This chapter establishes suspension and revocation criteria for fishing privileges under Natural Resources Article, Title 4, Annotated Code of Maryland. Definitions. For purposes of this chapter, the following terms have the meanings indicated. Terms Defined. “Conviction” includes: A guilty verdict or accepted plea of nolo contendere; An admission of guilt to any charge made by the prepayment of the applicable fine instead of appearing for trial; or Each charged violation merged into a conviction. “Entitlement to engage in a particular activity or activities under a tidal fish license” means the privilege to engage in commercial fishing activities without holding a tidal fish license and includes the privilege to work as a crew member or other assistant to a tidal fish licensee. “Revocation” means the act of the Department permanently rescinding a fishing license, authorization, or entitlement and thereby permanently prohibiting a person from engaging in a fishing activity or activities under any circumstances. “Suspension” means the act of the Department temporarily rescinding a fishing license, authorization, or entitlement and thereby temporarily prohibiting a person from engaging in a fishing activity or activities under any circumstances. A person shall be notified when their tidal fish license, authorization, or entitlement to engage in a particular activity or activities under a tidal fish license is or may be subject to suspension or revocation. 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, §4-701, Annotated Code of Maryland. The Department may enter into a Consent Agreement for a period of suspension or revocation with a person who waives their right to a contested case hearing. Suspension and Revocation. The suspension and revocation schedule in §D(3) of this regulation establishes the maximum number of days that a person’s tidal fish license, authorization, or entitlement to engage in a particular activity or activities under a tidal fish license may be suspended or revoked through the accumulation of points. 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 and the person’s agreement to comply with any conditions that the Department may reasonably require. Points are assigned to convictions by tier based on the severity of the violation. A person who in any 2-year period accumulates the number of points provided below shall be penalized in accordance with the following schedule: The Department shall administer the point system in order to: Deter future wrongdoing; and Conserve fisheries. A person who receives a third suspension or revocation within a 6-year period pursuant to any provisions of Regulation .02 or .03 of this chapter is subject to an additional suspension of their tidal fish license, authorization, or entitlement to engage in a particular activity or activities under a tidal fish license for a period not to exceed 5 years. When a person accumulates 25 points or more, is eligible for suspension for at least 180 days, or is eligible for revocation, for a commercial fishing violation, the Department may prohibit that person from transferring or obtaining a tidal fish license or authorization before any suspension or revocation is imposed. A lesser penalty may be imposed at the Department's discretion, including 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. General Prohibitions. If a person’s tidal fish license, authorization, or entitlement to engage in a particular activity or activities under a tidal fish license is suspended or revoked that person is not and may not be authorized to engage or work in the fishery or fisheries for which the license, authorization, or entitlement was suspended or revoked whether or not the activity or activities require the use of another license, during the suspension or revocation period. When a person’s tidal fish license, authorization, or entitlement to engage in a particular activity or activities under a tidal fish license is suspended or revoked, the Department may prohibit that person from engaging in any commercial fishing activities whether or not the activities require the use of another license, during the suspension or revocation period. Unless authorized by Natural Resources Article, §4-702, Annotated Code of Maryland, if a person’s license, authorization, or entitlement to deal in seafood is suspended or revoked, that person may not deal in seafood harvested by another person whether or not the activity requires the use of another license, during the suspension or revocation period. A person whose license has been suspended may not receive a tidal fish license in a transfer or purchase a new tidal fish license until after the suspension period has expired. The Department may withhold approval of any change to a tidal fish license under Natural Resources Article, §4-701, Annotated Code of Maryland, until a pending administrative action involving the licensee is resolved. 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. 