| Printed Page 3780, June 1 | Printed Page 3800, June 1 |

"Section 50-3-315. (A) The director may appoint deputy enforcement officers to serve without pay and shall establish their territorial jurisdiction. The officers, when acting in their official capacity, may enforce all laws and regulations relating to wildlife, marine, or natural resources fish and game, trespass, and littering laws within their territorial jurisdiction. The powers and duties of the officers must be established by regulations of the department. Deputy enforcement officers serve at the pleasure of the director. The Secretary of State shall transmit to the director the commissions of all officers. The director shall transmit each commission to the office of the clerk of court for the county in which the officer resides only after he files the oaths and bonds required by Section 50-3-330."

SECTION 237. Section 50-3-510 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-3-510. The department may, subject to the provisions of this article, may contract for the selective cutting and sale of timber on any lands held by the department on behalf of its Wildlife and Freshwater Fish Fisheries Division. No contract for such the cutting and sale shall may be entered into and no timber shall may be cut or sold unless the board decides that the cutting and sale of such the timber is for the best interests of the department and the improvement of its lands, by reason of thinning the timber, harvesting the over-age trees, and improving general forestry conditions. Prior to Before selling or cutting any such the timber the matter shall must be submitted to the State Forester, who shall investigate the propriety of making such the cutting and shall have the timber cruised and an estimate of the value made. If the State Forester finds that the sale is not in keeping with good forestry practices or will adversely will affect the remainder of the timber, the sale shall must not be made."

SECTION 238. Section 50-5-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-5-20. The department shall have jurisdiction over all salt-water fish, fishing and fisheries, all fish, fishing and fisheries in all tidal waters of the State and all fish, fishing and fisheries in all waters of the State whereupon a tax or license is levied for use for commercial purposes. This includes the following: All shellfish, crustaceans, diamond-back terrapin, sea turtles, porpoises, shad, sturgeon, herring and all other migratory fish except rock fish (striped bass)."

"Section 50-5-110. The department may adopt and promulgate rules and regulations for the government of the force under its control and for the control of fisheries, not contrary to or inconsistent with the laws and policy of the State, having the force and effect of law, and may provide penalties for violation thereof of the regulations not to exceed forfeiture of license or privilege previously granted by the Division department."

SECTION 240. Section 50-7-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-7-10. In pursuance of Article III of the Atlantic States Marine Fisheries Compact, of which this State is a signatory, there shall be three members, hereinafter called Compact Commissioners, of the Atlantic States Marine Fisheries Commission, hereinafter called the Compact Commission, from this State. The first Compact Commissioner from this State shall be the Director of the department or his designee, ex officio, and the term of any such ex officio Commissioner shall terminate at the time he ceases to hold such office and his successor as Compact Commissioner shall be his successor as Director of the department. The second Compact Commissioner from this State shall be a legislator and member of the Commission on Interstate Cooperation of this State, ex officio, designated by the Commission on Interstate Cooperation, and the term of any such ex officio Commissioner shall terminate at the time he ceases to hold such legislative position or such position as Commissioner on Interstate Cooperation, and his successor as Compact Commissioner shall be named in like manner. The Governor, by and with the advice and consent of the Senate, shall appoint a citizen as a third Compact Commissioner, who shall have a knowledge of and interest in the marine fisheries problem. The term of such Compact Commissioner shall be three years and he shall hold office until his successor shall be appointed and qualified. Vacancies occurring in the office of such commissioner from any reason or cause shall be filled by appointment by the Governor, by and with the advice and consent of the Senate, for the unexpired term. The director of the department as ex officio commissioner may delegate, from time to time, to any deputy or other subordinate in his department or office, the power to be present and participate, including voting as his representative or substitute, at any meeting of or hearing by or other proceeding of the Compact Commission. The terms of each of the initial three members shall begin at the date of the appointment of the appointive Compact Commissioner, provided the compact shall then have gone into effect in accordance with Article II thereof and otherwise shall begin upon

Any commissioner may be removed from office by the Governor upon charges and after a hearing, but opportunity to be heard shall be given."

SECTION 241. Section 50-9-70 of the 1976 Code, as added by Act 94 of 1993, is amended to read:

"Section 50-9-70. The South Carolina Wildlife and Marine Resources Department of Natural Resources shall establish programs in instruction on the safe use of firearms and archery tackle for hunting and hunter responsibility. The programs must include, but are not limited to, the selection, training, and certification of instructors, appropriate course materials and content, and criteria for successful course completion. The department shall authorize the issuance of a certificate of completion to persons successfully completing the course."

