Introduced by Reps. Altman, Mahaffey, Toole and Perry

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 2, 2006

H.4296

Introduced by Reps. Altman, Mahaffey, Toole and Perry

S. Printed 3/2/06--S.

Read the first time February 21, 2006.

THE COMMITTEE ON FISH, GAME AND FORESTRY

To whom was referred a Bill (H.4296) to amend Section 5052300, Code of Laws of South Carolina, 1976, relating to permits to harvest and market diamond-backed terrapin and penalties for violations, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

CHAUNCEY K. GREGORY for Committee.

[4296-1]

A BILL

TO AMEND SECTION 5052300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO HARVEST AND MARKET DIAMONDBACKED TERRAPIN AND PENALTIES FOR VIOLATIONS, SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO GRANT PERMITS TO HARVEST AND MARKET DIAMONDBACKED TERRAPIN AND PROVIDE THAT IT IS UNLAWFUL TO TAKE OR POSSESS DIAMONDBACKED TERRAPIN FOR A COMMERCIAL PURPOSE, AND TO REVISE PENALTIES FOR VIOLATIONS.

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

SECTION 1. Section 5052300 of the 1976 Code, as added by Act 245 of 2000, is amended to read:

“Section 5052300. (A) The department may grant permits for the harvest and marketing of diamondback terrapin and condition the permits to set seasons, size limits, bag limits, areas, fishing times, and equipment restrictions regarding the harvest of diamondbacked terrapin. It is unlawful to take or possess diamondbacked terrapin except in accordance with the permits granted by the department for a commercial purpose. A person may possess no more than two diamond-backed terrapin for a noncommercial purpose. Nothing in this section will prohibit prohibits the incidental take catch of terrapin by persons engaged in another a lawful fishery during the closed season when the terrapin are returned immediately to the water.

(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twentyfive one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Each terrapin taken or possessed in violation of this section constitutes a separate offense.”

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

[4296] 1