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H*3730 Session 119 (2011-2012) H*3730(Rat #0290, Act #0257 of 2012) General Bill, By Munnerlyn, Sabb, Vick, Hayes, Tribble and McLeod AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-450 SO AS TO PROVIDE THAT A COMMERCIAL FUR LICENSE, IN ADDITION TO A STATE HUNTING LICENSE IS REQUIRED OF ALL PERSONS WHO, FOR A COMMERCIAL PURPOSE, SELL OR TAKE FUR BEARING ANIMALS BY ANY MEANS AND OF ALL PERSONS WHO TRAP SUCH ANIMALS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT A PERSON UNDER THE AGE OF SIXTEEN MAY PURCHASE A COMMERCIAL FUR LICENSE WITHOUT HAVING TO PURCHASE A STATE HUNTING LICENSE AFTER COMPLETING THE TRAPPERS EDUCATION COURSE; TO AMEND SECTION 50-11-40, RELATING TO THE UNLAWFUL USE OF RECORDED SOUNDS OR AMPLIFIED IMITATIONS OF CALLS OR SOUNDS BY A PERSON TO HUNT, CATCH, TAKE, OR KILL A GAME BIRD OR GAME ANIMAL OR ATTEMPT VERSIONS OF THIS BILL
2/23/2011 4/13/2011 4/19/2011 4/26/2011 3/6/2012 3/7/2012 3/22/2012 4/18/2012 4/19/2012 6/6/2012 (A257, R290, H3730)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-450 SO AS TO PROVIDE THAT A COMMERCIAL FUR LICENSE, IN ADDITION TO A STATE HUNTING LICENSE IS REQUIRED OF ALL PERSONS WHO, FOR A COMMERCIAL PURPOSE, SELL OR TAKE FUR BEARING ANIMALS BY ANY MEANS AND OF ALL PERSONS WHO TRAP SUCH ANIMALS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT A PERSON UNDER THE AGE OF SIXTEEN MAY PURCHASE A COMMERCIAL FUR LICENSE WITHOUT HAVING TO PURCHASE A STATE HUNTING LICENSE AFTER COMPLETING THE TRAPPERS EDUCATION COURSE; TO AMEND SECTION 50-11-40, RELATING TO THE UNLAWFUL USE OF RECORDED SOUNDS OR AMPLIFIED IMITATIONS OF CALLS OR SOUNDS BY A PERSON TO HUNT, CATCH, TAKE, OR KILL A GAME BIRD OR GAME ANIMAL OR Be it enacted by the General Assembly of the State of South Carolina: Commercial fur license required, exceptions SECTION 1. Article 4, Chapter 9, Title 50 of the 1976 Code is amended by adding:
"Section 50-9-450. (A) In addition to a valid state hunting license, an annual commercial fur license is required of all persons who sell or take by any means, for commercial purposes, and all persons who trap or who (B) A person under the age of sixteen may purchase a commercial fur license without having to purchase a state hunting license after completing the 'Trappers Education Course'. (C) A person under the age of sixteen is exempt from the licensing requirements of this section while in the presence of a commercial fur licensee, but may not sell any fur bearing animals or raw or green pelts unless licensed." Applicability of section SECTION 2. Section 50-11-40 of the 1976 Code is amended to read:
"Section 50-11-40. (A) It is unlawful for a person to hunt, take, or (B) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than one hundred dollars." No closed season SECTION 3. Section 50-11-1080 of the 1976 Code is amended to read: "Section 50-11-1080. There is no closed season for hunting or taking coyotes with weapons." Definitions added and revised SECTION 4. Section 50-11-2400 of the 1976 Code is amended to read: "Section 50-11-2400. For the purpose of this article: (a) 'Fur bearing animal' includes red and gray fox, coyote, raccoon, opossum, muskrat, mink, skunk, otter, bobcat, weasel, or beaver. (b) 'Fur buyer' means any person who purchases any whole fur bearing animal, raw or green furs, pelts, or hides.
(c) 'Take' means to shoot, wound, kill, trap, capture, or collect, or (d) 'Commercial purposes' means taking or possessing any fur, pelt, hide, or whole animal for exchange, sale, trade, or barter and taking or possessing more than five furs, pelts, hides, or whole animals.
