South Carolina General Assembly
111th Session, 1995-1996

Bill 4661


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       4661
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19960222
Primary Sponsor:                   Sharpe
All Sponsors:                      Sharpe and Witherspoon 
Drafted Document Number:           dka\3393dw.96
Residing Body:                     House
Current Committee:                 Agriculture, Natural Resources
                                   and Environmental Affairs Committee
                                   20 HANR
Subject:                           Fish and game revisions, Game
                                   Zones divided into only four



History


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

House   19960222  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 ARTICLE 3, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-305 SO AS TO DESIGNATE SPECIES OF ANIMALS WHICH CONSTITUTE BIG GAME; SECTION 50-11-330 SO AS TO MAKE UNLAWFUL TO HUNT DEER WITHIN THREE HUNDRED YARDS OF A RESIDENCE WITHOUT THE PERMISSION OF THE OWNER OR OCCUPANT; SECTION 50-11-505 SO AS TO PERMIT A LANDOWNER OWNING TEN THOUSAND OR MORE ACRES TO CHOOSE A WILD TURKEY SEASON FOR THAT PROPERTY; SECTION 50-11-515 SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MUST PRESCRIBE THE METHODS AND BAG LIMITS FOR HUNTING AND TAKING OF TURKEYS IN ALL GAME ZONES; SECTION 50-11-600 SO AS TO ESTABLISH OPEN AND CLOSED SEASONS FOR HUNTING AND TAKING OF BEAR, AND PROVIDE PENALTIES FOR VIOLATION; SECTION 50-11-605 SO AS TO MAKE IT UNLAWFUL TO USE FOODSTUFFS TO BAIT OR ATTRACT BEAR OR TO HUNT BEAR BY AID OF OR USE OF BAIT, AND PROVIDE A PENALTY; TO AMEND ARTICLE 4, CHAPTER 17, TITLE 50, BY ADDING SECTION 50-17-445 SO AS TO MAKE IT UNLAWFUL TO CATCH FISH ON THE COMBAHEE RIVER IN CERTAIN AREAS USING CERTAIN DEVICES; TO AMEND SECTION 50-1-60, AS AMENDED, RELATING TO THE DIVISION OF THE STATE INTO ELEVEN GAME ZONES, SO AS TO DIVIDE THE STATE INTO FOUR ZONES; SECTION 50-11-110, RELATING TO WHICH ANIMALS CONSTITUTE SMALL GAME ANIMALS, SO AS TO INCLUDE COYOTE; SECTION 50-11-120, AS AMENDED, RELATING TO HUNTING SMALL GAME, SO AS TO CHANGE THE HUNTING SEASON AFFECTING VARIOUS GAME AND CONFORM THE SECTION TO THE REDUCTION IN GAME ZONES REQUIRED IN SECTION 50-1-60; SECTION 50-11-150, AS AMENDED, RELATING TO BAG LIMITS FOR SMALL GAME, SO AS TO CHANGE THE LIMITS AND CONFORM THE SECTION TO THE REDUCTION IN THE NUMBER OF GAME ZONES REQUIRED IN SECTION 50-1-60; SECTION 50-11-170, AS AMENDED, RELATING TO WILD RABBITS, SO AS TO DELETE A REFERENCE TO GAME ZONE 4; SECTION 50-11-180, AS AMENDED, RELATING TO TRAPPING OR SNARING OF QUAIL, SO AS TO MAKE IT UNLAWFUL EXCEPT AS PERMITTED BY THE DEPARTMENT; SECTION 50-11-310, AS AMENDED, RELATING TO THE OPEN SEASON FOR TAKING ANTLERED DEER, SO AS TO CONFORM THE SECTION TO THE REQUIREMENTS OF SECTION 50-1-60; SECTION 50-11-335, AS AMENDED, RELATING TO THE BAG LIMIT ON ANTLERED DEER, SO AS TO DELETE REFERENCES TO GAME ZONES 4, 7, 8, AND 10 AND THE PROVISION WHICH PROVIDES THERE IS NO LIMIT ON ANTLERED DEER IN GAME ZONES NOT MENTIONED; SECTION 50-11-350, AS AMENDED, RELATING TO THE PENALTY FOR ILLEGALLY TAKING DEER, SO AS TO MAKE THE PENALTY UNIFORM FOR ALL GAME ZONES; SECTION 50-11-380, AS AMENDED, RELATING TO THE CRIME OF POSSESSING A CERTAIN SIZE OF BUCKSHOT OR RIFLE, SO AS TO INCREASE THE PENALTY; SECTION 50-11-390, AS AMENDED, RELATING TO BAG LIMITS ON HUNTING AND TAKING ANTLERLESS DEER, SO AS TO DEFINE "ANTLERLESS DEER" AND ESTABLISH BAG LIMITS IN GAMES ZONES 1 THROUGH 4; SECTION 50-11-410, AS AMENDED, RELATING TO THE DEFINITION OF "ANTLERLESS DEER" SO AS TO MAKE IT UNLAWFUL TO POSSESS FRESHLY KILLED VENISON OR FRESH DEER SKIN OR PARTS; SECTION 50-11-500, AS AMENDED, RELATING TO THE CRIME OF ROBBING A WILD TURKEY NEST, SO AS TO PROVIDE FOR THE SEASON FOR HUNTING AND TAKING MALE WILD TURKEYS; SECTION 50-11-510, AS AMENDED, RELATING TO THE CRIME OF BAITING A WILD TURKEY, SO AS TO REVISE THE SECTION TO DEFINE "BAIT" AND "BAITED AREA"; SECTION 50-11-520, AS AMENDED, RELATING TO SPECIAL STUDIES BY THE DEPARTMENT WITH REGARD TO GAME ZONES WHICH HAVE BEEN RESTOCKED WITH WILD TURKEYS, SO AS TO MAKE IT UNLAWFUL TO HUNT, TAKE, OR ATTEMPT TO TAKE A TURKEY EXCEPT AS PERMITTED BY THE DEPARTMENT; SECTION 50-11-530, AS AMENDED, RELATING TO HARVESTING OF WILD TURKEYS IN CERTAIN AREAS OF GAME ZONES, SO AS TO MAKE IT UNLAWFUL TO ROB A WILD TURKEY NEST, TRAP, BUY, SELL, SHOOT A WILD TURKEY, AND PROVIDE EXCEPTION AND A PENALTY; SECTION 50-11-540, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING RULES APPLICABLE TO HUNTING WILD TURKEY, SO AS TO REQUIRE TRANSPORTATION TAGS FOR THOSE WHO HUNT WILD TURKEY AND PROVIDE A PENALTY FOR VIOLATION; SECTION 50-11-550, AS AMENDED, RELATING TO THE UNLAWFUL DISCHARGE OF A SHOTGUN DURING CERTAIN TIMES IN CERTAIN AREAS OF THE CATAWBA RIVER AND INDIA HOOK DAM, SO AS TO PROVIDE A PENALTY FOR A PERSON WHO EXCEEDS THE BAG LIMIT FOR WILD TURKEYS; SECTION 50-11-700, AS AMENDED, RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHT TO OBSERVE OR HARASS WILDLIFE AFTER 11:00 P.M., SO AS TO MODIFY THESE PROVISIONS AND PROVIDE A PENALTY; SECTION 50-11-705, AS AMENDED, RELATING TO THE USE OF ARTIFICIAL LIGHTS IN GAME ZONE 2, SO AS TO REGULATE THIS OFFENSE FOR GAME ZONE 4; SECTION 50-11-2110, AS AMENDED, RELATING TO FIELD TRIALS IN GAME ZONE 9, SO AS TO MODIFY THEM AND MAKE THEM APPLICABLE TO GAME ZONE 3; SECTION 50-11-2410, AS AMENDED, RELATING TO THE UNLAWFUL USE OF A FOOT-HOLD TRAP, SO AS TO DELETE REFERENCES TO THEIR PROHIBITION IN CERTAIN GAME ZONES; SECTION 50-13-650, AS AMENDED, RELATING TO THE UNLAWFUL USE OF NET OR SEINES FOR CATCHING SHAD IN CERTAIN AREAS OF SAVANNAH RIVER IN GAME ZONE 3, SO AS TO MAKE THIS SECTION APPLICABLE TO GAME ZONE 4; SECTION 50-13-730, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO PROMULGATE RULES AND REGULATIONS FOR OPEN SEASON FOR TAKING NONGAME FISH WITH NETS IN THE FRESHWATER OF GAME ZONE 9, SO AS TO CHANGE THE REFERENCE TO GAME ZONE 3; SECTION 50-13-805, AS AMENDED, RELATING TO THE LAWFUL GILL NET SIZE FOR CATCHING HERRING IN CERTAIN PARTS OF GAME ZONE 10, SO AS TO CHANGE THE REFERENCE TO GAME ZONE 3 AND FURTHER DELINEATE THE AREA; SECTION 50-13-990, AS AMENDED, RELATING TO THE UNLAWFUL RIDING OF A SURFBOARD IN GAME ZONE 7 AND GEORGETOWN COUNTY, SO AS TO CHANGE THE REFERENCE TO GAME ZONE 3; SECTION 50-17-385, AS AMENDED, RELATING TO UNLAWFULLY HARVESTING SHELLFISH IN GAME ZONE 9, SO AS TO CHANGE THE REFERENCE TO GAME ZONE 3; SECTION 50-17-421, AS AMENDED, RELATING TO THE UNLAWFUL USE OF CHANNEL NETS IN GAME ZONES 6 AND 11, SO AS TO CHANGE THE REFERENCE TO GAME ZONE 4 AND DELETE INCONSISTENT REFERENCES; SECTION 50-17-425, AS AMENDED, RELATING TO THE LAWFUL CATCHING OF FISH IN THE SALTWATERS OF THE ATLANTIC OCEAN