South Carolina Legislature Online

gather% found 4 times.

S*248

Session 114 (2001-2002)

S*0248(Rat #0098, Act #0070 of 2001)  General Bill, By Martin, Leventis, 
Gregory, Branton and Alexander
 A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE MARINE RESOURCES ACT, BY ADDING SECTION 50-5-1340 SO AS TO
 PROVIDE THAT IT IS UNLAWFUL TO USE CRAB POTS FOR COMMERCIAL PURPOSES IN LITTLE
 CHECHESSEE CREEK IN BEAUFORT COUNTY; TO AMEND SECTION 50-11-2200, AS AMENDED,
 RELATING TO WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF
 NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION,
 OPERATION, MAINTENANCE, AND USE OF WILDLIFE MANAGEMENT AREAS AND LAND OWNED BY
 THE DEPARTMENT; TO PROVIDE THAT HUNTING FISHING, BAG AND CREEL LIMITS, HIKING,
 ROCK CLIMBING, OPERATION OF MOTORIZED AND NONMOTORIZED VEHICLES, SWIMMING,
 CAMPING, HOSE RIDING, OPERATION OF BOATS, POSSESSION OF PETS, GATHERING
 PLANTS, USE OF FIRE, POLLUTING WATER, ACTING IN A DISORDERLY MANNER, AND
 OPERATING OR USING AUDIO DEVICES OR ANY OTHER NOISE PRODUCING DEVICES IN SUCH
 A MANNER TO DISTURB OTHER PERSONS ARE UNLAWFUL ON LAND OWNED BY THE
 DEPARTMENT; TO PROVIDE THAT THE DEPARTMENT MAY PROMULGATE REGULATIONS ALLOWING
 CERTAIN ACTIVITIES NOT INCONSISTENT WITH THE PROTECTION, PRESERVATION,
 OPERATION, MAINTENANCE, AND USE OF DEPARTMENT LANDS; TO PROVIDE THAT THE
 DEPARTMENT MAY ALSO PROMULGATE EMERGENCY REGULATIONS ALLOWING CERTAIN
 ACTIVITIES NOT INCONSISTENT WITH THE PROTECTION, PRESERVATION, OPERATION,
 MAINTENANCE, AND USE OF DEPARTMENT LANDS; AND TO PROVIDE PENALTIES FOR THE
 VIOLATION OF THIS SECTION.-AMENDED TITLE

   01/31/01  Senate Introduced and read first time SJ-10
   01/31/01  Senate Referred to Committee on Fish, Game and Forestry SJ-10
   03/22/01  Senate Committee report: Favorable Fish, Game and
                     Forestry SJ-29
   03/27/01  Senate Read second time
   03/27/01  Senate Ordered to third reading with notice of amendments SJ-9
   03/28/01  Senate Read third time and sent to House SJ-21
   03/29/01  House  Introduced and read first time HJ-15
   03/29/01  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-15
   05/17/01  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-1
   05/23/01  House  Requests for debate-Rep(s). Robinson and Simrill
   05/23/01  House  Amended HJ-31
   05/23/01  House  Requests for debate-Rep(s). Rice, Easterday,
                     Kirsh, Perry, Littlejohn, Sharpe, Ott, Clyburn,
                     Limehouse, JH Neal and Phillips HJ-33
   05/24/01  House  Requests for debate removed-Rep(s). Ott, Kirsh,
                     Littlejohn, Simrill, Perry, Robinson, Rice,
                     Easterday, Phillips and JH Neal HJ-34
   05/24/01  House  Amended HJ-34
   05/24/01  House  Read second time HJ-35
   05/24/01  House  Unanimous consent for third reading on next
                     legislative day HJ-35
   05/25/01  House  Read third time and returned to Senate with
                     amendments HJ-4
   05/29/01  Senate Concurred in House amendment and enrolled
   05/29/01  Senate Reconsidered
   05/30/01  Senate House amendment amended SJ-11
   05/30/01  Senate Returned to House with amendments SJ-11
   05/31/01  House  Concurred in Senate amendment and enrolled HJ-11
   06/05/01         Ratified R 98
   07/18/01         Signed By Governor
   08/06/01         See act for exception to or explanation of
                     effective date
   08/06/01         Copies available
   08/06/01         Act No. 70

VERSIONS OF THIS BILL

March 22, 2001
March 26, 2001
May 17, 2001
May 23, 2001
May 24, 2001
May 30, 2001

