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This entry was published on 2014-09-22
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SECTION 71-0927
Mandatory license revocation
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 9
§ 71-0927. Mandatory license revocation.

1. Anyone convicted of violating the prohibition against harvesting,
taking, possessing or transporting shellfish under facts and
circumstances meeting the criteria for imposition of sanctions pursuant
to subdivision 3 of section 71-0924; or anyone convicted two or more
times within five years of violating the prohibition against harvesting,
taking, possessing or transporting shellfish under facts and
circumstances meeting the criteria for imposition of sanctions pursuant
to subdivision 2 of section 71-0924, or of violating subdivision 1 or 2,
paragraph e or f of subdivision 3, subdivision 6, 8, 9, 10, 11, or 13 of
section 13-0309, section 13-0317, subdivision 2 of section 13-0323,
section 13-0325, subdivision 3 or 5 of section 13-0327, or section
13-0344 of this chapter shall have his license to take and land
shellfish revoked and shall not be relicensed for a minimum of five
years thereafter, in addition to any other sanction imposed pursuant to
this article.

1-a. Anyone convicted two or more times within five years of violating
subdivision 4, 5 or 7 of section 13-0333 of this chapter shall have his
license to take and land menhaden revoked and shall not be relicensed
for a minimum of five years thereafter, in addition to any other
sanction imposed pursuant to this article.

2. Anyone convicted of unlawfully harvesting, taking, possessing or
transporting any marine fish, shellfish or crustacea under facts and
circumstances meeting the criteria for imposition of sanctions pursuant
to subdivision 3 of section 71-0924; or anyone convicted two or more
times within five years of unlawfully harvesting, taking, possessing or
transporting any marine fish, shellfish or crustacea under facts and
circumstances meeting the criteria for imposition of sanctions pursuant
to subdivision 2 of section 71-0924, or of violating subdivision 1,
paragraph c of subdivision 2, subdivision 5, 6, 7 or 9 of section
13-0329, or section 13-0344 of this chapter shall have his license to
take and land lobsters revoked and shall not be relicensed for a minimum
of five years thereafter, in addition to any other sanction imposed
pursuant to this article.

3. Any person convicted of violating the prohibition against
harvesting, taking, possessing or transporting any marine food fish
under facts and circumstances meeting the criteria for imposition of
sanctions pursuant to subdivision 3 of section 71-0924; or any person
convicted two or more times within five years of violating the
prohibition against harvesting, taking, possessing or transporting any
marine food fish under facts and circumstances meeting the criteria for
imposition of sanctions pursuant to subdivision 2 of section 71-0924, or
of violating section 13-0344 of this chapter, shall have his license to
take and land marine food fish revoked and shall not be licensed for a
minimum of five years thereafter, in addition to any other sanctions
imposed pursuant to this article.

4. The provisions of this section shall be in addition to the ability
of the department to suspend licenses pursuant to section 13-0309,
13-0311 or 13-0329 of this chapter or any other provision of law.
Revocations pursuant to this section shall be automatic upon the second
conviction and shall not require any hearing for the revocation.

5. For the purposes of this section, convictions shall only include
convictions for violations of this chapter and shall not include
convictions for violation of department regulations promulgated pursuant
to this chapter. Conviction shall also not include an admission of guilt
through stipulation or a consent order or a compromise of civil penalty
under section 71-0519 of this article.

6. Any person who has had his license revoked pursuant to subdivision
1 or 2 of this section may, more than sixty days subsequent to such
revocation, apply to the commissioner for a reinstatement of such
license. The commissioner may reinstate such revoked license for such
period as determined by the commissioner and upon such conditions deemed
appropriate and necessary to protect the public health and natural
resources of the state, including, but not limited to the posting of
bond.