Current Status Bill Number:266 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970129 Primary Sponsor:Drummond All Sponsors:Drummond and Land Drafted Document Number:gjk\23255sd.97 Companion Bill Number:3290 Residing Body:Senate Current Committee:Fish, Game and Forestry Committee 07 SFGF Subject:Hunting, fishing, boating licenses; Fish and Game, Watercraft, Natural Resources Department
Body Date Action Description Com Leg Involved
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Senate 19970129 Introduced, read first time, 07 SFGF
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-91 SO AS TO MAKE IT UNLAWFUL TO HUNT, FISH, OR OPERATE A BOAT WHILE PRIVILEGES FOR THIS ACTIVITY HAVE BEEN SUSPENDED AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-9-510, RELATING TO HUNTING AND FISHING LICENSES, SO AS TO INCREASE THE FEES FOR CERTAIN LICENSES, TO PROVIDE A PERSON WHO IS SIXTY-FIVE YEARS OF AGE WHO IS LICENSED TO HUNT AND FISH ON JULY 1, 1997, PURSUANT TO CERTAIN LICENSES SHALL CONTINUE TO EXERCISE THOSE PRIVILEGES AFTER JULY 1, 1997, TO PROVIDE A PERSON WHO IS CERTIFIED AS DISABLED AND LICENSED TO HUNT OR FISH PRIOR TO JULY 1, 1997, WILL CONTINUE TO BE QUALIFIED AS A DISABILITY LICENSEE UPON RECERTIFICATION, AND TO PROVIDE THAT A RESIDENT WHO IS SEVENTY-THREE YEARS OF AGE OR OLDER MAY OBTAIN A STATEWIDE LIFETIME HUNTING AND FISHING LICENSE AT NO COST; TO AMEND SECTION 50-9-540, AS AMENDED, RELATING TO THE PURCHASE OF A STATEWIDE FISHING LICENSE, SO AS TO ALLOW A PERSON TO PURCHASE A LICENSE FOR THREE DOLLARS TO FISH THROUGHOUT SOUTH CAROLINA IN STREAMS, LAKES, RIVERS, AND RESERVOIRS WITH NONMANUFACTURED TACKLE AND NATURAL BAIT ONLY, TO PROVIDE A PERSON WHO IS AT LEAST SIXTY-FIVE YEARS OLD MAY PURCHASE A LIFETIME STATEWIDE STREAMS, LAKES, RIVERS, AND RESERVOIRS FISHING LICENSE FOR THREE DOLLARS, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-9-550, AS AMENDED, RELATING TO AREAS IN THIS STATE WHERE IT IS UNLAWFUL TO FISH WITH NATURAL BAIT WITHOUT OBTAINING A SPECIAL FRESHWATER PERMIT, SO AS TO PROVIDE FOR THE RECOGNITION OF CERTAIN RECIPROCAL FISHING AGREEMENTS WITH THE STATE OF GEORGIA; TO AMEND SECTION 50-9-710, AS AMENDED, RELATING TO CHILDREN UNDER SIXTEEN YEARS OF AGE NOT REQUIRED TO PROCURE OR POSSESS A HUNTING AND FISHING LICENSE UNDER CERTAIN CONDITIONS, SO AS TO PROVIDE THAT A FISHING LICENSE IS NOT REQUIRED TO USE NONMANUFACTURED TACKLE OR NATURAL BAIT IN SPECIFIED FRESH WATERS OF THIS STATE, AND TO ADD SECTION 50-11-2205 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT, FISH, OR USE ANY WILDLIFE MANAGEMENT AREA LAND OR SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES' PROPERTY EXCEPT AS ALLOWED BY THE BOARD OF NATURAL RESOURCES AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 50-9-91. It is unlawful to hunt, fish, or operate a boat while privileges for these activities have been suspended. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than five hundred dollars or imprisoned for not more than thirty days. In addition, the suspension shall automatically extend for an additional three years."
