reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1950. Establishment of fish sanctuaries.

The department, without cost to this State, shall designate and establish sanctuaries where fish may breed unmolested, in the manner and subject to the provisions in this article.
HISTORY: 1962 Code Section 28-716; 1952 Code Section 28-716; 1942 Code Section 1774-1; 1938 (40) 1598; 1952 (47) 2179; 1993 Act No. 181, Section 1263; 2012 Act No. 114, Section 6, eff July 1, 2012.
Effect of Amendment
The 2012 amendment made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1960. Designation and marking of fish sanctuaries in rivers and streams.

The department may select any place upon any river or stream within this State as a fish sanctuary. Upon making this selection, the board, upon approval in writing of a majority of the members of the county legislative delegation from the county in which this proposed fish sanctuary is to be located, may designate and set apart the place as a fish sanctuary. A sanctuary may not exceed two miles in length along any river or stream. When a sanctuary is so designated and set apart, the board shall have it adequately and conspicuously marked and shall designate the limits of it in all directions.
HISTORY: 1962 Code Section 28-717; 1952 Code Section 28-717; 1942 Code Section 1774-1; 1938 (40) 1598; 1952 (47) 2179; 1993 Act No. 181, Section 1263; 2012 Act No. 114, Section 6, eff July 1, 2012.
Effect of Amendment
The 2012 amendment substituted "A sanctuary may not" for "No one sanctuary shall", and made other, nonsubstantive, changes.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1970 to 50-13-1980. Omitted by 2012 Act No. 114, Section 6, eff July 1, 2012.

Editor's Note
Former Section 50-13-1970 was entitled "Designation of fish sanctuaries in lakes and ponds" and was derived from 1962 Code Section 28-718; 1952 Code Section 28-718; 1942 Code Section 1774-1; 1938 (40) 1598; 1952 (47) 2179; 1993 Act No. 181, Section 1263.
Former Section 50-13-1980 was entitled "Operation and posting of fish sanctuaries" and was derived from 1962 Code Section 28-719; 1952 Code Section 28-719; 1942 Code Section 1774-1; 938 (40) 1598; 952 (47) 2179; 990 Act No. 468, Section 1; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1990. Penalties for fishing or trespassing upon fish sanctuaries; jurisdiction of magistrates.

A person fishing or trespassing upon any property or waters so established as a sanctuary by the department is guilty of a misdemeanor and, upon conviction, must be fined not exceeding two hundred dollars or imprisoned not more than thirty days. In cases where magistrates have countywide territorial jurisdiction, the magistrate closest to the sanctuary where the offense occurred shall have jurisdiction of the case. In counties where magistrates are given separate and exclusive territorial jurisdiction the case must be tried as provided in Section 22-3-530.
HISTORY: 1962 Code Section 28-720; 1952 Code Section 28-720; 1942 Code Section 1774-1; 1938 (40) 1598; 1952 (47) 2179; 1979 Act No. 69, Section 1; 1993 Act No. 181, Section 1263; 2012 Act No. 114, Section 6, eff July 1, 2012.
Effect of Amendment
The 2012 amendment substituted "shall" for "must" throughout the section and made other, nonsubstantive, changes.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-1995. Fish culture and scientific investigations by the federal government.

The department may permit the federal government to conduct fish culture and scientific investigations in the waters of this State in connection with hatchery operations or management of those species under federal jurisdiction.
HISTORY: 2012 Act No. 113, Section 3, eff July 1, 2012; 2012 Act No. 114, Section 6, eff July 1, 2012.
Effect of Amendment
This section was added by both 2012 Act Nos. 113 and 114. The text is identical as provided by each act.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-2010. Repealed by 2012 Act No. 113, Section 4, eff July 1, 2012 and omitted by 2012 Act No. 114, Section 6, eff July 1, 2012.

Editor's Note
Former Section 50-13-2010 was entitled "Sanctuary in Marion County; Shelley Lake" and was derived from 1984 Act No. 462, Section 1; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-2011. Repealed by 2014 Act No. 234, Section 2, eff June 2, 2014.

Editor's Note
Former Section 50-13-2011 was titled Management authority over lakes and ponds owned or leased by the department and was derived from 2012 Act No. 114, Section 6, eff July 1, 2012.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-2015. Fish sanctuary in St. Stephen Rediversion Canal.

