South Carolina Code of Regulations
Chapter 123 - DEPARTMENT OF NATURAL RESOURCES
Article 5 - NON-GAME AND ENDANGERED SPECIES
Section 123-151 - Regulations for Species or Subspecies of Non-game Wildlife
Universal Citation: SC Code Regs 123-151
Current through Register Vol. 48, No. 9, September 27, 2024
A. Alligator Harvest
1. The size and number of all alligators to
be taken will be specified by the Department on permits provided with harvest
tags. A permit holder may only take and/or possess alligators identified by the
Department and only in the manner specified by the Department.
2. All who take or attempt to take an
alligator must have a copy of the harvest permit along with an unused harvest
tag with them while afield.
3. Once
an alligator is killed and before it is transported, a harvest tag must be
attached and locked within six inches of the tip of the tail. In the event that
an alligator harvest tag is defective and is not usable for the purpose
intended, or becomes detached from the alligator hide, the Department must be
notified immediately. The Department will be responsible for the replacement of
defective, but not lost, tags. The alteration of harvest tags is strictly
prohibited.
4. Alligator meat may
be used by the harvester but cannot be bought, sold or bartered except as
provided in this regulation. All packages of meat not to be sold must have a
tag or label with the name of the harvester and the harvest tag number
attached.
5. Before shipping or
transporting outside of the USA, carcasses or hides must have CITES tags
attached. Anyone desiring to ship or transport such items from the country must
contact select Department offices for CITES validation and tagging.
6. Any alligator carcass, hide or part that
is not tagged, labeled or marked as required in this regulation is declared
contraband and must be confiscated.
B. Depredation Program
1. Depredation permits for alligator removal
will be issued to property owners or control agents. There is no fee for
participation in this program.
2.
Qualifications and liability of Control Agents:
a. Control agents must possess the experience
and ability to handle alligators.
b. Control agents must supply all equipment
necessary to take alligators.
c.
Control agents assume personal liability for their health, safety and welfare
and that of their assistants.
d.
Control agents are not employees of the Department, they are independent
contractors.
e. Applications for
selection as control agents will be reviewed by the Department. The number of
appointed control agents will be based upon the need as determined by the
Department.
3. Operation
of Department designated alligator control agents:
a. Alligators may be skinned only at
designated sites and in accordance with specific instructions provided by the
Department.
b. The meat of
alligators may be used by the control agents or his/her immediate family and
may also be given to others, but must not be bought, sold or transferred except
as provided in this regulation. All packages of meat not to be sold,
transferred or bartered must have a label attached that includes the name of
the person who harvested the alligator and the harvest tag number.
c. Each control agent may be assisted by not
more than two assistant control agents approved by the Department, provided
that no such assistant shall operate or conduct any alligator trapping or
transportation activity except under supervision of the control
agent.
d. Alligator harvest tags
issued to control agents are the property of the Department and shall remain
the property of the Department.
e.
Designation as an alligator control agent is discretionary with the Department
and such designation may be revoked at any time.
C. Private Lands Alligator Program
1. Alligators may be taken from lands that
are in the Private Lands Alligator Program. The season for taking alligators
under this program is from September 1 until May 31. The Department will
establish a quota and issue tags for each specific application. Alligators
taken under this program must be at least 4 feet in length. Alligators less
than 4 feet taken incidentally must be tagged with a harvest tag, but cannot be
disposed of commercially.
2.
Applications for participation in the Private Lands Program are due August 1 of
each year for the subsequent September 1 to May 31 season. Applications
received by the Department after August 1st of that
year may be denied participation based on the number of harvest tags available
or at the discretion of the Department. All participants must report all
harvested alligators and harvest information to the Department not later than
the following July 1st. No renewal application for a
property previously enrolled in the Private Lands Alligator Program will be
processed until such time as an accurate and complete harvest report is
submitted to the Department.
3. If
the application is approved by the Department for participation in the Private
Lands Alligator Program and a permit is issued, alligators may be taken only
from that area and only by a licensed hunter. In order to participate in the
Private Lands Alligator Program, an alligator control agent as defined in
Section B must also be a licensed hunter. Participants in the Private Lands
Alligator Program must maintain accurate records for inspection by Department
personnel and the records must be made available for immediate inspection at
any and all reasonable hours at the request of the Department.
4. All areas identified in the Private Lands
Alligator Program and facilities used for processing alligators must be open to
Department personnel for inspection to determine compliance with the program
and laws and regulations protecting alligators and to allow collection of
biological information.
