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AS PASSED BY THE SENATE
April 11, 2006
H. 4572
S. Printed 4/11/06--S.
Read the first time March 28, 2006.
TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVISION OF THE STATE INTO GAME ZONES, SO AS TO REVISE AND REDUCE THE NUMBER OF THESE GAME ZONES; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO FURTHER PROVIDE FOR THESE SEASONS BASED ON THE REVISED GAME ZONES AS PROVIDED FOR ABOVE; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO BAG LIMITS, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE OPEN SEASONS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS FOR DEER BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-350, AS AMENDED, RELATING TO PENALTIES FOR ILLEGALLY TAKING, POSSESSING, OR KILLING DEER IN CERTAIN GAME ZONES, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO SPECIAL STUDIES OF GAME ZONES STOCKED WITH WILD TURKEY, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES AND FURTHER TO PROVIDE FOR THE SEASON FOR HUNTING AND TAKING MALE WILD TURKEYS; TO AMEND SECTION 50-11-708, RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHTS IN GAME ZONE 6, SO AS TO REVISE THESE PROVISIONS, MAKE THEM APPLICABLE TO ALL GAME ZONES, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL SECTIONS 50-11-90, 50-11-555, 50-11-560, 50-11-700, 50-11-703, 50-11-704, 50-11-705, 50-11-706, AND 50-13-360 ALL RELATING TO VARIOUS WILDLIFE AND FISH AND GAME PROVISIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-1-60 of the 1976 Code, as last amended by Act 46 of 1999, is further amended to read:
"Section 50-1-60. The State is divided for the purpose of game into eleven zones:
(1) the first zone shall be comprised of those portions of the counties of Greenville, Oconee, and Pickens which lie north and northwest of the main line of the Norfolk-Southern railroad track;
(2) the second zone shall be comprised of the counties of Abbeville, Anderson, Edgefield, Greenwood, Laurens, McCormick, Newberry, Saluda, and those portions of the counties of Greenville, Oconee, and Pickens which lie south and southeast of the main line of the Norfolk-Southern railroad track;
(3) The third zone shall comprise the counties of Aiken, Lexington, and Richland;
(4) The fourth zone shall comprise the counties of Cherokee, Chester, Fairfield, Lancaster, Spartanburg, Union and York;
(5) The fifth zone shall comprise the counties of Chesterfield, Kershaw and Marlboro;
(6) The sixth zone shall comprise the counties of Berkeley, Charleston, Dorchester, Calhoun, and Orangeburg;
(7) The seventh zone shall comprise the counties of Dillon and Horry;
(8) The eighth zone shall comprise the counties of Darlington, Lee and Sumter;
(9) The ninth zone shall comprise the counties of Clarendon, Georgetown and Williamsburg;
(10) The tenth zone shall comprise the counties of Florence and Marion;
(11) The eleventh zone shall comprise the counties of Allendale, Barnwell, Bamberg, Beaufort, Colleton, Hampton and Jasper.
For the purpose of protection and management of wildlife, the State is divided into six zones:
(1) Game Zone 1 consists of all properties north of the main line of the Norfolk Southern Railroad from the Georgia state line to South Carolina Highway 183 in Westminster, then north of South Carolina Highway 183 to intersection of South Carolina Highway 183 and the Norfolk Southern Railroad main line in Greenville and then north of the main line of the Norfolk Southern Railroad to the Spartanburg County Line.
(2) Game Zone 2 consists of the counties of Abbeville, Anderson, Chester, Cherokee, Edgefield, Fairfield, Greenwood, Lancaster, Laurens, McCormick, Newberry, Saluda, Spartanburg, Union, York; and those portions of the counties of Greenville, Oconee, and Pickens south of the main line of the Norfolk Southern Railroad from the Georgia state line to South Carolina Highway 183 in Westminster, then south of South Carolina Highway 183 to the intersection of South Carolina Highway 183 and the Norfolk Southern Railroad main line in Greenville and then south of the main line of the Norfolk Southern Railroad to the Spartanburg County line.
(3) Game Zone 3 consists of the counties of Aiken, Lexington, and Richland.
(4) Game Zone 4 consists of the counties of Chesterfield, Dillon, Florence, Horry, Kershaw, Marion, and Marlboro.
(5) Game Zone 5 consists of the counties of Clarendon, Darlington, Georgetown, Lee, Sumter, and Williamsburg.
(6) Game Zone 6 consists of the counties of Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Calhoun, Charleston, Colleton, Dorchester, Hampton, Orangeburg, and Jasper.
