Regulatory Pathfinder for Coastal Development in South Carolina

Hunting and Fishing (crabbing, oysters, fish, lobster)

Certain activities may be able to proceed in a streamlined manner pursuant to federal requirements by complying with Nationwide Permits (NWPs) issued as authorized by Clean Water Act Section 404(e). All NWPs require that an authorized activity or project must meet regional conditions and general conditions that exist on a national level.

• Joint Permit Application Form
• Full text of Nationwide Permits
• Link to the Army Corps of Engineers Charleston District Website discussing general Nationwide Permit Information

Under South Carolina state law, erecting duckblinds, fishing, shellfishing and trapping may be exempt from permitting if these activities are done in accordance other laws and at the proper time. Likewise, state law exempts from permitting requirements many conservation, replenishment and research activities of State agencies and educational institutions. Finally, state law exempts from permitting requirements many boating or other recreational activities if there is no harm to the plants, animals, physical or aesthetic resources of the area.

S.C. Code Regs. 30-5(A)(2).

Nationwide Permit #4: Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities

Activities that may be authorized pursuant to NWP # 4 include construction of certain fish and wildlife harvesting devices and activities such as pound nets, crab traps, crab dredging, eel pots, lobster traps, duck blinds, and clam and oyster digging, and small fish attraction devices such as open water fish concentrators (sea kites, etc.). This NWP does not, however, authorize artificial reefs or impoundments and semi-impoundments of waters of the United States for the culture or holding of motile species such as lobster, or the use of covered oyster trays or clam racks.

Last Updated October 29, 2010

ABOUT THIS PATHFINDER This project was supported through a generous grant from the South Carolina Sea Grant Consortium. The principal investigator is Professor Kim Diana Connolly at the University of South Carolina School of Law. Two law students, Keith Bartlett and Valerie Cochran, provided invaluable work toward project completion. Technical assistance with web design was provided by USC School of Law webmaster Tobias Brasier. Broken links should be reported to lawweb@law.sc.edu. This website is NOT intended as legal advice, and particularized analysis by professionals should be sought wherever appropriate. MENU » Coastal Development Regulatory Pathfinder » USC Environmental Law Program » SC Sea Grant Consortium » Links to Starting Points » Additional Contact Information