Names revised
SECTION 1257. Chapter 1, Title 50 of the 1976 Code is amended to read:
"CHAPTER 1
General Provisions
Section 50-1-5. For the purposes of Title 50, unless the context clearly indicates otherwise,: (1) `Board' means the governing body of the department. (2) `Department' means the South Carolina Department of Natural Resources. (3) `Director' means the administrative head of the department, appointed by the board. (4) `Enforcement officer' means an enforcement officer of the Natural Resources Enforcement Division of the department.
Section 50-1-10. All wild birds, wild game, and fish, except fish in strictly private ponds and lakes and lakes entirely segregated from other waters or held and grown in bonafide aquaculture operations are the property of the State.
Section 50-1-20. The word `hunters' in the game laws of this State providing punishment shall not be construed so as to include persons who, without guns, assist others with dogs and horses or in the finding or retrieving of birds nor shall any such activity be deemed to constitute `hunting' within the meaning of such laws.
Section 50-1-30. For the purpose of Chapters 1 through 19 of this title the following classifications shall be recognized: (1) Game birds.--morning dove, bob white quail, ruffed grouse, wild turkey, Wilson snipe, woodcock, the Anatidae (commonly known as goose, brant, and duck), and the Rallidae (commonly known as marsh hen, coot, gallinule, and rail). (2) English sparrow, pigeon, and starling. These birds are unprotected by South Carolina law. (3) Nongame birds.--All native birds not named in items (1) and (2) of this section are nongame birds and shall not be destroyed in any manner at any time, except as otherwise provided by law. (4) `Game animals'. Beaver, black bear, bobcat, white-tailed deer, fox, mink, muskrat, opossum, otter, rabbit, raccoon, skunk, squirrel, and weasel. (5) Game fish. Bream: bluegill, redear or shellcracker or government bream, copperface or bald bream, redbreast, pumpkinseed or redeye bream, green sunfish, longear sunfish, orangespotted sunfish, stumpknocker, warmouth or flyer; blackbass; largemouth bass, smallmouth bass or coosae bass; striped bass or rockfish; white bass; hybrid striped bass-white bass; crappie; walleye or sauger; jackfish, pickerel or redfin trout; rainbow, brown or brook trout; yellow perch and Virginia or white perch (Morone Americana).
Section 50-1-40. All species of the pheasants and the francolins that have been stocked or may be released by the department are hereby classified as game birds in this State, along with any other game bird species that the department may select for release in this State; provided, that any such species that may not adapt itself to environmental conditions in this State after extensive trial may be removed from the game bird list.
Section 50-1-60. The State is divided for the purpose of game into eleven zones: (1) The first zone shall comprise the counties of Greenville, Oconee and Pickens; (2) The second zone shall comprise the counties of Abbeville, Anderson, Edgefield, Greenwood, Laurens, McCormick, Newberry and Saluda; (3) The third zone shall comprise the counties of Aiken, Calhoun, Lexington and Richland; (4) The fourth zone shall comprise the counties of Cherokee, Chester, Fairfield, Lancaster, Spartanburg, Union and York; (5) The fifth zone shall comprise the counties of Chesterfield, Kershaw and Marlboro; (6) The sixth zone shall comprise the counties of Berkeley, Charleston, Dorchester and Orangeburg; (7) The seventh zone shall comprise the counties of Dillon and Horry; (8) The eighth zone shall comprise the counties of Darlington, Lee and Sumter; (9) The ninth zone shall comprise the counties of Clarendon, Georgetown and Williamsburg; (10) The tenth zone shall comprise the counties of Florence and Marion; (11) The eleventh zone shall comprise the counties of Allendale, Barnwell, Bamberg, Beaufort, Colleton, Hampton and Jasper.
Section 50-1-70. All laws of this State in force on April 24, 1952, affecting game shall, until changed, apply to all of the zones of the State, and all laws of the State thereafter enacted shall apply to the entire State except where otherwise specified.
Section 50-1-80. It shall be the positive duty of all sheriffs, deputy sheriffs, constables, rural policemen and special officers to actively cooperate with the department in the enforcement of the game and fish laws of the State.
Section 50-1-85. It is unlawful for any person to use a firearm or archery tackle while in preparation for, engaged in the act of, or returning from hunting in a criminally negligent manner. Criminal negligence is defined as the reckless disregard for the safety of others. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be: (1) in a case where no personal injury or property damage occurs, fined not more than two hundred dollars or imprisoned for not more than thirty days; (2) in the case of property damage only, fined not more than one thousand dollars nor less than five hundred dollars or imprisoned for not more than six months, and the court must order restitution to the owner of the property; (3) in the case of bodily injury to another, fined not less than five hundred dollars nor more than two thousand, five hundred dollars or imprisoned for not more than two years; if the bodily injury results in disfigurement, total or partial permanent disability, be imprisoned for not less than sixty days nor more than two years; (4) in the case of death, be imprisoned for not less than three months nor more than three years. No part of the minimum fines and penalties provided in this section may be suspended by any court in this State. In addition to the criminal penalties provided above, the department must seize immediately the license of a person charged under this section and, upon conviction, the hunting privileges of a person convicted under item (1) or (2) above must be suspended for one year. A person convicted under item (3) of this section shall lose his privilege to hunt for three years, and a person convicted under item (4) of this section shall lose the privilege of hunting for five years. A person convicted of hunting while his license is suspended under the provisions of this section must be fined not less than five hundred dollars nor more than two thousand, five hundred dollars or imprisoned for not more than two years and shall have his hunting privileges suspended for an additional five years. The person may not obtain another hunting license until he has completed satisfactorily a hunter's safety program conducted by the department. All monetary penalties shall be remitted to the South Carolina Victim's Compensation Fund.
Section 50-1-90. If any person, at any time whatsoever, shall hunt or range on any lands or shall enter thereon, for the purpose of hunting, fishing or trapping, without the consent of the owner or manager thereof, such person shall be guilty of a misdemeanor and, upon conviction thereof shall, for a first offense, be fined not more than two hundred dollars or imprisoned for not more than thirty days, for a second offense, be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days and, for a third or subsequent offense, be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than six months or both. A first or second offense prosecution resulting in a conviction shall be reported by the magistrate or city recorder hearing the case to the communications and records division of the South Carolina Law Enforcement Division which shall keep a record of such conviction so that any law enforcement agency may inquire into whether or not a defendant has a prior record. Only those offenses which occurred within a period of ten years, including and immediately preceding the date of the last offense, shall constitute prior offenses within the meaning of this section.
Section 50-1-95. Any person involved in a hunting accident in which injury or death resulted must within thirty days from the date of the accident file with the department a report on forms provided by the department containing a full description of the accident and any other information required by the department. Any such report is without prejudice, is for the information of the department and may not be open to public inspection. The report must be made available upon written request to any person injured or damaged in the accident or to his attorney. The fact that the report has been made is admissible in evidence solely to show compliance with this section but no such report nor any part thereof nor any statement contained therein is admissible as evidence for any purpose in any civil trial. The department shall administer the State Hunting Casualty Reporting System. Any person failing to file the report required by this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or imprisoned for not more than thirty days.
Section 50-1-100. It shall be unlawful to fish or hunt from the banks of a navigable stream without the permission of the owner of the land, and such permit must be in writing should the owner not be within one mile of the place where the person may be caught in the act of so fishing or hunting.
Section 50-1-110. Wildlife unlawfully taken, shipped, or received for shipment, or found in the possession or under control of a person, which comes into the possession of the department and wildlife legally taken which comes into possession of the department may be disposed of in the discretion of the department. No wildlife coming into the possession of the department may be transferred to or used by a department employee or member of his family for personal use.
Section 50-1-120. It shall be unlawful for anyone to catch, kill, possess or transport, or to attempt to catch, kill, possess or transport any alligator, bird or animal or part thereof, in violation of any of the provisions of the fish and game laws.
Section 50-1-125. Wildlife, as used in this section, means a wild animal, bird, reptile, amphibian, fish, mollusk, crustacean, or other wild animal, or product, egg, offspring, or the dead body parts of the wildlife. A person illegally buying, selling, trading, trafficking, or bartering any wildlife, upon conviction, must be punished as follows: (1) For the first offense, if the money or other consideration exchanged for the wildlife is of a value of two hundred dollars or less, the penalty must be a fine of not more than two hundred dollars or imprisonment for no more than thirty days. (2) For the first offense, if the money or other consideration exchanged for the wildlife is of a value of more than two hundred dollars, the penalty must be a fine of not less than five hundred dollars nor more than five thousand dollars or imprisonment for not less than thirty days nor more than one year, or both. In addition, the person convicted shall lose his hunting and fishing privileges for one year from the date of conviction. (3) For a second offense, within three years of the first offense, the fine must be not less than one thousand dollars nor more than five thousand dollars or imprisonment for not less than thirty days nor more than one year. In addition to this penalty, the person shall lose his hunting and fishing privileges for three years. (4) For a third or subsequent offense, within three years of the last previous conviction, the fine must be five thousand dollars, no part of which may be suspended, or imprisonment for one year, or both. In addition to this penalty, the person shall lose his hunting and fishing privileges for three years from the date of conviction.
Section 50-1-130. Unless a different penalty is specified, any person who violates a provision of this title is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not less than ten days nor more than thirty days.
Section 50-1-135. The entry of any plea of guilty, the forfeiture of any bail posted, or the entry of plea of nolo contendere for a violation of the fish and game laws of this State has the same effect as a conviction. In any case where bail is posted by the defendant, no forfeiture of bail becomes effective until ten days following the date of arrest nor may the defendant be required to plead prior to the elapse of the ten-day period. The provisions of this section may not be construed to prohibit a defendant from voluntarily entering a plea or forfeiting bail within the ten-day period.
Section 50-1-136. Notwithstanding the provisions of Section 16-17-410 and any other provisions of law, every person who conspires to violate any provisions of the game and fish laws of this State or any other provision of Title 50, except the provisions of the Federal Migratory Bird Treaty Act or regulations promulgated by authority of that act, is guilty of a misdemeanor and upon conviction is subject to a penalty not greater than that provided by law for the violation. Every person who conspires to violate two or more provisions of the game and fish laws of this State or any other provision of Title 50, except the provisions of the Federal Migratory Bird Treaty Act or regulations promulgated by authority of that act, is guilty of a misdemeanor and upon conviction must be fined not more than two thousand dollars or imprisoned for not more than one year, or both. In addition to the criminal penalty, any person convicted of such conspiracy shall have his privilege to hunt or fish either recreationally or commercially revoked for one year.
Section 50-1-137. It is unlawful for a person wilfully to impede or obstruct another person from lawfully hunting, trapping, fishing, or harvesting marine species. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished as provided by Section 50-1-130. In addition to the criminal penalty, any person convicted must have his privilege to hunt, trap, fish, or harvest marine species recreationally or commercially revoked for one year.
Section 50-1-140. It shall be unlawful for any enforcement officer or any person to receive any portion of a fine imposed by any court for the violation of the game and fish laws of the State.
Section 50-1-150. Revenues from all fines and forfeitures of any game, nongame or fish law shall, except as otherwise provided in Chapters 1 through 19 of this title, be transmitted to the county treasurer of the county where the revenues were collected, who shall then transmit them, less any amount to be paid to the Law Enforcement Training Council Division of the Department of Public Safety , to the department and such revenues shall be placed to the credit of the game protection fund of the State Treasury and be expended for fish and game propagation in the counties where they are collected. The remittances shall be accompanied by a statement showing the name of all persons fined, the amount of each fine, the summons number and the court in which each fine was collected. All license fees prescribed by any game, nongame or fish law, except as otherwise provided in Chapters 1 through 19 of this title, shall be collected by the department and placed to the credit of the game protection fund of the State Treasury. All balances in these funds shall be carried forward each year so that no part shall revert to the general fund of the State.
Section 50-1-160. One dollar of each nonresident hunter's license fee collected and fifty cents of each temporary nonresident hunter's license fee collected shall be used by the department for propagation, management and control of ducks and geese in this State and a like portion of such license fees shall be contributed by the department to proper agencies in Canada for propagation, management and control of ducks and geese.
Section 50-1-170. In Beaufort County all fines collected as a result of violations of the commercial fish and game laws, when the violators are prosecuted by the sheriff's office, shall be retained by the county. The fines collected shall be turned over to the treasurer of the county and set aside in a special fund to be used by the sheriff's office for the maintenance of equipment and supplies.
Section 50-1-180. The consent of the General Assembly is hereby given to the making by the Congress of the United States, or under its authority, of all such rules and regulations as the Federal Government shall determine to be needful in respect to game animals, game birds and nongame birds and fish on such lands in this State as shall have been, or may hereafter be, purchased by the United States under the terms of the act of Congress of March 1, 1911, entitled `An Act to Enable any State to Cooperate with any other State or States, or with the United States for the Protection of the Watersheds of Navigable Streams and to Appoint a Commission for the Acquisition of Lands for the Purpose of Conserving the Navigability of Navigable Rivers' (36 United States Statutes at large, page 961) and acts of Congress supplementary thereto and amendatory thereof.
Section 50-1-190. The department may enter into a cooperative agreement with the United States Government, or with the proper authorities thereof, for the protection and management of the wildlife resources of the national forest lands within the State and for the restocking of such lands with desirable species of game, birds and other animals and fish.
Section 50-1-200. The department may close all hunting and fishing within such lands so contracted for with the Federal Government for such period of time as may, in the opinion of the department, be necessary. The department may from time to time prescribe the season for hunting and fishing therein, fix the amount of fees required for special hunting and fishing licenses and issue such licenses, prescribe the number of animals and game, fish and birds that may be taken therefrom and the size thereof and prescribe the conditions under which they may be taken.
Section 50-1-210. Any person violating any of the regulations promulgated by the department or who hunts or fishes upon the lands at any time, other than those times specified by the department, must, upon conviction of the violations, be fined not more than two hundred dollars or imprisoned for not more than thirty days for each and every offense.
Section 50-1-220. The provisions of Sections 50-1-180 to 50-1-230 shall also apply to (a) other properties of the United States Government, (b) any other properties acquired or to be acquired from the United States Government by the State or (c) any other lands or waters purchased by the United States or the State. But hunting and fishing shall not be allowed on any lands under the control or ownership of the State Commission of Forestry except by written agreement with that Commission. Nothing contained in such sections shall interfere in any manner with the use and management of lands by a state agency in charge of such lands in the functions of such agency as authorized by law.
Section 50-1-230. All money collected by the department on the Santee-Cooper area under the provisions of an agreement between the United States Fish and Wildlife Service and the department in accordance with Sections 50-1-190 and 50-1-220, or collected under any act of the General Assembly pertaining to such area, shall be placed by the department with the State Treasurer and placed to the credit of the Santee-Cooper project to be disbursed by the department solely for game and fish protection and propagation on the Santee-Cooper lands and waters or as provided by such act.
Section 50-1-240. The State hereby assents to the provisions of the act of Congress entitled `An Act to Provide that the United States Shall Aid the States in Wildlife Restoration Projects, and for Other Purposes,' approved September 2, 1937 (Public Law No. 415, 75th Congress), and acts supplementary thereto or amendatory thereof, and the department shall perform such acts as may be necessary to the conduct and establishment of cooperative wildlife restoration projects, as defined in such act of Congress, in compliance with such act and with rules and regulations promulgated by the Secretary of Agriculture thereunder.
Section 50-1-250. The department may contract with owners of land contiguous to the Catawba River and its tributaries for rights of ingress and egress to such waters over and upon such lands for the use of the public who wish to go lawfully upon said stream and waters. Such rights of way shall be leased for such terms as the landowners and the department shall agree upon and compensation for them, if need be, may be paid from the game fund of York County. The purpose of this provision is to make sure that the public have reasonable access to the waters above referred to.
Section 50-1-260. It is unlawful to vandalize, tamper with, or enter on or into watercraft, vehicles, devices, or pieces of equipment seized and held as required or permitted by law by the department. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than thirty days. Magistrates have jurisdiction of violations of this section. The department shall attach a notice to each unit of impounded property stating the prohibition and the penalties for violations.
Section 50-1-270. (A) A person or public or private entity is liable to the State for the unlawful gross destruction of or injury to wildlife, aquatic life, endangered or threatened species, or the lands or waters owned by the State. For a deliberate or grossly negligent act, the State must be awarded damages of three times the value of the resource affected, plus costs, including attorney's fees. Monies paid in satisfaction of these claims must be used to restore, replenish, or enhance wildlife, aquatic life, endangered or threatened species, or the lands or waters owned by the State. For purposes of this section, the injury or damages must be caused by other than pollution. (B) The department is the agency primarily responsible for the enforcement and implementation of this section. Other state agencies and governmental entities shall cooperate with the department in an effort to investigate the causes of the destruction or injury and shall assist in collecting the appropriate damages. (C) This section does not apply to ordinary agricultural practices."
Board of the Department of Natural Resources and its duties created; commission and its duties deleted; divisions created; names revised; service of enforcement officers provided
SECTION 1258. Chapter 3, Title 50 of the 1976 Code is amended to read:
"CHAPTER 3
Wildlife and Marine Natural Resources Department
Article 1
Composition and Organization of Department
Section 50-3-10. The head and governing board of the former South Carolina Wildlife and Marine Resources Department as it was constituted before the effective date of this section shall become the board of the Department of Natural Resources until the terms of its current members expire and until their successors are appointed and qualify pursuant to the provisions of Chapter 2 of Title 48.
Section 50-3-80. The department shall continuously investigate the game and fish conditions of the State and the laws relating thereto. It shall annually make report of its activities to the General Assembly and recommend legislation and other action by the General Assembly in its judgment conducive to the conservation of wildlife.
Section 50-3-90. The authorized agents of the department may conduct game and fish cultural operations and scientific investigations in such manner, places and at such times as are considered necessary and may use whatever methods are deemed advisable for sampling fish populations. Such operations and investigations shall be conducted only at the request of and with the permission from the board, and no such operations and investigations shall be made upon private lands and waters except at the request of the owner or owners of such lands and waters.
Section 50-3-100. The department may acquire, own, sell, lease, exchange, transfer or rent real property, alone or in cooperation with agencies of the federal government, for the purpose of providing game reserves, fish ponds, game farms, fish hatcheries, public hunting and fishing grounds and for other purposes necessary and proper for the protection, managing or propagating of fish and game and furnishing the people of the State with hunting areas and fishing facilities. Only funds or revenues of the department not essential to its normal operation may be used for such purposes. Funds made available by appropriation, allotment or donation to the Department for such purposes by the federal government and its agencies or by other governmental or private agencies may be used to carry out the provisions of this section.
Section 50-3-110. The department shall have charge of the enforcement officers of the Natural Resources Enforcement Division of the department and exercise supervision over the enforcement of the laws of the State, regulatory, tax, license or otherwise, in reference to birds, nonmigratory fish, game fish, shellfish, shrimp, oysters, oyster leases and fisheries. The department may make contracts with enforcement officers, and the director may dismiss the enforcement officers at his discretion.
Section 50-3-120. Notwithstanding any other provision of law, all law-enforcement personnel of the department are hereby designated enforcement officers with all the power and authority now possessed by game wardens, conservation officers, and inspectors as provided for in Chapters 1 through 19 of this title.
