H*3353(Rat #0049, Act #0023 of 2003)  General Bill, By Rhoad, Ott, Frye, Koon, 
Snow, Witherspoon, R. Brown, Coates, Cobb-Hunter, J.E. Smith, Hayes, Anthony, 
Bales, G. Brown, Emory, Kennedy, Kirsh, Limehouse, McCraw, J.M. Neal, Phillips, 
Rivers, Scarborough, G.M. Smith, Tripp, Umphlett and Lloyd
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13
 TO CHAPTER 11, TITLE 50, SO AS TO PROVIDE FOR REGULATION AND PERMITTING OF FOX
 AND COYOTE HUNTING ENCLOSURES, PROVIDE THAT IT IS UNLAWFUL TO BUY, SELL,
 TRANSFER, POSSESS, OR RELEASE A LIVE COYOTE, COYOTE-HYBRID, OR FOX WITHIN THE
 STATE EXCEPT AS PERMITTED BY THE DEPARTMENT OF NATURAL RESOURCES PURSUANT TO
 THIS TITLE, TO REGULATE THE PURCHASE, SALE, POSSESSION, TRAPPING, DESTRUCTION,
 OR RELEASE OF CERTAIN ANIMALS IN THIS STATE, AND TO PROVIDE PENALTIES FOR
 VIOLATIONS OF THIS ARTICLE; TO AMEND SECTION 50-11-710, AS AMENDED, RELATING
 TO NIGHT HUNTING BEING UNLAWFUL WITH CERTAIN EXCEPTIONS, SO AS TO INCLUDE
 COYOTES WITHIN THE EXCEPTIONS TO NIGHT HUNTING; TO AMEND SECTION 50-11-1145,
 RELATING TO TRAPPING AND RELEASE OF PREDATORY ANIMALS WITHIN ENCLOSURES FOR
 RUNNING RABBITS, SO AS TO PROVIDE FOR TRAPS THAT MAY BE USED AND FOR THE
 RELEASE OR DESTRUCTION OF CERTAIN PREDATORY ANIMALS; TO AMEND SECTION
 50-11-1765, AS AMENDED, RELATING TO POSSESSION, SALE, OR IMPORTATION OF LIVE
 WOLVES AND COYOTES, SO AS TO DELETE COYOTES FROM THE SECTION; TO AMEND SECTION
 50-11-2480, AS AMENDED, RELATING TO PERSONS NOT REQUIRED TO OBTAIN FUR DEALER,
 BUYER, OR PROCESSOR'S LICENSE, SO AS TO PROVIDE THAT AN OWNER OR OPERATOR OF A
 FOX AND COYOTE HUNTING ENCLOSURE WHO PURCHASES LIVE FOXES OR COYOTES FOR
 RELEASE INTO THE ENCLOSURE IS NOT REQUIRED TO OBTAIN A FUR DEALER, BUYER, OR
 PROCESSOR'S LICENSE; TO AMEND SECTION 50-11-2460, RELATING TO TRAPS ALLOWED
 FOR TRAPPING AND BEARING THE OWNER'S NAME AND ADDRESS, SO AS TO PROVIDE FOR
 WHEN CERTAIN BODY GRIPPING TRAPS AND CERTAIN FOOT-HOLD TRAPS MAY BE USED; AND
 TO REPEAL SECTION 50-11-1760, RELATING TO BRINGING INTO OR RELEASING A COYOTE
 IN THIS STATE BEING UNLAWFUL, SECTION 50-11-1770, RELATING TO THE SALE OR
 SHIPMENT OF LIVE FOXES WITHIN THE STATE BEING UNLAWFUL, SECTION 50-11-2410,
 RELATING TO THE USE OF CERTAIN TRAPS BEING PROHIBITED, AND SECTION 50-11-2415,
 RELATING TO THE USE OF CERTAIN RUBBER PADDED STEEL FOOT-HOLD TRAPS TO CAPTURE
 FOX. - ratified title

   01/16/03  House  Introduced and read first time HJ-237
   01/16/03  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-238
   01/21/03  House  Member(s) request name added as sponsor: Lloyd
   02/19/03  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-4
   02/20/03         Scrivener's error corrected
   02/25/03  House  Amended HJ-23
   02/25/03  House  Read second time HJ-27
   02/26/03  House  Read third time and sent to Senate HJ-16
   02/26/03  Senate Introduced and read first time SJ-18
   02/26/03  Senate Referred to Committee on Fish, Game and Forestry SJ-18
   04/02/03  Senate Committee report: Favorable with amendment Fish,
                     Game and Forestry SJ-23
   04/03/03  Senate Amended SJ-48
   04/03/03  Senate Read second time SJ-48
   04/08/03  Senate Read third time and returned to House with
                     amendments SJ-36
   04/10/03  House  Concurred in Senate amendment and enrolled HJ-39
   04/16/03         Ratified R 49
   04/23/03         Became law without Governor's signature
   05/01/03         Copies available
   05/01/03         Effective date 04/23/03
   05/12/03         Act No. 23

