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.
