Current Status Bill Number:637 Ratification Number:140 Act Number:57 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970410 Primary Sponsor:Peeler All Sponsors:Peeler, Alexander and Lander Drafted Document Number:kgh\15068sd.97 Companion Bill Number:3807 Date Bill Passed both Bodies:19970520 Date of Last Amendment:19970514 Governor's Action:S Date of Governor's Action:19970605 Subject:Game Zones No. 1, 2; composition of revised, Deer, antlerless; open season for; Fish and Game
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19970619 Act No. A57
------ 19970605 Signed by Governor
------ 19970604 Ratified R140
Senate 19970520 Concurred in House amendment,
enrolled for ratification
House 19970515 Read third time, returned to Senate
with amendment
House 19970514 Amended, read second time
House 19970513 Debate adjourned until
Wednesday, 19970514
House 19970508 Debate adjourned until
Tuesday, 19970513
House 19970506 Recalled from Committee 20 HANR
House 19970501 Introduced, read first time, 20 HANR
referred to Committee
Senate 19970430 Read third time, sent to House
Senate 19970429 Read second time, unanimous
consent for third reading on
Wednesday, 19970430
Senate 19970429 Committee amendment adopted
Senate 19970424 Committee report: Favorable with 07 SFGF
amendment
Senate 19970410 Introduced, read first time, 07 SFGF
referred to Committee
View additional legislative information at the LPITS web site.
(A57, R140, S637)
AN ACT TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GAME ZONES OF THIS STATE, SO AS TO REVISE THE COMPOSITION OF GAME ZONES 1 AND 2; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE OPEN SEASON FOR TAKING DEER IN GAME ZONES 1, 2, AND 4, AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES IN GAME ZONES 1, 2, AND 4 MAY PROMULGATE REGULATIONS TO ESTABLISH THE METHODS FOR HUNTING AND TAKING OF DEER AND FOR OTHER RESTRICTIONS FOR HUNTING AND TAKING DEER; TO AMEND SECTION 50-11-390, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO DECLARE OPEN SEASONS AND SET BAG LIMITS AND METHODS OF HUNTING OF ANTLERLESS DEER, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE DEPARTMENT IN THIS REGARD; TO REPEAL SECTION 50-11-395 RELATING TO THE ISSUANCE OF ANTLERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4; TO AMEND SECTION 50-17-615, RELATING TO AREAS WHERE IT IS LAWFUL TO TRAWL FOR SHRIMP OR PRAWN DURING CERTAIN PERIODS, SO AS TO ESTABLISH GENERAL AND RESTRICTED TRAWLING AREAS WHERE IT IS LAWFUL TO TRAWL FOR SHRIMP OR PRAWN DURING CERTAIN TIMES AND SEASONS AND TO PROVIDE EXCEPTIONS; TO REPEAL SECTION 50-17-610 RELATING TO LAWFUL WATERS IN WHICH TO TRAWL FOR SHRIMP OR PRAWN DURING CERTAIN TIMES AND SECTION 50-17-618 RELATING TO WATERS CLOSED TO TRAWLING; AND TO AMEND SECTION 50-17-50, AS AMENDED, RELATING TO PERMITS FOR TAKING MARINE LIFE FOR EXPERIMENTAL OR SCIENTIFIC PURPOSES, SO AS TO FURTHER PROVIDE FOR THESE PERMITS, THE MARINE LIFE TO WHICH THE PERMITS APPLY, AND THE PURPOSES FOR WHICH SUCH MARINE LIFE MAY BE TAKEN.
Be it enacted by the General Assembly of the State of South Carolina:
Game zones revised
SECTION 1. Section 50-1-60(1) and (2) of the 1976 Code, as last amended by Section 1257 of Act 181 of 1993, is further amended to read:
"(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;"
Taking antlered deer
SECTION 2. Section 50-11-310 of the 1976 Code, as last amended by Act 427 of 1996, 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 December seventh, with archery equipment and firearms; December eighth through December twenty-second, with archery equipment only; December twenty-third 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."
