S*1197 Session 111 (1995-1996)
S*1197(Rat #0412, Act #0372 of 1996) General Bill, By Drummond and Land
Similar(H 4594)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
50-17-845 so as to require nonresidents owning or operating shad nets in the
Savannah River to be licensed and to provide penalties; to amend Chapter 9,
Title 50, as amended, relating to hunting, fishing, and trapping licenses, so
as to revise current law to provide for a uniform system of licensing for
freshwater fisheries and wildlife, to provide for hunter education programs,
and to provide for the disbursal of revenue from licenses and permits; to
amend Section 50-11-2200, as amended, relating to the prohibition on hunting
deer on wildlife management area lands, so as to provide for a Wildlife
Management Area Program; to amend Section 50-20-60, as amended, relating to
exemptions from marine recreational fishing stamp requirements, so as to
revise the exemptions; and to repeal Section 50-1-150 relating to the
disposition of hunting and fishing fines, forfeitures, and fees, Section
50-1-170 relating to the disposition of fines collected in Beaufort County for
violations of fish and game laws, Section 50-1-230 relating to the use of
funds collected in the Santee Cooper area, Section 50-11-2240 relating to
hunting deer in Game Management areas in Game Zone Five, and Section
50-13-1140 relating to the authorization to fish for nongame fish under
certain circumstances.
02/29/96 Senate Introduced and read first time SJ-5
02/29/96 Senate Referred to Committee on Fish, Game and Forestry SJ-5
04/24/96 Senate Committee report: Favorable with amendment Fish,
Game and Forestry SJ-48
04/25/96 Senate Amended SJ-74
04/25/96 Senate Read second time SJ-74
04/25/96 Senate Unanimous consent for third reading on next
legislative day SJ-74
04/26/96 Senate Read third time and sent to House SJ-6
04/30/96 House Introduced and read first time HJ-19
04/30/96 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-20
05/08/96 House Recalled from Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-19
05/14/96 House Amended HJ-63
05/14/96 House Read second time HJ-63
05/15/96 House Read third time and returned to Senate with
amendments HJ-36
05/16/96 Senate Concurred in House amendment and enrolled SJ-22
05/23/96 Ratified R 412
05/30/96 Became law without Governor's signature
05/30/96 Effective date 07/01/96
06/14/96 Copies available
06/14/96 Act No. 372
(A372, R412, S1197)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 50-17-845 SO AS TO
REQUIRE NONRESIDENTS OWNING OR OPERATING SHAD NETS
IN THE SAVANNAH RIVER TO BE LICENSED AND TO PROVIDE
PENALTIES; TO AMEND CHAPTER 9, TITLE 50, AS AMENDED,
RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES,
SO AS TO REVISE CURRENT LAW TO PROVIDE FOR A
UNIFORM SYSTEM OF LICENSING FOR FRESHWATER
FISHERIES AND WILDLIFE, TO PROVIDE FOR HUNTER
EDUCATION PROGRAMS, AND TO PROVIDE FOR THE
DISBURSAL OF REVENUE FROM LICENSES AND PERMITS; TO
AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO THE
PROHIBITION ON HUNTING DEER ON WILDLIFE MANAGEMENT
AREA LANDS, SO AS TO PROVIDE FOR A WILDLIFE
MANAGEMENT AREA PROGRAM; TO AMEND SECTION 50-20-60,
AS AMENDED, RELATING TO EXEMPTIONS FROM MARINE
RECREATIONAL FISHING STAMP REQUIREMENTS, SO AS TO
REVISE THE EXEMPTIONS; AND TO REPEAL SECTION 50-1-150
RELATING TO THE DISPOSITION OF HUNTING AND FISHING
FINES, FORFEITURES, AND FEES, SECTION 50-1-170 RELATING
TO THE DISPOSITION OF FINES COLLECTED IN BEAUFORT
COUNTY FOR VIOLATIONS OF FISH AND GAME LAWS,
SECTION 50-1-230 RELATING TO THE USE OF FUNDS
COLLECTED IN THE SANTEE COOPER AREA, SECTION
50-11-2240 RELATING TO HUNTING DEER IN GAME
MANAGEMENT AREAS IN GAME ZONE FIVE, AND SECTION
50-13-1140 RELATING TO THE AUTHORIZATION TO FISH FOR
NONGAME FISH UNDER CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South
Carolina:
Licenses required for shad nets used in Savannah River
SECTION 1. The 1976 Code is amended by adding:
"Section 50-17-845. (A) Nonresidents owning nets used in the
Savannah River to catch shad shall obtain an annual license for each net
from the department at a cost of one hundred dollars. The department
shall issue with each license a tag which must be attached to the net.
