1999-2000 Bill 3864: Alligator Farming Act of 1999, Fish and Game, Natural Resources Department

1 BIL: 3864 2 TYP: General Bill GB 3 INB: House 4 IND: 19990407 5 PSP: Witherspoon 6 SPO: Witherspoon, Delleney and Barfield, Kirsh 7 DDN: l:\council\bills\gjk\20296djc99.doc 8 RBY: House 9 COM: Agriculture, Natural Resources and Environmental Affairs Com 20 HANR 10 SUB: Alligator Farming Act of 1999, Fish and Game, Natural Resources 11 Department 12 13 14 HST: 15 16 Body Date Action Description Com Leg Involved 17 ______18 House 20000111 Co-Sponsor added (Rule 5.2) by Rep. Kirsh 19 House 19990407 Introduced, read first time, 20 HANR 20 referred to Committee 21 22 23 Printed Versions of This Bill 24 25 26 27 28 TXT: 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND TITLE 50, CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, RELATING TO FISH, GAME, AND 13 WILDLIFE, BY ADDING CHAPTER 14 SO AS TO ENACT 14 THE “SOUTH CAROLINA ALLIGATOR FARMING ACT OF 15 1999”; TO DEFINE “ALLIGATOR FARM”, “ALLIGATOR 16 FARMER”, “ALLIGATOR PART”, “ALLIGATOR PARTS 17 DEALER”, “DIRECTOR”, “DEPARTMENT”, AND 18 “TRANSPORT”; TO PROVIDE FOR ENGAGING IN THE 19 BUSINESS OF PROPAGATING ALLIGATORS; TO PROVIDE 20 FOR ALLIGATOR FARMING LICENSING AND FEES; TO 21 PROVIDE FOR MARKETING, TAKING, TAGGING, AND 22 TRANSPORTATION OF ALLIGATOR CARCASSES AND 23 SKINS IN ACCORDANCE WITH REGULATIONS OF THE 24 DEPARTMENT OF NATURAL RESOURCES; TO REQUIRE 25 AND PROVIDE FOR PROPERTY RIGHTS IN CERTAIN 26 ALLIGATORS AND PARTS THEREOF; TO PROVIDE FOR 27 LICENSES AND FEES FOR ALLIGATOR PARTS DEALERS, 28 RETAIL, AND RESTAURANTS; TO PROVIDE FOR 29 ALLIGATOR PARTS TRANSACTION FORMS, BILLS OF 30 SALE, AND RETENTION OR INSPECTION OF RECORDS OR 31 BILLS OF SALE RELATING TO ALLIGATOR 32 TRANSACTIONS; TO PROVIDE FOR ALLIGATOR PARTS 33 TAGS; TO PROVIDE FOR TAGGING AND SHIPMENT OF 34 ALLIGATOR SKINS; TO PROVIDE FOR A SEVERANCE TAX 35 ON ALLIGATOR SKINS; TO PROHIBIT THE TAKING OR 36 POSSESSION OF ALLIGATORS OR THEIR EGGS, SKINS, OR 37 PARTS, EXCEPT AS PROVIDED HEREIN; TO PROVIDE FOR 38 THE REVOCATION OF LICENSES ISSUED UNDER THIS 39 CHAPTER UNDER CERTAIN CIRCUMSTANCES; TO 40 PROVIDE FOR CONFISCATION OF CERTAIN ALLIGATOR 41 SKINS; TO PROVIDE FOR THE DISBURSEMENT OF 42 LICENSE FEES AND TAXES; TO PROVIDE FOR THE

1 [3864] 1 1 EFFECT UPON LICENSES ISSUED UNDER THIS CHAPTER 2 IN THE EVENT THE FEDERAL GOVERNMENT PLACES 3 ALLIGATORS IN AN ENDANGERED SPECIES STATUS; TO 4 PROVIDE FOR PENALTIES AND FORFEITURES FOR THE 5 VIOLATION OF THIS CHAPTER AND REGULATIONS 6 PROMULGATED UNDER IT; AND TO PROVIDE FOR 7 EXEMPTIONS FROM CERTAIN PENALTIES FOR PERSONS 8 TAKING, POSSESSING, STORING, TRANSPORTING, 9 PROCESSING, SELLING, OFFERING FOR SALE, BUYING, 10 OR SHIPPING OF AN AMERICAN ALLIGATOR 11 (ALLIGATOR MISSISSIPPIENSIS) OR EGGS, PARTS, OR 12 PRODUCTS OF AN ALLIGATOR RAISED BY AN 13 ALLIGATOR FARMER ON AN ALLIGATOR FARM 14 PURSUANT TO THIS CHAPTER. 15 16 Be it enacted by the General Assembly of the State of South 17 Carolina: 18 19 SECTION 1. Title 50 of the 1976 Code is amended by adding: 20 21 “CHAPTER 14 22 23 South Carolina Alligator Farming Act 24 25 Section 50-14-10. This chapter may be cited as ‘The South 26 Carolina Alligator Farming Act of 1999’. 27 28 Section 50-14-20. For the purposes of this chapter, unless the 29 context otherwise requires: 30 (1) ‘Alligator farm’ means an enclosed area not located on 31 public lands or waters, constructed so as to prevent the ingress and 32 egress of alligators from surrounding public or private lands or 33 waters and meeting other specifications prescribed by the 34 department, where alligators are bred and raised under controlled 35 conditions. 36 (2) ‘Alligator farmer’ means a person who raises alligators 37 under controlled conditions which prohibit free movement of the 38 animals onto and off of the farm or controlled area, and who may 39 harvest alligators under the supervision of the department. 40 (3) ‘Alligator part’ means any part of the carcass of an 41 alligator, except its skin. 42 (4) ‘Alligator parts dealer’ means any person who deals in 43 alligator parts and who buys from an alligator farmer for the

