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H*4572 Session 116 (2005-2006)
H*4572(Rat #0315, Act #0289 of 2006) General Bill, By Witherspoon, Frye, Rhoad and
Loftis
AN ACT TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO DIVISION OF THE STATE INTO GAME ZONES, SO AS TO REVISE AND
REDUCE THE NUMBER OF THESE GAME ZONES; TO AMEND SECTION 50-11-120, AS AMENDED,
RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO FURTHER PROVIDE FOR THESE
SEASONS BASED ON THE REVISED GAME ZONES AS PROVIDED FOR ABOVE; TO AMEND
SECTION 50-11-150, AS AMENDED, RELATING TO BAG LIMITS, SO AS TO FURTHER
PROVIDE FOR THESE BAG LIMITS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION
50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO
FURTHER PROVIDE FOR THESE OPEN SEASONS BASED ON THE REVISED GAME ZONES; TO
AMEND SECTION 50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER,
SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS FOR DEER BASED ON THE REVISED
GAME ZONES; TO AMEND SECTION 50-11-350, AS AMENDED, RELATING TO PENALTIES FOR
ILLEGALLY TAKING, POSSESSING, OR KILLING DEER IN CERTAIN GAME ZONES, SO AS TO
REVISE REFERENCES TO PARTICULAR GAME ZONES; TO AMEND SECTION 50-11-520, AS
AMENDED, RELATING TO SPECIAL STUDIES OF GAME ZONES STOCKED WITH WILD TURKEY,
SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES AND FURTHER TO PROVIDE FOR
THE SEASON FOR HUNTING AND TAKING MALE WILD TURKEYS; TO AMEND SECTION
50-11-708, RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHTS IN GAME ZONE 6,
SO AS TO REVISE THESE PROVISIONS, MAKE THEM APPLICABLE TO ALL GAME ZONES, AND
PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-710, AS AMENDED,
RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO PLACE AIDS
TO NAVIGATION AND REGULATORY MARKERS IN THE WATERS OF THIS STATE UNDER CERTAIN
CONDITIONS, SO AS TO REVISE THE MANNER IN WHICH THE DEPARTMENT REGULATES THE
UNIFORM MARKING OF THE WATERS OF THIS STATE AND THE OPERATION OF WATER DEVICES
AND WATERCRAFT THROUGH THE USE OF REGULATORY MARKERS; AND TO REPEAL SECTIONS
50-11-90, 50-11-555, 50-11-560, 50-11-700, 50-11-703, 50-11-704, 50-11-705,
50-11-706, AND 50-13-360, ALL RELATING TO VARIOUS WILDLIFE AND FISH AND GAME
PROVISIONS. - ratified title
02/01/06 House Introduced and read first time HJ-12
02/01/06 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-13
03/15/06 House Committee report: Favorable Agriculture, Natural
Resources and Environmental Affairs HJ-2
03/16/06 Scrivener's error corrected
03/21/06 House Requests for debate-Rep(s). Phillips, Coleman,
Kennedy, Anthony, Mahaffey, McLeod, Weeks,
Duncan, MA Pitts, Walker, Witherspoon, JH Neal,
Ott, Toole, Rhoad, Mack, Owens, Breeland, and
Davenport HJ-17
03/22/06 House Read second time HJ-26
03/22/06 House Roll call Yeas-107 Nays-0 HJ-28
03/23/06 House Requests for debate removed-Rep(s). Duncan,
Weeks, MA Pitts, McLeod, Witherspoon, Kennedy,
and Rhoad HJ-34
03/23/06 House Read third time and sent to Senate HJ-38
03/28/06 Senate Introduced and read first time SJ-8
03/28/06 Senate Referred to Committee on Fish, Game and Forestry SJ-8
04/05/06 Senate Committee report: Favorable Fish, Game and
Forestry SJ-24
04/06/06 Senate Read second time SJ-12
04/06/06 Scrivener's error corrected
04/11/06 Senate Amended SJ-19
04/11/06 Senate Read third time and returned to House with
amendments SJ-19
04/20/06 House Debate adjourned until Tuesday, April 25, 20069 HJ-70
04/25/06 House Concurred in Senate amendment and enrolled HJ-149
05/18/06 Ratified R 315
05/23/06 Signed By Governor
05/25/06 Copies available
05/25/06 Effective date 07/01/07
06/08/06 Act No. 289
H. 4572
(A289, R315, H4572)
