H*2360 Session 106 (1985-1986)
H*2360(Rat #0106, Act #0068 of 1985) General Bill, By
House Agriculture and Natural Resources
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Sections
50-11-2035 and 50-11-2036, so as to provide for the hunting of antlerless deer
and to provide penalties for violations; to amend Sections 50-1-210,
50-11-310, 50-11-1000, 50-11-2040, and 50-11-2050 relating to hunting and
fishing on national forest lands and possession of beheaded deer, so as to
change the penalties for violations of regulations relating to hunting and
fishing on federally owned or controlled lands, to change references to doe
deer to antlerless deer, and to increase the penalty for possession of
beheaded deer; to amend Sections 50-11-670, 50-11-680, as amended, 50-11-740,
50-11-850, as amended, 50-11-910, as amended, 50-11-970, as amended,
50-11-990, 50-11-1230, 50-11-1250, Act 395 of 1978, Act 626 of 1976, as
amended, and Act 20 of 1977, relating to protection of game, so as to change
references from buck deer to antlered deer and doe deer to antlerless deer; to
amend Act 401 of 1978, as amended, relating to the point system for suspending
hunting and fishing licenses, so as to change reference to doe deer to
antlerless deer and increase the points for violations involving antlerless
deer from eight to fourteen; and to repeal Sections 50-11-390, 50-11-600,
50-11-810, 50-11-820, 50-11-1220, 50-11-2060, and 50-11-2070, relating to the
unlawful hunting of doe deer, deer with antlers which do not extend beyond the
hairline, and hunting deer from boats.
02/07/85 House Introduced, read first time, placed on calendar
without reference HJ-594
02/13/85 House Read second time HJ-692
02/14/85 House Read third time and sent to Senate HJ-804
02/19/85 Senate Introduced and read first time SJ-586
02/19/85 Senate Referred to Committee on Fish, Game and Forestry SJ-586
04/16/85 Senate Committee report: Favorable with amendment Fish,
Game and Forestry SJ-1517
04/17/85 Senate Amended SJ-1559
04/17/85 Senate Read second time SJ-1560
04/18/85 Senate Read third time SJ-1600
04/18/85 Senate Returned SJ-1600
04/23/85 House Concurred in Senate amendment and enrolled HJ-2614
04/30/85 Ratified R 106
05/02/85 Signed By Governor
05/02/85 Effective date 05/02/85
05/02/85 Act No. 68
05/14/85 Copies available
(A68, R106, H2360)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS
50-11-2035 AND 50-11-2036, SO AS TO PROVIDE FOR THE HUNTING OF ANTLERLESS DEER
AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 50-1-210, 50-11-310,
50-11-1000, 50-11-2040, AND 50-11-2050 RELATING TO HUNTING AND FISHING ON
NATIONAL FOREST LANDS AND POSSESSION OF BEHEADED DEER, SO AS TO CHANGE THE
PENALTIES FOR VIOLATIONS OF REGULATIONS RELATING TO HUNTING AND FISHING ON
FEDERALLY OWNED OR CONTROLLED LANDS, TO CHANGE REFERENCES TO DOE DEER TO
ANTLERLESS DEER, AND TO INCREASE THE PENALTY FOR POSSESSION OF BEHEADED DEER; TO
AMEND SECTIONS 50-11-670, 50-11-680, AS AMENDED, 50-11-740, 50-11-850, AS
AMENDED, 50-11-910, AS AMENDED, 50-11-970, AS AMENDED, 50-11-990, 50-11-1230,
50-11-1250, ACT 395 OF 1978, ACT 626 OF 1976, AS AMENDED, AND ACT 20 OF 1977,
RELATING TO PROTECTION OF GAME, SO AS TO CHANGE REFERENCES FROM BUCK DEER TO
ANTLERED DEER AND DOE DEER TO ANTLERLESS DEER; TO AMEND ACT 401 OF 1978, AS
AMENDED, RELATING TO THE POINT SYSTEM FOR SUSPENDING HUNTING AND FISHING
LICENSES, SO AS TO CHANGE REFERENCE TO DOE DEER TO ANTLERLESS DEER AND INCREASE
THE POINTS FOR VIOLATIONS INVOLVING ANTLERLESS DEER FROM EIGHT TO FOURTEEN; AND
TO REPEAL SECTIONS 50-11-390, 50-11-600, 50-11-810, 50-11-820, 50-11-1220,
50-11-2060, AND 50-11-2070, RELATING TO THE UNLAWFUL HUNTING OF DOE DEER, DEER
WITH ANTLERS WHICH DO NOT EXTEND BEYOND THE HAIRLINE, AND HUNTING DEER FROM
BOATS.
Be it enacted by the General Assembly of the State of South Carolina:
Antlerless deer
SECTION 1. The 1976 Code is amended by adding:
"Section 50-11-2035. 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."