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. Tier I. The following violations are Tier I violations. A person who receives a conviction for a Tier I violation receives 5 points. Tier II. The following violations are Tier II violations. A person who receives a conviction for a Tier II violation receives 10 points. Tier III. The following violations are Tier III violations. A person who receives a conviction for a Tier III violation receives 15 points. Tier IV. The following violations are Tier IV violations. A person who receives a conviction for a Tier IV violation receives 20 points. Tier V. The following violations are Tier V violations. A person who receives a conviction for a Tier V violation receives 25 points. Tier VI. The following violations are Tier VI violations. A person who receives a conviction for a Tier VI violation receives 30 points. Tier VII. The following violations are Tier VII violations. A person who receives a conviction for a Tier VII violation receives 35 points. 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: 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 A violation of a time restriction for the harvest or possession of oysters by more than 2 hours. 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. Any person who is convicted of an offense under §§D—H of this regulation or similar offenses under federal law in Maryland may: Have all recreational fishing licenses issued by the Department revoked; Be prohibited from engaging in any recreational fishing for the period of time described in §§D—H of this regulation; Be prohibited from applying for any recreational fishing licenses for the period of time described in §§D—H of this regulation; Not engage in any recreational fishing activities during a resulting period of suspension. A revoked recreational fishing license is no longer valid for any purpose. 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. A person who receives one of the following violations may be suspended for up to 90 days. A person who receives one of the following violations may be suspended for up to 180 days. A person who receives one of the following violations may be suspended for up to 1 year. A person who receives one of the following violations may be suspended for up to 2 years. A person who receives one of the following violations may be suspended for up to 5 years. 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. 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. 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. The Department may agree to a settlement before proceeding to a contested case hearing. 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. Any person licensed to fish commercially shall accurately record their catch on forms provided by the Department. During any season a licensee is authorized to fish commercially the licensee shall: Accurately record their catch on the report or reports described in §C of this regulation or a comparable federal form approved by the Department; and Unless the licensee has indicated on a form provided by the Department that the licensee will not be participating in a fishery for a particular period of time, the licensee shall submit the completed report or reports to the Department in accordance with §D of this regulation. Reports. During the appropriate open seasons, the following reports shall be submitted to the Department monthly: The Maryland monthly oyster report is only required of a licensee that has paid the oyster surcharge in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland. All licensees authorized under Natural Resources Article, §4-701, Annotated Code of Maryland, that guide fishing parties shall submit the Commercial Charter Boat Captain's Daily Log in accordance with this regulation. The reports described in §C of this regulation shall be submitted by the 10th day of the month immediately following the month that the report or reports pertain to. In accordance with Natural Resources Article, §4-701(l), Annotated Code of Maryland, the Department may suspend a person's tidal fish license, authorization, or entitlement to engage in a particular activity or activities under a tidal fish license if the reports described in §C of this regulation are not received by the Department within 50 days of the due date described in §D of this regulation. The maximum penalty for failing to submit reports within 50 days of the due date described in §D of this regulation shall be as follows: The “Number of Late Reports” described in §F of this regulation means the number of late reports the Department has recorded for each individual report required by §C of this regulation in any 12-month period. The “Number of Late Reports” described in §F of this regulation does not mean the total number of late reports the Department has recorded for all reports required by §C of this regulation. The Department may only suspend a licensee under this