reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-330. Oath; bond.

Every enforcement officer appointed to protect the property of the State shall, before entering upon the duties of his office, take and subscribe before a notary public, or other officer authorized to administer an oath, an oath to perform the duties of his office. Every officer shall be covered by a surety bond with the department of not less than two thousand dollars, subscribed by a licensed, reliable surety company, conditioned for the faithful performance of his duties. The bond may be individual, schedule, or blanket, and on a form approved by the Attorney General. The premiums on the bonds must be paid by the department.
HISTORY: 1962 Code Section 28-133; 1952 Code Section 28-133; 1942 Code Section 1754; 1932 Code Section 3291; 1928 (35) 1267; 1952 (47) 2179; 1993 Act No. 181, Section 1258; 2016 Act No. 216 (S.1205), Section 2, eff June 3, 2016.
Effect of Amendment
2016 Act No. 216, Section 2, rewrote the section, providing that the officers shall be covered by a surety bond of not less than two thousand dollars and that the department of natural resources must pay the premiums on the surety bonds.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-340. Statewide authority of enforcement officers.

The enforcement officers, when acting in their official capacity, shall have statewide authority for the enforcement of all laws relating to wildlife, marine, and natural resources.
HISTORY: 1962 Code Section 28-134; 1952 (47) 2179; 1993 Act No. 181, Section 1258.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-350. Official badge.

The enforcement officers, when acting in their official capacity, shall wear a metallic shield with the words "South Carolina Department of Natural Resources Law Enforcement Officer" inscribed thereon.
HISTORY: 1962 Code Section 28-135; 1952 Code Section 28-135; 1942 Code Section 1754; 1932 Code Section 3291; 1928 (35) 1267; 1952 (47) 2179; 1993 Act No. 181, Section 1258; 2022 Act No. 230 (H.3055), Section 2.I, eff June 17, 2022.
Effect of Amendment
2022 Act No. 230, Section 2.I, substituted "'South Carolina Department of Natural Resources Law Enforcement Officer'" for "'Enforcement Officer of the Natural Resources Enforcement Division'".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-360. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.

Editor's Note
Former Section 50-3-360 was entitled "Additional deputy enforcement officers for Game Zone No. 2" and was derived from 1962 Code Section 28-136; 1952 Code Section 28-136; 1942 Code Section 1790-3; 1940 (41) 1728; 1952 (47) 2179; 1993 Act No. 181, Section 1258.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-370. Obtaining information on violations; checking bag limits.

All enforcement officers shall obtain information as to all violations of the bird, nonmigratory fish, and game laws, and check all bag limits, size and specie of such birds, nonmigratory fish and game.
HISTORY: 1962 Code Section 28-137; 1952 (47) 2179; 1993 Act No. 181, Section 1258.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-380. Search for and seizure of game and fish possessed unlawfully.

A duly commissioned enforcement officer, upon making an affidavit before a magistrate or in any court of the State that there exist reasonable grounds to believe that birds, fish or game are in the possession of any person or any common carrier in violation of the law, may procure a search warrant and open and enter and examine all cars, warehouses and receptacles of common carriers in the State where he has reason to believe any game or fish taken or held in violation of law is and, when any such game or fish are found, may seize them.
HISTORY: 1962 Code Section 28-138; 1952 (47) 2179; 1993 Act No. 181, Section 1258.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-390. Duty to enforce laws and prosecute.

The enforcement officers shall see that the bird, nonmigratory fish and game laws are enforced and prosecute all persons having in their possession any birds, nonmigratory fish or game contrary to the bird, fish and game laws of this State.
HISTORY: 1962 Code Section 28-139; 1952 Code Section 28-139; 1942 Code Section 1753; 1932 Code Section 3290; Cr. C. '22 Section 766; Cr. C. '12 Section 749; 1907 (25) 662; 1952 (47) 2179; 1993 Act No. 181, Section 1258.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-395. Enforcement officers may issue warning tickets.

Enforcement officers may issue warning tickets to violators in cases of misdemeanor violations under this title. The department shall provide for the form, administration, and use of warning tickets authorized by this section.
HISTORY: 1985 Act No. 17, Section 1; 1993 Act No. 181, Section 1258; 2022 Act No. 230 (H.3055), Section 2.J, eff June 17, 2022.
Effect of Amendment
2022 Act No. 230, Section 2.J, in the second sentence, deleted "by regulation" following "The department shall".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-396. Use of enforcement officers' official summons for littering violations.