SECTION 242. Section 50-9-470 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-9-470. In lieu of obtaining a regular annual nonresident fishing license provided for by Section 50-9-460, a nonresident of this State may procure a temporary nonresident license for the purpose of fishing for game fish or other fish in this State. The temporary license authorizes the licensee to fish in any of the waters of this State for a period of seven specified consecutive days, in accordance with other regulations provided by law, and the license is valid for the period specified. The fee for the license is eleven dollars. Of this amount one dollar may be retained by the agent selling a license, and the balance must be remitted by the agent to the department and deposited in the State Treasury to the State Treasurer in the game protection fund. The department, at the end of each calendar year, shall credit the Santee-Cooper funds with an amount equal to the sum collected during the calendar year 1956 from the temporary license then in effect for those waters. If there is a general decline in revenue from all sources of the Wildlife and Freshwater Fish Fisheries Division of the department, the amount credited may be reduced by the same percentage of the decline."

SECTION 243. Section 50-17-320 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-17-320. (A) If the State authorizes any activity or use requiring the permanent closure of shellfish grounds, the portion of a permitted area which falls within the closed area may be removed from the permit acreage agreement by the board department. If a portion of the acreage is removed, the permit acreage agreement and annual fee must be adjusted on the annual renewal date as prescribed in Section 50-17-336.

The compensation must be remitted to the department and placed in a special fund for shellfish management.

Compensation and mitigation under authority of this section may not be considered as factors in justifying the issuance of any such permit and this section may not be interpreted as authorizing the closure of any shellfish grounds or authorizing the rendering of any bottoms unsuitable for shellfish propagation.

If an unauthorized action results in a closure of shellfishing waters or renders them temporarily or permanently unsuitable for the purpose of shellfish propagation, the party responsible for the action may be required by the department to mitigate the loss of the resource and to compensate for damages which result from the loss of the shellfish resource.

(C) The terms of the mitigation or compensation authorized by subsection (B) and the amount of the award of damages must be determined in the first instance by the board department. Its determination constitutes a final decision for the purpose of Section 1-23-380, and the affected party may seek judicial review pursuant to the decision."

SECTION 244. The first paragraph of Section 50-17-365 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-17-365. It is unlawful for any person to remove, take, or harvest any shellfish, as defined in Section 50-5-10, from the coastal waters and bottoms of the State from May fifteenth to September fifteenth, inclusive. The board department has the authority to open or close any area of state waters or bottoms for the removal, taking, or harvesting of shellfish for specified periods at any time during the year when biological and other conditions warrant the action. Nothing in this article may be construed to alter the authority of the Department of Health and Environmental Control to open and close shellfish grounds for public health reasons."

SECTION 245. Section 50-17-730 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-17-730. (A) As used in this section:

(2) `Soft shell crab' means a peeler crab which has recently has shed its hard shell.

(B) Notwithstanding the provisions of Section 50-17-720, any a person engaged in the catching, taking, or transporting of peeler crabs or in shedding peeler crabs for the purpose of producing soft shell crabs is required to have a valid permit or identification card issued by the department.

(C) Permits under this section must be issued only to bona fide dealers engaged in shedding peeler crabs and in possession of a valid license as provided in Section 50-17-180. The permits must be are in addition to any other licenses and permits required by law. The fee for each permit is seventy-five dollars annually for the license period beginning July first. Identification cards may be issued to a permit holder under this section to be used by persons employed by him to catch and transport peeler crabs to his shedding operation.

(D) The department has authority to inspect the business premises of any a person engaged in shedding peeler crabs.

(E) On each permit issued under this section the department has the authority to specify:

(a)(1) the area from which peeler crabs may be caught or taken by gear other than crab pots;

(b)(2) the types of gear or fishing equipment which may be used to take peeler crabs;

(c)(3) catch reporting requirements;

(d)(4) boat identification requirements;

(e)(5) any other provisions the department considers necessary to carry out the provisions of this section.

(F) Any A person violating the provisions of this section or any of the permit conditions of the Marine Resources Division of the department is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned thirty days. Upon conviction for a second offense, any permits issued under this section must be suspended for thirty days. Any A boat, with its equipment and rigging found engaged in the taking of peeler crabs after the permits have been suspended, must be confiscated and, upon conviction, must be sold as prescribed in Section 50-17-650."

