View Amendment Current Amendment: 1070C003.SWB.CM14.docx to Bill 1070     Senator SHANE MARTIN proposed the following amendment (SWB\1070C003.SWB.CM14):
    Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION 1.     Article 3, Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-525. The department may promulgate regulations for wildlife management areas, heritage trust lands, and other properties owned or leased by the department to establish seasons, dates, areas, bag limits, and other restrictions for hunting and taking wild turkey."

SECTION 2.     Article 3, Chapter 11, Title 50 of the 1976 Code is amended by adding:
    "Section 50-11-580. (A) Notwithstanding the provisions of Section 50-11-520 or any other provision of law or regulation, the season for hunting and taking a male wild turkey is March 20 through May 5.
    (B)     The Saturday and Sunday preceding March 20 of each year is declared to be 'South Carolina Youth Turkey Hunt Weekend'. A person less than eighteen years of age may be considered to be a youth hunter, and the license and permit requirements for hunting turkey are waived for youth hunters during this period. However, a youth turkey hunter must possess a turkey transportation tag and is limited to taking one turkey during the two-day period. A licensed hunter at least twenty-one years of age must accompany a youth hunter in the field and may not harvest or attempt to harvest turkey during this special hunting period, but is permitted to call turkeys for the youth. The licensed hunter that accompanies the youth must have all licenses, permits, and tags required to hunt turkey.
    (C)     The season bag limit per person for male wild turkeys is three which may be taken with archery equipment or any lawful firearm and ammunition. An individual also may obtain an archery only turkey tag allowing them to take one additional male wild turkey during the open season by means of archery equipment only. The bag limits contained in this section are statewide unless otherwise specified by regulation."

SECTION 3.     Section 50-11-530 of the 1976 Code is amended to read:
    "Section 50-11-530. The department may, at its discretion, prescribe methods by which turkeys may be taken in each game zone and may fix the specific areas of the zones in which turkeys have become numerous enough to be harvested. The department may designate the sex of the turkeys that may be taken and may prescribe any other promulgate emergency regulations considered necessary and expedient for the proper control of the harvesting of wild turkeys in the game zones."

SECTION 4.     Section 50-11-540 of the 1976 Code is amended to read:
    "Section 50-11-540. Any person taking, attempting to take, or having in his possession turkey illegally or taking, attempting to take, or killing turkey in any way not prescribed by the department is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than one five hundred dollars or imprisoned for not more than thirty days. In addition, a person taking a wild turkey unlawfully must be required to make restitution to the department in the amount of up to five hundred dollars for each bird taken. In addition, a person convicted of taking a wild turkey illegally forfeits hunting and fishing privileges for one year for each bird taken."

SECTION 5.     Section 50-11-544 of the 1976 Code is amended to read:
    "Section 50-11-544. A person who hunts wild turkeys is required to possess a set of wild turkey transportation tags issued by the department at no cost. All turkeys taken must be tagged before being moved from the point of kill. All tags must be validated as prescribed by the department before a turkey is moved from the point of kill. No person may obtain or possess more than one set of turkey tags."

SECTION 6.     Article 3, Chapter 11, Title 50 of the 1976 Code is amended by adding:
    "Section 50-11-545. All wild turkeys taken shall be accurately reported by the taker or in the taker's immediate presence by 10:00 p.m. on the day taken through a Telecheck Harvest Reporting System operated by the department. The Telecheck confirmation number shall be recorded immediately on the turkey transportation tag issued pursuant to Section 50-11-544. All turkeys shall be reported through the Telecheck Harvest Reporting System prior to processing or being removed from the state."

SECTION 7.     The Telecheck Harvest Reporting System operated by the Department of Natural Resources shall be used to track turkey harvests in lieu of the turkey harvest mail-in survey currently being used by the department. The department shall develop the system in 2015. The system shall be implemented in time to be used for the 2016 and 2017 turkey seasons.

SECTION     8.     (A)     The Department of Natural Resources must provide an annual report of the wild turkey resources in South Carolina to the chairmen of the Senate Fish, Game and Forestry Committee and House Agriculture and Natural Resources Committee. The annual report must include information and analysis of current and prospective hen-to-tom ratios; the necessity of a fall hen season; the necessity of an archery season with separate dates and bag limits; and the necessity of imposing reduced limits and increased privilege fees for non-resident turkey hunters.
    (B)     Within one-hundred and eighty days of the conclusion of the third turkey season following the effective date of this law, the department must conduct a final analysis of the wild turkey resources in South Carolina and provide a report recommending any changes to the wild turkey season and bag limits to the chairmen of the Senate Fish, Game and Forestry Committee and House Agriculture and Natural Resources Committee. The department's report must include the information specified in item (A) of this section. It must also include and make recommendations based upon data yielded from the Telecheck Harvest Reporting system operated during 2016 and 2017 wild turkey hunting seasons.
    (C)     Subsection (A) is repealed when the department provides the final report required by item (B).

SECTION     9.     The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION     10.     This act takes effect upon approval by the Governor. Provided, upon the effective date of this act until November 7, 2017, the provisions of Section 50-11-520 are suspended. On November 7, 2017, the turkey hunting seasons and bag limits in effect for the respective counties prior to the effective date of this Act and delineated in Section 50-11-520 are effective, and Sections 50-11-545 and 50-11-580 are repealed. /

    Renumber sections to conform.
    Amend title to conform.