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Law Enforcement Officers of the State of Maryland Authorized to Issue Citat

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Law Enforcement Officers of the State of Maryland Authorized to Issue Citat JOHN P. MORRISSEY DISTRICT COURT OF MARYLAND 580 Taylor Avenue Chief Judge Suite A-3 Annapolis, Maryland 21401 Tel: (410) 260-1525 Fax: (410) 974-5026 December 29, 2017 TO: All Law Enforcement Officers of the State of Maryland Authorized to Issue Citations for Violations of the Natural Resources Laws The attached list is a fine or penalty deposit schedule for certain violations of the Natural Resources laws. The amounts set out on this schedule are to be inserted by you in the appropriate space on the citation. The defendant in such cases, who does not care to contest guilt, may prepay the fine in that amount. The fine schedule is applicable whether the charge is made by citation, a statement of charges, or by way of criminal information. For some violations, a defendant must stand trial and is not permitted to prepay a fine or penalty deposit. Additionally, there may be some offenses for which there is no fine listed. In both cases you should check the box which indicates that the defendant must appear in court on the offense. I understand that this fine schedule has been approved for legal sufficiency by the Office of the Attorney General, Department of Natural Resources. This schedule has, therefore, been adopted pursuant to the authority vested in the Chief Judge of the District Court by the Constitution and laws of the State of Maryland. It is effective January 1, 2018, replacing all schedules issued prior hereto, and is to remain in force and effect until amended or repealed. No law enforcement officer in the State is authorized to deviate from this schedule in any case in which he or she is involved. Your cooperation is appreciated. Very truly yours, John P. Morrissey Chief Judge District Court of Maryland Attachment (Rev. 01/2018) DCAR XVIII Natural Resources Fine Schedule Effective January 1, 2018 The prepayable fine amounts listed below are to be utilized by all law enforcement officers and District Court Commissioners when issuing charging documents in the District Court which charge a violation of any of the provisions of the Natural Resources laws listed below. The fine listed below is mandatory and cannot be altered by the officer or a commissioner. If no prepayable fine amount is listed for a statutory or regulatory section, the charging document must require the defendant to appear. If a violator is charged with a second or subsequent violation, the charging document shall require the defendant to appear. Court costs are included in the prepayable fine amount listed below, but not in the maximum penalty amount. This schedule is effective January 1, 2018. OFFENSE PREPAYABLE DESCRIPTION MAXIMUM PENALTY CODE FINE AMOUNT Because most of these violations are not petty offenses, charging document shall be by a statement of charges to be served by summons or warrant. For sections that have a fine of Criminal Law Articles $500 or less and/or incarceration of 3 months or less, charging document may be citation. (For CR violations the wording of the charging document should be copied from Part II Note: of the Commissioner's Manual.) 1000 individual CR § 10-621 Import, Sale, trade, barter, possess, breed or exchange of dangerous animals. Must Appear 10000 non-individual CR § 7-203 Unauthorized Operation of Boat or removal of property Must Appear 100 and/or 4 years CR § 10-110(f)(2)(iii) Littering - over 500 lbs or 216 cubic feet or in any amount for commercial gain Must Appear 30000 and/or 5 years Littering more than 100 pounds or 27 cubic feet but not exceeding 500 pounds or CR § 110(f)2(ii) Must Appear 12,500 and/or 1 year 216 cubic feet and not for commercial gain CR § 10-110(f)(2)(i) Littering - less than 100 lbs or 27 feet and no commercial gain Must Appear 1500 and/or 30 days CR § 6-402 Trespass on Posted Property Must Appear 500 and/or 90 days Operating aVehicle or Off-Road Vehicle on Private Property Without Written CR § 6-404 Must Appear 500 and/or 90 days Permission CR § 6-405 Operating an Off-Road Vehicle on Public Property Without Permission Must Appear 500 and/or 90 days CR § 6-406 Trespass on Cultivated Land Must Appear 500 and/or 90 days CR § 6-407 Trespass on Racetrack Stable After Being Told They Are Not Allowed Must Appear 500 and/or 90 days CR § 6-408 Trespass for the Purposes of Invading Privacy Must Appear 500 and/or 90 days NATURAL RESOURCES ARTICLE TITLE 1 DEPARTMENT OF NATURAL RESOURCES 1-206 Failure to Comply with Lawful Police Order Must Appear 500 and/or 3 months 1-207 Impersonating An Officer Must Appear 500 and/or 3 months TITLE 4 FISH AND FISHERIES NOTE: NR 4-205.1(I) ALLOWS FOR THE FOLLOWING ADDITIONAL PENALTIES (ABOVE THOSE LISTED IN THE MAXIMUM PENALTY COLUMN) FOR A VIOLATION OF