Director may declare open seasons
SECTION 2. The 1976 Code is amended by adding:
"Section 50-11-2036. In Game Zones 1, 2, and 4 the Director of the Division
of Wildlife and Freshwater Fisheries may declare open seasons and prescribe
regulations for the legal harvest of antlerless deer as provided in Sections
50-11-650, 50-11-660, and 50-11-670.
In Game Zones 3, 5, 6, 7, 8, 9, 10, and 11 the Director of the Division of
Wildlife and Freshwater Fisheries may:
(1) Make periodic studies of deer populations and their habitats and designate
specific areas where antlerless deer harvests may be justified.
(2) Declare open seasons and issue antlerless deer quota permits to landowners
or lessees to provide for the legal harvest of antlerless deer. Seasons may be
opened and permits must be valid only between October first and January first,
inclusive.
(3) Close seasons and suspend or revoke the quota permit when environmental
conditions or other factors warrant. Suspension of a quota permit requires the
immediate return of any unused antlerless deer tags. Revocation must be by the
Director and notice must be by certified or registered mail to the permittee at
his last known address and must be conclusively presumed received five days after
mailing.
(4) Require that each antlerless deer lawfully killed during an open season be
reported in writing to the Director and that each antlerless deer lawfully killed
under a quota permit must be tagged with a valid antlerless deer tag provided by
the Director. The tag must be permanently attached to the lower jaw of the deer
immediately after it is killed and prior to it being transported.
(5) Require each quota permittee to complete and file with the Director an
annual report of the deer harvest on his property by January fifteenth of each
year.
(6) Promulgate other regulations that are necessary for the proper control and
management of antlerless deer harvests. Thirty days before proposal of such a
regulation the Director shall notify the legislative delegation of any county in
which the control and management of the harvest of antlerless deer is to be
changed by the regulation. If a majority of the legislative delegation of an
affected county does not object to the proposed regulation within the thirty-day
period, the Director may proceed with the promulgation of the regulation.
(7) Any person violating any provision of this section is subject to penalties
as prescribed in Section 50-11-2035."
Penalty
SECTION 3. Section 50-11-2040 of the 1976 Code is amended to read:
"Section 50-11-2040. 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."
Penalty
SECTION 4. Section 50-11-2050 of the 1976 Code is amended to read:
"Section 50-11-2050. The possession of any deer with the head detached is
prima facie evidence that the deer is an antlerless deer and was taken
unlawfully. This does not apply to possession at a private residence or place
of business."
Penalty
SECTION 5. Section 50-1-210 of the 1976 Code is amended to read: "Section
50-1-210. Any person violating any of the regulations promulgated by the
Director or who hunts or fishes upon the lands at any time, other than those
times specified by the Director, must, upon conviction of the violations, be
fined not more than two hundred dollars or imprisoned for not more than thirty
days for each and every offense."
Hunting of antlered deer
SECTION 6. Item (1) of Section 50-11-310 of the 1976 Code is amended to read:
"(1) Antlered deer only may be hunted from August fifteenth to January
first, inclusive;".
Penalty
SECTION 7. Section 50-11-670 of the 1976 Code, as last amended by Act 101 of
1979, is further amended to read:
"Section 50-11-670. Any person taking, attempting to take, or having in his
possession deer illegally or taking, attempting to take, or killing deer in any
way prescribed by the Commission 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."
Period for open season
SECTION 8. Section 50-11-680 of the 1976 Code, as last amended by Act 485 of
1976, is further amended to read:
"Section 50-11-680. The open season for hunting game birds and animals in
Game Zone No. 5 is from Thanksgiving Day to March first following, inclusive,
except that:
(1) Antlered deer only, may be hunted from September fifteenth to January
first, inclusive.
(2) Raccoons and opossums may be hunted from September fifteenth to March
fifteenth, inclusive; provided, that raccoons and opossums may be hunted without
firearms from August fifteenth to September fourteenth and from March sixteenth
to May fourteenth, inclusive.
(3) Between September fifteenth and Thanksgiving Day rabbits may be hunted
without firearms and squirrels may be hunted without dogs.
(4) The Director of the Division of Game of the South Carolina Wildlife and
Marine Resources Department has authority to make periodic studies of the wild
turkey population in Game Zone No. 5 and declare open seasons for the taking of
male wild turkeys at any time between the day before Thanksgiving and May first,
inclusive.
Any person violating any of the provisions of this section must, upon
conviction, be fined not exceeding two hundred dollars or imprisoned for not more
than thirty days."
Period for open season
SECTION 9. Section 50-11-740 of the 1976 Code is amended to read: "Section
50-11-740. The open season for hunting antlered deer, on the sea islands of Game
Zone No. 11 which contain at least thirty thousand acres of land, is from
November first to January first, both inclusive. The hunting of antlered deer
on any of the islands at any other times than those established in this section
and the hunting of antlerless deer at any time whatever, except as otherwise
provided by law, is a misdemeanor, punishable by fine of not more than two
hundred dollars or imprisonment for not more than thirty days."
