S 1049 Session 112 (1997-1998)
S 1049 General Bill, By Mescher
A BILL TO AMEND CHAPTER 16, TITLE 50, OF THE SOUTH CAROLINA CODE OF LAWS,
1976, RELATING TO IMPORTATION OF WILDLIFE, BY ADDING ARTICLE 3, SO AS TO
AUTHORIZE DEER FARMING; TO PROVIDE FOR IMPORTATION AND REGULATION OF FARMED
DEER; TO PROVIDE FOR LICENSURE OF DEER FARMING OPERATIONS; AND TO AMEND
SECTION 50-11-1910 RELATING TO SALE OF DEER PARTS SO AS TO PROVIDE FOR THE
PURCHASE AND SALE OF FARMED DEER PRODUCTS AND BY-PRODUCTS IN THE STATE.
02/19/98 Senate Introduced and read first time SJ-1
02/19/98 Senate Referred to Committee on Fish, Game and Forestry SJ-1
04/21/98 Senate Committee report: Favorable with amendment Fish,
Game and Forestry SJ-34
04/23/98 Senate Amended SJ-21
04/23/98 Senate Read second time SJ-21
04/28/98 Senate Read third time and sent to House SJ-12
04/29/98 Senate Reconsidered SJ-3
05/05/98 Senate Recommitted to Committee on Fish, Game and Forestry
05/05/98 Senate Recalled from Committee on Fish, Game and Forestry
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 23, 1998
S. 1049
Introduced by Senator Mescher
S. Printed 4/23/98--S.
Read the first time February 19, 1998.
A BILL
TO AMEND CHAPTER 16, TITLE 50 OF THE SOUTH
CAROLINA CODE OF LAWS, 1976, RELATING TO
IMPORTATION OF WILDLIFE, BY ADDING ARTICLE 3, SO AS
TO AUTHORIZE DEER FARMING; TO PROVIDE FOR
IMPORTATION AND REGULATION OF FARMED DEER; TO
PROVIDE FOR LICENSURE OF DEER FARMING
OPERATIONS; AND TO AMEND SECTION 50-11-1910
RELATING TO SALE OF DEER PARTS SO AS TO PROVIDE
FOR THE PURCHASE AND SALE OF FARMED DEER
PRODUCTS AND BY-PRODUCTS IN THE STATE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 16, Title 50 of the 1976 Code is amended by
adding:
"Article 3
Deer Farming Operation Act
Section 50-16-310. This article may be cited as the 'Deer Farming
Operation Act of 1998'.
Section 50-16-320. The purpose of this article is to provide for
the production of farmed deer and to provide for the importation,
production, control, and eradication of disease in farmed deer.
Section 50-16-330. As used in this article, the term:
(1) 'Deer farming' means the raising and production of farmed deer
for the commercial production of food and fiber.
(2) 'Farmed deer' means fallow deer (Dama dama), red deer and
elk (Cervus elaphus) only and hybrids between these farmed deer
species raised for the commercial sale of meat and other parts or for
the sale of live animals. White-tailed deer is classified as
unacceptable species and is not included within the definition of
farmed deer. Deer that may be under the authority of Title 50, Part
23, Subpart C, Section 23.23 of the Code of Federal Regulations,
implementing the Convention on International Trade in Endangered
Species of Wild Fauna and Flora, 27 U.S.T. 1087, TIAS 8249, must
meet the requirements set forth in the federal Endangered Species Act
of 1973, as amended, 16 U.S.C.1531, et seq.
(3) 'Director' means the Director of the Department of Natural
Resources.
(4) 'Department' means the Department of Natural Resources.
(5) 'Division' means the Administrative Law Judge Division.
Section 50-16-340. (A) A person may not possess, buy, import,
or transport farmed deer or engage in or carry on the business of deer
farming without first obtaining a deer-farming license from the
Department of Natural Resources.
(B) The department shall issue a deer farming license to
individuals who qualify under the provisions of this article or any
regulation promulgated pursuant to this article. A deer-farming
license is valid from the date of issuance to March thirty-first of each
calendar year. A deer-farming license shall not be issued by the
department to any deer-farming operation which has not been
inspected and approved by the department; provided, that any facility
expansion must be preapproved before renewal of a deer-farming
license.
