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893Ratification Number: 239Act Number: 209Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20020116Primary Sponsor: GregoryAll Sponsors: GregoryDrafted Document Number: l:\council\bills\swb\5050djc02.docDate Bill Passed both Bodies: 20020405Governor's Action: SDate of Governor's Action: 20020422Subject: Bear hunting and taking of; open season in Game Zone 1, reporting requirements to Department of Natural Resources' Clemson OfficeHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020514 Act No. A209 ------ 20020422 Signed by Governor ------ 20020416 Ratified R239 ------ 20020409 Scrivener's error corrected House 20020405 Read third time, enrolled for ratification House 20020404 Read second time, unanimous consent for third reading on the next Legislative day House 20020403 Committee report: Favorable 20 HANR House 20020214 Introduced, read first time, 20 HANR referred to Committee Senate 20020213 Read third time, sent to House Senate 20020207 Read second time ------ 20020207 Scrivener's error corrected Senate 20020206 Committee report: Favorable 07 SFGF Senate 20020116 Introduced, read first time, 07 SFGF referred to Committee Versions of This Bill Revised on February 6, 2002 - Word format Revised on February 7, 2002 - Word format Revised on April 3, 2002 - Word format Revised on April 9, 2002 - Word format
(A209, R239, S893)
AN ACT TO AMEND SECTION 50-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE KILLING OF BEAR, SO AS TO DELETE THE EXISTING PROVISIONS AND PROVIDE FOR OPEN SEASON IN GAME ZONE ONE FOR STILL GUN AND PARTY DOG HUNTS AND TO PROVIDE THAT IN ALL OTHER ZONES THERE ARE NO OPEN SEASONS; TO REQUIRE THAT BEAR TAKEN BE REPORTED TO THE DEPARTMENT OF NATURAL RESOURCES' CLEMSON OFFICE; TO PROVIDE THAT IT IS UNLAWFUL TO TAKE A BEAR EXCEPT DURING OPEN SEASON; TO OTHERWISE RESTRICT THE TAKING, METHOD OF HUNTING, OR POSSESSION OF CERTAIN BEAR AND BEAR PARTS; AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
Open season, unlawful acts, and penalties relating to hunting bear in Game Zone One and possession of bear and bear parts
SECTION 1. Section 50-11-430 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-430. (A) The open season for taking bear in Game Zone One is:
(1) for still gun hunts: the third Monday in October through the following Saturday inclusive; for party dog hunts: the fourth Monday in October through the following Saturday inclusive. In all other zones there is no open season for taking bear;
(2) any bear taken must be reported to the department's Clemson office within the next business day of the time of taking.
(B) It is unlawful to:
(1) hunt, take, or attempt to take a bear except during the open season;
(2) hunt, take, or attempt to take bear except as allowed by this title;
(3) take more than one bear per person during still gun hunt season or more than three per party during party dog hunt season;
(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) pursue bear with dogs; except during the open season for hunting and taking bear with dogs;
(9) hunt or take bear near bait or by the use or aid 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, each person convicted of a violation of this section shall pay restitution 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.
(E) Party dog hunts may not exceed twenty-five participants and must register with the department."
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 16th day of April, 2002.
Approved the 22nd day of April, 2002.
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