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TO AMEND ARTICLE 8, CHAPTER 11, TITLE 50 OF THE 1976 CODE 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 8, Chapter 11 of 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. No more than one hundred wildlife rehabilitators may be registered statewide for the purposes of this section.
(C) With the exception of wildlife rehabilitators, 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) The department must be notified of any changes in status of registered deer, including significant illness, birth, death, or escape. The registration will be amended to reflect any changes in status of registered deer.
(3) The release of registered deer without prior consent by the department is unlawful.
(4) 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 punished as follows: (1) for a first offense, fined not more than five hundred dollars or imprisoned for not more than thirty days; and
(2) for a second or subsequent offense, fined one thousand dollars or imprisoned for not more than sixty days.
Only those violations that occurred within a period of three years, including and immediately preceding the date of the last violation, constitute prior violations within the meaning of this section. The hunting and fishing privileges of a person convicted under the provisions of this section must be suspended for one year."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Thursday, June 25, 2009 at 10:19 A.M.