(A) Subject to available funding, the department shall acquire sufficient wildlife habitat through lease or purchase or otherwise to establish wildlife management areas for the protection, propagation, and promotion of fish and wildlife and for public hunting, fishing, and other natural resource dependent recreational use. The department may not have under lease at any one time more than one million six hundred thousand acres in the wildlife management area program. The department may not pay more than fair market value for the lease of lands in the area. The department may not lease land for the program which, during the preceding twenty-four months, was held under a private hunting lease. However, this restriction does not apply:
(1) if the former lessee executes a voluntary consent to the proposed wildlife management area lease;
(2) if the lessor cancels the lease; or
(3) to any lands which, during the twenty-four months before June 5, 1986, were in the game management area program.
(B) The department may promulgate regulations for the protection, preservation, operation, maintenance, and use of wildlife management areas and Heritage Trust areas and those other lands owned by the department.
(C) The following acts or conduct are prohibited and shall be unlawful on all wildlife management areas, state lakes and ponds owned or leased by the department, heritage preserves owned by the department, and all other lands owned by the department; provided, however, the department may promulgate regulations allowing any of the acts or conduct by prescribing acceptable times, locations, means, and other appropriate restrictions not inconsistent with the protection, preservation, operation, maintenance, and use of such lands and areas:
(1) hunting or taking wildlife or fish;
(2) exceeding bag or creel limits;
(3) hunting or taking wildlife or fish by unauthorized methods, weapons, or ammunition;
(4) hunting or taking wildlife or fish during closed seasons, days, or times;
(5) hunting or taking wildlife by aid of bait or feeding or baiting wildlife;
(6) hiking;
(7) rock climbing or rappelling;
(8) operation of motorized and nonmotorized vehicles;
(9) swimming;
(10) camping;
(11) horse riding;
(12) staging or participating in "paintball", "airsoft", or similar games;
(13) possession of pets and specialty animals;
(14) use of fire, fireworks, or explosives;
(15) polluting or contaminating any land or water;
(16) acting in a disorderly manner or creating any noise which would result in annoyance to others and no person shall operate or use electronic sound devices except as permitted by the department;
(17) consumption of alcoholic beverages or possession of open containers of alcoholic beverages on lands and areas designated for hunting or fishing;
(18) conducting commercial activity or using the area for commercial gain, except by permit;
(19) gathering, damaging, or destroying rocks, minerals, fossils, artifacts, geological formations, or ecofacts, except by permit;
(20) gathering, damaging, or destroying plants, fallen vegetation, animals, and fungi except to the extent these activities are authorized by permit, or are incidental to other activities authorized in wildlife management areas by this title;
(21) entering a closed area or unauthorized entry;
(22) launching or landing parachutes or parasails or aircraft including models or remotely piloted aircraft and similar devices, except for law enforcement or emergencies;
(23) placing temporary or permanent structures on these lands and areas, except permitted stands and blinds;
(24) obstructing or creating a hazard to land or water traffic or obstructing a watercourse;
(25) operating a motor vehicle in or across watercourses other than at designated fording sites;
(26) posting bills, signs, or other notices;
(27) indecently exposing one's person or performing an indecent act in public;
(28) abandoning vehicles, equipment, or other material;
(29) defacing, altering, destroying, or removing any sign, marker, guidepost, fence, gate, lock, barrier, improvement, building, bridge, culvert, structure, natural landmark, or feature;
(30) geocaching;
(31) use or possession of metal detectors, except by permit;
(32) digging or excavating, except by permit;
(33) use of herbicides or pesticides, excluding insect repellent;
(34) introducing nonnative or cultivated plants or other organisms, or releasing an animal;
(35) cutting or collecting of firewood, except by permit;
(36) discharging weapons or target shooting, except in areas designated by the department;
(37) trapping;
(38) shooting onto or across WMA areas closed to hunting or attempting to take wildlife on WMA areas closed to hunting;
(39) use or operation of watercraft; and
(40) depositing refuse, garbage, or other waste materials.
