CHAPTER 11 - PROTECTION OF GAME
Title 50 - Fish, Game and Watercraft
CHAPTER 11.
PROTECTION OF GAME
ARTICLE 1.
GENERAL PROVISIONS
SECTION 50-11-10. Adoption of Federal Migratory Bird Treaty Act; prohibitions concerning hunting of waterfowl; penalties.
(A) The Federal Migratory Bird Treaty Act and its implementing regulations are the law of this State. However, the board annually may set seasons, bag limits, and methods for hunting and taking migratory birds consistent with federal law. A violation of the Migratory Bird Treaty Act or its implementing regulations or a violation of regulations set by the board is a misdemeanor.
(B) In addition, it is unlawful to:
(1) trespass while hunting waterfowl;
(2) take or attempt to take waterfowl over bait;
(3) take or attempt to take waterfowl more than fifteen minutes before or after regularly designated hunting hours;
(4) possess more than one waterfowl over the legal limit;
(5) hunt waterfowl out of season.
(C) A person who violates a provision of subsection (A), with the exception of those provisions specified in subsection (B), is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned not more than thirty days for each offense. A person who violates a provision of subsection (B) 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 not more than thirty days for each offense.
SECTION 50-11-15. Baiting prohibited in area over which migratory birds are hunted; penalties;.
(A) It is unlawful to bait, assist in baiting, or cause to be baited an area over which migratory birds are being hunted if the persons engaged in the hunting have a lawful right to hunt that area. A person who violates this section 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.
(B) A property owner shall not be prosecuted for a violation of subsection (A) where the person who is engaged in hunting is trespassing or hunting the baited area without the permission of the owner.
SECTION 50-11-20. Definitions; migratory waterfowl committee; responsibilities of committee; use of funds.
(A) As used in this article:
(1) "Board" means the governing body of the South Carolina Department of Natural Resources.
(2) "Committee" means the Migratory Waterfowl Committee.
(3) "Department" means the South Carolina Department of Natural Resources.
(4) "Migratory waterfowl" means members of the family "Anatidae", including brants, ducks, geese, and swans.
(B) There is created the Migratory Waterfowl Committee composed of nine members. A designee of Ducks Unlimited of South Carolina, who is not a paid employee, a designee of the South Carolina Waterfowl Association, who is not a paid employee, and the chairman of the board of the Department of Natural Resources, or his designee, shall serve ex officio. Two members appointed by the chairman of the Agriculture and Natural Resources Committee of the House of Representatives, two are appointed by the chairman of the Fish, Game and Forestry Committee of the Senate, and two are appointed by the Governor, all of whom must be cognizant of waterfowl. The members of the committee shall serve for terms of three years and until successors are appointed and qualify. Vacancies are filled for the unexpired term in the manner of the original appointment. The members of the committee shall elect a chairman annually.
(C) The committee shall manage the selection of the annual commemorative migratory waterfowl stamp design. The department may provide for the production, promotion, and sale of the stamps and any prints or related items. Funds derived from the sale of prints and related items must be expended as follows:
(1) for the administration of the migratory waterfowl stamp and print program;
(2) the remainder of the funds must be used to benefit waterfowl for South Carolina. The board may fund projects of an appropriate nonprofit organization for the protection, improvement, and development of waterfowl habitat in Canada or in those areas designated by the United States Fish and Wildlife Service as joint venture areas that are outside of the State of South Carolina. The projects shall specifically benefit waterfowl for South Carolina and shall demonstrate that the expenditure is acceptable to the appropriate government agency having jurisdiction over the area. Further, the recipient must match the funding at least at a ratio of one to one; and
(3) all balances must be carried forward from year to year so none of the funds revert to the general fund.
SECTION 50-11-22. Harming actively nesting waterfowl or disturbing nest or nest box; penalties.
(A) It is unlawful to harm, disturb, molest, or take an actively nesting waterfowl, its nest, or eggs, including the male, except by permit issued by the federal government or its agent.
(B) It is unlawful to disturb, damage, or destroy the nest including a nest box or eggs of any waterfowl except by permit issued by the federal government or its agent. Provided, nothing in this section prohibits inspection of nests for biological purposes.
Any person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned for up to thirty days. In addition, anyone convicted forfeits all hunting and fishing privileges for one year.
SECTION 50-11-24. Hunting migratory fowl in Gills Creek watershed in Lancaster County without permission; penalties.
It is unlawful to hunt migratory waterfowl in the Gills Creek watershed in Lancaster County within two hundred yards of a dwelling without written permission of the owner or occupant. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
SECTION 50-11-25. Prohibition on taking migratory waterfowl from certain blinds or positions; construction and use of blinds; penalties.
(A) It is unlawful to take migratory waterfowl from blinds or positions where the floor level of the blind or the position is:
(1) more than ten feet above surface level in or around freshwater; or
(2) more than five feet above the mean high water in or around saltwater.
(B) A blind on public lands or waters must be constructed from biodegradable materials.
(C) Once vacated, a blind on public lands or waters may be used by persons on a "first come, first served" basis.
(D) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
SECTION 50-11-26. Hunting migratory waterfowl on Bear Creek in Lancaster County without permission; penalties.
It is unlawful to hunt migratory waterfowl on Bear Creek in Lancaster County within two hundred yards of a dwelling without written permission of the owner or occupant. As used in this section, Bear Creek includes the area within the Bear Creek impoundment boundaries from the bridge on Beacon Road crossing the uppermost waters to the watershed dam as a lower boundary. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
SECTION 50-11-27. Hunting and baiting on Lake Murray; violations and penalties.
(A) For purposes of this section:
(1) "Lake Murray" means and includes the area from Lake Murray Dam to one-half mile upstream of Harmon's Bridge on Secondary Road 41-44 and upstream to Kempson's Ferry Bridge on Highway 395, excluding tributaries;
(2) "bait" means shelled, shucked, or unshucked corn; wheat or grain; salt; or other feed that would constitute a lure, attraction, enticement, or bait to waterfowl;
(3) "to bait" or "baiting" means placing, exposing, depositing, distributing, or scattering bait.
