§ 4-11A-16. Miscellaneous prohibitions on aquaculture or submerged land lease area

   (a) Catching, destroying, or transferring oysters on aquaculture or submerged land lease area. --

   (1) A person, other than the leaseholder, may not willfully and without authority catch oysters on any aquaculture or submerged land lease area, or willfully destroy or transfer oysters on this land in any manner.

   (2) The Department shall request the office of the local State's Attorney or the Attorney General to bring a criminal action under § 7-104 of the Criminal Law Article against a person found to be in violation of this subsection provided that the leased area is designated and marked with buoys and other signage or the person knew or should have known that the harvest of oysters from the area was unlawful.

   (3) (i) On conviction of a person for a violation of this subsection, the Department may suspend all existing tidal fish licenses issued to that person for a period not to exceed:

         1. 1 year for a first conviction; or

         2. 2 years for a second or subsequent conviction.

      (ii) Before suspending any license under this section, the Department shall give the licensee written notice of the right to request a hearing.

      (iii) A licensee may request a hearing within 15 days from the date that the notice required by this section is mailed.

      (iv) The Department shall hold a hearing within 30 days of the date of the request and render a decision within 30 days of the hearing.

(b) Altering or destroying markers, shellfish, equipment, or structures. -- A person, other than a leaseholder, may not remove, alter, transfer, or destroy any marker, shellfish, equipment, or structures on any aquaculture or submerged land lease area.

(c) Use of State submerged land while in default prohibited. -- A person, other than an aquaculture or submerged land leaseholder, while he is in default in payment of any rent or fee, may not use for any purpose any submerged land of the State.

HISTORY: An. Code 1957, art. 66C, § 708; 1973, 1st Sp. Sess., ch. 4, § 1; 1978, ch. 366; 1985, ch. 622; 1988, ch. 534, § 1; ch. 634; 2002, ch. 213, § 6; 2009, chs. 173, 174; 2011, ch. 411, § 1.