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COMMITTEE AMENDMENT AMENDED AND ADOPTED AND AMENDED
May 17, 2007
S. 691
S. Printed 5/17/07--S. [SEC 5/21/07 2:11 PM]
Read the first time April 19, 2007.
TO AMEND SECTION 50-11-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR BUYING, SELLING, OR DISPLAYING FOR SALE CARCASSES OR PARTS OF WILD RABBITS IN GAME ZONES 2 AND 4, SO AS TO MAKE SUCH CONDUCT UNLAWFUL STATEWIDE AND TO INCREASE THE PENALTY TO A MAXIMUM OF FIVE HUNDRED DOLLARS; BY ADDING SECTION 50-11-300 SO AS TO DESIGNATE WHICH SPECIES CONSTITUTE BIG GAME; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO THE STUDY OF GAME ZONES RESTOCKED WITH WILD TURKEYS AND THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO SET OPEN AND CLOSED SEASONS ON MALE WILD TURKEYS, SO AS TO ALSO ENABLE THE DEPARTMENT TO SET OTHER OPEN AND CLOSED SEASONS; TO AMEND SECTION 50-11-565, AS AMENDED, RELATING TO THE USE OF CROSS BOWS, SO AS TO STRIKE THE ENTIRE SECTION AND PROVIDE A DEFINITION OF ARCHERY EQUIPMENT AS USED IN THIS TITLE; TO AMEND SECTION 50-13-385, RELATING TO THE MINIMUM SIZE OF LARGEMOUTH BASS FROM LAKES MARION, MOULTRIE, AND WYLIE THAT A PERSON MAY TAKE OR POSSESS, SO AS TO INCLUDE ALL OF LAKE WYLIE INSTEAD OF THE PORTION OF LAKE WYLIE LOCATED IN YORK COUNTY AND IN GAME ZONE 4; TO AMEND SECTION 50-11-708, AS AMENDED, RELATING TO THE USE OF ARTIFICIAL LIGHTS TO OBSERVE OR HARASS WILDLIFE, SO AS TO PROVIDE THAT A LESSEE MAY USE ARTIFICIAL LIGHTS TO PROTECT HIS PROPERTY; TO AMEND SECTION 50-21-125, AS AMENDED, RELATING TO RESTRICTIONS ON SWIMMING NEAR A PUBLIC BOAT LANDING OR RAMP IN THE VICINITY OF A HYDROELECTRIC GENERATION UTILITY AND THE ESTABLISHMENT OF A NO WAKE ZONE, SO AS TO ELIMINATE THE REQUIREMENT THAT THE DEPARTMENT SHALL ISSUE AND POST SIGNS IN THE NO WAKE ZONE INFORMING THE PUBLIC OF THE NO WAKE ZONE; TO AMEND SECTION 50-21-180, AS AMENDED, RELATING TO THE PROHIBITION OF RIDING SURFBOARDS NEAR FISHING PIERS IN GAME ZONE 7 AND GEORGETOWN COUNTY, SO AS TO MAKE SUCH CONDUCT UNLAWFUL STATEWIDE; TO REPEAL SECTION 50-3-360 RELATING TO ADDITIONAL DEPUTY ENFORCEMENT OFFICERS FOR GAME ZONE 2; TO REPEAL SECTION 50-11-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING; TO REPEAL SECTION 50-11-550 RELATING TO THE UNLAWFUL DISCHARGE OF A WEAPON OTHER THAN A SHOTGUN DURING CERTAIN TIMES OF YEAR IN CERTAIN AREAS; TO REPEAL SECTION 50-13-20 RELATING TO LAWFUL METHODS OF CATCHING FISH IN CERTAIN LAKES AND BOYD'S MILL POND IN GAME ZONE 2; TO REPEAL SECTION 50-13-65 RELATING TO AUTHORIZATION OF CLOSED SEASON ON STREAMS IN GAME ZONE 1; TO REPEAL SECTION 50-13-90 RELATING TO CLOSED SEASON ON TROUT; TO REPEAL SECTION 50-13-980 RELATING TO PRESUMPTION FROM POSSESSION OF FISH IN EXCESS OF LEGAL LIMITS; TO REPEAL SECTION 50-13-1010 RELATING TO THE APPLICATION OF PROVISIONS IN ARTICLE 6; TO REPEAL SECTION 50-13-1020 AND CERTAIN DEFINITIONS; TO REPEAL SECTION 50-19-2220 RELATING TO CERTAIN WATERS OF THE SAVANNAH RIVER; TO REPEAL SECTION 50-19-2230 RELATING TO AMENDMENTS AND ADDITIONS TO FISHING REGULATIONS IN CERTAIN WATERS OF THE SAVANNAH RIVER; AND TO REPEAL SECTION 50-19-3010 RELATING TO LAWFUL METHODS FOR CATCHING FISH IN FAIRFOREST CREEK IN UNION AND SPARTANBURG COUNTIES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-11-170 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-170. Any person who buys, sells, or displays for sale in Game Zones 2 and 4 the carcasses of wild rabbits or parts of wild rabbits is guilty of a misdemeanor and must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days It is unlawful to buy or sell, or offer to buy or sell, the carcass or parts of a wild rabbit. A person convicted pursuant to this section is guilty of a misdemeanor and must be fined up to one hundred dollars."
