H 3290 Session 112 (1997-1998)
H 3290 General Bill, By Witherspoon
Similar(S 266)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
50-9-91 SO AS TO MAKE IT UNLAWFUL TO HUNT, FISH, OR OPERATE A BOAT WHILE
PRIVILEGES FOR THIS ACTIVITY HAVE BEEN SUSPENDED AND TO PROVIDE PENALTIES FOR
VIOLATIONS; TO AMEND SECTION 50-9-510, RELATING TO HUNTING AND FISHING
LICENSES, SO AS TO INCREASE THE FEES FOR CERTAIN LICENSES, TO PROVIDE A PERSON
WHO IS SIXTY-FIVE YEARS OF AGE WHO IS LICENSED TO HUNT AND FISH ON JULY 1,
1997, PURSUANT TO CERTAIN LICENSES SHALL CONTINUE TO EXERCISE THOSE PRIVILEGES
AFTER JULY 1, 1997, TO PROVIDE A PERSON WHO IS CERTIFIED AS DISABLED AND
LICENSED TO HUNT OR FISH PRIOR TO JULY 1, 1997, WILL CONTINUE TO BE QUALIFIED
AS A DISABILITY LICENSEE UPON RECERTIFICATION, AND PROVIDE THAT A RESIDENT WHO
IS SEVENTY-THREE YEARS OF AGE OR OLDER MAY OBTAIN A STATEWIDE LIFETIME HUNTING
AND FISHING LICENSE AT NO COST; TO AMEND SECTION 50-9-540, AS AMENDED,
RELATING TO THE PURCHASE OF A STATEWIDE FISHING LICENSE, SO AS TO ALLOW A
PERSON TO PURCHASE A LICENSE FOR THREE DOLLARS TO FISH THROUGHOUT SOUTH
CAROLINA IN STREAMS, LAKES, RIVERS, AND RESERVOIRS WITH NONMANUFACTURED TACKLE
AND NATURAL BAIT ONLY, TO PROVIDE A PERSON WHO IS AT LEAST SIXTY-FIVE YEARS
OLD MAY PURCHASE A LIFETIME STATEWIDE STREAMS, LAKES, RIVERS, AND RESERVOIRS
FISHING LICENSE FOR THREE DOLLARS, AND TO PROVIDE CRIMINAL PENALTIES FOR
VIOLATIONS; TO AMEND SECTION 50-9-550, AS AMENDED, RELATING TO AREAS IN THIS
STATE WHERE IT IS UNLAWFUL TO FISH WITH NATURAL BAIT WITHOUT OBTAINING A
SPECIAL FRESHWATER PERMIT, SO AS TO PROVIDE FOR THE RECOGNITION OF CERTAIN
RECIPROCAL FISHING AGREEMENTS WITH THE STATE OF GEORGIA; TO AMEND SECTION
50-9-710, AS AMENDED, RELATING TO CHILDREN UNDER SIXTEEN YEARS OF AGE NOT
REQUIRED TO PROCURE OR POSSESS A HUNTING AND FISHING LICENSE UNDER CERTAIN
CONDITIONS, SO AS TO PROVIDE THAT A FISHING LICENSE IS NOT REQUIRED TO USE
NONMANUFACTURED TACKLE OR NATURAL BAIT IN SPECIFIED FRESH WATERS OF THIS
STATE, AND TO ADD SECTION 50-11-2205 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO
HUNT, FISH, OR USE AN
01/23/97 House Introduced and read first time HJ-3
01/23/97 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-4
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 50-9-91 SO AS TO MAKE IT
UNLAWFUL TO HUNT, FISH, OR OPERATE A BOAT WHILE
PRIVILEGES FOR THIS ACTIVITY HAVE BEEN SUSPENDED
AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO
AMEND SECTION 50-9-510, RELATING TO HUNTING AND
FISHING LICENSES, SO AS TO INCREASE THE FEES FOR
CERTAIN LICENSES, TO PROVIDE A PERSON WHO IS
SIXTY-FIVE YEARS OF AGE WHO IS LICENSED TO HUNT
AND FISH ON JULY 1, 1997, PURSUANT TO CERTAIN
LICENSES SHALL CONTINUE TO EXERCISE THOSE
PRIVILEGES AFTER JULY 1, 1997, TO PROVIDE A PERSON
WHO IS CERTIFIED AS DISABLED AND LICENSED TO HUNT
