On Friday South Carolina announced proposed new legislation that impacts reptile owners, as well as owners of exotic mammals. South Carolina's Senate Bill
S 1204 Exotic Animal and Reptile Control and Regulation Act places new restrictions, regulations and penalties on owners of the following reptile species; Reticulated Python,
Python reticulatus; Burmese Python,
Python molurus; African Rock Python,
Python sebae; Amethystine Python,
Morelia amethistina and Green Anaconda,
Eunectes murinus or any of their subspecies or hybrids, as well as Crocodilians and Venomous species.
Has there ever a reptile regulatory proposal that could be considered good for the reptile community? If so this might be one of them, or at the least considerably less onerous than most of the other proposed state regulations. Unlike many of the other proposals currently being considered by other states this legislation does not appear to ban the possession, sale or ownership of these animals, but appears to add caging requirements, safety restrictions and legal penalties for non-compliance, as well as legal penalties for intentional release. These are all things that responsible reptile owners should already be doing, it just makes them legally mandatory and raises the bar of professionalism in our community and industry.
As a community, and an industry we should expect to be regulated, few industries go without regulation. We can either work with these agencies, state and federal, to develop workable legislation or we can work against them. I would venture that working against them thus far has met with limited success.
To see the reptile portion of the proposed bill, click below
Regulation of Reptiles
Section 47-2-210. The intentional or negligent exposure of other human beings or the environment to unsafe contact with reptiles that are venomous, with large constricting snakes, or with crocodilians being potentially injurious and detrimental to public health, safety and welfare, and the environment, the indulgence in and inducement to such exposure is hereby declared to be a public nuisance and a criminal offense, to be abated and punished as provided in this article.
Section 47-2-220. It is unlawful for a person to own, possess, use, transport or traffic in any venomous reptile that is not housed in a sturdy and secure enclosure. Permanent enclosures must be designed to be escape proof, bite proof and have an operable lock. Each enclosure shall be clearly and visibly labeled 'Venomous Reptile Inside' with the scientific name, common name, number of specimens, appropriate anti-venom and owners identifying information noted on the enclosure. Transport containers must be designed to be escape proof, bite proof and must be clearly and visibly labeled 'Venomous Reptile Inside' with scientific name and common name noted on the container. A written bite protocol that includes emergency contact information, local animal control office, the name and location of suitable anti-venom, first aid procedures and treatment guidelines, as well as, an escape recovery plan must be within sight of permanent housing and a copy must accompany the transport of any venomous reptile. In the event of an escape of a venomous reptile, the owner or possessor of the venomous reptile immediately shall notify local law enforcement.
Section 47-2-230. As used in this article, large constricting snakes shall mean: Reticulated Python, Python reticulatus; Burmese Python, Python molurus; African Rock Python, Python sebae; Amethystine Python, Morelia amethistina and Green Anaconda, Eunectes murinus or any of their subspecies or hybrids. It is unlawful for any person to own, possess, use, transport or traffic in any of the large constricting snakes that are not housed in a sturdy and secure enclosure. Permanent enclosures must be designed to be escape proof and shall have an operable lock. Each enclosure must be labeled clearly and visibly with the scientific name, common name, and owners identifying information. Transport containers must be designed to be escape proof. A written safety protocol and escape recovery plan must be within sight of permanent housing and a copy must accompany the transport of any of the large constricting snakes. If a large constricting snake escapes, the owner or possessor of the large constricting snake immediately shall notify local law enforcement.
Section 47-2-240. For purposes of this article, all Crocodilians, excluding American alligator, must be regulated. It is unlawful for any person to own, possess, use, transport or traffic in any Crocodilian that is not housed in a sturdy and secure enclosure. Permanent enclosures must be designed to be escape proof and have a fence of sufficient strength to prevent contact between an observer and the crocodilian, and must have an operable lock. Transport containers must be designed to be escape proof. A written safety protocol and escape recovery plan must be within sight of permanent housing and a copy must accompany the transport of any Crocodilian. If a Crocodilian escapes, the owner or possessor immediately shall notify local law enforcement.
Section 47-2-250. It is unlawful for a person to intentionally mishandle a reptile of a species named in this article in a way or manner that intentionally or negligently exposes another individual to unsafe contact with the reptile. It is also unlawful for a person to intentionally suggest, entice, invite, challenge, intimidate, exhort or otherwise induce or aid a person to handle or expose himself to a reptile of a species named in this article in a way or manner that intentionally or negligently exposes another individual to unsafe contact with the reptile. Safe and responsible handling of reptiles for purposes of animal husbandry, training, transport, exhibition and education is permitted.