SECTION 246. Title 50 of the 1976 Code is amended by adding:

1. `Board of the department' means the governing board of the Department of Natural Resources.

2. `Department' means the Department of Natural Resources.

3. `Advisory board' means the Heritage Trust Advisory Board.

4. `Natural area' means an area of land or water, or a combination thereof, generally, but not necessarily, large in size. Such an area may be in public or private ownership and shall contain relatively undisturbed ecosystems, landforms, threatened, endangered, or unique plant life or animal habitats, or other unusual or outstanding scientific, educational, aesthetic, or recreational characteristics.

5. `Natural feature' means an area of land or water, or a combination thereof, which is generally, but not necessarily, small in size. Such area may be in public or private ownership and shall contain or consist of outstanding remnants or natural elements of surviving undisturbed natural ecosystems such as record size individual species of plant life, nests or rookeries, geological formations, or objects of special scientific, educational, aesthetic, or recreational character.

6. `Cultural area or feature' means an area or feature which provides an outstanding example of our historical or archeological heritage. Such an area or feature shall be a site of special historic interest or contain outstanding remnants or elements of the way of life and significant events of our past so that through their preservation and the restoration of related existing structures, or the development of a historic area, as well as through study, investigation and examination of the material remains in that life, a record may be preserved of the interrelationship and effect between man's activities and his surrounding environment. A cultural area or feature may be one that is either publicly or privately owned.

7. `Heritage Preserve' means a natural or cultural area or feature which is `dedicated' under this chapter.

8. `Heritage Site' means a natural or cultural feature which has been recognized as such through `registration' under this chapter.

9. `Dedicate or dedication' means the process by which any natural or cultural area or feature shall be established as a Heritage Preserve in accordance with the procedures set out in Section 50-27-80. Dedication may result from either of the following methods, but no power of eminent domain is hereby conferred or granted to the board of the department, the advisory board, or the department under this chapter:

(b) `Acceptance' means the establishment of a Heritage Preserve whereby the owner of a natural or cultural area or feature transfers less than the fee simple interest therein to the board of the department for such purpose. Examples are granting of a `conservation or open space easement' or the transfer of title subject to a life estate or reverter. Interests in real estate of a term of years shall not qualify for dedication under this chapter.

10. `Register' or `registration' means the process by which the owner of a natural or cultural feature shall enter into a written agreement with the board of the department recognizing the unique and outstanding characteristics thereof in accordance with the procedures set out in Section 50-27-100.

11. `Priority areas and features list' means the list made up of those areas and features recommended by the advisory board, and approved by the board of the department, under this chapter whose preservation is of primary importance to the goals and purposes of this chapter and which are, therefore, eligible to be included as Heritage Preserves and Sites.

12. `The Heritage Trust Program' means the entire system established under this chapter to provide for the inventorying, preservation, use and management of unique and outstanding natural or cultural areas and features in this State. The term `Heritage Trust' means the legal trust which is created under Section 50-27-90.

Section 50-27-20. The General Assembly finds that as a part of the continuing growth of the population and the development of the economy of the State it is necessary and desirable that portions of the state's rich natural and cultural diversity be set aside as Heritage Preserves and Sites and protected for the benefit of present and future generations, for once disturbed they cannot be wholly restored. Such areas and features are irreplaceable as laboratories for scientific research; as reservoirs of natural materials for which the value and usefulness thereof is not yet fully known; as habitats for rare and vanishing species; and as living museums where people may observe natural biotic and environmental systems and as areas for study and enjoyment as examples of the lands, structures and related artifacts which represent significant parts of our historical and cultural heritage.

While a number of independent and differing efforts, both private as well as governmental, have been initiated to protect some of these assets, a coordinated and concerted program is needed in order to avoid

It is therefore the public policy of this State to secure for the people, both present and future generations, the benefits of an enduring resource of natural and cultural areas and features by establishing a system of Heritage Preserves and Sites; protecting this system; gathering and disseminating information regarding it; establishing and maintaining a listing of Heritage Preserves and Sites; and otherwise encouraging and assisting in the preservation of natural and cultural areas and features of this State.

