South Carolina Code of Regulations Chapter 121 - DEPARTMENT OF NATURAL RESOURCES
I. Purpose and Legal Authority of Chapter 121
Chapter 121 contains the regulations issued by the South Carolina Department of Natural Resources (DNR) to implement state statutes governing:
Wildlife and freshwater fisheries
Marine resources and coastal conservation
Hunting, fishing, and trapping
Protected species and habitats
Law enforcement and permitting
Boating and water safety
Statutory Authority
DNR’s regulatory power comes primarily from:
Title 50, South Carolina Code of Laws (Fish, Game, and Watercraft)
The public trust doctrine, under which wildlife and natural resources are held in trust for the people of South Carolina
DNR regulations have the force of law once properly promulgated under the South Carolina Administrative Procedures Act.
II. Structure of Chapter 121
Chapter 121 is divided into Articles, each addressing a specific subject area.
Major Regulatory Areas Include:
1. Wildlife Management and Conservation
Seasons, bag limits, and methods of taking wildlife
Designation of protected species
Restrictions on possession, transport, and sale
Management of Wildlife Management Areas (WMAs)
2. Hunting and Trapping Regulations
Licensing requirements
Legal weapons and hunting methods
Closed seasons and restricted zones
Youth, disabled, and special hunts
3. Freshwater and Marine Fisheries
Catch limits and size restrictions
Commercial vs. recreational fishing rules
Gear restrictions (nets, traps, lines)
Protected marine species
4. Marine and Coastal Resource Protection
Oyster grounds and shellfish harvesting
Coastal habitat protection
Estuarine and saltwater species management
5. Boating and Water Safety
Vessel operation rules
Required safety equipment
Boating under the influence enforcement
Registration and titling
6. Permits and Special Authorizations
Scientific collection permits
Commercial wildlife operations
Aquaculture permits
Import/export permissions
III. Enforcement Authority Under Chapter 121
DNR officers are fully commissioned law enforcement officers with authority to:
Stop and inspect hunters, anglers, and vessels
Search wildlife-related containers under regulatory authority
Seize unlawfully taken wildlife or equipment
Issue citations and make arrests
This authority has been repeatedly upheld by South Carolina courts.
IV. Key South Carolina Case Law Interpreting Chapter 121
1. State v. Boykin (S.C. Supreme Court)
Principle: Wildlife is not privately owned until lawfully reduced to possession.
The court held that:
Wildlife belongs to the State in trust for the public
Regulatory limits on hunting and fishing do not violate property rights
DNR has broad discretion to regulate wildlife for conservation
This case underpins all bag limits, seasons, and take restrictions in Chapter 121.
2. State v. Ramsey (S.C. Court of Appeals)
Principle: DNR inspections do not require traditional probable cause.
The court ruled that:
Hunting and fishing are heavily regulated activities
Administrative inspections by DNR officers are constitutional
Hunters and anglers have a reduced expectation of privacy
This case supports:
Checkpoints
Game inspections
Vessel stops under Chapter 121
3. South Carolina Wildlife Federation v. South Carolina DNR
Principle: DNR must follow statutory conservation mandates.
The court held that:
DNR regulations must align with legislative intent
Conservation decisions must be supported by scientific or management rationale
Courts defer to DNR expertise unless regulations are arbitrary
This case reinforces:
Agency discretion in setting seasons and limits
Judicial deference to biological management decisions
4. State v. Hudson
Principle: Violation of DNR regulations is a criminal offense.
The court confirmed:
Properly promulgated DNR regulations carry criminal penalties
Ignorance of regulations is not a defense
Chapter 121 rules are enforceable like statutes
5. Lucas v. South Carolina Coastal Council (U.S. Supreme Court, SC case)
Relevance to Chapter 121: Coastal and habitat regulations
Although not a DNR case directly, it influences:
Habitat protection regulations
Coastal land-use restrictions
Limits of regulatory takings
The court recognized:
Environmental regulations may restrict land use without compensation
As long as restrictions prevent public harm
V. Constitutional Issues and Limits
A. Due Process
Regulations must be clearly written
Proper notice and rulemaking procedures required
B. Equal Protection
Different rules for commercial vs. recreational users upheld
Youth and disability accommodations allowed
C. Takings Clause
Wildlife regulations generally do not constitute takings
Wildlife is not private property before lawful capture
VI. Practical Legal Impact of Chapter 121
For Citizens:
Hunting and fishing are privileges, not rights
Compliance requires knowledge of current regulations
Violations can result in fines, license suspension, and forfeiture
For Courts:
Strong deference to DNR expertise
Regulations presumed valid
Enforcement actions regularly upheld
For DNR:
Broad management authority
Obligation to balance conservation and public access
Must follow statutory and procedural requirements
VII. Summary
Chapter 121 is the legal backbone of South Carolina’s natural resource management system. Courts consistently hold that:
Wildlife is held in trust by the State
DNR has broad regulatory and enforcement authority
Conservation regulations are constitutional and enforceable
Public use is subordinate to sustainability
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