IN GAME ZONE 7 WITH A HAUL SEINE, SO AS TO MAKE IT UNLAWFUL IN GAME ZONE 3 EXCEPT IN AREAS DESIGNATED FOR THAT PURPOSE BY THE DEPARTMENT AND DURING A SPECIFIED SEASON; SECTION 50-17-681, AS AMENDED, RELATING TO THE UNLAWFUL DUMPING OF REFUSE FROM NETS IN CERTAIN PARTS OF THE ATLANTIC OCEAN IN GAME ZONES 7 AND 9, SO AS TO CHANGE THE REFERENCE TO GAME ZONE 3; SECTION 50-17-813, AS AMENDED, RELATING TO THE UNLAWFUL SETTING OF NETS FOR CATCHING SHAD IN GAME ZONES 5 AND 8, SO AS TO FURTHER DELINEATE THE AREA AND TIMES FOR THE LAWFUL CATCHING OF SHAD; SECTION 50-17-816, AS AMENDED, RELATING TO CATCHING SHAD WITH A SEINE OR NET IN GAME ZONE 10, SO AS TO FURTHER DELINEATE THE AREA AND TIME FOR CATCHING SHAD; SECTION 50-17-870, AS AMENDED, RELATING TO THE LAWFUL USE OF GILL NETS AND TIMES FOR TAKING HERRING, SO AS TO FURTHER DELINEATE THE AREA AND DELETE A REFERENCE TO GAME ZONE 9; AND SECTION 50-17-1020, AS AMENDED, RELATING TO THE UNLAWFUL USE OF A TRAWL NET IN GAME ZONES 7 AND 9, SO AS TO CHANGE THE REFERENCE TO GAME ZONE 3; AND TO REPEAL SECTION 50-3-360, RELATING TO ADDITIONAL DEPUTY ENFORCEMENT OFFICERS FOR GAME ZONE 2; SECTION 50-11-130, RELATING TO PENALTIES FOR HUNTING WITHOUT FIREARMS IN GAME ZONE 9 DURING CERTAIN TIMES; SECTION 50-11-140, RELATING TO UNLAWFULLY HUNTING RACCOONS, OPOSSUMS, OR FOX WHEN CARRYING A WEAPON DURING A CERTAIN PERIOD; SECTION 50-11-340, RELATING TO THE PENALTY FOR HUNTING DEER DURING CLOSED SEASON; SECTION 50-11-355, RELATING TO HUNTING DEER NEAR RESIDENCE; SECTION 50-11-430, RELATING TO THE KILLING OF BEAR; SECTION 50-11-440, RELATING TO UNLAWFULLY USING BAIT TO LURE A BEAR; SECTIONS 50-11-703, 50-11-704, AND 50-11-706, RELATING TO THE PROHIBITION ON USING ARTIFICIAL LIGHTS FROM VEHICLES IN GAME ZONES 1, 4, 9, AND 10; SECTION 50-11-1280, RELATING TO RESTRICTIONS ON SHOOTING PRESERVES IN GAME ZONES 7 AND 9; SECTION 50-11-2415, RELATING TO USE OF CERTAIN RUBBER PADDED STEEL FOOT-HOLD TRAPS TO CAPTURE FOX; SECTION 50-13-20, RELATING TO LAWFUL METHODS OF CATCHING FISH IN CERTAIN LAKES IN GAME ZONE 2; SECTION 50-13-90, RELATING TO CLOSED SEASON ON TROUT; SECTION 50-13-110, RELATING TO LAWFUL FISHING FOR TROUT IN GAME ZONE 1; SECTION 50-13-120, RELATING TO NO SIZE LIMIT ON FRESHWATER GAME FISH OR TROUT; SECTION 50-13-190, RELATING TO THE ESTABLISHMENT OF A FRESH AND SALTWATER DIVIDING LINE FOR FISHING PURPOSES IN HORRY COUNTY; SECTION 50-13-200, RELATING TO NIGHT FISHING IN BRIDGE LAKE IN DORCHESTER COUNTY; SECTION 50-13-320, RELATING TO THE UNLAWFUL MOLESTATION OF DOLPHINS IN WATERS OF BEAUFORT COUNTY; SECTION 50-13-350, RELATING TO UNLAWFULLY FISHING OR TRESPASSING IN PRIVATE ARTIFICIAL PONDS USED TO BREED FISH OR OYSTERS; SECTION 50-13-360, RELATING TO UNLAWFULLY SHOOTING FISH IN CERTAIN COUNTIES; SECTION 50-13-530, RELATING TO CLOSED PERIOD FOR USE OF NETS, SEINES, AND LIKE DEVICES DURING CERTAIN TIMES; SECTION 50-13-610, RELATING TO LAWFULLY TAKING FISH IN GAME ZONE 1; SECTION 50-13-620, RELATING TO PENALTIES APPLICABLE IN GAME ZONE 1; SECTION 50-13-680, RELATING TO THE REQUIREMENT OF HAVING A PERMIT FOR TAKING FISH IN RED BLUFF POND IN MARLBORO COUNTY; SECTION 50-13-690, RELATING TO THE USE OF NETS OR OTHER DEVICES TO TAKE NONGAME FISH FROM PRIVATE PONDS IN CHESTERFIELD COUNTY; SECTION 50-13-700, RELATING TO THE USE OF DRAG SEINES AND NETS IN BEAUFORT COUNTY IN GAME ZONE 11; SECTION 50-13-770, RELATING TO THE USE OF TRAPS, TROTLINES, OR NETS TO CATCH FISH ON THE COMBAHEE RIVER; SECTION 50-13-815, RELATING TO THE USE OF GILL NETS IN CONCH CREEK IN GEORGETOWN COUNTY; SECTION 50-13-980, RELATING TO THE PRESUMPTION FROM THE POSSESSION OF FISH IN EXCESS OF LIMITS; SECTION 50-13-1010, RELATING TO THE APPLICATION OF ARTICLE 5, CHAPTER 13, TITLE 50; SECTION 50-13-1194, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO PROMULGATE REGULATIONS OF NONGAME FISHING IN FRESHWATERS; SECTION 50-13-1450, RELATING TO PRIMA FACIE EVIDENCE OF USING EXPLOSIVES TO TAKE FISH; SECTION 50-13-1470, RELATING TO THE FAILURE TO REPORT USE OF EXPLOSIVES TO TAKE FISH; SECTION 50-13-1940, RELATING TO THE DISTRIBUTION OF FISH RAISED IN HATCHERY IN GREENVILLE COUNTY; SECTION 50-13-2010, RELATING TO CREATING SHELLEY LAKE IN MARION COUNTY AS A FISH SANCTUARY; SECTION 50-17-35, RELATING TO THE CRIME OF CATCHING FISH ON CERTAIN PARTS OF THE COMBAHEE RIVER USING CERTAIN DEVICES; SECTION 50-17-230, RELATING TO THE REQUIREMENT OF HAVING A GIGGING LICENSE FOR GAME ZONE 11; SECTION 50-17-235, RELATING TO A RESIDENT GIGGING LICENSE FOR GAME ZONE 11; SECTION 50-17-410, RELATING TO THE USE OF PURSE SEINES IN GAME ZONES 7 AND 9; SECTION 50-17-811, RELATING TO OPEN SEASON FOR SHAD IN GAME ZONE 7; SECTION 50-17-815, RELATING TO SETTING NETS TO CATCH SHAD IN GAME ZONES 7 AND 9; AND SECTION 50-17-816, RELATING TO CATCHING SHAD UNLAWFULLY DURING CERTAIN HOURS IN GAME ZONE 10; TO AMEND CHAPTER 19 OF TITLE 50 BY REPEALING ARTICLE 1, RELATING TO THE CHEROKEE FISH AND GAME CLUB; ARTICLE 3, RELATING TO THE DARLINGTON COUNTY ADVISORY FISH AND GAME COMMISSION; ARTICLE 5, RELATING TO THE PRESTWOOD LAKE WILDLIFE REFUGE BOARD IN DARLINGTON COUNTY; ARTICLE 9, RELATING TO LAKE LANIER IN GREENVILLE COUNTY; ARTICLE 13, RELATING TO THE HORRY COUNTY FISH AND GAME COMMISSION; ARTICLE 17, RELATING TO RECOMMENDATIONS OF THE LEE COUNTY LEGISLATIVE DELEGATION AS TO CLOSED SEASONS FOR FISH AND GAME; ARTICLE 19, RELATING TO THE FISH AND GAME COMMISSION OF MARION COUNTY; ARTICLE 25, RELATING TO HUNTING CROWS IN YORK COUNTY; ARTICLE 45, RELATING TO GIGGING FOR FISH IN SALTWATER IN GAME ZONE 6; AND ARTICLE 49, RELATING TO FISHING IN FAIRFOREST CREEK IN UNION AND SPARTANBURG COUNTIES; SECTION 50-19-310, RELATING TO FISHING ON THE CAUSEWAY CROSSING BELLE ISLE LAKE IN GEORGETOWN COUNTY, SECTIONS 50-19-1710, 50-19-1720, AND 50-19-1730, RELATING TO THE CATAWBA-WATEREE FISH AND GAME COMMISSION; SECTIONS 50-19-1910, 50-19-1920, 50-19-1925, AND 50-19-1930, RELATING TO FISHING IN LAKES MARION AND MOULTRIE, THE DIVERSION AND TAIL CANALS, AND CERTAIN PORTIONS OF THE CONGAREE AND WATEREE RIVERS; SECTION 50-19-2220, RELATING TO FISHING REGULATIONS FOR CERTAIN WATERS OF THE SAVANNAH RIVER; SECTION 50-19-2310, RELATING TO OPEN AND CLOSED SEASONS ON STRIPED BASS IN LAKE GREENWOOD AND BOYD'S MILL; SECTION 50-19-2330, RELATING TO THE REMOVAL AND CONTROL OF NONGAME FISH IN LAKE GREENWOOD; SECTION 50-19-2400, RELATING TO BANK FISHING ON LAKE GREENWOOD; SECTION 50-19-2520, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO AMEND REGULATIONS WITH APPROVAL OF THE LEGISLATIVE DELEGATIONS OF OCONEE AND PICKENS COUNTIES; SECTION 50-19-2530, RELATING TO PENALTIES FOR VIOLATION OF FISHING REGULATIONS PROMULGATED FOR KEOWEE-TOXAWAY LAKES IN OCONEE AND PICKENS COUNTIES; AND SECTIONS 50-19-2620 AND 50-19-2630, RELATING TO FISHING REGULATIONS AND AMENDMENTS TO THEM FOR HARTWELL RESERVOIR.

