Current Status Bill Number:1197 Ratification Number:412 Act Number:372 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960229 Primary Sponsor:Drummond All Sponsors:Drummond and Land Drafted Document Number:pfm\8050ac.96 Companion Bill Number:4594 Date Bill Passed both Bodies:19960516 Date of Last Amendment:19960514 Governor's Action:U Became law without signature of Governor Date of Governor's Action:19960530 Subject:Uniform system of licensing for fisheries and wildlife
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19960613 Act No. A372
------ 19960530 Unsigned, became law without
signature of Governor
------ 19960523 Ratified R412
Senate 19960516 Concurred in House amendment,
enrolled for ratification
House 19960515 Read third time, returned to Senate
with amendment
House 19960514 Amended, read second time
House 19960508 Recalled from Committee 20 HANR
House 19960430 Introduced, read first time, 20 HANR
referred to Committee
Senate 19960426 Read third time, sent to House
Senate 19960425 Amended, read second time,
unanimous consent for third reading
on Friday, 19960426
Senate 19960424 Committee report: Favorable with 07 SFGF
amendment
Senate 19960229 Introduced, read first time, 07 SFGF
referred to Committee
View additional legislative information at the LPITS web site.
(A372, R412, S1197)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-845 SO AS TO REQUIRE NONRESIDENTS OWNING OR OPERATING SHAD NETS IN THE SAVANNAH RIVER TO BE LICENSED AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 50, AS AMENDED, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO REVISE CURRENT LAW TO PROVIDE FOR A UNIFORM SYSTEM OF LICENSING FOR FRESHWATER FISHERIES AND WILDLIFE, TO PROVIDE FOR HUNTER EDUCATION PROGRAMS, AND TO PROVIDE FOR THE DISBURSAL OF REVENUE FROM LICENSES AND PERMITS; TO AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO THE PROHIBITION ON HUNTING DEER ON WILDLIFE MANAGEMENT AREA LANDS, SO AS TO PROVIDE FOR A WILDLIFE MANAGEMENT AREA PROGRAM; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM MARINE RECREATIONAL FISHING STAMP REQUIREMENTS, SO AS TO REVISE THE EXEMPTIONS; AND TO REPEAL SECTION 50-1-150 RELATING TO THE DISPOSITION OF HUNTING AND FISHING FINES, FORFEITURES, AND FEES, SECTION 50-1-170 RELATING TO THE DISPOSITION OF FINES COLLECTED IN BEAUFORT COUNTY FOR VIOLATIONS OF FISH AND GAME LAWS, SECTION 50-1-230 RELATING TO THE USE OF FUNDS COLLECTED IN THE SANTEE COOPER AREA, SECTION 50-11-2240 RELATING TO HUNTING DEER IN GAME MANAGEMENT AREAS IN GAME ZONE FIVE, AND SECTION 50-13-1140 RELATING TO THE AUTHORIZATION TO FISH FOR NONGAME FISH UNDER CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
Licenses required for shad nets used in Savannah River
SECTION 1. The 1976 Code is amended by adding:
"Section 50-17-845. (A) 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 must be attached to the net.
(B) Nonresidents who operate shad nets in the Savannah River, whether the 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 must be on the operator's person at all times.
(C) A person violating a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars or more than one hundred dollars or be imprisoned not more than thirty days."
Hunting, fishing, and trapping licenses revised
SECTION 2. Chapter 9, Title 50 of the 1976 Code, as last amended by Act 181 of 1993, Acts 386, 473, and 495 of 1994, and Act 141 of 1995, is further amended to read:
Section 50-9-10. It is unlawful to hunt, fish, or take fish or wildlife without obtaining a license and applicable permits, tags, or stamps which allow these activities. A person convicted of violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than five hundred dollars or imprisoned not more than thirty days.
Section 50-9-20. Annual resident and nonresident hunting and fishing licenses are valid July first through June thirtieth the following year. Resident and nonresident temporary licenses are valid for consecutive days as indicated on the license.
Section 50-9-30. (A) For the purposes of obtaining:
(1) an annual or a lesser short-term resident license, `resident' means a United States citizen who has been domiciled in this State for thirty consecutive days or more immediately preceding the date of application for a license, permit, or stamp issued pursuant to this title. The following are considered residents pursuant to this section:
(a) regularly enrolled full-time students in high schools, technical schools, colleges, or universities within South Carolina;
(b) members of the United States Armed Forces and their dependents stationed in South Carolina for sixty days or longer or who are domiciled in this State;
(2) a lifetime license, `resident' means a United States citizen who has been domiciled in this State for one hundred eighty consecutive days or more immediately preceding the date of the application for the lifetime license;
(3) an annual or lesser short-term nonresident license. `Nonresident' means a citizen of a foreign country or a United States citizen who is not domiciled in this State or who maintains a permanent residence in another state.