(B) Nonresidents who operate shad nets in the Savannah River,
whether the nets are owned by a resident or nonresident, shall obtain an
annual license from the department at a cost of one hundred dollars. The
license must be on the operator's person at all times.
(C) A person violating a provision of this section is guilty of a
misdemeanor and, upon conviction, must be fined not less than
twenty-five dollars or more than one hundred dollars or be imprisoned
not more than thirty days."
Hunting, fishing, and trapping licenses revised
SECTION 2. Chapter 9, Title 50 of the 1976 Code, as last amended by
Act 181 of 1993, Acts 386, 473, and 495 of 1994, and Act 141 of 1995,
is further amended to read:
"CHAPTER 9
Hunting, Fishing, and Trapping Licenses
Article 1
General Provisions
Section 50-9-10. It is unlawful to hunt, fish, or take fish or wildlife
without obtaining a license and applicable permits, tags, or stamps which
allow these activities. A person convicted of violating this section is
guilty of a misdemeanor and, upon conviction, must be fined not less
than fifty nor more than five hundred dollars or imprisoned not more
than thirty days.
Section 50-9-20. Annual resident and nonresident hunting and fishing
licenses are valid July first through June thirtieth the following year.
Resident and nonresident temporary licenses are valid for consecutive
days as indicated on the license.
Section 50-9-30. (A) For the purposes of obtaining:
(1) an annual or a lesser short-term resident license, `resident'
means a United States citizen who has been domiciled in this State for
thirty consecutive days or more immediately preceding the date of
application for a license, permit, or stamp issued pursuant to this title.
The following are considered residents pursuant to this section:
(a) regularly enrolled full-time students in high schools, technical
schools, colleges, or universities within South Carolina;
(b) members of the United States Armed Forces and their
dependents stationed in South Carolina for sixty days or longer or who
are domiciled in this State;
(2) a lifetime license, `resident' means a United States citizen who
has been domiciled in this State for one hundred eighty consecutive days
or more immediately preceding the date of the application for the lifetime
license;
(3) an annual or lesser short-term nonresident license.
`Nonresident' means a citizen of a foreign country or a United States
citizen who is not domiciled in this State or who maintains a permanent
residence in another state.
(B) Applicants for resident licenses shall furnish proof of residency
to sales agents.
Section 50-9-40. Licenses for fishing privileges regulated by this
chapter apply to freshwaters of the State only.
Section 50-9-50. Licenses, permits, tags, and stamps issued pursuant to
this title must be carried on the person while exercising the privileges of
the license, permit, tag, or stamp, and the person shall produce the
license, permit, tag, or stamp to a law enforcement officer upon demand.
A person who has been issued a license, permit, tag, or stamp but who
fails to keep it in possession while exercising the privileges granted under
it is guilty of a misdemeanor and, upon conviction, must be fined not less
than fifty nor more than five hundred dollars or imprisoned not more
than thirty days.
Section 50-9-60. It is unlawful for a person to borrow or lend a
license, permit, tag, or stamp issued pursuant to this title. A person
violating this section is guilty of a misdemeanor and, upon conviction,
must be fined not less than two hundred nor more than five hundred
dollars or imprisoned not more than thirty days. A person convicted
pursuant to this section forfeits his hunting and fishing privileges for one
year.
