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§ 4-1211. Revocation of authorization to catch striped bass or crabs

West's Annotated Code of MarylandNatural ResourcesEffective: July 1, 2011

West's Annotated Code of Maryland
Natural Resources
Title 4. Fish and Fisheries (Refs & Annos)
Subtitle 12. Penalties and Fines, Searches, Seizures and Forfeitures (Refs & Annos)
Effective: July 1, 2011
MD Code, Natural Resources, § 4-1211
§ 4-1211. Revocation of authorization to catch striped bass or crabs
Currentness
Penalty in addition to other penalties or fines
(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.
Hearing requirement
(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.
Judicial review of decision
(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.
Scope of revocation
(d) A person whose authorization has been revoked in accordance with this section may not engage or work in the fishery for which the authorization was revoked whether or not it requires the use of another authorization.

Credits

Added by Acts 2011, c. 505, § 1, eff. July 1, 2011; Acts 2011, c. 506, § 1, eff. July 1, 2011.
MD Code, Natural Resources, § 4-1211, MD NAT RES § 4-1211
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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