(B) It is unlawful to hunt migratory waterfowl on that portion of Lake Murray lying within Newberry and Saluda Counties within two hundred yards of a dwelling or marina without written permission of the owner and occupant.
(C) It is unlawful to hunt migratory waterfowl on that portion of Lake Murray lying within Lexington and Richland Counties within three hundred fifty yards of a dwelling or marina without written permission of the owner and occupant.
(D) From November 1 to February 1 of the following year, it is unlawful to bait, assist in, or cause to be baited any of the waters of Lake Murray below the lakefront property line. Provided, nothing in this section makes it unlawful to casually feed foodstuffs to waterfowl or to fill and use bird and other wildlife feeders.
(E) A person who violates subsections (B) and (C) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
(F) A person who violates subsection (D) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars.
SECTION 50-11-28. Unlawful to hunt migratory waterfowl on Lake Greenwood; penalties.
It is unlawful to hunt migratory waterfowl on Lake Greenwood within two hundred yards of a dwelling without written permission of the owner and occupant. As used in this section, Lake Greenwood includes the area from the Buzzard's Roost Dam upstream to the Smith Road Bridge pilings on the Saluda River, upstream to the Old Burnt Bridge on the Reedy River, and upstream to the SC Highway 72 bridge on Cane Creek. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
SECTION 50-11-29. Unlawful to hunt migratory waterfowl on Lake Wateree; penalties.
It is unlawful to hunt migratory waterfowl on Lake Wateree within two hundred yards of a dwelling without written permission of the owner and occupant. As used in this section, Lake Wateree includes the area from Wateree Dam upstream to the Cedar Creek and Rock Creek Power Plant Dam. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. Provided, however, nothing in this section is intended to limit the restrictions of Section 50-19-1830.
SECTION 50-11-30. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.
SECTION 50-11-31. Hunting near dwelling or marina on Potato and Wyboo Creeks prohibited; baiting prohibited; penalties.
(A) For purposes of this section:
(1) "Potato Creek" is the area lying east of Highway S-14-260 westward to the mouth of Potato Creek and the property controlled by Camp Bob Cooper 4-H Camp.
(2) "Wyboo Creek" is the area lying northward from a line connecting Green Island and Eagle Point on Lake Marion to Highway 260. This area will include the areas known as White Oak Slough, Air Port Slough, and Birch Branch.
(3) "Bait" means shelled, shucked, or unshucked corn; wheat or grain; salt; or other feed that would constitute a lure, attraction, enticement, or bait to waterfowl.
(4) "To bait" or "baiting" means placing, exposing, depositing, distributing, or scattering bait.
(5) "A dwelling" is a house or other structure in which a person or persons live; a residence; abode; occupied by a family as a place of residence, or a structure used as place of habitation.
(B) It is unlawful to hunt migratory waterfowl on Potato Creek or Wyboo Creek, as defined for purposes of this section, within two hundred yards of a dwelling or marina without written permission of the owner or occupant.
(C) From November first to February first of the following year, it is unlawful to bait, assist in, or cause to be baited any of the waters of Potato Creek and Wyboo Creek below the lakefront property line defined as the 76.8 marker. However, nothing in this section makes it unlawful to casually feed foodstuffs to waterfowl or to fill and use bird and other wildlife feeders above the 76.8 marker.
(D) A person who violates subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
(E) A person who violates subsection (C) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars.
SECTION 50-11-32. Hunting waterfowl on Lake Marion; penalty.
It is unlawful to hunt waterfowl in Calhoun County on Lake Marion within two hundred yards of a residence without written permission of the owner and occupant. As used in this section, Lake Marion includes the public waters in Calhoun County from the confluence of the Congaree and Wateree Rivers downstream to Poplar Creek. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
SECTION 50-11-33. Hunting migratory waterfowl on portions of Lake Marion; penalties.
It is unlawful to hunt migratory waterfowl on Dean Swamp in Clarendon County or waters adjacent to Santee Cooper Resort in Orangeburg County on Lake Marion within two hundred yards of a dwelling without written permission of the owner and occupant. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or imprisoned not more than thirty days.
SECTION 50-11-34. Hunting migratory waterfowl on portions of Lake Marion; penalty; markers.
It is unlawful to hunt migratory waterfowl in the cove on Lake Marion immediately to the southeast of the Indian Bluff Recreation Site and in the coves on Lake Marion immediately to the east of the St. Julien Subdivision Extension and Cypress Shores Marina, respectively. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding two hundred dollars or by imprisonment for a term not exceeding thirty days. The department shall delineate the boundaries of these coves to which the prohibition applies and shall place appropriate markers within these boundaries identifying the area as closed to migratory waterfowl hunting.
SECTION 50-11-35. Hunting migratory fowl in Murrell's Inlet Creek.
It is unlawful to hunt migratory waterfowl in Georgetown County in Murrell's Inlet Creek within one hundred yards of a residence or business without written permission of the owner or occupant. As used in this section, Murrell's Inlet Creek includes the public waters in Georgetown County located north of Huntington Beach, west of the Atlantic Ocean, and south of Horry County between the shoreline of the Murrell's Inlet Community and Garden City Beach. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
SECTION 50-11-40. Use of recorded sounds or amplified imitations of calls or sounds prohibited; penalties.
(A) It is unlawful for any person to hunt, catch, take, kill, or attempt to hunt, catch, take, or kill any game bird or game animal by the use or aid of recorded calls or sounds or recorded or electronically amplified imitations of calls or sounds.
(B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than one hundred dollars.
SECTION 50-11-45. Certain rifle defined as primitive weapon.
