Legislation
SECTION 11-0719
Revocation and suspension of licenses and of right to hunt, fish or trap without license
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 11, TITLE 7
§ 11-0719. Revocation and suspension of licenses and of right to hunt,
fish or trap without license.
1. a. In the circumstances described in paragraph b of this
subdivision the department may revoke any license, bowhunting privilege,
or muzzle-loading privilege, of any person, to hunt, fish or trap,
defined in section 11-0701 of this title or issued pursuant to any
provision of the Fish and Wildlife Law, or it may revoke all of such
licenses, bowhunting privileges, or muzzle-loading privileges. It may
also deny such person, for a period not exceeding five years, the
privilege of obtaining such license or licenses, bowhunting privilege,
or muzzle-loading privilege, or of hunting, trapping or fishing,
anywhere in the state with or without license, bowhunting privilege, or
muzzle-loading privilege, except as provided in subdivision 1 of section
11-0707 of this title or in section 11-0523 of this article. It may also
require that such person successfully complete a department-sponsored
course and obtain a certificate of qualification in responsible hunting
including responsible crossbow hunting, responsible bowhunting or
responsible trapping practices before being issued another license.
b. This subdivision applies to any person who:
(1) is convicted of a violation of the Fish and Wildlife Law involving
the taking of deer or bear with the aid of an artificial light or signs
an acknowledgment of such violation of that law for the purpose of
effecting a settlement by civil compromise or by stipulation; or
(2) is convicted of a violation of the Fish and Wildlife Law involving
the illegal taking of a deer, moose or bear, or signs an acknowledgment
of any such violation of that law for the purpose of effecting a
settlement by civil compromise or by stipulation; or
(3) is convicted of any violation of the Fish and Wildlife Law or
signs an acknowledgment of any violation of that law for the purpose of
effecting a settlement by civil compromise or by stipulation, and
previously during the five years immediately preceding such conviction
or the signing of such acknowledgment has been so convicted or has
signed such an acknowledgment; or
(4) is convicted of an offense involving a violation of subdivisions
one and two of section 11-0901 of this article relating to taking of
wildlife when the person taking is in or on a motor vehicle while such
motor vehicle is on a public highway or an offense involving a violation
of subdivision one of section 11-0901 of this article and subparagraph
one of paragraph a of subdivision four of section 11-0931 of this
article relating to taking wildlife when the person taking is in or on a
motor vehicle and discharging a firearm, crossbow or longbow in such a
way that the load, bolt or arrow passes over a public highway or a part
thereof or signs an acknowledgment of any such violation for the purpose
of affecting a settlement by civil compromise or by stipulation.
c. Upon receipt of a court notification of the failure of a person to
appear within three months of the return date or new subsequent
adjourned date pursuant to an appearance ticket, uniform appearance
ticket or uniform appearance ticket and simplified information charging
such person with a violation of the Fish and Wildlife Law, or any rule
or regulation adopted pursuant thereto, the department may suspend any
license of such person to hunt, fish or trap pending receipt of notice
from the court that such person has appeared in response to such
appearance ticket. Such suspension shall take effect no less than thirty
days from the day upon which notice thereof is sent by the department to
the person whose license is to be suspended.
2. a. The department may revoke the licenses, tags, bowhunting
privileges, or muzzle-loading privileges, which authorize the holder to
hunt and/or trap wildlife, and may deny the privilege of obtaining such
licenses, tags, bowhunting privileges, or muzzle-loading privileges, and
may deny the privileges of hunting and/or trapping with or without a
license.
(1) of any person who, while engaged in hunting or trapping,
(i) causes death or injury to any person by discharging a firearm,
crossbow or longbow, or
(ii) so negligently discharges a firearm, crossbow or longbow as to
endanger the life or safety of another, or
(iii) so negligently and wantonly discharges a firearm, crossbow or
longbow as to destroy or damage public or private property; or
(2) of any agent of the department authorized to issue certificates of
qualification in responsible hunting including responsible crossbow
hunting, bowhunting, or trapping practices who improperly issues any
such certification to a person whom he or she has not trained, or whom
he or she knows has not satisfactorily completed all of the requirements
necessary for such certification.
b. Action by the department resulting in the revocation of such
license or denial of the privilege to hunt and trap as provided in this
subdivision shall be only after a hearing held by the department upon
notice to the offender, at which proof of facts indicating the violation
is established to the satisfaction of the commissioner or of the hearing
officer designated by him or her and concurred in by the commissioner.
