Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-9-665 of the 1976 Code, as last amended by Act 94 of 2013, is further amended to read:
"Section 50-9-665.
(A) For the privilege of hunting bear, in addition to the
required hunting license and big game permit the licensee must
obtain a bear tag issued in his name, and the fee:
(1) for a resident is
twenty-five dollars per tag, one dollar of which may be retained
by the license sales vendor;
(2) for a nonresident
is one hundred dollars per tag, two dollars of which may be
retained by the license sales vendor.
(B) In game
zones other than Game Zone 1, applicants for bear tags must be
chosen by a random drawing. The application fee is ten dollars
per applicant and is nonrefundable. Tags are only valid for the
specified game zone.
(C)
Youth under the age of sixteen are required to obtain
youth tags for bear from the department at its designated
licensing locations at no cost."
SECTION 2. Section 50-11-430 of the 1976 Code, as last amended by Act 227 of 2014, if further amended to read:
"Section 50-11-430.
(A)(1) The open season for hunting and
taking bear in Game Zone 1 for still gun hunts is October 17
through October 23; for party dog hunts is October 24 through
October 30. A party dog hunt in Game Zone 1 may not exceed
twenty-five participants per party and shall register with the
department by September first. Party participants, except those
not required to have licenses shall submit their hunting license
number in order to register.
(2)
In all other game zones, the General Assembly finds it in
the best interest of the State to allow the taking of black bear
under strictly controlled conditions and circumstances. The
department may establish a bear management program that allows
for hunting and selective removal of bear in order to provide
for the sound management of the animals and to ensure the
continued viability of the species. The department must
promulgate regulations to set the conditions for taking,
including methods of take, areas, times, limits, and
seasons, and other conditions to properly control the harvest of
bear. The department may issue bear permits to allow
hunting and taking of bear in any game zone where bear occur. In
Game Zones 2, 3, and 4 a person desiring to hunt and take bear
must apply to the department. The application fee is ten dollars
and is nonrefundable. Successful applicants must be randomly
selected for the permit, and must pay a twenty-five dollar fee
for residents and one hundred dollar fee for
nonresidents.
(B) In Game Zones 2, 3,
and 4 where the department declares an open season, the
department shall promulgate regulations necessary to properly
control the harvest of bear.
(C) In Game Zones 2,
3, and 4 where the department declares an open season for
hunting and taking bears on wildlife management areas, and all
other areas under the ownership, control, or lease of the
department, the season will be set by the department.
(D) Any bear
taken must be tagged with a valid bear tag and reported to the
department as prescribed. The tag must be attached to the
bear as prescribed by the department before being moved from the
point of kill.
(D)(E)
It is unlawful to:
(1)
hunt, take, or attempt to take a bear except during the
open season;
(2)
possess an untagged bear;
(3)
take more than one bear per person during all seasons. In
Game Zone 1 a registered party dog hunt may take up to five bear
per season per party; a person who has taken a bear during the
season may participate in a registered party hunt as long as the
hunting license shows the bear tag endorsement, but the person
may not take another bear;
(4)
take or attempt to take a sow bear with cubs;
(5)
possess or transport a freshly killed bear or bear part
except during the open season for hunting and taking bear. This
prohibition does not apply to bear lawfully taken in other
jurisdictions. The department may issue a special permit for
possession or transportation of a freshly killed bear or bear
part outside of the season;
(6)
possess a captive bear except pursuant to a permit issued
by the department. A violation of the terms of the permit may
result in revocation or a civil penalty of up to five thousand
dollars, or both. An appeal must be made in accordance with the
Administrative Procedures Act;
(7)
pursue bear with dogs; except during the open season for
hunting and taking bear with dogs;
(8)
hunt or take bear by the use or aid of bait; or attempt to
hunt or take bear by use or aid of bait; hunt or take bear on or
over a baited area. As used in this item:
(a)
'Bait' means salt or shelled, shucked, or unshucked corn,
wheat or other grain, or other foodstuffs that could constitute
a lure, attraction, or enticement for bear.
(b)
'Baiting' or 'to bait' means placing, depositing,
exposing, distributing, or scattering bait.
(c)
'Baited area' means an area where bait 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. Nothing in this section
prohibits the hunting and taking of bear on or over lands or
areas that are not otherwise baited and where:
(i)
there are standing crops on the field where grown,
including crops grown for wildlife management purposes; or
(ii)
shelled, shucked, or unshucked corn, wheat or other grain,
or seeds that have been distributed or scattered solely as the
result of a normal agricultural practice as prescribed by the
Clemson University Extension Service or its successor;
(9)
buy, sell, barter, or exchange or attempt to buy, sell,
barter, or exchange a bear or bear part; or
(10)
take or attempt to take a bear from a watercraft or other
water conveyance or molest, take, or attempt to take a bear
while the bear is swimming in a lake or river.
(F)(1) Each of
the acts provided for in subsection (D) is a violation of this
section and is a separate offense.
(2)
A person violating the provisions of
this section or a regulation pertaining to bear hunting
is guilty of a misdemeanor and, upon conviction, must be fined
not more than two thousand five hundred dollars or imprisoned
not more than two years, or both. Hunting and fishing privileges
of a person convicted under the provisions of this section must
be suspended for three years. In addition, each person convicted
of a violation of this section shall pay restitution to the
department of not less than one thousand five hundred dollars
for each bear or bear part that is the subject of a violation of
this section. The magistrate's court retains concurrent
jurisdiction for offenses contained in this section."
SECTION 3. The department shall provide a report of a one-year study by July 1, 2018, to the Chairman of the Senate Fish, Game and Forestry Committee and the Chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee. The report will include, but will not be limited to, the harvest summary of Black Bear in Game Zones 1-4.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.