Introduced by Reps. Koon, Frye, Rhoad and Ott

1 Indicates Matter Stricken 2 Indicates New Matter 3 4 AS PASSED BY THE SENATE 5 June 4, 2002 6 7 H. 4876 8 9 Introduced by Reps. Koon, Frye, Rhoad and Ott 10 11 S. Printed 6/04/02--S. 12 Read the first time April 11, 2002. 13 14

1 [4876-1] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 50-11-140, AS AMENDED, CODE OF 12 LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT 13 BEING UNLAWFUL TO CARRY WEAPONS WHILE 14 HUNTING RACCOONS, OPOSSUMS, OR FOX DURING THE 15 PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT 16 WEAPONS, SO AS TO PROVIDE THAT IT IS LAWFUL TO 17 RUN RACCOONS WITH DOGS AT ANY TIME DURING THE 18 YEAR. 19 Amend Title To Conform 20 21 Be it enacted by the General Assembly of the State of South 22 Carolina: 23 24 SECTION 1. Section 50-11-120(A)(1)(d) of the 1976 Code, as 25 amended by Act 95 of 1991, is further amended to read: 26 27 “(d) raccoon and opossum: October fifteenth through 28 March first with weapons and dogs; August fifteenth through 29 October fourteenth and March second through May fourteenth 30 without weapons and with dogs only March second through 31 October fourteenth without weapons and with dogs only; “ 32 33 SECTION 2. Section 50-11-120(A)(2)(d) of the 1976 Code, as 34 amended by Act 95 of 1991, is further amended to read: 35 36 “(d) raccoon and opossum: October fifteenth through 37 March first with weapons and dogs; August fifteenth through 38 October fourteenth and March second through May fourteenth 39 without weapons and with dogs only March second through 40 October fourteenth without weapons and with dogs only;” 41

1 [4876] 1 1 SECTION 3. Section 50-11-120(A)(3)(d) of the 1976 Code, as 2 amended by Act 95 of 1991, is further amended to read: 3 4 “(d) raccoon and opossum: September fifteenth through 5 March fifteenth with weapons and dogs; August fifteenth through 6 September fourteenth and March sixteenth through May fourteenth 7 without weapons and with dogs only March sixteenth through 8 September fourteenth without weapons and with dogs only;” 9 10 SECTION 4. Section 50-11-120(A)(4)(d) of the 1976 Code, as 11 amended by Act 95 of 1991, is further amended to read: 12 13 “(d) raccoon and opossum: October fifteenth through 14 March first with weapons and dogs; August fifteenth through 15 October fourteenth and March second through May fourteenth 16 without weapons and with dogs only March second through 17 October fourteenth without weapons and with dogs only;” 18 19 SECTION 5. Section 50-11-120(A)(5)(d) of the 1976 Code, as 20 amended by Act 95 of 1991, is further amended to read: 21 22 “(d) raccoon and opossum: September fifteenth through 23 March fifteenth with weapons and dogs; August fifteenth through 24 September fourteenth and March sixteenth through May fourteenth 25 without weapons and with dogs only March sixteenth through 26 September fourteenth without weapons and with dogs only;” 27 28 SECTION 6. Section 50-11-120(A)(6)(d) of the 1976 Code, as 29 amended by Act 95 of 1991, is further amended to read: 30 31 “(d) raccoon and opossum: September fifteenth through 32 March fifteenth with weapons and dogs; August fifteenth through 33 September fourteenth and March sixteenth through May fourteenth 34 without weapons and with dogs only March sixteenth through 35 September fourteenth without weapons and with dogs only;” 36 37 SECTION 7. Section 50-11-120(A)(7)(d) of the 1976 Code, as 38 amended by Act 95 of 1991, is further amended to read: 39 40 “(d) raccoon and opossum: September fifteenth through 41 March fifteenth with weapons and dogs; August fifteenth through 42 September fourteenth and March sixteenth through May fourteenth