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

SECTION 1. Article 3, Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-305. The following species constitute big game animals: deer, turkey, and bear."

SECTION 2. Article 3, Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-330. It is unlawful to hunt deer within three hundred yards of a residence without permission of the owner or occupant. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. The provisions of this section do not apply to a landowner or his guests hunting on his own land."

SECTION 3. Article 3, Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-505. In Game Zone 4, landowners of ten thousand acres or more may choose a wild turkey season which begins on the day before Thanksgiving to March 15 of each year. If they elect the option of the season, then hunting on such lands during that time is lawful upon filing notarized statement of the election with the department at least ten days before the opening of the elected season. However, the elected season is in lieu of the season established by the department or otherwise set by law."

SECTION 4. Article 3, Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-515. In all game zones, the department must prescribe the methods and bag limits for hunting and taking of turkeys and, after special studies, may designate the sex of turkeys that may be taken and may prescribe other regulations necessary and expedient for the proper control and harvesting of turkey."

SECTION 5. Article 3, Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-600. (A) The open season for taking bear is in Game Zone 1, as set by the department, between October 1 and Thanksgiving Day inclusive. In all other game zones, there is no open season for taking bear.

(B) The department must set the bag limits and the methods for hunting and taking of bear in the game zone where it is lawful to hunt and take bear.

(C) It is unlawful to:

(1) hunt, take, or attempt to take bear except during the open season set by the department;

(2) hunt, take, or attempt to take bear by any method except as allowed by the department;

(3) exceed the bag limits for bear as set by the department;

(4) possess or transport freshly killed bear or bear part except during the open season for hunting and taking bear;

(5) possess captive bear except pursuant to permit issued by the department;

(6) buy, sell, offer for sale, or possess for sale any bear or bear parts.

(D) Each of the above acts described in subsection (B) is a violation of this section and is a separate offense.

(E) A person violating the provisions of this section is guilty of misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than two years, or both. The hunting and fishing privileges of a person convicted under the provisions of this section must be suspended for three years. Equipment used or intended for use in violation of this section is contraband and must be forfeited to the department. In addition, the court may order restitution be paid to the department of not less than one thousand five hundred dollars for each bear or bear part which is the subject of violation of this section."

