South Carolina General Assembly
115th Session, 2003-2004

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Bill 3353


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Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 50-11-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BRINGING INTO OR RELEASING A COYOTE IN THIS STATE BEING UNLAWFUL, SO AS TO PROVIDE AN EXCEPTION, AND TO DELETE THE REQUIREMENT THAT A PERMIT BE OBTAINED BEFORE TRAPPING COYOTES OUTSIDE THE PRESCRIBED TRAP DISTANCE LIMITS; TO AMEND SECTION 50-11-1765, AS AMENDED, RELATING TO POSSESSION, SALE, OR IMPORTATION OF LIVE WOLVES AND COYOTES, SO AS TO PROVIDE EXCEPTIONS; 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 A PERSON WHO OWNS A COYOTE HUNTING ENCLOSURE AND IS PERMITTED BY THE DEPARTMENT OF NATURAL RESOURCES TO PURCHASE LIVE COYOTES FOR RELEASE INTO HIS PEN IS NOT REQUIRED TO OBTAIN A FUR DEALER, BUYER, OR PROCESSOR'S LICENSE, TO PROVIDE THAT COYOTES MUST BE OBTAINED FROM A SOUTH CAROLINA LICENSED COMMERCIAL TRAPPER AND MAY BE OBTAINED ONLY IF THE COYOTES WERE TAKEN LAWFULLY IN THIS STATE; AND TO AMEND SECTION 50-11-2510, AS AMENDED, RELATING TO TAGGING OF CERTAIN FURS, PELTS, AND HIDES, SO AS TO PROVIDE THAT FURBEARING ANIMALS, INCLUDING COYOTES, TAKEN LIVE TO BE SOLD AS LIVE ANIMALS ARE NOT REQUIRED TO BE TAGGED.

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

SECTION    1.    Section 50-11-1760 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-1760.    It is unlawful to bring a coyote into the State in any manner, except one brought into the State and kept in captivity for exhibition purposes, or to release a coyote within the State except as authorized by Section 50-11-2480(5). Any A violation of this section is punishable by imprisonment for not more than one year or by a fine not exceeding five hundred dollars.

It is lawful for any person to trap or kill any coyote in this State at any time, but a permit must be obtained from the department before trapping coyotes outside the trap distance limits as prescribed in Section 50-11-2410."

SECTION    2.    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 coyotes within the State or to ship or import live wolves or coyotes into this State, except for exhibition or scientific purposes upon the approval of the department as provided by regulations promulgated by the department. A person may not have a live wolf or coyote in his possession without a permit issued by the department. This section does not apply to activities authorized by Section 50-11-2480(5)."

SECTION    3.    Section 50-11-2480 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-2480.    The following persons are not required to obtain the license provided for in Section 50-11-2470:

(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;

(2)    a person licensed under Section 50-11-2475 as a processor;

(3)    a taxidermist who possesses a fur, pelt, hide, or whole furbearing animal legally owned by another person which he is holding temporarily solely for the purposes of processing;

(4)    a person acquiring furbearing animal carcasses without hides;

(5)    a person who owns a fox or coyote hunting enclosure and who is permitted annually by the department to purchase live foxes or coyotes for release into his pen. The foxes or coyotes must be obtained from a South Carolina licensed commercial trapper and may be obtained only if the foxes or coyotes were taken lawfully in this State. Record of fox or coyote purchases or transfers must be reported annually on forms provided by the department."

SECTION    4.    Section 50-11-2510 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-2510.    Any person required to be licensed pursuant to Section 50-11-2420 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, including coyotes, taken live to be sold as live animals are not required to be tagged."

SECTION    5.    This act takes effect upon approval by the Governor.

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