§ 4-1210. Oyster poaching

   (a) Revocation of license. --

   (1) In addition to any other penalty or fine provided in this title, a person who holds a license 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 license 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 a license 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) Hearing. --

   (1) Within 60 days after a person who holds a license to catch oysters under § 4-701 of this title receives a citation for an offense listed under subsection (a) of 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 revoke the person's license to catch oysters.

(c) Judicial review. -- 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) Engaging in other fishery work prohibited. -- A person whose license has been revoked in accordance with this section may not engage or work in the fishery for which the license was revoked whether or not it requires the use of another license.

HISTORY: 2011, chs. 427, 428.