H 3976 Session 111 (1995-1996)
H 3976 General Bill, By Witherspoon
A Bill to amend Chapter 9, Title 50, as amended, Code of Laws of South
Carolina, 1976, 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 amend Section 50-11-2200, as amended, relating to
the prohibition on hunting deer on 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 50-11-2240 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.
04/11/95 House Introduced and read first time HJ-4
04/11/95 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-4
A BILL
TO AMEND CHAPTER 9, TITLE 50, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, 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 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
50-11-2240 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. Chapter 9, Title 50 of the 1976 Code as last
amended by Acts 386, 473, and 495 of 1994, is further amended to
read:
"Chapter 9
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, 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
eight dollars and fifty cents.
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
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 50-9-510. 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
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
to be used by the department in suspending hunting and fishing
privileges of those persons participating in those activities within
this State:
Violation Points
1. COMMON VIOLATIONS
(a) Resisting arrest by the use of force, violence, or weapons
against the person or any employee of the department while
engaged in his duties, any law enforcement officer aiding in the
work of the department or any federally commissioned employee
engaged in like or similar employment. .18
(b) Attempting escape after lawful arrest14
(c) Hunting or fishing in a state sanctuary at any time14
(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 any illegal manner not mentioned
specifically elsewhere in this section . 8
(g) Using a borrowed or altered hunting or fishing license10
(h) Taking more than the legal limit of game or fish8
(i) Hunting or fishing without a license in possession6
(j) Trespassing to hunt, fish, or trap .10
(k) Violating Game Management area regulations8
No points shall be assessed by authority of item (f) for fish taken
on the seaward side of the saltwater-freshwater dividing lines as
provided in Sec. 50-17-30.
2. HUNTING VIOLATIONS
(a) Killing or attempting to kill or molest deer from a motorboat14
(b) Night hunting deer or bear . . . . .18
(c) Illegal transportation of furs or hides and possession of untagged
hides. . . . . . . . . . . . . . . . . .10
(d) Trapping quail or wild turkeys . . .10
(e) Hunting over bait. . . . . . . . . . 8
(f) Killing or possession of 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) Buckshot in possession illegally . . 5
(i) Unplugged gun in possession while hunting--violation of Sec.
50-11-10 of the 1976 Code. . . . . . . . 4
(j) Killing or possessing of male wild turkeys (gobblers) during the
closed season and killing or possessing wild turkey hens except as
expressly provided by law. . . . . . . .18
(k) Roost shooting of 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 season15
(r) Taking more than one waterfowl over the legal limit15
3. FISHING VIOLATIONS
Trapping, netting, or seining game fish illegally10
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. Notwithstanding other provisions of law, it is
unlawful to hunt, fish, or take fish or wildlife without obtaining a
license and applicable permits 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 one
hundred 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. 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 accredited 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.
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
convicted of 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 immediately forfeits his
hunting and fishing privileges for one year from the date of
conviction.
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 immediately forfeits all hunting
and fishing privileges for one year from the date of conviction.
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 59-9-340. 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 59-9-510. 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 twenty-two dollars, of which one dollar may be retained
by the issuing agent.
(4) For the privilege of hunting and fishing throughout South
Carolina, including the privileges of hunting big game 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.
Funds derived from the sale of wildlife management area permits
must be retained by the department and used exclusively for the
management and the procurement of wildlife management area
lands.
(14) The department may issue permits for access to
department property for not more than five dollars and fifty cents.
Holders of wildlife management area permits are not required to
have access permits for department property. Funds derived from
the sale of these permits must be retained by the department.
(15) 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.
(16) A resident of South Carolina who has attained the age of
sixty-five years may obtain a statewide lifetime combination
hunting and fishing license for nine dollars from the department at
its Columbia office. This license includes the privilege of hunting
big game and state migratory waterfowl and of saltwater fishing.
(17) 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 for nine dollars. 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.
(18) For the privilege of hunting on licensed shooting
preserves, a person shall purchase a statewide shooting preserve
license for specified released species only for not more than eight
dollars and fifty cents.
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 ninety dollars;
(2) Type B which is available only to an individual under
sixteen years of age: five hundred sixteen dollars;
(3) Type C which is available only to an individual sixteen
years of age or older: six hundred forty-five 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.
(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 in
streams, lakes, rivers, and reservoirs with nonmanufactured tackle
and natural bait only, a resident of this State who has attained the
age of sixty-five years may obtain a lifetime statewide streams,
lakes, rivers, and reservoirs fishing license from the department at
its Columbia office for three dollars.
(F) 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.
