(A) On the basis of investigations on nongame wildlife provided for in Section 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.
(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); and
(3) the United States' List of Endangered Foreign Fish and Wildlife (Part 17 of Title 50, Code of Federal Regulations, Appendix A), 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.
HISTORY: 1962 Code Section 28-729; 1974 (58) 2384; 1993 Act No. 181, Section 1264; former 1976 Code Section 50-15-40; 2014 Act No. 159 (S.714), Section 1, eff April 14, 2014; 2020 Act No. 177 (H.4831), Section 5, eff September 28, 2020.
Effect of Amendment
2014 Act No. 159, Section 1, changed the paragraph designators to upper case; in subsection (A), substituted "50-15-20" for "50-15-30"; in subsection (C), substituted "article" for "chapter", and added a comma after "sale"; and in subsection (D), added a comma following "1974".
2020 Act No. 177, Section 5, in (B), in the first and second sentences, substituted "The department" for "The board".