Public Notice Guide: Fish, Game and Watercraft
South Carolina Marine Resources Act of 2000
Application for the culturing of shellfish
50-5-925
An applicant must publish a notice informing all interested persons that they have applied for a Shellfish Culture Permit or Shellfish Mariculture Permit. The notice shall be placed in a newspaper of general circulation in the county of the proposed permit, once a week for three consecutive weeks. The notice needs to describe the bottoms or waters.
Section | Notice | Where | When |
|---|---|---|---|
50-5-925 | A notice of an application for a Shellfish Culture Permit or Shellfish Mariculture Permit. The notice needs to describe the bottoms or waters. | A newspaper of general circulation in the county of the proposed permit | Once a week for three consecutive weeks |
Exact wording:
“Upon conditional approval by the department of the shellfish culture or mariculture application and map, the applicant must publish a notice in a form satisfactory to the department advising all interested persons that the applicant has applied for a Shellfish Culture Permit or Shellfish Mariculture Permit and provide a specific description of the bottoms or waters. The notice must be published once a week for three consecutive weeks in a newspaper of general circulation in the county of the proposed permit.”
Protection of Game
Notice of the confiscation, forfeiture and sale of property used in hunting deer or bear at night
50-11-740
Property including any animals that are used in the night hunting of deer and bears will be confiscated and if just cause is not shown or persons claiming interest do not appear then the property will be forfeited. If the property has no owner then a notice of the seized property shall be placed in a newspaper of local circulation for at least two weeks. Once all the proper proceedings have taken place the forfeited property will be sold to the highest bidder in front of the county courthouse. This may only occur after a public notice has been placed at least once in a newspaper with general circulation in the county where the property was seized.
Section | Notice | Where | When |
|---|---|---|---|
50-11-740 | A notice of seized property if no owner can be found. A public notice of the sale of the forfeited property in front of the courthouse door | A newspaper of local circulation. A newspaper with general circulation where the property was seized. | At least two weeks. At least once. |
Exact wording:
“(A) Every vehicle, boat, trailer, other means of conveyance, animal, firearm, or device used in the hunting of deer, bear, or turkey at night is forfeited to the State and must be seized by any peace officer who shall forthwith deliver it to the department.
(B) “Hunting” as used in this section in reference to a vehicle, boat, or other means of conveyance includes the transportation of a hunter to or from the place of hunting or the transportation of the carcass, or any part of the carcass, of a deer, bear, or turkey which has been unlawfully killed at night.
(C)(1) For purposes of this section, a conviction for unlawfully hunting deer, bear, or turkey at night is conclusive as against any owner of the above mentioned property.
(2) In all other instances, forfeiture must be accomplished by the initiation by the State of an action in the circuit court in the county in which the property was seized giving notice to owners of record and lienholders of record or other persons having claimed an interest in the property subject to forfeiture and an opportunity to appear and show, if they can, why the property should not be forfeited and disposed of as provided for by this section. Failure of any person claiming an interest in the property to appear at the above proceeding after having been given notice of the proceeding constitutes a waiver of his claim and the property must be immediately forfeited to the State.
(3) Notice of the above proceedings must be accomplished by:
(a) personal service of the owner of record or lienholder of record by certified copy of the petition or notice of hearing; or
(b) in the case of property for which there is no owner or lienholder of record, publication of notice in a newspaper of local circulation in the county where the property was seized for at least two successive weeks before the hearing.
(D) The department shall sell any confiscated device at public auction for cash to the highest bidder in front of the county courthouse in the county where it is confiscated, after having given ten days’ public notice of the sale by posting advertisement thereof on the door or bulletin board of the county courthouse or by publishing the advertisement at least once in a newspaper of general circulation in the county.”
Notice of a closed season for the protection of deer and game
50-11-1105
The Department of Natural Resources may declare a closed season on account of abnormal conditions when they see fit that deer and game cannot protect themselves. The closed season cannot be over ten days and a notice must be published in two daily newspapers along with a newspaper in the county or counties where it is taking place. The notice shall state the length or period that the closed season will take place.