(B) Applicants for resident licenses shall furnish proof of residency to sales agents.
Section 50-9-40. Licenses for fishing privileges regulated by this chapter apply to freshwaters of the State only.
Section 50-9-50. Licenses, permits, tags, and stamps issued pursuant to this title must be carried on the person while exercising the privileges of the license, permit, tag, or stamp, and the person shall produce the license, permit, tag, or stamp to a law enforcement officer upon demand. A person who has been issued a license, permit, tag, or stamp but who fails to keep it in possession while exercising the privileges granted under it is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than five hundred dollars or imprisoned not more than thirty days.
Section 50-9-60. It is unlawful for a person to borrow or lend a license, permit, tag, or stamp issued pursuant to this title. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than thirty days. A person convicted pursuant to this section forfeits his hunting and fishing privileges for one year.
Section 50-9-70. It is unlawful to alter a license, permit, tag, or stamp issued pursuant to this title or issue, obtain, or attempt to obtain a license, permit, tag, or stamp by fraud. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than thirty days. A person convicted pursuant to this section forfeits his hunting and fishing privileges for one year.
Section 50-9-80. Duplicate licenses may be issued by the department only upon affidavit from the licensee that the original license was lost or destroyed and upon payment of the cost of the duplicate.
Section 50-9-310. The department shall establish programs in instruction on the safe use of firearms and archery tackle for hunting and hunter responsibility. The programs must include, but are not limited to, the selection, training, and certification of instructors, appropriate course materials and content, and criteria for successful course completion. The department shall authorize the issuance of a certificate of completion to persons successfully completing the course.
Section 50-9-320. No resident or nonresident born after June 30, 1979, may obtain a hunting license in this State unless he first exhibits the certificate of completion he receives pursuant to Section 50-9-310 to the authorized hunting license agent from whom he desires to buy a license. A certificate of successful completion of a hunter's education program issued by other states or territories of the United States, Canadian provinces, or other nations is valid for purposes of this article if the department approves the course as comparable to the program required by this article. A license issued in violation of this section is invalid.
Section 50-9-330. Lifetime hunting and lifetime combination licenses may be issued to persons required to be certified who have not completed the hunter education program pursuant to Section 50-9-310. However, a license issued under this section does not authorize the person to hunt until the program is completed. The requirements of this section do not apply to persons who purchased a lifetime hunting or lifetime combination license before its effective date.
Section 50-9-340. A certificate of completion is not required for a hunting license to be used solely for hunting game on a specific shooting preserve of over ten thousand contiguous acres and including onsite hunting instruction and supervision provided for in Article 7, Chapter 11 of Title 50. A license issued under this section must be marked clearly by the authorized hunting license agent from whom it is bought as being valid only on that specific preserve.
Section 50-9-510. The following licenses are authorized for sale and, unless otherwise indicated, are for the privilege of hunting small game only:
(1) For the privilege of hunting throughout South Carolina, a resident of the State shall purchase an annual statewide license for twelve dollars, of which one dollar may be retained by the issuing agent.
(2) For the privilege of hunting only in the county in which the applicant is a resident, a resident of the State shall purchase a county hunting license for five dollars, of which one dollar may be retained by the issuing agent. County licenses are only valid when issued to residents of that county.
(3) For the privilege of hunting and fishing, including the privilege of hunting big game throughout South Carolina, a resident of the State shall purchase a combination fishing and hunting license for seventeen dollars, of which one dollar may be retained by the issuing agent.
(4) For the privilege of hunting and fishing throughout South Carolina, including the privileges of hunting big game and hunting on wildlife management area land, a resident of the State shall purchase a sportsman license for forty-four dollars, of which one dollar may be retained by the issuing agent.
(5) For the privilege of hunting throughout South Carolina, a resident of the State may obtain a lifetime statewide license from the department's Columbia headquarters for three hundred dollars.
(6) For the privilege of hunting throughout South Carolina July first through June thirtieth, a nonresident shall purchase an annual statewide license for seventy-five dollars, of which two dollars may be retained by the issuing agent.
(7) For the privilege of hunting throughout South Carolina during the regular hunting season for any ten consecutive days, a nonresident shall purchase a ten-day temporary license for fifty dollars, of which two dollars may be retained by the issuing agent.
(8) For the privilege of hunting throughout South Carolina during the regular hunting season for any three consecutive days, a nonresident may purchase a statewide three-day temporary license for twenty-five dollars, of which one dollar may be retained by the issuing agent.