Taking antlerless deer
SECTION 3. Section 50-11-390 of the 1976 Code, as added by Section 1262 of Act 181 of 1993, is amended to read:
"Section 50-11-390. (A) The Department of Natural Resources may permit the taking of antlerless deer between September fifteenth and January first, inclusive. The department may set bag limits and methods for hunting and taking of antlerless deer and other restrictions for the proper control of hunting and taking of antlerless deer.
(B) In Game Zones 1, 2, and 4 the department may issue individual tags for antlerless deer at a cost of five dollars each which must be used as prescribed by the department. These tags are valid in Game Zones 1, 2, and 4 only and must be possessed and used only by the individuals to whom they are issued. Revenue generated from the sale of individual tags must be used to administer the tag program and for deer management and research. The department shall utilize twenty percent of this revenue for law enforcement.
(C) In all other game zones, the department may issue antlerless deer quota permits to landowners or lessees at a cost of fifty dollars each. Revenue generated from the quota permits must be used to administer the tag program and for deer management and research.
(D) Antlerless deer taken pursuant to quota permits must be tagged with a valid antlerless deer tag and reported to the department. Each tag must be attached to the deer as prescribed by the department before the animal is moved from the point of kill. Antlerless deer taken pursuant to quota permits must be tagged, even if taken on designated either-sex days.
(E) The department may suspend the taking of antlerless deer or revoke any quota permit when environmental conditions or other factors warrant.
(F) It is unlawful to hunt or take, possess, or transport antlerless deer, except as permitted by this section. A person violating the provisions of this section or the provisions for taking antlerless deer established by the department is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than five hundred dollars or imprisoned not to exceed thirty days."
Repeal
SECTION 4. Section 50-11-395 of the 1976 Code is repealed.
Shrimp or prawn trawling
SECTION 5. Section 50-17-615 of the 1976 Code is amended to read:
"Section 50-17-615. (A) It is unlawful to trawl for shrimp or prawn in the waters of this State except as allowed in this section.
(B) The following general trawling area is established:
That area seaward of a line beginning at the point of intersection of the North Jetty of the Savannah River and Oyster Bed Island at N. Lat. 032° 02.35', W. Long. 080° 53.05'; thence following the shoreline of Oyster Bed Island to the point at the mouth of Wright River at N. Lat. 032° 02.92', W. Long. 080° 54.62'; thence extending northeasterly to the southernmost point of Turtle Island at N. Lat. 032° 03.08', W. Long. 080° 54.42'; thence following the shoreline of Turtle Island to the point at the mouth of New River at N. Lat. 032° 04.81', W. Long. 080° 52.97'; thence extending easterly to the southernmost point of Daufuskie Island (Bloody Point) at N. Lat. 032° 04.92', W. Long. 080° 52.61'; thence following the shoreline of Daufuskie Island to the point at N. Lat. 032° 07.31', W. Long. 080° 50.38'; thence extending easterly across Calibogue Sound to the point on Hilton Head Island at N. Lat. 032° 07.34', W. Long. 080° 49.49'; thence following the shoreline of Hilton Head Island and crossing the mouths of Folly and Fish Haul Creeks to the northernmost point of Hilton Head Island at N. Lat. 032° 16.26', W. Long. 080° 43.72'; thence extending to the point shown on National Ocean Service chart 11513 as DM G "5" at N. Lat. 032° 16.09', W. Long. 080° 44.0915'; thence extending to DM R "4" at N. Lat. 032° 16.38', W. Long. 080° 44.18'; thence extending easterly to N R "2" at N. Lat. 032° 16.41', W. Long. 080° 42.38'; thence extending to the point on Parris Island Spit at N. Lat. 032° 16.70', W. Long. 080° 40.02' (approximate location of flashing red daymarker No. 