(A) The following special provisions apply to shad and herring:
(1) It is unlawful to take shad by hook and line or by skim-bow net while operating or possessing any commercial fishing equipment for taking shad or herring.
(2) It is unlawful for a recreational fisherman to take shad or herring with any other fishing equipment except cast nets, skim-bow nets, and hook and line which includes rod and reel, provided that a properly licensed gill net may be used to take shad or herring for recreational purposes. Except from sanctuaries designated by the department, a recreational fisherman may take shad or herring:
(a) by hook and line and cast net at any time of the year,
(b) by skim-bow net from February 1 through April 30; and
(c) by licensed gill net during those times provided in this article for commercial fishing.
(3) It is unlawful to possess saltwater or freshwater gamefish or fishing tackle capable of taking saltwater or freshwater gamefish while taking or attempting to take shad or herring with gill nets.
(4) Nongame fish taken in lawfully fished shad or herring nets or skim-bow nets may be kept by the fisherman. Any Atlantic sturgeon caught during the closed season for Atlantic sturgeon and any gamefish must be returned immediately to the water.
(5) It is unlawful to set a net in a fixed position in the navigation channel of the Atlantic Intracoastal Waterway.
(6) A net used for shad in the territorial sea must have a stretched mesh size of no smaller than five and one-half inches and be freely drift fished. The gill net must not be staked or otherwise set in a fixed position, tied to a boat, or anchored in any manner or in any way restricted in its movement. For the purpose of this section, "anchored" includes the use of any weight not part of the normal construction of the net.
(7) No gill net may be left unattended while in the territorial sea, and any such net is contraband and must be seized and disposed of as provided in this chapter.
(8) In the territorial sea no fisherman may set, fish, possess, or have aboard a boat shad or herring gill netting in excess of six thousand feet.
(9) A gill net used for taking or attempting to take shad in the inshore salt waters of this State must have a stretched mesh size of no smaller than five and one-half inches and a length not exceeding nine hundred feet. Gill nets for taking shad in the inshore salt waters of this State may be drift fished or set in accordance with this chapter. Only one shad gill net may be drift fished by occupants of a boat, and the drift net must be attended at all times when deployed. Additional boats in tow may not be used to increase the number of authorized nets.
(10) Except as otherwise provided by law or by regulation promulgated under this article, any gill net used for taking or attempting to take shad in the freshwaters of this State must have a stretched mesh size of no smaller than five and one-half inches and be no longer than six hundred feet. Gill nets for taking shad in the freshwaters of this State may be freely drift fished or set in accordance with the provisions of this chapter. Only one shad gill net may be drift fished by occupants of a boat, and the drift net must be attended at all times when deployed. Additional boats in tow may not be used to increase the number of authorized nets.
(11) A gill net used for taking or attempting to take herring in the salt waters of this State must have a mesh size of two and one-half inches stretched and a length no greater than nine hundred feet. Only one herring gill net may be used by occupants of a boat, and the drift net must be attended at all times when deployed. Additional boats in tow may not be used to increase the number of authorized nets.
(12) A gill net used for taking or attempting to take herring in freshwaters must have a stretched mesh of two and one-half inches stretched and a length no greater than six hundred feet.
(13) A gill net used for taking or attempting to take shad or herring in the salt waters of this State must have at least one end buoy attached which has the name and license number of the owner clearly marked on it. A buoy not less than twenty inches in diameter must be attached to each end of the net, and in any net more than three hundred feet in length a buoy not less than ten inches must be attached every three hundred feet on the float line. All buoys must be international orange in color and must float so as to be clearly visible at all times.
(14) A gill net used for taking or attempting to take shad or herring in the freshwaters of this State must be marked with buoys, international orange in color and not less than six inches in diameter, which float in a manner to be clearly visible at all times. One buoy must be attached to the float line of the net every three hundred feet, and a buoy must be attached to each end of each net. At least one end buoy attached to the net must have the name and license number of the owner clearly marked on it.
(15) Skim-bow nets must be used or fished only from high land or from a pier, dock, or other structure permanently affixed to high land without the aid of any power assisted device. Only shad, herring, and other nongame fish may be retained and no such fish may be sold.
(B)(1) For a violation of subsection (A)(6) or (A)(8), a person is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned for not more than thirty days and must have his saltwater privileges suspended for twelve months.
(2) A person who takes or attempts to take shad or herring in violation of any other subsection of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
(3) Each net set or fished in violation of this section constitutes a separate offense.
HISTORY: 2000 Act No. 245, Section 8; 2002 Act No. 342, Section 36.
