H 3815 Session 112 (1997-1998)
H 3815 General Bill, By Delleney, Barfield, Boan, G. Brown, Carnell, Harvin,
J. Hines, M. Hines, Kennedy, Koon, Law, Mack, McCraw, Miller, Phillips, Rhoad,
Riser, Sharpe, Sheheen, Stuart, Webb, Wilkes and Witherspoon
A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
FISH, GAME AND WILDLIFE BY ADDING CHAPTER 14 SO AS TO ENACT THE "SOUTH
CAROLINA COMMERCIAL ALLIGATOR OPERATIONS ACT OF 1997"; TO DEFINE "ALLIGATOR",
"ALLIGATOR FARM", "ALLIGATOR FARMER", "ALLIGATOR PART", "ALLIGATOR PARTS
DEALER", "BOARD", "DEPARTMENT", AND "TRANSPORT".-SHORT TITLE
04/02/97 House Introduced and read first time HJ-127
04/02/97 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-128
A BILL
TO AMEND TITLE 50, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO FISH, GAME AND WILDLIFE
BY ADDING CHAPTER 14 SO AS TO ENACT THE "SOUTH
CAROLINA COMMERCIAL ALLIGATOR OPERATIONS ACT
OF 1997"; TO DEFINE "ALLIGATOR", "ALLIGATOR
FARM", "ALLIGATOR FARMER", "ALLIGATOR PART",
"ALLIGATOR PARTS DEALER", "BOARD", "DEPARTMENT",
AND "TRANSPORT"; TO PROVIDE FOR AND PERMIT THE
BREEDING OF FARM-RAISED ALLIGATORS FOR CERTAIN
COMMERCIAL PURPOSES; TO PROVIDE FOR THE
REGULATION OF BREEDING, EXHIBITING, SELLING,
PURCHASING, SHIPPING, AND TRANSPORTATION OF
FARM-RAISED ALLIGATORS OR THE SKINS, CARCASSES,
OR PARTS THEREOF, BY THE SOUTH CAROLINA
DEPARTMENT OF NATURAL RESOURCES; TO PROVIDE FOR
THE LICENSING OF ALLIGATOR FARMERS, ALLIGATOR
PARTS DEALERS, AND CERTAIN RETAILERS AND
RESTAURANTS; TO PROVIDE THE PROCEDURE FOR
TAGGING OF ALLIGATOR SKINS, CARCASSES, MEAT OR
PARTS; TO PROVIDE FOR PROPERTY RIGHTS IN CERTAIN
ALLIGATORS AND PARTS THEREOF; TO PROVIDE FOR THE
FURNISHING OR RETENTION OR INSPECTION OF RECORDS
OR BILLS OF SALE RELATING TO THE SALE OR PURCHASE
OR SHIPMENT OF ALLIGATOR SKINS, CARCASSES, OR
PARTS; TO PROVIDE FOR A SEVERANCE TAX UPON THE
SKINS OF CERTAIN ALLIGATORS TAKEN WITHIN THIS
STATE; TO PROHIBIT THE TAKING OR POSSESSION OF
ALLIGATORS OR THEIR EGGS, SKINS, OR PARTS, EXCEPT
AS PROVIDED HEREIN; TO PROVIDE FOR THE VOIDING OF
LICENSES ISSUED UNDER THIS CHAPTER UNDER CERTAIN
CIRCUMSTANCES; TO PROVIDE FOR THE FORFEITURE AND
DISPOSAL BY PUBLIC AUCTION OF CERTAIN ALLIGATORS,
PARTS, AND SKINS AND THE CANCELLATION OF
ALLIGATOR FARMER LICENSES UNDER CERTAIN
CIRCUMSTANCES; TO PROVIDE FOR THE DEPOSIT OF THE
PROCEEDS FROM PUBLIC AUCTIONS IN THE WILDLIFE
PROTECTION FUND OF THE STATE TREASURER FOR USE IN
ADMINISTERING THE ALLIGATOR CONTROL AND
MANAGEMENT PROGRAM OR FOR PROTECTION OF
NONGAME AND ENDANGERED SPECIES OF WILDLIFE;
AND TO PROVIDE FOR PENALTIES FOR THE VIOLATION OF
THIS CHAPTER AND REGULATIONS PROMULGATED
THEREUNDER.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Title 50 of the 1976 Code is amended by adding:
"Chapter 14
South Carolina Commercial Alligator Operations
Act
Section 50-14-10. This chapter may be cited as 'The South
Carolina Commercial Alligator Operations Act of 1997'.
