§ 50-15-10 — Definitions.

South Carolina § 50-15-10

• Jurisdiction: South Carolina
• Title 50: FISH, GAME AND WATERCRAFT
• Ch. 15: NONGAME AND ENDANGERED SPECIES

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As used in this article: (1) "Ecosystem" means a system of living organisms and their environment, each influencing the existence of the other and both necessary for the maintenance of life. (2) "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. The term shall also be deemed to include any species or subspecies of fish or wildlife appearing on 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. Section 17.11) as well as any species or subspecies of fish and wildlife appearing on the United States' List of Endangered Foreign Fish and Wildlife (Part 17 of Title 50 of the Code of Federal Regulations, Appendix A, 50 C.F.R. Section 17.11), as such list may be modified hereafter. (3) "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. The term includes the entire range of activities that constitute a modern scientific resource program including, but not limited to, research, census, law enforcement, habitat acquisition and improvement, and education. Also included within the term, when and where appropriate, is the periodic or total protection of species or populations as well as regulated taking. (4) "Nongame species" or "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. (5) "Optimum carrying capacity" means that point at which a given habitat can support healthy populations of wildlife species, having regard to the total ecosystem, without diminishing the ability of the habitat to continue that function. (6) "Person" means any individual, firm, corporation, association, or partnership. (7) "Take" means to harass, hunt, capture, or kill or attempt to harass, hunt, capture, or kill wildlife. (8) "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. (9) "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. (10) "Native" means any species or subspecies considered to be indigenous and naturally occurring in this State.

Legislative History

HISTORY: 1962 Code SECTION 28-726; 1974 (58) 2384; 1993 Act No. 181, SECTION 1264; former 1976 Code SECTION 50-15-20; 2014 Act No. 159 (S.714), SECTION 1, eff April 14, 2014; 2020 Act No. 177 (H.4831), SECTIONS 4.A, 4.B, eff September 28, 2020; 2022 Act No. 230 (H.3055), SECTION 2.K, eff June 17, 2022. Editor's Note Prior Laws: Former SECTION 50-12-10 was titled Short title, and had the following history: 1962 Code SECTION 28-725; 1974 (58) 2384; 1993 Act No. 181, SECTION 1264. Effect of Amendment 2014 Act No. 159, SECTION 1, substituted "article" for "chapter" in the introductory paragraph, and made other nonsubstantive changes. 2020 Act No. 177, SECTION 4.A., added (9) and (10). 2020 Act No. 177, SECTION 4.B., in (4), inserted "or 'nongame wildlife'". 2022 Act No. 230, SECTION 2.K, in (2)(e), in the second sentence, substituted "Appendix D, 50 C.F.R. Section 17.11" for "Appendix D" and "Appendix A, 50 C.F.R. Section 17.11" for "Appendix A".