SECTION 2. Section 50-9-510 of the 1976 Code, as last amended by Act 372 of 1996, is further amended to read:
"Section 50-9-510. The following licenses are authorized for sale and, unless otherwise indicated, are for the privilege of hunting small game only:
(1) For the privilege of hunting throughout South Carolina, a resident of the State shall purchase an annual statewide license for twelve dollars, of which one dollar may be retained by the issuing agent.
(2) For the privilege of hunting only in the county in which the applicant is a resident, a resident of the State shall purchase a county hunting license for five dollars, of which one dollar may be retained by the issuing agent. County licenses are only valid when issued to residents of that county.
(3) For the privilege of hunting and fishing, including the privilege of hunting big game throughout South Carolina, a resident of the State shall purchase a combination fishing and hunting license for seventeen twenty-two dollars, of which one dollar may be retained by the issuing agent.
(4) For the privilege of hunting and fishing throughout South Carolina, including the privileges of hunting big game and hunting on wildlife management area land, a resident of the State shall purchase a sportsman license for forty-four dollars, of which one dollar may be retained by the issuing agent.
(5) For the privilege of hunting throughout South Carolina, a resident of the State may obtain a lifetime statewide license from the department's Columbia headquarters for three hundred dollars.
(6) For the privilege of hunting throughout South Carolina July first through June thirtieth, a nonresident shall purchase an annual statewide license for seventy-five dollars, of which two dollars may be retained by the issuing agent.
(7) For the privilege of hunting throughout South Carolina during the regular hunting season for any ten consecutive days, a nonresident shall purchase a ten-day temporary license for fifty dollars, of which two dollars may be retained by the issuing agent.
(8) For the privilege of hunting throughout South Carolina during the regular hunting season for any three consecutive days, a nonresident may purchase a statewide three-day temporary license for twenty-five dollars, of which one dollar may be retained by the issuing agent.
(9) For the privilege of hunting big game including deer, bear, and turkey throughout South Carolina, a resident shall purchase a big game permit in addition to the required resident hunter's license for six dollars, of which one dollar may be retained by the issuing agent.
(10) For the privilege of hunting big game including deer, bear, and turkey throughout South Carolina, a nonresident shall purchase a big game permit in addition to the required nonresident hunter's license for eighty ninety dollars, of which one dollar may be retained by the issuing agent.
(11) For the privilege of hunting on wildlife management area lands throughout South Carolina, a resident shall purchase a wildlife management area permit in addition to the required resident hunter's license for thirty dollars and fifty cents, of which one dollar may be retained by the issuing agent.
(12) For the privilege of hunting on wildlife management area lands throughout South Carolina, a nonresident shall purchase a wildlife management area permit in addition to the required nonresident hunter's license for seventy-six dollars, of which one dollar may be retained by the issuing agent.
(13) The department may issue resident wildlife management area permits from the Columbia office for five dollars and fifty cents, each of which are valid only for department-specified events.
(14) For the privilege of hunting and fishing throughout South Carolina, including the privilege of hunting big game and hunting on wildlife management area lands, a resident who is at least sixteen years of age but who has not reached his eighteenth year may purchase a junior sportsman's license for sixteen dollars, of which one dollar may be retained by the issuing agent. This license must be countersigned by the parent or guardian as certification of the age and residence of the individual.
(15) A resident of South Carolina who has attained the age of sixty-five years may obtain a statewide lifetime hunting and fishing license at no cost for nine dollars from the department. This license includes the privilege of hunting big game, hunting on wildlife management area lands, and state migratory waterfowl and of saltwater fishing.
(16) A person who has been a domiciled resident of South Carolina for at least one year and who is determined to be totally disabled under a program for Social Security, federal civil service, the South Carolina State Retirement System, the Railroad Retirement Board, the Veterans Administration United States Department of Veterans Affairs, or Medicaid assistance may obtain a statewide fishing and hunting license at no cost for nine dollars. This license includes the privilege of hunting big game, hunting on wildlife management area lands, and state migratory waterfowl and of saltwater fishing. It must be issued by the department from its Columbia office only and is valid for three years. Disability recertification is required for renewal, provided that any person with quadriplegia or paraplegia who is certified as totally disabled will not have to obtain a disability recertification. To recertify, applicant must furnish proof, in the manner determined by the department, that he or she is currently receiving disability benefits.
