reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-90. Hunting, fishing, or trapping without consent on lands of others; penalties.

If any person, at any time whatsoever, shall hunt or range on any lands or shall enter thereon, for the purpose of hunting, fishing, or trapping, without the consent of the owner or manager thereof, such person shall be guilty of a misdemeanor and, upon conviction thereof, shall, for a first offense, be fined not more than five hundred dollars or imprisoned for not more than thirty days, for a second offense, be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days and, for a third or subsequent offense, be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned for not more than six months or both. The magistrates court has concurrent jurisdiction to hear first and second offenses under this section. A first or second offense prosecution resulting in a conviction shall be reported by the magistrate or city recorder hearing the case to the communications and records division of the South Carolina Law Enforcement Division which shall keep a record of such conviction so that any law enforcement agency may inquire into whether or not a defendant has a prior record. Only those offenses which occurred within a period of ten years, including and immediately preceding the date of the last offense, shall constitute prior offenses within the meaning of this section.
HISTORY: 1962 Code Section 28-8; 1952 Code Section 28-8; 1942 Code Section 1758; 1932 Code Section 1779; Cr. C. '22 Section 756; Cr. C. '12 Section 730; Cr. C. '02 Section 542; G. S. 1689; R. S. 422; 1769 (4) 310; 1905 (24) 906; 1976 Act No. 742 Section 2; 1979 Act No. 62 Section 1A; 1993 Act No. 181, Section 1257; 2014 Act No. 250 (S.986), Section 1, eff June 6, 2014.
Effect of Amendment
2014 Act No. 250, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-100. Repealed by 2010 Act No. 200, Section 15, eff May 28, 2010.

Editor's Note
Former Section 50-1-100 was entitled "Fishing or hunting on banks of navigable stream without landowner's permission" and was derived from 1962 Code Section 28-8.1; 1952 (47) 2179; 1993 Act No. 181, Section 1257.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-110. Disposition of game and fish unlawfully caught, taken, or killed.

Wildlife unlawfully taken, shipped, or received for shipment, or found in the possession or under control of a person, which comes into the possession of the department and wildlife legally taken which comes into possession of the department may be disposed of in the discretion of the department. No wildlife coming into the possession of the department may be transferred to or used by a department employee or member of his family for personal use.
HISTORY: 1962 Code Section 28-9; 1952 Code Section 28-9; 1942 Code Sections 1763, 1770-4, 1780-2; 1932 Code Sections 1785, 1809; Cr. C. '22 Sections 767, 779; Cr. C. '12 Sections 750, 762; 1907 (25) 662; 1910 (26) 576; 1911 (27) 126; 1935 (39) 170; 1952 (47) 2179; 1990 Act No. 355, Section 1; 1993 Act No. 181, Section 1257.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-125. Wildlife defined; penalties for trafficking in wildlife.

Wildlife, as used in this section, means a wild animal, bird, reptile, amphibian, fish, mollusk, crustacean, or other wild animal, or product, egg, offspring, or the dead body parts of the wildlife.
A person illegally buying, selling, trading, trafficking, or bartering any wildlife, upon conviction, must be punished as follows:
(1) For the first offense, if the money or other consideration exchanged for the wildlife is of a value of two hundred dollars or less, the penalty must be a fine of not more than two hundred dollars or imprisonment for no more than thirty days.
(2) For the first offense, if the money or other consideration exchanged for the wildlife is of a value of more than two hundred dollars, the penalty must be a fine of not less than five hundred dollars nor more than five thousand dollars or imprisonment for not less than thirty days nor more than one year, or both. In addition, the person convicted shall lose his hunting and fishing privileges for one year from the date of conviction.
(3) For a second offense, within three years of the first offense, the fine must be not less than one thousand dollars nor more than five thousand dollars or imprisonment for not less than thirty days nor more than one year. In addition to this penalty, the person shall lose his hunting and fishing privileges for three years.
(4) For a third or subsequent offense, within three years of the last previous conviction, the fine must be five thousand dollars, no part of which may be suspended, or imprisonment for one year, or both. In addition to this penalty, the person shall lose his hunting and fishing privileges for three years from the date of conviction.
HISTORY: 1988 Act No. 454, Section 1; 1993 Act No. 181, Section 1257.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-130. General penalties.