Section 50-14-20. For the purposes of this chapter, unless the
context otherwise requires, the following terms mean:
(1) 'Alligator farm' means an enclosed area not located on public
lands or waters, constructed so as to prevent the ingress and egress of
alligators from surrounding public or private lands or waters and
meeting other specifications prescribed by the department, where
alligators are bred and raised under controlled conditions.
(2) 'Alligator farmer' means a person who raises alligators under
controlled conditions which prohibit free movement of the animals
onto and off of the farm or controlled area, and who may harvest
alligators under the supervision of the department.
(3) 'Alligator part' means any part of the carcass of an alligator,
except its skin.
(4) 'Alligator parts dealer' means any person who deals in
alligator parts and who buys from an alligator farmer for the purpose
of resale; or manufactures within the state alligator parts into a
finished product; or purchases, cans, processes, or distributes
alligator meat for wholesale or retail; provided, that a retailer selling
canned alligator parts or a retailer purchasing alligator parts from an
alligator parts dealer or a restaurant selling prepared alligator meat
for human consumption shall not be classified as an alligator parts
dealer.
(5) 'Board' means the governing board of the South Carolina
Department of Natural Resources.
(6) 'Department' means the South Carolina Department of
Natural Resources.
(7) 'Transport' means, in its different tenses, the act of shipping,
attempting to ship, receiving or delivering for shipment, transporting,
conveying, carrying, or exporting by air, land, or water, or by any
means whatsoever.
Section 50-14-30. Any person, firm, or corporation may engage in
the business of propagating alligators on an alligator farm for
restocking, propagation, and other commercial purposes by
complying with the provisions of this article, and may thereafter sell
either live alligators to other licensed alligator farmers only, or the
parts or skins of such farm-raised alligators to any person, for any
purpose, including sale for food, either within or without this state.
Section 50-14-40. Whoever desires to engage in the business of
raising, exhibiting, and selling alligators on alligator farms shall
apply to the department for a license to do so. If it appears that the
application is made in good faith, upon payment of $100.00, an
alligator farmer license may be issued permitting the applicant to
breed, propagate, exhibit and sell to other licensed alligator farmers
only, such alligators alive, or sell their skins and parts and to kill and
transport them and sell their skins and parts as herein provided.
Section 50-14-50. Alligator farmer licenses shall expire on the
thirty-first day of December of each year. On or before the first day
of January of the following year, every licensee shall apply for a
renewal of his license. In conjunction with this application, the
licensee shall provide a report including all information as specified
by the department. Upon receipt of the license application and the
report, in form and content prescribed by and satisfactory to the
department, and payment of $100.00, the department shall renew his
license.
Section 50-14-60. Alligators raised on such licensed breeding farms
may be sold alive to other licensed alligator farmers only, or taken for
their skins or for food, according to such rules and regulations as the
department may promulgate. All skins shall be tagged according to
rules and regulations of the department. The severance tax, as
provided in section 50-14-120, shall be paid before the raw alligator
skins are sold or shipped within or without the state, and a written
affidavit as to the number and kinds of skins sold or shipped shall be
furnished to the department as specified. No alligator carcass or parts
intended for sale shall be shipped, transported, sold, or offered for
sale unless tagged according to department regulations.
Section 50-14-70. Whoever under the authority of this article has in
his lawful possession any such alligators or parts thereof on such
posted or fenced alligator farm shall have a property right therein and
shall be the owner thereof. Whoever enters the alligator farm and
catches, takes, or attempts to catch or take such alligators when the
area has been posted or fenced according to law shall be punished as
though the alligators were ordinary domestic animals and subject to
the property rights of the owner according to the laws of the state of
South Carolina.
Section 50-14-80. (A) Each alligator parts dealer shall secure an
alligator parts dealer license from the department before commencing
business. The license shall be secured annually and shall be furnished
upon the payment of $100.00.
(B) Each retailer selling canned alligator parts or purchasing
alligator parts, and each restaurant selling prepared alligator meat for
human consumption shall secure a license from the department before
commencing business. The license shall be secured annually and
shall be furnished upon payment of $5.00.
Section 50-14-90. (A) Any licensed alligator farmer may sell
alligator carcasses or parts, provided he completes an official
alligator parts transaction form, furnished by the department, for
every alligator parts transaction. These forms shall be submitted to
the department at 30-day intervals until all parts are sold.
