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COMMITTEE REPORT
May 11, 2006
S. 1208
S. Printed 5/11/06--H.
Read the first time March 22, 2006.
To whom was referred a Bill (S. 1208) to amend Article 7, Chapter 11, Title 50, Code of Laws of South Carolina, 1976, relating to the establishment and operation of shooting preserves, so as to, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
WILLIAM D. WITHERSPOON for Committee.
TO AMEND ARTICLE 7, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND OPERATION OF SHOOTING PRESERVES, SO AS TO REVISE THE MANNER OF THEIR ESTABLISHMENT, THE LEGAL SHOOTING PRESERVES SPECIES, AND OTHER PROVISIONS PERTAINING TO THE OPERATION OF SHOOTING PRESERVES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 7, Chapter 11, Title 50 of the 1976 Code is amended to read:
Section 50-11-1200. The department may grant operating licenses for shooting preserves which are privately owned and operated under the terms and provisions as provided in this article. Shooting preserves may not be established for the purpose of extending the regular hunting seasons for native species. The department may grant operating licenses for shooting preserves which are privately owned and operated under the terms and provisions as provided in this article.
Section 50-11-1210. No new preserve may be licensed by the department without the approval of the majority of the legislative delegation of the county in which such preserve is to be located.
Section 50-11-1205. No new preserve may be licensed by the department without the approval of the majority of the legislative delegation of the county in which such preserve is to be located.
Section 50-11-1220 50-11-1210. The annual fee for obtaining a shooting preserve operator's license is two hundred dollars for the first one hundred acres of shooting preserve area, plus fifty dollars for each additional one hundred acres or part thereof. The annual fee for obtaining a shooting preserve license is two hundred dollars for the first one hundred acres of shooting preserve area, plus fifty dollars for each additional one hundred acres or part of it. A separate application and fee is required for each area of contiguous acreage as specified in Section 50-11-1220.
Section 50-11-1240 50-11-1220. In order to be licensed as a shooting preserve operator, the operator must own or lease a minimum of one hundred contiguous acres, including water areas. The preserve is not restricted to not more than one thousand, five hundred a maximum number of contiguous acres. Proof of ownership or leasehold interest and accurate maps or plats identifying the proposed area must accompany all applications. Shooting preserves may be approved by the department to release pen-raised turkeys but those preserves are restricted to not less than ten thousand contiguous acres owned by the operator. Shooting preserves approved by the department to release pen-raised turkeys must apply for a permit annually and pay a fee of ten thousand dollars in lieu of the fees required by Section 50-11-1220. Nonresident big game permits are not required on those specially licensed shooting preserves.
Section 50-11-1250 50-11-1230. Shooting preserve operators shall maintain a clearly defined boundary on which signs designating the area as a shooting preserve must be posted at intervals of one hundred fifty feet or less. Construction of a fence, as prescribed by the department, along the boundaries of the preserve may be required.
Section 50-11-1260 50-11-1240. All state residents who hunt or shoot on shooting preserves are required to have appropriate hunting licenses and permits in accordance with wildlife laws and regulations. Nonresidents must possess a regular nonresident license and all applicable permits. When shooting a species for which the preserve is licensed a special nonresident shooting preserve permit may be used. For the privilege of shooting on licensed shooting preserves, a person may purchase a statewide shooting preserve license for not more than eight dollars and fifty cents. A shooting preserve license allows the shooting only of those species for which an individual shooting preserve is authorized.
Section 50-11-1270 50-11-1250. Legal shooting preserve species are:
(1) pen-raised bobwhite quail, pheasants, chukars, and other species designated by the department; and
(2) pen-raised mallards that conform to United States Fish and Wildlife Service standards and regulations Legal shooting preserve species are pen-raised bobwhite quail, pheasants, and chukars. The department may designate additional species by regulation.
Section 50-11-1260. All state residents who hunt or shoot on shooting preserves are required to have appropriate hunting licenses and permits in accordance with wildlife laws and regulations. Nonresidents must possess a regular nonresident license and all applicable permits. When shooting a species for which the preserve is licensed a special nonresident shooting preserve permit may be used. Notwithstanding the limitations of Section 50-11-1250, a shooting preserve operator licensed as of December 31, 2005, to release pen-raised mallards or pen-raised turkeys may continue this privilege. All other provisions of this article shall apply. Once the current shooting preserve operator chooses not to release pen-raised mallards or pen-raised turkeys, the privilege is revoked. If the current shooting preserve operator does not choose to apply for renewal of a shooting preserve license, the privilege is revoked. The current license may not be transferred in any form or manner at any time to anyone. The current license cannot increase or decrease current acreage.
Section 50-11-1290 50-11-1270. The shooting season is a consecutive six-month period, beginning October first and ending continuing through the following April first March thirty-first.
Section 50-11-1300 50-11-1280. There is no bag harvest limit on species designated as shooting preserve species.
Section 50-11-1330 50-11-1290. All harvested game designated shooting preserve species must be tagged before removal from a shooting preserve and the tags must remain affixed until the game animal is prepared for consumption. If these species of game are packaged in bundles one tag is sufficient for the bundle, but the number of carcasses in the bundle must be recorded on each tag. Tags must contain the hunter's name, address, total number, and species, the date the animals were harvested and name of shooting preserve where harvested.
Section 50-11-1340 50-11-1300. The department shall furnish no game for the stocking of any preserve provided for by this article.
Section 50-11-1350 50-11-1310. A licensed shooting preserve operator may apply to the department for a permit to operate a quail call pen trap during the shooting preserve season for the purpose of recovering any quail that are not killed. Bird dog field trials sanctioned by nationally recognized field trial associations may apply for a special field trial permit which provides for the release and shooting of designated species outside of the normal season and during the field trial event only.
