H 3683 Session 109 (1991-1992)
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
Licensing of Hound Coursing
Pen Operators
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.
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