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Ch. 224
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2002 LAWS OF MARYLAND
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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 INTENTIONALLY AND UNLAWFULLY TAKES OYSTERS FROM
AN OYSTER SANCTUARY, AN OYSTER RESERVE, OR A PRIVATE LEASED BOTTOM
SHALL BE SUBJECT TO THE FOLLOWING PENALTIES:
FOR A FIRST VIOLATION FOR REMOVING OYSTERS FROM AN
UNMARKED OYSTER SANCTUARY OR AN UNMARKED OYSTER RESERVE DESIGNATED
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- 1874 -
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