# Natural Resources (GNR)

## Title 4. Fish and Fisheries

### Subtitle 12. Penalties and Fines, Searches, Seizures and Forfeitures

#### Section 4-1201

(a) Except as otherwise specifically provided in this title, a person who violates any provision of this title is guilty of a misdemeanor and, upon conviction, is subject to a fine not exceeding $1,000, with costs imposed in the discretion of the court.

(b) 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 $2,000, or imprisonment not exceeding one year, or both, with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is one which has occurred within two years of any prior violation of this title.

(c) In addition to any administrative penalty provided in this title, violation of any rule or 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 (a) and (b) of this section.

(d)

  (1) In addition to any other applicable penalty set forth in subsections (a) and (b) of this section, a person who violates any provision of this title or any regulations adopted by the Secretary under the authority of this title concerning the taking of or creel limits for striped bass, commonly known as rockfish, shall be subject to the following penalties:

    (i) For a first violation, a fine not exceeding $1,500 per fish;

    (ii) For a second violation, within a 2-year period, a fine not exceeding $2,500 per fish and revocation of the fishing license for a period not less than 1 year but not more than 2 years; and

    (iii) For a third violation within a 4-year period, a fine not exceeding $2,500 per fish and revocation of the fishing license for a period not less than 2 years but not more than 5 years.

  (2) In addition to any other penalty provided under this title, a person who commits any of the following violations, and the violation results in the unlawful capture of over $20,000 worth of striped bass as determined by the proceeds of the unlawful capture, is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years:

    (i) Using unlawful gear;

    (ii) Harvesting during closed seasons;

    (iii) Harvesting from a closed area;

    (iv) Violating established harvest, catch, or size limits; or

    (v) Violating tagging and reporting requirements.

(e) A common carrier transporting fish who is not the buyer, seller, or catcher of the fish or is not controlled by the buyer, seller, or catcher of the fish is not subject to any penalty under this section for transporting fish which is either unlawfully caught or of unlawful size provided that the operator of the common carrier has in his possession a valid bill of lading, stating the origin, shipper, destination and receiver of the fish and the common carrier does not know or have reason to know that the fish were unlawfully caught or of unlawful size.

(f) In addition to any other applicable penalty set forth in this title, a person who unlawfully takes oysters from a leased oyster bottom, an oyster sanctuary, an oyster reserve, or an area closed to shellfish harvest by the Department of the Environment, when the area is designated and marked by buoys or other signage or the person knew or should have known that taking the oysters from the area was unlawful, is subject to a fine not exceeding $3,000.

(g)

  (1) 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 fish, including a protected species of animal, in addition to any other penalty provided in this title, the Secretary may order the person to pay restitution to the Department for the resource value of the fish, as determined by the regulations adopted by the Department under paragraph (2) of this subsection.

  (2) The Department, in consultation with the Tidal Fisheries Advisory Commission and the Sport Fisheries Advisory Commission, shall adopt regulations that establish a schedule of resource values for individual species.

  (3) If two 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 the defendants jointly and equally.

  (4)

    (i) Restitution under this section shall be paid within 30 days or a time prescribed by regulation.

    (ii) In each instance, restitution 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 fish or protected species of animals.

(h) In addition to any other applicable penalty under this title, a person who violates Sec. 4-708(a)(1) of this title (Committing separate commercial fishing violation while license or authorization is suspended or revoked) or Sec. 4-708(a)(2) of this title (Engaging in commercial fishing activity without holding appropriate license or authorization) is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $25,000 or both, with costs imposed in the discretion of the court.

#### Section 4-1202

(a)

  (1) Except as provided in paragraph (2) of this subsection, 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.

  (2) Notwithstanding any other provision of law, a fine imposed by the District Court under Sec. 4-1201(h) of this subtitle on a person who commits a separate commercial fishing violation while the license or authorization is suspended or revoked or who engages in commercial fishing activity without holding the appropriate license or authorization, less the costs of collection, shall be paid to the Fisheries Research and Development Fund.

(b) If any fine is imposed by the circuit court of any county, the fine, less the costs of collection, shall be paid to the Fisheries Research and Development Fund, unless otherwise provided for.

