South Carolina General Assembly
114th Session, 2001-2002

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Bill 1061

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Indicates Matter Stricken

Indicates New Matter

AS PASSED BY THE SENATE

March 13, 2002

    S. 1061

Introduced by Senators Ravenel, Hutto, McConnell and Giese

S. Printed 3/13/02--S.

Read the first time February 27, 2002.

            

A 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.

    Amend Title To Conform

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 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."

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

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