Md. Code Regs. 08.02.13.02 - Commercial License Suspension and Revocation
A. A person shall be notified when their tidal
fish license, authorization, or entitlement to engage in a particular activity or
activities under a tidal fish license is or may be subject to suspension or
revocation.
B. Before the Department
imposes a suspension or revocation under this regulation, a person is entitled to a
contested case hearing upon request in accordance with Natural Resources Article,
§
4-701, Annotated Code of
Maryland.
C. The Department may enter
into a Consent Agreement for a period of suspension or revocation with a person who
waives their right to a contested case hearing.
D. Suspension and Revocation.
(1) The suspension and revocation schedule in
§D(3) of this regulation establishes the maximum number of days that a person's
tidal fish license, authorization, or entitlement to engage in a particular activity
or activities under a tidal fish license may be suspended or revoked through the
accumulation of points. A lesser penalty may be imposed at the Department's
discretion if the circumstances warrant it, to include consideration of the person's
disciplinary record and the person's agreement to comply with any conditions that
the Department may reasonably require.
(2) Points are assigned to convictions by tier
based on the severity of the violation.
(3) A person who in any 2-year period accumulates
the number of points provided below shall be penalized in accordance with the
following schedule:
Number of Points Accumulated in Any 2-Year Period | Maximum Period of Suspension or Revocation |
10 | 30-day suspension |
15 | 60-day suspension |
20 | 90-day suspension |
25 | 180-day suspension |
30 | 365-day suspension |
35 | Revocation |
(4) The
Department shall administer the point system in order to:
(a) Deter future wrongdoing; and
(b) Conserve fisheries.
(5) A person who receives a third suspension or
revocation within a 6-year period pursuant to any provisions of Regulation .02 or
.03 of this chapter is subject to an additional suspension of their tidal fish
license, authorization, or entitlement to engage in a particular activity or
activities under a tidal fish license for a period not to exceed 5 years.
(6) When a person accumulates 25 points or more,
is eligible for suspension for at least 180 days, or is eligible for revocation, for
a commercial fishing violation, the Department may prohibit that person from
transferring or obtaining a tidal fish license or authorization before any
suspension or revocation is imposed.
(7)
A lesser penalty may be imposed at the Department's discretion, including
consideration of the person's disciplinary record, an agreement to comply with any
conditions that the Department may reasonably require, and any other mitigating
circumstances.
E. General
Prohibitions.
(1) If a person's tidal fish
license, authorization, or entitlement to engage in a particular activity or
activities under a tidal fish license is suspended or revoked that person is not and
may not be authorized to engage or work in the fishery or fisheries for which the
license, authorization, or entitlement was suspended or revoked whether or not the
activity or activities require the use of another license, during the suspension or
revocation period.
(2) When a person's
tidal fish license, authorization, or entitlement to engage in a particular activity
or activities under a tidal fish license is suspended or revoked, the Department may
prohibit that person from engaging in any commercial fishing activities whether or
not the activities require the use of another license, during the suspension or
revocation period.
(3) Unless authorized
by Natural Resources Article, §
4-702, Annotated Code of
Maryland, if a person's license, authorization, or entitlement to deal in seafood is
suspended or revoked, that person may not deal in seafood harvested by another
person whether or not the activity requires the use of another license, during the
suspension or revocation period.
(4) A
person whose license has been suspended may not receive a tidal fish license in a
transfer or purchase a new tidal fish license until after the suspension period has
expired.
(5) The Department may withhold
approval of any change to a tidal fish license under Natural Resources Article,
§
4-701, Annotated Code of
Maryland, until a pending administrative action involving the licensee is
resolved.
Notes
Regulation .02D amended effective April 13, 1992 (19:7 Md. R. 744); February 14, 2005 (32:3 Md. R. 289); January 2, 2006 (32:26 Md. R. 1996); November 5, 2007 (34:22 Md. R. 1976); April 6, 2009 (36:7 Md. R. 521)
Regulation .02 amended effective April 4, 2011 (38:7 Md. R. 429); 40:7 Md. R. 609, eff. 4/15/2013 ; 41:6 Md. R. 377, eff.
Regulation .02B amended as an emergency provision effective July 2, 2011 (38:16 Md. R. 941); emergency status extended to June 20, 2012 (39:1 Md. R. 16); emergency status superceded March 19, 2012 (39:5 Md. R. 381)
Regulation .02B amended effective March 19, 2012 (39:5 Md. R. 381)
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.