Section 50-3-130. The board shall prescribe a unique and distinctive official uniform, with appropriate insignia to be worn by all uniformed enforcement officers of the Natural Resources Enforcement Division of the department when on duty and at such other times as the board shall order, and a distinctive color or colors and appropriate emblems for all motor vehicles used by such officers. No other law enforcement agency, private security agency or any person shall wear a similar uniform and insignia which may be confused with the uniform and insignia of the enforcement officers nor shall any emblem be used on a motor vehicle nor shall it be painted in a color or in any manner which would cause the vehicle to be similar to an enforcement officer's vehicle or readily confused therewith.
Section 50-3-140. The department shall file with the Secretary of State and Legislative Council for publication in the State Register a description and illustration of the uniform and emblems of the official enforcement officers' uniforms and motor vehicles and a description of the color of such uniforms and vehicles.
Section 50-3-150. In order to carry out the provisions of Sections 50-3-120 to 50-3-160 in an orderly and economical manner it is intended that all serviceable uniforms be continued in use until such time as the board deems it necessary for them to be replaced. These provisions shall also apply to the emblems for motor vehicles.
Section 50-3-160. Any violation of Sections 50-3-130 to 50-3-160 may be enjoined by the court of common pleas upon petition of the department after due notice to the person violating the provisions of Sections 50-3-130 to 50-3-160 and after a hearing on the petition.
Section 50-3-170. The board shall file a quarterly report to each member of the General Assembly explaining the status of each county fish and game fund and watercraft fund, to include total funds for each county and an itemized list of expenditures for the past quarter.
Article 3
Conservation Officers Natural Resources Enforcement Division
Section 50-3-310. The director shall appoint the enforcement officers of the Natural Resources Enforcement Division, subject to their receiving a commission from the Governor. An enforcement officer shall be issued a commission by the Governor upon the recommendation of the director. An enforcement officer may be removed by the board upon proof satisfactory to it that he is not fit for the position.
Section 50-3-315. (A) The director may appoint deputy enforcement officers to serve without pay and shall establish their territorial jurisdiction. The officers, when acting in their official capacity, may enforce all laws and regulations relating to wildlife, marine, or natural resources within their territorial jurisdiction. The powers and duties of the officers must be established by regulations of the department. Deputy enforcement officers serve at the pleasure of the director. The Secretary of State shall transmit to the director the commissions of all officers. The director shall transmit each commission to the office of the clerk of court for the county in which the officer resides only after he files the oaths and bonds required by Section 50-3-330. (B) Deputy enforcement officers commissioned by the director are volunteers covered by Chapter 25 of Title 8 and not employees entitled to coverage or benefits in Title 42. (C) Every two years the department shall conduct a criminal records check on each deputy enforcement officer.
Section 50-3-316. The department shall, in employing enforcement officers, use the criteria as required by the Division of Human Resource Management and the department, which shall include but is not limited to, a written examination, physical examination, and interview. Each applicant shall be required to perform at minimal levels as required by the Division of Human Resource Management and the department. The department, when employing enforcement officers within a particular county, must hire those applicants, if any, who meet the minimum employment qualification requirements as required by the Division of Human Resource Management and the department and who reside within that particular county before the department may hire other qualified applicants who reside outside that county. If more than one vacancy exists in a county, the resident candidate with the next highest score will be chosen to fill the second vacancy. Additional vacancies would be filled in the same manner. If there are no candidates for that county who meet the minimum requirements, the vacancy will be filled by the top scoring candidate regardless of county of residence.
Section 50-3-320. The Secretary of State shall transmit to the board the commissions of all enforcement officers and the director shall deliver such commissions to the enforcement officers only after the enforcement officers have filed oaths and bonds as required by Section 50-3-330.
Section 50-3-330. Every enforcement officer appointed to protect the property of the State shall, before entering upon the duties of his office, take and subscribe before a notary public, or other officer authorized to administer an oath, an oath to perform the duties of his office and shall execute a bond with some reliable surety company approved by the board in the sum of one thousand dollars for the faithful discharge of his duties. Such bond and oath shall be transmitted to the board, which shall properly record them and keep them on file in the office of the board.
Section 50-3-340. The enforcement officers, when acting in their official capacity, shall have statewide authority for the enforcement of all laws relating to wildlife, marine, and natural resources.
Section 50-3-350. The enforcement officers, when acting in their official capacity, shall wear a metallic shield with the words `Enforcement Officer of the Natural Resources Enforcement Division' inscribed thereon.
Section 50-3-360. A majority of the legislative delegation, together with the Senator, from any county in Game Zone No. 2 shall have the privilege in their discretion of authorizing the employment of additional deputy enforcement officers for not more than three months during the hunting season and compensation of such enforcement officers shall be made from game fund on hand.
Section 50-3-370. All enforcement officers shall obtain information as to all violations of the bird, nonmigratory fish, and game laws, and check all bag limits, size and specie of such birds, nonmigratory fish and game.
Section 50-3-380. A duly commissioned enforcement officer, upon making an affidavit before a magistrate or in any court of the State that there exist reasonable grounds to believe that birds, fish or game are in the possession of any person or any common carrier in violation of the law, may procure a search warrant and open and enter and examine all cars, warehouses and receptacles of common carriers in the State where he has reason to believe any game or fish taken or held in violation of law is and, when any such game or fish are found, may seize them.
Section 50-3-390. The enforcement officers shall see that the bird, nonmigratory fish and game laws are enforced and prosecute all persons having in their possession any birds, nonmigratory fish or game contrary to the bird, fish and game laws of this State.
Section 50-3-395. Enforcement officers may issue warning tickets to violators in cases of misdemeanor violations under this title. The department shall by regulation provide for the form, administration, and use of warning tickets authorized by this section.
Section 50-3-396. The official summons used by enforcement officers may be used to cite violators of the provisions of Section 16-11-700 relating to littering.
Section 50-3-400. The enforcement officer qualified under Sections 50-3-320 and 50-3-330 shall possess and exercise all of the power and authorities held and exercised by the constable at common law and under the statutes of this State. He shall also have the authority of inspector as provided for in Chapter 5 of this title.
Section 50-3-410. When a person is apprehended by an enforcement 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 enforcement 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 enforcement officer. The summons gives the court jurisdiction to dispose of the matter. Upon receipt of the bail money, the enforcement officer may release the person to appear before the proper judicial officer at a time stated in the summons.
Section 50-3-420. Neither any officer of the Lake Wylie Marine Commission nor any enforcement officer in the State is subject to criminal prosecution when acting in his official capacity within his territorial jurisdiction for: (1) failing to comply with statutes or regulations governing the operations of motor vehicles, watercraft, or aircraft; (2) entering into private property, whether or not posted against trespassing; (3) failure to comply with wildlife conservation and boating laws of this State as a necessary part of the investigation or enforcement effort in enforcing those laws. The provisions of this section do not relieve the officers from the duty to exercise due regard for the safety of the public or protect them from the consequences of reckless, wilful, or wanton disregard for the safety of others nor liability for criminal prosecutions except as stated in items (1), (2), and (3).
Article 5
Cutting of Timber on Lands Held by Department
Section 50-3-510. The department may, subject to the provisions of this article contract for the selective cutting and sale of timber on any lands held by the department on behalf of its Wildlife and Freshwater Fish Division. No contract for such cutting and sale shall be entered into and no timber shall be cut or sold unless the board decides that the cutting and sale of such timber is for the best interests of the department and the improvement of its lands, by reason of thinning the timber, harvesting the over-age trees and improving general forestry conditions. Prior to selling or cutting any such timber the matter shall be submitted to the State Forester, who shall investigate the propriety of making such cutting and shall have the timber cruised and an estimate of the value made. If the State Forester finds that the sale is not in keeping with good forestry practices or will adversely affect the remainder of the timber, the sale shall not be made.
Section 50-3-520. If the sale is approved by the State Forester, the department shall publicly advertise for bids for such timber in at least two newspapers of general circulation in the area in which the timber is located, such advertisements to be published at least once a week for three weeks prior to the closing of the bidding. The board shall have the right to reject any and all bids, either on account of the amounts of the bids or the lack of experience and responsibility of the bidder. Any sale agreed upon shall be for cash.
Section 50-3-530. Any deeds or contracts required in carrying out the provisions of this article may, by resolution of the board, be executed and delivered on its behalf by its chairman and by the director.
Section 50-3-540. The State Forester shall have all trees to be cut properly marked prior to the commencement of the cutting.
Section 50-3-550. The proceeds of the sale must be deposited with the Treasurer to the credit of the game protection fund.
Article 7
Wildlife Endowment Fund
Section 50-3-710. There is created the South Carolina Wildlife Endowment Fund, the income and principal of which must be used only for the purpose of supporting wildlife conservation programs of the State.
Section 50-3-720. There is created the Board of Trustees of the Wildlife Endowment Fund of the Department of Natural Resources, with full authority over the administration of the fund, whose chairman and members are the chairman and members of the board of the Department of Natural Resources. The State Treasurer is the custodian of the fund and shall invest its assets in accordance with the provisions of Title 11.
Section 50-3-730. The assets of the fund are derived from: (1) the proceeds of any gifts, grants, and contributions to the State which are designated specifically for inclusion; (2) the proceeds from the sale of lifetime combination licenses issued in accordance with Section 50-9-11; (3) the proceeds from the sale of lifetime hunting and lifetime fishing licenses in accordance with Sections 50-9-120(3) and 50-9-455; (4) any amount in excess of the statutory fee for a particular lifetime license which qualifies as a tax-exempt donation to the State; (5) other sources specified by law.
Section 50-3-740. The fund constitutes a special trust derived from a contractual relationship between the State and the members of the public whose investments contribute to the fund. In recognition of the special trust, the following limitations and restrictions are placed on expenditures from the fund: (1) Any limitations or restrictions specified by the donors on the uses of the income derived from the gifts, grants, and voluntary contributions are respected but are not binding. (2) No expenditure or disbursement may be made from the principal of the fund except as otherwise provided by law. (3) The income received and accruing from the investments of the fund must be spent only in furthering the conservation of wildlife resources and the efficient operation of the department in accomplishing the purposes of the department as set forth in this title.
Section 50-3-750. The board may accumulate the investment income of the fund and may direct expenditures from the income of the fund for the purposes set out in Section 50-3-740(3).
Section 50-3-760. Expenditure of the income derived from the fund must be made through the board in accordance with the provisions of the general appropriations act. The fund is subject to the oversight of the State Auditor.
Section 50-3-770. The fund and income do not take the place of state appropriations or department receipts placed in the fund, but any portion of the income of the fund available for the purpose set out in Section 50-3-740(3) must be used to supplement other income of and appropriations to the department.
Section 50-3-780. If the board of the Department of Natural Resources is dissolved, the succeeding agency shall assume the trusteeship of the fund and is bound by all the limitations and restrictions placed by this article on expenditures from the fund. No repeal or modification of this article or title alters the fundamental purposes to which the fund is applied. No future dissolution of the board of the Department of Natural Resources or substitute agency invalidates any lifetime license issued in accordance with Chapter 9 of this title.
Section 50-3-790. In the event the annual combination as provided in Section 50-9-10, annual hunt as provided in Section 50-9-120(1), or annual fish license as provided in Section 50-9-450 fee increases, the percentage of increase for each annual license shall be applied to the existing lifetime license fees and each lifetime license fee shall be increased accordingly, rounding the fee to the next highest dollar.
Section 50-3-800. A lifetime licensee shall not lose the privileges of such license by a subsequent transfer of residency."
Division changed to department; names revised; duties of enforcement officers provided
SECTION 1259. Chapter 5, Title 50 of the 1976 Code is amended to read:
"CHAPTER 5
Division of Commercial Fisheries
Section 50-5-10. As used in this chapter the words defined in Section 50-17-15 shall have the meanings there ascribed to them.
Section 50-5-20. The department shall have jurisdiction over all salt-water fish, fishing and fisheries, all fish, fishing and fisheries in all tidal waters of the State and all fish, fishing and fisheries in all waters of the State whereupon a tax or license is levied for use for commercial purposes. This includes the following: All shellfish, crustaceans, diamond-back terrapin, sea turtles, porpoises, shad, sturgeon, herring and all other migratory fish except rock fish (striped bass).
Section 50-5-30. The department shall impartially enforce all laws pertaining to fish and fisheries.
Section 50-5-40. The department shall enforce all laws for collection of revenues due the State from the fishing industries and leases of bottoms. Proceeds from sales of experimental mariculture products produced at the James M. Waddell, Jr. Mariculture Research and Development Center shall be deposited in the State Treasury to the credit of the Mariculture Research and Development Fund, Marine Resources Division of the department, to further encourage and promote development of the mariculture industry of South Carolina by supporting operational research and development projects of the Research Center and transfer of information to the mariculture industry. Funds deposited in the Mariculture Research and Development Fund may be carried forward annually and used for the same purpose.
Section 50-5-50. The department may expend such sums as it may deem advisable in the experimental propagation of shellfish upon suitable bottoms and it shall report such experiments, the results thereof and its conclusions therefrom to the Governor and the General Assembly in its annual reports.
Section 50-5-60. The department shall purchase, equip and maintain six launches, one for Charleston County, one for Beaufort County, one for Georgetown County, one for Colleton County and the remaining two launches for the territory at large, and may provide for repairs to be made to launches, vessels, machinery and furniture as may be necessary to keep them in serviceable condition. It shall see that the launches and vessels and their appurtenances are at all times kept clean and otherwise in good serviceable condition and may sell or exchange any launch or vessel belonging to the police fleet and, in such case, reinvest the proceeds of such sale, or make further exchanges as may appear to be necessary and best for the interest of the State.
Section 50-5-70. The department may require enforcement officers to wear uniforms to be prescribed by the department and badges of their authority as arresting officers under the Coastal Fisheries Laws, Chapter 17 of this title.
Section 50-5-80. The enforcement officers appointed for the purpose of carrying out the provisions of and enforcing compliance with the Coastal Fisheries Laws, Chapter 17 of this title, shall devote their entire time to the service of the State in carrying out the provisions and enforcing compliance with the Coastal Fisheries Laws, Chapter 17 of this title, and to that end they may arrest all violators of such law without warrant when the violations are committed within their own knowledge and observation and take them without unnecessary delay before some officer authorized to issue arrest warrants and swear out warrants for their arrest and deliver them to an officer of the law under such warrants. They may also, upon warrants for violations of the Coastal Fisheries Laws sworn out by others, make arrest therefor.
Section 50-5-90. It shall be unlawful to remove, steal, intentionally damage or interfere with any fishing equipment or device belonging to another or to remove the catch of any fish, crustaceans or shellfish contained therein without the permission of the owner. Where otherwise not specifically provided by law, the theft or damage of fishing equipment belonging to another shall be punishable, upon conviction, by a fine of two hundred dollars or thirty days' imprisonment.
Section 50-5-100. It shall be lawful for the enforcement officers appointed for the purpose to enter any and all premises, vessels, boats, houses, sheds or warehouses used in fishing or any fishing industry in the tidewaters or coastal section of this State and to arrest, without warrant, all persons found actually violating the penal laws contained in the Coastal Fisheries Laws, Chapter 17 of this title.
Section 50-5-110. The department may adopt and promulgate rules and regulations for the government of the force under its control and for the control of fisheries, not contrary to or inconsistent with the laws and policy of the State, having the force and effect of law, and may provide penalties for violation thereof not to exceed forfeiture of license or privilege previously granted by the Division.
Section 50-5-120. The records and documents in the office of the department shall include: (1) A record of leases granted for bottoms for the propagation of shellfish and the subsequent changes of ownership thereof; (2) The particulars and amounts of all licenses and permits of every kind issued; (3) A tabulated record of the quantity of each kind of fish taken in the waters of the State, the commercial value thereof, the amount exported and the amount consumed within the State; (4) The number of persons engaged in the various branches of the fishing industries and their approximate earnings; (5) Any other matter which to it may appear advisable.
Section 50-5-130. The department may prosecute for violations of all laws for the collection of revenues due the State from the fishing industries and leases of bottoms when in its judgment such prosecutions are for the best interests of industries or of the State and to that end may employ counsel having special knowledge of the fisheries laws and of the matters pertaining to fisheries and coastal conditions to work up and conduct such prosecutions in the inferior courts and to assist the solicitor in the court of general sessions and Supreme Court, should he desire such assistance."
Names revised; division changed to department
SECTION 1260. Chapter 7, Title 50 of the 1976 Code is amended to read:
"CHAPTER 7
Atlantic States Marine Fisheries Compact Commission
Section 50-7-10. In pursuance of Article III of the Atlantic States Marine Fisheries Compact, of which this State is a signatory, there shall be three members, hereinafter called Compact Commissioners, of the Atlantic States Marine Fisheries Commission, hereinafter called the Compact Commission, from this State. The first Compact Commissioner from this State shall be the Director of the department, ex officio, and the term of any such ex officio Commissioner shall terminate at the time he ceases to hold such office and his successor as Compact Commissioner shall be his successor as Director of the department. The second Compact Commissioner from this State shall be a legislator and member of the Commission on Interstate Cooperation of this State, ex officio, designated by the Commission on Interstate Cooperation, and the term of any such ex officio Commissioner shall terminate at the time he ceases to hold such legislative position or such position as Commissioner on Interstate Cooperation, and his successor as Compact Commissioner shall be named in like manner. The Governor, by and with the advice and consent of the Senate, shall appoint a citizen as a third Compact Commissioner, who shall have a knowledge of and interest in the marine fisheries problem. The term of such Compact Commissioner shall be three years and he shall hold office until his successor shall be appointed and qualified. Vacancies occurring in the office of such commissioner from any reason or cause shall be filled by appointment by the Governor, by and with the advice and consent of the Senate, for the unexpired term. The director of the department as ex officio commissioner may delegate, from time to time, to any deputy or other subordinate in his department or office, the power to be present and participate, including voting as his representative or substitute, at any meeting of or hearing by or other proceeding of the Compact Commission. The terms of each of the initial three members shall begin at the date of the appointment of the appointive Compact Commissioner, provided the compact shall then have gone into effect in accordance with Article II thereof and otherwise shall begin upon the date upon which the compact shall become effective in accordance with Article II. Any commissioner may be removed from office by the Governor upon charges and after a hearing, but opportunity to be heard shall be given.
Section 50-7-20. The Compact Commission and the Compact Commissioners thereof shall have all the powers provided for in the compact and all the powers necessary or incidental to the carrying out of the compact in every particular.
Section 50-7-30. All officers of the State shall do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of the compact in every particular, it being hereby declared to be the policy of the State to perform and carry out the compact and to accomplish the purposes thereof. All officers, bureaus, departments and persons of and in the state government or administration of the State shall at convenient times and upon request of the Compact Commission furnish the Compact Commission with information and data possessed by them and shall aid the Compact Commission with information and data possessed by them or by loan of personnel or other means lying within their legal rights respectively.
Section 50-7-40. The Compact Commission shall keep accurate accounts of all receipts and disbursements and shall report to the Governor and the General Assembly on or before the tenth day of December in each year, setting forth in detail the transactions conducted by it during the preceding calendar year, and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the State which may be necessary to carry out the intent and purposes of the compact between the signatory states.
