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A306, R327, S1208
Sponsors: Senator Land
Document Path: l:\council\bills\gjk\20915sd06.doc
Companion/Similar bill(s): 4683
Introduced in the Senate on March 2, 2006
Introduced in the House on March 22, 2006
Last Amended on March 16, 2006
Passed by the General Assembly on May 18, 2006
Governor's Action: May 24, 2006, Signed
Summary: Shooting preserves
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/2/2006 Senate Introduced and read first time SJ-5 3/2/2006 Senate Referred to Committee on Fish, Game and Forestry SJ-5 3/15/2006 Senate Committee report: Favorable with amendment Fish, Game and Forestry SJ-17 3/16/2006 Senate Amended SJ-19 3/16/2006 Senate Read second time SJ-19 3/21/2006 Senate Read third time and sent to House SJ-15 3/22/2006 House Introduced and read first time HJ-7 3/22/2006 House Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ-7 5/11/2006 House Committee report: Favorable Agriculture, Natural Resources and Environmental Affairs HJ-2 5/17/2006 House Read second time HJ-121 5/18/2006 House Read third time and enrolled HJ-38 5/23/2006 Ratified R 327 5/24/2006 Signed By Governor 5/31/2006 Copies available 5/31/2006 Effective date 05/24/06 6/8/2006 Act No. 306
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A306, R327, S1208)
AN ACT TO AMEND ARTICLE 7, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND OPERATION OF SHOOTING PRESERVES, SO AS TO REVISE THE MANNER OF THEIR ESTABLISHMENT AND LICENSING, THE LEGAL SHOOTING PRESERVES SPECIES, AND OTHER PROVISIONS PERTAINING TO THE OPERATION OF SHOOTING PRESERVES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 7, Chapter 11, Title 50 of the 1976 Code is amended to read:
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.
Section 50-11-1205. 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 50-11-1210. The annual fee for obtaining a shooting preserve 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 of it. A separate application and fee is required for each area of contiguous acreage as specified in Section 50-11-1220.
Section 50-11-1220. 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 not restricted to a maximum number of contiguous acres. Proof of ownership or leasehold interest and accurate maps or plats identifying the proposed area must accompany all applications.
Section 50-11-1230. 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 50-11-1240. For the privilege of shooting on licensed shooting preserves, a person may purchase a statewide shooting preserve license for not more than eight dollars and fifty cents. A shooting preserve license allows the shooting only of those species for which an individual shooting preserve is authorized.
Section 50-11-1250. Legal shooting preserve species are pen-raised bobwhite quail, pheasants, and chukars. The department may designate additional species by regulation.
Section 50-11-1260. Notwithstanding the limitations of Section 50-11-1250, a shooting preserve operator licensed as of December 31, 2005, to release pen-raised mallards or pen-raised turkeys may continue this privilege. All other provisions of this article shall apply. Once the current shooting preserve operator chooses not to release pen-raised mallards or pen-raised turkeys, the privilege is revoked. If the current shooting preserve operator does not choose to apply for renewal of a shooting preserve license, the privilege is revoked. The current license may not be transferred in any form or manner at any time to anyone. The current license cannot increase or decrease current acreage.
Section 50-11-1270. The shooting season is a consecutive six-month period, beginning October first and continuing through the following March thirty-first.
Section 50-11-1280. There is no harvest limit on species designated as shooting preserve species.
Section 50-11-1290. All harvested designated shooting preserve species must be tagged before removal from a shooting preserve and the tags must remain affixed until the animal is prepared for consumption. If these 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. Tags must contain the hunter's name, address, total number, and species, the date the animals were harvested and name of shooting preserve where harvested.
Section 50-11-1300. The department shall furnish no game for the stocking of any preserve provided for by this article.
Section 50-11-1310. A licensed shooting preserve operator may apply to the department for a permit to operate a quail call pen trap during the shooting preserve season for the purpose of recovering any quail that are not killed.
Section 50-11-1320. (A) 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.
(B) The cage facility must be structurally sound and maintained in good repair to protect the animals from injury, to minimize the possibility of escape, and to prevent entrance by other animals.
Section 50-11-1330. Each shooting preserve operator shall maintain a record of the number of shooting preserve designated species released and the number of shooting preserve designated species harvested by month from October through March of each shooting preserve season. Each shooting preserve operator shall maintain a record of the number of hunters and the number of hunts each month from October through March of each shooting preserve season. At the discretion of the department other records may be required. Operators must furnish the department a copy of these records within sixty days after the end of the shooting preserve season. If the department does not receive this required information within the sixty-day period, the shooting preserve license may not be issued for the next shooting preserve season.
Section 50-11-1340. 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 50-11-1350. A 'pen-raised quail' is one that is hatched and subsequently wholly raised and confined in a pen or coop.
Section 50-11-1360. 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 50-11-1370. 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 50-11-1380. 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 50-11-1390. 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 50-11-1400. 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 50-11-1410. 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 50-11-1420. 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 50-11-1430. All pen-raised quail offered for sale must be killed otherwise than by shooting.
Section 50-11-1440. 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 50-11-1450. 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 2. This act takes effect upon approval by the Governor.
Ratified the 23rd day of May, 2006.
Approved the 24th day of May, 2006.
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