(A) A fish sanctuary is established in the St. Stephen Rediversion Canal between the Corps of Engineers' powerhouse and the Atlantic Coastline Railroad Bridge. It is unlawful for a person to fish in the sanctuary except as provided in this section.
(B) From March first to May first each year, fishing for nongame fish is allowed from the Atlantic Coastline Bridge upstream to a point marked by signs or buoys, or both. This location must be marked by the department after consultation with and with the permission of the United States Army Corps of Engineers. Fishing is allowed from six p.m. to twelve midnight. The area otherwise is closed to all fishing and boating activities.
(C) The catch limit is five hundred pounds of fish or one hundred dozen fish a boat a day. Game fish taken must be returned immediately to the water. All fish, except those used for live bait, must be packed in boxes with a one hundred pound capacity before crossing back under the railroad bridge.
(D) Fishing devices must not be used except cast nets, dip nets, or drop nets. The diameter of the dip or drop nets used may not exceed six feet. Nets must not be operated by the use of mechanical devices such as winches, cranes, or pulleys.
(E) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five nor more than one hundred dollars or imprisoned not less than fifteen nor more than thirty days.
HISTORY: 1992 Act No. 390, Section 1; 1993 Act No. 181, Section 1263; 2012 Act No. 114, Section 6, eff July 1, 2012.
Effect of Amendment
The 2012 amendment, in subsection (D), substituted "must" for "may" throughout the subsection and made other, nonsubstantive, changes.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-2016. Prohibition of herring fishing at St. Stephens Powerhouse.

Herring fishing is prohibited within one hundred feet of the fish lift exit channel at St. Stephens Powerhouse.
HISTORY: 2012 Act No. 114, Section 6, eff July 1, 2012.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 13 - Protection Of Fish › Section 50-13-2020. Omitted by 2012 Act No. 114, Section 6, eff July 1, 2012.

Editor's Note
Former Section 50-13-2020 was entitled "Management control of department with respect to lakes and ponds it owns or leases; approval and publication of terms and conditions; violations and penalties" and was derived from 1986 Act No. 496, Section 1; 1993 Act No. 181, Section 1263.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 15 - Nongame And Endangered Species › Section 50-15-15. Native reptiles; regulations; unlawful acts.

(A) The department may promulgate regulations for the appropriate management of native reptile and amphibian species, including limitations on, and permitting for, the possession, transfer, sale, barter, trade, shipment, and removal from this State of native reptile and amphibian species.
(B) It is unlawful to possess, transfer, sell, barter, trade, ship, or remove from this State, or attempt to possess, transfer, sell, barter, trade, ship, or remove from this State native reptile and amphibian species, including parts, products, eggs, offspring, and derivatives thereof, in violation of a limit or a permit condition established by the department pursuant to this section.
HISTORY: 2020 Act No. 177 (H.4831), Section 1, eff September 28, 2020.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 15 - Nongame And Endangered Species › Section 50-15-20. Investigations on nongame wildlife by department; regulations; management programs; public hearings; prohibited acts.

(A) The department shall conduct investigations on nongame wildlife in order to develop information relating to population, distribution, habitat, needs, limiting factors, and other biological and ecological data to determine management measures necessary for their continued ability to sustain themselves successfully. On the basis of such determinations the department shall issue proposed regulations and develop management programs designed to ensure the continued ability of nongame wildlife to perpetuate themselves successfully. Such proposed regulations shall set forth species or subspecies of nongame wildlife which the department deems in need of management pursuant to this section, giving their common and scientific names by species or subspecies. The department shall conduct ongoing investigations of nongame wildlife and may from time to time amend such regulations by adding or deleting therefrom species or subspecies of nongame wildlife.
(B) The department shall by such regulations establish proposed limitations relating to taking, possession, transportation, exportation, processing, sale or offer for sale, or shipment as may be deemed necessary to manage such nongame wildlife.
Such regulation shall become effective sixty days after being proposed during which period public comment shall be solicited and received. The board may hold a public hearing if deemed appropriate. On the basis of public comments received or the testimony at any such hearing the department may make such changes in the proposed regulation as are consistent with effective management of nongame wildlife.
(C) Except as provided in regulations issued by the department, it shall be unlawful for any person to take, possess, transport, export, process, sell, or offer for sale or ship nongame wildlife deemed by the department to be in need of management pursuant to this section. Subject to the same exception, it shall further be unlawful for any common or contract carrier knowingly to transport or receive for shipment nongame wildlife deemed by the department to be in need of management pursuant to this section.
HISTORY: 1962 Code Section 28-728; 1974 (58) 2384; 1993 Act No. 181, Section 1264; former 1976 Code Section 50-15-30; 2014 Act No. 159 (S.714), Section 1, eff April 14, 2014.
Effect of Amendment
2014 Act No. 159, Section 1, changed the paragraph designators to upper case, and in subsection (C), added a comma after "sell" in the first sentence.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 15 - Nongame And Endangered Species › Section 50-15-40. Establishing and carrying out programs for management of nongame and endangered wildlife; removal, capture, or destruction of wildlife.

