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Bill 718

Indicates Matter Stricken
Indicates New Matter

Indicates Matter Stricken

Indicates New Matter

AMENDED AS PASSED BY THE SENATE

May 20, 2004

S. 718

S. Printed 5/20/04--S.

Read the first time May 27, 2003.

TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS, SO AS TO MAKE A TECHNICAL CHANGE, AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND LEASED OR ESTABLISHED AS WILDLIFE MANAGEMENT AREAS.

Amend Title To Conform

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

SECTION    1.    Section 50-11-2200 of the 1976 Code, as last amended by Act 70 of 2001, 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 establish open and closed seasons, bag limits, and methods for hunting and taking wildlife on all wildlife management areas.

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

(D)    The department may promulgate regulations for the protection, preservation, operation, maintenance, and use of land leased or otherwise established as wildlife management areas. Before promulgating a regulation for application to land not owned by the department, the department and the landowner must execute an agreement setting forth the specific uses of the land that the landowner grants the department authority to regulate in furtherance of the purposes of the wildlife management area program. The agreement may cover any use of the land from the acts contained in subsection (E).

(C)(E)    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)(F)    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."

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

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