H 3760 General Bill, By J.J. Snow
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 50-1-5 so as to define terms relating to fish, game, and watercraft and by
 adding Section 50-3-75 so as to provide requirements for the Wildlife and
 Marine Resources Department to carry out its responsibilities; to amend
 Section 50-15-50, relating to programs established by the Wildlife and Marine
 Resources Commission to manage nongame and endangered wildlife, so as to
 delete the authorization for the Commission to enter into agreements to manage
 nongame or endangered wildlife and delete the authorization for certain
 regulations; to repeal Sections 50-1-190, 50-3-80, 50-5-130, 50-11-520,
 50-11-860, 50-11-875, 50-11-880, 50-11-883, 50-11-890, 50-11-900, 50-11-910,
 50-11-920, 50-11-1050, 50-11-1070, 50-11-1080, 50-11-1090, 50-11-1120,
 50-11-1130, 50-11-1150, 50-11-1160, 50-11-1170, 50-13-1950, 50-13-1960,
 50-13-1970, 50-13-1980, 50-15-70, 50-21-40, 50-21-50, 50-21-610, and
 50-21-1010 and Chapter 25 of Title 50 relating to boating and wildlife
 conservation, and to direct the Code Commissioner to change certain references
 relating to the fish and game laws.

   03/23/93  House  Introduced and read first time HJ-13
   03/23/93  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-13

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-5 SO AS TO DEFINE TERMS RELATING TO FISH, GAME, AND WATERCRAFT AND BY ADDING SECTION 50-3-75 SO AS TO PROVIDE REQUIREMENTS FOR THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO CARRY OUT ITS RESPONSIBILITIES; TO AMEND SECTION 50-15-50, RELATING TO PROGRAMS ESTABLISHED BY THE WILDLIFE AND MARINE RESOURCES COMMISSION TO MANAGE NONGAME AND ENDANGERED WILDLIFE, SO AS TO DELETE THE AUTHORIZATION FOR THE COMMISSION TO ENTER INTO AGREEMENTS TO MANAGE NONGAME OR ENDANGERED WILDLIFE AND DELETE THE AUTHORIZATION FOR CERTAIN REGULATIONS; TO REPEAL SECTIONS 50-1-190, 50-3-80, 50-5-130, 50-11-520, 50-11-860, 50-11-875, 50-11-880, 50-11-883, 50-11-890, 50-11-900, 50-11-910, 50-11-920, 50-11-1050, 50-11-1070, 50-11-1080, 50-11-1090, 50-11-1120, 50-11-1130, 50-11-1150, 50-11-1160, 50-11-1170, 50-13-1950, 50-13-1960, 50-13-1970, 50-13-1980, 50-15-70, 50-21-40, 50-21-50, 50-21-610, AND 50-21-1010 AND CHAPTER 25 OF TITLE 50 RELATING TO BOATING AND WILDLIFE CONSERVATION, AND TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES RELATING TO THE FISH AND GAME LAWS.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 50-1-5. As used in this title:

(1) `Department' means the South Carolina Wildlife and Marine Resources Department.

(2) `Commission' means the South Carolina Wildlife and Marine Resources Commission.

(3) `Executive director' means the Executive Director of the department.

(4) `Taking' means shooting, wounding, killing, catching, or taking into possession fish or wildlife.

(5) `Restocked fish and wildlife' means species of fish and wildlife whose numbers have been depleted in an area and which have been reintroduced into that area under the supervision of the department.

(6) `Restocked area' means an area of the State where restocked fish or wildlife have been reintroduced and need special management to ensure the continued reproduction of that species.

(7) `Fish and wildlife sanctuary' means an area of the State where hunting, taking, or disturbing fish or wildlife is prohibited or limited and where no fish or wildlife may be taken or disturbed except by special permit from the department.

