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1976 South Carolina Code of Laws
Unannotated
Updated through the end of the 2001 Session

Copyright and Disclaimer

The State of South Carolina owns the copyright to the Code of Laws of South Carolina, 1976, as contained herein. Any use of the text, section headings, or catchlines of the 1976 Code is subject to the terms of federal copyright and other applicable laws and such text, section headings, or catchlines may not be reproduced in whole or in part in any form or for inclusion in any material which is offered for sale or lease without the express written permission of the Chairman of the South Carolina Legislative Council or the Code Commissioner of South Carolina.

This statutory database is current through the 2001 Regular Session and the 2001 Extra Session of the South Carolina General Assembly. Changes to the statutes enacted by the 2002 General Assembly, which will convene in January 2002, will be incorporated as soon as possible. Some changes enacted by the 2002 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, and users rely on the data entirely at their own risk.

The Legislative Council by law is charged with compiling and publishing the 1976 Code and it is maintained in a database which may be accessed for commercial purposes by contacting the Legislative Council or the office of Legislative Printing, Information and Technology Systems.

Title 50 - Fish, Game and Watercraft

CHAPTER 11.

PROTECTION OF GAME

ARTICLE 1.

GENERAL PROVISIONS

SECTION 50-11-10. Adoption of Federal Migratory Bird Treaty Act and regulations; additional prohibitions concerning hunting of waterfowl; penalties for violations.

(A) The Federal Migratory Bird Treaty Act and its implementing regulations are the law of this State. However, the board annually may set special seasons, bag limits, and methods for hunting and taking waterfowl consistent with the regulations. A violation of the regulations or related state law is a misdemeanor punishable by a fine of not less than fifty nor more than one hundred dollars or thirty days' imprisonment.

(B) If a person is convicted of one or more of the following offenses, he must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than ninety days:

(1) trespassing to hunt waterfowl;

(2) hunting waterfowl over bait;

(3) shooting waterfowl over bait;

(4) hunting waterfowl more than fifteen minutes before or after regularly designated hunting hours;

(5) possessing more than one waterfowl over the legal limit;

(6) hunting waterfowl out of season.

SECTION 50-11-15. Baiting prohibited in area over which migratory birds are hunted; offense; penalties; exceptions.

(A) It is unlawful to bait, assist in baiting, or cause to be baited an area over which migratory birds are being hunted if the persons engaged in the hunting have a lawful right to hunt that area. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

(B) A property owner shall not be prosecuted for a violation of subsection (A) where the person who is engaged in hunting is trespassing or hunting the baited area without the permission of the owner.

SECTION 50-11-20. Definitions; migratory waterfowl committee; responsibilities of committee; use of funds.

(A) As used in this article:

(1) "Board" means the governing body of the South Carolina Department of Natural Resources.

(2) "Committee" means the Migratory Waterfowl Committee.

(3) "Department" means the South Carolina Department of Natural Resources.

(4) "Migratory waterfowl" means members of the family "Anatidae", including brants, ducks, geese, and swans.

(B) There is created the Migratory Waterfowl Committee composed of nine members. A designee, who is not a paid employee, of Ducks Unlimited of South Carolina, a designee, who is not a paid employee, of the South Carolina Waterfowl Association, and the Chairman of the Board of the Department of Natural Resources, or his designee, shall serve ex officio. Two members are appointed by the Chairman of the Agriculture and Natural Resources Committee of the House of Representatives, two are appointed by the Chairman of the Fish, Game and Forestry Committee of the Senate, and two are appointed by the Governor, all of whom must be cognizant of waterfowl. The members of the committee shall serve for terms of three years and until successors are appointed and qualify. Vacancies are filled for the unexpired term in the manner of the original appointment. The members of the committee shall elect a chairman annually. Members of the committee are eligible to receive the per diem, subsistence, and mileage as is provided by law for members of boards, commissions, and committees.

(C) The committee is responsible for the creation of the annual migratory waterfowl stamp provided in Section 50-9-530, shall provide the design to the department, and shall recommend regulations to the department for the creation of migratory waterfowl stamp prints, their administration, sale, and distribution, and other matters relating to the stamps and their prints. If the committee sells any of the stamps, it shall purchase them from the department for five dollars and fifty cents a stamp, all of which is retained by the department. Funds derived from the sale of prints and related artwork must be expended as follows:

(1) The portion of the funds necessary to make up fifty percent of the total funds derived from the sale of the migratory waterfowl stamps and the migratory waterfowl stamp prints must be transferred by the committee to the department to be used for its specified projects.

(2) Except for the amount necessary for the committee to administer and promote the sale of any prints, stamps, or related articles, the remainder of the funds derived from the sale of the prints and related articles must be disbursed to an appropriate nonprofit organization as determined by the board for the development of waterfowl propagation projects within Canada. The projects must specifically provide waterfowl for the Atlantic Flyway and must demonstrate evidence that the projects are acceptable to the appropriate governmental agencies having jurisdiction over the project areas.

(3) The committee shall have an annual audit of its finances conducted by the State Auditor and shall furnish a copy to the board.

SECTION 50-11-25. Prohibition on taking migratory waterfowl from certain blinds or positions; construction and use of blinds; penalties.

(A) It is unlawful to take migratory waterfowl from blinds or positions where the floor level of the blind or the position is:

(1) more than ten feet above surface level in or around freshwater; or

(2) more than five feet above the mean high water in or around saltwater.

(B) A blind on public lands or waters must be constructed from biodegradable materials.

(C) Once vacated, a blind on public lands or waters may be used by persons on a "first come, first served" basis.

(D) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.

SECTION 50-11-26. Hunting migratory waterfowl in Bear Creek, Lancaster County, area without permission; penalties.

It is unlawful to hunt migratory waterfowl on Bear Creek in Lancaster County within two hundred yards of a dwelling without written permission of the owner or occupant. As used in this section, Bear Creek includes the area within the Bear Creek impoundment boundaries from the bridge on Beacon Road crossing the uppermost waters to the watershed dam as a lower boundary. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.

SECTION 50-11-27. Hunting and baiting on Lake Murray; violations and penalties.

(A) For purposes of this section:

(1) "Lake Murray" means and includes the area from Lake Murray Dam to one-half mile upstream of Harmon's Bridge on Secondary Road 41-44 and upstream to Kempson's Ferry Bridge on Highway 395, excluding tributaries;

(2) "bait" means shelled, shucked, or unshucked corn; wheat or grain; salt; or other feed that would constitute a lure, attraction, enticement, or bait to waterfowl;

(3) "to bait" or "baiting" means placing, exposing, depositing, distributing, or scattering bait.

(B) It is unlawful to hunt migratory waterfowl on that portion of Lake Murray lying within Newberry and Saluda Counties within two hundred yards of a dwelling or marina without written permission of the owner and occupant.

(C) It is unlawful to hunt migratory waterfowl on that portion of Lake Murray lying within Lexington and Richland Counties within three hundred fifty yards of a dwelling or marina without written permission of the owner and occupant.

(D) From November 1 to February 1 of the following year, it is unlawful to bait, assist in, or cause to be baited any of the waters of Lake Murray below the lakefront property line. Provided, nothing in this section makes it unlawful to casually feed foodstuffs to waterfowl or to fill and use bird and other wildlife feeders.

(E) A person who violates subsections (B) and (C) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.

(F) A person who violates subsection (D) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars.

SECTION 50-11-28. Unlawful to hunt migratory waterfowl on Lake Greenwood; penalties.

It is unlawful to hunt migratory waterfowl on Lake Greenwood within two hundred yards of a dwelling without written permission of the owner and occupant. As used in this section, Lake Greenwood includes the area from the Buzzard's Roost Dam upstream to the Smith Road Bridge pilings on the Saluda River, upstream to the Old Burnt Bridge on the Reedy River, and upstream to the SC Highway 72 bridge on Cane Creek. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.

SECTION 50-11-29. Unlawful to hunt migratory waterfowl on Lake Wateree; penalties.

It is unlawful to hunt migratory waterfowl on Lake Wateree within two hundred yards of a dwelling without written permission of the owner and occupant. As used in this section, Lake Wateree includes the area from Wateree Dam upstream to the Cedar Creek and Rock Creek Power Plant Dam. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. Provided, however, nothing in this section is intended to limit the restrictions of Section 50-19-1830.

SECTION 50-11-30. Extension of hunting season when season opens or closes on Sunday.

In all instances when the open season for the hunting of game expires on Sunday, the period is extended to include the following Monday. When the open season for hunting of game begins on a Sunday, hunting is allowed on the Saturday preceding and the season for hunting game opens on that day.

SECTION 50-11-31. Hunting near dwelling or marina on Potato and Wyboo Creeks prohibited; baiting prohibited; penalties.

(A) For purposes of this section:

(1) "Potato Creek" is the area lying east of Highway S-14-260 westward to the mouth of Potato Creek and the property controlled by Camp Bob Cooper 4-H Camp.

(2) "Wyboo Creek" is the area lying northward from a line connecting Green Island and Eagle Point on Lake Marion to Highway 260. This area will include the areas known as White Oak Slough, Air Port Slough, and Birch Branch.

(3) "Bait" means shelled, shucked, or unshucked corn; wheat or grain; salt; or other feed that would constitute a lure, attraction, enticement, or bait to waterfowl.

(4) "To bait" or "baiting" means placing, exposing, depositing, distributing, or scattering bait.

(5) "A dwelling" is a house or other structure in which a person or persons live; a residence; abode; occupied by a family as a place of residence, or a structure used as place of habitation.

(B) It is unlawful to hunt migratory waterfowl on Potato Creek or Wyboo Creek, as defined for purposes of this section, within two hundred yards of a dwelling or marina without written permission of the owner or occupant.

(C) From November first to February first of the following year, it is unlawful to bait, assist in, or cause to be baited any of the waters of Potato Creek and Wyboo Creek below the lakefront property line defined as the 76.8 marker. However, nothing in this section makes it unlawful to casually feed foodstuffs to waterfowl or to fill and use bird and other wildlife feeders above the 76.8 marker.

(D) A person who violates subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.

(E) A person who violates subsection (C) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars.

SECTION 50-11-40. Use of recorded sounds or amplified imitations of calls or sounds prohibited; penalties.

(A) It is unlawful for any person to hunt, catch, take, kill, or attempt to hunt, catch, take, or kill any game bird or game animal by the use or aid of recorded calls or sounds or recorded or electronically amplified imitations of calls or sounds.

(B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than one hundred dollars.

SECTION 50-11-45. Certain rifle defined as primitive weapon.

In addition to weapons defined as primitive weapons by statute or regulation, a rifle, .36 caliber or larger, which uses black powder only as its propellant charge and which has a one-eighth inch nonmagnified peep site on the rear of the barrel, is a primitive weapon.

SECTION 50-11-65. Training of bird dogs.

(A) Persons engaged in the business of training bird dogs in return for money, goods, or services may obtain a Bird Dog Trainer's License entitling them to the privileges provided in this section.

(B) The applicant for the license shall provide proof of ownership in or a recorded leasehold instrument for a tract of land to be designated as a bird dog training area. The applicant also shall provide a county or highway map designating the location of the property together with a tax map, aerial photograph, or plat designating the property boundaries. The bird dog training area may not exceed fifty acres for each licensee.

(C) The boundaries of the area must be posted every one hundred fifty feet or less with signs designating the area as follows: "Private Bird Dog Training".

(D) The application and the license must list the trainer and not more than two assistants, all of whom must have hunting licenses. Upon receiving a training license, the trainer and his two assistants may take pen-raised quail during the closed season for training dogs. No person, trainer, or assistant, may be listed on more than one license.

(E) The licensee shall maintain records showing the number of birds purchased or raised, released for bird dog training, and harvested as part of the training program, together with other records the department may require as a condition of the license. A copy of these records must be open for inspection by agents of the department at reasonable times and must be furnished to the department in an annual report before issuance of the next year's license. The fee for the license is fifty dollars, and the license expires annually June thirtieth.

(F) The trainer and his assistants shall make reasonable efforts to minimize the disturbance of wild quail during training. Birds released pursuant to this section must be banded, and recovery or recall pens may be used if the trainer is issued a permit for the pens. Unbanded quail taken in recall pens must be released immediately.

(G) A person possessing a hunting license may train bird dogs on private land at any time during the year. However, outside the established quail season, only weapons capable of firing blank ammunition may be used unless feral pigeons have been released and are being used in the training.

(H) A person violating subsection (C), (D), (E), (F), or (G) is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A trainer or assistant trainer who violates one or more of these subsections must have his privileges provided under this section suspended for two years from the date of conviction.

SECTION 50-11-90. Muzzleloader hunts

Notwithstanding regulations of the Department of Natural Resources, muzzleloader hunts may be held in Game Zone 2 (Abbeville, Anderson, Edgefield, Greenwood, Laurens, McCormick, Newberry, and Saluda counties).

SECTION 50-11-100. Enclosure impeding free range of deer being hunted; construction unlawful; registration of existing enclosures; expansion of registered enclosures; penalties.

(A) It is unlawful to construct a new enclosure which prevents or materially impedes the free range of the deer being hunted. For purposes of the definitions herein, "prevents or materially impedes" means erecting a fence in excess of six feet in height from ground level for the express purpose of corralling wild game for hunting purposes.

(B) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned for not less than one year nor more than three years, or both. The hunting and fishing privileges of a person convicted under the provisions of this section must also be suspended for two years. In addition, the court in which a person violating this section is convicted may order that restitution be paid to the department of not less than one thousand five hundred dollars for each animal taken in violation of this section and shall be ordered to remove the enclosure.

(C)(1) All owners or leasees of property which have enclosures which prevent or materially impede the free range of the deer being hunted must register with the department within thirty days after the effective date of this section, provided the enclosure is an existing, completed enclosure in that the construction of the enclosure is wholly complete in every respect and requires no further labor or material to erect or complete the construction of the enclosure thirty days after the effective date of this section.

(2) Except as provided in item (3), after an enclosure is registered with the department, the owner may expand but may not decrease the enclosed area. The owner may make repairs necessary for the care and maintenance of the enclosure.

(3) Expansion of a registered enclosure of less than seven hundred acres is limited to an aggregate of up to fifteen percent of the area of the enclosure as of the time the enclosure was registered. Expansion of a registered enclosure of seven hundred acres or more may not exceed an aggregate of four hundred acres. (D) It is unlawful to hunt deer with dogs in an enclosure registered with the department pursuant to Section 50-11-100(C)(1).

(E) It is unlawful to construct any mound, platform, or other device designed to allow animals into an enclosed area.

(F) If any term or provision of this section is declared unconstitutional, illegal, or unenforceable by a court of competent jurisdiction, the remainder of this section is severable and remains in full force and effect.

ARTICLE 2.

SMALL GAME

SECTION 50-11-110. Small game defined.

The following species constitute small game animals: raccoon, opossum, rabbit, squirrel, fox, quail, bobcat, beaver, mink, muskrat, skunk, otter, grouse, and weasel.

SECTION 50-11-120. Hunting season for small game; unlawful to hunt out of season; use of dogs.

(A) Except as specified in this section the season for hunting small game is Thanksgiving Day through March first. However, there is no open season on grouse except in Game Zone 1.

