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TO AMEND SECTION 50-5-2300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO HARVEST AND MARKET DIAMOND-BACKED TERRAPIN AND PENALTIES FOR VIOLATIONS, SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO GRANT PERMITS TO HARVEST AND MARKET DIAMOND-BACKED TERRAPIN AND PROVIDE THAT IT IS UNLAWFUL TO TAKE OR POSSESS DIAMOND-BACKED 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 50-5-2300 of the 1976 Code, as added by Act 245 of 2000, is amended to read:
"Section 50-5-2300. (A) The department may grant permits for the harvest and marketing of diamond-back terrapin and condition the permits to set seasons, size limits, bag limits, areas, fishing times, and equipment restrictions regarding the harvest of diamond-backed terrapin. It is unlawful to take or possess diamond-backed terrapin except in accordance with the permits granted by the department for a commercial 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 twenty-five 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.
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