(9) For the privilege of hunting big game including deer, bear, and turkey throughout South Carolina, a resident shall purchase a big game permit in addition to the required resident hunter's license for six dollars, of which one dollar may be retained by the issuing agent.
(10) For the privilege of hunting big game including deer, bear, and turkey throughout South Carolina, a nonresident shall purchase a big game permit in addition to the required nonresident hunter's license for eighty dollars, of which one dollar may be retained by the issuing agent.
(11) For the privilege of hunting on wildlife management area lands throughout South Carolina, a resident shall purchase a wildlife management area permit in addition to the required resident hunter's license for thirty dollars and fifty cents, of which one dollar may be retained by the issuing agent.
(12) For the privilege of hunting on wildlife management area lands throughout South Carolina, a nonresident shall purchase a wildlife management area permit in addition to the required nonresident hunter's license for seventy-six dollars, of which one dollar may be retained by the issuing agent.
(13) The department may issue resident wildlife management area permits from the Columbia office for five dollars and fifty cents, each of which are valid only for department-specified events.
(14) For the privilege of hunting and fishing throughout South Carolina, including the privilege of hunting big game and hunting on wildlife management area lands, a resident who is at least sixteen years of age but who has not reached his eighteenth year may purchase a junior sportsman's license for sixteen dollars, of which one dollar may be retained by the issuing agent. This license must be countersigned by the parent or guardian as certification of the age and residence of the individual.
(15) A resident of South Carolina who has attained the age of sixty-five years may obtain a statewide lifetime hunting and fishing license at no cost from the department. This license includes the privilege of hunting big game, hunting on wildlife management area lands, and state migratory waterfowl and of saltwater fishing.
(16) A person who has been a domiciled resident of South Carolina for at least one year and who is determined to be totally disabled under a program for Social Security, federal civil service, the South Carolina State Retirement System, the Railroad Retirement Board, the Veterans Administration, or Medicaid assistance may obtain a statewide fishing and hunting license at no cost. This license includes the privilege of hunting big game, hunting on wildlife management area lands, and state migratory waterfowl and of saltwater fishing. It must be issued by the department from its Columbia office only and is valid for three years. Disability recertification is required for renewal, provided that any person with quadriplegia or paraplegia who is certified as totally disabled will not have to obtain a disability recertification. To recertify, applicant must furnish proof, in the manner determined by the department, that he or she is currently receiving disability benefits.
(17) For the privilege of hunting on licensed shooting preserves, a person may purchase a statewide shooting preserve license for specified released species only for not more than eight dollars and fifty cents in lieu of a hunting license.
(18) Persons certified as disabled before July 1, 1996, and who are licensed to hunt or fish pursuant to that disability before July 1, 1996, upon recertification as required herein, may continue to exercise privileges of a disability licensee as provided herein at no cost.
Section 50-9-520. A resident of this State may obtain from the department at its Columbia office a lifetime combination license which grants the same privileges as a statewide combination license. The licensing fees are:
(1) Type A which is available only to an individual under two years of age: three hundred dollars;
(2) Type B which is available only to an individual under sixteen years of age: four hundred dollars;
(3) Type C which is available only to an individual sixteen years of age or older: five hundred dollars;
(4) Type D which is available only to an individual sixty-four years of age or older: nine dollars.
Section 50-9-530. For purposes of this chapter:
(1) `Migratory waterfowl' means members of the family Anatidae, including brants, ducks, geese, and swans. It is unlawful for a person to hunt or take migratory waterfowl within this State without first procuring a state migratory waterfowl stamp. It is unlawful to hunt or take migratory waterfowl without having a valid migratory waterfowl stamp in possession while hunting, taking, or transporting migratory waterfowl. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than five hundred dollars or imprisoned not more than thirty days.
(2) Each stamp required under this section must be validated by the signature of the licensee written across the face of the stamp.
(3) The department shall furnish stamps to its authorized licensed sales agents for sale in the same manner as other type licenses. The fee for each stamp is five dollars and fifty cents. Fifty cents of the stamp cost may be retained by the issuing sales agent, and the balance must be paid to the department. Each stamp expires on the last day of June following issuance.
(4) 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. These proceeds must be retained by the department.
(5) Revenue derived from the sale of the stamp may be used only for the cost of printing, promoting, and producing the stamp and for those migratory waterfowl projects specified by the board for the development, protection, and propagation of waterfowl in this State. None of the funds may be expended for administrative salaries.
Section 50-9-540. (A) For the privilege of fishing throughout South Carolina, a resident of this State shall purchase an annual statewide license for ten dollars, of which one dollar may be retained by the issuing agent.