(1) Game Zone 1:

(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;

(b) squirrel: October first through March first with weapons and dogs;

(c) fox: year round but no weapons may be used January second through August fifteenth;

(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only;

(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;

(2) Game Zone 2:

(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;

(b) squirrel: October first through March first with weapons and dogs;

(c) fox: year round but no weapons may be used January second through August fifteenth;

(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only;

(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;

(3) Game Zone 3:

(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;

(b) squirrel: October first through March first with weapons and dogs;

(c) fox: year round but no weapons may be used January second through August fifteenth;

(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;

(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;

(4) Game Zone 4:

(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;

(b) squirrel: October first through March first with dogs and weapons;

(c) fox: year round but no weapons may be used February fifteenth through August fifteenth;

(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only;

(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;

(5) Game Zone 5:

(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;

(b) squirrel: October first through March first with weapons and dogs;

(c) fox: year round but no weapons may be used January second through August fifteenth;

(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;

(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;

(6) Game Zone 6:

(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;

(b) squirrel: October first through March first with dogs and weapons;

(c) fox: year round but no weapons may be used January second through August fifteenth. There is no closed season for the running of foxes with dogs for the purpose of training the dogs in a private enclosed fox-hunting-dog-training facility;

(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;

(e) quail: Monday before Thanksgiving Day through the first Saturday in March with weapons; October first through the Sunday before Thanksgiving Day without weapons;

(7) Game Zone 7:

(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;

(b) squirrel: October first through March first with dogs and weapons;

(c) fox: year round but no weapons may be used January second through August fifteenth;

(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;

(e) mink: September fifteenth through March first;

(f) muskrat: September fifteenth through March first;

(g) otter: September fifteenth through March first;

(h) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;

(8) Game Zone 8:

(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;

(b) squirrel: October first through March first with weapons and dogs;

(c) fox: year round but no weapons may be used January second through August fifteenth;

(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;

(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;

(9) Game Zone 9:

(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;

(b) squirrel: October first through March first with weapons and dogs;

(c) quail: Thanksgiving Day through the first Saturday in March;

(d) fox: year round without weapons; with weapons September first through January first;

(e) raccoon and opossum: August fifteenth through September fourteenth with dogs only; September fifteenth through March fifteenth with weapons and dogs; March sixteenth through May fourteenth with dogs only;

(f) mink: November first through March first;

(g) muskrat: November first through March first;

(h) otter: November first through March first;

(i) skunk: November first through March first;

(j) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;

(10) Game Zone 10:

(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;

(b) squirrel: October first through March first with weapons and dogs;

(c) fox: year round but without weapons January second through August fifteenth;

(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;

(e) mink: September fifteenth through March first;

(f) muskrat: September fifteenth through March first;

(g) otter: September fifteenth through March first;

(h) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;

(11) Game Zone 11:

(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;

(b) squirrel: October first through March first with weapons and dogs;

(c) fox: year round but without weapons January second through August fifteenth;

(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only.

(e) quail: Monday before Thanksgiving Day through March first with weapons; October first through the Sunday before Thanksgiving Day without weapons;

(B) In all game zones it is lawful to run rabbits with dogs at any time during the year in enclosures approved by the department.

(C) The season dates in this section are inclusive, except as otherwise provided. It is unlawful to hunt a game animal except during the seasons provided and as specified in this section. Unless otherwise specified during a small game season when weapons are allowed, dogs also may be used.

(D) As used in this section where night hunting is authorized, "night" means the time between one hour after official sundown of a day and one hour before official sunrise the following day.

SECTION 50-11-130. Penalties for hunting with firearms in Game Zone 9 during certain times.

A person hunting with firearms in Game Zone 9 from the first of May through August thirty-first of each year is guilty of a misdemeanor and, upon conviction, must be fined in an amount not to exceed one hundred dollars or imprisoned for a term not to exceed thirty days. If during any year the opening of the season for the hunting of doves is scheduled to begin prior to September first, the period during which hunting with firearms is prohibited under this section must be adjusted for that year to conform.

SECTION 50-11-140. Unlawful to hunt raccoons, opossums, or fox when carrying weapon during certain period.

During a period in which raccoons, opossums, or fox are allowed to be hunted without weapons, it is unlawful to take, attempt to take, or hunt the animals when carrying on one's person or in one's vehicle a firearm.

SECTION 50-11-150. Bag limits; unlawful to exceed.

For purposes of this section day means the time between one-half hour before sunrise one day and one-half hour before sunrise the following day. Night means the time between official sunset one day and official sunrise the following day. Where bag limits are specified on "a night" basis, and there is a day season specified in Section 50-11-120, there is no limit on game taken during daylight hours. It is unlawful to exceed the small game bag limits as follows:

(1) Game Zone 1:

(a) quail: ten a day;

(b) grouse: three a day;

(c) rabbit: five a day;

(d) squirrel: ten a day;

(e) fox: no limit;

(f) raccoon: three a party a night;

(g) opossum: three a party a night;

(2) Game Zone 2:

(a) quail: ten a day;

(b) rabbit: five a day;

(c) squirrel: ten a day;

(d) fox: no limit;

(e) raccoon: three a party a night;

(f) opossum: three a party a night;

(3) Game Zone 3:

(a) quail: fifteen a day;

(b) rabbit: five a day;

(c) squirrel: ten a day;

(d) fox: no limit;

(e) raccoon: no limit;

(f) opossum: no limit;

(4) Game Zone 4:

(a) quail: fifteen a day;

(b) rabbit: five a day;

(c) squirrel: ten a day;

(d) fox: no limit;

(e) raccoon: three a party a night;

(f) opossum: three a party a night;

(5) Game Zone 5:

(a) quail: ten a day;

(b) rabbit: five a day;

(c) squirrel: ten a day;

(d) fox: no limit;

(e) raccoon: three a party a night;

(f) opossum: no limit;

(6) Game Zone 6:

(a) quail: fifteen a day;

(b) rabbit: five a day;

(c) squirrel: ten a day;

(d) fox: no limit;

(e) raccoon: no limit;

(f) opossum: no limit;

(7) Game Zone 7:

(a) quail: ten a day;

(b) rabbit: five a day;

(c) squirrel: ten a day;

(d) fox: no limit;

(e) raccoon: no limit;

(f) opossum: no limit;

(8) Game Zone 8:

(a) quail: twelve a day;

(b) rabbit: five a day;

(c) squirrel: ten a day;

(d) fox: no limit;

(e) raccoon: three a party a night;

(f) opossum: no limit;

(9) Game Zone 9:

(a) quail: fifteen a day;

(b) rabbit: five a day;

(c) squirrel: ten a day;

(d) fox: no limit;

(e) raccoon: two a party a night;

(f) opossum: no limit;

(10) Game Zone 10:

(a) quail: ten a day;

(b) rabbit: five a day;

(c) squirrel: ten a day;

(d) fox: no limit;

(e) raccoon: three a night;

(f) opossum: no limit;

(11) Game Zone 11:

(a) quail: fifteen a day;

(b) rabbit: five a day;

(c) squirrel: ten a day;

(d) fox: no limit;

(e) raccoon: no limit;

(f) opossum: no limit.

SECTION 50-11-160. Unlawful to trap rabbits; exceptions.

It is unlawful for any person to trap rabbits, except that a landlord or tenant may use not more than five rabbit boxes on lands on which he has exclusive control during the open season for rabbits as provided by law.

SECTION 50-11-170. Penalties for buying, selling, or displaying for sale carcasses or parts of wild rabbits in Game Zones 2 and 4.

Any person who buys, sells, or displays for sale in Game Zones 2 and 4 the carcasses of wild rabbits or parts of wild rabbits is guilty of a misdemeanor and must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

SECTION 50-11-180. Trapping or snaring of quail prohibited; exceptions; requests for quail trapping permits; requirements.

The trapping or snaring of quail is prohibited except as permitted by the department for scientific or propagation purposes. Requests for quail trapping permits must be accompanied by proof of property ownership or lease-hold interest for the property upon which the quail traps are to be operated, a county or highway map designating the location of the property, and an aerial photo, a tax map, or a plan designating property boundaries. The department may deny or revoke a permit in its discretion.

ARTICLE 3.

BIG GAME

SECTION 50-11-310. Open season for antlered deer.

(A) The open season for taking antlered deer is:

(1) In Game Zone 1: October first through October tenth, with primitive weapons only; October eleventh through October sixteenth, and October thirty- first through January first, with archery equipment and firearms, Sundays excepted.

(2) In Game Zones 2 and 4: September fifteenth through September thirtieth, with archery equipment only; October first through October tenth, with primitive weapons only; October eleventh through January first, with archery equipment and firearms; Sundays excepted;

(3) Game Zones 5 and 7: with bow and arrow September first through January first and with firearms September fifteenth through January first;

(4) Game Zones 8 and 9: August fifteenth to August thirty-first with bow and arrow only and September first through January first with firearms. Antlerless deer may be taken December fifteenth through January first with bow and arrow only;

(5) Game Zone 10: September first through January first with bow and arrow only and with firearms September fifteenth through January first.

(B) Except as provided in subsection (A), the season for taking antlered deer is August fifteenth through January first.

(C) It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer.

(D) In Game Zones 1, 2, and 4 the department may promulgate regulations in accordance with the Administrative Procedures Act to establish the methods for hunting and taking of deer and for other restrictions for hunting and taking deer."

(E) Notwithstanding any other provision of law, it is not unlawful to hunt deer on Sunday on private land in Game Zone 4 during the prescribed season for hunting deer.

SECTION 50-11-335. Bag limit on antlered deer.

(A) The bag limit on antlered deer is as follows:

Game Zones 1, 2, and 4: as set by the department;

Game Zones 7, 8, and 10: five a season.

(B) For game zones not provided for in subsection (A), there is no day or season limit on antlered deer.

SECTION 50-11-340. Penalty for hunting deer during closed season.

Any person convicted of hunting deer during the closed season must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days. None of the fine may be suspended.

SECTION 50-11-350. Penalties for illegally taking, attempting to take, having in one's possession, or killing deer in Game Zones 1, 2, or 4 and on wildlife management area lands.

Any person taking, attempting to take, or having in his possession deer illegally or taking, attempting to take, or killing deer in any way prohibited by the department in Game Zone 1, 2, or 4 and on wildlife management area lands throughout the State is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

SECTION 50-11-355. Hunting deer near residences.

It is unlawful to hunt deer within three hundred yards of a residence without permission of the owner and occupant. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. The provisions of this section do not apply to a landowner hunting on his own land or a person taking deer pursuant to a department permit.

SECTION 50-11-356. Discharging weapon near poultry layer or broiler house prohibited; penalties.

It is unlawful to discharge a gun or weapon within three hundred yards of a poultry layer or broiler house containing live poultry without permission of the owner. Anyone knowingly violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. The provisions of this section do not apply to a landowner discharging a gun or weapon on his own land.

SECTION 50-11-380. Unlawful in Game Zone 1 to have in one's possession certain firearms or ammunition except during deer and bear season; penalties.

In Game Zone 1 it is unlawful, except during the season when the hunting of deer and bear is lawful, for any person engaged in the hunting of any game whatsoever to have in his possession any ammunition loaded with buckshot or larger shot or, while so engaged, to have in his possession a rifle, the caliber of which is greater than a caliber twenty-two, rimfire, or any rifle ammunition of a greater caliber than twenty-two.

Any person convicted of violating the provisions of this section must be imprisoned for not more than thirty days or fined not more than two hundred dollars.

SECTION 50-11-390. Departmental authority over game zones.

(A) The Department of Natural Resources may permit the taking of antlerless deer between September 15 and January 1, inclusive. The department may set bag limits and methods for hunting and taking of antlerless deer and other restrictions for the proper control of hunting and taking of antlerless deer.

(B) In all game zones, the department may issue individual tags for antlerless deer at a cost of five dollars each which must be used as prescribed by the department. These tags are valid statewide, except on properties receiving antlerless deer quota permits pursuant to subsection (C) of this section, and must be possessed and used only by the individuals to whom they are issued. Revenue generated from the sale of individual tags must be used to administer the tag program and for deer management and research. The department shall utilize twenty percent of this revenue for law enforcement.

(C) In all game zones, the department may issue antlerless deer quota permits to landowners or lessees at a cost of fifty dollars each. Revenue generated from the quota permits must be used to administer the tag program and for deer management and research.

(D) Antlerless deer taken pursuant to individual tags or quota permits must be tagged with a valid antlerless deer tag and reported to the department as prescribed. Each tag must be attached to the deer as prescribed by the department before the animal is moved from the point of kill. Antlerless deer taken pursuant to quota permits must be tagged, even if taken on designated either-sex days.

(E) The department may suspend the taking of antlerless deer or revoke any quota permit or individual tags when environmental conditions or other factors warrant.

(F) It is unlawful to hunt or take, possess, or transport antlerless deer, except as permitted by this section. A person violating the provisions of this section or the provisions for taking antlerless deer established by the department is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than five hundred dollars or imprisoned not to exceed thirty days.

SECTION 50-11-395. [1994 Act No. 349, Section 1, eff April 20, 1994] Repealed by 1997 Act No. 33, Section 4, eff May 21, 1997; 1997 Act No. 57, Section 4, eff June 5, 1997.

SECTION 50-11-400. Unlawful to possess deer with head detached when in transit from woods, swamps, fields, or roads; penalties.

It is unlawful for anyone in this State to have in his possession any deer with the head detached when the person is in transit from any woods, swamps, fields, or roads. Any person convicted of transporting a deer with the head detached must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

SECTION 50-11-410. Antlerless deer defined; unlawful to hunt, kill, take, or possess antlerless deer; exceptions; penalties.

For purposes of this chapter, antlerless deer means a female (doe) deer, a male (buck) deer not exhibiting two inch antlers visible above the natural hairline, or a male (buck) deer that has shed, broken, or otherwise lost its antlers. In South Carolina, it is unlawful to hunt, kill, take, or possess any antlerless deer on any property unless an open season has been declared on that property or an antlerless deer quota permit has been issued for the legal harvest of antlerless deer on that specific property. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

SECTION 50-11-420. Penalty for possession of recently killed venison or fresh deerskin during closed season.

Any person in whose possession recently killed venison or fresh deerskin is found during the closed season for hunting deer in that game zone by law is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for not more than thirty days.

SECTION 50-11-430. Killing of bear.

(A) It is unlawful to:

(1) hunt, take, or attempt to take a bear except during the open season which is set by the department;

(2) buy, sell, barter, or exchange a bear or bear part;

(3) possess or transport a freshly killed bear or a bear part except during the open season for hunting and taking bears.

(B) Each act constituting a violation is a separate offense.

(C) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned for not more than two years, or both. The hunting and fishing privileges of a person convicted under the provisions of this section must be suspended for three years. Equipment used or intended for use in violating this section is forfeited to the department. The court may order that restitution be paid to the department of not less than one thousand five hundred dollars for each bear or bear part which is the subject of a violation of this section.

SECTION 50-11-440. Black bears; feeding or enticing with food; penalty.

(A) It shall be unlawful for any person to feed or entice with food any black bear (Ursus americanus) except as follows:

(1) those persons feeding bears maintained in protective captivity under a permit issued by the department for education, scientific, commercial, or recreational purposes;

(2) department personnel;

(3) persons licensed or otherwise authorized by the department; or

(4) county or municipal animal personnel when relocating bears by baiting or enticement.

(B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in an amount not to exceed five hundred dollars or imprisoned for not more than thirty days.

SECTION 50-11-500. Provisions applicable to wild turkey.

