2001-2002 Bill 248: Wildlife management areas, Natural Resources Department to regulate use of; Fish and game

South Carolina General Assembly
114th Session, 2001-2002

Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format

Bill 248

                    Current Status

Bill Number:                      248
Ratification Number:              98
Act Number:                       70
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010131
Primary Sponsor:                  Martin
All Sponsors:                     Martin, Leventis, Gregory, Branton and 
                                  Alexander
Drafted Document Number:          l:\council\bills\swb\5130djc01.doc
Date Bill Passed both Bodies:     20010531
Date of Last Amendment:           20010530
Governor's Action:                S
Date of Governor's Action:        20010718
Subject:                          Wildlife management areas, Natural 
                                  Resources Department to regulate use of; Fish 
                                  and game


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20010802  Act No. A70
------  20010718  Signed by Governor
------  20010605  Ratified R98
House   20010531  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  20010530  House amendments amended,
                  returned to House with amendment
House   20010525  Read third time, returned to Senate
                  with amendment
House   20010524  Amended, read second time, 
                  unanimous consent for third reading 
                  on Friday, 20010525
House   20010524  Request for debate withdrawn
                  by Representative                              Ott
                                                                 Kirsh
                                                                 Littlejohn
                                                                 Simrill
                                                                 Perry
                                                                 Robinson
                                                                 Rice
                                                                 Easterday
                                                                 Phillips
                                                                 J.H. Neal
House   20010523  Request for debate by Representative           Rice
                                                                 Easterday
                                                                 Kirsh
                                                                 Perry
                                                                 Littlejohn
                                                                 Sharpe
                                                                 Ott
                                                                 Clyburn
                                                                 Limehouse
                                                                 J.H. Neal
                                                                 Phillips
House   20010523  Amended
House   20010523  Request for debate by Representative           Robinson
                                                                 Simrill
House   20010517  Committee report: Favorable with       20 HANR
                  amendment
House   20010329  Introduced, read first time,           20 HANR
                  referred to Committee
Senate  20010328  Read third time, sent to House
Senate  20010327  Read second time, notice of
                  general amendments
------  20010326  Scrivener's error corrected
Senate  20010322  Committee report: Favorable            07 SFGF
Senate  20010131  Introduced, read first time,           07 SFGF
                  referred to Committee


              Versions of This Bill
Revised on March 22, 2001 - Word format
Revised on March 26, 2001 - Word format
Revised on May 17, 2001 - Word format
Revised on May 23, 2001 - Word format
Revised on May 24, 2001 - Word format
Revised on May 30, 2001 - Word format

View additional legislative information at the LPITS web site.

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

(A70, R98, S248)

AN ACT TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARINE RESOURCES ACT, BY ADDING SECTION 50-5-1340 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE CRAB POTS FOR COMMERCIAL PURPOSES IN LITTLE CHECHESSEE CREEK IN BEAUFORT COUNTY; TO AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND OWNED BY THE DEPARTMENT; TO PROVIDE THAT HUNTING, FISHING, BAG AND CREEL LIMITS, HIKING, ROCK CLIMBING, OPERATION OF MOTORIZED AND NONMOTORIZED VEHICLES, SWIMMING, CAMPING, HORSE RIDING, OPERATION OF BOATS, POSSESSION OF PETS, GATHERING PLANTS, USE OF FIRE, POLLUTING WATER, ACTING IN A DISORDERLY MANNER, AND OPERATING OR USING AUDIO DEVICES OR ANY OTHER NOISE PRODUCING DEVICES IN SUCH A MANNER TO DISTURB OTHER PERSONS ARE UNLAWFUL ON LAND OWNED BY THE DEPARTMENT; TO PROVIDE THAT THE DEPARTMENT MAY PROMULGATE REGULATIONS ALLOWING CERTAIN ACTIVITIES NOT INCONSISTENT WITH THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF DEPARTMENT LANDS; TO PROVIDE THAT THE DEPARTMENT MAY ALSO PROMULGATE EMERGENCY REGULATIONS ALLOWING CERTAIN ACTIVITIES NOT INCONSISTENT WITH THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF DEPARTMENT LANDS; AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION.

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

Establishment, lease, or purchase of wildlife management lands; unlawful actions and conduct; regulations for management of department lands; penalties

SECTION 1. Section 50-11-2200 of the 1976 Code, as last amended by Act 372 of 1996, is further amended to read:

"Section 50-11-2200. (A) Subject to available funding, the department shall acquire sufficient wildlife habitat through lease or purchase or otherwise to establish wildlife management areas for the protection, propagation, and promotion of fish and wildlife and for public hunting and fishing. The department may not have under lease at any one time more than one million six hundred thousand acres in the wildlife management area program. The department may not pay more than fair market value for the lease of lands in the area. The department may not lease land for the program which, during the preceding twenty-four months, was held under a private hunting lease. However, this restriction does not apply:

(1) if the former lessee executes a voluntary consent to the proposed wildlife management area lease;

(2) if the lessor cancels the lease; or

(3) to any lands which, during the twenty-four months before June 5, 1986, were in the game management area program. The department may establish open and closed seasons, bag limits, and methods for hunting and taking wildlife on all wildlife management areas.

(B) The department may promulgate regulations for the protection, preservation, operation, maintenance, and use of land owned by the department.

(C) The following acts or conduct are prohibited and shall be unlawful on all land owned by the department; provided, however, the department may promulgate regulations allowing any of the acts or conduct by prescribing acceptable times, locations, means, and other appropriate restrictions not inconsistent with the protection, preservation, operation, maintenance, and use of such lands:

(1) hunting or taking wildlife or fish during closed season;

(2) exceeding bag or creel limits;

(3) hunting or taking wildlife;

(4) hiking;

(5) rock climbing;

(6) operation of motorized and nonmotorized vehicles;

(7) swimming;

(8) camping;

(9) horse riding;

(10) operation of boats;

(11) possession of pets;

(12) gathering plants;

(13) use of fire, except by the department for management purposes;

(14) polluting or contaminating any water;

(15) acting in a disorderly manner or creating any noise which would result in annoyance to others;

(16) operating or using audio device, including radio, television, musical instruments, or any other noise producing devices, such as electrical generators, and equipment driven by motor engines, in such a manner and at such times as to disturb other persons and no person shall operate or use any public address system.

(D) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or be imprisoned for not more than thirty days, or both."

Commercial use of crab pots in Little Chechessee Creek in Beaufort County unlawful

SECTION 2. Chapter 5, Title 50 of the 1976 Code is amended by adding:

"Section 50-5-1340. It is unlawful to set or use a trap or basket commonly known as a 'crab pot' to catch crab for commercial purposes within Little Chechessee Creek in Beaufort County. Individuals may set two crab pots to catch crab for personal consumption and not for sale. "

Time effective; emergency regulations allowing certain acts or conduct on department lands

SECTION 3. (A) This act takes effect upon approval by the Governor, except that Section 50-11-2200(C) of the 1976 Code, as added by Section 1 of this act, takes effect when final regulations promulgated by the Department of Natural Resources become effective in accordance with the Administrative Procedures Act.

(B) Notwithstanding the provisions of subsection (A), the Department of Natural Resources may promulgate emergency regulations in accordance with the Administrative Procedures Act allowing any of the following acts or conduct on land owned by the department by prescribing acceptable times, locations, means, and other appropriate restrictions not inconsistent with the protection, preservation, operation, maintenance, and use of such lands: