Bill 2360

                    Current Status

Bill Number:               2360
Ratification Number:       106
Act Number:                68
Introducing Body:          House
Subject:                        Hunting of anterless deer, penalties
                           for violations

(A68, R106, H2360)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-11-2035 AND 50-11-2036, SO AS TO PROVIDE FOR THE HUNTING OF ANTLERLESS DEER AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 50-1-210, 50-11-310, 50-11-1000, 50-11-2040, AND 50-11-2050 RELATING TO HUNTING AND FISHING ON NATIONAL FOREST LANDS AND POSSESSION OF BEHEADED DEER, SO AS TO CHANGE THE PENALTIES FOR VIOLATIONS OF REGULATIONS RELATING TO HUNTING AND FISHING ON FEDERALLY OWNED OR CONTROLLED LANDS, TO CHANGE REFERENCES TO DOE DEER TO ANTLERLESS DEER, AND TO INCREASE THE PENALTY FOR POSSESSION OF BEHEADED DEER; TO AMEND SECTIONS 50-11-670, 50-11-680, AS AMENDED, 50-11-740, 50-11-850, AS AMENDED, 50-11-910, AS AMENDED, 50-11-970, AS AMENDED, 50-11-990, 50-11-1230, 50-11-1250, ACT 395 OF 1978, ACT 626 OF 1976, AS AMENDED, AND ACT 20 OF 1977, RELATING TO PROTECTION OF GAME, SO AS TO CHANGE REFERENCES FROM BUCK DEER TO ANTLERED DEER AND DOE DEER TO ANTLERLESS DEER; TO AMEND ACT 401 OF 1978, AS AMENDED, RELATING TO THE POINT SYSTEM FOR SUSPENDING HUNTING AND FISHING LICENSES, SO AS TO CHANGE REFERENCE TO DOE DEER TO ANTLERLESS DEER AND INCREASE THE POINTS FOR VIOLATIONS INVOLVING ANTLERLESS DEER FROM EIGHT TO FOURTEEN; AND TO REPEAL SECTIONS 50-11-390, 50-11-600, 50-11-810, 50-11-820, 50-11-1220, 50-11-2060, AND 50-11-2070, RELATING TO THE UNLAWFUL HUNTING OF DOE DEER, DEER WITH ANTLERS WHICH DO NOT EXTEND BEYOND THE HAIRLINE, AND HUNTING DEER FROM BOATS.

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

Antlerless deer

SECTION 1. The 1976 Code is amended by adding:

"Section 50-11-2035. For purposes of this chapter, antlerless deer means a female (doe) deer, a male (buck) deer not exhibiting two inch antlers visible above the natural hairline, or a male (buck) deer that has shed, broken, or otherwise lost its antlers. In South Carolina, it is unlawful to hunt, kill, take, or possess any antlerless deer on any property unless an open season has been declared on that property or an antlerless deer quota permit has been issued for the legal harvest of antlerless deer on that specific property. Any person violating the provisions of this section 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."

Director may declare open seasons

SECTION 2. The 1976 Code is amended by adding:

"Section 50-11-2036. In Game Zones 1, 2, and 4 the Director of the Division of Wildlife and Freshwater Fisheries may declare open seasons and prescribe regulations for the legal harvest of antlerless deer as provided in Sections 50-11-650, 50-11-660, and 50-11-670.

In Game Zones 3, 5, 6, 7, 8, 9, 10, and 11 the Director of the Division of Wildlife and Freshwater Fisheries may:

(1) Make periodic studies of deer populations and their habitats and designate specific areas where antlerless deer harvests may be justified.

(2) Declare open seasons and issue antlerless deer quota permits to landowners or lessees to provide for the legal harvest of antlerless deer. Seasons may be opened and permits must be valid only between October first and January first, inclusive.

(3) Close seasons and suspend or revoke the quota permit when environmental conditions or other factors warrant. Suspension of a quota permit requires the immediate return of any unused antlerless deer tags. Revocation must be by the Director and notice must be by certified or registered mail to the permittee at his last known address and must be conclusively presumed received five days after mailing.

(4) Require that each antlerless deer lawfully killed during an open season be reported in writing to the Director and that each antlerless deer lawfully killed under a quota permit must be tagged with a valid antlerless deer tag provided by the Director. The tag must be permanently attached to the lower jaw of the deer immediately after it is killed and prior to it being transported.

(5) Require each quota permittee to complete and file with the Director an annual report of the deer harvest on his property by January fifteenth of each year.