(1) It is unlawful for any person to rob any wild turkey nest or own, possess, control, sell, or otherwise dispose of wild turkey eggs unless the possession of the eggs is authorized by permit issued by the department under the provisions of Section 50-11-1180.

(2) It is unlawful for any person to trap or snare any wild turkey or to hunt or shoot a wild turkey at any time from any natural or artificial blind or hiding place when the turkey is lured by bait. This does not apply to mechanical feeders when used in a planned conservation and management program approved by the department.

(3) It is unlawful for any person to hunt, kill, or possess female wild turkeys unlawfully killed at any time unless the department sets special open seasons for their taking under the provisions of Sections 50-11-520, 50-11-530, and 50-11-540.

(4) It is unlawful for any person to buy, sell, offer for sale, barter, or have in possession for sale any wild turkeys.

(5) It is unlawful for any person to release in the wild any pen-raised wild turkey unless that person is granted a permit to do so by the department. These permits are made after the department has caused a thorough study of the area on which pen-raised turkeys are to be released. The release of these turkeys is to take place under the supervision of department personnel. No pen-raised turkey may be released for any purpose unless they have been examined for parasites or disease and the release approved by the department not less than thirty days before the date of their release.

(6) It is unlawful for any person to buy, sell, offer for sale, barter or have in possession for sale any pen-raised wild turkeys or domestic turkeys for purposes of release in the wild. The department may authorize pen-raised wild turkeys to be released under permit on licensed privately owned shooting preserves if the wild turkeys are designated as legal shooting preserve game by the department, if they have been examined for parasites or disease, and the release approved by the department not less than thirty days before the date of their release. The taking of wild turkey on licensed shooting preserves is governed by Article 7 of this chapter.

(7) It is unlawful for any person to sell or give away pen-raised wild turkeys which are authorized to be released on licensed shooting preserves without the written consent of the department.

(8) It is unlawful for any person to shoot any wild turkey on its roost between thirty minutes after official sunset and thirty minutes before official sunrise.

(9) It is unlawful for any person to possess pen-raised wild turkeys without a possession permit issued by the department.

(10) A person who hunts or attempts to hunt a wild turkey is required to have in his possession a set of wild turkey transportation tags issued by the department or its designated agent at no cost. A wild turkey killed must be tagged before being transported from the point of kill. All bagged wild turkeys must be checked at a designated wild turkey check station. The daily bag limit for wild turkeys is two a day, not to exceed five during any one license year, and no person may take more than two wild turkeys during an open fall season. No hunter may possess more than one set of turkey tags. A set consists of five tags.

(11) It is unlawful for a person to take or attempt to take a wild turkey from a vehicle on a public road.

(12) It is unlawful for a person to take or attempt to take a wild turkey with a rifle.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days except, upon conviction, any person unlawfully buying, selling, offering for sale, bartering, or having in possession any wild turkey or wild turkey eggs must be fined twenty-five dollars for each wild turkey or egg bought, sold, offered for sale, bartered, or possessed for sale or unlawfully possessed. Each day's violation constitutes a separate offense.

SECTION 50-11-510. Prohibition against baiting wild turkeys; definitions.

It is unlawful for a person to hunt or take or attempt to hunt or take a wild turkey by means of, or aid or use of, bait or baiting or on or over any baited area.

As used in this section, "bait" or "baiting' means the placing, "depositing, exposing, distributing, or scattering of salt, shelled, shucked, or unshucked corn, wheat, or other grain, or other foodstuffs to constitute for wild turkeys a lure, attraction, or enticement to, on, or over any areas where hunters are attempting to take them, and "baited area" means an area where salt, shelled, shucked, or unshucked corn, wheat, or other grain, or other foodstuffs capable of luring, attracting, or enticing wild turkeys is directly or indirectly placed, exposed, deposited, distributed, or scattered, and the area remains a baited area for ten days following complete removal of all bait.

SECTION 50-11-520. Study of Game Zones restocked with wild turkey; authority of department to set open and closed seasons on wild turkeys.

The department may make special studies in all game zones of this State which have been restocked with wild turkeys and, after such studies the department may declare open or closed seasons of such duration as it considers advisable for the taking of turkeys in areas concerned. However, in Game Zones 6 and 11, the open and closed seasons for the taking of wild turkey are as provided in Section 50-11-560 except in those areas under restocking agreements with the department.

SECTION 50-11-530. Authority of department to regulate wild turkey hunting

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 regulations considered necessary and expedient for the proper control of the harvesting of turkeys in the zones. The bag limit for turkeys in Game Zones 6 and 11 is not more than two male turkeys a day and not more than five male turkeys a season.

SECTION 50-11-540. Penalties for violating rules applicable to wild turkey hunting; forfeiture procedures.

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 hundred dollars or imprisoned for not more than thirty days. Every vehicle, boat, animal, firearm, or other equipment used in hunting turkeys in violation of Sections 50-11-520 and 50-11-530 or in the possession of persons convicted of violations at the time of the violations is forfeited to the State and may be confiscated by any peace officer who shall deliver the items to the department.

For purposes of this section, a conviction for unlawfully hunting turkeys is conclusive as against any convicted owner of the above mentioned property.

In all other instances forfeiture is accomplished by the initiation by the State of an action in the circuit court in the county in which the property was seized giving notice to owners of record and lienholders of record or other persons having claimed an interest in the property subject to forfeiture and an opportunity to appear and show, if they can, why the property should not be forfeited and disposed of as provided for by this section. Failure of any person claiming an interest in the property to appear at the above proceeding after having been given notice of the proceeding constitutes a waiver of his claim and the property is forfeited immediately to the State.

Notice of the above proceedings is accomplished by: (a) personal service of the owner of record or lienholder of record by certified copy of the petition or notice of hearing or (b) in the case of property for which there is no owner or lienholder of record, publication of notice in a newspaper of local circulation in the county where the property was seized for at least two successive weeks before the hearing.

Property constituted forfeited property by this section must be sold under the same procedure prescribed in Section 50-11-740.

SECTION 50-11-550. Unlawful to discharge any weapon other than shotgun during certain times of year in certain areas of Catawba River and India Hook Dam.

It is unlawful between the dates of February sixteenth and Thanksgiving Day for any person to discharge any weapon, other than a shotgun, within one-fourth of a mile of the backwaters of the Catawba River and its tributaries up to the point and including all waters impounded by the India Hook Dam.

SECTION 50-11-560. Male wild turkey open season in Game Zones 6 and 11; large landowners' authority to choose different open season for their land; procedures.

In Game Zones 6 and 11 male wild turkeys, gobblers, may be hunted from March fifteenth to May first, inclusive; but landowners of ten thousand acres or more may have an option of choosing the hunting season provided herein or a hunting season which extends from the day before Thanksgiving to March fifteenth of each year. If they elect the option of the season extending from the day before Thanksgiving to March fifteenth, hunting on such lands during such season is lawful upon the filing of a notarized statement of the election with the department at least ten days prior to the opening of the season.

SECTION 50-11-565. Crossbows; use by disabled persons; prohibited seasons and places for use of crossbows.

(A) As used in this section:

(1) "Archery equipment" and "bow and arrow" mean either a longbow, recurve bow, or compound bow that propels an arrow by means of limbs and a string, that is hand-held, hand-drawn, and held in a drawn position by hand or hand-held release mechanism and that has no mechanical device to enable the shooter to lock or prop the bow at full or partial draw. Other than energy stored by the drawn bow, no device to propel the arrow is permitted.

(2) "Crossbow" means a device for propelling an arrow or bolt by means of a bow or other limbs affixed transversely to a stock which utilizes a nonhand-held locking mechanism to maintain the device in a drawn, partially drawn, or ready to fire condition. A crossbow is not archery equipment or a bow and arrow.

(3) "Upper limb disability" means an impairment certified by a licensed neurologist or orthopedist which prevents a person from holding the mass weight of archery equipment or a bow and arrow at arms length perpendicular to the body, or drawing or pulling the string of archery equipment or a bow and arrow of a minimum draw weight of forty pounds.

(B) Crossbows are legal for use statewide during any open season for deer, turkey, or bear by a person who suffers from an upper limb disability, provided the person, while hunting, has in immediate possession a written statement certifying the disability. The statement, based on a physical examination by the certifying neurologist or orthopedist, shall describe the disability and shall state the person is not capable of operating archery equipment or a bow and arrow. A copy of the statement must be provided to the department prior to hunting with a crossbow.

(C) Except as provided in subsection (B), the use of crossbows during any open season for wild turkeys is unlawful and the use of crossbows during any archery equipment or bow and arrow only season is also unlawful. The use of a crossbow on private property statewide during the firearms or muzzleloader season for deer and bear is not prohibited.

ARTICLE 4.

NIGHT HUNTING, HARASSMENT OF WILDLIFE, TRESPASS OFFENSES

SECTION 50-11-700. Unlawful to use artificial light to observe or harass wildlife after 11 pm; penalties.

The use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful after 11:00 p.m.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

SECTION 50-11-703. Use of lights prohibited from vehicles in Game Zone No. 1; penalties.

(A) In Game Zone No. 1 the use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful.

(B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

SECTION 50-11-704. Use of artificial lights unlawful in specified game zones; offense; penalties.

(A) In Game Zones 3, 4, and 5 the use of artificial lights from a vehicle or water conveyance to observe or harass wildlife is unlawful.

(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.

(C) Nothing in this section may be construed to prohibit the lawful hunting of raccoon and fox.

SECTION 50-11-705. Game Zone No. 2; use of artificial lights; penalty.

In Game Zone No. 2 the use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful.

Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

Nothing in this section may be construed to prohibit the lawful hunting of raccoon and fox.

SECTION 50-11-706. Prohibition on use of artificial lights to harass wildlife in Game Zones 9 and 10; exceptions; penalties; raccoon and fox hunting authorized.

(A) In Game Zones 9 and 10 the use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful. However, this section does not prohibit an owner of real property or a person with a legal interest therein from the use of artificial lights from any vehicle or water conveyance for the purpose of surveying or protecting his property.

(B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

(C) Nothing in this section may be construed to prohibit the lawful hunting of raccoon and fox.

SECTION 50-11-708. Use of artificial lights prohibited for observing or harassing wildlife; exception; penalty.

(A) In Game Zone 6 the use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful. However, this section does not prohibit an owner of real property or a person with a legal interest in real property from the use of artificial lights from any vehicle or water conveyance for the purpose of surveying or protecting the property. This section does not prohibit a person or group observing wildlife with the use of artificial lights who is engaged in research or documentary filming when done with written permission of the landowner and/or leaseholder of the property.

(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

(C) Nothing in this section may be construed to prohibit the lawful hunting of raccoon and fox.

SECTION 50-11-710. Night hunting prohibited; exceptions; use of artificial lights while hunting prohibited; exceptions; penalties; hunting license not to be issued to individual who has had his privilege to hunt suspended; penalties for hunting while privilege suspended.

Night hunting in this State is unlawful except that raccoons, opossums, foxes, mink, and skunk may be hunted at night; however, they may not be hunted with artificial lights except when treed or cornered with dogs, or with buckshot or any shot larger than a number four, or any rifle ammunition of larger than a twenty-two rimfire.

For the purposes of this section, "night" means that period of time between one hour after official sundown of a day and one hour before official sunrise of the following day.

Any person violating the provisions of this section, upon conviction, must be fined for the first offense not more than one thousand dollars, or be imprisoned for not more than one year, or both; for the second offense within two years from the date of conviction for the first offense, not more than two thousand dollars nor less than four hundred dollars, or be imprisoned for not more than one year nor for less than ninety days, or both; for a third or subsequent offense within two years of the date of conviction for the last previous offense, not more than three thousand dollars nor less than five hundred dollars, or be imprisoned for not more than one year nor for less than one hundred twenty days, or both. Any person convicted under this section after more than two years have elapsed since his last conviction must be sentenced as for a first offense.

In addition to any other penalty, any person convicted for a second or subsequent offense under this section within three years of the date of conviction for a first offense shall have his privilege to hunt in this State suspended for a period of two years. No hunting license may be issued to an individual while his privilege is suspended, and any license mistakenly issued is invalid. The penalty for hunting in this State during the period of suspension, upon conviction, must be imprisonment for not more than one year nor less than ninety days.

The provisions of this section may not be construed to prevent any owner of property from protecting the property from destruction by wild game as provided by law.

It is unlawful for a person to use artificial lights at night, except vehicle headlights while traveling in a normal manner on a public road or highway, while in possession of or with immediate access to both ammunition of a type prohibited for use at night by the first paragraph of this section and a weapon capable of firing the ammunition. A violation of this paragraph is punishable as provided by Section 50-11-720.

SECTION 50-11-720. Penalties for night hunting for deer or bear.

Notwithstanding the provisions of Section 50-11-710, any person convicted of the crime of night hunting for deer or bear must (1) for a first offense be fined not more than two thousand five hundred dollars or imprisoned as provided in Section 50-11-710; (2) for a second offense within two years of the first conviction be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned as provided for a first offense; (3) for a third or subsequent offense within two years of a conviction for a second or subsequent offense be fined not less than six hundred dollars nor more than three thousand dollars or imprisoned as provided for a first offense.

SECTION 50-11-730. Unlawful to hunt, shoot or kill deer from any water conveyance; penalties.

It is unlawful for any person to hunt, shoot, or in any way kill deer from a motorboat, raft, or other water conveyance or to molest deer while any part of the deer is in the water. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not less than thirty days nor more than ninety days or be fined not less than one hundred dollars nor more than five hundred dollars.

"Hunting", as used in this section in reference to a vehicle, boat, or device, includes the transportation of a hunter to or from the place of hunting in violation of this section, or the transportation of the carcass of a deer, or any part of a deer, which has been unlawfully hunted or killed in violation of this section.

In addition to the penalty herein, every boat, raft, or other water conveyance, vehicle, animal, firearm, and any other device being used in the violation of this section must be confiscated and delivered to the department.

For purposes of this section, a conviction for unlawfully hunting deer from boats or other water conveyances is conclusive as against any convicted owner of the above-mentioned property.

In all other cases, the forfeiture and sale is accomplished by the procedure set forth in Section 50-11-740.

SECTION 50-11-740. Confiscation, forfeiture and sale of property used in hunting of deer or bear at night; procedures.

Every vehicle, boat, animal, and firearm used in the hunting of deer or bear at night is forfeited to the State and must be confiscated by any peace officer who shall forthwith deliver it to the department.

"Hunting" as used in this section in reference to a vehicle or boat includes the transportation of a hunter to or from the place of hunting or the transportation of the carcass, or any part of the carcass, of a deer or bear which has been unlawfully killed at night.

For purposes of this section, a conviction for unlawfully hunting deer or bear at night is conclusive as against any convicted owner of the above-mentioned property.

In all other instances, forfeiture must be accomplished by the initiation by the State of an action in the circuit court in the county in which the property was seized giving notice to owners of record and lienholders of record or other persons having claimed an interest in the property subject to forfeiture and an opportunity to appear and show, if they can, why the property should not be forfeited and disposed of as provided for by this section. Failure of any person claiming an interest in the property to appear at the above proceeding after having been given notice of the proceeding constitutes a waiver of his claim and the property must be immediately forfeited to the State.

Notice of the above proceedings must be accomplished by:

(a) personal service of the owner of record or lienholder of record by certified copy of the petition or notice of hearing or;

(b) in the case of property for which there is no owner or lienholder of record, publication of notice in a newspaper of local circulation in the county where the property was seized for at least two successive weeks before the hearing.