Section 50-7-50. The State Auditor may from time to time examine the accounts and books of the Compact Commission, including its receipts, disbursements and such other items referring to its financial standing as the State Auditor may deem proper, and report the results to the State Budget and Control Board."
Names revised; commission and director changed to board
SECTION 1261. Chapter 9, Title 50 of the 1976 Code is amended to read:
"CHAPTER 9
Hunting, Fishing, and Trapping Licenses
Article 1
General Provisions
Section 50-9-10. A resident of this State may obtain, in the same manner as other fishing and hunting licenses are obtained, a combination fishing and hunting license in lieu of separate licenses for each activity. The combined license shall grant to the licensee the same privileges as that of a statewide fishing license, a statewide hunting license, and the resident big game permit. The cost of the license is seventeen dollars. One dollar of the fee may be retained by the issuing agent and the balance remitted to the department. One-half of the fee must be used in the same manner as statewide fishing license revenue and the other half in the same manner as statewide revenue from hunting licenses.
Section 50-9-11. A resident of this State may obtain from the Columbia headquarters a lifetime combination license which grants him the same privileges as a statewide license as provided by Section 50-9-10. The license and fees are: (1) Type A -- available only to an individual under two years of age -- three hundred dollars; (2) Type B -- available only to an individual under sixteen years of age -- four hundred dollars; (3) Type C -- available only to an individual sixteen years of age or older -- five hundred dollars; (4) Type D -- available only to an individual sixty-four years of age or older -- nine dollars.
Section 50-9-12. (A) The board is authorized to designate not more than two days, which need not be consecutive, in each calendar year as free fishing days. During these designated days residents of this State, without obtaining a fishing license, may exercise the privileges of a holder of a fishing license, subject to all limitations, restrictions, conditions, and regulations applicable to the holder of a fishing license. (B) The provisions of this section do not affect commercial fishing licenses.
Section 50-9-15. A resident of this State may obtain, in the same manner as other fishing and hunting licenses and the resident big game permit are obtained, a sportsman license in lieu of separate licenses for statewide fishing, statewide hunting for big game, and hunting on wildlife management areas. The cost of the license is forty-four dollars. One dollar of the fee may be retained by the issuing agent and the balance remitted to the department.
Section 50-9-20. Notwithstanding any other provision of law to the contrary all hunting and fishing licenses shall be issued for the period July first to June thirtieth.
Section 50-9-30. No person shall be issued a hunting or fishing license as a state resident unless he shall furnish proof to the issuing agent that he is a resident of this State. Such proof shall be either the holding of a valid state driver's license or such other form of identification that the department may require which would furnish reasonable proof of such residency. `Resident' means a person who is a citizen of the United States and who has been a domiciled resident of this State for thirty consecutive days or more immediately before the date of his application for license or permit and for one hundred eighty consecutive days or more immediately before the date of his application for a lifetime license. A person holding a state resident hunting or fishing license who cannot furnish proof of residency is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than one hundred dollars or be imprisoned for not less than ten days nor more than thirty days. A person holding a lifetime license who cannot furnish proof of residency is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or be imprisoned for not more than six months.
Article 3
Hunting Licenses
Section 50-9-120. Fees for residents' statewide or county licenses. (1) For the privilege of hunting throughout the State by a resident of the State, a statewide license must be issued for a fee of twelve dollars, of which amount one dollar may be retained by the issuing agent. (2) For the privilege of hunting only in the county of which the hunter is a resident, a county license must be issued upon payment of a fee of five dollars, of which amount one dollar may be retained by the issuing agent. No holder of a county license only may hunt in any county of which he is not a resident. (3) For the privilege of hunting throughout the State by a resident of the State a lifetime statewide license may be issued from the Columbia headquarters for a fee of three hundred dollars.
Section 50-9-130. Every nonresident of the State shall pay a hunter's license fee of: (1) seventy-five dollars for the privilege of hunting in the State during any one season from July first to June thirtieth, two dollars of which may be retained by the issuing agent; (2) fifty dollars for a ten-day temporary license, two dollars of which may be retained by the issuing agent; or (3) twenty-five dollars for a three-day temporary license, one dollar of which may be retained by the issuing agent. Any type temporary license is valid for a period of either ten or three specified consecutive days as indicated on the license and the ten-day temporary license may be purchased only once a season by a single individual. Any person convicted of a violation of this section must be punished as provided in Section 50-9-250.
Section 50-9-135. (1) Every resident hunting deer, bear, or turkey in this State shall first purchase a big game permit from the department which must be in addition to the required resident hunter's license. The fee for the permit is six dollars, of which amount one dollar may be retained by the issuing agent. (2) Every nonresident hunting deer, bear, or turkey in this State shall first purchase a big game permit from the department which is in addition to the required nonresident hunter's license. The fee for the permit is eighty dollars, of which amount one dollar may be retained by the issuing agent.
Section 50-9-140. The department may distribute and regulate the issuance of special, nonresident shooting preserve hunting licenses, applicable for the entire preserve season on any preserve in the State, for specified released species only, at a cost not to exceed eight dollars and fifty cents.
Section 50-9-145. In lieu of the fees provided in subsection (1) of Section 50-9-120, subsection (1) of Section 50-9-135, and Sections 50-9-150 and 50-9-450, any resident of this State who is aged sixteen through seventeen may pay a fee of sixteen dollars, of which amount one dollar may be retained by the issuing agent, for the privilege of engaging in the activities described in the above-cited sections. The license must be countersigned by the parent or guardian of the teenager and the countersignature shall be considered as a certification of the age and residence of the teenage person. Any person fraudulently obtaining such a license by falsely certifying the age or residence of another upon conviction must be fined the sum of two hundred dollars or be confined in the county jail for a period not to exceed ten days.
Section 50-9-150. The department shall promulgate regulations requiring persons sixteen and above who hunt on wildlife management areas to purchase a permit. The annual cost of a permit is not more than thirty dollars and fifty cents for state residents and not more than seventy-six dollars for nonresidents. The permit is valid for the year in which it is issued. One dollar of the permit cost may be retained by the issuing agent and the balance paid to the department. The funds so derived by the department must be retained and used exclusively for the procurement of wildlife management areas by rent, lease, or exchange and the management of the areas. The number of nonresident permits sold during a particular year shall not exceed the ratio of the number of nonresident permits sold for the previous year versus all permits sold to both residents and nonresidents for the previous year times the total number of permits sold in the previous year to both residents and nonresidents. Permits issued for one day only must be issued at a cost of no more than five dollars and fifty cents for state residents. The one-day permits will be issued from the department headquarters only upon the request of a hunter who has been drawn to participate in a department sponsored hunt. The department may not lease any land for the Wildlife Management Area Program which, during the preceding twenty-four months, has been held under a private hunting lease by a club or individual. This restriction does not apply if the former lessee executes a voluntary consent to the proposed wildlife management area lease, the lessor cancels the lease for cause, or to lands which during the twenty-four months prior to June 5, 1986, were in the game management area program. The department may not pay more than the fair market value in the area for any lease acquired under this program. The department may not have under lease at any one time more than one million, six hundred thousand acres in the Wildlife Management Area Program. The department may establish open and closed seasons, bag limits, and methods for taking game on all wildlife management areas.
Section 50-9-155. For purposes of this section: (1) `Migratory waterfowl' means members of the family Anatidae, including brants, ducks, geese, and swans. (2) `Hunt' means the act of taking, obtaining, pursuing, trying to find, or diligently seeking for migratory waterfowl. It is unlawful for a person, other than one exempt from the requirement of purchasing hunting licenses by Article 9, Chapter 9 of this title, to hunt any migratory waterfowl within this State without first procuring a state migratory waterfowl stamp and having a valid stamp for the year in his possession while hunting or transporting any migratory waterfowl. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days. Each stamp must be validated by the signature of the licensee written across the face of the stamp. The board shall furnish the stamps to its authorized agents for issuance or sale in the same manner as other types of licenses. The fee for each stamp is five dollars and fifty cents. Fifty cents of the stamp cost may be retained by the issuing agent and the balance must be paid to the department. Each stamp expires on the last day of June following issuance. The department may produce additional stamps as commemorative or collector's items which must be sold at a price of not less than five dollars and fifty cents with all of the proceeds being retained by the department. All revenue derived from the sale of the stamp may be used only for the cost of printing, promotion, and production of the stamp and for those migratory waterfowl projects specified by the board for the development, protection, and propagation of waterfowl in the State. None of the funds may be expended for administrative salaries.
Section 50-9-160. The State Budget and Control Board shall purchase on competitive bids the licenses and other forms to be used each season.
Section 50-9-170. No person may alter any license or permit issued by the department or issue, obtain or attempt to obtain a license or permit by fraud. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined not less than fifty dollars nor more than two hundred dollars or imprisoned not to exceed thirty days.
Section 50-9-180. No hunting license shall be sold or issued outside of the boundaries of this State.
Section 50-9-190. Every licensee while hunting game shall carry on his person his hunting license and, if applicable, his game management permit and big-game permit and upon demand shall show them to any enforcement officer or officer of the law.
Section 50-9-200. Duplicate hunting licenses shall be issued by the department only, upon affidavit from the licensee that he has lost his license and upon payment by the licensee of the cost of the duplicate.
Section 50-9-210. It shall be unlawful for any person to borrow, loan or exchange a hunting license with another person.
Section 50-9-220. Any person convicted of borrowing, lending or exchanging a hunting license with another person, in addition to suffering the penalties set forth in Section 50-9-240, shall forfeit any right to any hunting licenses issued to him and shall be prohibited from procuring another hunting license for the season for which the hunting license so borrowed, exchanged, or loaned was issued. Any person who attempts to hunt or hunts while under such prohibition shall, upon conviction, be fined not less than fifty dollars nor more than one hundred dollars or be imprisoned for not less than ten days nor more than thirty days.
Section 50-9-230. The form of all hunting licenses shall be of such quality and suitable design as may be designated by the department, the cost to be paid out of the game protection fund.
Section 50-9-240. Any resident of the State who violates the provisions of Sections 50-9-15, 50-9-135, 50-9-190, or 50-9-210, upon conviction, must be fined not less than one hundred nor more than two hundred dollars or imprisoned for not more than thirty days.
Section 50-9-250. Any nonresident who violates the provisions of Sections 50-9-130, 50-9-135, 50-9-190, 50-9-210, or 50-9-220, upon conviction, must be fined two hundred dollars or imprisoned for not less than forty-eight hours nor more than thirty days. No part of the monetary fine may be suspended in whole or in part.
Section 50-9-260. Notwithstanding the increases in the fees for existing hunting and fishing licenses or permits imposed by Sections 50-9-10, 50-9-15, 50-9-120, 50-9-150, 50-9-450 and 50-9-500, any person who has been a resident of this State for at least one year and who has attained the age of sixty-five may continue to obtain existing hunting or fishing licenses or permits without cost in the manner provided by law, and is further authorized to obtain without cost any new licenses or permits established by Section 50-9-135.
Article 5
Fishing Licenses
Section 50-9-410. Except as otherwise provided in Chapters 1 through 19 of this title, it shall be unlawful for any person to fish by use of manufactured tackle, equipment or artificial bait, other than hook and line, in the waters of this State unless such person has first obtained and has in his possession a proper license as required by Chapters 1 through 19 of this title. The term `waters', as used in Chapters 1 through 19 of this title shall apply only to fresh waters of the State.
Section 50-9-420. Except as otherwise expressly provided it shall be unlawful for any person to fish in fresh water of this State by use of a fly rod, casting rod, artificial bait or any manufactured tackle or equipment, other than ordinary hook and line, unless he has at first obtained an angler's license. A license shall not be required of a landowner or leaseholder fishing on his land or lands leased by him or of members of the family of such landowner or leaseholder.
Section 50-9-430. No person shall be required to possess a fishing license while fishing in strictly private ponds if he has the written permission of the owner or leaseholder of any such pond in his possession, unless such owner or leaseholder is present on the property. Provided, however, that this section shall not apply to commercial ponds.
Section 50-9-440. Any employee residing in this State may fish on the lands of his employer owning or leasing the land by the written permission of such employer or his superintendent without procuring a fishing license.
Section 50-9-450. The license fee for residents of this State for fishing by use of manufactured tackle, equipment, or artificial bait other than hook and line, is ten dollars. The license shall entitle the holder to fish in any of the freshwaters of this State without purchasing any other license or permit. The license must be obtained from the department or its agents. One dollar of the fee must be retained by the agent issuing the license and the remaining portion of the proceeds of the sale of the license must be remitted to the department for use only for the rearing, protection, propagation, and distribution of fish and game and the enforcement of the laws pertaining thereto, including salaries of enforcement and administrative personnel of the department and the publicity and dissemination of information, facts, and findings the department considers wise. Residents of this State may purchase a temporary license to permit them to fish for fourteen consecutive days for a fee of five dollars, the sales agent retaining one dollar of the fee and the remaining proceeds remitted to the department to be used as above provided.
Section 50-9-455. A resident of this State may obtain from the Columbia headquarters a lifetime fishing license granting him the same privileges as provided in Section 50-9-450 for a fee of three hundred dollars.
Section 50-9-460. All nonresidents of this State, before fishing for game or other fish in any manner in the inland streams or waters of this State, shall first procure a nonresident fishing license, the fee for which is thirty-five dollars, one dollar of which may be retained by the issuing agent. The license must be in form and design as designated by the department and must be carried upon the person of the licensee at all times when fishing. It is unlawful for the licensee, the selling agent, or any other person to alter or to change the date or to back date any license. Upon conviction for violation of this section the license shall immediately be forfeited to the State. Any person violating the provisions of this section must, upon conviction, be punished by a fine of two hundred dollars, of which no part may be suspended in whole or in part, or be imprisoned for a period not exceeding thirty days for each offense. All proceeds from the sale of nonresident fishing licenses and from fines and forfeitures from convictions of violations of this section must be credited to the county game fund of any county in which the licenses are sold, and the funds must be expended in the respective counties for the purposes of propagation of fish and game, for the promotion and conservation of wildlife resources, and for the enforcement of game laws.
Section 50-9-470. In lieu of obtaining a regular annual nonresident fishing license provided for by Section 50-9-460, a nonresident of this State may procure a temporary nonresident license for the purpose of fishing for game fish or other fish in this State. The temporary license authorizes the licensee to fish in any of the waters of this State for a period of seven specified consecutive days, in accordance with other regulations provided by law, and the license is valid for the period specified. The fee for the license is eleven dollars. Of this amount one dollar may be retained by the agent selling a license, and the balance must be remitted by the agent to the department and deposited in the State Treasury in the game protection fund. The department, at the end of each calendar year, shall credit the Santee-Cooper funds with an amount equal to the sum collected during the calendar year 1956 from the temporary license then in effect for those waters. If there is a general decline in revenue from all sources of the Wildlife and Freshwater Fish Division of the department, the amount credited may be reduced by the same percentage of the decline.
Section 50-9-480. It shall be unlawful for any nonresident of this State to fish in the fresh waters within the State without having first procured the license provided for in Section 50-9-470 or the regular nonresident fishing license provided for by Section 50-9-460.
Section 50-9-490. (1) Nonresidents owning nets used in the Savannah River to catch shad shall obtain an annual license for each net from the department at a cost of one hundred dollars. The department shall issue with each license a tag which shall be attached to the net. (2) Nonresidents who operate shad nets in the Savannah River, whether such nets are owned by a resident or nonresident, shall obtain an annual license from the department at a cost of one hundred dollars. The license shall be on the operator's person at all times. (3) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty-five dollars nor more than one hundred dollars, or be imprisoned for not more than thirty days.
Section 50-9-500. It is unlawful for any resident of the State to fish in any of the waters of this State described in this section with nonmanufactured tackle or natural bait unless he has first obtained a special `reservoirs, lakes, and streams freshwater permit'. No person licensed under the provisions of Sections 50-9-10, 50-9-15, or 50-9-450 is required to purchase a permit. The permits must be obtained from the department at a fee of three dollars. One dollar of the fee must be retained by the agent issuing the permit and the remaining portion of the proceeds of the sale of the permit must be remitted to the department and held in a separate fund for use in the protection and propagation of game and other fish within the waters described in this section in the counties adjacent to them. The provisions of this section apply to the following bodies of water within this State: (1) the waters or backwaters of the Catawba and Wateree Rivers within Chester, Fairfield, Kershaw, and Lancaster Counties, except waters lying more than one hundred yards south of the Wateree Dam in Kershaw County; (2) Lake Marion; (3) Lake Moultrie, the Diversion Canal, and the Tail Canal; (4) Lake Murray; (5) all of the waters of the Savannah River between the Stevens Creek Dam and the highway bridge between Calhoun Falls, South Carolina, and Elberton, Georgia, including the waters impounded between Stevens Creek Dam and Clark Hill Dam; (6) Keowee-Toxaway Lake in Oconee and Pickens Counties; (7) Lake Jocassee; (8) Lake Greenwood; (9) Hartwell Reservoir; (10) Lake Richard B. Russell; (11) Lake Wiley; (12) the Parr Hydroelectric Project Fish and Game Management Area: (a) Parr Reservoir; (b) Monticello Reservoir; (c) Monticello Reservoir Sub-Impoundment. The provisions of this section do not affect in any way any reciprocal agreement with the State of Georgia as to recognition of residents' fishing licenses or permits. Any person exempt from licensing requirements under Article 9 of this chapter is exempt from the requirement to purchase a permit as provided in this section. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than fifty dollars nor more than two hundred dollars or by imprisonment for not more than thirty days. Notwithstanding Section 50-9-460 or 50-9-470 or other provisions of Title 50, a nonresident of this State may procure a three-day permit as provided in this section at a cost of three dollars, one dollar of which may be retained by the issuing agent. The portion of the proceeds not retained by the agent must be remitted to the department and used as provided in this section.
Section 50-9-510. All persons applying for licenses shall receive such license as may be provided of such suitable design as may be designated by the department. Every person shall, while fishing, carry on his person such license and shall show his license to any officer upon demand. The cost of such licenses shall be paid for out of the game protection fund.
Section 50-9-520. The department shall provide for the furnishing of licenses under the terms of Sections 50-9-420 and 50-9-510 in accordance with the provisions concerning hunting licenses.
Section 50-9-530. It shall be unlawful for any person to borrow, lend or exchange a fishing license with another person. Any person convicted of violating the provisions of this section, Section 50-9-410 or Section 50-9-450 shall, in addition to suffering penalties set forth in Section 50-9-540, forfeit any right to any fishing license issued him and shall be prohibited from procuring another fishing license for the season for which the fishing or hunting license so borrowed, loaned or exchanged was issued.
Section 50-9-540. Any person violating any provision of Sections 50-9-410, 50-9-450 or 50-9-530 unless otherwise provided by law, is guilty of a misdemeanor and, upon conviction, shall be fined at least fifty dollars but not more than two hundred dollars or imprisoned for at least ten days but not more than thirty days.
Section 50-9-550. Anyone convicted of violating any of the provisions of Sections 50-9-420 and 50-9-510 shall be sentenced to pay a fine of not less than one hundred dollars nor more than two hundred dollars or to serve not less than forty-eight hours nor more than thirty days.
Section 50-9-560. Any person violating the provisions of Sections 50-9-470 and 50-9-480 shall, upon conviction, be punished by a fine of two hundred dollars or by imprisonment for not less than forty-eight hours nor more than thirty days. Notwithstanding any other provision of law, no part of the monetary fine may be suspended in whole or in part.
Article 9
Exemptions
Section 50-9-810. Any person who has been a resident of this State for three years and can produce a certificate from a licensed doctor of medicine that he is totally and permanently disabled may secure, without cost, a license to hunt and fish in this State. For the purposes of this section, total and permanent disability shall mean the physical inability to perform work in any occupation, which physical inability appears to be of a permanent nature. Applications for licenses shall be obtained from the local enforcement officer and shall be forwarded by the applicant to the department. The department shall review the application and issue licenses to qualified persons. All applications shall include the required doctor of medicine's certificate. Any applicant who wilfully misrepresents his eligibility for a license under the terms of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars nor less than twenty-five dollars.
Section 50-9-820. When the United States Department of Veterans' Affairs, the Veterans' Affairs Division of the Governor's Office, or a County Veterans' Affairs Officer issues an identification card stating the individual named thereon is one hundred percent permanently and totally disabled, the card shall be deemed to be a hunting and fishing license or permit for such individual in lieu of any and all other permits or licenses issued by the State or county.
Section 50-9-830. All blind residents of this State, all orphans of any orphanage or other eleemosynary institution of this State, any boy or girl scout, and physically handicapped and mentally retarded persons, as defined by Section 44-21-30(4), may hunt or fish within any county in this State without obtaining a license to do so, if the blind person or the superintendent or person in charge of the institution, scouts, or physically handicapped or mentally retarded persons shall first apply to the department for a permit allowing the blind person, orphans, scouts, or physically handicapped or mentally retarded persons to hunt or fish, giving the name of the blind person or each orphan, scout, or physically handicapped or mentally retarded person and the name of the institution, sponsoring entity, or troop. The superintendent or person in charge of the orphans, scouts, or physically handicapped or mentally retarded persons shall accompany them on the hunting or fishing trip for which the permit is granted. The department may issue the permit when the above conditions have been complied with. Notwithstanding the provisions of this section or any other provision of law, mentally retarded persons permitted to hunt or fish pursuant to this section are not authorized in any instance to carry or use firearms while hunting or fishing hereunder.
Section 50-9-840. Any person who has been a resident of the State for at least one year, and who has attained the age of sixty-five years may secure a license to hunt and fish within any county in this State without cost, upon presentation of sufficient evidence to any enforcement officer that he has been a resident for such period and has attained the age of sixty-five years.
Section 50-9-860. No child under sixteen years of age is required to procure a hunting or fishing license or any other permit or license required for hunting or fishing unless that child engages in the taking of game or fish for commercial purposes.
Article 11
Suspension of Hunting and Fishing Privileges
Section 50-9-1010. The term `conviction' as used in this article shall also include the entry of any plea of guilty, the entry of any plea of nolo contendere and the forfeiture of any bail or collateral deposited to secure a defendant's appearance in court.
Section 50-9-1020. There is established the following point system to be used by the department in suspending hunting and fishing privileges of those persons participating in those activities within this State: Violation Points 1. COMMON VIOLATIONS (a) Resisting arrest by the use of force, violence, or weapons against the person or any employee of the department while engaged in his duties, any law enforcement officer aiding in the work of the department or any 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 any illegal manner not mentioned specifically elsewhere in this section . . . . . . . . . . . . .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 No points shall be assessed by authority of item (f) for fish taken on the seaward side of the saltwater-freshwater dividing lines as provided in Section 50-17-30. 2. HUNTING VIOLATIONS (a) Killing or attempting to kill or molest deer from a motorboat. . . . . . . . . . . . . . . . . . . . . . . . . . . 14 (b) Night hunting deer or bear . . . . . . . . . . . . . . 18 (c) Illegal transportation of furs or hides and possession of untagged hides . . . . . . . . . . . . . . . . . . . . . . . . 10 (d) Trapping quail or wild turkeys . . . . . . . . . . . . 10 (e) Hunting over bait. . . . . . . . . . . . . . . . . . . .8 (f) Killing or possession of 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) Buckshot in possession illegally . . . . . . . . . . . .5 (i) Unplugged gun in possession while hunting--violation of Section 50-11-10 of the 1976 Code. . . . . . . . . . . . . . . .4 (j) Killing or possessing of male wild turkeys (gobblers) during the closed season and killing or possessing wild turkey hens except as expressly provided by law. . . . . . . . . . . . . . 18 (k) Roost shooting of 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
Section 50-9-1030.Each time a person is convicted by a court of law of a violation enumerated in Section 50-9-1020, the number of points assigned to such a violation shall be charged against such person. For each calendar year that passes thereafter in which the person received no points, the department shall deduct one half of the accumulated points if the total number of points is greater than three. If a person has three or less points at the end of a calendar year in which no points were received, then the department shall reduce his point total to zero; provided, however, that at no time shall any person's record be less then zero points.
Section 50-9-1040. The department shall suspend for one year the hunting and fishing privileges of any person who has eighteen or more points. Such suspension shall commence on the eleventh day after such person receives written notice by mail, return receipt requested of such suspension, and shall end on the same day the following year.
Section 50-9-1050. (a) Upon the determination by the department that a person has accumulated sufficient points to warrant the suspension of his privileges, the department shall notify such person in writing, return receipt requested, that his privileges have been suspended and such person shall return any license in his name to the department within ten days. (b) Such person may, within ten days after such notice of suspension, request in writing a review, and upon receipt of such request, the department shall afford him a review. The department shall notify him of the date, time and place of the review and such person shall have the right to have his attorney present with him if he so desires. (c) If such person requests a review, the suspension shall be held in abeyance until the day of the final disposition of his review by the department and if the suspension is upheld, the suspension shall commence on the eleventh day thereafter and end on the same day of the following year. The review by the department shall be limited to a determination of the validity of the violations and points assessed thereon. No probationary authority is given to the department by discretion or otherwise.
Section 50-9-1060. (a) Any person whose privileges have been suspended under the provisions of this article may, within ten days after notice of the result of the review, apply to the resident or presiding circuit judge of the circuit in which the applicant resides for a review upon the record certified to by the board to determine if the action taken by the department is lawful and in accordance with the provisions of this article. Such person shall have the right to have his counsel present with him if he so desires. (b) If such person requests a review upon the record the suspension shall be held in abeyance until the day of the final disposition of such review upon the record and if the suspension is upheld, the suspension shall commence on that day and end on the same day of the following year.
Section 50-9-1070. After the expiration of the period of suspension, such person's record shall be cleared of any points and such person shall start anew with no points.
Section 50-9-1080. The department shall administer and enforce the provisions of this article and may make such rules and regulations necessary for its administration not inconsistent with the article. The department shall print and distribute at the time of selling hunting or fishing licenses a card or brochure explaining the point system.
Section 50-9-1090. Nothing contained in this article shall affect the action of the department in suspending, revoking or canceling any license when such action is mandatory under the provisions of any other law of this State.
Section 50-9-1100. Any person who hunts or fishes while under suspension is guilty of a misdemeanor and, upon conviction, shall be fined not less than two hundred fifty dollars nor more than five hundred dollars or imprisoned for not more than one year, or both, and such person shall have his hunting and fishing privileges suspended for an additional three-year period for each offense.
Section 50-9-1110. The points and penalties assessed under this article shall be in addition to and not in lieu of any other civil remedies or criminal penalties which may be assessed."
Commission, director, and certain divisions changed to board or department; names revised; committee and board duties provided; season for taking antlered deer revised
SECTION 1262. Chapter 11, Title 50 of the 1976 Code is amended to read:
"CHAPTER 11
Protection of Game
Article 1
General Provisions
Section 50-11-10. (A) The Federal Migratory Bird Treaty Act and its implementing regulations are the law of this State. However, the board annually may set special seasons, bag limits, and methods for hunting and taking waterfowl consistent with the regulations. A violation of the regulations or related state law is a misdemeanor punishable by a fine of not less than fifty nor more than one hundred dollars or thirty days' imprisonment. (B) If a person is convicted of one or more of the following offenses, he must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than ninety days: (1) trespassing to hunt waterfowl; (2) hunting waterfowl over bait; (3) shooting waterfowl over bait; (4) hunting waterfowl more than fifteen minutes before or after regularly designated hunting hours; (5) possessing more than one waterfowl over the legal limit; (6) hunting waterfowl out of season.
Section 50-11-20. (A) As used in this article: (1) ` Board' means the governing body of the South Carolina Department of Natural Resources. (2) `Committee' means the Migratory Waterfowl Committee. (3) `Department' means the South Carolina Department of Natural Resources. (4) `Migratory waterfowl' means members of the family `Anatidae', including brants, ducks, geese, and swans. (B) There is created the Migratory Waterfowl Committee composed of nine members. The Ducks Unlimited Regional Director for South Carolina and the immediate past and present chairman of Ducks Unlimited shall serve ex officio. Two members are appointed by the Chairman of the Agriculture and Natural Resources Committee of the House of Representatives, two are appointed by the Chairman of the Fish, Game and Forestry Committee of the Senate, and two are appointed by the Governor, all of whom must be cognizant of waterfowl. The members of the committee shall serve for terms of three years and until successors are appointed and qualify. Vacancies are filled for the unexpired term in the manner of the original appointment. The members of the committee shall elect a chairman annually. Members of the committee are eligible to receive such per diem, subsistence, and mileage as is provided by law for members of boards, commissions, and committees. (C) The committee is responsible for the creation of the annual migratory waterfowl stamp provided in Section 50-9-155, shall provide the design to the department, and shall recommend regulations to the department for the creation of migratory waterfowl stamp prints, their administration, sale, and distribution, and other matters relating to the stamps and their prints. If the committee sells any of the stamps, it shall purchase them from the department for five dollars and fifty cents a stamp, all of which is retained by the department. Funds derived from the sale of prints and related artwork must be expended as follows: (1) The portion of the funds necessary to make up fifty percent of the total funds derived from the sale of the migratory waterfowl stamps and the migratory waterfowl stamp prints must be transferred by the committee to the department to be used for its specified projects. (2) Except for the amount necessary for the committee to administer and promote the sale of any prints, stamps, or related articles, the remainder of the funds derived from the sale of the prints and related articles must be disbursed to an appropriate nonprofit organization as determined by the board for the development of waterfowl propagation projects within Canada. The projects must specifically provide waterfowl for the Atlantic Flyway and must demonstrate evidence that the projects are acceptable to the appropriate governmental agencies having jurisdiction over the project areas. (3) The committee shall have an annual audit of its finances conducted by the State Auditor and shall furnish a copy to the board.
Section 50-11-25. (A) It is unlawful to take migratory waterfowl from blinds or positions where the floor level of the blind or the position is: (1) more than ten feet above surface level in or around freshwater; or (2) more than five feet above the mean high water in or around saltwater. (B) A blind on public lands or waters must be constructed from biodegradable materials. (C) Once vacated, a blind on public lands or waters may be used by persons on a `first come, first served' basis. (D) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
Section 50-11-30. In all instances when the open season for the hunting of game expires on Sunday, the period is extended to include the following Monday. When the open season for hunting of game begins on a Sunday, hunting is allowed on the Saturday preceding and the season for hunting game opens on that day.
Section 50-11-40. (A) It is unlawful for any person to hunt, catch, take, kill, or attempt to hunt, catch, take, or kill any game bird or game animal by the use or aid of recorded calls or sounds or recorded or electronically amplified imitations of calls or sounds. (B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than one hundred dollars.
Section 50-11-45. In addition to weapons defined as primitive weapons by statute or regulation, a rifle, .36 caliber or larger, which uses black powder only as its propellant charge and which has a one-eighth inch nonmagnified peep site on the rear of the barrel, is a primitive weapon.
Article 2
Small Game
Section 50-11-110. The following species constitute small game animals: raccoon, opossum, rabbit, squirrel, fox, quail, bobcat, beaver, mink, muskrat, skunk, otter, grouse, and weasel.
Section 50-11-120. (A) Except as specified in this section the season for hunting small game is Thanksgiving Day through March first. However, there is no open season on grouse except in Game Zone 1. (1) Game Zone 1: (a) rabbit: September first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; (b) squirrel: October first through March first with weapons and dogs; (c) fox: year round but no weapons may be used January second through August fifteenth; (d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only; (e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; (2) Game Zone 2: (a) rabbit: September first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; (b) squirrel: October first through March first with weapons and dogs; (c) fox: year round but no weapons may be used January second through August fifteenth; (d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only; (e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; (3) Game Zone 3: (a) rabbit: September first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; (b) squirrel: October first through March first with weapons and dogs; (c) fox: year round but no weapons may be used January second through August fifteenth; (d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only; (e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; (4) Game Zone 4: (a) rabbit: September first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; (b) squirrel: October first through March first with dogs and weapons; (c) fox: year round but no weapons may be used February fifteenth through August fifteenth; (d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only; (e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; (5) Game Zone 5: (a) rabbit: September first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; (b) squirrel: October first through March first with weapons and dogs; (c) fox: year round but no weapons may be used January second through August fifteenth; (d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only; (e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; (6) Game Zone 6: (a) rabbit: September first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; (b) squirrel: October first through March first with dogs and weapons; (c) fox: August fifteenth through March fifteenth. Notwithstanding the provisions of this section, it is unlawful to hunt foxes, with or without firearms, in Game Zone 6 between March fifteenth and August fifteenth. However, there is no closed season for the running of foxes with dogs for the purpose of training the dogs in a private enclosed fox-hunting-dog-training facility; (d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only; (e) quail: Monday before Thanksgiving Day through the first Saturday in March with weapons; October first through the Sunday before Thanksgiving Day without weapons; (7) Game Zone 7: (a) rabbit: September first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; (b) squirrel: October first through March first with dogs and weapons; (c) fox: year round but no weapons may be used January second through August fifteenth; (d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only; (e) mink: September fifteenth through March first; (f) muskrat: September fifteenth through March first; (g) otter: September fifteenth through March first; (h) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; (8) Game Zone 8: (a) rabbit: September first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; (b) squirrel: October first through March first with weapons and dogs; (c) fox: year round but no weapons may be used January second through August fifteenth; (d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only; (e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; (9) Game Zone 9: (a) rabbit: September first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; (b) squirrel: October first through March first with weapons and dogs; (c) quail: Thanksgiving Day through the first Saturday in March; (d) fox: year round without weapons; with weapons September first through January first; (e) raccoon and opossum: September fifteenth through October fourteenth; March second through March fifteenth without weapons and with dogs only; October fifteenth through March first with weapons and dogs. All hunting of raccoon and opossum in Game Zone 9 must be at night. Night as used in this section is that time between official sunset one day and official sunrise the following day; (f) mink: November first through March first; (g) muskrat: November first through March first; (h) otter: November first through March first; (i) skunk: November first through March first; (j) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; (10) Game Zone 10: (a) rabbit: September first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; (b) squirrel: October first through March first with weapons and dogs; (c) fox: year round but without weapons January second through August fifteenth; (d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only; (e) mink: September fifteenth through March first; (f) muskrat: September fifteenth through March first; (g) otter: September fifteenth through March first; (h) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; (11) Game Zone 11: (a) rabbit: September first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; (b) squirrel: October first through March first with weapons and dogs; (c) fox: year round but without weapons January second through August fifteenth; (d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only. Hunting of raccoon in Game Zone 11 must be at night; (e) quail: Monday before Thanksgiving Day through March first with weapons; October first through the Sunday before Thanksgiving Day without weapons; (B) In all game zones it is lawful to run rabbits with dogs at any time during the year in enclosures approved by the department. (C) The season dates in this section are inclusive, except as otherwise provided. It is unlawful to hunt a game animal except during the seasons provided and as specified in this section. Unless otherwise specified during a small game season when weapons are allowed, dogs also may be used.
Section 50-11-130. A person hunting with firearms in Game Zone 9 from the first of May through August thirty-first of each year is guilty of a misdemeanor and, upon conviction, must be fined in an amount not to exceed one hundred dollars or imprisoned for a term not to exceed thirty days. If during any year the opening of the season for the hunting of doves is scheduled to begin prior to September first, the period during which hunting with firearms is prohibited under this section must be adjusted for that year to conform.
Section 50-11-140. During any period in which raccoons and opossums are allowed to be hunted without firearms, it is unlawful to hunt such game when carrying on one's person or in one's vehicle any firearm, saw, ax, artificial calling device, or tree-climbing device. Mouth-operated calling devices may be used in field trials as provided by the department in Section 50-11-2100.
Section 50-11-150. For purposes of this section day means the time between one-half hour before sunrise one day and one-half hour before sunrise the following day. Night means the time between official sunset one day and official sunrise the following day. Where bag limits are specified on `a night' basis, and there is a day season specified in Section 50-11-120, there is no limit on game taken during daylight hours. It is unlawful to exceed the small game bag limits as follows: (1) Game Zone 1: (a) quail: ten a day; (b) grouse: three a day; (c) rabbit: five a day; (d) squirrel: ten a day; (e) fox: no limit; (f) raccoon: three a party a night; (g) opossum: three a party a night; (2) Game Zone 2: (a) quail: ten a day; (b) rabbit: five a day; (c) squirrel: ten a day; (d) fox: no limit; (e) raccoon: three a party a night; (f) opossum: three a party a night; (3) Game Zone 3: (a) quail: fifteen a day; (b) rabbit: five a day; (c) squirrel: ten a day; (d) fox: no limit; (e) raccoon: no limit; (f) opossum: no limit; (4) Game Zone 4: (a) quail: fifteen a day; (b) rabbit: five a day; (c) squirrel: ten a day; (d) fox: no limit; (e) raccoon: three a party a night; (f) opossum: three a party a night; (5) Game Zone 5: (a) quail: ten a day; (b) rabbit: five a day; (c) squirrel: ten a day; (d) fox: no limit; (e) raccoon: three a party a night; (f) opossum: no limit; (6) Game Zone 6: (a) quail: fifteen a day; (b) rabbit: five a day; (c) squirrel: ten a day; (d) fox: no limit; (e) raccoon: no limit; (f) opossum: no limit; (7) Game Zone 7: (a) quail: ten a day; (b) rabbit: five a day; (c) squirrel: ten a day; (d) fox: no limit; (e) raccoon: no limit; (f) opossum: no limit; (8) Game Zone 8: (a) quail: twelve a day; (b) rabbit: five a day; (c) squirrel: ten a day; (d) fox: no limit; (e) raccoon: three a party a night; (f) opossum: no limit; (9) Game Zone 9: (a) quail: fifteen a day; (b) rabbit: five a day; (c) squirrel: ten a day; (d) fox: no limit; (e) raccoon: two a party a night; (f) opossum: no limit; (10) Game Zone 10: (a) quail: ten a day; (b) rabbit: five a day; (c) squirrel: ten a day; (d) fox: no limit; (e) raccoon: three a night; (f) opossum: no limit; (11) Game Zone 11: (a) quail: fifteen a day; (b) rabbit: five a day; (c) squirrel: ten a day; (d) fox: no limit; (e) raccoon: no limit; (f) opossum: no limit.
Section 50-11-160. It is unlawful for any person to trap rabbits, except that a landlord or tenant may use not more than five rabbit boxes on lands on which he has exclusive control during the open season for rabbits as provided by law.
Section 50-11-170. Any person who buys, sells, or displays for sale in Game Zones 2 and 4 the carcasses of wild rabbits or parts of wild rabbits is guilty of a misdemeanor and must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
Section 50-11-180. The trapping or snaring of quail is prohibited except as provided for scientific or propagation purposes.
Article 3
Big Game
Section 50-11-310. Until July 1, 1993, the open season for taking antlered deer is: (1) As set by the department between the dates of October first and January first in Game Zones 1, 2, and 4. The department may designate the sex of the deer that may be taken and may promulgate regulations for the proper control of the deer harvest in these games zones. (2) In Game Zone 5, antlered deer may be taken from September fifteenth through January first. (3) In Game Zone 7, by bow and arrow from September first through January first and with firearms from September fifteenth through January first. (4) In Game Zone 8, from September fifteenth through January first. (5) In Game Zone 9, antlered deer from August fifteenth to August thirty-first with bow and arrow only; antlered deer from September first through January first with firearms and antlerless deer from December fifteenth through January first with bow and arrow only. (6) In Game Zone 10, from September first through January first with bow and arrow only. Antlered deer may be taken with firearms from September fifteenth through January first. (7) Except as provided above, the season for taking antlered deer is from August fifteenth through January first. (8) It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer. From and after July 1, 1993, the open season for taking antlered deer is: (1) As set by the department between the dates of October first and January first in Game Zones 1, 2, and 4. The department may designate the sex of the deer that may be taken and may promulgate regulations for the proper control of the deer harvest in these games zones. (2) In Game Zone 5, antlered deer may be taken from September fifteenth through January first. (3) In Game Zone 7, by bow and arrow from September first through January first and with firearms from September fifteenth through January first. (4) In Game Zone 8, from September first through January first. (5) In Game Zone 9, antlered deer from August fifteenth to August thirty-first with bow and arrow only; antlered deer from September first through January first with firearms and antlerless deer from December fifteenth through January first with bow and arrow only. (6) In Game Zone 10, from September first through January first with bow and arrow only. Antlered deer may be taken with firearms from September fifteenth through January first. (7) Except as provided above, the season for taking antlered deer is from August fifteenth through January first. (8) It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer.
Section 50-11-335. The bag limit on deer is as follows: Game Zones 1, 2, and 4: As set by the department. Game Zone 8: Five antlered deer a season. Game Zone 7: One antlered deer a day not to exceed five a season. Game Zone 10: five antlered deer a season. For all other game zones, there is no day or season limit on antlered deer.
Section 50-11-340. Any person convicted of hunting deer during the closed season must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days. None of the fine may be suspended.
Section 50-11-350. Any person taking, attempting to take, or having in his possession deer illegally or taking, attempting to take, or killing deer in any way prohibited by the department in Game Zone 1, 2, or 4 and on wildlife management area lands throughout the State is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
Section 50-11-355. It is unlawful to hunt deer within three hundred yards of a residence without permission of the owner and occupant. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. The provisions of this section do not apply to a landowner hunting on his own land.
Section 50-11-356. It is unlawful to discharge a gun or weapon within three hundred yards of a poultry layer or broiler house containing live poultry without permission of the owner. Anyone knowingly violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. The provisions of this section do not apply to a landowner discharging a gun or weapon on his own land.
Section 50-11-380. In Game Zone 1 it is unlawful, except during the season when the hunting of deer and bear is lawful, for any person engaged in the hunting of any game whatsoever to have in his possession any ammunition loaded with buckshot or larger shot or, while so engaged, to have in his possession a rifle, the caliber of which is greater than a caliber twenty-two, rimfire, or any rifle ammunition of a greater caliber than twenty-two. Any person convicted of violating the provisions of this section must be imprisoned for not more than thirty days or fined not more than two hundred dollars.
Section 50-11-390. (A) In Game Zones 1, 2, and 4 the department may declare open seasons and set bag limits and methods of hunting and taking antlerless deer provided in Sections 50-11-120 and 50-11-410. In all other game zones the department may declare open seasons, set bag limits and methods of hunting and taking antlerless deer, and issue antlerless deer quota permits of fifty dollars each to landowners or lessees for the hunting and taking of antlerless deer. Derived revenue must be used to administer the permits and conduct deer research and management statewide. (B) The department may declare an open season for taking antlerless deer only between October first and January first. Antlerless deer taken pursuant to a quota permit must be tagged with a valid antlerless deer tag and reported. The tag must be attached permanently to the lower jaw of the deer immediately after it is taken and before it is transported. (C) A person violating this section is guilty of a misdemeanor and, upon conviction, must be punished as in Section 50-11-410. (D) The department may close the season and suspend or revoke a quota permit when environmental conditions or other factors warrant.
Section 50-11-400. It is unlawful for anyone in this State to have in his possession any deer with the head detached when the person is in transit from any woods, swamps, fields, or roads. Any person convicted of transporting a deer with the head detached must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
Section 50-11-410. For purposes of this chapter, antlerless deer means a female (doe) deer, a male (buck) deer not exhibiting two inch antlers visible above the natural hairline, or a male (buck) deer that has shed, broken, or otherwise lost its antlers. In South Carolina, it is unlawful to hunt, kill, take, or possess any antlerless deer on any property unless an open season has been declared on that property or an antlerless deer quota permit has been issued for the legal harvest of antlerless deer on that specific property. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
Section 50-11-420. Any person in whose possession recently killed venison or fresh deerskin is found during the closed season for hunting deer in that game zone by law 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.
Section 50-11-430. (A) It is unlawful to: (1) hunt, take, or attempt to take a bear except during the open season which is set by the department; (2) buy, sell, barter, or exchange a bear or bear part; (3) possess or transport a freshly killed bear or a bear part except during the open season for hunting and taking bears. (B) Each act constituting a violation is a separate offense. (C) 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 for not more than two years, or both. The hunting and fishing privileges of a person convicted under the provisions of this section must be suspended for three years. Equipment used or intended for use in violating this section is forfeited to the department. The court may order that restitution be paid 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.
Section 50-11-440. It is unlawful to use any type bait to concentrate the bear population in any area or to lure them to any location which gives the hunter an unnatural advantage when he is hunting bear.
Section 50-11-500. (1) It is unlawful for any 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 any person to trap or snare any wild turkey or to hunt or shoot a wild turkey at any time from any natural or artificial blind or hiding place when the turkey is lured by bait. This does not apply to mechanical feeders when used in a planned conservation and management program approved by the department. (3) It is unlawful for any person to hunt, kill, or possess female wild turkeys unlawfully killed at any time unless the department sets special open seasons for their taking under the provisions of Sections 50-11-520, 50-11-530, and 50-11-540. (4) It is unlawful for any person to buy, sell, offer for sale, barter, or have in possession for sale any wild turkeys. (5) It is unlawful for any 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 they have been examined for parasites or disease and the release approved by the department not less than thirty days before the date of their release. (6) It is unlawful for any person to buy, sell, offer for sale, barter or have in possession for sale any pen-raised wild turkeys or domestic turkeys for purposes of release in the wild. The department may authorize pen-raised wild turkeys to be released under permit on licensed privately owned shooting preserves if the wild turkeys are designated as legal shooting preserve game by the department, if they have been examined for parasites or disease, and the release approved by the department not less than thirty days before the date of their release. The taking of wild turkey on licensed shooting preserves is governed by Article 7 of this chapter. (7) It is unlawful for any person to sell or give away pen-raised wild turkeys which are authorized to be released on licensed shooting preserves without the written consent of the department. (8) It is unlawful for any person to shoot any wild turkey on its roost between thirty minutes after official sunset and thirty minutes before official sunrise. (9) It is unlawful for any person to possess pen-raised wild turkeys without a possession permit issued by the department. (10) A person who hunts or attempts to hunt a wild turkey is required to have in his possession a set of wild turkey transportation tags issued by the department or its designated agent at no cost. A wild turkey killed must be tagged before being transported from the point of kill. All bagged wild turkeys must be checked at a designated wild turkey check station. The daily bag limit for wild turkeys is two a day, not to exceed five during any one license year, and no person may take more than two wild turkeys during an open fall season. No hunter may possess more than one set of turkey tags. A set consists of five tags. (11) It is unlawful for a person to take or attempt to take a wild turkey from a vehicle on a public road. (12) It is unlawful for a person to take or attempt to take a wild turkey with a rifle. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days except, upon conviction, any person unlawfully buying, selling, offering for sale, bartering, or having in possession any wild turkey or wild turkey eggs must be fined twenty-five dollars for each wild turkey or egg bought, sold, offered for sale, bartered, or possessed for sale or unlawfully possessed. Each day's violation constitutes a separate offense.
Section 50-11-510. It is unlawful for a person to hunt or take or attempt to hunt or take a wild turkey by means of, or aid or use of, bait or baiting or on or over any baited area. As used in this section, `bait' or `baiting' means the placing, depositing, exposing, distributing, or scattering of salt, shelled, shucked, or unshucked corn, wheat, or other grain, or other foodstuffs to constitute for wild turkeys a lure, attraction, or enticement to, on, or over any areas where hunters are attempting to take them, and `baited area' means an area where salt, shelled, shucked, or unshucked corn, wheat, or other grain, or other foodstuffs capable of luring, attracting, or enticing wild turkeys is directly or indirectly placed, exposed, deposited, distributed, or scattered, and the area remains a baited area for ten days following complete removal of all bait.
Section 50-11-520. The department may make special studies in all game zones of this State which have been restocked with wild turkeys and, after such studies the department may declare open or closed seasons of such duration as it considers advisable for the taking of turkeys in areas concerned. However, in Game Zones 6 and 11, the open and closed seasons for the taking of wild turkey are as provided in Section 50-11-560 except in those areas under restocking agreements with the department.
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. The bag limit for turkeys in Game Zones 6 and 11 is not more than two male turkeys a day and not more than five male turkeys a season.
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. Every vehicle, boat, animal, firearm, or other equipment used in hunting turkeys in violation of Sections 50-11-520 and 50-11-530 or in the possession of persons convicted of violations at the time of the violations is forfeited to the State and may be confiscated by any peace officer who shall deliver the items to the department. For purposes of this section, a conviction for unlawfully hunting turkeys is conclusive as against any convicted owner of the above mentioned property. In all other instances forfeiture is accomplished by the initiation by the State of an action in the circuit court in the county in which the property was seized giving notice to owners of record and lienholders of record or other persons having claimed an interest in the property subject to forfeiture and an opportunity to appear and show, if they can, why the property should not be forfeited and disposed of as provided for by this section. Failure of any person claiming an interest in the property to appear at the above proceeding after having been given notice of the proceeding constitutes a waiver of his claim and the property is forfeited immediately to the State. Notice of the above proceedings is accomplished by: (a) personal service of the owner of record or lienholder of record by certified copy of the petition or notice of hearing or (b) in the case of property for which there is no owner or lienholder of record, publication of notice in a newspaper of local circulation in the county where the property was seized for at least two successive weeks before the hearing. Property constituted forfeited property by this section must be sold under the same procedure prescribed in Section 50-11-740.
Section 50-11-550. It is unlawful between the dates of February sixteenth and Thanksgiving Day for any person to discharge any weapon, other than a shotgun, within one-fourth of a mile of the backwaters of the Catawba River and its tributaries up to the point and including all waters impounded by the India Hook Dam.
Section 50-11-560. In Game Zones 6 and 11 male wild turkeys, gobblers, may be hunted from March fifteenth to May first, inclusive; but landowners of ten thousand acres or more may have an option of choosing the hunting season provided herein or a hunting season which extends from the day before Thanksgiving to March fifteenth of each year. If they elect the option of the season extending from the day before Thanksgiving to March fifteenth, hunting on such lands during such season is lawful upon the filing of a notarized statement of the election with the department at least ten days prior to the opening of the season.
Article 4
Night Hunting, Harassment of Wildlife, Trespass Offenses
Section 50-11-700. The use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful after 11:00 p.m. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.
Section 50-11-703. (A) In Game Zone No. 1 the use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful. (B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.
Section 50-11-704. (A) In Game Zone No. 4 the use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful. (B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. (C) Nothing in this section may be construed to prohibit the lawful hunting of raccoon and fox.
Section 50-11-705. In Game Zone No. 2 the use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. Nothing in this section may be construed to prohibit the lawful hunting of raccoon and fox.
Section 50-11-706. (A) In Game Zones 9 and 10 the use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful. However, this section does not prohibit an owner of real property or a person with a legal interest therein from the use of artificial lights from any vehicle or water conveyance for the purpose of surveying or protecting his property. (B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. (C) Nothing in this section may be construed to prohibit the lawful hunting of raccoon and fox.
Section 50-11-710. Night hunting in this State is unlawful except that raccoons, opossums, foxes, mink, and skunk may be hunted at night; however, they may not be hunted with artificial lights except when treed or cornered with dogs, or with buckshot or any shot larger than a number four, or any rifle ammunition of larger than a twenty-two rimfire. For the purposes of this section, `night' means that period of time between one hour after official sundown of a day and one hour before official sunrise of the following day. Any person violating the provisions of this section, upon conviction, must be fined for the first offense not more than one thousand dollars, or be imprisoned for not more than one year, or both; for the second offense within two years from the date of conviction for the first offense, not more than two thousand dollars nor less than four hundred dollars, or be imprisoned for not more than one year nor for less than ninety days, or both; for a third or subsequent offense within two years of the date of conviction for the last previous offense, not more than three thousand dollars nor less than five hundred dollars, or be imprisoned for not more than one year nor for less than one hundred twenty days, or both. Any person convicted under this section after more than two years have elapsed since his last conviction must be sentenced as for a first offense. In addition to any other penalty, any person convicted for a second or subsequent offense under this section within three years of the date of conviction for a first offense shall have his privilege to hunt in this State suspended for a period of two years. No hunting license may be issued to an individual while his privilege is suspended, and any license mistakenly issued is invalid. The penalty for hunting in this State during the period of suspension, upon conviction, must be imprisonment for not more than one year nor less than ninety days. The provisions of this section may not be construed to prevent any owner of property from protecting the property from destruction by wild game as provided by law. It is unlawful for a person to use artificial lights at night, except vehicle headlights while traveling in a normal manner on a public road or highway, while in possession of or with immediate access to both ammunition of a type prohibited for use at night by the first paragraph of this section and a weapon capable of firing the ammunition. A violation of this paragraph is punishable as provided by Section 50-11-720.
Section 50-11-720. Notwithstanding the provisions of Section 50-11-710, any person convicted of the crime of night hunting for deer or bear must (1) for a first offense be fined not more than two thousand five hundred dollars or imprisoned as provided in Section 50-11-710; (2) for a second offense within two years of the first conviction be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned as provided for a first offense; (3) for a third or subsequent offense within two years of a conviction for a second or subsequent offense be fined not less than six hundred dollars nor more than three thousand dollars or imprisoned as provided for a first offense.
Section 50-11-730. It is unlawful for any person to hunt, shoot, or in any way kill deer from a motorboat, raft, or other water conveyance or to molest deer while any part of the deer is in the water. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not less than thirty days nor more than ninety days or be fined not less than one hundred dollars nor more than five hundred dollars. `Hunting', as used in this section in reference to a vehicle, boat, or device, includes the transportation of a hunter to or from the place of hunting in violation of this section, or the transportation of the carcass of a deer, or any part of a deer, which has been unlawfully hunted or killed in violation of this section. In addition to the penalty herein, every boat, raft, or other water conveyance, vehicle, animal, firearm, and any other device being used in the violation of this section must be confiscated and delivered to the department. For purposes of this section, a conviction for unlawfully hunting deer from boats or other water conveyances is conclusive as against any convicted owner of the above-mentioned property. In all other cases, the forfeiture and sale is accomplished by the procedure set forth in Section 50-11-740.
Section 50-11-740. Every vehicle, boat, animal, and firearm used in the hunting of deer or bear at night is forfeited to the State and must be confiscated by any peace officer who shall forthwith deliver it to the department. `Hunting' as used in this section in reference to a vehicle or boat includes the transportation of a hunter to or from the place of hunting or the transportation of the carcass, or any part of the carcass, of a deer or bear which has been unlawfully killed at night. For purposes of this section, a conviction for unlawfully hunting deer or bear at night is conclusive as against any convicted owner of the above-mentioned property. In all other instances, forfeiture must be accomplished by the initiation by the State of an action in the circuit court in the county in which the property was seized giving notice to owners of record and lienholders of record or other persons having claimed an interest in the property subject to forfeiture and an opportunity to appear and show, if they can, why the property should not be forfeited and disposed of as provided for by this section. Failure of any person claiming an interest in the property to appear at the above proceeding after having been given notice of the proceeding constitutes a waiver of his claim and the property must be immediately forfeited to the State. Notice of the above proceedings must be accomplished by: (a) personal service of the owner of record or lienholder of record by certified copy of the petition or notice of hearing or; (b) in the case of property for which there is no owner or lienholder of record, publication of notice in a newspaper of local circulation in the county where the property was seized for at least two successive weeks before the hearing. The department shall sell any confiscated device at public auction for cash to the highest bidder in front of the county courthouse in the county where it is confiscated, after having given ten days' public notice of the sale by posting advertisement thereof on the door or bulletin board of the county courthouse or by publishing the advertisement at least once in a newspaper of general circulation in the county. Upon sale, the department shall pay over the net proceeds, after payment of the proper costs and expenses, if any, of the seizure, advertisement, and sale, including any proper expense incurred for the storage of the confiscated device, to the State Treasurer for deposit in the game protection fund. When the device is of greater value than one thousand dollars, the owner may at any time before sale redeem it by paying to the department the sum of one thousand dollars. When the device is of lesser value than one thousand dollars, the owner may at any time before sale redeem it by paying to the department the retail market value. The sums received by the department must be deposited in the game protection fund pursuant to the provisions of this section.
Section 50-11-750. It is unlawful for any person to feed or entice with food any American alligator (Alligator mississippiensis), except those persons feeding alligators maintained in protective captivity under a permit issued by the department pursuant to Section 50-15-50 for education, scientific, commercial, or recreational purposes; or department personnel, persons licensed, or otherwise authorized by the department, or county or municipal animal control personnel when relocating alligators by baiting or enticement. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in an amount not to exceed two hundred dollars or imprisoned for not more than thirty days.
Section 50-11-760. The hunting of all game from public roads and rights-of-way owned by railroads is prohibited whenever the public roads or railroad rights-of-way are adjacent to lands that are posted against trespassing or hunting. The provisions of this section do not apply to hunting by owners of the adjacent lands or by persons who have permission of the owners to hunt the adjacent lands. `Hunting' as used in this section includes the hunting of deer by occupying stands therefor. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or be imprisoned for a period not to exceed thirty days.
Section 50-11-780. No dog is required to be constrained by a leash while it is actually engaged in hunting game and under supervision. As used in this section `supervision' means that the owner of the dog or his designee is either in the vicinity of the dog or in the process of trying to retrieve the dog.
Article 5
Nongame Birds and Animals, Sanctuaries
Section 50-11-810. All species of game birds for which the legislature has not provided a specific open season are protected and may not be shot, trapped, destroyed, or attempted to be shot, trapped, or destroyed at any time. The department may prescribe an open season for the taking of exotic game birds, prescribe the method by which they may be taken, and fix the specific areas of any zone in which these exotic species may become numerous enough to be harvested. All areas not specifically open to hunting are closed to hunting. The department may designate the sex that may be taken and may prescribe any other regulations that may be considered wise and expedient for the harvest of these new game birds. Any person taking, attempting to take, or having in his possession these exotic game birds illegally or taking, attempting to take, or killing these exotic game birds 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 less than fifteen days nor more than thirty days. The provisions of this section are applicable to ruffed grouse.
Section 50-11-820. No person within the State may kill, catch, or have in his possession, living or dead, any resident or migratory wild bird, other than a game bird, or purchase or offer or expose for sale any wild nongame bird after it has been killed or caught, except as permitted by Section 50-11-1180.
Section 50-11-830. No part of the plumage, skin, or body of any bird protected by Section 50-11-820 may be sold or had in possession for sale whether the bird was captured or killed within or without the State.
Section 50-11-840. No person may take or destroy, or attempt to take or destroy, the nest or the eggs of any wild bird or have such nest or eggs in his possession, except as permitted in Section 50-11-1180.
Section 50-11-850. It is unlawful for any person or any firm or corporation acting as a common carrier, its officers, agents, or servants to ship, carry, take, or transport, either within or beyond the confines of the State, any resident or migratory wild nongame bird, except as permitted by Section 50-11-1180.
Section 50-11-851. The shooting, killing, or maiming of an Antwerp or homing pigeon, commonly known as a `carrier pigeon', is prohibited. Any person violating the provisions of this section is guilty of a misdemeanor and must be punished by a fine not exceeding ten dollars or imprisonment not exceeding ten days.
Section 50-11-852. It is unlawful for any person to molest or kill any of the birds of prey within this State. Birds of prey include all hawks, eagles, falcons, kites, vultures, owls, and ospreys. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than a hundred dollars or imprisoned for not more than thirty days.
Section 50-11-853. No person, except the owner, shall catch, kill, capture, or detain a homing, racing, or carrier pigeon which at the time of its capture or detention has the name or initials of its owner, its number, or another mark designating it as a homing, racing, or carrier pigeon. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
Section 50-11-860. The department, without any costs whatsoever to the State, shall designate and establish sanctuaries where game, birds, and animals may breed unmolested, if any landowner enters into an agreement with the department to set aside and turn over to the State for that purpose a certain number of acres of land. There may be no hunting or trespassing upon these lands so designated as a sanctuary by anyone for five years from the date of the agreement. The department may post those lands so designated as a sanctuary in the name of the State and prosecute any persons hunting or trespassing on the lands. Any agreement entered into under authority given in this section may be terminated at any time by the landowner and the department.
Section 50-11-870. The following areas are declared to be bird sanctuaries: (1) Port Royal Plantation on Hilton Head Island, Beaufort County; (2) Highlands of Otranto Subdivision in Berkeley County; (3) the Town of Bonneau in Berkeley County; (4) St. James Estates, Spring Hill, Devonshire, Raintree, and Harbor Lakes Subdivisions in Berkeley County; (5) the Subdivision of Clear View on James Island, Charleston County; (6) James Island water district in Charleston County; (7) the Subdivision of Lee - Jackson - McCalls Corner on James Island, Charleston County; (8) St. Phillips Parish, St. Michaels Parish, and North Charleston Public Service District, Charleston County; (9) Melrose, Longbranch, and Shaftesbury Subdivisions in Charleston County as bounded on the south by Highway 17, on the west by Long Branch Creek, on the north by Magwood property line, and on the east by the property line of Castlewood Subdivision; (10) Forest Lakes Subdivision located in the City and County of Charleston; (11) Winnsboro Mills in Fairfield County bounded on the north by the city limits of Winnsboro, on the south by the intersection of Highways 321, 34, and 215, on the west by the by-pass of Highway 321, and on the east by Golf Course Road; (12) Avondale Forest as recorded at plat book RR page 186 and plat book BBB page 36 in the office of the Registrar of Mesne Conveyances for Greenville County; (13) Lake Forest and Lake Forest Heights in Greenville County, bounded on the north by Edwards Road, on the east by Shannon Drive, on the south by Old Spartanburg Road, and the west by Highway 291; (14) Botony Woods, Greenville County; (15) Heritage Lakes in Greenville County; (16) the City of Ocean Drive Beach, Horry County; (17) Windy Hill Beach, Horry County; (18) Briarcliff Acres in Horry County as bounded on the north by Highway 17, on the east by the Holmes property, on the south by the Atlantic Ocean, and on the west by the Patterson property; (19) Kirkover Hills near Camden in Kershaw County; (20) Sunnyhills Subdivision near Camden in Kershaw County; (21) the area between the western city limits of Camden and the Seaboard Railroad tracks, Kershaw County; (22) that area bounded by the Haile Street Extension, U.S. Highway No. 1, and Lake Shore Drive near Camden, Kershaw County; (23) Saluda Gardens, Saluda Terrace, Westover Acres, and Saluda Hills Subdivisions in Lexington County; (24) Town of Arcadia Lakes, Richland County; (25) Community of Belvedere in Richland County; (26) Deerfield Plantation, Berkeley County; River Hills Plantation, York County; (27) City of Tega Cay, York County; (28) the area in York County, consisting of a portion of the impounded waters of Lake Wylie lying south of State Highway 49 and east of State Highway 274, southward to the dam of Lake Wylie. That area lying on the eastern side of State Highway No. 72, embracing the Country Club Estates, the Rock Hill Country Club, the Oakdale School property, a portion of the Drennan property, and being bounded on the north by the Fewell property, on the east by the Fewell and Parrish properties, on the south by the old Mount Holly Road, and on the west and north by State Highway No. 72; (29) the area known as the community of River Hills Plantation, Inc., in York County. (30) the Town of Pawleys Island in Georgetown County. (31) the area in Clarendon County consisting of that portion of Tawcaw Creek, adjacent to Goat Island, lying southeast of County Road 38, and extending into Lake Marion to the extent of the Santee National Wildlife Refuge boundaries lying east and west of that portion of Lake Marion. It is unlawful to use shotguns, rifles, pellet guns, and BB guns within the area described in this section.
Section 50-11-875. The following area in Charleston County within the City of Charleston is declared to be a bird sanctuary: From William Kennerty Drive along Highway 61, approximately 2,800 feet to Ashley Hall Plantation Road, then from Highway 61 along Ashley Hall Plantation Road, approximately 4,600 feet to Captiva Row, then from Ashley Hall Plantation Road along Captiva Row, approximately 1,500 feet to Ashley Hall Road, then from Captiva Row along Ashley Hall Road, approximately 400 feet to Boone Hall Drive, then from Ashley Hall Road along Boone Hall Drive, approximately 3,250 feet to William Kennerty Drive, then from Boone Hall Drive along William Kennerty Drive, approximately 1,050 feet to Highway 61 at the point of beginning. It is unlawful for any person to trap, hunt, molest, or attempt to molest in any manner any bird or wild fowl or to molest any birds' nests or wild fowls' nests within the sanctuary. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
Section 50-11-880. The following areas are designated as wildlife sanctuaries: (1) the Sea Pines Public Service District on Hilton Head Island, Beaufort County; (2) the Highlands of Fripp Island, Beaufort County; (3) the Goose Creek Reservoir in Berkeley County including all lands lying within one-half mile of the shoreline of the reservoir; (4) Lawton Bluff Subdivision and Lawton Plantation in Charleston County; (5) Hobcaw Point Subdivision in the City of Mt. Pleasant, County of Charleston; (6) Prestwood Lake Area, Darlington County, which includes Prestwood Lake and that area around the lake contained in a radius of three-fourths of a mile from the shore of the lake and bounded on the east by Sonoco Dam and on the west by a line running in a southerly direction across Black Creek from the New Sonoco Clubhouse; (7) that area in Florence County known as Forest Lake bordered on the north by South Cashua Road and Highway 76, on the west by secondary road 106, on the south by Savannah Grove Road, on the east by Knollwood Road, and that portion of the lake east of Knollwood Road and that upland extending one hundred yards from the shore of the lake; (8) Lake Oakdale in Florence County bordered on the north by the secondary road known as Stralton Drive, on the west by Pelican Lane and West Lake Oakdale Drive, on the south by Shearton Road until it intersects with Seaboard Coastline Railroad tracks, and on the east by West Lake Drive and Pine Needles Road; (9) Pelham Estates I, II, and III, Stratton Place, and Watson's Orchard in Greenville County; (10) that portion of McCormick County between Little River and the Savannah River lying south of Highway 378; (11) Quail Run in York County. It is unlawful to discharge any firearm including, but not limited to, BB guns and pellet rifles or to attempt to take or kill any wildlife within any of the above-described areas by any means. If the department determines that, due to size, disease, or other extraordinary factors, a particular population of a species located in, on, or around a sanctuary described above constitutes a threat to the health, safety, and welfare of the public or to itself, or other species in, on, or around the sanctuary, it may authorize the taking of a sufficient number of species to reduce or eliminate the threat. The wildlife must be taken by department personnel or other persons acting under their supervision and the authorization for the taking limits the number of animals taken and the days, times, and methods to be used.
Section 50-11-883. (A) The portion of Lake Secession in Abbeville County lying south of Highway 184 is a wildlife sanctuary. It is unlawful for anyone to trap, hunt, molest, or attempt to molest in any manner any bird or other game animal within the sanctuary. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days. (B) Vereen Memorial Historical Gardens in Horry County is a wildlife sanctuary. It is unlawful for anyone to trap, hunt, molest, or attempt to molest in any manner any bird or game animal within the sanctuary. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
Section 50-11-890. The following areas are designated bird and squirrel sanctuaries: (1) Bayview Acres in Charleston County; (2) all that area of the subdivision of Drayton on Ashley in Charleston County bounded as follows on the south by the Seaboard Coastline Railroad, on the east by the Ashley River, on the north at the corner of Highway 61, and the Seaboard Coastline Railroad for 2,585 feet bearing south 49 degrees 50'W., and on the west by Highway 61.
Section 50-11-900. The following areas are declared to be nongame bird sanctuaries: (1) the Hannahan Public Service District located in Berkeley County; (2) St. Andrews Parish in Charleston County.
Section 50-11-910. The land owned or managed by the National Audubon Society, Incorporated, in Berkeley and Dorchester Counties, known as the Francis Beidler Forest, is declared to be a sanctuary for the protection of game, birds, and other animals. There may be no hunting, fishing, or trespassing in the sanctuary. Fishing may be permitted by written authorization from the management of the Francis Beidler Forest only. The management of the Francis Beidler Forest shall post along the outer boundaries of the land and mouths of all streams and creeks entering into the Francis Beidler Forest signs notifying the public that the area is a sanctuary and is closed to hunting and fishing except as authorized. No flowers, shrubs, trees, or other plants may be damaged or removed from the park without permission from the management. Any person convicted of violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars, or imprisoned for not more than thirty days.
Section 50-11-915. The land owned, leased, or managed by the Playcard Environmental Education Center in Horry County is declared a sanctuary for the protection of game, birds, and other animals. There may be no hunting, fishing, or trespassing in the sanctuary. Fishing may be permitted only by written authorization from the management of the center. The management of the center shall post along the outer boundaries of the land and mouths of all streams and creeks entering into the Playcard Environmental Education Center signs notifying the public that the area is a sanctuary and is closed to hunting and fishing except as authorized. No flowers, shrubs, trees, or other plants may be damaged or removed from the park without permission from the management. A person convicted of violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
Section 50-11-920. The land owned or leased to Kershaw County to be used as a county park and streams or creeks entering into the lands are declared to be a sanctuary for the protection of game, birds, and animals. There may be no hunting, trapping, fishing, or trespassing thereon. Fishing is permitted by persons obtaining fishing permits from the management of the Kershaw County Park. Fishing is not permitted in the swimming area or when water in the lake is low for repairs. The management of the Kershaw County Park shall post along the outer boundaries of the land and mouths of all streams and creeks entering into the Kershaw County Park signs notifying the public that the area is a sanctuary and closed to hunting and fishing except as authorized. No flowers, shrubs, trees, or plants may be removed from the park without permission from the management. No alcoholic beverages or persons under the influence of alcohol are permitted in the Kershaw County Park. Dogs must be on a leash, except those used in the Field Trial Club events. The Kershaw County Park may not be used as a dumping place for trash, garbage, or other refuse. A part of the Kershaw County Park, about four hundred twenty-one acres, east of Pine Tree Creek, north of Burkett Branch, south of the land owned by Bowater Co. and T. L. Myers, and west of land owned by Bowater Co., and Bud Smith may be used by the Mid-Carolina Field Trial Clubs. The maintenance and development of these grounds into field trial grounds is under the supervision of the Mid-Carolina Field Trial Club. The club shall pay the costs of developing and maintaining the grounds. All clubs sponsoring trials on the grounds shall obtain permission from the department before a trial is held. Field trial dogs are permitted to exercise and train on the grounds during field trial seasons only when a trial is not in progress. Trapping of released birds is permitted by clubs for use in future trials only. Only blank ammunition may be used on trial areas. The superintendent of Kershaw County Park shall maintain jurisdiction over game law enforcement and security of this area. Any person convicted of violating the provisions of this section is guilty of a misdemeanor and is subject to a fine of not more than two hundred dollars or imprisonment for a period not exceeding thirty days, or both.
Section 50-11-925. The land owned, leased, or managed by the South Carolina Future Farmers of America Camp of the Little River Neck section of Horry County is declared a sanctuary for the protection of game, birds, and other animals. There may be no hunting, fishing, or trespassing in the sanctuary. Fishing may be permitted only by written authorization from the management of the camp. The management of the camp shall post along the outer boundaries of the land and mouths of all streams and creeks entering into the camp signs notifying the public that the area is a sanctuary and is closed to hunting and fishing except as authorized. No flowers, shrubs, trees, or other plants may be damaged or removed from the camp without permission from the management. A person convicted of violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
Section 50-11-930. It is unlawful for any person to trap, hunt, or molest in any manner any species of duck or geese, or to molest any duck or goose nest, on any water or tideland owned by the State within the following boundary: Beginning at the westernmost tip of the Isle of Palms at the base of the bridge across Breach Inlet and running a course of 343 degrees true to a unnamed marsh island; thence following the low-water mark of the unnamed island in a northeasterly direction to the Intracoastal Waterway; thence across the Intracoastal Waterway to the north bank of the intersection of Swinton Creek and the Intracoastal Waterway; thence in a northeasternly direction along the bank of the Intracoastal Waterway to Hamlin Creek; thence 300 yards up the west bank of Hamlin Creek; thence across to the east bank of Hamlin Creek and following the creek bank to the westernmost tip of Goat Island at the Intracoastal Waterway; thence running in a northeasternly direction along the high-water mark of Goat Island to a point at latitude 32 degrees 48.5'N. and longitude 79 degrees 45.5'W.; thence running a course of 151 degrees true across the Intracoastal Waterway to the high-water mark of the Isle of Palms; and, thence following the high-water mark of the Isle of Palms to the westernmost tip of the island at the base of the bridge across Breach Inlet. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than two hundred dollars or by imprisonment for not more than thirty days.
Section 50-11-940. The property of The Belle W. Baruch Foundation in Georgetown County, other than those areas whose surface is at or below mean high tide, is designated as a bird and game refuge, and it is unlawful for any person to trap, hunt, molest, or attempt to molest in any manner any bird, wild fowl, or game, including wild hogs, within the refuge, or to trespass in any manner upon the property of the Belle W. Baruch Foundation for that purpose. Any education and research activities conducted by the University of South Carolina or Clemson University, or under the supervision of the University of South Carolina or Clemson University is not unlawful. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or be imprisoned for not more than six months, or both.
Section 50-11-950. The lands owned by Brookgreen Gardens, as an eleemosynary corporation for southeastern flora and fauna, in Georgetown County and all streams, creeks, and waters, fresh, salt or mixed, entering into the lands are established as a sanctuary for the protection of game, other birds, and animals, and any hunting, shooting, fishing, or trespassing on the lands or waters is prohibited, except such hunting and shooting as may be carried on by permission of the trustees of Brookgreen Gardens, granted at an annual meeting of the trustees. Permission for hunting and shooting is not granted by the trustees unless it is apparent to them that there is an excess of deer or other game which may cause damage to the gardens or other property owned by the trustees. The public is allowed to fish in the Atlantic Ocean from the beaches of the area and in the saltwater creeks entering into it, under such regulations as may be promulgated by the Department of Parks, Recreation and Tourism having due regard for the safety of bathers and convenience of other users of the park. The trustees of the Brookgreen Gardens Corporation or the State Commission of Forestry shall post signs along the outer boundaries of the land and at the mouths of all streams and creeks notifying the public that the area is a sanctuary and closed to hunting and fishing, except as authorized by the terms of this section. Nothing herein abridges or curtails the rights of the department to control and permit the oyster bottoms in the area under its jurisdiction. Any person convicted of violating the provisions of this section is guilty of a misdemeanor and subject to a fine of not less than twenty-five dollars nor more than one hundred dollars or imprisonment for not exceeding thirty days.
Section 50-11-960. The following area is designated as the Paris Mountain Wildlife Sanctuary: Beginning on Poinsett Highway (U.S. 25 North) at its intersection with Little Texas Road and following Little Texas Road to Roe Road and thence along Roe Road to a point opposite the northwestern boundary of Paris Mountain State Park and continuing with the western and southern boundaries of said Park to State Park Road; thence continuing south on State Park Road and Paris Mountain Road to Timber Lane; thence west on Timber Lane to Tryon Avenue; thence southwest on Tryon Avenue to Crestwood Road; thence north and west on Crestwood Road to Manley Drive and continuing generally west on Manley Drive, Dreamland Way, and Jervey Road to North Parker Road; thence generally north along North Parker Road to Phillips Trail and then along Phillips Trail to the intersection with Pistol Club Road; thence along Pistol Club Road to Pilot Road; thence generally north on Pilot Road to Club View Drive and on Club View Drive to the intersection of Old Buncombe Road; thence north on Old Buncombe Road to Poinsett Highway and from there to the beginning point at its intersection with Little Texas Road. Any person killing or maiming any bird or animal within the sanctuary is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days. Any person who kills squirrels on his own property is not subject to the provisions of this section.
Section 50-11-961. The campus of Greenville Technical College in Greenville County bounded on the north by East Faris Road, on the east by South Pleasantburg Drive (Highway 291), on the south by Cleveland Street, and on the west by the Reedy River, is designated as a bird and wildlife sanctuary. It is unlawful for a person to trap, hunt, molest, or attempt to molest in any manner a bird or wild fowl or to molest any birds' nests or wild fowls' nests within the sanctuary, and it is unlawful for a person to trap, hunt, molest, or attempt to molest in any manner any wildlife within the sanctuary. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days.
Section 50-11-970. The area in Richland County consisting of the lands and waters owned by the Lake Dogwood Corporation is designated a waterfowl sanctuary. It is unlawful for any person to trap, hunt, or molest in any manner any species of duck or goose, or to molest any duck or goose nest in the refuge. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or be imprisoned for not more than thirty days.
