Section 11-0719. Revocation and suspension of licenses and of right to hunt, fish or trap without license


Latest version.
  • 1. a. In the circumstances described in paragraph b the department may
      revoke any license or stamp, of any  person,  to  hunt,  fish  or  trap,
      defined  in  section  11-0701 or issued pursuant to any provision of the
      Fish and Wildlife Law, or it may revoke all of such licenses or  stamps.
      It may also deny such person, for a period not exceeding five years, the
      privilege of obtaining such license or licenses or stamp or stamps or of
      hunting,  trapping  or  fishing,  anywhere  in the state with or without
      license or stamp, except as provided in subdivision 1 of section 11-0707
      or in section 11-0523. It may also require that such person successfully
      complete a department-sponsored  course  and  obtain  a  certificate  of
      qualification   in   responsible   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 or longbow in such  a  way  that
      the  load  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, and stamps which
      authorize the holder to hunt and/or trap  wildlife,  and  may  deny  the
      privilege  of obtaining such licenses, tags, and stamps 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 another  by  discharging  a  firearm  or
      longbow, or
    
        (ii) so negligently discharges a firearm or longbow as to endanger the
      life or safety of another, or
        (iii)  so  negligently and wantonly discharges a firearm 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, bowhunting, or trapping  practices
      who improperly issues any such certification to a person whom he has not
      trained,  or  whom  he 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 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  or  longbow, the commissioner may, in his
      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 or longbow causes death or
      injury to another, the license or licenses  shall  be  revoked  and  the
      privilege  of  obtaining  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  bowman.  In all other cases the license or licenses shall be revoked
      and the privilege of  obtaining  such  license  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 or bowhunting practices before being issued  another
      hunting license.
        d.  Every  person  injuring  himself,  herself  or another person in a
      hunting accident, as such term is defined in subdivision 25  of  section
      11-0103  of  this chapter, and the investigating law enforcement officer
      summoned to or arriving at the scene of such accident shall  within  ten
      days  from the occurrence of such accident file a report of the accident
      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 accident 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 denial of
      the privilege of obtaining 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 accident within the period prescribed
      herein  until such report has been filed. In the case of a non-resident,
      the failure to report an accident 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 junior hunting license issued to a person who is at least  twelve
      and less than sixteen years of age or a junior archery license issued to
      a  person  who is fourteen or fifteen years of age 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 wildlife with a
      gun or longbow, in circumstances in which a license is  required,  while
      not  accompanied  by  his  or  her  parent,  guardian  or other adult as
      provided in  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  four  years.  The  department  may
      require  that  such  person successfully complete a department sponsored
      course and obtain a certificate of qualification in responsible  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 privilege of obtaining 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 buttons or tags issued in connection with them. If the
      license  was  one  entitling  the  holder  to  the  privilege of several
      licenses, and  the  revocation  concerned  some  but  not  all  of  such
      privileges, any license, button 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.