The department shall sell any confiscated device at public auction for cash to the highest bidder in front of the county courthouse in the county where it is confiscated, after having given ten days' public notice of the sale by posting advertisement thereof on the door or bulletin board of the county courthouse or by publishing the advertisement at least once in a newspaper of general circulation in the county. Upon sale, the department shall pay over the net proceeds, after payment of the proper costs and expenses, if any, of the seizure, advertisement, and sale, including any proper expense incurred for the storage of the confiscated device, to the State Treasurer for deposit in the game protection fund. When the device is of greater value than one thousand dollars, the owner may at any time before sale redeem it by paying to the department the sum of one thousand dollars. When the device is of lesser value than one thousand dollars, the owner may at any time before sale redeem it by paying to the department the retail market value. The sums received by the department must be deposited in the game protection fund pursuant to the provisions of this section.

SECTION 50-11-745. Releasing confiscated property to innocent owner or lienholder; failure to recover property.

(A) Notwithstanding another provision of law, the Department of Natural Resources may administratively release any vehicle, boat, firearm, or hunting device confiscated from a person charged with a violation of this chapter to an innocent owner or lienholder of the property.

(B) Notwithstanding another provision of law, if an innocent owner or lienholder of property contained in subsection (A) fails to recover property contained in that subsection, then the Department of Natural Resources may maintain or dispose of the property.

(C) Before confiscated property is released to an innocent owner or lienholder, he shall provide the department with:

(1) proof of ownership or a lienholder interest in the confiscated property;

(2) certification that he will not release the property to a person who has been charged with a violation of this chapter which resulted in the confiscation of the property to be released.

SECTION 50-11-750. Unlawful to feed or entice with food any alligator; exceptions; penalties.

It is unlawful for any person to feed or entice with food any American alligator (Alligator mississippiensis), except those persons feeding alligators maintained in protective captivity under a permit issued by the department pursuant to Section 50-15-50 for education, scientific, commercial, or recreational purposes; or department personnel, persons licensed, or otherwise authorized by the department, or county or municipal animal control personnel when relocating alligators by baiting or enticement. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in an amount not to exceed two hundred dollars or imprisoned for not more than thirty days.

SECTION 50-11-760. Hunting from certain public roads and railroad rights-of-way prohibited; definitions; penalties.

(A) It is unlawful for a person to hunt from a public road or railroad right-of-way if the person does not have permission to hunt the land immediately adjacent to the public road or railroad right-of-way.

(B)(1) For purposes of this section, "hunting" includes:

(a) taking deer by occupying stands for that purpose; and

(b) possessing, carrying, or having readily accessible:

(i) a loaded centerfire rifle; or

(ii) a shotgun loaded with shot size larger than number four.

(2) For purposes of this section, "loaded" means a weapon within which any ammunition is contained.

(3) For purposes of this section, the terms "possessing", "carrying", and "having readily accessible" do not include a centerfire rifle or shotgun which is contained in a:

(a) closed compartment;

(b) closed vehicle trunk; or a

(c) vehicle traveling on a public road.

(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

(D) In addition to any other penalties, the department must suspend the hunting privileges of a person convicted of violating this section for one year from the date of the conviction.

SECTION 50-11-770. [En by 1988 Act No. 561, Section 1] Repealed by 1993 Act No. 55, Section 1, eff May 13, 1993 and 1993 Act No. 181, Section 1262, eff from and after July 1, 1994.

SECTION 50-11-780. Dogs engaged in hunting not required to be constrained by leash.

No dog is required to be constrained by a leash while it is actually engaged in hunting game and under supervision. As used in this section "supervision" means that the owner of the dog or his designee is either in the vicinity of the dog or in the process of trying to retrieve the dog.

ARTICLE 5.

NONGAME BIRDS AND ANIMALS, SANCTUARIES

SECTION 50-11-810. Game birds for which no specific open season is designated are protected; department authorized to regulate taking of exotic game birds; penalties for violating department rules.

All species of game birds for which the legislature has not provided a specific open season are protected and may not be shot, trapped, destroyed, or attempted to be shot, trapped, or destroyed at any time. The department may prescribe an open season for the taking of exotic game birds, prescribe the method by which they may be taken, and fix the specific areas of any zone in which these exotic species may become numerous enough to be harvested. All areas not specifically open to hunting are closed to hunting. The department may designate the sex that may be taken and may prescribe any other regulations that may be considered wise and expedient for the harvest of these new game birds. Any person taking, attempting to take, or having in his possession these exotic game birds illegally or taking, attempting to take, or killing these exotic game birds 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 hundred dollars or imprisoned for not less than fifteen days nor more than thirty days. The provisions of this section are applicable to ruffed grouse.

SECTION 50-11-820. Unlawful to kill, catch, have in possession, or offer or expose for sale resident or migratory wild bird; exception.

No person within the State may kill, catch, or have in his possession, living or dead, any resident or migratory wild bird, other than a game bird, or purchase or offer or expose for sale any wild nongame bird after it has been killed or caught, except as permitted by Section 50-11-1180.

SECTION 50-11-830. Unlawful to sell or have in possession for sale plumage, skin or body of any protected bird.

No part of the plumage, skin, or body of any bird protected by Section 50-11-820 may be sold or had in possession for sale whether the bird was captured or killed within or without the State.

SECTION 50-11-840. Unlawful to take or destroy or attempt to take or destroy nest or eggs of any wild bird; exceptions.

No person may take or destroy, or attempt to take or destroy, the nest or the eggs of any wild bird or have such nest or eggs in his possession, except as permitted in Section 50-11-1180.

SECTION 50-11-850. Unlawful to transport any resident or migratory wild nongame bird; exceptions.

It is unlawful for any person or any firm or corporation acting as a common carrier, its officers, agents, or servants to ship, carry, take, or transport, either within or beyond the confines of the State, any resident or migratory wild nongame bird, except as permitted by Section 50-11-1180.

SECTION 50-11-851. Shooting, killing or maiming of "carrier pigeon" prohibited; penalties.

The shooting, killing, or maiming of an Antwerp or homing pigeon, commonly known as a "carrier pigeon", is prohibited. Any person violating the provisions of this section is guilty of a misdemeanor and must be punished by a fine not exceeding ten dollars or imprisonment not exceeding ten days.

SECTION 50-11-852. Unlawful to molest or kill birds of prey; bald eagles; penalties.

It is unlawful for any person to molest or kill any of the birds of prey within this State. Birds of prey include all hawks, eagles, falcons, kites, vultures, owls, and ospreys. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. However, if the bird of prey is a bald eagle, the person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or be imprisoned for not less than thirty days nor more than one year, or both.

If the bird of prey is a bald eagle, the person convicted shall also lose his privilege to hunt in this State for a period of five years from the date he is convicted of this offense if the bald eagle was killed and for a period of five years if the bald eagle was molested. "Convicted" for purposes of this section includes a plea of guilty or nolo contendere to the offense.

SECTION 50-11-853. Unlawful to catch, kill, capture or detain homing, racing or carrier pigeon; penalties.

No person, except the owner, shall catch, kill, capture, or detain a homing, racing, or carrier pigeon which at the time of its capture or detention has the name or initials of its owner, its number, or another mark designating it as a homing, racing, or carrier pigeon. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

SECTION 50-11-854. Seasons and bag limits for hunting and taking crows.

(A) The department may establish seasons and bag limits for the hunting and taking of crows consistent with the federal regulation governing those activities. However:

(1) The hunting season or seasons on crows may not exceed a total of one hundred twenty-four days during a calendar year:

(2) The department shall designate a season or seasons between September first and March first:

(3) It is unlawful to hunt or take crows:

(a) from an aircraft;

(b) by any methods except firearms, bow and arrow, and falconry;

(c) except as permitted by this section.

(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than two hundred dollars or imprisoned not more than thirty days.

SECTION 50-11-860. Department to designate and establish sanctuaries; agreements with landowners.

The department, without any costs whatsoever to the State, shall designate and establish sanctuaries where game, birds, and animals may breed unmolested, if any landowner enters into an agreement with the department to set aside and turn over to the State for that purpose a certain number of acres of land. There may be no hunting or trespassing upon these lands so designated as a sanctuary by anyone for five years from the date of the agreement. The department may post those lands so designated as a sanctuary in the name of the State and prosecute any persons hunting or trespassing on the lands. Any agreement entered into under authority given in this section may be terminated at any time by the landowner and the department.

SECTION 50-11-870. Bird sanctuaries declared in certain areas; unlawful to use shotguns, rifles, pellet guns and BB guns in sanctuaries.

The following areas are declared to be bird sanctuaries:

(1) Port Royal Plantation on Hilton Head Island, Beaufort County;

(2) Highlands of Otranto Subdivision in Berkeley County;

(3) the Town of Bonneau in Berkeley County;

(4) St. James Estates, Spring Hill, Devonshire, Raintree, and Harbor Lakes Subdivisions in Berkeley County;

(5) The Subdivision of Clear View on James Island, Charleston County;

(6) James Island water district in Charleston County;

(7) the Subdivision of Lee - Jackson - McCalls Corner on James Island, Charleston County;

(8) St. Phillips Parish, St. Michaels Parish, and North Charleston Public Service District, Charleston County;

(9) Melrose, Longbranch, and Shaftesbury Subdivisions in Charleston County as bounded on the south by Highway 17, on the west by Long Branch Creek, on the north by Magwood property line, and on the east by the property line of Castlewood Subdivision;

(10) Forest Lakes Subdivision located in the City and County of Charleston;

(11) Winnsboro Mills in Fairfield County bounded on the north by the city limits of Winnsboro, on the south by the intersection of Highways 321, 34, and 215, on the west by the by-pass of Highway 321, and on the east by Golf Course Road;

(12) Avondale Forest as recorded at plat book RR page 186 and plat book BBB page 36 in the office of the Registrar of Mesne Conveyances for Greenville County;

(13) Lake Forest and Lake Forest Heights in Greenville County, bounded on the north by Edwards Road, on the east by Shannon Drive, on the south by Old Spartanburg Road, and the west by Highway 291;

(14) Botony Woods, Greenville County;

(15) Heritage Lakes in Greenville County;

(16) the City of Ocean Drive Beach, Horry County;

(17) Windy Hill Beach, Horry County;

(18) Briarcliff Acres in Horry County as bounded on the north by Highway 17, on the east by the Holmes property, on the south by the Atlantic Ocean, and on the west by the Patterson property;

(19) Kirkover Hills near Camden in Kershaw County;

(20) Sunnyhills Subdivision near Camden in Kershaw County;

(21) The area between the western city limits of Camden and the Seaboard Railroad tracks, Kershaw County;

(22) that area bounded by the Haile Street Extension, U.S. Highway No. 1, and Lake Shore Drive near Camden, Kershaw County;

(23) Saluda Gardens, Saluda Terrace, Westover Acres, and Saluda Hills Subdivisions in Lexington County;

(24) Town of Arcadia Lakes, Richland County;

(25) Community of Belvedere in Richland County;

(26) Deerfield Plantation, Berkeley County; River Hills Plantation, York County;

(27) City of Tega Cay, York County;

(28) the area in York County, consisting of a portion of the impounded waters of Lake Wylie lying south of State Highway 49 and east of State Highway 274, southward to the dam of Lake Wylie. That area lying on the eastern side of State Highway No. 72, embracing the Country Club Estates, the Rock Hill Country Club, the Oakdale School property, a portion of the Drennan property, and being bounded on the north by the Fewell property, on the east by the Fewell and Parrish properties, on the south by the old Mount Holly Road, and on the west and north by State Highway No. 72; and also the area in York County, consisting of a portion of the impounded waters of Lake Wylie in Mill Creek, lying to the east and west of Highway 274, being bounded on the south by Bonum Road and lands bordering the waters of Mill Creek, on the north by Lake Mist Drive, Mill Creek Road, a portion of River Oak Road, and lands bordering the waters of Mill Creek.

(29) the area known as the community of River Hills Plantation, Inc., in York County.

(30) The Town of Pawleys Island in Georgetown County.

(31) the area in Clarendon County consisting of that portion of Tawcaw Creek, adjacent to Goat Island, lying southeast of County Road 38, and extending into Lake Marion to the extent of the Santee National Wildlife Refuge boundaries lying east and west of that portion of Lake Marion;

(32) Rolling Green Retirement Community in Greenville County.

It is unlawful to use shotguns, rifles, pellet guns, and BB guns within the area described in this section.

SECTION 50-11-875. Bird sanctuary within City of Charleston.

The following area in Charleston County within the City of Charleston is declared to be a bird sanctuary:

From William Kennerty Drive along Highway 61, approximately 2,800 feet to Ashley Hall Plantation Road, then from Highway 61 along Ashley Hall Plantation Road, approximately 4,600 feet to Captiva Row, then from Ashley Hall Plantation Road along Captiva Row, approximately 1,500 feet to Ashley Hall Road, then from Captiva Row along Ashley Hall Road, approximately 400 feet to Boone Hall Drive, then from Ashley Hall Road along Boone Hall Drive, approximately 3,250 feet to William Kennerty Drive, then from Boone Hall Drive along William Kennerty Drive, approximately 1,050 feet to Highway 61 at the point of beginning.

It is unlawful for any person to trap, hunt, molest, or attempt to molest in any manner any bird or wild fowl or to molest any birds' nests or wild fowls' nests within the sanctuary.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

SECTION 50-11-880. Wildlife sanctuaries declared in certain areas; unlawful to discharge any firearm or attempt to take or kill any wildlife in sanctuaries; exceptions.

The following areas are designated as wildlife sanctuaries:

(1) the Sea Pines Public Service District on Hilton Head Island, Beaufort County;

(2) the Highlands of Fripp Island, Beaufort County;

(3) the Goose Creek Reservoir in Berkeley County including all lands lying within one-half mile of the shoreline of the reservoir;

(4) Lawton Bluff Subdivision and Lawton Plantation in Charleston County;

(5) Hobcaw Point Subdivision in the City of Mt. Pleasant, County of Charleston;

(6) Prestwood Lake Area, Darlington County, which includes Prestwood Lake and that area around the lake contained in a radius of three-fourths of a mile from the shore of the lake and bounded on the east by Sonoco Dam and on the west by a line running in a southerly direction across Black Creek from the New Sonoco Clubhouse;

(7) that area in Florence County known as Forest Lake bordered on the north by South Cashua Road and Highway 76, on the west by secondary road 106, on the south by Savannah Grove Road, on the east by Knollwood Road, and that portion of the lake east of Knollwood Road and that upland extending one hundred yards from the shore of the lake;

(8) Lake Oakdale in Florence County bordered on the north by the secondary road known as Stralton Drive, on the west by Pelican Lane and West Lake Oakdale Drive, on the south by Shearton Road until it intersects with Seaboard Coastline Railroad tracks, and on the east by West Lake Drive and Pine Needles Road;

(9) Pelham Estates I, II, and III, Stratton Place, and Watson's Orchard in Greenville County;

(10) that portion of McCormick County between Little River and the Savannah River lying south of Highway 378;

(11) Quail Run in York County.

It is unlawful to discharge any firearm including, but not limited to, BB guns and pellet rifles or to attempt to take or kill any wildlife within any of the above-described areas by any means.

