Texas § PW.47.080 - LICENSE SUSPENSION AND REVOCATION

§ PW.47.080. LICENSE SUSPENSION AND REVOCATION

LICENSE SUSPENSION AND REVOCATION. (a) The executive director, after notice to a license holder and the opportunity for a hearing, may suspend a commercial finfish fisherman's license if: (1) the license holder or any other authorized operator of the licensed vessel is convicted of one or more flagrant offenses totaling three flagrant offenses involving the licensed vessel; or (2) the license holder is convicted of theft of fishing gear or product associated with this subchapter. (b) A suspension under this section may be for: (1) six months, if: (A) each of the three flagrant offenses occurred within a 24-consecutive-month period beginning not earlier than September 1, 2000; and (B) the license holder has not previously had a license suspended under this section; (2) 12 months, if each of the three flagrant offenses occurred within a 24-consecutive-month period and the license holder has previously had a license suspended under this section; or (3) six months, if the license holder is convicted of theft of fishing gear or product associated with this subchapter. (c) The executive director, after notice and the opportunity for a hearing, may permanently revoke a license issued under this subchapter if: (1) the license holder has previously had a license suspended twice under this section, and the license holder or any other authorized operator of the licensed vessel is convicted of three flagrant offenses involving the licensed vessel in a 24-consecutive-month period; or (2) the license holder is convicted of theft of fishing gear or product associated with this subchapter, and the license holder has had a license suspended previously under this section. (d) The same flagrant offense may not be counted for more than one suspension under this section. (e) For purposes of this section, a flagrant offense includes: (1) theft of trotlines or finfish, or any other fishing gear or product associated with this subchapter; (2) exceeding daily bag and possession limits in violation of this code or of a proclamation of the commission issued under this code; (3) exceeding trotline length limits by a length greater than 10 percent in violation of this code or of a proclamation of the commission issued under this code; (4) selling crabs in violation of this code; (5) exceeding the number of trotlines the holder of a commercial finfish fisherman's license may use in violation of this code or of a proclamation of the commission issued under this code; or (6) taking, attempting to take, or possessing fish caught in public waters of this state by any device, means, or method other than as authorized under this code or by a proclamation of the commission issued under this code. Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1, 1999.