Md. Code Regs. 08.02.13.07

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

Section 08.02.13.07 - Commercial Charter Boat and Fishing Guide License Suspension Schedule

A. A person guiding fishing parties in Maryland in any capacity shall be notified that their tidal fish license, authorization, or entitlement to guide fishing parties may be subject to suspension or revocation whenever that fishing guide has been convicted for violating any of the provisions described in Regulation .08D-J of this chapter.

B. Before the Department imposes a suspension or revocation under this regulation, an individual is entitled to a contested case hearing upon request in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland. The Department may agree to a period of suspension or revocation with a fishing guide before proceeding to a contested case hearing.

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. 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. Suspension and Revocation Schedule.

(1) The suspension and revocation schedule in §C(3) of this regulation establishes the maximum number of days that a fishing guide's tidal fish license, authorization, or entitlement to guide fishing parties 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 fishing guide's disciplinary record and the fishing guide'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 fishing guide 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 fishing guide who has been suspended three times within a 6-year period under Regulation .07 or .08 of this chapter may have their tidal fish license, authorization, or entitlement to guide fishing parties suspended for up to 5 years.

F. When a fishing guide's tidal fish license, authorization, or entitlement to guide fishing parties is suspended or revoked under Regulation .07 or .08 of this chapter, that fishing guide is not and may not be authorized to guide fishing parties or work for a guided fishing party during the suspension or revocation period.

G. 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 that person is resolved.

Md. Code Regs. 08.02.13.07

Regulation .07 adopted effective April 4, 2011 (38:7 Md. R. 429)
Regulation .07 amended effective March 31, 2014 (41:6 Md. R. 377)
Regulation .07B 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 .07B amended effective March 19, 2012 (39:5 Md. R. 381)
Regulation .07 amended effective 42:3 Md. R. 314, eff.2/16/2015