Section 50-9-70. It is unlawful to alter a license, permit, tag, or stamp
issued pursuant to this title or issue, obtain, or attempt to obtain a
license, permit, tag, or stamp by fraud. A person violating this section is
guilty of a misdemeanor and, upon conviction, must be fined not less
than two hundred nor more than five hundred dollars or imprisoned not
more than thirty days. A person convicted pursuant to this section
forfeits his hunting and fishing privileges for one year.
Section 50-9-80. Duplicate licenses may be issued by the department
only upon affidavit from the licensee that the original license was lost or
destroyed and upon payment of the cost of the duplicate.
Article 3
Hunter Education Program
Section 50-9-310. The department shall establish programs in
instruction on the safe use of firearms and archery tackle for hunting and
hunter responsibility. The programs must include, but are not limited to,
the selection, training, and certification of instructors, appropriate course
materials and content, and criteria for successful course completion. The
department shall authorize the issuance of a certificate of completion to
persons successfully completing the course.
Section 50-9-320. No resident or nonresident born after June 30,
1979, may obtain a hunting license in this State unless he first exhibits
the certificate of completion he receives pursuant to Section 50-9-310 to
the authorized hunting license agent from whom he desires to buy a
license. A certificate of successful completion of a hunter's education
program issued by other states or territories of the United States,
Canadian provinces, or other nations is valid for purposes of this article
if the department approves the course as comparable to the program
required by this article. A license issued in violation of this section is
invalid.
Section 50-9-330. Lifetime hunting and lifetime combination licenses
may be issued to persons required to be certified who have not completed
the hunter education program pursuant to Section 50-9-310. However, a
license issued under this section does not authorize the person to hunt
until the program is completed. The requirements of this section do not
apply to persons who purchased a lifetime hunting or lifetime
combination license before its effective date.
Section 50-9-340. A certificate of completion is not required for a
hunting license to be used solely for hunting game on a specific shooting
preserve of over ten thousand contiguous acres and including onsite
hunting instruction and supervision provided for in Article 7, Chapter 11
of Title 50. A license issued under this section must be marked clearly
by the authorized hunting license agent from whom it is bought as being
valid only on that specific preserve.
Article 5
Hunting and Fishing Licenses
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
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 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 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, or Medicaid assistance may obtain a statewide fishing
and hunting license at no cost. 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.
Section 50-9-520. A resident of this State may obtain from the
department at its Columbia office a lifetime combination license which
grants the same privileges as a statewide combination license. The
licensing fees are:
(1) Type A which is available only to an individual under two years
of age: three hundred dollars;
(2) Type B which is available only to an individual under sixteen
years of age: four hundred dollars;
(3) Type C which is available only to an individual sixteen years of
age or older: five hundred dollars;
(4) Type D which is available only to an individual sixty-four years
of age or older: nine dollars.
Section 50-9-530. For purposes of this chapter:
(1) `Migratory waterfowl' means members of the family Anatidae,
including brants, ducks, geese, and swans. It is unlawful for a person to
hunt or take migratory waterfowl within this State without first procuring
a state migratory waterfowl stamp. It is unlawful to hunt or take
migratory waterfowl without having a valid migratory waterfowl stamp in
possession while hunting, taking, or transporting migratory waterfowl. A
person violating this section is guilty of a misdemeanor and, upon
conviction, must be fined not less than fifty nor more than five hundred
dollars or imprisoned not more than thirty days.
(2) Each stamp required under this section must be validated by the
signature of the licensee written across the face of the stamp.
(3) The department shall furnish stamps to its authorized licensed
sales agents for sale in the same manner as other type licenses. The fee
for each stamp is five dollars and fifty cents. Fifty cents of the stamp
cost may be retained by the issuing sales agent, and the balance must be
paid to the department. Each stamp expires on the last day of June
following issuance.
(4) The department may produce additional stamps as
commemorative or collector's items which must be sold at a price of not
less than five dollars and fifty cents. These proceeds must be retained by
the department.
(5) Revenue derived from the sale of the stamp may be used only
for the cost of printing, promoting, and producing the stamp and for
those migratory waterfowl projects specified by the board for the
development, protection, and propagation of waterfowl in this State.
None of the funds may be expended for administrative salaries.
