Freshwater Nongame Devices

Lawful Nongame Devices

The following are the only lawful nongame fishing devices and methods that may be used for taking nongame fish in the freshwaters of this State and only in those waters in which these devices and methods are authorized: archery equipment, cast net, crayfish trap, eel pot, elver fyke net, gig, gill net, hand grabbing, hoop net, jug fishing device, minnow seine, minnow trap, pump net, seine, set hook, skimbow net, spear, trap and trotline. Section 50-13-615

A recreational fisherman may use the following fishing devices and methods for taking nongame fish but only in those waters in which the type and quantity are allowed: archery equipment, cast net, not more than five crayfish traps, not more than two eel pots, gig, one gill net not more than one hundred yards in length or not more than three gill nets, none of which exceeds thirty yards in length; hand grabbing, not more than one hoop net, not more than fifty jugs, minnow seine, not more than five minnow traps, not more than one pump net, not more than one seine, three to fifty set hooks, not more than one skimbow net, spear, not more than two traps, not more than one trotline with fifty hooks maximum, any lawful game fishing device. Section 50-13-635

Nongame Device Limits

Nongame fish may be taken with any lawful game fishing device. A fisherman may use only four game fishing devices. A fisherman fishing from a boat may use an unlimited number of game fishing devices if all persons in the boat older than sixteen years have valid fishing licenses. Section 50-13-625

A fishing device authorized by this article must not be used, placed, set, or fished so as to constitute a hazard to boating or public safety. Section 50-13-630

It is unlawful for a person to have in possession game fish, except live bream on those water bodies where permitted as live bait, or game fish devices while possessing or using nongame devices. The provisions of this section do not apply to a person using a cast net. Section 50-13-670

Marking of Nongame Devices
(trotlines, traps, eel pots, gill nets and hoop nets) Section 50-13-620

A trotline, trap, eel pot, gill net, and hoop net must be marked with a floating marker not less than a capacity of one quart and not more than a capacity of one gallon and must be made of solid, buoyant material that does not sink if punctured or cracked. A floating marker must be constructed of plastic, PVC spongex, plastic foam, or cork. A hollow buoy or float, including plastic, metal, or glass bottles or jugs, must not be used, except that a manufactured buoy or float specifically designed for use with nongame fishing devices may be hollow if constructed of heavy duty plastic material and approved by the department. A floating marker used the first through the fifteenth inclusive of each month must be colored white only; for the remainder of the month markers must be yellow only and, except for a trotline, there must not be any other color marker attached to the device. The owner's name and department customer identification number must be legible on each of the white or yellow floating markers. Both commercial and recreational fishermen shall comply with provisions of this title pertaining to the marking and use of a nongame fishing device. A trotline must be marked on both ends. A commercial trotline must be marked at intervals of every fifty hooks. A recreational trotline must be marked at intervals of every twenty-five hooks. An end marker must conform to the white and yellow marking scheme. Each interval float must be 'International Orange' in color.

A tag issued for a nongame device must be attached to the device at all times. A permit and tag receipt must be kept on the person to whom issued while possessing or using a nongame fishing device.

Each set hook must have an identification tag attached to it bearing the owner's name and department customer identification number.

A device or part of it improperly marked, tagged, or identified is in violation and is contraband.

A violation of this section is a misdemeanor and, upon conviction, is punishable as prescribed in this chapter.

Crab Pots

A crab pot or trap of like design must not be used in the freshwaters of this State unless permitted by regulation. Section 50-13-320

Crayfish Traps

All crayfish traps must be identified with the name and department customer identification number of the user. These traps only may be used in those bodies of water permitted under this chapter. A commercial fisherman may fish up to fifty crayfish traps. A recreational fisherman may fish up to five crayfish traps. Section 50-13-320

Gill Nets (Not for shad and herring)

