H 4594 Session 111 (1995-1996)
H 4594 General Bill, By Witherspoon, J.L.M. Cromer, Fleming, R.J. Herdklotz,
Limehouse, McCraw, J.T. McElveen, D.E. McTeer, Riser, Sandifer and Sharpe
Similar(S 1197)
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.
02/13/96 House Introduced and read first time HJ-19
02/13/96 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-20
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.
Be it enacted by the General Assembly of the State of South Carolina:
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."
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. A resident of this State may obtain, in the same
manner as other fishing and hunting licenses are obtained, a
combination fishing and hunting license in lieu of separate licenses
for each activity. The combined license shall grant to the licensee the
same privileges as that of a statewide fishing license, a statewide
hunting license, and the resident big game permit. The cost of the
license is seventeen dollars.
One dollar of the fee may be retained by the issuing agent and the
balance remitted to the department. One-half of the fee must be used
in the same manner as statewide fishing license revenue and the other
half in the same manner as statewide revenue from hunting licenses.
Section 50-9-11. A resident of this State may obtain from the
Columbia headquarters a lifetime combination license which grants
him the same privileges as a statewide license as provided by Section
50-9-10.
The license and fees are:
(1) Type A - available only to an individual under two years of
age - three hundred dollars;
(2) Type B - available only to an individual under sixteen years
of age - four hundred dollars;
(3) Type C - available only to an individual sixteen years of age
or older - five hundred dollars;
(4) Type D - available only to an individual sixty-four years of
age or older - nine dollars.
Section 50-9-12. (A) The board is authorized to designate not more
than two days, which need not be consecutive, in each calendar year
as free fishing days. During these designated days residents of this
State, without obtaining a fishing license, may exercise the privileges
of a holder of a fishing license, subject to all limitations, restrictions,
conditions, and regulations applicable to the holder of a fishing
license.
(B) The provisions of this section do not affect commercial fishing
licenses.
Section 50-9-15. A resident of this State may obtain, in the same
manner as other fishing and hunting licenses and the resident big
game permit are obtained, a sportsman license in lieu of separate
licenses for statewide fishing, statewide hunting for big game, and
hunting on wildlife management areas. The cost of the license is
forty-four dollars.
One dollar of the fee may be retained by the issuing agent and the
balance remitted to the department.
Section 50-9-20. Notwithstanding any other provision of law to the
contrary all hunting and fishing licenses shall be issued for the period
July first to June thirtieth.
Section 50-9-30. No person shall be issued a hunting or fishing
license as a state resident unless he shall furnish proof to the issuing
agent that he is a resident of this State. Such proof shall be either the
holding of a valid state driver's license or such other form of
identification that the department may require which would furnish
reasonable proof of such residency.
"Resident" means a person who is a citizen of the
United States and who has been a domiciled resident of this State for
thirty consecutive days or more immediately before the date of his
application for license or permit and for one hundred eighty
consecutive days or more immediately before the date of his
application for a lifetime license. A person holding a state resident
hunting or fishing license who cannot furnish proof of residency is
guilty of a misdemeanor and, upon conviction, must be fined not less
than fifty dollars nor more than one hundred dollars or be imprisoned
for not less than ten days nor more than thirty days. A person holding
a lifetime license who cannot furnish proof of residency is guilty of a
misdemeanor and, upon conviction, must be fined not more than one
thousand dollars or be imprisoned for not more than six months.
Article 2
Hunter Education Program
Section 50-9-70. The South Carolina Wildlife and Marine Resources
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 50-9-80. 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 has received pursuant to Section 50-9-70
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 50-9-90. 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 50-9-70.
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 50-9-100. 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
which it is bought as being valid only on that specific preserve.
Article 3
Hunting Licenses
Section 50-9-120. (1) For the privilege of hunting throughout the
State by a resident of the State, a statewide license must be issued for
a fee of twelve dollars, of which amount one dollar may be retained
by the issuing agent.
(2) For the privilege of hunting only in the county of which the
hunter is a resident, a county license must be issued upon payment of
a fee of five dollars, of which amount one dollar may be retained by
the issuing agent. No holder of a county license only may hunt in any
county of which he is not a resident.
(3) For the privilege of hunting throughout the State by a resident
of the State a lifetime statewide license may be issued from the
Columbia headquarters for a fee of three hundred dollars.
