S*0893(Rat #0239, Act #0209 of 2002)  General Bill, By Gregory
 A BILL TO AMEND SECTION 50-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE KILLING OF BEAR, SO AS TO DELETE THE EXISTING PROVISIONS
 AND PROVIDE FOR OPEN SEASON IN GAME ZONE ONE FOR STILL GUN AND PARTY DOG HUNTS
 AND TO PROVIDE THAT IN ALL OTHER ZONES THERE ARE NO OPEN SEASONS; TO REQUIRE
 THAT BEAR TAKEN BE REPORTED TO THE DEPARTMENT OF NATURAL RESOURCES' CLEMSON
 OFFICE; TO PROVIDE THAT IT IS UNLAWFUL TO TAKE A BEAR EXCEPT DURING OPEN
 SEASON; TO OTHERWISE RESTRICT THE TAKING, METHOD OF HUNTING, OR POSSESSION OF
 CERTAIN BEAR AND BEAR PARTS; AND TO PROVIDE PENALTIES.

   01/16/02  Senate Introduced and read first time SJ-10
   01/16/02  Senate Referred to Committee on Fish, Game and Forestry SJ-10
   02/06/02  Senate Committee report: Favorable Fish, Game and
                     Forestry SJ-23
   02/07/02  Senate Read second time SJ-10
   02/07/02  Senate Ordered to third reading with notice of
                     amendments SJ-10
   02/13/02  Senate Read third time and sent to House SJ-15
   02/14/02  House  Introduced and read first time HJ-14
   02/14/02  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-14
   04/03/02  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs HJ-6
   04/04/02  House  Read second time HJ-52
   04/04/02  House  Unanimous consent for third reading on next
                     legislative day HJ-56
   04/05/02  House  Read third time and enrolled HJ-10
   04/09/02         Scrivener's error corrected
   04/16/02         Ratified R 239
   04/22/02         Signed By Governor
   05/08/02         Effective date 04/22/02
   05/08/02         Copies available
   05/14/02         Act No. 209

AN ACT TO AMEND SECTION 50-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE KILLING OF BEAR, SO AS TO DELETE THE EXISTING PROVISIONS AND PROVIDE FOR OPEN SEASON IN GAME ZONE ONE FOR STILL GUN AND PARTY DOG HUNTS AND TO PROVIDE THAT IN ALL OTHER ZONES THERE ARE NO OPEN SEASONS; TO REQUIRE THAT BEAR TAKEN BE REPORTED TO THE DEPARTMENT OF NATURAL RESOURCES' CLEMSON OFFICE; TO PROVIDE THAT IT IS UNLAWFUL TO TAKE A BEAR EXCEPT DURING OPEN SEASON; TO OTHERWISE RESTRICT THE TAKING, METHOD OF HUNTING, OR POSSESSION OF CERTAIN BEAR AND BEAR PARTS; AND TO PROVIDE PENALTIES.

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

Open season, unlawful acts, and penalties relating to hunting bear in Game Zone One and possession of bear and bear parts

SECTION 1. Section 50-11-430 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-430. (A) The open season for taking bear in Game Zone One is:

(1) for still gun hunts: the third Monday in October through the following Saturday inclusive; for party dog hunts: the fourth Monday in October through the following Saturday inclusive. In all other zones there is no open season for taking bear;

(2) any bear taken must be reported to the department's Clemson office within the next business day of the time of taking.

(B) It is unlawful to:

(1) hunt, take, or attempt to take a bear except during the open season;

(2) hunt, take, or attempt to take bear except as allowed by this title;

(3) take more than one bear per person during still gun hunt season or more than three per party during party dog hunt season;

(4) take or attempt to take a bear of under one hundred pounds;

(5) take or attempt to take a sow bear with cubs;

(6) possess or transport a freshly killed bear or bear part except during the open season for hunting and taking bear;

(7) possess a captive bear except pursuant to a permit issued by the department;

(8) pursue bear with dogs; except during the open season for hunting and taking bear with dogs;

(9) hunt or take bear near bait or by the use or aid of bait.

(C) Each of the above acts is a violation of this section and is a separate offense.

(D) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than two years, or both. Hunting and fishing privileges of a person convicted under the provisions of this section must be suspended for three years. In addition, each person convicted of a violation of this section shall pay restitution to the department of not less than one thousand five hundred dollars for each bear or bear part which is the subject of a violation of this section.

(E) Party dog hunts may not exceed twenty-five participants and must register with the department."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 16th day of April, 2002.

Approved the 22nd day of April, 2002.