South Carolina Code of Regulations
Chapter 123 - DEPARTMENT OF NATURAL RESOURCES
Article 2 - MARINE RESOURCES DIVISION
Section 123-33 - Taking American Eels and Catfish in Certain Waters

Universal Citation: SC Code Regs 123-33

Current through Register Vol. 48, No. 9, September 27, 2024

1. This rule and regulation regulates the taking of American eels (onguilla rostrata) in the following waters of this State: In the Cooper River and its tributaries from the Seaboard Coastline Railroad Bridge located three thousand three hundred (3,300') feet downstream from the lock and deck of the Jeffries Hydro Plant seaward to the point of the confluence of the Cooper River and the Wando River at a line running from the tip of Daniel Island westerly to the Old Coal Tipple Site.

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 shall be required to have a valid statewide fishing license as provided under Section 50-9-450 or 50-9-460. In addition all such persons shall be required to have a valid land and sell license as provided under Section 50-17-180, and any vessel used shall be required to be licensed under Section 50-17-210.

4. Eels may be taken legally from those waters subject to its 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-half ( 1/2 "') inch square and throat opening not to exceed two (2"') inches in any direction. Each such pot or basket shall be tagged and marked in accordance with Section 50-5-110, Section 50-19-2910, and Section 50-19-2920, with the cost of each tag being one ($1.00) dollar.

That records shall be maintained in accordance with the provisions of Section 50-5-80(3).

Provided, that pots and baskets may be set or used only from Stoney Landing seaward in the Cooper River and its tributaries; and that the use of any pot or basket at any time in the Cooper River from the Seaboard Coastline Railroad Bridge located three thousand three hundred (3,300') feet downstream from the lock and deck of the Jeffries Hydro Plant to Stoney Landing shall be a violation of this Rule and Regulation. Pots and baskets shall be allowed to be set or used twenty-four (24) hours a day and seven (7) days a week in all of the authorized areas of such use.

b. Fyke nets with wings not exceeding ten (10') feet in length and fourteen (14') feet in depth; with the distance from throat to cod end not to exceed twenty (20') feet. Maximum bar mesh for any portion of the nets shall not exceed one-eighth ( 1/8 "') inch square; and all fyke nets must be set with the cod end upstream from the wings. Fyke nets shall be set only between sunset and sunrise, and all such nets shall be removed from such waters between sunrise and sunset. A license as required under the provisions of Section 50-17-360 shall be required for each fyke net used for the taking of eels from such waters.

c. Hand-operated dip nets not to exceed two (2') feet in diameter.

5. Those types of equipment and gear authorized for use in taking eels from such waters shall be used only where fishing is legal; and any eel basket or pot, fyke net or dip net which is used in any manner in violation of this rule and regulation and any device or equipment which is used in such waters for the taking of eels which is not authorized herein, shall be confiscated by the South Carolina Wildlife and Marine Resources Department; and the Department shall dispose of such equipment and any catch found therein in the manner it deems appropriate.

6. Any game fish taken by use of eel pots and baskets, fyke nets or dip nets in such waters shall be returned immediately to the waters from whence they came.

7. All of the provisions of this rule and regulation shall be applicable in full to the taking of catfish from such waters.

8. The penalty for the violation of this Rule and Regulation shall be that prescribed by Section 50-17-100 or Section 50-19-2960, whichever the Court shall deem most applicable to the offense involved.

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