Indicates Matter Stricken

Indicates New Matter

 

Amended

March 06, 2024

 

H. 4612

 

Introduced by Reps. Hixon, Pope, Chapman, Taylor, Hartnett, Hardee, Brewer, Robbins, Gatch, Murphy, Connell, Mitchell, Hager, Caskey, Forrest, Wooten, Elliott, B. J. Cox and Bannister

 

S. Printed 03/06/24--H.

Read the first time January 09, 2024

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 55-3-110, RELATING TO HUNTING FROM an AIRCRAFT, SO AS TO PROVIDE PERSONS POSSESSING A PERMIT ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES MAY LAWFULLY HUNT FROM AN AIRCRAFT; AND BY ADDING SECTION 50-11-1190 SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES MAY ISSUE PERMITS FOR THE TAKING OF FERAL HOGS WHILE AIRbORNE IN A HELICOPTER UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION.

    Amend Title To Conform

 

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

 

SECTION 1.      Section 55-3-110 of the S.C. Code is amended to read:

 

    Section 55-3-110.  An airman or passenger who, while in flight within this State, shall intentionally kill or attempt to kill any birds or animals is guilty of a misdemeanor and punishable by a fine of not more than two thousand dollars, or by imprisonment for not more than thirty days, or both. However, this section shall not apply to a person acting under a permit issued by the Department of Natural Resources.

 

SECTION 2.  Article 6, Chapter 11, Title 50 of the S.C. Code is amended by adding:

 

    Section 50-11-1190.  (A) The department may issue permits for the taking of feral hogs while airborne in a helicopter if the department finds it is necessary to protect land, water, wildlife, livestock, domesticated animals, human life, crops, or to meet wildlife management objectives. The department may not issue a permit for the purpose of sport hunting.

    (B) No feral hog may be taken using a helicopter on any parcel or group of parcels consisting of less than 500 contiguous acres. An application for a permit issued under this section must identify the specific parcel from which feral hogs are to be taken with sufficient detail to enable law enforcement to locate the property. Reference from the nearest town, mile marker, prominent intersection, or geographic positioning system coordinates should be included.

    (C) The department shall prescribe the form, duration, and manner of application, issuance, and reporting requirements of permits authorized by this section.

    (D) Upon issuance of a permit, the department shall notify the United States Fish and Wildlife Service Special Agent in charge for the jurisdiction in compliance with 50 CFR Section 19.31.

    (E) The department shall file with the Secretary of the Interior of the United States an annual report on the use of helicopters to take feral hogs containing such information as required by 16 U.S.C. Section 742j-1.

    (F) A person who hunts or kills, or attempts to hunt or kill, from a helicopter, any feral hog without first obtaining and having in the person's immediate possession a permit for the taking of feral hogs using a helicopter is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for a term not to exceed thirty days and will be ineligible for issuance of a permit under this section.

    (G) A person who violates the conditions of a permit, or who hunts or kills, or attempts to hunt or kill any animal or bird, other than a feral hog, or who engages in hunting for sport or profit while airborne in a helicopter is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned for a term not to exceed thirty days. Any permit issued to that person is revoked. The magistrates court retains concurrent jurisdiction for offenses contained in this section.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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