Md. Code Regs. 08.02.13.07 - Commercial Charter Boat and Fishing Guide License Suspension Schedule
A. A person guiding
fishing parties in Maryland in any capacity shall be notified that their tidal fish
license, authorization, or entitlement to guide fishing parties may be subject to
suspension or revocation whenever that fishing guide has been convicted for
violating any of the provisions described in Regulation .08D-J of this
chapter.
B. Before the Department
imposes a suspension or revocation under this regulation, an individual is entitled
to a contested case hearing upon request in accordance with Natural Resources
Article, §
4-701, Annotated Code of
Maryland. The Department may agree to a period of suspension or revocation with a
fishing guide before proceeding to a contested case hearing.
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. 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. Suspension and
Revocation Schedule.
(1) The suspension and
revocation schedule in §C(3) of this regulation establishes the maximum number
of days that a fishing guide's tidal fish license, authorization, or entitlement to
guide fishing parties 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 fishing guide's
disciplinary record and the fishing guide'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 fishing guide 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 fishing guide who has been suspended three
times within a 6-year period under Regulation .07 or .08 of this chapter may have
their tidal fish license, authorization, or entitlement to guide fishing parties
suspended for up to 5 years.
F. When a fishing guide's tidal fish license,
authorization, or entitlement to guide fishing parties is suspended or revoked under
Regulation .07 or .08 of this chapter, that fishing guide is not and may not be
authorized to guide fishing parties or work for a guided fishing party during the
suspension or revocation period.
G. 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 that person is
resolved.
Notes
Regulation .07 amended effective March 31, 2014 (41:6 Md. R. 377)
Regulation .07B 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 .07B amended effective March 19, 2012 (39:5 Md. R. 381)
Regulation .07 amended effective 42:3 Md. R. 314, eff.
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