If the department determines that, due to size, disease, or other extraordinary factors, a particular population of a species located in, on, or around a sanctuary described above constitutes a threat to the health, safety, and welfare of the public or to itself, or other species in, on, or around the sanctuary, it may authorize the taking of a sufficient number of species to reduce or eliminate the threat. The wildlife must be taken by department personnel or other persons acting under their supervision and the authorization for the taking limits the number of animals taken and the days, times, and methods to be used.

SECTION 50-11-883. Designation of portion of Lake Secession, and of Vereen Memorial Historical Gardens as wildlife sanctuary.

(A) The portion of Lake Secession in Abbeville County lying south of Highway 184 is a wildlife sanctuary. It is unlawful for anyone to trap, hunt, molest, or attempt to molest in any manner any bird or other game animal within the sanctuary. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

(B) Vereen Memorial Historical Gardens in Horry County is a wildlife sanctuary. It is unlawful for anyone to trap, hunt, molest, or attempt to molest in any manner any bird or game animal within the sanctuary. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

SECTION 50-11-890. Bird and squirrel sanctuaries declared in certain areas.

The following areas are designated bird and squirrel sanctuaries:

(1) Bayview Acres in Charleston County;

(2) all that area of the subdivision of Drayton on Ashley in Charleston County bounded as follows on the south by the Seaboard Coastline Railroad, on the east by the Ashley River, on the north at the corner of Highway 61, and the Seaboard Coastline Railroad for 2,585 feet bearing south 49 degrees 50'W., and on the west by Highway 61.

SECTION 50-11-900. Nongame bird sanctuaries declared in certain areas.

The following areas are declared to be nongame bird sanctuaries:

(1) the Hannahan Public Service District located in Berkeley County;

(2) St. Andrews Parish in Charleston County.

SECTION 50-11-910. Francis Beidler Forest declared wildlife sanctuary.

The land owned or managed by the National Audubon Society, Incorporated, in Berkeley and Dorchester Counties, known as the Francis Beidler Forest, is declared to be a sanctuary for the protection of game, birds, and other animals. There may be no hunting, fishing, or trespassing in the sanctuary. Fishing may be permitted by written authorization from the management of the Francis Beidler Forest only.

The management of the Francis Beidler Forest shall post along the outer boundaries of the land and mouths of all streams and creeks entering into the Francis Beidler Forest signs notifying the public that the area is a sanctuary and is closed to hunting and fishing except as authorized.

No flowers, shrubs, trees, or other plants may be damaged or removed from the park without permission from the management.

Any person convicted of violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars, or imprisoned for not more than thirty days.

SECTION 50-11-915. Playcard Environmental Education Center sanctuary in Horry County.

The land owned, leased, or managed by the Playcard Environmental Education Center in Horry County is declared a sanctuary for the protection of game, birds, and other animals. There may be no hunting, fishing, or trespassing in the sanctuary. Fishing may be permitted only by written authorization from the management of the center.

The management of the center shall post along the outer boundaries of the land and mouths of all streams and creeks entering into the Playcard Environmental Education Center signs notifying the public that the area is a sanctuary and is closed to hunting and fishing except as authorized.

No flowers, shrubs, trees, or other plants may be damaged or removed from the park without permission from the management.

A person convicted of violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

SECTION 50-11-920. Kershaw County park declared wildlife sanctuary.

The land owned or leased to Kershaw County to be used as a county park and streams or creeks entering into the lands are declared to be a sanctuary for the protection of game, birds, and animals. There may be no hunting, trapping, fishing, or trespassing thereon. Fishing is permitted by persons obtaining fishing permits from the management of the Kershaw County Park. Fishing is not permitted in the swimming area or when water in the lake is low for repairs.

The management of the Kershaw County Park shall post along the outer boundaries of the land and mouths of all streams and creeks entering into the Kershaw County Park signs notifying the public that the area is a sanctuary and closed to hunting and fishing except as authorized.

No flowers, shrubs, trees, or plants may be removed from the park without permission from the management.

No alcoholic beverages or persons under the influence of alcohol are permitted in the Kershaw County Park.

Dogs must be on a leash, except those used in the Field Trial Club events.

The Kershaw County Park may not be used as a dumping place for trash, garbage, or other refuse.

A part of the Kershaw County Park, about four hundred twenty-one acres, east of Pine Tree Creek, north of Burkett Branch, south of the land owned by Bowater Co. and T. L. Myers, and west of land owned by Bowater Co., and Bud Smith may be used by the Mid-Carolina Field Trial Clubs. The maintenance and development of these grounds into field trial grounds is under the supervision of the Mid-Carolina Field Trial Club. The club shall pay the costs of developing and maintaining the grounds. All clubs sponsoring trials on the grounds shall obtain permission from the department before a trial is held. Field trial dogs are permitted to exercise and train on the grounds during field trial seasons only when a trial is not in progress. Trapping of released birds is permitted by clubs for use in future trials only. Only blank ammunition may be used on trial areas. The superintendent of Kershaw County Park shall maintain jurisdiction over game law enforcement and security of this area.

Any person convicted of violating the provisions of this section is guilty of a misdemeanor and is subject to a fine of not more than two hundred dollars or imprisonment for a period not exceeding thirty days, or both.

SECTION 50-11-925. South Carolina Future Farmers of America Camp Wildlife Sanctuary.

The land owned, leased, or managed by the South Carolina Future Farmers of America Camp of the Little River Neck section of Horry County is declared a sanctuary for the protection of game, birds, and other animals. There may be no hunting, fishing, or trespassing in the sanctuary. Fishing may be permitted only by written authorization from the management of the camp.

The management of the camp shall post along the outer boundaries of the land and mouths of all streams and creeks entering into the camp signs notifying the public that the area is a sanctuary and is closed to hunting and fishing except as authorized.

No flowers, shrubs, trees, or other plants may be damaged or removed from the camp without permission from the management.

A person convicted of violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

SECTION 50-11-930. Unlawful to trap, hunt or molest any duck or geese or molest their nest on certain waters or tidelands; penalties.

It is unlawful for any person to trap, hunt, or molest in any manner any species of duck or geese, or to molest any duck or goose nest, on any water or tideland owned by the State within the following boundary:

Beginning at the westernmost tip of the Isle of Palms at the base of the bridge across Breach Inlet and running a course of 343 degrees true to a unnamed marsh island; thence following the low-water mark of the unnamed island in a northeasterly direction to the Intracoastal Waterway; thence across the Intracoastal Waterway to the north bank of the intersection of Swinton Creek and the Intracoastal Waterway; thence in a northeasternly direction along the bank of the Intracoastal Waterway to Hamlin Creek; thence 300 yards up the west bank of Hamlin Creek; thence across to the east bank of Hamlin Creek and following the creek bank to the westernmost tip of Goat Island at the Intracoastal Waterway; thence running in a northeasternly direction along the high-water mark of Goat Island to a point at latitude 32 degrees 48.5'N. and longitude 79 degrees 45.5'W.; thence running a course of 151 degrees true across the Intracoastal Waterway to the high-water mark of the Isle of Palms; and, thence following the high-water mark of the Isle of Palms to the westernmost tip of the island at the base of the bridge across Breach Inlet.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than two hundred dollars or by imprisonment for not more than thirty days.

SECTION 50-11-940. Certain property of Belle W. Baruch Foundation designated bird and game refuge.

The property of the Belle W. Baruch Foundation in Georgetown County, other than those areas whose surface is at or below mean high tide, is designated as a bird and game refuge, and it is unlawful for any person to trap, hunt, molest, or attempt to molest in any manner any bird, wild fowl, or game, including wild hogs, within the refuge, or to trespass in any manner upon the property of the Belle W. Baruch Foundation for that purpose. Any education and research activities conducted by the University of South Carolina or Clemson University, or under the supervision of the University of South Carolina or Clemson University, or by any other fully accredited, not-for-profit public or private college or university headquartered in this State or under the supervision of such college or university is not unlawful.

A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both.

SECTION 50-11-941. Last will and testament to control.

Nothing contained in Section 50-11-940 of the 1976 Code shall be construed to be in conflict with the provisions or the intent of the Last Will and Testament of Belle W. Baruch, which last will and testament shall control with respect to the provisions of the code section.

SECTION 50-11-950. Certain lands owned by Brookgreen Gardens declared wildlife sanctuary.

The lands owned by Brookgreen Gardens, as an eleemosynary corporation for southeastern flora and fauna, in Georgetown County and all streams, creeks, and waters, fresh, salt or mixed, entering into the lands are established as a sanctuary for the protection of game, other birds, and animals, and any hunting, shooting, fishing, or trespassing on the lands or waters is prohibited, except such hunting and shooting as may be carried on by permission of the trustees of Brookgreen Gardens, granted at an annual meeting of the trustees. Permission for hunting and shooting is not granted by the trustees unless it is apparent to them that there is an excess of deer or other game which may cause damage to the gardens or other property owned by the trustees. The public is allowed to fish in the Atlantic Ocean from the beaches of the area and in the saltwater creeks entering into it, under such regulations as may be promulgated by the Department of Parks, Recreation and Tourism having due regard for the safety of bathers and convenience of other users of the park. The trustees of the Brookgreen Gardens Corporation or the State Commission of Forestry shall post signs along the outer boundaries of the land and at the mouths of all streams and creeks notifying the public that the area is a sanctuary and closed to hunting and fishing, except as authorized by the terms of this section.

Nothing herein abridges or curtails the rights of the department to control and permit the oyster bottoms in the area under its jurisdiction.

Any person convicted of violating the provisions of this section is guilty of a misdemeanor and subject to a fine of not less than twenty-five dollars nor more than one hundred dollars or imprisonment for not exceeding thirty days.

SECTION 50-11-960. Paris Mountain Wildlife Sanctuary designated.

The following area is designated as the Paris Mountain Wildlife Sanctuary:

Beginning on Poinsett Highway (U.S. 25 North) at its intersection with Little Texas Road and following Little Texas Road to Roe Road and thence along Roe Road to a point opposite the northwestern boundary of Paris Mountain State Park and continuing with the western and southern boundaries of said Park to State Park Road; thence continuing south on State Park Road and Paris Mountain Road to Timber Lane; thence west on Timber Lane to Tryon Avenue; thence southwest on Tryon Avenue to Crestwood Road; thence north and west on Crestwood Road to Manley Drive and continuing generally west on Manley Drive, Dreamland Way, and Jervey Road to North Parker Road; thence generally north along North Parker Road to Phillips Trail and then along Phillips Trail to the intersection with Pistol Club Road; thence along Pistol Club Road to Pilot Road; thence generally north on Pilot Road to Club View Drive and on Club View Drive to the intersection of Old Buncombe Road; thence north on Old Buncombe Road to Poinsett Highway and from there to the beginning point at its intersection with Little Texas Road.

Any person killing or maiming any bird or animal within the sanctuary is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days. Any person who kills squirrels on his own property is not subject to the provisions of this section.

SECTION 50-11-961. Greenville Technical College campus declared wildlife sanctuary.

The campus of Greenville Technical College in Greenville County bounded on the north by East Faris Road, on the east by South Pleasantburg Drive (Highway 291), on the south by Cleveland Street, and on the west by the Reedy River, is designated as a bird and wildlife sanctuary.

It is unlawful for a person to trap, hunt, molest, or attempt to molest in any manner a bird or wild fowl or to molest any birds' nests or wild fowls' nests within the sanctuary, and it is unlawful for a person to trap, hunt, molest, or attempt to molest in any manner any wildlife within the sanctuary.

A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days.

SECTION 50-11-970. Certain lands owned by Lake Dogwood Corporation designated waterfowl sanctuary.

The area in Richland County consisting of the lands and waters owned by the Lake Dogwood Corporation is designated a waterfowl sanctuary. It is unlawful for any person to trap, hunt, or molest in any manner any species of duck or goose, or to molest any duck or goose nest in the refuge. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or be imprisoned for not more than thirty days.

SECTION 50-11-980. Certain lands and waters in Charleston Harbor and adjacent estuarine system designated wildlife sanctuary.

The lands and waters in Charleston Harbor and its adjacent estuarine system in Charleston County lying within the following boundaries are designated a wildlife sanctuary:

The area in Charleston County beginning at the foot of Station 22 1/2 Street on Sullivan's Island, thence on a line north following Ben Sawyer Boulevard (Highway 703) into Mt. Pleasant to a point just south of Center Street where the marsh of the upper reaches of Jeanette Creek meets highland, thence turning 230 degrees southwest following a line to Pitt Street in Mt. Pleasant, thence turning northwest following Pitt Street to its intersection with Live Oak Avenue, thence northeast to Coleman Boulevard, thence following Coleman Boulevard across Shem Creek and continuing on a line 310 degrees northwest to the eastern range marker for the Drum Island Channel Range just south of Remley's Point, thence continuing northwest on the Drum Island Reach for approximately six thousand eighty feet, thence due west on a line across the Charleston peninsula for approximately seven thousand nine hundred sixty-six feet, thence turning 330 degrees northwest and continuing for approximately nine thousand six hundred forty-three feet along the east side of the Ashley River, thence turning 330 degrees northwest and continuing on a line for approximately five thousand eight hundred seventy feet, thence turning 240 degrees and continuing for approximately four thousand one hundred ninety-three feet, thence turning 134 degrees southeast and continuing approximately nine thousand six hundred forty-three feet to a point on the west bank of the Ashley River just south of the WTMA radio tower, thence turning 200 degrees south and continuing for approximately three thousand three hundred fifty-four feet along the west bank of the Ashley River, thence turning south 170 degrees for approximately three thousand seven hundred seventy-three feet, thence turning northwest 310 degrees and continuing for approximately four thousand one hundred ninety-three feet, thence turning south 190 degrees and continuing approximately five thousand thirty-one feet, thence returning east 105 degrees and continuing for approximately three thousand seven hundred seventy-three feet, thence turning south again 190 degrees and continuing for approximately two thousand five hundred sixteen feet to its intersection with Highway 61, thence turning southeast 120 degrees and continuing approximately nineteen thousand sixty-two feet to the north bank of Wappoo Creek, thence turning south 200 degrees and continuing approximately two thousand nine hundred thirty-five feet, thence turning southeast 144 degrees and continuing for approximately two thousand nine hundred thirty-five feet to a point just south of Harborview Road, thence turning east-southeast 100 degrees and continuing for approximately one thousand two hundred fifty-eight feet, thence turning southeast 130 degrees and continuing approximately one thousand six hundred seventy-seven feet, thence turning east 100 degrees and continuing for approximately four thousand one hundred ninety-three feet, thence turning northeast 30 degrees and continuing for approximately two thousand ninety-six feet, thence turning east 80 degrees and continuing for approximately one thousand two hundred fifty-eight feet, thence turning southeast 120 degrees and continuing for approximately one thousand two hundred fifty-eight feet, thence turning south 200 degrees and continuing approximately one thousand six hundred seventy-seven feet to the head of Kushiwah Creek, thence turning east-southeast 110 degrees and continuing approximately four thousand one hundred ninety-three feet, thence turning northeast 30 degrees and continuing for approximately eight hundred thirty-nine feet, thence turning northwest 320 degrees and continuing for approximately two thousand five hundred sixteen feet, thence turning north 20 degrees and continuing approximately six hundred twenty-nine feet, thence turning east-southeast 110 degrees and continuing for approximately two thousand nine hundred thirty-five feet, thence returning due north and continuing for approximately one thousand two hundred fifty-eight feet, thence turning due east and continuing for approximately three thousand seven hundred seventy-three feet along the southern edge of Charleston Harbor, thence turning northeast 60 degrees and continuing for approximately one thousand two hundred fifty-eight feet to the point at Fort Johnson, thence turning due south and continuing approximately nine thousand two hundred twenty-four feet to a point on the west bank of Schooper (Schooner) Creek, thence turning due east and continuing for approximately six thousand seven hundred eight feet across Morris Island along the dike on the north end of the spoil area, thence turning northeast 50 degrees and continuing approximately sixteen thousand three hundred fifty-one feet across the mouth of Charleston Harbor to the point of beginning on Sullivan's Island.