Open and close seasons in Game Zone 7
SECTION 10. Section 50-11-850 of the 1976 Code, as last amended by Act 63 of
1981, is further amended to read:
"Section 50-11-850. There are created open and closed seasons for the
hunting of game in Game Zone No. 7 as follows:
(1) The open season for the hunting of male wild turkey is from the day before
Thanksgiving to the Saturday after Thanksgiving, inclusive, from December
twenty-fourth to January first, inclusive, and from March fifteenth to April
fifteenth, inclusive;
(2) The open season for the hunting of antlered deer is from September
fifteenth to January first, inclusive; and the open season for hunting antlered
deer with bow and arrow is from September first to January first, inclusive;
(3) The open season for the hunting of mink, muskrat, and otter is from
September fifteenth to March first, inclusive;
(4) The open season for the hunting of squirrels is from October first to March
first, inclusive;
(5) The open season for the hunting of quail is from Thanksgiving Day through
March first, inclusive, of each year;
(6) There is no closed season for the hunting of rabbit; and
(7) The open season for the hunting of raccoons and opossums is from September
fifteenth to March fifteenth, inclusive; except raccoons and opossums may be
hunted without firearms from August fifteenth to September fourteenth and from
March sixteenth to May fourteenth, inclusive."
Open and close season
SECTION 11. Item (2) of Section 50-11-910 of the 1976 Code is amended to read:
"(2) For antlered deer, September fifteenth to January first;".
Open and close season
SECTION 12. Item (1) of Section 50-11-970 of the 1976 Code is amended to read:
"(1) The open season for the hunting of antlered deer is from September
first to January first, inclusive;".
Item deleted
SECTION 13. Section 50-11-970 of the 1976 Code, as last amended by Act 95 of
1983, is amended by deleting item (9).
Hunt antlered deer in Williamsburg County
SECTION 14. Section 50-11-990 of the 1976 Code is amended to read:
"Section 50-11-990. Notwithstanding the provisions of Section 50-11-310 in
Williamsburg County antlered deer may be hunted from September first to January
first inclusive."
Wildlife service may allow hunting deer
SECTION 15. Section 50-11-1000 of the 1976 Code is amended to read:
"Section 50-11-1000. 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 Director of the Division of
Game, 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."
Limit of killing antlered deer
SECTION 16. Item (1) of Section 50-11-1230 of the 1976 Code is amended to read:
"(1) No person shall kill more than one antlered deer a day nor more than
five a season;".
Bag limit
SECTION 17. Section 50-11-1250 of the 1976 Code is amended to read:
"Section 50-11-1250. The bag limits in Game Zone No. 8 are as follows:
Antlered deer only, five a season, and quail, twelve a day."
Hunting violations
SECTION 18. Item (f) of 2. HUNTING VIOLATIONS of Section 1 of Act 401 of 1978
is amended to read:
"(f) Killing or possession of antlerless deer, except as expressly
provided by law ...... 14".
Hunting with bows and arrows in Game Zone 9
SECTION 19. Section 1 of Act 395 of 1978 is amended to read:
"Section 1. Antlered deer may be hunted in Game Zone No. 9 with bows and
arrows for two weeks preceding the open season and antlerless deer may be hunted
in Game Zone No. 9 with bows and arrows the last two weeks of the regular deer
season."
Open and close seasons
SECTION 20. Section 2 of Act 626 of 1976, as last amended by Act 460 of 1984,
is further amended to read:
"Section 2. There are created open and closed seasons for the hunting of
game in Game Zone No. 10 as follows:
(1) There is no open season for the hunting of wild turkeys;
(2) The open season for the hunting of antlered deer is from September
fifteenth to January first, inclusive. The open season for hunting antlered deer
with bow and arrow is from September first to January first, inclusive;
(3) The open season for the hunting of mink, muskrat, and otter is from
September fifteenth to March first, inclusive;
(4) The open season for the hunting of squirrels is from October first to March
first, inclusive;
(5) The open season for the hunting of quail is from Thanksgiving Day to March
first, inclusive;
(6) There is no closed season for the hunting of fox;
(7) There is no closed season for the gigging of fish known as German Carp;
(8) The open season for the hunting of raccoon and opossum is from September
fifteenth to March fifteenth, inclusive. Raccoon and opossum may be hunted
without firearms from August fifteenth to September fourteenth and from March
sixteenth to May fourteenth, inclusive;
(9) The open season for the hunting of rabbit is from Thanksgiving Day to March
first, inclusive. There is no closed season for the running of rabbits with dogs
for the purpose of training the dogs."
Limit on killing antlered deer
SECTION 21. Item (1) of Section 2 of Act 20 of 1977 is amended to read:
"(1) No person shall kill more than one antlered deer a day nor more than
five a season;".
Repeal
SECTION 22. Sections 50-11-390, 50-11-600, 50-11-810, 50-11-820, 50-11-1220,
50-11-2060, and 50-11-2070 of the 1976 Code are repealed.
Time effective
SECTION 23. This act shall take effect upon approval by the Governor. |