Provided that where a person, while hunting, causes death or injury to
any person by discharge of a firearm, crossbow or longbow, the
commissioner may, in his or her discretion, suspend such person's
license or licenses to hunt and suspend such person's right to hunt
without a license for a period of up to sixty days pending a hearing as
provided for in this subdivision.
c. In case such discharge of a firearm, crossbow or longbow causes
death or injury to any person, the license or licenses, bowhunting
privilege, and muzzle-loading privilege shall be revoked and the ability
to obtain any such license and of hunting or of trapping anywhere in the
state with or without a license denied, for a period not exceeding ten
years, except that no revocation shall be made in cases in which facts
established at the hearing indicate to the satisfaction of the
commissioner that there was no negligence on the part of the shooter or
bowhunter. In all other cases the license or licenses, bowhunting
privilege, or muzzle-loading privilege, shall be revoked and the
privilege of obtaining such license, bowhunting privilege, or
muzzle-loading privilege, and of hunting or of trapping anywhere in the
state with or without a license denied for a period not exceeding five
years. The department may also require that the person causing such
death or injury successfully complete a department-sponsored course and
obtain a certificate of qualification in responsible hunting including
responsible crossbow hunting or bowhunting practices before being issued
another hunting license.
d. Every person injuring himself, herself or another person in a
hunting related incident, and the investigating law enforcement officer
summoned to or arriving at the scene of such incident shall within ten
days from the occurrence of such incident file a report of the incident
in writing with the department. Every such person or law enforcement
officer shall make such other and additional reports as the department
shall require. Failure to report such incident as herein provided by
the person causing injury or to furnish relevant information required by
the department shall be a violation and shall constitute grounds for
suspension or revocation of such person's hunting licenses and
bowhunting and muzzle-loading privileges and denial of the ability to
obtain any such license and of hunting with or without a license
following a hearing or opportunity to be heard. In addition, the
department may temporarily suspend the license of the person failing to
report a hunting related incident within the period prescribed herein
until such report has been filed. In the case of a non-resident, the
failure to report an incident as herein provided shall constitute
grounds for suspension or revocation of his or her privileges of hunting
within this state. The report required by this section shall be made in
such form and number as the department may prescribe.
3. A hunting license issued to a person who is at least twelve and
less than sixteen years of age or a hunting license with bowhunting
privilege issued to a person who is between the ages of twelve and
sixteen years may be revoked by the department upon proof satisfactory
to the department that such person, while under the age of sixteen, has
engaged in hunting with a gun, crossbow or longbow, in circumstances in
which a license and/or bowhunting or muzzle-loading privilege is
required, while not accompanied by his or her parent, guardian or other
adult as provided in section 11-0929 of this article. Additionally, the
department may revoke the hunting and/or bowhunting or muzzle-loading
privilege of any parent, guardian, youth mentor or other adult upon
proof satisfactory to the department that such person allowed the holder
of a hunting license, bowhunting privilege or muzzle-loading privilege
to hunt with a gun, crossbow or longbow in violation of section 11-0929
of this article. If such license or privilege is revoked the department
shall fix the period of such revocation, which is not to exceed six
years. The department may require that such person successfully complete
a department sponsored course and obtain a certificate of qualification
in responsible hunting including responsible crossbow hunting, or
responsible bowhunting practices before being issued another hunting or
bowhunting license.
4. A person whose license to hunt, trap, or fish has been suspended or
revoked as provided in this section is ineligible for such license
during the period determined by the department as provided in this
section. No such person shall, during such period, procure any license
for which he or she is ineligible. No person shall without license hunt,
trap, or fish during any period in which the privilege to do so has been
denied by the department as provided in this section.
5. When the department has revoked a license, or has denied to any
person the ability to obtain a license, or of hunting, trapping or
fishing without a license, it shall cause the fact of such revocation or
denial, or both, as the case may be, and the terms and extent thereof,
to be entered in the minutes of the department, and shall forthwith send
a written notice of its action as so entered in the minutes to the
person affected, at his last known address, either by registered or
certified mail or by delivery personally by a representative of the
department. Within five days after service of such notice, such person
shall deliver to the department the license or licenses revoked,
together with any tags issued in connection with them. If the license
was one entitling the holder to a bowhunting or muzzle-loading privilege
and the revocation concerned some but not all of such privileges, any
license, or tag so delivered shall be returned by the department to the
person to whom it was issued, appropriately marked or stamped to show
the extent to which it is revoked.
fish or trap without license.
