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H. 3459
STATUS INFORMATION
General Bill
Sponsors: Reps. Ott, Rhoad, Bales, Clark, Duncan, Frye, Hagood, Harrell, Hayes, Limehouse, M.A. Pitts, Toole, Umphlett and Witherspoon
Document Path: l:\council\bills\gjk\20163sd05.doc
Companion/Similar bill(s): 289
Introduced in the House on February 3, 2005
Currently residing in the House Committee on Agriculture, Natural Resources and Environmental Affairs
Summary: Furs
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/3/2005 House Introduced and read first time HJ-14
2/3/2005 House Referred to Committee on Agriculture, Natural Resources
and Environmental Affairs HJ-15
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 50-11-2420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL FUR LICENSES, SO AS TO INCREASE THE LICENSE FEES; TO AMEND SECTION 50-11-2460, AS AMENDED, RELATING TO THE TRAPPING OF BEARS, SO AS TO FURTHER PROVIDE FOR THE TYPES OF TRAPS WHICH MAY BE USED; TO AMEND SECTION 50-11-2475, AS AMENDED, RELATING TO A FUR PROCESSOR'S LICENSE, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS WHO ARE REQUIRED TO OBTAIN A LICENSE AND FOR THOSE WHO ARE NOT; TO AMEND SECTION 50-11-2480, AS AMENDED, RELATING TO PERSONS WHO ARE NOT REQUIRED TO OBTAIN A FUR BUYERS LICENSE, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 50-11-2490, AS AMENDED, RELATING TO FUR BUYERS AND PROCESSORS REQUIRED TO KEEP A DAILY REGISTER, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS REQUIRED TO KEEP SUCH A REGISTER AND THE CONTENTS OF THE REGISTER; TO AMEND SECTION 50-11-2510, AS AMENDED, RELATING TO THE TAGGING OF BOBCAT AND OTTER FURS, PELTS, AND HIDES AND THE ISSUANCE AND FEES FOR THOSE TAGS, SO AS TO REVISE THOSE PERSONS REQUIRED TO HAVE SUCH A TAG AND THE FEES AND PROCEDURES FOR THOSE TAGS; TO AMEND SECTION 50-11-2515, AS AMENDED, RELATING TO THE UNLAWFUL TRAFFICKING IN FURS OR FURBEARING ANIMALS, SO AS TO FURTHER PROVIDE FOR THE ELEMENTS OF THIS OFFENSE; TO AMEND SECTION 50-11-2540, AS AMENDED, RELATING TO THE COMMERCIAL TRAPPING SEASON FOR FURBEARING ANIMALS, SO AS TO REVISE THE LENGTH OF THIS SEASON; TO AMEND SECTION 50-11-2560, AS AMENDED, RELATING TO THE PENALTIES FOR VIOLATING THE PROVISIONS OF CERTAIN FUR AND FURBEARING PROVISIONS OF LAW, SO AS TO FURTHER PROVIDE FOR THOSE PROVISIONS TO WHICH THESE PENALTIES APPLY; TO AMEND SECTION 50-11-2610, RELATING TO FOX AND COYOTE HUNTING ENCLOSURE PERMITS, SO AS TO REVISE THE PERMIT YEAR; AND TO REPEAL SECTION 50-11-2500 RELATING TO PERMITS TO HOLD FURS BEYOND THE END OF THE REGULAR SEASON FOR TAKING FUR BEARING ANIMALS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-11-2420 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-2420. In addition to a valid state hunting license, a commercial fur license is required of all persons who sell or take by any means, except trapping, furbearing animals for commercial purposes and all persons who trap or who attempt to trap any furbearing animals. The license is issued by the department at a cost of ten twenty-five dollars for residents and one two hundred dollars for nonresidents. The license is valid for the fiscal year for which issued. Any person taking animals under authority of a commercial fur license shall carry the license on his person. Any person having in his possession more than five furbearing animals or raw or green pelts shall have a valid commercial fur license. The provisions of this section do not apply to a processor, manufacturer, or retailer."
