H*4478(Rat #0439, Act #0386)  General Bill, By J.J. Snow, Inabinett, Law and 
Riser
 A Bill to amend Section 50-9-1020, as amended, Code of Laws of South Carolina,
 1976, relating to the point system used to suspend hunting and fishing
 privileges, so as to include hunting, taking, possessing, or selling
 alligators; to amend Section 50-15-60, as amended, relating to the cost of
 programs established within the Natural Resources Department, so as to provide
 for the establishment of fees for participation in the Alligator Control and
 Management Program and to require applications to participate by May first; to
 amend Section 50-15-80, as amended, relating to penalties pertaining to
 nongame wildlife, so as to revise the provisions for alligators to include the
 hunting, taking, and shipping of them and delete the references to exporting,
 transporting, or receiving for shipment; and to repeal Section 50-1-120,
 relating to the violations of fish and game laws.-amended title

   01/12/94  House  Introduced and read first time HJ-17
   01/12/94  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-17
   03/02/94  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-2
   03/30/94  House  Amended HJ-86
   03/30/94  House  Read second time HJ-89
   03/30/94  House  Unanimous consent for third reading on next
                     legislative day HJ-89
   03/31/94  House  Read third time and sent to Senate HJ-2
   04/05/94  Senate Introduced and read first time SJ-5
   04/05/94  Senate Referred to Committee on Fish, Game and Forestry SJ-5
   04/21/94  Senate Committee report: Favorable with amendment Fish,
                     Game and Forestry SJ-31
   04/26/94  Senate Amended SJ-55
   04/26/94  Senate Read second time SJ-55
   04/27/94  Senate Read third time and returned to House with
                     amendments SJ-36
   04/28/94  House  Concurred in Senate amendment and enrolled HJ-295
   05/04/94         Ratified R 439
   05/10/94         Signed By Governor
   05/10/94         Effective date 07/01/94
   05/23/94         Copies available

AN ACT TO AMEND SECTION 50-9-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM USED TO SUSPEND HUNTING AND FISHING PRIVILEGES, SO AS TO INCLUDE HUNTING, TAKING, POSSESSING, OR SELLING ALLIGATORS; TO AMEND SECTION 50-15-60, AS AMENDED, RELATING TO THE COST OF PROGRAMS ESTABLISHED WITHIN THE NATURAL RESOURCES DEPARTMENT, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF FEES FOR PARTICIPATION IN THE ALLIGATOR CONTROL AND MANAGEMENT PROGRAM AND TO REQUIRE APPLICATIONS TO PARTICIPATE BY MAY FIRST; TO AMEND SECTION 50-15-80, AS AMENDED, RELATING TO PENALTIES PERTAINING TO NONGAME WILDLIFE, SO AS TO REVISE THE PROVISIONS FOR ALLIGATORS TO INCLUDE THE HUNTING, TAKING, AND SHIPPING OF THEM AND DELETE THE REFERENCES TO EXPORTING, TRANSPORTING, OR RECEIVING FOR SHIPMENT; AND TO REPEAL SECTION 50-1-120, RELATING TO THE VIOLATIONS OF FISH AND GAME LAWS.

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

Point system applied to hunting, taking, possessing, and selling alligators

SECTION 1. Section 50-9-1020 of the 1976 Code, as last amended by Section 1261, Act 181 of 1993, is further amended to read:

"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.

(3) Fishing violations: trapping, netting, or seining game fish illegally: 10."

Alligator Control and Management Program; fees; applications

SECTION 2. Section 50-15-60 of the 1976 Code, as last amended by Section 1264, Act 181 of 1993, is further amended to read:

"Section 50-15-60. (A) The costs of programs established under this chapter must be borne by the general fund and must be included in the annual appropriations act. However, the department shall issue permits, at a cost of thirty-five dollars each, for the sale of alligator products and establish fees for participation in the Alligator Control and Management Program for applications for alligator control agents, trappers, and licenses, landowner participation, hide validations, and meat sales. The department shall collect the proceeds from the sale of permits and alligator products for the costs of administering the Alligator Control and Management Program. These funds must be deposited to the credit of the Wildlife Protection Fund of the State Treasury and administered according to Section 50-1-150.

(B) Landowners or lessees of at least one hundred acres of occupied alligator habitat shall apply annually by May first to participate in the Alligator Control and Management Program."

Alligator violations revised

SECTION 3. Section 50-15-80 of the 1976 Code, as last amended by Section 1264, Act 181 of 1993, is further amended to read:

"Section 50-15-80. (A) A person who violates Section 50-15-30(c) or regulations promulgated pursuant to Section 50-15-30 or a person who fails to procure or violates the terms of a permit issued under the regulations is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both.

(B) A person who violates Section 50-15-40(c) or regulations promulgated pursuant to it or a person who fails to procure or violates the terms of a permit issued under Section 50-15-50(d) and (e) is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars or imprisoned not more than one year, or both.

(C) An enforcement officer employed and authorized by the department or a police officer of the State or a municipality or county within the State may conduct searches as provided by law and execute a warrant to search for and seize equipment, business records, merchandise, or wildlife taken, used, or possessed in connection with a violation of this chapter. The officer or agency, without a warrant, may arrest a person who the officer or agent has probable cause to believe is violating, in his presence or view, the chapter or a regulation or permit provided for by it. An officer or agent who has made an arrest of a person in connection with a violation may search the person or business records at the time of arrest and seize wildlife, records, or property taken or used in connection with the violation.

(D) Equipment, merchandise, wildlife, or records seized under subsection (C) must be held by an officer or agent of the department pending disposition of court proceedings and forfeited to the State for destruction or disposition as the board considers appropriate. Before forfeiture the board may direct the transfer of wildlife seized to a qualified zoological, educational, or scientific institution for safekeeping. The costs of the transfer are assessable to the defendant. The department may promulgate regulations to implement this subsection.

(E) A person who violates regulations promulgated pursuant to Section 50-15-30 governing hunting, taking, possessing, storing, transporting, processing, selling, offering for sale, or shipping of an American alligator (Alligator mississippiensis) or parts or products of an alligator or a common or contract carrier who knowingly violates the regulations, upon conviction, must be fined not less than one thousand nor more than five thousand dollars or imprisoned not more than one year."

Repeal

SECTION 4. Section 50-1-120 of the 1976 Code is repealed.

Time effective

SECTION 5. This act takes effect July 1, 1994.

Approved the 10th day of May, 1994.