OR FISH PRIOR TO JULY 1, 1997, WILL CONTINUE TO BE
QUALIFIED AS A DISABILITY LICENSEE UPON
RECERTIFICATION, AND TO PROVIDE THAT A RESIDENT
WHO IS SEVENTY-THREE YEARS OF AGE OR OLDER MAY
OBTAIN A STATEWIDE LIFETIME HUNTING AND FISHING
LICENSE AT NO COST; TO AMEND SECTION 50-9-540, AS
AMENDED, RELATING TO THE PURCHASE OF A
STATEWIDE FISHING LICENSE, SO AS TO ALLOW A
PERSON TO PURCHASE A LICENSE FOR THREE DOLLARS
TO FISH THROUGHOUT SOUTH CAROLINA IN STREAMS,
LAKES, RIVERS, AND RESERVOIRS WITH
NONMANUFACTURED TACKLE AND NATURAL BAIT ONLY,
TO PROVIDE A PERSON WHO IS AT LEAST SIXTY-FIVE
YEARS OLD MAY PURCHASE A LIFETIME STATEWIDE
STREAMS, LAKES, RIVERS, AND RESERVOIRS FISHING
LICENSE FOR THREE DOLLARS, AND TO PROVIDE
CRIMINAL PENALTIES FOR VIOLATIONS; TO AMEND
SECTION 50-9-550, AS AMENDED, RELATING TO AREAS IN
THIS STATE WHERE IT IS UNLAWFUL TO FISH WITH
NATURAL BAIT WITHOUT OBTAINING A SPECIAL
FRESHWATER PERMIT, SO AS TO PROVIDE FOR THE
RECOGNITION OF CERTAIN RECIPROCAL FISHING
AGREEMENTS WITH THE STATE OF GEORGIA; TO AMEND
SECTION 50-9-710, AS AMENDED, RELATING TO CHILDREN
UNDER SIXTEEN YEARS OF AGE NOT REQUIRED TO
PROCURE OR POSSESS A HUNTING AND FISHING LICENSE
UNDER CERTAIN CONDITIONS, SO AS TO PROVIDE THAT
A FISHING LICENSE IS NOT REQUIRED TO USE
NONMANUFACTURED TACKLE OR NATURAL BAIT IN
SPECIFIED FRESH WATERS OF THIS STATE, AND TO ADD
SECTION 50-11-2205 SO AS TO PROVIDE THAT IT IS
UNLAWFUL TO HUNT, FISH, OR USE ANY WILDLIFE
MANAGEMENT AREA LAND OR SOUTH CAROLINA
DEPARTMENT OF NATURAL RESOURCES' PROPERTY
EXCEPT AS ALLOWED BY THE BOARD OF NATURAL
RESOURCES AND TO PROVIDE PENALTIES FOR
VIOLATIONS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 50-9-91. It is unlawful to hunt, fish, or operate a boat
while privileges for these activities have been suspended. Any
person violating the provisions of this section is guilty of a
misdemeanor and, upon conviction, must be fined not less than one
hundred nor more than five hundred dollars or imprisoned for not
more than thirty days. In addition, the suspension shall automatically
extend for an additional three years."
SECTION 2. Section 50-9-510 of the 1976 Code, as last amended
by Act 372 of 1996, is further amended to read:
"Section 50-9-510. The following licenses are authorized for sale
and, unless otherwise indicated, are for the privilege of hunting small
game only:
(1) For the privilege of hunting throughout South Carolina, a
resident of the State shall purchase an annual statewide license for
twelve dollars, of which one dollar may be retained by the issuing
agent.
(2) For the privilege of hunting only in the county in which the
applicant is a resident, a resident of the State shall purchase a county
hunting license for five dollars, of which one dollar may be retained
by the issuing agent. County licenses are only valid when issued to
residents of that county.