Section 50-9-130. Every nonresident of the State shall pay a
hunter's license fee of:
(1) seventy-five dollars for the privilege of hunting in the State
during any one season from July first to June thirtieth, two dollars of
which may be retained by the issuing agent;
(2) fifty dollars for a ten-day temporary license, two dollars of
which may be retained by the issuing agent; or
(3) twenty-five dollars for a three-day temporary license, one
dollar of which may be retained by the issuing agent.
Any type temporary license is valid for a period of either ten or
three specified consecutive days as indicated on the license and the
ten-day temporary license may be purchased only once a season by a
single individual. Any person convicted of a violation of this section
must be punished as provided in Section 50-9-250.
Section 50-9-135. (1) Every resident hunting deer, bear, or turkey
in this State shall first purchase a big game permit from the
department which must be in addition to the required resident hunter's
license. The fee for the permit is six dollars, of which amount one
dollar may be retained by the issuing agent.
(2) Every nonresident hunting deer, bear, or turkey in this State
shall first purchase a big game permit from the department which is
in addition to the required nonresident hunter's license. The fee for
the permit is eighty dollars, of which amount one dollar may be
retained by the issuing agent.
Section 50-9-140. The department may distribute and regulate
the issuance of special resident and nonresident shooting preserve
hunting licenses, applicable for the entire preserve season on any
preserve in the State, for specified released species only, at a cost not
to exceed five dollars for residents and eight dollars and fifty cents for
nonresidents.
Section 50-9-145. In lieu of the fees provided in subsection (1) of
Section 50-9-120, subsection (1) of Section 50-9-135, and Sections
50-9-150 and 50-9-450, any resident of this State who is aged sixteen
through seventeen may pay a fee of sixteen dollars, of which amount
one dollar may be retained by the issuing agent, for the privilege of
engaging in the activities described in the above-cited sections.
The license must be countersigned by the parent or guardian of the
teenager and the countersignature shall be considered as a
certification of the age and residence of the teenage person.
Any person fraudulently obtaining such a license by falsely
certifying the age or residence of another upon conviction must be
fined the sum of two hundred dollars or be confined in the county jail
for a period not to exceed ten days.
Section 50-9-150. The department shall promulgate regulations
requiring persons sixteen and above who hunt on wildlife
management areas to purchase a permit. The annual cost of a permit
is not more than thirty dollars and fifty cents for state residents and
not more than seventy-six dollars for nonresidents. The permit is
valid for the year in which it is issued. One dollar of the permit cost
may be retained by the issuing agent and the balance paid to the
department. The funds so derived by the department must be retained
and used exclusively for the procurement of wildlife management
areas by rent, lease, or exchange and the management of the areas.
The number of nonresident permits sold during a particular year shall
not exceed the ratio of the number of nonresident permits sold for the
previous year versus all permits sold to both residents and
nonresidents for the previous year times the total number of permits
sold in the previous year to both residents and nonresidents. Permits
issued for one day only must be issued at a cost of no more than five
dollars and fifty cents for state residents. The one-day permits will be
issued from the department headquarters only upon the request of a
hunter who has been drawn to participate in a department sponsored
hunt.
The department may not lease any land for the Wildlife
Management Area Program which, during the preceding twenty-four
months, has been held under a private hunting lease by a club or
individual. This restriction does not apply if the former lessee
executes a voluntary consent to the proposed wildlife management
area lease, the lessor cancels the lease for cause, or to lands which
during the twenty-four months prior to June 5, 1986, were in the
game management area program. The department may not pay more
than the fair market value in the area for any lease acquired under this
program. 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 establish open and
closed seasons, bag limits, and methods for taking game on all
wildlife management areas.
Section 50-9-155. For purposes of this section:
(1) "Migratory waterfowl" means members of the
family Anatidae, including brants, ducks, geese, and swans.
(2) "Hunt" means the act of taking, obtaining,
pursuing, trying to find, or diligently seeking for migratory
waterfowl.
It is unlawful for a person, other than one exempt from the
requirement of purchasing hunting licenses by Article 9, Chapter 9 of
this title, to hunt any migratory waterfowl within this State without
first procuring a state migratory waterfowl stamp and having a valid
stamp for the year in his possession while hunting or transporting any
migratory waterfowl. A person violating the provisions of this
section is guilty of a misdemeanor and, upon conviction, must be
fined not less than fifty dollars nor more than two hundred dollars or
imprisoned for not more than thirty days.