Section 50-9-540. (A) For the privilege of fishing throughout South
Carolina, a resident of this State shall purchase an annual statewide
license for ten dollars, of which one dollar may be retained by the
issuing agent.
(B) In lieu of obtaining a regular, annual, statewide resident fishing
license, a resident may purchase a temporary statewide fishing license
valid for fourteen consecutive days for five dollars, of which one dollar
may be retained by the issuing agent.
(C) For the privilege of fishing throughout South Carolina, a resident
of this State may obtain a lifetime statewide fishing license from the
department at its Columbia office for three hundred dollars.
(D) For the privilege of fishing throughout South Carolina, a
nonresident of this State shall purchase an annual statewide license for
thirty-five dollars, of which one dollar may be retained by the issuing
agent.
(E) In lieu of obtaining a regular annual statewide nonresident
fishing license, a nonresident may purchase a temporary statewide license
valid for seven specified consecutive days for eleven dollars, of which
one dollar may be retained by the issuing agent.
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.
The provisions of this section do not affect in any way any reciprocal
agreement with the State of Georgia as to recognition of residents'
fishing licenses or permits. Any person exempt from licensing
requirements under Article 7 of this chapter is exempt from the
requirement to purchase a permit as provided in this section.
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.
Article 7
Hunting and Fishing License Exemptions
Section 50-9-710. (A) Children under sixteen years of age are not
required to procure or possess a hunting or fishing license or any other
permit or license required for hunting or fishing unless that child engages
in the taking of wildlife or fish for commercial purposes.
(B) No person is required to possess a fishing license if fishing in a
private pond. However, if the pond is used for commercial purposes, it
is not considered a private pond.
(C) Commercial fishing lake operators or pay-to-fish commercial
businesses may purchase an annual license for two hundred dollars.
Resident and nonresident patrons of these establishments are exempt from
the requirement to purchase an individual annual license.
Section 50-9-720. (A) The department may permit physically or
mentally disabled persons, residents of an orphanage or another
eleemosynary institution of this State, or a Boy or Girl Scout to hunt or
fish for up to three consecutive days within a county of this State without
obtaining a license to do so if:
(1) The person or the institution receives a permit from the
department.
(2) The name of each person to whom the permit applies is
furnished to the department.
(B) The residents of institutions must be accompanied on the hunting
or fishing trip for which the permit is granted by a representative of the
institution.
(C) No blind or mentally disabled person may carry or use a weapon
while hunting or fishing pursuant to this section.
Section 50-9-730. (A) The department may designate up to two days a
year as `free fishing days' during which state residents may fish without
procuring the necessary licenses and permits. These days need not be
consecutive. This subsection does not apply to commercial fishing
privileges.
(B) The department also may designate department-sanctioned
fishing events as exempt from fishing license requirements. However,
the events may not exceed one for each county a year.
Article 9
Revenue
Section 50-9-910. (A) Revenue from fines and forfeitures for
violations of Chapters 1 through 16, except for violations of marine
resources laws, must be transmitted to the treasurer of the county where
the revenue was collected. The treasurer shall transmit the revenue to the
director of the department accompanied by a statement showing the
names of persons fined, the amount of each fine, the summons or warrant
number, and the court in which each fine was collected.
(B) The revenue provided for in subsection (A) and one-half of the
revenue generated from the sale of nonresident fishing licenses must be
credited to the county game fund of the county in which the licenses
were sold or revenue was collected.
(C) The funds provided for in subsection (B) must be expended in
the respective counties for the protection, promotion, propagation, and
management of wildlife and fish and the enforcement of related laws.
Section 50-9-920. (A) Revenue generated from the sale of lifetime
licenses must be deposited in the Wildlife Endowment Fund.
(B) All wildlife management area revenue must be retained by the
department and used exclusively for the management and the
procurement of wildlife management area lands.
(C) Revenue generated from the sale of other licenses and permits,
except revenue from the sale of licenses and permits pursuant to the
marine resources laws, wildlife management area revenue, and revenue
from the fines and forfeitures for violations of other sections of this title,
must be deposited with the State Treasury to the credit of the Game
Protection Fund. This revenue must be expended by the department for
the protection, promotion, propagation, and management of wildlife and
fish, the enforcement of related laws, and the dissemination of
information, facts, and findings the department considers necessary.