(A) The department shall establish such programs, including acquisition of land or aquatic habitat, as are deemed necessary for management of nongame and endangered wildlife. The department shall utilize all authority vested in the department to carry out the purposes of this section.
(B) In carrying out programs authorized by this section, the department may enter into agreements with federal agencies, political subdivisions of the State, or with private persons for administration and management of any area established under this section or utilized for management of nongame or endangered wildlife.
(C) The Governor shall encourage other state and federal agencies to utilize their authorities in furtherance of the purposes of this section.
(D) The department may permit the taking, possession, transportation, exportation, or shipment of species or subspecies of wildlife which appear on the state list of endangered species, or species in need of management on the United States' List of Threatened or Endangered Native Fish and Wildlife, as amended and accepted in accordance with Section 50-15-30(D), or on the United States' List of Threatened or Endangered Foreign Fish and Wildlife, as such list may be modified hereafter, for scientific, zoological, or educational purposes, for propagation in captivity of such wildlife, or for other special purposes.
(E) Upon good cause shown, and where necessary to alleviate damage to property or to protect human health, endangered species may be removed, captured, or destroyed but only pursuant to permit issued by the department and, where possible, by or under the supervision of an agent of the department; provided, that threatened or endangered species or species in need of management may be removed, captured, or destroyed without permit by any person in emergency situations involving an immediate threat to human life. Provisions for removal, capture, or destruction of nongame wildlife for the purposes set forth above shall be set forth in regulations issued by the department pursuant to Section 50-15-20(A).
HISTORY: 1962 Code Section 28-730; 1974 (58) 2384; 1993 Act No. 181, Section 1264; 2004 Act No. 246, Section 2; 2008 Act No. 179, Section 1, eff February 19, 2008; former 1976 Code Section 50-15-50; 2014 Act No. 159 (S.714), Section 1, eff April 14, 2014; 2020 Act No. 177 (H.4831), Section 6, eff September 28, 2020.
Effect of Amendment
The 2008 amendment deleted the text of subsection (F).
2014 Act No. 159, Section 1, in subsection (D), substituted "50-15-30(D)" for "50-15-40(d)"; in subsection (E), substituted "50-15-20(A)" for "50-15-30(a)"; and deleted former subsection (F), which read "[Deleted]".
2020 Act No. 177, Section 6, in (A), in the first and second sentences, substituted "The department" for "The board".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 15 - Nongame And Endangered Species › Section 50-15-50. Criteria of designating land as certified management area for endangered species; review and revision.

(A) The department shall promulgate regulations addressing criteria for designating land as certified management area for endangered species or of species in need of management in order to qualify a taxpayer for the income tax credit provided for in Section 12-6-3520.
(B) Every five years the department may review the population status of species subject to certified management agreements and shall revise the regulations accordingly. The department may revise criteria at that time as necessary for lands to retain their designation as certified management areas.
HISTORY: 1999 Act No. 100, Part II, Section 95; former 1976 Code Section 50-15-55; 2014 Act No. 159 (S.714), Section 1, eff April 14, 2014.
Effect of Amendment
2014 Act No. 159, Section 1, reenacted the section with no apparent change.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 15 - Nongame And Endangered Species › Section 50-15-55. Nonnative reptiles; regulations; unlawful acts; exceptions.