Each stamp must be validated by the signature of the licensee
written across the face of the stamp. The board shall furnish the
stamps to its authorized agents for issuance or sale in the same
manner as other types of licenses.
The fee for each stamp is five dollars and fifty cents. Fifty cents of
the stamp cost may be retained by the issuing agent and the balance
must be paid to the department. Each stamp expires on the last day of
June following issuance.
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 with all of the proceeds being retained by the
department.
All revenue derived from the sale of the stamp may be used only
for the cost of printing, promotion, and production of the stamp and
for those migratory waterfowl projects specified by the board for the
development, protection, and propagation of waterfowl in the State.
None of the funds may be expended for administrative salaries.
Section 50-9-160. The State Budget and Control Board shall
purchase on competitive bids the licenses and other forms to be used
each season.
Section 50-9-170. No person may alter any license or permit issued
by the department or issue, obtain or attempt to obtain a license or
permit by fraud. Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction, shall be fined not less
than fifty dollars nor more than two hundred dollars or imprisoned not
to exceed thirty days.
Section 50-9-180. No hunting license shall be sold or issued outside
of the boundaries of this State.
Section 50-9-190. Every licensee while hunting game shall carry on
his person his hunting license and, if applicable, his game
management permit and big-game permit and upon demand shall
show them to any enforcement officer or officer of the law.
Section 50-9-200. Duplicate hunting licenses shall be issued by the
department only, upon affidavit from the licensee that he has lost his
license and upon payment by the licensee of the cost of the duplicate.
Section 50-9-210. It shall be unlawful for any person to borrow,
loan or exchange a hunting license with another person.
Section 50-9-220. Any person convicted of borrowing, lending or
exchanging a hunting license with another person, in addition to
suffering the penalties set forth in Section 50-9-240, shall forfeit any
right to any hunting licenses issued to him and shall be prohibited
from procuring another hunting license for the season for which the
hunting license so borrowed, exchanged, or loaned was issued. Any
person who attempts to hunt or hunts while under such prohibition
shall, upon conviction, be fined not less than fifty dollars nor more
than one hundred dollars or be imprisoned for not less than ten days
nor more than thirty days.
Section 50-9-230. The form of all hunting licenses shall be of such
quality and suitable design as may be designated by the department,
the cost to be paid out of the game protection fund.
Section 50-9-240. Any resident of the State who violates the
provisions of Sections 50-9-15, 50-9-135, 50-9-190, or 50-9-210,
upon conviction, must be fined not less than one hundred nor more
than two hundred dollars or imprisoned for not more than thirty days.
Section 50-9-250. Any nonresident who violates the provisions of
Sections 50-9-130, 50-9-135, 50-9-190, 50-9-210, or 50-9-220, upon
conviction, must be fined two hundred dollars or imprisoned for not
less than forty-eight hours nor more than thirty days. No part of the
monetary fine may be suspended in whole or in part.
Section 50-9-260. Notwithstanding the increases in the fees for
existing hunting and fishing licenses or permits imposed by Sections
50-9-10, 50-9-15, 50-9-120, 50-9-150, 50-9-450 and 50-9-500, any
person who has been a resident of this State for at least one year and
who has attained the age of sixty-five may continue to obtain existing
hunting or fishing licenses or permits without cost in the manner
provided by law, and is further authorized to obtain without cost any
new licenses or permits established by Section 50-9-135.
Article 5
Fishing Licenses
Section 50-9-410. Except as otherwise provided in Chapters 1
through 19 of this title, it shall be unlawful for any person to fish by
use of manufactured tackle, equipment or artificial bait, other than
hook and line, in the waters of this State unless such person has first
obtained and has in his possession a proper license as required by
Chapters 1 through 19 of this title. The term "waters", as
used in Chapters 1 through 19 of this title shall apply only to fresh
waters of the State.
Section 50-9-420. Except as otherwise expressly provided it shall
be unlawful for any person to fish in fresh water of this State by use
of a fly rod, casting rod, artificial bait or any manufactured tackle or
equipment, other than ordinary hook and line, unless he has at first
obtained an angler's license. A license shall not be required of a
landowner or leaseholder fishing on his land or lands leased by him or
of members of the family of such landowner or leaseholder.
