Fines and penalties
(a) Any person who violates the provisions of § 10-2A-05 of this subtitle, fails to procure any permit required by § 10-2A-05 of this subtitle, or violates the terms of any permit shall be fined not more than $1,000 or be imprisoned not more than 1 year, or both.
Warrants, searches and seizures, arrests
(b) Any Natural Resources police officer or any law enforcement officer may conduct searches as provided by law, and execute a warrant to search for and seize any equipment, business records, merchandise, wildlife, or plants taken, used, or possessed in connection with a violation of any subsection. Any Natural Resources police officer or law enforcement officer, without a warrant, may arrest any person who the officer has probable cause to believe is violating, in the officer's presence or view, this subtitle or any regulation or permit provided for by this subtitle. Any Natural Resources police officer or law enforcement officer who has made an arrest of a person in connection with any violation may search the person, premises, or business records at the time of arrest and may seize any wildlife, plants, records, or property taken, or used in connection with any violation.
Regulations relating to seizure or forfeiture of equipment, merchandise, wildlife or plants
(c) Equipment, merchandise, wildlife, plants or records seized under the provisions of subsection (b) of this section shall be held by any Natural Resources police officer or law enforcement officer pending disposition of court proceedings, and after disposition of court proceedings shall be forfeited to the State for destruction or disposition as the Secretary may deem appropriate. Prior to forfeiture the Secretary may direct the transfer of wildlife or plants so seized to a qualified zoological, botanical, educational, or scientific institution for safekeeping, costs to be assessable to the defendant. The Secretary may issue regulations to implement this section.
Citation: MD Code, Natural Resources, § 10-2A-07.
Importation or entry into State of wildlife or plant
(a) The provisions of this subtitle do not prohibit:
(1) Importation into the State of wildlife or plants which may be lawfully imported into the United States or lawfully taken and removed from another state; or
(2) Entry into this State or the possession, transportation, exportation, processing, sale, offer for sale, or shipment of any wildlife or plant which is designated an endangered or threatened species in this State but not in the state where originally taken, if the person engaging in the activity demonstrates by substantial evidence that the wildlife or plant was lawfully taken and lawfully removed from the state of origin.
Construction with Endangered Species Act
(b) This section does not permit the possession, transportation, exportation, processing, sale, offer for sale or shipment within the State of species of wildlife or plants determined, pursuant to the Endangered Species Act, to be an endangered or threatened species, except as permitted by § 10-2A-05 of this subtitle.
Citation: MD Code, Natural Resources, § 10-2A-08.
When the Secretary removes the moratoriums on the taking, possession, sale, and transporting of striped bass or rockfish, the Secretary:
(1) Shall allow sport fishermen and commercial fishermen to take, possess, sell, and transport striped bass or rockfish; but
(2) May not remove the moratoriums for sport fishermen or commercial fishermen without removing the same moratoriums for the other group of fishermen.
Citation: MD Code, Natural Resources, § 4-2A-05.1.
Fines, imprisonment
(a) Any person who violates the provisions of § 4-2A-05 of this subtitle, or fails to procure any permit required by § 4-2A-05 of this subtitle, or who violates the terms of any permit shall be fined not more than $1,000 or be imprisoned not more than one year, or both.
Searches and seizures
(b) Any Natural Resources police officer or any law enforcement officer may conduct searches as provided by law, and execute a warrant to search for and seize any equipment, business records, merchandise, fish taken, used or possessed in connection with a violation of any subsection. Any Natural Resources police officer or law enforcement officer, without a warrant, may arrest any person who the officer has probable cause to believe is violating, in his presence or view, this subtitle, any rule or regulation, or permit provided for by this subtitle. Any Natural Resources police officer or law enforcement officer who has made an arrest of a person in connection with any violation may search the person, premises, or business records at the time of arrest and may seize any fish, records, or property taken, or used in connection with any violation.
Seized items
(c) Equipment, merchandise, fish or records seized under the provisions of subsection (b) of this section shall be held by any Natural Resources police officer or law enforcement officer pending disposition of court proceedings, and thereafter shall be forfeited to the State for destruction or disposition as the Secretary may deem appropriate. Prior to forfeiture the Secretary may direct the transfer of fish so seized to a qualified zoological, educational, or scientific institution for safekeeping, costs to be assessable to the defendant. The Secretary may issue rules and regulations to implement this section.
Citation: MD Code, Natural Resources, § 4-2A-07.
Imports, entry of fish into State
(a) Except as provided in subsection (b) of this section, the provisions of this subtitle do not prohibit:
(1) Importation into the State of fish which may be lawfully imported into the United States or lawfully taken and removed from another state;
(2) Entry into this State or the possession, transportation, exportation, processing, sale, offer for sale, or shipment of any fish which is designated an endangered or threatened species in this State but not in the state where originally taken, if the person engaging in the activity demonstrates by substantial evidence that the fish was lawfully taken and lawfully removed from the state of origin; or
(3) Entry into this State or the possession, transportation, exportation, processing, sale, offer for sale, or shipment of fish which are lawfully purchased for, or which are products of, authorized aquaculture operations in nontidal ponds, lakes, or impoundments, provided the fish are identified as such in accordance with regulations adopted under § 4-11A-02 of this title.
Striped bass, rockfish
(b)
(1)
(i) This paragraph does not apply to striped bass or rockfish, including hybrids, which are lawfully purchased for, or which are products of authorized aquaculture operations in nontidal ponds, lakes, or impoundments, provided the fish are identified as such in accordance with regulations adopted under § 4-11A-02 of this title.
(ii) If the species of fish known as striped bass or rockfish, including hybrids thereof, is listed as threatened or endangered pursuant to the provisions of this subtitle, all prohibitions of this subtitle shall apply to any striped bass or hybrid located within the State whether or not the fish may have been taken lawfully in another state, except as authorized in this subsection.
(2) A person may possess striped bass or hybrids from another state while transporting them through this State for sale in another state if the person can demonstrate by substantial evidence that the fish were lawfully taken and removed from the state of origin.
(3) A person who possesses a valid license to deal in finfish under § 4-702 of this title may possess, store, and process striped bass or hybrids of striped bass lawfully taken in another state or in waters within the jurisdiction of the Potomac River Fisheries Commission, in conjunction with transporting them through this State for sale in another state.
Endangered Species Act (c)
This section does not permit the possession, transportation, exportation, processing, sale, offer for sale or shipment within this State of species of fish determined, pursuant to the Endangered Species Act, to be an endangered or threatened species except as permitted by § 4-2A-05 of this subtitle.
Citation: MD Code, Natural Resources, § 4-2A-08.
The Department shall adopt regulations allowing the catching of hybrids of striped bass under certain conditions in freshwater impoundments in the State as long as, during the time any moratorium on the taking and sale of striped bass is in effect under the Endangered Species of Fish Conservation Act, the regulations also prohibit the sale in the State for any purpose of the hybrids of striped bass that are caught under the authority of the regulations.
Citation: MD Code, Natural Resources, § 4-2A-08.1.