South Carolina Code 50-13-695. Unlawful use of nongame fishing devices owned and tagged by another person; penalties for stealing or tampering with nongame fishing device
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(A) Except for department personnel in their official capacity, it is unlawful for a person to fish, inspect, or use in any manner nongame fishing devices owned and tagged by another person or to remove any fish from a device unless under the immediate supervision of the owner. A person found guilty of a violation of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for up to thirty days, or both.
(B) A person who steals any nongame fishing device or any fish in a device or who tampers with or damages a nongame fishing device or makes it ineffective for the purpose of taking fish is guilty of a misdemeanor and, upon conviction:
Terms Used In South Carolina Code 50-13-695
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
- Fish: means finfish, shellfish including mollusks, crustaceans, horseshoe crabs, whelks (conchs), turtles, and terrapin or products thereof. See South Carolina Code 50-5-15
- Fishing: means all activity and effort involved in taking or attempting to take fish. See South Carolina Code 50-5-15
- Owner: means a person, other than a lienholder, who claims lawful possession of a vessel or outboard motor by virtue of legal title or equitable interest in it which entitled him to possession. See South Carolina Code 50-21-10
- Person: means an individual, a partnership, a firm, a corporation, an association, or other legal entity. See South Carolina Code 50-21-10
- Use: means operate, navigate, or employ. See South Carolina Code 50-21-10
(1) for tampering with or damaging or making ineffective a device, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days; and
(2) for stealing a device or fish caught in the device, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than six months, or both.