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South Carolina

Code of Laws of South Carolina 1976 Annotated. Title 50. Fish, Game and Watercraft. Chapter 11. Protection of Game. Article 8. Shipping, Storage, Sale, or Transportation of Wildlife; Chapter 16. Importation of Wildlife

Statute Details
Printable Version
Citation: Code 1976 50-11-1700 - 1950; 50-16-10 - 70

Citation: SC ST 50-11-1700 - 1950; SC ST 50-16-10 - 70


Last Checked by Web Center Staff: 12/2013

Summary:   This South Carolina law states that it is unlawful for a person to import, possess, or transport for the purpose of release or to introduce or bring into this State the following live wildlife: a furbearer which includes but is not limited to, red and gray fox, raccoon, opossum, muskrat, mink, skunk, otter, bobcat, weasel, and beaver; a  member of the family Cervidae, a nondomestic member of the families Suidae (pigs), Tayassuidae (peccaries), Bovidae (bison, mountain goat, mountain sheep), coyote, bear, or turkey (genus Meleagris); or a non-native species of fish, crustacean, mollusk, or invertebrate. A permit may be granted only after the investigations and inspections of the wildlife have been made as the department considers necessary and the department approves the possession, transportation, or importation into the State. § 50-11-1765 provides that it is unlawful to sell live wolves or to ship, import, or possess live wolves into this State without a permit.


Statute in Full:

Title 50. Fish, Game and Watercraft. Chapter 11. Protection of Game.  Article 8. Shipping, Storage, Sale, or Transportation of Wildlife

 § 50-11-1700. Unlawful to keep certain birds or animals in cold storage or refrigerating plants; exceptions; penalties.

 § 50-11-1710. Unlawful for transportation company to receive for shipment state game birds or animals; exceptions.

 § 50-11-1720. Transportation of game birds or animals unlawfully killed or captured prohibited; exceptions.

 § 50-11-1730. Authorization and application to transport game birds or animals out of state; limits; penalties.

 § 50-11-1740. Limits on number of game birds or animals that may be shipped to private address in State.

 § 50-11-1750. Application to ship game birds or animals.

 § 50-11-1765. Possession, importation, or sale of live wolves.

 § 50-11-1910. Sale of deer or deer parts; penalties.

 § 50-11-1920. Sale of exotic farm-raised venison; permits; inspection of premises and records; violations; punishment.

 § 50-11-1930. Sale or purchase of willet or dove prohibited.

 § 50-11-1940. Unlawful to buy or barter for sale wild quail; penalty.

 § 50-11-1950. Possession and sale of pheasant eggs permitted.

Title 50. Fish, Game and Watercraft. Chapter 16. Importation of Wildlife

 § 50-16-10. "Wildlife" defined.

 § 50-16-20. Importation of wildlife for certain purposes prohibited; investigation; permit.

 § 50-16-25. Unlawful release of pigs; permit exceptions.

 § 50-16-30. Importation of diseased animals prohibited.

 § 50-16-40. Exception to permit requirement for wildlife imported for exhibition purposes.

 § 50-16-50. Authority to promulgate regulations.

 § 50-16-60. Exception to permit requirement for certain wildlife imported for sale as pets.

 § 50-16-70. Penalties.

 

 

Title 50. Fish, Game and Watercraft. Chapter 16. Importation of Wildlife

§ 50-16-10. “Wildlife” defined.

For the purpose of this chapter, “wildlife” means a member of the animal kingdom including without limitation a mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, or other invertebrate.

CREDIT(S)

HISTORY: 1979 Act No. 172, § 1; 1989 Act No. 41, § 1.

 

§ 50-16-20. Importation of wildlife for certain purposes prohibited; investigation; permit.

(A) It is unlawful for a person to import, possess, or transport for the purpose of release or to introduce or bring into this State any live wildlife of the following types without a permit from the department:

(1) a furbearer, a member of the family Cervidae, a nondomestic member of the families Suidae (pigs), Tayassuidae (peccaries), Bovidae (bison, mountain goat, mountain sheep), coyote, bear, or turkey (genus Meleagris). Furbearer includes, but is not limited to, red and gray fox, raccoon, opossum, muskrat, mink, skunk, otter, bobcat, weasel, and beaver;

(2) a species of marine or estuarine fish, crustacean, mollusk, or other marine invertebrate not already found in the wild, or not native to this State.