In addition to weapons defined as primitive weapons by statute or regulation, a rifle, .36 caliber or larger, which uses black powder only as its propellant charge and which has a one-eighth inch nonmagnified peep site on the rear of the barrel, is a primitive weapon.
SECTION 50-11-65. Training of bird dogs.
(A) Persons engaged in the business of training bird dogs in return for money, goods, or services may obtain a Bird Dog Trainer's License entitling them to the privileges provided in this section.
(B) The applicant for the license shall provide proof of ownership in or a recorded leasehold instrument for a tract of land to be designated as a bird dog training area. The applicant also shall provide a county or highway map designating the location of the property together with a tax map, aerial photograph, or plat designating the property boundaries. The bird dog training area may not exceed fifty acres for each licensee.
(C) The boundaries of the area must be posted every one hundred fifty feet or less with signs designating the area as follows: "Private Bird Dog Training".
(D) The application and the license must list the trainer and not more than two assistants, all of whom must have hunting licenses. Upon receiving a training license, the trainer and his two assistants may take pen-raised quail during the closed season for training dogs. No person, trainer, or assistant, may be listed on more than one license.
(E) The licensee shall maintain records showing the number of birds purchased or raised, released for bird dog training, and harvested as part of the training program, together with other records the department may require as a condition of the license. A copy of these records must be open for inspection by agents of the department at reasonable times and must be furnished to the department in an annual report before issuance of the next year's license. The fee for the license is fifty dollars, and the license expires annually June thirtieth.
(F) The trainer and his assistants shall make reasonable efforts to minimize the disturbance of wild quail during training. Birds released pursuant to this section must be banded, and recovery or recall pens may be used if the trainer is issued a permit for the pens. Unbanded quail taken in recall pens must be released immediately.
(G) A person possessing a hunting license may train bird dogs on private land at any time during the year. However, outside the established quail season, only weapons capable of firing blank ammunition may be used unless feral pigeons have been released and are being used in the training.
(H) A person violating subsection (C), (D), (E), (F), or (G) is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A trainer or assistant trainer who violates one or more of these subsections must have his privileges provided under this section suspended for two years from the date of conviction.
SECTION 50-11-95. Computer-assisted remote hunting and remote hunting facilities; penalties; exceptions.
(A) As used in this section:
(1) "Computer-assisted remote hunting" means the use of a computer or any other device, equipment, or software, to remotely control the aiming and discharge of a firearm at an animal.
(2) "Computer-assisted remote hunting facilities" means real property and improvements on the property associated with hunting, including hunting blinds, offices, and rooms equipped to facilitate computer-assisted remote hunting.
(B) No person may engage in computer-assisted remote hunting in this State. This subsection shall apply to any person who is engaged in computer- assisted remote hunting if either the animal hunted, or any device, equipment, or software to remotely control the firearm are located in this State.
(C) No person shall establish or operate computer-assisted remote hunting facilities in this State.
(D) A person who violates this section is guilty of a misdemeanor and, upon conviction for a first offense must be fined not less than five thousand dollars or imprisoned for not more than one year, or both, and for a subsequent offense must be fined not less than ten thousand dollars or imprisoned for not more than five years, or both. Upon conviction for a first offense, a person who violates this section must forfeit any South Carolina hunting or fishing license for ten years. If the person does not possess a South Carolina hunting or fishing license, the person is ineligible to obtain a South Carolina hunting or fishing license for ten years. Upon conviction for a second offense, a person who violates this section must permanently forfeit any South Carolina hunting or fishing license and is permanently ineligible to obtain a South Carolina hunting or fishing license.
(E) This section does not apply to a person who only provides:
(1) general-purpose equipment, including a computer, camera, fencing, and building materials;
(2) general-purpose computer software including an operating system and communications programs; or
(3) general telecommunications hardware or networking services for computers, including adapters, modems, servers, routers, and other facilities associated with Internet access.
(F) The provisions of this section do not apply to a disabled hunter using medical equipment or devices designed to assist with his disability while engaged in the act of hunting.
SECTION 50-11-96. Introduction of fertility control agents into wildlife; exceptions; penalties.
(A) It is unlawful for a person to introduce a fertility control agent or chemical substance into any wildlife without a permit from the department.
(B) The department may issue a permit, authorizing the use of a fertility control agent or chemical in wildlife only for:
(1) bonafide scientific research, as approved by the department, by persons, or institutions properly accredited, staffed, and equipped to carry out an approved research plan;
(2) management activities for the proper control of wildlife as approved by the department.
(C) The department is authorized to use fertility control agents or chemical substances on wildlife in order to protect human safety or for management, scientific, or educational purposes.
(D) Preference must be given to hunting as the primary method of controlling wildlife before a fertility control agent or a chemical substance is utilized.
(E) Nothing in this section prohibits the use of pesticides for the control of commensal rodents according to label specifications.
(F) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than two years, or both. The magistrates court is vested with jurisdiction to hear and dispose of these cases.
(G) The Department of Natural Resources is authorized to promulgate regulations to implement and regulate the provisions of this section.
SECTION 50-11-100. Enclosure impeding free range of deer being hunted; construction unlawful; registration of existing enclosures; expansion of registered enclosures; penalties.
(A) It is unlawful to construct a new enclosure which prevents or materially impedes the free range of the deer being hunted. For purposes of the definitions herein, "prevents or materially impedes" means erecting a fence in excess of six feet in height from ground level for the express purpose of corralling wild game for hunting purposes.
(B) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned for not less than one year nor more than three years, or both. The hunting and fishing privileges of a person convicted under the provisions of this section must also be suspended for two years. In addition, the court in which a person violating this section is convicted may order that restitution be paid to the department of not less than one thousand five hundred dollars for each animal taken in violation of this section and shall be ordered to remove the enclosure.
