(A) In addition to any specific penalty provided in this article, any fish or fishing device taken or found to be in possession of a person charged with a violation of this article must be seized. The fish must be sold in the same manner as provided by law for the sale of perishable items. If the person charged is convicted, the money received from the sale must be forwarded to the department and placed to the account of the "Fish and Wildlife Protection Fund" of the State Treasury. After conviction, the fishing devices must be sold at public auction. The sale of the fish and fishing devices must be conducted using the procedures as provided by law. If the person is acquitted, the devices must be returned to him along with any money that may have come from the sale of the fish.
(B) In addition to the specific penalties provided in this article and the penalties provided in subsection (A), the boat, motor, and fishing gear of a person who is charged with unlawfully using or having in possession a gill net or hoop net on any freshwater lake or reservoir of this State must be confiscated and sold at auction within this State after conviction using the procedure as provided by law. The money received from the sale must be forwarded to the department and placed in the account of the "Fish and Wildlife Protection Fund" of the State Treasury. If the person is acquitted, the boat, motor, and fishing gear must be returned to him. Upon conviction, the department shall suspend the person's license or privilege to fish in this State for a period of one year from the date of conviction.
(C) In addition to the specific penalties provided in this article, upon the conviction of a commercial freshwater fisherman of illegal possession of game fish or the sale or trafficking in game fish, the department shall suspend the person's license or privilege to fish in this State for a period of one year from the date of conviction.
HISTORY: 1981 Act No. 170, Section 1; 1982 Act No. 461, Sections 10, 11; 1993 Act No. 181, Section 1263; 1976 Code Section 50-13-1196; 2012 Act No. 114, Section 4, eff July 1, 2012.
Editor's Note
Prior Laws: Former Section 50-13-690 was entitled "Use of nets or other devices to take nongame fish from private ponds in Chesterfield County" and was derived from 1962 Code Section 28-596.1; 1963 (53) 156; 1993 Act No. 181, Section 1263; repealed by 2012 Act No. 113, Section 4.
Effect of Amendment
The 2012 amendment renumbered and rewrote the section.
Structure South Carolina Code of Laws
Title 50 - Fish, Game and Watercraft
Chapter 13 - Protection Of Fish
Section 50-13-5. Omitted by 2012 Act No. 113, Section 1, eff July 1, 2012.
Section 50-13-10. Definitions.
Section 50-13-11, 50-13-12. Omitted by 2012 Act No. 113, Section 1, eff July 1, 2012.
Section 50-13-20. Scope of chapter.
Section 50-13-25. Omitted by 2012 Act No. 113, Section 1, eff July 1, 2012.
Section 50-13-30. Penalties for violation of chapter.
Section 50-13-40. Consent to inspection of creels.
Section 50-13-50. Unlawful use or possession of fishing devices or gear designed to take fish.
Section 50-13-60. Unlawful possession of fish; penalties.
Section 50-13-65. Omitted by 2012 Act No. 113, Section 1, eff July 1, 2012.
Section 50-13-70. Closed season for the temporary protection of a species.
Section 50-13-80. Taking fish by snagging.
Section 50-13-90. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.
Section 50-13-100 to 50-13-120. Omitted by 2012 Act No. 113, Section 1, eff July 1, 2012.
Section 50-13-200. Permissible numbers of game fishing devices.
Section 50-13-210. Daily possession limits for game fish.
Section 50-13-220. Unlawful possession of crappie.
Section 50-13-221, 50-30-222. Omitted by 2012 Act No. 113, Section 2, eff July 1, 2012.
Section 50-13-230. Striped bass limits.
Section 50-13-235. Repealed by 2008 Act No. 237, Section 5, eff May 21, 2008.
Section 50-13-236 to 50-13-237. Omitted by 2012 Act No. 113, Section 1, eff July 1, 2012.
Section 50-13-240. Unlawful possession of largemouth bass.
Section 50-13-250. Unlawful possession of smallmouth bass.
Section 50-13-270. Season for unlawful possession of lure or bait in certain waters.
Section 50-13-271. Trout size and limits in Lake Jocassee.
Section 50-13-272. Regulations.
Section 50-13-280 to 50-13-285. Omitted by 2012 Act No. 113, Section 1, eff July 1, 2012.
Section 50-13-315. Traps; inspection.
Section 50-13-320. Traps and eel pots; crab pots; crayfish traps; minnow traps.
Section 50-13-325. Nongame gill nets; season; size and placement; sturgeon.