(A70, R98, S248)

AN ACT TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARINE RESOURCES ACT, BY ADDING SECTION 50-5-1340 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE CRAB POTS FOR COMMERCIAL PURPOSES IN LITTLE CHECHESSEE CREEK IN BEAUFORT COUNTY; TO AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND OWNED BY THE DEPARTMENT; TO PROVIDE THAT HUNTING, FISHING, BAG AND CREEL LIMITS, HIKING, ROCK CLIMBING, OPERATION OF MOTORIZED AND NONMOTORIZED VEHICLES, SWIMMING, CAMPING, HORSE RIDING, OPERATION OF BOATS, POSSESSION OF PETS, GATHERING PLANTS, USE OF FIRE, POLLUTING WATER, ACTING IN A DISORDERLY MANNER, AND OPERATING OR USING AUDIO DEVICES OR ANY OTHER NOISE PRODUCING DEVICES IN SUCH A MANNER TO DISTURB OTHER PERSONS ARE UNLAWFUL ON LAND OWNED BY THE DEPARTMENT; TO PROVIDE THAT THE DEPARTMENT MAY PROMULGATE REGULATIONS ALLOWING CERTAIN ACTIVITIES NOT INCONSISTENT WITH THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF DEPARTMENT LANDS; TO PROVIDE THAT THE DEPARTMENT MAY ALSO PROMULGATE EMERGENCY REGULATIONS ALLOWING CERTAIN ACTIVITIES NOT INCONSISTENT WITH THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF DEPARTMENT LANDS; AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION.

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

Establishment, lease, or purchase of wildlife management lands; unlawful actions and conduct; regulations for management of department lands; penalties

SECTION 1. Section 50-11-2200 of the 1976 Code, as last amended by Act 372 of 1996, is further amended to read:

"Section 50-11-2200. (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:

(1) if the former lessee executes a voluntary consent to the proposed wildlife management area lease;

(2) if the lessor cancels the lease; or

(3) to any lands which, during the twenty-four months before June 5, 1986, were in the game management area program. The department may establish open and closed seasons, bag limits, and methods for hunting and taking wildlife on all wildlife management areas.

(B) The department may promulgate regulations for the protection, preservation, operation, maintenance, and use of land owned by the department.

(C) The following acts or conduct are prohibited and shall be unlawful on all land owned by the department; provided, however, the department may promulgate regulations allowing any of the acts or conduct by prescribing acceptable times, locations, means, and other appropriate restrictions not inconsistent with the protection, preservation, operation, maintenance, and use of such lands:

(1) hunting or taking wildlife or fish during closed season;

(2) exceeding bag or creel limits;

(3) hunting or taking wildlife;

(4) hiking;

(5) rock climbing;

(6) operation of motorized and nonmotorized vehicles;

(7) swimming;

(8) camping;

(9) horse riding;

(10) operation of boats;

(11) possession of pets;

(12) gathering plants;

(13) use of fire, except by the department for management purposes;

(14) polluting or contaminating any water;

(15) acting in a disorderly manner or creating any noise which would result in annoyance to others;

(16) operating or using audio device, including radio, television, musical instruments, or any other noise producing devices, such as electrical generators, and equipment driven by motor engines, in such a manner and at such times as to disturb other persons and no person shall operate or use any public address system.

(D) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or be imprisoned for not more than thirty days, or both."

Commercial use of crab pots in Little Chechessee Creek in Beaufort County unlawful

SECTION 2. Chapter 5, Title 50 of the 1976 Code is amended by adding:

"Section 50-5-1340. It is unlawful to set or use a trap or basket commonly known as a 'crab pot' to catch crab for commercial purposes within Little Chechessee Creek in Beaufort County. Individuals may set two crab pots to catch crab for personal consumption and not for sale. "

Time effective; emergency regulations allowing certain acts or conduct on department lands

SECTION 3. (A) This act takes effect upon approval by the Governor, except that Section 50-11-2200(C) of the 1976 Code, as added by Section 1 of this act, takes effect when final regulations promulgated by the Department of Natural Resources become effective in accordance with the Administrative Procedures Act.

(B) Notwithstanding the provisions of subsection (A), the Department of Natural Resources may promulgate emergency regulations in accordance with the Administrative Procedures Act allowing any of the following acts or conduct on land owned by the department by prescribing acceptable times, locations, means, and other appropriate restrictions not inconsistent with the protection, preservation, operation, maintenance, and use of such lands: