Current Status Bill Number:4727 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980226 Primary Sponsor:Sharpe All Sponsors:Sharpe, Witherspoon and Bauer Drafted Document Number:gjk\21250sd.98 Residing Body:House Current Committee:Agriculture, Natural Resources & Environmental Affairs Com 20 HANR Subject:Fish and Game, Zones; migratory waterfowl, shad, wildlife violations; Natural Resources Department
Body Date Action Description Com Leg Involved
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House 19980226 Introduced, read first time, 20 HANR
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND CHAPTER 11, TITLE 50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, SO AS TO FURTHER PROVIDE FOR THE PROTECTION OF GAME IN THIS STATE; TO AMEND SECTION 50-1-60, AS AMENDED, RELATING TO THE DIVISION OF THE STATE INTO GAME ZONES, SO AS TO REVISE AND CONSOLIDATE THE GAME ZONES; BY ADDING SECTION 50-1-138 SO AS TO PROVIDE PENALTIES FOR CONSPIRING TO VIOLATE ANY PROVISIONS OF THE WILDLIFE, FISHERIES, MARINE, AND BOATING LAWS OF THIS STATE; BY ADDING SECTION 50-9-535 SO AS TO MAKE IT UNLAWFUL TO HUNT, TAKE, OR POSSESS MIGRATORY GAME BIRDS WITHOUT FIRST OBTAINING A MIGRATORY GAME BIRD PERMIT AT NO COST FROM THE DEPARTMENT, AND TO DEFINE MIGRATORY GAME BIRDS FOR THIS PURPOSE; BY ADDING SECTION 50-9-1115 SO AS TO PROVIDE THAT PERSONS CONVICTED OF CERTAIN OFFENSES WHO FAIL TO PAY THE FINE OR RESTITUTION ORDERED ARE INELIGIBLE FOR PERMITS, LICENSES, OR REGISTRATIONS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 50-9-1120, RELATING TO THE POINT SYSTEM FOR HUNTING AND FISHING VIOLATIONS, SO AS TO MAKE THE HUNTING OR TAKING OF WATERFOWL BEFORE OR AFTER LEGAL HOURS AN EIGHTEEN-POINT VIOLATION; TO AMEND SECTION 50-17-810, AS AMENDED, RELATING TO CLOSED AND OPEN SEASONS ON SHAD, SO AS TO FURTHER PROVIDE FOR THE SEASON FOR TAKING SHAD; AND TO REPEAL SECTIONS 50-1-20, 50-1-40, 50-1-90, 50-1-100, 50-1-125, 50-3-360, 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, 50-13-815, 50-13-980, 50-13-990, 50-13-1010, 50-13-1020, 50-13-1194, 50-13-1450, 50-13-1470, 50-13-1940, 50-13-2010, 50-17-35, 50-17-811, 50-17-812, 50-17-813, 50-17-814, 50-17-815, 50-17-816, 50-17-817, 50-17-820, 50-17-850, 50-17-855, 50-17-865, 50-19-10, 50-19-110, 50-19-120, 50-19-130, 50-19-210, 50-19-220, 50-19-230, 50-19-240, 50-19-310, 50-19-330, 50-19-410, 50-19-710, 50-19-720, 50-19-730, 50-19-740, 50-19-750, 50-19-760, 50-19-770, 50-19-780, 50-19-1010, 50-19-1020, 50-19-1110, 50-19-1120, 50-19-1130, 50-19-1140, 50-19-1150, 50-19-1160, 50-19-1170, 50-19-1180, 50-19-1510, 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 50-19-3010 RELATING TO VARIOUS PROVISIONS OF LAW IN REGARD TO WILDLIFE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 11 of Title 50 of the 1976 Code, as amended, is further amended to read:
Section 50-11-10. (A) The Federal Migratory Bird Treaty Act and its implementing regulations are the law of this State. However, the board annually may set special seasons, bag limits, and methods for hunting and taking waterfowl consistent with the regulations. A violation of the regulations or related state law is a misdemeanor punishable by a fine of not less than fifty nor more than one hundred dollars or thirty days' imprisonment.
(B) If a person is convicted of one or more of the following offenses, he must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than ninety days:
(1) trespassing to hunt waterfowl;
(2) hunting waterfowl over bait;
(3) shooting waterfowl over bait;
(4) hunting waterfowl more than fifteen minutes before or after regularly designated hunting hours;
(5) possessing more than one waterfowl over the legal limit;
(6) hunting waterfowl out of season.
Section 50-11-20. (A) As used in this article:
(1) "Board" means the governing body of the South Carolina Department of Natural Resources.
(2) "Committee" means the Migratory Waterfowl Committee.
(3) "Department" means the South Carolina Department of Natural Resources.
(4) "Migratory waterfowl" means members of the family "Anatidae", including brants, ducks, geese, and swans.
(B) There is created the Migratory Waterfowl Committee composed of nine members. A designee, who is not a paid employee, of Ducks Unlimited of South Carolina, a designee, who is not a paid employee, of the South Carolina Waterfowl Association, and the Chairman of the Board of the Department of Natural Resources, or his designee, shall serve ex officio. Two members are appointed by the Chairman of the Agriculture and Natural Resources Committee of the House of Representatives, two are appointed by the Chairman of the Fish, Game and Forestry Committee of the Senate, and two are appointed by the Governor, all of whom must be cognizant of waterfowl. The members of the committee shall serve for terms of three years and until successors are appointed and qualify. Vacancies are filled for the unexpired term in the manner of the original appointment. The members of the committee shall elect a chairman annually. Members of the committee are eligible to receive the per diem, subsistence, and mileage as is provided by law for members of boards, commissions, and committees.
(C) The committee is responsible for the creation of the annual migratory waterfowl stamp provided in Section 50-9-155, shall provide the design to the department, and shall recommend regulations to the department for the creation of migratory waterfowl stamp prints, their administration, sale, and distribution, and other matters relating to the stamps and their prints. If the committee sells any of the stamps, it shall purchase them from the department for five dollars and fifty cents a stamp, all of which is retained by the department. Funds derived from the sale of prints and related artwork must be expended as follows:
(1) The portion of the funds necessary to make up fifty percent of the total funds derived from the sale of the migratory waterfowl stamps and the migratory waterfowl stamp prints must be transferred by the committee to the department to be used for its specified projects.
(2) Except for the amount necessary for the committee to administer and promote the sale of any prints, stamps, or related articles, the remainder of the funds derived from the sale of the prints and related articles must be disbursed to an appropriate nonprofit organization as determined by the board for the development of waterfowl propagation projects within Canada. The projects must specifically provide waterfowl for the Atlantic Flyway and must demonstrate evidence that the projects are acceptable to the appropriate governmental agencies having jurisdiction over the project areas.
(3) The committee shall have an annual audit of its finances conducted by the State Auditor and shall furnish a copy to the board.
Section 50-11-25. (A) It is unlawful to take migratory waterfowl from blinds or positions where the floor level of the blind or the position is:
(1) more than ten feet above surface level in or around freshwater; or
(2) more than five feet above the mean high water in or around saltwater.
(B) A blind on public lands or waters must be constructed from biodegradable materials.
(C) Once vacated, a blind on public lands or waters may be used by persons on a "first come, first served" basis.
(D) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
Section 50-11-27. It is unlawful to hunt migratory waterfowl on Lake Murray within two hundred yards of a dwelling without written permission of the owner and occupant. As used in this section, Lake Murray includes the area from Lake Murray Dam to one-half mile upstream of Harmon's Bridge on Secondary Road 41-44 and upstream to Kempson's Ferry Bridge on Highway 395. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
Section 50-11-30. In all instances when the open season for the hunting of game expires on Sunday, the period is extended to include the following Monday. When the open season for hunting of game begins on a Sunday, hunting is allowed on the Saturday preceding and the season for hunting game opens on that day.
Section 50-11-40. (A) It is unlawful for any person to hunt, catch, take, kill, or attempt to hunt, catch, take, or kill any game bird or game animal by the use or aid of recorded calls or sounds or recorded or electronically amplified imitations of calls or sounds.
(B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than one hundred dollars.
Section 50-11-45. In addition to weapons defined as primitive weapons by statute or regulation, a rifle, .36 caliber or larger, which uses black powder only as its propellant charge and which has a one-eighth inch nonmagnified peep site on the rear of the barrel, is a primitive weapon.
Section 50-11-65. (A) Persons engaged in the business of training bird dogs in return for money, goods, or services may obtain a Bird Dog Trainer's License entitling them to the privileges provided in this section.
(B) The applicant for the license shall provide proof of ownership in or a recorded leasehold instrument for a tract of land to be designated as a bird dog training area. The applicant also shall provide a county or highway map designating the location of the property together with a tax map, aerial photograph, or plat designating the property boundaries. The bird dog training area may not exceed fifty acres for each licensee.
(C) The boundaries of the area must be posted every one hundred fifty feet or less with signs designating the area as follows: "Private Bird Dog Training".
(D) The application and the license must list the trainer and not more than two assistants, all of whom must have hunting licenses. Upon receiving a training license, the trainer and his two assistants may take pen-raised quail during the closed season for training dogs. No person, trainer, or assistant, may be listed on more than one license.
(E) The licensee shall maintain records showing the number of birds purchased or raised, released for bird dog training, and harvested as part of the training program, together with other records the department may require as a condition of the license. A copy of these records must be open for inspection by agents of the department at reasonable times and must be furnished to the department in an annual report before issuance of the next year's license. The fee for the license is fifty dollars, and the license expires annually June thirtieth.
(F) The trainer and his assistants shall make reasonable efforts to minimize the disturbance of wild quail during training. Birds released pursuant to this section must be banded, and recovery or recall pens may be used if the trainer is issued a permit for the pens. Unbanded quail taken in recall pens must be released immediately.
(G) A person possessing a hunting license may train bird dogs on private land at any time during the year. However, outside the established quail season, only weapons capable of firing blank ammunition may be used unless feral pigeons have been released and are being used in the training.
(H) A person violating subsection (C), (D), (E), (F), or (G) is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A trainer or assistant trainer who violates one or more of these subsections must have his privileges provided under this section suspended for two years from the date of conviction.
Section 50-11-110. The following species constitute small game animals: raccoon, opossum, rabbit, squirrel, fox, quail, bobcat, beaver, mink, muskrat, skunk, otter, grouse, and weasel.
Section 50-11-120. (A) Except as specified in this section the season for hunting small game is Thanksgiving Day through March first. However, there is no open season on grouse except in Game Zone 1.
(1) Game Zone 1:
(a) rabbit: 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: Octoraccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only; (e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(2) Game Zone 2:
(a) rabbit: 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: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only;
(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(3) Game Zone 3:
(a) rabbit: 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;
(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 through August fifteenth;
(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only;
(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(5) Game Zone 5:
(a) rabbit: 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: August fifteenth through October fourteenth; March second through April fifteenth without weapons and with dogs only; October fifteenth through March first with weapons and dogs. All hunting of raccoon and opossum in Game Zone 9 must be at night. Night as used in this section is that time between official sunset one day and official sunrise the following day;
(f) mink: November first through March first;
(g) muskrat: November first through March first;
(h) otter: November first through March first;
(i) skunk: November first through March first;
(j) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(10) Game Zone 10:
(a) rabbit: 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.
(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 where night hunting is authorized, "night" means the time between one hour after official sundown of a day and one hour before official sunrise the following day.
Section 50-11-130. A person hunting with firearms in Game Zone 9 from the first of May through August thirty-first of each year is guilty of a misdemeanor and, upon conviction, must be fined in an amount not to exceed one hundred dollars or imprisoned for a term not to exceed thirty days. If during any year the opening of the season for the hunting of doves is scheduled to begin prior to September first, the period during which hunting with firearms is prohibited under this section must be adjusted for that year to conform.
Section 50-11-140. During a period in which raccoons, opossums, or fox are allowed to be hunted without weapons, it is unlawful to take, attempt to take, or hunt the animals when carrying on one's person or in one's vehicle a firearm.
Section 50-11-150. For purposes of this section day means the time between one-half hour before sunrise one day and one-half hour before sunrise the following day. Night means the time between official sunset one day and official sunrise the following day. Where bag limits are specified on "a night" basis, and there is a day season specified in Section 50-11-120, there is no limit on game taken during daylight hours. It is unlawful to exceed the small game bag limits as follows:
(1) Game Zone 1:
(a) quail: ten a day;
(b) grouse: three a day;
(c) rabbit: five a day;
(d) squirrel: ten a day;
(e) fox: no limit;
(f) raccoon: three a party a night;
(g) opossum: three a party a night;
(2) Game Zone 2:
(a) quail: ten a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: three a party a night;
(f) opossum: three a party a night;
(3) Game Zone 3:
(a) quail: fifteen a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: no limit;
(f) opossum: no limit;
(4) Game Zone 4:
(a) quail: fifteen a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: three a party a night;
(f) opossum: three a party a night;
(5) Game Zone 5:
(a) quail: ten a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: three a party a night;
(f) opossum: no limit;
(6) Game Zone 6:
(a) quail: fifteen a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: no limit;
(f) opossum: no limit;
(7) Game Zone 7:
(a) quail: ten a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: no limit;
(f) opossum: no limit;
(8) Game Zone 8:
(a) quail: twelve a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: three a party a night;
(f) opossum: no limit;
(9) Game Zone 9:
(a) quail: fifteen a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: two a party a night;
(f) opossum: no limit;
(10) Game Zone 10:
(a) quail: ten a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: three a night;
(f) opossum: no limit;
(11) Game Zone 11:
(a) quail: fifteen a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: no limit;
(f) opossum: no limit.
Section 50-11-160. It is unlawful for any person to trap rabbits, except that a landlord or tenant may use not more than five rabbit boxes on lands on which he has exclusive control during the open season for rabbits as provided by law.
Section 50-11-170. Any person who buys, sells, or displays for sale in Game Zones 2 and 4 the carcasses of wild rabbits or parts of wild rabbits is guilty of a misdemeanor and must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
Section 50-11-180. The trapping or snaring of quail is prohibited except as 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.
Section 50-11-310. (A) The open season for taking antlered deer is:
(1) Game Zones 1, 2, and 4: as set by the department between October first and January first. 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;
(2) Game Zones 5 and 7: with bow and arrow September first through January first and with firearms September fifteenth through January first;
(3) Game Zones 8 and 9: August fifteenth to August thirty-first with bow and arrow only and September first through January first with 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), the season for taking antlered deer is August fifteenth through January first.
(C) It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer.
Section 50-11-335. (A) The bag limit on antlered deer is as follows:
Game Zones 1, 2, and 4: as set by the department;
Game Zones 7, 8, and 10: five a season.
(B) For game zones not provided for in subsection (A), there is no day or season limit on antlered deer.
Section 50-11-340. Any person convicted of hunting deer during the closed season must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days. None of the fine may be suspended.
Section 50-11-350. Any person taking, attempting to take, or having in his possession deer illegally or taking, attempting to take, or killing deer in any way prohibited by the department in Game Zone 1, 2, or 4 and on wildlife management area lands throughout the State is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
Section 50-11-355. It is unlawful to hunt deer within three hundred yards of a residence without permission of the owner and occupant. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. The provisions of this section do not apply to a landowner hunting on his own land.
Section 50-11-356. It is unlawful to discharge a gun or weapon within three hundred yards of a poultry layer or broiler house containing live poultry without permission of the owner. Anyone knowingly violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. The provisions of this section do not apply to a landowner discharging a gun or weapon on his own land.
Section 50-11-380. In Game Zone 1 it is unlawful, except during the season when the hunting of deer and bear is lawful, for any person engaged in the hunting of any game whatsoever to have in his possession any ammunition loaded with buckshot or larger shot or, while so engaged, to have in his possession a rifle, the caliber of which is greater than a caliber twenty-two, rimfire, or any rifle ammunition of a greater caliber than twenty-two.
Any person convicted of violating the provisions of this section must be imprisoned for not more than thirty days or fined not more than two hundred dollars.
Section 50-11-390. (A) In Game Zones 1, 2, and 4 the department may declare open seasons and set bag limits and methods of hunting and taking antlerless deer provided in Sections 50-11-120 and 50-11-410.
In all other game zones the department may declare open seasons, set bag limits and methods of hunting and taking antlerless deer, and issue antlerless deer quota permits of fifty dollars each to landowners or lessees for the hunting and taking of antlerless deer. Derived revenue must be used to administer the permits and conduct deer research and management statewide.
(B) The department may declare an open season for taking antlerless deer only between October first and January first. Antlerless deer taken pursuant to a quota permit must be tagged with a valid antlerless deer tag and reported. The tag must be attached permanently to the lower jaw of the deer immediately after it is taken and before it is transported.
(C) A person violating this section is guilty of a misdemeanor and, upon conviction, must be punished as in Section 50-11-410.
(D) The department may close the season and suspend or revoke a quota permit when environmental conditions or other factors warrant.
Section 50-11-395. (A) In addition to declaring open seasons for antlerless deer as prescribed in Section 50-11-390, the department may issue individual permits for taking antlerless deer in Game Zones 1, 2, and 4 at a cost of five dollars each. The permits are valid in Game Zones 1, 2, and 4 only as prescribed by the department and may be possessed and used only by the individuals to whom they are issued. The department annually shall set the number of permits to be issued and the times and areas where they are valid.
(B) Eighty percent of the revenue generated from the sale of the permits must be used to administer the permits and for deer management and deer research, and twenty percent must be used for law enforcement relating to deer.
(C) A person taking or attempting to take an antlerless deer pursuant to an individual permit in violation of department guidelines or of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
Section 50-11-400. It is unlawful for anyone in this State to have in his possession any deer with the head detached when the person is in transit from any woods, swamps, fields, or roads. Any person convicted of transporting a deer with the head detached must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
Section 50-11-410. For purposes of this chapter, antlerless deer means a female (doe) deer, a male (buck) deer not exhibiting two inch antlers visible above the natural hairline, or a male (buck) deer that has shed, broken, or otherwise lost its antlers. In South Carolina, it is unlawful to hunt, kill, take, or possess any antlerless deer on any property unless an open season has been declared on that property or an antlerless deer quota permit has been issued for the legal harvest of antlerless deer on that specific property. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
Section 50-11-420. Any person in whose possession recently killed venison or fresh deerskin is found during the closed season for hunting deer in that game zone by law is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for not more than thirty days.
Section 50-11-430. (A) It is unlawful to:
(1) hunt, take, or attempt to take a bear except during the open season which is set by the department;
(2) buy, sell, barter, or exchange a bear or bear part;
(3) possess or transport a freshly killed bear or a bear part except during the open season for hunting and taking bears.
(B) Each act constituting a violation is a separate offense.
(C) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned for not more than two years, or both. The hunting and fishing privileges of a person convicted under the provisions of this section must be suspended for three years. Equipment used or intended for use in violating this section is forfeited to the department. The court may order that restitution be paid to the department of not less than one thousand five hundred dollars for each bear or bear part which is the subject of a violation of this section.
Section 50-11-440. It is unlawful to use any type bait to concentrate the bear population in any area or to lure them to any location which gives the hunter an unnatural advantage when he is hunting bear.
Section 50-11-500. (1) It is unlawful for any person to rob any wild turkey nest or own, possess, control, sell, or otherwise dispose of wild turkey eggs unless the possession of the eggs is authorized by permit issued by the department under the provisions of Section 50-11-1180.
(2) It is unlawful for any person to trap or snare any wild turkey or to hunt or shoot a wild turkey at any time from any natural or artificial blind or hiding place when the turkey is lured by bait. This does not apply to mechanical feeders when used in a planned conservation and management program approved by the department.
(3) It is unlawful for any person to hunt, kill, or possess female wild turkeys unlawfully killed at any time unless the department sets special open seasons for their taking under the provisions of Sections 50-11-520, 50-11-530, and 50-11-540.
(4) It is unlawful for any person to buy, sell, offer for sale, barter, or have in possession for sale any wild turkeys.
(5) It is unlawful for any person to release in the wild any pen-raised wild turkey unless that person is granted a permit to do so by the department. These permits are made after the department has caused a thorough study of the area on which pen-raised turkeys are to be released. The release of these turkeys is to take place under the supervision of department personnel. No pen-raised turkey may be released for any purpose unless they have been examined for parasites or disease and the release approved by the department not less than thirty days before the date of their release.
(6) It is unlawful for any person to buy, sell, offer for sale, barter or have in possession for sale any pen-raised wild turkeys or domestic turkeys for purposes of release in the wild. The department may authorize pen-raised wild turkeys to be released under permit on licensed privately owned shooting preserves if the wild turkeys are designated as legal shooting preserve game by the department, if they have been examined for parasites or disease, and the release approved by the department not less than thirty days before the date of their release. The taking of wild turkey on licensed shooting preserves is governed by Article 7 of this chapter.
(7) It is unlawful for any person to sell or give away pen-raised wild turkeys which are authorized to be released on licensed shooting preserves without the written consent of the department.
(8) It is unlawful for any person to shoot any wild turkey on its roost between thirty minutes after official sunset and thirty minutes before official sunrise.
(9) It is unlawful for any person to possess pen-raised wild turkeys without a possession permit issued by the department.
(10) A person who hunts or attempts to hunt a wild turkey is required to have in his possession a set of wild turkey transportation tags issued by the department or its designated agent at no cost. A wild turkey killed must be tagged before being transported from the point of kill. All bagged wild turkeys must be checked at a designated wild turkey check station. The daily bag limit for wild turkeys is two a day, not to exceed five during any one license year, and no person may take more than two wild turkeys during an open fall season. No hunter may possess more than one set of turkey tags. A set consists of five tags.
(11) It is unlawful for a person to take or attempt to take a wild turkey from a vehicle on a public road.
(12) It is unlawful for a person to take or attempt to take a wild turkey with a rifle.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days except, upon conviction, any person unlawfully buying, selling, offering for sale, bartering, or having in possession any wild turkey or wild turkey eggs must be fined twenty-five dollars for each wild turkey or egg bought, sold, offered for sale, bartered, or possessed for sale or unlawfully possessed. Each day's violation constitutes a separate offense.
Section 50-11-510. It is unlawful for a person to hunt or take or attempt to hunt or take a wild turkey by means of, or aid or use of, bait or baiting or on or over any baited area.
As used in this section, "bait" or "baiting' means the placing, "depositing, exposing, distributing, or scattering of salt, shelled, shucked, or unshucked corn, wheat, or other grain, or other foodstuffs to constitute for wild turkeys a lure, attraction, or enticement to, on, or over any areas where hunters are attempting to take them, and "baited area" means an area where salt, shelled, shucked, or unshucked corn, wheat, or other grain, or other foodstuffs capable of luring, attracting, or enticing wild turkeys is directly or indirectly placed, exposed, deposited, distributed, or scattered, and the area remains a baited area for ten days following complete removal of all bait.
Section 50-11-520. The department may make special studies in all game zones of this State which have been restocked with wild turkeys and, after such studies the department may declare open or closed seasons of such duration as it considers advisable for the taking of turkeys in areas concerned. However, in Game Zones 6 and 11, the open and closed seasons for the taking of wild turkey are as provided in Section 50-11-560 except in those areas under restocking agreements with the department.
Section 50-11-530. The department may, at its discretion, prescribe methods by which turkeys may be taken in each game zone and may fix the specific areas of the zones in which turkeys have become numerous enough to be harvested. The department may designate the sex of the turkeys that may be taken and may prescribe any other regulations considered necessary and expedient for the proper control of the harvesting of turkeys in the zones. The bag limit for turkeys in Game Zones 6 and 11 is not more than two male turkeys a day and not more than five male turkeys a season.
Section 50-11-540. Any person taking, attempting to take, or having in his possession turkey illegally or taking, attempting to take, or killing turkey in any way not prescribed by the department is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for not more than thirty days. Every vehicle, boat, animal, firearm, or other equipment used in hunting turkeys in violation of Sections 50-11-520 and 50-11-530 or in the possession of persons convicted of violations at the time of the violations is forfeited to the State and may be confiscated by any peace officer who shall deliver the items to the department.
For purposes of this section, a conviction for unlawfully hunting turkeys is conclusive as against any convicted owner of the above mentioned property.
In all other instances forfeiture is accomplished by the initiation by the State of an action in the circuit court in the county in which the property was seized giving notice to owners of record and lienholders of record or other persons having claimed an interest in the property subject to forfeiture and an opportunity to appear and show, if they can, why the property should not be forfeited and disposed of as provided for by this section. Failure of any person claiming an interest in the property to appear at the above proceeding after having been given notice of the proceeding constitutes a waiver of his claim and the property is forfeited immediately to the State.
Notice of the above proceedings is accomplished by: (a) personal service of the owner of record or lienholder of record by certified copy of the petition or notice of hearing or (b) in the case of property for which there is no owner or lienholder of record, publication of notice in a newspaper of local circulation in the county where the property was seized for at least two successive weeks before the hearing.
Property constituted forfeited property by this section must be sold under the same procedure prescribed in Section 50-11-740.
Section 50-11-550. It is unlawful between the dates of February sixteenth and Thanksgiving Day for any person to discharge any weapon, other than a shotgun, within one-fourth of a mile of the backwaters of the Catawba River and its tributaries up to the point and including all waters impounded by the India Hook Dam.
Section 50-11-560. In Game Zones 6 and 11 male wild turkeys, gobblers, may be hunted from March fifteenth to May first, inclusive; but landowners of ten thousand acres or more may have an option of choosing the hunting season provided herein or a hunting season which extends from the day before Thanksgiving to March fifteenth of each year. If they elect the option of the season extending from the day before Thanksgiving to March fifteenth, hunting on such lands during such season is lawful upon the filing of a notarized statement of the election with the department at least ten days prior to the opening of the season.
Section 50-11-700. The use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful after 11:00 p.m.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.
Section 50-11-703. (A) In Game Zone No. 1 the use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful.
(B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.
Section 50-11-704. (A) In Game Zones 4 and 5 the use of artificial lights from a vehicle or water conveyance to observe or harass wildlife is unlawful.
(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.
(C) Nothing in this section may be construed to prohibit the lawful hunting of raccoon and fox."
Section 50-11-705. In Game Zone No. 2 the use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful.
Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction must be fined not more than one hundred dollars or imprisoned for not more than thirty days.
Nothing in this section may be construed to prohibit the lawful hunting of raccoon and fox.
Section 50-11-706. (A) In Game Zones 9 and 10 the use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful. However, this section does not prohibit an owner of real property or a person with a legal interest therein from the use of artificial lights from any vehicle or water conveyance for the purpose of surveying or protecting his property.
(B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.
(C) Nothing in this section may be construed to prohibit the lawful hunting of raccoon and fox.
Section 50-11-710. Night hunting in this State is unlawful except that raccoons, opossums, foxes, mink, and skunk may be hunted at night; however, they may not be hunted with artificial lights except when treed or cornered with dogs, or with buckshot or any shot larger than a number four, or any rifle ammunition of larger than a twenty-two rimfire.
For the purposes of this section, "night" means that period of time between one hour after official sundown of a day and one hour before official sunrise of the following day.
Any person violating the provisions of this section, upon conviction, must be fined for the first offense not more than one thousand dollars, or be imprisoned for not more than one year, or both; for the second offense within two years from the date of conviction for the first offense, not more than two thousand dollars nor less than four hundred dollars, or be imprisoned for not more than one year nor for less than ninety days, or both; for a third or subsequent offense within two years of the date of conviction for the last previous offense, not more than three thousand dollars nor less than five hundred dollars, or be imprisoned for not more than one year nor for less than one hundred twenty days, or both. Any person convicted under this section after more than two years have elapsed since his last conviction must be sentenced as for a first offense.
In addition to any other penalty, any person convicted for a second or subsequent offense under this section within three years of the date of conviction for a first offense shall have his privilege to hunt in this State suspended for a period of two years. No hunting license may be issued to an individual while his privilege is suspended, and any license mistakenly issued is invalid. The penalty for hunting in this State during the period of suspension, upon conviction, must be imprisonment for not more than one year nor less than ninety days.
The provisions of this section may not be construed to prevent any owner of property from protecting the property from destruction by wild game as provided by law.
It is unlawful for a person to use artificial lights at night, except vehicle headlights while traveling in a normal manner on a public road or highway, while in possession of or with immediate access to both ammunition of a type prohibited for use at night by the first paragraph of this section and a weapon capable of firing the ammunition. A violation of this paragraph is punishable as provided by Section 50-11-720.
Section 50-11-720. Notwithstanding the provisions of Section 50-11-710, any person convicted of the crime of night hunting for deer or bear must (1) for a first offense be fined not more than two thousand five hundred dollars or imprisoned as provided in Section 50-11-710; (2) for a second offense within two years of the first conviction be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned as provided for a first offense; (3) for a third or subsequent offense within two years of a conviction for a second or subsequent offense be fined not less than six hundred dollars nor more than three thousand dollars or imprisoned as provided for a first offense.
Section 50-11-730. It is unlawful for any person to hunt, shoot, or in any way kill deer from a motorboat, raft, or other water conveyance or to molest deer while any part of the deer is in the water. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not less than thirty days nor more than ninety days or be fined not less than one hundred dollars nor more than five hundred dollars.
"Hunting", as used in this section in reference to a vehicle, boat, or device, includes the transportation of a hunter to or from the place of hunting in violation of this section, or the transportation of the carcass of a deer, or any part of a deer, which has been unlawfully hunted or killed in violation of this section.
In addition to the penalty herein, every boat, raft, or other water conveyance, vehicle, animal, firearm, and any other device being used in the violation of this section must be confiscated and delivered to the department.
For purposes of this section, a conviction for unlawfully hunting deer from boats or other water conveyances is conclusive as against any convicted owner of the above-mentioned property.
In all other cases, the forfeiture and sale is accomplished by the procedure set forth in Section 50-11-740.
Section 50-11-740. Every vehicle, boat, animal, and firearm used in the hunting of deer or bear at night is forfeited to the State and must be confiscated by any peace officer who shall forthwith deliver it to the department.
"Hunting" as used in this section in reference to a vehicle or boat includes the transportation of a hunter to or from the place of hunting or the transportation of the carcass, or any part of the carcass, of a deer or bear which has been unlawfully killed at night.
For purposes of this section, a conviction for unlawfully hunting deer or bear at night is conclusive as against any convicted owner of the above-mentioned property.
In all other instances, forfeiture must be accomplished by the initiation by the State of an action in the circuit court in the county in which the property was seized giving notice to owners of record and lienholders of record or other persons having claimed an interest in the property subject to forfeiture and an opportunity to appear and show, if they can, why the property should not be forfeited and disposed of as provided for by this section. Failure of any person claiming an interest in the property to appear at the above proceeding after having been given notice of the proceeding constitutes a waiver of his claim and the property must be immediately forfeited to the State.
Notice of the above proceedings must be accomplished by:
(a) personal service of the owner of record or lienholder of record by certified copy of the petition or notice of hearing or;
(b) in the case of property for which there is no owner or lienholder of record, publication of notice in a newspaper of local circulation in the county where the property was seized for at least two successive weeks before the hearing.
The department shall sell any confiscated device at public auction for cash to the highest bidder in front of the county courthouse in the county where it is confiscated, after having given ten days' public notice of the sale by posting advertisement thereof on the door or bulletin board of the county courthouse or by publishing the advertisement at least once in a newspaper of general circulation in the county. Upon sale, the department shall pay over the net proceeds, after payment of the proper costs and expenses, if any, of the seizure, advertisement, and sale, including any proper expense incurred for the storage of the confiscated device, to the State Treasurer for deposit in the game protection fund. When the device is of greater value than one thousand dollars, the owner may at any time before sale redeem it by paying to the department the sum of one thousand dollars. When the device is of lesser value than one thousand dollars, the owner may at any time before sale redeem it by paying to the department the retail market value. The sums received by the department must be deposited in the game protection fund pursuant to the provisions of this section.
Section 50-11-750. It is unlawful for any person to feed or entice with food any American alligator (Alligator mississippiensis), except those persons feeding alligators maintained in protective captivity under a permit issued by the department pursuant to Section 50-15-50 for education, scientific, commercial, or recreational purposes; or department personnel, persons licensed, or otherwise authorized by the department, or county or municipal animal control personnel when relocating alligators by baiting or enticement. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in an amount not to exceed two hundred dollars or imprisoned for not more than thirty days.
Section 50-11-760. The hunting of all game from public roads and rights-of-way owned by railroads is prohibited whenever the public roads or railroad rights-of-way are adjacent to lands that are posted against trespassing or hunting. The provisions of this section do not apply to hunting by owners of the adjacent lands or by persons who have permission of the owners to hunt the adjacent lands. "Hunting" as used in this section includes the hunting of deer by occupying stands therefor. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or be imprisoned for a period not to exceed thirty days.
Section 50-11-770. [Section repealed]
Section 50-11-780. No dog is required to be constrained by a leash while it is actually engaged in hunting game and under supervision. As used in this section "supervision" means that the owner of the dog or his designee is either in the vicinity of the dog or in the process of trying to retrieve the dog.
Section 50-11-810. All species of game birds for which the legislature has not provided a specific open season are protected and may not be shot, trapped, destroyed, or attempted to be shot, trapped, or destroyed at any time. The department may prescribe an open season for the taking of exotic game birds, prescribe the method by which they may be taken, and fix the specific areas of any zone in which these exotic species may become numerous enough to be harvested. All areas not specifically open to hunting are closed to hunting. The department may designate the sex that may be taken and may prescribe any other regulations that may be considered wise and expedient for the harvest of these new game birds. Any person taking, attempting to take, or having in his possession these exotic game birds illegally or taking, attempting to take, or killing these exotic game birds in any way not prescribed by the department is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for not less than fifteen days nor more than thirty days. The provisions of this section are applicable to ruffed grouse.
Section 50-11-820. No person within the State may kill, catch, or have in his possession, living or dead, any resident or migratory wild bird, other than a game bird, or purchase or offer or expose for sale any wild nongame bird after it has been killed or caught, except as permitted by Section 50-11-1180.
Section 50-11-830. No part of the plumage, skin, or body of any bird protected by Section 50-11-820 may be sold or had in possession for sale whether the bird was captured or killed within or without the State.
Section 50-11-840. No person may take or destroy, or attempt to take or destroy, the nest or the eggs of any wild bird or have such nest or eggs in his possession, except as permitted in Section 50-11-1180.
Section 50-11-850. It is unlawful for any person or any firm or corporation acting as a common carrier, its officers, agents, or servants to ship, carry, take, or transport, either within or beyond the confines of the State, any resident or migratory wild nongame bird, except as permitted by Section 50-11-1180.
Section 50-11-851. The shooting, killing, or maiming of an Antwerp or homing pigeon, commonly known as a "carrier pigeon", is prohibited. Any person violating the provisions of this section is guilty of a misdemeanor and must be punished by a fine not exceeding ten dollars or imprisonment not exceeding ten days.
Section 50-11-852. It is unlawful for any person to molest or kill any of the birds of prey within this State. Birds of prey include all hawks, eagles, falcons, kites, vultures, owls, and ospreys. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than a hundred dollars or imprisoned for not more than thirty days.
Section 50-11-853. No person, except the owner, shall catch, kill, capture, or detain a homing, racing, or carrier pigeon which at the time of its capture or detention has the name or initials of its owner, its number, or another mark designating it as a homing, racing, or carrier pigeon. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
Section 50-11-854. (A) The department may establish seasons and bag limits for the hunting and taking of crows consistent with the federal regulation governing those activities. However:
(1) The hunting season or seasons on crows may not exceed a total of one hundred twenty-four days during a calendar year:
(2) The department shall designate a season or seasons between September first and March first:
(3) It is unlawful to hunt or take crows:
(a) from an aircraft;
(b) by any methods except firearms, bow and arrow, and falconry;
(c) except as permitted by this section.
(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than two hundred dollars or imprisoned not more than thirty days.
Section 50-11-860. The department, without any costs whatsoever to the State, shall designate and establish sanctuaries where game, birds, and animals may breed unmolested, if any landowner enters into an agreement with the department to set aside and turn over to the State for that purpose a certain number of acres of land. There may be no hunting or trespassing upon these lands so designated as a sanctuary by anyone for five years from the date of the agreement. The department may post those lands so designated as a sanctuary in the name of the State and prosecute any persons hunting or trespassing on the lands. Any agreement entered into under authority given in this section may be terminated at any time by the landowner and the department.
Section 50-11-870. The following areas are declared to be bird sanctuaries:
(1) Port Royal Plantation on Hilton Head Island, Beaufort County;
(2) Highlands of Otranto Subdivision in Berkeley County;
(3) the Town of Bonneau in Berkeley County;
(4) St. James Estates, Spring Hill, Devonshire, Raintree, and Harbor Lakes Subdivisions in Berkeley County;
(5) The Subdivision of Clear View on James Island, Charleston County;
(6) James Island water district in Charleston County;
(7) the Subdivision of Lee - Jackson - McCalls Corner on James Island, Charleston County;
(8) St. Phillips Parish, St. Michaels Parish, and North Charleston Public Service District, Charleston County;
(9) Melrose, Longbranch, and Shaftesbury Subdivisions in Charleston County as bounded on the south by Highway 17, on the west by Long Branch Creek, on the north by Magwood property line, and on the east by the property line of Castlewood Subdivision;
(10) Forest Lakes Subdivision located in the City and County of Charleston;
(11) Winnsboro Mills in Fairfield County bounded on the north by the city limits of Winnsboro, on the south by the intersection of Highways 321, 34, and 215, on the west by the by-pass of Highway 321, and on the east by Golf Course Road;
(12) Avondale Forest as recorded at plat book RR page 186 and plat book BBB page 36 in the office of the Registrar of Mesne Conveyances for Greenville County;
(13) Lake Forest and Lake Forest Heights in Greenville County, bounded on the north by Edwards Road, on the east by Shannon Drive, on the south by Old Spartanburg Road, and the west by Highway 291;
(14) Botony Woods, Greenville County;
(15) Heritage Lakes in Greenville County;
(16) the City of Ocean Drive Beach, Horry County;
(17) Windy Hill Beach, Horry County;
(18) Briarcliff Acres in Horry County as bounded on the north by Highway 17, on the east by the Holmes property, on the south by the Atlantic Ocean, and on the west by the Patterson property;
(19) Kirkover Hills near Camden in Kershaw County;
(20) Sunnyhills Subdivision near Camden in Kershaw County;
(21) The area between the western city limits of Camden and the Seaboard Railroad tracks, Kershaw County;
(22) that area bounded by the Haile Street Extension, U.S. Highway No. 1, and Lake Shore Drive near Camden, Kershaw County;
(23) Saluda Gardens, Saluda Terrace, Westover Acres, and Saluda Hills Subdivisions in Lexington County;
(24) Town of Arcadia Lakes, Richland County;
(25) Community of Belvedere in Richland County;
(26) Deerfield Plantation, Berkeley County; River Hills Plantation, York County;
(27) City of Tega Cay, York County;
(28) the area in York County, consisting of a portion of the impounded waters of Lake Wylie lying south of State Highway 49 and east of State Highway 274, southward to the dam of Lake Wylie. That area lying on the eastern side of State Highway No. 72, embracing the Country Club Estates, the Rock Hill Country Club, the Oakdale School property, a portion of the Drennan property, and being bounded on the north by the Fewell property, on the east by the Fewell and Parrish properties, on the south by the old Mount Holly Road, and on the west and north by State Highway No. 72;
(29) the area known as the community of River Hills Plantation, Inc., in York County.
