For the purpose of this title, each game bird or mammal taken illegally, purchased, offered for purchase, sold, bartered, or exchanged in excess of the bag limit or possessed illegally constitutes a separate offense. Any person who violates any provision of this title is guilty of a misdemeanor. Unless another penalty is specifically provided elsewhere in this title, the person, upon conviction, is subject to a fine not exceeding $1,500, with costs imposed in the discretion of the court. Unless another penalty is specifically provided elsewhere in this title any person found guilty of a second or subsequent violation of any provision of this title, is subject to a fine not exceeding $4,000, or imprisonment not exceeding 1 year, or both, with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is a violation which has occurred within 2 years of any prior violation of this title and which arises out of a separate set of circumstances. In addition to any administrative penalty provided in this title, violation of any regulation adopted by any unit within the Department pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (b) and (c) of this section. This section does not apply to a violation of § 10–2C–02 or § 10–424(2) of this title.

Notwithstanding § 10–1101 of this subtitle, if a person is convicted of poaching deer on any land in the State, the court shall order the person to pay the State restitution in accordance with this section. For an act of poaching that involves trespassing on another’s property, this section applies with respect to the trespass violation only if the person trespasses in a knowing or willful manner. For each sika deer or antlered white–tailed deer that obtains a score of 150 gross inches or less, as measured by the Boone and Crockett Club’s scoring system for white–tailed deer, a person convicted of poaching deer shall: Pay restitution of not less than $2,000 but not exceeding $5,000, in an amount deemed reasonable by the court; and Perform 80 hours of community service. For each antlered white–tailed deer that obtains a score of more than 150 gross inches, as measured by the Boone and Crockett Club’s scoring system for white–tailed deer, a person convicted of poaching deer shall: Pay restitution of not less than $5,000 but not exceeding $10,000, in an amount deemed reasonable by the court; and Perform 80 hours of community service. For each antlerless white–tailed deer, a person convicted of poaching deer shall: Pay restitution of not less than $300 but not exceeding $500, in an amount deemed reasonable by the court; or Perform 40 hours of community service. The restitution collected under this section shall be credited to the State Wildlife Management and Protection Fund, established under § 10–209 of this title. The Department shall adopt regulations to implement this section.

If any fine is imposed by the District Court for a violation of any provision of this title, the fine shall be collected pursuant to the provisions of law of the District Court system, with the exception of restitution payments made under § 10–1101.1 of this subtitle that are credited to the State Wildlife Management and Protection Fund, established under § 10–209 of this title. If any fine is imposed by the circuit court of any county, the fine, less the costs of collection, shall be paid to the State Wildlife Management and Protection Fund, unless otherwise provided for.

If any Natural Resources police officer or any law enforcement officer has probable cause to believe that any person possesses any bird, mammal, amphibian, or reptile or any device in violation of this title, the officer shall go before any District Court judge of the county in which the species of wildlife or device is believed to be and make affidavit to that fact. If the judge finds the affidavit legally sufficient, the judge shall issue a search warrant against the person complained of, directed to the officer making the affidavit, commanding the officer to proceed at once and search for the bird, mammal, amphibian, or reptile or the device and, upon finding it, to seize, take possession, and keep it until further order by the judge. The warrant shall be executed pursuant to the Maryland Rules. The warrant shall be returned within 5 days from the issuing date or within a shorter period of time set forth in the search warrant.

If a Natural Resources police officer or any law enforcement officer has probable cause to believe that any species of wildlife or any device is possessed in violation of this title, and it is not possible or feasible to secure a search warrant in time to seize the bird, mammal, amphibian, or reptile or the device, then the Natural Resources police officer may examine any boat, railway car, box, crate, package, or game bag without a warrant. In this event, a Natural Resources police officer, in uniform or accompanied by a uniformed police officer, may stop and search an automobile, any vehicle, or trailer for the purpose of examining the game bags. The Natural Resources police officer also may determine whether the person has an appropriate license. This section does not permit entering a dwelling house without first procuring a search warrant.