(17) For the privilege of hunting on licensed shooting preserves, a person may purchase a statewide shooting preserve license for specified released species only for not more than eight dollars and fifty cents in lieu of a hunting license.
(18) Persons certified as disabled before July 1, 1996, and who are licensed to hunt or fish pursuant to that disability before July 1, 1996, upon recertification as required herein, may continue to exercise privileges of a disability licensee as provided herein at no cost. Persons certified as disabled and who are licensed to hunt or fish pursuant to that disability prior to July 1, 1997, upon recertification as required herein, shall continue to exercise privileges of a disability licensee as provided herein.
(19) On July 1, 1997, persons over sixty-five years of age licensed to hunt or fish pursuant to the provisions of Section 50-9-840 in effect on June 30, 1996, shall continue to exercise those privileges after July 1, 1997.
(20) A resident of South Carolina who has attained the age of seventy-three years may obtain a statewide lifetime hunting and fishing license at no cost from the department. This license includes the privilege of hunting big game, hunting on Wildlife Management Area lands and state migratory waterfowl and of saltwater fishing."
SECTION 3. Section 50-9-550 of the 1976 Code, as last amended by Act 372 of 1996, is further amended to read:
"Section 50-9-550. It is unlawful for any resident of the State to fish in any of the waters of this State described in this section with nonmanufactured tackle or natural bait unless he has first obtained a special 'reservoirs, lakes, and streams freshwater permit'. No person licensed under the provisions of Sections 50-9-510(3), 50-9-510(4), or 50-9-540(A) is required to purchase a permit.
The permits must be obtained from the department at a fee of three dollars. One dollar of the fee must be retained by the agent issuing the permit and the remaining portion of the proceeds of the sale of the permit must be remitted to the department and held in a separate fund for use in the protection and propagation of game and other fish within the waters described in this section in the counties adjacent to them. The provisions of this section apply to the following bodies of water within this State:
(1) the waters or backwaters of the Catawba and Wateree Rivers within Chester, Fairfield, Kershaw, and Lancaster Counties, except waters lying more than one hundred yards south of the Wateree Dam in Kershaw County;
(2) Lake Marion;
(3) Lake Moultrie, the Diversion Canal, and the Tail Canal;
(4) Lake Murray;
(5) all of the waters of the Savannah River between the Stevens Creek Dam and the highway bridge between Calhoun Falls, South Carolina, and Elberton, Georgia, including the waters impounded between Stevens Creek Dam and Clark Hill Dam;
(6) Keowee-Toxaway Lake in Oconee and Pickens Counties;
(7) Lake Jocassee;
(8) Lake Greenwood;
(9) Hartwell Reservoir;
(10) Lake Richard B. Russell;
(11) Lake Wiley;
(12) the Parr Hydroelectric Project Fish and Game Management Area:
(a) Parr Reservoir;
(b) Monticello Reservoir;
(c) Monticello Reservoir Sub-Impoundment;
(13) Lake Ashwood in Lee County.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than fifty dollars nor more than two hundred dollars or by imprisonment for not more than thirty days.
The provisions of this article do not affect any reciprocal agreement with the State of Georgia as to recognition of residence fishing licenses or permits."
SECTION 4. Section 50-9-710 of the 1976 Code, as last amended by Act 372 of 1996, is further amended by adding:
"(D) Except in those bodies of water enumerated in Section 50-9-550, a fishing license is not required to use nonmanufactured tackle and natural bait in the freshwaters of this State."
SECTION 5. The 1976 Code is amended by adding:
"Section 50-11-2205. It is unlawful to hunt, fish, or take fish or wildlife on Wildlife Management Area land or Department of Natural Resources' property or use Wildlife Management Areas or Department of Natural Resources' property except as allowed by the Board of Natural Resources.
A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days."
SECTION 6. This act takes effect July 1, 1997.