SECTION 2. Section 50-11-120 of the 1976 Code, as last amended by Act 261 of 2004, is further amended to read:
"Section 50-11-120. (A) Except as specified in this section, the season for hunting small game is Thanksgiving Day through March first. There is no closed season for beaver on private lands. However, there is no open season on grouse except in Game Zone 1.
(1) Game Zone 1:
(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;
(b) squirrel: October first through March first with weapons and dogs;
(c) fox: year round but no weapons may be used January second through August fifteenth;
(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; March second through October fourteenth without weapons and with dogs only;
(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(2) Game Zone 2:
(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;
(b) squirrel: October first through March first with weapons and dogs;
(c) fox: year round but no weapons may be used January second through August fifteenth;
(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; March second through October fourteenth without weapons and with dogs only;
(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(3) Game Zone 3:
(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;
(b) squirrel: October first through March first with weapons and dogs;
(c) fox: year round but no weapons may be used January second through August fifteenth;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; March sixteenth through September fourteenth without weapons and with dogs only;
(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(4) Game Zone 4:
(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;
(b) squirrel: October first through March first with dogs and weapons;
(c) fox: year round but no weapons may be used February fifteenth through August fifteenth;
(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; March second through October fourteenth without weapons and with dogs only;
(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(5) Game Zone 5:
(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;
(b) squirrel: October first through March first with weapons and dogs;
(c) fox: year round but no weapons may be used January second through August fifteenth;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; March sixteenth through September fourteenth without weapons and with dogs only;
(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(6) Game Zone 6:
(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;
(b) squirrel: October first through March first with dogs and weapons;
(c) fox: year round but no weapons may be used January second through August fifteenth. There is no closed season for the running of foxes with dogs for the purpose of training the dogs in a private enclosed fox-hunting-dog-training facility;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; March sixteenth through September fourteenth without weapons and with dogs only;
(e) quail: Monday before Thanksgiving Day through the first Saturday in March with weapons; October first through the Sunday before Thanksgiving Day without weapons;
(7) Game Zone 7:
(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;
(b) squirrel: October first through March first with dogs and weapons;
(c) fox: year round but no weapons may be used January second through August fifteenth;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; March sixteenth through September fourteenth without weapons and with dogs only;
(e) mink: September fifteenth through March first;
(f) muskrat: September fifteenth through March first;
(g) otter: September fifteenth through March first;
(h) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(8) Game Zone 8:
(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;
(b) squirrel: October first through March first with weapons and dogs;
(c) fox: year round but no weapons may be used January second through August fifteenth;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; March sixteenth through September fourteenth without weapons and with dogs only;
(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(9) Game Zone 9:
(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;
(b) squirrel: October first through March first with weapons and dogs;
(c) quail: Thanksgiving Day through the first Saturday in March;
(d) fox: year round without weapons; with weapons September first through January first;
(e) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; March sixteenth through September fourteenth with dogs only;
(f) mink: November first through March first;
(g) muskrat: November first through March first;
(h) otter: November first through March first;
(i) skunk: November first through March first;
(j) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(10) Game Zone 10:
(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;
(b) squirrel: October first through March first with weapons and dogs;
(c) fox: year round but without weapons January second through August fifteenth;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; March sixteenth through September fourteenth without weapons and with dogs only;
(e) mink: September fifteenth through March first;
(f) muskrat: September fifteenth through March first;
(g) otter: September fifteenth through March first;
(h) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;
(11) Game Zone 11:
(a) rabbit: March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;
(b) squirrel: October first through March first with weapons and dogs;
(c) fox: year round but without weapons January second through August fifteenth;
(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; March sixteenth through September fourteenth without weapons and with dogs only;
(e) quail: Monday before Thanksgiving Day through March first with weapons; October first through the Sunday before Thanksgiving Day without weapons;
(B) In all game zones it is lawful to run rabbits with dogs at any time during the year in enclosures approved by the department.
(C) The season dates in this section are inclusive, except as otherwise provided. It is unlawful to hunt a game animal except during the seasons provided and as specified in this section. Unless otherwise specified during a small game season when weapons are allowed, dogs also may be used.
(D) As used in this section where night hunting is authorized, "night" means the time between one hour after official sundown of a day and one hour before official sunrise the following day.
(A) Except as otherwise specified, the season for hunting and taking small game is Thanksgiving Day through March 1.
