EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0317*
SENATE BILL 317
M2 4lr0824
By: Senator Bailey
Introduced and read first time: January 11, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Oysters, Striped Bass, and Crabs – Commercial Authorizations – Suspensions 2
and Revocations 3
FOR the purpose of prohibiting the Department of Natural Resources from revoking a 4
person’s authorization to catch oysters, striped bass, or crabs unless the person has 5
been convicted of or entered an accepted plea of nolo contendere to a certain crime; 6
altering and establishing certain procedures for the suspension or revocation of an 7
authorization to catch oysters, striped bass, or crabs; authorizing the Department to 8
reinstate an authorization to catch oysters, striped bass, or crabs that has been 9
revoked, under certain circumstances; and generally relating to the suspension or 10
revocation of authorizations to catch oysters, striped bass, or crabs. 11
BY repealing and reenacting, with amendments, 12
Article – Natural Resources 13
Section 4–1210 and 4–1211 14
Annotated Code of Maryland 15
(2023 Replacement Volume and 2023 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Natural Resources 19
4–1210. 20
(a) (1) In addition to any other penalty or fine provided in this title, a person 21
who holds an authorization to catch oysters under § 4–701 of this title and receives a 22
citation for an offense listed under paragraph (2) of this subsection may have the 23
authorization SUSPENDED OR revoked in accordance with this section. 24
2 SENATE BILL 317
(2) [The] SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE 1
following offenses, committed in violation of this title or of any regulation adopted under 2
this title, are grounds for SUSPENSION OR revocation of an authorization to catch oysters 3
under this section: 4
(i) Taking oysters located more than 200 feet within a closed or 5
prohibited area; 6
(ii) Taking oysters with gear that is prohibited in that area; 7
(iii) Taking oysters outside of a time restriction for the harvest of 8
oysters by more than 1 hour; 9
(iv) Taking oysters during closed seasons; and 10
(v) Taking oysters from a leased area by a person other than the 11
leaseholder or the leaseholder’s designee. 12
(3) THE DEPARTMENT MAY NOT REVOKE AN AUTHOR IZATION TO 13
CATCH OYSTERS UNDER THIS SECTION UNLESS THE VIOLATION RESULT S IN A 14
CRIMINAL CONVICTION OR AN ACCEPTED PLEA OF NOLO CONTENDERE . 15
(b) (1) (i) Before the [revocation] SUSPENSION of an authorization to 16
catch oysters under this section, the Department shall hold a hearing on the matter in 17
accordance with the Administrative Procedure Act under Title 10, Subtitle 2 of the State 18
Government Article. 19
(ii) A hearing held under subparagraph (i) of this paragraph shall be 20
held within 90 days after the cited individual commits the offense listed under subsection 21
(a)(2) of this section. 22
[(2)] (III) After a hearing is conducted under [paragraph (1)] 23
SUBPARAGRAPH (II) of this [subsection] PARAGRAPH , if the presiding officer finds or 24
concludes that the person knowingly has committed an offense listed under subsection 25
(a)(2) of this section, the Department shall [revoke] SUSPEND the person’s authorization 26
to catch oysters FOR A PERIOD OF NOT MORE THAN 3 YEARS. 27
(IV) THE DEPARTMENT SHALL IMME DIATELY END A PERIOD OF 28
SUSPENSION IMPOSED U NDER THIS PARAGRAPH IF THE PERSON SUBJEC T TO THE 29
SUSPENSION SUBMITS D OCUMENTATION SATISFACTORY TO THE DEPARTMENT 30
DEMONSTRATING THAT ALL CRIMINAL CHARGES RELATED TO THE CITED OFFENSE 31
HAVE RESULTED IN : 32
1. ACQUITTAL; 33
SENATE BILL 317 3
2. DISMISSAL; 1
3. A NOT GUILTY VERDICT ; OR 2
4. AN ENTRY OF NOLLE PROSEQUI . 3
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , IF 4
THE DEPARTMENT FINDS OR CONCLUDES T HAT A PERSON HAS BEEN CONV ICTED OF 5
OR ENTERED AN ACCEPT ED PLEA OF NOLO CONT ENDERE TO A CRIME RELATED TO 6
AN OFFENSE LISTED UN DER SUBSECTION (A)(2) OF THIS SECTION , THE 7
DEPARTMENT MAY : 8
1. EXTEND ANY PERIOD OF SUSPE NSION PREVIOUSLY 9
IMPOSED UNDER PARAGRAPH (1) OF THIS SUBSECTION; OR 10
2. REVOKE THE PERSON ’S AUTHORIZATION TO C ATCH 11
OYSTERS. 12
(II) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 13
THIS SUBPARAGRAPH , BEFORE EXTENDING A SUSPENSI ON OR IMPOSING A 14
REVOCATION UNDER THI S PARAGRAPH , THE DEPARTMENT SHALL HOLD A HEARING 15
ON THE MATTER IN ACC ORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT 16
UNDER TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE. 17
2. A PERSON MAY WA IVE THE RIGHT TO A H EARING 18
UNDER THIS SUBPARAGRAPH . 19
3. A HEARING HELD UNDER T HIS SUBPARAGRAPH 20
SHALL BE HELD WITHIN 90 DAYS AFTER THE DISPO SITION OF CRIMINAL 21
PROCEEDINGS RELATED TO THE OFFENSE . 22
(c) A person who is aggrieved by the final decision of the Department may obtain 23
judicial review of the decision in accordance with the Administrative Procedure Act under 24
