Can you legally shoot an emu or monkey in SC? What law says about killing exotic animals
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After reports about monkeys and emus roaming freely around South Carolina, someone reportedly shot one of the large birds last week.
And if they did, it’s unclear whether someone would be reprimanded for killing a loose, exotic animal as it sits in a legal gray area.
South Carolina Department of Natural Resources spokesperson Greg Lucas told The Sun News over text that he’s not sure as it would depend on Horry County regulations.
Horry County spokesperson Mikayla Moskov said over text the question would be under the SCDNR’s purview as Horry County does not usually handle “large, non-domestic animals.”
South Carolina law does not explicitly say if it’s legal or illegal to shoot an emu or a monkey, but there are certain laws to take into consideration.
The first week of November, over 40 monkeys escaped from a research facility in Beaufort County, South Carolina, The Island Packet reported. As of Nov. 13, a majority of the monkeys have been caught and returned.
First, the South Carolina Department of Natural Resources says people are not allowed to hunt non-game birds. Game birds include turkeys, quail and waterfowl, such as ducks. The SCDNR does not explicitly list emus as a non-game bird, but it can be assumed to be one.
As for monkeys, the closest category would be small game. There is no mention about monkey season or regulations around hunting them, so it doesn’t appear legal or illegal.
Where a person shot the exotic animal also impacts the legality. Legally, it might be OK if someone killed the animal on private property. It’s illegal to hunt from the side of a public road unless the hunter has permission to use the adjacent property.
People can hunt in Wildlife Management Areas, but only with a permit to do so, according to the SCDNR.
Apart from hunting laws, animal cruelty laws could make it illegal to shoot an emu. South Carolina law states a person cannot inflict “unnecessary pain and suffering” or “cruelly” kill an animal.
Targeting a free-roaming emu or monkey, which would clearly be a pet, may be considered harming or cruelly killing the animal.
Depending on the action, this could be counted as a misdemeanor or a felony.