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S*691 Session 117 (2007-2008)
S*0691(Rat #0343, Act #0286 of 2008) General Bill, By Gregory
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
50-11-300 SO AS TO DESIGNATE WHICH SPECIES CONSTITUTE BIG GAME; TO AMEND
SECTION 50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER, SO AS
TO PROVIDE BAG LIMITS FOR GAME ZONES 1 AND 2; TO AMEND SECTION 50-11-520, AS
AMENDED, RELATING TO WILD TURKEY SEASON, SO AS TO PROVIDE THE DEPARTMENT OF
NATURAL RESOURCES MAY DECLARE CERTAIN OTHER OPEN OR CLOSED SEASONS; TO AMEND
SECTION 50-11-565, AS AMENDED, RELATING TO CERTAIN DEFINITIONS, SO AS TO
CHANGE THE DEFINITION OF ARCHERY EQUIPMENT; TO AMEND SECTION 50-11-708, AS
AMENDED, RELATING TO USE OF ARTIFICIAL LIGHTS, SO AS TO PROVIDE CERTAIN
EXEMPTIONS; TO AMEND SECTION 50-13-385, AS AMENDED, RELATING TO MINIMUM SIZE
FOR LARGEMOUTH BASS IN CERTAIN LAKES, INCLUDING LAKE WYLIE, SO AS TO REMOVE
LANGUAGE SPECIFYING THAT THE SECTION ONLY APPLIES TO PORTIONS OF LAKE WYLIE
LOCATED IN YORK COUNTY; TO AMEND SECTION 50-21-125, AS AMENDED, RELATING TO
RESTRICTIONS ON SWIMMING NEAR PUBLIC BOAT LANDINGS, SO AS TO DELETE
REQUIREMENTS ON SIGNAGE REQUIREMENTS IMPOSED ON THE DEPARTMENT; BY ADDING
SECTION 50-11-515 SO AS TO PROVIDE CERTAIN AMERICAN INDIAN ARTISTS MAY USE
WILD TURKEY FEATHERS IN CERTAIN ARTS AND CRAFTS; TO AMEND SECTION 50-11-310,
AS AMENDED, RELATING TO OPEN SEASON ON ANTLERED DEER, SO AS TO PROVIDE THE
DEPARTMENT MAY PROMULGATE REGULATIONS ON WMA LANDS TO ESTABLISH METHODS FOR
HUNTING AND TAKING DEER, AND TO DEFINE PRIMITIVE WEAPONS; TO AMEND SECTION
50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER, SO AS TO
PROVIDE LIMITS ON GAME ZONES 1, 2, 3, 4, 5, AND 6; AND TO REPEAL SECTIONS
50-3-360 RELATING TO ADDITIONAL DEPUTY ENFORCEMENT OFFICERS FOR GAME ZONE 2,
50-11-30 RELATING TO EXTENSION OF HUNTING SEASON WHEN SEASON OPENS OR CLOSES
ON SUNDAY, 50-11-170 RELATING TO PENALTIES FOR BUYING, SELLING, OR DISPLAYING
FOR SALE CARCASSES OR PARTS OF WILD RABBITS IN GAME ZONES 2 AND 4, 50-11-550
RELATING TO UNLAWFULNESS OF DISCHARGING A WEAPON OTHER THAN A SHOTGUN DURING
CERTAIN TIMES OF YEAR IN CERTAIN AREAS OF THE CATAWBA RIVER AND INDIA HOOK
DAM, 50-13-20 RELATING TO LAWFUL METHODS OF CATCHING FISH IN CERTAIN LAKES AND
BOYD'S MILL POND IN GAME ZONE 2, 50-13-90 RELATING TO CLOSED SEASON ON TROUT,
50-13-980 RELATING TO THE PRESUMPTION FROM POSSESSION OF FISH IN EXCESS OF
LEGAL LIMITS, 50-13-1010 RELATING TO APPLICATION OF ARTICLE TO CERTAIN BOTTOM
FISHING, 50-13-1020 RELATING TO CERTAIN PENALTIES FOR VIOLATIONS, 50-19-2220
RELATING TO FISHING REGULATIONS FOR CERTAIN WATERS OF THE SAVANNAH RIVER,
50-19-2230 RELATING TO AMENDMENTS AND ADDITIONS TO FISHING REGULATIONS, AND
50-19-3010 RELATING TO LAWFUL METHODS OF CATCHING FISH IN FAIRFOREST CREEK IN
UNION AND SPARTANBURG COUNTIES. - ratified title
04/19/07 Senate Introduced and read first time SJ-4
04/19/07 Senate Referred to Committee on Fish, Game and Forestry SJ-4
04/26/07 Senate Committee report: Favorable with amendment Fish,
Game and Forestry SJ-6
04/27/07 Scrivener's error corrected
05/17/07 Senate Committee Amendment Amended and Adopted SJ-14
05/17/07 Senate Amended SJ-14
05/17/07 Senate Read second time SJ-14
05/17/07 Scrivener's error corrected
05/21/07 Scrivener's error corrected
05/22/07 Senate Read third time and sent to House