(D) The department or emergency service personnel may undertake these activities for enforcement, emergencies, or management purposes.
(E) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or be imprisoned for not more than thirty days, or both.
(F) As used in this section "bait", "baiting", or "feeding" means placing, depositing, exposing, distributing, or scattering of shelled, shucked, or unshucked corn, wheat, or other grain or food stuffs to constitute an attraction, lure, or enticement for wildlife to, on, or over an area. "Baited area" means an area where bait or feed is directly or indirectly placed, deposited, exposed, distributed, or scattered, and the area remains a baited area for ten days following the complete removal of all bait or feed. Nothing in this section prohibits the hunting and taking of wildlife on or over lands or areas that are not otherwise baited and where:
(1) there are standing crops on the field where grown, including crops grown for wildlife management purposes; or
(2) shelled, shucked, or unshucked corn, wheat, or other grain, or seeds that have been distributed or scattered solely as the result of a normal agricultural practice as prescribed by the Clemson University Extension Service or its successor.
(G) An activity permitted by regulation may be temporarily suspended for up to one hundred eighty days if the activity is adversely affecting natural resources or human health or safety.
(H) Nothing contained in this section shall interfere with the use and management of lands by a state agency in charge of these lands in the functions of the agency as authorized by law.
HISTORY: 1988 Act No. 561, Section 1; 1993 Act No. 181, Section 1262; 1996 Act No. 372, Section 3; 2001 Act No. 70, Section 1; 2007 Act No. 84, Section 1, eff June 14, 2007; 2009 Act No. 63, Section 1, eff June 2, 2009; 2014 Act No. 234 (S.1177), Section 1, eff June 2, 2014.
Effect of Amendment
The 2007 amendment, in paragraph (A)(3), in the second sentence substituted "promulgate regulations for hunting and taking wildlife" for "establish open and closed seasons, bag limits, and methods for hunting and taking wildlife"; in subsection (B), substituted "wildlife management areas" for "land owned by the department"; in subsection (C), substituted "all wildlife management areas and all other lands" for "land" and added paragraph (17) relating to possession of alcoholic beverages; and added subsection (E).
The 2009 amendment rewrote this section.
2014 Act No. 234, Section 1, rewrote subsection (C), and in subsection (F), added a comma after "shucked".
Structure South Carolina Code of Laws
Title 50 - Fish, Game and Watercraft
Chapter 11 - Protection Of Game
Section 50-11-15. Baiting prohibited in area over which migratory birds are hunted; penalties;.
Section 50-11-22. Harming actively nesting waterfowl or disturbing nest or nest box; penalties.
Section 50-11-27. Hunting and baiting on Lake Murray; violations and penalties.
Section 50-11-28. Unlawful to hunt migratory waterfowl on Lake Greenwood; penalties.
Section 50-11-29. Unlawful to hunt migratory waterfowl on Lake Wateree; penalties.
Section 50-11-30. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.
Section 50-11-32. Hunting waterfowl on Lake Marion; penalty.
Section 50-11-33. Hunting migratory waterfowl on portions of Lake Marion; penalties.
Section 50-11-34. Hunting migratory waterfowl on portions of Lake Marion; penalty; markers.
Section 50-11-35. Hunting migratory fowl in Murrell's Inlet Creek.
Section 50-11-36. Hunting migratory waterfowl on Lake Keowee.
Section 50-11-37. Hunting migratory waterfowl on Broadway Lake.
Section 50-11-38. Hunting migratory waterfowl on Lake Moultrie.
Section 50-11-45. Certain rifle defined as primitive weapon.
Section 50-11-65. Training of bird dogs.
Section 50-11-90. Controlled substances for the capture and immobilization of wildlife.
Section 50-11-96. Introduction of fertility control agents into wildlife; exceptions; penalties.
Section 50-11-105. Wildlife disease control; regulation of wildlife shipments; euthanasia.
Section 50-11-110. Small game defined.
Section 50-11-120. Small game seasons.
Section 50-11-150. Small game bag limits.
Section 50-11-160. Unlawful to trap rabbits; exceptions.