(1) Game Zone 1:
(a) rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day, with dogs only, day and night, and no rabbits may be taken;
(b) squirrel: October 1 through March 1, with weapons and dogs; March 2 through September 30, with dogs only, and no squirrels may be taken;
(c) fox: Year-round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) raccoon and opossum: October 15 through March 1, with weapons and dogs; March 2 through October 14, with dogs only, and no raccoon or opossum may be taken;
(e) quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving, with dogs only, and no quail may be taken;
(f) grouse: Thanksgiving Day through March 1;
(g) beaver: Year-round.
(2) Game Zone 2:
(a) rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day with dogs only, day and night, and no rabbits may be taken;
(b) squirrel: October 1 through March 1, with weapons and dogs; March 2 through September 30, with dogs only, and no squirrels may be taken;
(c) fox: Year-round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) raccoon and opossum: October 15 through March 1, with weapons and dogs; March 2 through October 14, with dogs only, and no raccoon or opossum may be taken;
(e) quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving, with dogs only, and no quail may be taken;
(f) beaver: Year-round.
(3) Game Zone 3:
(a) rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day, with dogs only, day and night, and no rabbits may be taken;
(b) squirrel: October 1 through March 1, with weapons and dogs; March 2 through September 30, with dogs only, and no squirrels may be taken;
(c) fox: Year-round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) raccoon and opossum: September 15 through March 15, with weapons and dogs; March 16 through September 14, with dogs only, and no raccoon or opossum may be taken;
(e) quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving, with dogs only, and no quail may be taken;
(f) beaver: Year-round.
(4) Game Zone 4:
(a) rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day, with dogs only, day and night, and no rabbits may be taken;
(b) squirrel: October 1 through March 1, with weapons and dogs; March 2 through September 30, with dogs only, and no squirrels may be taken;
(c) fox: Year-round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) raccoon and opossum: September 15 through March 15, with weapons and dogs; March 16 through September 14, with dogs only, and no raccoon or opossum may be taken;
(e) quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving Day, with dogs only, and no quail may be taken;
(f) beaver: Year-round.
(5) Game Zone 5:
(a) rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day, with dogs only, day and night, and no rabbits may be taken;
(b) squirrel: October 1 through March 1, with weapons and dogs; March 2 through September 30, with dogs only, and no squirrels may be taken;
(c) fox: Year-round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) raccoon and opossum: September 15 through March 15, with weapons and dogs; March 16 through September 14, with dogs only, and no raccoon or opossum may be taken;
(e) quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving, with dogs only, and no quail may be taken;
(f) beaver: Year-round.
(6) Game Zone 6:
(a) rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day, with dogs only, day and night, and no rabbits may be taken;
(b) squirrel: October 1 through March 1, with weapons and dogs; March 2 through September 30, with dogs only, and no squirrels may be taken;
(c) fox: Year-round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) raccoon and opossum: September 15 through March 15, with weapons and dogs; March 16 through September 14, with dogs only, and no raccoon or opossum may be taken;
(e) quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving, with dogs only, and no quail may be taken;
(f) beaver: Year-round.
(B) The season dates in this section are inclusive except as otherwise provided. Unless otherwise specified during the small game seasons when weapons are allowed, dogs also may be used.
(C) In all game zones it is lawful to run rabbits with dogs at any time during the year in enclosures but no rabbits may be taken.
(D) As used in this section where night hunting is authorized, 'night' means the time between one hour after official sundown of a day and one hour before official sunrise the following day. Where day time hunting only is allowed 'day' means the time between one hour before official sunrise of a day and one hour after official sunset of the same day."
SECTION 3. Section 50-11-150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-150. For purposes of this section day means the time between one-half hour before sunrise one day and one-half hour before sunrise the following day. Night means the time between official sunset one day and official sunrise the following day. Where bag limits are specified on "a night" basis, and there is a day season specified in Section 50-11-120, there is no limit on game taken during daylight hours. It is unlawful to exceed the small game bag limits as follows:
(1) Game Zone 1:
(a) quail: ten a day;
(b) grouse: three a day;
(c) rabbit: five a day;
(d) squirrel: ten a day;
(e) fox: no limit;
(f) raccoon: three a party a night;
(g) opossum: three a party a night;
(2) Game Zone 2:
(a) quail: ten a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: three a party a night;
(f) opossum: three a party a night;
(3) Game Zone 3:
(a) quail: fifteen a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: no limit;
(f) opossum: no limit;
(4) Game Zone 4:
(a) quail: fifteen a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: three a party a night;
(f) opossum: three a party a night;
(5) Game Zone 5:
(a) quail: ten a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: three a party a night;
(f) opossum: no limit;
(6) Game Zone 6:
(a) quail: fifteen a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: no limit;
(f) opossum: no limit;
(7) Game Zone 7:
(a) quail: ten a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: no limit;
(f) opossum: no limit;
(8) Game Zone 8:
(a) quail: twelve a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: three a party a night;
(f) opossum: no limit;
(9) Game Zone 9:
(a) quail: fifteen a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: two a party a night;
(f) opossum: no limit;
(10) Game Zone 10:
(a) quail: ten a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: three a night;
(f) opossum: no limit;
(11) Game Zone 11:
(a) quail: fifteen a day;
(b) rabbit: five a day;
(c) squirrel: ten a day;
(d) fox: no limit;
(e) raccoon: no limit;
(f) opossum: no limit.