(C) The license of any deer farm operator who violates this article
or any regulation promulgated by the department pursuant to this
article is subject to revocation following notice and hearing. A
deer-farming license of any licensee whose facility does not meet the
definition of deer farming shall be revoked, and the license may be
revoked if the licensee violates any provision of Title 50 relating to
farmed deer. Upon revocation or nonrenewal of a license, the holder
of farmed deer under that license shall, within forty-five days,
remove the farmed deer from the facility and dispose of the deer
legally within the State or outside the State. If the licensee fails to
dispose of the animals within forty-five days, he forfeits all rights,
ownership, and claim to the deer and shall relinquish to the
department any claim to the deer immediately. The department may
then dispose of the deer in any way it chooses. The holder of farmed
deer under any license issued by the department shall compensate the
department for any expense incurred by the department or its agent
during disposition of the deer after revocation or nonrenewal of a
permit or a license.
(D) Deer farm operators shall maintain up-to-date inventory
records of their deer herds and any transactions or movements
including, but not limited to, natural additions, purchased additions,
sales, loans, trades, and deaths. Records must be kept in accordance
with specifications of the department and the Livestock-Poultry
Health Commission and are subject to review by representatives of
either agency. Upon application for renewal of a deer farming
license, the applicant must include a complete annual record of all
transactions involving movement of deer off of or on to the facility,
and of any births or deaths on the facility.
(E) Deer farm operators shall construct and maintain premises and
facilities used in deer farming in accordance with regulations
promulgated by the department, provided that:
(1) the facility must be constructed of such material and of such
strength as appropriate for the animals involved;
(2) housing facilities must be structurally sound and must be
maintained in good repair to protect and contain the animals;
(3) the facilities must be designed in such manner, including the
inclusion of barriers of sufficient dimensions and conformation, to
safeguard both the animals and the public against injury or the
transmission of diseases by direct contact;
(4) Any portion of the facility within which farmed deer are
maintained must be surrounded by a perimeter fence with a minimum
height of ten feet with no less than the bottom six feet made of woven
mesh and constructed of a design, strength, gauge, and mesh
approved by the department and which is sufficient to prevent escape
of farmed deer and to prevent white-tailed deer from entering.
Supplemental wire to attain a height of ten feet may be smooth,
barbed, or woven wire of a gauge and mesh approved by the
department with strands no more than six inches apart. Perimeter
posts, stays or supports, and perimeter gates must be of a design and
strength approved by the department. All trees and other structures
which pose an imminent threat, as determined by the department, to
the integrity of the fencing must be removed unless fencing is
constructed so as to prevent the breach of the fence from the fall of
a tree or structure;
(5) the pastures or paddocks within the facility must be of such
a size and so constructed with the vegetation managed in such a way
that all animals held within the enclosure are readily observable on
a daily basis;
(6) native white-tailed deer must be removed from within a
facility operating pursuant to this article before the introduction of
farmed deer. Upon initial inspection if it is determined that
white-tailed deer have been inadvertently confined within a proposed
deer-farming facility, the department, in cooperation with the facility
operator, shall take any action it considers necessary to remove the
white-tailed deer from the facility;
(7) the operator of any deer farm immediately shall notify the
department as to the ingress of white-tailed deer into the licensed
facility. The department shall take any action it considers necessary
to dispose of the white-tailed deer;
(8) farmed deer may not be held within an enclosure unless the
enclosure includes a handling facility adequate to gather, hold, and
individually restrain animals in a safe and efficient manner for any
inspection, testing, quarantine, or other management action pursuant
to this article;
(9) Deer farm operators shall register a unique brand, tattoo,
approved combination of permanent ear tags, or other approved mark
with the department. All farmed deer must be clearly identified with
this approved mark. This unique mark must be placed or implanted
on animals within fourteen days of birth or purchase if the unique
mark is not present when the animal was purchased. The unique
mark must be recorded in the facility operator's records, and must be
noted in any transfer records or reports or other transaction records
or reports referring to each animal.
(F) The department may inspect an applicant's facilities to ensure
that the facilities meet the department's guidelines. The department
shall report to the Livestock-Poultry Health Commission within thirty
days of receipt of the application. The department shall transmit a
copy of any license issued pursuant to this article to the
Livestock-Poultry Health Commission. The department shall notify
the Livestock-Poultry Health Commission of the revocation,
nonrenewal, cancellation, or lapse of any license issued pursuant to
this article. All notifications must be made in writing and as promptly
as possible, but in no event shall the notification be given more than
seventy-two hours after the event giving rise to the requirement of
notice.
(G) For purposes other than deer farming, farmed deer species
must be held under a permit issued by the department. Anyone
holding, possessing, importing, or transporting farmed deer species
without a deer-farming license or a permit issued by the department
is in violation of this article.