(B) In lieu of obtaining a regular, annual, statewide resident fishing license, a resident may purchase a temporary statewide fishing license valid for fourteen consecutive days for five dollars, of which one dollar may be retained by the issuing agent.
(C) For the privilege of fishing throughout South Carolina, a resident of this State may obtain a lifetime statewide fishing license from the department at its Columbia office for three hundred dollars.
(D) For the privilege of fishing throughout South Carolina, a nonresident of this State shall purchase an annual statewide license for thirty-five dollars, of which one dollar may be retained by the issuing agent.
(E) In lieu of obtaining a regular annual statewide nonresident fishing license, a nonresident may purchase a temporary statewide license valid for seven specified consecutive days for eleven dollars, of which one dollar may be retained by the issuing agent.
Section 50-9-550. 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 50-9-510(3), 50-9-510(4), or 50-9-540(A) 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;
(13) Lake Ashwood in Lee County.
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 7 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.
Section 50-9-710. (A) Children under sixteen years of age are not required to procure or possess a hunting or fishing license or any other permit or license required for hunting or fishing unless that child engages in the taking of wildlife or fish for commercial purposes.
(B) No person is required to possess a fishing license if fishing in a private pond. However, if the pond is used for commercial purposes, it is not considered a private pond.
(C) Commercial fishing lake operators or pay-to-fish commercial businesses may purchase an annual license for two hundred dollars. Resident and nonresident patrons of these establishments are exempt from the requirement to purchase an individual annual license.
Section 50-9-720. (A) The department may permit physically or mentally disabled persons, residents of an orphanage or another eleemosynary institution of this State, or a Boy or Girl Scout to hunt or fish for up to three consecutive days within a county of this State without obtaining a license to do so if:
(1) The person or the institution receives a permit from the department.
(2) The name of each person to whom the permit applies is furnished to the department.
(B) The residents of institutions must be accompanied on the hunting or fishing trip for which the permit is granted by a representative of the institution.
(C) No blind or mentally disabled person may carry or use a weapon while hunting or fishing pursuant to this section.
Section 50-9-730. (A) The department may designate up to two days a year as `free fishing days' during which state residents may fish without procuring the necessary licenses and permits. These days need not be consecutive. This subsection does not apply to commercial fishing privileges.
(B) The department also may designate department-sanctioned fishing events as exempt from fishing license requirements. However, the events may not exceed one for each county a year.
Section 50-9-910. (A) Revenue from fines and forfeitures for violations of Chapters 1 through 16, except for violations of marine resources laws, must be transmitted to the treasurer of the county where the revenue was collected. The treasurer shall transmit the revenue to the director of the department accompanied by a statement showing the names of persons fined, the amount of each fine, the summons or warrant number, and the court in which each fine was collected.
(B) The revenue provided for in subsection (A) and one-half of the revenue generated from the sale of nonresident fishing licenses must be credited to the county game fund of the county in which the licenses were sold or revenue was collected.
(C) The funds provided for in subsection (B) must be expended in the respective counties for the protection, promotion, propagation, and management of wildlife and fish and the enforcement of related laws.
Section 50-9-920. (A) Revenue generated from the sale of lifetime licenses must be deposited in the Wildlife Endowment Fund.
(B) All wildlife management area revenue must be retained by the department and used exclusively for the management and the procurement of wildlife management area lands.
(C) Revenue generated from the sale of other licenses and permits, except revenue from the sale of licenses and permits pursuant to the marine resources laws, wildlife management area revenue, and revenue from the fines and forfeitures for violations of other sections of this title, must be deposited with the State Treasury to the credit of the Game Protection Fund. This revenue must be expended by the department for the protection, promotion, propagation, and management of wildlife and fish, the enforcement of related laws, and the dissemination of information, facts, and findings the department considers necessary.
Section 50-9-940. Balances in the funds provided for in this article, less amounts paid to the Training and Continuing Education Division of the Department of Public Safety, must be carried forward annually.
Section 50-9-1110. `Conviction' as used in this article includes the entry of a plea of guilty, the entry of a plea of nolo contendere, and the forfeiture of bail or collateral deposited to secure a defendant's appearance in court.
Section 50-9-1120. There is established the following point system for violations of certain provisions of law:
(1) Common violations:
(a) resisting arrest by the use of force, violence, or weapons against an employee of the department while engaged in his duties, a law enforcement officer aiding in the work of the department, or a 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 an illegal manner not mentioned specifically elsewhere in this section. However, no points may be assessed pursuant to this subitem for fish taken on the seaward side of the saltwater-freshwater dividing lines as provided in Section 50-17-30: 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;
(l) hunting, taking, possessing, or selling alligators in violation of law or department regulations: 14.