(A) It is unlawful for a person to release wildlife that is not native to this State from captivity in this State.
(B) The department may promulgate regulations to prohibit or otherwise restrict certain species of nonnative wildlife in this State, including species that:
(1) have the potential to become established in this State in sufficient numbers so as to become a nuisance; and
(2) pose a demonstrable deleterious and widespread threat to wildlife, agriculture, or human health and safety.
(C) Sanitary and safe disposal of dead wildlife is not a violation of this section.
(D) The provisions of this section do not apply to the release of foxes and coyotes pursuant to the provisions of Chapter 11, Title 50 and to the release of other nonnative species from captivity if authorized by law.
HISTORY: 2020 Act No. 177 (H.4831), Section 2, eff September 28, 2020.
Editor's Note
Prior Laws: Former Section 50-15-55 was titled Criteria of designating land as certified management area for endangered species; review and revision, and had the following history: 1999 Act No. 100, Part II, Section 95. Omitted by 2014 Act No. 159, Section 1, eff April 14, 2014. See, now, Section 50-15-50.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 15 - Nongame And Endangered Species › Section 50-15-60. Promulgation of regulations.

The department shall promulgate such regulations as are necessary to carry out the purposes of this article.
HISTORY: 1962 Code Section 28-731; 1974 (58) 2384; 1993 Act No. 181, Section 1264; former 1976 Code Section 50-15-70; 2014 Act No. 159 (S.714), Section 1, eff April 14, 2014.
Editor's Note
Prior Laws: Former Section 50-15-60 was titled Costs of programs; alligator products permits, and had the following history: 1962 Code Section 28-734; 1974 (58) 2384; 1988 Act No. 460, Section 1; 1993 Act No. 181, Section 1264; 1994 Act No. 386, Section 2; repealed by 2008 Act. No. 179, Section 4, eff February 19, 2008.
Effect of Amendment
2014 Act No. 159, Section 1, substituted "article" for "chapter".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 15 - Nongame And Endangered Species › Section 50-15-65. Omitted by 2014 Act No. 159, Section 1, eff April 14, 2014.

Editor's Note
Former Section 50-15-65 was titled Alligator hunting, control and management and was derived from 2008 Act No. 179, Section 2, eff February 19, 2008; 2010 Act No. 183, Section 1, eff May 28, 2010; 2013 Act No. 3, Section 1, eff March 1, 2013; 2013 Act No. 94, Section 16, eff July 1, 2013.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 15 - Nongame And Endangered Species › Section 50-15-75. Omitted by 2014 Act No. 159, Section 1, eff April 14, 2014.

Editor's Note
Former Section 50-15-75 was titled Removal of certain turtles from state; exceptions; penalties and was derived from 2009 Act No. 6, Section 1, eff May 6, 2009.
See, now, Section 50-15-70.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 15 - Nongame And Endangered Species › Section 50-15-90. Article not retroactive; certain importation not prohibited.

None of the provisions of this article shall be construed to apply retroactively or to prohibit importation into the State of wildlife which may be lawfully imported into the United States or lawfully taken or removed from another state or to prohibit entry into the State or possession, transportation, exportation, processing, sale or offer for sale, or shipment of any wildlife whose species or subspecies is deemed to be threatened with statewide extinction in this State but not in the state where originally taken if the person engaging therein demonstrates by substantial evidence that such wildlife was lawfully taken or removed from such state; provided, that this section shall not be construed to permit the possession, transportation, exportation, processing, sale or offer for sale, or shipment within this State of wildlife on the United States' List of Endangered Native Fish and Wildlife, as amended and accepted in accordance with Section 50-15-30(D), except as permitted in the proviso to Section 50-15-30(C) and Section 50-15-40(D).
HISTORY: 1962 Code Section 28-733; 1974 (58) 2384; 1993 Act No. 181, Section 1264; 2014 Act No. 159 (S.714), Section 1, eff April 14, 2014.
Effect of Amendment
2014 Act No. 159, Section 1, substituted "article" for "chapter", twice added a comma after "sale or offer for sale"; and substituted "Section 50-15-30(D), except as permitted in the proviso to Section 50-15-30(C) and Section 50-15-40(D)" for "Section 50-15-40(d), except as permitted in the proviso to Section 50-15-40(c) and Section 50-15-50(d)".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 15 - Nongame And Endangered Species › Section 50-15-310. Definitions.