(6) Promulgate other regulations that are necessary for the proper control and management of antlerless deer harvests. Thirty days before proposal of such a regulation the Director shall notify the legislative delegation of any county in which the control and management of the harvest of antlerless deer is to be changed by the regulation. If a majority of the legislative delegation of an affected county does not object to the proposed regulation within the thirty-day period, the Director may proceed with the promulgation of the regulation.

(7) Any person violating any provision of this section is subject to penalties as prescribed in Section 50-11-2035."

Penalty

SECTION 3. Section 50-11-2040 of the 1976 Code is amended to read:

"Section 50-11-2040. It is unlawful for anyone in this State to have in his possession any deer with the head detached when the person is in transit from any woods, swamps, fields, or roads. Any person convicted of transporting a deer with the head detached must be fined not more than two hundred dollars or imprisoned for not more than thirty days."

Penalty

SECTION 4. Section 50-11-2050 of the 1976 Code is amended to read:

"Section 50-11-2050. The possession of any deer with the head detached is prima facie evidence that the deer is an antlerless deer and was taken unlawfully. This does not apply to possession at a private residence or place of business."

Penalty

SECTION 5. Section 50-1-210 of the 1976 Code is amended to read: "Section 50-1-210. Any person violating any of the regulations promulgated by the Director or who hunts or fishes upon the lands at any time, other than those times specified by the Director, must, upon conviction of the violations, be fined not more than two hundred dollars or imprisoned for not more than thirty days for each and every offense."

Hunting of antlered deer

SECTION 6. Item (1) of Section 50-11-310 of the 1976 Code is amended to read:

"(1) Antlered deer only may be hunted from August fifteenth to January first, inclusive;".

Penalty

SECTION 7. Section 50-11-670 of the 1976 Code, as last amended by Act 101 of 1979, is further amended to read:

"Section 50-11-670. Any person taking, attempting to take, or having in his possession deer illegally or taking, attempting to take, or killing deer in any way prescribed by the Commission 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."

Period for open season

SECTION 8. Section 50-11-680 of the 1976 Code, as last amended by Act 485 of 1976, is further amended to read:

"Section 50-11-680. The open season for hunting game birds and animals in Game Zone No. 5 is from Thanksgiving Day to March first following, inclusive, except that:

(1) Antlered deer only, may be hunted from September fifteenth to January first, inclusive.

(2) Raccoons and opossums may be hunted from September fifteenth to March fifteenth, inclusive; provided, that raccoons and opossums may be hunted without firearms from August fifteenth to September fourteenth and from March sixteenth to May fourteenth, inclusive.

(3) Between September fifteenth and Thanksgiving Day rabbits may be hunted without firearms and squirrels may be hunted without dogs.

(4) The Director of the Division of Game of the South Carolina Wildlife and Marine Resources Department has authority to make periodic studies of the wild turkey population in Game Zone No. 5 and declare open seasons for the taking of male wild turkeys at any time between the day before Thanksgiving and May first, inclusive.

Any person violating any of the provisions of this section must, upon conviction, be fined not exceeding two hundred dollars or imprisoned for not more than thirty days."

Period for open season

SECTION 9. Section 50-11-740 of the 1976 Code is amended to read: "Section 50-11-740. The open season for hunting antlered deer, on the sea islands of Game Zone No. 11 which contain at least thirty thousand acres of land, is from November first to January first, both inclusive. The hunting of antlered deer on any of the islands at any other times than those established in this section and the hunting of antlerless deer at any time whatever, except as otherwise provided by law, is a misdemeanor, punishable by fine of not more than two hundred dollars or imprisonment for not more than thirty days."

Open and close seasons in Game Zone 7

SECTION 10. Section 50-11-850 of the 1976 Code, as last amended by Act 63 of 1981, is further amended to read:

"Section 50-11-850. There are created open and closed seasons for the hunting of game in Game Zone No. 7 as follows:

(1) The open season for the hunting of male wild turkey is from the day before Thanksgiving to the Saturday after Thanksgiving, inclusive, from December twenty-fourth to January first, inclusive, and from March fifteenth to April fifteenth, inclusive;

(2) The open season for the hunting of antlered deer is from September fifteenth to January first, inclusive; and the open season for hunting antlered deer with bow and arrow is from September first to January first, inclusive;

(3) The open season for the hunting of mink, muskrat, and otter is from September fifteenth to March first, inclusive;

(4) The open season for the hunting of squirrels is from October first to March first, inclusive;

(5) The open season for the hunting of quail is from Thanksgiving Day through March first, inclusive, of each year;

(6) There is no closed season for the hunting of rabbit; and

(7) The open season for the hunting of raccoons and opossums is from September fifteenth to March fifteenth, inclusive; except raccoons and opossums may be hunted without firearms from August fifteenth to September fourteenth and from March sixteenth to May fourteenth, inclusive."

