Current Status Introducing Body:Senate Bill Number:787 Primary Sponsor:Drummond Committee Number:20 Type of Legislation:GB Subject:Fish and game laws Residing Body:House Computer Document Number:NO5/7165.BD Introduced Date:Mar 19, 1991 Last History Body:House Last History Date:Apr 17, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Drummond Type of Legislation:General Bill
Bill Body Date Action Description CMN
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787 House Apr 17, 1991 Introduced, read first time, 20
referred to Committee
787 Senate Apr 16, 1991 Read third time, sent to House
787 Senate Apr 10, 1991 Read second time, notice of
general amendments
787 Senate Apr 04, 1991 Committee Report: Favorable 07
787 Senate Mar 19, 1991 Introduced, read first time, 07
referred to Committee
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COMMITTEE REPORT
April 4, 1991
S. 787
S. Printed 4/4/91--S.
Read the first time March 19, 1991.
To whom was referred a Bill (S. 787), to require the Code Commissioner to change certain words, phrases, and terms relating to fish and game laws, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
JOHN DRUMMOND, for Committee.
TO REQUIRE THE CODE COMMISSIONER TO CHANGE CERTAIN WORDS, PHRASES, AND TERMS RELATING TO FISH AND GAME LAWS; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-05 SO AS TO DEFINE TERMS AND SECTION 50-3-75 SO AS TO PROVIDE DUTIES FOR THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; TO AMEND SECTION 50-15-50, RELATING TO NONGAME AND ENDANGERED SPECIES, SO AS TO DELETE PROVISIONS AUTHORIZING AGREEMENTS BETWEEN THE WILDLIFE AND MARINE RESOURCES COMMISSION AND OTHER ENTITIES AND DELETE THE REFERENCES TO CERTAIN REGULATIONS; AND TO REPEAL SECTIONS 50-1-190, 50-3-80, 50-5-130, 50-11-520, 50-11-860, 50-11-875, 50-11-880, 50-11-883, 50-11-890, 50-11-900, 50-11-910, 50-11-920, 50-11-1050, 50-11-1070, 50-11-1080, 50-11-1090, 50-11-1120, 50-11-1130, 50-11-1150, 50-11-1160, 50-11-1170, 50-13-1950, 50-13-1960, 50-13-1970, 50-13-1980, 50-15-70, 50-21-40, 50-21-50, 50-21-610, AND 50-21-1010 AND CHAPTER 25 OF TITLE 50 RELATING TO BOATING AND WILDLIFE CONSERVATION.
Whereas, over the years, the South Carolina Wildlife and Marine Resources Commission and Department have changed the names of its divisions and certain employees. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The Code Commissioner shall change the following words, phrases, and names wherever they appear in the 1976 Code:
(1) "game warden" to "conservation officer";
(2) "Division of Game" to "Division of Wildlife and Freshwater Fisheries";
(3) "Division of Coastal Fisheries" to "Division of Marine Resources".
SECTION 2. The 1976 Code is amended by adding:
"Section 50-1-05. As used in this title:
(1) `Department' means the South Carolina Wildlife and Marine Resources Department.
(2) `Commission' means the South Carolina Wildlife and Marine Resources Commission.
(3) `Executive director' means the Executive Director of the Wildlife and Marine Resources Department.
(4) `Taking' means shooting, wounding, killing, catching, or taking into possession fish or wildlife.
(5) `Restocked wildlife and fish' means species of fish and wildlife whose numbers have been depleted in an area and have been reintroduced into that area under the supervision of the department.
(6) `Restocked area' means an area of the State where restocked fish or wildlife has been reintroduced and needs special management to insure the continued reproduction of that species.
(7) `Fish and wildlife sanctuary' means an area of the State where the hunting, taking, or disturbing fish and wildlife is prohibited or limited and where no fish or wildlife may be taken or disturbed except by special permit from the department."
