§ 50-5-65 — Seizure and disposition of contraband; separate offense defined.

South Carolina § 50-5-65

• Jurisdiction: South Carolina
• Title 50: FISH, GAME AND WATERCRAFT
• Ch. 5: MARINE RESOURCES ACT

Text

(A) Any fish or fishery product taken or possessed in violation of any provision of this chapter is contraband and may be seized along with its container and disposed of according to law. (B) Any perishable item seized, the sale of which is illegal per se, may be donated by the department to a nonprofit entity, in the discretion of the department, or destroyed provided that any perishable item, the sale of which is illegal only because of the place or manner or method in which or by which it was taken must be sold, donated, or destroyed. The proceeds of any perishable item sold must be retained until final adjudication of the case. Any proceeds of the sale must be returned to the defendant in the event of a verdict of not guilty. (C) Living contraband taken in this State may be returned by the department to the water. (D) Nonperishable items may be retained by the department for use by the department or disposed of according to law. Nonperishable items which are illegal to use or which have no commercial value must be destroyed. (E) Neither an item of contraband nor the value of an item of contraband may inure to the benefit of any employee of the department. (F) Each fish, dozen of crabs, bushel of oysters, one-half bushel of clams, quart of shrimp, or pound of other saltwater fishery product, or fraction or part thereof taken, possessed, purchased, sold, or offered for sale in violation of this chapter is a separate offense.

Legislative History

HISTORY: 2000 Act No. 245, SECTION 1; 2002 Act No. 342, SECTIONS 5, 49.