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TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-11-105 TO PROVIDE MEASURES THE DEPARTMENT OF NATURAL RESOURCES MAY IMPLEMENT TO PREVENT AND CONTROL THE SPREAD OF DISEASE AMONG WILDLIFE; TO AMEND SECTION 50-11-1090, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO ALLOW THE TAKING OF ANIMALS THAT CAUSE DAMAGE TO CROPS AND PROPERTY, TO EXTEND THIS AUTHORITY TO ANIMALS POSING A HUMAN HEALTH RISK; AND TO AMEND ARTICLE 8, CHAPTER 11 OF TITLE 50 BY ADDING SECTION 50-11-1900 TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS OR TRANSPORT LIVE DEER EXCEPT IN CERTAIN CIRCUMSTANCES AND PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 11 of Title 50 of the 1976 Code is amended by adding:
"Section 50-11-105. The department, after consulting with the State Livestock-Poultry Health Commission and the United States Department of Agriculture Veterinarian in Charge for South Carolina, may carry out operations including quarantines, destruction of wildlife, or other measures to locate, detect, control, eradicate, or retard the spread of diseases of wildlife independently or in cooperation with counties or their political subdivisions, municipalities, property owner's associations or similar organizations, individuals, federal agencies, or agencies of other states, by regulation, compliance agreement, judicial action, or other appropriate means. The State shall not be required to indemnify the property owner for any wildlife taken as a result of this action.
The department, in accordance with the Administrative Procedures Act and in order to ensure the continued health and safety of wildlife may promulgate and enforce reasonable regulations to control or prohibit the shipment within, export from, or import into this State any wildlife, carcasses, or associated products of any nature or character from a state, territory, or foreign country when, in the opinion of the department, the regulation or prohibition is necessary to prevent the introduction or distribution of a disease or diseased, infirmed, or unhealthy wildlife."
SECTION 2. Section 50-11-1090 of the 1976 Code is amended to read:
"Section 50-11-1090. The department has the authority during any season of the year to permit the taking of any game animal and prescribe the method by which they may be taken when they become so numerous that they cause excessive damage to crops and or property or when they pose a potential human health risk. Any animal taken under these conditions is under the supervision of the department. Any deer killed under these conditions must be given to eleemosynary institutions."
SECTION 3. Article 8, Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-1900. (A) It is unlawful for any person to possess or transport a live deer. For the purposes of this section, possession does not include deer lawfully within an enclosure registered pursuant to this chapter.
(B) The department may issue a permit authorizing the possession or transportation of live deer for the following purposes only:
(1) bonafide scientific research, as approved by the department, by persons or institutions properly accredited, staffed, and equipped to carry out an approved research plan;
(2) wildlife rehabilitators registered with the department to care for sick, orphaned, or other deer that are in need of care until such time that the deer are euthanized or returned to the wild. Rehabilitators must report annually to the department the number, sex, and disposition of deer under their supervision.
(C) The following provisions are applicable to every person in possession of a live white-tailed deer upon the effective date of this section:
(1) Any person in possession of a live deer must register the deer with the department within one hundred-twenty days after the effective date of this section.
(2) Each deer registered must have some form of identifying mark as specified by the department.
(3) Reproduction by captive deer must be prevented.
(4) The department must be notified of any changes in status of registered deer, including significant illness, death, or escape.
(5) The department, at the request of an individual possessing live deer, may facilitate the removal of the deer. Disposal of the deer is within the discretion of the department.
(D) The department is authorized to transport and possess live deer for conservation, scientific, or educational purposes.
(E) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than two years, or both. Hunting and fishing privileges of a person convicted under the provisions of this section must be suspended for three years."
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on Thursday, June 25, 2009 at 10:03 A.M.