The official summons used by enforcement officers may be used to cite violators of the provisions of Section 16-11-700 relating to littering.
HISTORY: 1988 Act No. 450; 1993 Act No. 181, Section 1258.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-400. Enforcement officers granted powers and authorities of constables and authority of inspectors.

The enforcement officer qualified under Sections 50-3-320 and 50-3-330 shall possess and exercise all of the power and authorities held and exercised by the constable at common law and under the statutes of this State. He shall also have the authority of inspector as provided for in Chapter 5 of this title.
HISTORY: 1962 Code Section 28-140; 1952 Code Section 28-140; 1942 Code Section 1754; 1932 Code Section 3291; 1928 (35) 1267; 1952 (47) 2179; 1967 (55) 645; 1993 Act No. 181, Section 1258.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-410. Summons; posting of monetary bond in lieu of personal appearance or incarceration.

(A) Department of Natural Resources enforcement and deputy enforcement officers and officers authorized to enforce state law under the Catawba Indian Claims Settlement Act may use the official department summons for arrests for violations of laws and regulations of the Department of Natural Resources, and all other misdemeanors within the jurisdiction of the magistrates, municipal, or family court. Service of the summons vests the respective courts with jurisdiction and any person apprehended and served must appear at the time and place designated.
(B) In the discretion of the apprehending officer, the person apprehended may be allowed to post a monetary amount as a bond in lieu of a personal appearance or incarceration. The amount may not be less than the minimum fine nor more than the maximum fine, plus court costs. The summons serves as a receipt for the sum posted with the officer.
HISTORY: 1962 Code Section 28-140.1; 1964 (53) 2201; 1981 Act No. 166, Section 1; 1988 Act No. 461, Section 1; 1993 Act No. 181, Section 1258; 1996 Act No. 374, Section 1; 2000 Act No. 275, Section 1; 2004 Act No. 246, Section 4; 2008 Act No. 213, Section 1, eff May 13, 2008.
Effect of Amendment
The 2008 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-420. Immunity from prosecution.

Neither any officer of the Lake Wylie Marine Commission nor any enforcement officer or deputy enforcement officer of the Department of Natural Resources is subject to criminal prosecution when acting in his official capacity within his territorial jurisdiction for:
(1) failing to comply with statutes or regulations governing the operations of motor vehicles, watercraft, or aircraft;
(2) entering into private property, whether or not posted against trespassing;
(3) failure to comply with wildlife conservation and boating laws of this State as a necessary part of the investigation or enforcement effort in enforcing those laws.
The provisions of this section do not relieve the officers from the duty to exercise due regard for the safety of the public or protect them from the consequences of reckless, wilful, or wanton disregard for the safety of others nor liability for criminal prosecutions except as stated in items (1), (2), and (3).
HISTORY: 1987 Act No. 176, Section 11A; 1993 Act No. 181, Section 1258; 2000 Act No. 275, Section 2.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-510. Authorization to contract; required findings; approval by State Forester.

The department may, subject to the provisions of this article, contract for the harvest of timber on any lands held by the department. No contract for such cutting and sale may be entered into and no timber may be cut or sold unless the board votes that the cutting and sale of the timber is for the best interests of the department and the improvement of its lands, by reason of thinning the timber, harvesting the over-age trees and improving general forestry conditions. Before selling or cutting the timber the department shall coordinate with the State Forester to have the timber cruised and an estimate of the value made. If the State Forester finds that the sale is not in keeping with good forestry practices or will adversely affect the remainder of the timber, the sale must not be made.
HISTORY: 1962 Code Section 28-145; 1955 (49) 623; 1972 (57) 2431; 1993 Act No. 181, Section 1258; 2010 Act No. 186, Section 1, eff May 28, 2010.
Effect of Amendment
The 2010 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-515. Exception for lands which were used for agriculture or managed forestland before acquisition by department.

Notwithstanding any other provision of law, lands which were used for agriculture or managed forestland before acquisition by the department must be managed and the timber harvested to provide optimum fish and wildlife habitat. The department must use Best Management Practices as prescribed by the South Carolina Forestry Commission, or its successor, in managing and harvesting timber. If the department uses Best Management Practices when managing or harvesting timber, there is no adverse effect on historical properties or archeological sites.
HISTORY: 2010 Act No. 186, Section 1, eff May 28, 2010.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-520. Advertising for bids; rejection of bids; terms of sale.

