Md. Code Regs. 08.03.14.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 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.

Md. Code Regs. 08.03.14.03

Regulation .03B amended effective October 3, 2011 (38:20 Md. R. 1201)
Regulation .03F amended effective April 5, 2010 (37:7 Md. R. 569)