1 [3864] 2 1 purpose of resale; or manufactures within the state alligator parts 2 into a finished product; or purchases, cans, processes, or distributes 3 alligator meat for wholesale or retail; provided, that a retailer 4 selling canned alligator parts or a retailer purchasing alligator parts 5 from an alligator parts dealer or a restaurant selling prepared 6 alligator meat for human consumption must not be classified as an 7 alligator parts dealer. 8 (5) ‘Department’ means the South Carolina Department of 9 Natural Resources. 10 (6) ‘Director’ means the director of the department. 11 (7) ‘Transport’ means, in its different tenses, the act of 12 shipping, attempting to ship, receiving or delivering for shipment, 13 transporting, conveying, carrying, or exporting by air, land, or 14 water or by any means whatsoever. 15 16 Section 50-14-30. Any person, firm, or corporation may 17 engage in the business of propagating alligators on an alligator 18 farm for restocking, propagation, and other commercial purposes 19 by complying with the provisions of this chapter and thereafter 20 may sell either live alligators to other licensed alligator farmers 21 only, or the parts or skins of farm-raised alligators to any person, 22 for any purpose, including sale for food, either within or without 23 this state. 24 25 Section 50-14-40. Whoever desires to engage in the business 26 of raising, exhibiting, and selling alligators on alligator farms must 27 apply to the department for a license to do so. If it appears that the 28 application is made in good faith, upon payment of five hundred 29 dollars, an alligator farmer license may be issued permitting the 30 applicant to breed, propagate, exhibit, and sell live alligators to 31 other licensed alligator farmers, or sell their skins and parts and to 32 kill and transport them and sell their skins and parts as provided in 33 this chapter. A person lawfully exhibiting alligators in a circus or 34 zoo or in a similar animal, reptile, or wildlife show at a place or 35 location other than on an alligator farm regulated by this chapter, is 36 exempt from the license and fee requirements of this chapter. 37 38 Section 50-14-50. Alligators raised on licensed breeding 39 farms may be sold alive to other licensed alligator farmers only, or 40 taken for their skins or for food, according to regulations 41 promulgated by the department. All skins must be tagged 42 according to regulations of the department. The severance tax, as 43 provided in Section 50-14-110, must be paid before the raw

1 [3864] 3 1 alligator skins are sold or shipped within or without the state, and a 2 written affidavit as to the number and kinds of skins sold or 3 shipped must be furnished to the department as specified. No 4 alligator carcass or parts intended for sale must be shipped, 5 transported, sold, or offered for sale unless tagged according to 6 department regulations. 7 8 Section 50-14-60. Whoever has possession of an alligator or 9 alligator parts on a posted or fenced alligator farm must have a 10 property right in the alligator or alligator parts and must be the 11 owner or employee of the owner of the alligator farm. Whoever 12 enters the alligator farm and catches, takes, or attempts to catch or 13 take alligators when the area has been posted or fenced according 14 to law must be punished as though the alligators were ordinary 15 domestic animals subject to the property rights of the owner under 16 the laws of the State of South Carolina. 17 18 Section 50-14-70. (A) Each alligator parts dealer must secure 19 an alligator parts dealer license from the department before 20 commencing business. The license must be secured annually and 21 must be furnished upon the payment of one hundred dollars. 22 (B) Each retailer selling canned alligator parts or purchasing 23 alligator parts, and each restaurant selling prepared alligator meat 24 for human consumption must secure a license from the department 25 before commencing business. The license must be secured 26 annually and must be furnished upon payment of five dollars. 27 28 Section 50-14-80. (A) Any licensed alligator farmer may sell 29 alligator carcasses or parts, provided he completes an official 30 alligator parts transaction form, furnished by the department, for 31 every alligator parts transaction. These forms must be submitted 32 to the department at 30-day intervals until all parts are sold. 33 (B) Any alligator parts dealer purchasing alligator parts, other 34 than skins, must complete an official alligator parts transaction 35 form for each purchase. Any alligator parts dealer selling alligator 36 parts, other than skins, must complete an official alligator parts 37 sale form for each sale. These forms must be furnished by the 38 department and must be submitted to the department at thirty-day 39 intervals until final disposition of all parts. Each alligator farmer 40 and parts dealer must furnish a bill of sale to each retailer or 41 restaurant purchasing alligator parts. 42 (C) Any retailer or restaurant purchasing alligator parts must 43 maintain a bill of sale for each purchase for a period of six months