SECTION 2. Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-300. The following species constitute big game: white tailed deer, wild turkey, and black bear."
SECTION 3. Section 50-11-335(B)(1) of the 1976 Code, as last amended by Act 289 of 2006, is further amended to read:
"(1) Game Zones 1 and 2: as set by the department daily not more than two or annually not more than five for all seasons combined;"
SECTION 4. Section 50-11-520 of the 1976 Code, as last amended by Act 289 of 2006, is further amended to read:
"Section 50-11-520. The season for hunting and taking a male wild turkeys turkey (gobblers gobbler) in Game Zone 6 is March 15 through May 1 inclusive; in all other game zones the season for hunting and taking a male wild turkeys turkey (gobblers gobbler) is April 1 through May 1 inclusive. The department may make a special studies study, in all a game zones zone of this State and, after such studies a study the department may declare other open or closed seasons of such duration as it considers advisable for the taking of turkeys. The department may declare an open season in any of the game zones and on WMA lands by promulgating regulations in accordance with the Administrative Procedures Act to establish the dates, places, and bag limits and may set the season and other conditions for hunting and taking wild turkeys on WMA lands."
SECTION 5. Section 50-11-565 of the 1976 Code, as last amended by Act 246 of 2004, is further amended to read:
"Section 50-11-565. (A) As used in this section:
(1) "Archery equipment" and "bow and arrow" mean either a longbow, recurve bow, or compound bow that propels an arrow by means of limbs and a string, that is hand-held, hand-drawn, and held in a drawn position by hand or hand-held release mechanism and that has no mechanical device to enable the shooter to lock or prop the bow at full or partial draw. Other than energy stored by the drawn bow, no device to propel the arrow is permitted.
(2) "Crossbow" means a device for propelling an arrow or bolt by means of a bow or other limbs affixed transversely to a stock which utilizes a nonhand-held locking mechanism to maintain the device in a drawn, partially drawn, or ready to fire condition. A crossbow is not archery equipment or a bow and arrow.
(3) "Upper limb disability" means an impairment certified by a licensed neurologist or orthopedist which prevents a person from holding the mass weight of archery equipment or a bow and arrow at arms length perpendicular to the body, or drawing or pulling the string of archery equipment or a bow and arrow of a minimum draw weight of forty pounds.
(B) Crossbows are legal for use statewide during any open season for deer, turkey, or bear by a person who suffers from an upper limb disability, provided the person, while hunting, has in immediate possession a written statement certifying the disability. The statement, based on a physical examination by a certifying neurologist, orthopedist, or rheumatologist shall describe the disability and shall state the person is not capable of operating archery equipment or a bow and arrow. A copy of the statement must be provided to the department prior to hunting with a crossbow.
(C) Except as provided in subsection (B), the use of crossbows during any open season for wild turkeys is unlawful and the use of crossbows during any archery equipment or bow and arrow only season is also unlawful. The use of a crossbow on private property statewide during the firearms or muzzleloader season for deer and bear is not prohibited.
