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Statutes Text

Article - Natural Resources




§4–1210.    IN EFFECT

    (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 have the authorization revoked in accordance with this section.

        (2)    The following offenses, committed in violation of this title or of any regulation adopted under this title, are grounds for 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;

            (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)    (i)    Before the 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.

            (ii)    A hearing held under subparagraph (i) of this paragraph shall be held within 90 days after the cited individual commits the offense listed under subsection (a)(2) of this section.

        (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 oysters.

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    (d)    A person whose authorization has been revoked in accordance with this section may not engage or work in the oyster fishery whether or not it requires the use of another license.

    (e)    On or before December 31 each year, the Department shall report to the Senate Education, Health, and Environmental Affairs Committee and the House Environment and Transportation Committee, in accordance with § 2–1257 of the State Government Article, on:

        (1)    The number of citations issued during the previous year for offenses listed under subsection (a) of this section; and

        (2)    The action taken or penalty imposed by the Department for each offense.



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