Current State Legislation Affecting the Out-of-Doors

Legislative Priorities for 2010

Priority Bills

S. 452 – Surface Water Permitting and Protection - Senator Paul Campbell, SC currently has no laws that provide permits or regulation of the withdrawal and use of surface water from rivers, lake and streams. S.452 would regulate these withdrawals, however it is weaker than sportsmen would like. We are working to build support for amendments that will improve S.452 and make it more friendly to wildlife and boater interests. This is among the most important environmental and conservation bills of this decade and it is very important to sportsmen that a good bill pass next year. This bill is in by the Senate Agriculture and Natural Resources Committee.

H. 3723 - Representative Jeff Duncan – Provides for an additional permit for “hunting deer with a dog”, provides for additional requirements and fines for violations. Assigned to the House Agriculture and Natural Resources-Wildlife Subcommittee. This bill will likely be considered. by the Committee in January 2010.

H. 3924 Rep. Jim Harrison - Prescribed Fire - The Camo Coalition supports the use of prescribed fire and supports legislation to protect and enhance this important management tool.

SC Conservation Bank- Support full formula funding and removal of the “death clause”.

Resource Agency Budgets Support funding for the SC Department of Natural Resources, SC Department of Parks Recreation and Tourism the SC Commission of Forestry and the SC Department of Agriculture. Budgets of these agencies have been reduced by a greater percentage than other state agencies and their ability to manage our state’s natural resources is greatly diminished. The Camo Coalition strongly supports funding for Natural Resource Management.

H.3541 - Bear Hunting Amendments This bill by Representative David Hiott of Pickens amends bear hunting laws statewide and allows DNR to establish a bear hunting season outside of Game Zone 1. Bill has passed the House and been assigned to the Senate Fish, Game and Forestry Committee.

Resolution-Children’s Outdoor Bill of Rights
D R A F T Only – Not for publication

Whereas, spending time outdoors in the woods, fields and streams is a healthy and emotionally satisfying experience for people of all ages, and is especially beneficial for our children, affording them an enjoyable way to get physical exercise, enhance mental and social development and gain an appreciation for South Carolina’s great array of natural areas and diverse wildlife; and

Whereas, growing evidence suggests the trend in children’s declining mental and physical health and their separation from nature are linked; and

Whereas, outdoor recreation results in tangible economic benefits to families and communities through reduction of health care costs, recruitment of families and businesses seeking active and aesthetic communities, and increased local spending; and

Whereas, numerous studies document that children who participate in outdoor activities are healthier, do better in school, have better social skills and self-image and lead more fulfilled lives; and

Whereas, the growing disconnect between children and nature is a concern that resonates across all demographic and cultural segments of our society; and

Whereas, by providing opportunities for children to connect with the out-of-doors, we enhance opportunities for greater public health, child welfare, community well-being, environmental education, increased tourism, fish and wildlife conservation and ongoing land management; and

Whereas, the South Carolina Children’s Outdoor Bill of Rights provides that every child has the right to

•Swim in a healthy lake or wade in an unpolluted stream
•Build a sandcastle
•Camp out under the stars
•Climb a tree
•Catch a fish or learn to hunt in a safe and sustainable way
•Hike a public trail
•Watch a bird in its natural habit
•Listen to a cricket, bird, or frog in a quiet and serene setting
•Smell a wildflower
•Explore nature
•Volunteer to help wildlife
•Celebrate South Carolina’s outdoor heritage

Bills Opposed by the Camo Coalition

H.3004 Transfer of DNR Wildlife Enforcement Officers to the SC Department of Public Safety (Highway Patrol) - Rep. Dan Cooper R-Anderson (Referred to House Agriculture and Natural Resources Committee). Strongly Oppose - This proposes to move the DNR Wildlife Officers and the entire Law Enforcement budget to the SC Department of Public Safety (Highway Patrol). This move would separate this excellent group of dedicated conservation law enforcement officers from our traditional sportsmen’s agency and our DNR Board and place it in an agency that is run by a secretary appointed by the Governor. Hunters and fisherman pay for the services provided by DNR law enforcement through licenses and fines. We fear that the wildlife conservation mission will be eroded and funding will be diverted to the Highway Patrol which is also constantly in need of resources. Overall, the Camo Coalition, along with other sportsmen’s organizations, view this potentially devastating action.