SECTION 3. The 1976 Code is amended by adding:
"Section 50-3-75. The South Carolina Wildlife and Marine Resources Department is the state agency which has jurisdiction over and responsibility for the protection, propagation, management, and promotion of this state's wildlife and marine resources and those other natural resources as may be given to it by law. In furtherance of these purposes the department shall:
(1) protect, manage, and promote the wildlife and marine resources of the State;
(2) enforce the wildlife and marine conservation statutes, boating statutes, and the regulations which implement the statutes;
(3) issue titles and registrations for watercraft and outboard motors and regulate boating activities;
(4) permit the taking of wildlife and marine life for humane or scientific purposes or when in the professional judgment of the department's personnel the action is necessary for the protection, propagation, or management of a species;
(5) regulate hunting and shooting preserves;
(6) protect and manage endangered or threatened species;
(7) institute or defend actions in state or federal courts in its own name or in the name of the State in furtherance of its responsibilities. No bond is required of the department as a condition for action by the court;
(8) enter into agreements with entities of this State, other states, the United States, and private entities in furtherance of its responsibilities;
(9) establish fish and wildlife management areas, protect state controlled wildlife and marine resource habitat, and encourage private landowners to protect and manage wildlife habitat and marine resource habitat;
(10) set seasons, bag limits, and methods for hunting and taking wildlife on wildlife management areas and within associated hunt units and for fishing on wildlife management areas;
(11) set seasons, bag limits, and methods of hunting and taking species of restocked wildlife and fish on restocked areas of the State;
(12) establish fish and wildlife sanctuaries;
(13) advise the General Assembly on the status of the state's natural resources for which the department has jurisdiction and on legislation and other action necessary for the furtherance of the department's duties and responsibilities;
(14) have the authority to promulgate regulations."
SECTION 4. Section 50-15-50 of the 1976 Code is amended to read:
"Section 50-15-50. (a)(A) The commission shall establish such programs, including acquisition of land or aquatic habitat, as are deemed necessary for management of nongame and endangered wildlife. The commission shall utilize all authority vested in the department to carry out the purposes of this section.
(b) In carrying out programs authorized by this section, the Commission may enter into agreements with Federal agencies, political subdivisions of the State, or with private persons for administration and management of any area established under this section or utilized for management of nongame or endangered wildlife.
(c)(B) The Governor shall encourage other state and federal agencies to utilize their authorities in furtherance of the purposes of this section.
(d)(C) The commission may permit, under such terms and conditions as may be prescribed by regulation, the taking, possession, transportation, exportation, or shipment of species or subspecies of wildlife which appear on the state list of endangered species, on the United States' List of Endangered Native Fish and Wildlife, as amended and accepted in accordance with Section 50-15-40(d), or on the United States' List of Endangered Foreign Fish and Wildlife, as such the list may be modified hereafter, for scientific, zoological, or educational purposes, for propagation in captivity of such the endangered wildlife, or for other special purposes.
(e)(D) Upon good cause shown, and where necessary to alleviate damage to property or to protect human health, endangered species may be removed, captured, or destroyed but only pursuant to permit issued by the commission and, where possible, by or under the supervision of an agent of the department; provided, that endangered. Endangered species may be removed, captured, or destroyed without permit by any a person in emergency situations involving an immediate threat to human life. Provisions for removal, capture, or destruction of nongame wildlife for the purposes set forth above shall be set forth in regulations issued by the commission pursuant to Section 50-15-30(a)."
SECTION 5. Sections 50-1-190, 50-3-80, 50-5-130, 50-11-520, 50-11-860, 50-11-875, 50-11-880, 50-11-883, 50-11-890, 50-11-900, 50-11-910, 50-11-920, 50-11-1050, 50-11-1070, 50-11-1080, 50-11-1090, 50-11-1120, 50-11-1130, 50-11-1150, 50-11-1160, 50-11-1170, 50-13-1950, 50-13-1960, 50-13-1970, 50-13-1980, 50-15-70, 50-21-40, 50-21-50, 50-21-610, and 50-21-1010 and Chapter 25 of Title 50 are repealed.
SECTION 6. This act takes effect upon approval by the Governor.