If the sale is recommended by the State Forester, the department shall publicly advertise for bids for the timber at least three weeks before the closing of the bidding. The department has the right to reject any and all bids, either on account of the amounts of the bids or the lack of experience and responsibility of the bidder. A sale agreed upon must be for cash.
HISTORY: 1962 Code Section 28-146; 1955 (49) 623; 1993 Act No. 181, Section 1258; 2010 Act No. 186, Section 1, eff May 28, 2010.
Effect of Amendment
The 2010 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-525. Ecological or silviculture emergencies or natural disasters.

If an ecological or silviculture emergency or a natural disaster occurs that necessitates the immediate harvest of timber, upon the approval of the State Forester, the department immediately may negotiate contracts for the harvest and sale of the timber. Ecological or silviculture emergencies include, but are not limited to, insect, fungal, disease infestations, or fires.
HISTORY: 2010 Act No. 186, Section 1, eff May 28, 2010.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-530. Execution of deeds and contracts.

Any deeds or contracts required in carrying out the provisions of this article may be executed and delivered on behalf of the department by the director.
HISTORY: 1962 Code Section 28-147; 1955 (49) 623; 1993 Act No. 181, Section 1258; 2010 Act No. 186, Section 1, eff May 28, 2010.
Effect of Amendment
The 2010 amendment deleted "by resolution of the board," after "this article may" and substituted "on behalf of the department" for "on its behalf by its chairman and".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-540. Omitted by 2010 Act No. 186, Section 1, eff May 28, 2010.

Editor's Note
Former Section 50-3-540 was entitled "State Forester to mark trees to be cut" and was derived from 1962 Code Section 28-148; 1955 (49) 623; 1993 Act No. 181, Section 1258.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-550. Disposition of proceeds of sale.

Unless otherwise provided, the proceeds of the sale must be deposited with the State Treasurer to the credit of the Fish and Wildlife Protection Fund.
HISTORY: 1962 Code Section 28-149; 1955 (49) 623; 1981 Act No. 148, Section 11; 1984 Act No. 512, Part II, Section 18; 1993 Act No. 181, Section 1258; 2010 Act No. 186, Section 1, eff May 28, 2010.
Code Commissioner's Note
2009 Act No. 79, Section 2.B provides as follows:
"The name of the 'Game Protection Fund' as contained in Title 50 is hereby changed to the 'Fish and Wildlife Protection Fund'. Wherever the term 'Game Protection Fund' appears in the 1976 Code, it shall mean the 'Fish and Wildlife Protection Fund' and the Code Commissioner is directed to change this reference at a time and in a manner that is timely and cost effective."
Effect of Amendment
The 2010 amendment inserted "Unless otherwise provided," at the beginning and "State" before "Treasurer".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-710. Wildlife Endowment Fund; purpose.

There is created the South Carolina Wildlife Endowment Fund, the income and principal of which must be used only for the purpose of supporting wildlife conservation programs of the State.
HISTORY: 1989 Act No. 101, Section 1; 1993 Act No. 181, Section 1258.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-720. Board of Trustees of Wildlife Endowment Fund; State Treasurer as custodian of fund.

There is created the Board of Trustees of the Wildlife Endowment Fund of the Department of Natural Resources, with full authority over the administration of the fund, whose chairman and members are the chairman and members of the board of the Department of Natural Resources. The State Treasurer is the custodian of the fund and shall invest its assets in accordance with the provisions of Title 11.
HISTORY: 1989 Act No. 101, Section 1; 1993 Act No. 181, Section 1258.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-730. Source of assets for fund.

The assets of the fund are derived from:
(1) the proceeds of any gifts, grants, and contributions to the State which are designated specifically for inclusion;
(2) the proceeds from the sale of all lifetime privileges;
(3) any amount in excess of the statutory fee for a particular lifetime license which qualifies as a tax-exempt donation to the State; and
(4) other sources specified by law.
HISTORY: 1989 Act No. 101, Section 1; 1993 Act No. 181, Section 1258; 2000 Act No. 370, Section 1; 2008 Act No. 268, Section 1, eff June 4, 2008.
Effect of Amendment
The 2008 amendment, in item (2), substituted "privileges" for "combination licenses"; deleted item (3) relating to proceeds from the sale of lifetime hunting and fishing licenses; and redesignated items (4) and (5) as items (3) and (4).
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-740. Limitations and restrictions on expenditures from fund.