Unless a different penalty is specified, any person who violates a provision of this title 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 less than ten days nor more than thirty days.
HISTORY: 1962 Code Section 28-11; 1952 Code Section 28-11; 1942 Code Section 1764; 1932 Code Sections 1752, 1755; Cr. C. '22 Sections 734, 738; 1919 (31) 269; 1920 (31) 732; 1927 (35) 284; 1933 (38) 437; 1952 (47) 2179; 1987 Act No. 176, Section 10A; 1993 Act No. 181, Section 1257.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-135. Effect of forfeiture of bail, guilty plea, or plea of nolo contendere for violation of fish and game laws.

The entry of any plea of guilty, the forfeiture of any bail posted, or the entry of plea of nolo contendere for a violation of the fish and game laws of this State has the same effect as a conviction. In any case where bail is posted by the defendant, no forfeiture of bail becomes effective until ten days following the date of arrest nor may the defendant be required to plead prior to the elapse of the ten-day period. The provisions of this section may not be construed to prohibit a defendant from voluntarily entering a plea or forfeiting bail within the ten-day period.
HISTORY: 1984 Act No. 358; 1993 Act No. 181, Section 1257.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-136. Penalties for conspiracy.

(A) Notwithstanding the provisions of Section 16-17-410 a person who conspires to violate any provision of the game and fish laws of this State or other provision of Title 50, except the provisions of the Federal Migratory Bird Treaty Act or its regulations is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(B) A person who conspires to violate two or more provisions of the game and fish laws of this State or other provision of Title 50, except the provisions of the Federal Migratory Bird Treaty Act or its regulations is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than one year, or both.
(C) In addition to the criminal penalty, a person convicted under this section shall have his privilege to hunt or fish either recreationally or commercially revoked for one year.
HISTORY: 1984 Act No. 483; 1993 Act No. 184, Section 245; 1993 Act No. 181, Section 1257.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-137. Impeding or obstructing hunting, trapping, fishing, or harvesting of marine species unlawful; penalty.

It is unlawful for a person wilfully to impede or obstruct another person from lawfully hunting, trapping, fishing, or harvesting marine species. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished as provided by Section 50-1-130. In addition to the criminal penalty, any person convicted must have his privilege to hunt, trap, fish, or harvest marine species recreationally or commercially revoked for one year.
HISTORY: 1987 Act No. 30, Section 1; 1993 Act No. 181, Section 1257.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-140. Receiving portion of fine imposed for violation of game and fish laws.

It shall be unlawful for any enforcement officer or any person to receive any portion of a fine imposed by any court for the violation of the game and fish laws of the State.
HISTORY: 1962 Code Section 28-12; 1952 Code Section 28-12; 1942 Code Section 1766; 1934 (38) 1415; 1952 (47) 2179; 1993 Act No. 181, Section 1257.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-160. Release of seized property to innocent owner or lienholder.

(A) Notwithstanding another provision of law, the department may release a vehicle, boat, motor, or fishing device seized from a person charged with a violation of this title to an innocent owner or lienholder of the property.
(B) Notwithstanding another provision of law, if an innocent owner or lienholder fails to recover property within thirty days from the date of the notice of release then the department may maintain or dispose of the property.
(C) Before seized property is released to an innocent owner or lienholder, he shall provide the department with proof of ownership or a lienholder interest in the property.
HISTORY: 2012 Act No. 114, Section 1, eff July 1, 2012; 2012 Act No. 245, Section 2, eff July 1, 2012.
Editor's Note
Prior Laws: Former Section 50-1-160 was entitled "Disposition of portion of nonresident hunters' license fees" and was derived from 1962 Code Section 28-14; 1961 (52) 439; 1972 (57) 2431; 1993 Act No. 181, Section 1257; repealed by 2010 Act No. 233, Section 13.
Effect of Amendment
The 2012 amendment in subsection (A) substituted "title" for "chapter".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-180. Consent of General Assembly to Congressional rulemaking.

The consent of the General Assembly is hereby given to the making by the Congress of the United States, or under its authority, of all such rules and regulations as the Federal Government shall determine to be needful in respect to game animals, game birds and nongame birds and fish on such lands in this State as shall have been, or may hereafter be, purchased by the United States under the terms of the act of Congress of March 1, 1911, entitled "An Act to Enable any State to Cooperate with any other State or States, or with the United States for the Protection of the Watersheds of Navigable Streams and to Appoint a Commission for the Acquisition of Lands for the Purpose of Conserving the Navigability of Navigable Rivers" (36 United States Statutes at large, page 961) and acts of Congress supplementary thereto and amendatory thereof.
HISTORY: 1962 Code Section 28-41; 1952 Code Section 28-41; 1942 Code Section 1761; 1937 (40) 203; 1940 (41) 1841; 1952 (47) 2179; 1993 Act No. 181, Section 1257.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-190. Agreements with United States respecting wildlife of national forest lands.