The season for taking nongame fish other than American shad and herring in the freshwaters of this State with a gill net is from November first to March first inclusive. A gill net may be used or possessed in the freshwaters in which their use is authorized on Wednesdays, Thursdays, Fridays, and Saturdays only. A gill net used in the freshwaters must have a mesh size not less than four and one-half inches stretch mesh. A gill net measuring more than one hundred yards in length must not be used in the freshwaters and a gill net, cable, line or other device used for support of a gill net may not extend more than halfway across any stream or body of water. A gill net may be placed in the freshwaters on a first come first served basis but a gill net must not be placed within two hundred yards of another gill net. Use or possession of a gill net at any place or time other than those prescribed in this subsection is unlawful. Section 50-13-325

Nongame fish taken in shad nets lawfully fished during the open season for taking shad may be kept. A sturgeon caught must be returned immediately to the waters from where it was taken. Section 50-13-325

Hoop Nets

A hoop net may be used or possessed in the freshwaters where its use is authorized. A hoop net must rest on the bottom of the body of water in which it is used and must not be suspended above the bottom. A hoop net must not be used within one hundred feet of the mouth of any tributary. Use or possession of a hoop net at any place or time other than those prescribed is unlawful. Section 50-13-330

Jugs

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. Section 50-13-660

The attachment of more than one hook and line to a jug fishing device is prohibited. Section 50- 13-660

Except for the following bait listed below, no other bait may be used with trotlines, set hooks, and jugs: soap; dough balls; nongame fish or bream cut into two or more equal parts; shrimp; meat scraps which may not include insects, worms, or other invertebrates; grapes. Section 50-13-665

Minnow Seine

It is unlawful to use or have in possession a minnow seine in the freshwaters of this State from ten o'clock p.m. to official sunrise. Section 50-13-340

Minnow Traps

All minnow traps must be identified with the name and department customer identification number of the user. A minnow trap may be fished with a recreational license only with a limit of five for each person and must not be fished for commercial purposes. Section 50-13-320

Pump Nets

A pump net may be fished from the bank or a shore based structure only and only for recreation. Section 50-13-335

Set Hooks

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. Section 50-13-655

Except for the bait listed below, no other bait may be used with trotlines, set hooks, and jugs: soap; dough balls; nongame fish or bream cut into two or more equal parts; shrimp; meat scraps which may not include insects, worms, or other invertebrates; grapes. Section 50-13-665

Skimbow

A skimbow net may be fished from a boat but only for recreation. These devices may be used only in those waters where authorized. Section 50-13-335

Trotlines

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. Section 50-13-650

April 1st to October 1st 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 2nd to March 31st trotlines may be left in the water twenty-four hours a day at any depth. Section 50-13-650

A trotline must not be placed within one hundred feet of the mouth of a tributary stream. Section 50-13-650

A trotline, cable, line, or any other device used for support may not extend more than halfway across a stream or body of water. Section 50-13-650

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. Section 50-13-650

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. Section 50-13-650

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. Section 50-13-650

Stainless steel hooks must not be used on a trotline. Section 50-13-650

Except for the bait listed below, no other bait may be used with trotlines, set hooks, and jugs other than the following bait: soap; dough balls; nongame fish or bream cut into two or more equal parts; shrimp; meat scraps which may not include insects, worms, or other invertebrates; grapes. Section 50-13-665

Traps & Eel Pots

A trap must not be:

The department may inspect traps for compliance with this section at anytime. If the department finds any trap in violation or contains only dead catch or excessive dead catch, the trap is contraband and must be seized and disposed of according to law. Section 50-13-315

A trap or eel pot may be suspended above the bottom of the body of water in which they are used at a depth that does not create a hazard to watercraft. Section 50-13-320

There is no restriction on the type of bait permissible in a trap or eel pot, except that game fish or any part of a game fish must not be used for bait. Section 50-13-320

There is no closed season for fishing with a trap or eel pot in the freshwaters of this State in which the use of a trap or eel pot is permitted except temporary closure by the department. Section 50-13-320

A trap or eel pot must not be placed within one hundred feet of the mouth of a tributary stream and a trap or eel pot must not be placed anywhere in the Diversion Canal connecting Lakes Marion and Moultrie nor placed within two hundred yards of a manmade structure in Lakes Marion and Moultrie. Section 50-13-320