The fund constitutes a special trust derived from a contractual relationship between the State and the members of the public whose investments contribute to the fund. In recognition of the special trust, the following limitations and restrictions are placed on expenditures from the fund:
(1) Any limitations or restrictions specified by the donors on the uses of the income derived from the gifts, grants, and voluntary contributions are respected but are not binding.
(2) No expenditure or disbursement may be made from the principal of the fund except as otherwise provided by law.
(3) The income received and accruing from the investments of the fund must be spent only in furthering the conservation of wildlife resources and the efficient operation of the department in accomplishing the purposes of the department as set forth in this title.
HISTORY: 1989 Act No. 101, Section 1; 1993 Act No. 181, Section 1258.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-750. Authority of board to accumulate income and direct expenditures from income.

The board may accumulate the investment income of the fund and may direct expenditures from the income of the fund for the purposes set out in Section 50-3-740(3).
HISTORY: 1989 Act No. 101, Section 1; 1993 Act No. 181, Section 1258.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-760. Expenditures to be in accordance with general appropriation act.

Expenditure of the income derived from the fund must be made through the board in accordance with the provisions of the general appropriation act.
HISTORY: 1989 Act No. 101, Section 1; 1993 Act No. 181, Section 1258; 2005 Act No. 164, Section 26.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-770. Fund as supplement to state appropriations.

The fund and income do not take the place of state appropriations or department receipts placed in the fund, but any portion of the income of the fund available for the purpose set out in Section 50-3-740(3) must be used to supplement other income of and appropriations to the department.
HISTORY: 1989 Act No. 101, Section 1; 1993 Act No. 181, Section 1258.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-780. Fund not affected by dissolution or substitution of trustee agency or by amendment or repeal of statutes.

If the board of the Department of Natural Resources is dissolved, the succeeding agency shall assume the trusteeship of the fund and is bound by all the limitations and restrictions placed by this article on expenditures from the fund. No repeal or modification of this article or title alters the fundamental purposes to which the fund is applied. No future dissolution of the board of the Department of Natural Resources or substitute agency invalidates any lifetime license issued in accordance with Chapter 9 of this title.
HISTORY: 1989 Act No. 101, Section 1; 1993 Act No. 181, Section 1258.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-790, 50-3-800. Repealed by 2010 Act No. 233, Section 13, eff July 1, 2010.

Editor's Note
Former Section 50-3-790 was entitled "Increase in existing lifetime license fees when annual fees increase" and was derived from 1989 Act No. 101, Section 1; 1993 Act No. 181, Section 1258; 2000 Act No. 370, Section 2.
Former Section 50-3-800 was entitled "Lifetime licenses not affected by transfer of residency of licensees" and was derived from 1989 Act No. 101, Section 1; 1993 Act No. 181, Section 1258.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-900. Creation of Jocassee Gorges Trust Fund; purpose.

There is created the South Carolina Jocassee Gorges Trust Fund, the income and principal of which must be used only for the purposes of supporting the operation and maintenance and the acquisition of additional real property complementary to those tracts of real property owned by the South Carolina Department of Natural Resources in Oconee and Pickens Counties, South Carolina, in the vicinity of Lake Jocassee which are known collectively as the Jocassee Gorges. All gifts, grants, and contributions for this purpose must be accounted for separately from other assets of the fund.
HISTORY: 1998 Act No. 419, Part II, Section 66.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-910. Board of Trustees; duties; members.

There is created the Board of Trustees of the Jocassee Gorges Trust Fund of the Department of Natural Resources, with full authority over the administration of the fund, whose chairman and members are the chairman and members of the board of the Department of Natural Resources. The State Treasurer is the custodian of the fund and shall invest its assets in accordance with the provisions of Title 11.
HISTORY: 1998 Act No. 419, Part II, Section 66.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-920. Sources of fund assets.

The assets of the fund are derived from:
(1) the proceeds of any gifts, grants, and contributions to the State which are designated specifically for inclusion;
(2) other lawful sources.
HISTORY: 1998 Act No. 419, Part II, Section 66.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-930. Expenditures; limitations and restrictions.

The fund constitutes a special trust derived from a contractual relationship between the State and the members of the public whose investments contribute to the fund. In recognition of the special trust, the following limitations and restrictions are placed on expenditures from the fund:
(1) Any limitations or restrictions specified by the donors on the uses of the income derived from the gifts, grants, and voluntary contributions are respected but are not binding.
(2) After applying income received and accruing from the investments of gifts, grants, and contributions, the board of trustees of the fund may liquidate and expend principal of the fund.
(3) The income received and accruing from the investments of the fund must be spent only to acquire additional real property complementary to or protective of the Jocassee Gorges and in furthering the operation and maintenance of the Jocassee Gorges.
HISTORY: 1998 Act No. 419, Part II, Section 66.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-940. Investment income; expenditures for specified purposes.