(3) a species of freshwater fish, crustacean, mollusk, or other freshwater invertebrate not already found in the wild or not native to this State.

(B) A permit may be granted only after the investigations and inspections of the wildlife have been made as the department considers necessary and the department approves the possession, transportation, or importation into the State. The department may not issue a permit unless it finds:

(1) the wildlife was taken lawfully in the jurisdiction in which it originated;

(2) the importation, release, or possession of the wildlife is not reasonably expected to adversely impact the natural resources of the State or its wildlife populations.

CREDIT(S)

HISTORY: 1979 Act No. 172, § 1; 1989 Act No. 41, § 1; 1992 Act No. 458, § 1.

 


§ 50-16-25. Unlawful release of pigs; permit exceptions.

(A) It is unlawful to possess, buy, sell, offer for sale, transfer, release, or transport for the purpose of release a member of the family Suidae (pig) into the wild. A person who holds a valid permit, issued by the Department of Natural Resources, for the taking, transporting, and releasing of a pig from a free roaming population or his agent may capture and release a free roaming pig so long as: (1) the permit holder has express permission from the landowner to capture and transport free roaming pigs from the tract on which the free roaming pig is to be captured, (2) the free roaming pig is captured, transported, and released pursuant to a permit issued by the Department of Natural Resources, and (3) the pig is released on the same tract on which the pig was captured or into a permitted pig enclosure utilized for hunting purposes. Under no circumstances may a free roaming pig be released in a county other than the county in which the pig was captured.

(B) All free roaming pigs captured pursuant to a permit must be tagged at the point of capture as prescribed by the department and the tags must remain affixed to the pigs. Pig hunting enclosures must be permitted by the department at a cost of fifty dollars annually.

(C) It is unlawful to transport a live pig captured in the wild except as permitted by this section.

CREDIT(S)

HISTORY: 2005 Act No. 13, § 1; 2010 Act No. 211, § 1, eff upon approval (became law without the Governor's signature on June 8, 2010).

EFFECT OF AMENDMENT

The 2010 amendment rewrote the section.


 

§ 50-16-30. Importation of diseased animals prohibited.

It is unlawful for a person to possess, transport, or otherwise bring into the State or release or introduce into the State any diseased wildlife or other animal that reasonably might be expected to pose a public health or safety hazard as determined by the South Carolina Department of Health and Environmental Control after consultation with the department.

CREDIT(S)

HISTORY: 1979 Act No. 172, § 1; 1989 Act No. 41, § 1.

 


§ 50-16-40. Exception to permit requirement for wildlife imported for exhibition purposes.

Wildlife imported for exhibition purposes only by state wildlife departments, municipal zoos or parks, public museums, public zoological parks, and public scientific or educational institutions operated not for profit, and transient circuses are not required to procure a permit under Section 50-16-20. Nothing in this chapter prohibits the department or its duly authorized agents from possessing, importing, or releasing wildlife.

CREDIT(S)

HISTORY: 1979 Act No. 172, § 1; 1989 Act No. 41, § 1.

 


§ 50-16-50. Authority to promulgate regulations.

The department may promulgate regulations to effectuate the provisions of this chapter.

CREDIT(S)

HISTORY: 1979 Act No. 172, § 1; 1989 Act No. 41, § 1.

 


§ 50-16-60. Exception to permit requirement for certain wildlife imported for sale as pets.

The importation of the following wildlife for sale in the pet trade does not require a permit:

1. tropical fishes

2. rats and mice

3. rabbits

4. canaries

5. gerbils

6. shell parakeets

7. love birds

8. cockatiels

9. parrots

10. toucans

11. mynah birds

12. finches

13. hamsters

14. guinea pigs

15. reptiles

16. amphibians.

The provisions of this section do not privilege the import or possession of a species otherwise protected or regulated by other provisions of this title.

CREDIT(S)

HISTORY: 1979 Act No. 172, § 1; 1989 Act No. 41, § 1.

 


§ 50-16-70. Penalties.

