1. (A) Any trap used under authority of this article shall conform to one of the following specifications:

   1. (1) the trap shall be made of wire or textile material and be cylindrical in shape of a length of not more than six feet and a width of not more than three feet.

      1. (a) the mesh size shall not be smaller than one inch by one inch and there shall only be one application of exterior wire to the trap;

      2. (b) the muzzle shall have one of the following designs:

         1. (i) a trap door on the second muzzle or catch muzzle which remains in a closed position and which only opens for the entry of fish into the trap; the trap door shall be constructed of the same material as the trap;
         2. (ii) construction of a netting so that the opening of the small end of the second muzzle or catch muzzle is held in the shape of a slit and the trap configuration constructed such that as the trap rests on the bottom the slit shall be oriented horizontally with the greatest vertical opening being no greater than one inch.

   2. (2) the trap shall be made of wood strips or slats and be cylindrical or rectangular in shape. The length shall not exceed six feet and the width or diameter shall not exceed two feet.

      1. (a) the throat opening of the catch muzzle in a resting position shall not exceed three inches measured in any direction.
      2. (b) the sides, top and rear of the trap shall have a minimum of one inch openings between the slats to allow for the escape of small catfish. This shall apply only to the last twelve inches of the trap.

2. (B) Any eel pot used under authority of this article shall conform to the following specifications:

   1. (1) pots shall be no larger than twenty-four inches by forty-eight inches;

   2. (2) all eel pots shall be constructed of wire so that:

      1. (a) the mesh size is no smaller than one-half by one-half inch, except for the throat or muzzle and the end opposite the throat or muzzle of cylindrical pots;
      2. (b) a throat opening not to exceed two inches measured in any direction.

3. (C)

   1. (1) Traps and eel pots may be suspended above the bottom of the body of water in which they are used at a depth which does not create a hazard to watercraft passing over them.
   2. (2) There shall be no restriction on the type of bait permissible in traps or eel pots, except that no game fish or any part thereof shall be used for bait.
   3. (3) There shall be no closed season for fishing with traps or eel pots in the freshwaters of this State in which the use of traps or eel pots is permitted except temporarily by regulation of the Department if low water conditions or any emergency situation develops.
   4. (4) No trap or eel pot shall be placed within one hundred feet of the mouth of any tributary stream and no trap or pot shall be placed anywhere in the diversion canal connecting Lakes Marion and Moultrie nor placed within two hundred yards of permanent man-made structure of Lakes Marion and Moultrie.
   5. (5) No crab pot or trap of like design shall be used in the freshwaters of this State.

HISTORY: 1981 Act No. 170, Section 1; 1987 Act No. 68, Section 1; 1993 Act No. 181, Section 1263.