(C)(1) All owners or leasees of property which have enclosures which prevent or materially impede the free range of the deer being hunted must register with the department within thirty days after the effective date of this section, provided the enclosure is an existing, completed enclosure in that the construction of the enclosure is wholly complete in every respect and requires no further labor or material to erect or complete the construction of the enclosure thirty days after the effective date of this section.
(2) Except as provided in item (3), after an enclosure is registered with the department, the owner may expand but may not decrease the enclosed area. The owner may make repairs necessary for the care and maintenance of the enclosure.
(3) Expansion of a registered enclosure of less than seven hundred acres is limited to an aggregate of up to fifteen percent of the area of the enclosure as of the time the enclosure was registered. Expansion of a registered enclosure of seven hundred acres or more may not exceed an aggregate of four hundred acres.
(D) It is unlawful to hunt deer with dogs in an enclosure registered with the department pursuant to Section 50-11-100(C)(1).
(E) It is unlawful to construct any mound, platform, or other device designed to allow animals into an enclosed area.
(F) If any term or provision of this section is declared unconstitutional, illegal, or unenforceable by a court of competent jurisdiction, the remainder of this section is severable and remains in full force and effect.
SECTION 50-11-105. Wildlife disease control; regulation of wildlife shipments; euthanasia.
(A) The department, after consulting with the State Livestock-Poultry Health Commission and the United States Department of Agriculture Veterinarian in Charge for South Carolina and after a reasonable attempt at landowner notification, may carry out operations including quarantines, destruction of wildlife, or other measures to locate, detect, control, eradicate, or retard the spread of diseases of wildlife independently or in cooperation with counties, special purpose districts, municipalities, property owner's associations or similar organizations, individuals, federal agencies, or agencies of other states, by regulation, compliance agreement, judicial action, or other appropriate means. The State shall not be required to indemnify the property owner for any wildlife taken as a result of this action. For the purposes of this section, landowner notification can occur by means of a telephone call, in person, or in writing.
(B) The department, in accordance with the Administrative Procedures Act and in order to ensure the continued health and safety of wildlife, may promulgate and enforce reasonable regulations to control or prohibit the shipment within, export from, or import into this State any wildlife, carcasses, or associated products of any nature or character from a state, territory, or foreign country when, in the opinion of the department, the regulation or prohibition is necessary to prevent the introduction or distribution of a disease or diseased, infirmed, or unhealthy wildlife.
(C) Department personnel and their designees are authorized to euthanize sick or injured wildlife.
ARTICLE 2.
SMALL GAME
SECTION 50-11-110. Small game defined.
The following species constitute small game animals: raccoon, opossum, rabbit, squirrel, fox, quail, bobcat, beaver, mink, muskrat, skunk, otter, grouse, and weasel.
SECTION 50-11-120. Small game seasons.
(A) Except as otherwise specified, the season for hunting and taking small game is Thanksgiving Day through March 1.
(1) Game Zone 1:
(a) rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day, with dogs only, day and night, and no rabbits may be taken;
(b) squirrel: October 1 through March 1, with weapons and dogs; March 2 through September 30, with dogs only, and no squirrels may be taken;
(c) fox: year round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) raccoon and opossum: October 15 through March 1, with weapons and dogs; March 2 through October 14, with dogs only, and no raccoon or opossum may be taken;
(e) quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving, with dogs only, and no quail may be taken;
(f) grouse: Thanksgiving Day through March 1;
(g) beaver: year round.
(2) Game Zone 2:
(a) rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day with dogs only, day and night, and no rabbits may be taken;
(b) squirrel: October 1 through March 1, with weapons and dogs; March 2 through September 30, with dogs only, and no squirrels may be taken;
(c) fox: year round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) raccoon and opossum: October 15 through March 1, with weapons and dogs; March 2 through October 14, with dogs only, and no raccoon or opossum may be taken;
(e) quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving, with dogs only, and no quail may be taken;
(f) beaver: year round.
(3) Game Zone 3:
(a) rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day, with dogs only, day and night, and no rabbits may be taken;
(b) squirrel: October 1 through March 1, with weapons and dogs; March 2 through September 30, with dogs only, and no squirrels may be taken;
(c) fox: year round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) raccoon and opossum: September 15 through March 15, with weapons and dogs; March 16 through September 14, with dogs only, and no raccoon or opossum may be taken;
(e) quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving, with dogs only, and no quail may be taken;
(f) beaver: year round.
(4) Game Zone 4:
(a) rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day, with dogs only, day and night, and no rabbits may be taken;
(b) squirrel: October 1 through March 1, with weapons and dogs; March 2 through September 30, with dogs only, and no squirrels may be taken;
(c) fox: year round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) raccoon and opossum: September 15 through March 15, with weapons and dogs; March 16 through September 14, with dogs only, and no raccoon or opossum may be taken;
(e) quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving Day, with dogs only, and no quail may be taken;
(f) beaver: year round.
(5) Game Zone 5:
(a) rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day, with dogs only, day and night, and no rabbits may be taken;
(b) squirrel: October 1 through March 1, with weapons and dogs; March 2 through September 30, with dogs only, and no squirrels may be taken;
(c) fox: year round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) raccoon and opossum: September 15 through March 15, with weapons and dogs; March 16 through September 14, with dogs only, and no raccoon or opossum may be taken;
(e) quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving, with dogs only, and no quail may be taken;
(f) beaver: year round.
(6) Game Zone 6:
(a) rabbit: Thanksgiving Day through March 1, with weapons and dogs, day only; March 2 through the day before Thanksgiving Day, with dogs only, day and night, and no rabbits may be taken;
(b) squirrel: October 1 through March 1, with weapons and dogs; March 2 through September 30, with dogs only, and no squirrels may be taken;
(c) fox: year round but no fox may be taken March 2 through the day before Thanksgiving Day, inclusive;
(d) raccoon and opossum: September 15 through March 15, with weapons and dogs; March 16 through September 14, with dogs only, and no raccoon or opossum may be taken;
(e) quail: Monday before Thanksgiving Day through March 1, with weapons and dogs; March 2 to the Sunday before Thanksgiving, with dogs only, and no quail may be taken;
(f) beaver: year round.