1 [3864] 4 1 after the purchase. These records must be available for inspection 2 at any and all reasonable hours by the director, his law 3 enforcement officers, or any other persons appointed and 4 designated by him for inspection purposes. 5 (D) The records of transaction involving alligator parts of 6 alligator farmers and parts dealers must be available for inspection 7 at any and all reasonable hours by the director, department law 8 enforcement officers, or any other persons appointed and 9 designated by the director for inspection purposes. Each parts 10 dealer must maintain complete records for a period of one year 11 following any transaction. 12 13 Section 50-14-90. Each alligator farmer must tag with an 14 official alligator parts tag, furnished by the department, all 15 carcasses, meat, or nonedible alligator parts prior to sale and upon 16 dissection from the carcass. This tag must be completed in full 17 and remain attached to the carcass or part until final disposition by 18 the alligator farmer, parts dealer, or consumer if purchased directly 19 from an alligator farmer. 20 21 Section 50-14-100. All raw alligator skins shipped within 22 this state must be tagged so as to show the number and kinds of 23 skins in the shipment, the consignor, shipping point, consignee, 24 and destination. The department must supply suitable tags to all 25 shippers requiring them for actual shipments. No alligator skin 26 intended for shipment within this state must be accepted by any 27 post office, express company, or agent, or the agent of any 28 common carrier, unless there is attached to one of the packages 29 composing the shipment to each consignee one of the tags 30 specified herein. 31 32 Section 50-14-110. (A) There is hereby levied a severance 33 tax on each alligator skin taken from any alligator within this State, 34 payable to the State through the department by the alligator farmer 35 selling or shipping his skins within or without the State or taking 36 his own catch out of state, at the rate of one dollar on each skin. 37 Failure to pay the severance tax subjects all alligator skins held by 38 a delinquent alligator farmer to confiscation by order of the 39 department. Failure to maintain complete records and to pay the 40 severance tax as provided herein subjects an alligator farmer to the 41 penalties provided in this chapter and to the immediate revocation 42 of his license by the department. No license may be issued to any

1 [3864] 5 1 alligator farmer who has not paid the severance tax for the 2 preceding year. 3 (B) A person who violates the provisions of this section is 4 guilty of a misdemeanor and, upon conviction, must be fined not 5 less than one hundred dollars or more than five hundred dollars, or 6 imprisoned from not more than thirty days, or both. 7 8 Section 50-14-120. (A) It is unlawful for a person to take 9 or possess the eggs of alligators, alligators, or their parts or skins in 10 this state except as provided for in this chapter. The provisions of 11 this section do not apply to legal finished products, alligators or 12 parts thereof legally acquired prior to the effective date of this act, 13 or alligators harvested or collected under a permit from the 14 department. 15 (B) A person who violates the provisions of this section is 16 guilty of a misdemeanor and, upon conviction, must be fined not 17 less than one hundred dollars or more than five hundred dollars, or 18 imprisoned from not more than thirty days, or both. 19 20 Section 50-14-130. All license fees and taxes resulting 21 from the provisions of this chapter must be paid into the State 22 Treasury to the credit of the department. 23 24 Section 50-14-140. Notwithstanding anything herein to 25 the contrary, in the event the federal government places the 26 alligator in an endangered species status, all licenses issued 27 pursuant to this chapter will be null and void upon the earlier of 28 the following dates: 29 (1) the expiration date of said licenses; or 30 (2) one year from the date that the federal government placed 31 the alligator in an endangered species status. 32 33 Section 50-14-150. Any person licensed as an alligator 34 farmer under Section 50-14-40 convicted of violating any of the 35 provisions of this chapter will have his license canceled and all 36 alligators, alligator parts, and alligator skins in his possession, 37 upon conviction, are forfeited to the department. These will be 38 disposed of by the department through public auction and the 39 proceeds thereof deposited in the State Treasury to the credit of the 40 department. Any alligator farmer having his license so canceled 41 will be ineligible to purchase a license for a period of five years. 42 After five years, the person may purchase an alligator farmer

1 [3864] 6 1 license only on written recommendation of the director of the 2 department. 3 4 Section 50-14-160. Notwithstanding any other provision 5 of law, a person taking, possessing, storing, transporting, 6 processing, selling, offering for sale, buying, or shipping of an 7 American alligator (Alligator mississippiensis) or eggs, parts, or 8 products of an alligator raised by an alligator farmer on an alligator 9 farm pursuant to this chapter is not subject to the penalties 10 otherwise prescribed for taking, possessing, storing, transporting, 11 processing, selling, offering for sale, buying, or shipping of an 12 American alligator (Alligator mississippiensis) or eggs, parts, or 13 products of an alligator or to the penalties prescribed for a 14 violation of Section 50-15-80.” 15 16 SECTION 2. This act takes effect upon approval by the 17 Governor. 18 ----XX----

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