31 Tex. Admin. Code § 58.209 - License Suspension and Revocation
(a)
The executive director, after notice and the opportunity for a hearing, may
suspend a commercial crab fisherman's license if the license holder and all
other operators of the vessel operated for the purposes of commercial crab
fishing, in the aggregate, are convicted of two or more flagrant offenses. The
suspension shall be for:
(1) six months, if:
(A) the date of each offense is within any
12-consecutive-month period; and
(B) the license holder has not previously had
a commercial crab fisherman's license suspended under this section;
or
(2) 12 months, if the
date of each offense is within any 12-consecutive-month period and the license
holder has previously had a commercial crab fisherman's license suspended under
this section.
(b)
License Renewal after Suspension:
(1) Except
as provided by subsection (c) of this section, a license suspension under this
section does not affect the license holder's eligibility to renew the license
after the suspension expires.
(2)
The holder of a license that has been suspended may not apply for a renewal of
the license during the period of suspension.
(c) The executive director, after notice and
the opportunity for a hearing, may permanently revoke a commercial crab
fisherman's license if:
(1) the license
holder has previously had a commercial crab fisherman's license suspended twice
under this section; and
(2) the
license holder and all other operators of the vessel operated for the purposes
of commercial crab fishing, in the aggregate, are subsequently convicted of two
or more flagrant offenses in any 12-consecutive-month period beginning not
earlier than the date of the beginning of the most recent suspension under this
section.
(d) For
purposes of this section, a flagrant offense includes:
(1) removing crab traps from the water or
removing crabs from crab traps 30 minutes before or 30 minutes after legal
crabbing hours prescribed by a proclamation of the commission;
(2) fishing crab traps in a restricted area
as set forth in § 65.78 of this title (relating to Crabs and Ghost
Shrimp);
(3) fishing crab traps in
excess of legal trap numbers prescribed by a proclamation of the
commission;
(4) fishing for crabs
without obtaining the appropriate license prescribed in this subchapter;
or
(5) theft of crabs or crab
traps.
Notes
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