S.C. Code Regs. § § 123-201

Current through Register Vol. 48, No. 10, October 25, 2024
Section 123-201 - Definitions

For purposes of this regulation:

"All terrain vehicle" means a motorized vehicle, regardless of the number of wheels, designed or constructed primarily for use off of paved or improved roads.

"Boats" mean any watercraft, including but not limited to motorboats, sailboats, personal watercraft, canoes, kayaks, sailboards, rafts, inflatable boats, shells, and rowboats.

"Camping" means the overnight occupancy of land owned or leased by the Department.

"Department" means the South Carolina Department of Natural Resources.

"Department land" means real property, including any buildings, structures, or improvements, owned by the Department in fee simple, including but not limited to game preserves or reserves, heritage preserves, boat landings, and Department land designated as wildlife management area land.

"Ecofacts" are carbonized plant remains, animal bones, and shells utilized as food by historic and prehistoric peoples. "Fireworks" means any device for producing any display, such as light, noise, or smoke, by the combustion of explosive or flammable compositions.

"Fishing" means all activity and effort involved in taking or attempting to take fish.

"Hiking" means traversing land by foot for the purpose of pleasure or exercise, except traversing in connection with any other activity regulated by this regulation.

"Horse riding" means any equestrian activity.

"Hunting" means the act of trying to find, seek, obtain, pursue, or diligently search for wildlife for sport, regardless of whether wildlife is taken or not. The act of seeking wildlife or the pursuit of wildlife as sport, such as but not limited to raccoon hunting and training hunting dogs shall be deemed hunting. Any person accompanying a hunter or hunters and participating in a hunt in any regard shall be deemed to be hunting.

"Motorized vehicle" means a device incorporating a motor or an engine. "Nonmotorized vehicle" means a device not incorporating a motor or an engine of any type for propulsion, and with wheels, tracks, skids, skis, air cushion, or other contrivance for traveling on or adjacent to land. It shall include such vehicles as bicycles, skates, and in-line skates.

"Off road vehicle" means a motorized vehicle that includes stock enhancements to improve its ability for use off of paved or improved roads or a vehicle that has been modified from its stock condition to enhance its ability for use off of paved or improved roads.

"Pack animal" means any beast, including but not limited to horses, mules, donkeys, and llamas, used for the purpose of transporting equipment, gear, or other articles.

"Pets" mean any domesticated animal which is kept for the pleasure of the owner; however, for purposes of this regulation, pets may not include dangerous or venomous animals or any animal classified as threatened, endangered, or in need of management by any state or the federal government. A raptor, permitted as provided under R.123-170, will be deemed a pet.

"Pollution" or "polluting" means the direct or indirect act of throwing, draining, depositing, or otherwise discharging organic or inorganic matter in or on land.

"Primitive Camping" means the overnight occupancy of land, utilizing nothing more than temporary shelter such as a tent or tarp transported to the camping site by backpacking or by watercraft.

"Rock climbing" means the sport of ascending or descending rock faces of such vertical angle that the climber must use technical climbing techniques to safely negotiate the climb. This includes all free, aided, and friction climbing where ropes, pitons, nuts, chocks, screws, carabiners, snap links, chalk, ropes, fixed or removable anchors, or other similar climbing equipment is used.

"Rocks, artifacts, or ecofacts" shall include but not be limited to arrowheads, spear points, scrapers, drills, soapstone and soapstone objects, pottery sherds and vessels, bottles, beads, brick, tabby, metal objects (such as buttons, buckles, ordnance, insignia), charcoal, shells, plant remains, animal remains, and bone tools.

"Shells" mean the hard rigid, usually calcareous, covering of an animal.

"Specialty animals" mean all animals other than domestic pets; those native and imported animals which have been removed from the wild and are being bred, raised or kept for research, food, fur or skins, or for the production of income. Reptiles and amphibians are included in this category. "Service animals" are not considered "Specialty animals".

"Taking" means to shoot, wound, kill, trap, capture, or collect, or attempt to shoot, wound, kill, trap, capture, or collect any wildlife.

"Weapon" means an instrument of offensive or defensive combat, including firearms, capable of injuring human beings or animals; provided, however, implements such as small pocket or kitchen knives normally will not be considered as weapons.

"Wildlife" means all wild birds, wild game, fish, and any wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean, or other wild animal not otherwise legally classified by statute or regulation of this State as a game species.

"Wildlife management area land" means those lands leased or otherwise established by the Department for the protection, propagation, and promotion of fish and wildlife and for public hunting and fishing.

S.C. Code Regs. § 123-201

Added by State Register Volume 26, Issue No. 5, Part 2, eff May 24, 2002. Amended by State Register Volume 34, Issue No. 6, eff June 25, 2010.