As contained in this article:
(1) "Alligator" means the species Alligator mississippiensis.
(2) "Alligator propagation facility" means an enclosed area not located on public lands or waters, constructed so as to prevent the ingress and egress of alligators from surrounding public or private lands or waters where alligators are bred or raised as captive animals generally for the purpose of the sale, barter, or trade of alligators, alligator parts, alligator meat, or alligator hides.
(3) "Alligator propagator" means a person who raises captive alligators under controlled conditions which prohibit free movement of the animals onto and off of the facility, and who may harvest alligators under a permit from the department.
(4) "Alligator part" means any part of an alligator.
(5) "Commercial purposes" means to derive income or other consideration of value or operating with the intent to derive income or other consideration of value.
(6) "Department" means the South Carolina Department of Natural Resources.
(7) "Transport" means, in its different tenses, the act of shipping, attempting to ship, receiving or delivering for shipment, transporting, conveying, carrying, or exporting by air, land, or water or by any manner.
HISTORY: 2014 Act No. 159 (S.714), Section 1, eff April 14, 2014; 2020 Act No. 177 (H.4831), Section 8, eff September 28, 2020.
Effect of Amendment
2020 Act No. 177, Section 8, in (2), added "generally for the purpose of the sale, barter, or trade of alligators, alligator parts, alligator meat, or alligator hides" at the end; and in (5), substituted "or other consideration of value or operating with the intent to derive income or other consideration of value" for "or with the intent to derive income".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 15 - Nongame And Endangered Species › Section 50-15-320. Permit to engage in the business of propagating alligators for commercial purposes.

(A) Any person may apply to the department for a permit to engage in the business of propagating alligators for commercial purposes. A permit allows the purchase of live alligators or alligator eggs from legal sources, the sale of live alligators within the State to other department-permitted alligator propagators only, the sale of live alligators to other states where the purchase of those animals is lawful, the sale of the carcasses, raw parts, or skins of captive-raised alligators to any person for resale or processing into finished products, including sale for food, and the exhibition of live alligators.
(B) The capture, use, purchase, or sale of wild alligators or wild alligator eggs within this State for the purpose of alligator propagation is prohibited.
(C) Except as provided in subsection (A), the sale of alligator eggs is prohibited.
HISTORY: 2014 Act No. 159 (S.714), Section 1, eff April 14, 2014.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 15 - Nongame And Endangered Species › Section 50-15-330. Application; issuance of permit; expiration of permit.

(A) Upon payment of a nonrefundable application fee for applicants seeking a permit for the first time, the department shall investigate the applicant and the proposed facility. The department must prescribe applicant, facility, and operating requirements to applicants and may deny the application in its discretion after review. A person exhibiting alligators in a circus or zoo or in a similar animal, reptile, or wildlife show at a place or location other than on a captive alligator propagation facility is exempt from the permit and fee requirements of this article.
(B) Upon approval of an application and payment of the permit fee, the department shall issue an alligator propagation facility permit.
(C) A valid permit shall expire twelve months after the date of issuance and may be renewed not more than forty-five days prior to expiration upon payment of a renewal fee.
(D) Alligator propagation facilities located on noncontiguous parcels of land must be permitted separately.
HISTORY: 2014 Act No. 159 (S.714), Section 1, eff April 14, 2014.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 15 - Nongame And Endangered Species › Section 50-15-340. Tagging and labeling requirements; bond.

(A) It is unlawful to possess, buy, sell, barter, ship, transport, or offer to buy, sell, barter, ship, or transfer alligator carcasses, skins, or parts unless tagged or labeled according to department regulations.
(B) A person applying for an alligator propagator permit must first secure a bond to insure faithful performance naming the department as beneficiary in the amount of one hundred thousand dollars. The bond must be renewed as a condition of the permit. In the event the facility is closed, abandoned, or destroyed, or the permit is revoked, the department may use the proceeds of the bond to clean up and close the facility.
HISTORY: 2014 Act No. 159 (S.714), Section 1, eff April 14, 2014.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 15 - Nongame And Endangered Species › Section 50-15-350. Records; inspection; seizure.

(A) Permittees must maintain records related to the possession, source, and disposition of alligators and alligator eggs as prescribed by department regulations. These records must be kept on-site and are subject to inspection at any time by department personnel during reasonable hours.
(B) Department personnel may, during reasonable hours, enter and inspect all alligator facilities permitted under provisions of law different from this article and all alligator propagators' places of business, farm buildings, farm lands, vessels, and motor vehicles that are used or are of a type that could be used in the production, storage, sale, or transportation of any alligators, meat, parts, or skins, and conduct partial or complete inventories to determine whether the permittee is in compliance with applicable laws and regulations.
(C) Any alligator tags that have been issued to an alligator propagator in excess of the number of harvestable alligators actually present on a farm, as revealed by inventory or records, may be seized by department personnel.
HISTORY: 2014 Act No. 159 (S.714), Section 1, eff April 14, 2014.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 15 - Nongame And Endangered Species › Section 50-15-360. Retention of records by retailers.