SECTION 6. Article 3, Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-605. (A) It is unlawful to:

(1) use any type foodstuffs to bait or attract bear;

(2) hunt, take bear over bait, or by aid or the use of bait.

(B) A person violating the provisions of this section is guilty of misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than one year, or both. In addition, the hunting and fishing provisions of a person so convicted must be suspended for two years, and the court must order restitution paid to the department of not less than one thousand five hundred dollars for each bear or bear part which is the subject of violation of this section."

SECTION 7. Article 4, Chapter 17, Title 50 of the 1976 Code is amended by adding:

"Section 50-17-445. (A) It is unlawful to catch fish on the Combahee River from the saltwater dividing line seaward using traps, trotlines, or nets.

(B) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than one hundred dollars, or imprisoned not more than thirty days."

SECTION 8. Section 50-1-60 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-1-60. The State is divided for the purpose of game into eleven four zones:

(1) The first zone shall comprise comprises the counties of Anderson, Greenville, Oconee, and Pickens;

(2) The second zone shall comprise comprises the counties of Abbeville, Anderson Cherokee, Chester, Edgefield, Fairfield, Greenwood, Lancaster, Laurens, McCormick, Newberry, and Saluda, Spartanburg, Union, and York;

(3) The third zone shall comprise comprises the counties of Aiken, Calhoun, Lexington and Richland Chesterfield, Clarendon, Darlington, Dillon, Florence, Georgetown, Horry, Kershaw, Lee, Marion, Marlboro, Sumter, and Williamsburg;

(4) The fourth zone shall comprise comprises the counties of Cherokee, Chester, Fairfield, Lancaster, Spartanburg, Union and York Aiken, Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Calhoun, Charleston, Colleton, Dorchester, Hampton, Jasper, Lexington, Orangeburg, and Richland;

(5) The fifth zone shall comprise the counties of Chesterfield, Kershaw and Marlboro;

(6) The sixth zone shall comprise the counties of Berkeley, Charleston, Dorchester and Orangeburg;

(7) The seventh zone shall comprise the counties of Dillon and Horry;

(8) The eighth zone shall comprise the counties of Darlington, Lee and Sumter;

(9) The ninth zone shall comprise the counties of Clarendon, Georgetown and Williamsburg;

(10) The tenth zone shall comprise the counties of Florence and Marion;

(11) The eleventh zone shall comprise the counties of Allendale, Barnwell, Bamberg, Beaufort, Colleton, Hampton and Jasper."

SECTION 9. Section 50-11-110 of the 1976 Code is amended to read:

"Section 50-11-110. The following species constitute small game animals: raccoon, opossum, rabbit, squirrel, fox, quail, bobcat, beaver, mink, muskrat, skunk, otter, grouse, coyote, and weasel."

SECTION 10. Section 50-11-120 of the 1976 Code, as last amended by Act 64 of 1995, is further amended to read:

"Section 50-11-120. (A) Except as specified in this section the season for hunting small game is Thanksgiving Day through March first. However, there is no open season on grouse except in Game Zone 1.

(1) Game Zone 1:

(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;

(b) squirrel: October first through March first with weapons and dogs;

(c) fox: year round but no weapons may be used January March second through August fifteenth the day before Thanksgiving Day;

(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only;

(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; March second to the day before Thanksgiving, with dogs only, and no quail may be taken during this time;

(f) grouse: Thanksgiving Day through March first;

(g) coyote: year round;

(2) Game Zone 2:

(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;

(b) squirrel: October first through March first with weapons and dogs;

(c) fox: year round but no weapons may be used January March second through August fifteenth the day before Thanksgiving Day;

(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only;

(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; March second to the day before Thanksgiving Day, with dogs only, and no quail may be taken during this time;

(f) coyote: year round;

(3) Game Zone 3:

(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;

(b) squirrel: October first through March first with weapons and dogs;

(c) fox: year round but no weapons may be used January March second through August fifteenth the day before Thanksgiving Day;

(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;

(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; March second to the day before Thanksgiving Day, with dogs only, and no quail may be taken during this time;

(f) coyote: year round;

(4) Game Zone 4:

(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;

(b) squirrel: October first through March first with dogs and weapons;

(c) fox: year round but no weapons may be used February fifteenth March second through August fifteenth the day before Thanksgiving Day;

(d) raccoon and opossum: October September fifteenth through March first fifteenth with weapons and dogs; August fifteenth through October September fourteenth and March second sixteenth through May fourteenth without weapons and with dogs only;

(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons; March second to the day before Thanksgiving Day, with dogs only, and no quail may be taken during this time;

(f) coyote: year round.

(5) Game Zone 5:

(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;

(b) squirrel: October first through March first with weapons and dogs;

(c) fox: year round but no weapons may be used January second through August fifteenth;

(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;

(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;

(6) Game Zone 6:

(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;

(b) squirrel: October first through March first with dogs and weapons;

(c) fox: year round but no weapons may be used January second through August fifteenth. There is no closed season for the running of foxes with dogs for the purpose of training the dogs in a private enclosed fox-hunting-dog-training facility;

(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;

(e) quail: Monday before Thanksgiving Day through the first Saturday in March with weapons; October first through the Sunday before Thanksgiving Day without weapons;

(7) Game Zone 7:

(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;

(b) squirrel: October first through March first with dogs and weapons;

(c) fox: year round but no weapons may be used January second through August fifteenth;

(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;

(e) mink: September fifteenth through March first;

(f) muskrat: September fifteenth through March first;

(g) otter: September fifteenth through March first;

(h) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;

(8) Game Zone 8:

(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;

(b) squirrel: October first through March first with weapons and dogs;

(c) fox: year round but no weapons may be used January second through August fifteenth;

(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;

(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;

(9) Game Zone 9:

(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;

(b) squirrel: October first through March first with weapons and dogs;

(c) quail: Thanksgiving Day through the first Saturday in March;

(d) fox: year round without weapons; with weapons September first through January first;

(e) raccoon and opossum: September first through October fourteenth; March second through March thirty-first without weapons and with dogs only; October fifteenth through March first with weapons and dogs. All hunting of raccoon and opossum in Game Zone 9 must be at night. Night as used in this section is that time between official sunset one day and official sunrise the following day;

(f) mink: November first through March first;

(g) muskrat: November first through March first;

(h) otter: November first through March first;

(i) skunk: November first through March first;

(j) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;

(10) Game Zone 10:

(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;

(b) squirrel: October first through March first with weapons and dogs;

(c) fox: year round but without weapons January second through August fifteenth;

(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;

(e) mink: September fifteenth through March first;

(f) muskrat: September fifteenth through March first;

(g) otter: September fifteenth through March first;

(h) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;

(11) Game Zone 11:

(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;

(b) squirrel: October first through March first with weapons and dogs;

(c) fox: year round but without weapons January second through August fifteenth;

(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only.

(e) quail: Monday before Thanksgiving Day through March first with weapons; October first through the Sunday before Thanksgiving Day without weapons;

(B) In all game zones it is lawful to run rabbits with dogs at any time during the year in enclosures approved by the department. Except as otherwise provided, raccoon, opossum, fox, mink, skunk, bobcat, and coyote may be hunted and taken at night.

(C) The season dates in this section are inclusive, except as otherwise provided. It is unlawful to hunt a game animal except during the seasons provided and as specified in this section. Unless otherwise specified during a small game season when weapons are allowed, dogs also may be used.