The department may enter into a cooperative agreement with the United States Government, or with the proper authorities thereof, for the protection and management of the wildlife resources of the national forest lands within the State and for the restocking of such lands with desirable species of game, birds and other animals and fish.
HISTORY: 1962 Code Section 28-42; 1952 Code Section 28-42; 1942 Code Section 1761; 1937 (40) 203; 1940 (41) 1841; 1952 (47) 2179; 1972 (57) 2431; 1993 Act No. 181, Section 1257.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-200. Powers of department over national forest lands.

The department may close all hunting and fishing within such lands so contracted for with the Federal Government for such period of time as may, in the opinion of the department, be necessary. The department may from time to time prescribe the season for hunting and fishing therein, fix the amount of fees required for special hunting and fishing licenses and issue such licenses, prescribe the number of animals and game, fish and birds that may be taken therefrom and the size thereof and prescribe the conditions under which they may be taken.
HISTORY: 1962 Code Section 28-43; 1952 Code Section 28-43; 1942 Code Section 1761; 1937 (40) 203; 1940 (41) 1841; 1944 (43) 1190; 1952 (47) 2179; 1993 Act No. 181, Section 1257.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-210. Violation of department rules pertaining to national forest lands.

Any person violating any of the regulations promulgated by the department or who hunts or fishes upon the lands at any time, other than those times specified by the department, must, upon conviction of the violations, be fined not more than two hundred dollars or imprisoned for not more than thirty days for each and every offense.
HISTORY: 1962 Code Section 28-44; 1952 Code Section 28-44; 1942 Code Section 1761; 1937 (40) 203; 1940 (41) 1841; 1952 (47) 2179; 1985 Act No. 68 Section 5; 1993 Act No. 181, Section 1257.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-220. Application of Sections 50-1-180 to 50-1-220 to other federal or state lands.

The provisions of Sections 50-1-180 to 50-1-220 shall also apply to (a) other properties of the United States Government, (b) any other properties acquired or to be acquired from the United States Government by the State, or (c) any other lands or waters purchased by the United States or the State. But hunting and fishing shall not be allowed on any lands under the control or ownership of the State Commission of Forestry except by written agreement with that Commission. Nothing contained in such sections shall interfere in any manner with the use and management of lands by a state agency in charge of such lands in the functions of such agency as authorized by law.
HISTORY: 1962 Code Section 28-45; 1952 Code Section 28-45; 1942 Code Section 1761; 1937 (40) 203; 1940 (41) 1841; 1944 (43) 1190; 1952 (47) 2179; 1993 Act No. 181, Section 1257; 2022 Act No. 230 (H.3055), Section 2.C, eff June 17, 2022.
Effect of Amendment
2022 Act No. 230, Section 2.C, in the first sentence, substituted "50-1-220" for "50-1-230", and made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-240. Assent to act of Congress providing aid for wildlife restoration projects; implementation of act.

The State hereby assents to the provisions of the act of Congress entitled "An Act to Provide that the United States Shall Aid the States in Wildlife Restoration Projects, and for Other Purposes," approved September 2, 1937 (Public Law No. 415, 75th Congress), and acts supplementary thereto or amendatory thereof, and the department shall perform such acts as may be necessary to the conduct and establishment of cooperative wildlife restoration projects, as defined in such act of Congress, in compliance with such act and with rules and regulations promulgated by the Secretary of Agriculture thereunder.
HISTORY: 1962 Code Section 28-47; 1952 Code Section 28-47; 1942 Code Section 1762; 1938 (40) 1763; 1939 (41) 531; 1952 (47) 2179; 1972 (57) 2431, 2441; 1993 Act No. 181, Section 1257.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-250. Acquiring rights of way to certain waters for public use.

The department may contract with owners of land contiguous to the Catawba River and its tributaries for rights of ingress and egress to such waters over and upon such lands for the use of the public who wish to go lawfully upon said stream and waters. Such rights of way shall be leased for such terms as the landowners and the department shall agree upon and compensation for them, if need be, may be paid from the game fund of York County. The purpose of this provision is to make sure that the public have reasonable access to the waters above referred to.
HISTORY: 1962 Code Section 28-141; 1952 Code Section 28-141; 1951 (47) 76; 1993 Act No. 181, Section 1257.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-260. Vandalizing property seized by department.