Any retailer, including retail food businesses, possessing, buying, or selling alligator parts must maintain an invoice or bill of sale for each purchase or sale for a period of six months. These records must be made available for inspection at any and all reasonable hours by the department.
HISTORY: 2014 Act No. 159 (S.714), Section 1, eff April 14, 2014.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 15 - Nongame And Endangered Species › Section 50-15-370. Unlawful possession of alligator hide or carcass; forfeiture; annual reports.

(A) It is unlawful to alter or compromise the locking mechanism on any alligator tag. The possession of altered or fraudulent tags is unlawful. The possession of any alligator hide or carcass not tagged as prescribed by the department or any unskinned, untagged, frozen alligator carcass is unlawful and is considered contraband and subject to seizure and forfeiture by the department. Forfeited animals and parts must be disposed of by law and the proceeds deposited according to law.
(B) All alligator propagators must submit annual reports as prescribed by the department, on forms provided by the department, no later than January thirty-first of each year. This report must accompany any unused alligator tags from the previous year. No additional permits or tags shall be issued until this report is submitted. It is a violation of this section for any person to possess any unused alligator tags from the previous year after January thirty-first.
HISTORY: 2014 Act No. 159 (S.714), Section 1, eff April 14, 2014.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 15 - Nongame And Endangered Species › Section 50-15-380. Shipping of raw alligator skins in state must be tagged; penalties.

(A) All raw alligator skins shipped within this State must be tagged. The accompanying bill of lading must show the number of skins in the shipment, the consignor, shipping point, consignee, and destination. The department must supply suitable tags to all shippers at a cost of ten dollars per tag requiring them for actual shipments. No alligator skin intended for shipment within this State may be accepted by any post office, express company, or agent, or the agent of any common carrier, unless the shipment complies with this section.
(B) A person who violates any provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars, or imprisoned for not more than thirty days, or both.
HISTORY: 2014 Act No. 159 (S.714), Section 1, eff April 14, 2014.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 15 - Nongame And Endangered Species › Section 50-15-390. Unlawful acts.

(A) It is unlawful for a person to take or possess the eggs of alligators, alligators, or their parts or skins in this State except as provided for in this article. The provisions of this section do not apply to legal finished products, alligators or their parts legally acquired before the effective date of this article, alligators or their parts legally acquired from other legal sources, or alligators harvested or collected under a permit from the department.
(B) It is unlawful to release any captive alligator.
(C) It is unlawful for an alligator propagation facility to offer for barter, sale, or trade the opportunity for a person to hunt or take an alligator at the facility except that a permitted facility may contract with an outside contractor to assist with the normal processing of alligators.
HISTORY: 2014 Act No. 159 (S.714), Section 1, eff April 14, 2014.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 15 - Nongame And Endangered Species › Section 50-15-400. Construction of permits if endangered species status changes.

Notwithstanding the provisions of this article to the contrary, in the event federal or state law regulations or designations allowed by law places the alligator in the endangered species status, all permits issued pursuant to this article are null and void.
HISTORY: 2014 Act No. 159 (S.714), Section 1, eff April 14, 2014.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 15 - Nongame And Endangered Species › Section 50-15-410. Forfeiture.

(A) Any alligator propagation facility that fails to renew the required permits or ceases operation for any reason shall have a period of three months in which to legally dispose of any remaining alligators in the facility. After three months, any remaining alligators in the facility must be forfeited to the State and disposed of. Forfeited animals and parts must be disposed of by law and the proceeds from them deposited according to law. The owner of the facility is liable for any costs associated with the disposal of the remaining alligators.
(B) If an alligator propagation facility is abandoned, or the alligator propagator fails to adequately maintain the enclosure after notification by the department, or in the case of wilful neglect of the facility, or the lack of proper care, feeding or humane handling of alligators in the facility, the alligator propagator is considered in violation of this article and any alligators or alligator parts in the facility must be forfeited to the department. Forfeited animals and parts must be disposed of by law and the proceeds from them deposited according to law. The owner of the facility is liable for any costs associated with the disposal of the remaining alligators.
HISTORY: 2014 Act No. 159 (S.714), Section 1, eff April 14, 2014.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 15 - Nongame And Endangered Species › Section 50-15-420. Penalties.

