Regulation .03 Point Assignment Schedule.
Regulation .03 Point Assignment Schedule.LinkCopy Citation
A.
For each conviction of a chargeable offense listed in §§C—I of this regulation, the Department shall enter on the record of the person the number of points listed for that particular conviction.
B.
The points associated with each conviction are described in §§C—I of this regulation. All statutory references are to Natural Resources Article, Annotated Code of Maryland, unless otherwise noted.
C.
Tier I. The following violations are Tier I violations. A person who receives a conviction for a Tier I violation receives 5 points.
D.
Tier II. The following violations are Tier II violations. A person who receives a conviction for a Tier II violation receives 10 points.
E.
Tier III. The following violations are Tier III violations. A person who receives a conviction for a Tier III violation receives 15 points.
F.
Tier IV. The following violations are Tier IV violations. A person who receives a conviction for a Tier IV violation receives 20 points.
G.
Tier V. The following violations are Tier V violations. A person who receives a conviction for a Tier V violation receives 25 points.
H.
Tier VI. The following violations are Tier VI violations. A person who receives a conviction for a Tier VI violation receives 30 points.
I.
Tier VII. The following violations are Tier VII violations. A person who receives a conviction for a Tier VII violation receives 35 points.
J.
In addition to any other applicable penalty, a person may be suspended for a period of not less than 180 days and not exceeding 365 days during the oyster harvest season for:
(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 person knew or should have known that the harvest of oysters from the area was unlawful; or
(2)
A violation of a time restriction for the harvest or possession of oysters by more than 2 hours.
K.
In addition to any other applicable penalty, a person may be suspended for a period of not more than 3 years for an offense related to a violation of the Lacey Act, 16 U.S.C. 3371-3378, including but not limited to conspiracy to commit a violation of the Lacey Act, 18 U.S.C. 371.