(D) As used in this section in defining the small game seasons where night hunting is authorized a species may be lawfully hunted at night, `night' means the time between one one-half hour after official sundown sunset of a day and one one-half hour before official sunrise the following day.

(E) It is unlawful to hunt and take small game except during the seasons as specified in this section. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days."

SECTION 11. Section 50-11-150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-150. (A) For purposes of this section `day' means the time between one-half hour before official sunrise one day and one-half hour before official sunrise the following day. Night means the time between official sunset one day and official sunrise the following day. Where bag limits are specified on `a night' basis, and there is a day season specified in Section 50-11-120, there is no limit on game taken during daylight hours. It is unlawful to exceed the small game bag limits as follows:

(1) Game Zone 1:

(a) quail: ten twelve a day;

(b) grouse: three a day;

(c) rabbit: five a day;

(d) squirrel: ten a day;

(e) fox: no limit;

(f) raccoon: three a party a night day;

(g) opossum: three a party a night;

(2) Game Zone 2:

(a) quail: ten twelve a day;

(b) rabbit: five a day;

(c) squirrel: ten a day;

(d) fox: no limit;

(e) raccoon: three a party a night day;

(f) opossum: three a party a night;

(3) Game Zone 3:

(a) quail: fifteen twelve a day;

(b) rabbit: five a day;

(c) squirrel: ten a day;

(d) fox: no limit;

(e) raccoon: no limit three a party a day;

(f) opossum: no limit;

(4) Game Zone 4:

(a) quail: fifteen twelve a day;

(b) rabbit: five a day;

(c) squirrel: ten a day;

(d) fox: no limit;

(e) raccoon: three a party a night day;

(f) opossum: three a party a night;.

(B) In all game zones there is not limit on all other furbearers.

(5) Game Zone 5:

(a) quail: ten a day;

(b) rabbit: five a day;

(c) squirrel: ten a day;

(d) fox: no limit;

(e) raccoon: three a party a night;

(f) opossum: no limit;

(6) Game Zone 6:

(a) quail: fifteen a day;

(b) rabbit: five a day;

(c) squirrel: ten a day;

(d) fox: no limit;

(e) raccoon: no limit;

(f) opossum: no limit;

(7) Game Zone 7:

(a) quail: ten a day;

(b) rabbit: five a day;

(c) squirrel: ten a day;

(d) fox: no limit;

(e) raccoon: no limit;

(f) opossum: no limit;

(8) Game Zone 8:

(a) quail: twelve a day;

(b) rabbit: five a day;

(c) squirrel: ten a day;

(d) fox: no limit;

(e) raccoon: three a party a night;

(f) opossum: no limit;

(9) Game Zone 9:

(a) quail: fifteen a day;

(b) rabbit: five a day;

(c) squirrel: ten a day;

(d) fox: no limit;

(e) raccoon: two a party a night;

(f) opossum: no limit;

(10) Game Zone 10:

(a) quail: ten a day;

(b) rabbit: five a day;

(c) squirrel: ten a day;

(d) fox: no limit;

(e) raccoon: three a night;

(f) opossum: no limit;

(11) Game Zone 11:

(a) quail: fifteen a day;

(b) rabbit: five a day;

(c) squirrel: ten a day;

(d) fox: no limit;

(e) raccoon: no limit;

(f) opossum: no limit."

SECTION 12. Section 50-11-170 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-170. It is unlawful to buy, sell, or display for sale the carcasses of parts of wild rabbits in Game Zone 2. Any A person who buys, sells, or displays for sale in Game Zones 2 and 4 the carcasses of wild rabbits or parts of wild rabbits violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days."

SECTION 13. Section 50-11-180 of the 1976 Code, as last amended by Act 311 of 1994, is further amended to read:

"Section 50-11-180. The trapping or snaring of quail is prohibited except as permitted by the department for scientific or propagation purposes. Requests for quail trapping permits must be accompanied by proof of property ownership or lease-hold interest for the property upon which the quail traps are to be operated, a county or highway map designating the location of the property, and an aerial photo, a tax map, or a plan designating property boundaries. The department may deny or revoke a permit in its discretion. It is unlawful to trap quail, except as permitted by the department."

SECTION 14. Section 50-11-310 of the 1976 Code, as last amended by Act 375 of 1994, is further amended to read:

"Section 50-11-310. (A) The open season for taking antlered deer is in:

(1) Game Zones 1, and 2, and 4: as set by the department between October first and January first inclusive. The department may designate the sex of the deer that may be taken and may promulgate regulations for the proper control of the deer harvest in these game zones; In these games zones, the department must establish the methods for hunting and taking of deer and other restrictions for the proper control of the deer harvest in these game zones;

(2) Game Zones 5 and 7 Zone 3: August fifteenth through August thirty-first with bow and arrow only; September first through January first and with archery equipment and firearms September fifteenth through January first;

(3) Game Zones 8 and 9 Zone 4: August fifteenth to August thirty-first with bow and arrow only and September first through January first with archery equipment and firearms. Antlerless deer may be taken December fifteenth through January first with bow and arrow only;

(4) Game Zone 10 : September first through January first with bow and arrow only and with firearms September fifteenth through January first.

(B) Except as provided in subsection (A), during the season for taking antlered deer, is August fifteenth through January first it is unlawful to pursue deer with dogs.

(C) It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer hunt or take antlered deer except during the open season by the method prescribed. A person convicted of hunting or taking antlered deer during the closed season or by some other method than that which is prescribed is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days. No part of the fine may be suspended."

SECTION 15. Section 50-11-335 of the 1976 Code, as last amended by Act 348 of 1994, is further amended to read:

"Section 50-11-335. (A) The bag limit on antlered deer is as follows in:

(1) Game Zones 1, and 2, and 4: as set by the department;

(2) Game Zones 7, 8, 3 and 4 10: five a season no limit.

(B) For game zones not provided for in subsection (A), there is no day or season limit on antlered deer."

SECTION 16. Section 50-11-350 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-350. Any A person taking, attempting to take, or having in his possession possessing a deer illegally or taking, attempting to take, or killing deer in any way prohibited by the department in Game Zone 1, 2, or 4 and on wildlife management area lands throughout the State is guilty of a misdemeanor and, upon conviction, must be fined not more than two five hundred dollars or imprisoned for not more than thirty days."

SECTION 17. Section 50-11-380 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-380. (A) In Game Zone 1 it is unlawful only, except during the season when the for hunting and taking of deer and bear, it is lawful, unlawful for any a person engaged in the hunting of any game whatsoever to have in his possession any ammunition loaded with to possess buckshot or larger shot or, while so engaged, to have in his possession to possess a rifle, the of a caliber of which is greater than a caliber twenty-two, rimfire, or any rifle ammunition of a greater caliber greater than twenty-two while hunting.

(B) Any A person convicted of violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days or fined not more than two hundred dollars."

SECTION 18. Section 50-11-390 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-390. (A) In Game Zones 1, 2, and 4 the department may declare open seasons and set bag limits and methods of hunting and taking antlerless deer provided in Sections 50-11-120 and 50-11-410.

In all other game zones the department may declare open seasons, set bag limits and methods of hunting and taking antlerless deer, and issue antlerless deer quota permits of fifty dollars each to landowners or lessees for the hunting and taking of antlerless deer. Derived revenue must be used to administer the permits and conduct deer research and management statewide.

(B) The department may declare an open season for taking antlerless deer only between October first and January first. Antlerless deer taken pursuant to a quota permit must be tagged with a valid antlerless deer tag and reported. The tag must be attached permanently to the lower jaw of the deer immediately after it is taken and before it is transported.

