South Carolina General Assembly
116th Session, 2005-2006

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Bill 4448


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME ZONES OF THIS STATE, SO AS TO REVISE THE BOUNDARIES OF GAME ZONES 1 AND 2; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO THE OPEN SEASON FOR TAKING ANTLERED DEER, SO AS TO REVISE THE OPEN SEASON IN GAME ZONE 1 AND THE EQUIPMENT WHICH MAY BE USED DURING CERTAIN PERIODS; TO AMEND SECTION 50-11-430, AS AMENDED, RELATING TO BEAR HUNTING IN GAME ZONE 1, SO AS TO REVISE THE OPEN SEASON FOR TAKING BEAR, THE EQUIPMENT WHICH MAY BE USED DURING CERTAIN PERIODS, AND THE PROCEDURES WHICH MUST BE FOLLOWED WHEN A BEAR IS TAKEN, AND TO FURTHER PROVIDE FOR CERTAIN LAWFUL AND UNLAWFUL ACTIVITIES IN REGARD TO BEAR HUNTING.

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

SECTION    1.    Section 50-1-60(1) and (2) of the 1976 Code, as last amended by Act 57 of 1997, is further amended to read:

"(1)    the first zone shall be is comprised 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 from the Georgia line to South Carolina Highway 183, then along South Carolina Highway 183 east to the intersection of South Carolina Highway 183 and the Norfolk-Southern railroad track in Greenville County, and then along the Norfolk-Southern railroad track to the Spartanburg County line;

(2)    the second zone shall be is comprised of the counties of Abbeville, Anderson, Edgefield, Greenwood, Laurens, McCormick, Newberry, Saluda, 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 from the Georgia line to South Carolina Highway 183, then along South Carolina Highway 183 east to the intersection of South Carolina Highway 183 and the Norfolk-Southern railroad track in Greenville County, and then along the Norfolk-Southern railroad track to the Spartanburg County line;"

SECTION    2.    Section 50-11-310(A)(1) of the 1976 Code, as last amended by Act 30 of 2001, is further amended to read:

"(1)    In Game Zone 1: October first through October tenth, with primitive weapons only; October eleventh through October sixteenth, and October thirty- first through January first, with archery equipment and firearms, Sundays excepted with archery equipment and firearms; October seventeenth through October thirtieth with archery equipment only; October thirty-first through December nineteenth with archery equipment and firearms; December twentieth through December twenty-third with archery equipment only; and December twenty-fourth through January first with archery equipment and firearms."

SECTION    3.    Section 50-11-430 of the 1976 Code, as last amended by Act 209 of 2002, is further amended to read:

"Section 50-11-430.    (A)    The open season for hunting and taking bear in Game Zone One 1 is:

(1)    for still gun hunts: the third Monday in October through the following Saturday inclusive October seventeenth through October twenty-third and December seventeenth through December nineteenth, Sundays excepted; for party dog hunts: the fourth Monday in October through the following Saturday inclusive October twenty-fourth through October thirtieth and December twentieth through December twenty-third, Sundays excepted. During the period September first through October fifteenth, bears may be hunted with dogs at night only, no weapons allowed, Sundays excepted. In all other zones there is no open season for hunting and taking bear;

(2)    with the exception of individuals under sixteen years of age, an individual who hunts bear is required to possess a bear tag issued by the department at a cost of twenty-five dollars. Tags must be possessed and used only by the individual to whom they are issued. Revenue generated from the sale of bear tags must be used to administer the tag program, to protect bear habitat, and for bear research and management;

(3)    any bear taken must be reported to the department's Clemson office within the next business day of the time of taking tagged with a valid bear tag and reported to the department in the manner prescribed. The tag must be attached to the bear as prescribed by the department before being moved from the point of kill. A supervising adult must tag a bear taken by an individual less than sixteen years of age. Participants in party dog hunts who have previously tagged a bear may continue to participate in the hunt by maintaining possession of the tag carrier form that was issued with their tag.

(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 except pursuant to a permit issued by the department. This prohibition does not apply to bear lawfully taken in other jurisdictions;

( 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; and

(10)    buy, sell, barter, or exchange a bear or bear part.

(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 by September fifteenth. Each party shall have a hunt master and an assistant hunt master, one of whom must be present during the hunt. With the exception of individuals under sixteen years of age, all participants shall submit their bear tag number upon registration."

SECTION    4.    This act takes effect upon approval by the Governor.

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