(30) The Town of Pawleys Island in Georgetown County.
(31) the area in Clarendon County consisting of that portion of Tawcaw Creek, adjacent to Goat Island, lying southeast of County Road 38, and extending into Lake Marion to the extent of the Santee National Wildlife Refuge boundaries lying east and west of that portion of Lake Marion;
(32) Rolling Green Retirement Community in Greenville County.
It is unlawful to use shotguns, rifles, pellet guns, and BB guns within the area described in this section.
Section 50-11-875. The following area in Charleston County within the City of Charleston is declared to be a bird sanctuary:
From William Kennerty Drive along Highway 61, approximately 2,800 feet to Ashley Hall Plantation Road, then from Highway 61 along Ashley Hall Plantation Road, approximately 4,600 feet to Captiva Row, then from Ashley Hall Plantation Road along Captiva Row, approximately 1,500 feet to Ashley Hall Road, then from Captiva Row along Ashley Hall Road, approximately 400 feet to Boone Hall Drive, then from Ashley Hall Road along Boone Hall Drive, approximately 3,250 feet to William Kennerty Drive, then from Boone Hall Drive along William Kennerty Drive, approximately 1,050 feet to Highway 61 at the point of beginning.
It is unlawful for any person to trap, hunt, molest, or attempt to molest in any manner any bird or wild fowl or to molest any birds' nests or wild fowls' nests within the sanctuary.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
Section 50-11-880. The following areas are designated as wildlife sanctuaries:
(1) the Sea Pines Public Service District on Hilton Head Island, Beaufort County;
(2) the Highlands of Fripp Island, Beaufort County;
(3) the Goose Creek Reservoir in Berkeley County including all lands lying within one-half mile of the shoreline of the reservoir;
(4) Lawton Bluff Subdivision and Lawton Plantation in Charleston County;
(5) Hobcaw Point Subdivision in the City of Mt. Pleasant, County of Charleston;
(6) Prestwood Lake Area, Darlington County, which includes Prestwood Lake and that area around the lake contained in a radius of three-fourths of a mile from the shore of the lake and bounded on the east by Sonoco Dam and on the west by a line running in a southerly direction across Black Creek from the New Sonoco Clubhouse;
(7) that area in Florence County known as Forest Lake bordered on the north by South Cashua Road and Highway 76, on the west by secondary road 106, on the south by Savannah Grove Road, on the east by Knollwood Road, and that portion of the lake east of Knollwood Road and that upland extending one hundred yards from the shore of the lake;
(8) Lake Oakdale in Florence County bordered on the north by the secondary road known as Stralton Drive, on the west by Pelican Lane and West Lake Oakdale Drive, on the south by Shearton Road until it intersects with Seaboard Coastline Railroad tracks, and on the east by West Lake Drive and Pine Needles Road;
(9) Pelham Estates I, II, and III, Stratton Place, and Watson's Orchard in Greenville County;
(10) that portion of McCormick County between Little River and the Savannah River lying south of Highway 378;
(11) Quail Run in York County.
It is unlawful to discharge any firearm including, but not limited to, BB guns and pellet rifles or to attempt to take or kill any wildlife within any of the above-described areas by any means.
If the department determines that, due to size, disease, or other extraordinary factors, a particular population of a species located in, on, or around a sanctuary described above constitutes a threat to the health, safety, and welfare of the public or to itself, or other species in, on, or around the sanctuary, it may authorize the taking of a sufficient number of species to reduce or eliminate the threat. The wildlife must be taken by department personnel or other persons acting under their supervision and the authorization for the taking limits the number of animals taken and the days, times, and methods to be used.
Section 50-11-883. (A) The portion of Lake Secession in Abbeville County lying south of Highway 184 is a wildlife sanctuary. It is unlawful for anyone to trap, hunt, molest, or attempt to molest in any manner any bird or other game animal within the sanctuary. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
(B) Vereen Memorial Historical Gardens in Horry County is a wildlife sanctuary. It is unlawful for anyone to trap, hunt, molest, or attempt to molest in any manner any bird or game animal within the sanctuary. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
Section 50-11-890. The following areas are designated bird and squirrel sanctuaries:
(1) Bayview Acres in Charleston County;
(2) all that area of the subdivision of Drayton on Ashley in Charleston County bounded as follows on the south by the Seaboard Coastline Railroad, on the east by the Ashley River, on the north at the corner of Highway 61, and the Seaboard Coastline Railroad for 2,585 feet bearing south 49 degrees 50'W., and on the west by Highway 61.
Section 50-11-900. The following areas are declared to be nongame bird sanctuaries:
(1) the Hannahan Public Service District located in Berkeley County;
(2) St. Andrews Parish in Charleston County.
Section 50-11-910. The land owned or managed by the National Audubon Society, Incorporated, in Berkeley and Dorchester Counties, known as the Francis Beidler Forest, is declared to be a sanctuary for the protection of game, birds, and other animals. There may be no hunting, fishing, or trespassing in the sanctuary. Fishing may be permitted by written authorization from the management of the Francis Beidler Forest only.
The management of the Francis Beidler Forest shall post along the outer boundaries of the land and mouths of all streams and creeks entering into the Francis Beidler Forest signs notifying the public that the area is a sanctuary and is closed to hunting and fishing except as authorized.
No flowers, shrubs, trees, or other plants may be damaged or removed from the park without permission from the management.
Any person convicted of violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars, or imprisoned for not more than thirty days.
Section 50-11-915. The land owned, leased, or managed by the Playcard Environmental Education Center in Horry County is declared a sanctuary for the protection of game, birds, and other animals. There may be no hunting, fishing, or trespassing in the sanctuary. Fishing may be permitted only by written authorization from the management of the center.
The management of the center shall post along the outer boundaries of the land and mouths of all streams and creeks entering into the Playcard Environmental Education Center signs notifying the public that the area is a sanctuary and is closed to hunting and fishing except as authorized.
No flowers, shrubs, trees, or other plants may be damaged or removed from the park without permission from the management.
A person convicted of violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
Section 50-11-920. The land owned or leased to Kershaw County to be used as a county park and streams or creeks entering into the lands are declared to be a sanctuary for the protection of game, birds, and animals. There may be no hunting, trapping, fishing, or trespassing thereon. Fishing is permitted by persons obtaining fishing permits from the management of the Kershaw County Park. Fishing is not permitted in the swimming area or when water in the lake is low for repairs.
The management of the Kershaw County Park shall post along the outer boundaries of the land and mouths of all streams and creeks entering into the Kershaw County Park signs notifying the public that the area is a sanctuary and closed to hunting and fishing except as authorized.
No flowers, shrubs, trees, or plants may be removed from the park without permission from the management.
No alcoholic beverages or persons under the influence of alcohol are permitted in the Kershaw County Park.
Dogs must be on a leash, except those used in the Field Trial Club events.
The Kershaw County Park may not be used as a dumping place for trash, garbage, or other refuse.
A part of the Kershaw County Park, about four hundred twenty-one acres, east of Pine Tree Creek, north of Burkett Branch, south of the land owned by Bowater Co. and T. L. Myers, and west of land owned by Bowater Co., and Bud Smith may be used by the Mid-Carolina Field Trial Clubs. The maintenance and development of these grounds into field trial grounds is under the supervision of the Mid-Carolina Field Trial Club. The club shall pay the costs of developing and maintaining the grounds. All clubs sponsoring trials on the grounds shall obtain permission from the department before a trial is held. Field trial dogs are permitted to exercise and train on the grounds during field trial seasons only when a trial is not in progress. Trapping of released birds is permitted by clubs for use in future trials only. Only blank ammunition may be used on trial areas. The superintendent of Kershaw County Park shall maintain jurisdiction over game law enforcement and security of this area.
Any person convicted of violating the provisions of this section is guilty of a misdemeanor and is subject to a fine of not more than two hundred dollars or imprisonment for a period not exceeding thirty days, or both.
Section 50-11-925. The land owned, leased, or managed by the South Carolina Future Farmers of America Camp of the Little River Neck section of Horry County is declared a sanctuary for the protection of game, birds, and other animals. There may be no hunting, fishing, or trespassing in the sanctuary. Fishing may be permitted only by written authorization from the management of the camp.
The management of the camp shall post along the outer boundaries of the land and mouths of all streams and creeks entering into the camp signs notifying the public that the area is a sanctuary and is closed to hunting and fishing except as authorized.
No flowers, shrubs, trees, or other plants may be damaged or removed from the camp without permission from the management.
A person convicted of violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
Section 50-11-930. It is unlawful for any person to trap, hunt, or molest in any manner any species of duck or geese, or to molest any duck or goose nest, on any water or tideland owned by the State within the following boundary:
Beginning at the westernmost tip of the Isle of Palms at the base of the bridge across Breach Inlet and running a course of 343 degrees true to a unnamed marsh island; thence following the low-water mark of the unnamed island in a northeasterly direction to the Intracoastal Waterway; thence across the Intracoastal Waterway to the north bank of the intersection of Swinton Creek and the Intracoastal Waterway; thence in a northeasternly direction along the bank of the Intracoastal Waterway to Hamlin Creek; thence 300 yards up the west bank of Hamlin Creek; thence across to the east bank of Hamlin Creek and following the creek bank to the westernmost tip of Goat Island at the Intracoastal Waterway; thence running in a northeasternly direction along the high-water mark of Goat Island to a point at latitude 32 degrees 48.5'N. and longitude 79 degrees 45.5'W.; thence running a course of 151 degrees true across the Intracoastal Waterway to the high-water mark of the Isle of Palms; and, thence following the high-water mark of the Isle of Palms to the westernmost tip of the island at the base of the bridge across Breach Inlet.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than two hundred dollars or by imprisonment for not more than thirty days.
Section 50-11-940. The property of The Belle W. Baruch Foundation in Georgetown County, other than those areas whose surface is at or below mean high tide, is designated as a bird and game refuge, and it is unlawful for any person to trap, hunt, molest, or attempt to molest in any manner any bird, wild fowl, or game, including wild hogs, within the refuge, or to trespass in any manner upon the property of the Belle W. Baruch Foundation for that purpose. Any education and research activities conducted by the University of South Carolina or Clemson University, or under the supervision of the University of South Carolina or Clemson University is not unlawful.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or be imprisoned for not more than six months, or both.
Section 50-11-950. The lands owned by Brookgreen Gardens, as an eleemosynary corporation for southeastern flora and fauna, in Georgetown County and all streams, creeks, and waters, fresh, salt or mixed, entering into the lands are established as a sanctuary for the protection of game, other birds, and animals, and any hunting, shooting, fishing, or trespassing on the lands or waters is prohibited, except such hunting and shooting as may be carried on by permission of the trustees of Brookgreen Gardens, granted at an annual meeting of the trustees. Permission for hunting and shooting is not granted by the trustees unless it is apparent to them that there is an excess of deer or other game which may cause damage to the gardens or other property owned by the trustees. The public is allowed to fish in the Atlantic Ocean from the beaches of the area and in the saltwater creeks entering into it, under such regulations as may be promulgated by the Department of Parks, Recreation and Tourism having due regard for the safety of bathers and convenience of other users of the park. The trustees of the Brookgreen Gardens Corporation or the State Commission of Forestry shall post signs along the outer boundaries of the land and at the mouths of all streams and creeks notifying the public that the area is a sanctuary and closed to hunting and fishing, except as authorized by the terms of this section.
Nothing herein abridges or curtails the rights of the department to control and permit the oyster bottoms in the area under its jurisdiction.
Any person convicted of violating the provisions of this section is guilty of a misdemeanor and subject to a fine of not less than twenty-five dollars nor more than one hundred dollars or imprisonment for not exceeding thirty days.
Section 50-11-960. The following area is designated as the Paris Mountain Wildlife Sanctuary:
Beginning on Poinsett Highway (U.S. 25 North) at its intersection with Little Texas Road and following Little Texas Road to Roe Road and thence along Roe Road to a point opposite the northwestern boundary of Paris Mountain State Park and continuing with the western and southern boundaries of said Park to State Park Road; thence continuing south on State Park Road and Paris Mountain Road to Timber Lane; thence west on Timber Lane to Tryon Avenue; thence southwest on Tryon Avenue to Crestwood Road; thence north and west on Crestwood Road to Manley Drive and continuing generally west on Manley Drive, Dreamland Way, and Jervey Road to North Parker Road; thence generally north along North Parker Road to Phillips Trail and then along Phillips Trail to the intersection with Pistol Club Road; thence along Pistol Club Road to Pilot Road; thence generally north on Pilot Road to Club View Drive and on Club View Drive to the intersection of Old Buncombe Road; thence north on Old Buncombe Road to Poinsett Highway and from there to the beginning point at its intersection with Little Texas Road.
Any person killing or maiming any bird or animal within the sanctuary is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days. Any person who kills squirrels on his own property is not subject to the provisions of this section.
Section 50-11-961. The campus of Greenville Technical College in Greenville County bounded on the north by East Faris Road, on the east by South Pleasantburg Drive (Highway 291), on the south by Cleveland Street, and on the west by the Reedy River, is designated as a bird and wildlife sanctuary.
It is unlawful for a person to trap, hunt, molest, or attempt to molest in any manner a bird or wild fowl or to molest any birds' nests or wild fowls' nests within the sanctuary, and it is unlawful for a person to trap, hunt, molest, or attempt to molest in any manner any wildlife within the sanctuary.
A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days.
Section 50-11-970. The area in Richland County consisting of the lands and waters owned by the Lake Dogwood Corporation is designated a waterfowl sanctuary. It is unlawful for any person to trap, hunt, or molest in any manner any species of duck or goose, or to molest any duck or goose nest in the refuge. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or be imprisoned for not more than thirty days.
Section 50-11-980. The lands and waters in Charleston Harbor and its adjacent estuarine system in Charleston County lying within the following boundaries are designated a wildlife sanctuary:
The area in Charleston County beginning at the foot of Station 22 " Street on Sullivan's Island, thence on a line north following Ben Sawyer Boulevard (Highway 703) into Mt. Pleasant to a point just south of Center Street where the marsh of the upper reaches of Jeanette Creek meets highland, thence turning 230 degrees southwest following a line to Pitt Street in Mt. Pleasant, thence turning northwest following Pitt Street to its intersection with Live Oak Avenue, thence northeast to Coleman Boulevard, thence following Coleman Boulevard across Shem Creek and continuing on a line 310 degrees northwest to the eastern range marker for the Drum Island Channel Range just south of Remley's Point, thence continuing northwest on the Drum Island Reach for approximately six thousand eighty feet, thence due west on a line across the Charleston peninsula for approximately seven thousand nine hundred sixty-six feet, thence turning 330 degrees northwest and continuing for approximately nine thousand six hundred forty-three feet along the east side of the Ashley River, thence turning 330 degrees northwest and continuing on a line for approximately five thousand eight hundred seventy feet, thence turning 240 degrees and continuing for approximately four thousand one hundred ninety-three feet, thence turning 134 degrees southeast and continuing approximately nine thousand six hundred forty-three feet to a point on the west bank of the Ashley River just south of the WTMA radio tower, thence turning 200 degrees south and continuing for approximately three thousand three hundred fifty-four feet along the west bank of the Ashley River, thence turning south 170 degrees for approximately three thousand seven hundred seventy-three feet, thence turning northwest 310 degrees and continuing for approximately four thousand one hundred ninety-three feet, thence turning south 190 degrees and continuing approximately five thousand thirty-one feet, thence returning east 105 degrees and continuing for approximately three thousand seven hundred seventy-three feet, thence turning south again 190 degrees and continuing for approximately two thousand five hundred sixteen feet to its intersection with Highway 61, thence turning southeast 120 degrees and continuing approximately nineteen thousand sixty-two feet to the north bank of Wappoo Creek, thence turning south 200 degrees and continuing approximately two thousand nine hundred thirty-five feet, thence turning southeast 144 degrees and continuing for approximately two thousand nine hundred thirty-five feet to a point just south of Harborview Road, thence turning east-southeast 100 degrees and continuing for approximately one thousand two hundred fifty-eight feet, thence turning southeast 130 degrees and continuing approximately one thousand six hundred seventy-seven feet, thence turning east 100 degrees and continuing for approximately four thousand one hundred ninety-three feet, thence turning northeast 30 degrees and continuing for approximately two thousand ninety-six feet, thence turning east 80 degrees and continuing for approximately one thousand two hundred fifty-eight feet, thence turning southeast 120 degrees and continuing for approximately one thousand two hundred fifty-eight feet, thence turning south 200 degrees and continuing approximately one thousand six hundred seventy-seven feet to the head of Kushiwah Creek, thence turning east-southeast 110 degrees and continuing approximately four thousand one hundred ninety-three feet, thence turning northeast 30 degrees and continuing for approximately eight hundred thirty-nine feet, thence turning northwest 320 degrees and continuing for approximately two thousand five hundred sixteen feet, thence turning north 20 degrees and continuing approximately six hundred twenty-nine feet, thence turning east-southeast 110 degrees and continuing for approximately two thousand nine hundred thirty-five feet, thence returning due north and continuing for approximately one thousand two hundred fifty-eight feet, thence turning due east and continuing for approximately three thousand seven hundred seventy-three feet along the southern edge of Charleston Harbor, thence turning northeast 60 degrees and continuing for approximately one thousand two hundred fifty-eight feet to the point at Fort Johnson, thence turning due south and continuing approximately nine thousand two hundred twenty-four feet to a point on the west bank of Schooper (Schooner) Creek, thence turning due east and continuing for approximately six thousand seven hundred eight feet across Morris Island along the dike on the north end of the spoil area, thence turning northeast 50 degrees and continuing approximately sixteen thousand three hundred fifty-one feet across the mouth of Charleston Harbor to the point of beginning on Sullivan's Island.
It is unlawful for any person to hunt, trap, molest, or to attempt to take or molest in any manner, any wild bird, bird egg, or mammal within the sanctuary. The department, its duly authorized agents, or persons with written permits issued by the department may engage in predator control, bird banding, and other scientific activities including the collection of specimens for scientific purposes intended to enhance, maintain, or further our understanding of wildlife populations within the sanctuary.
The department shall post the general outline of the sanctuary and during the nesting season shall conspicuously post bird nesting areas. Posting of bird nesting areas constitutes public notice that the areas are closed to entry. The term "molest" as used in this section includes, but is not limited to, walking upon posted lands or allowing pets to roam upon them. It is also unlawful for any person to remove or tamper with signs posted by the department pursuant to this section.
Nothing herein shall preclude the normal operations of the marine terminals and other facilities of the South Carolina State Ports Authority, or the dredging and disposal operations by the U.S. Army Corps of Engineers, South Carolina State Ports Authority, or their agents or contractors, or the normal shipping and maritime activities in the Port of Charleston.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than ninety days, or both.
Section 50-11-990. Anyone hunting or trespassing upon any land designated as a sanctuary under the provisions of this article must be fined for each offense not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
Special Depredation Permits, Collection Permits, Closing Seasons,
Section 50-11-1050. Where wildlife is destroying property, the department, upon the request of the property owner, may issue a permit authorizing the property owner, under the supervision of the department, to take action necessary to remove the destructive wildlife from his property.