ANY PROVISION OF TITLE 4 OR REGULATIONS ADOPTED PURSUANT TO TITLE 4 CONCERNING AQUATIC NUISANCE ORGANISMS: UPON CONVICTION A PERSON IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 30 DAYS OR A FINE NOT EXCEEDING $2500 FOR 1ST OFFENSE NOT TO EXCEED $25,000 PER OFFENSES ARISING OUT OF THE SAME ENFORCEMENT ACTION. NOTE: NR 4-1201(d)(1) allows for the following additional penalties (above those listed in the Maximum Penalty column) for a violation of any provision of Title 4 or regulations adopted pursuant to Title 4 concerning the taking of or creel limits for striped bass (rockfish): 1st offense $1500 per fish 2nd offense within 2 years $2500 per fish and revocation of fishing license for one to two years 3rd offense within 4 year period $2500 per fish and revocation of fishing license for two to five years 4-1201(d)(2) Additional penalty of certain violation results in capture of over $20,000 of striped bass - 2 years imprisonment. NOTE: NR 4-1201(F) ALLOWS FOR THE FOLLOWING ADDITIONAL PENALTIES (ABOVE THOSE LISTED IN THE MAXIMUM PENALTY COLUMN) FOR A VIOLATION OF ANY PROVISION OF TITLE 4 OR REGULATIONS ADOPTED PURSUANT TO TITLE 4 CONCERNING THE TAKING OF OYSTERS FROM A DESIGNATED OYSTER SANCTUARY OR OYSTER RESERVE, OYSTER LEASE, OR CLOSED AREA: A FINE NOT EXCEEDING $3000 NOTE: NR 4-1201(H) allows for, in addition to any other penalty or fine provided in this title, any person who commits a separate commercial fishing violation while their license or authorization is suspended or revoked or engages in commercial fishing activity w/out holding the appropriate license or authorization to be subject to a fine not exceeding $25,000 and/or 1 year imprisonment. NOTE: NR 4-1207 allows for an addition to any other penalty or fine provided in this title, any person who is convicted of violating any provision of this title or any regulation adopted under the authority of this title may have the license under which the person operated in the commission of the violations suspended or revoked by the court. Interfere with any individual engaged in the abatement or summary abatement of 2500 and/or 30 days per offense not to exceed 25,000 for same 4-205.1(h)(1) 650 a state of nuisance enforcement action Refuse allow authorized individual to enter any property for purpose of abating a 4-205.1(h)(2) 650 1st/1000; 2nd/2000 and/or 1 year state of nuisance 4-206(b) Failure of Packer to Keep Accurate Records 650 1st/1000; 2nd/2000 and/or 1 year 4-206(b) Failure of Packer to Make Required Reports 650 1st/1000; 2nd/2000 and/or 1 year Failure of all licensees to make required reports the Dept requires on forms the 4-206(c) 325 1st/1000; 2nd/2000 and/or 1 year Dept provides 4-210(a) Unlicensed Commercial Fishing Guide 650 1st/1000; 2nd/2000 and/or 1 year Commercial Fishing Guide - Failure to obtain required federal licenses in Tidal 4-210(b) 650 1st/1000; 2nd/2000 and/or 1 year Water. Commercial Fishing Guide - Failure to have state and federal licenses in 4-210(c) 55 1st/1000; 2nd/2000 and/or 1 year possession in tidal water Commercial Fishing Guide - Failure to submit monthly reports to the Dept in 4-210(d) 325 1st/1000; 2nd/2000 and/or 1 year tidal water. Limited fishing guide accepting consideration for service when guided do not 4-210(g)(2) 55 1st/1000; 2nd/2000 and/or 1 year possess proper licenses (Catching, possessing) striped bass in the tidal waters by rec angler under 4-210(g)(3)(i) 250 1st/1000; 2nd/2000 and/or 1 year guidance of limited fishing guide. (Catching, possessing) striped bass in tidal waters by rec angler guided by 4-210(g)(3)(i) 500 1st/1000; 2nd/2000 and/or 1 year limited fishing guide (2 fish) (Catch, possess) striped bass in tidal waters - rec angler guided by limited 4-210(g)(3)(i) Must Appear 1st/1000; 2nd/2000 and/or 1 year fishing guide (3 or more fish) From 3/1 - 5/31, (catch or attempt to catch) striped bass in spawning 4-210(g)(3)(ii) 250 1st/1000; 2nd/2000 and/or 1 year (areas, rivers) by rec angler under guidance of limited fishing guide (Catch, Attempt to catch) striped bass - spawning (areas, rivers) - rec 4-210(g)(3)(ii) 500 1st/1000; 2nd/2000 and/or 1 year guided by limited fishing guide (2 fish) (Catch, Attempt to catch) striped bass - spawning (areas, rivers) - rec 4-210(g)(3)(ii) Must Appear 1st/1000; 2nd/2000 and/or 1 year guided by limited fish guide (3 or more fish) 4-210.1(a) Unlicensed Commercial Fishing Guide 650 1st/1000; 2nd/2000 and/or 1 year 4-210.1(b)(3) Fail to possess necessary fishing licenses and stamps (Fishing Guide) 55 1st/1000; 2nd/2000 and/or 1 year 4-210.1(f) Use of Freshwater Fishing Guide License in unapproved tidal waters 650 1st/1000; 2nd/2000 and/or 1 year Possessing striped bass rec angler guided by freshwater fishing guide in 4-210.1(g)(1)(i) 250 1st/1000; 2nd/2000 and/or 1 year tidal water (1 fish) Possessing striped bass - rec angler guided by freshwater fishing guide
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