Section 47-2-260. If a law enforcement officer or animal control officer has probable cause to believe that any of the provisions of this article have been violated, it is his duty to immediately investigate the violation or impending violation and to seize the reptiles involved, and the officer is authorized and directed to deliver the reptiles to the Department of Natural Resources or to its designated representative for examination for the purpose of ascertaining whether said reptiles are a venomous reptile, large constricting snake or crocodilian subject to this article. If the Department of Natural Resources finds that the reptile is a venomous reptile, large constricting snake or crocodilian subject to this article, the department or its designated representative shall be empowered to determine final disposition of the reptile in a manner consistent with the safety of the public. If the department or its designated representative find that the reptile is not a venomous reptile, large constricting snake or crocodilian subject to this article and either no criminal warrants or indictments are initiated in connection with the reptile within ten days of initial seizure, or a court of law determines that the reptile is not being owned, possessed, used, transported or trafficked in violation of this article, then it is the duty of the officer to return the reptile to the person from whom it was seized within five days.
Section 47-2-270. If the examination made by the Department of Natural Resources shows that the reptile is a venomous reptile, large constricting snake or crocodilian it is the duty of the officer making the seizure with probable cause to believe that the reptile is being owned, possessed, used, transported or trafficked in violation of this article in addition to authorizing the Department of Natural Resources or its designated representative to determine final disposition of the reptile, also to arrest all persons violating any of the provisions of this article.
Section 47-2-280. This article shall not apply to the possession, exhibition, or handling of reptiles by employees or agents of museums, laboratories, educational or scientific institutions, public or private, in the course of their educational or scientific work.
Section 47-2-290. (A) Any person violating any of the provisions of this article is guilty of a misdemeanor and, upon conviction must be fined not more than five thousand dollars, or imprisoned not more than three years.
(B) If a person other than the owner of the venomous reptile, large constricting snake or crocodilian or the owners agent, suffers a life threatening injury or is killed as the result of a violation of this article, the owner is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars, or imprisoned not more than three years.
(C) Any person intentionally releasing into the wild a nonnative venomous reptile, a large constricting snake, or a crocodilian is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars, or imprisoned not more than three years."
SECTION 2. A municipality or county may adopt an ordinance that regulates the possession of exotic animals which is more restrictive than the provisions contained in this act.
SECTION 3. This act takes effect July 1, 2012.
In the bill there is a provision that allows one's animals to be seized without due process, so this could be at the discretion of DNR or other law enforcement. " Section 47-2-140. (A) An exotic animal may be immediately confiscated by the department if the:
(1) possessor does not have a personal possession permit issued pursuant to this chapter;
(2) possessor does not secure the liability insurance coverage required in Section 47-2-100;
(3) provisions of Section 47-2-100 are not being met;
(4) conditions under which the exotic animal is kept are directly or indirectly dangerous to human health and safety."
As a South Carolinian who is politically involved and possibly running for the General Assembly, I will do everything in my power the stop this bill.
It will destroy businesses and addresses a nonexistent problem in SC.
-Peter vonLehe Ruegner
Section 47-2-20. As used in this chapter:
(1) 'Department' means the Department of Natural Resources.
(2) 'Exotic animal' means those species of animals that are inherently dangerous to humans. Exotic animals include, but are not limited to, the following orders and families, whether bred in the wild or in captivity, and any or all hybrids. The animals listed in parentheses are intended to act as examples and are not to be construed as an exhaustive list or limit the generality of each group of animals, unless otherwise specified:
(a) class mammalia:
(i) order artiodactyla (hippopotamuses, giraffes, camels, and deer but not cattle, swine, sheep, or goats);
(ii) order carnivora:
A. family felidae (lions, tigers, cougars, leopards, ocelots, and servals but not domestic cats);
B. family canidae (wolves, coyotes, foxes, and jackals but not domestic dogs);
C. family ursidae (all bears);
D. family mustelidae (martins and minks but not ferrets, weasels, or skunks);
E. family procyonidae (raccoons and coatis);
F. family hyaenidae (hyenas);
G. family viverridae (civets, genets, and mongooses);
(iii) order edentatia (anteaters, armadillos, and sloths);
(iv) order marsupialia (opossums, kangaroos, and wallabies but not sugar gliders);
(v) order perissodactyla (rhinoceroses and tapirs but not horses, donkeys, or mules);
(vi) order primates (lemurs, monkeys, chimpanzees, and gorillas);
(vii) order proboscidae (elephants);
(viii) order rodentia (beavers and porcupines but not guinea pigs, squirrels, rats, mice, gerbils, or hamsters);
(b) All species listed under the Federal Endangered Species Act as threatened or endangered are considered exotic animals.
(c) Species not listed may be declared as exotic animals by the department if the confinement of the animal within the State can be shown to constitute a threat to public health and safety.
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