Open and close season

SECTION 11. Item (2) of Section 50-11-910 of the 1976 Code is amended to read:

"(2) For antlered deer, September fifteenth to January first;".

Open and close season

SECTION 12. Item (1) of Section 50-11-970 of the 1976 Code is amended to read:

"(1) The open season for the hunting of antlered deer is from September first to January first, inclusive;".

Item deleted

SECTION 13. Section 50-11-970 of the 1976 Code, as last amended by Act 95 of 1983, is amended by deleting item (9).

Hunt antlered deer in Williamsburg County

SECTION 14. Section 50-11-990 of the 1976 Code is amended to read:

"Section 50-11-990. Notwithstanding the provisions of Section 50-11-310 in Williamsburg County antlered deer may be hunted from September first to January first inclusive."

Wildlife service may allow hunting deer

SECTION 15. Section 50-11-1000 of the 1976 Code is amended to read:

"Section 50-11-1000. The United States Fish and Wildlife Service may allow the hunting of antlered and antlerless deer by those holding proper hunting licenses of this State, on any sea island within any federally owned or controlled game reserve, national park, or game refuge, during the open season for deer hunting under the laws of this State, whenever the officials of the United States Fish and Wildlife Service determine that the deer population of the island exceeds that which can properly maintain itself on any island. The United States Fish and Wildlife Service shall notify the Director of the Division of Game, in writing, at least ten days prior to allowing such hunting, of the opening and shall also advertise it at least once in a newspaper of general circulation in the coastal area of the State at least one week before any hunting is permitted."

Limit of killing antlered deer

SECTION 16. Item (1) of Section 50-11-1230 of the 1976 Code is amended to read:

"(1) No person shall kill more than one antlered deer a day nor more than five a season;".

Bag limit

SECTION 17. Section 50-11-1250 of the 1976 Code is amended to read:

"Section 50-11-1250. The bag limits in Game Zone No. 8 are as follows: Antlered deer only, five a season, and quail, twelve a day."

Hunting violations

SECTION 18. Item (f) of 2. HUNTING VIOLATIONS of Section 1 of Act 401 of 1978 is amended to read:

"(f) Killing or possession of antlerless deer, except as expressly provided by law ...... 14".

Hunting with bows and arrows in Game Zone 9

SECTION 19. Section 1 of Act 395 of 1978 is amended to read:

"Section 1. Antlered deer may be hunted in Game Zone No. 9 with bows and arrows for two weeks preceding the open season and antlerless deer may be hunted in Game Zone No. 9 with bows and arrows the last two weeks of the regular deer season."

Open and close seasons

SECTION 20. Section 2 of Act 626 of 1976, as last amended by Act 460 of 1984, is further amended to read:

"Section 2. There are created open and closed seasons for the hunting of game in Game Zone No. 10 as follows:

(1) There is no open season for the hunting of wild turkeys;

(2) The open season for the hunting of antlered deer is from September fifteenth to January first, inclusive. The open season for hunting antlered deer with bow and arrow is from September first to January first, inclusive;

(3) The open season for the hunting of mink, muskrat, and otter is from September fifteenth to March first, inclusive;

(4) The open season for the hunting of squirrels is from October first to March first, inclusive;

(5) The open season for the hunting of quail is from Thanksgiving Day to March first, inclusive;

(6) There is no closed season for the hunting of fox;

(7) There is no closed season for the gigging of fish known as German Carp;

(8) The open season for the hunting of raccoon and opossum is from September fifteenth to March fifteenth, inclusive. Raccoon and opossum may be hunted without firearms from August fifteenth to September fourteenth and from March sixteenth to May fourteenth, inclusive;

(9) The open season for the hunting of rabbit is from Thanksgiving Day to March first, inclusive. There is no closed season for the running of rabbits with dogs for the purpose of training the dogs."

Limit on killing antlered deer

SECTION 21. Item (1) of Section 2 of Act 20 of 1977 is amended to read:

"(1) No person shall kill more than one antlered deer a day nor more than five a season;".

Repeal

SECTION 22. Sections 50-11-390, 50-11-600, 50-11-810, 50-11-820, 50-11-1220, 50-11-2060, and 50-11-2070 of the 1976 Code are repealed.

Time effective

SECTION 23. This act shall take effect upon approval by the Governor.