Section 50-11-170. Repealed by 2008 Act. No. 286, Section 11, eff June 11, 2008.
Section 50-11-300. Species constituting big game.
Section 50-11-310. Open season for antlered deer.
Section 50-11-320. Issuance of tags for hunting and taking deer; penalties.
Section 50-11-340. Penalty for hunting deer during closed season.
Section 50-11-350. Illegally taking deer; penalty.
Section 50-11-355. Hunting deer near residences with firearm; penalties.
Section 50-11-356. Discharging weapon near poultry layer or broiler house prohibited; penalties.
Section 50-11-360. Taking or attempting to take elk; penalty.
Section 50-11-365. Wearing of international orange while on Wildlife Management Area lands.
Section 50-11-380. Repealed by 2010 Act No. 211, Section 5, eff June 8, 2010.
Section 50-11-390. Departmental authority over game zones.
Section 50-11-430. Bear hunting; unlawful acts; penalties.
Section 50-11-435. Weight restriction on bear taken; penalties.
Section 50-11-440. Black bears; feeding or enticing with food; penalty.
Section 50-11-450. Unprocessed bait authorized in Game Zone 4.
Section 50-11-500. Provisions applicable to wild turkey.
Section 50-11-510. Prohibition against baiting wild turkeys; definitions.
Section 50-11-515. Use of wild turkey feathers in art.
Section 50-11-525. Authority to promulgate regulations.
Section 50-11-544. Wild turkey tags.
Section 50-11-546. Electronic harvest reporting system.
Section 50-11-550. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.
Section 50-11-565. Archery equipment defined.
Section 50-11-590. Youth Turkey Hunting Weekend.
Section 50-11-600. Falconry; unlawful acts; penalties; regulations.
Section 50-11-700. Definitions.
Section 50-11-717. Use of artificial lights at night; exceptions.
Section 50-11-730. Unlawful to hunt, shoot, or kill deer from a water conveyance; penalties.
Section 50-11-750. Unlawful to feed or entice with food any alligator; exceptions; penalties.
Section 50-11-780. Dogs engaged in hunting not required to be constrained by leash.
Section 50-11-840. Destroying active wild bird nest or eggs; permit for removal.
Section 50-11-850. Unlawful to transport resident or migratory wild nongame bird; exceptions.
Section 50-11-851. Shooting, killing, or maiming of "carrier pigeon" prohibited; penalties.
Section 50-11-852. Unlawful to molest or kill birds of prey; bald eagles; penalties.
Section 50-11-854. Seasons and bag limits for hunting and taking crows.
Section 50-11-860. Department to designate and establish sanctuaries; agreements with landowners.
Section 50-11-870. Bird sanctuaries declared in certain areas; hunting waterfowl on Lake Wylie.
Section 50-11-875. Bird sanctuary within City of Charleston.
Section 50-11-890. Bird and squirrel sanctuaries declared in certain areas.
Section 50-11-900. Nongame bird sanctuaries declared in certain areas.
Section 50-11-910. Francis Beidler Forest declared wildlife sanctuary.
Section 50-11-915. Playcard Environmental Education Center sanctuary in Horry County.
Section 50-11-920. Kershaw County park declared wildlife sanctuary.
Section 50-11-925. South Carolina Future Farmers of America Camp Wildlife Sanctuary.
Section 50-11-935. Lake Conestee Nature Park declared wildlife sanctuary.
Section 50-11-940 to 50-11-941. Repealed by 2013 Act No. 4, Section 2, eff March 4, 2013.
Section 50-11-950. Certain lands owned by Brookgreen Gardens declared wildlife sanctuary.
Section 50-11-960. Paris Mountain Wildlife Sanctuary designated.
Section 50-11-961. Greenville Technical College campus declared wildlife sanctuary.
Section 50-11-970. Certain lands owned by Lake Dogwood Corporation designated waterfowl sanctuary.
Section 50-11-990. Penalties for hunting or trespassing upon land designated sanctuary.
Section 50-11-1050. Permit to remove destructive wildlife.