(A) For purposes of this section a 'day' means the twenty-four hours between one hour before sunrise one day and one hour before sunrise the following day. It is a measure of time for the purposes of setting a bag limit only. It is unlawful to exceed the small game bag limits as follows:
(1) Game Zone 1:
(a) rabbit: five per day;
(b) squirrel: ten per day;
(c) raccoon: three per party per day;
(d) quail: twelve per day;
(e) grouse: three per day.
(2) Game Zone 2:
(a) rabbit: five per day;
(b) squirrel: ten per day;
(c) raccoon: three per party per day;
(d) quail: twelve per day.
(3) Game Zone 3:
(a) rabbit: five per day;
(b) squirrel: ten per day;
(c) raccoon: no limit;
(d) quail: twelve per day.
(4) Game Zone 4:
(a) rabbit: five per day;
(b) squirrel: ten per day;
(c) raccoon: three per party per day;
(d) quail: twelve per day.
(5) Game Zone 5:
(a) rabbit: five per day;
(b) squirrel: ten per day;
(c) raccoon: three per party per day;
(d) quail: twelve per day.
(6) Game Zone 6:
(a) rabbit: five per day;
(b) squirrel: ten per day;
(c) raccoon: no limit;
(d) quail: twelve per day.
(B) Except as provided in this section, there is no limit on small game animals."
SECTION 4. Section 50-11-310 of the 1976 Code, as last amended by Act 32 of 2003, is further amended to read:
"Section 50-11-310. (A) The open season for taking antlered deer is:
(1) In Game Zone 1: October first through October tenth, with primitive weapons only; October eleventh through October sixteenth, and October thirty- first through January first, with archery equipment and firearms, Sundays excepted.
(2) In Game Zones 2 and 4: September fifteenth through September thirtieth, with archery equipment only; October first through October tenth, with primitive weapons only; October eleventh through January first, with archery equipment and firearms; Sundays excepted;
(3) Game Zones 5 and 7: with bow and arrow September first through January first and with firearms September fifteenth through January first;
(4) Game Zones 8 and 9: August fifteenth to August thirty-first with bow and arrow only and September first through January first with firearms. Antlerless deer may be taken December fifteenth through January first with bow and arrow only;
(5) Game Zone 10: September first through January first with bow and arrow only and with firearms September fifteenth through January first.
(B) Except as provided in subsection (A), the season for taking antlered deer is August fifteenth through January first.
(C) It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer.
(D) In Game Zones 1, 2, and 4 the department may promulgate regulations in accordance with the Administrative Procedures Act to establish the methods for hunting and taking of deer and for other restrictions for hunting and taking deer.
(E) Notwithstanding any other provision of law, it is not unlawful to hunt deer on Sunday on private land in this State during the prescribed season for hunting deer.
(A) The open season for taking antlered deer is:
(1) In Game Zone 1: October 1 through October 10, with primitive weapons only; October 11 through October 16, and October 31 through January 1, with archery equipment and firearms.
(2) In Game Zone 2: September 15 through September 30, with archery equipment only, October 1 through October 10, with primitive weapons only; October 11 through January 1, with archery equipment and firearms.
(3) In Game Zone 3: August 15 through January 1, with archery equipment and firearms.
(4) In Game Zone 4: September 1 through September 14, with archery equipment and September 15 through January 1, with archery equipment and firearms.
(5) In Game Zone 5: August 15 through August 31, with archery equipment and September 1 through January 1, with archery equipment and firearms.
(6) In Game Zone 6: August 15 through January 1, with archery equipment and firearms.
(B) In Game Zones 1 and 2, and on WMA lands, the department may promulgate regulations in accordance with the Administrative Procedures Act to establish the methods for hunting and taking of deer and for other restrictions for hunting and taking deer.
(C) It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer."
