Maryland Natural Resources Section 4-1201

Article - Natural Resources

§ 4-1201.

      (a)      Except as otherwise specifically provided in this title, a person who violates any provision of this title is guilty of a misdemeanor and, upon conviction, is subject to a fine not exceeding $500, with costs imposed in the discretion of the court.

      (b)      Unless another penalty is specifically provided elsewhere in this title, any person found guilty of a second or subsequent violation of any provision of this title is subject to a fine not exceeding $1,000, or imprisonment not exceeding one year, or both, with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is one which has occurred within two years of any prior violation of this title.

      (c)      In addition to any administrative penalty provided in this title, violation of any rule or regulation adopted by any unit within the Department pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b).

      (d)      In addition to any other applicable penalty set forth in subsections (a) and (b) of this section, a person who violates any provision of this title or any regulations adopted by the Secretary under the authority of this title concerning the taking of or creel limits for striped bass, commonly known as rockfish, shall be subject to the following penalties:

            (1)      For a first violation, a fine not exceeding $1,500 per fish;

            (2)      For a second violation, within a 2-year period, a fine not exceeding $2,500 per fish and revocation of the fishing license for a period not less than 1 year but not more than 2 years; and

            (3)      For a third violation within a 4-year period, a fine not exceeding $2,500 per fish and revocation of the fishing license for a period not less than 2 years but not more than 5 years.

      (e)      A common carrier transporting fish who is not the buyer, seller, or catcher of the fish or is not controlled by the buyer, seller, or catcher of the fish is not subject to any penalty under this section for transporting fish which is either unlawfully caught or of unlawful size provided that the operator of the common carrier has in his possession a valid bill of lading, stating the origin, shipper, destination and receiver of the fish and the common carrier does not know or have reason to know that the fish were unlawfully caught or of unlawful size.

      (f)      In addition to any other applicable penalty set forth in this title, a person who unlawfully takes oysters from an oyster sanctuary or oyster reserve that is designated and marked by buoys or other signage, and who knew or should have known that taking the oysters from the sanctuary or reserve was unlawful, shall be subject to a fine not exceeding $3,000 and immediate suspension of the person's tidal fish license for a period not less than 6 months but not more than 1 year.



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