Structure South Carolina Code of Laws
Title 50 - Fish, Game and Watercraft
Chapter 5 - Marine Resources Act
Section 50-5-10. Citation of chapter.
Section 50-5-17. Flounder Population Study Program.
Section 50-5-20. Jurisdiction of Department of Natural Resources.
Section 50-5-25. Powers and duties; deposit of revenues.
Section 50-5-30. Promulgation of regulations; civil offenses; penalties; suspension of permit.
Section 50-5-40. Unauthorized tagging or marking and releasing of saltwater fish; penalty.
Section 50-5-50. Prosecutions for violations of chapter.
Section 50-5-60. Conspiracy to violate provision of chapter.
Section 50-5-65. Seizure and disposition of contraband; separate offense defined.
Section 50-5-70. Sale of confiscated device; redemption by owner.
Section 50-5-75. Common areas for taking of fish.
Section 50-5-80. Dividing line between salt and fresh water on rivers.
Section 50-5-85. General Trawling Zone; subzones.
Section 50-5-95. Unlawful taking of saltwater fish; penalty.
Section 50-5-100. Knowingly obtaining saltwater fishery product taken or sold unlawfully.
Section 50-5-105. Unlawful activities affecting others; penalty.
Section 50-5-110. Use of poison, explosive, or bang stick to take marine resources; penalty.
Section 50-5-115. Responsibility for determining location of commercial fishing vessel.
Section 50-5-125. Use of vessel within 300 feet of public fishing pier; penalty.
Section 50-5-305. Requirements for obtaining resident license; penalty.
Section 50-5-310. Commercial saltwater fishing license for nonresidents; fee; striker exception.
Section 50-5-315. Saltwater fishing without a license prohibited; penalty.
Section 50-5-320. State Shellfish Ground licenses; fees.
Section 50-5-335. Channel net licenses; restrictions.
Section 50-5-345. Commercial license a condition of permit; exceptions; revocation.
Section 50-5-355. Bait dealer licenses; fees; inspections; penalties.
Section 50-5-367. Sale, offer, or purchase of shrimp taken over bait; penalty.
Section 50-5-375. Records of wholesale seafood dealers; inspection by department; penalties.
Section 50-5-385. Expiration of licenses and permits.
Section 50-5-390. Denial of or limitations on nonresident licenses.
Section 50-5-500. Use of nets; penalties.
Section 50-5-505. Net use requirements and restrictions; mariculture impoundment net use permit.
Section 50-5-520. Channel net violations; forfeiture of license; seizure of equipment.
Section 50-5-525. Unlawful deployment of net; penalty.
Section 50-5-540. Use of seine or gill net in state park; shrimp net exception.
Section 50-5-545. Commercial blue crab traps; escape vent requirements; peeler trap exemption.
Section 50-5-560. Blue crab traps on Cooper River.
Section 50-5-565. Time restrictions for placement of commercial traps.
Section 50-5-570. Use of live bait on lines with more than three hooks.
Section 50-5-580. Gigging for fish in saltwaters of Georgetown County.
Section 50-5-581. Gigging for flounder.
Section 50-5-700. Trawling prohibited.
Section 50-5-705. Trawling Zone established.
Section 50-5-715. Trawling restriction areas within General Trawling Zone.
Section 50-5-720. Disposal of trawl bycatch; penalty.
Section 50-5-725. Trawling waters description references.
Section 50-5-730. Trawling near public fishing pier; penalty.
Section 50-5-735. Night trawling; finfish exception.
Section 50-5-745. Blue crab taken by legal shrimp trawlers.
Section 50-5-750. Crab trawling equipment restrictions; penalty.
Section 50-5-760. Illegal trawling.
Section 50-5-765. Use of turtle excluder devices; penalty.
Section 50-5-770. Shrimp trawl requirements; penalties.
Section 50-5-900. Commercial shellfish culture or mariculture permits; term.
Section 50-5-905. Permit applications; fee.
Section 50-5-920. Mitigation of adverse impacts on shellfish bottoms and waters.
Section 50-5-925. Publication of notice of application.
Section 50-5-935. Fees; late payment penalty.
Section 50-5-945. Permit to take shellfish for replanting or use in mariculture; conditions.
Section 50-5-950. Specification of other terms and conditions.
Section 50-5-960. Rules governing recreational shellfish bottom harvests.
Section 50-5-970. Mechanical harvest permits; penalties.
Section 50-5-980. Erection and maintenance of signs; penalty.
Section 50-5-995. Shellfish mariculture operation permits.
Section 50-5-997. Shellfish mariculture permittees; out-of-season harvest permits.
Section 50-5-1005. Shellfish importation permits; conditions; penalties.