Section 50-11-1060. Any person desiring to put out poison on lands belonging to such person for the purpose of poisoning predatory animals shall first obtain a permit from the department and publish the dates the poison will be put out and describe the areas where it will be placed by one notice in a newspaper published in the county in which the lands are situate. Poison may not be put out on lands in this State otherwise. Any person violating the provisions of this section is guilty of a misdemeanor and is subject to a fine of not less than twenty-five dollars nor more than one hundred dollars or imprisonment of not less than ten days nor more than thirty days.
Section 50-11-1070. Bobcats may be killed by officers of the law and by landowners upon their holdings without license at any time.
Section 50-11-1080. Whenever it appears that coyotes are destroying birds, poultry, pigs, lambs, or other property in any county in this State or there is an apparent epidemic of rabies in any county, the department, upon the written request of a majority of the legislative delegation of any such county, shall declare an open season on coyotes, with the use of firearms, in the county suffering from the destruction and for such time as the delegation may consider desirable.
Section 50-11-1090. The department has the authority during any season of the year to permit the taking of any game animal and prescribe the method by which they may be taken when they become so numerous that they cause excessive damage to crops and property. Any animal taken under these conditions is under the supervision of the department. Any deer killed under these conditions must be given to eleemosynary institutions.
Section 50-11-1105. The department may declare a closed season for not over ten days at any one time in any area in the State when it appears on account of abnormal conditions that deer or other game cannot protect themselves. The department shall give notice of the closed season so declared by publication in at least two daily newspapers and in a newspaper of the county or counties in which the closed season is declared if the county has a newspaper, stating the length or period of the closed season. Any person found hunting with firearms, bows and arrows, or other game-taking devices, or dog within the restricted territory during a closed season so declared is guilty of a violation of the provisions of this section, regardless of whether he has or has not killed or taken any game. The penalty for a violation of the provisions of this section is a fine of not less than one hundred dollars nor more than two hundred dollars or imprisonment for not less than thirty days.
Section 50-11-1110. When in any county of the State there exist abnormal conditions that might affect the supply of game or there is an abnormal scarcity of game, the department, upon the written request of a majority of the legislative delegation, including the Senator, from such county, may shorten or close the open season for hunting in any such county. The department shall give notice of the closed or shortened season by publication in at least two daily newspapers and in a newspaper of the county in which the closed or shortened season is declared, stating the length of the closed or shortened season. Any person found hunting with gun or dog within the restricted territory during a closed season so declared, is guilty of a violation of the provisions of this section, regardless of whether he has killed any game or not. The penalty for violation of the provisions of this section is a fine of not less than twenty-five dollars nor more than one hundred dollars or imprisonment for not less than thirty days.
Section 50-11-1120. Whenever it appears that foxes are destroying birds, poultry, pigs, lambs, or other property in any county in this State or there is an apparent epidemic of rabies in any county, the department, upon the written request of a majority of the legislative delegation of any such county, shall declare an open season on foxes, with the use of firearms, in the county suffering from the destruction and for so long as the delegation considers desirable.
Section 50-11-1130. Raccoons and squirrels may be killed by owners of property from July fifteenth to the regular open season on them if these animals are destroying crops.
Section 50-11-1140. The United States Fish and Wildlife Service may allow the hunting of antlered and antlerless deer by those holding proper hunting licenses of this State on any sea island within any federally owned or controlled game reserve, national park, or game refuge during the open season for deer hunting under the laws of this State, whenever the officials of the United States Fish and Wildlife Service determine that the deer population of the island exceeds that which can properly maintain itself on any island. The United States Fish and Wildlife Service shall notify the department, in writing, at least ten days prior to allowing such hunting, of the opening and shall also advertise it at least once in a newspaper of general circulation in the coastal area of the State at least one week before any hunting is permitted.
Section 50-11-1150. When directed by the department, its employees may trap, by the use of steel or other traps, fox, wildcat, bobcat, wolf, coyote, skunk, raccoons, and any other predatory animals on any lands owned by the State or any of its boards, commissions, officers, institutions, or agencies and on cooperative wildlife management areas within the United States Forest Service lands.
Section 50-11-1160. The employees of the United States Fish and Wildlife Service and those employees of the United States or the agencies thereof in charge of any national park, game reserve, or game refuge also have the right to trap predatory animals within the confines of such national park, game reserve, or game refuge.
Section 50-11-1170. [Until July 1, 1994, this section reads as follows:]In order to more effectively control predatory animals, the employees of the Department of Game shall cooperate with the employees of the United States and its agencies in trapping programs and may accept aid and advice from federal employees.
[From and after July 1, 1994, this section will be entitled "Department to cooperate with United States government to control predatory animals" and reads as follows:]In order to more effectively control predatory animals, the employees of the department shall cooperate with the employees of the United States and its agencies in trapping programs and may accept aid and advice from federal employees.
Section 50-11-1180. [Until July 1, 1994, this section reads as follows:]For purposes of this section:
(a) "Take" means to harass, hunt, capture, or kill.
(b) "Protected wildlife" means any wildlife, part, product, egg, offspring nest, dead body, or part thereof which is managed or protected or the taking of which is specifically regulated by the department.
Permits may be granted by the department to any properly accredited competent person permitting him to collect protected wildlife for strictly scientific or propagating purposes only. No permit is required for the collecting or taking of nonprotected wildlife. Applications for a permit must be made to the director of the appropriate division who shall investigate the applicant and the project or program for which the collection is to be made. The application must be accompanied by a payment of a ten-dollar fee to cover the cost of the examination and the issuing of the permit. If the department considers the applicant to be qualified and the program or project to be necessary or desirable, it shall issue a permit which expires on December thirty-first of the year in which it is issued. Permits may be renewed for one year upon application and the payment of a ten-dollar renewal fee if the department determines the applicant and the program or project is still qualified. Permits are not transferable but any student assistant working under the direct supervision of the permittee in collecting activities may participate under the permit. All collecting or taking must be conducted so as to adhere to recognized scientific methods. Wherever practicable, data, results, and specimens must be made available to the public upon request. The permittee shall submit a report at the end of the permit period of the specimens collection and of other information as may be included on the report form, which must be furnished by the department. Collecting permits for endangered species must be issued only in accordance with Section 50-15-50. The provisions of Section 50-17-70 are not superseded by the provisions of this section.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in an amount of not less than twenty-five dollars nor more than one hundred dollars or imprisoned for a term not to exceed thirty days and any permit issued to that person is revoked.
[From and after July 1, 1994, this section reads as follows:]For purposes of this section:
(a) "Take" means to harass, hunt, capture, or kill.
(b) "Protected wildlife" means any wildlife, part, product, egg, offspring nest, dead body, or part thereof which is managed or protected or the taking of which is specifically regulated by the department.
Permits may be granted by the department to any properly accredited competent person permitting him to collect protected wildlife for strictly scientific or propagating purposes only. No permit is required for the collecting or taking of nonprotected wildlife. Applications for a permit must be made to the department which shall investigate the applicant and the project or program for which the collection is to be made. The application must be accompanied by a payment of a ten-dollar fee to cover the cost of the examination and the issuing of the permit. If the department considers the applicant to be qualified and the program or project to be necessary or desirable, it shall issue a permit which expires on December thirty-first of the year in which it is issued. Permits may be renewed for one year upon application and the payment of a ten-dollar renewal fee if the department determines the applicant and the program or project is still qualified. Permits are not transferable but any student assistant working under the direct supervision of the permittee in collecting activities may participate under the permit. All collecting or taking must be conducted so as to adhere to recognized scientific methods. Wherever practicable, data, results, and specimens must be made available to the public upon request. The permittee shall submit a report at the end of the permit period of the specimens collection and of other information as may be included on the report form, which must be furnished by the department. Collecting permits for endangered species must be issued only in accordance with Section 50-15-50. The provisions of Section 50-17-70 are not superseded by the provisions of this section.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in an amount of not less than twenty-five dollars nor more than one hundred dollars or imprisoned for a term not to exceed thirty days and any permit issued to that person is revoked.
Section 50-11-1200. The department may grant operating licenses for shooting preserves which are privately owned and operated under the terms and provisions as provided in this article. Shooting preserves may not be established for the purpose of extending the regular hunting seasons for native species.
Section 50-11-1210. No new preserve may be licensed by the department without the approval of the majority of the legislative delegation of the county in which such preserve is to be located.
Section 50-11-1220. The annual fee for obtaining a shooting preserve operator's license is two hundred dollars for the first one hundred acres of shooting preserve area, plus fifty dollars for each additional one hundred acres or part thereof.
Section 50-11-1230. [Section repealed]
Section 50-11-1240. In order to be licensed as a shooting preserve operator, the operator must own or lease a minimum of one hundred contiguous acres, including water areas. The preserve is restricted to not more than one thousand, five hundred contiguous acres. Proof of ownership or leasehold interest and accurate maps or plats identifying the proposed area must accompany all applications. Shooting preserves may be approved by the department to release pen-raised turkeys but those preserves are restricted to not less than ten thousand contiguous acres owned by the operator. Shooting preserves approved by the department to release pen-raised turkeys must apply for a permit annually and pay a fee of ten thousand dollars in lieu of the fees required by Section 50-11-1220. Nonresident big game permits are not required on those specially licensed shooting preserves.
Section 50-11-1250. Shooting preserve operators shall maintain a clearly defined boundary on which signs designating the area as a shooting preserve must be posted at intervals of one hundred fifty feet or less. Construction of a fence, as prescribed by the department, along the boundaries of the preserve may be required.
Section 50-11-1260. All state residents who hunt or shoot on shooting preserves are required to have appropriate hunting licenses and permits in accordance with wildlife laws and regulations. Nonresidents must possess a regular nonresident license and all applicable permits. When shooting a species for which the preserve is licensed a special nonresident shooting preserve permit may be used.
Section 50-11-1270. Legal shooting preserve species are:
(1) pen-raised bobwhite quail, pheasants, Chukars, and other species designated by the department; and
(2) pen-raised mallards that conform to United States Fish and Wildlife Service standards and regulations.
Section 50-11-1280. No shooting preserve may be licensed to release pen-raised ducks in Game Zones 7 and 9.
Section 50-11-1290. The shooting season is a consecutive six-month period, beginning October first and ending the following April first.
Section 50-11-1300. There is no bag limit on species designated as shooting preserve species.
Section 50-11-1310. [Section repealed]
Section 50-11-1320. [Section repealed]
Section 50-11-1330. All harvested game must be tagged before removal from a shooting preserve and the tags must remain affixed until the game is prepared for consumption. If species of game are packaged in bundles one tag is sufficient for the bundle, but the number of carcasses in the bundle must be recorded on each tag.
Section 50-11-1340. The department shall furnish no game for the stocking of any preserve provided for by this article.
Section 50-11-1350. A licensed shooting preserve operator may apply to the department for a permit to operate a quail call pen trap for the purpose of recovering any quail that are not killed. Bird dog field trials sanctioned by nationally recognized field trial associations may apply for a special field trial permit which provides for the release and shooting of designated species outside of the normal season and during the field trial event only.
Section 50-11-1360. All animals held in captivity at a shooting preserve must be confined in cages constructed of material of a strength appropriate for that particular species. The cage facility must be structurally sound and must be maintained in good repair to protect the animals from injury, to minimize the possibility of escape, and to prevent entrance by other animals.
Section 50-11-1370. Proper care must be given to all penned animals to assure:
(1) Clean water is provided as necessary.
(2) Food is wholesome, palatable, and free from contamination.
(3) Animals are provided adequate cover and bedding to assure the safety of the animals during adverse environmental conditions.
(4) Excreta are removed from cages or enclosures as often as necessary to prevent contamination of the animals.
(5) An effective program for the control of insects, parasites, and avian and mammalian pests is established and maintained.
(6) Animals with a propensity to fight or which are otherwise incompatible are kept segregated.
Section 50-11-1380. Vehicles used in transporting animals must be mechanically sound and equipped to provide adequate fresh air, when moving or stationary.
Each shooting preserve operator shall maintain a registration book listing names, addresses, and hunting license numbers of all hunters, the dates on which they hunted, the amount and types of game and designated shooting preserve species harvested and tag numbers affixed to each carcass or container. The operator also shall maintain a record of the number of each species of game raised or purchased and the number released and other records which the department may designate. The records may be inspected by an authorized member of the department or a person it may designate or employ at any time. Operators must furnish the department a copy of the records within sixty days after the end of the hunting season on the preserve.
Section 50-11-1400. The violation of any of the sections of this article is a misdemeanor. The manager, owner, or licensee, or any of them, of any shooting preserve provided for in this article is responsible for any violation of this article and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than two hundred dollars or imprisoned for not less than fifteen days nor more than thirty days and the license of the preserve must be revoked, within the discretion of the department. The preserve is not eligible for another license during the calendar year, nor thereafter, except on terms and conditions prescribed by the department.
Section 50-11-1410. The operation of a shooting preserve as provided for in this article without a license is a misdemeanor and, upon conviction, the operator must be fined not less than two hundred dollars nor more than five hundred dollars or be imprisoned not less than thirty days nor more than six months.
Section 50-11-1420. A "pen-raised quail" is one which has been hatched from an egg laid by a quail and subsequently wholly raised and confined in a pen or coop.
Section 50-11-1430. With the approval of the department, any person may engage in the business of propagating pen-raised quail for commercial purposes upon compliance with this article.
Section 50-11-1440. A commercial quail breeder's license first must be obtained from the department. The license may be purchased at any time and is good only for the fiscal year, July first through June thirtieth, in which it is issued. The license fee is five dollars, and each license must be numbered by the department.
Section 50-11-1450. The keeper of a hotel, restaurant, boardinghouse, or club may sell pen-raised quail for food to be consumed on the premises and is not required to hold a license therefor.
Section 50-11-1460. The department, when it has evidence that any breeder is violating the intent of this article and is not cooperating with the department in a desirable manner, may revoke the breeder's license and may refuse to issue the license and seals or tags to the breeder. Where a person has a record of game violations, the department may refuse to issue the breeder's license.
Section 50-11-1470. Any person complying with this article may sell live pen-raised quail for propagating purposes or may sell the carcasses of the pen-raised quail for any purpose, including sale for food.
Section 50-11-1480. Before being offered for sale other than alive or for propagation purposes or shipped within the State, all packages or bags of pen-raised quail carcasses must be labeled, marked, or stamped, in such a way so as to give the following information: the hatchery in which the quail is produced, its location, and address. This information must not be removed from the package or bag of quail except by the ultimate consumer. In addition, the hatchery is required to keep accurate records of all sales of pen-raised quail and to make these records available for inspection upon request by the department.
Section 50-11-1490. When any pen-raised quail is sold or shipped into this State, the shipper or seller shall furnish the department with a copy of the invoice showing the number of the quail so shipped or sold and to whom the quail was shipped or sold. Any pen-raised quail sold or shipped in violation of this section is subject to confiscation by the department.
Section 50-11-1500. All pen-raised quail offered for sale must be killed otherwise than by shooting.
Section 50-11-1510. It is unlawful to trap wild quail for the purpose of obtaining birds to be pen-raised or to obtain wild quail eggs to be pen-raised or hatched.
Section 50-11-1530. Any person violating any of the provisions of this article is guilty of a misdemeanor and, upon conviction, must be punished by a fine of two hundred dollars or thirty days' imprisonment for each offense and shall forfeit his license and tags and may not secure any additional license during that year.
Section 50-11-1700. It is unlawful to keep any of the birds or animals forbidden to be sold by the terms of Sections 50-11-1910 and 50-11-1940 in cold storage or refrigerating plants, except in a private dwelling, unless the bird or animal in cold storage, or the package containing it, bears the name and address, the serial number, and the class of the hunting license of the owner of the bird or animal. Any person violating this section must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned one day for each dollar fined or unpaid, either or both.
Section 50-11-1710. It is unlawful for any transportation company to receive for shipment any of the game birds or animals of the State, except in season and unless the package containing them is so labeled as to show the consignor or consignee and the number and kind of birds or animals.
Section 50-11-1720. No person shall knowingly receive for transportation beyond the limits of this State, so transport, cause to be so transported, or have in his possession with the intent to so transport or secure transportation any partridge, grouse, wild turkey, snipe, woodcock, or other game bird or game animal which has been killed or captured in this State except as permitted by Sections 50-1-110, 50-11-1710, and 50-11-1730, and the receipt, transportation, or possession or the causing or securing of transportation of each bird or game animal so killed or captured constitutes a separate offense. The provisions of this section do not apply to common carriers into whose possession birds or game come in the regular course of their business for transportation while they are in transit through the State from any place without the State. Nothing herein prohibits persons from having in their possession for the purpose of domestication and propagation any birds or animals.
Section 50-11-1730. It is lawful for any landowner or licensee to ship or carry beyond the limits of this State during any one week not over the bag limit for one day, as provided by law, of any domestic game birds or animals, when he has conformed to the regulations prescribed by the department under this section. Any landowner or licensee desiring to ship domestic game birds or animals beyond the limits of the State during the open season for such game birds or animals shall make application to the department, giving location of property and class and serial number of license held, and, upon the application, if it appears to the department that the shipment is for private, personal, or charitable use and not for sale of the game birds or animals, it may issue to the applicant a tag or label for use in shipping the game birds or animals. The tag or label must be of a design and in a form the department prescribes. Any person shipping or receiving for shipment beyond the limits of the State any domestic game birds or animals in violation of the provisions of this section is liable to a fine of not less than fifty dollars nor more than one hundred dollars or imprisonment for thirty days for each offense.
Section 50-11-1740. It is lawful for a person to ship during any one week not over the bag limit for two days, as provided by law, of any domestic game birds or animals to any private address in this State when he has conformed to the regulations prescribed by the department under Section 50-11-1750.
Section 50-11-1750. Any person so desiring to ship domestic game birds or animals during the open season for these game birds or animals or within five days after the closing of the season shall make application to the department and upon the application, if it appears that the shipment is for private and personal use and not for the sale of the game birds or animals, the department shall issue to the applicant a tag or label for use in shipping the game birds or animals. The label must be of a design and in a form the department prescribes.
Section 50-11-1760. It is unlawful to bring a coyote into the State in any manner, except one brought into the State and kept in captivity for exhibition purposes, or to release a coyote within the State. Any violation of this section is punishable by imprisonment for not more than one year or by a fine not exceeding five hundred dollars.
It is lawful for any person to trap or kill any coyote in this State at any time, but a permit must be obtained from the department before trapping coyotes outside the trap distance limits as prescribed in Section 50-11-2410.
Section 50-11-1765. It is unlawful to sell live wolves or coyotes within the State or to ship or import live wolves or coyotes into this State, except for exhibition or scientific purposes upon the approval of the department as provided by regulations promulgated by the department. A person may not have a live wolf or coyote in his possession without a permit issued by the department.
Section 50-11-1770. It is lawful to sell and ship live foxes within the State.
Section 50-11-1910. It is unlawful to buy or sell, offer for sale, barter, or have in possession for sale any deer or part of a deer except the hide of legally taken deer. Hides from legally taken deer may be bought, sold, or bartered during the earliest open season for the taking of deer and for thirty calendar days following the end of the latest deer season. For a violation of this section, upon conviction, the guilty party for a first offense must be fined not less than one hundred dollars nor more than three hundred dollars or be imprisoned for not more than thirty days; for a second offense within three years of the date of conviction for a first offense, the person must be fined not less than three hundred dollars nor more than five hundred dollars or be imprisoned for not more than thirty days; for a third offense within three years of the date of conviction for a first offense, the person must be fined one thousand dollars or be imprisoned for not more than sixty days.