It is unlawful to vandalize, tamper with, or enter on or into watercraft, vehicles, devices, or pieces of equipment seized and held as required or permitted by law by the department. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than thirty days. Magistrates have jurisdiction of violations of this section. The department shall attach a notice to each unit of impounded property stating the prohibition and the penalties for violations.
HISTORY: 1988 Act No. 452, Section 2; 1993 Act No. 181, Section 1257.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-270. Liability for gross destruction or injury to wildlife, aquatic life, endangered or threatened species, or state lands or waters.

(A) A person or public or private entity is liable to the State for the unlawful gross destruction of or injury to wildlife, aquatic life, endangered or threatened species, or the lands or waters owned by the State. For a deliberate or grossly negligent act, the State must be awarded damages of three times the value of the resource affected, plus costs, including attorney's fees. Monies paid in satisfaction of these claims must be used to restore, replenish, or enhance wildlife, aquatic life, endangered or threatened species, or the lands or waters owned by the State. For purposes of this section, the injury or damages must be caused by other than pollution.
(B) The department is the agency primarily responsible for the enforcement and implementation of this section. Other state agencies and governmental entities shall cooperate with the department in an effort to investigate the causes of the destruction or injury and shall assist in collecting the appropriate damages.
(C) This section does not apply to ordinary agricultural practices.
HISTORY: 1992 Act No. 397, Section 1; 1993 Act No. 181, Section 1257.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-280. Nongame Wildlife and Natural Areas Fund.

(A) The State Treasurer shall credit the total amount transferred by the South Carolina Department of Revenue pursuant to Section 12-6-5060 to the Nongame Wildlife and Natural Areas Fund established in this section.
(B) There is established a special fund to be known as the "Nongame Wildlife and Natural Areas Fund" consisting of all monies transferred to it under this section, donations to the Nongame and Endangered Species or Heritage Trust Programs of the department, and all interest earned in the fund.
(C) All balances in the Nongame Wildlife and Natural Areas Fund must be carried forward each year so that no part of the fund reverts to the general fund of the State.
(D) The department may expend monies held in the Nongame Wildlife and Natural Areas Fund in furtherance of its Nongame and Endangered Species Programs, Heritage Trust Programs, and for related educational projects and programs.
(E) Revenues produced pursuant to Section 12-6-5060 are supplemental and are in no way intended to take the place of funding that would otherwise be appropriated for these purposes.
HISTORY: 1995 Act No. 76, Section 7.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-285. Admissibility of photographs; authentication.

In any prosecution for a violation of state fish, game, wildlife, or natural resources laws, photographs of either wildlife or fish alleged to have been taken, possessed, sold, transported, or imported illegally are considered competent evidence of the wildlife or fish and are admissible if properly authenticated in any proceeding of the case to the same extent as if the wildlife or fish had been introduced as evidence. The photographer shall affix his signature and the date to the back of each photograph for identification purposes. When the photograph is so identified, is authenticated, and is admitted, it shall constitute substantive evidence.
HISTORY: 1997 Act No. 21, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-290. Unlawful to buy, sell, or possess for sale protected native wildlife; penalty.

It is unlawful to buy, sell, trade, or barter or offer for sale or offer to buy any protected wild mammals and birds or parts of mammals or birds except as specifically allowed by this title. Except as otherwise provided by law, this section shall not apply to the sale of rabbits and grey squirrels taken during the legally established seasons. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars and not more than five hundred dollars or imprisoned up to thirty days.
HISTORY: 1997 Act No. 147, Section 1.
Code Commissioner's Note
At the direction of the Code Commissioner, "as otherwise provided by law" was substituted for the reference to Section 50-11-170 at the beginning of the second sentence.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-295. Removing or defacing buoys marking areas or bottoms; penalty.

A person removing, defacing, injuring, or otherwise disturbing signs, buoys, or other devices used by the department in marking areas or bottoms or used by department permittees for marking permitted areas or who injures or destroys any departmental real or personal property in either fresh or salt water or adjacent wetlands, is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
HISTORY: 2000 Act No. 245, Section 16.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 1 - General Provisions › Section 50-1-310. Mitigation Trust Fund.