1 [4876] 2 1 without weapons and with dogs only March sixteenth through 2 September fourteenth without weapons and with dogs only;” 3 4 SECTION 8. Section 50-11-120(A)(8)(d) of the 1976 Code, as 5 amended by Act 95 of 1991, is further amended to read: 6 7 “(d) raccoon and opossum: September fifteenth through 8 March fifteenth with weapons and dogs; August fifteenth through 9 September fourteenth and March sixteenth through May fourteenth 10 without weapons and with dogs only March sixteenth through 11 September fourteenth without weapons and with dogs only;” 12 13 SECTION 9. Section 50-11-120(A)(9)(e) of the 1976 Code, as 14 amended by Act 117 of 1999, is further amended to read: 15 16 “(e) raccoon and opossum: August fifteenth through 17 September fourteenth with dogs only; September fifteenth through 18 March fifteenth with weapons and dogs; March sixteenth through 19 May September fourteenth with dogs only;” 20 21 SECTION 10. Section 50-11-120(A)(10)(d) of the 1976 Code, 22 as amended by Act 95 of 1991, is further amended to read: 23 24 “(d) raccoon and opossum: September fifteenth through 25 March fifteenth with weapons and dogs; August fifteenth through 26 September fourteenth and March sixteenth through May fourteenth 27 without weapons and with dogs only March sixteenth through 28 September fourteenth without weapons and with dogs only;” 29 30 SECTION 11. Section 50-11-120(A)(11)(d) of the 1976 Code, 31 as amended by Act 95 of 1991, is further amended to read: 32 33 “(d) raccoon and opossum: September fifteenth through 34 March fifteenth with weapons and dogs; August fifteenth through 35 September fourteenth and March sixteenth through May fourteenth 36 without weapons and with dogs only. March sixteenth through 37 September fourteenth without weapons and with dogs only;” 38 39 SECTION 12. Section 50-11-140 of the 1976 Code, as amended 40 by Act 473 of 1994, is further amended to read: 41 42 “Section 50-11-140. During a period in which raccoons, 43 opossums, or fox are allowed to be hunted without weapons, it is

1 [4876] 3 1 unlawful to take, or attempt to take, or hunt the animals when 2 carrying on one’s person or in one’s vehicle a firearm. All 3 firearms must be unloaded and locked in a vehicle, unless legally 4 permitted.” 5 6 SECTION 13. Section 50-13-1180(F) of the 1976 Code, as 7 added by Act 316 of 1992, is amended to read: 8 9 “(F) Trotline hooks used in Lakes Marion and Moultrie must 10 have a gap or clearance between point and shank no greater than 11 seven-sixteenths inch. and must pass through a three - inch - long 12 cylinder with an inside diameter of one - half inch.” 13 14 SECTION 14. Section 50-5-1505(1)(b) of the 1976 Code, as 15 last amended by an act of 2001 bearing ratification number 20, is 16 further amended to read: 17 18 “(b) Santee River below Wilson Dam including the Rediversion 19 Canal below St. Stephen Dam, North Santee River and Bay, South 20 Santee River, and all tributaries and distributaries thereto as 21 follows: 22 ( i) Rediversion Canal: from St. Stephen Dam seaward to the 23 seaward terminus of the northern dike of the Rediversion Canal: 24 Season: No open season; 25 ( ii) Rediversion Canal from the seaward terminus of the 26 northern dike of the Rediversion Canal seaward to Santee River: 27 (1) Season: February 1 through April 30; 28 (2) Times: 7:00 a.m. to 7:00 p.m. local time, Tuesday and 29 Thursday; 30 (3) Methods and equipment: Any lawful method and 31 equipment; 32 (4) Size and take limits: No limits. 33 ( ii)(iii) Wilson Dam seaward to U.S. Highway 52 bridge: 34 Season: No open season. 35 (iii)(iv) U.S. Highway 52 bridge seaward to S.C. 36 Highway 41 bridge: 37 (1) Season: February 1 through April 30; 38 (2) Times: 7:00 a.m. to 7:00 p.m. local time, Tuesday and 39 Thursday; 40 (3) Methods and equipment: Any lawful method and 41 equipment; 42 (4) Size and take limits: No limits. 43 (iv)(v) U.S. Highway 41 bridge seaward:

1 [4876] 4 1 (1) Season: February 1 through March 31; 2 (2) Times: Monday noon to Saturday noon, local time; 3 (3) Methods and equipment: Any lawful method and 4 equipment; 5 (4) Size and take limits: No limits.” 6 7 SECTION 15. Article 5, Chapter 9, Title 50 of the 1976 Code is 8 amended by adding: 9 10 “Section 50-9-545. It is unlawful for a person to take striped 11 bass, hybrid striped bass, brook trout, brown trout, rainbow trout, 12 or small mouth bass in the waters of this State without first 13 procuring a state waters fisheries hatchery stamp and having a 14 valid stamp in their possession while taking or transporting striped 15 bass, hybrid striped bass, brook trout, brown trout, rainbow trout, 16 or small mouth bass caught in the waters of this State. A person 17 violating this section is guilty of a misdemeanor and, upon 18 conviction, must be fined not less than fifty nor more than five 19 hundred dollars or imprisoned not more than thirty days. 20 For purposes of this section, taking does not include the catching 21 and immediate release of fish back to the waters when and where 22 they were caught. 23 Each stamp required under this section must be validated by the 24 signature of the licensee written across the face of the stamp. The 25 department must furnish stamps to its authorized licensed sales 26 agents for sale in the same manner as other type licenses. The fee 27 for each stamp is five dollars. Fifty cents of the stamp cost may be 28 retained by the issuing sales agent, and the balance must be paid to 29 the department. Each stamp expires on the last day of June 30 following issuance. 31 The department may produce additional stamps as 32 commemorative or collector’s items which must be sold at a price 33 of not less than five dollars and fifty cents. These proceeds must 34 be retained by the department. 35 Revenue derived from the sale of the stamp may be used only 36 for the cost of printing, promoting, and producing the stamp and 37 for those freshwater fisheries hatchery and habitat projects 38 specified by the board for the development, protection, and 39 propagation of freshwater fish in this State. None of the funds 40 may be expended for administrative salaries.” 41 42 SECTION 16. Section 50-13-210 of the 1976 Code, as last 43 amended by Act 181 of 1993, is further amended to read:

1 [4876] 5 1 “Section 50-13-210. It is unlawful for a person in any one day 2 to catch more than forty game fish; however, of the total creel 3 limit: 4 (1) not more than ten of the total may be striped bass 5 (Rockfish) or hybrid bass (striped bass-white bass) or a 6 combination of them unless regulations promulgated by the 7 department and adopted by the General Assembly by authority of 8 Section 50-13-236 reflect otherwise; 9 (2) not more than ten of the total may be black bass (large 10 mouth, small mouth, coosae) or a combination of them unless 11 regulations promulgated by the department and adopted by the 12 General Assembly by authority of Section 50-13-236 reflect 13 otherwise; 14 (3) not more than ten of the total may be trout; provided, not 15 more than five trout may be taken in any one day from that portion 16 of the lower Saluda River between the Lake Murray Dam and the 17 confluence of the Broad River; 18 (4) not more than eight of the total may be walleye or sauger or 19 a combination of them; 20 (5) not more than thirty of the total may be any game fish not 21 specified.” 22 23 SECTION 17. Chapter 21, Title 50 of the 1976 Code is amended 24 by adding: 25 26 “Section 50-21-131. There is established a special no wake 27 zone on that portion of the Intercoastal Waterway in Charleston 28 County beginning just east of the eleventh green of the Wild 29 Dunes Harbor course, parallel to the wash that runs between the 30 11th green and the houses to the east from the Isle of Palms 31 Marina, that is, twenty docks to the west, starting with the jet ski 32 dock directly west of the Marina; and ending at the sign posted at 33 Intercoastal Waterway marker 116. This no wake zone is in effect 34 from eleven o’clock a. m. until six thirty p. m. on all Saturdays and 35 Sundays year round, and those federal and state holidays falling on 36 or within May first and September thirtieth of each year. The 37 boundaries, times and dates when this no wake zone is in effect 38 must be clearly marked with signs and designed and installed as 39 specified by the department.” 40 41 SECTION 18. This act takes effect upon approval by the 42 Governor. 43

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