Section 50-11-1920. The proprietor of any eating establishment who sells or offers for sale venison is guilty of a misdemeanor and, upon conviction, must be punished as for a violation of Section 50-11-1910. The provisions of this section do not apply to private functions.
Section 50-11-1930. It is unlawful to buy or sell, expose for sale, or have in possession for sale or barter any willet or dove.
Section 50-11-1940. It is unlawful for any person to buy or barter for sale any wild quail within this State. Any person violating this section must be fined twenty-five dollars for each quail so bought or sold or imprisoned for not more than thirty days for each quail so bought or sold.
Section 50-11-1950. It is lawful for anyone to own, possess, control, sell, or otherwise dispose of pheasant eggs within this State or to sell or otherwise dispose of the eggs beyond the borders of the State, under regulations promulgated by the department.
Section 50-11-2100. The department shall promulgate regulations to permit and regulate field trials during the year including the closed season.
A person violating the provisions of these regulations is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days for each offense.
Section 50-11-2110. In Game Zone 9 field trials may be conducted from January first through January fifteenth of each year. If a permit is required to sponsor the field trial, the permit must be issued by the department upon written request by the organized sponsoring association's designated officer.
Section 50-11-2200. It is unlawful to hunt deer on land designated as wildlife management areas within three hundred yards of a residence. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
Section 50-11-2210. The abuse of wildlife management area land and improvements thereon is unlawful. Any person who damages or destroys wildlife management area land or improvements on them including, but not limited to, roads, vegetation, buildings, structures, or fences or leaves refuse, trash, or other debris on the property or sets, makes, or builds a fire except in an area specially designated by the department or landowner as a campfire area is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars and be required to make restitution to the landowner in an amount determined by the court to be necessary to repair, rebuild, restore, or clean up the property to its condition before the abuse occurred. Any person failing to make restitution within the time limit set by the court shall serve a mandatory ten-day sentence in the county jail which may not be suspended in whole or in part. The provisions of this section are in addition to other criminal penalties.
Section 50-11-2220. Any person violating the provisions of Section 50-11-2210, in addition to the penalties prescribed, shall lose the privileges of entering onto wildlife management area land for one year. Any person convicted twice within a three-year period of a violation of Section 50-11-2210 or within the same period of time convicted twice of unlawful commercial hunting or fishing on wildlife management area lands, in addition to the penalties prescribed in Section 50-11-2210, is forever barred from obtaining a Wildlife Management Area permit and shall lose his right to hunt and fish within the State for one year. The provisions of this section are in addition to other criminal penalties.
Section 50-11-2230. Before any person may lease property to the Wildlife Management Area Program, there must be either public or private access to the property available for use by individuals hunting the property under the program during the term of the lease.
Section 50-11-2240. Hunting for deer in all department game management areas in Game Zone 5 is subject to regulation as provided for in Game Zone 4.
Section 50-11-2300. There is created an Operation Game Thief Program to be funded by:
(1) monies authorized from the county game fund of the state treasury not to exceed thirty thousand dollars annually;
(2) monies received from donations to the fund, which must be used for general program purposes. The donor may not specify the purposes for which the donation must be used;
(3) monies appropriated by the General Assembly for the purposes provided in this article.
Section 50-11-2310. Funds from the Operation Game Thief Program may be expended only for the following purposes:
(1) the financing of reward payments to persons other than law enforcement officers, department personnel, and members of their immediate families responsible for information leading to the arrest of any persons for unlawfully taking, wounding or killing, possessing, transporting, or selling wildlife and attendant acts of vandalism. The board shall establish the schedule of rewards to be paid for information received and payment must be made from funds available for this purpose;
(2) the financing of a statewide telephone reporting system under the name of "Operation Game Thief" established under the direction of the board;
(3) the promotion of public recognition and awareness of the Operation Game Thief Program.
Section 50-11-2320. The Operation Game Thief Program funds must be expended in conformity with the laws of the State, except that any monies appropriated by the General Assembly or received from donations must be used before monies from any county game fund are used. Balances remaining at the end of the fiscal year are exempt from the provisions of law relating to lapsing of appropriations.
Section 50-11-2400. For the purpose of this article:
(a) "furbearing animal" includes red and gray fox, raccoon, opossum, muskrat, mink, skunk, otter, bobcat, weasel, or beaver;
(b) fur buyer" means any person who purchases any whole furbearing animal, raw or green furs, pelts, or hides;
(c) "take" means to shoot, wound, kill, trap, capture, or collect, or attempt to shoot, wound, kill, trap, capture, or collect;
(d) "commercial purposes" means taking or possessing any fur, pelt, hide, or whole animal for exchange, sale, trade, or barter and taking or possessing more than five furs, pelts, hides, or whole animals is taking for commercial purposes;
(e) "trapper" means any person who takes or attempts to take animals by trapping;
(f) "trap" means any device, other than a weapon, designed or constructed for taking animals;
(g) "foot-hold trap" means a steel-jawed, spring-loaded device designed to capture the animal by the foot;
(h) "live trap" means any box or cage designed for capturing and holding any animal unharmed;
(i) "processor" means any person engaged in tanning or dressing furs, pelts, or hides of furbearing animals for commercial purposes;
(j) "transfer" includes selling, bartering, exchanging, and transporting.
Section 50-11-2410. It is unlawful for any person to sell, make, or use a foot-hold trap or any like device within this State. This prohibition does not apply to foot-hold traps of a size number three or smaller made, sold, or used by the owner, leaseholder, or owner's employee for the protection of property when the devices are set within two hundred yards of the person's residence or within twenty-five yards of any poultry house, nor does this section apply to merchants who have such traps for sale outside this State.
The use of body gripping traps of the Conibear type may be used without bait or scents for vertical water sets and vertical slide sets only.
It is lawful to use foot-hold traps of a size number two or smaller for land sets and a size number three or smaller for water sets in Game Zones 1, 2, 3, 4, 6, 7, 10, and 11 inclusive. The use of foot-hold traps in Game Zones 5, 8, and 9 may be allowed with the approval of the majority of the legislative delegation for the game zone involved. The legislative delegations for any game zone may elect to restrict the use of the foot-hold trap and the Conibear trap, except when it is used as permitted in the preceding paragraph, by a majority vote. A petition signed by the members allows or prohibits the use of foot-hold traps. The petition must be forwarded
to the department. The initiative for the petition must originate with the members of the delegations for the respective game zone. The approval or repeal remains in effect for no less than one year.
Section 50-11-2415. It is lawful to use rubber padded steel foot-hold traps of a size number two or smaller for land sets for the capture of live fox in Game Zone 9.
Any other furbearing animal so captured must be immediately released.
Section 50-11-2420. In addition to a valid state hunting license, a commercial fur license is required of all persons who sell or take by any means, except trapping, furbearing animals for commercial purposes and all persons who trap or who attempt to trap any furbearing animals. The license is issued by the department at a cost of ten dollars for residents and one hundred dollars for nonresidents. The license is valid for the fiscal year for which issued. Any person taking animals under authority of a commercial fur license shall carry the license on his person. Any person having in his possession more than five furbearing animals or pelts shall have a valid commercial fur license. The provisions of this section do not apply to a processor, manufacturer, or retailer.
Section 50-11-2430. Any person engaged in the act of trapping shall have proof that he is the owner of the property on which the traps or devices are set or carry on his person written permission to use the property for trapping.
Section 50-11-2440. A trapper shall visit his traps daily and remove any animal caught but no trapper may visit any trap at night and no trap may be set "in the open" or in paths, roadways, or runways commonly used by persons or domestic animals.
Section 50-11-2445. It is unlawful for any person, other than the owner of the trap to remove any lawfully trapped wildlife from any legally set trap. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned for no more than thirty days.
Section 50-11-2450. Any person required to be licensed under Section 50-11-2420 shall report to the department by April fifteenth of each year the number and type of furbearing animals taken, sold, or shipped, together with the names and addresses of persons to whom sold or shipped using forms as the department may prescribe. Any person failing to report by April fifteenth of each year shall, on the second offense, be denied a license for the following fiscal year.
Section 50-11-2460. The following traps are allowed for trapping in accordance with an approved commercial fur license:
(1) body gripping traps (generally known by the brand name "Conibear") as provided in Section 50-11-2410;
(2) live traps;
(3) foot-hold traps as provided in Section 50-11-2410.
All other traps, including "deadfall" traps, are unlawful unless expressly authorized by the department by regulation.
All traps must bear the owner's name and address either directly thereon or by an attached identification tag.
Section 50-11-2470. Any person other than a retailer of finished fur or manufacturer of finished furs, pelts, hides, similar articles, or parts of them who buys furs, pelts, hides, whole furbearing animals, similar articles, or parts of them in this State is required to have a fur buyer's license. The license is issued by the department at a cost of one hundred dollars for residents and two hundred dollars for nonresidents. The license is valid for the fiscal year in which issued. Any person transacting business under authority of such a license shall carry that license on his person.
Section 50-11-2475. Any fur processor engaged in processing the hides of furbearing animals is required to obtain a processor's license. The license is issued by the department at a cost of five hundred dollars. The license is valid for the fiscal year in which it is issued. A taxidermist who possesses any fur, pelt, hide, or whole furbearing animal legally owned by another person, which he is temporarily holding for the purpose of processing, is not required to obtain this license. All processors shall keep a daily register showing the name and address of each person from whom the fur, pelt, hide, or whole furbearing animal is received, the number of each species, and the date and place of origin. All processors shall report the information to the department not later than June thirtieth of each year.
Section 50-11-2480. The following persons are not required to obtain the license provided for in Section 50-11-2470:
(1) a person who acquires not more than five furs, pelts, hides, or whole animals for his own personal use during one season and not for barter, exchange, or sale;
(2) a person licensed under Section 50-11-2475 as a processor;
(3) a taxidermist who possesses a fur, pelt, hide, or whole furbearing animal legally owned by another person which he is holding temporarily solely for the purposes of processing;
(4) a person acquiring furbearing animal carcasses without hides;
(5) a person who owns a fox hunting enclosure and who is permitted annually by the department to purchase live foxes for release into his pen. The foxes must be obtained from a South Carolina licensed commercial trapper and may be obtained only if the foxes were taken lawfully in this State. Record of fox purchases or transfers must be reported annually on forms provided by the department.
Section 50-11-2490. All fur dealers, buyers, and processors, other than retailers, shall keep a daily register on forms provided by the department showing the name and address of each person from whom any furs are purchased, the number of his commercial fur license, and the number and types of furs, pelts, or hides purchased. Not later than the tenth day of each month, all dealers, buyers, and processors shall furnish the department all of the daily register sheets for the previous month. Any fur, pelt, or hide not properly tagged or logged when examined by the department is declared contraband and must be confiscated by the department.
Section 50-11-2500. Any person desiring to hold fur more than thirty days after the end of the regular season for taking furbearers shall apply to the department for a permit at no cost to hold the fur. The applications for the permits must contain an itemized list of furs to be held along with their fur tag numbers. The possession of any raw or green fur, pelt, or hide of any furbearing animal more than thirty days after the end of the regular season for taking furbearers other than provided for in this section is illegal.
Section 50-11-2510. Any person required to be licensed pursuant to Section 50-11-2420 who takes any furbearing animal must tag the fur, pelt, hide, or whole furbearing animal at the time the fur is removed from the carcass or in the case of a whole animal at the time the whole animal is stored or before it is sold, whichever occurs first. The tags must be sold by the department according to the following fee schedule:
bobcat $2.00
otter 2.00
mink 1.00
gray fox 1.00
red fox 1.00
weasel 1.00
beaver .25
raccoon .50
skunk .25
muskrat .25
opossum .25
The tags must be of a type and size the department prescribes. The tags must be securely attached and may not be removed until the time of processing. Any fur, pelt, hide, or whole animal which does not have a tag attached as required by this section or that is unlawfully tagged is declared contraband and must be confiscated. Unused tags must be returned to the department by April fifteenth of each year. Full refund must be given for unused tags returned by April fifteenth. Tags may only be used for the specific species for which they are issued and they must be numbered consecutively. These tags are nontransferable and may not be altered in any manner. The department may limit the number of tags for each species and the area in which they may be used. Furbearing animals taken live to be sold as live animals are not required to be tagged.
Section 50-11-2515. Except as otherwise permitted in this article, it is unlawful to possess, acquire, or transfer any untagged fur, pelt, hide, or whole animal. Any person convicted of a violation of this section is guilty of a misdemeanor and must be punished as provided in Section 50-11-2560. Each fur, pelt, hide, or whole animal found untagged or unlawfully tagged constitutes a separate offense.
Section 50-11-2520. All enforcement officers and any other employee of the department designated by the board, at any and all reasonable hours, may inspect the business premises and records required by this article of any person licensed under this article to ensure compliance.
The license of any licensee who refuses to allow promptly an inspection authorized under this section is subject to immediate revocation.
Section 50-11-2530. The department may confiscate all traps and devices, furs, pelts, hides, and whole animals which are illegally possessed, tagged, or used. Where the department has no storage facilities for perishable items such as furs, it may sell them at a reasonable price and hold the proceeds pending the final outcome of the case. Upon conviction of the owner, any traps, devices, furs, pelts, hides, or whole animals being held may be disposed of as determined advisable by the department and any proceeds resulting from the sale must be used for the propagation and protection of game.
Section 50-11-2540. It is lawful to trap furbearing animals for commercial purposes from January first to March first of each year. The trapping season may not exceed sixty days each year under any circumstances. It is unlawful to trap any other times unless authorized by the department. It is lawful to take furbearing animals by other lawful means during the general open hunting seasons established therefor.
Section 50-11-2550. Any person shipping or transporting or attempting to ship or transport untanned furs, pelts, hides, or whole furbearing animals out of this State shall first obtain a permit from the department. The department may designate an enforcement officer or other representative in each county to inspect the shipment and issue the permit.
Section 50-11-2560. Any person violating the provisions of Section 50-11-2410, 50-11-2420, 50-11-2470, 50-11-2475, 50-11-2490, or 50-11-2515 is guilty of a misdemeanor and, upon conviction, must be fined not less than three hundred dollars nor more than one thousand dollars, or imprisoned for not more than sixty days for each violation. In addition, upon conviction, the department shall suspend the fur buyer's license for one year from the date of the conviction.
Section 50-11-2565. Any person violating the provisions of this article unless otherwise specified in Section 50-11-2560 is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars, or imprisoned for not more than thirty days for each violation.
Section 50-11-2570. (A) The department may issue special permits, at no cost to the applicant, for the taking, capturing, or transportation of a furbearing animal or another game animal which is destroying or damaging private or public property, timber, or growing crops so as to be a nuisance or for scientific or research purposes.
(B) The permit provided in subsection (A) is not required by the property owner or his designee when capturing furbearing animals or squirrels within one hundred yards of the owner's home when the animal is causing damage to the home or the owner's property. An animal captured pursuant to this subsection must be destroyed or with a department permit may be relocated.
Section 50-11-2575. The department may issue special depredation permits, at no cost to the applicant, to allow the use of snares for beavers in water-sets.
Section 50-11-2580. [Section repealed]
Section 50-11-10. As used in this chapter:
(1) '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.
(2) 'Archery equipment' means either longbow, recurve bow, or compound bow which is hand held and drawn, which does not have a stock or mechanical cocking or locking device, and which uses fletched arrows. Archery equipment does not include crossbows and darts or other shafts except as permitted by department regulation.
(3) 'Bait' means corn, wheat, or other grain or other foodstuffs or artificial or synthetic food substances which constitute a lure, or an attraction, or enticement for wildlife, provided 'bait' does not include artificial or natural scents and salts.
(4) 'Baiting' means placing, distributing, or scattering 'bait' on or over any area.
(5) 'Baited area' means an area where 'bait' is directly or indirectly placed, exposed, distributed, or scattered. An area remains a 'baited area' for ten days following complete removal of all 'bait'.
(6) 'Big game species' means white-tailed deer, eastern wild turkey, and black bear.
(7) 'Birds of prey' means all hawks, eagles, falcons, kites, kestrels, ospreys, owls, and vultures.
(8) 'Day' means, unless otherwise clearly stated, the time between one-half hour before sunrise one day and one-half hour before sunrise the following day.
(9) 'Exotic species' means those species not indigenous to the North American Continent.
(10) 'Furbearing animals' means beaver (Castor canadensis), bobcat (Felis refus), coyote (Canis latrans), gray fox (Urocyon cinereoargenteus), longtail weasel (Mustela frenata), mink (Mustela vison), muskrat (Ondatra zibethicus), opossum (Didelphis virginiana), raccoon (Procyon lotor), red fox (Vulpes vulpes), river otter (Lutra canadensis), striped skunk (Mephitis mephitis), and spotted skunks (Spilogale putorius).
(11) 'Night' means, unless otherwise clearly stated, the time between one-half hour after official sunset of a day and one-half hour before official sunrise the following day.
(12) 'Nongame animal' means all wild animals not classified as game animals.
(13) 'Nonnative animals' means those animals found on the North American Continent but which are not protected or controlled as native species of this State.
(14) 'Pen-raised quail' means those which have been raised in confinement.
(15) 'Pole trap' means a vertical pole, elevated perch, or platform, with an attached foothold trap, snare, or other device capable of taking wildlife.
(16) 'Preserve' means an area maintained and protected to provide hunting and fishing opportunities.
(17) 'Primitive firearm' means a muzzle-loading rifle or shotgun, .36 caliber or larger, without magnified sights which uses a separately fitted percussion cap or flint stone for ignition and which uses only black powder or only black powder synthetic as a propellant charge. 'Primitive firearm' does not include pistols or revolving rifles.
(18) 'Primitive weapons' means archery equipment and primitive firearms.
(19) 'Protected wildlife' means any wildlife, part, product, egg, offspring, nest, carcass, or part thereof which is protected by law, or the taking or hunting of which is specifically regulated by any law or department guidelines.
(20) 'Sanctuary' means an area where wildlife is sheltered and may not be hunted, taken, or otherwise molested.
(21) 'Small game animals' means furbearing animals and bobwhite quail (Colinus virginianus), ruffed grouse (Bonasa umbellus), cottontail rabbit (Sylvilagus floridanus), marsh rabbit (Sylvilagus palustris), swamp rabbit (Sylvilagus aquaticus), gray squirrel (Sciurus carolinensis), and southern fox squirrel (Sciurus niger niger).
(22) 'Take' means to reduce to possession by any act or method, injuring or killing in an attempt to take, and the unlawful destruction of nests, dens, or other critical habitat necessary for the propagation of the species.
(23) 'Wildlife' means a wild mammal, bird, reptile, amphibian, fish, mollusk crustacean, or other wild animal or product, egg, offspring, or body part thereof.
Section 50-11-20. For purposes of this chapter, 'conviction' means adjudication at trial, forfeiture of bail, a plea of guilty, or nolo contendere.
Section 50-11-30. (A) It is unlawful to hunt, take, or attempt to take wildlife in violation of this title.
(B) Except as otherwise allowed in this title, it is unlawful to hunt, take, possess, or attempt to take wildlife out of season.
(C) It is unlawful to exceed the bag limits set by this chapter.
(D) It is unlawful to possess, or transport, or attempt to possess, or transport any wildlife or part thereof in violation of the provisions of this title.
(E) Except as otherwise provided, a violation of this chapter is a misdemeanor and any person violating this chapter, upon conviction, must be fined not more than five hundred dollars or imprisoned for up to thirty days.