(C) A person violating this section is guilty of a misdemeanor and, upon conviction, must be punished as in Section 50-11-410.

(D) The department may close the season and suspend or revoke a quota permit when environmental conditions or other factors warrant.

(A) `Antlerless deer' means a female (doe) deer or a male (buck) deer not exhibiting two inch antlers visible above the natural hairline, or a male (buck) deer that has shed, broken, or otherwise lost his antlers.

(B) The open season for taking antlerless deer is in:

(1) Game Zones 1 and 2 as set by the department between October 1 and January 1 inclusive. The department may set bag limits and methods for the hunting and taking of antlerless deer in these games zones and other restrictions for the proper control of the deer harvest in these game zones;

(2) Game Zones 3 and 4, the department may set open seasons between October 1 and January 1 inclusive and may set bag limits and methods of hunting and taking antlerless deer and other restrictions for the proper control of the deer harvest in these game zones.

(B) In Game Zones 1 and 2, the department may issue individual tags for taking antlerless deer at a cost of five dollars each. These tags are valid in Game Zones 1 and 2 only, and must be possessed and used only by the individuals to whom they are issued. Revenue generated from the sale of individual tags must be used to administer the program and for deer management and research. Twenty percent of the revenue must be used for law enforcement.

(C) In Games Zones 3 and 4, the department may issue antlerless deer quota permits to landowners or lessees for a particular tract of land at a cost of fifty dollars for each permit.

(D) Antlerless deer taken pursuant to quota permits or individual permits must be tagged with a valid antlerless deer tag and reported to the department. A tag must be attached to the deer as prescribed by the department immediately after it is taken and before it is transported. This applies even on designated either sex days for quota permittees.

(E) Derived revenue must be used to administer the permits and conduct deer research and management statewide.

(F) It is unlawful to hunt or take, possess, or transport antlerless deer, except as permitted by this section. A person violating the provisions of this section or the provisions for taking antlerless deer established by the department is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days.

(G) The department may close any antlerless deer season or suspend or revoke a permit when environmental conditions or other factors warrant."

SECTION 19. Section 50-11-410 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-410. For purposes of this chapter, antlerless deer means a female (doe) deer, a male (buck) deer not exhibiting two inch antlers visible above the natural hairline, or a male (buck) deer that has shed, broken, or otherwise lost its antlers. In South Carolina, it is unlawful to hunt, kill, take, or possess any antlerless deer on any property unless an open season has been declared on that property or an antlerless deer quota permit has been issued for the legal harvest of antlerless deer on that specific property. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days. It is unlawful to possess freshly killed venison or a fresh deer skin or deer parts during the closed season for hunting deer. A person found in violation 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 not more than thirty days."

SECTION 20. Section 50-11-500 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

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

(2) It is unlawful for any person to trap or snare any wild turkey or to hunt or shoot a wild turkey at any time from any natural or artificial blind or hiding place when the turkey is lured by bait. This does not apply to mechanical feeders when used in a planned conservation and management program approved by the department.

(3) It is unlawful for any person to hunt, kill, or possess female wild turkeys unlawfully killed at any time unless the department sets special open seasons for their taking under the provisions of Sections 50-11-520, 50-11-530, and 50-11-540.

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

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

(6) It is unlawful for any person to buy, sell, offer for sale, barter or have in possession for sale any pen-raised wild turkeys or domestic turkeys for purposes of release in the wild. The department may authorize pen-raised wild turkeys to be released under permit on licensed privately owned shooting preserves if the wild turkeys are designated as legal shooting preserve game by the department, if they have been examined for parasites or disease, and the release approved by the department not less than thirty days before the date of their release. The taking of wild turkey on licensed shooting preserves is governed by Article 7 of this chapter.

(7) It is unlawful for any person to sell or give away pen-raised wild turkeys which are authorized to be released on licensed shooting preserves without the written consent of the department.

(8) It is unlawful for any person to shoot any wild turkey on its roost between thirty minutes after official sunset and thirty minutes before official sunrise.

(9) It is unlawful for any person to possess pen-raised wild turkeys without a possession permit issued by the department.

(10) A person who hunts or attempts to hunt a wild turkey is required to have in his possession a set of wild turkey transportation tags issued by the department or its designated agent at no cost. A wild turkey killed must be tagged before being transported from the point of kill. All bagged wild turkeys must be checked at a designated wild turkey check station. The daily bag limit for wild turkeys is two a day, not to exceed five during any one license year, and no person may take more than two wild turkeys during an open fall season. No hunter may possess more than one set of turkey tags. A set consists of five tags.

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

(12) It is unlawful for a person to take or attempt to take a wild turkey with a rifle.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days except, upon conviction, any person unlawfully buying, selling, offering for sale, bartering, or having in possession any wild turkey or wild turkey eggs must be fined twenty-five dollars for each wild turkey or egg bought, sold, offered for sale, bartered, or possessed for sale or unlawfully possessed. Each day's violation constitutes a separate offense.

(A) The season for hunting and taking male wild turkeys (gobblers) is in:

(1) Game Zones 1 and 2 as set by the department;

(2) Game Zone 3, the department may make special studies in areas which have been restocked with wild turkeys and may set a season between April first and May first, inclusive, in specific areas of the zones in which turkeys have become numerous enough to be harvested;

(3) Games Zone 4, the department may make special studies in areas which have been restocked with wild turkeys and may set a season between March fifteenth and May first, inclusive, in specific areas of the zones in which turkeys have become numerous enough to be harvested.

(B) In all game zones the department must prescribe the methods and bag limits for hunting and taking of turkeys and after special studies may designate the sex of turkeys that may be taken and promulgate other regulations necessary and expedient for the proper control and harvesting of turkey."

SECTION 21. Section 50-11-510 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-510. It is unlawful for a person to hunt or take or attempt to hunt or take a wild turkey by means of, or aid or use of, bait or baiting or on or over any baited area.

As used in this section, "bait" or "baiting' means the placing, "depositing, exposing, distributing, or scattering of salt, shelled, shucked, or unshucked corn, wheat, or other grain, or other foodstuffs to constitute for wild turkeys a lure, attraction, or enticement to, on, or over any areas where hunters are attempting to take them, and "baited area" means an area where salt, shelled, shucked, or unshucked corn, wheat, or other grain, or other foodstuffs capable of luring, attracting, or enticing wild turkeys is directly or indirectly placed, exposed, deposited, distributed, or scattered, and the area remains a baited area for ten days following complete removal of all bait. (A) It is unlawful to hunt or take or attempt to take wild turkey:

(1) by means of or with the aid of the use of bait or baiting; or

(2) on or over any baited area.

(B) As used in this section:

(1) `Bait' or `baiting' means placing, depositing, exposing, distributing, or scattering of salt, shelled, shucked or unshucked corn, wheat, or other grain or other foodstuffs to constitute a lure, attraction, or enticement for wild turkeys to or on any area.

(2) `Baited area' means an area where salt, shelled, shucked or unshucked corn, wheat, or other grain, or other foodstuffs capable of luring, attracting, or enticing wild turkeys is directly or indirectly placed, exposed, deposited, distributed, or scattered and the area remains a baited area for ten days following the complete removal of all bait."

SECTION 22. Section 50-11-520 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-520. The department may make special studies in all game zones of this State which have been restocked with wild turkeys and, after such studies the department may declare open or closed seasons of such duration as it considers advisable for the taking of turkeys in areas concerned. However, in Game Zones 6 and 11, the open and closed seasons for the taking of wild turkey are as provided in Section 50-11-560 except in those areas under restocking agreements with the department. It is unlawful for a person to hunt, take, or attempt to take a turkey except as permitted by the department or allowed in this article. A person violating any provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. In addition, any equipment, including vehicles, boats, weapons, used in hunting or taking turkeys in violation of this article, is contraband and any animal taken in violation of this article must be seized and forfeited to the State."

