natural Resources, including but not limited to wildlife
			 management areas, heritage preserves, boat landings, and game preserves or
			 reserves. Consistent with the restriction in Section
			 50-11-2215,
			 the application of this regulation shall not interfere with the use and
			 management of lands by a state agency charged with the management of those
			 lands as part of the functions of the agency authorized by law or with the
			 management and use by a landowner of his lands within the Wildlife Management
			 Area program. Application of this regulation to privately owned lands is
			 limited to those matters, uses, profits, or activities which the Department has
			 acquired through lease or other authorized means.
B. Regulations for the establishment of open
			 and closed seasons, bag limits, and methods for hunting and taking wildlife on
			 all Department owned wildlife management area lands, and for the protection,
			 preservation, operation, maintenance, and use of wildlife management area lands
			 not owned by the Department are stated in R.123-40.
			 The regulations below will apply to wildlife management area lands in addition
			 to R.123-40.
			 In case of any conflict with R.123-40,
			 this regulation will prevail.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 5.5 - REGULATION OF REAL PROPERTY OWNED AND LEASED BY THE DEPARTMENT › Section 123-202 - Hazard of Outdoor Activities and Liability

Current through Register Vol. 48, No. 6, June 28, 2024
Department land is made available to the general public for
				reasonable uses not prohibited by statute or regulation. These lands are held
				and maintained in a natural condition, except for uses requiring modification.
				Outdoor activities are not risk free. All members of the public using
				Department land and wildlife management area land must exercise due care in
				planning and carrying out any activities. Any person making use of Department
				land and wildlife management area land for any purpose does so at his own risk,
				and the Department shall not be liable in any respect for any loss, damage, or
				injury to person or property caused or occasioned thereby.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 5.5 - REGULATION OF REAL PROPERTY OWNED AND LEASED BY THE DEPARTMENT › Section 123-203 - General Regulation

Current through Register Vol. 48, No. 6, June 28, 2024
This section shall apply to all Wildlife Management Areas,
				Heritage Preserves and other lands owned by the Department.
A. Hunting, fishing, and taking game animals,
			 birds, fish, or other wildlife is allowed on Wildlife Management Areas that
			 have been designated as part of the Wildlife Management Area program. Hunting,
			 fishing, and taking shall be subject to all applicable statutes and
			 regulations, specifically including Reg.123-40.
B. All firearms must be unloaded and secured
			 in a weapons case except while legally hunting, unless otherwise legally
			 permitted. Target, skeet, trap, plinking, or any other type of shooting with
			 any firearm or weapon is allowed on designated shooting ranges. Except as
			 otherwise specifically authorized by South Carolina statute or this regulation,
			 weapons and firearms are not allowed on any heritage preserve. Possession of a
			 weapon or firearm is allowed on any heritage preserve designated by the
			 Department as a wildlife management area subject to the regulations.
C. Hiking is allowed subject to the following
			 restrictions or conditions:
(1) Hiking is
			 allowed. The Department may post or place signs declaring any area closed to
			 hiking;
(2) The use of all
			 designated hiking trails, except for posted multi-use trails is restricted
			 solely to foot travel and the legitimate activities associated with the pursuit
			 of hiking.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 5.5 - REGULATION OF REAL PROPERTY OWNED AND LEASED BY THE DEPARTMENT › Section 123-204 - Additional Regulations Applicable to Specific Properties

Current through Register Vol. 48, No. 6, June 28, 2024
A. Aiken County Gopher Tortoise Heritage Preserve.
(1) Bicycles may be ridden on hiking trails. Bicyclists may ride in groups no larger than five (5).
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 5.5 - REGULATION OF REAL PROPERTY OWNED AND LEASED BY THE DEPARTMENT › Section 123-205 - Special Events, Permit Requirements and Procedures, and Exceptions

Current through Register Vol. 48, No. 6, June 28, 2024
A. A special event
			 permit is required for all events occurring on Department land if one of the
			 following conditions exists:
(1) the
			 exclusive use of a facility or a specified land or water area is
			 required;
(2) an organized or
			 advertised competition will be conducted;
(3) sound will be amplified which may disrupt
			 area users; or
(4) temporary
			 structures, other than blinds or common camping equipment, will be
			 erected.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 5.5 - REGULATION OF REAL PROPERTY OWNED AND LEASED BY THE DEPARTMENT › Section 123-206 - Permits to Collect Plants, Animals, or Minerals or to Undertake Archeological Activities

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 Department may issue permits to collect plants, animals, or minerals or to
			 undertake research, survey, or archeological activities on Department land.
			 Permits may be issued only for activities relating to educational or scientific
			 purposes. Permits may be issued subject to the following conditions:
(1) Each application for a permit must be
			 submitted to the Department not less than 30 weekdays before the proposed
			 activity is to commence;
(2) A
			 performance deposit may be required as a condition of permit
			 issuance;
(3) The deposit will be
			 returned by the Department, provided the permittee has performed all permit
			 conditions;
(4) The permittee is
			 responsible for cleaning and safekeeping the land during and following the
			 activity, and the permittee will be responsible for any damage and for clean-up
			 costs incurred by the Department in connection with the activity;
(5) Permit holders may tag or mark wildlife
			 only as allowed under permit conditions.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 5.5 - REGULATION OF REAL PROPERTY OWNED AND LEASED BY THE DEPARTMENT › Section 123-207 - Exception for Non-Public Use Properties

Current through Register Vol. 48, No. 6, June 28, 2024
This regulation shall not be applicable to Department owned
				land used for such purposes as fish hatcheries, maintenance facilities, storage
				facilities, offices, residences, or similar facilities which are not open
				generally for public use or recreational purposes.
South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 5.5 - REGULATION OF REAL PROPERTY OWNED AND LEASED BY THE DEPARTMENT › Section 123-208 - Law Enforcement, Fire Fighting, and Emergency Activities

Current through Register Vol. 48, No. 6, June 28, 2024
This regulation shall not be construed or applied to prevent
				any authorized law enforcement, fire fighting, emergency, or rescue personnel
				from carrying out their official responsibilities.