WILLIAM DONALD SCHAEFER, Governor                    Ch. 743

not convicted, the device, equipment, conveyance, or property
seized shall be released and returned to him.

(b) However, the device, equipment, conveyance, or property
may not be forfeited if the owner was not a consenting party or
privy to a violation.

5-213.

An item lost or abandoned within a State forest, park, or
wildlife management area and unclaimed for one year becomes the
property of the State, and the Secretary may dispose of the item
in the best interest of the State.

10-2A-07.

(a)  Any person who violates the provisions of § 10-2A-05,
or fails to procure any permit required by § 10-2A-05, or who
violates the terms of any permit shall be fined not more than
$1,000 or be imprisoned not more than one year, or both.

(b)  Any natural resource police officer or any law
enforcement officer may conduct searches as provided by law, and
execute a warrant to search for and seize any equipment, business
records, merchandise, wildlife, or plants taken, used, or
possessed in connection with a violation of any subsection. Any
natural resources police officer or law enforcement officer,
without a warrant, may arrest any person who the officer has
probable cause to believe is violating, in his presence or view,
this subtitle, any rule or regulation, or permit provided for by
this subtitle. Any natural resources police officer or law
enforcement officer who has made an arrest of a person in
connection with any violation may search the person, premises, or
business records at the time of arrest and may seize any
wildlife, plants, records, or property taken, or used in
connection with any violation.

(c)  Equipment, merchandise, wildlife, plants or records
seized under the provisions of subsection (b) shall be held by
any natural resources police officer or law enforcement officer
pending disposition of court proceedings, and thereafter shall be
forfeited to the State for destruction or disposition as the
Secretary may deem appropriate. Prior to forfeiture the Secretary
may direct the transfer of wildlife or plants so seized to a
qualified zoological, botanical, educational, or scientific
institution for safekeeping, costs to be assessable to the
defendant. The Secretary may issue rules and regulations to
implement this section.

10-624.

(a) In this section, "river" means the portion of the
Sassafras River and its tributaries lying east of a line drawn

- 3333 -