Notwithstanding any other provision of law, all shellfish involved in any violation of law, including any regulation, regarding shellfish may be confiscated and disposed of at the discretion of the arresting officer. Any person convicted of a second offense of harvesting shellfish in any polluted area shall, upon such conviction, be fined not less than two hundred dollars and not more than five hundred dollars or imprisoned for not less than thirty days and not more than sixty days. Any person convicted of a third or subsequent offense of harvesting shellfish in any polluted area shall, upon such conviction, be fined not less than five hundred dollars and not more than one thousand or imprisoned for not less than sixty days and not more than ninety days. All equipment, including, but not limited to, vehicles, boats, motors, trailers, harvesting equipment, weapons, spotlights, bags, boxes, or tools, used or in any other manner involved in a first offense of harvesting shellfish in any polluted area may be impounded at the discretion of the arresting officer. The equipment impounded shall be delivered to the sheriff of the county in which the arrest was made and shall be retained by the sheriff. Such equipment may not be returned to the owner until the case has been finally disposed of. All equipment, including, but not limited to, vehicles, boats, motors, trailers, harvesting equipment, weapons, spotlights, bags, boxes, or tools, used or in any other manner involved in a second, third, or subsequent offense of harvesting shellfish in any polluted area shall be confiscated. All such confiscated equipment shall be sold at auction by the sheriff of the county in which such second, third, or subsequent offense took place and by a representative of the State Department of Health and Environmental Control, except for weapons, which, following confiscation, shall be disposed of in the manner set forth in Sections 16-23-50, 16-23-460, and 16-23-500.
HISTORY: 1983 Act No. 144 Section 2.
Structure South Carolina Code of Laws
Chapter 1 - Department Of Health And Environmental Control
Section 44-1-30. Meetings of Board; compensation of members.
Section 44-1-40. Selection, term,and salary of director.
Section 44-1-50. Administrative reviews; power to organize department.
Section 44-1-60. Appeals from department decisions giving rise to contested case; procedures.
Section 44-1-65. Appeals of department permitting decisions for animal facilities; procedures.
Section 44-1-70. Rules and regulations of board must be approved by General Assembly.
Section 44-1-80. Duties and powers of board as to communicable or epidemic diseases.
Section 44-1-90. Board shall advise municipal and county authorities.
Section 44-1-100. Assistance from peace and health officers.
Section 44-1-110. Duties of department in regard to public health, in general.
Section 44-1-130. Department may establish health districts and district advisory boards of health.
Section 44-1-140. Department may promulgate and enforce rules and regulations for public health.
Section 44-1-143. Requirements for home-based food production operations.
Section 44-1-145. Minimum cooking temperature for ground beef; exceptions.
Section 44-1-150. Penalty for violating rules of department.
Section 44-1-151. Penalties for violations involving shellfish.
Section 44-1-160. Prosecution of nuisance not affected by rule-making power of department.
Section 44-1-170. Department shall supervise local boards of health.
Section 44-1-180. Department may establish charges for health care.
Section 44-1-200. Department may provide home health services.
Section 44-1-210. Disposition of moneys collected.
Section 44-1-215. Retaining certain funds.
Section 44-1-280. Coordination with First Steps to School Readiness initiative.
Section 44-1-290. Supplier of effluent for irrigation as public utility.
Section 44-1-310. Maternal Morbidity and Mortality Review Committee.
Section 44-1-315. Environmental permits and permittees; boundary clarification.