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COMMITTEE REPORT
February 19, 2003
H. 3353
Introduced by Reps. 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
S. Printed 2/19/03--H. [SEC 2/20/03 3:10 PM]
Read the first time January 16, 2003.
To whom was referred a Bill (H. 3353) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ 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."
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."
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. No 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 back into the wild unharmed at another location outside of the enclosure. Foxes or coyotes trapped outside the trapping season must be immediately destroyed."
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 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 in regulations promulgated by the department. It is unlawful to possess a live wolf or coyote in his possession without a permit issued by the department."
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) a person who owns a an owner or enclosure operator of a permitted fox and coyote hunting enclosure and who is permitted annually by the department to purchase live foxes for release into his pen. The foxes must be obtained from a South Carolina licensed commercial trapper and may be obtained only if the foxes were taken lawfully in this State. Record of fox purchases or transfers must be reported annually on forms provided by the department purchases live foxes or coyotes for release into the enclosure."
SECTION 6. Sections 50-11-1760 and 50-11-1770 of the 1976 Code are repealed.
SECTION 7. This act takes effect upon approval by the Governor. /
Amend title to conform.
WILLIAM D. WITHERSPOON for Committee.
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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