Section 50-9-430. No person shall be required to possess a fishing
license while fishing in strictly private ponds if he has the written
permission of the owner or leaseholder of any such pond in his
possession, unless such owner or leaseholder is present on the
property. Resident and nonresident patrons of pay lake operators or
pay-to-fish commercial businesses are exempt from the requirement
of purchasing an individual annual license when such establishment
has purchased an annual license. The annual fee for a pay lake
license shall be two hundred dollars.
Section 50-9-440. Any employee residing in this State may fish on
the lands of his employer owning or leasing the land by the written
permission of such employer or his superintendent without procuring
a fishing license.
Section 50-9-450. The license fee for residents of this State for
fishing by use of manufactured tackle, equipment, or artificial bait
other than hook and line, is ten dollars. The license shall entitle the
holder to fish in any of the freshwaters of this State without
purchasing any other license or permit. The license must be obtained
from the department or its agents. One dollar of the fee must be
retained by the agent issuing the license and the remaining portion of
the proceeds of the sale of the license must be remitted to the
department for use only for the rearing, protection, propagation, and
distribution of fish and game and the enforcement of the laws
pertaining thereto, including salaries of enforcement and
administrative personnel of the department and the publicity and
dissemination of information, facts, and findings the department
considers wise. Residents of this State may purchase a temporary
license to permit them to fish for fourteen consecutive days for a fee
of five dollars, the sales agent retaining one dollar of the fee and the
remaining proceeds remitted to the department to be used as above
provided.
Section 50-9-455. A resident of this State may obtain from the
Columbia headquarters a lifetime fishing license granting him the
same privileges as provided in Section 50-9-450 for a fee of three
hundred dollars.
Section 50-9-460. All nonresidents of this State, before fishing for
game or other fish in any manner in the inland streams or waters of
this State, shall first procure a nonresident fishing license, the fee for
which is thirty-five dollars, one dollar of which may be retained by
the issuing agent. The license must be in form and design as
designated by the department and must be carried upon the person of
the licensee at all times when fishing. It is unlawful for the licensee,
the selling agent, or any other person to alter or to change the date or
to back date any license. Upon conviction for violation of this section
the license shall immediately be forfeited to the State. Any person
violating the provisions of this section must, upon conviction, be
punished by a fine of two hundred dollars, of which no part may be
suspended in whole or in part, or be imprisoned for a period not
exceeding thirty days for each offense. All proceeds from the sale of
nonresident fishing licenses and from fines and forfeitures from
convictions of violations of this section must be credited to the county
game fund of any county in which the licenses are sold, and the funds
must be expended in the respective counties for the purposes of
propagation of fish and game, for the promotion and conservation of
wildlife resources, and for the enforcement of game laws.
Section 50-9-470. In lieu of obtaining a regular annual nonresident
fishing license provided for by Section 50-9-460, a nonresident of this
State may procure a temporary nonresident license for the purpose of
fishing for game fish or other fish in this State. The temporary
license authorizes the licensee to fish in any of the waters of this State
for a period of seven specified consecutive days, in accordance with
other regulations provided by law, and the license is valid for the
period specified. The fee for the license is eleven dollars. Of this
amount one dollar may be retained by the agent selling a license, and
the balance must be remitted by the agent to the department and
deposited in the State Treasury in the game protection fund. The
department, at the end of each calendar year, shall credit the
Santee-Cooper funds with an amount equal to the sum collected
during the calendar year 1956 from the temporary license then in
effect for those waters. If there is a general decline in revenue from
all sources of the Wildlife and Freshwater Fish Division of the
department, the amount credited may be reduced by the same
percentage of the decline.
Section 50-9-480. It shall be unlawful for any nonresident of this
State to fish in the fresh waters within the State without having first
procured the license provided for in Section 50-9-470 or the regular
nonresident fishing license provided for by Section 50-9-460.
Section 50-9-490. 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 shall be attached to the net.
(2) Nonresidents who operate shad nets in the Savannah River,
whether such 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 shall be on the operator's person at all times.
(3) Any person violating the provisions of this section is guilty of
a misdemeanor and, upon conviction, shall be fined not less than
twenty-five dollars nor more than one hundred dollars, or be
imprisoned for not more than thirty days.
Section 50-9-500. 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 50-9-10, 50-9-15,
or 50-9-450 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.
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 9 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.
Notwithstanding Section 50-9-460 or 50-9-470 or other provisions
of Title 50, a nonresident of this State may procure a three-day permit
as provided in this section at a cost of three dollars, one dollar of
which may be retained by the issuing agent. The portion of the
proceeds not retained by the agent must be remitted to the department
and used as provided in this section.
