(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in Chesterfield County" and was derived from 1962 Code Section 28-596.1; 1963 (53) 156; 1993 Act No. 181, Section 1263; repealed by 2012 Act No. 113, Section 4.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.
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