Section 50-9-940. Balances in the funds provided for in this article,
less amounts paid to the Training and Continuing Education Division of
the Department of Public Safety, must be carried forward annually.
Article 11
Suspension of Hunting and Fishing Privileges
Section 50-9-1110. `Conviction' as used in this article includes the
entry of a plea of guilty, the entry of a plea of nolo contendere, and the
forfeiture of bail or collateral deposited to secure a defendant's
appearance in court.
Section 50-9-1120. There is established the following point system for
violations of certain provisions of law:
(1) Common violations:
(a) resisting arrest by the use of force, violence, or weapons
against an employee of the department while engaged in his duties, a law
enforcement officer aiding in the work of the department, or a federally
commissioned employee engaged in like or similar employment: 18;
(b) attempting escape after lawful arrest: 14;
(c) hunting or fishing in a state sanctuary at any time: 14;
(d) hunting, fishing, or trapping out of season, except in a state
sanctuary: 10;
(e) selling game or game fish: 14;
(f) taking game or fish in an illegal manner not mentioned
specifically elsewhere in this section. However, no points may be
assessed pursuant to this subitem for fish taken on the seaward side of
the saltwater-freshwater dividing lines as provided in Section 50-17-30:
8;
(g) using a borrowed or altered hunting or fishing license: 10;
(h) taking more than the legal limit of game or fish: 8;
(i) hunting or fishing without a license in possession: 6;
(j) trespassing to hunt, fish, or trap: 10;
(k) violating game management area regulations: 8;
(l) hunting, taking, possessing, or selling alligators in violation of
law or department regulations: 14.
(2) Hunting violations:
(a) killing or attempting to kill or molest deer from a motorboat:
14;
(b) night hunting deer or bear: 18;
(c) illegally transporting furs or hides and possessing untagged
hides: 10;
(d) trapping quail or wild turkeys: 10;
(e) hunting over bait: 8;
(f) killing or possessing antlerless deer, except as expressly
provided by law: 14;
(g) illegally night hunting other game, except deer, or hunting
game in prohibited hours: 8;
(h) possessing buckshot illegally: 5;
(i) possessing unplugged gun while hunting, violation of Section
50-11-10: 4;
(j)
1. killing or possessing a wild turkey during the closed season:
18;
2. killing or possessing a wild turkey hen during the spring
gobbler season: 14;
(k) roost shooting wild turkeys between official sunset and official
sunrise: 18;
(l) shooting wild turkeys over bait: 18;
(m) hunting wild turkeys over bait: 10;
(n) trespassing to hunt waterfowl: 18;
(o) hunting waterfowl over bait: 10;
(p) shooting waterfowl over bait: 10;
(q) hunting waterfowl out of posted season: 15;
(r) taking more than one waterfowl over the legal limit: 15;
(s) illegally possessing, taking, or attempting to take raccoons
during the season for hunting without weapons: 14.
(3) Fishing violations: trapping, netting, or seining game fish
illegally: 10.
Section 50-9-1130. Each time a person is convicted of a violation
enumerated in Section 50-9-1120, the number of points assigned to the
violation must be charged against the person. For each calendar year that
passes after assignment in which the person received no points, the
department shall deduct one-half of the accumulated points if the total
number of points is greater than three. If a person has three or less
points at the end of a calendar year in which no points were received, the
department shall reduce his point total to zero; however, a person's
record must not be less then zero points.
Section 50-9-1140. The department shall suspend for one year the
hunting and fishing privileges of a person who has eighteen or more
points. The suspension begins the eleventh day after the person receives
written notice by mail, return receipt requested, of the suspension, and
ends the same day the following year.
Section 50-9-1150. (A) Upon determination that a licensee has
accumulated sufficient points to warrant suspension of privileges, the
department shall notify him in writing that his privileges are suspended
and the licensee shall return the license to the department within ten
days.
(B) The person may, within ten days after notice of suspension,
request in writing a review, and upon receipt of the request, the
department shall afford him a review. The department shall notify him
of the date, time, and place of the review and the person shall have the
right to have his attorney present with him if he so desires.
(C) If the person requests a review, the suspension shall be held in
abeyance until the day of the final disposition of his review by the
department and if the suspension is upheld, the suspension shall
commence on the eleventh day thereafter and end on the same day of the
following year. The review by the department shall be limited to a
determination of the validity of the violations and points assessed. No
probationary authority is given to the department by discretion or
otherwise.
Section 50-9-1160. (A) A person whose privileges have been
suspended under the provisions of this article may, within ten days after
notice of the result of the review, apply to the resident or presiding
circuit judge of the circuit in which the applicant resides for a review
upon the record certified to by the board to determine if the action taken
by the department is lawful and in accordance with the provisions of this
article. The person shall have the right to have his counsel present with
him if he so desires.
(B) If the person requests a review upon the record the suspension
shall be held in abeyance until the day of the final disposition of the
review upon the record and if the suspension is upheld, the suspension
shall commence on that day and end on the same day of the following
year.
Section 50-9-1170. After the expiration of the period of suspension,
the person's record shall be cleared of points and the person starts anew
with no points.
Section 50-9-1180. The department shall administer and enforce this
article and may promulgate regulations necessary for its administration
not inconsistent with the article. The department shall print and
distribute at the time of selling hunting or fishing licenses a card or
brochure explaining the point system.
Section 50-9-1190. Nothing contained in this article affects the action
of the department in suspending, revoking, or canceling a license when
the action is mandatory under the provisions of another law of this
State.
Section 50-9-1200. A person who hunts or fishes while under
suspension is guilty of a misdemeanor and, upon conviction, must be
fined not less than two hundred fifty dollars nor more than five hundred
dollars or imprisoned not more than one year, or both, and must have his
hunting and fishing privileges suspended for an additional three
years.
Section 50-9-1210. The points and penalties assessed under this article
are in addition to and not in lieu of any other civil remedies or criminal
penalties which may be assessed."
Establish wildlife management areas
SECTION 3. Section 50-11-2200 of the 1976 Code, as last amended by
Act 181 of 1993, is amended to read:
"Section 50-11-2200. Subject to available funding, the
department shall acquire sufficient wildlife habitat through lease or
purchase or otherwise to establish wildlife management areas for the
protection, propagation, and promotion of fish and wildlife and for public
hunting and fishing. The department may not have under lease at any
one time more than one million, six hundred thousand acres in the
wildlife management area program. The department may not pay more
than fair market value for the lease of lands in the area. The department
may not lease land for the program which, during the preceding
twenty-four months, was held under a private hunting lease. However,
this restriction does not apply:
(1) if the former lessee executes a voluntary consent to the
proposed wildlife management area lease;
(2) if the lessor cancels the lease; or
(3) to any lands which, during the twenty-four months before June
5, 1986, were in the game management area program. The department
may establish open and closed seasons, bag limits, and methods for
hunting and taking wildlife on all wildlife management areas."
Marine recreational fishing stamp exemptions
SECTION 4. Section 50-20-60 of the 1976 Code, as last amended by
Section 1268, Act 181 of 1993, is amended to read:
"Section 50-20-60. The following are exempt from purchasing
the stamp:
(1) fishermen using a hook and line from the shore or a shore-based
structure;
(2) fishermen fishing from a charter fishing vessel with a valid
charter fishing permit or from a public fishing pier with a valid public
fishing pier permit;
(3) members of the United States Armed Forces who are residents
of South Carolina stationed outside this State upon presentation of
official furlough or leave papers;
(4) persons exempted under Article 7, Chapter 9 of Title
50."
Repeal
SECTION 5. Sections 50-1-150, 50-1-170, 50-1-230, 50-11-2240, and
50-13-1140 of the 1976 Code are repealed.
Time effective
SECTION 6. This act takes effect July 1, 1996.
Became law without the signature of the Governor -- 5/30/96. |