(A23, R49, H3353)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 11, TITLE 50, SO AS TO PROVIDE FOR REGULATION AND PERMITTING OF FOX AND COYOTE HUNTING ENCLOSURES, PROVIDE THAT IT IS UNLAWFUL TO BUY, SELL, TRANSFER, POSSESS, OR RELEASE A LIVE COYOTE, COYOTE-HYBRID, OR FOX WITHIN THE STATE EXCEPT AS PERMITTED BY THE DEPARTMENT OF NATURAL RESOURCES PURSUANT TO THIS TITLE, TO REGULATE THE PURCHASE, SALE, POSSESSION, TRAPPING, DESTRUCTION, OR RELEASE OF CERTAIN ANIMALS IN THIS STATE, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-11-710, AS AMENDED, RELATING TO NIGHT HUNTING BEING UNLAWFUL WITH CERTAIN EXCEPTIONS, SO AS TO INCLUDE COYOTES WITHIN THE EXCEPTIONS TO NIGHT HUNTING; TO AMEND SECTION 50-11-1145, RELATING TO TRAPPING AND RELEASE OF PREDATORY ANIMALS WITHIN ENCLOSURES FOR RUNNING RABBITS, SO AS TO PROVIDE FOR TRAPS THAT MAY BE USED AND FOR THE RELEASE OR DESTRUCTION OF CERTAIN PREDATORY ANIMALS; TO AMEND SECTION 50-11-1765, AS AMENDED, RELATING TO POSSESSION, SALE, OR IMPORTATION OF LIVE WOLVES AND COYOTES, SO AS TO DELETE COYOTES; TO AMEND SECTION 50-11-2480, AS AMENDED, RELATING TO PERSONS NOT REQUIRED TO OBTAIN FUR DEALER, BUYER, OR PROCESSOR'S LICENSE, SO AS TO PROVIDE THAT AN OWNER OR OPERATOR OF A FOX AND COYOTE HUNTING ENCLOSURE WHO PURCHASES LIVE FOXES OR COYOTES FOR RELEASE INTO THE ENCLOSURE IS NOT REQUIRED TO OBTAIN A FUR DEALER, BUYER, OR PROCESSOR'S LICENSE; TO AMEND SECTION 50-11-2460, RELATING TO TRAPS ALLOWED FOR TRAPPING AND BEARING THE OWNER'S NAME AND ADDRESS, SO AS TO PROVIDE WHEN CERTAIN BODY GRIPPING TRAPS AND CERTAIN FOOT-HOLD TRAPS MAY BE USED; AND TO REPEAL SECTION 50-11-1760, RELATING TO BRINGING INTO OR RELEASING A COYOTE IN THIS STATE BEING UNLAWFUL, SECTION 50-11-1770, RELATING TO THE SALE OR SHIPMENT OF LIVE FOXES WITHIN THE STATE BEING UNLAWFUL, SECTION 50-11-2410, RELATING TO THE USE OF CERTAIN TRAPS BEING PROHIBITED, AND SECTION 50-11-2415, RELATING TO THE USE OF CERTAIN RUBBER PADDED STEEL FOOT-HOLD TRAPS TO CAPTURE FOX.

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

Fox and coyote hunting enclosures; possession or release of live coyote or coyote-hybrid within the State; commercial fur license permits

SECTION    1.    Chapter 11, Title 50 of the 1976 Code is amended by adding:

Section 50-11-2600.    For purposes of this article:

(1)    'Fox and coyote hunting enclosure' and 'enclosure' mean a structure that restricts the free movement of foxes and coyotes into or out of an area.

(2)    'Enclosure operator' means the owner, manager, or operator of an enclosure. Only one operator is allowed for each enclosure in addition to the owner.

(3)    'Owner' means the person that owns the property enclosed, or one that leases the property with an agreement with the enclosed lands owner to retain possession of the improvements to the property.

Section 50-11-2605.    It is unlawful to buy, sell, transfer, possess, or release a live coyote, coyote-hybrid, or fox within the State except as permitted by the department pursuant to this title.

Section 50-11-2610.    (A)    The department is authorized to issue fox and coyote hunting enclosure permits to an enclosure operator pursuant to the terms and provisions of this article. There is no charge for the permit. For purposes of this article a permit year is from March sixteenth of one year to March fifteenth of the next year.

(B) An operating permit is valid only for one enclosure; additional permits are required to operate more than one enclosure. It is unlawful for a person to submit false information to the department when making application for a permit provided for in this article. Intentional misrepresentation of information submitted on the application results in the denial or revocation of the enclosure permit.

(C)    It is unlawful to operate or hunt fox or coyote within a fox or coyote hunting enclosure that is not permitted pursuant to the provisions of this article.

Section 50-11-2620.    (A)    Foxes and coyotes for stocking hunting enclosures may be obtained only from a South Carolina licensed trapper and must be lawfully taken within this State during the regular trapping season.

(B)    Foxes and coyotes for stocking hunting enclosures may be obtained only by the owner or enclosure operator of a permitted enclosure. Foxes and coyotes may be released only into an enclosure that is permitted by this title by the owner or enclosure operator of the permitted enclosure.

