Md. Code Regs. 08.02.13.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 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.

Md. Code Regs. 08.02.13.02

Regulation .02A amended effective January 2, 2006 (32:26 Md. R. 1996)
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. 3/31/2014
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)