Bill 4233

                    Current Status

Bill Number:               4233
Ratification Number:       461
Act Number                 401
Introducing Body:          House
Subject:                   Taking of bear and bear parts; nuisance
                           bears

(A401, R461, H4233)

AN ACT TO AMEND SECTION 50-11-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE KILLING OF BEAR, SO AS TO PROVIDE NEW OFFENSES AND PENALTIES PERTAINING TO THE TAKING OF BEAR AND BEAR PARTS AND TO DELETE THE PROVISION FOR THE ISSUANCE OF PERMITS TO KILL NUISANCE BEARS.

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

Taking of bear and bear parts; nuisance bears

SECTION 1. Section 50-11-430 of the 1976 Code is 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 South Carolina Wildlife and Marine Resources 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."

Time effective

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

Approved the 3rd day of April, 1990.