The board may accumulate the investment income of the fund and may direct expenditures from the income of the fund for the purposes set forth in Section 50-3-930(3).
HISTORY: 1998 Act No. 419, Part II, Section 66.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-950. Procedure for making expenditures.

Expenditure of the income derived from the fund must be made through the board in accordance with the provisions of the general appropriation act.
HISTORY: 1998 Act No. 419, Part II, Section 66; 2005 Act No. 164, Section 27.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-960. Fund and income not to take place of state appropriations or department receipts.

The fund and income do not take the place of state appropriations or department receipts placed in the fund and must be used in accordance with Section 50-3-930(3).
HISTORY: 1998 Act No. 419, Part II, Section 66.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-970. Alternate trusteeship of fund.

If the board of the Department of Natural Resources is dissolved, the succeeding agency shall assume the trusteeship of the fund and is bound by all the limitations and restrictions placed by this article on expenditures from the fund.
HISTORY: 1998 Act No. 419, Part II, Section 66.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-1010. South Carolina Tom Yawkey Wildlife Center Trust Fund.

There is created the South Carolina Tom Yawkey Wildlife Center Trust Fund, the income and principal of which must be used only for the purposes of supporting the operation and maintenance and the acquisition of additional real property complementary to those tracts of real property owned by the South Carolina Department of Natural Resources in Georgetown County, South Carolina, including South Island and the greater parts of North Island and Cat Island, known collectively as the Tom Yawkey Wildlife Center. All gifts, grants, and contributions for this purpose must be accounted for separately from other assets of the fund. The State Treasurer is the custodian of the fund and shall invest its assets in an interest-bearing account pursuant to South Carolina law.
HISTORY: 2014 Act No. 168 (S.1010), Section 1, eff May 16, 2014.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-1020. Board of Trustees.

There is created the Board of Trustees of the Tom Yawkey Wildlife Center Trust Fund of the Department of Natural Resources, with full authority over the administration of the fund, whose chairman and members, serving ex officio, are the chairman and members of the board of the Department of Natural Resources.
HISTORY: 2014 Act No. 168 (S.1010), Section 1, eff May 16, 2014.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-1030. Assets of fund.

The assets of the fund may be derived from:
(1) appropriations of state general funds, federal funds, donations, gifts, bond-issue receipts, securities, and other monetary instruments of value;
(2) the proceeds of any gifts, grants, and contributions to the State which are designated specifically for inclusion;
(3) funds derived from the Yawkey Foundation, a charitable trust established under the will of Thomas A. Yawkey, deceased;
(4) funds received through sale, exchange, or otherwise, of products of the property including, but not limited to, timber;
(5) restricted interest income, contributions, and donations;
(6) other lawful sources; and
(7) the reimbursement for monies expended from this fund which must be redeposited into the fund.
HISTORY: 2014 Act No. 168 (S.1010), Section 1, eff May 16, 2014.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-1040. Restrictions on expenditures from fund.

The fund constitutes a special trust derived from a contractual relationship between the State and contributors to the fund, including members of the public. In recognition of the special trust, the following limitations and restrictions are placed on expenditures from the fund:
(1) Any limitations or restrictions specified by the donors on the uses of the income derived from the gifts, grants, and voluntary contributions are respected but are not binding.
(2) After applying income received and accruing from the investments of gifts, grants, and contributions, the board of trustees of the fund may liquidate and expend the principal of the fund.
(3) The assets of the fund, both principal and income received and accruing from the investments, must be spent only in furthering the operation and maintenance of the Tom Yawkey Wildlife Center and to acquire additional real property complementary to or protective of the Tom Yawkey Wildlife Center.
(4) Balances in this fund may be used to match available federal funds.
(5) Balances in this fund shall be retained and carried forward from year to year and do not revert to the General Fund of the State and may be used to match available federal funds.
HISTORY: 2014 Act No. 168 (S.1010), Section 1, eff May 16, 2014.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-1050. Expenditure of income.

Expenditure of the income derived from the fund must be made through the board in accordance with the provisions of the general appropriations act.
HISTORY: 2014 Act No. 168 (S.1010), Section 1, eff May 16, 2014.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-1060. State appropriations or department receipts placed in fund.

The fund and income do not take the place of state appropriations or department receipts placed in the fund and must be used in accordance with Section 50-3-1040(3).
HISTORY: 2014 Act No. 168 (S.1010), Section 1, eff May 16, 2014.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-1070. Successor agency.