(B) The season dates in this section are inclusive except as otherwise provided. Unless otherwise specified during the small game seasons when weapons are allowed, dogs also may be used.
(C) In all game zones it is lawful to run rabbits with dogs at any time during the year in enclosures but no rabbits may be taken.
(D) As used in this section where night hunting is authorized, "night" means the time between one hour after official sundown of a day and one hour before official sunrise the following day. Where day time hunting only is allowed "day" means the time between one hour before official sunrise of a day and one hour after official sunset of the same day.
SECTION 50-11-140. Taking raccoons, opossums, squirrels, or fox during period they can be hunted without weapons.
During a period in which raccoons, opossums, squirrels, or fox are allowed to be hunted without weapons, it is unlawful to take, or attempt to take, the animals.
SECTION 50-11-150. Small game bag limits.
(A) For purposes of this section a " day" means the twenty-four hours between one hour before sunrise one day and one hour before sunrise the following day. It is a measure of time for the purposes of setting a bag limit only. It is unlawful to exceed the small game bag limits as follows:
(1) Game Zone 1:
(a) rabbit: five per day;
(b) squirrel: ten per day;
(c) raccoon: three per party per day;
(d) quail: twelve per day;
(e) grouse: three per day.
(2) Game Zone 2:
(a) rabbit: five per day;
(b) squirrel: ten per day;
(c) raccoon: three per party per day;
(d) quail: twelve per day.
(3) Game Zone 3:
(a) rabbit: five per day;
(b) squirrel: ten per day;
(c) raccoon: no limit;
(d) quail: twelve per day.
(4) Game Zone 4:
(a) rabbit: five per day;
(b) squirrel: ten per day;
(c) raccoon: three per party per day;
(d) quail: twelve per day.
(5) Game Zone 5:
(a) rabbit: five per day;
(b) squirrel: ten per day;
(c) raccoon: three per party per day;
(d) quail: twelve per day.
(6) Game Zone 6:
(a) rabbit: five per day;
(b) squirrel: ten per day;
(c) raccoon: no limit;
(d) quail: twelve per day.
(B) Except as provided in this section, there is no limit on small game animals.
SECTION 50-11-160. Unlawful to trap rabbits; exceptions.
It is unlawful for any person to trap rabbits, except that a landlord or tenant may use not more than five rabbit boxes on lands on which he has exclusive control during the open season for rabbits as provided by law.
SECTION 50-11-170. Repealed by 2008 Act. No. 286, Section 11, eff June 11, 2008.
SECTION 50-11-180. Trapping or snaring of quail prohibited; exceptions; requests for quail trapping permits; requirements.
The trapping or snaring of quail is prohibited except as permitted by the department for scientific or propagation purposes. Requests for quail trapping permits must be accompanied by proof of property ownership or lease-hold interest for the property upon which the quail traps are to be operated, a county or highway map designating the location of the property, and an aerial photo, a tax map, or a plan designating property boundaries. The department may deny or revoke a permit in its discretion.
ARTICLE 3.
BIG GAME
SECTION 50-11-300. Species constituting big game.
The following species constitute big game: white tailed deer, wild turkey, and black bear.
SECTION 50-11-310. Open season for antlered deer.
(A) The open season for taking antlered deer is:
(1) In Game Zone 1: October 1 through October 10, with primitive weapons only; October 11 through October 16, and October 31 through January 1, with archery equipment and firearms.
(2) In Game Zone 2: September 15 through September 30, with archery equipment only; October 1 through October 10, with primitive weapons only; October 11 through January 1, with archery equipment and firearms.
(3) In Game Zone 3: August 15 through January 1, with archery equipment and firearms.
(4) In Game Zone 4: September 1 through September 14, with archery equipment, and September 15 through January 1, with archery equipment and firearms.
(5) In Game Zone 5: August 15 through August 31, with archery equipment, and September 1 through January 1, with archery equipment and firearms.
(6) In Game Zone 6: August 15 through January 1, with archery equipment and firearms.
(B) In Game Zones 1 and 2, it is unlawful to pursue deer with dogs, and it is unlawful to bait for deer.
(C) On WMA lands, the department may promulgate regulations in accordance with the Administrative Procedures Act to establish the methods for hunting and taking of deer and for other restrictions for hunting and taking deer.
(D) It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer.
(E) For special primitive weapons seasons, primitive weapons include bow and arrow, crossbows, muzzle-loading shotguns of twenty gauge or larger, and rifles of .36 caliber or larger with open or peep sights or scopes, which use black powder or a black powder substitute that does not contain nitro-cellulose or nitro-glycerin components as the propellant charge. There are no restrictions on ignition systems including flintstone, percussion cap, shotgun primer, disk, or electronic. During primitive weapons seasons, no revolving rifles are permitted.
SECTION 50-11-335. Bag limit on antlered deer.
The bag limit on antlered deer is:
(1) Game Zones 1 and 2: daily not more than two or annually not more than five for all seasons combined; and
(2) Game Zones 3, 4, 5, and 6: no daily or season limit.
Each animal over the limit is a separate offense.
SECTION 50-11-340. Penalty for hunting deer during closed season.
Any person convicted of hunting deer during the closed season must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days. None of the fine may be suspended.
SECTION 50-11-350. Illegally taking deer; penalty.
Any person taking, attempting to take, or having in his possession deer illegally or taking, attempting to take, or killing deer in any way prohibited by the department on wildlife management area lands throughout the State is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
SECTION 50-11-355. Hunting deer near residences.
It is unlawful to hunt deer within three hundred yards of a residence without permission of the owner and occupant. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. The provisions of this section do not apply to a landowner hunting on his own land or a person taking deer pursuant to a department permit.
