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CHAPTER 123.
Department of Natural Resources
SECTION 151.
Regulations for Species or Subspecies of Non-game Wildlife.
SUBSECTION 1.
 Regulations for Spotted Turtle ( Clemmys guttata ).
123-151.1. Regulations for Spotted Turtle ( Clemmys guttata ).
A. Spotted Turtle Protection
1. A person shall not take, possess, transport, import, export, process, sell, purchase, offer for sale, trade, gift, barter, ship, or receive for shipment any spotted turtle (Clemmys guttata) without a permit from the Department.
B. Spotted Turtle Permits
1. No new permit for the possession of spotted turtles shall be issued by the Department unless for scientific and/or conservation purposes pursuant to Regulation 123-150, et seq. at the discretion of the Department.
2. Any person in possession of a Spotted Turtle Permit granted by the Department as of the adoption of this regulation has 90 days from the adoption of this regulation to register with the Department the current number of Spotted Turtles, both wild-caught and captive born, in their possession. Spotted turtles will be assigned a unique number and must be shell notched with the identification number provided by Department personnel.
a. Permit applicants will shell notch spotted turtles in their possession as prescribed by the Department with the Department issued identification numbers. Permit applicants must provide evidence of applied shell notches and signed affidavit confirming all individual turtles in their possession were shell notched as directed by the Department and that they understand the regulations as they pertain to spotted turtles. Upon completion, the Department will issue a permit for the registered spotted turtles.
3. Current permit holders as of the date of adoption of this regulation may not add additional spotted turtles to their collection or allow reproduction
4. Current permit holders' as of the date of adoption of this regulation permits are valid for five (5) years from the date of issue; however, upon completion and certification of marking, the Department will issue a new permit valid for 1 year. Subsequent permits will be valid for 1 year and may be renewed at the discretion of the Department.
5. The Department may set permit conditions consistent with the protection of spotted turtles. Permit conditions include but are not limited to:
a. Sale, purchase, trade, exchange, gift, or barter of any spotted turtles is prohibited.
b. No wild-caught spotted turtles may be collected.
c. All spotted turtles must be individually marked via shell notching with a unique identification number issued by the Department.
d. No unmarked spotted turtles may be possessed, unless covered by a scientific collection permit.
e. Reproduction of captive spotted turtles is prohibited unless authorized by the Department for scientific or conservation purposes. Offspring from unauthorized reproduction must be surrendered to the Department.
C. Permit Reporting Requirements
1. At the time of permit renewal, spotted turtle permit holders will report to the Department the number of wild-caught and captive-bred spotted turtles in their possession and provide evidence documenting the identification number indicated by shell notch.
2. Any death or disposition of a spotted turtle must be reported to the Department immediately.
D. The penalties for violation of this regulation are prescribed in Section 50-15-80. Each spotted turtle taken or possessed in violation of these regulations shall constitute a separate offense.
HISTORY: Added by State Register Volume 26, Issue No. 6, Part 2, eff June 28, 2002. Amended by State Register Volume 31, Issue No. 6, eff June 22, 2007; SCSR 45-5 Doc. No. 5007, eff May 28, 2021.
Editor's Note
See SCSR 44-11 Doc. No. 5014, effective October 19, 2020 for 90 days, which promulgated emergency amendments to SC ADC 123-151.1 and emergency regulations SC ADC 123-151.3 and 123-151.4, providing immediate protection for wild native reptiles and amphibians in light of the passage of recent reptile and amphibian legislation in Act 177, and providing legal means for the transfer of native turtles and the ability to exceed the statutory limits for scientific, zoological, conservation, and other special purposes.
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