(B) Any alligator parts dealer purchasing alligator parts, other than
skins, shall complete an official alligator parts transaction form for
each purchase. Any alligator parts dealer selling alligator parts, other
than skins, shall complete an official alligator parts sale form for each
sale. These forms shall be furnished by the department and shall be
submitted to the department at 30-day intervals until final disposition
of all parts. Each alligator farmer and parts dealer shall furnish a bill
of sale to each retailer or restaurant purchasing alligator parts.
(C) Any retailer or restaurant purchasing alligator parts shall
maintain a bill of sale for each purchase for a period of six months
after such purchase. These records shall be available for inspection
at any and all reasonable hours by the board of natural resources, law
enforcement officers or any other persons appointed and designated
by the board for such purpose.
(D) The records of transaction involving alligator parts of alligator
farmers and parts dealers shall be available for inspection at any and
all reasonable hours by the board of natural resources, law
enforcement officers or any other persons appointed and designated
by the board for such purpose. Each parts dealer shall maintain
complete records for a period of one year following any transaction.
Section 50-14-100. Each alligator farmer shall tag with an official
alligator parts tag, furnished by the department, all carcasses, meat,
or nonedible alligator parts prior to sale and upon dissection from the
carcass. This tag shall be completed in full and remain attached to the
carcass or part until final disposition by the alligator farmer, parts
dealer, or consumer if purchased directly from an alligator farmer.
Section 50-14-110. All raw alligator skins shipped within this state
shall be tagged so as to show the number and kinds of skins in the
shipment, the consignor, shipping point, consignee, and destination.
The department shall supply suitable tags to all shippers requiring
them for actual shipments. No alligator skin intended for shipment
within this state shall be accepted by any post office, express
company, or agent, or the agent of any common carrier, unless there
is attached to one of the packages composing the shipment to each
consignee one of the tags specified herein.
Section 50-14-120. There is hereby levied a severance tax on each
alligator skin taken from any alligator within this state, payable to the
state through the department by the alligator farmer selling or
shipping his skins within or without the state or taking his own catch
out of state, at the rate of $1.00 on each skin. Failure to pay such
severance tax subjects all alligator skins held by such alligator
farmers to confiscation by order of the department. Failure to
maintain complete records and to pay the severance tax as provided
herein subjects any alligator farmer to the full penalties provided in
this article and the immediate revocation of his license by the
department. No license shall be issued to any alligator farmer who
has not paid such severance tax for the preceding year. Violation of
this section is a Class A misdemeanor.
Section 50-14-130. No person shall take or possess the eggs of
alligators, alligators, or their parts or skins in any county of this state
except as provided for in this article, and the provisions of this
section shall not apply to legal finished products, alligators or parts
thereof legally acquired prior to the effective date of this chapter, or
alligators harvested or collected under a permit from the board of the
department of natural resources. Violation of this section is a Class
C felony.
Section 50-14-140. Notwithstanding anything herein to the contrary,
in the event the federal government places the alligator in an
endangered species status, all licenses issued pursuant to this article
shall be null and void upon the earlier of the following dates: (1) the
expiration date of said licenses or (2) one year from the date that the
federal government placed the alligator in an endangered species
status.
Section 50-14-150. Any person licensed under this chapter who is
convicted of violating any of the provisions of this chapter, or
regulations promulgated under the authority of this chapter, shall
have his license canceled and all alligators, alligator parts, and
alligator skins in his possession shall be forfeited to the department
of natural resources. These shall be disposed of by the department
through public auction and the proceeds thereof deposited in the
Wildlife Protection fund of the State Treasurer and used for costs of
administering the Alligator Control and Management Program or for
the protection of nongame and endangered species of wildlife. Any
alligator farmer having his license so canceled will be ineligible to
purchase such a license for a period of five years. After five years,
said person may purchase an alligator farmer license only on written
recommendation of the director of the game and fish division of the
department.
Section 50-14-160. The board shall have the authority to adopt and
promulgate rules and regulations relative to commercial alligator
farming and related operations including, but not limited to, the
power:
(1) To establish standards relating to enclosures, housing facilities,
handling, care, and treatment of live alligators on the alligator farm
of the licensee;
(2) To establish standards relating to the processing, marking, sale,
and exportation of hides of alligators harvested on the alligator farm
of the licensee;
(3) To require, at such times as it deems necessary for the
department to discharge its responsibilities under this Code section,
from each licensee an application for a commercial alligator farming
license in such form and containing such information as the
department deems necessary; and
(4) To require each licensee to maintain on his business premises
records in such form and containing such information as is required
by the department to discharge its responsibilities under this Code
section."
SECTION 2. This act takes effect upon approval by the Governor.
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