1. a. In the circumstances described in paragraph b of this
subdivision the department may revoke any license, bowhunting privilege,
or muzzle-loading privilege, of any person, to hunt, fish or trap,
defined in section 11-0701 of this title or issued pursuant to any
provision of the Fish and Wildlife Law, or it may revoke all of such
licenses, bowhunting privileges, or muzzle-loading privileges. It may
also deny such person, for a period not exceeding five years, the
privilege of obtaining such license or licenses, bowhunting privilege,
or muzzle-loading privilege, or of hunting, trapping or fishing,
anywhere in the state with or without license, bowhunting privilege, or
muzzle-loading privilege, except as provided in subdivision 1 of section
11-0707 of this title or in section 11-0523 of this article. It may also
require that such person successfully complete a department-sponsored
course and obtain a certificate of qualification in responsible hunting
including responsible crossbow hunting, responsible bowhunting or
responsible trapping practices before being issued another license.
b. This subdivision applies to any person who:
(1) is convicted of a violation of the Fish and Wildlife Law involving
the taking of deer or bear with the aid of an artificial light or signs
an acknowledgment of such violation of that law for the purpose of
effecting a settlement by civil compromise or by stipulation; or
(2) is convicted of a violation of the Fish and Wildlife Law involving
the illegal taking of a deer, moose or bear, or signs an acknowledgment
of any such violation of that law for the purpose of effecting a
settlement by civil compromise or by stipulation; or
(3) is convicted of any violation of the Fish and Wildlife Law or
signs an acknowledgment of any violation of that law for the purpose of
effecting a settlement by civil compromise or by stipulation, and
previously during the five years immediately preceding such conviction
or the signing of such acknowledgment has been so convicted or has
signed such an acknowledgment; or
(4) is convicted of an offense involving a violation of subdivisions
one and two of section 11-0901 of this article relating to taking of
wildlife when the person taking is in or on a motor vehicle while such
motor vehicle is on a public highway or an offense involving a violation
of subdivision one of section 11-0901 of this article and subparagraph
one of paragraph a of subdivision four of section 11-0931 of this
article relating to taking wildlife when the person taking is in or on a
motor vehicle and discharging a firearm, crossbow or longbow in such a
way that the load, bolt or arrow passes over a public highway or a part
thereof or signs an acknowledgment of any such violation for the purpose
of affecting a settlement by civil compromise or by stipulation.
c. Upon receipt of a court notification of the failure of a person to
appear within three months of the return date or new subsequent
adjourned date pursuant to an appearance ticket, uniform appearance
ticket or uniform appearance ticket and simplified information charging
such person with a violation of the Fish and Wildlife Law, or any rule
or regulation adopted pursuant thereto, the department may suspend any
license of such person to hunt, fish or trap pending receipt of notice
from the court that such person has appeared in response to such
appearance ticket. Such suspension shall take effect no less than thirty
days from the day upon which notice thereof is sent by the department to
the person whose license is to be suspended.
2. a. The department may revoke the licenses, tags, bowhunting
privileges, or muzzle-loading privileges, which authorize the holder to
hunt and/or trap wildlife, and may deny the privilege of obtaining such
licenses, tags, bowhunting privileges, or muzzle-loading privileges, and
may deny the privileges of hunting and/or trapping with or without a
license.
(1) of any person who, while engaged in hunting or trapping,
(i) causes death or injury to any person by discharging a firearm,
crossbow or longbow, or
(ii) so negligently discharges a firearm, crossbow or longbow as to
endanger the life or safety of another, or
(iii) so negligently and wantonly discharges a firearm, crossbow or
longbow as to destroy or damage public or private property; or
(2) of any agent of the department authorized to issue certificates of
qualification in responsible hunting including responsible crossbow
hunting, bowhunting, or trapping practices who improperly issues any
such certification to a person whom he or she has not trained, or whom
he or she knows has not satisfactorily completed all of the requirements
necessary for such certification.
b. Action by the department resulting in the revocation of such
license or denial of the privilege to hunt and trap as provided in this
subdivision shall be only after a hearing held by the department upon
notice to the offender, at which proof of facts indicating the violation
is established to the satisfaction of the commissioner or of the hearing
officer designated by him or her and concurred in by the commissioner.