05/23/07 House Introduced and read first time HJ-15
05/23/07 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-16
05/21/08 House Committee report: Favorable with amendment
Agriculture, Natural Resources and Environmental
Affairs HJ-8
05/22/08 Scrivener's error corrected
05/27/08 House Requests for debate-Rep(s). Simrill, Cobb-Hunter,
EH Pitts, Bedingfield, Duncan, Toole, Frye, Ott,
Jefferson, Knight, Clyburn, Hosey, Umphlett,
Hayes, Sellers, Witherspoon, MA Pitts, Vick,
Loftis, Breeland, and Mahaffey HJ-23
05/28/08 House Requests for debate removed-Rep(s). Duncan,
Sellers, EH Pitts, MA Pitts, Ott, Hayes,
Bedingfield, Jefferson, Umphlett, Toole,
Cobb-Hunter, Clyburn, Loftis, Simrill,
Witherspoon, Mahaffey, and Hosey HJ-176
05/28/08 House Amended HJ-180
05/28/08 House Read second time HJ-184
05/29/08 House Read third time and returned to Senate with
amendments HJ-12
05/29/08 Senate Non-concurrence in House amendment SJ-178
06/03/08 House House insists upon amendment and conference
committee appointed Reps. MA Pitts, Frye, and
Lowe HJ-6
06/03/08 Senate Reconsider non-concurrence in House amendment SJ-47
06/03/08 Senate Concurred in House amendment and enrolled SJ-47
06/05/08 Ratified R 343
06/11/08 Signed By Governor
06/18/08 Copies available
06/18/08 Effective date 06/11/08
06/19/08 Act No. 286
VERSIONS OF THIS BILL
4/19/2007 4/26/2007 4/27/2007 5/17/2007 5/17/2007-A 5/21/2007 5/21/2008 5/22/2008 5/28/2008 (A286, R343, S691) AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-300 SO AS TO DESIGNATE WHICH SPECIES CONSTITUTE BIG GAME; TO AMEND SECTION 50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER, SO AS TO PROVIDE BAG LIMITS FOR GAME ZONES 1 AND 2; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO WILD TURKEY SEASON, SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES MAY DECLARE CERTAIN OTHER OPEN OR CLOSED SEASONS; TO AMEND SECTION 50-11-565, AS AMENDED, RELATING TO CERTAIN DEFINITIONS, SO AS TO CHANGE THE DEFINITION OF ARCHERY EQUIPMENT; TO AMEND SECTION 50-11-708, AS AMENDED, RELATING TO USE OF ARTIFICIAL LIGHTS, SO AS TO PROVIDE CERTAIN EXEMPTIONS; TO AMEND SECTION 50-13-385, AS AMENDED, RELATING TO MINIMUM SIZE FOR LARGEMOUTH BASS IN CERTAIN LAKES, INCLUDING LAKE WYLIE, SO AS TO REMOVE LANGUAGE SPECIFYING THAT THE SECTION ONLY APPLIES TO PORTIONS OF LAKE WYLIE LOCATED IN YORK COUNTY; TO AMEND SECTION 50-21-125, AS AMENDED, RELATING TO RESTRICTIONS ON SWIMMING NEAR PUBLIC BOAT LANDINGS, SO AS TO DELETE REQUIREMENTS ON SIGNAGE REQUIREMENTS IMPOSED ON THE DEPARTMENT; BY ADDING SECTION 50-11-515 SO AS TO PROVIDE CERTAIN AMERICAN INDIAN ARTISTS MAY USE WILD TURKEY FEATHERS IN CERTAIN ARTS AND CRAFTS; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON ON ANTLERED DEER, SO AS TO PROVIDE THE DEPARTMENT MAY PROMULGATE REGULATIONS ON WMA LANDS TO ESTABLISH METHODS FOR HUNTING AND TAKING DEER, AND TO DEFINE PRIMITIVE WEAPONS; TO AMEND SECTION 50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER, SO AS TO PROVIDE LIMITS ON GAME ZONES 1, 2, 3, 4, 5, AND 6; AND TO REPEAL SECTIONS 50-3-360 RELATING TO ADDITIONAL DEPUTY ENFORCEMENT OFFICERS FOR GAME ZONE 2, 50-11-30 RELATING TO EXTENSION OF HUNTING SEASON WHEN SEASON OPENS OR CLOSES ON SUNDAY, 50-11-170 RELATING TO PENALTIES FOR BUYING, SELLING, OR DISPLAYING FOR SALE CARCASSES OR PARTS OF WILD RABBITS IN GAME ZONES 2 AND 4, 50-11-550 RELATING TO UNLAWFULNESS OF DISCHARGING A WEAPON OTHER THAN A SHOTGUN DURING CERTAIN TIMES OF YEAR IN CERTAIN AREAS OF THE CATAWBA RIVER AND INDIA HOOK DAM, 50-13-20 RELATING TO LAWFUL METHODS OF CATCHING FISH IN CERTAIN LAKES AND BOYD'S MILL POND IN GAME ZONE 2, 50-13-90 RELATING TO CLOSED SEASON ON TROUT, 50-13-980 RELATING TO THE PRESUMPTION FROM POSSESSION OF FISH IN EXCESS OF LEGAL LIMITS, 50-13-1010 RELATING TO APPLICATION OF ARTICLE TO CERTAIN BOTTOM FISHING, 50-13-1020 RELATING TO CERTAIN PENALTIES FOR VIOLATIONS, 50-19-2220 RELATING TO FISHING REGULATIONS FOR CERTAIN WATERS OF THE SAVANNAH RIVER, 50-19-2230 RELATING TO AMENDMENTS AND ADDITIONS TO FISHING REGULATIONS, AND 50-19-3010 RELATING TO LAWFUL METHODS OF CATCHING FISH IN FAIRFOREST CREEK IN UNION AND SPARTANBURG COUNTIES. Be it enacted by the General Assembly of the State of South Carolina: Species constituting big game SECTION 1. Chapter 11, Title 50 of the 1976 Code is amended by adding: "Section 50-11-300. The following species constitute big game: white tailed deer, wild turkey, and black bear." Bag limits on antlered deer SECTION 2. Section 50-11-335(1) of the 1976 Code, as last amended by Act 175 of 2008, is further amended to read: "(1) Game Zones 1 and 2: daily not more than two or annually not more than five for all seasons combined;" Study of game zones restocked with wild turkeys SECTION 3. Section 50-11-520 of the 1976 Code is amended to read: "Section 50-11-520. The season for hunting and taking a male wild turkey (gobbler) in Game Zone 6 is March 15 through May 1 inclusive; in other game zones the season for hunting and taking a male wild turkey (gobbler) is April 1 through May 1 inclusive. The department may make a special study, in a game zone of this State, and after such a study the department may declare other 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." Use of crossbows SECTION 4. Section 50-11-565 of the 1976 Code is amended to read: "Section 50-11-565. As used in this chapter, archery equipment means a bow and arrow, a long bow, a recurve bow, a compound bow, or a crossbow." Use of artificial lights SECTION 5. Section 50-11-708 of the 1976 Code is amended to read: (A) In all game zones, the use of artificial lights for the purpose of observing or harassing wildlife is unlawful, except that a property owner, lessee, or person with written permission from the property owner may use artificial lights to observe wildlife prior to 11:00 p.m. This section does not prohibit an owner of real property from using artificial lights for the purpose of protecting the property. This section does not prohibit the use of remote trail monitors or cameras from fixed locations on a property, nor does it prohibit a person or group, with written permission of the landowner or leaseholder of the property, from observing wildlife with the use of artificial lights who is engaged in research or documentary filming. (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." Minimum size of largemouth bass SECTION 6. Section 50-13-385 of the 1976 Code is amended to read: "Section 50-13-385. It is unlawful to take or possess largemouth bass less than twelve inches in length in Lake Marion, Lake Moultrie, and Lake Wylie. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined an amount not to exceed one hundred dollars or imprisoned for a term not to exceed thirty days." Restrictions on swimming near public boat landing SECTION 7. Section 50-21-125 of the 1976 Code is amended to read: "Section 50-21-125. It is unlawful for a person to swim within fifty feet of a public boat landing or ramp located on a lake or reservoir constructed or developed by an investor-owned utility for hydroelectric generation. For purposes of this section, a public boat landing or ramp is one owned or maintained by an investor-owned utility for hydroelectric generation and is available to the public at large. The area where swimming is prohibited must be clearly marked and signs must be posted to give public notice that no swimming is allowed in the area. Watercraft must slow to no wake speed when operated within two hundred feet of the landing or ramp." Use of wild turkey feathers in art SECTION 8. Chapter 11, Title 50 of the 1976 Code is amended by adding: "Section 50-11-515. (A) An American Indian artist, who is a member of a tribe recognized by (1) Public Law 101-644, the Indian Arts and Crafts Board Act, and (2) the state's Commission on Minority Affairs pursuant to Section 1-31-40, may use wild turkey feathers in arts and crafts that are offered for sale and sold to the general public if the artist has on his person a tribal identification card demonstrating his authorization pursuant to the Indian Arts and Crafts Board Act. (B) This section does not authorize the sale of other parts of wild turkeys, whether taken lawfully or unlawfully, including, but not limited to, capes, beards, and fans." Open season for antlered deer SECTION 9. Section 50-11-310 of the 1976 Code is 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 (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:
(6) In Game Zone 6: (B) In Game Zones 1 and 2, it is unlawful to pursue deer with dogs, and it is unlawful to bait for deer. (C) 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. (D) It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer. (E) For special primitive weapons seasons, primitive weapons include bow and arrow, crossbows, muzzle-loading shotguns of twenty gauge or larger, and rifles of .36 caliber or larger with open or peep sights or scopes, which use black powder or a black powder substitute that does not contain nitro-cellulose or nitro-glycerin components as the propellant charge. There are no restrictions on ignition systems including flintstone, percussion cap, shotgun primer, disk, or electronic. During primitive weapons seasons, no revolving rifles are permitted." Bag limits on antlered deer SECTION 10. Section 50-11-335(2) of the 1976 Code, as last amended by Act 175 of 2008, is further amended to read: "(2) Game Zones 3, 4, 5, and 6: no daily or season limit. Each animal over the limit is a separate offense." Sections repealed SECTION 11. Sections 50-3-360, 50-11-30, 50-11-170, 50-11-550, 50-13-20, 50-13-90, 50-13-980, 50-13-1010, 50-13-1020, 50-19-2220, 50-19-2230, and 50-19-3010 of the 1976 Code are repealed. Savings clause SECTION 12. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. Severability clause SECTION 13. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. Time effective SECTION 14. This act takes effect upon approval by the Governor. Ratified the 5th day of June, 2008. Approved the 11th day of June, 2008.
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