DISTRICT COURT OF MARYLAND. December 29, 2017

Transcription

1 JOHN P. MORRISSEY Chief Judge DISTRICT COURT OF MARYLAND December 29, Taylor Avenue Suite A-3 Annapolis, Maryland Tel: (410) Fax: (410) 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January 1, 2018, replacing all schedules issued prior hereto, and is to remain in force and effect until amended or repealed.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)

2 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, OFFENSE CODE DESCRIPTION PREPAYABLE FINE AMOUNT MAXIMUM PENALTY Criminal Law Articles Note: 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 $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 of the Commissioner's Manual.) CR Import, Sale, trade, barter, possess, breed or exchange of dangerous animals individual non-individual CR Unauthorized Operation of Boat or removal of property 100 and/or 4 years CR (f)(2)(iii) Littering - over 500 lbs or 216 cubic feet or in any amount for commercial gain and/or 5 years CR 110(f)2(ii) Littering more than 100 pounds or 27 cubic feet but not exceeding 500 pounds or 216 cubic feet and not for commercial gain 12,500 and/or 1 year CR (f)(2)(i) Littering - less than 100 lbs or 27 feet and no commercial gain 1500 and/or 30 days CR Trespass on Posted Property 500 and/or 90 days CR Operating avehicle or Off-Road Vehicle on Private Property Without Written Permission 500 and/or 90 days CR Operating an Off-Road Vehicle on Public Property Without Permission 500 and/or 90 days CR Trespass on Cultivated Land 500 and/or 90 days CR Trespass on Racetrack Stable After Being Told They Are Not Allowed 500 and/or 90 days CR Trespass for the Purposes of Invading Privacy 500 and/or 90 days NATURAL RESOURCES ARTICLE TITLE 1 DEPARTMENT OF NATURAL RESOURCES Failure to Comply with Lawful Police Order 500 and/or 3 months Impersonating An Officer 500 and/or 3 months

3 TITLE 4 FISH AND FISHERIES NOTE: NR (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 (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 (d)(2) Additional penalty of certain violation results in capture of over $20,000 of striped bass - 2 years imprisonment. NOTE: NR (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 (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 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 (h)(1) (h)(2) Interfere with any individual engaged in the abatement or summary abatement of a state of nuisance Refuse allow authorized individual to enter any property for purpose of abating a state of nuisance and/or 30 days per offense not to exceed 25,000 for same enforcement action (b) Failure of Packer to Keep Accurate Records (b) Failure of Packer to Make Required Reports (c) Failure of all licensees to make required reports the Dept requires on forms the Dept provides (a) Unlicensed Commercial Fishing Guide (b) 4-210(c) Commercial Fishing Guide - Failure to obtain required federal licenses in Tidal Water. Commercial Fishing Guide - Failure to have state and federal licenses in possession in tidal water

4 4-210(d) 4-210(g)(2) 4-210(g)(3)(i) 4-210(g)(3)(i) 4-210(g)(3)(i) 4-210(g)(3)(ii) 4-210(g)(3)(ii) 4-210(g)(3)(ii) Commercial Fishing Guide - Failure to submit monthly reports to the Dept in tidal water. Limited fishing guide accepting consideration for service when guided do not possess proper licenses (Catching, possessing) striped bass in the tidal waters by rec angler under guidance of limited fishing guide. (Catching, possessing) striped bass in tidal waters by rec angler guided by limited fishing guide (2 fish) (Catch, possess) striped bass in tidal waters - rec angler guided by limited fishing guide (3 or more fish) From 3/1-5/31, (catch or attempt to catch) striped bass in spawning (areas, rivers) by rec angler under guidance of limited fishing guide (Catch, Attempt to catch) striped bass - spawning (areas, rivers) - rec guided by limited fishing guide (2 fish) (Catch, Attempt to catch) striped bass - spawning (areas, rivers) - rec guided by limited fish guide (3 or more fish) (a) Unlicensed Commercial Fishing Guide (b)(3) Fail to possess necessary fishing licenses and stamps (Fishing Guide) (f) Use of Freshwater Fishing Guide License in unapproved tidal waters (g)(1)(i) (g)(1)(i) (g)(1)(i) (g)(1)(ii) (g)(1)(ii) (g)(1)(ii) Possessing striped bass rec angler guided by freshwater fishing guide in tidal water (1 fish) Possessing striped bass - rec angler guided by freshwater fishing guide in tidal water (2 fish) Possessing striped bass - rec angler guided by freshwater fishing guide in tidal water (3 or more fish) From 3/1-5/31, (catch or attempt to catch) striped bass in spawning (areas, rivers) under guidance of a freshwater fishing guide (Catch or Attempt to catch) striped bass - spawning (areas, rivers) - rec guided by freshwater fishing guide (2 fish) (Catch or Attempt to catch) striped bass - spawning (areas, rivers) - rec guided by freshwater guide (3 or more fish) (c) Failure to obtain Maryland Provisional Chesapeake Bay Charter Boat Permit (d) (f) Unauthorized person operating a vessel for charter fishing trips originating from tidal waters of VA Failure to have (state, federal) (license, permit) in possession when performing services operating a charter boat (a)(1) Failure to obtain a Taxidermist and Fur Tanning License for Finfish 95