Section 50-11-40. Except coyotes, furbearing animals, and crows, it is unlawful to hunt or take or attempt to take any wildlife by the use or aid of recorded calls or sounds or recorded imitations of calls and sounds or electronically amplified calls or sounds or electronically amplified imitation of calls or sounds. Recorded calls or sounds or recorded imitations of calls and sounds or electronically amplified imitations of calls or sounds may not be used at night. 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 five hundred dollars.
Section 50-11-50. While actually engaged in hunting wildlife and under supervision, dogs are not required to be constrained. As used in this section, 'supervision' means that the owner of the dog or his designee is either in the vicinity of the dog or in the process of trying to retrieve the dog.
Section 50-11-310. (A) Except as otherwise specified, the season for hunting and taking small game is Thanksgiving Day through March 1.
(1) Game Zone 1:
(a) Rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day, with dogs only, day and night, and no rabbits may be taken;
(b) Squirrel: October 1 through March 1, with weapons and dogs;
(c) Fox: Year-round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) Raccoon and Opossum: October 15 through March 1, with weapons and dogs; March 2 through May 14, and August 15 through October 14, with dogs only, and no raccoon or opossum may be taken;
(e) Quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving, with dogs only, and no quail may be taken;
(f) Grouse: Thanksgiving Day through March 1;
(g) Coyote: Year-round.
(2) Game Zone 2:
(a) Rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day with dogs only, day and night, and no rabbits may be taken;
(b) Squirrel: October 1 through March 1, with weapons and dogs;
(c) Fox: Year-round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) Raccoon and Opossum: October 15 through March 1, with weapons and dogs; March 2 through May 14, and August 15 through October 14, with dogs only, and no raccoon or opossum may be taken;
(e) Quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving, with dogs only, and no quail may be taken;
(f) Coyote: Year-round.
(3) Game Zone 3:
(a) Rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day, with dogs only, day and night, and no rabbits may be taken;
(b) Squirrel: October 1 through March 1, with weapons and dogs;
(c) Fox: Year-round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) Raccoon and Opossum: September 15 through March 15, with weapons and dogs; March 16 through May 14, and August 15 through September 14, with dogs only, and no raccoon or opossum may be taken;
(e) Quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving, with dogs only, and no quail may be taken;
(f) Coyote: Year-round;
(4) Game Zone 4:
(a) Rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day, with dogs only, day and night, and no rabbits may be taken;
(b) Squirrel: October 1 through March 1, with weapons and dogs;
(c) Fox: Year-round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) Raccoon and Opossum: September 15 through March 15, with weapons and dogs; March 16 through May 14, and August 15 through September 14, with dogs only, and no raccoon or opossum may be taken;
(e) Quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving Day, with dogs only, and no quail may be taken;
(f) Coyote: Year-round.
(5) Game Zone 5:
(a) Rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day, with dogs only, day and night, and no rabbits may be taken;
(b) Squirrel: October 1 through March 1, with weapons and dogs:
(c) Fox: Year-round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) Raccoon and Opossum: September 15 through March 15, with weapons and dogs; March 16 through May 14, and August 15 through September 14, with dogs only, and no raccoon or opossum may be taken;
(e) Quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving, with dogs only, and no quail may be taken;
(f) Coyote: Year-round.
(6) Game Zone 6:
(a) Rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day, with dogs only, day and night, and no rabbits may be taken;
(c) Fox: Year-round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) Raccoon and Opossum: September 15 through March 15, with weapons and dogs; March 16 through May 14, and August 15 through September 14, with dogs only, and no raccoon or opossum may be taken;
(e) Quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving, with dogs only, and no quail may be taken;
(f) Coyote: Year-round.
(B) The season dates in this section are inclusive except as otherwise provided. Unless otherwise specified during the small game seasons when weapons are allowed, dogs also may be used.
Section 50-11-320. In the period during which raccoons, opossums, or fox are allowed to be hunted without weapons, it is unlawful to take, attempt to take, or hunt the animals while in possession of a firearm.
Section 50-11-330. (A) The small game bag limits are:
(1) Game Zone 1:
(a) Rabbit: five per day;
(b) Squirrel: ten per day;
(c) Raccoon: three per party per day;
(d) Quail: twelve per day;
(e) Grouse: three per day.
(2) Game Zone 2:
(a) Rabbit: five per day;
(b) Squirrel: ten per day;
(c) Raccoon: three per party per day;
(d) Quail: twelve per day.
(3) Game Zone 3:
(a) Rabbit: five per day;
(b) Squirrel: ten per day;
(c) Raccoon: three per party per day;
(d) Quail: twelve per day.
(4) Game Zone 4:
(a) Rabbit: five per day;
(b) Squirrel: ten per day;
(c) Raccoon: three per party per day;
(d) Quail: twelve per day.
(5) Game Zone 5:
(a) Rabbit: five per day;
(b) Squirrel: ten per day;
(c) Raccoon: three per party per day;
(d) Quail: twelve per day.
(6) Game Zone 6:
(a) Rabbit: five per day;
(b) Squirrel: ten per day;
(c) Raccoon: no limit;
(d) Quail: twelve per day.
(B) Except as provided in this section, there is no limit on furbearing animals.
Section 50-11-340. A licensed hunter may use not more than five rabbit boxes during the open season for taking rabbits on private land only.
Section 50-11-350. It is unlawful to trap or attempt to trap quail except as permitted by the department. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in this chapter.
Section 50-11-360. (A) The Federal Migratory Bird Treaty Act and its implementing regulations are adopted as the law of this State; however, annually the board may set seasons and bag limits and methods for hunting and taking migratory birds consistent with federal law. A violation of the Migratory Bird Treaty Act or its implementing regulations or any violation of the special conditions set by the board is a misdemeanor and any person committing such violation, upon conviction, must be fined not more than five hundred dollars or imprisoned for thirty days.
(B) A person convicted of any of the following offenses must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days for each offense:
(1) trespassing to hunt waterfowl;
(2) taking waterfowl over bait;
(3) hunting waterfowl more than fifteen minutes before or after regularly designated hunting hours;
(4) possessing more than one waterfowl over the legal limit;
(5) hunting waterfowl out of season. In addition, any person convicted of any of the items listed in this subsection shall lose hunting and fishing privileges for one year.
Section 50-11-370. (A) It is unlawful to take migratory birds from blinds or positions where the floor level of the blind or the position is:
(1) more than ten feet above surface level in or near the freshwaters of the State; or
(2) more than ten feet above the mean high water in the salt waters of the State.
(B) A blind on public lands or waters must be constructed from biodegradable materials. Once vacated, a blind on public lands or waters may be used by persons on a 'first-come first-served' basis.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
Section 50-11-380. (A) As used in this article:
(1) 'Board' means the governing body of the South Carolina Department of Natural Resources.
(2) 'Committee' means the Migratory Bird Committee.
(3) 'Department' means the South Carolina Department of Natural Resources.
(4) 'Migratory waterfowl' means members of the family Anatidae including brants, ducks, geese, and swans.
(5) 'Migratory game bird' means members of the families Anatidae, Rallidae, Scolopacidae, and Columbidae.
There is created the Migratory Bird Committee composed of nine members. The Board of the South Carolina Department of Natural Resources shall designate two individuals, one of whom shall be a nonpaid member of Ducks Unlimited, the other of whom shall be a nonpaid member of the South Carolina Waterfowl Association; the Chairman of the Board of the Department of Natural Resources or his designee shall serve ex officio. Two members shall be appointed by the Chairman of the Agriculture, Natural Resources and Environmental Affairs Committee of the House of Representatives; two members shall be appointed by the Chairman of the Fish, Game and Forestry Committee of the Senate; and two members shall be appointed by the Governor, all of whom must be cognizant of waterfowl and other migratory birds. The members of the committee shall serve for a term of three years and until successors are appointed and qualify. Vacancies are filled for the unexpired term in the manner of the original appointment. Members of the committee shall elect a chairperson annually. Members of the committee are eligible to receive the per diem, subsistence, and mileage provided by law for members of boards, commissions, and committees.
(C) The committee is responsible for the creation of the annual State Migratory Game Bird Stamp. The committee shall provide the design to the department and recommend guidelines to the department for the creation of Migratory Game Bird Stamp prints, the administration, sale, and distribution and other matters relating to the stamps and prints. Funds derived from the sale of prints and related artwork must be expended as follows:
(1) the portion of funds necessary to make up fifty percent of the total funds derived from the sale of the Migratory Game Bird Stamp must be used by the department for specified projects relating to the management of migratory game birds;
(2) except for the amount necessary for the department to promote the sale of any prints, stamps, or related articles, the remainder of the funds derived from the sale of the prints, stamps, or related articles must be used for waterfowl management projects which are designed to increase the numbers of waterfowl in the State.
Section 50-11-390. (A) It is unlawful to molest or trap any nesting wild duck or wild goose, except pursuant to a permit from the department.
(B) It is unlawful to molest, damage, or destroy any wild duck or wild goose nest or eggs, except pursuant to a permit issued by the department.
(C) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in this chapter.
Section 50-11-400. It is unlawful to hunt migratory waterfowl on Lake Murray within two hundred yards of a dwelling without written permission of the owner and occupant. As used in this section, Lake Murray is the area from the Lake Murray Dam to one-half mile upstream of Harmon's Bridge on Secondary Road 41-44 and upstream to Kempson's Ferry Bridge on Highway 395. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
Section 50-11-510. (A) The open season for taking antlered deer is:
(1) In Game Zone 1; October 1 through October 10, with primitive weapons only; October 11 through October 16, and October 31 through December 7, with archery equipment and firearms; December 8 through December 22, with archery equipment only; December 23 through January 1, with archery equipment and firearms; Sundays excepted;
(2) In Game Zone 2; September 15 through September 30, with archery equipment only; October 1 through October 10, with primitive weapons only; October 11 through January 1, with archery equipment and firearms; Sundays excepted;
(3) In Game Zone 3; August 15 through January 1, with archery equipment and firearms;
(4) In Game Zone 4; September 1 through September 14, with archery equipment and September 15 through January 1, with archery equipment and firearms;
(5) In Game Zone 5; August 15 through August 31, with archery equipment and September 1 through January 1, with archery equipment and firearms;
(6) In Game Zone 6; August 15 through January 1, with archery equipment and firearms.
(B) In Game Zones 1 and 2, the department must establish the methods for hunting and taking of deer and set other restrictions for hunting and taking of deer. It is unlawful to pursue deer with dogs in Game Zones 1 and 2.
(C) In Game Zones 3, 4, 5 and 6 except for the season set for hunting deer with firearms, it is unlawful to pursue deer with dogs.
(D) It is unlawful to trap or attempt to trap deer except pursuant to a permit issued by the department.
(E) It is unlawful to hunt, take, or attempt to take antlered deer except during the open season. A person convicted of hunting or taking antlered deer during the closed season or by some method other than that which is allowed is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than five hundred dollars or imprisoned not more than thirty days. None of the fine may be suspended.
(F) A person convicted of a violation of subsections (B), (C), and (D) of 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. None of the fine may be suspended.
Section 50-11-520. It is unlawful to hunt deer with a firearm within three hundred yards of an occupied dwelling without permission from the owner and notice to the occupant. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. The provisions of this section do not apply to a landowner or his guests hunting on his own land.
Section 50-11-530. The bag limit on antlered deer is:
(1) in Game Zones 1 and 2 - as set by the department;
(2) in Game Zones 3, 4, 5 and 6 - no limit.
Section 50-11-540. A person taking, attempting to take, or possessing a deer in any way prohibited by the department is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
Section 50-11-550. (A) The department may permit the taking of antlerless deer between September 15 and January 1, inclusive. The department may set bag limits and methods for hunting and taking of antlerless deer and other restrictions for the proper control of hunting and taking of antlerless deer.
(B) In Game Zones 1 and 2, the department may issue individual tags for antlerless deer at a cost of five dollars each which must be used as prescribed by the department. 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 tag program and for deer management and research. The department shall utilize twenty percent of this revenue for law enforcement.
(C) In Game Zones 3, 4, 5 and 6, the department may issue antlerless deer quota permits to landowners or lessees at a cost of fifty dollars each. Revenue generated from the quota permits must be used to administer the tag program and for deer management and research.
(D) Antlerless deer taken pursuant to quota permits must be tagged with a valid antlerless deer tag and reported to the department. Each tag must be attached to the deer as prescribed by the department before the animal is moved from the point of kill. Antlerless deer taken pursuant to quota permits must be tagged, even if taken on designated either-sex days.
(E) The department may suspend the taking of antlerless deer or revoke any quota permit when environmental conditions or other factors warrant.
(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 fifty nor more than five hundred dollars or imprisoned up to thirty days.
Section 50-11-560. It is unlawful to transport a deer from the point of kill with the head detached. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
Section 50-11-570. (A) The season for hunting and taking male wild turkeys (gobblers) is:
(1) In Game Zones 1, 2, 3, 4 and 5, the department may set a season between April 1 and May 1, inclusive, in specific areas of the zones in which turkeys have become numerous enough to be harvested;
(2) In Game Zone 6, the department may set a season between March 15 and May 1, inclusive, in specific areas of the zone in which turkeys have become numerous enough to be harvested.
(B) In all game zones, the department may prescribe the methods and bag limits for hunting and taking turkeys and may designate the sex that may be taken and may set other conditions necessary and expedient for the proper control of hunting and harvesting of turkeys.
(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 nor more than five hundred dollars or imprisoned not more than thirty days.
Section 50-11-580. (A) It is unlawful for a person to:
(1) take wild turkey eggs from a nest; possess, sell, or otherwise dispose of wild turkey eggs unless authorized by the department;
(2) trap wild turkey unless authorized by the department;
(3) take or possess female wild turkeys unless the department sets special open seasons for their taking;
(4) release any pen-raised wild turkey;
(5) take any wild turkey between thirty minutes after official sunset and thirty minutes before official sunrise;
(6) take or attempt to take a wild turkey from a vehicle on a public road;
(7) take or attempt to take a wild turkey with any rifle, pistol, buckshot, or shotgun slug;
(8) hunt or take or attempt to take wild turkey:
(a) by means of or with the aid of or use of bait or baiting; or
(b) on or near any baited area.
(B) A person violating any of 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 50-11-585 A person taking a wild turkey illegally must make restitution to the department in the amount of five hundred dollars for each bird taken. In addition, a person convicted of taking a wild turkey illegally forfeits hunting and fishing privileges for one year for each bird taken.
Section 50-11-590. A person who hunts wild turkeys 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 being moved from the point of kill. All turkeys taken must be checked at a designated check station on the day of take. No person may obtain or possess more than one set of turkey tags. A person violating any of the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
Section 50-11-600. (A) It is unlawful for a person to exceed the bag limit for wild turkey.
(B) A person violating 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. In addition, a person convicted must make restitution to the department in the amount of five hundred dollars for each bird taken over the limit. A person who is convicted of exceeding the bag limit for turkeys forfeits hunting and fishing privileges for one year.
Section 50-11-610. (A) The open season for taking bear is:
(1) 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.
(2) The department may set the bag limits and the methods for hunting and taking of bear.
(B) It is unlawful to:
(1) hunt, take, or attempt to take a bear except during the open season which is set by the department;
(2) hunt, take, or attempt to take bear except by methods allowed by the department;
(3) exceed bag limits for bear as set by the department;
(4) take or attempt to take a bear of under one hundred pounds;
(5) take or attempt to take a sow bear with cubs;
(6) possess or transport a freshly killed bear or bear part except during the open season for hunting and taking bear;
(7) possess a captive bear except pursuant to a permit issued by the department;
(8) except during the open season for hunting and taking bear with dogs, it is unlawful to pursue bear with dogs;
(9) use any type foodstuffs to bait or attract a bear, except as allowed by the department;
(10) hunt or take bear near or by aid or use of bait.
(C) Each of the above acts is a violation of this section and is a separate offense.
(D) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than two years, or both. Hunting and fishing privileges of a person convicted under the provisions of this section must be suspended for three years. In addition, the court may order that restitution be paid to the department of not less than one thousand five hundred dollars for each bear or bear part which is the subject of a violation of this section.
Section 50-11-710. It is unlawful to use artificial lights for the purpose of observing or taking wildlife. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined up to one hundred dollars or imprisoned for not more than thirty days. Nothing in this section may be construed to prohibit lawful hunting of those species which may be lawfully taken at night, nor does it prohibit a landowner, his agent or a person with a legal interest in the property from using artificial lights for the purpose of surveying or protecting his property.
Section 50-11-720. (A) It is unlawful to hunt or take wildlife at night except that raccoons, opossums, and bobcats may be hunted and taken at night: however, use of artificial lights to aid in taking these species is prohibited except when the animal is treed or cornered with dogs. These animals may not be taken at night using buckshot or any shot larger than number four or any rifle ammunition larger than twenty-two rimfire. Rabbits, foxes, and coyotes may be hunted at night by use of dogs only but not taken with weapons. Taking or attempting to take a rabbit, fox, or coyote at night with a weapon is a violation of this subsection.
(B) A person violating the provisions of this section is guilty of a misdemeanor and, if convicted of night hunting for big game (deer, bear or turkey), must be fined for the first offense not more than one thousand dollars or imprisoned not more than one year, or both; for the second offense, not more than two thousand dollars nor less than four hundred dollars or be imprisoned not more than one year nor for less than ninety days, or both; for a third or subsequent offense, not more than three thousand dollars nor less than five hundred dollars or be imprisoned not more than one year nor for less than one hundred twenty days, or both; if convicted of night hunting for small game. must be fined not more than five hundred dollars nor less than three hundred dollars or imprisoned for thirty days.
(C) In addition to any other penalty, any person convicted for any offenses under this section shall forfeit his privileges to hunt and fish in this State for a period of two years.
Section 50-11-730. It is unlawful to take or attempt to take or molest a deer or bear from a boat, raft, or other water conveyance; provided, this does not prohibit hunters from using boats, rafts, or other water conveyance to travel to or from a hunting area. It is also unlawful to take or attempt to take or molest a deer or bear while the animal's free movement is impeded by water. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars or imprisoned not more than thirty days.
Section 50-11-740. It is unlawful to:
(1) Hunt, fish, or trap on or over any lands or private waters without permission from the owner or his agent;
(2) Enter upon land or private waters for the purpose of hunting, fishing, or trapping without permission from the owner or his agent.
A person convicted of a violation of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred fifty dollars or imprisoned for not more than thirty days for a first offense. For a second offense, the person must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not more than sixty days. For a third or subsequent offense, the person must be fined not less than one thousand dollars nor more than two thousand dollars or imprisoned for not more than ninety days.
The Department must suspend the hunting and fishing privileges of the person convicted twice in a three-year period for two years.
Other provisions of the law to the contrary not withstanding, all cases arising under this section are within the jurisdiction of the magistrate's court.
Section 50-11-750. The hunting of all game from public roads and rights-of-way owned by railroads is prohibited whenever the public roads or railroad rights-of-way are adjacent to lands that are posted against trespassing or hunting. The provisions of this section do not apply to hunting by owners of the adjacent lands or by persons who have permission of the owners to hunt the adjacent lands. "Hunting" as used in this section includes the hunting of deer by occupying stands therefor. Any person violating the provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or be imprisoned for a period not to exceed thirty days.
Section 50-11-910. (A) It is unlawful to hunt, take, or possess any resident or migratory wild bird or part thereof, except as authorized by state and federal law.
(B) It is unlawful to take, damage, destroy, or molest the nest or the eggs of any protected nongame wild bird except as authorized by state and federal law.
