NY Env Conserv L § 71-0927 (2021)
2021 New York Laws ENV - Environmental Conservation Article 71 - Enforcement Title 9 - Enforcement of Articles 11 and 13--the Fish and Wildlife Law 71-0927 - Mandatory License Revocation.

§ 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.