It is unlawful for any person to hunt, trap, molest, or to attempt to take or molest in any manner, any wild bird, bird egg, or mammal within the sanctuary. The department, its duly authorized agents, or persons with written permits issued by the department may engage in predator control, bird banding, and other scientific activities including the collection of specimens for scientific purposes intended to enhance, maintain, or further our understanding of wildlife populations within the sanctuary.

The department shall post the general outline of the sanctuary and during the nesting season shall conspicuously post bird nesting areas. Posting of bird nesting areas constitutes public notice that the areas are closed to entry. The term "molest" as used in this section includes, but is not limited to, walking upon posted lands or allowing pets to roam upon them. It is also unlawful for any person to remove or tamper with signs posted by the department pursuant to this section.

Nothing herein shall preclude the normal operations of the marine terminals and other facilities of the South Carolina State Ports Authority, or the dredging and disposal operations by the U.S. Army Corps of Engineers, South Carolina State Ports Authority, or their agents or contractors, or the normal shipping and maritime activities in the Port of Charleston.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than ninety days, or both.

SECTION 50-11-990. Penalties for hunting or trespassing upon land designated sanctuary.

Anyone hunting or trespassing upon any land designated as a sanctuary under the provisions of this article must be fined for each offense not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

ARTICLE 6.

SPECIAL DEPREDATION PERMITS, COLLECTION PERMITS, CLOSING SEASONS, SPECIAL SEASONS

SECTION 50-11-1050. Permit to remove destructive wildlife.

Where wildlife is destroying property, the department, upon the request of the property owner, may issue a permit authorizing the property owner, under the supervision of the department, to take action necessary to remove the destructive wildlife from his property.

SECTION 50-11-1060. Permit to lay poison on property to poison predatory animals; penalties.

Any person desiring to put out poison on lands belonging to such person for the purpose of poisoning predatory animals shall first obtain a permit from the department and publish the dates the poison will be put out and describe the areas where it will be placed by one notice in a newspaper published in the county in which the lands are situate. Poison may not be put out on lands in this State otherwise. Any person violating the provisions of this section is guilty of a misdemeanor and is subject to a fine of not less than twenty-five dollars nor more than one hundred dollars or imprisonment of not less than ten days nor more than thirty days.

SECTION 50-11-1070. Authority to kill bobcats without license.

Bobcats may be killed by officers of the law and by landowners upon their holdings without license at any time.

SECTION 50-11-1080. Authority of county to declare open season on coyotes.

Whenever it appears that coyotes are destroying birds, poultry, pigs, lambs, or other property in any county in this State or there is an apparent epidemic of rabies in any county, the department, upon the written request of a majority of the legislative delegation of any such county, shall declare an open season on coyotes, with the use of firearms, in the county suffering from the destruction and for such time as the delegation may consider desirable.

SECTION 50-11-1090. Authority of department to permit taking of any game animal; requirements.

The department has the authority during any season of the year to permit the taking of any game animal and prescribe the method by which they may be taken when they become so numerous that they cause excessive damage to crops and property. Any animal taken under these conditions is under the supervision of the department. Any deer killed under these conditions must be given to eleemosynary institutions.

SECTION 50-11-1105. Authority of department to declare closed season when game cannot protect themselves; procedures; penalties.

The department may declare a closed season for not over ten days at any one time in any area in the State when it appears on account of abnormal conditions that deer or other game cannot protect themselves. The department shall give notice of the closed season so declared by publication in at least two daily newspapers and in a newspaper of the county or counties in which the closed season is declared if the county has a newspaper, stating the length or period of the closed season. Any person found hunting with firearms, bows and arrows, or other game-taking devices, or dog within the restricted territory during a closed season so declared is guilty of a violation of the provisions of this section, regardless of whether he has or has not killed or taken any game. The penalty for a violation of the provisions of this section is a fine of not less than one hundred dollars nor more than two hundred dollars or imprisonment for not less than thirty days.

SECTION 50-11-1110. Authority of department to close or shorten open season upon request of county legislative delegation; procedures; penalties.

When in any county of the State there exist abnormal conditions that might affect the supply of game or there is an abnormal scarcity of game, the department, upon the written request of a majority of the legislative delegation, including the Senator, from such county, may shorten or close the open season for hunting in any such county. The department shall give notice of the closed or shortened season by publication in at least two daily newspapers and in a newspaper of the county in which the closed or shortened season is declared, stating the length of the closed or shortened season. Any person found hunting with gun or dog within the restricted territory during a closed season so declared, is guilty of a violation of the provisions of this section, regardless of whether he has killed any game or not. The penalty for violation of the provisions of this section is a fine of not less than twenty-five dollars nor more than one hundred dollars or imprisonment for not less than thirty days.

SECTION 50-11-1120. Authority of department to declare open season on foxes upon request of county legislative delegation.

Whenever it appears that foxes are destroying birds, poultry, pigs, lambs, or other property in any county in this State or there is an apparent epidemic of rabies in any county, the department, upon the written request of a majority of the legislative delegation of any such county, shall declare an open season on foxes, with the use of firearms, in the county suffering from the destruction and for so long as the delegation considers desirable.

SECTION 50-11-1130. Authorization for landowners to kill raccoons and squirrels destroying crops.

Raccoons and squirrels may be killed by owners of property from July fifteenth to the regular open season on them if these animals are destroying crops.

SECTION 50-11-1140. United States Fish and Wildlife Service may allow hunting of deer on any sea island within federally owned or controlled reserve.

The United States Fish and Wildlife Service may allow the hunting of antlered and antlerless deer by those holding proper hunting licenses of this State on any sea island within any federally owned or controlled game reserve, national park, or game refuge during the open season for deer hunting under the laws of this State, whenever the officials of the United States Fish and Wildlife Service determine that the deer population of the island exceeds that which can properly maintain itself on any island. The United States Fish and Wildlife Service shall notify the department, in writing, at least ten days prior to allowing such hunting, of the opening and shall also advertise it at least once in a newspaper of general circulation in the coastal area of the State at least one week before any hunting is permitted.

SECTION 50-11-1145. Trapping and release of predatory animals within enclosure for running rabbits; permissible traps.

Notwithstanding any other provision of law, and at any time during the year, the owner, lessee, or person in lawful possession of land whereon an enclosure for running rabbits with dogs has been erected may trap fox, wildcat, bobcat, wolf, coyote, skunk, raccoons, and any other predatory animal within the enclosure when using a cage-type trap that does not injure or kill the animal. No pole-top trap, steel trap, foot-hold trap, rubber padded trap, body gripping trap, or trap that injures or kills an animal may be used to remove predatory animals from an enclosure, and all animals trapped in a cage-type trap must be released back into the wild unharmed at another location.

SECTION 50-11-1150. Authority of department to trap predatory animals.

When directed by the department, its employees may trap, by the use of steel or other traps, fox, wildcat, bobcat, wolf, coyote, skunk, raccoons, and any other predatory animals on any lands owned by the State or any of its boards, commissions, officers, institutions, or agencies and on cooperative wildlife management areas within the United States Forest Service lands.

SECTION 50-11-1160. Authority of certain Federal employees to trap predatory animals.

The employees of the United States Fish and Wildlife Service and those employees of the United States or the agencies thereof in charge of any national park, game reserve, or game refuge also have the right to trap predatory animals within the confines of such national park, game reserve, or game refuge.

SECTION 50-11-1170. Department to cooperate with United States government to control predatory animals.

In order to more effectively control predatory animals, the employees of the department shall cooperate with the employees of the United States and its agencies in trapping programs and may accept aid and advice from federal employees.

SECTION 50-11-1180. Authority of department to issue permits to collect protected wildlife for scientific or propagating purposes; penalties.

For purposes of this section:

(a) "Take" means to harass, hunt, capture, or kill.

(b) "Protected wildlife" means any wildlife, part, product, egg, offspring nest, dead body, or part thereof which is managed or protected or the taking of which is specifically regulated by the department.

Permits may be granted by the department to any properly accredited competent person permitting him to collect protected wildlife for strictly scientific or propagating purposes only. No permit is required for the collecting or taking of nonprotected wildlife. Applications for a permit must be made to the department which shall investigate the applicant and the project or program for which the collection is to be made. The application must be accompanied by a payment of a ten-dollar fee to cover the cost of the examination and the issuing of the permit. If the department considers the applicant to be qualified and the program or project to be necessary or desirable, it shall issue a permit which expires on December thirty-first of the year in which it is issued. Permits may be renewed for one year upon application and the payment of a ten-dollar renewal fee if the department determines the applicant and the program or project is still qualified. Permits are not transferable but any student assistant working under the direct supervision of the permittee in collecting activities may participate under the permit. All collecting or taking must be conducted so as to adhere to recognized scientific methods. Wherever practicable, data, results, and specimens must be made available to the public upon request. The permittee shall submit a report at the end of the permit period of the specimens collection and of other information as may be included on the report form, which must be furnished by the department. Collecting permits for endangered species must be issued only in accordance with Section 50-15-50. The provisions of Section 50-17-70 are not superseded by the provisions of this section.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in an amount of not less than twenty-five dollars nor more than one hundred dollars or imprisoned for a term not to exceed thirty days and any permit issued to that person is revoked.

ARTICLE 7.

SHOOTING PRESERVES AND PEN-RAISED QUAIL

SECTION 50-11-1200. Authority of department to grant operating licenses for shooting preserves.

The department may grant operating licenses for shooting preserves which are privately owned and operated under the terms and provisions as provided in this article. Shooting preserves may not be established for the purpose of extending the regular hunting seasons for native species.

SECTION 50-11-1210. Licensing new preserve.

No new preserve may be licensed by the department without the approval of the majority of the legislative delegation of the county in which such preserve is to be located.

SECTION 50-11-1220. Fees for operating license.

The annual fee for obtaining a shooting preserve operator's license is two hundred dollars for the first one hundred acres of shooting preserve area, plus fifty dollars for each additional one hundred acres or part thereof.

SECTION 50-11-1230. [Derived from former Section 50-11-3340 (1962 Code Section 28-528; 1957 (50) 535)] En by 1988 Act No. 561, Section 1; Repealed by 1988 Act No. 560, Section 1.

SECTION 50-11-1240. Minimum and maximum preserve size.

In order to be licensed as a shooting preserve operator, the operator must own or lease a minimum of one hundred contiguous acres, including water areas. The preserve is restricted to not more than one thousand, five hundred contiguous acres. Proof of ownership or leasehold interest and accurate maps or plats identifying the proposed area must accompany all applications. Shooting preserves may be approved by the department to release pen-raised turkeys but those preserves are restricted to not less than ten thousand contiguous acres owned by the operator. Shooting preserves approved by the department to release pen-raised turkeys must apply for a permit annually and pay a fee of ten thousand dollars in lieu of the fees required by Section 50-11-1220. Nonresident big game permits are not required on those specially licensed shooting preserves.

SECTION 50-11-1250. Designation of shooting preserve boundaries; requirements.

Shooting preserve operators shall maintain a clearly defined boundary on which signs designating the area as a shooting preserve must be posted at intervals of one hundred fifty feet or less. Construction of a fence, as prescribed by the department, along the boundaries of the preserve may be required.

SECTION 50-11-1260. Hunting licenses required on shooting preserves.

All state residents who hunt or shoot on shooting preserves are required to have appropriate hunting licenses and permits in accordance with wildlife laws and regulations. Nonresidents must possess a regular nonresident license and all applicable permits. When shooting a species for which the preserve is licensed a special nonresident shooting preserve permit may be used.

SECTION 50-11-1270. Species of game which may be taken.

Legal shooting preserve species are:

(1) pen-raised bobwhite quail, pheasants, Chukars, and other species designated by the department; and

(2) pen-raised mallards that conform to United States Fish and Wildlife Service standards and regulations.

SECTION 50-11-1280. Restrictions on shooting preserves in Game Zones 7 and 9.

No shooting preserve may be licensed to release pen-raised ducks in Game Zones 7 and 9.

SECTION 50-11-1290. Shooting season.

The shooting season is a consecutive six-month period, beginning October first and ending the following April first.

SECTION 50-11-1300. Bag limits on species designated as shooting preserve species.

There is no bag limit on species designated as shooting preserve species.

SECTION 50-11-1310. [Derived from former Section 50-11-3440 (1962 Code Section 28-538; 1957 (50) 535)] En by 1988 Act No. 561, Section 1; Repealed by 1988 Act No. 560, Section 1.

SECTION 50-11-1320. [Derived from former Section 50-11-3450 (1962 Code Section 28-539; 1957 (50) 535; 1959 (51) 110; 1984 Act No. 374, Section 8)] En by 1988 Act No. 561, Section 1; Repealed by 1988 Act No. 560, Section 1, eff May 29, 1988.

SECTION 50-11-1330. Harvested game to be tagged.

All harvested game must be tagged before removal from a shooting preserve and the tags must remain affixed until the game is prepared for consumption. If species of game are packaged in bundles one tag is sufficient for the bundle, but the number of carcasses in the bundle must be recorded on each tag.

SECTION 50-11-1340. Department not to provide game for stocking private preserve.

The department shall furnish no game for the stocking of any preserve provided for by this article.

SECTION 50-11-1350. Permit to operate quail call pen trap.

A licensed shooting preserve operator may apply to the department for a permit to operate a quail call pen trap for the purpose of recovering any quail that are not killed. Bird dog field trials sanctioned by nationally recognized field trial associations may apply for a special field trial permit which provides for the release and shooting of designated species outside of the normal season and during the field trial event only.

SECTION 50-11-1360. Animals held in captivity at private preserve to be confined in cages.

All animals held in captivity at a shooting preserve must be confined in cages constructed of material of a strength appropriate for that particular species. The cage facility must be structurally sound and must be maintained in good repair to protect the animals from injury, to minimize the possibility of escape, and to prevent entrance by other animals.

SECTION 50-11-1370. Penned animals to receive proper care.

Proper care must be given to all penned animals to assure:

(1) Clean water is provided as necessary.

(2) Food is wholesome, palatable, and free from contamination.

(3) Animals are provided adequate cover and bedding to assure the safety of the animals during adverse environmental conditions.

(4) Excreta are removed from cages or enclosures as often as necessary to prevent contamination of the animals.

(5) An effective program for the control of insects, parasites, and avian and mammalian pests is established and maintained.

(6) Animals with a propensity to fight or which are otherwise incompatible are kept segregated.

SECTION 50-11-1380. Vehicle used to transport animals must be properly equipped.

Vehicles used in transporting animals must be mechanically sound and equipped to provide adequate fresh air, when moving or stationary.

SECTION 50-11-1390. Record keeping requirements; inspection of records.

Each shooting preserve operator shall maintain a registration book listing names, addresses, and hunting license numbers of all hunters, the dates on which they hunted, the amount and types of game and designated shooting preserve species harvested and tag numbers affixed to each carcass or container. The operator also shall maintain a record of the number of each species of game raised or purchased and the number released and other records which the department may designate. The records may be inspected by an authorized member of the department or a person it may designate or employ at any time. Operators must furnish the department a copy of the records within sixty days after the end of the hunting season on the preserve.

