H 3683 General Bill, By Koon
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 50-11-1775 so as to prohibit the transportation or attempts to transport live
 furbearing animals out of state unless permitted by the Department and provide
 penalties; to amend the 1976 Code by adding Article 13 to Chapter 11, Title 50
 so as to provide for the licensing of hound coursing pen operators; to amend
 Section 50-11-2450, relating to reporting by commercial fur licensees, so as
 to delete the limitation of the license denial penalty to the second offense;
 to amend Section 50-11-2480, relating to exemptions from a fur buyers license,
 so as to include hound coursing pen operator licensees; to amend Section
 50-11-2500, relating to permits for holding fur after the regular season, so
 as to provide for the Section to apply to commercial fur licensees, change the
 reference to fur to live furbearing animals or their pelts, and revise the
 permit application requirements; to amend Section 50-11-2540, relating to the
 season for trapping furbearing animals, so as to provide separate seasons for
 certain game zones, delete the limitation to commercial purposes and the
 authorization to take the animals during general open hunting seasons, and
 provide for the Department instead of the Director of Game and Freshwater
 Fisheries to authorize additional time to trap; to amend Section 50-11-2560,
 relating to penalties, so as to include Section 50-11-2540; and to repeal
 Section 50-11-2580 relating to exceptions from the requirements pertaining to
 furbearing animals.

   03/13/91  House  Introduced and read first time HJ-3
   03/13/91  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-4

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-1775 SO AS TO PROHIBIT THE TRANSPORTATION OR ATTEMPTS TO TRANSPORT LIVE FURBEARING ANIMALS OUT OF STATE UNLESS PERMITTED BY THE DEPARTMENT AND PROVIDE PENALTIES; TO AMEND THE 1976 CODE BY ADDING ARTICLE 13 TO CHAPTER 11, TITLE 50 SO AS TO PROVIDE FOR THE LICENSING OF HOUND COURSING PEN OPERATORS; TO AMEND SECTION 50-11-2450, RELATING TO REPORTING BY COMMERCIAL FUR LICENSEES, SO AS TO DELETE THE LIMITATION OF THE LICENSE DENIAL PENALTY TO THE SECOND OFFENSE; TO AMEND SECTION 50-11-2480, RELATING TO EXEMPTIONS FROM A FUR BUYERS LICENSE, SO AS TO INCLUDE HOUND COURSING PEN OPERATOR LICENSEES; TO AMEND SECTION 50-11-2500, RELATING TO PERMITS FOR HOLDING FUR AFTER THE REGULAR SEASON, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO COMMERCIAL FUR LICENSEES, CHANGE THE REFERENCE TO FUR TO LIVE FURBEARING ANIMALS OR THEIR PELTS, AND REVISE THE PERMIT APPLICATION REQUIREMENTS; TO AMEND SECTION 50-11-2540, RELATING TO THE SEASON FOR TRAPPING FURBEARING ANIMALS, SO AS TO PROVIDE SEPARATE SEASONS FOR CERTAIN GAME ZONES, DELETE THE LIMITATION TO COMMERCIAL PURPOSES AND THE AUTHORIZATION TO TAKE THE ANIMALS DURING GENERAL OPEN HUNTING SEASONS, AND PROVIDE FOR THE DEPARTMENT INSTEAD OF THE DIRECTOR OF GAME AND FRESHWATER FISHERIES TO AUTHORIZE ADDITIONAL TIME TO TRAP; TO AMEND SECTION 50-11-2560, RELATING TO PENALTIES, SO AS TO INCLUDE SECTION 50-11-2540; AND TO REPEAL SECTION 50-11-2580 RELATING TO EXCEPTIONS FROM THE REQUIREMENTS PERTAINING TO FUBEARING ANIMALS.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 50-11-1775. It is unlawful to transport or attempt to transport live furbearing animals out of the State unless permitted in writing by the department. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than one hundred dollars or imprisoned thirty days for each offense."

SECTION 2. Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Article 13

Section 50-11-2710. As used in this article:

(1) Acclimation pen means an enclosed dog-proof structure within or adjacent to the hound coursing pen used to acclimate game to an enclosure environment.

(2) Department means the South Carolina Wildlife and Marine Resources Department.

(3) Game refers to red foxes and gray foxes.

(4) Game containment facility means a structure that restricts the free movement of game into or out of an area. It includes hound coursing pens, holding pens, and acclimation pens.

(5) Holding pen means a structure used to immediately restrict game to a limited amount of space until released into an acclimation pen or coursing pen. It is used generally to house and observe game to watch for and treat diseased or disabled animals or transport live game.

(6) Hound coursing pen means a structure that restricts the free movement of game into or out of an area for coursing hounds.

(7) Pen operator means the owner, manager, or operator of a hound coursing pen.

Section 50-11-2720. A pen operator shall obtain an annual license for fifty dollars from the department to operate a hound coursing pen and purchase live game. Each hound coursing pen must be licensed separately.

Section 50-11-2730. Operators and users of hound coursing pens shall comply with state and federal conservation laws.

Section 50-11-2740. Game purchased by a hound coursing pen operator may be obtained only from a South Carolina licensed commercial trapper and only if the game was taken and possessed lawfully in this State. No person may transport, possess, purchase, or sell live game taken outside South Carolina.