5 4-211(d) 4-211(e)(1) Taxidermist and Fur Tanning Licensee failure to maintain records required by Dept (Finfish) Taxidermist and Fur Tanning Licensee failure to allow inspection of (premises, holding facilities) (Finfish) (e)(2) Taxidermist and Fur Tanning Licensee failure to allow inspections of finfish (e)(3) Taxidermist and Fur Tanning Licensee failure to allow inspections of Records (Finfish) (a) Failure to obtain a Collection Permit 4-220(c) Engaging in recreational fishing while licensee entitlement is suspended 4-2A-03(c) 4-2A-03(c) 4-2A-03(c) Take, possess, transport, export, process, sell, or offer for sale Fish in Need of Conservation (Take, possess, transport, export, process, sell, or offer for sale) Fish in Need of Conservation (2 fish) (Take, possess, transport, export, process, sell, or offer for sale) Fish in Need of Conservation (3 or more fish) A-05(c)(1) Endangered Fish Species - Export From State w/o Permit 4-2A-05(c)(2) Endangered Fish Species - Take w/o Permit 4-2A-05(c)(3) Endangered Fish Species - (Possess, process, sell, or offer for sale, deliver, carry, transport, or ship) w/o Permit 4-410(b) Trespassing on Fish Refuges or lands acquired for fish ponds or hatcheries Obstruction to Passage of Fish 4-502(a) Failure to Construct and Maintain Fish Ladder 4-502(b) Failure to file application with the Dept prior to constructing a dam on waters of the State Dynamiting Streams 300 and/or 3 years Threshing Streams Removing, Molesting, Disturbing or Destroying Fish, Nets or Gear Belonging to another person Interference With Fishing Nets, Stakes, or Personal Property (a)(1) Intentional Interference With Lawful Taking of Fish or Other Marine Life 125

6 (a)(2) Intentionally (Harass, Drive, or Disturb) any Fish for the Purpose of Disrupting Lawful Fishing Activity (a)(3) Intentionally (Block, Impede, Harass, or Disturb) a Person Lawfully Fishing (a)(4) (a)(5) Deny Passage by Creating or Erecting Barriers on Public or Private Property w/o Landowner Permission Intentionally Hinder Lawful Fishing Activity by Placing Obstacles or Objects in State Waters Obstruction to Fishery - Interference with Haul Seine Vessel, Float, or Boat Passing Knowingly, Wantonly, Maliciously, or as a Result of Gross Negligence Through Nets Marked, Set, or Being Hauled Actual Damages Suffered Plus Court Costs Use of Electronic Devices or Aircraft to Detect the Presence of Finfish 1000 and/or 1 year Interference with State Buoys, Markers or Monuments Fishing within 500 yards of an Occupied Migratory Waterfowl Blind Interference with commercial fishing equipment by boat 125 SUBTITLE 6 FISHING IN NON-TIDAL WATERS NOTE: See beginning of Title 4 violations for additional maximum penalties for violations involving striped bass (b) Fishing w/o an Angler's License (Resident) (b) Fishing w/o an Angler's License (Non-Resident) (e) Angler's License Application Violations (h)(2) Failure of Licensee to Sign Angler's License (h)(3) (Transferring, Presenting) Angler's License by Person other than Person to Whom License was Issued Duty to Possess and Show License (Non-Tidal) (b) Angler's License Agent - Failure to complete reports as required by Dept (c) Angler's License Agent - False statements 125, license-issuing privilege rescinded 4-614(a) Failure to Obtain Trout Stamp (Resident) (a) Failure to Obtain Trout Stamp (Non-Resident) 125

7 4-617(e)(b) 4-617(f)(c) 4-625(a) Restrictions on Fishing in Non-Tidal Waters - (White Shad, Hickory Shad, Herring) Taken by Means Other than Angliing Restrictions on Fishing in Non-Tidal Waters - Black Bass Catching by Means Other than Angliing Construct pier, wharf, dock, or any projection on Deep Creek Lake w/out permit from Dept SUBTITLE 7 FISH NOTE: See beginning of Title 4 violations for additional maximum penalties for violations involving striped bass (b)(4) Failure to Obtain a Tidal Fish License for Commercial Activity (e)(1) Failure to Obtain a Harvest Registration before catching fish for sale (g)(2) Failure to Pay Oyster Surcharge (o) Failure to Have Tidal Fish License Available for Inspection (o)(2)(ii) Failure of Tidal Fish License Transferee to allow inspections as required by Dept 4-701(p) 4-702(a) Fail to display Dept issued identification number on a vessel, vehicle, gear, or place of business (Buy, Sell, Ship, Transport, Deal) in finfish, crabs, or shellfish w/o a required license or authorization (c) Fail to have bait harvester permit from the Dept Catching Striped Bass w/o a License (Commercial) (a)(1) Commit violation when license or authorization is suspended or revoked 25,000 and/or 1 year 4-708(a)(2) Engage in activity requiring a license or authorization w/out holding that license or authorization 25,000 and/or 1 year 4-708(b) Setting Any Nets while License Suspended or Revoked 25,000 and/or 1 year Prohibited Methods of Fishing: See beginning of Title 4 violations for additional maximum penalties for violations involving striped bass (a)(1) Catching Finfish with Use of (Purse Net, Beam Trawl, Otter Trawl, Trammel Net, Troll Net, Drag Net) (Tidal) 4-710(a)(2) Catching Finfish with Use of (Gig, Gig Iron) for Commercial Purposes (Tidal) 4-710(b) Using Trawl Nets Within One Mile of Maryland Coast or w/out Appropriate License 1000 and/or 1 year 4-710(c)(1) Violation of Minimum Size of Mesh 650

8 4-710(c)(2) Violation of Minimum Size of Twine (c)(3) Violation of Maximum Size of Gill Net Mesh (d)(1) Use of monofilament gill net webbing to catch fish (d)(3)(i) Use of cast net with a radius greater than 10 feet 4-710(d)(3)(ii) Casting a cast net other than by hand 4-710(e) Unlawful Use of Anchored Gill Nets, Fykes, Hoops (f) Violation of Haul Seine Restrictions (g) Obstructing Drift Net Fishing (h) Violation of Multiple Hooks Retrictions (a) Pound and Fyke Nets - Length; Violation or Obstructing Navigation (b) Pound and Fyke Nets Violation of Distance Between Nets (c) Pound and Fyke Nets Violation of Interval Between Nets (d) Setting Pound and Fyke Nets Upon Waters Covering Leased Oyster Ground (e) Violation of Requirements of Marking Nets (f)(1) Violation of Length of Single Line of Net Stakes - Chesapeake Bay Lower (f)(2) Violation of Length of Single Line of Net Stakes - Chesapeake Bay Middle (f)(3) Violation of Length of Single Line of Net Stakes - Chesapeake Bay Upper (f)(4) 4-711(f)(5) Violation of Length of single Line of Net Stakes - Tributaries of Chesapeake Bay and Potomac River Violation of Length of single Line of Net Stakes - Atlantic Ocean and Coastal Bays (f)(6) Violation of Length of single Line of Net Stakes - Honga River (f)(7) Violation of Length of single Line of Net Stakes - Hoopers Straits 450

