Sources: Code of Laws of South Carolina, 1976, Title 50; 1992 Replacement Volume.
STATE WILDLIFE POLICY
All wild birds, wild game, and fish, except fish in strictly private ponds and lakes and lakes entirely segregated from other waters or held and grown in aquaculture operations, are state property (50-1-10).
PROTECTED SPECIES OF WILDLIFE
Game bird species for which no specific open season has been provided are protected and may not be shot, trapped, destroyed nor may such be attempted at any time. The Department may prescribe an open season for the taking of exotic game birds, and prescribe areas, sex of birds and taking methods for any zone in which these species become numerous enough to be harvested. Areas not specifically open to hunting are closed. Taking or possessing exotic game birds illegally or taking in any way not prescribed by the Department is a misdemeanor, with a $50-100 fine, or jail for 15-30 days. These provisions apply to ruffed grouse (50-11-810).
It is unlawful to: kill, catch, possess or sell a resident or migratory wild bird other than a game bird except as otherwise permitted; sell or possess for sale the plumage, skin or body of a protected bird whether caught within or without the state; take, destroy or possess the nest or eggs of a wild bird except for scientific purposes; ship, carry or transport a resident or migratory wild nongame bird; shoot, kill or maim an Antwerp or homing pigeon (misdemeanor; up to $10 fine; or jail up to 10 days); molest or kill a bird of prey, including hawks, eagles, falcons, kites, vultures, owls and ospreys (misdemeanor; $25-100 fine; or jail up to 30 days); catch, capture or kill a banded homing, racing or carrier pigeon (misdemeanor; up to $200 fine; or jail up to 30 days) (50-11-820 through - 853).
The Commission shall conduct investigations on nongame wildlife to develop information about population, distribution, habitat, needs, limiting factors, and other biological and ecological data to determine management measures necessary for their continued ability to sustain themselves successfully, and shall develop such management programs. Regulations shall name the species or subspecies of nongame wildlife in need of management. Ongoing investigations shall be conducted to amend such regulations periodically to add or delete species of nongame wildlife. The Commission by regulation shall establish proposed limitations on taking, possession, processing, sale or shipment necessary to manage nongame wildlife, to become effective 60 days after public hearing and comment opportunities are afforded. It is unlawful to take, possess, transport, export, process, sell or ship wildlife in need of management except as otherwise provided, or for common carriers knowingly to accept such nongame wildlife for shipment (50-15-30).
The Commission shall by regulation propose a list of indigenous species determined to be endangered within the state, allow public comment on the proposed list, and may add to or delete species from the list after review at least every two years. It is unlawful, except as otherwise provided, to take, possess, transport, export, sell or ship, or for a common carrier to do so, any species or subspecies of wildlife on the state indigenous endangered species list, or the US lists of native or foreign endangered species as modified, except that listed wildlife which are transported through may enter and exit the state under the terms/permits of federal or other state regulations. The Commission may accept modifications to the federal lists as binding by regulation after scientific determination of their endangered status (50-15-40).
Violation of endangered species provisions is a misdemeanor, with a fine up to $500 and/or jail up to six months. Illegal taking, possession, transport, export or shipment of endangered species contrary to 50-15-40(c), or permits issued under 50-15-50(d) and 50-15-50(e), or regulations promulgated is a misdemeanor, with a $1,000 fine and/or jail up to one year. Wardens or state police officers shall have authority to conduct searches and execute warrants to search for and seize equipment, records or wildlife taken, used or possessed in violation of an endangered species provisions, and may arrest without warrant a person they have probable cause to believe is violating such provision or regulation or permit. Seized equipment, merchandise or wildlife shall be confiscated and destroyed or disposed of on conviction, with seized wildlife transferred to a zoological, educational or scientific institution. Violators of regulations pertaining to illegal possession, transport or sale of parts or products of an alligator must be fined not less than $1,000-5,000, or jailed up to one year. Wildlife legally taken in another state may be possessed, transported, or sold, but unless otherwise provided, no wildlife on the US list of endangered native fish and wildlife may be possessed, transported, exported, processed, sold or shipped (50-15-80 and -90).