If the board of the Department of Natural Resources is dissolved, the succeeding agency shall assume the trusteeship of the fund and is bound by all the limitations and restrictions placed by this article on expenditures from the fund.
HISTORY: 2014 Act No. 168 (S.1010), Section 1, eff May 16, 2014.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-1110. Conservation Grant Fund established.

There is created in the state treasury a fund separate and distinct from the general fund of the State and all other funds styled the "Conservation Grant Fund". The income and principal of the fund must be used only to stimulate the use of conservation easements and fee simple gifts of land for conservation to qualified conservation organizations to improve the capacity of private nonprofit land trusts successfully to accomplish conservation projects and to provide an opportunity to leverage private and public monies for conservation easements.
HISTORY: 2000 Act No. 283, Section 1(D).
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-1140. Qualification for tax credit as requirement for real property to be subject of grant.

In order for real property to be the subject of a grant under this article, the land must qualify for the tax credit allowed pursuant to Section 12-6-3515.
HISTORY: 2000 Act No. 283, Section 1(D).
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-1150. Uses of Fund revenues and grants; restrictions.

(A) Revenues in the Conservation Grant Fund may be used by the department only to:
(1) defray the administrative costs of the department in administering the grant purpose provided for by this article;
(2) provide education on conservation easements and fee simple gifts of land for conservation, including information material intended for landowners and education for staff and volunteers; and
(3) make conservation grants.
(B) A grant from the Conservation Grant Fund may be used only to pay for one or more of the following costs:
(1) reimbursement for total or partial transaction costs for donations that otherwise would not be made because of insufficient financial revenues;
(2) management support, including initial baseline inventory and planning;
(3) monitoring compliance with conservation easements;
(4) education on conservation easements and fee simple gifts of land for conservation, including information materials intended for landowners, and education for staff and volunteers.
(C) Fund proceeds may not be used to pay the purchase price of any interest in real property.
HISTORY: 2000 Act No. 283, Section 1(D).
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-1160. Grants; establishment of criteria for awarding; procedures.

The board shall establish the procedures and criteria for awarding grants under this article. The criteria shall focus grants on those areas, approaches, and techniques that are likely to provide the optimum positive effect on conservation. The board shall make recommendations to the General Assembly on the award of grants. Upon approval by the General Assembly by concurrent resolution, the board shall award the grants and provide public notice of the award.
HISTORY: 2000 Act No. 283, Section 1(D).
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 4 - South Carolina Solar Habitat Act › Section 50-4-20. Voluntary site management practices.

An owner of a ground-mounted commercial solar energy generation site is encouraged to follow voluntary site management practices that:
(1) provide native perennial vegetation and foraging habitats beneficial to gamebirds, songbirds, and pollinators; and
(2) reduce storm water runoff and erosion at the solar generation site.
HISTORY: 2018 Act No. 253 (H.4875), Section 1, eff May 25, 2018.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 4 - South Carolina Solar Habitat Act › Section 50-4-30. Native vegetation habitat and pollinator management plan.

The South Carolina Department of Natural Resources, working in conjunction with other state agencies and nonprofit conservation organizations, shall establish a native vegetation habitat and pollinator management plan to be used as technical guidance for the purposes of this act.
An owner of a solar energy generation site implementing solar site management practices under this section may claim that the site increases the habitat value by providing benefits to gamebirds, songbirds, pollinators, and small mammals only if the site adheres to guidance set forth by the wildlife habitat and pollinator plan provided by the department or any other gamebird, songbird, or pollinator foraging-friendly vegetation standard established by the department. An owner wishing to make a beneficial habitat claim must make the site's vegetation management plan available to the public and provide a copy of the plan to the department for review.
The department or another entity may issue a certificate of compliance to the owner of a solar site meeting the plan guidelines that the owner may use to promote its participation in the program.
HISTORY: 2018 Act No. 253 (H.4875), Section 1, eff May 25, 2018.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-10. Citation of chapter.

This chapter may be cited as the "South Carolina Marine Resources Act of 2000".
HISTORY: 1962 Code Section 28-180; 1952 Code Section 28-180; 1942 Code Section 3299; 1932 Code Section 3299; 1924 (33) 1016; 1936 (39) 1644; 1993 Act No. 181, Section 1259; 2000 Act No. 245, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-17. Flounder Population Study Program.

