Title 50, Fish, Game and Watercraft

The department may tow away and store at the nearest commercial marina or any other suitable facility any unattended watercraft, a watercraft the operator of which is ill, intoxicated, or under a disability which renders him incapable of functioning safely, or other object which …

(A) No person may operate any water device in a negligent manner. (B) Negligent operation includes, but is not limited to, operating a water device at more than idle speed in a no wake zone, failing to maintain a proper lookout for other boats or persons, operating too fast for c…

(A) A person who operates any water device in such a manner as to indicate either a wilful or wanton disregard for the safety of persons or property is guilty of reckless operation. (B) Reckless operation includes, but is not limited to, weaving through congested vessel traffic a…

(A) It is unlawful for a person to operate a moving motorized water device or water device undersail upon the waters of this State while under the: (1) influence of alcohol to the extent that the person's faculties to operate are materially and appreciably impaired; (2) influence…

(A) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs operates a moving water device, or is in actual control of a moving water device within this State and causes great bodily injury or death of a person other than himself, is gui…

(A)(1) A person who operates a water device is considered to have given consent to chemical tests or analysis of his breath, blood, or urine to determine the presence of alcohol, drugs, or a combination of both, if arrested for an offense arising out of acts alleged to have been …

When the death of a person ensues within three years as a proximate result of injury received by the operation of a boat in reckless disregard of the safety of others, the person operating the boat is guilty of reckless homicide. A person convicted of reckless homicide or a perso…

Notwithstanding any other provision of law, a person must submit to either one or a combination of chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol, drugs, or a combination of alcohol and drugs, if there is probable cause to bel…

(A) A person who operates any water device while his privileges are suspended is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for thirty days for the first violation; for a second violation must be fined five hundred dollars and im…

Neither the owner, his agent, or employees of a boat livery operating in this State shall permit any vessel to depart from his premises unless it is in sound and safe operating condition, have a valid registration, is properly numbered and is provided, either by the owner or the …

It is unlawful for a person to swim within fifty feet of a public boat landing or ramp located on a lake or reservoir constructed or developed by an investor-owned utility for hydroelectric generation. For purposes of this section, a public boat landing or ramp is one owned or ma…

(A) It is the duty of the operator of a vessel involved in a collision, accident, or other casualty, if he can do so without serious danger to his own vessel, crew, or passengers, to render assistance as may be practical or necessary to persons affected by the collision, accident…

In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the department pursuant to Sections 50-21-310 and 50-21-130 shall be transmitted to the official or agency of the United States fo…

A person who discharges a firearm at a public boat landing or ramp is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-1-130.

Editor's Note Former SECTION 50-21-147 was entitled "No wake zone in vicinity of Kiawah Docking Facility" and was derived from 1984 Act No. 502, SECTION 3; 1993 Act No. 181, SECTION 1269.

It is unlawful to obstruct any pier, dock, wharf, boat ramp, or the access area to the facilities. Any vessel, vehicle, or other object left unattended which obstructs any of the facilities or the access to them may be removed entirely at the risk and expense of the owner. The de…

Editor's Note Former SECTION 50-21-149 was entitled "No wake zone on certain part of Congaree River" and was derived from 1988 Act No. 551, SECTION 1; 1993 Act No. 181, SECTION 1269.

A person who violates this chapter or regulations promulgated by the department pursuant to it where the penalty is not specified is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five nor more than two hundred dollars or imprisoned not more than…

(A) Except as provided in subsection (B), all fees or fines collected pursuant to this chapter must be held and utilized for the purpose of paying the expenses of the Natural Resources Enforcement Division of the department and other department operations. Twenty-five percent of …

The statutes and regulations, including the United States Coast Guard Navigational Rules that pertain to watercraft and watercraft safety, associated marine equipment, performance and operation of watercraft, standard numbering and registration of watercraft, and boating accident…

(A) The operator and crew of any watercraft operating in state waters are required to heave to when signaled or hailed and allow boarding by law enforcement officers or U.S. Coast Guard personnel. (B) The operator, crew, and passengers of any watercraft operating in state waters …

It shall be unlawful to ride a surfboard within one hundred yards of any fishing pier in Game Zone No. 7 and Georgetown County. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or imp…

It is the policy of this State to promote safety for persons and property in and connected with the use, operation, and equipment of vessels and to promote uniformity of laws relating thereto.