Section 50-16-350. Health and transportation requirements for
any farmed deer shall comply with the health requirements
established by regulation of the Livestock-Poultry Health
Commission. Those animals specifically used for deer farming must
meet the requirements of the Uniform Methods and Rules of the Code
of Federal Regulations for Tuberculosis and Brucellosis in Cervidae.
Section 50-16-360. (A) Any farmed deer which escapes from a
deer farm is subject to the jurisdiction of the department and may be
treated as a wild animal.
(B) As a condition for maintaining a deer-farming license, it is the
duty of the owner or operator of a licensed deer farm to notify the
department immediately upon discovery of the escape of a farmed
deer, and the owner or operator shall recapture or destroy the escaped
animal or animals at his own expense within twenty-four hours. A
person must not be held liable for killing or wounding an escaped
farmed deer.
(C) If the licensee does not capture or destroy the escaped animal
or animals within twenty-four hours, the department or a designated
agent may capture or destroy the animal or animals. Holders of
farmed deer held under any license issued by the department are
responsible for all expenses incurred in recovering, maintaining, or
disposing of the animal or animals, as well as any damage to the
state's natural resources and shall, upon written demand, reimburse
the department in full within thirty days of the date of the written
demand. Holders of farmed deer are responsible for all damage done
to private property by escaped farmed deer resulting from such
holders' negligence.
Section 50-16-370. It is unlawful to hunt or attempt to hunt
farmed deer held under a deer farming license within a deer farming
facility, except that animals may be euthanized or destroyed for
scientific, health, or safety concerns as considered necessary by the
department or by the Livestock-Poultry Health Commission. The
owner of farmed deer may slaughter farmed deer for personal use
only after the farmed deer have been gathered into an approved
holding area.
Section 50-16-380. Deer farm operators shall allow entry on to
the deer farm, at reasonable times or whenever employees are
present, of representatives of the department, the Livestock-Poultry
Health Commission, or other departments or agencies having
authority or duties involving farmed deer or wild animals to ensure
compliance with applicable federal and state laws.
Section 50-16-390. Facilities intentionally commingling farmed
deer with white-tailed deer must not be licensed as deer farming
operations.
Section 50-16-400. The department shall promulgate regulations
necessary to effectuate the purpose of this article. The regulations
must be designed to ensure the health and safety of wildlife, prevent
the escape of farmed deer species, and prevent the spread of animal
diseases between wildlife, wild animals, domestic animals, farmed
deer, and humans. The department and the Livestock-Poultry Health
Commission shall communicate and consult on matters of mutual
concern so as to ensure the health and safety of farmed deer, wildlife,
wild animals, domestic animals, and humans and to prevent, control,
and eradicate animal diseases within this State.
Section 50-16-410. (A) It is unlawful for a person intentionally
to release a farmed deer from captivity or to import, transport, sell,
transfer, or possess a farmed deer in a manner causing its release or
escape from captivity. If a person imports, transports, sells, transfers,
or possesses a farmed deer in a manner which poses a reasonable
possibility that the farmed deer may be released accidentally or
escape from captivity, the department may revoke the license of that
person.
(B) A holder of farmed deer held under any license issued by the
department shall notify the department immediately of the release of
these deer and shall recapture or destroy the released animal or
animals at his own expense within twenty-four hours. A person must
not be held liable for killing or wounding an escaped farmed deer.
(C) If the licensee does not capture or destroy the released animal
or animals within twenty-four hours, the department or a designated
agent may capture or destroy the animal or animals. A holder of
farmed deer held under any license issued by the department is
responsible for all expenses incurred in recovering, maintaining, or
disposing of the animals, as well as any damage to the state's natural
resources, and, upon written demand, shall reimburse the department
in full within thirty days of the date of the written demand. A holder
of farmed deer is responsible for all expenses related to damages
caused to private property by released farmed deer.
Section 50-16-420. (A) Products and by-products derived from
farmed deer may be offered for sale and purchase in this State if all
of the requirements established pursuant to the provisions of this
article are satisfied.
(B) Animals must be slaughtered according to regulations of the
Livestock-Poultry Health Commission or the United States
Department of Agriculture currently in force for the product. Any
meat or meat by-product must be sold, offered for sale, or purchased
in accordance with Section 50-11-1920. The meat or meat
by-product must bear an official inspection mark, tag, or package
label as required by the state or by the federal government when
inspected, or a tag or label of facility origin if not inspected.
