Download This Bill in Microsoft Word format
A286, R343, S691
STATUS INFORMATION
General Bill
Sponsors: Senator Gregory
Document Path: l:\council\bills\nbd\11494ab07.doc
Introduced in the Senate on April 19, 2007
Introduced in the House on May 23, 2007
Last Amended on May 28, 2008
Passed by the General Assembly on June 3, 2008
Governor's Action: June 11, 2008, Signed
Summary: Wild game
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/19/2007 Senate Introduced and read first time SJ-4
4/19/2007 Senate Referred to Committee on Fish, Game and Forestry SJ-4
4/26/2007 Senate Committee report: Favorable with amendment Fish, Game
and Forestry SJ-6
4/27/2007 Scrivener's error corrected
5/17/2007 Senate Committee Amendment Amended and Adopted SJ-14
5/17/2007 Senate Amended SJ-14
5/17/2007 Senate Read second time SJ-14
5/17/2007 Scrivener's error corrected
5/21/2007 Scrivener's error corrected
5/22/2007 Senate Read third time and sent to House
5/23/2007 House Introduced and read first time HJ-15
5/23/2007 House Referred to Committee on Agriculture, Natural Resources
and Environmental Affairs HJ-16
5/21/2008 House Committee report: Favorable with amendment Agriculture,
Natural Resources and Environmental Affairs HJ-8
5/22/2008 Scrivener's error corrected
5/27/2008 House Requests for debate-Rep(s). Simrill, Cobb-Hunter, EH
Pitts, Bedingfield, Duncan, Toole, Frye, Ott,
Jefferson, Knight, Clyburn, Hosey, Umphlett, Hayes,
Sellers, Witherspoon, MA Pitts, Vick, Loftis,
Breeland, and Mahaffey HJ-23
5/28/2008 House Requests for debate removed-Rep(s). Duncan, Sellers, EH
Pitts, MA Pitts, Ott, Hayes, Bedingfield, Jefferson,
Umphlett, Toole, Cobb-Hunter, Clyburn, Loftis,
Simrill, Witherspoon, Mahaffey, and Hosey HJ-176
5/28/2008 House Amended HJ-180
5/28/2008 House Read second time HJ-184
5/29/2008 House Read third time and returned to Senate with amendments
HJ-12
5/29/2008 Senate Non-concurrence in House amendment SJ-178
6/3/2008 House House insists upon amendment and conference committee
appointed Reps. MA Pitts, Frye, and Lowe HJ-6
6/3/2008 Senate Reconsider non-concurrence in House amendment SJ-47
6/3/2008 Senate Concurred in House amendment and enrolled SJ-47
6/5/2008 Ratified R 343
6/11/2008 Signed By Governor
6/18/2008 Copies available
6/18/2008 Effective date 06/11/08
6/19/2008 Act No. 286
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
4/19/2007
4/26/2007
4/27/2007
5/17/2007
5/17/2007-A
5/21/2007
5/21/2008
5/22/2008
5/28/2008
(A286, R343, S691)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-300 SO AS TO DESIGNATE WHICH SPECIES CONSTITUTE BIG GAME; TO AMEND SECTION 50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER, SO AS TO PROVIDE BAG LIMITS FOR GAME ZONES 1 AND 2; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO WILD TURKEY SEASON, SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES MAY DECLARE CERTAIN OTHER OPEN OR CLOSED SEASONS; TO AMEND SECTION 50-11-565, AS AMENDED, RELATING TO CERTAIN DEFINITIONS, SO AS TO CHANGE THE DEFINITION OF ARCHERY EQUIPMENT; TO AMEND SECTION 50-11-708, AS AMENDED, RELATING TO USE OF ARTIFICIAL LIGHTS, SO AS TO PROVIDE CERTAIN EXEMPTIONS; TO AMEND SECTION 50-13-385, AS