Section | Notice | Where | When |
|---|---|---|---|
50-11-1105 | A notice of a closed hunting season by DNR when deer and game cannot protect themselves on account of abnormal conditions. The notice shall state the length or period that the closed season will take place. | Two daily newspapers and one newspaper in the county or counties where the closed season is taking place | When abnormal conditions are found and a closed season has been decided upon |
Exact wording:
“The department may declare a closed season for not over ten days at any one time in any area in the State when it appears on account of abnormal conditions that deer or other game cannot protect themselves. The department shall give notice of the closed season so declared by publication in at least two daily newspapers and in a newspaper of the county or counties in which the closed season is declared if the county has a newspaper, stating the length or period of the closed season. Any person found hunting with firearms, bows and arrows, or other game-taking devices, or dog within the restricted territory during a closed season so declared is guilty of a violation of the provisions of this section, regardless of whether he has or has not killed or taken any game. The penalty for a violation of the provisions of this section is a fine of not less than one hundred dollars nor more than two hundred dollars or imprisonment for not less than thirty days.”
Notice of the shortening or closing of open season for the protection of deer and game
50-11-1110
If a decision is made by the legislative delegation, including the Senator from such county and the Department of Natural Resources sees fit by abnormal conditions then an open season may be shortened or closed in a county. Abnormal conditions arise in this situation when the supply of game is affected or there is scarcity of game found. A notice of this decision must be given in two daily newspapers along with one newspaper in the county or counties. The notice needs to state the length of time of the closed or shortening of the season.
Section | Notice | Where | When |
|---|---|---|---|
50-11-1110 | A notice by DNR of the shortening or closing of open season when abnormal conditions are found. The notice shall state the length of time of the closing or shortening | Two daily newspapers along with a newspaper found in the county or counties | When abnormal conditions are found and a decision is made by the legislative delegation, including a Senator from such county |
Exact wording:
“When in any county of the State there exist abnormal conditions that might affect the supply of game or there is an abnormal scarcity of game, the department, upon the written request of a majority of the legislative delegation, including the Senator, from such county, may shorten or close the open season for hunting in any such county. The department shall give notice of the closed or shortened season by publication in at least two daily newspapers and in a newspaper of the county in which the closed or shortened season is declared, stating the length of the closed or shortened season. Any person found hunting with gun or dog within the restricted territory during a closed season so declared, is guilty of a violation of the provisions of this section, regardless of whether he has killed any game or not. The penalty for violation of the provisions of this section is a fine of not less than twenty-five dollars nor more than one hundred dollars or imprisonment for not less than thirty days.”
Special Hunting and Fishing Provisions for Certain Counties and Areas
Taking nongame fish (Darlington County)
50-19-240
The Prestwood Lake Wildlife Refuge Board has the right to put in to action rules and regulations for the means of taking nongame fish. After approval by the Department of Natural Resources and before becoming effective a notice of these rules and regulations must be published in a newspaper of general circulation in Darlington County. Once effective these rules and regulation have the force and effect of law.
Section | Notice | Where | When |
|---|---|---|---|
50-19-240 | A notice of rules and regulations by the Prestwood Lake Wildlife Refuge Board for the means by taking nongame fish | A newspaper of general circulation in Darlington County | Once approved by DNR and before becoming effective |
Exact wording:
“In addition to the powers and duties set forth in Section 50-19-230, the Board may adopt and promulgate such rules and regulations relating to the use of baskets, nets, trotlines and other means of taking nongame fish as it may deem advisable. No such rule or regulation shall take effect until approved by the department, and notice of such rule or regulation has been published at least once in a newspaper of general circulation in Darlington County. When any such rule or regulation becomes effective it shall have the force and effect of law. Any person convicted of a violation of a rule or regulation adopted pursuant to this section shall be guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days.”
Fishing and hunting in certain portions of the Savannah River
50-19-2240
A mutual agreement by the Department of Natural Resources with authorized officials in Georgia on rules and regulations may be made. The rules and regulations in this section pertain to portions of the Savannah River for the preservation and propagation of fish and game Once copies have been filed with the Secretary of State but before adoption a notice must be placed on the rules and regulations in newspapers that are circulated in the area for at least once a week for three weeks. These rules and regulations have the force and effect of law.