SECTION 50-11-1400. Manager, owner or licensee of preserve responsible for any violation on preserve; penalties for violations.

The violation of any of the sections of this article is a misdemeanor. The manager, owner, or licensee, or any of them, of any shooting preserve provided for in this article is responsible for any violation of this article and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than two hundred dollars or imprisoned for not less than fifteen days nor more than thirty days and the license of the preserve must be revoked, within the discretion of the department. The preserve is not eligible for another license during the calendar year, nor thereafter, except on terms and conditions prescribed by the department.

SECTION 50-11-1410. Penalty for operating preserve without license.

The operation of a shooting preserve as provided for in this article without a license is a misdemeanor and, upon conviction, the operator must be fined not less than two hundred dollars nor more than five hundred dollars or be imprisoned not less than thirty days nor more than six months.

SECTION 50-11-1420. "Pen-raised quail" defined.

A "pen-raised quail" is one which has been hatched from an egg laid by a quail and subsequently wholly raised and confined in a pen or coop.

SECTION 50-11-1430. Authorization to engage in business of propagating pen-raised quail.

With the approval of the department, any person may engage in the business of propagating pen-raised quail for commercial purposes upon compliance with this article.

SECTION 50-11-1440. Commercial quail breeder's license.

A commercial quail breeder's license first must be obtained from the department. The license may be purchased at any time and is good only for the fiscal year, July first through June thirtieth, in which it is issued. The license fee is five dollars, and each license must be numbered by the department.

SECTION 50-11-1450. No license required of hotel, restaurant, boardinghouse or club to raise quail for food to be consumed on premises.

The keeper of a hotel, restaurant, boardinghouse, or club may sell pen-raised quail for food to be consumed on the premises and is not required to hold a license therefor.

SECTION 50-11-1460. Revocation of or refusal to issue breeders license.

The department, when it has evidence that any breeder is violating the intent of this article and is not cooperating with the department in a desirable manner, may revoke the breeder's license and may refuse to issue the license and seals or tags to the breeder. Where a person has a record of game violations, the department may refuse to issue the breeder's license.

SECTION 50-11-1470. Authorization to sell pen-raised quail.

Any person complying with this article may sell live pen-raised quail for propagating purposes or may sell the carcasses of the pen-raised quail for any purpose, including sale for food.

SECTION 50-11-1480. Information required on package of pen-raised quail shipped out of state; records.

Before being offered for sale other than alive or for propagation purposes or shipped within the State, all packages or bags of pen-raised quail carcasses must be labeled, marked, or stamped, in such a way so as to give the following information: the hatchery in which the quail is produced, its location, and address. This information must not be removed from the package or bag of quail except by the ultimate consumer. In addition, the hatchery is required to keep accurate records of all sales of pen-raised quail and to make these records available for inspection upon request by the department.

SECTION 50-11-1490. Department to receive copy of invoice of pen-raised quail sold or shipped in state

When any pen-raised quail is sold or shipped into this State, the shipper or seller shall furnish the department with a copy of the invoice showing the number of the quail so shipped or sold and to whom the quail was shipped or sold. Any pen-raised quail sold or shipped in violation of this section is subject to confiscation by the department.

SECTION 50-11-1500. Pen-raised quail offered for sale must not be killed by shooting.

All pen-raised quail offered for sale must be killed otherwise than by shooting.

SECTION 50-11-1510. Trapping wild quail to be pen-raised; wild quail eggs.

It is unlawful to trap wild quail for the purpose of obtaining birds to be pen-raised or to obtain wild quail eggs to be pen-raised or hatched.

SECTION 50-11-1530. Penalties for violation of Article 7.

Any person violating any of the provisions of this article is guilty of a misdemeanor and, upon conviction, must be punished by a fine of two hundred dollars or thirty days' imprisonment for each offense and shall forfeit his license and tags and may not secure any additional license during that year.

ARTICLE 8.

SHIPPING, STORAGE, SALE, OR TRANSPORTATION OF WILDLIFE

SECTION 50-11-1700. Unlawful to keep certain birds or animals in cold storage or refrigerating plants; exceptions; penalties.

It is unlawful to keep any of the birds or animals forbidden to be sold by the terms of Sections 50-11-1910 and 50-11-1940 in cold storage or refrigerating plants, except in a private dwelling, unless the bird or animal in cold storage, or the package containing it, bears the name and address, the serial number, and the class of the hunting license of the owner of the bird or animal. Any person violating this section must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned one day for each dollar fined or unpaid, either or both.

SECTION 50-11-1710. Unlawful for transportation company to receive for shipment any state game birds or animals; exceptions.

It is unlawful for any transportation company to receive for shipment any of the game birds or animals of the State, except in season and unless the package containing them is so labeled as to show the consignor or consignee and the number and kind of birds or animals.

SECTION 50-11-1720. Transportation of game birds or animals unlawfully killed or captured prohibited; exceptions.

No person shall knowingly receive for transportation beyond the limits of this State, so transport, cause to be so transported, or have in his possession with the intent to so transport or secure transportation any partridge, grouse, wild turkey, snipe, woodcock, or other game bird or game animal which has been killed or captured in this State except as permitted by Sections 50-1-110, 50-11-1710, and 50-11-1730, and the receipt, transportation, or possession or the causing or securing of transportation of each bird or game animal so killed or captured constitutes a separate offense. The provisions of this section do not apply to common carriers into whose possession birds or game come in the regular course of their business for transportation while they are in transit through the State from any place without the State. Nothing herein prohibits persons from having in their possession for the purpose of domestication and propagation any birds or animals.

SECTION 50-11-1730. Authorization and application to transport game birds or animals out of state; limits; penalties.

It is lawful for any landowner or licensee to ship or carry beyond the limits of this State during any one week not over the bag limit for one day, as provided by law, of any domestic game birds or animals, when he has conformed to the regulations prescribed by the department under this section. Any landowner or licensee desiring to ship domestic game birds or animals beyond the limits of the State during the open season for such game birds or animals shall make application to the department, giving location of property and class and serial number of license held, and, upon the application, if it appears to the department that the shipment is for private, personal, or charitable use and not for sale of the game birds or animals, it may issue to the applicant a tag or label for use in shipping the game birds or animals. The tag or label must be of a design and in a form the department prescribes. Any person shipping or receiving for shipment beyond the limits of the State any domestic game birds or animals in violation of the provisions of this section is liable to a fine of not less than fifty dollars nor more than one hundred dollars or imprisonment for thirty days for each offense.

SECTION 50-11-1740. Limits on number of game birds or animals that may be shipped to private address in state.

It is lawful for a person to ship during any one week not over the bag limit for two days, as provided by law, of any domestic game birds or animals to any private address in this State when he has conformed to the regulations prescribed by the department under Section 50-11-1750.

SECTION 50-11-1750. Application to ship game birds or animals.

Any person so desiring to ship domestic game birds or animals during the open season for these game birds or animals or within five days after the closing of the season shall make application to the department and upon the application, if it appears that the shipment is for private and personal use and not for the sale of the game birds or animals, the department shall issue to the applicant a tag or label for use in shipping the game birds or animals. The label must be of a design and in a form the department prescribes.

SECTION 50-11-1760. Unlawful to bring coyote into state or release within state; exceptions; penalties; authorization to trap or kill coyotes; permit requirements.

It is unlawful to bring a coyote into the State in any manner, except one brought into the State and kept in captivity for exhibition purposes, or to release a coyote within the State. Any violation of this section is punishable by imprisonment for not more than one year or by a fine not exceeding five hundred dollars.

It is lawful for any person to trap or kill any coyote in this State at any time, but a permit must be obtained from the department before trapping coyotes outside the trap distance limits as prescribed in Section 50-11-2410.

SECTION 50-11-1765. Possession, sale, or importation of live wolves or coyotes unlawful; exceptions.

It is unlawful to sell live wolves or coyotes within the State or to ship or import live wolves or coyotes into this State, except for exhibition or scientific purposes upon the approval of the department as provided by regulations promulgated by the department. A person may not have a live wolf or coyote in his possession without a permit issued by the department.

SECTION 50-11-1770. Sale and shipment of live foxes within state lawful.

It is lawful to sell and ship live foxes within the State.

SECTION 50-11-1910. Sale of deer or deer parts; penalties.

(A) It is unlawful to buy or sell, offer for sale, barter, or have in possession for sale the following: any live deer (family cervidae), the venison of any deer except as provided in Section 50-11-1920, any whitetail deer gametes or antler velvet, or any whitetail deer antlers attached to the pedicel.

(B) For a violation of this section, upon conviction, the guilty party for a first offense must be fined not less than one hundred dollars nor more than three hundred dollars or be imprisoned for not more than thirty days; for a second offense within three years of the date of conviction for a first offense, the person must be fined not less than three hundred dollars nor more than five hundred dollars or be imprisoned for not more than thirty days; for a third or subsequent offense within three years of the date of conviction for a first offense, the person must be fined one thousand dollars or be imprisoned for not more than sixty days.

SECTION 50-11-1920. Sale of exotic farm-raised venison; permits; inspection of premises and records; violations; punishment.

(A) The proprietor of a permitted food service establishment may purchase and sell exotic farm-raised venison which is processed through an official establishment, certified by the State Livestock-Poultry Health Commission or the United States Department of Agriculture. The food service establishment first must obtain a permit from the department, at no cost, and must maintain adequate records to provide department personnel, law enforcement officers, and other food service inspectors information as to the source of the venison. The premises of the permitted food service establishment must be open for inspection by enforcement officers, department personnel, and food service inspectors at reasonable times or whenever employees are present.

(B) The owner of a permitted food service establishment is responsible for compliance with the terms of the permit and with this section. If the food service establishment or its employees violate the terms of the permit or this section, the permit is invalid, and the owner of the food service establishment is guilty of a misdemeanor, and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than one year, or both.

(C) An official establishment or a wholesale food distributor may obtain a permit, at no cost, to buy and sell exotic farm-raised venison to a permitted food service establishment. A permittee must maintain adequate records to provide department personnel, law enforcement officers, and other food service inspectors information as to the source of the venison. The premises must be open for inspection at reasonable times or whenever employees are present. If the permittee or its employees violate the terms of the permit or this section, the permit is invalid, and the permittee is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than one year, or both.

(D) The sale of whitetail deer, wild or farm raised, is prohibited.

(E) The Department of Natural Resources may promulgate regulations to enforce the provisions of this section.

(F) The provisions of this section do not apply to the sale or purchase of exotic farm-raised venison products that are fully cooked or preserved in a manner allowing for human consumption with no further preparation. Any product offered pursuant to this paragraph must bear official marks of inspection by the United States Department of Agriculture or the State Livestock-Poultry Health Commission. Official marks of inspection must be maintained on the product or product package until removed by the consumer. Any product offered pursuant to this paragraph must be referred to as being from exotic farm-raised venison or similar designation indicating the origin of the product.

SECTION 50-11-1930. Sale or purchase of willet or dove prohibited.

It is unlawful to buy or sell, expose for sale, or have in possession for sale or barter any willet or dove.

SECTION 50-11-1940. Unlawful to buy or barter for sale wild quail; penalty.

It is unlawful for any person to buy or barter for sale any wild quail within this State. Any person violating this section must be fined twenty-five dollars for each quail so bought or sold or imprisoned for not more than thirty days for each quail so bought or sold.

SECTION 50-11-1950. Possession and sale of pheasant eggs permitted.

It is lawful for anyone to own, possess, control, sell, or otherwise dispose of pheasant eggs within this State or to sell or otherwise dispose of the eggs beyond the borders of the State, under regulations promulgated by the department.

ARTICLE 9.

FIELD TRIALS

SECTION 50-11-2100. Department to promulgate regulations to permit field trials; penalties for violating regulations.

The department shall promulgate regulations to permit and regulate field trials during the year including the closed season.

A person violating the provisions of these regulations is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days for each offense.

SECTION 50-11-2110. Field trials in Game Zone 9; permits.

In Game Zone 9 field trials may be conducted from January first through January fifteenth of each year. If a permit is required to sponsor the field trial, the permit must be issued by the department upon written request by the organized sponsoring association's designated officer.

ARTICLE 10.

WILDLIFE MANAGEMENT AREAS

SECTION 50-11-2200. Establishment of wildlife management areas; regulations; prohibited conduct; penalties.

(A) Subject to available funding, the department shall acquire sufficient wildlife habitat through lease or purchase or otherwise to establish wildlife management areas for the protection, propagation, and promotion of fish and wildlife and for public hunting and fishing. The department may not have under lease at any one time more than one million six hundred thousand acres in the wildlife management area program. The department may not pay more than fair market value for the lease of lands in the area. The department may not lease land for the program which, during the preceding twenty-four months, was held under a private hunting lease. However, this restriction does not apply:

(1) if the former lessee executes a voluntary consent to the proposed wildlife management area lease;

(2) if the lessor cancels the lease; or

(3) to any lands which, during the twenty-four months before June 5, 1986, were in the game management area program. The department may establish open and closed seasons, bag limits, and methods for hunting and taking wildlife on all wildlife management areas.

(B) The department may promulgate regulations for the protection, preservation, operation, maintenance, and use of land owned by the department.

< Text of subsection (C) effective upon promulgation of regulations. >

(C) The following acts or conduct are prohibited and shall be unlawful on all land owned by the department; provided, however, the department may promulgate regulations allowing any of the acts or conduct by prescribing acceptable times, locations, means, and other appropriate restrictions not inconsistent with the protection, preservation, operation, maintenance, and use of such lands:

(1) hunting or taking wildlife or fish during closed season;

(2) exceeding bag or creel limits;

(3) hunting or taking wildlife;

(4) hiking;

(5) rock climbing;

(6) operation of motorized and nonmotorized vehicles;

(7) swimming;

(8) camping;

(9) horse riding;

(10) operation of boats;

(11) possession of pets;

(12) gathering plants;

(13) use of fire, except by the department for management purposes;

(14) polluting or contaminating any water;

(15) acting in a disorderly manner or creating any noise which would result in annoyance to others;

(16) operating or using audio device, including radio, television, musical instruments, or any other noise producing devices, such as electrical generators, and equipment driven by motor engines, in such a manner and at such times as to disturb other persons and no person shall operate or use any public address system.

(D) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or be imprisoned for not more than thirty days, or both.

SECTION 50-11-2210. Abuse of wildlife management area land and improvements unlawful; penalties.

The abuse of wildlife management area land and improvements thereon is unlawful. Any person who damages or destroys wildlife management area land or improvements on them including, but not limited to, roads, vegetation, buildings, structures, or fences or leaves refuse, trash, or other debris on the property or sets, makes, or builds a fire except in an area specially designated by the department or landowner as a campfire area is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars and be required to make restitution to the landowner in an amount determined by the court to be necessary to repair, rebuild, restore, or clean up the property to its condition before the abuse occurred. Any person failing to make restitution within the time limit set by the court shall serve a mandatory ten-day sentence in the county jail which may not be suspended in whole or in part. The provisions of this section are in addition to other criminal penalties.

SECTION 50-11-2220. Additional penalties for abusing wildlife management area land and improvements.

