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Bill 248

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 22, 2001

    S. 248

Introduced by Senators Martin, Leventis, Gregory, Branton and Alexander

S. Printed 3/22/01--S.

Read the first time January 31, 2001.

    To whom was referred a Bill (S. 248) to amend Section 50-11-2200, as amended, Code of Laws of South Carolina, 1976, relating to wildlife management areas, etc., respectfully

    That they have duly and carefully considered the same and recommend that the same do pass:

GREG GREGORY for Committee.

TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF WILDLIFE MANAGEMENT AREAS AND LAND OWNED BY THE DEPARTMENT INCLUDING, BUT NOT LIMITED TO, HIKING, ROCK CLIMBING, OPERATION OF MOTORIZED AND NONMOTORIZED VEHICLES, SWIMMING, CAMPING, HORSE RIDING, OPERATION OF BOATS, POSSESSION OF PETS, AND GATHERING PLANTS, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION.

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

SECTION    1.    Section 50-11-2200 of the 1976 Code, as last amended by Act 372 of 1996, is further amended to read:

    "Section 50-11-2200.    (A)    Subject to available funding, the department shall acquire sufficient wildlife habitat through lease or purchase or otherwise to establish wildlife management areas for the protection, propagation, and promotion of fish and wildlife and for public hunting and fishing. The department may not have under lease at any one time more than one million, six hundred thousand acres in the wildlife management area program. The department may not pay more than fair market value for the lease of lands in the area. The department may not lease land for the program which, during the preceding twenty-four months, was held under a private hunting lease. However, this restriction does not apply:

        (1)    if the former lessee executes a voluntary consent to the proposed wildlife management area lease;

        (2)    if the lessor cancels the lease; or

        (3)    to any lands which, during the twenty-four months before June 5, 1986, were in the game management area program. The department may establish open and closed seasons, bag limits, and methods for hunting and taking wildlife on all wildlife management areas.

    (B)    The department may promulgate regulations to establish open and closed seasons, bag limits, and methods for hunting and taking wildlife on all wildlife management areas, and for the protection, preservation, operation, maintenance, and use of wildlife management areas and land owned by the department.

    (C)    The following acts or conduct are prohibited and shall be unlawful on all wildlife management areas and land owned by the department; provided, however, the department may promulgate regulations allowing any of the acts or conduct by prescribing acceptable times, locations, means, and other appropriate restrictions not inconsistent with the protection, preservation, operation, maintenance, and use of such lands:

        (1)    hunting or taking wildlife or fish during closed season;

        (2)    exceeding bag or creel limits;

        (3)    hunting or taking wildlife;

        (4)    hiking;

        (5)    rock climbing;

        (6)    operation of motorized and nonmotorized vehicles;

        (7)    swimming;

        (8)    camping;

        (9)    horse riding;

        (10)    operation of boats;

        (11)    possession of pets;

        (12)    gathering plants;

        (13)    use of fire, except by the department for management purposes;

        (14)    polluting or contaminating any water;

        (15)    acting in a disorderly manner or creating any noise which would result in annoyance to others;

        (16)    operating or using audio device, including radio, television, musical instruments, or any other noise producing devices, such as electrical generators, and equipment driven by motor engines, in such a manner and at such times as to disturb other persons and no person shall operate or use any public address system.

    (D)    A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or be imprisoned for not more than thirty days or both."

SECTION    2.    This act takes effect upon approval by the Governor.

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