(2) Hunting violations:
(a) killing or attempting to kill or molest deer from a motorboat: 14;
(b) night hunting deer or bear: 18;
(c) illegally transporting furs or hides and possessing untagged hides: 10;
(d) trapping quail or wild turkeys: 10;
(e) hunting over bait: 8;
(f) killing or possessing 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) possessing buckshot illegally: 5;
(i) possessing unplugged gun while hunting, violation of Section 50-11-10: 4;
(j)
1. killing or possessing a wild turkey during the closed season: 18;
2. killing or possessing a wild turkey hen during the spring gobbler season: 14;
(k) roost shooting 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;
(s) illegally possessing, taking, or attempting to take raccoons during the season for hunting without weapons: 14.
(3) Fishing violations: trapping, netting, or seining game fish illegally: 10.
Section 50-9-1130. Each time a person is convicted of a violation enumerated in Section 50-9-1120, the number of points assigned to the violation must be charged against the person. For each calendar year that passes after assignment 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, the department shall reduce his point total to zero; however, a person's record must not be less then zero points.
Section 50-9-1140. The department shall suspend for one year the hunting and fishing privileges of a person who has eighteen or more points. The suspension begins the eleventh day after the person receives written notice by mail, return receipt requested, of the suspension, and ends the same day the following year.
Section 50-9-1150. (A) Upon determination that a licensee has accumulated sufficient points to warrant suspension of privileges, the department shall notify him in writing that his privileges are suspended and the licensee shall return the license to the department within ten days.
(B) The person may, within ten days after notice of suspension, request in writing a review, and upon receipt of the request, the department shall afford him a review. The department shall notify him of the date, time, and place of the review and the person shall have the right to have his attorney present with him if he so desires.
(C) If the 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. No probationary authority is given to the department by discretion or otherwise.
Section 50-9-1160. (A) A 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. The person shall have the right to have his counsel present with him if he so desires.
(B) If the person requests a review upon the record the suspension shall be held in abeyance until the day of the final disposition of the 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 50-9-1170. After the expiration of the period of suspension, the person's record shall be cleared of points and the person starts anew with no points.
Section 50-9-1180. The department shall administer and enforce this article and may promulgate 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 50-9-1190. Nothing contained in this article affects the action of the department in suspending, revoking, or canceling a license when the action is mandatory under the provisions of another law of this State.
Section 50-9-1200. A person who hunts or fishes while under suspension is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred fifty dollars nor more than five hundred dollars or imprisoned not more than one year, or both, and must have his hunting and fishing privileges suspended for an additional three years.
Section 50-9-1210. The points and penalties assessed under this article are in addition to and not in lieu of any other civil remedies or criminal penalties which may be assessed."
Establish wildlife management areas
SECTION 3. Section 50-11-2200 of the 1976 Code, as last amended by Act 181 of 1993, is amended to read:
"Section 50-11-2200. Subject to available funding, the department shall acquire sufficient wildlife habitat through lease or purchase or otherwise to establish wildlife management areas for the protection, propagation, and promotion of fish and wildlife and for public hunting and fishing. 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 not pay more than fair market value for the lease of lands in the area. The department may not lease land for the program which, during the preceding twenty-four months, was held under a private hunting lease. However, this restriction does not apply:
(1) if the former lessee executes a voluntary consent to the proposed wildlife management area lease;
(2) if the lessor cancels the lease; or
(3) to any lands which, during the twenty-four months before June 5, 1986, were in the game management area program. The department may establish open and closed seasons, bag limits, and methods for hunting and taking wildlife on all wildlife management areas."
Marine recreational fishing stamp exemptions
SECTION 4. Section 50-20-60 of the 1976 Code, as last amended by Section 1268, Act 181 of 1993, is amended to read:
"Section 50-20-60. The following are exempt from purchasing the stamp:
(1) fishermen using a hook and line from the shore or a shore-based structure;
(2) fishermen fishing from a charter fishing vessel with a valid charter fishing permit or from a public fishing pier with a valid public fishing pier permit;
(3) members of the United States Armed Forces who are residents of South Carolina stationed outside this State upon presentation of official furlough or leave papers;
(4) persons exempted under Article 7, Chapter 9 of Title 50."
Repeal
SECTION 5. Sections 50-1-150, 50-1-170, 50-1-230, 50-11-2240, and 50-13-1140 of the 1976 Code are repealed.
Time effective
SECTION 6. This act takes effect July 1, 1996.
Became law without the signature of the Governor -- 5/30/96.