AMENDED, RELATING TO MINIMUM SIZE FOR LARGEMOUTH BASS IN CERTAIN LAKES, INCLUDING LAKE WYLIE, SO AS TO REMOVE LANGUAGE SPECIFYING THAT THE SECTION ONLY APPLIES TO PORTIONS OF LAKE WYLIE LOCATED IN YORK COUNTY; TO AMEND SECTION 50-21-125, AS AMENDED, RELATING TO RESTRICTIONS ON SWIMMING NEAR PUBLIC BOAT LANDINGS, SO AS TO DELETE REQUIREMENTS ON SIGNAGE REQUIREMENTS IMPOSED ON THE DEPARTMENT; BY ADDING SECTION 50-11-515 SO AS TO PROVIDE CERTAIN AMERICAN INDIAN ARTISTS MAY USE WILD TURKEY FEATHERS IN CERTAIN ARTS AND CRAFTS; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON ON ANTLERED DEER, SO AS TO PROVIDE THE DEPARTMENT MAY PROMULGATE REGULATIONS ON WMA LANDS TO ESTABLISH METHODS FOR HUNTING AND TAKING DEER, AND TO DEFINE PRIMITIVE WEAPONS; TO AMEND SECTION 50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER, SO AS TO PROVIDE LIMITS ON GAME ZONES 1, 2, 3, 4, 5, AND 6; AND TO REPEAL SECTIONS 50-3-360 RELATING TO ADDITIONAL DEPUTY ENFORCEMENT OFFICERS FOR GAME ZONE 2, 50-11-30 RELATING TO EXTENSION OF HUNTING SEASON WHEN SEASON OPENS OR CLOSES ON SUNDAY, 50-11-170 RELATING TO PENALTIES FOR BUYING, SELLING, OR DISPLAYING FOR SALE CARCASSES OR PARTS OF WILD RABBITS IN GAME ZONES 2 AND 4, 50-11-550 RELATING TO UNLAWFULNESS OF DISCHARGING A WEAPON OTHER THAN A SHOTGUN DURING CERTAIN TIMES OF YEAR IN CERTAIN AREAS OF THE CATAWBA RIVER AND INDIA HOOK DAM, 50-13-20 RELATING TO LAWFUL METHODS OF CATCHING FISH IN CERTAIN LAKES AND BOYD'S MILL POND IN GAME ZONE 2, 50-13-90 RELATING TO CLOSED SEASON ON TROUT, 50-13-980 RELATING TO THE PRESUMPTION FROM POSSESSION OF FISH IN EXCESS OF LEGAL LIMITS, 50-13-1010 RELATING TO APPLICATION OF ARTICLE TO CERTAIN BOTTOM FISHING, 50-13-1020 RELATING TO CERTAIN PENALTIES FOR VIOLATIONS, 50-19-2220 RELATING TO FISHING REGULATIONS FOR CERTAIN WATERS OF THE SAVANNAH RIVER, 50-19-2230 RELATING TO AMENDMENTS AND ADDITIONS TO FISHING REGULATIONS, AND 50-19-3010 RELATING TO LAWFUL METHODS OF CATCHING FISH IN FAIRFOREST CREEK IN UNION AND SPARTANBURG COUNTIES.
Be it enacted by the General Assembly of the State of South Carolina:
Species constituting big game
SECTION 1. Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-300. The following species constitute big game: white tailed deer, wild turkey, and black bear."
Bag limits on antlered deer
SECTION 2. Section 50-11-335(1) of the 1976 Code, as last amended by Act 175 of 2008, is further amended to read:
"(1) Game Zones 1 and 2: daily not more than two or annually not more than five for all seasons combined;"
Study of game zones restocked with wild turkeys
SECTION 3. Section 50-11-520 of the 1976 Code is amended to read:
"Section 50-11-520. The season for hunting and taking a male wild turkey (gobbler) in Game Zone 6 is March 15 through May 1 inclusive; in other game zones the season for hunting and taking a male wild turkey (gobbler) is April 1 through May 1 inclusive. The department may make a special study, in a game zone of this State, and after such a study the department may declare other open or closed seasons of such duration as it considers advisable for the taking of turkeys. 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."
