§ 4-1211

Maryland § 4-1211

• Jurisdiction: Maryland
• Article gnr: Natural Resources
• Title: 4

Text

(a) (1) In addition to any other penalty or fine provided in this title, a person who is authorized to catch striped bass or crabs under § 4–701 of this title and who commits an offense established under paragraph (2) of this subsection may have the authorization to catch striped bass or crabs revoked in accordance with this section.

(2) The Department, in consultation with the Tidal Fisheries Advisory Commission and the Sport Fisheries Advisory Commission, shall adopt regulations that establish grounds for the revocation of an authorization to catch striped bass or crabs under § 4–701 of this title, which shall include egregious or repeat violations in the following categories:

(i) Using illegal gear;

(ii) Harvesting during closed seasons;

(iii) Harvesting from a closed area;

(iv) Violating established harvest, catch, or size limits; and

(v) Violating tagging and reporting requirements.

(b) (1) Before the revocation of an authorization to catch striped bass or crabs under this section, the Department shall hold a hearing on the matter in accordance with the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article.

(2) After a hearing is conducted under paragraph (1) of this subsection, if the presiding officer finds or concludes that the person knowingly has committed an offense listed under subsection (a)(2) of this section, the Department shall revoke the person’s authorization to catch striped bass or crabs.

(c) A person who is aggrieved by the final decision of the Department may obtain judicial review of the decision in accordance with the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article.

(d) A person whose authorization has been revoked in accordance with this section may not engage or work in the fishery for which the authorization was revoked whether or not it requires the use of another authorization.