Section 50-11-980. The lands and waters in Charleston Harbor and its adjacent estuarine system in Charleston County lying within the following boundaries are designated a wildlife sanctuary: The area in Charleston County beginning at the foot of Station 22 1/2 Street on Sullivan's Island, thence on a line north following Ben Sawyer Boulevard (Highway 703) into Mt. Pleasant to a point just south of Center Street where the marsh of the upper reaches of Jeanette Creek meets highland, thence turning 230 degrees southwest following a line to Pitt Street in Mt. Pleasant, thence turning northwest following Pitt Street to its intersection with Live Oak Avenue, thence northeast to Coleman Boulevard, thence following Coleman Boulevard across Shem Creek and continuing on a line 310 degrees northwest to the eastern range marker for the Drum Island Channel Range just south of Remley's Point, thence continuing northwest on the Drum Island Reach for approximately six thousand eighty feet, thence due west on a line across the Charleston peninsula for approximately seven thousand nine hundred sixty-six feet, thence turning 330 degrees northwest and continuing for approximately nine thousand six hundred forty-three feet along the east side of the Ashley River, thence turning 330 degrees northwest and continuing on a line for approximately five thousand eight hundred seventy feet, thence turning 240 degrees and continuing for approximately four thousand one hundred ninety-three feet, thence turning 134 degrees southeast and continuing approximately nine thousand six hundred forty-three feet to a point on the west bank of the Ashley River just south of the WTMA radio tower, thence turning 200 degrees south and continuing for approximately three thousand three hundred fifty-four feet along the west bank of the Ashley River, thence turning south 170 degrees for approximately three thousand seven hundred seventy-three feet, thence turning northwest 310 degrees and continuing for approximately four thousand one hundred ninety-three feet, thence turning south 190 degrees and continuing approximately five thousand thirty-one feet, thence returning east 105 degrees and continuing for approximately three thousand seven hundred seventy-three feet, thence turning south again 190 degrees and continuing for approximately two thousand five hundred sixteen feet to its intersection with Highway 61, thence turning southeast 120 degrees and continuing approximately nineteen thousand sixty-two feet to the north bank of Wappoo Creek, thence turning south 200 degrees and continuing approximately two thousand nine hundred thirty-five feet, thence turning southeast 144 degrees and continuing for approximately two thousand nine hundred thirty-five feet to a point just south of Harborview Road, thence turning east-southeast 100 degrees and continuing for approximately one thousand two hundred fifty-eight feet, thence turning southeast 130 degrees and continuing approximately one thousand six hundred seventy-seven feet, thence turning east 100 degrees and continuing for approximately four thousand one hundred ninety-three feet, thence turning northeast 30 degrees and continuing for approximately two thousand ninety-six feet, thence turning east 80 degrees and continuing for approximately one thousand two hundred fifty-eight feet, thence turning southeast 120 degrees and continuing for approximately one thousand two hundred fifty-eight feet, thence turning south 200 degrees and continuing approximately one thousand six hundred seventy-seven feet to the head of Kushiwah Creek, thence turning east-southeast 110 degrees and continuing approximately four thousand one hundred ninety-three feet, thence turning northeast 30 degrees and continuing for approximately eight hundred thirty-nine feet, thence turning northwest 320 degrees and continuing for approximately two thousand five hundred sixteen feet, thence turning north 20 degrees and continuing approximately six hundred twenty-nine feet, thence turning east-southeast 110 degrees and continuing for approximately two thousand nine hundred thirty-five feet, thence returning due north and continuing for approximately one thousand two hundred fifty-eight feet, thence turning due east and continuing for approximately three thousand seven hundred seventy-three feet along the southern edge of Charleston Harbor, thence turning northeast 60 degrees and continuing for approximately one thousand two hundred fifty-eight feet to the point at Fort Johnson, thence turning due south and continuing approximately nine thousand two hundred twenty-four feet to a point on the west bank of Schooper (Schooner) Creek, thence turning due east and continuing for approximately six thousand seven hundred eight feet across Morris Island along the dike on the north end of the spoil area, thence turning northeast 50 degrees and continuing approximately sixteen thousand three hundred fifty-one feet across the mouth of Charleston Harbor to the point of beginning on Sullivan's Island. It is unlawful for any person to hunt, trap, molest, or to attempt to take or molest in any manner, any wild bird, bird egg, or mammal within the sanctuary. The department, its duly authorized agents, or persons with written permits issued by the department may engage in predator control, bird banding, and other scientific activities including the collection of specimens for scientific purposes intended to enhance, maintain, or further our understanding of wildlife populations within the sanctuary. The department shall post the general outline of the sanctuary and during the nesting season shall conspicuously post bird nesting areas. Posting of bird nesting areas constitutes public notice that the areas are closed to entry. The term `molest' as used in this section includes, but is not limited to, walking upon posted lands or allowing pets to roam upon them. It is also unlawful for any person to remove or tamper with signs posted by the department pursuant to this section. Nothing herein shall preclude the normal operations of the marine terminals and other facilities of the South Carolina State Ports Authority, or the dredging and disposal operations by the U.S. Army Corps of Engineers, South Carolina State Ports Authority, or their agents or contractors, or the normal shipping and maritime activities in the Port of Charleston. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than ninety days, or both.
Section 50-11-990. Anyone hunting or trespassing upon any land designated as a sanctuary under the provisions of this article must be fined for each offense not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
Article 6
Special Depredation Permits, Collection Permits, Closing Seasons, Special Seasons
Section 50-11-1050. Where wildlife is destroying property, the department, upon the request of the property owner, may issue a permit authorizing the property owner, under the supervision of the department, to take action necessary to remove the destructive wildlife from his property.
Section 50-11-1060. Any person desiring to put out poison on lands belonging to such person for the purpose of poisoning predatory animals shall first obtain a permit from the department and publish the dates the poison will be put out and describe the areas where it will be placed by one notice in a newspaper published in the county in which the lands are situate. Poison may not be put out on lands in this State otherwise. Any person violating the provisions of this section is guilty of a misdemeanor and is subject to a fine of not less than twenty-five dollars nor more than one hundred dollars or imprisonment of not less than ten days nor more than thirty days.
Section 50-11-1070. Bobcats may be killed by officers of the law and by landowners upon their holdings without license at any time.
Section 50-11-1080. Whenever it appears that coyotes are destroying birds, poultry, pigs, lambs, or other property in any county in this State or there is an apparent epidemic of rabies in any county, the department, upon the written request of a majority of the legislative delegation of any such county, shall declare an open season on coyotes, with the use of firearms, in the county suffering from the destruction and for such time as the delegation may consider desirable.
Section 50-11-1090. The department has the authority during any season of the year to permit the taking of any game animal and prescribe the method by which they may be taken when they become so numerous that they cause excessive damage to crops and property. Any animal taken under these conditions is under the supervision of the department. Any deer killed under these conditions must be given to eleemosynary institutions.
Section 50-11-1105. The department may declare a closed season for not over ten days at any one time in any area in the State when it appears on account of abnormal conditions that deer or other game cannot protect themselves. The department shall give notice of the closed season so declared by publication in at least two daily newspapers and in a newspaper of the county or counties in which the closed season is declared if the county has a newspaper, stating the length or period of the closed season. Any person found hunting with firearms, bows and arrows, or other game-taking devices, or dog within the restricted territory during a closed season so declared is guilty of a violation of the provisions of this section, regardless of whether he has or has not killed or taken any game. The penalty for a violation of the provisions of this section is a fine of not less than one hundred dollars nor more than two hundred dollars or imprisonment for not less than thirty days.
Section 50-11-1110. When in any county of the State there exist abnormal conditions that might affect the supply of game or there is an abnormal scarcity of game, the department, upon the written request of a majority of the legislative delegation, including the Senator, from such county, may shorten or close the open season for hunting in any such county. The department shall give notice of the closed or shortened season by publication in at least two daily newspapers and in a newspaper of the county in which the closed or shortened season is declared, stating the length of the closed or shortened season. Any person found hunting with gun or dog within the restricted territory during a closed season so declared, is guilty of a violation of the provisions of this section, regardless of whether he has killed any game or not. The penalty for violation of the provisions of this section is a fine of not less than twenty-five dollars nor more than one hundred dollars or imprisonment for not less than thirty days.
Section 50-11-1120. Whenever it appears that foxes are destroying birds, poultry, pigs, lambs, or other property in any county in this State or there is an apparent epidemic of rabies in any county, the department, upon the written request of a majority of the legislative delegation of any such county, shall declare an open season on foxes, with the use of firearms, in the county suffering from the destruction and for so long as the delegation considers desirable.
Section 50-11-1130. Raccoons and squirrels may be killed by owners of property from July fifteenth to the regular open season on them if these animals are destroying crops.
Section 50-11-1140. The United States Fish and Wildlife Service may allow the hunting of antlered and antlerless deer by those holding proper hunting licenses of this State on any sea island within any federally owned or controlled game reserve, national park, or game refuge during the open season for deer hunting under the laws of this State, whenever the officials of the United States Fish and Wildlife Service determine that the deer population of the island exceeds that which can properly maintain itself on any island. The United States Fish and Wildlife Service shall notify the department, in writing, at least ten days prior to allowing such hunting, of the opening and shall also advertise it at least once in a newspaper of general circulation in the coastal area of the State at least one week before any hunting is permitted.
Section 50-11-1150. When directed by the department, its employees may trap, by the use of steel or other traps, fox, wildcat, bobcat, wolf, coyote, skunk, raccoons, and any other predatory animals on any lands owned by the State or any of its boards, commissions, officers, institutions, or agencies and on cooperative wildlife management areas within the United States Forest Service lands.
Section 50-11-1160. The employees of the United States Fish and Wildlife Service and those employees of the United States or the agencies thereof in charge of any national park, game reserve, or game refuge also have the right to trap predatory animals within the confines of such national park, game reserve, or game refuge.
Section 50-11-1170. In order to more effectively control predatory animals, the employees of the department shall cooperate with the employees of the United States and its agencies in trapping programs and may accept aid and advice from federal employees.
Section 50-11-1180. For purposes of this section: (a) `Take' means to harass, hunt, capture, or kill. (b) `Protected wildlife' means any wildlife, part, product, egg, offspring nest, dead body, or part thereof which is managed or protected or the taking of which is specifically regulated by the department. Permits may be granted by the department to any properly accredited competent person permitting him to collect protected wildlife for strictly scientific or propagating purposes only. No permit is required for the collecting or taking of nonprotected wildlife. Applications for a permit must be made to the department which shall investigate the applicant and the project or program for which the collection is to be made. The application must be accompanied by a payment of a ten-dollar fee to cover the cost of the examination and the issuing of the permit. If the department considers the applicant to be qualified and the program or project to be necessary or desirable, it shall issue a permit which expires on December thirty-first of the year in which it is issued. Permits may be renewed for one year upon application and the payment of a ten-dollar renewal fee if the department determines the applicant and the program or project is still qualified. Permits are not transferable but any student assistant working under the direct supervision of the permittee in collecting activities may participate under the permit. All collecting or taking must be conducted so as to adhere to recognized scientific methods. Wherever practicable, data, results, and specimens must be made available to the public upon request. The permittee shall submit a report at the end of the permit period of the specimens collection and of other information as may be included on the report form, which must be furnished by the department. Collecting permits for endangered species must be issued only in accordance with Section 50-15-50. The provisions of Section 50-17-70 are not superseded by the provisions of this section. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in an amount of not less than twenty-five dollars nor more than one hundred dollars or imprisoned for a term not to exceed thirty days and any permit issued to that person is revoked.
Article 7
Shooting Preserves and Pen-Raised Quail
Section 50-11-1200. The department may grant operating licenses for shooting preserves which are privately owned and operated under the terms and provisions as provided in this article. Shooting preserves may not be established for the purpose of extending the regular hunting seasons for native species.
Section 50-11-1210. No new preserve may be licensed by the department without the approval of the majority of the legislative delegation of the county in which such preserve is to be located.
Section 50-11-1220. The annual fee for obtaining a shooting preserve operator's license is two hundred dollars for the first one hundred acres of shooting preserve area, plus fifty dollars for each additional one hundred acres or part thereof.
Section 50-11-1240. In order to be licensed as a shooting preserve operator, the operator must own or lease a minimum of one hundred contiguous acres, including water areas. The preserve is restricted to not more than one thousand, five hundred contiguous acres. Proof of ownership or leasehold interest and accurate maps or plats identifying the proposed area must accompany all applications. Shooting preserves may be approved by the department to release pen-raised turkeys but those preserves are restricted to not less than ten thousand contiguous acres owned by the operator. Shooting preserves approved by the department to release pen-raised turkeys must apply for a permit annually and pay a fee of ten thousand dollars in lieu of the fees required by Section 50-11-1220. Nonresident big game permits are not required on those specially licensed shooting preserves.
Section 50-11-1250. Shooting preserve operators shall maintain a clearly defined boundary on which signs designating the area as a shooting preserve must be posted at intervals of one hundred fifty feet or less. Construction of a fence, as prescribed by the department, along the boundaries of the preserve may be required.
Section 50-11-1260. All state residents who hunt or shoot on shooting preserves are required to have appropriate hunting licenses and permits in accordance with wildlife laws and regulations. Nonresidents must possess a regular nonresident license and all applicable permits. When shooting a species for which the preserve is licensed a special nonresident shooting preserve permit may be used.
Section 50-11-1270. Legal shooting preserve species are: (1) pen-raised bobwhite quail, pheasants, Chukars, and other species designated by the department; and (2) pen-raised mallards that conform to United States Fish and Wildlife Service standards and regulations.
Section 50-11-1280. No shooting preserve may be licensed to release pen-raised ducks in Game Zones 7 and 9.
Section 50-11-1290. The shooting season is a consecutive six-month period, beginning October first and ending the following April first.
Section 50-11-1300. There is no bag limit on species designated as shooting preserve species.
Section 50-11-1330. All harvested game must be tagged before removal from a shooting preserve and the tags must remain affixed until the game is prepared for consumption. If species of game are packaged in bundles one tag is sufficient for the bundle, but the number of carcasses in the bundle must be recorded on each tag.
Section 50-11-1340. The department shall furnish no game for the stocking of any preserve provided for by this article.
Section 50-11-1350. A licensed shooting preserve operator may apply to the department for a permit to operate a quail call pen trap for the purpose of recovering any quail that are not killed. Bird dog field trials sanctioned by nationally recognized field trial associations may apply for a special field trial permit which provides for the release and shooting of designated species outside of the normal season and during the field trial event only.
Section 50-11-1360. All animals held in captivity at a shooting preserve must be confined in cages constructed of material of a strength appropriate for that particular species. The cage facility must be structurally sound and must be maintained in good repair to protect the animals from injury, to minimize the possibility of escape, and to prevent entrance by other animals.
Section 50-11-1370. Proper care must be given to all penned animals to assure: (1) Clean water is provided as necessary. (2) Food is wholesome, palatable, and free from contamination. (3) Animals are provided adequate cover and bedding to assure the safety of the animals during adverse environmental conditions. (4) Excreta are removed from cages or enclosures as often as necessary to prevent contamination of the animals. (5) An effective program for the control of insects, parasites, and avian and mammalian pests is established and maintained. (6) Animals with a propensity to fight or which are otherwise incompatible are kept segregated.
Section 50-11-1380. Vehicles used in transporting animals must be mechanically sound and equipped to provide adequate fresh air, when moving or stationary.
Section 50-11-1390. Each shooting preserve operator shall maintain a registration book listing names, addresses, and hunting license numbers of all hunters, the dates on which they hunted, the amount and types of game and designated shooting preserve species harvested and tag numbers affixed to each carcass or container. The operator also shall maintain a record of the number of each species of game raised or purchased and the number released and other records which the department may designate. The records may be inspected by an authorized member of the department or a person it may designate or employ at any time. Operators must furnish the department a copy of the records within sixty days after the end of the hunting season on the preserve.
Section 50-11-1400. The violation of any of the sections of this article is a misdemeanor. The manager, owner, or licensee, or any of them, of any shooting preserve provided for in this article is responsible for any violation of this article and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than two hundred dollars or imprisoned for not less than fifteen days nor more than thirty days and the license of the preserve must be revoked, within the discretion of the department. The preserve is not eligible for another license during the calendar year, nor thereafter, except on terms and conditions prescribed by the department.
Section 50-11-1410. The operation of a shooting preserve as provided for in this article without a license is a misdemeanor and, upon conviction, the operator must be fined not less than two hundred dollars nor more than five hundred dollars or be imprisoned not less than thirty days nor more than six months.
Section 50-11-1420. A `pen-raised quail' is one which has been hatched from an egg laid by a quail and subsequently wholly raised and confined in a pen or coop.
Section 50-11-1430. With the approval of the department, any person may engage in the business of propagating pen-raised quail for commercial purposes upon compliance with this article.
Section 50-11-1440. A commercial quail breeder's license must first be obtained from the department. The license may be purchased at any time and is good only for the calendar year in which issued. The license fee is five dollars, and each license must be numbered by the department.
Section 50-11-1450. The keeper of a hotel, restaurant, boardinghouse, or club may sell pen-raised quail for food to be consumed on the premises and is not required to hold a license therefor.
Section 50-11-1460. The department, when it has evidence that any breeder is violating the intent of this article and is not cooperating with the department in a desirable manner, may revoke the breeder's license and may refuse to issue the license and seals or tags to the breeder. Where a person has a record of game violations, the department may refuse to issue the breeder's license.
Section 50-11-1470. Any person complying with this article may sell live pen-raised quail for propagating purposes or may sell the carcasses of the pen-raised quail for any purpose, including sale for food.
Section 50-11-1480. Before being offered for sale other than alive or for propagation purposes or shipped within the State, all packages or bags of pen-raised quail carcasses must be labeled, marked, or stamped, in such a way so as to give the following information: the hatchery in which the quail is produced, its location, and address. This information must not be removed from the package or bag of quail except by the ultimate consumer. In addition, the hatchery is required to keep accurate records of all sales of pen-raised quail and to make these records available for inspection upon request by the department.
Section 50-11-1490. When any pen-raised quail is sold or shipped into this State, the shipper or seller shall furnish the department with a copy of the invoice showing the number of the quail so shipped or sold and to whom the quail was shipped or sold. Any pen-raised quail sold or shipped in violation of this section is subject to confiscation by the department.
Section 50-11-1500. All pen-raised quail offered for sale must be killed otherwise than by shooting.
Section 50-11-1510. It is unlawful to trap wild quail for the purpose of obtaining birds to be pen-raised or to obtain wild quail eggs to be pen-raised or hatched.
Section 50-11-1530. Any person violating any of the provisions of this article is guilty of a misdemeanor and, upon conviction, must be punished by a fine of two hundred dollars or thirty days' imprisonment for each offense and shall forfeit his license and tags and may not secure any additional license during that year.
Article 8
Shipping, Storage, Sale, Or Transportation of Wildlife
Section 50-11-1700. It is unlawful to keep any of the birds or animals forbidden to be sold by the terms of Sections 50-11-1910 and 50-11-1940 in cold storage or refrigerating plants, except in a private dwelling, unless the bird or animal in cold storage, or the package containing it, bears the name and address, the serial number, and the class of the hunting license of the owner of the bird or animal. Any person violating this section must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned one day for each dollar fined or unpaid, either or both.