9 4-711(f)(8) Violation of Length of single Line of Net Stakes - Fishing Bay (f)(9) Violation of Length of single Line of Net Stakes - Nanticoke River (g) Violation of Stake Projection Requirements 4-711(h)(1)(i) Licensee Failing to Maintain Stakes (h)(1)(ii) Licensee Failing to Remove or Renew any stake that is unsound, broken or liable to go adrift (h)(2)(i) Allowing Stakes to Remain in Water more than 30 days after removal of net (h)(2)(ii) 4-711(h)(2)(iii) Allowing Stakes to Remain in Water more than 30 days after discontinuance of fishing Allowing Stakes to Remain in Water Between Jan 1 and Jan 31 w/o proper notice to Dept (a) Haul Seine - Failure to carry tidal fish license to catch finfish 4-713(b) Haul Seine - Dimensions Violation 4-713(c) Haul Seine - Dimensions Violation for Catching minnows 4-713(d) Haul Seine - Length of Brail Line Violation 4-713(e) Use of Haul Seine with more than one boat propelled by power; exceeding max length; improper use of power winch 4-713(f) Haul Seine - Emptying Seines Violation 4-713(g) Use of Haul Seine On leased Oyster Grounds w/out Lessee Permission 4-713(h)(1) Haul Seine - Use from midnight Friday until sunrise Monday 4-713(h)(2)(ii) Haul Seine - Violation of restrictions of Baltimore and Harford County 4-714(a) Violation of Fishing Restrictions - Anne Arundel County - Coxes', Furnace Branch and Marley Creeks (b)(1) Violation of Fishing Restrictions - Anne Arundel County - Magothy River (b)(2) Violation of Fishing Restrictions - Anne Arundel County - Little Magothy River (b)(3) Violation of Fishing Restrictions - Anne Arundel County - Bodkin Creek 125

10 4-714(b)(4) 4-714(c)(1) 4-714(c)(2) 4-714(d)(1) 4-714(d)(2) 4-714(d)(3) 4-714(e)(1)(i) 4-714(e)(1)(ii) 4-714(e)(1)(iii) 4-714(e)(1)(iv) 4-714(e)(1)(v) Violation of Fishing Restrictions - Anne Arundel County - Use of (eel pot, minnow trap, "D" bow frame net) Violation of Fishing Restriction-Anne Arundel Co-Severn River and Severn Run - (February, March, April) Violation of Fishing Restrictions-Anne Arundel County-Gear restriction Severn River Violation of Fishing Restrictions - Anne Arundel County - South River Pound Nets Violation of Fishing Restrictions - Anne Arundel County - South River Gill Net or Haul Seine Violation of Fishing Restrictions-Anne Arundel County-South River Equipment February, March, April Violation of Fishing Restrictions - Anne Arundel County Haul Seines - Herring Bay Violation of Fishing Restrictions - Anne Arundel County Haul Seines - South, Rhode and West River Violation of Fishing Restrictions - Anne Arundel County Haul Seines - Chesapeake Bay Violation of Fishing Restrictions - Anne Arundel County Haul Seines - Whitehall Creek Violation of Fishing Restrictions-Anne Arundel County Haul Seines - Meridith Creek and Lake Ogleton , , , , , (a)(1) Violation of Fishing Restrictions - Baltimore Co - Duck Season - Back River (a)(2) Violation of Fishing Restrictions - Baltimore Co - Duck Season - Bird River (a)(3) 4-715(a)(4) 4-715(a)(5) Violation of Fishing Restrictions - Baltimore Co - Duck Season - Dark Head Creek VIolation of Fishing Restrictions - Baltimore Co - Duck Season - Frog Mortar Creek Violation of Fishing Restrictions - Baltimore Co - Duck Season - Gunpowder River (a)(6) Violation of Fishing Restrictions - Baltimore Co - Duck Season - Hogpen Creek (a)(7) Violation of Fishing Restrictions - Baltimore Co - Duck Season - Middle River (a)(8) Violation of Fishing Restrictions - Baltimore Co - Duck Season - Norman Creek (a)(9) Violation of Fishing Restrictions - Baltimore Co - Duck Season - Seneca Creek (a)(10) Violation of Fishing Restrictions - Baltimore Co - Duck Season - (Seneca River, Saltpeter Creek, Dundee Creek) 125

11 4-715(a)(11) Violation of Fishing Restrictions - Baltimore Co - Duck Season - Stansbury's Creek (a)(12) Violation of Fishing Restrictions - Baltimore Co - Duck Season - Sue Creek (b) Violation of Fishing Restrictions - Baltimore Co - Setting Pound Net Back River (c) Violation of Fishing Restrictions - Baltimore Co - Bird River - November 1 to January (d) Violation of Fishing Restrictions - Baltimore Co - Dundee Creek - Use of Nets (e)(1) 4-715(f) Violation of Fishing Restrictions-Baltimore Co-Gunpowder River-Use of Nets May 15 to September 15 Violation of Fishing Restrictions - Baltimore Co - Middle River - Use of Nets March 1 to June (g) Violation of Fishing Restrictions - Baltimore Co - Sue's Creek - Use of Nets (a) 4-717(b) 4-717(c) 4-717(d) Violation of Fishing Restrictions - Cecil Co - Use of Pound or Stake Net in Susquehanna River Violation of Fishing Restrictions - Cecil Co - Use of Pound Nets in Certain Rivers. Violation of Fishing Restrictions-Cecil Co-Fishing in certain waters (before, during) duck season Violation of Fishing Restrictions-Cecil Co-Setting a Net w/in 200 yds of the beach of Turkey Point (a) Violation of Fishing Restrictions - Charles Co - Haul seine length Restrictions (b) 4-718(c) 4-719(a) 4-719(b) 4-719(c) 4-719(d) 4-719(e) Violation of Fishing Restrictions-Charles Co-Haul seines and gill nets for catching carp and catfish Violation of Fishing Restrictions-Charles Co-Nets restricted above Woodland Point in Wicomico River Violating Fishing Restrictions - Dorchester Co - Setting a Seine or put net in prohibited locations Violating Fishing Restrictions - Dorchester Co - Blackwater River - (patent twine weir, twine weir, pound net, hauling seine) Restrictions Violating Fishing Restrictions - Dorchester Co - Gill nets and distance Restrictions Violating Fishing Restrictions - Dorchester Co - Nanticoke River - pound nets, weirs, or hedges Violating Fishing Restrictions - Dorchester Co-Gear Restrictions-Goose Cr., Indian Cr Violating Fishing Restrictions in Cecil and Harford Counties 125

