Commercial licenses suspension or revocation Comar 08.02.13.02
Gents, this section must be understood hand in hand with section 08.02.13.03 [ which awards the points].
08.02.13.02 Commercial License Suspension and Revocation.
.02 Commercial License Suspension and Revocation.
A. An individual shall be notified that the individualís 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 whenever the individual has been convicted of violations listed in Regulation .03 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, ß4-701, Annotated Code of Maryland.
C. The Department may agree to a period of suspension or revocation with an individual before proceeding to a contested case hearing.
D. Suspension and Revocation.
(1) The suspension and revocation schedule in ßD(3) of this regulation establishes the maximum number of days that an individualís 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 individualís disciplinary record and the individualís 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. [ see 08.02.13.03 ]
(3) An individual 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
(4) The Department shall administer the point system in order to:
(a) Deter future wrongdoing; and
(b) Conserve fisheries.
(5) Unless an individual has accumulated 35 points or more on their license, an individual who receives a third suspension 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.
E. General Prohibitions.
(1) If an individualís tidal fish license, authorization, or entitlement to engage in a particular activity or activities under a tidal fish license is suspended or revoked that individual 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 an individualís 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 individual 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 an individualís license, authorization, or entitlement to deal in seafood is suspended or revoked, that individual may not deal in seafood harvested by another individual whether or not the activity requires the use of another license, during the suspension or revocation period.
(4) An individual whose license has been revoked may not apply for a new license through the apprenticeship program or transfer or purchase a license until after the revocation period has expired.
first ; go to Main Comar site: http://www.dsd.state.md.us/comar ; second: select option 2 [choice 2];
third: fill in the section that we want to read. 8.02.13.02 and / or 8.02.13.03.
The .02 section specifies what shall happen for various levels of points. Example: if a commercial guy has 20 points...What penalties; suspensions are imposed.
The .03 section specifies the details of what points are "awarded" for what convictions. Example: 5 points are awarded for [4-1022] Illegally Using a Shinnecock Rake.
Comment: It appears that PBJ does not count as a conviction, for the purposes of this statute.
comment : Introduction:
There are eight "levels" of offenses listed, in the Maryland Natural Resources points system: [ .03 ]
tier I offenses are relatively minor offenses, and award five points, for each conviction.
The levels of offenses increase, [ with greater points awarded as you go up ] tier VI describes "30 point" offenses.
There are two "super duper violation" categories, which result in long term suspensions. [during the season ]
See the 08.02.13.03.J.(1) and J categories listed below:
08.02.13.03.J.(1) The unlawful harvest of oysters from a leased oyster bottom or from more than 150 feet within an oyster sanctuary, oyster reserve, or area closed to harvest by the Department of the Environment, when the area is designated and marked with buoys or other signage or the individual knew or should have known that the harvest of oysters from the area was
08.02.13.03.J.(2) A violation of a time restriction for the harvest or possession of oysters by more than 2 hours.
Having read this introduction, You are ready to see the actual Comar Law at: http://www.dsd.state.md.us/comar.
Last edited by TomGlenBurnie; 03-17-2012 at 12:52 PM.
Which is a good test case "Smith Striper Netter AA cty march 2012 "
This Smith is the shady side man who allegedly had six illegal rockfish, [ out of season] .
Mr smith [ and Mr tiedler ] is/are innocent until proven guilty.
There is another case in Dorchester, Tieder, Joshua Tyler, who allegedly had 14 bushels of illegal oysters.
Dorchestr 04/18/2012 Trial Time:01:30 PM Nat RES Trials
new thread " Dorchester NR Trial 4 18 2012.
Granger thinks that it is time to get frustrated. These guys just keep on going, and there appear to be a lot of them.
Ask not what the Bay can do for you:
....Ask what you can do for the Bay...