regulation from participating in the fishery or fisheries to which the reporting violations pertain. The Department may impose less than the maximum suspension. Before the Department imposes a suspension or revocation under this regulation, an individual is entitled to a contested case hearing upon request in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland. A person guiding fishing parties in Maryland in any capacity shall be notified that their tidal fish license, authorization, or entitlement to guide fishing parties may be subject to suspension or revocation whenever that fishing guide has been convicted for violating any of the provisions described in Regulation .08D—J of this chapter. Before the Department imposes a suspension or revocation under this regulation, an individual is entitled to a contested case hearing upon request in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland. The Department may agree to a period of suspension or revocation with a fishing guide before proceeding to a contested case hearing. The Department may enter into a Consent Agreement for a period of suspension or revocation with a person who waives their right to a contested case hearing. A lesser penalty may be imposed at the Department’s discretion including 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. Suspension and Revocation Schedule. The suspension and revocation schedule in §C(3) of this regulation establishes the maximum number of days that a fishing guide’s tidal fish license, authorization, or entitlement to guide fishing parties may be suspended or revoked through the accumulation of points. A lesser penalty may be imposed at the Department’s discretion if the circumstances warrant it, to include consideration of the fishing guide’s disciplinary record and the fishing guide’s agreement to comply with any conditions that the Department may reasonably require. Points are assigned to convictions by tier based on the severity of the violation. A fishing guide who in any 2-year period accumulates the number of points provided below shall be penalized in accordance with the following schedule: The Department shall administer the point system in order to: Deter future wrongdoing; and Conserve fisheries. A fishing guide who has been suspended three times within a 6-year period under Regulation .07 or .08 of this chapter may have their tidal fish license, authorization, or entitlement to guide fishing parties suspended for up to 5 years. When a fishing guide’s tidal fish license, authorization, or entitlement to guide fishing parties is suspended or revoked under Regulation .07 or .08 of this chapter, that fishing guide is not and may not be authorized to guide fishing parties or work for a guided fishing party during the suspension or revocation period. The Department may withhold approval of any change to a tidal fish license under Natural Resources Article, §4-701, Annotated Code of Maryland until a pending administrative action involving that person is resolved. For each conviction of a chargeable violation listed in §§D—J of this regulation, the Department shall enter on the record of a fishing guide the number of points listed for that particular offense. Points accumulated under this regulation only apply to the entitlement to guide fishing parties or suspension or revocation of a tidal fish license or authorization to guide fishing parties. The number of points specified in §§D—J of this regulation shall be assessed against a fishing guide for each conviction. Points will only be assessed for violations that occurred during a guided fishing trip, unless otherwise noted in the table below by the phrase “points assessed for all violations”. Tier I. The following violations are Tier I violations. A fishing guide who receives a conviction for a Tier I violation receives 5 points. Tier II. The following violations are Tier II violations. A fishing guide who receives a conviction for a Tier II violation receives 10 points. Tier III. The following violations are Tier III violations. A fishing guide who receives a conviction for a Tier III violation receives 15 points. Tier IV. The following violations are Tier IV violations. A fishing guide who receives a conviction for a Tier IV violation receives 20 points. Tier V. The following violations are Tier V violations. A fishing guide who receives a conviction for a Tier V violation receives 25 points. Tier VI. The following violations are Tier VI violations. A fishing guide who receives a conviction for a Tier VI violation receives 30 points. Tier VII. The following violations are Tier VII violations. A fishing guide who receives a conviction for a Tier VII violation receives 35 points. 