12 4-721(a) 4-721(b) 4-721(c)(1) 4-721(c)(2) 4-721(d) 4-721(e) Violating Fishing Restrictions - Harford County - (Haul seines, Stake nets) in Swan Creek and Gunpowder River Violating Fishing Restrictions - Harford County - Haul seines in Bush River prohibited Violating Fishing Restrictions - Harford County - Pound nets in Gunpowder and Bush Rivers Violating Fishing Restrictions - Harford County - Pound nets or fyke nets Bush River - Distance Violating Fishing Restrictions - Harford County - Pound or stake nets in Susquehanna River Violating Fishing Restrictions - Harford County - Gill nets in certain areas of Susquehanna River Violating Fishing Restrictions - Kent County - Pound nets (a) Violating Fishing Restrictions - St. Mary's County - Chaptico Bay and Wicomico River (b) Violating Fishing Restrictions - St. Mary's County - St. Catherine's Sound Violating Fishing Restrictions - Somerset County Violating Fishing Restrictions - Talbot County (a) Violating Fishing Restrictions - Worcester County - Stationary nets (b) Violating Fishing Restrictions - Worcester County - Haul or set seine (c) Violating Fishing Restrictions - Worcester County - Herring Creek (d) Violating Fishing Restrictions - Worcester County - Sinepuxent Bay (a)(2)(i) Setting a (fish pot, fyke net, connected line of fyke nets) within 500 ft of any other net or connected line of nets (a)(2)(ii) Setting fyke net or connected line of fyke nets that exceeds 1,500 ft in length (a)(2)(iii) 4-728(a)(3)(i) 4-728(a)(3)(ii) 4-728(a)(3)(iii) Setting a (fish pot, fyke net, connected line of fyke nets) more than one-fourth the distance across the Chesapeake Bay Setting any kind of net in the Chesapeake Bay nearer than 500 yds from any other net Setting any kind of net in the Chesapeake Bay with a total length of more than 550 yds Setting any kind of net at a greater distance than one-fourth the distance across the Chesapeake Bay

13 4-728(b) Setting any pound net or stake net in certain headwaters of the Chesapeake Bay (c)(1) Setting an anchored gill net in certain northern areas of the Chesapeake Bay (c)(2) 4-728(c)(3) (Setting, Fishing) any gill net within 1200 ft of the William Preston Lane, Jr Memorial Brdg, May 1 to Oct 31 (Setting, Fishing) any gill net in the Chesapeake Bay, excluding its tributaries, June 1 - Oct Violating Fishing Restrictions - Choptank River and Tributaries (a) Violating Fishing Restrictions - Patuxent River - Nets setting or construction (b) Violating Fishing Restrictions - Patuxent River - Seines or gill nets (c) Violating Fishing Restrictions - Patuxent River - Drifting gill nets (a)(1) 4-731(b) (Sell, Offer for sale, Transport across a boundary of the State) any striped bass w/o required documentation in possession Striped Bass - Purchasing from other than commercial fisherman, wholesaler or retailer of fish 650 1st/1500 per fish; 2nd/2500 per fish and/or 1 year 650 1,000 and/or 6 months 4-731(c) Striped Bass - Failure of striped bass purchaser to maintain required records 650 1st/1500 per fish; 2nd/2500 per fish and/or 1 year (a)(1) 4-734(a)(1) 4-734(a)(1) 4-734(a)(1) Possession of Fish Where (Size, Weight) Cannot Be Determined on a boat on tidal waters: >15 pounds of any fish with a (size, weight) limit (Offer to sell, Buy, Sell, Possess) improperly sized Black Bass, (Largemouth, Smallmouth) (1-2 Fish) (Offer to sell, Buy, Sell, Possess) Improperly Sized Black Bass, (Largemouth, Smallmouth) (3-4 Fish) (Offer to sell, Buy, Sell, Possess) Improperly Sized Black Bass, (Largemouth, Smallmouth) (5-10 Fish) (Offer to sell, Buy, Sell, Possess) Improperly Sized Black Bass, (Largemouth, Smallmouth) (11+ Fish) (a)(2) Offer to sell, buy or sell, or possess Improperly Sized Pike Fish (1-3 fish) (a)(2) Offer to sell, buy or sell, or possess Improperly Sized Pike Fish (4-10 fish) (a)(2) Offer to sell, buy or sell, or possess Improperly Sized Pike Fish (11+ fish) 4-734(a)(3) Offer to sell, buy or sell, or possess Improperly Sized Taylor Fish (1-3 fish) (a)(3) Offer to sell, buy or sell, or possess Improperly Sized Taylor Fish (4-6 fish) 200

