H*2757 Session 107 (1987-1988)
H*2757(Rat #0652, Act #0567 of 1988) General Bill, By E.D. Foxworth
A Bill to amend Sections 50-11-4310, 50-11-4330, 50-11-4360, 50-11-4380,
50-11-4390, 50-11-4420, 50-11-4440, 50-11-4460, and 50-11-4470, Code of Laws
of South Carolina, 1976, relating to trapping of furbearing animals, so as to
define "fur buyer", "commercial purposes", "trap", "foot-hold trap", "live
trap" and "processor", to redefine "take", "trapper", to delete definitions of
"fur dealer", "taking", and "taking for commercial purposes", to require a
commercial fur license for all persons who sell furbearing animals for
commercial purposes, except processors, manufacturers, or retailers, to change
the procedure for the annual report of licensees, to exempt retailers or
manufacturers of finished furs, tanners, and persons acquiring furbearing
animal carcasses without hides from buyers license requirements, to require
commercial fur licensees to affix tags and provide a procedure for tagging, to
add whole animals to the list of property which may be confiscated, to require
a permit for out of state shipment, and to specifically identify Code Sections
to which penalties apply; to amend the 1976 Code by adding Sections
50-11-4325, 50-11-4385, 50-11-4425, and 50-11-4475 so as to prohibit taking
trapped wildlife from traps by any person other than the owner of the trap or
his designee, to provide for a processor's license and require reports by the
licensee, to exempt fox hunting-enclosed preserve or pup training facilities
from the provisions of the Act, to provide penalties for violations not
specified in Section 50-11-4470, and to repeal Article 11, Chapter 11, Title
50 of the 1976 Code relating to the bounties on foxes.-amended title
03/31/87 House Introduced and read first time HJ-1479
03/31/87 House Referred to Committee on Agriculture and Natural
Resources HJ-1480
04/12/88 House Committee report: Favorable with amendment
Agriculture and Natural Resources HJ-2596
04/20/88 House Amended HJ-3100
04/20/88 House Objection by Rep. Arthur, Day & Cooper HJ-3108
04/21/88 House Objection withdrawn by Rep. Day HJ-3155
04/28/88 House Objection withdrawn by Rep. Cooper & Arthur HJ-3447
04/28/88 House Amended HJ-3447
04/28/88 House Read second time HJ-3447
04/28/88 House Unanimous consent for third reading on next
legislative day HJ-3447
04/29/88 House Read third time and sent to Senate HJ-3458
05/03/88 Senate Introduced and read first time SJ-22
05/03/88 Senate Referred to Committee on Fish, Game and Forestry SJ-22
05/05/88 Senate Committee report: Favorable Fish, Game and
Forestry SJ-25
05/10/88 Senate Read second time SJ-26
05/10/88 Senate Ordered to third reading with notice of
amendments SJ-26
05/11/88 Senate Read third time and enrolled SJ-19
05/24/88 Ratified R 652
05/29/88 Signed By Governor
05/29/88 Effective date 05/29/88
05/29/88 Act No. 567
06/14/88 Copies available
(A567, R652, H2757)
AN ACT TO AMEND SECTIONS 50-11-4310, 50-11-4330, 50-11-4360, 50-11-4380,
50-11-4390, 50-11-4420, 50-11-4440, 50-11-4460, AND 50-11-4470, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO TRAPPING OF FURBEARING ANIMALS, SO AS TO DEFINE
"FUR BUYER", "COMMERCIAL PURPOSES", "TRAP",
"FOOT-HOLD TRAP", "LIVE TRAP", AND "PROCESSOR", TO
REDEFINE "TAKE" AND "TRAPPER", TO DELETE DEFINITIONS OF
"FUR DEALER", "TAKING", AND "TAKING FOR COMMERCIAL
PURPOSES", TO REQUIRE A COMMERCIAL FUR LICENSE FOR ALL PERSONS WHO SELL
FURBEARING ANIMALS FOR COMMERCIAL PURPOSES, EXCEPT PROCESSORS, MANUFACTURERS, OR
RETAILERS, TO CHANGE THE PROCEDURE FOR THE ANNUAL REPORT OF LICENSEES, TO EXEMPT
RETAILERS OR MANUFACTURERS OF FINISHED FURS, TANNERS, AND PERSONS ACQUIRING
FURBEARING ANIMAL CARCASSES WITHOUT HIDES FROM BUYER'S LICENSE REQUIREMENTS, TO
REQUIRE COMMERCIAL FUR LICENSEES TO AFFIX TAGS AND PROVIDE A PROCEDURE FOR
TAGGING, TO ADD WHOLE ANIMALS TO THE LIST OF PROPERTY WHICH MAY BE CONFISCATED,
TO REQUIRE A PERMIT FOR OUT-OF-STATE SHIPMENT, AND TO SPECIFICALLY IDENTIFY CODE
SECTIONS TO WHICH PENALTIES APPLY; TO AMEND THE 1976 CODE BY ADDING SECTIONS