H.3271 - Bill to allow deer baiting in the Piedmont Rep. Jeff Duncan, R-Laurens (Assigned to the Wildlife Subcommittee of the House Agriculture and Natural Resources Committee) This bill proposes to allow baiting of deer in the Piedmont.
S.177 - Senator Massey - Allows Baiting for Deer in the Piedmont This bill is the same as H3271 above. This bill is on the Senate contested calendar.
H.3881 - Rep Tom Young and others – Sets a statewide Turkey Season to run from March 15 – May 1. Assigned to the House Agriculture and Natural Resources Committee.

Important Legislation that passed in the 2009 Legislative year:

Constitutional Right to Hunt and Fish The Camo Coalition supported a Joint Resolution to propose an amendment to the state constitution to protect our right to hunt and fish. This proposed constitutional amendment, which includes important amendments requested and supported by the Camo Coalition, will be on the ballot to be voted on by all voters in the general election on November 2, 2010. The question to be put to voters will be:

"Must Article I of the Constitution of this State, relating to the declaration of rights under the state's Constitution, be amended by adding Section 25 so as to provide that hunting and fishing are valuable parts of the state's heritage, important for conservation, and a protected means of managing nonthreatened wildlife; to provide that the citizens of South Carolina shall have the right to hunt, fish, and harvest wildlife traditionally pursued, subject to laws and regulations promoting sound wildlife conservation and management as prescribed by the General Assembly; and to specify that this section must not be construed to abrogate any private property rights, existing state laws or regulations, or the state's sovereignty over its natural resources? Yes [] No []"

The Camo Coalition will be working to elicit support for this constitutional amendment from voters from throughout the state. We will need the help of a broad base of sportsmen’s groups to make a good showing in support of our hunting and fishing heritage next fall.

SC Conservation Bank Funding – Success! The Legislature, even with problems posed by a bad budget year, provided $2.2 million to the SC Conservation Bank for the protection of wildlife habitat. Since its inception, the Bank has spent $80 million to protect over 152,720 acres of land at an average cost of $534 per acre. The Conservation Bank has partnered in funding the purchase of 58,332 acres of land that is permanently dedicated to the SC Wildlife Management Area (WMA) program for the benefit of sportsmen and wildlife.

H.3121 Turtle Export Bill - Rep. James Smith - Passed and Signed by Governor. The export of freshwater turtles from South Carolina is now regulated and limited to ten per day. A new law halts the harvest of tens of thousands of our turtles and their shipment as food products to Asia. This new law does not affect the right to possess turtles for pets or food within the state. It also provides an opportunity for aquaculture permits for turtle culture and sale to be issued by DNR.

H.3572 Rep. David Umphlett – Passed and Signed by Governor- Amends Crappie and flounder laws.
Crappie Fishing in Lake Murray-Now unlawful to take or possess more than twenty crappie per day. It is also unlawful to take or possess crappie less than eight inches in total length.
Flounder Population Study Program and catch limits-Amends "Section 50-5-2017. Establishes a 5 year Flounder Population Study Program to be administered by the Department of Natural Resources. The program, which begins January 1, 2010, and ends December 31, 2015, will study the effects of flounder catch limits and prohibits lights powered by generators on summer flounder, located in the waters of Murrells Inlet Estuary, Pawleys Island Estuary, and the creeks of Litchfield flowing into Pawleys Island Estuary. The flounder limit in these areas is 10 per day for any individual, not to exceed twenty, and outlaws the use of any type of artificial illumination powered by a generator while gigging or fishing for flounder from a boat or wading in the water.

H.3131 Rep. Toole-Official State Wildlife Designations and Bird Egg Protections
Wood Duck Designated as Official State Duck - The 'wood duck' (Aix sponsa) also known as the summer duck and the Carolina duck is now the official state duck.
Official state marine mammal designated - The 'bottlenose dolphin' (Tursiops truncatus) is designated as the official state marine mammal."
Official state migratory marine mammal designated - The 'northern right whale' (Eubalaena glacialis) is now the official state migratory marine mammal.
Protection of nest with birds or eggs present - Protects active nests or the eggs of a wild bird and prohibits possessing an active nest or eggs, without a permit issued by the DNR. Bill became law without the signature of the Governor on 6/3/09.

H.3635 - Amendments to Saltwater Fishing – Shore based and pier fishermen must now possess a license.

This legislation, committee members and much more can be found at the state legislative website: http://www.scstatehouse.gov