SECTION 23. Section 50-11-530 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-530. The department may, at its discretion, prescribe methods by which turkeys may be taken in each game zone and may fix the specific areas of the zones in which turkeys have become numerous enough to be harvested. The department may designate the sex of the turkeys that may be taken and may prescribe any other regulations considered necessary and expedient for the proper control of the harvesting of turkeys in the zones. The bag limit for turkeys in Game Zones 6 and 11 is not more than two male turkeys a day and not more than five male turkeys a season.

(A) It is unlawful for a person to:

(1) rob a wild turkey nest or possess, sell, or otherwise dispose of wild turkey eggs unless authorized by permit issued by the department;

(2) trap wild turkey unless authorized by permit issued by the department;

(3) take or possess a female wild turkey unless the department sets special open seasons for taking.

(4) release any pen-raised wild turkey unless authorized by the department. The department shall not authorize the release of pen-raised wild turkeys unless the pen-raised turkeys have been examined for parasites or disease and after a thorough study of the area has been made.

(5) buy, sell, offer for sale, barter, or possess for sale wild turkeys.

(6) buy, sell, offer for sale, barter, or possess for sale pen-raised wild turkeys unless permitted by the department.

(7) shoot a wild turkey on its roost between thirty minutes after official sunset and thirty minutes before official sunrise.

(8) take or attempt to take a wild turkey from vehicle on a public road.

(9) take or attempt to take a wild turkey with a rifle.

(B) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days."

SECTION 24. Section 50-11-540 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-540. Any person taking, attempting to take, or having in his possession turkey illegally or taking, attempting to take, or killing turkey in any way not prescribed by the department is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for not more than thirty days. Every vehicle, boat, animal, firearm, or other equipment used in hunting turkeys in violation of Sections 50-11-520 and 50-11-530 or in the possession of persons convicted of violations at the time of the violations is forfeited to the State and may be confiscated by any peace officer who shall deliver the items to the department.

For purposes of this section, a conviction for unlawfully hunting turkeys is conclusive as against any convicted owner of the above mentioned property.

In all other instances forfeiture is accomplished by the initiation by the State of an action in the circuit court in the county in which the property was seized giving notice to owners of record and lienholders of record or other persons having claimed an interest in the property subject to forfeiture and an opportunity to appear and show, if they can, why the property should not be forfeited and disposed of as provided for by this section. Failure of any person claiming an interest in the property to appear at the above proceeding after having been given notice of the proceeding constitutes a waiver of his claim and the property is forfeited immediately to the State.

Notice of the above proceedings is accomplished by: (a) personal service of the owner of record or lienholder of record by certified copy of the petition or notice of hearing or (b) in the case of property for which there is no owner or lienholder of record, publication of notice in a newspaper of local circulation in the county where the property was seized for at least two successive weeks before the hearing.

Property constituted forfeited property by this section must be sold under the same procedure prescribed in Section 50-11-740. A person who hunts wild turkey is required to possess a set of wild turkey transportation tags issued by the department at no cost. All turkeys taken must be tagged before transported from the point of kill. All bagged wild turkeys must be checked at a designated check station on the day of take. A person may not obtain more than one set of turkey tags or possess more than one set of turkey tags. A person violating any provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days."

SECTION 25. Section 50-11-550 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-550. It is unlawful between the dates of February sixteenth and Thanksgiving Day for any person to discharge any weapon, other than a shotgun, within one-fourth of a mile of the backwaters of the Catawba River and its tributaries up to the point and including all waters impounded by the India Hook Dam.

(A) A person exceeding the daily bag limit for turkeys is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days.

(B) A person exceeding the seasonal bag limit for wild turkey is guilty of a misdemeanor and, upon conviction, must be fined up to one thousand dollars or imprisoned for ninety days, or both. In addition, a person exceeding the bag limit for turkeys is required to make restitution to the department in the amount of five hundred dollars for each bird taken over the limit."

SECTION 26. Section 50-11-700 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-700. The use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful after 11:00 p.m.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

(A) It is unlawful to use artificial lights for the purpose of observing or harassing wildlife in Game Zones 1, 2, and 3. However, this section does not prohibit an owner of real property or person with a legal interest in it from using artificial lights for the purpose of surveying or protecting his property.

(B) Nothing in this section may be construed to prohibit the lawful hunting of those species which may be lawfully hunted at night.

(C) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days."

SECTION 27. Section 50-11-705 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-705. In Game Zone No. 2 the use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful.

Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

Nothing in this section may be construed to prohibit the lawful hunting of raccoon and fox. (A) In Game Zone 4 it is unlawful to use artificial lights for the purpose of observing or harassing wildlife after 11:00 PM. However, this section does not prohibit an owner of real property or person with a legal interest in it from using artificial lights for the purpose of surveying or protecting his property. (B) Nothing in this section may be construed to prohibit the lawful hunting of those species which may be lawfully hunted at night.

(C) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days."

SECTION 28. Section 50-11-2110 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-2110. In Game Zone 9 3 field trials may be conducted from January first through January fifteenth of each year. If a permit is required to sponsor the field trial, the permit must be issued by the department Upon written request by the organized sponsoring association's designated officer, the department may issue a permit."

SECTION 29. Section 50-11-2410 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-2410. (A) It is unlawful for any a person to sell, make, or use a foot-hold trap or any like device within this State. This prohibition does not apply to foot-hold traps of a size number three or smaller made, sold, or used by the owner, leaseholder, or owner's employee for the protection of property when the devices are set within two hundred yards of the person's residence or within twenty-five yards of any a poultry house, nor does this section apply to merchants who have such traps for sale outside this State.

(B) The use of body gripping traps of the Conibear type may be used without bait or scents for vertical water sets and vertical slide sets only.

(C) It is lawful to use foot-hold traps of a size number two or smaller for land sets and a size number three or smaller for water sets in all game zones 1, 2, 3, 4, 6, 7, 10, and 11 inclusive. The use of foot-hold traps in Game Zones 5, 8, and 9 may be allowed with the approval of the majority of the legislative delegation for the game zone involved. The legislative delegations for any game zone may elect to restrict the use of the foot-hold trap and the Conibear trap, except when it is used as permitted in the preceding paragraph, by a majority vote. A petition signed by the members allows or prohibits the use of foot-hold traps. The petition must be forwarded to the department. The initiative for the petition must originate with the members of the delegations for the respective game zone. The approval or repeal remains in effect for no less than one year."

SECTION 30. Section 50-13-650 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-13-650. In Game Zone 3 4 it shall be is unlawful to use nets or seines for catching shad in the Savannah River from the New Savannah Bluff Lock and Dam to a point where Spirit Creek empties into the Savannah River."

SECTION 31. Section 50-13-730 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-13-730. (A) Notwithstanding any other provision of law, the department is authorized to promulgate rules and regulations establishing set the open season for the taking of nongame fish with nets in the freshwaters of in the counties in Game Zone No. 9 3. Any such rules and regulations promulgated The department shall specify those waters in which nongame fish may be taken with nets, which species may be taken, the open season for such taking, any special schedules and any necessary restrictions including specifications as to what types type and mesh size nets shall be are permissible. Provided, However, that no rule or regulation promulgated hereunder or any change therein later issued by the department shall be effective in any county in Game Zone No. 9 or in the freshwaters therein unless obtain the approval of a majority of the resident legislative delegation of that any county approves such rule or regulation or change therein affected by this subsection.

