Ch. 534

LAWS OF MARYLAND

(2)  THE DEPARTMENT SHALL CHARGE A PERSON FOUND TO BE
IN VIOLATION OF THIS SUBSECTION CAUSE THE OFFICE OF THE LOCAL
STATE'S ATTORNEY TO BRING A CRIMINAL ACTION UNDER ARTICLE 27, §
342 OF THE CODE 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 SHALL REVOKE IMMEDIATELY MAY
SUSPEND ALL EXISTING LICENSES TO TAKE OR CATCH FINFISH OR
SHELLFISH 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) THE DEPARTMENT MAY NOT REISSUE A LICENSE
REVOKED UNDER THIS SUBSECTION BEFORE 1 MONTH AFTER A CONVICTION
AND MAY, IN ITS DISCRETION, WITHHOLD THE REISSUANCE OF A LICENSE
FOR UP TO 2 YEARS AFTER THE 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 stake, buoy, or monument 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, EXCEPT IN AQUACULTURE ENTERPRISE ZONES, 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.

[4-1119.] 4-11A-16.

(a) An owner or other lawful occupant shall have exclusive
right to use any creek, cove, or inlet for preserving or
depositing oysters or other shellfish if the water surface at the
mouth of the creek, cove, or inlet is 300 feet or less in width
at mean low water. However, this cove, creek, or inlet may not be

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