Section 50-16-430. Notwithstanding any other provision of law,
a person violating the provisions of this article is guilty of a
misdemeanor and, upon conviction, must be fined up to five thousand
dollars or imprisoned for sixty days, or both, in the discretion of the
court.
Section 50-16-440. In addition to any other remedy provided in
this article and notwithstanding the existence of any adequate remedy
at law, the director or his designee is authorized to apply to the
Administrative Law Judge Division for an injunction. The division
has jurisdiction, upon a hearing and for cause shown, to grant a
temporary or permanent injunction, or both, restraining a person from
violating or continuing to violate a provision of this article or for
failing or refusing to comply with the requirements of this article or
a regulation promulgated pursuant to this article. An injunction issued
under this section does not require a bond.
Section 50-16-450. (A) The director, in order to enforce this
article or any orders or regulations promulgated pursuant to this
article, may issue an administrative finding of a violation and impose
a fine not to exceed one thousand dollars for each violation whenever
the director determines that a person has violated a provision of this
article or any quarantine, order, or regulation promulgated pursuant
to this article.
(B) The initial hearing and any administrative review of the
hearing must be conducted before the division in accordance with the
procedure for contested cases in accordance with the 'South Carolina
Administrative Procedures Act' (Section 1-23-310, et seq.). A person
who has exhausted all administrative remedies available to him and
who is aggrieved or adversely affected by any final order or action of
the director has the right of judicial review in accordance with
Chapter 23 of Title 1. All penalties recovered by the director as
provided for in this article must be paid to the State Treasurer for
deposit by him in the general fund. The penalty prescribed in this
section is concurrent, alternative, or cumulative with all other civil,
criminal, or alternative rights, remedies, forfeitures, or penalties
provided, allowed, or available to the director with respect to any
violation of this article or any quarantine, order, or regulations
promulgated pursuant to this article."
SECTION 2. Section 50-11-1910 of the 1976 Code is amended to
read:
"Section 50-11-1910. It is unlawful to buy or sell, offer
for sale, barter, or have in possession for sale any deer or part of a
deer except the hide of legally taken deer. Hides from legally taken
deer may be bought, sold, or bartered during the earliest open season
for the taking of deer and for thirty calendar days following the end
of the latest deer season. For a violation of this section, upon
conviction, the guilty party for a first offense must be fined not less
than one hundred dollars nor more than three hundred dollars or be
imprisoned for not more than thirty days; for a second offense within
three years of the date of conviction for a first offense, the person
must be fined not less than three hundred dollars nor more than five
hundred dollars or be imprisoned for not more than thirty days; for a
third offense within three years of the date of conviction for a first
offense, the person must be fined one thousand dollars or be
imprisoned for not more than sixty days.
(A) Unless specified in this section, the sale of deer parts is
not prohibited.
(B) It is unlawful to buy or sell, offer for sale, barter, or have in
possession for sale live deer, except as provided in Article 3 of
Chapter 16 of this title.
(C) It is unlawful to buy or sell, offer for sale, barter, or have in
possession for sale the venison of deer, except as provided in Section
50-11-1920 and Article 3 of Chapter 16 of this title.
(D) It is unlawful to buy or sell, offer for sale, barter, or have in
possession for sale white-tailed deer antlers or parts of white-tailed
deer antlers.
(E) For a violation of this section, upon conviction of each offense
the guilty party, for a first offense, must be fined not less than one
hundred dollars nor more than three hundred dollars or be imprisoned
for not more than thirty days, or both; for a second offense, must be
fined not less than five hundred dollars nor more than one thousand
dollars or be imprisoned for not more than thirty days, or both; for a
third and any subsequent offense, must be fined not less than one
thousand dollars nor more than five thousand dollars or be
imprisoned for not more than sixty days, or both.
(F) The provisions of subsections (A) through (E) of this section
do not apply to deer-farming operations licensed in this State
pursuant to the provisions of Article 3 of Chapter 16 of this title or
those operations which are lawfully licensed and regulated as
deer-farming facilities in any other state; provided, that live deer,
deer products, or deer by-products meet the definition of farmed deer
pursuant to Article 3 of Chapter 16 of this title and that live deer, deer
products, or deer by-products are properly marked or labeled
pursuant to Article 3 of Chapter 16 of this title in order that the origin
of the item may be easily and readily ascertained."
SECTION 3. Sections 50-16-10 through 50-16-70 of the 1976
Code are designated as Article 1 of Chapter 16, Title 50 and entitled
"General Provisions".
SECTION 4. This act takes effect upon approval by the Governor.
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