50-11-4325, 50-11-4385, 50-11-4425, AND 50-11-4475 SO AS TO PROHIBIT TAKING
TRAPPED WILDLIFE FROM TRAPS BY ANY PERSON OTHER THAN THE OWNER OF THE TRAP OR HIS
DESIGNEE, TO PROVIDE FOR A PROCESSOR'S LICENSE AND REQUIRE REPORTS BY THE
LICENSEE, TO EXEMPT FOX HUNTING-ENCLOSED PRESERVE OR PUP TRAINING FACILITIES FROM
THE PROVISIONS OF THE ACT, TO PROVIDE PENALTIES FOR VIOLATIONS NOT SPECIFIED IN
SECTION 50-11-4470; AND TO REPEAL ARTICLE 11, CHAPTER 11, TITLE 50 OF THE 1976
CODE RELATING TO BOUNTIES ON FOXES.
Be it enacted by the General Assembly of the State of South Carolina:
Definitions
SECTION 1. Section 50-11-4310 is amended to read:
"Section 50-11-4310. For the purpose of this article:
(a) 'furbearing animal' includes red and gray fox, raccoon, opossum, muskrat,
mink, skunk, otter, bobcat, weasel, or beaver;
(b) 'fur buyer' means any person who purchases any whole furbearing animal,
raw or green furs, pelts, or hides;
(c) 'take' means to shoot, wound, kill, trap, capture, or collect, or attempt
to shoot, wound, kill, trap, capture, or collect;
(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 is taking for commercial purposes;
(e) 'trapper' means any person who takes or attempts to take animals by
trapping;
(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 furbearing animals for commercial purposes;
(j) 'transfer' includes selling, bartering, exchanging, and
transporting."
Removal of trapped wildlife - penalties
SECTION 2. The 1976 Code is amended by adding:
"Section 50-11-4325. It is unlawful for any person, other than the owner
of the trap to remove any lawfully trapped wildlife from any legally set trap.
Any 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."
Trapper's license
SECTION 3. Section 50-11-4330 is amended to read:
"Section 50-11-4330. 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 is valid for
the fiscal year for which issued. Any person taking animals under authority of
a commercial fur license shall carry the license on his person. Any person
having in his possession more than five furbearing animals or pelts shall have
a valid commercial fur license. The provisions of this section do not apply to
a processor, manufacturer, or retailer."
Reports of licensees
SECTION 4. Section 50-11-4360 is amended to read:
"Section 50-11-4360. Any person required to be licensed under Section
50-11-4330 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 person failing to report by April fifteenth of
each year shall, on the second offense, be denied a license for the following
fiscal year."
Fur buyer's license
SECTION 5. Section 50-11-4380 of the 1976 Code is amended to read:
"Section 50-11-4380. Any person other than a retailer of finished fur or
manufacturer of finished furs, pelts, hides, similar articles, or parts of them
who buys furs, pelts, hides, whole furbearing animals, similar articles, or parts
of them in this State is required to have a fur buyer's license. The license is
issued by the department at a cost of one hundred dollars for residents and two
hundred dollars for nonresidents. The license is valid for the fiscal year in
which issued. Any person transacting business under authority of such a license
shall carry that license on his person."
Fur processor's license
SECTION 6. The 1976 Code is amended by adding:
"Section 50-11-4385. Any fur processor engaged in processing the hides
of furbearing animals is required to obtain a processor's license. The license
is issued by the department at a cost of five hundred dollars. The license is
valid for the fiscal year in which it is issued. A taxidermist who possesses any
fur, pelt, hide, or whole furbearing animal legally owned by another person,
which he is temporarily holding for the purpose of processing, is not required
to obtain this license. All processors shall keep a daily register showing the
name and address of each person from whom the fur, pelt, hide, or whole
furbearing animal is received, the number of each species, and the date and place
of origin. All processors shall report the information to the department not
later than June thirtieth of each year."