(A) A person violating the provisions of this chapter, or any condition of a permit issued pursuant to this chapter, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than six months, or both. The department must suspend the hunting privileges of a person convicted of violating this chapter for one year from the date of the conviction.

(B) In addition to any other penalties provided by law, a person convicted of a violation of subsection (A) is also subject to the confiscation, forfeiture, and sale provisions contained in Section 50-11-740 for any property, vehicle, trailer, or other means of conveyance utilized to import, possess, or transport the animal.

(C) For the purposes of this section, each animal imported in violation of subsection (A) constitutes a separate offense.

(D) Notwithstanding Chapter 3, Title 22, magistrates court shall have jurisdiction over actions arising under this section.

CREDIT(S)

HISTORY: 1979 Act No. 172, § 1; 1989 Act No. 41, § 1; 2010 Act No. 211, § 3, eff upon approval (became law without the Governor's signature on June 8, 2010); 2012 Act No. 228, § 3, eff June 18, 2012.


Title 50. Fish, Game and Watercraft. Chapter 11. Protection of Game. Article 8. Shipping, Storage, Sale, or Transportation of Wildlife


§ 50-11-1700. Unlawful to keep certain birds or animals in cold storage or refrigerating plants; exceptions; penalties.

It is unlawful to keep any of the birds or animals forbidden to be sold by the terms of Sections 50-11-1910 and 50-11-1940 in cold storage or refrigerating plants, except in a private dwelling, unless the bird or animal in cold storage, or the package containing it, bears the name and address, the serial number, and the class of the hunting license of the owner of the bird or animal. Any person violating this section must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned one day for each dollar fined or unpaid, either or both.

CREDIT(S)

HISTORY: [Derived from former § 50-11-40 (1962 Code § 28-304; 1952 Code § 28-304; 1942 Code § 1786; 1932 Code § 1771; Cr. C. '22 § 748; Cr. C. '12 § 720; 1910 (26) 572; 1935 (39) 235; 1952 (47) 2179)]; 1988 Act No. 561, § 1; 1993 Act No. 181, § 1262.

 


§ 50-11-1710. Unlawful for transportation company to receive for shipment state game birds or animals; exceptions.

It is unlawful for any transportation company to receive for shipment any of the game birds or animals of the State, except in season and unless the package containing them is so labeled as to show the consignor or consignee and the number and kind of birds or animals.

CREDIT(S)

HISTORY: [Derived from former § 50-11-1300 (1962 Code § 28-384; 1952 Code § 28-384; 1942 Code § 1786-4; 1932 Code § 1753; Cr. C. '22 § 736; 1919 (31) 269; 1952 (47) 2179)]; 1988 Act No. 561, § 1; 1993 Act No. 181, § 1262.

 


§ 50-11-1720. Transportation of game birds or animals unlawfully killed or captured prohibited; exceptions.

No person shall knowingly receive for transportation beyond the limits of this State, so transport, cause to be so transported, or have in his possession with the intent to so transport or secure transportation any partridge, grouse, wild turkey, snipe, woodcock, or other game bird or game animal which has been killed or captured in this State except as permitted by Sections 50-1-110, 50-11-1710, and 50-11-1730, and the receipt, transportation, or possession or the causing or securing of transportation of each bird or game animal so killed or captured constitutes a separate offense. The provisions of this section do not apply to common carriers into whose possession birds or game come in the regular course of their business for transportation while they are in transit through the State from any place without the State. Nothing herein prohibits persons from having in their possession for the purpose of domestication and propagation any birds or animals.

CREDIT(S)

HISTORY: [Derived from former § 50-11-1310 (1962 Code § 28-385; 1952 Code § 28-385; 1942 Code § 1786-5; 1932 Code § 1783; Cr. C. '22 § 762; Cr. C. '12 § 741; 1907 (25) 660; 1952 (47) 2179)]; 1988 Act No. 561, § 1; 1993 Act No. 181, § 1262.

 

§ 50-11-1730. Authorization and application to transport game birds or animals out of state; limits; penalties.