Any person violating the provisions of Section 50-11-2210, in addition to the penalties prescribed, shall lose the privileges of entering onto wildlife management area land for one year. Any person convicted twice within a three-year period of a violation of Section 50-11-2210 or within the same period of time convicted twice of unlawful commercial hunting or fishing on wildlife management area lands, in addition to the penalties prescribed in Section 50-11-2210, is forever barred from obtaining a Wildlife Management Area permit and shall lose his right to hunt and fish within the State for one year. The provisions of this section are in addition to other criminal penalties.

SECTION 50-11-2230. Public or private access to property must be available prior to leasing property to Wildlife Management Area Program.

Before any person may lease property to the Wildlife Management Area Program, there must be either public or private access to the property available for use by individuals hunting the property under the program during the term of the lease.

SECTION 50-11-2240. [En by 1988 Act No. 561, Section 1; 1993 Act No. 181, Section 1262, eff July 1, 1994] Repealed by 1996 Act No. 372, Section 5, eff July 1, 1996.

ARTICLE 11.

OPERATION GAME THIEF

SECTION 50-11-2300. Operation Game Thief Program created; funding.

There is created an Operation Game Thief Program to be funded by:

(1) monies authorized from the county game fund of the state treasury not to exceed thirty thousand dollars annually;

(2) monies received from donations to the fund, which must be used for general program purposes. The donor may not specify the purposes for which the donation must be used;

(3) monies appropriated by the General Assembly for the purposes provided in this article.

SECTION 50-11-2310. Purposes for which program funds may be expended.

Funds from the Operation Game Thief Program may be expended only for the following purposes:

(1) the financing of reward payments to persons other than law enforcement officers, department personnel, and members of their immediate families responsible for information leading to the arrest of any persons for unlawfully taking, wounding or killing, possessing, transporting, or selling wildlife and attendant acts of vandalism. The board shall establish the schedule of rewards to be paid for information received and payment must be made from funds available for this purpose;

(2) the financing of a statewide telephone reporting system under the name of "Operation Game Thief" established under the direction of the board;

(3) the promotion of public recognition and awareness of the Operation Game Thief Program.

SECTION 50-11-2320. Program funds to be expended in certain order.

The Operation Game Thief Program funds must be expended in conformity with the laws of the State, except that any monies appropriated by the General Assembly or received from donations must be used before monies from any county game fund are used. Balances remaining at the end of the fiscal year are exempt from the provisions of law relating to lapsing of appropriations.

ARTICLE 12.

TRAPPING, FURBEARING ANIMALS, REGULATION OF DEALERS, BUYERS, PROCESSORS, AND TRANSPORTERS OF FURS OR SIMILAR PRODUCTS OR ARTICLES

SECTION 50-11-2400.

Definitions.

For the purpose of this article:

(a) "furbearing animal" includes red and gray fox, raccoon, opossum, muskrat, mink, skunk, otter, bobcat, weasel, or beaver;

(b) "fur buyer" means any person who purchases any whole furbearing animal, raw or green furs, pelts, or hides;

(c) "take" means to shoot, wound, kill, trap, capture, or collect, or attempt to shoot, wound, kill, trap, capture, or collect;

(d) "commercial purposes" means taking or possessing any fur, pelt, hide, or whole animal for exchange, sale, trade, or barter and taking or possessing more than five furs, pelts, hides, or whole animals is taking for commercial purposes;

(e) "trapper" means any person who takes or attempts to take animals by trapping;

(f) "trap" means any device, other than a weapon, designed or constructed for taking animals;

(g) "foot-hold trap" means a steel-jawed, spring-loaded device designed to capture the animal by the foot;

(h) "live trap" means any box or cage designed for capturing and holding any animal unharmed;

(i) "processor" means any person engaged in tanning or dressing furs, pelts, or hides of furbearing animals for commercial purposes;

(j) "transfer" includes selling, bartering, exchanging, and transporting.

SECTION 50-11-2410. Use of certain traps prohibited.

It is unlawful for any person to sell, make, or use a foot-hold trap or any like device within this State. This prohibition does not apply to foot-hold traps of a size number three or smaller made, sold, or used by the owner, leaseholder, or owner's employee for the protection of property when the devices are set within two hundred yards of the person's residence or within twenty-five yards of any poultry house, nor does this section apply to merchants who have such traps for sale outside this State.

The use of body gripping traps of the Conibear type may be used without bait or scents for vertical water sets and vertical slide sets only.

It is lawful to use foot-hold traps of a size number two or smaller for land sets and a size number three or smaller for water sets in Game Zones 1, 2, 3, 4, 6, 7, 10, and 11 inclusive. The use of foot-hold traps in Game Zones 5, 8, and 9 may be allowed with the approval of the majority of the legislative delegation for the game zone involved. The legislative delegations for any game zone may elect to restrict the use of the foot-hold trap and the Conibear trap, except when it is used as permitted in the preceding paragraph, by a majority vote. A petition signed by the members allows or prohibits the use of foot-hold traps. The petition must be forwarded to the department. The initiative for the petition must originate with the members of the delegations for the respective game zone. The approval or repeal remains in effect for no less than one year.

SECTION 50-11-2415. Use of certain rubber padded steel foot-hold traps to capture fox.

It is lawful to use rubber padded steel foot-hold traps of a size number two or smaller for land sets for the capture of live fox in Game Zone 9.

Any other furbearing animal so captured must be immediately released.

SECTION 50-11-2420. Commercial fur license.

In addition to a valid state hunting license, a commercial fur license is required of all persons who sell or take by any means, except trapping, furbearing animals for commercial purposes and all persons who trap or who attempt to trap any furbearing animals. The license is issued by the department at a cost of ten dollars for residents and one hundred dollars for nonresidents. The license is valid for the fiscal year for which issued. Any person taking animals under authority of a commercial fur license shall carry the license on his person. Any person having in his possession more than five furbearing animals or pelts shall have a valid commercial fur license. The provisions of this section do not apply to a processor, manufacturer, or retailer.

SECTION 50-11-2430. Fur trappers to carry proof of ownership of or permission to use land on which traps are set.

Any person engaged in the act of trapping shall have proof that he is the owner of the property on which the traps or devices are set or carry on his person written permission to use the property for trapping.

SECTION 50-11-2440. Trapper to visit traps daily; visiting traps at night prohibited; traps not to be set in open area commonly used by persons or domestic animals.

A trapper shall visit his traps daily and remove any animal caught but no trapper may visit any trap at night and no trap may be set "in the open" or in paths, roadways, or runways commonly used by persons or domestic animals.

SECTION 50-11-2445. Removal of trapped wildlife; penalties.

It is unlawful for any person, other than the owner of the trap to remove any lawfully trapped wildlife from any legally set trap. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned for no more than thirty days.

SECTION 50-11-2450. Commercial fur licensees to report annually to department.

Any person required to be licensed under Section 50-11-2420 shall report to the department by April fifteenth of each year the number and type of furbearing animals taken, sold, or shipped, together with the names and addresses of persons to whom sold or shipped using forms as the department may prescribe. Any person failing to report by April fifteenth of each year shall, on the second offense, be denied a license for the following fiscal year.

SECTION 50-11-2460. Traps allowed for trapping; traps to bear owner's name and address.

The following traps are allowed for trapping in accordance with an approved commercial fur license:

(1) body gripping traps (generally known by the brand name "Conibear") as provided in Section 50-11-2410;

(2) live traps;

(3) foot-hold traps as provided in Section 50-11-2410.

All other traps, including "deadfall" traps, are unlawful unless expressly authorized by the department by regulation.

All traps must bear the owner's name and address either directly thereon or by an attached identification tag.

SECTION 50-11-2470. Fur dealer, buyer, and processor's license.

Any person other than a retailer of finished fur or manufacturer of finished furs, pelts, hides, similar articles, or parts of them who buys furs, pelts, hides, whole furbearing animals, similar articles, or parts of them in this State is required to have a fur buyer's license. The license is issued by the department at a cost of one hundred dollars for residents and two hundred dollars for nonresidents. The license is valid for the fiscal year in which issued. Any person transacting business under authority of such a license shall carry that license on his person.

SECTION 50-11-2475. Fur processor's license.

Any fur processor engaged in processing the hides of furbearing animals is required to obtain a processor's license. The license is issued by the department at a cost of five hundred dollars. The license is valid for the fiscal year in which it is issued. A taxidermist who possesses any fur, pelt, hide, or whole furbearing animal legally owned by another person, which he is temporarily holding for the purpose of processing, is not required to obtain this license. All processors shall keep a daily register showing the name and address of each person from whom the fur, pelt, hide, or whole furbearing animal is received, the number of each species, and the date and place of origin. All processors shall report the information to the department not later than June thirtieth of each year.

SECTION 50-11-2480. Persons not required to obtain fur dealer, buyer, and processor's license.

The following persons are not required to obtain the license provided for in Section 50-11-2470:

(1) a person who acquires not more than five furs, pelts, hides, or whole animals for his own personal use during one season and not for barter, exchange, or sale;

(2) a person licensed under Section 50-11-2475 as a processor;

(3) a taxidermist who possesses a fur, pelt, hide, or whole furbearing animal legally owned by another person which he is holding temporarily solely for the purposes of processing;

(4) a person acquiring furbearing animal carcasses without hides;

(5) a person who owns a fox hunting enclosure and who is permitted annually by the department to purchase live foxes for release into his pen. The foxes must be obtained from a South Carolina licensed commercial trapper and may be obtained only if the foxes were taken lawfully in this State. Record of fox purchases or transfers must be reported annually on forms provided by the department.

SECTION 50-11-2490. Fur dealers, buyers, and processors to keep daily register; register sheets to be submitted monthly to department; furs, pelts and hides not properly tagged declared contraband.

All fur dealers, buyers, and processors, other than retailers, shall keep a daily register on forms provided by the department showing the name and address of each person from whom any furs are purchased, the number of his commercial fur license, and the number and types of furs, pelts, or hides purchased. Not later than the tenth day of each month, all dealers, buyers, and processors shall furnish the department all of the daily register sheets for the previous month. Any fur, pelt, or hide not properly tagged or logged when examined by the department is declared contraband and must be confiscated by the department.

SECTION 50-11-2500. Application for permit to hold fur more than thirty days after end of season.

Any person desiring to hold fur more than thirty days after the end of the regular season for taking furbearers shall apply to the department for a permit at no cost to hold the fur. The applications for the permits must contain an itemized list of furs to be held along with their fur tag numbers. The possession of any raw or green fur, pelt, or hide of any furbearing animal more than thirty days after the end of the regular season for taking furbearers other than provided for in this section is illegal.

SECTION 50-11-2510. Furs, pelts, and hides to be tagged; department to sell tags; untagged or unlawfully tagged furs, pelts or hides declared contraband.

Any person required to be licensed pursuant to Section 50-11-2420 who takes any furbearing animal must tag the fur, pelt, hide, or whole furbearing animal at the time the fur is removed from the carcass or in the case of a whole animal at the time the whole animal is stored or before it is sold, whichever occurs first. The tags must be sold by the department according to the following fee schedule:

bobcat $2.00

otter 2.00

mink 1.00

gray fox 1.00

red fox 1.00

weasel 1.00

beaver .25

raccoon .50

skunk .25

muskrat .25

opossum .25

The tags must be of a type and size the department prescribes. The tags must be securely attached and may not be removed until the time of processing. Any fur, pelt, hide, or whole animal which does not have a tag attached as required by this section or that is unlawfully tagged is declared contraband and must be confiscated. Unused tags must be returned to the department by April fifteenth of each year. Full refund must be given for unused tags returned by April fifteenth. Tags may only be used for the specific species for which they are issued and they must be numbered consecutively. These tags are nontransferable and may not be altered in any manner. The department may limit the number of tags for each species and the area in which they may be used. Furbearing animals taken live to be sold as live animals are not required to be tagged.

SECTION 50-11-2515. Unlawful to traffic in furs or animals required to be tagged.

Except as otherwise permitted in this article, it is unlawful to possess, acquire, or transfer any untagged fur, pelt, hide, or whole animal. Any person convicted of a violation of this section is guilty of a misdemeanor and must be punished as provided in Section 50-11-2560. Each fur, pelt, hide, or whole animal found untagged or unlawfully tagged constitutes a separate offense.

SECTION 50-11-2520. Inspection of business premises and records of licensee; revocation of license for failure to allow inspection.

All enforcement officers and any other employee of the department designated by the board, at any and all reasonable hours, may inspect the business premises and records required by this article of any person licensed under this article to ensure compliance.

The license of any licensee who refuses to allow promptly an inspection authorized under this section is subject to immediate revocation.

SECTION 50-11-2530. Confiscation of illegal traps, devices, furs, pelts and hides; sale of confiscated items; use of funds; destruction of illegal traps.

The department may confiscate all traps and devices, furs, pelts, hides, and whole animals which are illegally possessed, tagged, or used. Where the department has no storage facilities for perishable items such as furs, it may sell them at a reasonable price and hold the proceeds pending the final outcome of the case. Upon conviction of the owner, any traps, devices, furs, pelts, hides, or whole animals being held may be disposed of as determined advisable by the department and any proceeds resulting from the sale must be used for the propagation and protection of game.

SECTION 50-11-2540. Trapping season; unlawful to trap out of season without authorization.

It is lawful to trap furbearing animals for commercial purposes from January first to March first of each year. The trapping season may not exceed sixty days each year under any circumstances. It is unlawful to trap any other times unless authorized by the department. It is lawful to take furbearing animals by other lawful means during the general open hunting seasons established therefor.

SECTION 50-11-2550. Transportation of skins, furs, pelts or hides of furbearing animals out of state; authority to open and inspect any package containing furs, pelts or hides.

Any person shipping or transporting or attempting to ship or transport untanned furs, pelts, hides, or whole furbearing animals out of this State shall first obtain a permit from the department. The department may designate an enforcement officer or other representative in each county to inspect the shipment and issue the permit.

SECTION 50-11-2560. Penalties for violating provisions of article.

Any person violating the provisions of Section 50-11-2410, 50-11-2420, 50-11-2470, 50-11-2475, 50-11-2490, or 50-11-2515 is guilty of a misdemeanor and, upon conviction, must be fined not less than three hundred dollars nor more than one thousand dollars, or imprisoned for not more than sixty days for each violation. In addition, upon conviction, the department shall suspend the fur buyer's license for one year from the date of the conviction.

SECTION 50-11-2565. Penalties.

Any person violating the provisions of this article unless otherwise specified in Section 50-11-2560 is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars, or imprisoned for not more than thirty days for each violation.

SECTION 50-11-2570. Issuance of special permit to capture destructive animal.

(A) The department may issue special permits, at no cost to the applicant, for the taking, capturing, or transportation of a furbearing animal or another game animal which is destroying or damaging private or public property, timber, or growing crops so as to be a nuisance or for scientific or research purposes.

(B) The permit provided in subsection (A) is not required by the property owner or his designee when capturing furbearing animals or squirrels within one hundred yards of the owner's home when the animal is causing damage to the home or the owner's property. An animal captured pursuant to this subsection must be destroyed or with a department permit may be relocated.

SECTION 50-11-2575. Special permits for use of beaver snares.

The department may issue special depredation permits, at no cost to the applicant, to allow the use of snares for beavers in water-sets.

SECTION 50-11-2580. [1988 Act No. 567, Section 15; 1993 Act No. 181, Section 1262, eff July 1, 1994.] Repealed by 1993 Act No. 67, Section 2, eff July 1, 1993.





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