Law addresses conflict of dog drives

By Tommy Braswell
The Post and Courier
Sunday, September 5, 2010




Photo of Tommy Braswell

Back in my college days, I often had to rely on Cliff Notes in order to better comprehend something I was reading. The same can occasionally be said today when trying to understand the many rules and regulations that govern our outdoor activities. I don't question the need for a law, but sometimes I have a difficult time trying to discern its meaning.

That came up a couple of times in recent weeks when I was asked about the new "Renegade Hunter Act" which was signed into law on June 11. An upset reader called last week and read the following to me, which comes from the South Carolina Department of Natural Resources:

"It shall be unlawful for any person to hunt from any road, right of way, property line, boundary, or property upon which he does not have hunting rights with the aid or use of a dog when the dog has entered upon the land of another without written permission or over which the person does not have hunting rights. The provisions of this section apply whether the person in control of the dog intentionally or unintentionally releases, allows, or otherwise causes the dog to enter upon the land of another without permission of the landowner.

"It is not a violation of this act if a person, with the landowner's permission, uses a single dog to recover a dead or wounded animal on the land of another and maintains sight and voice contact with the dog.

"A person who violates this act is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars, no part of which may be suspended, or imprisoned for not more than thirty days, or both. In addition to any other penalties provided by law, a person convicted of a violation of this section must have his hunting privileges suspended by the department for one year from the date of his conviction. He may not have his hunting privileges reinstated by the department until after he successfully completes a hunter education class administered by the department.

"A dog that has entered upon the land of another without permission given to the person in control of the dog shall not be killed, maimed, or otherwise harmed simply because the dog has entered upon the land. A person who violates this subsection may be fined not more than five hundred dollars or imprisoned for not more than thirty days."

After reading it myself, I decided I probably should seek some clarification and contacted the Law Enforcement division of DNR.

"Although it sounds very aggressive, it's more about hunt land boundaries and road hunting and less about dog hunting (using dogs to drive deer). It's more about where you're hunting as opposed to the method of hunting," said Lt. Robert McCullough.

McCullough said a person cannot be on a property line hunting. If a hunter's dogs stray onto private property, the hunter must put his gun down in order to get his dogs back.

"If my dogs roam on your land, I need to quit hunting a put my guns up. Common courtesy is to call and say I'm coming over there (to retrieve my dogs). But I can't come on your property with my gun looking for my dogs. You've never been able to do that," McCullough said.

"I can't let my dogs run on your land and stand on the property line and continue hunting ... What I can't do is stand there and wait for my dogs to run deer back to me from your property."

McCullough said the law also prohibits someone from hunting on the road next to a piece of property they don't have permission to hunt on.

McCullough said he did not know of any cases being made thus far regarding the new law.

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