Current through Register Vol. 48, No. 9, September 27, 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.
B. An otherwise
lawful collection of native reptiles or amphibians may be exported from the
State of South Carolina if an export permit is first obtained from the
Department. Export permits are only available when an individual or legal
entity is permanently relocating to another state.
C. Temporary export permits for native
reptiles and amphibians may be granted at the discretion of the Department for
the purposes of education, rehabilitation, and conservation where the animals
will return to their state of origin.
D. Any state endangered or threatened and in
need of management species are subject to the protections provided by S.C. Code
Sections
50-15-10,
et seq. and shall not be possessed or transferred except by
permit issued by the Department.
E.
The penalties for violation of this regulation are prescribed in S.C. Code
Section
50-15-80.