Maryland Proposes New Commercial penalties

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DNR PROPOSES New Commercial Fishing penalties

Proposal will enhance penalties on first time offenders



ANNAPOLIS, Md. (December 2, 2009) – The Maryland Department of Natural Resources (DNR) Fisheries Service has proposed a new penalty system to deter natural resource violations, including commercial poaching. The new proposal will impose penalties on first time offenders, based on the severity of their crime, as well as repeat offenders.



“These valuable and fragile marine resources are part of the public trust. They belong to all citizens and we must protect them from those who would willfully break the law,” said DNR secretary John Griffin.



Current law requires several convictions to generate a suspension and suspension time is minimal. The 2009 General Assembly directed DNR to create a penalty system for a single violation and provide tougher penalties for repeat offenders.



“We believe the proposed increased penalties remain reasonable and will provide a greater deterrence to people thinking about breaking the law,” said Fisheries Service Director Tom O’Connell.



DNR has been working with the Penalty Workgroup, Tidal Fisheries and Sport Fisheries Advisory Commissioners and the Attorney General’s Office to create the new commercial penalty system.



The new enforcement system:

assigns points to violations based upon the gravity of the offense;
has increased penalties for repeat offenders and special protection for certain species; and
includes provisions for automatic suspension for certain violations.


This proposal was submitted on Nov. 13, 2009 and will be in the Maryland Register on December 18, 2009.

The proposal is currently available on Fisheries Service’s Proposed Regulations Web page, at http://www.dnr.state.md.us/fisheries...egulations.asp.



Public comment will begin on December 18, 2009 and end on January 19, 2010. Public hearings will take place on January. 7, 2009 at 6pm, at the Talbot County Library – Main Library, 100 West Dover Street Easton, Maryland 21601 and on January 13, 2009 at 6pm in C-1, Tawes State Office Bldg., 580 Taylor Ave., Annapolis, MD 21401.

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The purpose of this action is to implement a new administrative penalty system to deter violations of commercial fisheries laws pursuant to § 4-701(l) of the Natural Resources Article, Annotated Code of Maryland. Under current regulations, a tidal fish license (TFL) holder’s privilege to participate in a fishery generally may not be suspended unless the licensee has been convicted of at least three violations of state fisheries law on separate days in a two-year period. This system has not effectively deterred commercial fishing violations. In calendar year 2008, 1,670 of the 3,940 (45%) of TFL holders who actively fished their licenses received a citation for violating the law. Recognizing the deficiencies of this system, in 2009 the General Assembly enacted Chapter 453 of the Laws of Maryland, which directs the Department to create an administrative penalty system based upon a single conviction of state fisheries law, requires enhanced administrative penalties for TFL holders who repeatedly violate the law or who violate laws intended to protect aquatic species of special concern, such as blue crab, oysters, and striped bass.

This action will establish a tiered point system and penalties comparable to administrative systems in other states. Certain convictions of state fisheries law are classified as Tier I, Tier II, or Tier III offenses depending upon the gravity of the violation. A number of minor violations are not included in any tier and have no administrative penalty. Tier I violations are basic violations of state fisheries law. A conviction for a Tier I violation receives 5 points, but no immediate suspension. Tier II violations impact a fishery resource in need of special protection or demonstrate a disregard for the law. Tier II convictions receive 10 points and a suspension for up to 30 days. Tier III convictions are serious violations that significantly impact the fishery or demonstrate a willful intent to break the law. Tier III convictions receive 15 points and a suspension for up to 60 days. Licensees who accumulate points for multiple convictions in any two year period will be subject to longer suspensions and eventually revocation.

This action will also remove antiquated procedures for contested case hearings before suspension of a TFL and includes provisions for settling cases before proceeding to a hearing.

The Department developed the proposed regulations in consultation with the Penalty Workgroup, which consists of members of the Tidal Fish Advisory Committee (TFAC) and the Sport Fish Advisory Committee (SFAC) and the Office of the Attorney General at the Department of Natural Resources