14 4-734(a)(3) Offer to sell, buy or sell, or possess Improperly Sized Taylor Fish (7-10 fish) (a)(3) Offer to sell, buy or sell, or possess Improperly Sized Taylor Fish (11+ fish) 4-735(a) Violation of Fishing Restrictions - Chain Pickerel Creel Limit (1-3 fish) (a) Violation of Fishing Restrictions - Chain Pickerel Creel Limit (4-10 fish) (a) Violation of Fishing Restrictions - Chain Pickerel Creel Limit (11+ fish) 4-735(b) 4-735(b) 4-735(b) 4-735(c) 4-735(c) 4-735(c) 4-735(d) 4-735(d) 4-735(d) 4-736(b)(1) Fishing Restrictions - Chain pickerel - Closed season; (sale, possession) prohibited (1-3 fish) Fishing Restrictions - Chain pickerel - Closed season; (sale, possession) prohibited (4-10 fish) Fishing Restrictions - Chain pickerel - Closed season; (sale, possession) prohibited (11+ fish) Violation of Fishing Restrictions - Chain Pickerel Manner of Catching; Use of Seines (1-3 fish) Violation of Fishing Restrictions - Chain Pickerel Manner of Catching; Use of Seines (4-10 fish) Violation of Fishing Restrictions - Chain Pickerel Manner of Catching; Use of Seines (11+ fish) Violation of Fishing Restrictions - Chain pickerel - Transportation (into, out of) State (1-3 fish) Violation of Fishing Restrictions - Chain pickerel - Transportation (into, out of) State (4-10 fish) Violation of Fishing Restrictions - Chain pickerel - Transportation (into, out of) State (11+ fish) Violation of Fishing Restrictions - Catching Eels for sale in tidal waters w/o Tidal Fish License (d) Violation of Fishing Restrictions - Failure to make eel catch reports (a) Violation of Fishing Restrictions - Snapping Turtles - Charles County (a) 4-740(a) 4-740(a) 4-740(a) Violation of Fishing restrictions - Walleyed pike - Method of catching or season (1-3 fish) Violation of Fishing restrictions - Walleyed pike - Method of catching or season (4-6 fish) Violation of Fishing restrictions - Walleyed pike - Method of catching or season (7-10 fish) Violation of Fishing restrictions - Walleyed pike - Method of catching or season (11+ fish)

15 4-740(b) 4-740(b) 4-740(b) 4-740(b) Violation of Fishing restrictions - Walleyed pike - Transportation and possession (1-3 fish) Violation of Fishing restrictions - Walleyed pike - Transportation and possession (4-6 fish) Violation of Fishing restrictions - Walleyed pike - Transportation and possession (7-10 fish) Violation of Fishing restrictions - Walleyed pike - Transportation and possession (11+ fish) Domestic Animal on Commercial Shellfish Vessel (a)(1) Fishing w/o Sport Fishing License or Required Registration (Resident) (a)(1) Fishing w/o Sport Fishing License or Required Registration (Non-Resident) (a)(1) 4-745(a)(1) 4-745(d)(3)(i) Fishing w/o Chesapeake Bay and coastal sport fishing license or License in Possession (Resident) Fishing w/o Chesapeake Bay and coastal sport fishing license or License in Possession (Non-Resident) Failure to reg. before fishing in area that Chesapeake Bay and Coastal Sport License not required (b) Possess, sell, offer to sell, trade, or distribute a shark fin SUBTITLE 8 CRABS Landing Crabs caught in Worcester County waters out of State 4-804(a) Crabbing w/o a License: Commercial Crabbers (a) Picking, Canning, or Packing Crabs w/o a License 650 Use of crab pots in Dorchester and Somerset County waters 4-812(a) 4-812(a) 4-812(a) 4-812(a) 4-812(a) Use of crab pots in Dorchester and Somerset County waters - unauthorized areas (1-4 pots) Use of crab pots in Dorchester and Somerset County waters - unauthorized areas (5-14 pots) Use of crab pots in Dorchester and Somerset County waters - unauthorized areas (15-25 pots) Use of crab pots in Dorchester and Somerset County waters - unauthorized areas (26-40 pots) Use of crab pots in Dorchester and Somerset County waters - unauthorized areas (41 or more pots)

16 4-812(b) 4-812(b) 4-812(b) 4-812(b) 4-812(b) 4-812(c) 4-812(c) 4-812(c) 4-812(c) 4-812(c) 4-814(a) 4-814(a) 4-814(a) 4-814(a) 4-814(a) Use of crab pots in Dorchester / Somerset County waters - Tyler Creek on Smith Island Use of crab pots in (Dorchester, Somerset) County waters - Tyler Creek on Smith Island 6/16-3/31 (1-4 pots) Use of crab pots in (Dorchester, Somerset) County waters - Tyler Creek on Smith Island 6/16-3/31 (5-14 pots) Use of crab pots in (Dorchester, Somerset) County waters - Tyler Creek on Smith Island 6/16-3/31 (15-25 pots) Use of crab pots in (Dorchester, Somerset) County waters - Tyler Creek on Smith Island 6/16-3/31 (25-40 pots) Use of crab pots in (Dorchester, Somerset) County - Tyler Creek on Smith Island 6/16-3/31 (41 or more pots) Setting Crab Pots in the Dorchester County Waters of Hollands Straits Setting Crab Pots in the Dorchester County Waters of Hollands Straits (1-4 pots) Setting Crab Pots in the Dorchester County Waters of Hollands Straits (5-14 pots) Setting Crab Pots in the Dorchester County Waters of Hollands Straits (15-25 pots) Setting Crab Pots in the Dorchester County Waters of Hollands Straits (26-40 pots) Setting Crab Pots in the Dorchester County Waters of Hollands Straits (41 or more pots) Restrictions on Setting of Crab Pots - Commercial, More than 300 Violation on Restrictions on Setting of Crab Pots - Commercial, More than 300 (1-4 pots) Violation on Restrictions on Setting of Crab Pots - Commercial, More than 300 (5-14 pots) Violation on Restrictions on Setting of Crab Pots - Commercial, More than 300 (15-25 pots) Violation on Restrictions on Setting of Crab Pots - Commercial, More than 300 (26-40 pots) Violation on Restrictions on Setting of Crab Pots - Commercial, More than 300 (41 or more pots) Violation of Prohibition on Use of Bank Traps and Channel Pounds in St. Mary's County SUBTITLE 9 LOBSTER, TERRAPIN AND CONCH 4-902(a)(1) Possessing diamondback terrapin for commercial purpose (first offense) 500