(C)    The owner and enclosure operator shall record all fox and coyote purchases, transfers, and releases into the hunting enclosures daily on a form provided by the department. These forms must be retained and made available for reasonable inquiry by department employees. No later than April fifteenth the owner and enclosure operator shall furnish the department all of the daily register forms for the permit period. It is unlawful for a person to fail to report to the department as required by this section.

Section 50-11-2630.    (A)    A commercial fur license permits a trapper to possess, sell, barter, or exchange live foxes or coyotes taken by the trapper. The possession, sale, barter, or exchange is lawful only during the trapping season and for thirty days following the closing date of the trapping season.

(B)    Live foxes or coyotes may be sold or transferred only to an owner or enclosure operator of a permitted enclosure by the trapper who took the animal.

(C)    A trapper shall maintain accurate records on a daily basis of all sales, purchases, transfers, or exchanges on the furbearer harvest record forms provided by the department. These forms must be retained and made available for reasonable inquiry by department employees. A trapper shall furnish the department all of the daily forms and the fur harvest report for the previous year no later than April fifteenth. It is unlawful for a person to fail to report to the department as required by this section.

Section 50-11-2640.    (A)    It is unlawful to bring, import, or cause to have imported a live coyote or fox into this State, except those brought into the State and kept in captivity by permit from the department for exhibition purposes. It is unlawful to release a coyote in this State except as authorized by this title.

(B)    A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than one year. A conviction for a second offense occurring within five years of a first offense conviction is punishable by a fine of five thousand dollars or imprisonment for two years. For a second offense conviction within five years of the date of a first conviction, the enclosure and associated property is ineligible permanently for an enclosure permit.

(C)    A commercial fur license held by a person convicted of a second offense within five years of a first conviction must be suspended for five years.

Section 50-11-2650.    Except as otherwise provided, a person who violates a provision of this article is guilty of a misdemeanor and, upon conviction, must be:

(1)    for a first offense, fined not less than fifty dollars nor more than five hundred dollars or imprisoned not more than thirty days;

(2)    for a second offense within two years of a conviction for the first offense, fined five hundred dollars or imprisoned not more than thirty days; and

(3)    for a third or subsequent offense within two years of a conviction for the second offense, fined not less than one thousand dollars nor more than five thousand dollars or imprisoned for not more than six months."

Night hunting coyotes

SECTION    2.    The first paragraph of Section 50-11-710 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Night hunting in this State is unlawful except that raccoons, opossums, foxes, coyotes, mink, and skunk may be hunted at night; however, they may not be hunted with artificial lights except when treed or cornered with dogs, or with buckshot or any shot larger than a number four, or any rifle ammunition of larger than a twenty-two rimfire."

Trapping predatory animals within certain enclosures; traps; release or destruction of animals

SECTION    3.    Section 50-11-1145 of the 1976 Code, as added by Act 353 of 2000, is amended to read:

"Section 50-11-1145.    Notwithstanding any other provision of law, and at any time during the year, the owner, lessee, or person in lawful possession of land whereon an enclosure for running rabbits with dogs has been erected may trap fox, wildcat, bobcat, wolf, coyote, skunk, raccoons, and any other predatory animal within the enclosure when using a cage-type trap that does not injure or kill the animal. A pole-top trap, steel trap, foot-hold trap, rubber padded trap, body gripping trap, or trap that injures or kills an animal may not be used to remove predatory animals from an enclosure, and all predatory animals, except foxes and coyotes, trapped in a cage-type trap must be destroyed or immediately released outside of the enclosure. Foxes or coyotes trapped outside the trapping season must be immediately destroyed."

Sale or possession of live wolves in State unlawful; exceptions

SECTION    4.    Section 50-11-1765 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-1765.    It is unlawful to sell live wolves or to ship or import live wolves into this State, except as provided in regulations promulgated by the department. It is unlawful to possess a live wolf without a permit issued by the department."

Purchasing live foxes or coyotes for release into enclosures

SECTION    5.    Section 50-11-2480(5) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(5)    an owner or enclosure operator of a permitted fox and coyote hunting enclosure who purchases live foxes or coyotes for release into the enclosure."

Traps allowed for trapping with approved commercial fur license

SECTION    6.    Section 50-11-2460 of the 1976 Code is amended to read:

"Section 50-11-2460.    The following traps are allowed for trapping in accordance with an approved commercial fur license:

(1)    body gripping traps (generally known by the brand name 'Conibear') when used without bait or scents for vertical water sets and vertical slide sets only;

(2)    live traps;

(3)    foot-hold traps of a size number two or smaller for land sets and a size number three or smaller for water sets.

All other traps, including 'deadfall' traps, are unlawful unless expressly authorized by the department by regulation.

All traps must bear the owner's name and address either directly thereon or by an attached identification tag."

Repeal

SECTION    7.        Sections 50-11-1760, 50-11-1770, 50-11-2410, and 50-11-2415 of the 1976 Code are repealed.

Time effective

SECTION    8.    This act takes effect upon approval by the Governor.

Ratified the 16th day of April, 2003.

Became law without the signature of the Governor -- 4/23/03.