Md. Code Regs. 08.02.13.09 - Revocation of a Striped Bass or Crab Authorization
A. Definitions.
(1) In this regulation, the following terms have
the meanings indicated.
(2) Terms
Defined.
(a) Egregious means an offense which
displays a wanton disregard for a requirement of the striped bass or crab
fishery.
(b) Knowingly means the
specific intent to violate a requirement of the striped bass or crab
fishery.
(c) Repeat means:
(i) Three or more offenses in the striped bass or
crab fishery on separate days in a single season;
(ii) A series of offenses in the striped bass or
crab fishery which are part of an ongoing scheme or conspiracy; or
(iii) A series of similar offenses committed over
any period of time which collectively display a wanton disregard for the
requirements of the striped bass or crab fishery.
B. Knowing, Egregious, and Repeat
Offenses.
(1) The Department may schedule a
hearing to revoke a person's commercial authorization to catch striped bass or crabs
from a person who knowingly commits an offense, commits an egregious offense, or
commits repeat offenses in the following categories:
(a) Using illegal gear;
(b) Harvesting during closed seasons;
(c) Harvesting from closed areas;
(d) Violating established harvest, catch, or size
limits; and
(e) Violating tagging and
reporting requirements.
(2)
When the Department seeks to revoke a person's commercial authorization for an
egregious offense, the presiding officer shall consider the person's history of
offenses in the striped bass or crab fishery, the amount of striped bass or crabs
unlawfully caught, and the following, as appropriate, to determine whether the
offense warrants revocation:
(a) The damage or
potential damage to natural resources associated with using illegal gear;
(b) Any facts which bear on the egregiousness of a
seasonal violation;
(c) The location of
a violation in a closed area;
(d) The
extent to which the person has exceeded permissible harvest, catch, or size limits;
or
(e) The extent of the tagging and
reporting violations.
(3) If,
after a hearing conducted in accordance with State Government Article, Title 10,
Subtitle 2, Annotated Code of Maryland, the presiding officer finds or concludes
that a person committed an egregious offense, committed repeat offenses, or
knowingly committed an offense described in §B(1) of this regulation, the
Department shall revoke that person's commercial authorization to catch striped bass
or crabs.
C. Operating During
a Suspension.
(1) The Department may schedule a
hearing to revoke a person's commercial authorization to catch striped bass or crabs
from a person who violates terms of a suspension as described in COMAR
08.02.13.02D.
(2) If, after a hearing conducted in
accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of
Maryland, the presiding officer finds or concludes that a person committed an
offense under §C(1) of this regulation, the Department shall revoke that
person's commercial authorization to catch striped bass or crabs.
Notes
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