(e) 'Trapper' means any person who takes or (f) 'Trap' means any device, other than a weapon, designed or constructed for taking animals. (g) 'Foot-hold trap' means a steel-jawed, spring-loaded device designed to capture the animal by the foot. (h) 'Live trap' means any box or cage designed for capturing and holding any animal unharmed. (i) 'Processor' means any person engaged in tanning or dressing furs, pelts, or hides of fur bearing animals for commercial purposes. (j) 'Transfer' includes selling, bartering, exchanging, and transporting. (k) 'Owner' means an individual or entity that owns property or equipment. (l) 'Agent' means an individual or entity appointed by the owner to act in his place." Proof of permission or ownership SECTION 5. Section 50-11-2430 of the 1976 Code is amended to read: "Section 50-11-2430. A person engaged in the act of trapping must be the owner of the property on which the traps or devices are set or has written permission from the landowner or his agent in possession to use the property for trapping." Frequency of visitations SECTION 6. Section 50-11-2440 of the 1976 Code is amended to read: "Section 50-11-2440. A trapper must visit his traps at least once each day from two hours before sunrise to two hours after sunset and remove any animal caught with the exception that a trapper must visit body gripping traps when used in water sets and other traps when used in 'submersion sets' at least once every forty-eight hours." Designee may remove SECTION 7. Section 50-11-2445 of the 1976 Code is amended to read: "Section 50-11-2445. It is unlawful for a person, other than the owner of the trap, or the owner's designee, to remove any lawfully trapped wildlife from any legally set trap. A designee must have in his possession written permission from the owner of the trap or the owner's agent, and must meet all commercial fur licensing requirements or be listed on a valid depredation permit. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars, or imprisoned for no more than thirty days." Types of traps allowed SECTION 8. Section 50-11-2460 of the 1976 Code is amended to read: "Section 50-11-2460. (A) Only the following traps are allowed for trapping unless otherwise provided in this title: (1) body gripping traps (generally known by the brand name 'Conibear') when used without bait for vertical water sets and vertical slide sets only; (2) live traps, which also may be used to capture feral animals at any time without a license or permit from the department; (3) foot-hold traps having an inside jaw spread of 5.75 inches or smaller when measured perpendicular to the pivot points when the trap is in the set position for land sets and 7.25 inches or smaller when measured perpendicular to the pivot points when the trap is in the set position for water sets; (4) enclosed foot-hold traps such as the 'Duffer', 'egg', 'coon- cuff', and similarly designed dog-proof style traps designed for raccoons; (5) snares may be used for water sets only ; small snap, box, and other commonly used traps to capture commensal rodents or snakes in homes and businesses may be used by property owners, occupants, or their designees, at any time to capture snakes, rats, or mice. (B) All other traps, including 'deadfall' traps, are unlawful unless expressly authorized by the department by regulation.
(C) All traps must bear the owner's name and address either directly thereon or by an Cost revised, taxidermist requirements SECTION 9. Section 50-11-2475 of the 1976 Code is amended to read: "Section 50-11-2475. A person engaged in processing hides of fur bearing animals is required to obtain a fur processor's license. The license is issued by the department at a cost of two hundred dollars. The license is valid for the state fiscal year in which it is issued. A taxidermist who possesses any fur, pelt, hide, or whole fur bearing animal legally owned by another person, which he is temporarily holding for the purpose of processing, is not required to obtain this license. A commercial fur licensee who only processes furs, hides, or pelts taken by him is not required to have a processor's license. All processors and taxidermists must keep a daily register showing the name and address of each person from whom the fur, pelt, hide, or whole fur bearing animal is received, the number of each species, and the date and place of origin. All processors must report the information to the department not later than June thirtieth of each year." Each violation separate offense SECTION 10. Section 50-11-2640 of the 1976 Code is amended by adding at the end: "(D) Each animal taken or possessed in violation of this section constitutes a separate offense." Other hunting permits SECTION 11. Section 50-9-350(4) of the 1976 Code, as added by Act 233 of 2010, is amended to read: "(4) An apprentice license holder may obtain other hunting permits and tags which are required for specific hunting activities." Special permit purposes revised SECTION 12. Section 50-11-2570(A) of the 1976 Code is amended to read: "(A) The department may issue special permits, at no cost to the applicant, for the taking, capturing, or transportation of wildlife which is destroying or damaging private or public property, wildlife habitat, game species, timber, crops, or other agriculture so as to be a nuisance or for scientific, research, or wildlife management purposes." Nonresident lifetime combination license SECTION 13. (A) Notwithstanding any other provision of law, a nonresident may obtain a lifetime combination license which grants the same privileges as a statewide combination license from the Department of Natural Resources at its Columbia office if: (1) the applicant was born in this State and provides a notarized birth certificate from the South Carolina Department of Health and Environmental Control; (2) the applicant has held title in fee simple, either in whole or in part, to real property located within this State for at least five years immediately preceding the date of application, and the applicant provides a notarized record of ownership from the appropriate county official in the county where the real property is located;
(3) the applicant, if born after June 30, 1979, and having (4) the applicant has not been charged for natural resource violations which could result in the suspension of hunting or fishing privileges. (B) This license is available for purchase from July 1, 2012, through September 30, 2012. The fee is seven hundred dollars. Repeal SECTION 14. Sections 50-11-1060, 50-11-1070, 50-11-2420, and 50-11-2575 of the 1976 Code are repealed. Time effective SECTION 15. This act takes effect upon approval by the Governor. Ratified the 12th day of June, 2012. Approved the 18th day of June, 2012.
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