246); thence extending to buoy N "26" at the mouth of Beaufort River at N. Lat. 032° 16.73', W. Long. 080° 39.19'; thence extending to the point at the mouth of Station Creek at N. Lat. 032° 16.73', W. Long. 080° 38.55'; thence following the shoreline of Bay Point and St. Phillips Islands and across the mouth of Morse Island Creek to the point on St. Phillips Island at N. Lat. 032° 17.00', W. Long. 080° 35.24'; thence extending easterly across Trenchards Inlet to the point at N. Lat. 032° 17.06', W. Long. 080° 34.78'; thence following the shoreline of Bull Point, Capers, and Pritchards Islands and across the mouths of Capers, Pritchards, and Skull Inlets to the southernmost point of Fripp Island at N. Lat. 032° 18.40', W. Long. 080° 30.05'; thence following the shoreline of Fripp Island to its easternmost point at N. Lat. 032° 19.35', W. Long. 080° 27.18'; thence extending northerly to the southernmost point of Hunting Island at N. Lat. 032° 20.32', W. Long. 080° 27.28'; thence following the shoreline of Hunting Island to the point at the mouth of Johnson Creek at N. Lat. 032° 23.50', W. Long. 080° 25.80'; thence extending northeasterly to the point on Harbor Island at N. Lat. 032° 24.10', W. Long. 080° 25.63'; thence following the shoreline of Harbor Island to the eastern end of US Highway 21 swing bridge at Harbor River at N. Lat. 032° 24.20', W. Long. 080° 27.00'; thence to the center of the swing span of the bridge at N. Lat. 032° 24.26', W. Long. 080° 27.16'; thence extending northeasterly to Fl 4s 16ft 5M daybeacon (Combahee Bank Light) as shown on National Ocean Service chart 11513 at N. Lat. 032° 28.07', W. Long. 080° 26.06'; thence extending to the point on Otter Island at the mouth of the Ashepoo River at N. Lat. 032° 29.25', W. Long. 080° 25.15'; thence following the shoreline of Otter Island to the point at the mouth of Fish Creek at N. Lat. 032° 29.00', W. Long. 080° 23.24'; thence extending easterly across the South Edisto River to the southernmost point of Edisto Island (Bay Point) at N. Lat. 032° 28.66', W. Long. 080° 20.18'; thence following the shorelines of Edisto and Edingsville Beaches and Botany Bay Island and across the mouths of Jeremy, Frampton, and Townsend Inlets to the point on Botany Bay Island at N. Lat. 032° 33.50', W. Long. 080° 12.00'; thence extending easterly across the North Edisto River to the point on Seabrook Island at N. Lat. 032° 033.55', W. Long. 080° 10.50'; thence following the shoreline of Seabrook and Kiawah Islands and across Captain Sams Inlet to the point on Kiawah Island (Sandy Point) at N. Lat. 032° 37.18', W. Long. 079° 59.65'; thence extending northeasterly across Stono Inlet to the southwesternmost point of Folly Island at N. Lat. 032° 38.40', W. Long. 079° 58.36'; thence following the shoreline of Folly Island to its easternmost point at N. Lat. 032° 41.10', W. Long. 079° 53.17'; thence extending northerly across Lighthouse Inlet to the Morris Island lighthouse (abandoned) at N. Lat. 032° 41.70', W. Long. 079° 53.03'; thence extending on a geodetic azimuth of 285 degrees to Morris Island; thence following the shoreline of Morris Island to its point of intersection with the south jetty for Charleston Harbor at N. Lat. 032° 43.9' W. Long. 079° 52.18'; thence following the submerged jetty to the point where its emergent portion begins at N. Lat. 032° 43.85', W. Long. 079° 50.92'; thence extending northeasterly across the Charleston Harbor channel to the point where the emergent north jetty begins at N. Lat. 032° 44.57', W. Long. 079° 50.00'; thence following the submerged north jetty to its point of intersection with Sullivans Island at N. Lat. 032° 45.46', W. Long. 079° 50.40'; thence following the shoreline of Sullivans Island, the seaward edge of the Breach Inlet bridge, and the shoreline of Isle of Palms to its easternmost point at N. Lat. 032° 48.90', W. Long. 079° 43.09'; thence extending northerly across Dewees Inlet to the point on Dewees Island at N. Lat. 032° 49.65', W. Long. 079° 43.27'; thence following the