(C) It is unlawful to transport any nongame wild bird except as authorized by state and federal law.
(D) It is unlawful to knowingly harass any concentrations of nesting or roosting protected nongame wild birds on department property except as allowed by the department.
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 not more than thirty days.
Section 50-11-920. There is no closed season on feral hogs on private land, except feral hogs may not be hunted or taken at night. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in this chapter.
Section 50-11-930. It is unlawful to take, possess, feed, or entice with food any American alligator (alligator mississippiensis) except as authorized by the department. The department may issue permits which allow possession for educational, scientific, commercial, or recreational purposes. 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 not more than thirty days. The court may order restitution from up to one thousand dollars for any alligator taken in violation of this section.
Section 50-11-940. It is unlawful to take or attempt to take any birds of prey, or part thereof, or their eggs within the State. It is unlawful to damage or destroy the nests of any birds of prey within the State. It is unlawful to possess any bird of prey or their parts except as permitted by the department. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than three hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days. However, if the bird of prey is a bald eagle the penalty is a fine of not less than five hundred dollars nor more than one thousand dollars or imprisonment for not less than thirty days nor more than one year, or both. In addition, if the bird of prey is a bald eagle the person convicted shall lose his privilege to hunt for a period of five years. The department may issue falconry permits, scientific collecting permits, and permits for raptor rehabilitators.
Section 50-11-950. It is unlawful to use pole traps in this State. Pole traps are contraband and must be seized regardless of whether baited or not. Pole traps seized must be disposed of according to law. Persons convicted of using pole traps must be fined not less than three hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days.
Section 50-11-960. (A) The department may establish seasons and bag limits for the hunting and taking of crows consistent with the federal regulations governing those activities. However:
(1) the hunting season or seasons on crows may not exceed a total of one hundred twenty-four days during a calendar year;
(2) the department must designate a season or seasons between September 1 and March 1;
(3) it is unlawful to hunt or take crows:
(a) from an aircraft;
(b) by any methods except firearms, bow and arrow, and falconry;
(c) except as permitted by state and federal law.
(B) A person violating 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 50-11-970. (A) The department may designate and establish areas of land and water as sanctuaries. There must be no hunting or trespassing upon lands or waters designated as a sanctuary. No private property may be taken for the establishment of a wildlife sanctuary by eminent domain. In the case of a governmental entity, the department and the governmental entity may agree that the area may become a sanctuary in perpetuity or any lesser period. Any agreement entered into under the authority in this section may be terminated at any time by the party or the department.
(B) A person hunting on a sanctuary is guilty of a misdemeanor and, upon conviction, must pay a fine of not less than two hundred dollars nor more than five hundred dollars or be imprisoned thirty days.
(C) A person trespassing on a sanctuary is guilty of a misdemeanor and, upon conviction, must be fined up to five hundred dollars or imprisoned up to thirty days.
Section 50-11-980. All areas of land and water previously designated by law as sanctuaries for birds or other wildlife will remain designated sanctuaries, and the department must keep a listing of all areas previously designated by law as sanctuaries for the purpose of redesignating and renewing those agreements. Any previously designated area will remain a sanctuary unless the owner or corporate entity specifically requests the department to change the status of that area.
Section 50-11-1110. Where the department determines that specific types or numbers of wildlife is a threat to the health or safety of the citizens of this State, or in order to protect other natural resources of the State from starvation, disease, or destruction, or if the department determines that specific types or numbers of wildlife are causing excessive damage to crops or property, or in order to humanely dispose of sick or injured wildlife, the department has the authority during any time of the year to require the taking of a specified number and type of wildlife and prescribe the methods and conditions under which the wildlife must be taken. The department may set conditions for the disposition of any wildlife taken pursuant to this authority.
A permit is not required when capturing furbearing animals or squirrels within one hundred yards of the owner's home when the animal is causing damage to the home or the owner's personal property. A furbearer or a squirrel captured pursuant to this subsection must be destroyed.
A person violating the terms of a permit issued pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined up to five hundred dollars or imprisoned not more than thirty days.
Section 50-11-1120. It is unlawful to take wildlife by poison. A person may use legal substances for the control of rats, mice, and moles on his property within one hundred yards of any building, provided that all persons required to report the sale of poisons and maintain records thereof will allow department employees to inspect and copy those records during reasonable business hours. 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 less than ten days nor more than thirty days.
Section 50-11-1130. When it appears that because of any condition which may adversely affect the ability of wildlife to protect or sustain itself, the department may declare a closed season for not over ten days at any one time in any area in the State. The department must give notice of the closed season through the news media which has coverage in the affected county.
A person hunting, taking, or attempting to take any wildlife in any manner during a specially closed season is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars or imprisoned thirty days. In addition, an individual so convicted will forfeit his privileges for hunting and fishing for a period of two years.
Section 50-11-1140. The United States may allow the hunting and taking of antlered and antlerless deer on any property within any federally owned or controlled property including game reserves, national parks, or refuges during the open season for hunting and taking of deer pursuant to the laws of this State. The appropriate agency of the federal government shall notify the department at least ten days before allowing the hunting and shall communicate it to the public by the most expedient means at least one week before any hunting is permitted.
Section 50-11-1150. In order to more effectively control animals, the employees of the department shall cooperate with the employees of the United States and its agencies in management and may accept aid from federal employees.
The department may authorize its employees and employees of the United States Fish and Wildlife Service or other employees of the United States to take any animal, by the use of foothold traps or other approved methods, on any lands owned by the State or the United States and on any cooperative Wildlife Management Areas and on private lands with permission of the landowner.
Section 50-11-1160. The department may authorize the collection of protected fish and wildlife for scientific purposes. The department must investigate the applicant and the project or program for which the collection is to be made. The application fee is ten dollars. Any permit issued pursuant to this section expires on December 31 of each year. Permits may be renewed for up to one year in the discretion of the department. Permits are not transferrable but any student assistant working under the direct supervision of the permittee may participate under the permit. All taking must be conducted in accordance with recognized scientific methods. Whenever practicable, data, program results, and specimens must be made available to the public upon request. The permittee must submit a report at the end of the permit period for specimens collected and other information as may be required. Collection permits for threatened or endangered species must be issued only in accordance with the provisions of law governing those species.
A person violating the conditions of a permit or the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than three hundred dollars nor more than five hundred dollars or imprisoned for a term of not more than thirty days.
The department may suspend or revoke any scientific collection permit at its discretion.
Section 50-11-1310. A shooting preserve is a designated area of land and water which must be a minimum of one hundred contiguous acres set aside by the owner or leaseholder for the specific purpose of hunting and taking designated shooting preserve species. A shooting preserve may be operated for commercial or recreational purposes. However, other species may be lawfully hunted and taken during the regular season on property designated as shooting preserves.
Section 50-11-1320. The department may grant operating licenses for shooting preserves as allowed by this article. Shooting preserves must not be established for the purpose of extending the regular hunting seasons for native species. A licensed preserve, together with its records and facilities, must be open to department personnel for inspection during normal business hours.
Section 50-11-1330. The annual fee for a shooting preserve operator's license is two hundred dollars for the first one hundred acres of shooting preserve area and fifty dollars for each additional one hundred acres or part thereof.
Section 50-11-1340. In order to be licensed as a shooting preserve operator, the operator must own or lease a minimum of one hundred contiguous acres, including water areas. The preserve is restricted to not more than one thousand five hundred contiguous acres, and proof of ownership or leasehold interest and accurate information identifying the proposed area must accompany all applications. A shooting preserve of ten thousand or more contiguous acres previously licensed by the department and owned by the operator will continue to be licensed but must apply for an annual permit and pay an annual fee of ten thousand dollars instead of fees required by this article. Nonresident big game permits are not required on these specially licensed shooting preserves.
Section 50-11-1350. Shooting preserve operators shall maintain a clearly defined boundary on which signs identifying the area as a shooting preserve must be posted at intervals of one hundred fifty feet or less. Construction of a fence along the boundaries may be required by the department.
Section 50-11-1360. All persons who hunt or shoot on shooting preserves are required to have appropriate hunting licenses, permits, stamps, and tags in accordance with state and federal wildlife laws and regulations. Provided, when only hunting and shooting a species for which the preserve is licensed, a nonresident may obtain and use a special shooting preserve permit.
Section 50-11-1370. (A) Except for specially designated shooting preserve species, a shooting preserve operator may not release or permit the hunting or taking of nonnative wildlife.
(B) Legal shooting preserve species are:
(1) pen-raised bobwhite quail; pheasants; chukars;
(2) other specially designated species by the department; and
(3) pen-raised mallards which conform to the requirements of federal law.
(C) A licensed shooting preserve may operate a shooting season for a consecutive six-month period beginning October 1 and ending the following April 1. There is no bag limit on designated shooting preserve species which are hunted and taken on a licensed shooting preserve.
(D) All shooting preserve species harvested must be tagged, and the tags must remain affixed until the species is prepared for consumption. If the species are packaged in bundles, one tag is sufficient for the bundle, but the number of carcasses in the bundle must be recorded on each tag.
Section 50-11-1380. No state funds may be expended for the stocking of shooting preserve species or pen-raised species.
Section 50-11-1390. (A) All animals held in captivity at a shooting preserve must be confined in cages constructed of material of a strength appropriate for that particular species. The cage facility must be structurally sound and must be maintained in good repair to protect the animals from injury, to minimize the possibility of escape, and to prevent entrance by other animals.
(B) Proper care must be given to all penned animals to assure:
(1) clean water is provided as necessary;
(2) food is wholesome, palatable, and free from contamination;
(3) animals are provided adequate cover and bedding to assure the safety of the animals during adverse environmental conditions;
(4) excreta are removed from cages or enclosures as often as necessary to prevent contamination of the animals;
(5) an effective program for the control of insects, parasites, and avian and mammalian pests is established and maintained;
(6) animals with a propensity to fight or which are otherwise incompatible are kept segregated.
(C) Vehicles used in transporting animals must be equipped to provide adequate fresh air when moving or stationary.
Section 50-11-1400. Each shooting preserve operator shall maintain a registration book listing names, addresses, and hunting license numbers of all hunters, the dates on which they hunted, the amount and types of game and designated shooting preserve species harvested, and tag numbers affixed to each carcass or container. The operator also shall maintain a record of the number of each species of game raised or purchased and the number released and other records which the department may designate. The records may be inspected by an authorized member of the department or a person it may designate or employ at any time. Operators must furnish the department a copy of the records within sixty days after the end of the hunting season on the preserve.
Section 50-11-1410. The owner or operator of a shooting preserve is responsible for a violation of this article. A violation of this article by a licensed shooting preserve owner or operator is a misdemeanor, and the persons committing the violation, upon conviction, must be fined not less than two hundred dollars and not more than five hundred dollars or imprisoned for not more than thirty days. The department must suspend the license for up to twelve months.
Section 50-11-1420. The operation of a shooting preserve or similar facility without a license is a misdemeanor and, upon conviction, the operator must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days. A person convicted will not be eligible for a shooting preserve license for one year from the date of conviction.
Section 50-11-1430. A person propagating pen-raised quail for commercial purposes must first obtain a commercial quail breeder's license from the department at a cost of five dollars. The license is valid for the fiscal year in which issued. A licensee may sell live pen-raised quail for propagating purposes or may sell the carcasses of pen-raised quail for any purpose including consumption. However, the keeper of a hotel, restaurant, boarding house, club, or eating establishment may sell pen-raised quail for food to be consumed on the premises and is not required to hold a license under this article. This license may be denied, suspended, or revoked in the discretion of the department.
Section 50-11-1440. (A) All packages of processed pen-raised quail carcasses offered for sale or shipped within the State must be labeled with the hatchery location and address where the quail was produced. This information must not be removed except by the ultimate consumer. In addition, production hatcheries are required to keep accurate records of sales of pen-raised quail and make these records available for inspection by department personnel upon request.
(B) All pen-raised quail offered for sale must be killed otherwise than by shooting.
Section 50-11-1450. (A) Persons engaged in training pointing and flushing bird dogs may obtain a Bird Dog Trainer's License entitling them to the privileges provided in this section.
(B) The application and the license must list the trainer and not more than two assistants, all of whom must have hunting licenses. The license entitles the trainer and his two assistants to take pen-raised quail during the closed season for the limited purpose of training dogs only. No person, trainer, or assistant may be listed on more than one license.
(C) The bird dog training area may not exceed fifty acres. The applicant must provide proof of ownership or a recorded leasehold instrument for a tract of land to be designated as a bird dog training area. The applicant shall provide sufficient information to the department to accurately locate the proposed site along with the information which shows the applicant has requisite authority to utilize the property for a bird dog training area.
(D) The boundaries of the area must be posted at least every one hundred fifty feet with signs designating the area as 'Private Bird Dog Training'.
(E) The licensee must maintain records showing the number of birds purchased or raised and released or harvested for bird dog training. The department must have access to the records for inspection at reasonable times. The licensee must furnish an annual report to the department before issuance of the ensuing year's license. The fee for the license is fifty dollars and expires on June 30 of each year.
(F) The trainer and his assistants must make reasonable efforts to minimize the disturbance of wild quail during training. All released birds must be banded and recall pens may be used if the trainer is issued a permit for the pens. Unbanded quail taken in recall pens must be released immediately.
(G) A person possessing a hunting license may train bird dogs on private land at any time during the year; however, outside the established quail season, only weapons capable of firing blank ammunition may be used unless feral pigeons have been released and are being used in the training.
Section 50-11-1460. Unless otherwise provided, any person violating any provisions of this article is guilty of a misdemeanor and, upon conviction, must be punished by a fine of up to five hundred dollars or imprisoned thirty days for each offense and must forfeit any permit or license issued pursuant to this article. A person convicted of violating the Commercial Quail Breeder's license statutes or a person convicted of violating the Bird Dog Training license statutes will have those respective permits suspended for up to twelve months.
Section 50-11-1510. It is unlawful to store wildlife carcasses in a commercial storage facility unless the carcass or package containing the carcass bears the name, address, and hunting license number of the owner. The department may inspect commercial storage facilities during reasonable hours in order to ensure compliance with this section. A person violating this section must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned up to thirty days.
Section 50-11-1520. (A) It is unlawful to transport or attempt to transport beyond the limits of this State any wildlife which has been taken unlawfully.
(B) It is unlawful to receive for transportation within this State any wildlife which has been unlawfully taken.
(C) It is unlawful to transport or attempt to transport any live game animals beyond the limits of this State without a permit from the department.
(D) A person violating 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 be imprisoned thirty days.
Section 50-11-1530. (A) It is unlawful to buy, sell, trade, or barter or offer for sale or offer to buy any protected wild mammals or their hybrids and birds or parts thereof except as specifically allowed by this title. A person convicted must be punished as follows:
(1) For the first offense, if the consideration for the wild mammals and birds or parts thereof is of a value of two hundred dollars or less, the penalty must be a fine of not more than two hundred dollars or imprisonment for not more than thirty days.
(2) For the first offense, if the consideration for the wild mammals and birds or parts thereof is of a value of more than two hundred dollars, the penalty must be a fine of not less than five hundred dollars nor more than five thousand dollars or imprisonment for not less than thirty days nor more than two years, or both. In addition, the person convicted shall lose all hunting and fishing privileges including commercial and saltwater privileges for two years from the date of conviction.
(3) For a second offense within three years of a first offense, a fine of not less than one thousand dollars nor more than five thousand dollars or imprisonment for not less than thirty days nor more than one year, or both. In addition, the person shall lose all hunting and fishing privileges, including commercial and saltwater privileges, for a period of three years from the date of conviction.
(4) For a third or subsequent offense within five years of the last previous conviction, the fine must be five thousand dollars, no part of which may be suspended, or imprisoned up to five years, or both. In addition, the person shall lose hunting and fishing privileges, including commercial and saltwater privileges, for a period of five years from the date of conviction.
(B) Provided, this section does not prohibit the lawful sale of freshwater nongame fish or rabbits or grey squirrels carcasses lawfully taken.
Section 50-11-1540. (A) It is unlawful to sell live wolves or coyotes or their hybrids or to ship or import live wolves or coyotes or their hybrids into this State except for temporary exhibition or scientific purposes pursuant to a permit issued by the department. A person may not possess a live wolf or coyote or their hybrids except pursuant to a permit issued by the department.
(B) It is unlawful to release a coyote, regardless of whether or not the release is in an enclosed area.
(C) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than three hundred dollars nor more than one thousand dollars or be imprisoned not more than ninety days. The magistrate's court has jurisdiction over violations of this section occurring within the county.
Section 50-11-1550. Live foxes lawfully taken within the State may be sold and shipped within the State without permit. However, no foxes may be imported into the State without a permit issued by the department. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than three hundred dollars nor more than five hundred dollars or be imprisoned not more than thirty days.
Section 50-11-1560. (A) It is unlawful to buy, sell, offer for sale, possess for sale, or barter any wild turkeys or wild turkey eggs. A person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned not more than thirty days.
(B) It is unlawful to buy, sell, offer for sale, possess for sale, or barter any pen-raised wild turkeys unless authorized by the department. A person violating the provisions of this subsection 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.
Section 50-11-1570. It is unlawful to buy, sell, offer for sale, possess for sale, or barter a bear or a bear part.
A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than two years, or both. In addition, the hunting and fishing privileges of a person convicted must be suspended for three years. The court may order that restitution be paid to the department of not less than one thousand five hundred dollars for each bear or bear part which was bought, sold or offered for sale, or possessed for sale, or bartered in violation of this section.
Section 50-11-1580. (A) It is unlawful to sell live deer. However, it is lawful to sell parts of the deer except (1) the venison of any deer except as otherwise provided; (2) white tailed deer antlers or parts thereof; (3) white tailed deer gametes. Any person violating this subsection is guilty of a misdemeanor and must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
(B) The proprietor of a permitted food service establishment may purchase and sell processed nonnative farm-raised venison which is processed through an official establishment, certified by the director, livestock-poultry, health programs or the United States Department of Agriculture. Any such food service establishment must first obtain a permit from the department, at no cost, and must maintain adequate records to provide department personnel, law enforcement officers, and other food service inspectors information as to the source of the venison. The premises of the permitted food service establishment must be open for inspection by enforcement officers, department personnel, and food service inspectors at reasonable times or whenever employees are present.
(C) The owner of any permitted food service establishment is strictly responsible for compliance with the terms of the permit and with this section. If the food service establishment or any of its employees violate the terms of the permit or this section, the permit is invalid, and the owner of the food service establishment is guilty of a misdemeanor and must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned for not more than one year.
(D) Meat processors and wholesale food distributors may obtain a permit at no cost to buy and sell nonnative farm raised venison to a permitted food service establishment. Any permittee must maintain adequate records to provide department personnel, law enforcement officers, and other food service inspectors information as to the source of the venison. The premises must be open for inspection at reasonable times or whenever employees are present. If the permittee or its employees violate the terms of the permit or this section, the permit is invalid and the owner is guilty of a misdemeanor and must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned for not more than one year, or both.
Section 50-11-1710. A field trial is an outdoor event where sporting dogs are judged on their ability to track, point, retrieve, or flush wildlife.
Section 50-11-1720. The department may permit and regulate field trials during the year including the closed season. In Game Zone 3 only, the department may permit field trials for deer but not before January 1 or beyond January 15 of any year.
A person violating the conditions of the permit is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days for each offense.
Section 50-11-1730. Field trials sanctioned by nationally recognized field trial associations or state-chartered field trial associations may apply for a field trial permit to allow for the release and taking of designated species for the purposes of the field trial event only, including taking the species during the closed season.