(A) The Mitigation Trust Fund of South Carolina is created for the purposes of receiving gifts, grants, contributions, and other proceeds for mitigation projects in the State. The Board of Trustees for the Mitigation Trust Fund is the Chairman and the members of the South Carolina Department of Natural Resources Board with full authority over the administration of the funds deposited in 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.
(B) The Mitigation Trust Fund may receive appropriations of state general funds, federal funds, donations, gifts, bond-issue receipts, securities, and other monetary instruments of value. Reimbursement for monies expended from this fund must be deposited in this fund. Funds received through sale, exchange, or otherwise, of products of the property including, but not limited to, timber and utility easement rights, accrue to the Mitigation Trust Fund. Funds recovered for losses or damages to natural resources must be deposited to the Mitigation Trust Fund to be used first for restoration in the areas affected and then as provided in subsection (C) of this section.
(C) The income received and accruing from the fund must be spent only for the acquisition, restoration, enhancement, or management of property for mitigation for adverse impacts to natural resources.
(D) The Trustees of the Mitigation Trust Fund are authorized to disburse funds to the South Carolina Center for Birds of Prey to fund construction of the Avian Conservation Center in Charleston County.
(E) The proceeds from this fund may be carried forward from year to year and do not revert to the general fund of the State.
HISTORY: 2004 Act No. 261, Section 13.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 2 - Forest Management Protection Act › Section 50-2-30. Definitions.

(A) A forestry operation is an area where forest management activities are conducted for the production of timber resources for wood products or providing wildlife habitat, outdoor recreation, or other environmental values. A forestry operation inherently includes lengthy periods between forest management activities and shall be deemed continuously operating so long as the operation supports an actual or developing forest.
(B) Forest management activities include, but are not limited to, timber harvest, site preparation, controlled burning, tree planting, applications of fertilizers, herbicides, and pesticides, weed control, animal damage control, fire control, insect and disease control, forest road construction, and any other generally accepted forestry practices.
HISTORY: 2000 Act No. 316, Section 2.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 2 - Forest Management Protection Act › Section 50-2-50. Forestry operation as nuisance; established date of operation; local ordinance making forestry operation nuisance null and void.

(A) No established forestry operation is or may become a nuisance, private or public, if the forestry operation adheres to best management practices as promulgated by the South Carolina Forestry Commission. This section does not apply whenever a nuisance results from the negligent, improper, or illegal operation of a forestry operation.
(B) For the purposes of this chapter, the established date of operation is the date on which the forestry operation commenced operation. If the operation is expanded subsequently or new technology adopted, the established date of operation for each change is not a separately and independently established date of operation and the commencement of the expanded operation does not divest the forestry operation of a previously established date of operation.
(C) An ordinance of a county or municipality that makes a forestry operation following best management practices as promulgated by the South Carolina Forestry Commission a nuisance or providing for abatement as a nuisance in derogation of this chapter is null and void. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of a forestry operation.
HISTORY: 2000 Act No. 316, Section 2.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-10. Former Wildlife and Marine Resources Department transferred to Department of Natural Resources.

The head and governing board of the former South Carolina Wildlife and Marine Resources Department as it was constituted before the effective date of this section shall become the board of the Department of Natural Resources until the terms of its current members expire and until their successors are appointed and qualify pursuant to the provisions of Chapter 4 of Title 48.
HISTORY: 1962 Code Section 28-93; 1952 (47) 1692, 2890; 1972 (57) 2431, 2749; 1980 Act No. 369, Section 1; 1991 Act No. 248, Section 6; 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 50-3-80. Investigations; reports and recommendations.

The department shall continuously investigate the game and fish conditions of the State and the laws relating thereto. It shall annually make report of its activities to the General Assembly and recommend legislation and other action by the General Assembly in its judgment conducive to the conservation of wildlife.
HISTORY: 1962 Code Section 28-105; 1952 Code Section 28-105; 1942 Code Section 1755; 1935 (39) 478; 1952 (47) 2890; 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 50-3-90. Conducting game and fish cultural operations and investigations; sampling fish populations.

The authorized agents of the department may conduct game and fish cultural operations and scientific investigations in such manner, places, and at such times as are considered necessary and may use whatever methods are deemed advisable for sampling fish populations. No such operations and investigations shall be made upon private lands and waters except at the request of the owner or owners of such lands and waters.
HISTORY: 1962 Code Section 28-106; 1954 (48) 1765; 1993 Act No. 181; 2022 Act No. 230 (H.3055), Section 2.D, eff June 17, 2022.
Effect of Amendment
2022 Act No. 230, Section 2.D, in the second sentence, deleted "Such operations and investigations shall be conducted only at the request of and with the permission from the board, and" from the beginning, and made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-100. Acquisition, sale or other disposition of real property for game reserves, fish ponds, or other related purposes.