5. During
the designated private lands season, alligators may only be taken by firearms,
hand-held snares, set snares, hand-held harpoons, archery equipment, crossbows,
snatch hooks and as otherwise permitted by the Department. If devices other
than firearms are used, a line must be securely attached to the hook, arrow or
head of the device in such a manner to prevent separation from the hook, arrow
or head until the carcass is retrieved. The other end of the line must be held
by the hunter or be attached to a stationary or floating object capable of
maintaining line above water when an alligator is attached. Rimfire firearms
and shotguns are prohibited for taking alligators except that these firearms
can be used to dispatch an alligator secured by a line. No alligator may be
taken by use of baited hooks or by pole hunting. Pole hunting is defined as the
act of taking an alligator from a den with a hook or snagging device of any
type secured to the end of a pole and includes any device used to induce an
alligator to move from a den prior to taking. All alligators taken under this
program must be killed prior to transport off of the property named on the
permit.
6. No person may use
alligator harvest tags issued for privately-owned habitat on publicly-owned
property.
7. A Department-supplied
alligator harvest report form must be updated by the applicant or the person
taking alligators on the property within 24 hours of the taking of each
alligator. Alligator hunters, while on property designated under the Private
Lands Alligator Program, must possess tags for that property. Completed harvest
forms must be returned to the Department by July 1st
of each year. A participant who does not report is not eligible to participate
in the program the following season.
8. Unless otherwise specifically allowed by
Department permit, alligator hides, parts or products may be retained and sold
only in accordance with this regulation.
D. Alligator Hunting Season
1. The Department may issue a prescribed
number of Alligator Hunting Season permits for the harvest of alligators. Those
applicants randomly selected shall be issued instructions along with harvest
tag(s). Alligators may be taken pursuant to permits from public and private
areas where the person has legal access for the taking of alligators.
Alligators taken under this program must be at least 4 feet in length. The
season for hunting alligators under this program is from 12:00 noon on the
2nd Saturday in September until 12:00 noon on the
2nd Saturday in October and is open in Game Zones 3
and 4. These harvest permits cannot be used on property approved under the
Private Lands Alligator Program. The Department may close, extend, delay or
reopen the season if biological needs warrant.
2. During the designated season, alligators
may only be taken by hand-held snares, hand-held harpoons, archery equipment,
crossbows, snatch hooks and as otherwise permitted by the Department. Any
device may only be used when a line is securely attached to the hook or head of
the device in such a manner as to prevent separation from the hook, arrow or
head until the carcass is retrieved. The other end of the line must be held by
the hunter or attached to a stationary or floating object capable of
maintaining line above water when an alligator is attached. Only a handgun, a
bangstick or sharp instrument used to sever the spine may be used for dispatch
and only if a restraining line is attached to the alligator. A hand-held snare
must be used to hold the alligator boatside or on land before it can be
dispatched. Firearms may not be used to take free-swimming or basking
alligators. The possession of a rifle or shotgun while taking or attempting to
take alligators under this program is prohibited. All alligators taken under
this program must be killed prior to transport by boat or vehicle. No alligator
may be taken by use of baited hooks or by pole hunting. Pole hunting is defined
as the act of taking an alligator from a den with a hook or snagging device of
any type secured to the end of a pole and includes any devices used to induce
an alligator to move from a den prior to taking.
3. A Department-supplied alligator harvest
report form must be updated by the person taking alligators within twenty-four
(24) hours of taking each alligator and prior to transporting the alligator
carcass to a processing facility. Completed harvest forms must be returned to
the Department by November 1st of each
season.
4. A person who does not
report is not eligible to participate in the program or hunt alligators the
following season.
5. Alligator meat
may be retained by the harvester but cannot be bartered or sold. Alligator
hides may be retained and sold only in accordance with this
regulation.
E. Sale of Alligator Meat
1. The sale or barter of
alligator meat taken under the alligator hunting season program is
prohibited.
2. Meat taken from
alligators harvested under the authority of depredation tags and the private
lands program tags may be sold only under the following conditions:
a. Each package must be labeled to indicate
the state, the number of pounds of meat enclosed, the date of packaging, the
name of harvester, the processor, the State Food Inspection Department's
inspection number, and the tag number corresponding to the alligator hide from
which the meat was taken.
b. All
cartons of alligator meat imported from other states shall bear an official
marking from that state's wildlife agency or other agency charged with food
inspection.
c. Persons handling
alligator meat for human consumption must comply with the sanitation
requirements of all applicable federal, state and local authorities.
d. Those who harvest alligators must maintain
accurate records of all alligator meat sales on standard forms supplied by the
Department and such records shall be open to inspection by Department
personnel.
3. No person
may bring any alligator meat into this State, or possess alligator meat unless
authorized by this regulation.