Section 50-11-1360. All animals held in captivity at a shooting preserve must be confined in cages constructed of material of a strength appropriate for that particular species. The cage facility must be structurally sound and must be maintained in good repair to protect the animals from injury, to minimize the possibility of escape, and to prevent entrance by other animals.
Section 50-11-1370 50-11-1320. (A) Proper care must be given to all penned animals to assure:
(1) Clean water is provided as necessary.
(2) Food is wholesome, palatable, and free from contamination.
(3) Animals are provided adequate cover and bedding to assure the safety of the animals during adverse environmental conditions.
(4) Excreta are removed from cages or enclosures as often as necessary to prevent contamination of the animals.
(5) An effective program for the control of insects, parasites, and avian and mammalian pests is established and maintained.
(6) Animals with a propensity to fight or which are otherwise incompatible are kept segregated.
(B) The cage facility must be structurally sound and maintained in good repair to protect the animals from injury, to minimize the possibility of escape, and to prevent entrance by other animals.
Section 50-11-1380. Vehicles used in transporting animals must be mechanically sound and equipped to provide adequate fresh air, when moving or stationary.
Section 50-11-1390 50-11-1330. Each shooting preserve operator shall maintain a registration book listing names, addresses, and hunting license numbers of all hunters, the dates on which they hunted, the amount and types of game and designated shooting preserve species harvested and tag numbers affixed to each carcass or container. The operator also shall maintain a record of the number of each species of game raised or purchased and the number released and other records which the department may designate. The records may be inspected by an authorized member of the department or a person it may designate or employ at any time. Operators must furnish the department a copy of the records within sixty days after the end of the hunting season on the preserve. Each shooting preserve operator shall maintain a record of the number of shooting preserve designated species released and the number of shooting preserve designated species harvested by month from October through March of each shooting preserve season. Each shooting preserve operator shall maintain a record of the number of hunters and the number of hunts each month from October through March of each shooting preserve season. At the discretion of the department other records may be required. Operators must furnish the department a copy of these records within sixty days after the end of the shooting preserve season. If the department does not receive this required information within the sixty-day period, the shooting preserve license may not be issued for the next shooting preserve season.
Section 50-11-1400 50-11-1340. The violation of any of the sections of this article is a misdemeanor. The manager, owner, or licensee, or any of them, of any shooting preserve provided for in this article is responsible for any violation of this article and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than two hundred dollars or imprisoned for not less than fifteen days nor more than thirty days and the license of the preserve must be revoked, within the discretion of the department. The preserve is not eligible for another license during the calendar year, nor thereafter, except on terms and conditions prescribed by the department.
Section 50-11-1410. The operation of a shooting preserve as provided for in this article without a license is a misdemeanor and, upon conviction, the operator must be fined not less than two hundred dollars nor more than five hundred dollars or be imprisoned not less than thirty days nor more than six months.
Section 50-11-1420 50-11-1350. A 'pen-raised quail' is one which has been that is hatched from an egg laid by a quail and subsequently wholly raised and confined in a pen or coop.
Section 50-11-1430 50-11-1360. With the approval of the department, any person may engage in the business of propagating pen-raised quail for commercial purposes upon compliance with this article.
Section 50-11-1440 50-11-1370. A commercial quail breeder's license first must be obtained from the department. The license may be purchased at any time and is good only for the fiscal year, July first through June thirtieth, in which it is issued. The license fee is five dollars, and each license must be numbered by the department.
Section 50-11-1450 50-11-1380. The keeper of a hotel, restaurant, boardinghouse, or club may sell pen-raised quail for food to be consumed on the premises and is not required to hold a license therefor.
Section 50-11-1460 50-11-1390. The department, when it has evidence that any breeder is violating the intent of this article and is not cooperating with the department in a desirable manner, may revoke the breeder's license and may refuse to issue the license and seals or tags to the breeder. Where a person has a record of game violations, the department may refuse to issue the breeder's license.
Section 50-11-1470 50-11-1400. Any person complying with this article may sell live pen-raised quail for propagating purposes or may sell the carcasses of the pen-raised quail for any purpose, including sale for food.
Section 50-11-1480 50-11-1410. Before being offered for sale other than alive or for propagation purposes or shipped within the State, all packages or bags of pen-raised quail carcasses must be labeled, marked, or stamped, in such a way so as to give the following information: the hatchery in which the quail is produced, its location, and address. This information must not be removed from the package or bag of quail except by the ultimate consumer. In addition, the hatchery is required to keep accurate records of all sales of pen-raised quail and to make these records available for inspection upon request by the department.
Section 50-11-1490 50-11-1420. When any pen-raised quail is sold or shipped into this State, the shipper or seller shall furnish the department with a copy of the invoice showing the number of the quail so shipped or sold and to whom the quail was shipped or sold. Any pen-raised quail sold or shipped in violation of this section is subject to confiscation by the department.
Section 50-11-1500 50-11-1430. All pen-raised quail offered for sale must be killed otherwise than by shooting.
Section 50-11-1510 50-11-1440. It is unlawful to trap wild quail for the purpose of obtaining birds to be pen-raised or to obtain wild quail eggs to be pen-raised or hatched.
Section 50-11-1530 50-11-1450. Any person violating any of the provisions of this article is guilty of a misdemeanor and, upon conviction, must be punished by a fine of two hundred dollars or thirty days' imprisonment for each offense and shall forfeit his license and tags and may not secure any additional license during that year."
SECTION 2. This act takes effect upon approval by the Governor.
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