South Carolina Legislature


 

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S*1359
Session 113 (1999-2000)


S*1359(Rat #0381, Act #0374 of 2000)  General Bill, By Land

Similar(H 4678) A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-31 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON THE PORTIONS OF LAKE MARION KNOWN AS POTATO CREEK OR WYBOO CREEK WITHIN TWO HUNDRED YARDS OF A DWELLING OR MARINA WITHOUT WRITTEN PERMISSION OF THE OWNER OR OCCUPANT, TO PROHIBIT BAITING IN THESE PORTIONS OF LAKE MARION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.-AMENDED TITLE 04/25/00 Senate Introduced, read first time, placed on calendar without reference SJ-21 04/25/00 Senate Unanimous consent for second reading on next legislative day SJ-21 04/25/00 Senate Unanimous consent for third reading on next legislative day SJ-21 04/26/00 Senate Read second time SJ-40 04/27/00 Senate Read third time and sent to House SJ-12 05/02/00 House Introduced and read first time HJ-138 05/02/00 House Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ-139 05/17/00 House Committee report: Favorable with amendment Agriculture, Natural Resources and Environmental Affairs HJ-8 05/23/00 House Amended HJ-66 05/23/00 House Read second time HJ-67 05/24/00 House Read third time and returned to Senate with amendments HJ-10 05/25/00 Senate Concurred in House amendment and enrolled SJ-37 05/31/00 Ratified R 381 06/06/00 Signed By Governor 07/07/00 Effective date 06/06/00 07/07/00 Copies available 07/07/00 Act No. 374




(A374, R381, S1359)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-31 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON THE PORTIONS OF LAKE MARION KNOWN AS POTATO CREEK OR WYBOO CREEK WITHIN TWO HUNDRED YARDS OF A DWELLING OR MARINA WITHOUT WRITTEN PERMISSION OF THE OWNER OR OCCUPANT, TO PROHIBIT BAITING IN THESE PORTIONS OF LAKE MARION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Hunting near dwelling or marina on Potato and Wyboo Creeks prohibited; baiting prohibited; penalties

SECTION 1. The 1976 Code is amended by adding:

"Section 50-11-31. (A) For purposes of this section:

(1) 'Potato Creek' is the area lying east of Highway S-14-260 westward to the mouth of Potato Creek and the property controlled by Camp Bob Cooper 4-H Camp.

(2) 'Wyboo Creek' is the area lying northward from a line connecting Green Island and Eagle Point on Lake Marion to Highway 260. This area will include the areas known as White Oak Slough, Air Port Slough, and Birch Branch.

(3) 'Bait' means shelled, shucked, or unshucked corn; wheat or grain; salt; or other feed that would constitute a lure, attraction, enticement, or bait to waterfowl.

(4) 'To bait' or 'baiting' means placing, exposing, depositing, distributing, or scattering bait.

(5) 'A dwelling' is a house or other structure in which a person or persons live; a residence; abode; occupied by a family as a place of residence, or a structure used as place of habitation.

(B) It is unlawful to hunt migratory waterfowl on Potato Creek or Wyboo Creek, as defined for purposes of this section, within two hundred yards of a dwelling or marina without written permission of the owner or occupant.

(C) From November first to February first of the following year, it is unlawful to bait, assist in, or cause to be baited any of the waters of Potato Creek and Wyboo Creek below the lakefront property line defined as the 76.8 marker. However, nothing in this section makes it unlawful to casually feed foodstuffs to waterfowl or to fill and use bird and other wildlife feeders above the 76.8 marker.

(D) A person who violates subsection (B) is guilty of a misdemeanor and, upon convictionNext, must be fined not more than five hundred dollars or imprisoned not more than thirty days.

(E) A person who violates subsection (C) is guilty of a misdemeanor and, upon Previousconviction, must be fined not more than one hundred dollars."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 31st day of May, 2000.

Approved the 6th day of June, 2000.

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