A person taking or attempting to take game species at a field trial without a permit is guilty of a misdemeanor and, upon conviction, must pay a fine of five hundred dollars.
Section 50-11-1910. (A) Subject to available funding, the department shall acquire sufficient wildlife habitat through lease or purchase or otherwise 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 lands for the program which, during the preceding twenty-four months, was held under a private hunting lease. However, this restriction does not apply if the former lessee executes a voluntary consent to the proposed wildlife management area lease or the lessor cancels the lease nor to any lands which, during the twenty-four months before June 5, 1986, were in the Game Management Area Program.
(B) Notwithstanding Sections 1-23-10 or any other provision of law, the board has discretionary authority by regulation to set seasons, bag limits, hours, areas, and methods for hunting and taking wildlife and fish and to set user restrictions on wildlife management areas and department property only. Action taken by the board pursuant to this section is final upon approval by the board and publication in the State Register. These regulations must be published in the State Register in the next issue after adoption by the board. The board must submit the regulations to the appropriate standing committees of the Senate and House of Representatives within thirty days after publication in the State Register. The respective standing committees by a majority of the members of each committee may vote to disapprove a regulation within one hundred twenty days of submission and to introduce a joint resolution disapproving such regulation. Upon enactment of the resolution, the regulation is void. If the General Assembly is not in session at the time of submission or adjourns before this one hundred twenty-day period has expired, the one hundred twenty day-period is tolled.
Section 50-11-1920. It is unlawful to hunt, fish, or take fish or wildlife on wildlife management area land or department property or use wildlife management areas or department property except as allowed by the board.
A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more thirty days.
Section 50-11-2110. There is created an Operation Game Thief Program to be funded by:
(1) monies authorized from the county game fund of the state treasury not to exceed thirty thousand dollars annually;
(2) monies received from donations to the fund, which must be used for general program purposes. The donor may not specify the purposes for which the donation must be used;
(3) monies appropriated by the General Assembly for the purposes provided in this article.
Section 50-11-2120. Funds from the Operation Game Thief Program may be expended only for:
(1) the financing of reward payments to persons other than law enforcement officers, department personnel, and members of their immediate families responsible for information leading to the arrest of any persons for unlawfully taking, hunting, fishing, possessing, transporting, or selling wildlife and related acts of vandalism. The board shall establish the schedule of rewards to be paid for information received, and payment must be made from funds available for this purpose;
(2) the financing of a statewide telephone reporting system under the name of 'Operation Game Thief' established under the direction of the board;
(3) the promotion of public recognition and awareness of the Operation Game Thief Program.
Section 50-11-2130. The Operation Game Thief Program funds must be expended in conformity with the laws of the State, except that any monies appropriated by the General Assembly or received from donations must be used before monies from any county game fund are used. Balances remaining at the end of the fiscal year are exempt from the provisions of law relating to lapsing of appropriations.
Section 50-11-2310. For the purpose of this article:
(1) 'fur buyer' means any person who purchases any whole furbearing animal, raw or green furs, pelts, or hides;
(2) 'commercial purposes' means taking or possessing any fur, pelt, hide, or whole animal for exchange, sale, trade, or barter and taking or possessing more than five furs, pelts, hides, or whole animals is taking for commercial purposes;
(3) 'trapper' means any person who takes or attempts to take animals by trapping;
(4) 'trap' means any device, other than a weapon, designed or constructed for taking animals;
(5) 'foot-hold trap' means a steel-jawed, spring-loaded device designed to capture the animal by the foot;
(6) 'live trap' means any box or cage designed for capturing and holding any animal unharmed;
(7) 'processor' means any person engaged in tanning or dressing furs, pelts, or hides of furbearing animals for commercial purposes;
(8) 'transfer' means selling, bartering, exchanging, and transporting.
Section 50-11-2320. Traps, including snares of any type, are unlawful except body-gripping traps of the Conibear type may be used without bait or scents for vertical water sets and vertical slide sets only. It is lawful to use foot-hold traps of a size number two or smaller for land sets or a size number three or smaller for water sets. Foot-hold traps must not have toothed or spiked jaws. Cage or boxed-type live traps are lawful. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined up to five hundred dollars or imprisoned not more than thirty days.
Section 50-11-2330. In addition to a valid state hunting license, a commercial fur license is required of all persons who take furbearing animals for commercial purposes and all persons who trap or who attempt to trap any furbearing animals. The license is issued by the department at a cost of ten dollars for residents and one hundred dollars for nonresidents. The license is valid for the fiscal year for which issued. A person taking animals under authority of a commercial fur license shall carry the license on his person. A person having in his possession more than five furbearing animals or pelts shall have a valid commercial fur license. The provisions of this section do not apply to a processor, manufacturer, or retailer.
Section 50-11-2340. A person engaged in the act of trapping shall have proof that he is the owner of the property on which the traps or devices are set or carry on his person written permission to use the property for trapping.
Section 50-11-2350. A trapper shall visit his traps daily and remove any animal caught; but no trapper may visit any trap at night, and no trap may be set 'in the open' or in paths, roadways, or runways commonly used by persons or domestic animals.
Section 50-11-2360. It is unlawful for a person, other than the owner of the trap, to remove any lawfully trapped wildlife from a legally set trap. 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 50-11-2370. A person required to be licensed under Section 50-11-2330 shall report to the department by April 15 of each year the number and type of furbearing animals taken, sold, or shipped, together with the names and addresses of persons to whom sold or shipped using forms as the department may prescribe. A person failing to report by April 15 of each year shall, on the second offense, be denied a license for the following fiscal year.
Section 50-11-2380. The following traps are allowed for trapping in accordance with an approved commercial fur license:
(1) body-gripping traps (generally known by the brand name 'Conibear') as provided in Section 50-11-2320;
(2) live traps;
(3) foot-hold traps as provided in Section 50-11-2320.
All other traps, including 'deadfall' traps, are unlawful unless expressly authorized by the department by regulation.
All traps must bear the owner's name and address either directly thereon or by an attached identification tag.
Section 50-11-2390. A person other than a retailer of finished fur or manufacturer of finished furs, pelts, hides, similar articles, or parts of them who buys furs, pelts, hides, whole furbearing animals, similar articles, or parts of them in this State is required to have a fur buyer's license. The license is issued by the department at a cost of one hundred dollars for residents and two hundred dollars for nonresidents. The license is valid for the fiscal year in which issued. A person transacting business under authority of the license shall carry that license on his person.
Section 50-11-2400. A fur processor engaged in processing the hides of furbearing animals is required to obtain a processor's license. The license is issued by the department at a cost of five hundred dollars. The license is valid for the fiscal year in which it is issued. A taxidermist who possesses any fur, pelt, hide, or whole furbearing animal legally owned by another person, which he is temporarily holding for the purpose of processing, is not required to obtain this license. All processors shall keep a daily register showing the name and address of each person from whom the fur, pelt, hide, or whole furbearing animal is received, the number of each species, the date, and place of origin. All processors shall report the information to the department not later than June 30 of each year.
Section 50-11-2410. The following persons are not required to obtain the license provided for in Section 50-11-2390:
(1) a person who acquires not more than five furs, pelts, hides, or whole animals for his own personal use during one season and not for barter, exchange, or sale;
(2) a person licensed under Section 50-11-2400 as a processor;
(3) a taxidermist who possesses a fur, pelt, hide, or whole furbearing animal legally owned by another person which he is holding temporarily solely for the purposes of processing;
(4) a person acquiring furbearing animal carcasses without hides;
(5) a person who owns a fox hunting enclosure and who is permitted annually by the department to purchase live foxes for release into his pen. The foxes must be obtained from a South Carolina licensed commercial trapper and may be obtained only if the foxes were taken lawfully in this State. Record of fox purchases or transfers must be reported annually on forms provided by the department.
Section 50-11-2420. All fur dealers, buyers, and processors, other than retailers, shall keep a daily register on forms provided by the department showing the name and address of each person from whom any furs are purchased, the number of his commercial fur license, and the number and types of furs, pelts, or hides purchased. Not later than the tenth day of each month, all dealers, buyers, and processors shall furnish the department all of the daily register sheets for the previous month. Any fur, pelt, or hide not properly tagged or logged when examined by the department is declared contraband and must be confiscated by the department.
Section 50-11-2430. A person desiring to hold fur more than thirty days after the end of the regular season for taking furbearers shall apply to the department for a permit at no cost to hold the fur. The applications for the permits must contain an itemized list of furs to be held along with their fur tag numbers. The possession of any raw or green fur, pelt, or hide of any furbearing animal more than thirty days after the end of the regular season for taking furbearers other than provided for in this section is illegal.
Section 50-11-2440. A person required to be licensed pursuant to Section 50-11-2330 who takes any furbearing animal must tag the fur, pelt, hide, or whole furbearing animal at the time the fur is removed from the carcass or in the case of a whole animal, at the time the whole animal is stored or before it is sold, whichever occurs first. The tags must be sold by the department according to the following fee schedule:
bobcat $2.00
coyote 1.00
otter 2.00
mink 1.00
grey fox 1.00
red fox 1.00
weasel 1.00
beaver .25
raccoon .50
skunk .25
muskrat .25
opossum .25.
The tags must be of a type and size the department prescribes. The tags must be securely attached and may not be removed until the time of processing. Any fur, pelt, hide, or whole animal which does not have a tag attached as required by this section or that is unlawfully tagged is declared contraband and must be confiscated. Unused tags must be returned to the department by April 15 of each year. Full refund must be given for unused tags returned by April 15. Tags may only be used for the specific species for which they are issued, and they must be numbered consecutively. These tags are nontransferable and may not be altered in any manner. The department may limit the number of tags for each species and the area in which they may be used. Furbearing animals taken live to be sold as live animals are not required to be tagged.
Section 50-11-2450. Except as otherwise permitted in this article, it is unlawful to possess, acquire, or transfer any untagged fur, pelt, hide, or whole animal. A person convicted of a violation of this section is guilty of a misdemeanor and must be punished as provided in this article. Each fur, pelt, hide, or whole animal found untagged or unlawfully tagged constitutes a separate offense.
Section 50-11-2460. All enforcement officers and any other employee of the department designated by the board, at any and all reasonable hours, may inspect the business premises and records required by this article of any person licensed under this article to ensure compliance.
The license of any licensee who refuses to allow promptly an inspection authorized under this section is subject to immediate revocation.
Section 50-11-2470. The department may confiscate all traps and devices, furs, pelts, hides, and whole animals which are illegally possessed, tagged, or used. Where the department has no storage facilities for perishable items such as furs, it may sell them at a reasonable price and hold the proceeds pending the final outcome of the case. Upon conviction of the owner, any traps, devices, furs, pelts, hides, or whole animals being held may be disposed of as determined advisable by the department, and any proceeds resulting from the sale must be used for the propagation and protection of game.
Section 50-11-2475. It is unlawful to trap furbearing animals for commercial purposes except from January 1 to March 1 of each year. The trapping season may not exceed sixty days each year under any circumstances. It is unlawful to trap any other times unless authorized by the department. It is lawful to take furbearing animals by other lawful means during the general open hunting seasons established therefor.
Section 50-11-2480. A person shipping or transporting or attempting to ship or transport untanned furs, pelts, hides, or whole furbearing animals out of this State first shall obtain a permit from the department. The department may designate an enforcement officer or other representative in each county to inspect the shipment and issue the permit.
Section 50-11-2485. A person violating the provisions of Section 50-11-2320, 50-11-2330, 50-11-2390, 50-11-2400, 50-11-2420, or 50-11-2450 is guilty of a misdemeanor and, upon conviction, must be fined up to five hundred dollars or imprisoned not more than thirty days. Each animal taken or possessed in violation of this article constitutes a separate offense. In addition, the department must suspend the commercial and recreational licenses of the individual for one year.
Section 50-11-2490. A person violating the provisions of this article unless otherwise specified in Section 50-11-2485 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 for each violation.
Section 50-11-2510. (A) Any equipment which is used in unlawfully taking, attempting to take, transporting, selling, or buying wildlife or which is used to facilitate the unlawful taking, attempting to take, transporting, buying, or selling of wildlife is subject to forfeiture.
(B) Any forfeited property may be retained by the department for official use, transferred to other governmental agencies for official use, sold at public auction, or disposed of according to law.
(C) When the department seizes property subject to forfeiture, the owner may redeem it before trial by paying to the department the fair market value of the property or one thousand dollars, whichever is less, if the property is not being held as evidence. Upon conviction of the owner, any funds held by the department as redemption monies must be disposed of according to law.
(D) If the department sells forfeited property, a sale must be at public auction for cash to the highest bidder at a public place in the county where the property was seized. Before the sale, the department must give ten days' notice by posting an advertisement of the sale at the county courthouse and by publishing the advertisement at least once in a newspaper of general circulation in the county. Upon sale, the department must first satisfy any costs and expenses of the seizure, advertisement, and sale including proper expenses incurred for the storage of the forfeited property.
(E) When the department seizes property subject to forfeiture and which is subject to a lien of record, the department must ascertain the fair market value of the property. Upon finding by the court that the property was unlawfully used as described in this section, any innocent lienholder of record may claim the property upon proof of his status as an innocent lienholder of record. The court must order the persons using the equipment to pay to the department the fair market value of the property, not to exceed one thousand dollars for each item. The property then must be relinquished to the innocent lienholder of record.
(F) Where the department seizes property subject to forfeiture and an innocent person other than a lienholder of record proves ownership of the property, the department must ascertain the fair market value of the property and, upon finding by the court that the property was used unlawfully as described in this section, the court must order persons using the equipment to pay to the department the fair market value of the property not to exceed one thousand dollars for each item. The property then must be returned to the innocent owner.
(G) Where property is seized pursuant to these sections and is subject to forfeiture but is being held as evidence, no redemption or return shall be allowed until after disposition of the case.
(H) The circuit court in the county in which the property was seized has jurisdiction of all civil forfeiture actions. The department must give notice to owners and lienholders of record and all other persons claiming an interest in the property pursuant to the South Carolina Rules of Civil Procedure."
SECTION 2. Section 50-1-60 of the 1976 Code, as last amended by Act 57 of 1997, is further amended to read:
"Section 50-1-60. The State is divided for the purpose of game into eleven zones:
(1) The first zone shall comprise the counties of Greenville, Oconee and Pickens;
(2) The second zone shall comprise the counties of Abbeville, Anderson, Edgefield, Greenwood, Laurens, McCormick, Newberry and Saluda;
(3) The third zone shall comprise the counties of Aiken, Calhoun, Lexington and Richland;
(4) The fourth zone shall comprise the counties of Cherokee, Chester, Fairfield, Lancaster, Spartanburg, Union and York;
(5) The fifth zone shall comprise the counties of Chesterfield, Kershaw and Marlboro;
(6) The sixth zone shall comprise the counties of Berkeley, Charleston, Dorchester and Orangeburg;
(7) The seventh zone shall comprise the counties of Dillon and Horry;
(8) The eighth zone shall comprise the counties of Darlington, Lee and Sumter;
(9) The ninth zone shall comprise the counties of Clarendon, Georgetown and Williamsburg;
(10) The tenth zone shall comprise the counties of Florence and Marion;
(11) The eleventh zone shall comprise the counties of Allendale, Barnwell, Bamberg, Beaufort, Colleton, Hampton and Jasper. For the purpose of regulation of wildlife, the State is divided into six game zones:
(1) Zone 1 consists of those portions of the counties of Greenville, Oconee, and Pickens which lie north and northwest of the main line of the Norfolk-Southern railroad track.
(2) Zone 2 consists of the counties of Abbeville, Anderson, Chester, Cherokee, Edgefield, Fairfield, Greenwood, Lancaster, Laurens, McCormick, Newberry, Saluda, Spartanburg, Union, York, and those portions of the counties of Greenville, Oconee, and Pickens which lie south and southeast of the main line of the Norfolk-Southern railroad track.
(3) Zone 3 consists of the counties of Aiken, Lexington, Richland, and Calhoun.
(4) Zone 4 consists of the counties of Chesterfield, Dillon, Florence, Horry, Kershaw, Marion, and Marlboro.
(5) Zone 5 consists of the counties of Clarendon, Darlington, Georgetown, Lee, Sumter, and Williamsburg.
(6) Zone 6 consists of the counties of Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Charleston, Colleton, Dorchester, Hampton, Orangeburg, and Jasper."
SECTION 3. The 1976 Code is amended by adding:
"Section 50-1-138. Every person who conspires to violate any provisions of the wildlife, fisheries, marine, and boating laws of this State is guilty of a misdemeanor and, upon conviction, is subject to a penalty not greater than that provided by law for the substantive violation. A person who simultaneously violates two or more provisions of the wildlife, fisheries, marine, or boating laws of this State is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than one year, or both. In addition to the criminal penalty, any person convicted of the provisions of this section shall have his privileges to hunt or fish, either recreationally or commercially, and his boating privileges revoked for two years."
SECTION 4. The 1976 Code is amended by adding:
"Section 50-9-535. It is unlawful to hunt, take, or possess migratory game birds without first obtaining a migratory game bird permit at no cost from the Department. Migatory game birds include doves, ducks, geese, woodcock, marsh hens, rails, common snipe, common moorhens, and purple gallinules (families: Columbidae, Anatidae, Rallidae, and Scolopacidae)."
SECTION 5. The 1976 Code is amended by adding:
"Section 50-9-1115. A person convicted of a violation of natural resources laws, littering, interfering with navigation, or fishing from a posted bridge or roadway and who fails to pay a fine or restitution as directed by the courts is not eligible to apply for or hold any license, permit, stamps, tags, or registration issued by the Department of Natural Resources. After notification by the respective courts of a failure to pay, the department must suspend all licenses, privileges, and registrations issued by it to the individual for a period of six months. After serving the suspension and paying the required fine or restitution, the department must reinstate all licenses, privileges, and registrations."
SECTION 6. Section 50-9-1120(2) of the 1976 Code, as added by Act 372 of 1996, is amended by adding a new subitem (s) to read:
"(s) hunting or taking waterfowl before or after legal hours; 18."
SECTION 7. Section 50-17-810 of the 1976 Code, as last amended by Section 1265 of Act 181 of 1993, is further amended by adding a new item at the end to read:
"( ) Except as otherwise provided, the season for taking shad is from the first day of February to the fourth day of May, from noontime on Monday through noon on Saturday."
SECTION 8. Sections 50-1-20, 50-1-40, 50-1-90, 50-1-100, 50-1-125, 50-3-360, 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, 50-13-815, 50-13-980, 50-13-990, 50-13-1010, 50-13-1020, 50-13-1194, 50-13-1450, 50-13-1470, 50-13-1940, 50-13-2010, 50-17-35, 50-17-811, 50-17-812, 50-17-813, 50-17-814, 50-17-815, 50-17-816, 50-17-817, 50-17-820, 50-17-850, 50-17-855, 50-17-865, 50-19-10, 50-19-110, 50-19-120, 50-19-130, 50-19-210, 50-19-220, 50-19-230, 50-19-240, 50-19-310, 50-19-330, 50-19-410, 50-19-710, 50-19-720, 50-19-730, 50-19-740, 50-19-750, 50-19-760, 50-19-770, 50-19-780, 50-19-1010, 50-19-1020, 50-19-1110, 50-19-1120, 50-19-1130, 50-19-1140, 50-19-1150, 50-19-1160, 50-19-1170, 50-19-1180, 50-19-1510, 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 50-19-3010 of the 1976 Code are repealed.
SECTION 9. This act takes effect upon approval by the Governor.