In promulgating the rules and regulations authorized by this section, the department shall not change or alter in any way the seasons, schedules or restrictions established by law for the taking of shad from any of the waters in Game Zone No. 9.

(B) Any open season established by the department under the authority of this section relating to the open season for the taking of herring shall must be from February twentieth to March thirty-first of each year, inclusive; and no nets shall be are allowed for the taking of herring with a mesh size of less than three-inch square.

(C) No Herring may not be taken by gill net in the Santee River or any of its tributaries upstream from S. C. Highway 41."

SECTION 32. Section 50-13-805 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-13-805. Notwithstanding any other provision of law, gill nets of a size no smaller than three inches stretch mesh may be used in Game Zone No. 10 3 on the main stream of the Big Great Pee Dee River and its tributaries, including Muddy Creek, from the confluence of Muddy Creek upstream to the crossing of the Great Pee Dee River by U. S. Interstate Highway 95, from February fifteenth to April fifteenth, inclusive, from Wednesday, sunrise and ending Saturday, sundown sunset, for the catching of herring."

SECTION 33. Section 50-13-990 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-13-990. (A) It shall be is unlawful to ride a surfboard within one hundred yards of any fishing pier in Game Zone No. 7 and Georgetown County 3.

(B) Anyone A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or imprisoned for not more than thirty days."

SECTION 34. Section 50-17-385 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-17-385. (A) It is unlawful to commercially harvest shellfish in Game Zone 9 3 between Butler Inlet (Pawley's Inlet) and Midway Inlet in Georgetown County.

(B) Any 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 not more than thirty days."

SECTION 35. Section 50-17-421 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-17-421. It is unlawful to use set or channel nets in Game Zones 6 and 11 Zone 4 except in such those areas at times and in such seasons as it is lawful to trawl for shrimp in those zones that zone.

In Game Zones 7 and 9, it is unlawful to use set or channel nets except in those areas designated for that purpose by the department and during the seasons when it is lawful to trawl for shrimp in the areas specified in Section 50-17-615.

No set or channel net may be used in any of the waters of this State after November fifteenth of any year.

The department may extend the open season for set and channel nets by no more than thirty days in any year if the action is consistent with sound fisheries management.

It is unlawful to transport a set or channel net aboard a boat during the closed periods."

SECTION 36. Section 50-17-425 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-17-425. Notwithstanding the provisions of Section 50-17-420, it is lawful to catch fish in the saltwaters of the Atlantic Ocean in Game Zone 7 with a haul seine (beach seine) having a mesh of no less than two inches stretched (one inch square mesh).

(A) In Game Zone 3, it is unlawful to use set or channel nets except in those areas designated for that purpose by the department and during the seasons when it is lawful to trawl for shrimp in the areas specified in Section 50-17-615.

(B) A set or channel net may not be used in any of the waters of this State after November fifteenth of any year.

(C) The department may extend the open season for set and channel nets by no more than thirty days in any year if the action is consistent with sound fisheries management. It is unlawful to transport a set or channel net aboard a boat during the closed periods."

SECTION 37. Section 50-17-681 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-17-681. (A) It is unlawful for any a fisherman to dump refuse from any type net at any time in the Atlantic Ocean from the southern tip of Pawley's Island in Georgetown County to the North Carolina state line within one mile from shore of any county in Game Zones 7 and 9 Zone 3.

(B) Any A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of fined not more than five thousand dollars nor less than one thousand dollars or by imprisonment for not exceeding imprisoned not more than six months nor less than thirty days."

SECTION 38. Section 50-17-813 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-17-813. It is lawful to set nets for the catching of shad in Game Zones 5 and 8 from Wednesday noon until one hour after official sundown on Sunday during the open season. Notwithstanding the provisions of Section 50-13-530 in Game Zones 5 and 8 seines, nets, and other plans or devices may be used on Saturdays and Sundays in the muddy streams, creeks, and inland waters of the zone. It is lawful to set nets for the catching of shad on Lynches River upstream of the confluence of Sparrow Swamp and on Great Pee Dee River upstream of the confluence of Black Creek from Wednesday noon until one hour after official sunset on Sunday during the open season. Notwithstanding the provisions of Section 50-13-530 in these waters seines, nets, and other plans or devices may be used on Saturdays and Sundays in the muddy streams, creeks, and inland waters of the zone."

SECTION 39. Section 50-17-816 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-17-816. In Game Zone 10 it is unlawful to catch shad or set any seine or net or other device for the taking of shad from twelve noon on Sunday until twelve noon on the Tuesday following during the open season, except with skimbow nets for noncommercial purposes on the Black or Great Pee Dee Rivers within such game zones. On Great Pee Dee River upstream of the confluence of Lynches River to the confluence of Black Creek and on Lynches River from its confluence with Great Pee Dee River upstream to the confluence with Sparrow Swamp it is unlawful to catch shad or set any seine or net or other device for the taking of shad from twelve noon on Sunday until twelve noon on the Tuesday following during the open season, except with skimbow nets for noncommercial purposes."

SECTION 40. Section 50-17-870 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-17-870. It is lawful to use gill nets having a mesh size no smaller than two and one-half inches and no greater than three inches, stretched mesh, for the taking of herring from February fifteenth through April fifteenth on Wednesday, Thursday, Friday, and Saturday only during any week of the open season in the following areas:

(1) on the Great Pee Dee, Old River around Bird Island, and Louders Lake in Darlington County and the Lynches River in Florence County;

(2) on the Sampit, Waccamaw, and Black Rivers in Game Zone 9;

(3) on the Waccamaw River downstream of the confluence of Bull Creek;

(4) in Williamsburg County."

SECTION 41. Section 50-17-1020 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-17-1020. It is unlawful to use a trawl net within one-half mile from shore in a county in Game Zones 7 and 9 Zone 3 from the southern tip of Pawley's Island in Georgetown County to the North Carolina state line. However, trawl nets may be used in waters of the Atlantic Ocean adjacent to Georgetown County from September fifteenth through December thirty-first each year."

SECTION 42. Sections 50-3-360, 50-11-130, 50-11-140, 50-11-340, 50-11-355, 50-11-430, 50-11-440, 50-11-703, 50-11-704, 50-11-706, 50-11-1280, 50-11-2415, 50-13-20, 50-13-90, 50-13-110, 50-13-120, 50-13-190, 50-13-200, 50-13-320, 50-13-350, 50-13-360, 50-13-530, 50-13-610, 50-13-620, 50-13-680, 50-13-690, 50-13-700, 50-13-770, 50-13-815, 50-13-980, 50-13-1010, 50-13-1194, 50-13-1450, 50-13-1470, 50-13-1940, 50-13-2010, 50-17-35, 50-17-230, 50-17-235, 50-17-410, 50-17-811, 50-17-815, 50-17-816, Articles 1, 3, and 5 of Chapter 19 of Title 50, Section 50-19-310, Articles 9, 13, 17, 19, and 25 of Chapter 19 of Title 50, 50-19-1710, 50-19-1720, 50-19-1730, 50-19-1910, 50-19-1920, 50-19-1925, 50-19-1930, 50-19-2220, 50-19-2310, 50-19-2330, 50-19-2400, 50-19-2520, 50-19-2530, 50-19-2620, 50-19-2630, and Articles 45 and 49 of Chapter 19 of Title 50 are repealed.

SECTION 43. This act takes effect upon approval by the Governor.

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