Title 10, Subtitle 2 of the State Government Article. 25
(d) SUBJECT TO ANY REGULA TION THAT THE DEPARTMENT ADOPTS , THE 26
DEPARTMENT MAY REINST ATE AN AUTHORIZATION TO CATCH OYSTERS THA T HAS 27
BEEN REVOKED UNDER T HIS SECTION. 28
(E) A person whose authorization has been SUSPENDED OR revoked in 29
accordance with this section may not engage or work in the oyster fishery DURING THE 30
PERIOD OF SUSPENSION OR REVOCA TION, whether or not it requires the use of another 31
license. 32
4 SENATE BILL 317
4–1211. 1
(a) (1) In addition to any other penalty or fine provided in this title, a person 2
who is authorized to catch striped bass or crabs under § 4–701 of this title and who commits 3
an offense established under paragraph (2) of this subsection may have the authorization 4
to catch striped bass or crabs SUSPENDED OR revoked in accordance with this section. 5
(2) [The] SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE 6
Department, in consultation with the Tidal Fisheries Advisory Commission and the Sport 7
Fisheries Advisory Commission, shall adopt regulations that establish grounds for the 8
SUSPENSION OR revocation of an authorization to catch striped bass or crabs under § 9
4–701 of this title, which shall include egregious or repeat violations in the following 10
categories: 11
(i) Using illegal gear; 12
(ii) Harvesting during closed seasons; 13
(iii) Harvesting from a closed area; 14
(iv) Violating established harvest, catch, or size limits; and 15
(v) Violating tagging and reporting requirements. 16
(3) THE DEPARTMENT MAY NOT REVOKE AN AUT HORIZATION TO 17
CATCH STRIPED BASS OR CRAB S UNDER THIS SECTION U NLESS THE VIOLATION 18
RESULTS IN A CRIMINA L CONVICTION OR AN A CCEPTED PLEA OF NOLO 19
CONTENDERE . 20
(b) (1) (I) Before the [revocation] SUSPENSION of an authorization to 21
catch striped bass or crabs under this section, the Department shall hold a hearing on the 22
matter in accordance with the Administrative Procedure Act under Title 10, Subtitle 2 of 23
the State Government Article. 24
(II) A HEARING HEL D UNDER SUBPARAGRAPH (I) OF THIS 25
PARAGRAPH SHALL BE H ELD WITHIN 90 DAYS AFTER THE CITED INDIVIDUAL 26
COMMITS THE OFFENSE LISTED UNDER SUBSECT ION (A)(2) OF THIS SECTION. 27
[(2)] (III) After a hearing is conducted under [paragraph (1)] 28
SUBPARAGRAPH (II) of this [subsection] PARAGRAPH , if the presiding officer finds or 29
concludes that the person knowingly has committed an offense listed under subsection 30
(a)(2) of this section, the Department shall [revoke] SUSPEND the person’s authorization 31
to catch striped bass or crabs FOR A PERIOD OF NOT MORE THAN 3 YEARS. 32
(IV) THE DEPARTMENT SHALL IMME DIATELY END A PERIOD OF 33
SUSPENSION IMPOSED U NDER THIS PARAGRAPH IF THE PERSON SUBJEC T TO THE 34 SENATE BILL 317 5
SUSPENSION SUBMITS D OCUMENTATION SATISFA CTORY TO THE DEPARTMENT 1
DEMONSTRAT ING THAT ALL CRIMINA L CHARGES RELATED TO THE CITED OFFENSE 2
HAVE RESULTED IN : 3
1. ACQUITTAL; 4
2. DISMISSAL; 5
3. A NOT GUILTY VERDICT ; OR 6
4. AN ENTRY OF NOLLE PRO SEQUI. 7
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , IF 8
THE DEPARTMENT FINDS OR CONCLUDES T HAT A PERSON HAS BEEN CONV ICTED OF 9
OR ENTERED AN ACCEPT ED PLEA OF NOLO CONT ENDERE TO A CRIME RE LATED TO 10
AN OFFENSE LISTED UN DER SUBSECTION (A)(2) OF THIS SECTION , THE 11
DEPARTMENT MAY : 12
1. EXTEND ANY PERIOD OF SUSPENSION PR EVIOUSLY 13
IMPOSED UNDER PARAGRAPH (1) OF THIS SUBSECTION; OR 14
2. REVOKE THE PERSON ’S AUTHORIZATION TO C ATCH 15
STRIPED BASS OR CRAB S. 16
(II) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 17
THIS SUBPARAGRAPH , BEFORE EXTENDING A S USPENSION OR IMPOSIN G A 18
REVOCATION UNDER THIS P ARAGRAPH, THE DEPARTMENT SHALL HOLD A HEARING 19
ON THE MATTER IN ACC ORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT 20
UNDER TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE. 21
2. A PERSON MAY WAIVE THE RIGHT TO A HEARING 22
UNDER THIS SUB PARAGRAPH . 23
3. A HEARING HELD UNDER T HIS SUBPARAGRAPH 24
SHALL BE HELD WITHIN 90 DAYS AFTER THE DISPO SITION OF CRIMINAL 25
PROCEEDINGS RELATED TO THE OFFENSE . 26
(c) A person who is aggrieved by the final decision of the Department may obtain 27
judicial review of the decision in accordance with the Administrative Procedure Act under 28
Title 10, Subtitle 2 of the State Government Article. 29
(d) SUBJECT TO ANY REGULA TION THAT THE DEPARTMENT ADOPTS , THE 30
DEPARTMENT MAY REINST ATE AN AUTHORIZATION TO CATCH STRIPED BAS S OR 31
CRABS THAT HAS BEEN REVOKED UNDER THIS S ECTION. 32 6 SENATE BILL 317
(E) A person whose authorization has been SUSPENDED OR revoked in 1
accordance with this section may not engage or work in the fishery for which the 2
authorization was SUSPENDED OR revoked DURING THE PERIO D OF SUSPENSION OR 3
REVOCATION , whether or not it requires the use of another authorization. 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2024. 6