Fishing vs swimming: who has the right-of-way in the Myrtle Beach area? What SC law says

The Grand Strand is a popular destination for all things beach. Locals and tourists alike enjoy shelling, swimming, surfing, fishing, sunbathing and more. But two activities in particular seem to create arguments, especially during the peak summer season: swimming and surf fishing.

It isn’t safe for people to be in the same area of water that an angler is fishing in, so if they want the same spot someone has to move. But who? Here’s what the law says about who has the right to a spot on the beach.

South Carolina

On a state level, South Carolina doesn’t have much information about whether fishing or swimming takes priority on beaches on the books. It doesn’t require a minimum distance between anglers and people in the water or on the shore, but it does address the right to fish and hunt.

According to the South Carolina Code of Laws, “it is unlawful for a person willfully to impede or obstruct another person from lawfully hunting, trapping, fishing, or harvesting marine species.”

The South Carolina Department of Natural Resources (SCDNR) handles cases about the right to hunt or fish but such cases involve many factors and the way a dispute between an angler and a swimmer would be addressed isn’t clear.

“These involve situations where one individual is obstructing/impeding another’s ability to lawfully hunt or fish,” SCDNR media coordinator Erin Weeks said in an email. “If such an instance is called in, our officers respond and investigate and can issue a ticket – but it’s difficult to say how a hypothetical situation would play out, so we can’t comment on what might happen in a swimmer/angler scenario.”

If a person is determined to be in violation of the law, they’re guilty of a misdemeanor and will be fined $25 to $200 or imprisoned for 10 to 30 days. They would also lose the privilege to hunt, trap, fish or harvest marine species for a year.

The SCDNR also works closely with municipalities and local law enforcement, according to Weeks, and these entities might resolve a situation where an angler and a swimmer were at odds.

Horry County

Horry County’s Code of Ordinances allows fishing from the shore and requires that anglers and swimmers both stay at least 50 feet from ocean fishing piers.

There isn’t a clear answer on who gets priority in a situation where a swimmer and an angler want to set up in the same area on the beach, but the Code of Ordinances mandates anyone fishing doesn’t create an unsafe condition for other beach goers.

“Both fishermen and swimmers should exercise common courtesy and act in good faith when it comes [to] sharing an area of the beach,” said Thomas Bell, deputy director of Horry County’s Public Information Office in an email.

While it cites maintaining a safe distance, the county doesn’t have an exact definition of what that is. In a scenario where a swimmer and an angler want the same spot on the beach, the county doesn’t give right-of-way to either party.

“Since a fisherman is using a tool that has a hazard (fish hook) they should take caution if swimmers are present,” Bell wrote. “At the same time, if a fisherman has established an area to fish in the surf without swimmers present, swimmers that arrive after should make efforts to avoid that established area.”

Myrtle Beach

In a dispute over a spot on the beach between someone fishing and someone swimming, the city of Myrtle Beach has a clear answer on who gets to stay: the swimmer.

“It shall be the responsibility of the person fishing to maintain a minimum distance of 50 feet from persons in the water. Persons in the water shall have the right-of-way,” the Myrtle Beach Code of Ordinances says.

The code also stipulates that a person fishing on an area beach can’t set up in front of a franchise’s umbrella line or fish in a way that endangers beach goers. Even if the angler sets up in an area first, if a swimmer shows up they are required to move.

“If someone is fishing and people enter the water to swim within 50 feet of them, it is the fisher’s responsibility to move,” Myrtle Beach director of public information Meredith Denari told The Sun News in an email.

One exception is near piers, where bigger fish tend to dwell and swimmers risk getting swept under the pier. According to the code of ordinances, fishing is the only aquatic activity permitted within 75 yards of a pier.

North Myrtle Beach

The city of North Myrtle Beach doesn’t have a stated right-of-way between swimmers and anglers or require a minimum distance between them, but it does specify some limitations on fishing.

The North Myrtle Beach Code of Ordinances gives lifeguards and public safety officers the authority to require people to cease fishing in situations where it’s, “in the interest of public safety,” until the officer deems it safe to continue.

“When the beaches get crowded and we have people wanting to swim we will typically ask individuals to take a break from fishing until later in the afternoon,” North Myrtle Beach Police Department beach patrol manager Monty Reed said in an email.

The city doesn’t have a definitive policy on the books like Myrtle Beach does, but in a dispute an angler might be asked to move.

“We try our best to make sure that everyone has an enjoyable day at the beach. That may be a request to the individual to move down the beach a little while fishing,” wrote Reed. “Complaints are very rare and we do our best to be proactive in addressing any concerns from beach goers.

So who gets to stay? Outside of the city of Myrtle Beach, there really isn’t a clear answer. Common sense and respectful interactions are probably the best way to resolve a situation where people want to fish and swim in the same area. If authorities do get involved, the agency or office responding and the individual circumstances of the dispute will likely factor into the outcome.