Provided that where a person, while hunting, causes death or injury to
any person by discharge of a firearm, crossbow or longbow, the
commissioner may, in his or her discretion, suspend such person's
license or licenses to hunt and suspend such person's right to hunt
without a license for a period of up to sixty days pending a hearing as
provided for in this subdivision.
c. In case such discharge of a firearm, crossbow or longbow causes
death or injury to any person, the license or licenses, bowhunting
privilege, and muzzle-loading privilege shall be revoked and the ability
to obtain any such license and of hunting or of trapping anywhere in the
state with or without a license denied, for a period not exceeding ten
years, except that no revocation shall be made in cases in which facts
established at the hearing indicate to the satisfaction of the
commissioner that there was no negligence on the part of the shooter or
bowhunter. In all other cases the license or licenses, bowhunting
privilege, or muzzle-loading privilege, shall be revoked and the
privilege of obtaining such license, bowhunting privilege, or
muzzle-loading privilege, and of hunting or of trapping anywhere in the
state with or without a license denied for a period not exceeding five
years. The department may also require that the person causing such
death or injury successfully complete a department-sponsored course and
obtain a certificate of qualification in responsible hunting including
responsible crossbow hunting or bowhunting practices before being issued
another hunting license.
d. Every person injuring himself, herself or another person in a
hunting related incident, and the investigating law enforcement officer
summoned to or arriving at the scene of such incident shall within ten
days from the occurrence of such incident file a report of the incident
in writing with the department. Every such person or law enforcement
officer shall make such other and additional reports as the department
shall require. Failure to report such incident as herein provided by
the person causing injury or to furnish relevant information required by
the department shall be a violation and shall constitute grounds for
suspension or revocation of such person's hunting licenses and
bowhunting and muzzle-loading privileges and denial of the ability to
obtain any such license and of hunting with or without a license
following a hearing or opportunity to be heard. In addition, the
department may temporarily suspend the license of the person failing to
report a hunting related incident within the period prescribed herein
until such report has been filed. In the case of a non-resident, the
failure to report an incident as herein provided shall constitute
grounds for suspension or revocation of his or her privileges of hunting
within this state. The report required by this section shall be made in
such form and number as the department may prescribe.
3. A hunting license issued to a person who is at least twelve and
less than sixteen years of age or a hunting license with bowhunting
privilege issued to a person who is between the ages of twelve and
sixteen years may be revoked by the department upon proof satisfactory
to the department that such person, while under the age of sixteen, has
engaged in hunting with a gun, crossbow or longbow, in circumstances in
which a license and/or bowhunting or muzzle-loading privilege is
required, while not accompanied by his or her parent, guardian or other
adult as provided in section 11-0929 of this article. Additionally, the
department may revoke the hunting and/or bowhunting or muzzle-loading
privilege of any parent, guardian, youth mentor or other adult upon
proof satisfactory to the department that such person allowed the holder
of a hunting license, bowhunting privilege or muzzle-loading privilege
to hunt with a gun, crossbow or longbow in violation of section 11-0929
of this article. If such license or privilege is revoked the department
shall fix the period of such revocation, which is not to exceed six
years. The department may require that such person successfully complete
a department sponsored course and obtain a certificate of qualification
in responsible hunting including responsible crossbow hunting, or
responsible bowhunting practices before being issued another hunting or
bowhunting license.
4. A person whose license to hunt, trap, or fish has been suspended or
revoked as provided in this section is ineligible for such license
during the period determined by the department as provided in this
section. No such person shall, during such period, procure any license
for which he or she is ineligible. No person shall without license hunt,
trap, or fish during any period in which the privilege to do so has been
denied by the department as provided in this section.
5. When the department has revoked a license, or has denied to any
person the ability to obtain a license, or of hunting, trapping or
fishing without a license, it shall cause the fact of such revocation or
denial, or both, as the case may be, and the terms and extent thereof,
to be entered in the minutes of the department, and shall forthwith send
a written notice of its action as so entered in the minutes to the
person affected, at his last known address, either by registered or
certified mail or by delivery personally by a representative of the
department. Within five days after service of such notice, such person
shall deliver to the department the license or licenses revoked,
together with any tags issued in connection with them. If the license
was one entitling the holder to a bowhunting or muzzle-loading privilege
and the revocation concerned some but not all of such privileges, any
license, or tag so delivered shall be returned by the department to the
person to whom it was issued, appropriately marked or stamped to show
the extent to which it is revoked.