Exemptions from license requirements
SECTION 7. Section 50-11-4390 of the 1976 Code is amended to read:
"Section 50-11-4390. The following persons are not required to obtain the
license provided for in Section 50-11-4380:
(a) 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) a person licensed under Section 50-11-4385 as a processor;
(c) a taxidermist who possesses any fur, pelt, hide, or whole furbearing
animal legally owned by another person which he is temporarily holding solely for
the purposes of processing;
(d) a person acquiring furbearing animal carcasses without hides."
Tagging of fur, pelts, hides, or whole animal
SECTION 8. Section 50-11-4420 of the 1976 Code is amended to read:
"Section 50-11-4420. Any person required to be licensed pursuant to
Section 50-11-4330 who takes any furbearing animal must tag the fur, pelt, hide,
or whole furbearing animal at the time the fur is removed from the carcass or in
the case of a whole animal at the time the whole animal is stored or before it
is sold, whichever occurs first. The tags must be sold by the department
according to the following fee schedule:
bobcat $2.00
otter 2.00
mink 1.00
gray fox 1.00
red fox 1.00
weasel 1.00
beaver .25
raccoon .50
skunk .25
muskrat .25
opossum .25
The tags must be of a type and size the department prescribes. The tags must
be securely attached and may not be removed until the time of processing. Any
fur, pelt, hide, or whole animal which does not have a tag attached as required
by this section or that is unlawfully tagged is declared contraband and must be
confiscated. Unused tags must be returned to the department by April fifteenth
of each year. Full refund must be given for unused tags returned by April
fifteenth. Tags may only be used for the specific species for which they are
issued and they must be numbered consecutively. These tags are nontransferable
and may not be altered in any manner. The department may limit the number of
tags for each species and the area in which they may be used. Furbearing animals
taken live to be sold as live animals are not required to be tagged."
Unlawful to traffick in furs or animals required to be tagged
SECTION 9. The 1976 Code is amended by adding:
"Section 50-11-4425. Except as otherwise permitted in this article, it
is unlawful to possess, acquire, or transfer any untagged fur, pelt, hide, or
whole animal. Any person convicted of a violation of this section is guilty of
a misdemeanor and must be punished as provided in Section 50-11-4470. Each fur,
pelt, hide, or whole animal found untagged or unlawfully tagged constitutes a
separate offense.
Confiscation
SECTION 10. Section 50-11-4440 of the 1976 Code is amended to read:
"Section 50-11-4440. The department may confiscate all traps and devices,
furs, pelts, hides, and whole animals which are illegally possessed, tagged, or
used. Where the department has no storage facilities for perishable items such
as furs, it may sell them at a reasonable price and hold the proceeds pending the
final outcome of the case. Upon conviction of the owner, any traps, devices,
furs, pelts, hides, or whole animals being held may be disposed of as determined
advisable by the department and any proceeds resulting from the sale must be used
for the propagation and protection of game."
Export of furs or whole furbearing animals
SECTION 11. Section 50-11-4460 of the 1976 Code is amended to read:
"Section 50-11-4460. Any person shipping or transporting or attempting
to ship or transport untanned furs, pelts, hides, or whole furbearing animals out
of this State shall first obtain a permit from the department. The department
may designate a conservation officer or other representative in each county to
inspect the shipment and issue the permit."
Penalties
SECTION 12. Section 50-11-4470 of the 1976 Code is amended to read:
"Section 50-11-4470. Any person violating the provisions of Section
50-11-4320, 50-11-4330, 50-11-4380, 50-11-4385, 50-11-4400, or 50-11-4425 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."
Penalties
SECTION 13. The 1976 Code is amended by adding:
"Section 50-11-4475. Any person violating the provisions of this article
unless otherwise specified in Section 50-11-4470 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 not more than thirty days for each
violation."
Repeal
SECTION 14. Article 11, Chapter 11, Title 50 of the 1976 Code is repealed.
Exemptions from provisions of act
SECTION 15. No provisions of this act shall apply to any person who owns a
foxhunting-enclosed preserve or pup training
facility where the foxes are not retained or marketed for fur utilization if such
foxes are from a licensed commercial trapper in a live state. The department
shall issue permits for the foxes at no cost to the owner of the preserve and
shall require reports suitable to maintain adequate records of sales or transfers
of the foxes.
Time effective
SECTION 16. This act takes effect upon approval by the Governor. |