4.
Alligator meat transported into the State must bear evidence of having been
legally taken.
5. Restaurants,
canneries, nonfood meat processors and alligator meat wholesalers shall retain
all alligator meat purchased in the original packages until the meat is
prepared for consumption or processing. Such businesses and/or individual shall
detach the original label with the accompanying data from each package when all
meat from that carton has been prepared or processed and retain that label for
the period of at least six months from the date of sale indicated on the
label.
F. Sale, Barter or Transfer of Alligator Hides and Other Parts
1. Alligator skulls not discarded must be
permanently marked with the alligator harvest tag number under which it was
taken. Skulls not yet processed into a finished product may be marked with a
temporary label denoting tag number under which it was taken. Possession of any
skull without the tag number is prohibited. Skulls that are found may be
retained, sold, bartered or transferred but the finder must contact the
Department to obtain a tag number to permanently tag or mark the part. Parts
other than skulls or hides may be sold, bartered or transferred, but records
must be kept indicating to whom the parts were sold, bartered or
transferred
2. Hides or alligators
taken with Department issued permits may be sold but must be properly tagged
and reported as provided in this regulation. Alligator hides and parts
transported into this state for sale or processing must bear evidence of having
been legally taken. Parts of hides taken from a legally tagged alligator hide,
must be tagged or packaged with a label, receipt, or other document indicating
harvester's name, date, and the harvest tag number and this documentation
retained until such time as the partial hide is tanned or otherwise processed
into other finished goods or discarded.
3. No person shall accept or possess an
untagged alligator hide or unmarked or untagged alligator skull for any
purpose.
G. Sale of Finished Alligator Products
1. Products made
from legally acquired crocodilians may be offered for sale in the State in
accordance with the following:
a. Products
made from the American alligator must be visibly labeled American
alligator.
b. Products made from
Caiman must be visibly labeled Caiman.
c. Products made from other crocodilians must
be visibly labeled Crocodile.
2. Final end users of these finished products
are not required to maintain this labeling requirement.
H. Alligator Propagation
1. Alligator Propagators Permit Applications.
a. Only persons who are at least 18 years old
at the time of application are eligible for an Alligator Propagators
Permit.
b. All applicants must
submit a copy of a deed or leaseholder agreement along with a detailed map of
the property on where the alligator propagation facility will be located. Map
must show the boundaries of the facility, and the locations of every structure,
pond, or other property feature used to hold, house, and or process
alligators.
c. The permit
application must state the source and approximate number of alligators to be
held at the facility. Applicant must notify the Department of any changes to
the source stock and numbers.
Alligator propagation facilities must meet the standards herein in order to procure or maintain an Alligator Propagator's Permit. The Department has 15 business days from receipt of a new alligator propagator permit application to inspect the facility for initial compliance.
d. The Department will notify the
applicant in writing of any inspection deficiencies and the work needed to
remedy the listed deficiencies.
e.
Any applicant who does not meet initial facility standards must notify the
Department after remedying the listed deficiencies on the inspection
report.
f. The Department has 15
business days from receiving notification of these remedies to re-inspect the
facility for compliance.
2. Alligator Propagation Facilities
a. The minimum setback separation distance
required between an outdoor alligator holding tank, pen, or pond, and real
property owned by another person is 1,000 feet. The minimum setback separation
distance required between an indoor alligator holding tank or pen is 500 feet.
Setbacks from property lines may be waived with written consent of the adjacent
affected property owners.
b. The
minimum separation distance between an alligator facility and a public or
private drinking water well is 500 feet.
c. The minimum separation distance required
between an alligator holding tank, pen, or pond and waters of the State is
1,320 feet or 1/4 mile. If the waters of the State are designated Outstanding
Resource Waters, Critical Habitat Waters of Federally Endangered Species, or
Shellfish Harvesting Waters, the minimum separation distance required between
an alligator holding tank, pen, or pond, and waters of the State is 2,640 feet
or 1/2 mile.
d. The premises must
be secure and have adequate barriers to prevent escape of enclosed alligators,
entry onto the premises from alligators outside of the facility, and to deter
theft of enclosed alligators.
e.
