WILLIAM DONALD SCHAEFER, Governor Ch. 137
10-1106.

(a)  A natural resources police officer or any law
enforcement officer, upon arresting any person for violating any
provision of this title or any rule or regulation promulgated
pursuant to it, may seize any device, equipment, conveyance, or
property unlawfully used. If the owner or person in charge of the
seized device, equipment, conveyance, or property is convicted,
the court may declare the device, equipment, conveyance, or
property forfeited, in addition to any other penalty provided in
this title. Any forfeiture becomes the property of the Department
for disposition at its discretion. If the owner is not known, the
court may proceed ex parte to hear and determine any question of
forfeiture. If the owner or person charged with the violation is
not convicted, the device, equipment, conveyance, or property
seized shall be released and returned to him.

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

10-1107.

(a)  If a person is convicted of violating any provision of
this title and the violation causes or results in the injury,
death, or destruction of any wildlife, including a protected
species of animal, in addition to any other penalty provided in
this title, the court may order the person to pay restitution to
the State for the resource value of the wildlife, as determined
by the court, taking into account regulations adopted by the
Department under subsection (b) of this section.

(b)  The Department shall, by regulation, establish a
schedule of resource values for individual species or describe a
system that a court may use in determining the resource value for
the species. The Department may use, but not be limited to,
known values to actually replace lost species or the Department
may ascribe to a species a value which the individual wildlife or
plant provides to the greater public good for the citizens of
Maryland.

(c)  (1) If 2 or more defendants are convicted for the same
violation causing or resulting in the injury, death, or
destruction of protected species of animal, the court may impose
restitution against them jointly and equally.

(2)  Restitution under this section shall be paid
within the time prescribed by the court.

(3)  In each instance, the court shall order the
person to pay the restitution to the State of Maryland. Moneys
paid under this section shall be credited to the Department of
Natural Resources to be used only for the replacement, habitat

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