SECTION 2. Section 50-11-2460 of the 1976 Code, as last amended by Act 23 of 2003, is further amended to read:
"Section 50-11-2460. The following traps are allowed for trapping in accordance with an approved commercial fur license:
(1) body gripping traps (generally known by the brand name 'Conibear') when used without bait or scents for vertical water sets and vertical slide sets only;
(2) live traps;
(3) foot-hold traps of a size number two or smaller having an inside jaw spread of 5.75 inches or smaller when measured perpendicular to the pivot points when the trap is in the set position for land sets and a size number three or smaller 6.50 inches or smaller when measured perpendicular to the pivot points when the trap is in the set position for water sets;
(4) enclosed foothold traps such as the 'Duffer', 'egg', 'coon-cuff', and similarly designed dog-proof style traps designed for raccoons;
(5) snares may be used in water sets only.
All other traps, including 'deadfall' traps, are unlawful unless expressly authorized by the department by regulation.
All traps must bear the owner's name and address either directly thereon or by an attached identification tag."
SECTION 3. Section 50-11-2475 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-2475. Any fur processor A person engaged in processing the hides of furbearing animals is required to obtain a fur processor's license. The license is issued by the department at a cost of five hundred dollars. The license is valid for the state fiscal year in which it is issued. A taxidermist who possesses any fur, pelt, hide, or whole furbearing animal legally owned by another person, which he is temporarily holding for the purpose of processing, is not required to obtain this license. A commercial fur licensee who only processes furs, hides, or pelts taken by him is not required to have a processor's license. All processors shall keep a daily register showing the name and address of each person from whom the fur, pelt, hide, or whole furbearing animal is received, the number of each species, and the date and place of origin. All processors shall report the information to the department not later than June thirtieth of each year."
SECTION 4. Section 50-11-2480 of the 1976 Code, as last amended by Act 23 of 2003, is further amended to read:
"Section 50-11-2480. The following persons are not required to obtain the a fur buyer's 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 fur 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) an owner or enclosure operator of a permitted fox and coyote hunting enclosure who purchases live foxes or coyotes for release into the enclosure."
SECTION 5. Section 50-11-2490 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-2490. All fur dealers, buyers, and processors, other than retailers, shall keep a daily register on forms provided by the department showing the name and address of each person from whom any furs are purchased, the number of his the seller's commercial fur license, and the number and types of furs, pelts, or hides purchased. Not later than the tenth day of each month, all dealers, buyers, and processors shall furnish the department all of the daily register sheets for the previous month. Any fur, pelt, or hide not properly tagged or logged as provided in this chapter when examined by the department is declared contraband and must be confiscated by the department."
SECTION 6. 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 A person required to be licensed pursuant to Section 50-11-2420 have a commercial fur license who takes any furbearing animal an otter or bobcat 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 shipped, or transferred to a person or business, or transported out of the State, if required by the federal government in order to comply with the Convention on International Trade in Endangered Species (CITES). 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 department is authorized to issue CITES tags and shall charge a processing fee of three dollars for each order. 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 issued for each species and the area in which they may be used. Furbearing animals taken live to be sold as live animals are not required to be tagged."
SECTION 7. Section 50-11-2515 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-2515. Except as otherwise permitted in this article, it is unlawful to possess, acquire, or transfer any untagged raw or green fur, pelt, hide, or whole furbearing animal. It is also unlawful to possess, acquire, or transfer any untagged fur, pelt, hide, or whole animal that requires a tag. Any person convicted of a violation of this section is guilty of a misdemeanor and must be punished as provided in Section 50-11-2560. Each fur, pelt, hide, or whole animal found untagged or unlawfully tagged in violation of this section constitutes a separate offense."
SECTION 8. Section 50-11-2540 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-2540. It is lawful to trap furbearing animals for commercial purposes from January first to March first of each year. The trapping season may not exceed sixty sixty-one days each year under any circumstances. It is unlawful to trap any other times unless authorized by the department. It is lawful to take furbearing animals by other lawful means during the general open hunting seasons established therefore."
SECTION 9. Section 50-11-2560 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-2560. Except as otherwise provided in this chapter, any 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 this chapter, 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 10. Section 50-11-2610(A) of the 1976 Code, as added by Act 23 of 2003, is amended to read:
"(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 May sixteenth of one year to March May fifteenth of the next year."
SECTION 11. Section 50-11-2500 of the 1976 Code is repealed.
SECTION 12. This act takes effect upon approval by the Governor.
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