South Carolina General Assembly
114th Session, 2001-2002

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Bill 1061


                    Current Status

Bill Number:                      1061
Ratification Number:              321
Act Number:                       260
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20020227
Primary Sponsor:                  Ravenel
All Sponsors:                     Ravenel, Hutto, McConnell and Giese
Drafted Document Number:          l:\council\bills\swb\5160djc02.doc
Date Bill Passed both Bodies:     20020510
Date of Last Amendment:           20020313
Governor's Action:                S
Date of Governor's Action:        20020520
Subject:                          Turtle excluder devices, size of escape 
                                  openings increased


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20020603  Act No. A260
------  20020520  Signed by Governor
------  20020514  Ratified R321
House   20020510  Read third time, enrolled for
                  ratification
House   20020509  Read second time, unanimous consent
                  for third reading on the next
                  Legislative day
House   20020508  Committee report: Favorable            20 HANR
House   20020319  Introduced, read first time,           20 HANR
                  referred to Committee
Senate  20020313  Amended, read third time, 
                  sent to House
Senate  20020312  Read second time, notice of
                  general amendments
Senate  20020307  Committee report: Favorable            07 SFGF
Senate  20020227  Introduced, read first time,           07 SFGF
                  referred to Committee


              Versions of This Bill
Revised on March 7, 2002 - Word format
Revised on March 13, 2002 - Word format
Revised on May 8, 2002 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A260, R321, S1061)

AN ACT TO AMEND SECTION 50-5-765, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF TURTLE EXCLUDER DEVICES, SO AS TO PROVIDE THAT, UNTIL FEDERAL REGULATIONS ARE AMENDED TO INCREASE THE ESCAPE OPENINGS IN TURTLE EXCLUDER DEVICES TO A CERTAIN SIZE, EACH TRAWL NET USING A HARD TURTLE EXCLUDER DEVICE IN THE SALT WATERS OF THIS STATE MUST HAVE A TURTLE EXCLUDER DEVICE OPENING OF NOT LESS THAN THIRTY-FIVE INCHES IN TAUT HORIZONTAL LENGTH AND NOT LESS THAN TWENTY INCHES IN SIMULTANEOUS VERTICAL TAUT HEIGHT OR A FEDERALLY APPROVED LEATHERBACK OR DOUBLE COVER FLAP HARD TURTLE EXCLUDER DEVICE MODIFICATION.

Be it enacted by the General Assembly of the State of South Carolina:

Use of turtle excluder devices; size of openings; penalties

SECTION 1. Section 50-5-765 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

"Section 50-5-765. (A) Except as provided in this section, a turtle excluder device must be used in trawl nets in the salt waters of this State under the same conditions required by federal regulations.

(B) Until the federal regulations are amended to require turtle excluder device escape openings having dimensions equal to or greater than those required in item (1) of this subsection, each trawl net using a hard turtle excluder device in the salt waters of this State:

(1) must have a turtle excluder device escape opening of no less than thirty-five inches in taut horizontal length and no less than twenty inches in simultaneous vertical taut height, or

(2) must have a federally approved leatherback or double cover flap hard turtle excluder device modification.

(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days, and any such net is contraband."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 14th day of May, 2002.

Approved the 20th day of May, 2002.

__________


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