Section 50-27-30. The Heritage Trust Program is created to achieve the following goals by protecting lands and making them available to state agencies, educational institutions, and public and private groups for the following purposes:

1 For research in such fields as archeology, agriculture, conservation, ecology, forestry, genetics, geology, history, paleontology, pharmacology, soil science, taxonomy, and similar fields by governmental employees, educational and scientific groups as well as by private individuals.

2. For the teaching of archeology, biology, conservation, ecology, geology, history, natural history, and other subjects.

3. As habitats and places for maintaining plant and animal species in communities.

4. As reservoirs of natural and cultural materials.

5. As places of natural and cultural interests and beauty whereby through visitation the public may observe, value, and enjoy natural and cultural processes and events. Unique recreational opportunities of a type not generally available through the existing State Park System may be provided, including outdoor sporting usage such as hunting and fishing as well as aesthetics, where wholly compatible and consistent with the character of the area or feature.

6. As benchmarks against which to measure such processes or events as well as the environmental degradation from natural and unnatural influences.

8. For the preservation and protection of Heritage Preserves and Sites against modification or encroachment resulting from occupation, development, or other uses which would destroy their natural and cultural character.

9. As places for maintaining representative lands and related structures which illustrate periods, events, styles, and uses of the land in our state's historic and cultural heritage.

Section 50-27-40. The board of the department shall have the following duties, responsibilities, and powers under this chapter:

1. To serve as trustee of the trust created under this chapter and to carry out the powers, duties, and responsibilities thereunder;

2. To supervise the establishment, updating and maintenance of a statewide inventory of the natural and cultural resources and the maintenance of a list of those areas and features selected or established under this chapter as priority areas and features or as Heritage Preserves and Sites;

3. To select from the recommendations of the advisory board those natural and cultural features, the preservation of which is of primary importance to the goals and purposes of this chapter, and to classify such as priority areas and features;

4. To select from the recommendations of the advisory board those priority areas and features which should be dedicated or recognized as Heritage Preserves or Sites, and thereafter to establish as such through dedication or recognition;

5. To select from the recommendations of the advisory board those Heritage Preserves, interests therein or portions thereof, deserving of protection under the Heritage Trust and thereafter to transfer same into the corpus of the trust.

6. To conduct public hearings on the question of whether any particular natural or cultural area or feature should be established as a Heritage Preserve or Site, or on the uses or nonuses which shall apply to any area dedicated under the Heritage Trust Program;

7. To manage or provide for the management of Heritage Preserves through the promulgation of rules and regulations designed to preserve the primary natural character of such areas or features and to provide the maximum public usage thereof which is compatible and consistent with the character of the area. Management duties and responsibilities may be

8. To cooperate with and to enter into agreement with other state, federal, county, and local units of government as well as private groups for the promotion of the purposes of this chapter including the carrying out of other requirements under federal and state law.

9. To report annually to the Governor and to the General Assembly as to the activities of the Heritage Trust Program and its future plans, and to make any specific recommendations which it feels, if implemented, would assist in achieving the goals and purposes of this chapter.

Section 50-27-50. The Heritage Trust Advisory Board is hereby created to assist the board of the department in carrying out its duties and responsibilities under this chapter. The advisory board shall consist of seventeen members who shall be chosen as follows and shall elect from its membership a chairman:

1. From the general public, six persons, one from each congressional district within the State, who shall be appointed by the Governor and serve for a term of six years. Of these six, four persons shall be from the scientific community who are recognized and qualified experts in the ecology of natural areas, and two persons shall be from the cultural community who are recognized and qualified experts in the history and archeology of the State. The term `expert' does not of necessity denote a professional but one learned and interested in the field.

2. From state government, the following persons or their designees:

A. The Chairman of the board of the Department of Natural Resources;

B. The Director of the Department of Natural Resources;

C. The Director of the South Carolina Department of Parks, Recreation and Tourism;

D. The Director of the Department of Environmental Control;

E. The Director of the South Carolina Department of Archives and History;

F. The State Forester;

G. The State Archeologist;

H. The Director of the State Museum; and

I. The Director of the Department Secretary of Commerce.

Provided, however, of the initial appointees under this section, that of the six persons appointed under Item 1 above, two shall serve for a term of two years, two for a term of four years, and two for a term of six years.

| Printed Page 3780, June 1 | Printed Page 3800, June 1 |

This web page was last updated on Monday, June 29, 2009 at 2:12 P.M.