Section 50-13-335. Pump nets and skimbow nets.
Section 50-13-340. Minnow seine.
Section 50-13-350 to 50-13-370. Omitted by 2012 Act No. 113, Section 1, eff July 1, 2012.
Section 50-13-510. Unlawful taking of freshwater mussels.
Section 50-13-520. Unlawful taking of saltwater crabs.
Section 50-13-580. Omitted by 2012 Act No. 114, Section 2, eff July 1, 2012.
Section 50-13-610. Application of article.
Section 50-13-620. Floating markers for certain fishing devices; tags; penalty.
Section 50-13-625. Taking nongame fish with lawful devices.
Section 50-13-640. Possession of blue catfish.
Section 50-13-645. Taking limits of eels for recreational fisherman.
Section 50-13-650. Commercial trotlines.
Section 50-13-655. Set hooks placement and removal.
Section 50-13-660. Jug fishing devices.
Section 50-13-665. Bait which may be used with trotlines, set hooks, and jugs; penalties.
Section 50-13-670. Possession of game fish while possessing or using nongame devices prohibited.
Section 50-13-675. Nongame fishing devices or gear permitted in certain bodies of freshwater.
Section 50-13-680. Inspection; reports of sales volume; seizure.
Section 50-13-685. Penalties for violation of article; suspension of license, tags, or permits.
Section 50-13-980 to 50-13-1020. Repealed by 2008 Act No. 286, Section 11, eff June 11, 2008.
Section 50-13-1110 to 50-13-1126. Omitted by 2012 Act No. 114, Section 4, eff July 1, 2012.
Section 50-13-1130, 50-13-1135. Repealed by 2010 Act No. 200, Section 15, eff May 28, 2010.
Section 50-13-1145. Omitted by 2012 Act No. 114, Section 4, eff July 1, 2012.
Section 50-13-1150 to 50-13-1160. Repealed by 2010 Act No. 200, Section 15, eff May 28, 2010.
Section 50-13-1165 to 50-13-1199. Omitted by 2012 Act No. 114, Section 4, eff July 1, 2012.
Section 50-13-1220. Fishways in dams.
Section 50-13-1230. Construction of certain fishways or ladders.
Section 50-13-1240. Designation of fish sluices; obstruction of sluices constitutes public nuisance.
Section 50-13-1250. Fish sluices designated not more than once yearly.
Section 50-13-1260. Fish sluices not to be designated through certain dams.
Section 50-13-1410. Pollution of waters injuring fish and shellfish unlawful; enforcement.
Section 50-13-1430. Casting impurities in waters prohibited.
Section 50-13-1440. Using explosives to take fish unlawful.
Section 50-13-1450. Repealed by 2012 Act No. 114, Section 8, eff July 1, 2012.
Section 50-13-1460. Penalty for conviction of use of explosives to take fish.
Section 50-13-1470. Failure to report use of explosives to take fish.
Section 50-13-1480. Informers not subject to criminal prosecution or civil suit.
Section 50-13-1610. Sale or traffic in certain game fish unlawful; penalties.
Section 50-13-1615. Freshwater nongame fish sale requirements.
Section 50-13-1635. Release of aquatic species and nonindigenous fish into waters.
Section 50-13-1660 to 50-13-1760. Omitted by 2012 Act No. 114, Section 5, eff July 1, 2012.
Section 50-13-1920. Acquisition of land for fish hatcheries or nurseries, generally.
Section 50-13-1930. Omitted by 2012 Act No. 114, Section 6, eff July 1, 2012.
Section 50-13-1935. Fees charged for stocking fish in private water bodies and nonnavigable waters.
Section 50-13-1936. Fees for operation of Walhalla Fish Hatchery.
Section 50-13-1940. Permits to collect freshwater fish for scientific purposes.
Section 50-13-1950. Establishment of fish sanctuaries.
Section 50-13-1960. Designation and marking of fish sanctuaries in rivers and streams.
Section 50-13-1970 to 50-13-1980. Omitted by 2012 Act No. 114, Section 6, eff July 1, 2012.
Section 50-13-1995. Fish culture and scientific investigations by the federal government.
Section 50-13-2011. Repealed by 2014 Act No. 234, Section 2, eff June 2, 2014.
Section 50-13-2015. Fish sanctuary in St. Stephen Rediversion Canal.
Section 50-13-2016. Prohibition of herring fishing at St. Stephens Powerhouse.
Section 50-13-2020. Omitted by 2012 Act No. 114, Section 6, eff July 1, 2012.