Indicates Matter Stricken

Indicates New Matter

Committee Report

May 01, 2024

H. 4874

Introduced by Reps. Hixon, Chapman and Forrest

S. Printed 05/01/24--S.

Read the first time April 02, 2024

________

The committee on Senate Fish, Game and Forestry

To whom was referred a Bill (H. 4874) to amend the South Carolina Code of Laws by adding Chapter 17 to Title 50 so as to regulate captive wildlife by defining terms, outlining the permitting process, etc., respectfully

Report:

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.  Title 50 of the S.C. Code is amended by adding:

CHAPTER 17

Captive Wildlife

    Section 50-17-10.  For purposes of this chapter:

    (1) "AZA" means the Association of Zoos and Aquariums.

    (2) "Captive wildlife" means any wildlife, game animal, furbearing animal, part, product, egg, offspring, nest, dead body, derivative, or part thereof which is managed, protected, or the taking of which is specifically regulated by the department. This definition does not apply to the animal species of Chapter 2, Title 47.

    (3) "Department" means the South Carolina Department of Natural Resources.

    (4) "DPH" means the South Carolina Department of Public Health.

    (5) "Major wildlife violation" means a violation of any state or federal wildlife laws where the penalty carries more than one year in prison, results in the revocation of a state hunting or fishing license, or carries a fine of more than one thousand dollars.

    (6) "North American furbearer" means a badger, beaver, bobcat, coyote, Canada lynx, ermine, fisher, arctic fox, gray fox, kit fox, red fox, swift fox, marten, mink, muskrat, nutria, opossum, raccoon, ringtail, otter, skunk, weasel, wolf, or wolverine.

    (7) "Person" means an individual, partnership, corporation, organization, association, or other legal entity.

    (8) "Rabies vector species" means a bat, bobcat, coyote, fox, raccoon, and skunk.

    (9) "Registered animal" means captive wildlife possessed by a registered party prior to the enactment of this chapter.

    (10) "Registered party" means a person who registers captive wildlife possessed prior to the enactment of this chapter.

    (11) "Wildlife educator and exhibitor" means a person who possesses and uses captive wildlife for wildlife-related educational programs, exhibits, or activities requiring an exhibitor's license under the United States Department of Agriculture's Animal Welfare Act.

    (12) "Wildlife rehabilitator" means a person who receives, harbors, or possesses living, sick, injured, impaired, or orphaned captive wildlife to restore the wildlife to its natural habitat as soon as is practicable.

    (13) "Wildlife rehabilitator apprentice" means a person who is sponsored by and is under the direction and supervision of an authorized wildlife rehabilitator.

    (14) "Wildlife researcher" means a person who studies wildlife occurring in the State and whose research requires observing, capturing, or handling of wildlife.

    Section 50-17-20.  The department may promulgate regulations to implement this chapter, including but not limited to, regulations pertaining to the possession of captive wildlife and the standards for the humane confinement and care of captive wildlife.

    Section 50-17-30.  (A) The department is authorized to issue permits for wildlife rehabilitation, apprentice wildlife rehabilitation, wildlife education and exhibition, and wildlife research under this chapter.

    (B) The department may charge twenty-five dollars for wildlife rehabilitation, apprentice wildlife rehabilitation, and wildlife education and exhibition permits issued under this chapter. Wildlife rehabilitation, apprentice wildlife rehabilitation and wildlife education and exhibition permits issued under this chapter are valid for three years after issuance.

    (C) The department may charge twenty-five dollars for wildlife research permits under this chapter. Wildlife research permits issued under this chapter are valid for one year after issuance.

    (D) A person convicted of a major wildlife violation or a crime that carries a penalty of more than one year in prison is not eligible to be permitted under this chapter for five years from the date of conviction.

    Section 50-17-40.  (A) Unless otherwise authorized by this title, it is unlawful to:

       (1) possess live captive wildlife without a permit or other authorization issued by the department;

       (2) import or export live captive wildlife without an import or export permit from the department;

       (3) import, export, or possess a live North American furbearer without a permit from the department; or

       (4) breed captive wildlife except in recognized AZA breeding programs.

    (B) Possession of native reptiles and amphibians under Chapter