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. Definitions. In this regulation, the following terms have the meanings indicated. Terms Defined. Egregious means an offense which displays a wanton disregard for a requirement of the striped bass or crab fishery. Knowingly means the specific intent to violate a requirement of the striped bass or crab fishery. Repeat means: Three or more offenses in the striped bass or crab fishery on separate days in a single season; A series of offenses in the striped bass or crab fishery which are part of an ongoing scheme or conspiracy; or A series of similar offenses committed over any period of time which collectively display a wanton disregard for the requirements of the striped bass or crab fishery. Knowing, Egregious, and Repeat Offenses. The Department may schedule a hearing to revoke a person’s commercial authorization to catch striped bass or crabs from a person who knowingly commits an offense, commits an egregious offense, or commits repeat offenses in the following categories: Using illegal gear; Harvesting during closed seasons; Harvesting from closed areas; Violating established harvest, catch, or size limits; and Violating tagging and reporting requirements. When the Department seeks to revoke a person’s commercial authorization for an egregious offense, the presiding officer shall consider the person’s history of offenses in the striped bass or crab fishery, the amount of striped bass or crabs unlawfully caught, and the following, as appropriate, to determine whether the offense warrants revocation: The damage or potential damage to natural resources associated with using illegal gear; Any facts which bear on the egregiousness of a seasonal violation; The location of a violation in a closed area; The extent to which the person has exceeded permissible harvest, catch, or size limits; or The extent of the tagging and reporting violations. If, after a hearing conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, the presiding officer finds or concludes that a person committed an egregious offense, committed repeat offenses, or knowingly committed an offense described in §B(1) of this regulation, the Department shall revoke that person’s commercial authorization to catch striped bass or crabs. Operating During a Suspension. The Department may schedule a hearing to revoke a person’s commercial authorization to catch striped bass or crabs from a person who violates terms of a suspension as described in COMAR 08.02.13.02. If, after a hearing conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, the presiding officer finds or concludes that a person committed an offense under §C(1) of this regulation, the Department shall revoke that person’s commercial authorization to catch striped bass or crabs. For each conviction of a chargeable offense listed in §§E—K of this regulation, the Department shall enter on the record of the person the number of points listed for that particular conviction. The points and penalties associated with each conviction are described in §§E—K of this regulation. All statutory references are to Natural Resources Article, Annotated Code of Maryland, unless otherwise noted. The term “person” as used in this regulation is defined under Natural Resources Article, §4-101, Annotated Code of Maryland. The points and penalties as described in §§E—K of this regulation apply to individuals holding a Seafood Dealer’s License under Natural Resources Article, §4-701(d)(2)(ii)(4), Annotated Code of Maryland, and purchasing seafood from individuals, other than themselves, licensed under Natural Resources Article, §4-701(d)(2)(ii), Annotated Code of Maryland, to harvest seafood for sale. Tier I. The following violations are Tier I violations. A person who receives a conviction for a Tier I violation receives 5 points. Tier II. The following violations are Tier II violations. A person who receives a conviction for a Tier II violation receives 10 points and a 30-day suspension. Tier III. The following violations are Tier III violations. A person who receives a conviction for a Tier III violation receives 15 points and a 60-day suspension. Tier IV. The following violations are Tier IV violations. A person who receives a conviction for a Tier IV violation receives 20 points and a 90-day suspension. Tier V. The following violations are Tier V violations. A person who receives a conviction for a Tier V violation receives 25 points and a 180-day suspension. Tier VI. The following violations are Tier VI violations. A person who receives a conviction for a Tier VI violation receives 30 points and a 365-day suspension. Tier VII. The following violations are Tier VII violations. A person who receives a conviction for a Tier VII violation receives 35 points and license revocation. In addition to the penalties as described in §§E—K of this regulation, a person who receives 5 or more violations under Natural Resources Article, Title 4, Annotated Code of Maryland, on separate days within a 2-year period may be subject to a suspension not to exceed 180 days. Natural Resources Article, §§4-206, 4-220, 4-701, 4-745, 4-1201, and 4-1210; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland Effective date: October 