Section 50-11-1060. Repealed by 2012 Act No. 257, Section 14, eff June 18, 2012.
Section 50-11-1070. Repealed by 2012 Act No. 257, Section 14, eff June 18, 2012.
Section 50-11-1080. No closed season on coyotes.
Section 50-11-1090. Authority of department to permit taking of game animal; requirements.
Section 50-11-1130. Authorization for landowners to kill raccoons and squirrels destroying crops.
Section 50-11-1150. Authority of department to trap predatory animals.
Section 50-11-1160. Authority of certain Federal employees to trap predatory animals.
Section 50-11-1200. Operating licenses for privately owned shooting preserves.
Section 50-11-1205. Licensing of new preserves.
Section 50-11-1210. Annual fees.
Section 50-11-1220. Preserve acreage requirements.
Section 50-11-1230. Designation of boundaries.
Section 50-11-1240. Repealed by 2010 Act No. 233, Section 13, eff July 1, 2010.
Section 50-11-1250. Legal shooting preserve species.
Section 50-11-1270. Shooting season.
Section 50-11-1280. Harvest limits.
Section 50-11-1300. Stocking private preserve.
Section 50-11-1310. Permit to operate quail call pen trap.
Section 50-11-1320. Care of penned animals.
Section 50-11-1330. Maintenance of records; copies to department.
Section 50-11-1350. "Pen-raised quail" defined.
Section 50-11-1360. Authorization to engage in business of propagating pen-raised quail.
Section 50-11-1370. Commercial quail breeder's license.
Section 50-11-1390. Revocation of or refusal to issue breeders license.
Section 50-11-1400. Sale of pen-raised quail.
Section 50-11-1420. Copy of invoice of pen-raised quail sold or shipped in State.
Section 50-11-1430. Killing of pen-raised quail.
Section 50-11-1440. Trapping wild quail.
Section 50-11-1450. Violation of article, penalty.
Section 50-11-1750. Application to ship game birds or animals.
Section 50-11-1765. Possession, importation, or sale of live wolves.
Section 50-11-1910. Sale of deer or deer parts; penalties.
Section 50-11-1930. Sale or purchase of willet or dove prohibited.
Section 50-11-1940. Unlawful to buy or barter for sale wild quail; penalty.
Section 50-11-1950. Possession and sale of pheasant eggs permitted.
Section 50-11-2215. Noninterference with agency duties and landowner rights.
Section 50-11-2225. Trespass on closed area; penalties.
Section 50-11-2240. Wildlife management area lottery hunt.
Section 50-11-2300. Operation Game Thief Program created; funding.
Section 50-11-2310. Purposes for which program funds may be expended.
Section 50-11-2320. Program funds to be expended in certain order.
Section 50-11-2400. Definitions.
Section 50-11-2420. Repealed by 2012 Act No. 257, Section 14, eff June 18, 2012.
Section 50-11-2430. Proof of ownership or permission to use land on which traps are set.
Section 50-11-2440. Frequency of visitations.
Section 50-11-2445. Removal of trapped wildlife by owner of trap or owner's designee; penalties.
Section 50-11-2450. Commercial fur licensees to report annually to department.
Section 50-11-2460. Traps allowed for trapping; traps to bear owner's name and address.
Section 50-11-2470. Fur dealer, buyer, and processor's license.
Section 50-11-2475. Fur processor's license.
Section 50-11-2480. Persons not required to obtain fur buyer's license.
Section 50-11-2515. Prohibited acts.
Section 50-11-2560. Penalties.
Section 50-11-2565. Penalties.
Section 50-11-2570. Issuance of special permit to capture destructive wildlife.
Section 50-11-2575. Repealed by 2012 Act No. 257, Section 14, eff June 18,2012.
Section 50-11-2600. Definitions.
Section 50-11-2605. Coyote and fox purchase and release.
Section 50-11-2610. Enclosure permits.
Section 50-11-2620. Obtaining foxes and coyotes to stock enclosures.
Section 50-11-2630. Sales of live foxes or coyotes by trappers; records of sales.