SECTION 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.

Source Note: The provisions of this §58.209 adopted to be effective June 1, 1998, 23 TexReg 5727; amended to be effective March 27, 2006, 31 TexReg 2693