17 4-902(a)(1) 4-902(a)(2) 4-902(a)(2) 4-902(b)(1) 4-902(b)(1) Possessing diamondback terrapin for commercial purpose (second or subsequent offense) Possessing more than 3 diamondback terrapin for noncommercial purpose (first offense) Possessing more than 3 diamondback terrapin for noncommercial purpose (second or subsequent offense) Catching diamondback terrapin w/o Immediate Return to the Water (first offense) Catching diamondback terrapin w/o Immediate Return to the Water (second or subsequent offense) Catching Conch w/o a License: Commercial 650 SUBTITLE 10 OYSTERS AND CLAMS (Catching, Attempting to catch) (clams, oysters) by (power dredge, hydraulic clam dredge, other mechanical means) in the Atlantic Coastal Bays (a)(1) Catching (oysters, clams) for commercial purposes w/o a license (a) (b) (b) (b) (b) (c) (f) Catching (oysters, clams) within 400 yards of the Federal Research Laboratory at Oxford Catching oysters/ clams) over pollution line on area closed by MDE Catching (oysters, clams) over pollution line on area closed by MDE (less than 50 feet) Catching (oysters, clams) over pollution line on area closed by MDE ( feet) Catching (oysters, clams) over pollution line on area closed by MDE ( feet) Catching (oysters, clams) over pollution line on area closed by MDE (250 feet or more) Catching oysters in Charles Co w/in 500 yards of (an occupied blind, a blind site) during migratory waterfowl season Using a (hydraulic clam dredge, bottom dredge, shinnecock rake) in a Submerged Aquatic Vegetation protection zone AND additional $3,000 if oysters 650 AND additional $3,000 if oysters 750 AND additional $3,000 if oysters AND additional $3,000 if oysters Shellfish Buying Station Violations (b) (b)(3) Introducing a nonnative oyster into State waters w/out a permit issued by the Dept Handscraping for oysters after noon in (Calvert, St. Mary's) County during 2 week extension of oyster season Up to $25,000 fine and/or up to 2 years 125

18 4-1009(a) (a) Taking seed oysters from the natural bars of the State during closed season (at times that were not designated, for more than one month per year) (Taking seed oysters in violation of a Dept regulation, Selling seed oysters to a person other than a leaseholder, Delivering seed oysters somewhere other than a lease) Exceeding a harvest limit in harvest reserve area (b)(2) Exceeding a harvest limit in harvest reserve area (1 bushel over) (b)(2) Exceeding a harvest limit in harvest reserve area (2-3 bushels over) (b)(2) Exceeding a harvest limit in harvest reserve area (4-7 bushels over) (b)(2) Exceeding a harvest limit in harvest reserve area (8 bushels over) (b)(3) (b)(4) (b)(4) (b)(4) (b)(4) (b)(4) (b)(5) (b)(5) (b)(5) (b)(5) (b)(5) Harvesting oysters outside of a season/day/time authorized for harvesting in a harvest reserve area Harvesting oysters outside of a (season, day, time) authorized for harvesting in a harvest reserve area Harvesting oysters in violation of the min size limit established for a HRA (6-9% per Bushel) Harvesting oysters in violation of the min size limit established for a HRA (10-14% per Bushel) Harvesting oysters in violation of the min size limit established for a HRA (15-24% per Bushel) Harvesting oysters in violation of the min size limit established for a HRA (25-49% per Bushel) Harvesting oysters in violation of the min size limit established for a HRA (50% or more per Bushel) Harvesting oysters in violation of the max size limit established for a HRA Harvesting oysters in violation of the max size limit established for a HRA (6-9% per Bushel) Harvesting oysters in violation of the max size limit established for a HRA (10-14% per Bushel) Harvesting oysters in violation of the max size limit established for a HRA (15-24% per Bushel) Harvesting oysters in violation of the max size limit established for a HRA (25-49% per Bushel) Harvesting oysters in violation of the max size limit established for a HRA (50% or more per Bushel) Possessing patent tong heads on board a boat when shaft tonging in (Queen Anne's, Wicomico, Kent) County waters

19 4-1012(a) Dredging oysters in Atlantic Coastal Bays or in off-limits areas of the Chesapeake Bay (a)(2) Owning or operating a dredge boat w/out a license (a)(3) Possessing a (scoop, handscrape, dredge, similar instrument, winch, spool, winder, other tackle used in dredging) on a dredge boat w/out (a permit to dredge on leased land, other permission of the Dept) (a)(4) Propelling a dredge boat by use of an auxiliary yawl boat on non-designated day (c) (d)(2) (Catching, permitting oysters to be caught) by (scoop, handscrape, dredge) from a leased area w/out (a permit from the Dept, written consent of the leaseholder) (Catching, attempting to catch) oysters on submerged lands that are (reserved for tongers, closed by the Dept) Exceeding oyster bushel limit (d)(6) Exceeding oyster bushel limit (1 bushel over) (d)(6) Exceeding oyster bushel limit (2-3 bushels over) (d)(6) Exceeding oyster bushel limit (4-7 bushels over) (d)(6) Exceeding oyster bushel limit (8 or more bushels over) (d)(7) Handscraping for oysters after 12 noon (e) Catching oysters with, or possessing, a dredge in violation of certain size restrictions (f) Possessing or permitting possession of certain firearms on board a dredge boat (c) Catching oysters in the Webster ground sanctuary, or any oyster sanctuary in Somerset County 650 AND additional $3, (b) Catching oysters in an oyster sanctuary in Calvert County 650 AND additional $3, (b) Catching oysters in an oyster sanctuary in St. Mary's County 650 AND additional $3, (b) Catching oysters in an oyster sanctuary in Dorchester County 650 AND additional $3,000 Possession of Unculled Oysters (Tonged/Scooped/Raked/Dredged): (b) Possession of Unculled Oysters (Tonged/Scooped/Raked/Dredged): 6-9% per Bushel 155

