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Bill 4829

                    Current Status

Bill Number:                      4829
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020228
Primary Sponsor:                  Limehouse
All Sponsors:                     Limehouse and Scarborough
Drafted Document Number:          l:\council\bills\swb\5159djc02.doc
Residing Body:                    House
Current Committee:                Agriculture, Natural Resources and 
                                  Environmental Affairs Com 20 HANR
Subject:                          Turtle excluder devices, size of escape 
                                  openings increased


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20020228  Introduced, read first time,           20 HANR
                  referred to Committee


              Versions of This Bill

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:

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 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 subsection (A), 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."

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

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