(A) Except as provided in this subsection it is unlawful to place or release intentionally any species imported from another state or jurisdiction into public waters in this State without a permit issued by the department. This section does not apply to the use of live bait. The department may grant permits at no cost to allow permitted aquaculturists to release aquacultured products into the public waters of this State as a part of a stocking program conducted or approved by the department.

(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars and not more than five thousand dollars or imprisoned for not more than thirty days. In addition to any penalty the presiding magistrate may order restitution to the department.

Terms Used In South Carolina Code 50-18-270

  • Conviction: A judgement of guilt against a criminal defendant.
  • Department: means the South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means an individual, firm, corporation, association, partnership, club, private body, or other entity. See South Carolina Code 50-18-210
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Use: means operate, navigate, or employ. See South Carolina Code 50-21-10

(C) A person who violates this section for a second or subsequent offense within three years of a first offense must be fined five thousand dollars, no part of which may be suspended, or imprisoned for up to one year, or both. In addition to any penalty the presiding judge may order restitution to the department.

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