AN ACT TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVISION OF THE STATE INTO GAME ZONES, SO AS TO REVISE AND REDUCE THE NUMBER OF THESE GAME ZONES; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO FURTHER PROVIDE FOR THESE SEASONS BASED ON THE REVISED GAME ZONES AS PROVIDED FOR ABOVE; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO BAG LIMITS, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE OPEN SEASONS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS FOR DEER BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-350, AS AMENDED, RELATING TO PENALTIES FOR ILLEGALLY TAKING, POSSESSING, OR KILLING DEER IN CERTAIN GAME ZONES, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO SPECIAL STUDIES OF GAME ZONES STOCKED WITH WILD TURKEY, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES AND FURTHER TO PROVIDE FOR THE SEASON FOR HUNTING AND TAKING MALE WILD TURKEYS; TO AMEND SECTION 50-11-708, RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHTS IN GAME ZONE 6, SO AS TO REVISE THESE PROVISIONS, MAKE THEM APPLICABLE TO ALL GAME ZONES, AND PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-710, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO PLACE AIDS TO NAVIGATION AND REGULATORY MARKERS IN THE WATERS OF THIS STATE UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE MANNER IN WHICH THE DEPARTMENT REGULATES THE UNIFORM MARKING OF THE WATERS OF THIS STATE AND THE OPERATION OF WATER DEVICES AND WATERCRAFT THROUGH THE USE OF REGULATORY MARKERS; AND TO REPEAL SECTIONS 50-11-90, 50-11-555, 50-11-560, 50-11-700, 50-11-703, 50-11-704, 50-11-705, 50-11-706, AND 50-13-360, ALL RELATING TO VARIOUS WILDLIFE AND FISH AND GAME PROVISIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Game zones
SECTION 1. Section 50-1-60 of the 1976 Code, as last amended by Act 46 of 1999, is further amended to read:
"Section 50-1-60. For the purpose of protection and management of wildlife, the State is divided into six zones:
(1) Game Zone 1 consists of all properties north of the main line of the Norfolk Southern Railroad from the Georgia state line to South Carolina Highway 183 in Westminster, then north of South Carolina Highway 183 to intersection of South Carolina Highway 183 and the Norfolk Southern Railroad main line in Greenville and then north of the main line of the Norfolk Southern Railroad to the Spartanburg County Line.
(2) Game Zone 2 consists of the counties of Abbeville, Anderson, Chester, Cherokee, Edgefield, Fairfield, Greenwood, Lancaster, Laurens, McCormick, Newberry, Saluda, Spartanburg, Union, York; and those portions of the counties of Greenville, Oconee, and Pickens south of the main line of the Norfolk Southern Railroad from the Georgia state line to South Carolina Highway 183 in Westminster, then south of South Carolina Highway 183 to the intersection of South Carolina Highway 183 and the Norfolk Southern Railroad main line in Greenville and then south of the main line of the Norfolk Southern Railroad to the Spartanburg County Line.
(3) Game Zone 3 consists of the counties of Aiken, Lexington, and Richland.
(4) Game Zone 4 consists of the counties of Chesterfield, Dillon, Florence, Horry, Kershaw, Marion, and Marlboro.
(5) Game Zone 5 consists of the counties of Clarendon, Darlington, Georgetown, Lee, Sumter, and Williamsburg.
(6) Game Zone 6 consists of the counties of Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Calhoun, Charleston, Colleton, Dorchester, Hampton, Orangeburg, and Jasper."
Small game seasons
SECTION 2. Section 50-11-120 of the 1976 Code, as last amended by Act 261 of 2004, is further amended to read:
"Section 50-11-120. (A) Except as otherwise specified, the season for hunting and taking small game is Thanksgiving Day through March 1.
(1) Game Zone 1:
(a) rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day, with dogs only, day and night, and no rabbits may be taken;
(b) squirrel: October 1 through March 1, with weapons and dogs; March 2 through September 30, with dogs only, and no squirrels may be taken;
(c) fox: year round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) raccoon and opossum: October 15 through March 1, with weapons and dogs; March 2 through October 14, with dogs only, and no raccoon or opossum may be taken;
(e) quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving, with dogs only, and no quail may be taken;
(f) grouse: Thanksgiving Day through March 1;
(g) beaver: year round.