(D) Notwithstanding this section or another provision of law, it is not unlawful for a person sixty-two years of age or older to use a crossbow to hunt during seasons when the use of primitive weapons is authorized for hunting. As used in this chapter, archery equipment means a bow and arrow, a long bow, a recurve bow, a compound bow, or a cross bow."
SECTION 6. Section 50-11-708 of the 1976 Code, as amended by Act 289 of 2006, is further amended to read:
"Section 50-11-708. [Text of section effective until July 1, 2007; for text of section effective from and after that date, see infra.]
(A) In Game Zone 6 the use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful. However, this section does not prohibit an owner of real property or a person with a legal interest in real property from the use of artificial lights from any vehicle or water conveyance for the purpose of surveying or protecting the property. This section does not prohibit a person or group observing wildlife with the use of artificial lights who is engaged in research or documentary filming when done with written permission of the landowner and/or leaseholder of the property.
(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.
(C) Nothing in this section may be construed to prohibit the lawful hunting of raccoon and fox.
[Effective July 1, 2007, this section reads as follows and is named "Use of artificial lights; penalties"; for text of section effective until that date, see supra.]
(A) In all game zones the use of artificial lights for the purpose of observing or harassing wildlife is unlawful. However, this section does not prohibit an owner of real property or a person with a legal interest in real property from the use of artificial lights for the purpose of surveying or protecting the property. This section does not prohibit a person or group observing wildlife with the use of artificial lights who is engaged in research or documentary filming when done with written permission of the department and the landowner or leaseholder of the property.
(A) In all game zones, the use of artificial lights for the purpose of observing or harassing wildlife is unlawful, except that a property owner, lessee, or person with written permission from the property owner may use artificial lights to observe wildlife prior to 11:00 p.m. This section does not prohibit an owner of real property from using artificial lights for the purpose of protecting the property. This section does not prohibit the use of remote trail monitors or cameras from fixed locations on a property, nor does it prohibit a person or group, with written permission of the landowner or leaseholder of the property, from observing wildlife with the use of artificial lights who is engaged in research or documentary filming.
(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.
(C) Nothing in this section may be construed to prohibit the lawful hunting of raccoon and fox."
SECTION 7. Section 50-13-385 of the 1976 Code, as added by Act 3 of 2001, is amended to read:
"Section 50-13-385. It shall be is unlawful to take or possess largemouth bass less than twelve inches in length in Lake Marion, Lake Moultrie, and in Lake Wylie located in York County in Game Zone 4. Any A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall must be fined in an amount not to exceed one hundred dollars or imprisoned for a term not to exceed thirty days."
SECTION 8. Section 50-21-125 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 50-21-125. It is unlawful for any a person to swim within fifty feet of a public boat landing or ramp located on a lake or reservoir constructed or developed by an investor-owned utility for hydroelectric generation. For the purposes of this section, a public boat landing or ramp is one owned or maintained by an investor-owned utility for hydroelectric generation and is available to the public at large. The no swimming area where swimming is prohibited must be clearly marked and signs must be posted to give public notice that no swimming is allowed in the area. Watercraft shall must slow to no wake speed when operated within two hundred feet of the landing or ramp. The department shall issue a sufficient number of signs to inform operators of motorboats that the area is a no wake zone. The signs must have printed on them 'SLOW TO NO WAKE SPEED'. The provisions of this section do not apply in that portion of Game Zone No. 4 in Lancaster County."
SECTION 9. Section 50-11-500(4) of the 1976 Code is amended to read:
"(4) It is unlawful for a person to buy, sell, offer for sale, barter, or have in possession for sale any wild turkeys. Notwithstanding this subsection or any other provision of law, a person may buy, sell, offer for sale, barter, or have in possession for sale the feathers of a legally taken wild turkey, including the use of wild turkey feathers by American Indians for arts and crafts."
SECTION 10. Sections 50-3-360, 50-11-30, 50-11-550, 50-13-20, 50-13-65, 50-13-90, 50-13-980, 50-13-1010, 50-13-1020, 50-19-2220, 50-19-2230, and 50-19-3010 of the 1976 Code are repealed.
SECTION 11. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 12. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 13. This act takes effect upon approval by the Governor.
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