SECTION 5. Section 50-11-335 of the 1976 Code, as last amended by Act 348 of 1994, is further amended to read:
"Section 50-11-335. (A) The bag limit on antlered deer is as follows:
Game Zones 1, 2, and 4: as set by the department;
Game Zones 7, 8, and 10: five a season.
(B) For game zones not provided for in subsection (A), there is no day or season limit on antlered deer.
The bag limit on antlered deer is:
(1) Game Zones 1 and 2: as set by the department;
(2) Game Zones 4 and 5: not more than five for all seasons combined;
(3) Game Zones 3 and 6: no daily or season limit.
Each animal over the limit is a separate offense."
SECTION 6. Section 50-11-350 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-350. Any person taking, attempting to take, or having in his possession deer illegally or taking, attempting to take, or killing deer in any way prohibited by the department in Game Zone 1, 2, or 4 and on wildlife management area lands throughout the State is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days."
SECTION 7. Section 50-11-520 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-520. The season for hunting and taking male wild turkeys (gobblers) in Game Zone 6 is March 15 through May 1 inclusive; in all other game zones the season for hunting and taking male wild turkeys (gobblers) is April 1 through May 1 inclusive. The department may make special studies in all game zones of this State which have been restocked with wild turkeys and, after such studies the department may declare open or closed seasons of such duration as it considers advisable for the taking of turkeys in areas concerned. However, in Game Zones 6 and 11, the open and closed seasons for the taking of wild turkey are as provided in Section 50-11-560 except in those areas under restocking agreements with the department. The department may declare an open season in any of the game zones and on WMA lands by promulgating regulations in accordance with the Administrative Procedures Act to establish the dates, places, and bag limits and may set the season and other conditions for hunting and taking wild turkeys on WMA lands."
SECTION 8. Section 50-11-708 of the 1976 Code, as added by Act 266 of 1998, is amended to read:
"Section 50-11-708. (A) In Game Zone 6 all game zones the use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful. However, this section does not prohibit an owner of real property or a person with a legal interest in real property from the use of artificial lights from any vehicle or water conveyance for the purpose of surveying or protecting the property. This section does not prohibit a person or group observing wildlife with the use of artificial lights who is engaged in research or documentary filming when done with written permission of the department and the landowner and/or leaseholder of the property.
(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.
(C) Nothing in this section may be construed to prohibit the lawful hunting of raccoon and fox."
SECTION 9 A. Section 50-21-710 of the 1976 Code is amended to read:
"Section 50-21-710. (A) As used in this section:
(1) 'Aids to navigation' means any device designed or intended to assist a navigator to determine his position or safe course or to warn him of danger or obstructions to navigation.
(2) 'Regulatory markers' means any device which indicates to a vessel operator the existence of dangerous areas as well as those which are intended to restrict or control, such as speed zones and areas dedicated to a particular use or to provide general information and directions. This includes bathing markers, speed zone markers, information markers, danger zone markers, boat keep out areas, mooring buoys, wharves, docks, obstructions or hazards to navigation, and any activity, object, or construction in the waters of the State.
(B) The department may make rules promulgate regulations for the uniform marking of the water areas in this waters of the State and may regulate the operation of all vessels, watercraft, and water devices through the placement of aids to navigation and regulatory markers. Such rules The regulations shall establish a marking system compatible with the system of aids to navigation prescribed by the United States Coast Guard or its successor agency. No city, county, or person shall mark or obstruct the waters of this State in any manner so as to endanger the operation of watercraft or conflict with the marking system prescribed by the department.
(C) The operation of any vessel, watercraft, or water device within a prohibited area is negligent operation unless the seriousness of the operation within a prohibited area constitutes reckless operation.
(D) It shall be unlawful for a person to operate a vessel, watercraft, or water device on the waters of this State in a manner other than that prescribed or permitted by regulatory markers.
(E) No person shall may moor or fasten a vessel, watercraft, or water device to or wilfully damage, tamper, remove, obstruct, or interfere with any aid to navigation or regulatory marker established pursuant to this chapter.
(F) A person who violates a provision of this section or regulation promulgated pursuant to this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-21-150(2) this chapter."
B. This SECTION takes effect upon approval by the Governor.
SECTION 10. Sections 50-11-90, 50-11-555, 50-11-560, 50-11-700, 50-11-703, 50-11-704, 50-11-705, 50-11-706, and 50-13-360 of the 1976 Code are repealed.
SECTION 11. This act takes effect July 1, 2007.
This web page was last updated on Tuesday, June 23, 2009 at 2:38 P.M.