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COMMITTEE REPORT
April 3, 2002
S. 893
S. Printed 4/3/02--H. [SEC 4/9/02 2:59 PM]
Read the first time February 14, 2002.
To whom was referred a Bill (S. 893) to amend Section 50-11-430, as amended, Code of Laws of South Carolina, 1976, relating to the killing of bear, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
CHARLES R. SHARPE for Committee.
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:
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) 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. (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) to 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.
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