South Carolina Code of Regulations › Chapter 123 - DEPARTMENT OF NATURAL RESOURCES › Article 5 - NON-GAME AND ENDANGERED SPECIES › Section 123-151.3 - Exchange and Transfer for Certain Native Reptiles and Amphibians

Current through Register Vol. 48, No. 6, June 28, 2024
A. No native
			 reptile or amphibian, including parts, products, eggs, and derivatives may be
			 sold, purchased, traded, exchanged, bartered, exported or shipped, transferred
			 and/or re-homed, except:
1. Transferring
			 possession of a native reptile or amphibian to the Department or the
			 Department's designated recipient. The circumstances of acceptance shall be at
			 the Department's discretion.
2.
			 Transferring possession of native reptiles or amphibians when lawfully
			 possessed and transfer is specifically authorized pursuant to other applicable
			 federal or state laws, including those in Title 50. With respect to S.C. Code
			 Section
			 50-16-60
			 this exception shall not apply and the provisions of S.C. Code Section 50-15-15
			 and the associated regulations in 123-151.3 and 123-151.4 shall have priority
			 concerning possession and transfer of reptiles and amphibians.
3. Zoos and Aquaria maintaining accreditation
			 or certification by the Association of Zoos and Aquariums, accredited research
			 institutions under Institutional Care and Use Committees, and schools and
			 educational displays open to the public may transfer and receive transferred
			 reptiles and amphibians and must provide written notification to the Department
			 specifying the number and species prior to transfer. Any such transfer may not
			 be a sale, purchase, barter, or other commercial transaction. This exception
			 also applies to the donor of a native reptile or amphibian to the above
			 entities.
4. Venom or venom
			 derivatives obtained or produced by a laboratory.
5. Any non-native phenotype
			 (
i.e
. - "morph" or genetic mutation) of native snake
			 species.
6. Any native wild
			 phenotype of the following species reproduced in captivity and under 10 inches
			 in total length, eastern garter snake (
Thamnophis sirtalis
),
			 mole king snake (
Lampropeltis calligaster),
and eastern
			 milksnake (
Lampropeltis triangulum
).
7. Any native wild phenotype of the following
			 species reproduced in captivity and under 20 inches in total length, corn snake
			 (
Pantherophis guttatus
), rat snake (
Pantherophis
			 sp.
), and eastern king snake (
Lampropeltis
			 getula
)
8. Any native wild
			 phenotype of the following species reproduced in captivity and, or under 24
			 inches in total length, pine snake (
Pituophis
			 melanoleucus
).
9. The
			 yellow-bellied slider (
Trachemys scripta
) species and the
			 common snapping turtle (
Chelydra serpentina
) species if these
			 turtles were taken from a) a permitted aquaculture facility or b) a private
			 pond pursuant to a permit issued by the Department at the request of the owner
			 or owner's agent. Any person transporting more than five yellow-bellied sliders
			 (
Trachemys scripta
) species or common snapping turtle
			 (
Chelydra serpentina
) species must be in possession of a
			 permit pursuant to which the turtles were taken or acquired. A person selling,
			 offering to sell, or purchasing these species must have documentation from the
			 aquaculture facility or permitted private pond as to the origin of the
			 turtles.
10. American alligators
			 (
Alligator mississippiensis
), alligator eggs, alligator parts,
			 and alligator products, while subject to regulation under other provisions of
			 Title 50.
11. Bull Frogs
Lithobates (Rana) catesbeianus
.
12. Native reptiles and amphibians may be
			 transferred to department-permitted wildlife rehabilitators for the purpose of
			 rehabilitation and release. Any transfer may not be a sale, purchase, barter,
			 or other commercial transaction. Wildlife rehabilitators may be permitted by
			 the Department by demonstrating the following:
a. All captive reptiles and amphibians must
			 receive proper care to ensure:
i. appropriate
			 bedding, cover, temperature regulation, and secure shelter;
ii. potable water is accessible at all times
			 or sufficient to meet daily requirements;
iii. food of a quantity and nutritive value
			 to meet normal requirements; and
iv. an effective program for the control of
			 diseases, parasites, and pests is established and maintained.
b. Any permitted wildlife
			 rehabilitator must show proof of veterinary care either:
i. by being a licensed veterinarian;
			 or
ii. with a letter from the
			 treating or consulting veterinarian, or veterinary practice, listing the permit
			 holder and those species for which the veterinary practice will provide
			 treatment or consultation.
c. Providing an annual report documenting all
			 reptiles and amphibians transferred to the permitted individual or facility and
			 from the permitted individual or facility and will describe the final
			 disposition of each individual.
13. Native American Indian tribes recognized
			 Federally or by the State of South Carolina's Commission for Minority Affairs,
			 pursuant to S.C. Code Section
			 1-31-60,
			 and their members may transfer possession of parts of dead native reptiles when
			 such parts are or will be incorporated in Native American cultural items and
			 religious items, including but not limited to regalia, decorative attire,
			 religious items, and musical instruments. This exception does not apply to live
			 animals.