20, 1986 (13:21 Md. R. 2320) Regulation .01 amended effective February 27, 1995 (22:4 Md. R. 236); February 14, 2005 (32:3 Md. R. 289) Regulation .02A amended effective January 2, 2006 (32:26 Md. R. 1996) Regulation .02D amended effective April 13, 1992 (19:7 Md. R. 744); February 14, 2005 (32:3 Md. R. 289); January 2, 2006 (32:26 Md. R. 1996); November 5, 2007 (34:22 Md. R. 1976); April 6, 2009 (36:7 Md. R. 521) Regulation .03 amended effective February 27, 1995 (22:4 Md. R. 236) Regulation .03A amended effective February 14, 2005 (32:3 Md. R. 289) Regulation .03C amended effective May 18, 1987 (14:10 Md. R. 1690); February 14, 2005 (32:3 Md. R. 289); November 5, 2007 (34:22 Md. R. 1976); April 6, 2009 (36:7 Md. R. 521) Regulation .03E adopted effective February 14, 2005 (32:3 Md. R. 289) Regulation .03E amended effective November 5, 2007 (34:22 Md. R. 1976) Regulation .04 amended effective February 27, 1995 (22:4 Md. R. 236) Regulation .04H and I amended effective April 15, 1991 (18:7 Md. R. 772) Regulation .05 adopted effective February 14, 2005 (32:3 Md. R. 289) Regulation .05 amended effective November 5, 2007 (34:22 Md. R. 1976) Regulation .06 adopted effective February 22, 2010 (37:4 Md. R. 338) Chapter revised effective February 22, 2010 (37:4 Md. R. 340) Regulation .01 amended effective March 21, 2011 (38:6 Md. R. 393); April 15, 2013 (40:7 Md. R. 609) Regulation .02 amended effective April 4, 2011 (38:7 Md. R. 429); April 15, 2013 (40:7 Md. R. 609); March 31, 2014 (41:6 Md. R. 377) Regulation .02B amended as an emergency provision effective July 2, 2011 (38:16 Md. R. 941); emergency status extended to June 20, 2012 (39:1 Md. R. 16); emergency status superseded March 19, 2012 (39:5 Md. R. 381) Regulation .02B amended effective March 19, 2012 (39:5 Md. R. 381) Regulation .03 amended effective April 4, 2011 (38:7 Md. R. 429); March 19, 2012 (39:5 Md. R. 381); April 15, 2013 (40:7 Md. R. 609); March 31, 2014 (41:6 Md. R. 377); February 16, 2015 (42:3 Md. R. 314); April 11, 2016 (43:7 Md. R. 448); March 23, 2020 (47:6 Md. R. 340); July 7, 2025 (52:13 Md. R. 655) Regulation .03C amended effective October 18, 2021 (48:21 Md. R. 889) Regulation .03C—F, H amended effective July 7, 2025 (52:13 Md. R. 655) Regulation .03C, H, I amended effective June 26, 2023 (50:12 Md. R. 475) Regulation .03E, F amended effective November 29, 2010 (37:24 Md. R. 1658) Regulation .05 amended effective March 21, 2011 (38:6 Md. R. 393); March 19, 2012 (39:5 Md. R. 381); April 15, 2013 (40:7 Md. R. 609); February 16, 2015 (42:3 Md. R. 314); April 11, 2016 (43:7 Md. R. 448); March 23, 2020 (47:6 Md. R. 340); October 18, 2021 (48:21 Md. R. 889); August 19, 2024 (51:16 Md. R. 742) Regulation .05D, E, F amended effective June 26, 2023 (50:12 Md. R. 475); July 7, 2025 (52:13 Md. R. 655); July 7, 2025 (52:13 Md. R. 655) Regulation .05G, L amended effective March 31, 2014 (41:6 Md. R. 377) Regulation .05J amended as an emergency provision effective July 2, 2011 (38:16 Md. R. 941); emergency status extended to June 20, 2012 (39:1 Md. R. 16); emergency status superseded March 19, 2012 (39:5 Md. R. 381) Regulation .06 amended effective September 20, 2010 (37:19 Md. R. 1283) Regulation .06C amended effective July 1, 2019 (46:13 Md. R. 589); October 31, 2022 (49:22 Md. R. 979) ; December 25, 2023 (50:25 Md. R. 1087) Regulation .06C, E amended effective April 4, 2011 (38:7 Md. R. 429) Regulation .06K amended as an emergency provision effective July 2, 2011 (38:16 Md. R. 941); emergency status extended to June 20, 2012 (39:1 Md. R. 16); emergency status superseded March 19, 2012 (39:5 Md. R. 381) Regulation .06K amended effective March 19, 2012 (39:5 Md. R. 381) Regulation .07 adopted effective April 4, 2011 (38:7 Md. R. 429) Regulation .07 amended effective March 31, 2014 (41:6 Md. R. 377) Regulation .07A, E amended effective February 16, 2015 (42:3 Md. R. 314) Regulation .07B amended as an emergency provision effective July 2, 2011 (38:16 Md. R. 941); emergency status extended to June 20, 2012 (39:1 Md. R. 16); emergency status superseded March 19, 2012 (39:5 Md. R. 381) Regulation .07B amended effective March 19, 2012 (39:5 Md. R. 381) Regulation .08 adopted effective April 4, 2011 (38:7 Md. R. 429) Regulation .08 amended effective March 19, 2012 (39:5 Md. R. 381); April 15, 2013 (40:7 Md. R. 609); February 16, 2015 (42:3 Md. R. 314); April 11, 2016 (43:7 Md. R. 448); March 23, 2020 (47:6 Md. R. 340); July 7, 2025 (52:13 Md. R. 655) Regulation .08D—G, I amended effective July 7, 2025 (52:13 Md. R. 655) Regulation .08I amended effective March 31, 2014 (41:6 Md. R. 377) Regulation .09 adopted as an emergency provision effective August 18, 2011 (38:19 Md. R. 1145); adopted permanently effective October 31, 2011 (38:22 Md. R. 1345) Regulation .10 adopted effective November 10, 2014 (41:22 Md. R. 1318) Regulation .10F amended effective June 26, 2023 (50:12 Md. R. 475) Regulation .10F, J amended effective March 23, 2020 (47:6 Md. R. 340)