S*0894(Rat #0240, Act #0210 of 2002)  General Bill, By Gregory
 A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-544 SO AS TO
 PROVIDE THAT A PERSON WHO HUNTS WILD TURKEYS IS REQUIRED TO POSSESS A SET OF
 WILD TURKEY TRANSPORTATION TAGS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES;
 TO AMEND SECTION 50-11-500, AS AMENDED, RELATING TO WILD TURKEY, SO AS TO
 DELETE CERTAIN OBSOLETE PROVISIONS AND PROVIDE THAT IT IS UNLAWFUL FOR A
 PERSON TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY WITH A RIFLE, PISTOL,
 BUCKSHOT, OR SHOTGUN SLUG; TO AMEND SECTION 50-11-530, AS AMENDED, RELATING TO
 THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING, SO AS TO
 DELETE THE BAG LIMIT FOR TURKEYS IN GAME ZONES 6 AND 11; TO AMEND SECTION
 50-11-540, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING RULES APPLICABLE TO
 WILD TURKEY HUNTING, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO
 FORFEITURE, TO PROVIDE FOR RESTITUTION TO THE DEPARTMENT FOR WILD TURKEYS
 TAKEN UNLAWFULLY AND FOR FORFEITURE OF HUNTING AND FISHING LICENSES FOR
 PERSONS CONVICTED OF TAKING A WILD TURKEY ILLEGALLY; AND TO AMEND SECTION
 50-11-560, AS AMENDED, RELATING TO OPEN SEASON FOR MALE WILD TURKEY IN GAME
 ZONES 6 AND 11 SO AS TO PROVIDE THAT MALE WILD TURKEY MAY BE HUNTED FROM MARCH
 FIFTEENTH TO MAY FIRST IN GAME ZONES 6 AND 11, AND IN ALL OTHER GAME ZONES AS
 PROMULGATED AND PUBLISHED BY THE DEPARTMENT.

   01/16/02  Senate Introduced and read first time SJ-11
   01/16/02  Senate Referred to Committee on Fish, Game and Forestry SJ-11
   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
   02/14/02  Senate Read third time and sent to House
   02/19/02  House  Introduced and read first time HJ-11
   02/19/02  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-11
   04/03/02  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs HJ-6
   04/10/02  House  Read second time HJ-30
   04/11/02  House  Read third time and enrolled HJ-7
   04/16/02         Ratified R 240
   04/22/02         Signed By Governor
   05/08/02         Effective date 04/22/02
   05/08/02         Copies available
   05/14/02         Act No. 210

AN ACT TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-544 SO AS TO PROVIDE THAT A PERSON WHO HUNTS WILD TURKEYS IS REQUIRED TO POSSESS A SET OF WILD TURKEY TRANSPORTATION TAGS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 50-11-500, AS AMENDED, RELATING TO WILD TURKEY, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS AND PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY WITH A RIFLE, PISTOL, BUCKSHOT, OR SHOTGUN SLUG; TO AMEND SECTION 50-11-530, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING, SO AS TO DELETE THE BAG LIMIT FOR TURKEYS IN GAME ZONES 6 AND 11; TO AMEND SECTION 50-11-540, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING RULES APPLICABLE TO WILD TURKEY HUNTING, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO FORFEITURE, TO PROVIDE FOR RESTITUTION TO THE DEPARTMENT FOR WILD TURKEYS TAKEN UNLAWFULLY AND FOR FORFEITURE OF HUNTING AND FISHING LICENSES FOR PERSONS CONVICTED OF TAKING A WILD TURKEY ILLEGALLY; AND TO AMEND SECTION 50-11-560, AS AMENDED, RELATING TO OPEN SEASON FOR MALE WILD TURKEY IN GAME ZONES 6 AND 11 SO AS TO PROVIDE THAT MALE WILD TURKEY MAY BE HUNTED FROM MARCH FIFTEENTH TO MAY FIRST IN GAME ZONES 6 AND 11, AND IN ALL OTHER GAME ZONES AS PROMULGATED AND PUBLISHED BY THE DEPARTMENT.

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

Wild turkey transportation tags required

SECTION 1. Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-544. A person who hunts wild turkeys is required to possess a set of wild turkey transportation tags issued by the department at no cost. All turkeys taken must be tagged before being moved from the point of kill. All turkeys taken must be checked at an official check station on the day of take. No person may obtain or possess more than one set of turkey tags."

Provisions applicable to wild turkey

SECTION 2. Section 50-11-500 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-500. (1) It is unlawful for a person to rob any wild turkey nest or own, possess, control, sell, or otherwise dispose of wild turkey eggs unless the possession of the eggs is authorized by permit issued by the department under the provisions of Section 50-11-1180.

(2) It is unlawful for a person to trap or snare any wild turkey.

(3) It is unlawful for a person to hunt, kill, or possess female wild turkeys at any time unless the department sets special open seasons for their taking.

(4) It is unlawful for a person to buy, sell, offer for sale, barter, or have in possession for sale any wild turkeys.

(5) It is unlawful for a person to release in the wild any pen-raised wild turkey unless that person is granted a permit to do so by the department. These permits are made after the department has caused a thorough study of the area on which pen-raised turkeys are to be released. The release of these turkeys is to take place under the supervision of department personnel. No pen-raised turkey may be released for any purpose unless it has been examined for parasites or disease and the release approved by the department not less than thirty days before the date of its release.

(6) It is unlawful for a person to shoot any wild turkey between thirty minutes after official sunset and thirty minutes before official sunrise.

(7) It is unlawful for a person to take or attempt to take a wild turkey with a rifle, pistol, buckshot, or shotgun slug.

(8) It is unlawful for a person to take or attempt to take a wild turkey from a vehicle on a public road."

Authority of department to regulate wild turkey hunting

SECTION 3. Section 50-11-530 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-530. The department may, at its discretion, prescribe methods by which turkeys may be taken in each game zone and may fix the specific areas of the zones in which turkeys have become numerous enough to be harvested. The department may designate the sex of the turkeys that may be taken and may prescribe any other regulations considered necessary and expedient for the proper control of the harvesting of turkeys in the zones."

Penalties for violating rules applicable to wild turkey hunting; forfeiture procedures

SECTION 4. Section 50-11-540 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-540. Any person taking, attempting to take, or having in his possession turkey illegally or taking, attempting to take, or killing turkey in any way not prescribed by the department is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for not more than thirty days. In addition, a person taking a wild turkey unlawfully must make restitution to the department in the amount of five hundred dollars for each bird taken. In addition, a person convicted of taking a wild turkey illegally forfeits hunting and fishing privileges for one year for each bird taken."

Open seasons for hunting wild turkey

SECTION 5. Section 50-11-560 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-560. In Game Zones 6 and 11 male wild turkeys, gobblers, may be hunted from March fifteenth to May first. In all other game zones, the season for hunting male wild turkeys, gobblers, is as promulgated and published by the department."

Time effective

SECTION 6. This act takes effect upon approval by the Governor.

Ratified the 16th day of April, 2002.

Approved the 22nd day of April, 2002.