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Bill Number: 1202 Ratification Number: 511 Act Number 461 Introducing Body: Senate Subject: Jurisdiction of conservation officers of the Department of Wildlife and Marine Resources
(A461, R511, S1202)
AN ACT TO AMEND SECTIONS 50-3-410, 51-1-60, AND 51-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF CONSERVATION OFFICERS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES AND REGULATIONS OF FISHING IN LAKES, PONDS, AND OTHER WATERS WHOLLY WITHIN STATE PARKS, SO AS TO GIVE JURISDICTION TO CONSERVATION OFFICERS TO ENFORCE PROVISIONS OF TITLE 50, LITTER AND TRESPASS STATUTES AND REGULATIONS OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM RELATING TO FISHING IN LAKES, PONDS, AND OTHER WATERS WHOLLY WITHIN STATE PARKS.
Be it enacted by the General Assembly of the State of South Carolina:
Charging of violators of Parks, Recreation and Tourism Department and fish and game laws or regulations
SECTION 1. Section 50-3-410 of the 1976 Code is amended to read:
"Section 50-3-410. When a person is apprehended by a conservation officer upon a charge of violating any provision of this title or littering or trespass prohibition statutes or regulations posted by the Department of Parks, Recreation and Tourism regarding the use of lakes, ponds, and other waters located wholly within state parks, the person charged, upon being served with an official summons, may deposit with the apprehending conservation officer money as bail, not less than the minimum nor more than the maximum fine, not to exceed two hundred dollars, in lieu of a recognizance for his appearance for trial or being incarcerated. A receipt for the sum deposited must be given to the person by the conservation officer. The summons gives the court jurisdiction to dispose of the matter. Upon receipt of the bail money, the conservation officer may release the person to appear before the proper judicial officer at a time stated in the summons. "
Parks, Recreation and Tourism - regulations concerning fishing and hunting
SECTION 2. The first paragraph of Section 51-1-60 of the 1976 Code is amended to read:
"The commission may contract, be contracted with, use a common seal, and make and adopt regulations. No regulation may be promulgated affecting hunting and fishing except as provided in Section 51-3-145. The commission may accept gifts and acquire by gift, purchase, or otherwise real estate and other property, but no real estate may be purchased or disposed of by the commission except on approval of the State Budget and Control Board. The commission shall keep accurate records showing in full the receipts and disbursements and the records must be open at any reasonable time to inspection by the public. The commission shall submit annually to the General Assembly and the Budget and Control Board reports the board requires."
Fishing in waters wholly within state parks
SECTION 3. Section 51-3-145 of the 1976 Code is amended by adding:
"(R) No person shall take fish from a lake, pond, or other waters wholly located within the boundary of a state park except in accordance with methods, limits, and times permitted by the department. The methods, limits, and times must be published and displayed in a conspicuous manner to provide notice to the visiting public."
SECTION 4. This act takes effect upon approval by the Governor.