(G) 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 one day 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 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) Revenue generated from the sale of other licenses and
permits except revenue from the sale of licenses and permits
pursuant to Chapter 17 of this title 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 50-9-930. 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 apprehension; interference with an officer;
attempting escape after arrest; assisting or aiding in the escape of an
arrested individual; resisting arrest; or obstructing justice: 18;
(b) hunting, fishing, or trapping in a state sanctuary at any
time: 14;
(c) hunting, fishing, or trapping out of season or illegally
possessing or transporting game or fish: 10;
(d) buying, selling, offering for sale, or bartering a
protected or regulated animal or its parts in violation of a state or
federal law or regulation: 14;
(e) violating a provision of Title 50, except Chapters 21
and 23, not specifically mentioned in this section; or violating a
department regulation not specifically mentioned 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;
(f) lending, borrowing, or altering a license, stamp,
permit, or tag: 10;
(g) hunting, fishing, or trapping without a license, permit,
stamp, or tag in possession: 6;
(h) fraudulently obtaining or attempting to obtain a license,
permit, stamp, or tag: 18;
(i) trespassing to hunt, fish, or trap: 10;
(j) violating state or federal law or regulations pertaining
to endangered or threatened species: 14;
(2) Hunting violations:
(a) hunting, taking, attempting to take, or molesting deer
from a water conveyance or while any part of the deer is in the
water: 18;
(b) night hunting deer: 18;
(c) illegally transporting furs or hides or possessing
untagged hides: 10;
(d) trapping quail or wild turkeys: 10;
(e) taking or possessing antlerless deer, except as expressly
provided by law: 14;
(f) possessing prohibited ammunition or an unplugged gun: 4;
(g) 1. taking or possessing a wild turkey during the
closed season: 18;
2. taking or possessing a wild turkey hen during the
spring gobbler season: 14;
(h) taking wild turkeys during prohibited hours: 18;
(i) taking wild turkeys over bait: 18;
(j) hunting wild turkeys over bait: 10;
(k) trespassing to hunt waterfowl: 18;
(l) hunting or taking waterfowl over bait: 10;
(m) hunting waterfowl out of season: 15;
(n) taking two or more waterfowl over the legal limit: 15;
(o) shining while in possession of prohibited firearms and
ammunition: 18;
(p) violating regulations protecting bear: 18;
(q) illegally possessing, taking, or attempting to take
raccoons during the season for hunting without weapons: 14;
(3) Fishing violations:
(a) taking game fish with prohibited devices: 10;
(b) fishing with more than the allowed number of devices:
4.
Section 50-9-1130. Each time a person is convicted by a court
of law 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 receives 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 than 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
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 his privileges are
suspended, and the licensee shall return the license to the
department within ten days.
(B) The licensee, within ten days after notice of suspension,
may make a written request for a review of the suspension. Upon
receipt of the request, the department shall transmit the record to
the Administrative Law Judge Division for review.
(C) The suspension must be held in abeyance until the day of
final disposition of the review by the Administrative Law Judge
Division. If the suspension is upheld, it begins the thirty-first day
after final disposition and ends the same day the following year.
The review by the division is limited to a review of the
administrative record.
(D) An appeal from the decision of the Administrative Law
Judge Division must be directed to the circuit court in the county in
which the appellant resides and heard in accordance with Section
1-23-380.
Section 50-9-1160. After the expiration of the period of
suspension, a person's record must be cleared of points, and the
person starts anew with no points.
Section 50-9-1170. The department shall administer and enforce
this article and may promulgate regulations necessary for its
administration not inconsistent with this 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 50-9-1180. Nothing in this article affects the action
of the department in suspending, revoking, or canceling a license
when the action is mandatory under another law of this State.
Section 50-9-1190. A person who hunts or fishes while under
suspension is guilty of a misdemeanor and, upon conviction, must
be fined not less than five hundred nor more than one thousand
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 50-9-1200. 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.
(A) 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 if the former lessee
executes a voluntary consent to the proposed wildlife management
area lease or the lessor cancels the lease or to any lands which,
during the twenty-four months before June 5, 1986, were in the
game management area program.
(B) Notwithstanding other provisions of law, the board has
discretionary authority to set seasons, bag limits, hours, areas, and
methods for hunting and taking wildlife and fish and to set user
restrictions on wildlife management areas and department property
only and not private property. Action taken by the board pursuant
to this section is effective upon approval by the board, must be
published annually in the State Register before October second, and
must be forwarded to the appropriate standing committees of the
Senate and the House of Representatives. At the next regular
session of the General Assembly, the appropriate standing
committees by a three-fourths majority of the members of either
committee may vote to disapprove action taken by the board
pursuant to this section.
(C) It is unlawful to hunt, fish, or take fish or wildlife on
wildlife management area land or department property or use
wildlife management areas or department property except as
permitted by the board. A person violating this section is guilty of
a misdemeanor and, upon conviction, must be fined not less than
one hundred nor more than five hundred dollars or imprisoned not
more than thirty days."
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, 50-11-2240, and 50-13-1140 of
the 1976 Code are repealed.
SECTION 5. This act takes effect July 1, 1995.
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