A Natural Resources police officer or any law enforcement officer, upon arresting any person for violating any provision of this title or any regulation adopted pursuant to this title, may seize every bird, mammal, reptile, and amphibian unlawfully caught, sold, offered for sale, transported, or possessed. The Department may dispose of any seized species of wildlife at the Department’s discretion.

A Natural Resources police officer or any law enforcement officer, upon arresting any person for violating any provision of this title or any regulation adopted pursuant to this title, may seize any device, equipment, conveyance, or property unlawfully used. If the owner or person in charge of the seized device, equipment, conveyance, or property is convicted, the court may declare the device, equipment, conveyance, or property forfeited, in addition to any other penalty provided in this title. Any forfeiture becomes the property of the Department for disposition at the Department’s discretion. If the owner is not known, the court may proceed ex parte to hear and determine any question of forfeiture. If the owner or person charged with the violation is not convicted, the device, equipment, conveyance, or property seized shall be released and returned to the owner or person. The device, conveyance, or property may not be forfeited if the owner was not a consenting party or privy to a violation.

If a person is convicted of violating any provision of this title and the violation causes or results in the injury, death, or destruction of any wildlife, including a protected species of animal, in addition to any other penalty provided in this title, the court may order the person to pay restitution to the State for the resource value of the wildlife, as determined by the court, taking into account regulations adopted by the Department under subsection (b) of this section. The Department, by regulation, shall establish a schedule of resource values for individual species or describe a system that a court may use in determining the resource value for the species. The Department may use, but not be limited to, known values to actually replace lost species or the Department may ascribe to a species a value which the individual wildlife or plant provides to the greater public good for the citizens of Maryland. If 2 or more defendants are convicted for the same violation causing or resulting in the injury, death, or destruction of protected species of animals, the court may impose restitution against them jointly and equally. Restitution under this section shall be paid within the time prescribed by the court. In each instance, the court shall order the person to pay the restitution to the State. Moneys paid under this section shall be credited to the Department to be used only for the replacement, habitat management, or enforcement programs for injured, killed, or destroyed wildlife or protected species of animals.

In addition to any other penalty provided by this title, the Department or the court may suspend for a period not exceeding 5 years the hunting license or hunting privileges of a person who is convicted of a State or federal hunting violation. The Department shall adopt regulations: To implement this section; and That list the criteria for the suspension of a hunting license or the hunting privileges of a person. During a period of suspension of a hunting license or the hunting privileges of a person imposed by the Department or the court, the person may not: Hunt, trap, or pursue game in the State; or Purchase or attempt to purchase another hunting license. The following are grounds for an immediate suspension of a hunting license or hunting privileges: Knowingly making a false statement in a license application; A second conviction for violations occurring on separate days within any 12–month period for violations of State or federal hunting law that are not administrative or minor in nature as determined by the Department; Failure to submit a report or report to a checking station as required under this title or by regulation; or Failure of a nonresident of the State to appear in court in accordance with a citation issued by a Natural Resources police officer, or to any other process issued by any court of Maryland, for a violation of this title. A suspension imposed in accordance with this section is in addition to any other penalty authorized under this title. The Department shall initiate any proceeding to suspend a hunting license or hunting privileges under paragraph (2)(ii) of this subsection immediately after the time for filing an appeal of the second conviction has passed. Before the suspension of a hunting license or hunting privileges under this section, the Department shall notify the licensee or person in writing of the licensee’s or person’s right to a hearing on request. If a licensee or person submits a written request for a hearing to the Department within 30 days after the date that the notice required under this paragraph is mailed, the Department shall: Hold a hearing after providing at least 10 days’ notice to the licensee or person; and Conduct the hearing in accordance with Title 10, Subtitle 2 of the State Government Article. The Department may suspend a hunting license or hunting privileges without a hearing if: The licensee or person does not submit a written request for a hearing; or The licensee or person fails to appear for a scheduled hearing for which the Department provided notice.