Section 50-5-1015. Unlawful removal of shell; penalty.
Section 50-5-1100. Lawful and unlawful taking of shrimp; penalties.
Section 50-5-1102. Persons who may not obtain or hold shrimp baiting license; penalty.
Section 50-5-1105. Catch limits; bait dealer taking and possession requirements; penalties.
Section 50-5-1110. Mesh size and stretch measure for shrimp cast nets.
Section 50-5-1300. Taking of sponge crabs prohibited; import permits; penalties.
Section 50-5-1305. Blue crabs; commercial taking at night prohibited; penalties.
Section 50-5-1310. Size limitations for blue crabs; peeler crab and clam mariculture exceptions.
Section 50-5-1315. Importation of undersize blue crabs; penalties.
Section 50-5-1320. Identification of vessels taking blue crabs by trap; buoy colors; penalty.
Section 50-5-1325. Stone crabs; claw size, removal and sale limitations; penalty.
Section 50-5-1330. Horseshoe crab permits, taking and handling requirements; penalty.
Section 50-5-1335. Use of blue crab traps in certain locations.
Section 50-5-1340. Repealed by 2012 Act No. 7, Section 12, March 22, 2013.
Section 50-5-1500. Regulation of devices for taking shad, herring, or eels.
Section 50-5-1505. Taking of shad, herring, or sturgeon.
Section 50-5-1510. Special provisions as to shad and herring.
Section 50-5-1515. Shad hook and line catch limits.
Section 50-5-1520. Herring catch limits.
Section 50-5-1525. Unlawful taking of Atlantic sturgeon; penalties.
Section 50-5-1530. Receiving Atlantic sturgeon; record keeping requirements; penalties.
Section 50-5-1535. Taking of shortnose sturgeon prohibited; penalty.
Section 50-5-1540. Net placement.
Section 50-5-1545. Removal of nets during off times and periods; penalties.
Section 50-5-1550. Seizure of net or seine containing decomposed fish.
Section 50-5-1555. Commercial eel taking permits; conditions; penalty.
Section 50-5-1556. Striped bass.
Section 50-5-1557. Shad, herring, or eel sale requirements.
Section 50-5-1705. Catch limits.
Section 50-5-1707. Repealed by 2009 Act No. 47, Section 1, eff June 2, 2009.
Section 50-5-1710. Size limits.
Section 50-5-1711. Repealed by 2007, Act No. 85, Section 4, eff June 15, 2007.
Section 50-5-1713. Cobia limits established.
Section 50-5-1900. Article title.
Section 50-5-1905, 50-5-1910. Repealed by 2009 Act No. 15, Section 10, eff July 1, 2009.
Section 50-5-1915. Charter fishing vessel and public pier logs; penalties.
Section 50-5-1920, 50-5-1925. Repealed by 2009 Act No. 15, Section 10, eff July 1, 2009.
Section 50-5-1935. Commemorative stamps authorized.
Section 50-5-1940. Creation and design of stamps, licenses, prints, and related articles.
Section 50-5-1945. Repealed by 2009 Act No. 15, Section 10, eff July 1, 2009.
Section 50-5-2017. Repealed by 2010 Act No. 140, Section 3, eff March 31, 2010.
Section 50-5-2100. Mariculture permits; penalty for failure to acquire.
Section 50-5-2300. Taking and possessing diamond-backed terrapins; penalty.
Section 50-5-2305. Permit to remove live wild rock; penalty.
Section 50-5-2310. Display of dolphins and whales prohibited; penalty.
Section 50-5-2500. Point values for suspension of saltwater privileges; relation to other penalties.
Section 50-5-2505. Point system administration.
Section 50-5-2510. Suspension of saltwater privileges for accumulation of points.
Section 50-5-2515. Notice of suspension; request for review.
Section 50-5-2517. Mammalian dolphin or porpoise; prohibited activities; penalty.
Section 50-5-2525. Points cleared when suspension expires; concurrent running of suspensions.
Section 50-5-2530. Administering of article.
Section 50-5-2535. Engaging in prohibited activities while under suspension; penalties.
Section 50-5-2536. Other violations while under suspension.
Section 50-5-2540. Activities prohibited while under commercial suspension.
Section 50-5-2545. Prior points and suspensions.
Section 50-5-2700. Atlantic States Marine Fisheries Compact; members; term; vacancies.
Section 50-5-2705. Powers of Compact Commission and commissioners.
Section 50-5-2710. State officials to cooperate and furnish information.
Section 50-5-2715. Records, reports, and recommendations.
Section 50-5-2730. Federal fishing regulations declared to be law of State; exceptions.