#### Section 4-1203

If any Natural Resources police officer or any law enforcement officer has probable cause to believe that any person possesses any fish or any device in violation of this title, the officer shall go before any District Court judge of the county in which the fish or device is supposed 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 fish or 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 Rule 4-601 of the Maryland Rules. The warrant shall be returned within 5 days from the issuing date or within a shorter period of time as set forth in the search warrant.

#### Section 4-1204

(a) If a Natural Resources police officer or any law enforcement officer has probable cause to believe that any fish or 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 fish or device, then he may examine without a warrant any boat, railway car, box, crate, package, or game bag.

(b) 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 fish bag. He also may determine whether the person has an appropriate license.

(c) However, this section does not permit entering a dwelling house without first procuring a search warrant.

#### Section 4-1205

A Natural Resources police officer or any law enforcement officer, upon arresting any person for violating any provision of this title or any rule or regulation promulgated pursuant to it, shall seize every fish unlawfully caught, sold, offered for sale, transported, or possessed. The Department may dispose of the seized fish at its discretion.

#### Section 4-1206

(a) A Natural Resources police officer or any law enforcement officer, upon arresting any person for violating any provision of this title or any rule or regulation promulgated pursuant to it, may seize every 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 its 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 charged.

(b) However, the device, equipment, conveyance, or property may not be forfeited if the owner was not a consenting party or privy to a violation.

#### Section 4-1207

(a) In addition to any other penalty or fine provided in this title, any person who is convicted of violating any provision of this title or any regulation adopted under the authority of this title may have the license under which the person operated in the commission of violation suspended or revoked by the court.

(b)

  (1) A court may suspend for not more than 1 year a fishing license of a person who is convicted of violating Sec. 6-402 of the Criminal Law Article while carrying a fishing rod or net for the purpose of fishing.

  (2) When a person not holding a fishing license is convicted of violating Sec. 6-402 of the Criminal Law Article while carrying a fishing rod or net for the purpose of fishing, the court may order that the person not obtain a fishing license for a period of not more than 1 year.

#### Section 4-1208

(a) In this section, "violation" means a violation of:

  (1) Any provision of this title; and

  (2) Any rule or regulation concerning fish and fisheries adopted by the Department.

(b) If a person applies for the expungement of the person's record concerning any violation, the Department shall expunge the record if, at the time of application:

  (1) The person has not been convicted of a violation for the preceding 3 years, and any license issued to the person under this title has never been suspended or revoked;

  (2) The person has not been convicted of a violation for the preceding 5 years, and any license issued to the person under this title shows not more than 1 suspension and no revocations; or

  (3) The person has not been convicted of a violation for the preceding 10 years, regardless of the number of suspensions or revocations.

#### Section 4-1209

Upon the failure of any person to appear in a court of this State as required by any charging document accusing the person of committing any offense under this title, in addition to any other appropriate action taken by the court or the Department, the Department may immediately suspend, without hearing, any license issued to the person under this title. The Department may not issue any new license under this title to the person until the person appears in court to answer the charging document.

#### Section 4-1210

(a)

  (1) In addition to any other penalty or fine provided in this title, a person who holds an authorization to catch oysters under Sec. 4-701 of this title and receives a citation for an offense listed under paragraph (2) of this subsection may, in accordance with this section, have the authorization:

    (i) For a first violation, suspended for up to 5 years; and

    (ii) For a second or subsequent violation, revoked.

  (2) The following offenses, committed in violation of this title or of any regulation adopted under this title, are grounds for suspension or revocation of an authorization 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 while more than 200 feet within the prohibited 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)

  (1) Before the suspension or revocation of an authorization to catch oysters under 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 suspend or revoke the person's authorization to catch oysters in accordance with subsection (a)(1) of this section.

(c) 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) A person whose authorization has been suspended or revoked in accordance with this section may not engage or work in the oyster fishery while suspended or revoked whether or not the work requires the use of another license.

(e)

  (1) The Department may accept an application for and issue an oyster authorization to a person whose oyster authorization was revoked under this section before July 1, 2025, beginning 5 years after the date of revocation.

  (2) The Department shall reinstate a person's entitlement to engage or work in the oyster fishery for a person whose authorization to catch oysters was revoked under this section before July 1, 2025, beginning 5 years after the date of revocation.