(A) Unless otherwise provided for, a person who violates the provisions of this article or implementing regulations is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than five thousand dollars, or imprisoned for not more than thirty days, or both. The magistrates court retains concurrent jurisdiction for offenses contained in this article.
(B) Any alligator, alligator part, alligator eggs, or alligator skins unlawfully possessed, purchased, sold, bartered, shipped, or transported are contraband and are forfeited to the department. Forfeited animals and parts must be disposed of by law and the proceeds from them deposited according to law.
(C) Any person permitted as an alligator propagator convicted of violating any of the provisions of this article or regulations related to the unlawful taking, purchasing, selling, or bartering of a wild alligator, wild alligator part, or wild alligator eggs, or the unlawful shipping or transporting of those items, forfeits his permit upon conviction for one year, and all alligators, alligator parts, and alligator skins in his possession are forfeited to the State. Forfeited animals and parts must be disposed of by law and the proceeds from them deposited according to law.
HISTORY: 2014 Act No. 159 (S.714), Section 1, eff April 14, 2014.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 15 - Nongame And Endangered Species › Section 50-15-430. Regulations.

(A) To the extent not provided for in other law or by other agency, the department may adopt regulations for the placement, construction, operation, and maintenance of alligator propagation facilities, to include the following:
(1) the minimum distance among alligator propagation facilities, other alligator propagation facilities, and residences;
(2) the secure and humane confinement of the alligators; and
(3) the maximum number of alligators that may be present, in total and for propagation, on an alligator propagation facility at any one time.
(B) Water quality and waste impacts caused by alligator farms shall be subject to regulations issued by the Department of Health and Environmental Control.
HISTORY: 2014 Act No. 159 (S.714), Section 1, eff April 14, 2014.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 16 - Importation Of Wildlife › Section 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.
HISTORY: 1979 Act No. 172, Section 1; 1989 Act No. 41, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 16 - Importation Of Wildlife › Section 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.
HISTORY: 1979 Act No. 172, Section 1; 1989 Act No. 41, Section 1; 1992 Act No. 458, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 16 - Importation Of Wildlife › Section 50-16-25. Unlawful release of pigs; permit exceptions.

(A) It is unlawful to:
(1) import, possess, buy, sell, offer for sale, transfer, or transport a live member of the family Suidae (pig) taken from the wild; or
(2) release a live member of the family Suidae (pig) into the wild.
(B) Each pig imported, bought, sold, offered for sale, possessed, transferred, transported, or released in violation of this section constitutes a separate offense.
(C) The department may seize and destroy any pig obtained pursuant to this section.
HISTORY: 2005 Act No. 13, Section 1; 2010 Act No. 211, Section 1, eff upon approval (became law without the Governor's signature on June 8, 2010); 2021 Act No. 71 (H.3539), Section 2, eff May 17, 2021.
Effect of Amendment
The 2010 amendment rewrote the section.
2021 Act No. 71, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 16 - Importation Of Wildlife › 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.
HISTORY: 1979 Act No. 172, Section 1; 1989 Act No. 41, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 16 - Importation Of Wildlife › Section 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.
HISTORY: 1979 Act No. 172, Section 1; 1989 Act No. 41, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 16 - Importation Of Wildlife › Section 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.
HISTORY: 1979 Act No. 172, Section 1; 1989 Act No. 41, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 16 - Importation Of Wildlife › Section 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.
HISTORY: 1979 Act No. 172, Section 1; 1989 Act No. 41, Section 1; 2010 Act No. 211, Section 3, eff upon approval (became law without the Governor's signature on June 8, 2010); 2012 Act No. 228, Section 3, eff June 18, 2012.
Effect of Amendment
The 2010 amendment inserted the text relating to conditions of permits issued.
The 2012 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 18 - Aquaculture › Section 50-18-210. Definitions.