Section 50-11-2750. A hound coursing pen operator shall keep a daily activity register of hound coursing pen operations on forms provided by the department. Before April second each year a hound coursing pen operator shall furnish the department with daily register sheets for the previous twelve months. The department shall suspend a hound coursing pen license for failure to report or for inaccurately reporting required information.

Section 50-11-2760. Agents of the department must be allowed access to game containment facilities for inspection of business premises and records upon request. Failure to allow inspection may result in revocation of a hound coursing pen license.

Section 50-11-2770. The department may require necessary specific health management procedures including, but not limited to, a mandatory disease investigation and disease reporting system. The department also may quarantine hound coursing pens and associated facilities due to disease outbreaks or other conditions which pose a threat to wildlife and prohibit the release of diseased animals and animals suspected to have been exposed to diseased animals.

Section 50-11-2780. Game containment facilities must be maintained as follows:

(1) Enclosures must be structurally sound and maintained in good repair to protect the enclosed game and hounds from injury and restrict the movement of game and hounds into and out of the enclosure.

(2) Game must be provided access to shelter from weather, shade, food of sufficient quantity and nutritive value, and potable water.

(3) Programs of disease control and prevention with adequate health care must be established and maintained. Sick, diseased, injured, lame, or otherwise incapacitated game must be segregated and provided care necessary to facilitate their recovery. If necessary, these animals must be dispatched in a humane manner.

Section 50-11-2790. Holding pens must be maintained as follows:

(1) Adequate space must be provided for game to move freely.

(2) Sufficient clean bedding material or other means of protection from cold temperatures or other weather factors must be provided.

(3) Provision must be made to remove unused food items that may become attractive to insects or made otherwise unsuitable as food.

(4) Provision must be made for proper sanitation to prevent contamination of the animals and reduce disease hazards and odors.

(5) An effective program for the control of insects, ectoparasites, and avian and mammalian pests must be established and maintained.

(6) A suitable method must be provided to eliminate excess water rapidly.

(7) Facilities must be ventilated adequately to provide for the health and comfort of the animals at all times.

Section 50-11-2800. Game for stocking must be held in acclimation pens for a minimum of one week. Upon release into the hound coursing pen, game must be allowed unrestricted dog proof access back into the acclimation pen for not less than two weeks. If an acclimation pen is not available, the hound coursing pen must be closed for not less than one week after each stocking.

Section 50-11-2810. A person violating this article, except Section 50-11-2740, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days for each offense. A person violating Section 50-11-2740, upon conviction, must be punished as in Section 50-1-125. In addition to the penalties in this section and Section 50-1-125, the department shall suspend the violator's hound coursing pen license."

SECTION 3. Section 50-11-2450 of the 1976 Code is amended to read:

"Section 50-11-2450. Any A person required to be licensed under Section 50-11-2420 shall report to the department by April fifteenth of each year the number and type of furbearing animals taken, sold, or shipped, together with the names and addresses of persons to whom sold or shipped using forms as the department may prescribe. Any A person failing to report by April fifteenth of each year shall, on the second offense, must be denied a license for the following fiscal year."

SECTION 4. Section 50-11-2480 of the 1976 Code is amended to read:

"Section 50-11-2480. The following persons are not required to obtain the license provided for in Section 50-11-2470:

(a)(1) a person who acquires not more than five furs, pelts, hides, or whole animals for his own personal use during one season and not for barter, exchange, or sale;

(b)(2) a person licensed under Section 50-11-2475 as a processor;

(c)(3) a taxidermist who possesses any a fur, pelt, hide, or whole furbearing animal legally owned by another person which he is temporarily is holding solely for the purposes of processing;

(d)(4) a person acquiring furbearing animal carcasses without hides.;

(5) person licensed as a hound coursing pen operator under Section 50-11-2720 but only for buying live foxes."

SECTION 5. Section 50-11-2500 of the 1976 Code is amended to read:

"Section 50-11-2500. Any A person required to be licensed by Section 50-11-2420 and desiring to hold fur live furbearing animals or their pelts more than thirty days after the end of the regular season for taking furbearers shall apply to the license division for a permit at no cost to hold the animal or fur. The applications for the permits must contain an itemized list of furs furbearer species and numbers of each species to be held along with. For furs or pelts the application must contain a list of their fur tag numbers. The possession of any a raw or green fur, pelt, or hide of any a furbearing animal or whole or live furbearing animal more than thirty days after the end of the regular season for taking furbearers other than provided for in this section is illegal."

SECTION 6. Section 50-11-2540 of the 1976 Code is amended to read:

"Section 50-11-2540. It is lawful to trap The season for trapping furbearing animals for commercial purposes from in Game Zones 1, 2, and 4 is December first through February first and Game Zones 3, 5, 6, 7, 8, 9, 10, and 11 is January first to through March first of each year. 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 general open hunting seasons established therefor."

SECTION 7. Section 50-11-2560 of the 1976 Code is amended to read:

"Section 50-11-2560. Any A person violating the provisions of Section 50-11-2410, 50-11-2420, 50-11-2470, 50-11-2475, 50-11-2490, or 50-11-2515, or 50-11-2540 is guilty of a misdemeanor and, upon conviction, must be fined not less than three hundred dollars nor more than one thousand dollars, or imprisoned for not more than sixty days for each violation. In addition, upon conviction, the department shall suspend the fur buyer's license for one year from the date of the conviction."

SECTION 8. Section 50-11-2580 of the 1976 Code is repealed.

SECTION 9. This act takes effect upon approval by the Governor.