(2) Game Zone 2:
(a) rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day with dogs only, day and night, and no rabbits may be taken;
(b) squirrel: October 1 through March 1, with weapons and dogs; March 2 through September 30, with dogs only, and no squirrels may be taken;
(c) fox: year round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) raccoon and opossum: October 15 through March 1, with weapons and dogs; March 2 through October 14, with dogs only, and no raccoon or opossum may be taken;
(e) quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving, with dogs only, and no quail may be taken;
(f) beaver: year round.
(3) Game Zone 3:
(a) rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day, with dogs only, day and night, and no rabbits may be taken;
(b) squirrel: October 1 through March 1, with weapons and dogs; March 2 through September 30, with dogs only, and no squirrels may be taken;
(c) fox: year round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) raccoon and opossum: September 15 through March 15, with weapons and dogs; March 16 through September 14, with dogs only, and no raccoon or opossum may be taken;
(e) quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving, with dogs only, and no quail may be taken;
(f) beaver: year round.
(4) Game Zone 4:
(a) rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day, with dogs only, day and night, and no rabbits may be taken;
(b) squirrel: October 1 through March 1, with weapons and dogs; March 2 through September 30, with dogs only, and no squirrels may be taken;
(c) fox: year round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) raccoon and opossum: September 15 through March 15, with weapons and dogs; March 16 through September 14, with dogs only, and no raccoon or opossum may be taken;
(e) quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving Day, with dogs only, and no quail may be taken;
(f) beaver: year round.
(5) Game Zone 5:
(a) rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day, with dogs only, day and night, and no rabbits may be taken;
(b) squirrel: October 1 through March 1, with weapons and dogs; March 2 through September 30, with dogs only, and no squirrels may be taken;
(c) fox: year round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) raccoon and opossum: September 15 through March 15, with weapons and dogs; March 16 through September 14, with dogs only, and no raccoon or opossum may be taken;
(e) quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving, with dogs only, and no quail may be taken;
(f) beaver: year round.
(6) Game Zone 6:
(a) rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day, with dogs only, day and night, and no rabbits may be taken;
(b) squirrel: October 1 through March 1, with weapons and dogs; March 2 through September 30, with dogs only, and no squirrels may be taken;
(c) fox: year round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) raccoon and opossum: September 15 through March 15, with weapons and dogs; March 16 through September 14, with dogs only, and no raccoon or opossum may be taken;
(e) quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving, with dogs only, and no quail may be taken;
(f) beaver: year round.
(B) The season dates in this section are inclusive except as otherwise provided. Unless otherwise specified during the small game seasons when weapons are allowed, dogs also may be used.
(C) In all game zones it is lawful to run rabbits with dogs at any time during the year in enclosures but no rabbits may be taken.
(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. Where day time hunting only is allowed 'day' means the time between one hour before official sunrise of a day and one hour after official sunset of the same day."
Small game bag limits
SECTION 3. Section 50-11-150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-150. (A) For purposes of this section a 'day' means the twenty-four hours between one hour before sunrise one day and one hour before sunrise the following day. It is a measure of time for the purposes of setting a bag limit only. It is unlawful to exceed the small game bag limits as follows:
(1) Game Zone 1:
(a) rabbit: five per day;
(b) squirrel: ten per day;
(c) raccoon: three per party per day;
(d) quail: twelve per day;
(e) grouse: three per day.
(2) Game Zone 2:
(a) rabbit: five per day;
(b) squirrel: ten per day;
(c) raccoon: three per party per day;
(d) quail: twelve per day.
(3) Game Zone 3:
(a) rabbit: five per day;
(b) squirrel: ten per day;
(c) raccoon: no limit;
(d) quail: twelve per day.
(4) Game Zone 4:
(a) rabbit: five per day;
(b) squirrel: ten per day;
(c) raccoon: three per party per day;
(d) quail: twelve per day.
(5) Game Zone 5:
(a) rabbit: five per day;
(b) squirrel: ten per day;
(c) raccoon: three per party per day;
(d) quail: twelve per day.
(6) Game Zone 6:
(a) rabbit: five per day;
(b) squirrel: ten per day;
(c) raccoon: no limit;
(d) quail: twelve per day.
(B) Except as provided in this section, there is no limit on small game animals."
Open season for antlered deer
SECTION 4. Section 50-11-310 of the 1976 Code, as last amended by Act 32 of 2003, is further amended to read:
"Section 50-11-310. (A) The open season for taking antlered deer is:
(1) In Game Zone 1: October 1 through October 10, with primitive weapons only; October 11 through October 16, and October 31 through January 1, with archery equipment and firearms.
