Current Status Introducing Body:House Bill Number:4671 Primary Sponsor:Baker Committee Number:20 Type of Legislation:GB Subject:Traps, certain provisions for fish and game Residing Body:House Current Committee:Agriculture, Natural Resources, and Environmental Affairs Computer Document Number:NO5/8290.BD Introduced Date:Apr 02, 1992 Last History Body:House Last History Date:Apr 02, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Baker Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4671 House Apr 02, 1992 Introduced, read first time, 20
referred to Committee
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TO AMEND SECTION 50-11-2410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON CERTAIN TRAPS USED TO TAKE ANIMALS, SO AS TO AUTHORIZE THE USE OF A DOG-PROOF RACCOON TRAP; SECTION 50-11-2420, RELATING TO COMMERCIAL FUR LICENSES, SO AS TO REQUIRE TRAPPER EDUCATION COURSES AND PROVIDE AN EXCEPTION; SECTION 50-11-2440, RELATING TO THE REQUIREMENTS OF TENDING TRAPS, SO AS TO REQUIRE AN ANIMAL RELEASE/CONTROL SNARE; AND SECTION 50-11-2540, RELATING TO THE TRAPPING SEASON, SO AS TO REVISE THE LENGTH OF THE SEASON ACCORDING TO CERTAIN GAME ZONES AND CHANGE A REFERENCE TO THE DIRECTOR OF GAME AND FRESHWATER FISHERIES TO THE WILDLIFE AND MARINE RESOURCES DEPARTMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-11-2410 of the 1976 Code is amended to read:
"Section 50-11-2410. (A) It is unlawful for any a person to sell, make, or use a foot-hold trap or any like a similar device within this State. This prohibition does not apply to:
(1) foot-hold traps of a size number three or smaller made, sold, or used by the owner, leaseholder, or owner's employee for the protection of property when the devices are set within two hundred yards of the person's residence or within twenty-five yards of any a poultry house, nor does this section apply to;
(2) merchants who have such the traps for sale outside this State.
(B) The use of body gripping traps of the Conibear type may be used without bait or scents for vertical water sets and vertical slide sets only.
(C) It is lawful to use foot-hold traps of a size number two or smaller for land sets and a size number three or smaller for water sets in Game Zones 1, 2, 3, 4, 6, 7, 10, and 11 inclusive. The use of foot-hold traps in Game Zones 5, 8, and 9 may be allowed with the approval of the majority of the legislative delegation for the game zone involved.
(D) The legislative delegations for any a game zone may elect to restrict the use of the foot-hold trap and the Conibear trap, except when it is used as permitted in the preceding paragraph this section, by a majority vote. A petition signed by the members allows or prohibits the use of foot-hold traps. The petition must be forwarded to the department. The initiative for the petition must originate with the members of the delegations for the respective game zone. The approval or repeal remains in effect for no less than one year.
(E) It is lawful to use a dog-proof raccoon trap known under the brand name `EGG'."
SECTION 2. Section 50-11-2420 of the 1976 Code is amended to read:
"Section 50-11-2420. (A) In addition to a valid state hunting license, a commercial fur license is required of all persons who sell or take by any means, except trapping, furbearing animals for commercial purposes and all persons who trap or who attempt to trap any furbearing animals. The license is issued by the South Carolina Wildlife and Marine Resources Department at a cost of ten dollars for residents and one hundred dollars for nonresidents. The license and is valid for the fiscal year for which issued.
(B) Any A person taking animals under authority of a commercial fur license shall carry the license on his person. Any A person having in his possession more than five furbearing animals or pelts shall must have a valid commercial fur license.
(C) The provisions of Applicants for a commercial fur license shall complete a trapper education course approved by the department. This educational requirement does not apply to applicants who only use nontrap methods of fur harvesting.
(D) This section do does not apply to a processor, manufacturer, or retailer."
SECTION 3. Section 50-11-2440 of the 1976 Code is amended to read:
"Section 50-11-2440. A trapper shall visit his traps daily and remove any animal animals caught but no. However, a trapper may not visit any a trap at night, and no a trap may must not be set `in the open' or in paths, roadways, or runways commonly used by persons or domestic animals. A trapper must have an animal release/control snare in his possession while tending traps."
SECTION 4. Section 50-11-2540 of the 1976 Code is amended to read:
"Section 50-11-2540. It is lawful to trap furbearing animals for commercial purposes from January first to through March first of each year in all game zones except Game Zones 1, 2, and 4 where the season is December 1 through February 10. The trapping season may not exceed sixty days each year under any circumstances. It is unlawful to trap any at other times unless authorized by the director of game and freshwater fisheries department. It is lawful to take furbearing animals by other lawful means during the established general open hunting seasons established therefor."
SECTION 2. This act takes effect July 1, 1992.