Section 50-9-505. A person permitted pursuant to Section 50-9-500
is authorized to fish on Lake Ashwood in Lee County with
nonmanufactured tackle or natural bait.
Section 50-9-510. All persons applying for licenses shall receive
such license as may be provided of such suitable design as may be
designated by the department. Every person shall, while fishing,
carry on his person such license and shall show his license to any
officer upon demand. The cost of such licenses shall be paid for out
of the game protection fund.
Section 50-9-520. The department shall provide for the furnishing
of licenses under the terms of Sections 50-9-420 and 50-9-510 in
accordance with the provisions concerning hunting licenses.
Section 50-9-530. It shall be unlawful for any person to borrow,
lend or exchange a fishing license with another person. Any person
convicted of violating the provisions of this section, Section 50-9-410
or Section 50-9-450 shall, in addition to suffering penalties set forth
in Section 50-9-540, forfeit any right to any fishing license issued him
and shall be prohibited from procuring another fishing license for the
season for which the fishing or hunting license so borrowed, loaned
or exchanged was issued.
Section 50-9-540. Any person violating any provision of Sections
50-9-410, 50-9-450 or 50-9-530 unless otherwise provided by law, is
guilty of a misdemeanor and, upon conviction, shall be fined at least
fifty dollars but not more than two hundred dollars or imprisoned for
at least ten days but not more than thirty days.
Section 50-9-550. Anyone convicted of violating any of the
provisions of Sections 50-9-420 and 50-9-510 shall be sentenced to
pay a fine of not less than one hundred dollars nor more than two
hundred dollars or to serve not less than forty-eight hours nor more
than thirty days.
Section 50-9-560. Any person violating the provisions of Sections
50-9-470 and 50-9-480 shall, upon conviction, be punished by a fine
of two hundred dollars or by imprisonment for not less than
forty-eight hours nor more than thirty days. Notwithstanding any
other provision of law, no part of the monetary fine may be suspended
in whole or in part.
Article 9
Exemptions
Section 50-9-810. Any person who has been a resident of this State
for three years and can produce a certificate from a licensed doctor of
medicine that he is totally and permanently disabled may secure,
without cost, a license to hunt and fish in this State.
For the purposes of this section, total and permanent disability
shall mean the physical inability to perform work in any occupation,
which physical inability appears to be of a permanent nature.
Applications for licenses shall be obtained from the local
enforcement officer and shall be forwarded by the applicant to the
department. The department shall review the application and issue
licenses to qualified persons. All applications shall include the
required doctor of medicine's certificate.
Any applicant who wilfully misrepresents his eligibility for a
license under the terms of this section is guilty of a misdemeanor
and, upon conviction, shall be fined not more than one hundred
dollars nor less than twenty-five dollars.
Section 50-9-820. When the United States Department of Veterans'
Affairs, the Veterans' Affairs Division of the Governor's Office, or a
County Veterans' Affairs Officer issues an identification card stating
the individual named thereon is one hundred percent permanently and
totally disabled, the card shall be deemed to be a hunting and fishing
license or permit for such individual in lieu of any and all other
permits or licenses issued by the State or county.
Section 50-9-830. All blind residents of this State, all orphans of
any orphanage or other eleemosynary institution of this State, any
boy or girl scout, and physically handicapped and mentally retarded
persons, as defined by Section 44-21-30(4), may hunt or fish within
any county in this State without obtaining a license to do so, if the
blind person or the superintendent or person in charge of the
institution, scouts, or physically handicapped or mentally retarded
persons shall first apply to the department for a permit allowing the
blind person, orphans, scouts, or physically handicapped or mentally
retarded persons to hunt or fish, giving the name of the blind person
or each orphan, scout, or physically handicapped or mentally retarded
person and the name of the institution, sponsoring entity, or troop.
The superintendent or person in charge of the orphans, scouts, or
physically handicapped or mentally retarded persons shall accompany
them on the hunting or fishing trip for which the permit is granted.
The department may issue the permit when the above conditions
have been complied with.
Notwithstanding the provisions of this section or any other
provision of law, mentally retarded persons permitted to hunt or fish
pursuant to this section are not authorized in any instance to carry or
use firearms while hunting or fishing hereunder.
