South Carolina Code of Regulations Chapter 123 - DEPARTMENT OF NATURAL RESOURCES
South Carolina Code of Regulations Chapter 123 is the extensive set of administrative rules and regulations for the South Carolina Department of Natural Resources (SCDNR). This chapter provides the detailed framework for how the SCDNR carries out its mission of protecting and managing the state's diverse natural and cultural resources.
Overall Purpose of South Carolina Code of Regulations Chapter 123:
The fundamental purpose of Chapter 123 is to implement and enforce state laws related to fish, wildlife, marine resources, land, water, and conservation. It provides the practical guidelines for:
Conservation and Management: Ensuring the sustainable use and protection of fish, wildlife, marine life, and their habitats.
Public Access and Recreation: Regulating activities like hunting, fishing, and boating to provide safe and equitable recreational opportunities.
Resource Protection: Establishing rules to prevent damage to natural resources and manage state-owned and leased lands.
Law Enforcement: Providing detailed regulations that natural resources enforcement officers (game wardens) uphold.
Scientific Research: Setting frameworks for data collection and research vital for informed conservation decisions.
Placement within State Government:
The South Carolina Department of Natural Resources (SCDNR) is a state agency governed by a seven-member Natural Resources Board (with one member from each congressional district and one at-large). The Board appoints a Director who serves as the administrative head of the department. SCDNR is composed of several key divisions:
Land, Water and Conservation Division: Focuses on land and water resource management.
Law Enforcement Division: Enforces natural resource laws and conducts public safety programs.
Marine Resources Division: Manages coastal and marine fisheries and habitats.
Wildlife and Freshwater Fisheries Division: Manages game and non-game wildlife species and freshwater fisheries.
Chapter 123 directly reflects the responsibilities of these divisions.
Key Areas and Articles within Chapter 123:
Chapter 123 is logically structured into several articles, each addressing specific areas of the SCDNR's mandate:
Article 1 - BOATING DIVISION:
Vessel Numbering and Registration: Rules for displaying vessel registration numbers and decals.
Restricted Watercraft Areas: Designates specific areas (e.g., lakes, canals) where watercraft use is restricted for public safety or environmental reasons (e.g., speed limits, no-wake zones, restrictions on water skiing in certain areas and times).
Aids to Navigation: Requirements for uniform waterway marking systems, often compatible with U.S. Coast Guard standards.
Boating Safety: Regulations related to safe boating practices, equipment requirements (e.g., life jackets), and enforcement.
Hunting and Fishing from Boats: Specific rules related to using vessels for these activities.
Article 2 - MARINE RESOURCES DIVISION:
Commercial and Recreational Marine Fisheries: Regulations for fishing methods, seasons, gear restrictions, size limits, and creel limits for various marine species (e.g., crabs, shrimp, oysters, finfish).
Shellfish Permits: Qualifications and requirements for commercial shellfish permits, often requiring certification with DHEC (now SCDES) approved facilities.
Habitat Protection: Rules concerning alterations to critical coastal habitats, such as wetlands and shellfish grounds.
Article 3 - WILDLIFE AND FRESHWATER FISHERIES DIVISION - HUNTING REGULATIONS:
Hunting in Wildlife Management Areas (WMAs): Detailed rules for hunting on state-managed lands, including seasons, bag limits, allowed weapons, methods, and specific prohibitions.
Deer Hunting: Regulations for deer seasons, bag limits (e.g., antlered and antlerless deer), tags, and depredation permits (for controlling deer damaging property).
Turkey Hunting: Rules for turkey seasons, bag limits, and methods.
Bear Hunting: Specific regulations for bear hunting, often in designated areas.
Migratory Bird Hunting: Rules for hunting migratory birds (e.g., waterfowl, doves), often aligning with federal regulations.
General Hunting Provisions: Licensing requirements, hunter education mandates, rules on baiting, shining, and other general hunting practices.
Chronic Wasting Disease (CWD) Carcass Importation: Regulations to prevent the spread of CWD into South Carolina.
Article 4 - GAME AND FRESHWATER FISHERIES DIVISION - FISHING REGULATIONS:
Freshwater Fishing Regulations: Rules for fishing in lakes, rivers, and streams, including seasons, creel limits, size limits, bait restrictions, and gear requirements for various freshwater species (e.g., bass, crappie, catfish, trout).
Specific Lake/River Regulations: Unique rules for particular bodies of water (e.g., Lake Murray, Lake Marion, Chattooga River).
Reciprocal Agreements: Rules for reciprocal fishing agreements with neighboring states (e.g., Georgia).
Commercial Freshwater Fishing: Regulations for commercial freshwater fishing activities.
Article 5 - NON-GAME AND ENDANGERED SPECIES:
Regulations pertaining to the protection and management of non-game species, threatened and endangered species, and their habitats. This might include rules on handling protected species, or specific conservation measures.
Article 5.5 - REGULATION OF REAL PROPERTY OWNED AND LEASED BY THE DEPARTMENT:
General rules for the public use of lands owned or managed by SCDNR, including activities permitted or prohibited (e.g., hiking, camping, vehicle use, fire, metal detectors, disturbing natural features, commercial activity).
Law Enforcement on DNR Lands: Outlines infractions and penalties for violating regulations on DNR-managed properties.
Article 6 - ISSUANCE OF WARNING TICKETS (Repealed): This article was previously used for warning tickets but has since been repealed.
In summary, South Carolina Code of Regulations Chapter 123 provides the exhaustive legal framework for the SCDNR to manage, conserve, and regulate the use of the state's precious natural resources, ensuring both their long-term health and the enjoyment of current and future generations of South Carolinians.
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