(A) There is established the Flounder Population Study Program to be administered by the Department of Natural Resources. The program shall study the effects of flounder catch limits and the prohibition of artificial illumination produced by motor fuel powered generators on flounder (Paralichthys species), located in the waters of Pawleys Inlet north to the northern terminus of Main Creek at Garden City Beach. For purposes of this resolution, "gigging" means using a prong, spear, or similar device, including a bow and arrow to spear a fish.
(B) During the term of the program in the area defined in subsection (A):
(1) the lawful flounder gigging and fishing catch limit is ten per day for any individual, not to exceed twenty flounder in any one day on any boat;
(2) it is unlawful to use any type of artificial illumination produced by motor fuel powered generators while gigging or fishing for flounder from a boat or while wading in the water.
(C) The program shall run for five years, beginning January 1, 2010, and ending June 30, 2014.
(D) For purposes of this section, "motor fuel" has the same meaning as defined in Section 12-28-110(39).
HISTORY: 2010 Act No. 140, Section 1, eff March 31, 2010.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-20. Jurisdiction of Department of Natural Resources.

(A) The department has jurisdiction over all saltwater fish, fishing, fisheries, and marine resources within the salt waters of this State, including the territorial sea.
(B) The department is authorized to conduct research, surveys, and other investigations to manage fish and marine resources; to provide for protection of the salt waters and the marine habitat upon which these resources are dependent; and to provide for the development of saltwater fisheries and mariculture.
(C) Except as otherwise provided, the provisions of this chapter do not apply to fish or fishing in the freshwaters of this State.
(D) The provisions of this chapter apply to all impounded waters seaward of the freshwater/saltwater dividing line which are intermittently filled or drained by the action of the tide.
(E) Impoundments seaward of the freshwater/saltwater dividing line which are naturally occurring or are not influenced by the action of the tide are freshwaters for purposes of jurisdiction of this title.
HISTORY: 1962 Code Section 28-159; 1952 Code Section 28-159; 1942 Code Section 3301; 1932 Code Section 3301; 1924 (33) 1016; 1925 (34) 225; 1952 (47) 2890; 1955 (49) 478; 1993 Act No. 181, Section 1259; 2000 Act No. 245, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-25. Powers and duties; deposit of revenues.

(A) The department shall enforce all laws for collection of revenues due this State from the saltwater fishing industries and from permitting the use of bottoms and waters.
(B) Notwithstanding any other provision of law, the department is authorized to open and maintain a financial escrow account in which funds received from violations of this chapter and proceeds of the sale of items seized pursuant to this chapter shall be deposited and held pending final adjudication of the case.
(C) All revenues, other than from fines and forfeitures, not otherwise provided for in this title derived from the regulation of saltwater fisheries shall be transmitted to the department for deposit in the department's general operating fund and shall be used by the department in support of the conservation of those fisheries. Revenues and funds so collected but not expended shall be carried forward annually and used for the same purpose. All fines and forfeitures under this chapter shall be transmitted to the department and deposited in the county game and fish fund for the county in which the offense occurred.
(D) Proceeds from sales of experimental mariculture products produced by the department shall be deposited in the state general fund to the credit of the Mariculture Research and Development Fund of the department to further encourage and promote development of the mariculture industry of this State by supporting operational research and development projects of the division and transfer of information to the mariculture industry. Funds deposited in the Mariculture Research and Development Fund shall be carried forward annually and used for the same purpose.
HISTORY: 2000 Act No. 245, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-30. Promulgation of regulations; civil offenses; penalties; suspension of permit.

(A) The department may promulgate regulations for the government of the force under its control and for the control of fisheries, not contrary to or inconsistent with the laws and policy of the State, having the force and effect of law.
(B) In promulgating regulations, the department shall consider scientific and other available information regarding:
(1) current condition and trends of the species or stocks involved;
(2) environmental factors, including water quality and climatological data;
(3) biological data, including abundance, size, and distribution of species involved;
(4) economic conditions including market value;
(5) potential impacts upon fishermen and other resource users;
(6) safety of the public and persons utilizing the resource;
(7) effects of added development, population growth, fishing pressure, and demand for the resource; and
(8) other factors pertinent to the management and wise use of fishery resources.
(C) Nothing in this section reduces the authority of the department to act under other provisions of law.
(D) Violation of a regulation is a civil offense. The department may impose a civil penalty of up to two hundred dollars or suspend the license of a person adjudicated in violation, or both.
(E) For violation of a permit condition, in addition to any statutory criminal penalty, the department may impose a civil penalty of up to five hundred dollars and suspend or revoke the permit, or both.
(F) The department may suspend or revoke a permit for violation of any conservation law.
HISTORY: 1962 Code Section 28-160; 1952 Code Section 28-160; 1942 Code Section 3308; 1932 Code Section 3308; 1924 (33) 1016; 1952 (47) 2890; 1993 Act No. 181, Section 1259; 2000 Act No. 245, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-32. Closing salt water fishing seasons, areas, or activities in emergency; notice; penalty.