(2) In Game Zone 2: September 15 through September 30, with archery equipment only, October 1 through October 10, with primitive weapons only; October 11 through January 1, with archery equipment and firearms.
(3) In Game Zone 3: August 15 through January 1, with archery equipment and firearms.
(4) In Game Zone 4: September 1 through September 14, with archery equipment and September 15 through January 1, with archery equipment and firearms.
(5) In Game Zone 5:  August 15 through August 31, with archery equipment and September 1 through January 1, with archery equipment and firearms.
(6) In Game Zone 6: August 15 through January 1, with archery equipment and firearms.
(B) In Game Zones 1 and 2, and on WMA lands, 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.
(C) It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer."
Bag limits for antlered deer
SECTION 5. Section 50-11-335 of the 1976 Code, as last amended by Act 348 of 1994, is further amended to read:
"Section 50-11-335. The bag limit on antlered deer is:
(1) Game Zones 1 and 2: as set by the department;
(2) Game Zones 4 and 5: not more than five for all seasons combined;
(3) Game Zones 3 and 6: no daily or season limit.
Each animal over the limit is a separate offense."
Game zone references deleted
SECTION 6. Section 50-11-350 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-350. 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 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."
Wild turkey season
SECTION 7. Section 50-11-520 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-520. The season for hunting and taking male wild turkeys (gobblers) in Game Zone 6 is March 15 through May 1 inclusive; in all other game zones the season for hunting and taking male wild turkeys (gobblers) is April 1 through May 1 inclusive. The department may make special studies in all game zones of this State and, after such studies the department may declare open or closed seasons of such duration as it considers advisable for the taking of turkeys. The department may declare an open season in any of the game zones and on WMA lands by promulgating regulations in accordance with the Administrative Procedures Act to establish the dates, places, and bag limits and may set the season and other conditions for hunting and taking wild turkeys on WMA lands."
Artificial lights; penalties
SECTION 8. Section 50-11-708 of the 1976 Code, as added by Act 266 of 1998, is amended to read:
"Section 50-11-708. (A) In all game zones the use of artificial lights 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 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 department and the landowner 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."
Marking of waters
SECTION 9. A. Section 50-21-710 of the 1976 Code, as last amended by Act 124 of 1999, is further amended to read:
"Section 50-21-710. (A) As used in this section:
(1) 'Aids to navigation' means any device designed or intended to assist a navigator to determine his position or safe course or to warn him of danger or obstructions to navigation.
(2) 'Regulatory markers' means any device which indicates to a vessel operator the existence of dangerous areas as well as those which are intended to restrict or control, such as speed zones and areas dedicated to a particular use or to provide general information and directions. This includes bathing markers, speed zone markers, information markers, danger zone markers, boat keep out areas, mooring buoys, wharves, docks, obstructions or hazards to navigation, and any activity, object, or construction in the waters of the State.
(B) The department may promulgate regulations for the uniform marking of the waters of the State and may regulate the operation of all vessels, watercraft, and water devices through the placement of aids to navigation and regulatory markers. The regulations shall establish a marking system compatible with the system of aids to navigation prescribed by the United States Coast Guard or its successor agency. No city, county, or person shall mark or obstruct the waters of this State in any manner so as to endanger the operation of watercraft or conflict with the marking system prescribed by the department.
(C) The operation of any vessel, watercraft, or water device within a prohibited area is negligent operation unless the seriousness of the operation within a prohibited area constitutes reckless operation.
(D) It shall be unlawful for a person to operate a vessel, watercraft, or water device on the waters of this State in a manner other than that prescribed or permitted by regulatory markers.
(E) No person may moor or fasten a vessel, watercraft, or water device to or wilfully damage, tamper, remove, obstruct, or interfere with any aid to navigation or regulatory marker established pursuant to this chapter.
(F) A person who violates a provision of this section or regulation promulgated pursuant to this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in this chapter."
B. This section takes effect upon approval by the Governor.
Repeal
SECTION 10. Sections 50-11-90, 50-11-555, 50-11-560, 50-11-700, 50-11-703, 50-11-704, 50-11-705, 50-11-706, and 50-13-360 of the 1976 Code are repealed.
Time effective
SECTION 11. This act takes effect July 1, 2007.
Ratified the 18th day of May, 2006.
Approved the 23rd day of May, 2006.
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