20 4-1015(b) (b) (b) (b) (c) Possession of Unculled Oysters (Tonged/Scooped/Raked/Dredged): 10-14% per Bushel Possession of Unculled Oysters (Tonged/Scooped/Raked/Dredged): 15-24% per Bushel Possession of Unculled Oysters (Tonged/Scooped/Raked/Dredged): 25-49% per Bushel Possession of Unculled Oysters (Tonged/Scooped/Raked/Dredged): 50% or more per Bushel Transporting or attempting to transport outside the State oysters measuring less than 3 inches Possession of Unculled Oysters (Diving Apparatus): (a) Possession of Unculled Oysters (Diving Apparatus): 6-9% per Bushel (a) Possession of Unculled Oysters (Diving Apparatus): 10-14% per Bushel (a) Possession of Unculled Oysters (Diving Apparatus): 15-24% per Bushel (a) Possession of Unculled Oysters (Diving Apparatus): 25-49% per Bushel (a) Possession of Unculled Oysters (Diving Apparatus): 50% or more per Bushel Exceeding oyster bushel limit using diving apparatus (b) Exceeding oyster bushel limit using diving apparatus (1 bushel over) (b) Exceeding oyster bushel limit using diving apparatus (2-3 bushels over) (b) Exceeding oyster bushel limit using diving apparatus (4-7 bushels over) (b) Exceeding oyster bushel limit using diving apparatus (8 or more bushels over) (a) (Having a fixed place of business for buying oysters, buying more than 25 bushels of oysters per year) w/out a license (b) Measuring oysters from shuckers with improper device (c) Selling shucked oysters by improper measure Failure to properly report the purchase or sale of oyster shells (b) Failure of licensed oyster dealer to reserve oyster shells

21 (e) (a) Catching oysters to convert the oysters or shell into (lime, chickenmeal, road construction materials) Failure to obtain permit and pay tax on oysters in the shell shipped out of the State Variable under NR (d) (b) Failure to pay severance tax on Maryland oysters Variable under NR (d) (a) (b) (c) (b)(2) Dredging in Pocomoke & Tangier sounds in violation of dredge type, number, or size restrictions Dredging in Pocomoke & Tangier sounds out of season or during a prohibited time Possession of oysters aboard any boat in Pocomoke or Tangier sounds while a drege is on board Catching hard-shell clams by hydraulic clam dredge or other mechanical means in Worcester County Catching hard-shell clams with patent tongs (between sunset and sunrise, on a Sunday) in Somerset County (b)(3) Catching hard-shell clams with patent tongs out of season in Somerset County (a) (b) (a) (a) Catching hard-shell clams in Maryland waters, outside of Worcester County, w/ a (shinnecock rake, similar device) Catching hard-shell clams in Worcester County within 300 ft of a (shore, wharf) w/out permission of the (shore, wharf) owner Catching hard-shell clams in Worcester County by (handscrape, shinnecock rake, hydraulic dredge, other mechanical means) from June 1 to September 15 Catching hard-shell clams by rake in Worcester County w/out a license from the Dept (Engaging in the business, shipping, selling) hard-shell clams from Maryland waters w/out a license Failure of hard-shell clam dealer to pay taxes Variable Landing hard-shell clams caught in Maryland waters out of State 125 Possession of Undersized Hard-Shell Clams: (b) Possession of Undersized Hard-Shell Clams: in possession (b) Possession of Undersized Hard-Shell Clams: in possession (b) Possession of Undersized Hard-Shell Clams: in possession 210

22 4-1031(b) Possession of Undersized Hard-Shell Clams: in possession (b) Possession of Undersized Hard-Shell Clams: in possession (b) Possession of Undersized Hard-Shell Clams: Over 50 in possession Violating a rule or regulation governing or relating to an aspect of the soft-shell clam fishery Failure to pay severance tax on soft-shell clams Variable Selling soft-shell clams of the species Mya arenaria caught by hydraulic dredge to a person w/out a soft-shell clam dealer's and shipper's license (1) Soft-Shell Clam Dredge Restrictions: Within 150 feet of a (natural oyster bar, leased area) 650 AND additional $3,000 if in leased area (1) Soft-Shell Clam Dredge Restrictions: On (natural oyster bar, leased area) 650 AND additional $3,000 if in leased area (2) Soft-Shell Clam Dredge Restrictions: W/in 1000 feet of an occupied duck blind (3) (4) (5)(i) (5)(ii) (5)(iii) (6) Soft-Shell Clam Dredge Restrictions: W/in 50 feet of bulkhead, structure, wharf, pier or piling Soft-Shell Clam Dredge Restrictions: (W/in 300 feet of a private bathing beach, w/in 1,000 feet of any private bathing beach from 5/1 to 9/30) Soft-Shell Clam Dredge Restrictions: W/in 50 feet of high watermark in (Queen Anne's, Talbot, Somerset) County Soft-Shell Clam Dredge Restrictions: W/in 300 feet of mean high shoreline in Dorchester County Soft-Shell Clam Dredge Restrictions: W/in 150 feet of mean high shoreline in (Anne Arundel, Calvert, St. Mary's, Kent) County Soft-Shell Clam Dredge Restrictions: W/in certain prohibited waters of Dorchester County (7) Soft-Shell Clam Dredge Restrictions: In the Atlantic Coastal Bays (a)(1) (a)(2) (a)(3) Soft-Shell Clam Dredge Restrictions: Within prohibited waters of Anne Arundel County Soft-Shell Clam Dredge Restrictions: Within prohibited waters of Queen Anne's County Soft-Shell Clam Dredge Restrictions: Within prohibited waters of Somerset County (a)(4) Soft-Shell Clam Dredge Restrictions: Within prohibited waters of Talbot County