Section 50-3-75. The South Carolina Wildlife and Marine Resources Department is the state agency which has jurisdiction over and responsibility for the protection, propagation, management, and promotion of this State's fish, wildlife, and marine resources and other natural resources given to it by law. In furtherance of these purposes the department shall:

(1) protect, manage, and promote the fish, wildlife, and marine resources of the State;

(2) enforce the fish, wildlife, and marine conservation statutes, boating statutes, and the regulations which implement the statutes;

(3) issue titles and registrations for watercraft and outboard motors, establish temporary and permanent `no wake' or reduced speed zones for boating, and establish temporary special use areas for water activities such as regattas, fishing tournaments, or water skiing contests;

(4) permit the taking of fish, wildlife, and marine life for humane or scientific purposes or when in the professional judgment of the department the action is necessary for the protection, propagation, or management of a species;

(5) regulate shooting preserves and special sporting events involving hunting or taking of wildlife;

(6) protect and manage endangered or threatened species;

(7) institute or defend actions in state or federal courts in its own name or in the name of the State in furtherance of its responsibilities. No bond is required of the department as a condition for action by the courts;

(8) enter into agreements with entities of this State, other states, the United States, and private entities in furtherance of its responsibilities;

(9) establish fish and wildlife management areas, protect state controlled fish, wildlife, and marine resource habitat, and encourage private landowners to protect and manage fish, wildlife, and marine resource habitat;

(10) set seasons, bag limits, and methods for hunting and taking wildlife on wildlife management areas and for fishing on wildlife management areas;

(11) set seasons, bag limits, and methods of hunting and taking species of restocked wildlife and of fishing for species of restocked fish on restocked areas of the State;

(12) establish fish and wildlife sanctuaries;

(13) advise the General Assembly on the status of the State's natural resources for which the department has jurisdiction and on legislation and other action necessary for the furtherance of the department's duties and responsibilities;

(14) promulgate regulations."

SECTION 2. Section 50-15-50 of the 1976 Code is amended to read:

"Section 50-15-50. (A) The commission shall establish such programs, including acquisition of land or aquatic habitat, as are deemed necessary for management of nongame and endangered wildlife. The commission shall utilize all authority vested in the department to carry out the purposes of this section.

(b) In carrying out programs authorized by this section, the Commission may enter into agreements with Federal agencies, political subdivisions of the State, or with private persons for administration and management of any area established under this section or utilized for management of nongame or endangered wildlife.

(c)(B) The Governor shall encourage other state and federal agencies to utilize their authorities in furtherance of the purposes of this section.

(d)(C) The commission may permit, under such terms and conditions as may be prescribed by regulation, the taking, possession, transportation, exportation, or shipment of species or subspecies of wildlife which appear on the state list of endangered species, on the United States' List of Endangered Native Fish and Wildlife, as amended and accepted in accordance with Section 50-15-40(d), or on the United States' List of Endangered Foreign Fish and Wildlife, as such the list may be modified hereafter, for scientific, zoological, or educational purposes, for propagation in captivity of such the endangered wildlife, or for other special purposes.

(e)(D) Upon good cause shown, and where necessary to alleviate damage to property or to protect human health, endangered species may be removed, captured, or destroyed but only pursuant to permit issued by the commission and, where possible, by or under the supervision of an agent of the department; provided, that. Endangered species may be removed, captured, or destroyed without permit by any a person in emergency situations involving an immediate threat to human life. Provisions for removal, capture, or destruction of nongame wildlife for the purposes set forth above shall be set forth in regulations issued by the Commission pursuant to Section 50-15-30(a)."

SECTION 3. Sections 50-1-190, 50-3-80, 50-5-130, 50-11-520, 50-11-860, 50-11-875, 50-11-880, 50-11-883, 50-11-890, 50-11-900, 50-11-910, 50-11-920, 50-11-1050, 50-11-1070, 50-11-1080, 50-11-1090, 50-11-1120, 50-11-1130, 50-11-1150, 50-11-1160, 50-11-1170, 50-13-1950, 50-13-1960, 50-13-1970, 50-13-1980, 50-15-70, 50-21-40, 50-21-50, 50-21-610, and 50-21-1010 of the 1976 Code and Chapter 25 of Title 50 are repealed.

SECTION 4. The South Carolina Code Commissioner, when appropriate, shall change references in the 1976 Code from:

(1) "game warden" to "conservation office";

(2) "Division of Game" to "Division of Wildlife and Freshwater Fisheries";

(3) "Division of Coastal Fisheries" to "Division of Marine Resources".

SECTION 5. This act takes effect upon approval by the Governor.