Section 50-9-840. Any person who has been a resident of the State
for at least one year, and who has attained the age of sixty-five years
may secure a license to hunt and fish within any county in this State
without cost, upon presentation of sufficient evidence to any
enforcement officer that he has been a resident for such period and
has attained the age of sixty-five years.
Section 50-9-860. No child under sixteen years of age is required to
procure a hunting or fishing license or any other permit or license
required for hunting or fishing unless that child engages in the taking
of game or fish for commercial purposes.
Article 11
Suspension of Hunting and Fishing Privileges
Section 50-9-1010. The term "conviction" as used in this
article shall also include the entry of any plea of guilty, the entry of
any plea of nolo contendere and the forfeiture of any bail or collateral
deposited to secure a defendant's appearance in court.
Section 50-9-1020. There is established the following point system
for violations to be used by the department in suspending hunting and
fishing privileges of those persons participating in those activities
within this State:
(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 50-9-1030. Each time a person is convicted by a court of law
of a violation enumerated in Section 50-9-1020, the number of points
assigned to such a violation shall be charged against such person. For
each calendar year that passes thereafter 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, then the department shall reduce his point total
to zero; provided, however, that at no time shall any person's record
be less then zero points.
Section 50-9-1040. The department shall suspend for one year the
hunting and fishing privileges of any person who has eighteen or
more points. Such suspension shall commence on the eleventh day
after such person receives written notice by mail, return receipt
requested of such suspension, and shall end on the same day the
following year.
Section 50-9-1050. (a) Upon the determination by the department
that a person has accumulated sufficient points to warrant the
suspension of his privileges, the department shall notify such person
in writing, return receipt requested, that his privileges have been
suspended and such person shall return any license in his name to the
department within ten days.
(b) Such person may, within ten days after such notice of
suspension, request in writing a review, and upon receipt of such
request, the department shall afford him a review. The department
shall notify him of the date, time and place of the review and such
person shall have the right to have his attorney present with him if he
so desires.
(c) If such 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
thereon. No probationary authority is given to the department by
discretion or otherwise.
Section 50-9-1060. (a) Any 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. Such person shall have the right to have his
counsel present with him if he so desires.
(b) If such person requests a review upon the record the suspension
shall be held in abeyance until the day of the final disposition of such
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 50-9-1070. After the expiration of the period of suspension,
such person's record shall be cleared of any points and such person
shall start anew with no points.
Section 50-9-1080. The department shall administer and enforce the
provisions of this article and may make such rules and 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 50-9-1090. Nothing contained in this article shall affect the
action of the department in suspending, revoking or canceling any
license when such action is mandatory under the provisions of any
other law of this State.
Section 50-9-1100. Any person who hunts or fishes while under
suspension is guilty of a misdemeanor and, upon conviction, shall be
fined not less than two hundred fifty dollars nor more than five
hundred dollars or imprisoned for not more than one year, or both,
and such person shall have his hunting and fishing privileges
suspended for an additional three-year period for each offense.
Section 50-9-1110. The points and penalties assessed under this
article shall be in addition to and not in lieu of any other civil
remedies or criminal penalties which may be assessed.
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 combination hunting
and fishing license at no cost from the department. This license
includes the privilege of hunting big game 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
Railroad Retirement Board, the Veterans Administration, or Medicaid
assistance may obtain a statewide combination fishing and hunting
license at no cost. This license includes the privilege of hunting big
game 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.
(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 in
streams, lakes, rivers, and reservoirs with nonmanufactured tackle and
natural bait only, a resident of this State may obtain an annual
statewide streams, lakes, rivers, and reservoirs license for three
dollars, of which one dollar may be retained by the issuing agent. A
person violating this subsection, upon conviction, must be fined not
less than ten dollars nor more than twenty-five dollars.
(D) 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.
(E) 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.
(F) 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.
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."
SECTION 2. Section 50-11-2200 of the 1976 Code, as last amended
by Act 181 of 1993, is amended to read:
"Section 50-11-2200. It is unlawful to hunt deer on land
designated as wildlife management areas within three hundred yards
of a residence. Anyone violating the provisions of this section is
guilty of a misdemeanor and, upon conviction, must be fined not
more than two hundred dollars or imprisoned not more than thirty
days.
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."
SECTION 3. 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 9, Chapter 9 of Title
50."
SECTION 4. Sections 50-1-150, 50-1-170, 50-1-230, 50-11-2240,
and 50-13-1140 of the 1976 Code are repealed.
SECTION 5. This act takes effect July 1, 1996.
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