<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 08.02.13.05" title_num="08" subtitle_num="02" chapter_num="13" heading="Recreational Fishing Suspension and Revocation.">
  <paragraph num="A.">
    <text>Any person who is convicted of an offense under §§D—H of this regulation or similar offenses under federal law in Maryland may:</text>
    <paragraph num="(1)">
      <text>Have all recreational fishing licenses issued by the Department revoked;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Be prohibited from engaging in any recreational fishing for the period of time described in §§D—H of this regulation;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Be prohibited from applying for any recreational fishing licenses for the period of time described in §§D—H of this regulation;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Not engage in any recreational fishing activities during a resulting period of suspension.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A revoked recreational fishing license is no longer valid for any purpose.</text>
  </paragraph>
  <paragraph num="C.">
    <text>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.</text>
  </paragraph>
  <paragraph num="D.">
    <text>A person who receives one of the following violations may be suspended for up to 90 days.</text>
  </paragraph>
  <paragraph num="E.">
    <text>A person who receives one of the following violations may be suspended for up to 180 days.</text>
  </paragraph>
  <paragraph num="F.">
    <text>A person who receives one of the following violations may be suspended for up to 1 year.</text>
  </paragraph>
  <paragraph num="G.">
    <text>A person who receives one of the following violations may be suspended for up to 2 years.</text>
  </paragraph>
  <paragraph num="H.">
    <text>A person who receives one of the following violations may be suspended for up to 5 years.</text>
  </paragraph>
  <paragraph num="I.">
    <text>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.</text>
  </paragraph>
  <paragraph num="J.">
    <text>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.</text>
  </paragraph>
  <paragraph num="K.">
    <text>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.</text>
  </paragraph>
  <paragraph num="L.">
    <text>The Department may agree to a settlement before proceeding to a contested case hearing.</text>
  </paragraph>
  <paragraph num="M.">
    <text>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.</text>
  </paragraph>
</regulation>