(3) For the privilege of hunting and fishing, including the privilege
of hunting big game throughout South Carolina, a resident of the
State shall purchase a combination fishing and hunting license for
seventeen twenty-two dollars, of which one dollar
may be retained by the issuing agent.
(4) For the privilege of hunting and fishing throughout South
Carolina, including the privileges of hunting big game and hunting
on wildlife management area land, a resident of the State shall
purchase a sportsman license for forty-four dollars, of which one
dollar may be retained by the issuing agent.
(5) For the privilege of hunting throughout South Carolina, a
resident of the State may obtain a lifetime statewide license from the
department's Columbia headquarters for three hundred dollars.
(6) For the privilege of hunting throughout South Carolina July
first through June thirtieth, a nonresident shall purchase an annual
statewide license for seventy-five dollars, of which two dollars may
be retained by the issuing agent.
(7) For the privilege of hunting throughout South Carolina during
the regular hunting season for any ten consecutive days, a
nonresident shall purchase a ten-day temporary license for fifty
dollars, of which two dollars may be retained by the issuing agent.
(8) For the privilege of hunting throughout South Carolina during
the regular hunting season for any three consecutive days, a
nonresident may purchase a statewide three-day temporary license for
twenty-five dollars, of which one dollar may be retained by the
issuing agent.
(9) For the privilege of hunting big game including deer, bear, and
turkey throughout South Carolina, a resident shall purchase a big
game permit in addition to the required resident hunter's license for
six dollars, of which one dollar may be retained by the issuing agent.
(10) For the privilege of hunting big game including deer, bear, and
turkey throughout South Carolina, a nonresident shall purchase a big
game permit in addition to the required nonresident hunter's license
for eighty ninety dollars, of which one dollar may be
retained by the issuing agent.
(11) For the privilege of hunting on wildlife management area lands
throughout South Carolina, a resident shall purchase a wildlife
management area permit in addition to the required resident hunter's
license for thirty dollars and fifty cents, of which one dollar may be
retained by the issuing agent.
(12) For the privilege of hunting on wildlife management area lands
throughout South Carolina, a nonresident shall purchase a wildlife
management area permit in addition to the required nonresident
hunter's license for seventy-six dollars, of which one dollar may be
retained by the issuing agent.
(13) The department may issue resident wildlife management area
permits from the Columbia office for five dollars and fifty cents, each
of which are valid only for department-specified events.
(14) For the privilege of hunting and fishing throughout South
Carolina, including the privilege of hunting big game and hunting on
wildlife management area lands, a resident who is at least sixteen
years of age but who has not reached his eighteenth year may
purchase a junior sportsman's license for sixteen dollars, of which
one dollar may be retained by the issuing agent. This license must be
countersigned by the parent or guardian as certification of the age and
residence of the individual.
(15) A resident of South Carolina who has attained the age of
sixty-five years may obtain a statewide lifetime hunting and fishing
license at no cost for nine dollars from the
department. This license includes the privilege of hunting big game,
hunting on wildlife management area lands, and state migratory
waterfowl and of saltwater fishing.
(16) A person who has been a domiciled resident of South Carolina
for at least one year and who is determined to be totally disabled
under a program for Social Security, federal civil service, the South
Carolina State Retirement System, the Railroad Retirement Board,
the Veterans Administration United States Department of
Veterans Affairs, or Medicaid assistance may obtain a statewide
fishing and hunting license at no cost for nine
dollars. This license includes the privilege of hunting big game,
hunting on wildlife management area lands, and state migratory
waterfowl and of saltwater fishing. It must be issued by the
department from its Columbia office only and is valid for three years.
Disability recertification is required for renewal, provided that any
person with quadriplegia or paraplegia who is certified as totally
disabled will not have to obtain a disability recertification. To
recertify, applicant must furnish proof, in the manner determined by
the department, that he or she is currently receiving disability
benefits.
(17) For the privilege of hunting on licensed shooting preserves, a
person may purchase a statewide shooting preserve license for
specified released species only for not more than eight dollars and
fifty cents in lieu of a hunting license.