(A) The department has the authority to close any commercial or recreational fishing season, area, or activity in the salt waters of this State when a natural or man-induced emergency threatens the future or present well-being of a fishery resource or its habitat in a part of or in all of the salt waters of this State.
(B) The department must use all reasonable means to give notice to the public of an emergency closure issued pursuant to subsection (A) as soon as practicable. An emergency closure notice must specify the cause of the emergency and the fishing season, area, or activity closed, and, if known, the duration of the closure.
(C) When taking emergency action under this section, the department must notify the appropriate standing committees of the Senate and the House of Representatives of its actions as soon as practicable. Supporting resource assessments, scientific documentation, and notice of action taken must be provided to the committees.
(D) During the first three days of an emergency closure instituted under this section, the department must issue only warnings for first offense, noncommercial violations of the closure.
(E) The department must monitor the situation or occurrence under which the emergency arose and must reopen the closed season, area, or activity as soon as, but only when, the threat to the resource or its habitat no longer exists.
(F) It is unlawful to possess specified saltwater fish in violation of an emergency closure. A person violating an emergency closure is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days.
HISTORY: 2002 Act No. 342, Section 3; 2012 Act No. 249, Section 3, eff June 18, 2012.
Effect of Amendment
The 2012 amendment rewrote subsection (A) and, in subsection (F), substituted "possess specified" for "take or attempt to take".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-35. Notice of opening or closing of commercial fishing season; health and environmental protection.

(A) In opening or closing any commercial fishing season pursuant to this chapter, except under the emergency closure authority provided in Section 50-5-32, the department shall give at least twenty-four hours notice of any action and shall use all reasonable means to inform the public.
(B) Except as provided in Section 50-5-955(B), nothing in this chapter alters, reduces, or amends the authority of the Department of Health and Environmental Control to regulate for public health and environmental protection.
HISTORY: 2000 Act No. 245, Section 1; 2002 Act No. 342, Section 4.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-40. Unauthorized tagging or marking and releasing of saltwater fish; penalty.

Unless authorized by the department, no person may tag or mark and release saltwater fish or promote such activity. A person who violates 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 imprisoned for not more than thirty days.
HISTORY: 1962 Code Section 28-161; 1952 Code Section 28-161; 1942 Code Section 3315; 1932 Code Section 3315; 1924 (33) 1016; 1952 (47) 2890; 1986 Act No. 540, Part II, Section 19; 1993 Act No. 181, Section 1259; 2000 Act No. 245, Section 1; 2013 Act No. 7, Section 3, eff March 22, 2013.
Effect of Amendment
The 2013 amendment, in the first sentence, moved "unless authorized by the department" from the end to the beginning of the sentence.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-45. Maintenance and publication of nonindigenous organisms list; introduction of organisms prohibited.

(A) The department shall maintain and publish a list of any species, varieties, or strains of nonindigenous organisms known or suspected to present an adverse impact to fish or marine resources of this State. The list shall include the common and scientific name and the actual or potential adverse impact of each organism.
(B) It is unlawful:
(1) to place in the salt waters of this State, or in privately owned waters directly connected to salt waters of this State, any live, fresh, or frozen whole, part, or product of any listed organism; or
(2) to sell or offer for sale as bait, any live, fresh, or frozen whole, part, or product of any listed organism.
HISTORY: 2000 Act No. 245, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 5 - Marine Resources Act › Section 50-5-50. Prosecutions for violations of chapter.

The department may prosecute for violations of this chapter for the collection of revenues due this State from the fishing industries and permitting of bottoms and waters and may employ counsel having special knowledge of the fisheries laws, fisheries, and coastal conditions to conduct the prosecutions in the inferior courts and assist the solicitor in the circuit courts and appellate courts.
HISTORY: 1962 Code Section 28-162; 1952 Code Section 28-162; 1942 Code Section 3309; 1932 Code Section 3309; 1924 (33) 1016; 1952 (47) 2890; 1972 (57) 2429; 1993 Act No. 181, Section 1259; 2000 Act No. 245, Section 1.