Maryland § 4-1210

§ 4-1210.

    (a)    (1)    In addition to any other penalty or fine provided in this title, a person who holds an authorization to catch oysters under § 4–701 of this title and receives a citation for an offense listed under paragraph (2) of this subsection may, in accordance with this section, have the authorization:

            (i)    For a first violation, suspended for up to 5 years; and

            (ii)    For a second or subsequent violation, revoked.

        (2)    The following offenses, committed in violation of this title or of any regulation adopted under this title, are grounds for suspension or revocation of an authorization to catch oysters under this section:

            (i)    Taking oysters located more than 200 feet within a closed or prohibited area;

            (ii)    Taking oysters with gear that is prohibited in that area while more than 200 feet within the prohibited area;

            (iii)    Taking oysters outside of a time restriction for the harvest of oysters by more than 1 hour;

            (iv)    Taking oysters during closed seasons; and

            (v)    Taking oysters from a leased area by a person other than the leaseholder or the leaseholder’s designee.

    (b)    (1)    Before the suspension or revocation of an authorization to catch oysters 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 suspend or revoke the person’s authorization to catch oysters in accordance with subsection (a)(1) of this section.

    (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.

    (d)    A person whose authorization has been suspended or revoked in accordance with this section may not engage or work in the oyster fishery while suspended or revoked whether or not the work requires the use of another license.

    (e)    (1)    The Department may accept an application for and issue an oyster authorization to a person whose oyster authorization was revoked under this section before July 1, 2025, beginning 5 years after the date of revocation.

        (2)    The Department shall reinstate a person’s entitlement to engage or work in the oyster fishery for a person whose authorization to catch oysters was revoked under this section before July 1, 2025, beginning 5 years after the date of revocation.