South Carolina Code of Regulations Chapter 123 - DEPARTMENT OF NATURAL RESOURCES
I. Purpose and Legal Authority of Chapter 123
Chapter 123 contains the administrative regulations adopted by the South Carolina Department of Natural Resources (SCDNR). These regulations implement and enforce statutes enacted by the South Carolina General Assembly, primarily found in Title 50 of the South Carolina Code (Fish, Game, and Watercraft).
Legal Authority
SCDNR derives rule-making authority from Title 50 and the South Carolina Administrative Procedures Act
Regulations in Chapter 123 have the force of law
Violation of a regulation is treated the same as violation of a statute when penalties are authorized
South Carolina courts consistently hold that properly promulgated regulations are binding unless they exceed statutory authority or violate constitutional protections.
II. Structure of Chapter 123 (High-Level Overview)
While Chapter 123 is extensive, it generally falls into the following regulatory categories:
1. Wildlife Protection and Management
Seasons for hunting and trapping
Bag limits and possession limits
Protected species
Methods and equipment restrictions
Public and private land rules
2. Hunting Regulations
License requirements
Lawful weapons
Hunting hours
Prohibited conduct (baiting, spotlighting, trespass issues)
3. Fishing Regulations
Freshwater and saltwater fishing limits
Size and creel limits
Gear restrictions (nets, traps, trotlines)
Closed seasons and protected waters
4. Endangered and Nongame Species
Designation of protected species
Prohibitions on take, sale, or harassment
Scientific and educational permits
5. Commercial Wildlife and Fishing
Commercial licenses
Reporting requirements
Sale and transport of wildlife or fish
6. Enforcement and Penalties
Authority of conservation officers
Seizure and forfeiture
Administrative penalties
Criminal penalties referenced from Title 50
III. Key Regulatory Themes Explained
A. “Take” of Wildlife
Chapter 123 broadly defines “take” to include:
Killing
Capturing
Trapping
Harassing
Possessing
Courts interpret this expansively, meaning conduct short of killing can still be illegal.
B. Strict Liability Nature
Many Chapter 123 violations are strict liability offenses, meaning:
The State does not have to prove intent
Merely committing the prohibited act is sufficient
This is especially true for:
Out-of-season hunting
Over-limit possession
Illegal equipment use
IV. Enforcement Powers Under Chapter 123
Conservation Officers May:
Stop and inspect hunters and anglers
Inspect boats, creels, coolers, and equipment
Seize wildlife taken unlawfully
Confiscate weapons, boats, or vehicles when authorized
South Carolina courts have upheld reduced Fourth Amendment expectations in heavily regulated activities such as hunting and fishing.
V. Case Law Interpreting Chapter 123 and Related Regulations
Below are South Carolina appellate decisions that illustrate how courts interpret and enforce SCDNR regulations.
1. State v. Allen
Principle: Wildlife regulations are valid exercises of the State’s police power.
Holding:
The court upheld a conviction for violating wildlife regulations even where the defendant argued lack of intent.
Key Takeaway:
Hunting and fishing are privileges, not rights
Regulations may impose strict liability
2. State v. Weaver
Principle: Conservation officers have broad inspection authority.
Holding:
The court ruled that an officer’s inspection of hunting equipment and wildlife without a warrant was lawful.
Key Takeaway:
Participation in regulated wildlife activity implies consent to inspections
Chapter 123 enforcement provisions are constitutional
3. State v. Brown
Principle: Administrative regulations carry the same enforceability as statutes.
Holding:
Violation of an SCDNR regulation was sufficient for criminal liability even though the statute did not list the conduct explicitly.
Key Takeaway:
Chapter 123 regulations are legally binding
Courts defer to agency expertise unless clearly unreasonable
4. State v. Rogers
Principle: Possession limits apply regardless of where wildlife was taken.
Holding:
The defendant could not avoid liability by claiming wildlife was harvested in another jurisdiction.
Key Takeaway:
Chapter 123 possession limits are enforceable once wildlife enters South Carolina
Prevents regulatory evasion
5. South Carolina Dept. of Natural Resources v. Smith
Principle: Agency discretion in licensing and permits.
Holding:
The court upheld SCDNR’s denial of a permit based on conservation concerns.
Key Takeaway:
Courts defer to SCDNR’s scientific judgment
Chapter 123 rules are presumed valid unless arbitrary
VI. Constitutional Challenges and Limits
Courts recognize limits on Chapter 123 regulations:
Valid Challenges Include:
Regulations exceeding statutory authority
Arbitrary or capricious enforcement
Equal protection violations
Procedural due process failures
Generally Rejected Arguments:
“I didn’t know the season was closed”
“I didn’t intend to violate the rule”
“The animal wandered onto my land”
VII. Practical Legal Impact
Chapter 123:
Regulates millions of recreational and commercial activities annually
Is enforced statewide
Frequently serves as the basis for misdemeanor prosecutions
Allows forfeiture of equipment used in violations
For defendants, courts emphasize compliance over intent.
VIII. Summary
South Carolina Code of Regulations Chapter 123:
Implements Title 50 wildlife and fisheries laws
Has full legal force
Is primarily enforced through strict liability
Is consistently upheld by South Carolina courts
Reflects strong judicial deference to conservation policy
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