When used in this chapter:
(1) "Aquaculture" means controlled cultivation of an aquatic species in confinement.
(2) "Aquaculture business" means being involved in aquaculture for a commercial purpose.
(3) "Aquacultured product" means any living or nonliving form, part, or portion of an aquatic species spawned, raised, or produced by means of aquaculture, including an egg or offspring thereof.
(4) "Aquaculturist" means a person or entity engaged in aquaculture.
(5) "Commercial purpose" means the culture, processing, purchase, sale, transfer, exchange, or the offer or exposure for sale, transfer, or exchange of a product, or engaging in aquaculture or aquaculture business in order to derive income or other consideration.
(6) "Nonindigenous species" means a species, strain, or variety not native to this State and not established in the wild in this State.
(7) "Person" means an individual, firm, corporation, association, partnership, club, private body, or other entity.
(8) "Processor" means a person who engages in cutting, dressing, or filleting a product for commercial purposes, other than when prepared and sold directly to the consumer.
HISTORY: 2003 Act No. 60, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 18 - Aquaculture › Section 50-18-215. Authority of the Department of Natural Resources; permits and licenses; exclusion of saltwater species.

(A) The Department of Natural Resources has regulatory authority for permitting and licensing pertaining to aquaculture and aquaculture businesses, as provided in this chapter. The Department of Natural Resources has authority for enforcement as it affects the public waters of the State.
(B) This chapter does not apply to any saltwater species.
(C) Applicants for permits or licensure under this chapter may be required to obtain additional federal or state permits required pursuant to Chapter 39, Title 48 of the 1976 Code and Regulation 61-9.122.25.
HISTORY: 2003 Act No. 60, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 18 - Aquaculture › Section 50-18-220. Out-of-state aquaculturists and common carriers; permits, licenses, and proper documentation.

(A) Out-of-state aquaculturists who buy or sell in the State must acquire the permit and licenses required under this chapter unless selling to or buying from a permitted aquaculturist.
(B) Common carriers who carry aquaculture products in transit through the State are not subject to this chapter so long as the shipment does not originate or terminate in this State.
(C) Common carriers who deliver or receive for transport products in this State are required to have the documentation required by this chapter.
(D) Persons buying, receiving, or selling out-of-state aquaculture products must comply with the registration, permitting, licensing, and documentation requirements provided for in this chapter.
HISTORY: 2003 Act No. 60, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 18 - Aquaculture › Section 50-18-225. Possession, sale, and purchase of freshwater game fish and aquaculture products.

Native or established freshwater game fish and regulated aquaculture products produced under permit as authorized by this chapter may be possessed, sold, offered for sale, bartered, trafficked, and purchased as provided in this chapter.
HISTORY: 2003 Act No. 60, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 18 - Aquaculture › Section 50-18-240. Cost and validity of permit; fees, fines, and forfeitures placed in special account; penalties; appeal.

(A) The cost of an aquaculture permit is one hundred dollars for the year in which issued and twenty-five dollars for each year, or portion thereof, that the permit is continued. There is no cost to register a nongame aquaculture facility. For purposes of this subsection, a permit year is July first through June thirtieth of the following year.
(B) Permits are valid during the period specified upon the permit. Application and payment for permits and application for registration for aquaculture activities continuing into a second or subsequent permit year must be made with the department by June fifteenth of the permit year.
(C) Permit fees, fines, and the value of forfeitures collected under this chapter must be placed in a special account to be used by the Department of Natural Resources to support the aquaculture inspection.
(D) The Department of Natural Resources may amend, suspend, or revoke a permit for any violation of a permit condition and impose a civil penalty of not greater than five thousand dollars. An appeal may be taken pursuant to the Administrative Procedures Act.
HISTORY: 2003 Act No. 60, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 18 - Aquaculture › Section 50-18-245. Requirements to engage in aquaculture of nonindigenous species.

To engage in the aquaculture of a nonindigenous species a person must first obtain:
(1) a nonindigenous species permit as provided in this title, and
(2) an aquaculture permit.
HISTORY: 2003 Act No. 60, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 18 - Aquaculture › Section 50-18-250. Inspection of facilities; hindering or failure to comply with request of agent; display or on-site filing of permit.

(A) During business hours, or when an employee, owner, or owner's agent is present, the department may inspect all premises and facilities.
(B) It is unlawful for a person to fail to comply with the lawful requests of a department agent, or hinder a department agent, in the performance of his duties under this chapter.
(C) Permits, registrations, and licenses issued under this chapter must be conspicuously displayed or be on file at the site of the aquaculture business.
HISTORY: 2003 Act No. 60, Section 1.