2005 South Carolina Code of Regulations § 55-11. — Price Changes for Forest Tree Seedlings.

STATE COMMISSION OF FORESTRY

(Statutory Authority: 1976 S.C. Code Sections 48-23-10 et seq. and 50-1-90)

55-1. General Regulations on South Carolina Forestry Commission Lands.

1. Entry onto South Carolina Forestry Commission lands is done wholly and completely at the risk of the individual. The State of South Carolina nor the South Carolina Forestry Commission accepts any responsibility for acts, omissions or activities or conditions on these lands which cause or may cause personal injury or property damage.

2. All persons must obey all special rules and regulations for South Carolina Forestry Commission lands including those found in hunting schedules, maps, brochures, permits, any oral/written instructions issued by South Carolina Forestry Commission personnel or those instructions posted on South Carolina Forestry Commission lands.

3. Trespassing, fishing, hunting, killing, capturing or taking any fish or game, other recreational activities, or attempting such act, are prohibited, except as may be authorized under these rules and regulations, by permit or special authorization. On South Carolina Forestry Commission lands, where an agreement is made between the South Carolina Forestry Commission and the South Carolina Department of Natural Resources to make the lands Wildlife Management Areas as established by Section 50-11-2200 of the South Carolina Code of Laws, hunting and fishing rules and regulations will be regulated by the South Carolina Department of Natural Resources regulation 123-40.

4. On South Carolina Forestry Commission lands, no motor driven land conveyances shall be operated on any road or trail, other than a public road, except by permit or special authorization, unless otherwise specified. Roads or trails which are closed by barricades and/or signs either permanently or temporarily, are off limits to motor driven land conveyances.

5. Motor driven land conveyances shall be operated in a safe manner while on South Carolina Forestry Commission lands.

6. On South Carolina Forestry Commission lands, any person found guilty in a court of law of undesirable or unsafe conduct, may, at the discretion of the Forest Director, forfeit all permits and privileges thereto and/or all future permits dependent upon the seriousness of the offense.

7. On South Carolina Forestry Commission lands, during periods when hunting is not permitted, all weapons must be unloaded and secured in a case, or in the trunk of a vehicle, or in a locked toolbox. During periods when hunting is permitted, all weapons must be unloaded on roads open to vehicular traffic and all weapons, transported in or on a vehicle, must be unloaded. Any weapon with a shell in the chamber or magazine, or muzzleloader with a cap on the nipple or flintlock with powder in the flash pan is considered loaded. Provisions in #7 are not applicable to pistols as prescribed in statute 16-23-20 of the South Carolina Code of Laws.

8. On South Carolina Forestry Commission lands, no target practice is permitted except in designated areas.

9. The hours for hunting and fishing shall be published. The said hours may be set short of state and federal regulations.

10. Any attempt to move/flush/drive/pursue game to or into hunters on lands adjoining South Carolina Forestry Commission lands is prohibited.

11. Waiting for game to cross county or state roads on South Carolina Forestry Commission lands is prohibited.

12. Molesting, injuring, poisoning, destroying, or attempting such acts, of any plant or animal life on South Carolina Forestry Commission lands are prohibited except by permit.

13. Entry onto South Carolina Forestry Commission lands constitutes consent to an inspection and search of the person, game bag, or creel and any vehicle, trailer, conveyance or container.

14. On all lands owned by the South Carolina Forestry Commission, the removal of artifacts or ecofacts from the surface or subsurface is prohibited except when approved by the State Historic Preservation Office and carried out in accordance with their guidelines.

15. In accordance with Section 48-23-70(b), 1976 S. C. Code of Laws, as amended, any person violating this section will be guilty of a misdemeanor and upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

16. The penalty for fishing or hunting on any forest area, other than those times specified by the South Carolina Forestry Commission, shall be as prescribed by Section 50-1-90, 1976 South Carolina Code of Laws, as amended.

Except as modified or changed hereby, all prevailing laws, rules and regulations concerning the South Carolina Forestry Commission shall remain in full force and effect.

55-2 to 55-5. Repealed by State Register Volume 28, Issue No. 5, eff May 28, 2004.

55-2 to 55-5. Repealed by State Register Volume 28, Issue No. 5, eff May 28, 2004.

55-2 to 55-5. Repealed by State Register Volume 28, Issue No. 5, eff May 28, 2004.

55-2 to 55-5. Repealed by State Register Volume 28, Issue No. 5, eff May 28, 2004.

55-6. Hunting and Fishing Regulations on State Forest Lands Established as Wildlife Management Areas.

Any State Forest lands, established as Wildlife Management Areas by cooperative agreement between the S.C. Forestry Commission and the S.C. Wildlife and Marine Resources Department, will be governed by appropriate Wildlife Management Area Regulations of the S.C. Wildlife and Marine Resources Department. S.C. Forestry Commission Regulations, which govern hunting and fishing activities on State Forests lands, will not apply to areas of State Forests established as Wildlife Management Areas.

55-10. Allocation of Forest Tree Seedlings in Short Supply.

When it is determined that seedling orders for species with limited quantities will exceed the supply available the seedlings of this species will be allocated using a public drawing. This drawing will be held at the Columbia Headquarters of the Commission of Forestry. Names of landowners will be placed in a container. Drawings from this container will continue until the projected supply of seedlings is exhausted and all names have been drawn. Each name will be given a numerical priority.

1. To be eligible for the drawings, orders for seedlings must be received in the S. C. Commission of Forestry Headquarters between July 1 and August 31.

2. The public drawing will be held on the 2nd Tuesday in September at 10:00 a.m. in the lobby of the Forestry Commission Headquarters at 5500 Broad River Road.

3. The number of seedlings that each landowner will receive will be limited to a number set by the Commission of Forestry prior to the drawing.

4. Payment for the seedlings ordered must accompany the order.

5. All landowners whose names are drawn will be advised by mail.

6. Checks for seedlings from landowners whose names are not high enough on the priority list to receive the species preferred will be returned. These landowners will be advised of other species available that they may wish to use as substitutions.

7. Because there is always a possibility that natural disasters may further reduce the number of seedlings available, those landowners whose names are chosen toward the end of the drawing may also be asked to make substitutions.

8. If an allocation is later cancelled by a landowner for any reason the landowner highest on the priority list that did not receive the species desired will be given the option of using the cancelled allocation. This process will be continued until all seedlings are allocated.

55-11. Price Changes for Forest Tree Seedlings.

The price charged for forest tree seedlings be established each year by the South Carolina State Commission of Forestry. Said price not to exceed the average cost of production of forest tree seedlings. The price list for each sale is to be available from the headquarters of the South Carolina State Commission of Forestry located on Broad River Road, Columbia, South Carolina, Post Office Box 21707, Columbia, South Carolina 29221.