South Carolina § 50-15-40 - Establishing and carrying out programs for management of nongame and endangered wildlife; removal, capture, or destruction of wildlife.

§ 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".