N.Y. ENV Law § 71-0927

§ 71-0927. Mandatory license revocation.\n 1. Anyone convicted of violating the prohibition against harvesting,\ntaking, possessing or transporting shellfish under facts and\ncircumstances meeting the criteria for imposition of sanctions pursuant\nto subdivision 3 of section 71-0924; or anyone convicted two or more\ntimes within five years of violating the prohibition against harvesting,\ntaking, possessing or transporting shellfish under facts and\ncircumstances meeting the criteria for imposition of sanctions pursuant\nto subdivision 2 of section 71-0924, or of violating subdivision 1 or 2,\nparagraph e or f of subdivision 3, subdivision 6, 8, 9, 10, 11, or 13 of\nsection 13-0309, section 13-0317, subdivision 2 of section 13-0323,\nsection 13-0325, subdivision 3 or 5 of section 13-0327, or section\n13-0344 of this chapter shall have his license to take and land\nshellfish revoked and shall not be relicensed for a minimum of five\nyears thereafter, in addition to any other sanction imposed pursuant to\nthis article.\n 1-a. Anyone convicted two or more times within five years of violating\nsubdivision 4, 5 or 7 of section 13-0333 of this chapter shall have his\nlicense to take and land menhaden revoked and shall not be relicensed\nfor a minimum of five years thereafter, in addition to any other\nsanction imposed pursuant to this article.\n 2. Anyone convicted of unlawfully harvesting, taking, possessing or\ntransporting any marine fish, shellfish or crustacea under facts and\ncircumstances meeting the criteria for imposition of sanctions pursuant\nto subdivision 3 of section 71-0924; or anyone convicted two or more\ntimes within five years of unlawfully harvesting, taking, possessing or\ntransporting any marine fish, shellfish or crustacea under facts and\ncircumstances meeting the criteria for imposition of sanctions pursuant\nto subdivision 2 of section 71-0924, or of violating subdivision 1,\nparagraph c of subdivision 2, subdivision 5, 6, 7 or 9 of section\n13-0329, or section 13-0344 of this chapter shall have his license to\ntake and land lobsters revoked and shall not be relicensed for a minimum\nof five years thereafter, in addition to any other sanction imposed\npursuant to this article.\n 3. Any person convicted of violating the prohibition against\nharvesting, taking, possessing or transporting any marine food fish\nunder facts and circumstances meeting the criteria for imposition of\nsanctions pursuant to subdivision 3 of section 71-0924; or any person\nconvicted two or more times within five years of violating the\nprohibition against harvesting, taking, possessing or transporting any\nmarine food fish under facts and circumstances meeting the criteria for\nimposition of sanctions pursuant to subdivision 2 of section 71-0924, or\nof violating section 13-0344 of this chapter, shall have his license to\ntake and land marine food fish revoked and shall not be licensed for a\nminimum of five years thereafter, in addition to any other sanctions\nimposed pursuant to this article.\n 4. The provisions of this section shall be in addition to the ability\nof the department to suspend licenses pursuant to section 13-0309,\n13-0311 or 13-0329 of this chapter or any other provision of law.\nRevocations pursuant to this section shall be automatic upon the second\nconviction and shall not require any hearing for the revocation.\n 5. For the purposes of this section, convictions shall only include\nconvictions for violations of this chapter and shall not include\nconvictions for violation of department regulations promulgated pursuant\nto this chapter. Conviction shall also not include an admission of guilt\nthrough stipulation or a consent order or a compromise of civil penalty\nunder section 71-0519 of this article.\n 6
5. For the purposes of this section, convictions shall only include\nconvictions for violations of this chapter and shall not include\nconvictions for violation of department regulations promulgated pursuant\nto this chapter. Conviction shall also not include an admission of guilt\nthrough stipulation or a consent order or a compromise of civil penalty\nunder section 71-0519 of this article.\n 6. Any person who has had his license revoked pursuant to subdivision\n1 or 2 of this section may, more than sixty days subsequent to such\nrevocation, apply to the commissioner for a reinstatement of such\nlicense. The commissioner may reinstate such revoked license for such\nperiod as determined by the commissioner and upon such conditions deemed\nappropriate and necessary to protect the public health and natural\nresources of the state, including, but not limited to the posting of\nbond.\n