#### Section 4-1211

(a)

  (1) In addition to any other penalty or fine provided in this title, a person who is authorized to catch striped bass or crabs under Sec. 4-701 of this title and who commits an offense established under paragraph (2) of this subsection may have the authorization to catch striped bass or crabs revoked in accordance with this section.

  (2) The Department, in consultation with the Tidal Fisheries Advisory Commission and the Sport Fisheries Advisory Commission, shall adopt regulations that establish grounds for the revocation of an authorization to catch striped bass or crabs under Sec. 4-701 of this title, which shall include egregious or repeat violations in the following categories:

    (i) Using illegal gear;

    (ii) Harvesting during closed seasons;

    (iii) Harvesting from a closed area;

    (iv) Violating established harvest, catch, or size limits; and

    (v) Violating tagging and reporting requirements.

(b)

  (1) Before the revocation of an authorization to catch striped bass or crabs under 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 authorization to catch striped bass or crabs.

(c) 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) A person whose authorization has been revoked in accordance with this section may not engage or work in the fishery for which the authorization was revoked whether or not it requires the use of another authorization.

#### Section 4-1212

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Permit" means a shellfish aquaculture harvester permit issued by the Department.

  (3) "Registration card" means a shellfish aquaculture harvester registration card issued by the Department.

(b)

  (1) In addition to any other penalty or fine provided in this title, a person who holds a shellfish aquaculture harvester permit or shellfish aquaculture harvester registration card and receives a citation for an offense listed under paragraph (2) of this subsection may, in accordance with this section, have the permit or registration card:

    (i) For a first violation, suspended for up to 5 years; and

    (ii) For a second or subsequent violation, revoked.

  (2) The following offenses, committed in violation of this title or of any regulation adopted under this title, are grounds for suspension or revocation of a permit or registration card under this section:

    (i) Taking oysters from a closed or prohibited area more than 200 feet outside a shellfish aquaculture lease;

    (ii) Delivering oysters to a dealer more than 1 hour after the time required by the Maryland Department of Health's Vibrio Parahaemolyticus Control Plan as set forth in COMAR 10.15.07.06;

    (iii) Taking oysters from a leased area by a person other than the leaseholder or the leaseholder's designee;

    (iv) Taking oysters for commercial purposes from a natural oyster bar or a public shellfish fishery area without a valid authorization to catch oysters under Sec. 4-701 of this title; and

    (v) Unlawfully taking oysters for commercial purposes from a natural oyster bar or a public shellfish fishery area and planting those oysters on a shellfish aquaculture lease.

(c)

  (1) Before the suspension or revocation of a permit or registration card under 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 (b)(2) of this section, the Department shall suspend or revoke the person's permit or registration card in accordance with subsection (b)(1) of this section.

(d) 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.

(e) A person whose permit or registration card has been suspended or revoked in accordance with this section may not engage or work in any aquaculture activity during the suspension or revocation whether or not the work requires the use of another permit or registration card.

(f)

  (1)

    (i) This subsection applies only to a person who is the sole holder of a shellfish aquaculture lease under Subtitle 11A of this title and whose permit or registration card has been suspended or revoked under this section.

    (ii) Within 90 days after the conclusion of an administrative proceeding under Sec. 4-11A-10 of this title that results in the termination of a lease, a person may provide to the Department a plan to remove any gear or other equipment from the leased area or transfer the lease to another person.

    (iii) Within 60 days after receipt of the plan under subparagraph (ii) of this paragraph, the Department shall review the plan and notify the person whether the plan is complete or requires revisions.

    (iv) Within 30 days after the Department's notification under subparagraph (iii) of this paragraph, the person shall submit any required plan revisions and a lease transfer application to the Department.

    (v) Within 90 days after receipt of the person's completed lease transfer application, the Department shall approve the lease transfer.

  (2) The Department may not terminate a person's lease before the conclusion of the process under paragraph (1) of this subsection.

  (3) A person's failure to complete the process under paragraph (1) of this subsection may result in the forfeiture of any gear and equipment on the leased area to the State for destruction or disposition as the Department may deem appropriate.

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Md. Code Ann., Nat. Res. (as displayed at mgaleg.maryland.gov, October 16, 2026)