The Commission shall establish programs, including acquisition of land or aquatic habitat, for management of nongame and endangered wildlife, and may enter into agreements with federal or state agencies or private persons for the administration and management of areas so established. The Governor shall encourage state and federal agencies to utilize their authorities in furtherance of these purposes (50-15-50). (See also GENERAL EXCEPTIONS TO PROTECTION and ANIMAL DAMAGE CONTROL.)
HABITAT PROTECTION
The Department may enter into a cooperative agreement with the US for the protection and management of the wildlife resources of the national forest lands within the state and for restocking them with desirable species of game, birds, other animals and fish (50-1-190). The Director may close hunting and fishing on national forest lands for such time periods as are necessary, prescribe hunting and fishing seasons, set fees for special national forest licenses, and set numbers and sizes of animals that may be taken (50-1-200). Violators shall be fined up to $200; or jailed up to 30 days for each offense (50-1-210). These provisions apply to other properties acquired from the US by the state, or to other US properties within the state. Hunting and fishing shall not be allowed on lands controlled by the State Commission of Forestry except by written agreement. Nothing herein shall interfere with the use and management of lands by state agencies in charge of such lands (50-1-220).
Residents and nonresidents must have a big game permit to hunt deer, bear or turkey, in addition to the required hunting license (50-9-135). The Department may distribute and regulate the issuance of special, nonresident shooting preserve licenses (50-9-140). A permit is required to hunt on wildlife management areas, the funds so derived to be used exclusively for procurement of such areas by rent, lease or exchange, and for their management. The Department may not lease, and may not pay more than fair market value for, any land for the Wildlife Management Area Program which during the preceding two years has been held under a private hunting lease by a club or individual unless the former lessee executes a voluntary consent or other conditions are met. The Department may not have under lease at one time more than 1,600,000 acres in the program. The Department may establish open and closed seasons, bag limits and methods for taking game on all wildlife management areas (50-9-150).
Without cost to the state, the Department shall designate and establish sanctuaries where game, birds and animals may breed unmolested, if a landowner enters into an agreement with the Director to set aside and turn over a certain number of acres of land for that purpose. There may be no hunting or trespassing for five years upon lands so designated, and the Director may post those lands and prosecute violators. The Department or landowner may terminate such agreement at any time (50-11-860). [Numerous bird, bird and squirrel, nongame bird, duck and geese, wildlife and environmental sanctuaries are listed in 50-11-870 through 50-11-980, wherein it is unlawful to use shotguns, rifles, pellet guns and BB guns, or to kill wildlife. Each of these sections has its own restrictions, prohibitions and penalties for violation.] Anyone hunting or trespassing upon land designated as a sanctuary must be fined for each offense not less than $100-200, or jailed up to 30 days (50-11-990).
Before a person may lease property to the Wildlife Management Area Program, there must be either public or private access for individuals hunting on the property under the program during the term of the lease (50-11-2230). (See also HUNTING, FISHING, TRAPPING PROVISIONS.)
The Commission may acquire a sufficient number of acres in close proximity to a dam or other water for establishing fish hatcheries, and may exercise the power of eminent domain if necessary (50-13-1920). It may also lease or purchase land for the USFW to establish fish hatcheries, the expense to come from the Game Protection Fund (50-13-1930). The Department shall charge fees for stocking fish in private waters sufficient to cover all costs of operating the Cheraw Fish Hatchery Private Pond Fish Stocking Programs (50-13-1935).
The Director may select any place on a state river or stream as a fish sanctuary after approval of the county's legislative delegation. No such sanctuary shall exceed two miles in length, and boundaries shall be marked (50-13-1960). Sanctuaries may be established on lakes and ponds on agreement with landowners to turn them over to the state for such purpose (50-13-1970). Such sanctuary continues until it is directed to be closed by the landowner or the county's legislative delegation; there may be no fishing or trespassing upon sanctuary waters (50-13-1980). Violation: misdemeanor; up to $200 fine; or jail up to 30 days (50-13-1990). The Department manages the lakes and ponds which it owns/leases and may establish terms for fishing, boating and other activities, after Commission approval and the majority of the county's legislative delegation wherein such waters are located (50-13- 2020).
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New Mexico Center for Wildlife Law
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