(A) A person or public or private entity is liable to the State for the unlawful gross destruction of or injury to wildlife, aquatic life, endangered or threatened species, or the lands or waters owned by the State. For a deliberate or grossly negligent act, the State must be awarded damages of three times the value of the resource affected, plus costs, including attorney's fees. Monies paid in satisfaction of these claims must be used to restore, replenish, or enhance wildlife, aquatic life, endangered or threatened species, or the lands or waters owned by the State. For purposes of this section, the injury or damages must be caused by other than pollution.
(B) The department is the agency primarily responsible for the enforcement and implementation of this section. Other state agencies and governmental entities shall cooperate with the department in an effort to investigate the causes of the destruction or injury and shall assist in collecting the appropriate damages.
(C) This section does not apply to ordinary agricultural practices.
HISTORY: 1992 Act No. 397, Section 1; 1993 Act No. 181, Section 1257.
Structure South Carolina Code of Laws
Title 50 - Fish, Game and Watercraft
Chapter 1 - General Provisions
Section 50-1-10. Wild birds, wild game, and fish are property of State.
Section 50-1-20. "Hunters" and "hunting" defined.
Section 50-1-30. Classifications of birds, animals, and fish.
Section 50-1-40. Stocked or released exotic game birds.
Section 50-1-50. Geographic boundaries for certain bodies of water.
Section 50-1-60. Division of State into game zones.
Section 50-1-70. Application of game laws to zones.
Section 50-1-80. Peace officers to assist in enforcement of game and fish laws.
Section 50-1-90. Hunting, fishing, or trapping without consent on lands of others; penalties.
Section 50-1-100. Repealed by 2010 Act No. 200, Section 15, eff May 28, 2010.
Section 50-1-110. Disposition of game and fish unlawfully caught, taken, or killed.
Section 50-1-125. Wildlife defined; penalties for trafficking in wildlife.
Section 50-1-130. General penalties.
Section 50-1-136. Penalties for conspiracy.
Section 50-1-140. Receiving portion of fine imposed for violation of game and fish laws.
Section 50-1-160. Release of seized property to innocent owner or lienholder.
Section 50-1-180. Consent of General Assembly to Congressional rulemaking.
Section 50-1-190. Agreements with United States respecting wildlife of national forest lands.
Section 50-1-200. Powers of department over national forest lands.
Section 50-1-210. Violation of department rules pertaining to national forest lands.
Section 50-1-220. Application of Sections 50-1-180 to 50-1-220 to other federal or state lands.
Section 50-1-250. Acquiring rights of way to certain waters for public use.
Section 50-1-260. Vandalizing property seized by department.
Section 50-1-280. Nongame Wildlife and Natural Areas Fund.
Section 50-1-285. Admissibility of photographs; authentication.
Section 50-1-290. Unlawful to buy, sell, or possess for sale protected native wildlife; penalty.
Section 50-1-295. Removing or defacing buoys marking areas or bottoms; penalty.