# COMAR Title 08 — Department of Natural Resources

## Subtitle 02 — Fisheries Service

### Chapter 13 — Fishing Licenses — Point Assignment, License Revocation and Suspension Schedule and Criteria, and Hearing Procedure

#### Regulation .05 Recreational Fishing Suspension and Revocation.

*COMAR 08.02.13.05*

A. Any person who is convicted of an offense under §§D—H of this regulation or similar offenses under federal law in Maryland may:

  (1) Have all recreational fishing licenses issued by the Department revoked;

  (2) Be prohibited from engaging in any recreational fishing for the period of time described in §§D—H of this regulation;

  (3) Be prohibited from applying for any recreational fishing licenses for the period of time described in §§D—H of this regulation;

  (4) Not engage in any recreational fishing activities during a resulting period of suspension.

B. A revoked recreational fishing license is no longer valid for any purpose.

C. Applying for a recreational fishing license or engaging in recreational fishing activities when prohibited from doing so by this regulation is a misdemeanor and punishable as provided in Natural Resources Article, §4-1201(c), Annotated Code of Maryland.

D. A person who receives one of the following violations may be suspended for up to 90 days.

E. A person who receives one of the following violations may be suspended for up to 180 days.

F. A person who receives one of the following violations may be suspended for up to 1 year.

G. A person who receives one of the following violations may be suspended for up to 2 years.

H. A person who receives one of the following violations may be suspended for up to 5 years.

I. Any person who in any 8 year period receives five suspensions for violations as described in §§E—H of this regulation may be prohibited from engaging in all recreational fishing activities for 5 years.

J. Any person who in any 3 year period receives three suspensions for violations as described in §D of this regulation may be prohibited from engaging in all recreational fishing activities for 1 year.

K. Before the Department imposes a suspension or revocation under this regulation, a person is entitled to a contested case hearing upon request in accordance with Natural Resources Article, §4-220, Annotated Code of Maryland.

L. The Department may agree to a settlement before proceeding to a contested case hearing.

M. A lesser penalty may be imposed at the Department's discretion if the circumstances warrant it, to include consideration of the person’s disciplinary record, an agreement to comply with any conditions that the Department may reasonably require, and any other mitigating circumstances.