Md. Code Regs. 08.03.14.03 - Qualifications for Waterfowl Outfitter License
A. The Service may not issue a waterfowl outfitter
license if the applicant does not meet the qualifications of this
regulation.
B. A waterfowl outfitter
licensee shall meet the following qualifications:
(1) Be 18 years old or older;
(2) Possess a valid Maryland hunting license;
and
(3) Have one of following sources of
experience:
(a) Previously licensed by the Service
as a master hunting guide; or
(b)
Previously employed by a licensed waterfowl outfitter, for two seasons, as a
waterfowl hunting guide licensed by the Service.
C. The Service shall review each license
application to determine if, within the prior 3 year period, the applicant has been
convicted of violating state or federal migratory game bird laws or regulations
pertaining to:
(1) Hunting with the aid of
bait;
(2) Exceeding the daily bag
limit;
(3) Hunting with the aid of live
decoys;
(4) Violation of shooting
hours;
(5) Hunting during a closed
season; or
(6) Waterfowl outfitting and
guiding.
D. If, upon the
review specified in §C of this regulation, the Service determines that the
applicant has two or more convictions that arise out of a separate set of
circumstances, the applicant shall be denied issuance of a license for a period of 1
year. The period of denial shall begin on August 1 following the date the applicant
is convicted for the second violation. Following the 1-year period of denial, the
applicant shall serve a 3-year probationary period during which any additional
conviction for violating the laws or regulations listed in §A of this
regulation shall result in an additional 1 year period of denial, starting on August
1, following the date of conviction. The applicant shall remain on probation until
there are no convictions for violating the laws or regulations listed in §A of
this regulation for a period of 3 years.
E. A waterfowl outfitter license may not be issued
if the applicant has been convicted at any time of fraud, deception, or material
misrepresentation in procuring any previous master hunting guide, waterfowl
outfitter, waterfowl hunting guide, or hunting license.
F. If an application for a waterfowl outfitter
license is denied, the Service shall send the applicant a notice of the grounds upon
which the denial is based. An individual who has received a notice that the Service
has denied or refused an individual's application may file, within 21 days after the
notice was mailed, a letter to the Director of the Service requesting a contested
case hearing. Upon receipt of the letter, the Service shall schedule a contested
case hearing before the Office of Administrative Hearings in accordance with the
procedures of the Administrative Procedures Act, State Government Article, Title 10,
Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.
Notes
Regulation .03F amended effective April 5, 2010 (37:7 Md. R. 569)
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