It is lawful for any landowner or licensee to ship or carry beyond the limits of this State during any one week not over the bag limit for one day, as provided by law, of any domestic game birds or animals, when he has conformed to the regulations prescribed by the department under this section. Any landowner or licensee desiring to ship domestic game birds or animals beyond the limits of the State during the open season for such game birds or animals shall make application to the department, giving location of property and class and serial number of license held, and, upon the application, if it appears to the department that the shipment is for private, personal, or charitable use and not for sale of the game birds or animals, it may issue to the applicant a tag or label for use in shipping the game birds or animals. The tag or label must be of a design and in a form the department prescribes. Any person shipping or receiving for shipment beyond the limits of the State any domestic game birds or animals in violation of the provisions of this section is liable to a fine of not less than fifty dollars nor more than one hundred dollars or imprisonment for thirty days for each offense.

CREDIT(S)

HISTORY: [Derived from former § 50-11-1320 (1962 Code § 28-387; 1952 Code § 28-387; 1942 Code § 1786-6; 1932 Code § 1778; 1924 (33) 1056; 1952 (49) 2179)]; 1988 Act No. 561, § 1; 1993 Act No. 181, § 1262.

 


§ 50-11-1740. Limits on number of game birds or animals that may be shipped to private address in State.

It is lawful for a person to ship during any one week not over the bag limit for two days, as provided by law, of any domestic game birds or animals to any private address in this State when he has conformed to the regulations prescribed by the department under Section 50-11-1750.

CREDIT(S)

HISTORY: [Derived from former § 50-11-1280 (1962 Code § 28-382; 1952 Code § 28-382; 1942 Code § 1786-3; 1932 Code § 1777; Cr. C. '22 § 755; 1920 (31) 757; 1952 (47) 2179)]; 1988 Act No. 561, § 1; 1993 Act No. 181, § 1262.

 


§ 50-11-1750. Application to ship game birds or animals.

Any person so desiring to ship domestic game birds or animals during the open season for these game birds or animals or within five days after the closing of the season shall make application to the department and upon the application, if it appears that the shipment is for private and personal use and not for the sale of the game birds or animals, the department shall issue to the applicant a tag or label for use in shipping the game birds or animals. The label must be of a design and in a form the department prescribes.

CREDIT(S)

HISTORY: [Derived from former § 50-11-1290 (1962 Code § 28-383; 1952 code § 28-383; 1942 Code § 1786-3; 1932 Code § 1777; Cr. C. '22 § 755; 1920 (31) 757; 1952 (47) 2179)]; 1988 Act No. 561, § 1; 1993 Act No. 181, § 1262.

 


§ 50-11-1765. Possession, importation, or sale of live wolves.

It is unlawful to sell live wolves or to ship or import live wolves into this State, except as provided in regulations promulgated by the department. It is unlawful to possess a live wolf without a permit issued by the department.

CREDIT(S)

HISTORY: 1988 Act No. 543, § 1; 1993 Act No. 181, § 1262; 2003 Act No. 23, § 4.

 

§ 50-11-1910. Sale of deer or deer parts; penalties.

(A) It is unlawful to buy or sell, offer for sale, barter, or have in possession for sale the following: any live deer (family cervidae), the venison of any deer except as provided in Section 50-11-1920, any whitetail deer gametes or antler velvet, or any whitetail deer antlers attached to the pedicel.

(B) For a violation of this section, upon conviction, the guilty party for a first offense must be fined not less than one hundred dollars nor more than three hundred dollars or be imprisoned for not more than thirty days; for a second offense within three years of the date of conviction for a first offense, the person must be fined not less than three hundred dollars nor more than five hundred dollars or be imprisoned for not more than thirty days; for a third or subsequent offense within three years of the date of conviction for a first offense, the person must be fined one thousand dollars or be imprisoned for not more than sixty days.

CREDIT(S)

HISTORY: [Derived from former § 50-11-2110 (1962 Code § 28-459; 1952 Code § 28-459; 1942 Code § 1783-1; 1932 Code § 1772; Cr. C. '22 § 750; Cr. C. '12 § 723; 1910 (26) 572; 1952 (47) 2179; 1976 Act No. 511, § 1; 1980 Act No. 386, § 1; 1982 Act No. 440, § 1)]; 1988 Act No. 561, § 1; 1993 Act No. 181, § 1262; 2001 Act No. 34, § 1.

 


§ 50-11-1920. Sale of exotic farm-raised venison; permits; inspection of premises and records; violations; punishment.