SECTION 50-11-356. Discharging weapon near poultry layer or broiler house prohibited; penalties.
It is unlawful to discharge a gun or weapon within three hundred yards of a poultry layer or broiler house containing live poultry without permission of the owner. Anyone knowingly violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. The provisions of this section do not apply to a landowner discharging a gun or weapon on his own land.
SECTION 50-11-360. Taking or attempting to take elk; penalty.
It is unlawful to take or attempt to take elk (Cervus elaphus). A person convicted of violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five hundred dollars or imprisoned for not more than thirty days, or both.
SECTION 50-11-380. Unlawful in Game Zone 1 to possess certain firearms or ammunition except during deer and bear season; penalties.
In Game Zone 1 it is unlawful, except during the season when the hunting of deer and bear is lawful, for any person engaged in the hunting of any game whatsoever to have in his possession any ammunition loaded with buckshot or larger shot or, while so engaged, to have in his possession a rifle, the caliber of which is greater than a caliber twenty-two, rimfire, or any rifle ammunition of a greater caliber than twenty-two.
Any person convicted of violating the provisions of this section must be imprisoned for not more than thirty days or fined not more than two hundred dollars.
SECTION 50-11-390. Departmental authority over game zones.
(A) The Department of Natural Resources may permit the taking of antlerless deer between September 15 and January 1, inclusive. The department may set bag limits and methods for hunting and taking of antlerless deer and other restrictions for the proper control of hunting and taking of antlerless deer.
(B) In all game zones, the department may issue individual tags for antlerless deer at a cost of five dollars each which must be used as prescribed by the department. These tags are valid statewide, except on properties receiving antlerless deer quota permits pursuant to subsection (C) of this section, and must be possessed and used only by the individuals to whom they are issued. Revenue generated from the sale of individual tags must be used to administer the tag program and for deer management and research. The department shall utilize twenty percent of this revenue for law enforcement.
(C) In all game zones, the department may issue antlerless deer quota permits to landowners or lessees at a cost of fifty dollars each. Revenue generated from the quota permits must be used to administer the tag program and for deer management and research.
(D) Antlerless deer taken pursuant to individual tags or quota permits must be tagged with a valid antlerless deer tag and reported to the department as prescribed. Each tag must be attached to the deer as prescribed by the department before the animal is moved from the point of kill. Antlerless deer taken pursuant to quota permits must be tagged, even if taken on designated either-sex days.
(E) The department may suspend the taking of antlerless deer or revoke any quota permit or individual tags when environmental conditions or other factors warrant.
(F) It is unlawful to hunt or take, possess, or transport antlerless deer, except as permitted by this section. A person violating the provisions of this section or the provisions for taking antlerless deer established by the department is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than five hundred dollars or imprisoned not to exceed thirty days.
SECTION 50-11-400. Unlawful to possess deer with head detached when in transit from woods, swamps, fields, or roads; penalties.
It is unlawful for anyone in this State to have in his possession any deer with the head detached when the person is in transit from any woods, swamps, fields, or roads. Any person convicted of transporting a deer with the head detached must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
SECTION 50-11-410. Antlerless deer defined; unlawful to hunt, kill, take, or possess antlerless deer; exceptions; penalties.
For purposes of this chapter, antlerless deer means a female (doe) deer, a male (buck) deer not exhibiting two inch antlers visible above the natural hairline, or a male (buck) deer that has shed, broken, or otherwise lost its antlers. In South Carolina, it is unlawful to hunt, kill, take, or possess any antlerless deer on any property unless an open season has been declared on that property or an antlerless deer quota permit has been issued for the legal harvest of antlerless deer on that specific property. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
SECTION 50-11-420. Penalty for possession of recently killed venison or fresh deerskin during closed season.
Any person in whose possession recently killed venison or fresh deerskin is found during the closed season for hunting deer in that game zone by law is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for not more than thirty days.
SECTION 50-11-430. Bear hunting; unlawful acts; penalties.
(A) The open season for taking bear in Game Zone One is:
(1) for still gun hunts: the third Monday in October through the following Saturday inclusive; for party dog hunts: the fourth Monday in October through the following Saturday inclusive. In all other zones there is no open season for taking bear;
(2) any bear taken must be reported to the department's Clemson office within the next business day of the time of taking.
(B) It is unlawful to:
(1) hunt, take, or attempt to take a bear except during the open season;
(2) hunt, take, or attempt to take bear except as allowed by this title;
(3) to take more than one bear per person during still gun hunt season or more than three per party during party dog hunt season;
(4) take or attempt to take a bear of under one hundred pounds;
(5) take or attempt to take a sow bear with cubs;
(6) possess or transport a freshly killed bear or bear part except during the open season for hunting and taking bear;
(7) possess a captive bear except pursuant to a permit issued by the department;
(8) pursue bear with dogs; except during the open season for hunting and taking bear with dogs;
(9) hunt or take bear near bait or by the use or aid of bait.
(C) Each of the above acts is a violation of this section and is a separate offense.
(D) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than two years, or both. Hunting and fishing privileges of a person convicted under the provisions of this section must be suspended for three years. In addition, each person convicted of a violation of this section shall pay restitution to the department of not less than one thousand five hundred dollars for each bear or bear part which is the subject of a violation of this section.
(E) Party dog hunts may not exceed twenty-five participants and must register with the department.
SECTION 50-11-440. Black bears; feeding or enticing with food; penalty.
(A) It shall be unlawful for any person to feed or entice with food any black bear (Ursus americanus) except as follows:
(1) those persons feeding bears maintained in protective captivity under a permit issued by the department for education, scientific, commercial, or recreational purposes;
(2) department personnel;
(3) persons licensed or otherwise authorized by the department; or
(4) county or municipal animal personnel when relocating bears by baiting or enticement.
(B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in an amount not to exceed five hundred dollars or imprisoned for not more than thirty days.
SECTION 50-11-500. Provisions applicable to wild turkey.