shoreline of Dewees Island to the point at N. Lat. 032° 50.70', W. Long. 079° 42.03'; thence extending across Capers Inlet to the southernmost point of Capers Island at N. Lat. 032° 51.10', W. Long. 079° 41.87'; thence following the shoreline of Capers Island to the point at N. Lat. 032° 52.57', W. Long. 079° 39.30'; thence extending across Price Inlet to the southernmost point of Bull Island at N. Lat. 032° 52.57', W. Long. 079° 38.95'; thence following the shoreline of Bull Island to its northernmost point at N. Lat. 032° 55.98', W. Long. 079° 34.48'; thence extending northeasterly to a group of three piles west of Sandy Point at N. Lat. 033° 00.38', W. Long. 079° 29.43'; thence extending on a geodetic azimuth of 90 degrees to Sandy Point; thence following the shoreline of Sandy Point and Raccoon Key and across the mouth of Raccoon Creek to the point at N. Lat. 033° 01.00', W. Long. 079° 25.25'; thence extending easterly across Key Inlet to the westernmost point of Cape Island at N. Lat. 033° 00.35', W. Long. 079° 23.64'; thence following the shoreline of Cape Island to the point on the west side of the northernmost tip at N. Lat. 033° 04.79', W. Long. 079° 20.14'; thence extending westerly across Cape Romain Harbor to the point on Murphy Island at the mouth of Alligator Creek at N. Lat. 033° 04.73', W. Long. 079° 21.28'; thence following the shoreline of Murphy Island to the point at N. Lat. 033° 07.00', W. Long. 079° 16.97'; thence extending easterly across the South Santee River to the westernmost point of Cedar Island at N. Lat. 033° 07.00', W. Long. 079° 16.58'; thence following the shoreline of Cedar Island to the point at N. Lat. 033° 08.36', W. Long. 079° 14.71'; thence extending northerly across North Santee River to the southernmost point of Cane Island at N. Lat. 033° 08.92', W. Long. 079° 14.92'; thence following the shoreline of Cane Island and across the mouth of the creek which separates it from Crow Island to the point at N. Lat. 033° 10.04', W. Long. 079° 15.34'; thence extending northeasterly across North Santee Bay to the point on South Island at the south side of the mouth of Beach Creek at N. Lat. 033° 10.43', W. Long. 079° 14.60'; thence following the shoreline of South Island to its southernmost point (Santee Point) at N. Lat. 033° 08.06', W. Long. 079° 14.38'; thence following the shoreline of South and Sand Islands to the point of intersection with the south jetty for Winyah Bay at N. Lat. 033° 11.43', W. Long. 079° 11.00'; thence following the shoreline of Sand and South Islands to the point on South Island at N. Lat. 033° 13.82', W. Long. 079° 12.16'; thence extending easterly through buoys G "15" and R N "16" to the point on North Island at N. Lat. 033° 14.00', W. Long. 079° 11.32'; thence following the shoreline of North Island to its intersection with the north jetty for Winyah Bay at N. Lat. 033° 12.53', W. Long. 079° 10.43'; thence following the shoreline of North Island to the point at N. Lat. 033° 19.03', W. Long. 079° 09.57'; thence extending across North Inlet to the point on the south end of Debidue Island at N. Lat. 033° 19.98', W. Long. 079° 09.60'; thence following the shorelines of Debidue and Pawleys Islands, Litchfield and Magnolia Beaches, and across the mouths of Pawleys and Midway Inlets to the point on the south jetty for Murrells Inlet at N. Lat. 033° 31.60', W. Long. 079° 01.90'; thence extending northerly across Murrells Inlet to the point on the north jetty at N. Lat. 033° 31.96', W. Long. 079° 01.77'; thence following the shoreline and across the mouth of Hog Inlet to the point of intersection with the south jetty for Little River on the eastern end of Waites Island at N. Lat. 033° 50.91', W. Long. 078° 33.21'; thence extending easterly across Little River Inlet to the point on the north jetty on Bird Island at N. Lat. 033° 50.97', W. Long. 078° 32.62'; thence following the shoreline of Bird Island to its intersection with the South Carolina - North Carolina boundary line at N. Lat. 033° 51.09', W. Long. 078° 32.50'.