Use of crossbows
SECTION 4. Section 50-11-565 of the 1976 Code is amended to read:
"Section 50-11-565. As used in this chapter, archery equipment means a bow and arrow, a long bow, a recurve bow, a compound bow, or a crossbow."
Use of artificial lights
SECTION 5. Section 50-11-708 of the 1976 Code is amended to read:
(A) In all game zones, the use of artificial lights for the purpose of observing or harassing wildlife is unlawful, except that a property owner, lessee, or person with written permission from the property owner may use artificial lights to observe wildlife prior to 11:00 p.m. This section does not prohibit an owner of real property from using artificial lights for the purpose of protecting the property. This section does not prohibit the use of remote trail monitors or cameras from fixed locations on a property, nor does it prohibit a person or group, with written permission of the landowner or leaseholder of the property, from observing wildlife with the use of artificial lights who is engaged in research or documentary filming.
(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."
Minimum size of largemouth bass
SECTION 6. Section 50-13-385 of the 1976 Code is amended to read:
"Section 50-13-385. It is unlawful to take or possess largemouth bass less than twelve inches in length in Lake Marion, Lake Moultrie, and Lake Wylie. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined an amount not to exceed one hundred dollars or imprisoned for a term not to exceed thirty days."
Restrictions on swimming near public boat landing
SECTION 7. Section 50-21-125 of the 1976 Code is amended to read:
"Section 50-21-125. It is unlawful for a person to swim within fifty feet of a public boat landing or ramp located on a lake or reservoir constructed or developed by an investor-owned utility for hydroelectric generation. For purposes of this section, a public boat landing or ramp is one owned or maintained by an investor-owned utility for hydroelectric generation and is available to the public at large. The area where swimming is prohibited must be clearly marked and signs must be posted to give public notice that no swimming is allowed in the area. Watercraft must slow to no wake speed when operated within two hundred feet of the landing or ramp."
Use of wild turkey feathers in art
SECTION 8. Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-515. (A) An American Indian artist, who is a member of a tribe recognized by (1) Public Law 101-644, the Indian Arts and Crafts Board Act, and (2) the state's Commission on Minority Affairs pursuant to Section 1-31-40, may use wild turkey feathers in arts and crafts that are offered for sale and sold to the general public if the artist has on his person a tribal identification card demonstrating his authorization pursuant to the Indian Arts and Crafts Board Act.
(B) This section does not authorize the sale of other parts of wild turkeys, whether taken lawfully or unlawfully, including, but not limited to, capes, beards, and fans."
Open season for antlered deer
SECTION 9. Section 50-11-310 of the 1976 Code is amended to read:
"Section 50-11-310. (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, it is unlawful to pursue deer with dogs, and it is unlawful to bait for deer.
(C) 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.
(D) It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer.
(E) For special primitive weapons seasons, primitive weapons include bow and arrow, crossbows, muzzle-loading shotguns of twenty gauge or larger, and rifles of .36 caliber or larger with open or peep sights or scopes, which use black powder or a black powder substitute that does not contain nitro-cellulose or nitro-glycerin components as the propellant charge. There are no restrictions on ignition systems including flintstone, percussion cap, shotgun primer, disk, or electronic. During primitive weapons seasons, no revolving rifles are permitted."
Bag limits on antlered deer
SECTION 10. Section 50-11-335(2) of the 1976 Code, as last amended by Act 175 of 2008, is further amended to read:
"(2) Game Zones 3, 4, 5, and 6: no daily or season limit.
Each animal over the limit is a separate offense."
Sections repealed
SECTION 11. Sections 50-3-360, 50-11-30, 50-11-170, 50-11-550, 50-13-20, 50-13-90, 50-13-980, 50-13-1010, 50-13-1020, 50-19-2220, 50-19-2230, and 50-19-3010 of the 1976 Code are repealed.
Savings clause
SECTION 12. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
Severability clause
SECTION 13. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Time effective
SECTION 14. This act takes effect upon approval by the Governor.
Ratified the 5th day of June, 2008.
Approved the 11th day of June, 2008.
This web page was last updated on Monday, October 10, 2011 at 1:29 P.M.