The department may acquire, own, sell, lease, exchange, transfer or rent real property, alone or in cooperation with agencies of the federal government, for the purpose of providing game reserves, fish ponds, game farms, fish hatcheries, public hunting and fishing grounds and for other purposes necessary and proper for the protection, managing or propagating of fish and game and furnishing the people of the State with hunting areas and fishing facilities. Only funds or revenues of the department not essential to its normal operation may be used for such purposes. Funds made available by appropriation, allotment or donation to the Department for such purposes by the federal government and its agencies or by other governmental or private agencies may be used to carry out the provisions of this section.
HISTORY: 1962 Code Section 28-107; 1957 (50) 51; 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 50-3-110. Supervision of enforcement officers; enforcement of laws.

The department shall have charge of the enforcement officers of the Natural Resources Law Enforcement Division of the department and exercise supervision over the enforcement of the laws of the State, regulatory, tax, license or otherwise, in reference to birds, nonmigratory fish, game fish, shellfish, shrimp, oysters, and fisheries.
HISTORY: 1962 Code Section 28-108; 1952 Code Section 28-112; 1942 Code Section 1751; 1932 Code Section 3285; Cr. C. '22 Section 764; Cr. C. '12 Section 747; 1910 (26) 575; 1919 (31) 101; 1920 (31) 809; 1930 (36) 1219; 1952 (47) 2890; 1993 Act No. 181, Section 1258; 1998 Act No. 339, Section 1; 2022 Act No. 230 (H.3055), Section 2.E, eff June 17, 2022.
Effect of Amendment
2022 Act No. 230, Section 2.E, substituted "Natural Resources Law Enforcement Division" for "Natural Resources Enforcement Division" and deleted "oyster leases," following "oysters,".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-120. Wildlife law-enforcement personnel designated as enforcement officers.

Notwithstanding any other provision of law, all law-enforcement personnel of the department are hereby designated enforcement officers with all the power and authority now possessed by game wardens, conservation officers, and inspectors as provided for in Chapters 1 through 19 of this title.
HISTORY: 1962 Code Section 28-109; 1967 (55) 719; 1972 (57) 2431; 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 50-3-130. Uniforms and emblems of enforcement officers of Natural Resources Law Enforcement Division.

The department shall prescribe a unique and distinctive official uniform, with appropriate insignia to be worn by all uniformed enforcement officers of the Natural Resources Law Enforcement Division of the department when on duty and at such other times as the board shall order, and a distinctive color or colors and appropriate emblems for all motor vehicles used by such officers. No other law enforcement agency, private security agency, or any person shall wear a similar uniform and insignia which may be confused with the uniform and insignia of the enforcement officers nor shall any emblem be used on a motor vehicle nor shall it be painted in a color or in any manner which would cause the vehicle to be similar to an enforcement officer's vehicle or readily confused therewith.
HISTORY: 1978 Act No. 456 Art. 2 Section 1; 1993 Act No. 181, Section 1258; 2022 Act No. 230 (H.3055), Section 2.F, eff June 17, 2022.
Effect of Amendment
2022 Act No. 230, Section 2.F, in the first sentence, substituted "The department" for "The board" and "Natural Resources Law Enforcement Division" for "Natural Resources Enforcement Division", and made a nonsubstantive change in the second sentence.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-140. Repealed.

HISTORY: Former Section, titled Publication of description of uniforms and emblems, had the following history: 1978 Act No. 456 Art. 2, Section 2; 1993 Act No. 181, Section 1258. Repealed by 2023 Act No. 37, Section 1, eff May 16, 2023.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-150. Use of present uniforms and motor vehicles.

In order to carry out the provisions of Sections 50-3-120 to 50-3-160 in an orderly and economical manner it is intended that all serviceable uniforms be continued in use until such time as the board deems it necessary for them to be replaced. These provisions shall also apply to the emblems for motor vehicles.
HISTORY: 1978 Act No. 456, Art. 2, Section 3; 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 50-3-160. Injunctions.

Any violation of Sections 50-3-130 to 50-3-160 may be enjoined by the court of common pleas upon petition of the department after due notice to the person violating the provisions of Sections 50-3-130 to 50-3-160 and after a hearing on the petition.
HISTORY: 1978 Act No. 456, Art. 2, Section 4; 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 50-3-170. Quarterly reports on county fish and game funds and watercraft funds.

The board shall file a quarterly report to each member of the General Assembly explaining the status of each county fish and game fund and watercraft fund, to include total funds for each county and an itemized list of expenditures for the past quarter.
HISTORY: 1981 Act No. 94, Section 16A; 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 50-3-180. Mitigation Trust Fund.

