South Carolina General Assembly
111th Session, 1995-1996

Bill 4594


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       4594
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19960213
Primary Sponsor:                   Witherspoon
All Sponsors:                      Witherspoon, Sharpe, Herdklotz,
                                   McCraw, McTeer, Riser, McElveen,
                                   Fleming, Cromer, Limehouse and
                                   Sandifer 
Drafted Document Number:           pfm\7892ac.96
Companion Bill Number:             1197
Residing Body:                     House
Current Committee:                 Agriculture, Natural Resources
                                   and Environmental Affairs Committee
                                   20 HANR
Subject:                           Shad nets and uniform system of
                                   licensing



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19960213  Introduced, read first time,             20 HANR
                  referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

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:

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."

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:

"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 2

Hunter Education Program

Section 50-9-70. The South Carolina Wildlife and Marine Resources 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 50-9-80. 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 has received pursuant to Section 50-9-70 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 50-9-90. 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 50-9-70. 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 50-9-100. 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 which it is bought as being valid only on that specific preserve.

Article 3

Hunting Licenses

Section 50-9-120. (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 resident and 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 five dollars for residents and eight dollars and fifty cents for nonresidents.

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. Resident and nonresident patrons of pay lake operators or pay-to-fish commercial businesses are exempt from the requirement of purchasing an individual annual license when such establishment has purchased an annual license. The annual fee for a pay lake license shall be two hundred dollars.

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. 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 50-9-505. A person permitted pursuant to Section 50-9-500 is authorized to fish on Lake Ashwood in Lee County with nonmanufactured tackle or natural bait.

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 for violations to be used by the department in suspending hunting and fishing privileges of those persons participating in those activities within this State:

(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 50-9-1030. 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.

CHAPTER 9

Hunting, Fishing, and Trapping Licenses

Article 1

General Provisions

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.

Article 3

Hunter Education Program

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.

Article 5

Hunting and Fishing Licenses

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 combination hunting and fishing license at no cost from the department. This license includes the privilege of hunting big game 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 Railroad Retirement Board, the Veterans Administration, or Medicaid assistance may obtain a statewide combination fishing and hunting license at no cost. This license includes the privilege of hunting big game 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.

(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 in streams, lakes, rivers, and reservoirs with nonmanufactured tackle and natural bait only, a resident of this State may obtain an annual statewide streams, lakes, rivers, and reservoirs license for three dollars, of which one dollar may be retained by the issuing agent. A person violating this subsection, upon conviction, must be fined not less than ten dollars nor more than twenty-five dollars.

(D) 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.

(E) 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.

(F) 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.

Article 7

Hunting and Fishing License Exemptions

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.

Article 9

Revenue

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.

Article 11

Suspension of Hunting and Fishing Privileges

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."

SECTION 2. Section 50-11-2200 of the 1976 Code, as last amended by Act 181 of 1993, is amended to read:

"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.

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."

SECTION 3. 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 9, Chapter 9 of Title 50."

SECTION 4. Sections 50-1-150, 50-1-170, 50-1-230, 50-11-2240, and 50-13-1140 of the 1976 Code are repealed.

SECTION 5. This act takes effect July 1, 1996.

-----XX-----