Representative Hixon has introduced H4874 which is a bill that creates Chapter 17 under Title 50 of the SC Code. Reading the bill is quite alarming but please allow us to explain the intent of the bill. Briefly, the bill will allow the South Carolina Department of Natural Resources (SCDNR) to create a permit system for wildlife rehabilitators, educators, exhibitors, and researchers. If the bill passes, SCDNR will then begin its rulemaking process to write the actual regulation.
The term “captive wildlife” is created and has a broad definition in the bill, which seems bad without reading and understanding the entirety of the bill. For herp keepers, here are two important lines found in the bill:
- Possession of native reptiles and amphibians as regulated by Chapter 15, Title 50 is exempt from this chapter.
- “Pets, livestock, and nonnative exotic animals possessed by wildlife rehabilitators or apprentice wildlife rehabilitators must be kept separate from captive wildlife.”Â
Per #2 above, pets, livestock, and nonnative exotic animals are not considered to be “captive wildlife.” This means leopard geckos, tortoises, ball pythons, parakeets, guinea pigs, tropical fish, etc. (all nonnative species) are not “captive wildlife.” However, some nonnative species could already be regulated/restricted under another law. Being exempt from this law does not mean they are exempt from all laws.
Additionally, there will not be permits required (the same as current law under SC Code § 50-16-60) for exhibition, importation, and sales of most species (i.e. tropical fish, pet birds, reptiles, amphibians, guinea pigs, etc.).
Who should be concerned with this bill and the rulemaking that follows?
Any persons working with native mammals (and likely birds of prey) should follow the process, contact legislators and SCDNR with concerns/comments/input, and take part in the process. If you want to become an official wildlife rehabilitator, educator, exhibitor, or researcher in South Carolina with native species (excluding native herps which are exempt as they have their own regulation), then take part in this process.
Additionally, zoological and similar facilities should note the change to current law regarding importation of wildlife and also that only AZA has a zoological exemption for displaying North American native wildlife. You can read the list of permit exemptions in bill Section 50-17-60.
The current law for the importation of wildlife will change as below: (Note strikethrough of current text and new language is underlined.)
Section 50-16-40. Wildlife imported for exhibition purposes only by state wildlife departments, municipal zoos accredited by the Association of Zoos and Aquariums or parks, public museums, public zoological parks, and public scientific or educational institutions operated not for profit, and transient circuses based out of state are not required to procure a permit under Section 50-16-20.
Read the bill at https://www.scstatehouse.gov/sess125_2023-2024/bills/4874.htm.
Contact Representative Hixon at https://www.scstatehouse.gov/member.php?code=0849715808.
Contact SCDNR Wildlife Division at https://www.dnr.sc.gov/admin/divphone.html.