(A) The Mitigation Trust Fund of South Carolina is credited for the purposes of receiving gifts, grants, contributions, and other proceeds for mitigation projects in the State. The Board of Trustees for the Mitigation Trust Fund is the chairman and the members of the South Carolina Department of Natural Resources Board with full authority over the administration of the funds deposited in 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.
(B) The Mitigation Trust Fund may receive appropriations of state general funds, federal funds, donations, gifts, bond issue receipts, securities, and other monetary instruments of value. Reimbursement for monies expended from this fund must be deposited in this fund. Funds received through sale, exchange, or otherwise, of products of the property including, but not limited to, timber and utility easement rights, accrue to the Mitigation Trust Fund. Funds recovered for losses or damages to natural resources must be deposited to the Mitigation Trust Fund to be used first for restoration in the areas affected and then as provided in subsection (C) of this section.
(C) The income received and accruing from the fund must be spent only for the acquisition, restoration, enhancement, or management of property for mitigation for adverse impacts to natural resources.
(D) The proceeds from this fund may be carried forward from year to year and do not revert to the general fund of the State.
HISTORY: 1996 Act No. 458, Part II, Section 66A; 1998 Act No. 419, Part II, Section 43A.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-190. Statewide Waterfowl Program Manager; duties; requirements.

(A) The Chief of Wildlife shall establish a Statewide Waterfowl Program Manager within the Wildlife and Freshwater Fisheries Division. The Waterfowl Program Manager shall:
(1) manage all aspects of the waterfowl and wetland management program where management is directed toward the requirements of native and migratory waterfowl and their allies;
(2) manage the conservation and management of waterfowl habitat that is titled or licensed to the department and ensure the successful utilization of this acreage for the benefit of waterfowl, waterfowl hunters, and other waterfowl enthusiasts;
(3) supervise all waterfowl management activities conducted by staff and contractors for such areas;
(4) coordinate with regional personnel on waterfowl management activities on regional wildlife management areas; and
(5) undertake all other duties as necessary to successfully conserve and manage waterfowl habitat.
(B) The Waterfowl Program Manager must have:
(1) a four-year bachelor's degree from an accredited postsecondary institution;
(2) at least seven years of experience in waterfowl and wetlands management;
(3) a high level of knowledge of waterfowl and wetland management techniques in the Southeast or Atlantic Flyway;
(4) specialized knowledge and experience in coastal ecology, impoundment management, and the ecological principles of water control;
(5) experience in waterfowl resource and habitat data collection and assessment;
(6) a fundamental understanding of federal and state waterfowl hunting rules and regulations; and
(7) the ability to work with the general population and provide clear, concise, and technically accurate presentations and written reports to division leaders, agency executive level staff, the Department of Natural Resources Board, and members of the General Assembly when required.
(C) The department may contract with a qualified individual or entity to assist the Waterfowl Program Manager in providing the services and fulfilling the responsibilities required by the provisions of this section.
HISTORY: 2022 Act No. 147 (H.4177), Section 1, eff July 1, 2022.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-195. Waterfowl Advisory Committee established; membership.

(A) The Waterfowl Advisory Committee is established to assist in the management of waterfowl habitats, assist in the development, protection, and propagation of waterfowl in this State, assist in prioritizing the expenditures of monies to accomplish this purpose, and review the activities of the Waterfowl Program Manager of the department. The committee consists of the following members who serve for a four-year term with a limit of two consecutive terms:
(1) one member of the Board of the Department of Natural Resources appointed by the Chairman of the Board of the Department of Natural Resources, serving ex officio and without voting privileges;
(2) one at-large member appointed by the Governor;
(3) one member appointed by the Chairman of the Senate Finance Committee;
(4) one member appointed by the Chairman of the House Ways and Means Committee;
(5) one member appointed by the Chairman of the Senate Fish, Game and Forestry Committee; and
(6) one member appointed by the Chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee.
(B) The members of the committee shall receive no salary but must be allowed the usual mileage, subsistence, and per diem as authorized by law for commissions, committees, and boards paid from the revenues generated by the sale of stamps, licenses, prints, and related articles.
(C) Vacancies must be filled for the remainder of the unexpired term in the manner of the original appointment.
(D) The committee shall make a report of its findings, activities, and long-term plans to the General Assembly by December thirty-first of each year.
HISTORY: 2022 Act No. 147 (H.4177), Section 2.A, eff July 1, 2022.
Editor's Note
2022 Act No. 147, Section 2.B, provides as follows:
"[SECTION 2.]B. In order to stagger the terms of the members of the Waterfowl Advisory Committee, the initial terms of the members appointed by the Charimen of the Senate Fish, Game and Forestry Committee and the House Agriculture, Natural Resources and Environmental Affairs Committee are for two years. The initial terms of these members must not be counted for purposes of the two-term limit in Section 50-3-195(A)."
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-310. Appointment of enforcement officers; commissions; removal.

