South Carolina General Assembly
115th Session, 2003-2004

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Bill 168

Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

AMENDED

March 25, 2003

S. 168

Introduced by Senator Gregory

S. Printed 3/25/03--H.

Read the first time February 19, 2003.

            

A BILL

TO AMEND SECTION 50-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY AND PROHIBITIONS CONCERNING THE HUNTING OF WATERFOWL, SO AS TO REVISE PROVISIONS PERTAINING TO THE HUNTING OF MIGRATORY BIRDS AND WATERFOWL AND PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Amend Title To Conform

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

SECTION    1.    Section 50-11-10 of the 1976 Code is 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 migratory birds consistent with the regulations federal law. A violation of the Migratory Bird Treaty Act or its implementing regulations or related state law a violation of regulations set by the board 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 In addition, it is unlawful to:

(1)    trespassing to hunt trespass while hunting waterfowl;

(2)    hunting take or attempt to take waterfowl over bait;

(3)    shooting waterfowl over bait take or attempt to take waterfowl more than fifteen minutes before or after regularly designated hunting hours;

(4)    hunting waterfowl more than fifteen minutes before or after regularly designated hunting hours;

(5) (4)    possessing possess more than one waterfowl over the legal limit;

(6) (5)    hunting hunt waterfowl out of season.

(C)    A person who violates a provision of subsection (A), with the exception of those provisions specified in subsection (B), is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned not more than thirty days for each offense. A person who violates a provision of subsection (B) 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 for each offense."

SECTION    2.    This act takes effect upon approval by the Governor.

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