Maryland Natural Resources Section 4-11A-15

Article - Natural Resources

§ 4-11A-15.

      (a)      (1)      A person, other than the lessee, may not willfully and without authority catch oysters on any leased oyster bottom, or willfully destroy or transfer oysters on this land in any manner.

            (2)      The Department shall request the office of the local State's Attorney to bring a criminal action under § 7-104 of the Criminal Law Article against a person found to be in violation of this subsection.

            (3)      (i)      On conviction of a person for a violation of this subsection, the Department may suspend all existing licenses to take or catch oysters issued to that person for a period not to exceed:

                        1.      1 year for a first conviction; or

                        2.      2 years for a second or subsequent conviction.

                  (ii)      Before suspending any license to take or catch oysters under this section, the Department shall give the licensee written notice of the right to request a hearing.

                  (iii)      A licensee may request a hearing within 15 days from the date that the notice required by this section is mailed.

                  (iv)      The Department shall hold a hearing within 30 days of the date of the request and render a decision within 30 days of the hearing.

      (b)      A person, other than a lessee, may not remove, alter, transfer, or destroy any marker on any leased oyster bottom.

      (c)      A person, other than a lessee of leased oyster bottoms, or a lessee, while he is in default in payment of any rent or fee, may not use for any purpose any submerged land of the State. However, any person may use any submerged land subject to lease and not already leased for the temporary bedding of oysters for a period not exceeding three months.



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