The director shall appoint the enforcement officers of the Natural Resources Enforcement Division, subject to their receiving a commission from the Governor. An enforcement officer shall be issued a commission by the Governor upon the recommendation of the director. An enforcement officer may be removed by the director at his discretion.
HISTORY: 1962 Code Section 28-121; 1952 Code Section 28-121; 1942 Code Section 1752; 1932 Code Section 3286; Cr. C. '22 Section 765; Cr. C. '12 Section 748; 1907 (25) 662; 1920 (31) 809; 1922 (32) 763; 1928 (35) 1195; 1930 (36) 1219; 1934 (38) 1210; 1935 (39) 378; 1939 (41) 170; 1944 (43) 2316; 1947 (45) 320; 1952 (47) 2890; 1972 (57) 2431; 1987 Act No. 103 Section 1; 1993 Act No. 181, Section 1258; 1998 Act No. 339, Section 2.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-315. Deputy enforcement officers.

(A) The director may appoint deputy enforcement officers who serve at the pleasure of the director without pay. The officers have statewide police power. However, the director may restrict their territorial jurisdiction. No person may be appointed as an officer who holds another public office. The Secretary of State shall transmit to the director the commissions of all officers.
(B) Except for specially designated department employees, deputy enforcement officers are volunteers covered by Chapter 25, Title 8 and not employees entitled to coverage or benefits in Title 42.
(C) Except for specially designated department employees, deputy enforcement officers shall furnish their own equipment but may not equip privately owned vehicles with blue lights, sirens, or police-type markings.
(D) Deputy enforcement officers must be of good character.
(E) The department shall administer the deputy enforcement officers through its Natural Resources Enforcement Division.
(F) The number of deputy enforcement officers appointed is in the discretion of the director.
(G) All deputy enforcement officers:
(1) must be certified by the South Carolina Criminal Justice Academy or successfully shall complete the "Basic State Constables Course" at their own expense at one of the state technical schools;
(2) successfully shall complete required refresher training;
(3) promptly shall comply with all directives by the Deputy Director of the Natural Resources Enforcement Division and the supervisor of enforcement officers within whose area the officer is acting.
HISTORY: 1980 Act No. 348; 1989 Act No. 189, Part II, Section 27; 1992 Act No. 472, Section 1; 1993 Act No. 181, Section 1258; 1996 Act No. 388, Section 1; 2016 Act No. 216 (S.1205), Section 1, eff June 3, 2016; 2022 Act No. 230 (H.3055), Section 2.G, eff June 17, 2022.
Effect of Amendment
2016 Act No. 216, Section 1, in (A), deleted the former last sentence, relating to the bonds required by Section 50-3-330.
2022 Act No. 230, Section 2.G, in (B), substituted "Chapter 25, Title 8" for "Chapter 25 of Title 8"; and deleted (H), which related to the department by regulation establishing a training program for deputy enforcement officers commissioned after July 1, 1980.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-316. Criteria for hiring enforcement officers.

In employing enforcement officers, the department shall use the criteria as required by the Office of Human Resources and the department. The criteria must include, but are not limited to, a written examination, physical examination, and interview. Each applicant is required to perform at minimal levels as required by the Office of Human Resources and the department. The department shall employ the most qualified applicants. An enforcement officer must reside within the county in which he is assigned, provided that the director, in his discretion, may allow an officer to reside outside the county under special hardship circumstances.
HISTORY: 1986 Act No. 502, Part II, Section 8; 1993 Act No. 181, Section 1258; 1996 Act No. 458, Part II, Section 45A; 2006 Act No. 311, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 3 - Department Of Natural Resources › Section 50-3-320. Transmittal and delivery of commissions of enforcement officers.

The Secretary of State shall transmit to the department the commissions of all enforcement officers and the director shall deliver such commissions to the enforcement officers only after the enforcement officers have filed oaths as required by Section 50-3-330.
HISTORY: 1962 Code Section 28-132; 1952 Code Section 28-132; 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.H, eff June 17, 2022.
Effect of Amendment
2022 Act No. 230, Section 2.H, substituted "the department" for "the board" and deleted "and bonds" following "filed oaths".