(1) It is unlawful for a person to rob any wild turkey nest or own, possess, control, sell, or otherwise dispose of wild turkey eggs unless the possession of the eggs is authorized by permit issued by the department under the provisions of Section 50-11-1180.
(2) It is unlawful for a person to trap or snare any wild turkey.
(3) It is unlawful for a person to hunt, kill, or possess female wild turkeys at any time unless the department sets special open seasons for their taking.
(4) It is unlawful for a person to buy, sell, offer for sale, barter, or have in possession for sale any wild turkeys.
(5) It is unlawful for a person to release in the wild any pen-raised wild turkey unless that person is granted a permit to do so by the department. These permits are made after the department has caused a thorough study of the area on which pen-raised turkeys are to be released. The release of these turkeys is to take place under the supervision of department personnel. No pen-raised turkey may be released for any purpose unless it has been examined for parasites or disease and the release approved by the department not less than thirty days before the date of its release.
(6) It is unlawful for a person to shoot any wild turkey between thirty minutes after official sunset and thirty minutes before official sunrise.
(7) It is unlawful for a person to take or attempt to take a wild turkey with a rifle, pistol, buckshot, or shotgun slug.
(8) It is unlawful for a person to take or attempt to take a wild turkey from a vehicle on a public road.
(9) It is unlawful for a person to take or attempt to take a wild turkey from a watercraft on the waters of this State.
SECTION 50-11-510. Prohibition against baiting wild turkeys; definitions.
It is unlawful for a person to hunt or take or attempt to hunt or take a wild turkey by means of, or aid or use of, bait or baiting or on or over any baited area.
As used in this section, "bait" or "baiting' means the placing, "depositing, exposing, distributing, or scattering of salt, shelled, shucked, or unshucked corn, wheat, or other grain, or other foodstuffs to constitute for wild turkeys a lure, attraction, or enticement to, on, or over any areas where hunters are attempting to take them, and "baited area" means an area where salt, shelled, shucked, or unshucked corn, wheat, or other grain, or other foodstuffs capable of luring, attracting, or enticing wild turkeys is directly or indirectly placed, exposed, deposited, distributed, or scattered, and the area remains a baited area for ten days following complete removal of all bait.
SECTION 50-11-515. Use of wild turkey feathers in art.
(A) An American Indian artist, who is a member of a tribe recognized by (1) Public Law 101-644, the Indian Arts and Crafts Board Act, and (2) the state's Commission on Minority Affairs pursuant to Section 1-31-40, may use wild turkey feathers in arts and crafts that are offered for sale and sold to the general public if the artist has on his person a tribal identification card demonstrating his authorization pursuant to the Indian Arts and Crafts Board Act.
(B) This section does not authorize the sale of other parts of wild turkeys, whether taken lawfully or unlawfully, including, but not limited to, capes, beards, and fans.
SECTION 50-11-520. Wild turkey season; declaration of open or closed seasons.
The season for hunting and taking a male wild turkey (gobbler) in Game Zone 6 is March 15 through May 1 inclusive; in other game zones the season for hunting and taking a male wild turkey (gobbler) is April 1 through May 1 inclusive. The department may make a special study, in a game zone of this State, and after such a study the department may declare other open or closed seasons of such duration as it considers advisable for the taking of turkeys. The department may declare an open season in any of the game zones and on WMA lands by promulgating regulations in accordance with the Administrative Procedures Act to establish the dates, places, and bag limits and may set the season and other conditions for hunting and taking wild turkeys on WMA lands.
SECTION 50-11-530. Authority of department to regulate wild turkey hunting.
The department may, at its discretion, prescribe methods by which turkeys may be taken in each game zone and may fix the specific areas of the zones in which turkeys have become numerous enough to be harvested. The department may designate the sex of the turkeys that may be taken and may prescribe any other regulations considered necessary and expedient for the proper control of the harvesting of turkeys in the zones.
SECTION 50-11-540. Penalties for violating rules applicable to wild turkey hunting; forfeiture of hunting and fishing privileges.
Any person taking, attempting to take, or having in his possession turkey illegally or taking, attempting to take, or killing turkey in any way not prescribed by the department is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for not more than thirty days. In addition, a person taking a wild turkey unlawfully must make restitution to the department in the amount of five hundred dollars for each bird taken. In addition, a person convicted of taking a wild turkey illegally forfeits hunting and fishing privileges for one year for each bird taken.
SECTION 50-11-544. Wild turkey hunting; transportation tags.
A person who hunts wild turkeys is required to possess a set of wild turkey transportation tags issued by the department at no cost. All turkeys taken must be tagged before being moved from the point of kill. No person may obtain or possess more than one set of turkey tags.
SECTION 50-11-550. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.
SECTION 50-11-565. Archery equipment defined.
As used in this chapter, archery equipment means a bow and arrow, a long bow, a recurve bow, a compound bow, or a crossbow.
ARTICLE 4.
NIGHT HUNTING, HARASSMENT OF WILDLIFE, TRESPASS OFFENSES
SECTION 50-11-708. Use of artificial lights; penalties.
(A) In all game zones, the use of artificial lights for the purpose of observing or harassing wildlife is unlawful, except that a property owner, lessee, or person with written permission from the property owner may use artificial lights to observe wildlife prior to 11:00 p.m. This section does not prohibit an owner of real property from using artificial lights for the purpose of protecting the property. This section does not prohibit the use of remote trail monitors or cameras from fixed locations on a property, nor does it prohibit a person or group, with written permission of the landowner or leaseholder of the property, from observing wildlife with the use of artificial lights who is engaged in research or documentary filming.
(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.
(C) Nothing in this section may be construed to prohibit the lawful hunting of raccoon and fox.
SECTION 50-11-710. Night hunting prohibited; exceptions; use of artificial lights while hunting prohibited; exceptions; penalties; hunting license not to be issued to individual who has had his privilege to hunt suspended; penalties for hunting while privilege suspended.