(A) The proprietor of a permitted food service establishment may purchase and sell exotic farm-raised venison which is processed through an official establishment, certified by the State Livestock-Poultry Health Commission or the United States Department of Agriculture. The food service establishment first must obtain a permit from the department, at no cost, and must maintain adequate records to provide department personnel, law enforcement officers, and other food service inspectors information as to the source of the venison. The premises of the permitted food service establishment must be open for inspection by enforcement officers, department personnel, and food service inspectors at reasonable times or whenever employees are present.

(B) The owner of a permitted food service establishment is responsible for compliance with the terms of the permit and with this section. If the food service establishment or its employees violate the terms of the permit or this section, the permit is invalid, and the owner of the food service establishment 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, or both.

(C) An official establishment or a wholesale food distributor may obtain a permit, at no cost, to buy and sell exotic farm-raised venison to a permitted food service establishment. A permittee must maintain adequate records to provide department personnel, law enforcement officers, and other food service inspectors information as to the source of the venison. The premises must be open for inspection at reasonable times or whenever employees are present. If the permittee or its employees violate the terms of the permit or this section, the permit is invalid, and the permittee 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, or both.

(D) The sale of whitetail deer, wild or farm raised, is prohibited.

(E) The Department of Natural Resources may promulgate regulations to enforce the provisions of this section.

(F) The provisions of this section do not apply to the sale or purchase of exotic farm-raised venison products that are fully cooked or preserved in a manner allowing for human consumption with no further preparation. Any product offered pursuant to this paragraph must bear official marks of inspection by the United States Department of Agriculture or the State Livestock-Poultry Health Commission. Official marks of inspection must be maintained on the product or product package until removed by the consumer. Any product offered pursuant to this paragraph must be referred to as being from exotic farm-raised venison or similar designation indicating the origin of the product.

(G) The provisions of this section also do not apply to the sale or purchase of already processed and packaged pet foods or pet treats containing imported exotic farm-raised venison. Any product offered pursuant to this subsection must have an official product registration issued by the South Carolina Department of Agriculture. Any product offered pursuant to this subsection also must be referred to as being from exotic farm-raised venison or with a similar designation indicating the origin of the product.

CREDIT(S)

HISTORY: [Derived from former § 50-11-2115 (1976 Act No. 511, § 2)]; 1988 Act No. 561, § 1; 1993 Act No. 181, § 1262; 1997 Act No. 147, § 2; 1998 Act No. 342, § 1; 2001 Act No. 34, § 2; 2008 Act No. 218, § 1, eff May 13, 2008.

 

§ 50-11-1930. Sale or purchase of willet or dove prohibited.

It is unlawful to buy or sell, expose for sale, or have in possession for sale or barter any willet or dove.

CREDIT(S)

HISTORY: [Derived from former § 50-11-2170 (1962 Code § 28-467; 1952 Code § 28-467; 1942 Code § 1783-3; 1932 Code § 1770; Cr. C. '22 §§ 747, 749; Cr. C. '12 §§ 719, 722; 1910 (26) 572; 1919 (31) 269)]; 1988 Act No. 561, § 1; 1993 Act No. 181, § 1262.

 


§ 50-11-1940. Unlawful to buy or barter for sale wild quail; penalty.

It is unlawful for any person to buy or barter for sale any wild quail within this State. Any person violating this section must be fined twenty-five dollars for each quail so bought or sold or imprisoned for not more than thirty days for each quail so bought or sold.

CREDIT(S)

HISTORY: 1988 Act No. 561, § 1; 1993 Act No. 181, § 1262.

 


§ 50-11-1950. Possession and sale of pheasant eggs permitted.

It is lawful for anyone to own, possess, control, sell, or otherwise dispose of pheasant eggs within this State or to sell or otherwise dispose of the eggs beyond the borders of the State, under regulations promulgated by the department.

CREDIT(S)

HISTORY: [Derived from former § 50-11-2200 (1962 Code § 28-470; 1952 Code § 28-470; 1942 Code § 1783-5; 1932 Code § 1789; 1931 (37) 354; 1952 (47) 2890)]; 1988 Act No. 561, § 1; 1993 Act No. 181, § 1262.


 



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