Section | Notice | Where | When |
|---|---|---|---|
50-19-2240 | A notice of rules and regulations between DNR and authorized officials in Georgia on the preparation and propagation of fish and game pertaining to portions of the Savannah River | Newspapers circulated in the area that the rules and regulations pertains to | At least once a week for three weeks after copies have been filed with the Secretary of State |
Exact wording:
“The department shall also negotiate for and enter into a reciprocal agreement with the authorized officials of the state of Georgia, adopting rules and regulations for the preservation and propagation of fish and game within the area as provided by law, the recognition of the licenses and permits of one state by the other and the enforcement of the laws of the two states over the area involved. If necessary to reach such an agreement or it is deemed advisable for the better protection and management of the game and fish of this area, the department may increase the bag limit to not more than twelve bass and thirty other game fish in possession at one time and may make and agree to other reasonable rules and regulations with the Georgia authorities, not inconsistent with the laws of this State, and may change or alter them from time to time. Any rules and regulations so adopted by the authorized officials of the two states on the above subjects and not inconsistent with the laws of this State shall have the force and effect of law, after being published in newspapers circulating in the area at least once a week for three weeks and after copies thereof have been filed with the Secretary of State, as provided by law. Any reciprocal agreement so entered into shall contain a provision that either party thereto may cancel it upon ninety days’ written notice to the other party.”
Notice of rules and regulations on fishing in waters of Hartwell Reservoir
50-19-2640
A mutual agreement by the Department of Natural Resources with authorized officials in Georgia on rules and regulations may be made. The rules and regulations in this section pertain to portions of the Hartwell Reservoir for the preservation and propagation of fish and game Once copies have been filed with the Secretary of State but before adoption a notice must be placed on the rules and regulations in newspapers that are circulated in the area for at least once a week for three weeks. These rules and regulations have the force and effect of law.
Section | Notice | Where | When |
|---|---|---|---|
50-19-2640 | A notice of rules and regulations between DNR and authorized officials in Georgia on the preparation and propagation of fish and game pertaining to the Hartwell Reservoir | Newspapers circulated in the area that the rules and regulations pertains to | At least once a week for three weeks after copies have been filed with the Secretary of State |
Exact wording:
“The Department shall also negotiate for and enter into a reciprocal agreement with the authorized officials of the state of Georgia, adopting rules and regulations for the preservation and propagation of fish and game within the area, the recognition of the licenses and permits of one state by the other and the enforcement of the laws of the two states over the area involved. If necessary to reach such agreement or it is deemed advisable for the better protection and management of the game and fish of this area, the Department may increase the bag limit prescribed by item (1) of Section 50-19-2620 to not more than twelve bass and thirty other game fish in possession at one time and may make and agree to other reasonable rules and regulations with the Georgia authorities, not inconsistent with the laws of this State, and may change or alter them from time to time. Any rules and regulations so adopted by the authorized officials of the two states, on the above subjects and not inconsistent with the laws of this State, shall have the force and effect of law after being published in newspapers circulating in the area at least once a week for three weeks and after copies thereof have been filed with the Secretary of State, as provided by law. Any reciprocal agreement so entered into shall contain a provision that either party thereto may cancel it upon ninety days’ written notice to the other party.”
Watercraft and Outboard Motors
Notice pertaining to the issuing of a conditional title
50-23-290
Any person coming into possession of a watercraft or outboard motor without proper proof of ownership must apply to the department for a title using the form prescribed by the department. The applicant must publish an advertisement in a newspaper of general circulation in the county of residence of the last known owner of record for three successive issues. If there is no prior owner of record, the advertisement must be published in the county where acquired. The advertisement must be as prescribed by the department in the application. Proof of advertising must be submitted to the department.
Section | Notice | Where | When |
|---|---|---|---|
50-23-290 | A notice pertaining to the issuing of a conditional title to an applicant that cannot produce a watercraft title or outboard motor title. The notice must be as prescribed by the department in the application | A newspaper of general circulation in the county where the last known owner lived or if no owner can be found then a newspaper published in the county of the where acquired | Three successive times before a title may be issued |
Exact wording:
“Any person coming into possession of a watercraft or outboard motor without proper proof of ownership must apply to the department for a title using the form prescribed by the department. The application must be supported by an affidavit setting forth the circumstances under which the watercraft or outboard motor was acquired. The applicant must attempt to notify the last known titled or registered owner and any lienholder of record by certified mail of the application. The applicant must provide the department with proof of mailing.
The applicant must publish an advertisement in a newspaper of general circulation in the county of residence of the last known owner of record for three successive issues. If there is no prior owner of record, the advertisement must be published in the county where acquired. The advertisement must be as prescribed by the department in the application. Proof of advertising must be submitted to the department.
Thirty days after the date of the last advertisement if no claim of interest or ownership is made and the item has not been reported stolen, the department shall issue a clear title. If the item is reported stolen, the department shall dispose of the item according to law.
If there is a claim of interest adverse to the applicant, the department shall not issue a title until the issue is resolved. The parties may apply to a court of competent jurisdiction for resolution.”
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