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S*168
Session 115 (2003-2004)


S*0168(Rat #0029, Act #0011 of 2003)  General Bill, By Gregory
 AN ACT TO AMEND SECTION 50-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY AND PROHIBITIONS
 CONCERNING THE HUNTING OF WATERFOWL, SO AS TO REVISE PROVISIONS PERTAINING TO
 THE HUNTING OF MIGRATORY BIRDS AND WATERFOWL AND PROVIDE PENALTIES FOR
 VIOLATIONS OF THIS SECTION. - ratified title

   01/08/03  Senate Prefiled
   01/08/03  Senate Referred to Committee on Fish, Game and Forestry
   01/14/03  Senate Introduced and read first time SJ-90
   01/14/03  Senate Referred to Committee on Fish, Game and Forestry SJ-90
   02/05/03  Senate Committee report: Favorable Fish, Game and
                     Forestry SJ-17
   02/06/03         Scrivener's error corrected
   02/12/03  Senate Read second time SJ-19
   02/18/03  Senate Read third time and sent to House SJ-14
   02/19/03  House  Introduced and read first time HJ-12
   02/19/03  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-12
   03/19/03  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-11
   03/25/03  House  Amended HJ-32
   03/25/03  House  Read second time HJ-33
   03/26/03  House  Read third time and returned to Senate with
                     amendments HJ-18
   03/26/03  Senate Concurred in House amendment and enrolled SJ-38
   04/16/03         Ratified R 29
   04/23/03         Became law without Governor's signature
   05/01/03         Copies available
   05/01/03         Effective date 04/23/03
   05/12/03         Act No. 11





S. 168

(A11, R29, S168)

AN ACT TO AMEND SECTION 50-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY AND PROHIBITIONS CONCERNING THE HUNTING OF WATERFOWL, SO AS TO REVISE PROVISIONS PERTAINING TO THE HUNTING OF MIGRATORY BIRDS AND WATERFOWL AND PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

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

Hunting migratory birds consistent with federal law; prohibitions; penalties

SECTION    1.    Section 50-11-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-10.    (A)    The Federal Migratory Bird Treaty Act and its implementing regulations are the law of this State. However, the board annually may set seasons, bag limits, and methods for hunting and taking migratory birds consistent with federal law. A violation of the Migratory Bird Treaty Act or its implementing regulations or a violation of regulations set by the board is a misdemeanor.

(B)    In addition, it is unlawful to:

(1)    trespass while hunting waterfowl;

(2)    take or attempt to take waterfowl over bait;

(3)    take or attempt to take waterfowl more than fifteen minutes before or after regularly designated hunting hours;

(4)    possess more than one waterfowl over the legal limit;

(5)    hunt waterfowl out of season.

(C)    A person who violates a provision of subsection (A), with the exception of those provisions specified in subsection (B), is guilty of a misdemeanor and, upon convictionNext, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned not more than thirty days for each offense. A person who violates a provision of subsection (B) is guilty of a misdemeanor and, upon Previousconviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days for each offense."

Time effective

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

Ratified the 16th day of April, 2003.

Became law without the signature of the Governor -- 4/23/03.

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