(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.

Terms Used In South Carolina Code 50-15-40

  • Captivity: means the condition in which an animal is contained in an enclosed cage, carrier, aquarium, or similar device, yard, or enclosure that prohibits the natural movement of the animal. See South Carolina Code 50-15-10
  • Department: means the South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
  • Endangered species: means any species or subspecies of wildlife whose prospects of survival or recruitment within the State are in jeopardy or are likely within the foreseeable future to become so due to any of the following factors:

    (a) the destruction, drastic modification, or severe curtailment of its habitat, or

    (b) its over-utilization for scientific, commercial, or sporting purposes, or

    (c) the effect on it of disease, pollution, or predation, or

    (d) other natural or manmade factors affecting its prospects of survival or recruitment within the State, or

    (e) any combination of the foregoing factors. See South Carolina Code 50-15-10
  • Fish: means finfish, shellfish including mollusks, crustaceans, horseshoe crabs, whelks (conchs), turtles, and terrapin or products thereof. See South Carolina Code 50-5-15
  • Management: means the collection and application of biological information for the purposes of increasing the number of individuals within species and populations of wildlife up to the optimum carrying capacity of their habitat and maintaining such levels. See South Carolina Code 50-15-10
  • Native: means any species or subspecies considered to be indigenous and naturally occurring in this State. See South Carolina Code 50-15-10
  • nongame wildlife: means any wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean, or other wild animal not otherwise legally classified by statute or regulation of this State as a game species. See South Carolina Code 50-15-10
  • Person: means any individual, firm, corporation, association, or partnership. See South Carolina Code 50-15-10
  • Wildlife: means any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, or other wild animal or any part, product, egg or offspring, or the dead body or parts thereof. See South Carolina Code 50-15-10

(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 § 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 § 50-15-20(A).