2012 South Carolina Code of Laws
Title 50 - Fish, Game and Watercraft
Chapter 15 - NONGAME AND ENDANGERED SPECIES CONSERVATION ACT
Section 50-15-80 - Penalties; searches and seizures; power to arrest; disposition of confiscated property.

(A) A person who violates Section 50-15-30 or a person who fails to procure or violates the terms of a permit issued under the regulations is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days and ordered to pay restitution.

(B) A person who violates Section 50-15-40(c) or regulations promulgated pursuant to it or a person who fails to procure or violates the terms of a permit issued under Section 50-15-50(D) and (E) is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars or imprisoned not more than one year, or both.

(C) An enforcement officer employed and authorized by the department or a police officer of the State or a municipality or county within the State may conduct searches as provided by law and execute a warrant to search for and seize equipment, business records, merchandise, or wildlife taken, used, or possessed in connection with a violation of this chapter. The officer or agency, without a warrant, may arrest a person who the officer or agent has probable cause to believe is violating, in his presence or view, the chapter or a regulation or permit provided for by it. An officer or agent who has made an arrest of a person in connection with a violation may search the person or business records at the time of arrest and seize wildlife, records, or property taken or used in connection with the violation.

(D) Equipment, merchandise, wildlife, or records seized under subsection (C) must be held by an officer or agent of the department pending disposition of court proceedings and forfeited to the State for destruction or disposition as the board considers appropriate. Before forfeiture, the board may direct the transfer of wildlife seized to a qualified zoological, educational, or scientific institution for safekeeping. The costs of the transfer are assessable to the defendant. The department may promulgate regulations to implement this subsection.

HISTORY: 1962 Code Section 28-732; 1974 (58) 2384; 1985 Act No. 25, Section 1; 1993 Act No. 181, Section 1264; 1994 Act No. 386, Section 3; 2004 Act No. 246, Section 3; 2008 Act No. 179, Section 3, eff February 19, 2008.