(A) It is unlawful to use channel nets in the salt waters of this State, except in areas designated by the department.
(B) The following apply to use of channel nets:
(1) A functional soft or hard Turtle Excluder Device (TED) must be correctly installed in any channel net used in the waters of this State, except in areas specifically exempted in this section.
(2) A soft TED must be constructed and installed so as to conform to the specifications of the National Marine Fisheries Service for soft TED's.
(3) A hard TED must conform to the following specifications:
(a) the TED must be a single, rigid, oval deflector grid which is made of steel rod or pipe not less than one-third inch diameter, aluminum rod or pipe not less than one-half inch diameter, or fiberglass rod of comparable strength;
(b) the TED must be installed so that it is at a thirty to forty-five degree angle from the horizontal when in use;
(c) the minimum inside diameter may not be less than thirty inches;
(d) the minimum (slit) escape opening is thirty-five inches;
(e) the maximum spacing between the bars is four inches; there is no minimum spacing;
(f) all "hard" TEDs must be top exiting only;
(g) an optional, rectangular flap may be installed over the escape opening, provided it is attached only on its forward edge, does not extend more than four inches aft of the escape opening, is no wider than thirty-six inches, and the mesh size is no larger than two inches stretch.
(4) Turtle Excluder Devices are not required in channel nets used east of a line in Winyah Bay from the front range on Big Marsh Island, running southeast to day marker No. 18, thence running south southeast to red Nun Buoy No. 16. Any channel net used west of this line must use an approved Turtle Excluder Device. Turtle Excluder Devices are not required in channel nets used in North Santee Bay. However, the department may require TEDs in additional or all open areas if a significant threat to sea turtles is determined.
(5) A sea turtle accidentally taken must be released immediately unless it is apparent that resuscitation is required. If resuscitation is required, the fisherman must retain the turtle until the turtle has recovered sufficiently and is capable of swimming.
(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.
HISTORY: 2000 Act No. 245, Section 3; 2002 Act No. 342, Section 21.