S 1153 General Bill, By Elliott
 A BILL TO AMEND SECTIONS 50-11-2600, 50-11-2610, 50-11-2620, AND 50-11-2630,
 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING OF FOXES AND
 COYOTE IN ENCLOSED AREAS, SO AS TO PROVIDE THAT COYOTES MAY NOT BE HUNTED IN
 ENCLOSED AREAS, DOGS ARE ALLOWED TO PURSUE FOXES WITHIN AN ENCLOSED AREA, THE
 DEPARTMENT OF NATURAL RESOURCES MAY NOT ISSUE COYOTE HUNTING ENCLOSURE
 PERMITS, AN ENCLOSED AREA MAY NOT BE CONSTRUCTED WITHIN TWENTY-FIVE YARDS OF A
 PROPERTY LINE, A COMMERCIAL FUR LICENSE DOES NOT PERMIT A TRAPPER TO POSSESS,
 SELL, BARTER, OR EXCHANGE LIVE COYOTES TAKEN BY A TRAPPER, AND LIVE COYOTES
 MAY NOT BE SOLD OR TRANSFERRED TO AN OWNER OR ENCLOSURE OPERATOR OF A
 PERMITTED ENCLOSURE BY THE TRAPPER WHO TOOK THE ANIMAL.

   02/09/10  Senate Introduced and read first time SJ-8
   02/09/10  Senate Referred to Committee on Fish, Game and Forestry SJ-8

TO AMEND SECTIONS 50-11-2600, 50-11-2610, 50-11-2620, AND 50-11-2630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING OF FOXES AND COYOTE IN ENCLOSED AREAS, SO AS TO PROVIDE THAT COYOTES MAY NOT BE HUNTED IN ENCLOSED AREAS, DOGS ARE ALLOWED TO PURSUE FOXES WITHIN AN ENCLOSED AREA, THE DEPARTMENT OF NATURAL RESOURCES MAY NOT ISSUE COYOTE HUNTING ENCLOSURE PERMITS, AN ENCLOSED AREA MAY NOT BE CONSTRUCTED WITHIN TWENTY-FIVE YARDS OF A PROPERTY LINE, A COMMERCIAL FUR LICENSE DOES NOT PERMIT A TRAPPER TO POSSESS, SELL, BARTER, OR EXCHANGE LIVE COYOTES TAKEN BY A TRAPPER, AND LIVE COYOTES MAY NOT BE SOLD OR TRANSFERRED TO AN OWNER OR ENCLOSURE OPERATOR OF A PERMITTED ENCLOSURE BY THE TRAPPER WHO TOOK THE ANIMAL.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 50-11-2600(1) of the 1976 Code is amended to read:

"(1)    'Fox and coyote hunting enclosure' and 'enclosure' mean a structure that restricts the free movement of foxes and coyotes into or out of an area constructed to allow dogs to pursue foxes within the confined area."

SECTION    2.    Section 50-11-2610 of the 1976 Code is amended to read:

"Section 50-11-2610.    (A)    The department is authorized to issue fox and coyote hunting enclosure permits to an enclosure operator pursuant to the terms and provisions of this article. There is no charge for the permit. For purposes of this article a permit year is from May sixteenth of one year to May fifteenth of the next year.

(B)    An operating permit is valid only for one enclosure; additional. Additional permits are required to operate more than one enclosure. An enclosure may not be constructed within twenty-five yards of a property line. It is unlawful for a person to submit false information to the department when making application for a permit provided for in this article. Intentional misrepresentation of information submitted on the application results in the denial or revocation of the enclosure permit.

(C)    It is unlawful to operate an enclosure or hunt fox or coyote within a fox or coyote hunting enclosure that is not permitted pursuant to the provisions of this article."

SECTION    3.    Section 50-11-2620 of the 1976 Code is amended to read:

"Section 50-11-2620.    (A)    Foxes and coyotes for stocking hunting enclosures may be obtained only from a South Carolina licensed trapper and must be lawfully taken within this State during the regular trapping season.

(B)    Foxes and coyotes for stocking hunting enclosures may be obtained only by the owner or enclosure operator of a permitted enclosure. Foxes and coyotes may be released only into an enclosure that is permitted by this title by the owner or enclosure operator of the permitted enclosure.

(C)    The owner and enclosure operator shall must record all fox and coyote purchases, transfers, and releases into the hunting enclosures daily on a form provided by the department. These forms must be retained and made available for reasonable inquiry by department employees. No later than April fifteenth the owner and enclosure operator shall must furnish the department all of the daily register forms for the permit period. It is unlawful for a person to fail to report to the department as required by this section."

SECTION    4.    Section 50-11-2630 of the 1976 Code is amended to read:

"Section 50-11-2630.    (A)    A commercial fur license permits a trapper to possess, sell, barter, or exchange live foxes or coyotes taken by the trapper. The possession, sale, barter, or exchange is lawful only during the trapping season and for thirty days following the closing date of the trapping season.

(B)    Live foxes or coyotes may be sold or transferred only to an owner or enclosure operator of a permitted enclosure by the trapper who took the animal.

(C)    A trapper shall maintain accurate records on a daily basis of all sales, purchases, transfers, or exchanges on the furbearer harvest record forms provided by the department. These forms must be retained and made available for reasonable inquiry by department employees. A trapper shall furnish the department all of the daily forms and the fur harvest report for the previous year no later than April fifteenth. It is unlawful for a person to fail to report to the department as required by this section."

SECTION    5.    On the effective date of this act, any enclosure used for running dogs after prey may contain foxes and rabbits only.

SECTION    6.    This act takes effect upon approval by the Governor.