Section 50-11-1710. It is unlawful for any transportation company to receive for shipment any of the game birds or animals of the State, except in season and unless the package containing them is so labeled as to show the consignor or consignee and the number and kind of birds or animals.
Section 50-11-1720. No person shall knowingly receive for transportation beyond the limits of this State, so transport, cause to be so transported, or have in his possession with the intent to so transport or secure transportation any partridge, grouse, wild turkey, snipe, woodcock, or other game bird or game animal which has been killed or captured in this State except as permitted by Sections 50-1-110, 50-11-1710, and 50-11-1730, and the receipt, transportation, or possession or the causing or securing of transportation of each bird or game animal so killed or captured constitutes a separate offense. The provisions of this section do not apply to common carriers into whose possession birds or game come in the regular course of their business for transportation while they are in transit through the State from any place without the State. Nothing herein prohibits persons from having in their possession for the purpose of domestication and propagation any birds or animals.
Section 50-11-1730. It is lawful for any landowner or licensee to ship or carry beyond the limits of this State during any one week not over the bag limit for one day, as provided by law, of any domestic game birds or animals, when he has conformed to the regulations prescribed by the department under this section. Any landowner or licensee desiring to ship domestic game birds or animals beyond the limits of the State during the open season for such game birds or animals shall make application to the department, giving location of property and class and serial number of license held, and, upon the application, if it appears to the department that the shipment is for private, personal, or charitable use and not for sale of the game birds or animals, it may issue to the applicant a tag or label for use in shipping the game birds or animals. The tag or label must be of a design and in a form the department prescribes. Any person shipping or receiving for shipment beyond the limits of the State any domestic game birds or animals in violation of the provisions of this section is liable to a fine of not less than fifty dollars nor more than one hundred dollars or imprisonment for thirty days for each offense.
Section 50-11-1740. It is lawful for a person to ship during any one week not over the bag limit for two days, as provided by law, of any domestic game birds or animals to any private address in this State when he has conformed to the regulations prescribed by the department under Section 50-11-1750.
Section 50-11-1750. Any person so desiring to ship domestic game birds or animals during the open season for these game birds or animals or within five days after the closing of the season shall make application to the department and upon the application, if it appears that the shipment is for private and personal use and not for the sale of the game birds or animals, the department shall issue to the applicant a tag or label for use in shipping the game birds or animals. The label must be of a design and in a form the department prescribes.
Section 50-11-1760. It is unlawful to bring a coyote into the State in any manner, except one brought into the State and kept in captivity for exhibition purposes, or to release a coyote within the State. Any violation of this section is punishable by imprisonment for not more than one year or by a fine not exceeding five hundred dollars. It is lawful for any person to trap or kill any coyote in this State at any time, but a permit must be obtained from the department before trapping coyotes outside the trap distance limits as prescribed in Section 50-11-2410.
Section 50-11-1765. It is unlawful to sell live wolves or coyotes within the State or to ship or import live wolves or coyotes into this State, except for exhibition or scientific purposes upon the approval of the department as provided by regulations promulgated by the department. A person may not have a live wolf or coyote in his possession without a permit issued by the department.
Section 50-11-1770. It is lawful to sell and ship live foxes within the State.
Section 50-11-1910. It is unlawful to buy or sell, offer for sale, barter, or have in possession for sale any deer or part of a deer except the hide of legally taken deer. Hides from legally taken deer may be bought, sold, or bartered during the earliest open season for the taking of deer and for thirty calendar days following the end of the latest deer season. For a violation of this section, upon conviction, the guilty party for a first offense must be fined not less than one hundred dollars nor more than three hundred dollars or be imprisoned for not more than thirty days; for a second offense within three years of the date of conviction for a first offense, the person must be fined not less than three hundred dollars nor more than five hundred dollars or be imprisoned for not more than thirty days; for a third offense within three years of the date of conviction for a first offense, the person must be fined one thousand dollars or be imprisoned for not more than sixty days.
Section 50-11-1920. The proprietor of any eating establishment who sells or offers for sale venison is guilty of a misdemeanor and, upon conviction, must be punished as for a violation of Section 50-11-1910. The provisions of this section do not apply to private functions.
Section 50-11-1930. It is unlawful to buy or sell, expose for sale, or have in possession for sale or barter any willet or dove.
Section 50-11-1940. It is unlawful for any person to buy or barter for sale any wild quail within this State. Any person violating this section must be fined twenty-five dollars for each quail so bought or sold or imprisoned for not more than thirty days for each quail so bought or sold.
Section 50-11-1950. It is lawful for anyone to own, possess, control, sell, or otherwise dispose of pheasant eggs within this State or to sell or otherwise dispose of the eggs beyond the borders of the State, under regulations promulgated by the department.
Article 9
Field Trials
Section 50-11-2100. The department shall promulgate regulations to permit and regulate field trials during the year including the closed season. A person violating the provisions of these regulations is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days for each offense.
Section 50-11-2110. In Game Zone 9 field trials may be conducted from January first through January fifteenth of each year. If a permit is required to sponsor the field trial, the permit must be issued by the department upon written request by the organized sponsoring association's designated officer.
Article 10
Wildlife Management Areas
Section 50-11-2200. It is unlawful to hunt deer on land designated as wildlife management areas within three hundred yards of a residence. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
Section 50-11-2210. The abuse of wildlife management area land and improvements thereon is unlawful. Any person who damages or destroys wildlife management area land or improvements on them including, but not limited to, roads, vegetation, buildings, structures, or fences or leaves refuse, trash, or other debris on the property or sets, makes, or builds a fire except in an area specially designated by the department or landowner as a campfire area is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars and be required to make restitution to the landowner in an amount determined by the court to be necessary to repair, rebuild, restore, or clean up the property to its condition before the abuse occurred. Any person failing to make restitution within the time limit set by the court shall serve a mandatory ten-day sentence in the county jail which may not be suspended in whole or in part. The provisions of this section are in addition to other criminal penalties.
Section 50-11-2220. Any person violating the provisions of Section 50-11-2210, in addition to the penalties prescribed, shall lose the privileges of entering onto wildlife management area land for one year. Any person convicted twice within a three-year period of a violation of Section 50-11-2210 or within the same period of time convicted twice of unlawful commercial hunting or fishing on wildlife management area lands, in addition to the penalties prescribed in Section 50-11-2210, is forever barred from obtaining a Wildlife Management Area permit and shall lose his right to hunt and fish within the State for one year. The provisions of this section are in addition to other criminal penalties.
Section 50-11-2230. Before any person may lease property to the Wildlife Management Area Program, there must be either public or private access to the property available for use by individuals hunting the property under the program during the term of the lease.
Section 50-11-2240. Hunting for deer in all department game management areas in Game Zone 5 is subject to regulation as provided for in Game Zone 4.
Article 11
Operation Game Thief
Section 50-11-2300. There is created an Operation Game Thief Program to be funded by: (1) monies authorized from the county game fund of the state treasury not to exceed thirty thousand dollars annually; (2) monies received from donations to the fund, which must be used for general program purposes. The donor may not specify the purposes for which the donation must be used; (3) monies appropriated by the General Assembly for the purposes provided in this article.
Section 50-11-2310. Funds from the Operation Game Thief Program may be expended only for the following purposes: (1) the financing of reward payments to persons other than law enforcement officers, department personnel, and members of their immediate families responsible for information leading to the arrest of any persons for unlawfully taking, wounding or killing, possessing, transporting, or selling wildlife and attendant acts of vandalism. The board shall establish the schedule of rewards to be paid for information received and payment must be made from funds available for this purpose; (2) the financing of a statewide telephone reporting system under the name of `Operation Game Thief' established under the direction of the board; (3) the promotion of public recognition and awareness of the Operation Game Thief Program.
Section 50-11-2320. The Operation Game Thief Program funds must be expended in conformity with the laws of the State, except that any monies appropriated by the General Assembly or received from donations must be used before monies from any county game fund are used. Balances remaining at the end of the fiscal year are exempt from the provisions of law relating to lapsing of appropriations.
Article 12
Trapping, Furbearing Animals, Regulation of Dealers, Buyers, Processors, and Transporters of Furs or Similar Products or Articles
Section 50-11-2400. For the purpose of this article: (a) `furbearing animal' includes red and gray fox, raccoon, opossum, muskrat, mink, skunk, otter, bobcat, weasel, or beaver; (b) `fur buyer' means any person who purchases any whole furbearing animal, raw or green furs, pelts, or hides; (c) `take' means to shoot, wound, kill, trap, capture, or collect, or attempt to shoot, wound, kill, trap, capture, or collect; (d) `commercial purposes' means taking or possessing any fur, pelt, hide, or whole animal for exchange, sale, trade, or barter and taking or possessing more than five furs, pelts, hides, or whole animals is taking for commercial purposes; (e) `trapper' means any person who takes or attempts to take animals by trapping; (f) `trap' means any device, other than a weapon, designed or constructed for taking animals; (g) `foot-hold trap' means a steel-jawed, spring-loaded device designed to capture the animal by the foot; (h) `live trap' means any box or cage designed for capturing and holding any animal unharmed; (i) `processor' means any person engaged in tanning or dressing furs, pelts, or hides of furbearing animals for commercial purposes; (j) `transfer' includes selling, bartering, exchanging, and transporting.
Section 50-11-2410. It is unlawful for any person to sell, make, or use a foot-hold trap or any like device within this State. This prohibition does not apply to foot-hold traps of a size number three or smaller made, sold, or used by the owner, leaseholder, or owner's employee for the protection of property when the devices are set within two hundred yards of the person's residence or within twenty-five yards of any poultry house, nor does this section apply to merchants who have such traps for sale outside this State. The use of body gripping traps of the Conibear type may be used without bait or scents for vertical water sets and vertical slide sets only. It is lawful to use foot-hold traps of a size number two or smaller for land sets and a size number three or smaller for water sets in Game Zones 1, 2, 3, 4, 6, 7, 10, and 11 inclusive. The use of foot-hold traps in Game Zones 5, 8, and 9 may be allowed with the approval of the majority of the legislative delegation for the game zone involved. The legislative delegations for any game zone may elect to restrict the use of the foot-hold trap and the Conibear trap, except when it is used as permitted in the preceding paragraph, by a majority vote. A petition signed by the members allows or prohibits the use of foot-hold traps. The petition must be forwarded to the department. The initiative for the petition must originate with the members of the delegations for the respective game zone. The approval or repeal remains in effect for no less than one year.
Section 50-11-2415. It is lawful to use rubber padded steel foot-hold traps of a size number two or smaller for land sets for the capture of live fox in Game Zone 9. Any other furbearing animal so captured must be immediately released.
Section 50-11-2420. In addition to a valid state hunting license, a commercial fur license is required of all persons who sell or take by any means, except trapping, furbearing animals for commercial purposes and all persons who trap or who attempt to trap any furbearing animals. The license is issued by the department at a cost of ten dollars for residents and one hundred dollars for nonresidents. The license is valid for the fiscal year for which issued. Any person taking animals under authority of a commercial fur license shall carry the license on his person. Any person having in his possession more than five furbearing animals or pelts shall have a valid commercial fur license. The provisions of this section do not apply to a processor, manufacturer, or retailer.
Section 50-11-2430. Any person engaged in the act of trapping shall have proof that he is the owner of the property on which the traps or devices are set or carry on his person written permission to use the property for trapping.
Section 50-11-2440. A trapper shall visit his traps daily and remove any animal caught but no trapper may visit any trap at night and no trap may be set `in the open' or in paths, roadways, or runways commonly used by persons or domestic animals.
Section 50-11-2445. It is unlawful for any person, other than the owner of the trap to remove any lawfully trapped wildlife from any legally set trap. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned for no more than thirty days.
Section 50-11-2450. Any person required to be licensed under Section 50-11-2420 shall report to the department by April fifteenth of each year the number and type of furbearing animals taken, sold, or shipped, together with the names and addresses of persons to whom sold or shipped using forms as the department may prescribe. Any person failing to report by April fifteenth of each year shall, on the second offense, be denied a license for the following fiscal year.
Section 50-11-2460. The following traps are allowed for trapping in accordance with an approved commercial fur license: (1) body gripping traps (generally known by the brand name `Conibear') as provided in Section 50-11-2410; (2) live traps; (3) foot-hold traps as provided in Section 50-11-2410. All other traps, including `deadfall' traps, are unlawful unless expressly authorized by the department by regulation. All traps must bear the owner's name and address either directly thereon or by an attached identification tag.
Section 50-11-2470. Any person other than a retailer of finished fur or manufacturer of finished furs, pelts, hides, similar articles, or parts of them who buys furs, pelts, hides, whole furbearing animals, similar articles, or parts of them in this State is required to have a fur buyer's license. The license is issued by the department at a cost of one hundred dollars for residents and two hundred dollars for nonresidents. The license is valid for the fiscal year in which issued. Any person transacting business under authority of such a license shall carry that license on his person.
Section 50-11-2475. Any fur processor engaged in processing the hides of furbearing animals is required to obtain a processor's license. The license is issued by the department at a cost of five hundred dollars. The license is valid for the fiscal year in which it is issued. A taxidermist who possesses any fur, pelt, hide, or whole furbearing animal legally owned by another person, which he is temporarily holding for the purpose of processing, is not required to obtain this license. All processors shall keep a daily register showing the name and address of each person from whom the fur, pelt, hide, or whole furbearing animal is received, the number of each species, and the date and place of origin. All processors shall report the information to the department not later than June thirtieth of each year.
Section 50-11-2480. The following persons are not required to obtain the license provided for in Section 50-11-2470: (a) a person who acquires not more than five furs, pelts, hides, or whole animals for his own personal use during one season and not for barter, exchange, or sale; (b) a person licensed under Section 50-11-2475 as a processor; (c) a taxidermist who possesses any fur, pelt, hide, or whole furbearing animal legally owned by another person which he is temporarily holding solely for the purposes of processing; (d) a person acquiring furbearing animal carcasses without hides.
Section 50-11-2490. All fur dealers, buyers, and processors, other than retailers, shall keep a daily register on forms provided by the department showing the name and address of each person from whom any furs are purchased, the number of his commercial fur license, and the number and types of furs, pelts, orhides purchased. Not later than the tenth day of each month, all dealers, buyers, and processors shall furnish the department all of the daily register sheets for the previous month. Any fur, pelt, or hide not properly tagged or logged when examined by the department is declared contraband and must be confiscated by the department.
Section 50-11-2500. Any person desiring to hold fur more than thirty days after the end of the regular season for taking furbearers shall apply to the department for a permit at no cost to hold the fur. The applications for the permits must contain an itemized list of furs to be held along with their fur tag numbers. The possession of any raw or green fur, pelt, or hide of any furbearing animal more than thirty days after the end of the regular season for taking furbearers other than provided for in this section is illegal.
Section 50-11-2510. Any person required to be licensed pursuant to Section 50-11-2420 who takes any furbearing animal must tag the fur, pelt, hide, or whole furbearing animal at the time the fur is removed from the carcass or in the case of a whole animal at the time the whole animal is stored or before it is sold, whichever occurs first. The tags must be sold by the department according to the following fee schedule: bobcat $2.00 otter 2.00 mink 1.00 gray fox 1.00 red fox 1.00 weasel 1.00 beaver .25 raccoon .50 skunk .25 muskrat .25 opossum .25 The tags must be of a type and size the department prescribes. The tags must be securely attached and may not be removed until the time of processing. Any fur, pelt, hide, or whole animal which does not have a tag attached as required by this section or that is unlawfully tagged is declared contraband and must be confiscated. Unused tags must be returned to the department by April fifteenth of each year. Full refund must be given for unused tags returned by April fifteenth. Tags may only be used for the specific species for which they are issued and they must be numbered consecutively. These tags are nontransferable and may not be altered in any manner. The department may limit the number of tags for each species and the area in which they may be used. Furbearing animals taken live to be sold as live animals are not required to be tagged.
Section 50-11-2515. Except as otherwise permitted in this article, it is unlawful to possess, acquire, or transfer any untagged fur, pelt, hide, or whole animal. Any person convicted of a violation of this section is guilty of a misdemeanor and must be punished as provided in Section 50-11-2560. Each fur, pelt, hide, or whole animal found untagged or unlawfully tagged constitutes a separate offense.
Section 50-11-2520. All enforcement officers and any other employee of the department designated by the board, at any and all reasonable hours, may inspect the business premises and records required by this article of any person licensed under this article to ensure compliance. The license of any licensee who refuses to allow promptly an inspection authorized under this section is subject to immediate revocation.
Section 50-11-2530. The department may confiscate all traps and devices, furs, pelts, hides, and whole animals which are illegally possessed, tagged, or used. Where the department has no storage facilities for perishable items such as furs, it may sell them at a reasonable price and hold the proceeds pending the final outcome of the case. Upon conviction of the owner, any traps, devices, furs, pelts, hides, or whole animals being held may be disposed of as determined advisable by the department and any proceeds resulting from the sale must be used for the propagation and protection of game.
Section 50-11-2540. It is lawful to trap furbearing animals for commercial purposes from January first to March first of each year. The trapping season may not exceed sixty days each year under any circumstances. It is unlawful to trap any other times unless authorized by the department. It is lawful to take furbearing animals by other lawful means during the general open hunting seasons established therefor.
Section 50-11-2550. Any person shipping or transporting or attempting to ship or transport untanned furs, pelts, hides, or whole furbearing animals out of this State shall first obtain a permit from the department. The department may designate an enforcement officer or other representative in each county to inspect the shipment and issue the permit.
Section 50-11-2560. Any person violating the provisions of Section 50-11-2410, 50-11-2420, 50-11-2470, 50-11-2475, 50-11-2490, or 50-11-2515 is guilty of a misdemeanor and, upon conviction, must be fined not less than three hundred dollars nor more than one thousand dollars, or imprisoned for not more than sixty days for each violation. In addition, upon conviction, the department shall suspend the fur buyer's license for one year from the date of the conviction.
Section 50-11-2565. Any person violating the provisions of this article unless otherwise specified in Section 50-11-2560 is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars, or imprisoned for not more than thirty days for each violation.
Section 50-11-2570. The department may issue special permits, at no cost to the applicant, for the taking, capturing, or transportation of any furbearing animal or of any other game animal which is destroying or damaging private or public property, timber, or growing crops so as to be a nuisance or for scientific or research purposes.
Section 50-11-2575. The department may issue special depredation permits, at no cost to the applicant, to allow the use of snares for beavers in water-sets.
Section 50-11-2580. No provisions of Sections 50-11-2400, 50-11-2410, 50-11-2420, 50-11-2450, 50-11-2460, 50-11-2470, 50-11-2510, 50-11-2520, 50-11-2530, 50-11-2540, 50-11-2550, 50-11-2560 shall apply to any person who owns a foxhunting-enclosed preserve or pup training facility where the foxes are not retained or marketed for fur utilization if such foxes are from a licensed commercial trapper in a live state. The department shall issue permits for the foxes at no cost to the owner of the preserve and shall require reports suitable to maintain adequate records of sales or transfers of the foxes."
Return to Contents Page