(18) Persons certified as disabled before July 1, 1996, and who
are licensed to hunt or fish pursuant to that disability before July 1,
1996, upon recertification as required herein, may continue to
exercise privileges of a disability licensee as provided herein at no
cost. Persons certified as disabled and who are licensed to
hunt or fish pursuant to that disability prior to July 1, 1997, upon
recertification as required herein, shall continue to exercise privileges
of a disability licensee as provided herein.
(19) On July 1, 1997, persons over sixty-five years of age
licensed to hunt or fish pursuant to the provisions of Section
50-9-840 in effect on June 30, 1996, shall continue to exercise those
privileges after July 1, 1997.
(20) A resident of South Carolina who has attained the age of
seventy-three years may obtain a statewide lifetime hunting and
fishing license at no cost from the department. This license includes
the privilege of hunting big game, hunting on Wildlife Management
Area lands and state migratory waterfowl and of saltwater
fishing."
SECTION 3. Section 50-9-550 of the 1976 Code, as last amended
by Act 372 of 1996, is further amended to read:
"Section 50-9-550. It is unlawful for any resident of the State to
fish in any of the waters of this State described in this section with
nonmanufactured tackle or natural bait unless he has first obtained a
special 'reservoirs, lakes, and streams freshwater permit'. No person
licensed under the provisions of Sections 50-9-510(3), 50-9-510(4),
or 50-9-540(A) is required to purchase a permit.
The permits must be obtained from the department at a fee of three
dollars. One dollar of the fee must be retained by the agent issuing
the permit and the remaining portion of the proceeds of the sale of the
permit must be remitted to the department and held in a separate fund
for use in the protection and propagation of game and other fish
within the waters described in this section in the counties adjacent to
them. The provisions of this section apply to the following bodies of
water within this State:
(1) the waters or backwaters of the Catawba and Wateree Rivers
within Chester, Fairfield, Kershaw, and Lancaster Counties, except
waters lying more than one hundred yards south of the Wateree Dam
in Kershaw County;
(2) Lake Marion;
(3) Lake Moultrie, the Diversion Canal, and the Tail Canal;
(4) Lake Murray;
(5) all of the waters of the Savannah River between the Stevens
Creek Dam and the highway bridge between Calhoun Falls, South
Carolina, and Elberton, Georgia, including the waters impounded
between Stevens Creek Dam and Clark Hill Dam;
(6) Keowee-Toxaway Lake in Oconee and Pickens Counties;
(7) Lake Jocassee;
(8) Lake Greenwood;
(9) Hartwell Reservoir;
(10) Lake Richard B. Russell;
(11) Lake Wiley;
(12) the Parr Hydroelectric Project Fish and Game Management
Area:
(a) Parr Reservoir;
(b) Monticello Reservoir;
(c) Monticello Reservoir Sub-Impoundment;
(13) Lake Ashwood in Lee County.
Any person violating the provisions of this section is guilty of a
misdemeanor and, upon conviction, must be punished by a fine of not
less than fifty dollars nor more than two hundred dollars or by
imprisonment for not more than thirty days.
The provisions of this article do not affect any reciprocal
agreement with the State of Georgia as to recognition of residence
fishing licenses or permits."
SECTION 4. Section 50-9-710 of the 1976 Code, as last amended
by Act 372 of 1996, is further amended by adding:
"(D) Except in those bodies of water enumerated in Section
50-9-550, a fishing license is not required to use nonmanufactured
tackle and natural bait in the freshwaters of this State."
SECTION 5. The 1976 Code is amended by adding:
"Section 50-11-2205. It is unlawful to hunt, fish, or take fish or
wildlife on Wildlife Management Area land or Department of Natural
Resources' property or use Wildlife Management Areas or
Department of Natural Resources' property except as allowed by the
Board of Natural Resources.
A person violating this section is guilty of a misdemeanor and, upon
conviction, must be fined not more than five hundred dollars or
imprisoned for not more than thirty days."
SECTION 6. This act takes effect July 1, 1997.
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