23 4-1038(b) (a) Soft-Shell Clam Dredge Restrictions: In the waters of (Charles County, Wicomico County, the Atlantic Coastal Bays) Failure to raise clam dredge's conveyor above the water surface when (in, crossing) a restricted area (b) Possession of oysters aboard a soft-shell clam dredge boat (Catching, landing) (surf clams, ocean quahogs) w/out a license from the Dept Catching oysters on any area closed or reserved for propagation of oyster seed (a) (Destroying, damaging, injuring) (an oyster bar, a reef, a rock) or other area on a natural oyster bar that is not a leased area A-02(b) Engaging in aquaculture w/out a permit from the Dept 4-11A-02(c) Failure to allow Dept inspection of the permitee's aquaculture operation 4-11A-10(a)(1) Failure of leaseholder to comply with a standard for planting, harvesting, or use of the leased area 4-11A-10(a)(2) Failure of leaseholder to properly mark leased area 4-11A-10(a)(3) Failure of leaseholder to comply with Dept's marking requirements 4-11A-10(a)(4) Failure of leaseholder to comply with regs carrying out the National Shellfish Sanitation Program 4-11A-10(a)(5) Failure of leaseholder to pay rent or the aquaculture development surcharge 4-11A-10(c)(1) Placement of (shellfish, bags, nets, structures) on submerged aquatic vegetation A-10(c)(2) (Planting, Harvesting) shellfish w/in 500 yards of a (blind, blind site) occupied & being used for hunting waterfowl A-10(c)(3) Subleasing a lease 4-11A-10(c)(4) Transferring a lease w/out Dept approval 4-11A-10(c)(5) Harvesting shellfish between sunset and sunrise A-10(c)(6) Placing unlawfully harvested oysters on a leased area A-11(f)(2) 4-11A-13(b)(2) Harvesting shellfish for commercial or consumption purposes from a demonstration lease Importing or possessing shellfish from waters outside of Maryland for planting w/out Dept approval

24 4-11A-14(a)(2) Harvesting shellfish from a leased area in the Atlantic Coastal Bays using a hydraulic dredge A-14(c) Failure of a leaseholder to provide a required report to the Dept A-16(a) violations must be brought by the State's Attorney under of the Criminal Law Article 4-11A-16(b) Removing, altering, or destroying markers, shellfish, equipment, or structures on a leased area 4-11A-16(c) Using submerged land of the State while in default of a rent or fee payment 4-11A-16.1(c) Failure to display (a shellfish aquaculture harvester registration card, an operator card) for a leased area A-20(c) Operating a fee-fishing lake or pond w/out a permit A-21(a) (Breeding, Propagating, Selling) any species of (game, freshwater) fish in a pond or lake w/out a permit issued by the Dept A-21(b) Failing to submit required report concerning a fish breeding operation A-22 Trespassing to fish in privately owned artifical pond w/out owner's consent 125 TITLE 5 FOREST AND PARKS 5-103(b) Excess Cutting of trees or woody plants on State or Local Government Funded Project 250 1st/500; 2nd/1000 and/or 1 year 5-406(c) Removing or Trimming Roadside Tree w/o a Permit 250 1st/2,000; 2nd/ 5, (a) 5-412(b) Failure to possess a Bill of Sale While Transporting Certain Trees or Evergreen Shrubs Bill of Sale While Transporting Certain Trees or Evergreen Shrubs - Required Information Missing Identification of person to accompany shipment of Certain Trees or Evergreen Shrubs Failure to provide required Bill of Sale or Identification of Ownership to Law Enforcement Officer 55 1st/500; 2nd/1000 and/or 1 year 55 1st/500; 2nd/1000 and/or 1 year 50 1st/500; 2nd/1000 and/or 1 year 50 1st/500; 2nd/1000 and/or 1 year 5-417(a)(1) Operating a Tree Expert Business without a License 320 1st/500; 2nd/1000 and/or 1 year 5-417(b)(1) Tree Expert Failure to Provide Notice of changes to businesses operating under expert's license 320 1st/500; 2nd/1000 and/or 1 year 5-417(b)(2) Failure of a Tree Expert to Provide Notice of Any change to required insurance 320 1st/500; 2nd/1000 and/or 1 year 5-423(a) False Advertising or Soliciting by Unlicensed Tree Expert Business or Suspended or Revoked License 250 1st/500; 2nd/1000 and/or 1 year

25 5-423(c)(1) Tree Expert Advertising not listing license number 250 1st/500; 2nd/1000 and/or 1 year 5-423(c)(2) Tree Expert Advertising w/o a statement that tree services are limited to trees 20 ft tall or less 250 1st/500; 2nd/1000 and/or 1 year 5-504(a)(1) Failure to leave specified trees uncut for purpose of reseeding 250 1st/500; 2nd/1000 and/or 1 year 5-505(a) Failure to have an Approved Reforestation plan prior to cutting 250 1st/500; 2nd/1000 and/or 1 year 5-505(b) Failure to notify department prior to a cutting operation 250 1st/500; 2nd/1000 and/or 1 year 5-505(c) Failure by landowner to complete plan prior to a cutting operation 250 1st/500; 2nd/1000 and/or 1 year Cutting reserved tree or seedling in area on which cutting operation conducted 250 1st/500; 2nd/1000 and/or 1 year 5-608(a) Operating a Forest Product Business w/o a License 320 1st/500; 2nd/1000 and/or 1 year Destruction of Posted Signs Relating to Forest Fire Laws 125 1st/500; 2nd/1000 and/or 1 year 5-704(a) Malicious Setting of Fire to Woods, Brush, Grass, Grain, or Stubble No less than $250 nor more than 2000 and/or no less than 30 days nor more than 5 years (b) Negligently Setting Fire to Woods, Brush, Grass, Grain, or Stubble 250 1st/500; 2nd/1000 and/or 1 year 5-704(c) Failure to Report or Extinguish an Uncontrolled Forest or Brush Fire 125 1st/500; 2nd/1000 and/or 1 year 5-707(a) Duty of railroad to clear and maintain safety strips around outer rail of railroad tracks 125 1st/500; 2nd/1000 and/or 1 year Duty of landowner to clear safety strip around outer rail of railroad tracks 75 1st/500; 2nd/1000 and/or 1 year Failure to perform duties of property owners that abut railroad tracks concerning flammable material 125 1st/500; 2nd/1000 and/or 1 year Failure of engine or boiler to be provided with appliances to prevent fire 75 1st/500; 2nd/1000 and/or 1 year 5-720(b) Open Air Burning During Ban 300 1st/500; 2nd/1000 and/or 1 year (a)(1)(i) Breaking, Damaging, Disturbing, or Destroying surfaces or natural materials of a cave 250 1st/500; 2nd/1000 and/or 1 year (a)(1)(ii) Disturb or alter in any manner the natural condition of any cave 250 1st/500; 2nd/1000 and/or 1 year (a)(1)(iii) Break, force, tamper with or disturb a lock, gate, door or other obstruction to any cave 500 1st/500; 2nd/1000 and/or 1 year