Abandoned vessels, derelict vessels, and sunken vessels are declared to be public nuisances that must be abated as provided in this article.

(A) For the purposes of this article: (1) "Abandoned vessel" means a vessel that: (a) is wrecked or junked; (b) does not have a visible identifier; and (c) remains on the waters of the State, or on public property adjacent thereto, for at least ten consecutive days from the day a…

(A) It is unlawful for a person to cause or allow a vessel to become an abandoned vessel or a derelict vessel. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars, imprisoned for not more than six…

Notwithstanding Section 5-7-140(B), the corporate limits of a municipality bordering on the high-water mark of a navigable body of water are extended outward by one mile for the purpose of enforcing this article.

(A) The department, or a local law enforcement agency with jurisdiction, upon locating a vessel that is wrecked or junked, must determine whether the vessel has a visible identifier. (1) If the vessel has a visible identifier, then the department or local law enforcement agency m…

The department, or a local law enforcement agency with jurisdiction, must remove a derelict vessel notice if within fourteen days of the posting of the notice a responsible party provides a bona fide plan of removal to the department. If the vessel remains wrecked or junked thirt…

(A) An abandoned vessel or a derelict vessel is subject to removal at any time by any person without liability to a responsible party. A person who removes and disposes of an abandoned vessel or a derelict vessel may commence a civil action against a responsible party within thre…

(A) A sunken vessel in the waters of the State must be removed by a responsible party: (1) before the date the vessel will be declared a derelict vessel or an abandoned vessel, as appropriate, if the vessel received an abandoned vessel notice or a derelict vessel notice prior to …

The Department of Environmental Services, in cooperation with the department, must develop and maintain an application and website for law enforcement and the public to report vessels that are wrecked, junked, or that have sunk.

(A) For the purposes of this section, "floating structure" means a man-made object other than a watercraft that is capable of flotation and that is not authorized by a permit issued by an agency of this State. (B) The provisions of Title 50 and other applicable laws of this State…

Editor's Note Former SECTION 50-21-35 was entitled "Use of demonstration numbers; contents of application form; penalties" and was derived from 1999 Act No. 100, Part II, SECTION 64.I.

The administration of this chapter shall be vested in the department. The department shall enforce this chapter through its Natural Resources Enforcement Division.

Officers and employees of the Department engaged in the work of administering and enforcing the provisions of this chapter may administer oaths and acknowledge signatures and must do so without fee.

This act may be cited as the "South Carolina Boating and Safety Act of 1999."

The director shall employ or assign such clerical, administrative, technical and enforcement personnel as may be required to carry out the provisions of this chapter.

Editor's Note Former SECTION 50-21-60 was entitled "Personnel, expenses, and salaries approved by Budget and Control Board" and was derived from 1962 Code SECTION 70-295.5; 1955 (49) 299; 1959 (51) 409; 1993 Act No. 181, SECTION 1269.

(1) The department may promulgate regulations which establish boat construction or associated equipment performance or other safety standards. (2) In order that boatmen may pass from jurisdiction to jurisdiction in an unhindered manner: (a) Regulations promulgated by the departme…

The expenses and cost of administration of this chapter shall at no time exceed the revenue derived through the provisions of this chapter and funds received from the federal government for use in administering boating laws.

(A) As used in this section: (1) "Aids to navigation" means any device designed or intended to assist a navigator to determine his position or safe course or to warn him of danger or obstructions to navigation. (2) "Regulatory markers" means any device which indicates to a vessel…

Any person employed or elected by this State or political subdivision thereof, whose duty it is to preserve the peace or to make arrests or to enforce the law including, but not limited to, members of the sheriff's departments, state police, enforcement officers, deputies, or oth…

No person shall operate a motorboat on any waters of this State for towing a person or persons on water skis, or an aquaplane, or similar device, unless there is in such motorboat a person, in addition to the operator, in a position to observe the progress of the person or person…

No person shall operate a vessel on any waters of this State towing a person or persons on water skis, aquaplane, a surfboard, or similar devices, nor shall any person be engaged in water skiing, aquaplaning, surfboarding, or similar activity at any time between the hours from su…

The provisions of Sections 50-21-810 and 50-21-820 do not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under Section 50-21-1010.