There must be an adequate supply of fresh water at each permitted facility,
including each enclosure, or each holding area on the property.
f. Except for outside pens or ponds, all
holding tanks and pens shall have smooth walls.
g. All areas where alligators are housed must
contain enough water for every animal to completely submerge and enough area
for each animal to completely exit the water.
h. Outdoor pens, tanks, or ponds must be
constructed with a fence a minimum of five feet in height utilizing 11 1/2
gauge chain-link fence with a minimum of 11 1/2 gauge ties secured to
posts, rails, or other structural parts to prevent escape.
i. All enclosures must be constructed to
prevent alligators from going under or over the enclosure.
j. Provisions must be made to protect
alligators held outside from freezing cold temperatures with adequate denning
space.
k. Outside holding
facilities must provide adequate covering or natural vegetation for shade as
well as direct sunlight areas for basking to allow temperature
regulation.
l. Indoor pens and
tanks.
i. Alligator eggs located outside of a
nest must be kept in an incubator with air and water temperature ranges between
85 and 91 degrees Fahrenheit.
ii.
Alligators less than 48" in total length must be kept inside in a controlled
environment with a minimum temperature of 80 degrees Fahrenheit.
iii. Alligators less than 48" in total length
must be kept in rearing tanks constructed in such a manner to allow complete
submersion or exit from the water.
iv. All indoor facilities must have
temperature monitors and a backup power system in order to maintain correct
water and air temperatures.
v. All
rearing tanks must be constructed of fiberglass, plastic, metal, or other
material approved by the Department to ensure secure and humane confinement.
Tanks and pens must allow water to be readily drained to allow water changes or
cleaning.
m. Alligators
must be kept segregated from other alligators by the following size classes:
i. Less than 2 feet.
ii. 2 to 4 feet.
iii.4-6 feet.
iv. Greater than 6 feet.
n. Minimum pen, tank, pond, or
other holding area space requirements.
i. One
half (0.5) square feet of space for every alligator less than 24 inches in
total length.
ii. One and a half
(1.5) square feet of space for every alligator 24 to 48 inches in total length.
iii. Three (3) square feet of
space for every alligator greater than 48 inches in total length.
iv. For all alligator sizes, the pen, tank,
or pond must allow at least the largest animal to orient in any direction
without touching the sides of the pen, tank, or
pond.
3.
Harvest and processing of alligators at a propagation facility.
a. Any alligator killed under the authority
of an alligator propagation permit or that dies at a permitted alligator
propagation facility must be tagged with a Department supplied harvest tag
within 24 hours or properly disposed of in accordance with local waste disposal
requirements.
b. An alligator
propagation facility may process alligators reared on the facility or purchased
from any other legal source provided:
i. The
building or structure where alligators are processed for human consumption
meets and maintains all applicable state and federal food handling and storage
requirements and are licensed or certified to process alligator meat.
ii. All meat processed for consumption must
be packaged in suitable containers which clearly identifies the package as
alligator meat, and marked with the facility permit number, and as required by
any other federal or state food labeling laws or regulations.
iii. Records are maintained on forms provided
by SCDNR in regards to the origin of the alligators and the associated harvest
tag numbers.
iv. A tag or label
affixed to any package or container of alligators or alligator parts must
specify the contents, quantity contained, and applicable license and permit
numbers.
c. Tagged,
unskinned alligator carcasses may be sold or otherwise disposed of.
d. All tags issued to an alligator
propagation facility remain the property of the Department and may be revoked
for violations of these regulations.
e. Requests for CITES tags must be made to
the Department at least 10 business days in advance.
f. Alligators taken under the authority of
the public hunting program cannot be sold or given to an alligator propagation
facility.
g. Alligator carcasses
taken under the authority of the Private Lands Alligator Program may be sold or
given to a propagation facility for the purpose of processing provided that the
animals are tagged as required by the Private Lands Program.
h. No live alligators taken under any of the
State's other alligator harvest programs can be sold or given to an alligator
propagation facility except with a separate permit issued by the
Department.
4. Reporting
Requirements.
a. All alligator propagation
facilities must submit an annual report on Department issued forms with the
following information:
i. The number of eggs
purchased and their origin.
ii. The
number of alligators hatched.
iii.
The number of live alligators purchased by size class and origin.
iv. The number of live alligators currently
in possession.
v. The number of
alligators that died.
vi. The
number of alligators killed.
vii.
The disposition of alligator parts and meat sold during the year.
viii. Names of persons or companies to whom
alligators, alligator meat, or alligator parts were sold or otherwise
transacted.
ix. A completed record
for each tag used.
x. A record of
the number of alligator carcasses purchased from others and the complete tag
numbers from those alligator carcasses.
b. Any tags issued and not used and accounted
for on harvest reports must be returned with the annual report.
c. No live alligators may be transported off
of the alligator propagator facilities without a permit issued by the
Department.
d. Alligator
propagators must follow all permit conditions printed on or accompanying the
alligator propagator's permit. This permit must be prominently displayed on
site at the alligator propagation facility.
Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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