(C) It is lawful to trawl for shrimp or prawn in the general trawling area during those times and seasons set by the department.
(D) It is unlawful to trawl inland of the line described in subsection (B) at any time.
(E) The following portions of the general trawling area of this State are established as areas in which trawling for shrimp or prawn is restricted.
(1) All that area of North Santee Bay bounded by a closed line beginning at the point on the shoreline of Cedar Island at N. Lat. 033° 08.36', W. Long. 079° 14.71'; thence extending northerly across North Santee River to the southernmost point of Cane Island at N. Lat. 033° 08.92', W. Long. 079° 14.92', and following the shoreline of Cane Island and across the mouth of the creek which separates it from Crow Island to the point at N. Lat. 033° 10.04', W. Long. 079° 15.34'; thence extending northeasterly across North Santee Bay to the point on South Island at the south side of the mouth of Beach Creek at N. Lat. 033° 10.43', W. Long. 079° 14.60'; thence following the shoreline of South Island to its southernmost point (Santee Point) at N. Lat. 033° 08.06', W. Long. 079° 14.38'; thence back to the point of beginning.
(2) All that area of Winyah Bay bounded by a closed line beginning at the point where the shoreline of Sand Island intersects with the south jetty for Winyah Bay at N. Lat. 033° 11.43', W. Long. 079° 11.00', and following the shoreline of Sand and South Islands to the point on South Island at N. Lat. 033° 13.82', W. Long. 079° 12.16'; thence extending easterly through buoys G "15" and R N "16" to the point on North Island at N. Lat. 033° 14.00', W. Long. 079° 11.32'; thence following the shoreline of North Island to its intersection with the north jetty for Winyah Bay at N. Lat. 033° 12.53', W. Long. 079° 10.43'; thence back across Winyah Bay Entrance to the point of beginning.
(F) Those areas described in subsection (E) are closed to trawling during the period December sixteen through August thirty-one, inclusive. It is lawful to trawl for shrimp or prawn in those areas during those times and seasons set by the department and for other fish under permit issued by the department as provided in this chapter.
(G) It is unlawful to trawl inland of the areas described in subsection (E) at any time."
Repeal
SECTION 6. Section 50-17-610 and Section 50-17-618 of the 1976 Code are repealed.
Marine life permits
SECTION 7. Section 50-17-50 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 50-17-50. (A) The department may grant permits for taking, holding, and propagating fish or other marine resources excluding any marine mammals for exploratory, experimental, scientific, educational, or commercial display purposes. These permits may authorize activities which would otherwise be unlawful. These permits expire at the pleasure of the department; but permits granted for exploratory or experimental commercial purposes are limited to no more than two years and may not be renewed. Permits granted pursuant to this section may include conditions as to the areas, times, seasons, types of fishing equipment, species to be taken, catch reporting requirements, disposition of the catch, and other conditions the department determines necessary. No permittee may take fish or marine resources in violation of a condition of a permit granted under this section.
(B) Marine resources collected pursuant to exploratory, experimental, or commercial display permits may be used for commercial purposes. Marine resources collected pursuant to scientific or educational permits may not be used for personal consumption, but the resource or the proceeds of its sale may be used by the department for marketing and promotional purposes. Any product in excess of department needs may be disposed of by the department according to law. The department may condition educational permits to allow sale of marine resources for public display.
(C) A person who violates this section or the conditions of a permit granted under this section is guilty of a misdemeanor and, upon conviction, is subject to a penalty as prescribed in Section 50-17-100."
Time effective
SECTION 8. This act takes effect upon approval by the Governor.
Approved the 5th day of June, 1997.