Night hunting in this State is unlawful except that raccoons, opossums, foxes, coyotes, mink, and skunk may be hunted at night; however, they may not be hunted with artificial lights except when treed or cornered with dogs, or with buckshot or any shot larger than a number four, or any rifle ammunition of larger than a twenty-two rimfire.
For the purposes of this section, "night" means that period of time between one hour after official sundown of a day and one hour before official sunrise of the following day.
Any person violating the provisions of this section, upon conviction, must be fined for the first offense not more than one thousand dollars, or be imprisoned for not more than one year, or both; for the second offense within two years from the date of conviction for the first offense, not more than two thousand dollars nor less than four hundred dollars, or be imprisoned for not more than one year nor for less than ninety days, or both; for a third or subsequent offense within two years of the date of conviction for the last previous offense, not more than three thousand dollars nor less than five hundred dollars, or be imprisoned for not more than one year nor for less than one hundred twenty days, or both. Any person convicted under this section after more than two years have elapsed since his last conviction must be sentenced as for a first offense.
In addition to any other penalty, any person convicted for a second or subsequent offense under this section within three years of the date of conviction for a first offense shall have his privilege to hunt in this State suspended for a period of two years. No hunting license may be issued to an individual while his privilege is suspended, and any license mistakenly issued is invalid. The penalty for hunting in this State during the period of suspension, upon conviction, must be imprisonment for not more than one year nor less than ninety days.
The provisions of this section may not be construed to prevent any owner of property from protecting the property from destruction by wild game as provided by law.
It is unlawful for a person to use artificial lights at night, except vehicle headlights while traveling in a normal manner on a public road or highway, while in possession of or with immediate access to both ammunition of a type prohibited for use at night by the first paragraph of this section and a weapon capable of firing the ammunition. A violation of this paragraph is punishable as provided by Section 50-11-720.
SECTION 50-11-720. Penalties for night hunting for deer or bear.
Notwithstanding the provisions of Section 50-11-710, any person convicted of the crime of night hunting for deer or bear must (1) for a first offense be fined not more than two thousand five hundred dollars or imprisoned as provided in Section 50-11-710; (2) for a second offense within two years of the first conviction be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned as provided for a first offense; (3) for a third or subsequent offense within two years of a conviction for a second or subsequent offense be fined not less than six hundred dollars nor more than three thousand dollars or imprisoned as provided for a first offense.
SECTION 50-11-730. Unlawful to hunt, shoot, or kill deer from a water conveyance; penalties.
It is unlawful for any person to hunt, shoot, or in any way kill deer from a motorboat, raft, or other water conveyance or to molest deer while any part of the deer is in the water. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not less than thirty days nor more than ninety days or be fined not less than one hundred dollars nor more than five hundred dollars.
"Hunting", as used in this section in reference to a vehicle, boat, or device, includes the transportation of a hunter to or from the place of hunting in violation of this section, or the transportation of the carcass of a deer, or any part of a deer, which has been unlawfully hunted or killed in violation of this section.
In addition to the penalty herein, every boat, raft, or other water conveyance, vehicle, animal, firearm, and any other device being used in the violation of this section must be confiscated and delivered to the department.
For purposes of this section, a conviction for unlawfully hunting deer from boats or other water conveyances is conclusive as against any convicted owner of the above-mentioned property.
In all other cases, the forfeiture and sale is accomplished by the procedure set forth in Section 50-11-740.
SECTION 50-11-740. Confiscation, forfeiture, and sale of property used in hunting of deer or bear at night; procedures.
Every vehicle, boat, animal, and firearm used in the hunting of deer or bear at night is forfeited to the State and must be confiscated by any peace officer who shall forthwith deliver it to the department.
"Hunting" as used in this section in reference to a vehicle or boat includes the transportation of a hunter to or from the place of hunting or the transportation of the carcass, or any part of the carcass, of a deer or bear which has been unlawfully killed at night.
For purposes of this section, a conviction for unlawfully hunting deer or bear at night is conclusive as against any convicted owner of the above-mentioned property.
In all other instances, forfeiture must be accomplished by the initiation by the State of an action in the circuit court in the county in which the property was seized giving notice to owners of record and lienholders of record or other persons having claimed an interest in the property subject to forfeiture and an opportunity to appear and show, if they can, why the property should not be forfeited and disposed of as provided for by this section. Failure of any person claiming an interest in the property to appear at the above proceeding after having been given notice of the proceeding constitutes a waiver of his claim and the property must be immediately forfeited to the State.
Notice of the above proceedings must be accomplished by:
(a) personal service of the owner of record or lienholder of record by certified copy of the petition or notice of hearing or;
(b) in the case of property for which there is no owner or lienholder of record, publication of notice in a newspaper of local circulation in the county where the property was seized for at least two successive weeks before the hearing.
The department shall sell any confiscated device at public auction for cash to the highest bidder in front of the county courthouse in the county where it is confiscated, after having given ten days' public notice of the sale by posting advertisement thereof on the door or bulletin board of the county courthouse or by publishing the advertisement at least once in a newspaper of general circulation in the county. Upon sale, the department shall pay over the net proceeds, after payment of the proper costs and expenses, if any, of the seizure, advertisement, and sale, including any proper expense incurred for the storage of the confiscated device, to the State Treasurer for deposit in the Fish and Wildlife Protection Fund. When the device is of greater value than one thousand dollars, the owner may at any time before sale redeem it by paying to the department the sum of one thousand dollars. When the device is of lesser value than one thousand dollars, the owner may at any time before sale redeem it by paying to the department the retail market value. The sums received by the department must be deposited in the game protection fund pursuant to the provisions of this section.
SECTION 50-11-745. Releasing confiscated property to innocent owner or lienholder; failure to recover property.
(A) Notwithstanding another provision of law, the Department of Natural Resources may administratively rel