(A) On the basis of investigations on nongame wildlife provided for in § 50-15-20 and other available scientific and commercial data, and after consultation with other state agencies, appropriate federal agencies, and other interested persons and organizations, but not later than one year after July 2, 1974, the department shall by regulation propose a list of those species or subspecies of wildlife indigenous to the State which are determined to be endangered within this State, giving their common and scientific names by species and subspecies. Such regulation shall become effective sixty days after being proposed during which period public comment shall be solicited and received. The board may hold a public hearing if deemed appropriate. On the basis of public comments received or the testimony at any such hearing, the department may add to such proposed list additional species or subspecies which are determined to be endangered within the State or delete therefrom such species or subspecies which are determined not to be endangered within the State.

(B) The department shall conduct a review of the state list of endangered species within not more than two years from its effective date and every two years thereafter and may amend the list by such additions or deletions as are deemed appropriate. The department shall submit to the Governor a summary report of the data used in support of all amendments to the state list during the preceding biennium.

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Terms Used In South Carolina Code 50-15-30

  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • 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
  • Take: means to harass, hunt, capture, or kill or attempt to harass, hunt, capture, or kill wildlife. See South Carolina Code 50-15-10
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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) Except as otherwise provided in this article, it shall be unlawful for any person to take, possess, transport, export, process, sell or offer for sale, or ship, and for any common or contract carrier knowingly to transport or receive for shipment any species or subspecies of wildlife appearing on any of the following lists:

(1) the list of wildlife indigenous to the State determined to be endangered within the State pursuant to subsection (A);

(2) the United States’ List of Endangered Native Fish and Wildlife as it appears on July 2, 1974, (Part 17 of Title 50, Code of Federal Regulations, Appendix D, 50 C.F.R. § 17.11); and

(3) the United States’ List of Endangered Foreign Fish and Wildlife (Part 17 of Title 50, Code of Federal Regulations, Appendix A, 50 C.F.R. § 17.11), as such list may be modified hereafter; provided, that any species or subspecies of wildlife appearing on any of the foregoing lists which enters the State from another state or from a point outside the territorial limits of the United States and which is transported across the State destined for a point beyond the State may be so entered and transported without restriction in accordance with the terms of any federal permit or permit issued under the laws or regulations of another state.

(D) In the event the United States’ List of Endangered Native Fish and Wildlife is modified subsequent to July 2, 1974, by additions or deletions, such modifications whether or not involving species or subspecies indigenous to the State may be accepted as binding under subsection (C) if, after the type of scientific determination described in subsection (A), the department by regulation accepts such modification for the State. Any such regulation shall be effective upon promulgation.

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