(a) The executive director, after notice to a license holder and the opportunity for a hearing, may suspend a commercial finfish fisherman’s license if:
(1) the license holder or any other authorized operator of the licensed vessel is convicted of one or more flagrant offenses totaling three flagrant offenses involving the licensed vessel; or
(2) the license holder is convicted of theft of fishing gear or product associated with this subchapter.
(b) A suspension under this section may be for:
(1) six months, if:
(A) each of the three flagrant offenses occurred within a 24-consecutive-month period beginning not earlier than September 1, 2000; and
(B) the license holder has not previously had a license suspended under this section;
(2) 12 months, if each of the three flagrant offenses occurred within a 24-consecutive-month period and the license holder has previously had a license suspended under this section; or
(3) six months, if the license holder is convicted of theft of fishing gear or product associated with this subchapter.

Terms Used In Texas Parks and Wildlife Code 47.080

  • Take: except as otherwise provided by this code, means collect, hook, hunt, net, shoot, or snare, by any means or device, and includes an attempt to take or to pursue in order to take. See Texas Parks and Wildlife Code 1.101

(c) The executive director, after notice and the opportunity for a hearing, may permanently revoke a license issued under this subchapter if:
(1) the license holder has previously had a license suspended twice under this section, and the license holder or any other authorized operator of the licensed vessel is convicted of three flagrant offenses involving the licensed vessel in a 24-consecutive-month period; or
(2) the license holder is convicted of theft of fishing gear or product associated with this subchapter, and the license holder has had a license suspended previously under this section.
(d) The same flagrant offense may not be counted for more than one suspension under this section.
(e) For purposes of this section, a flagrant offense includes:
(1) theft of trotlines or finfish, or any other fishing gear or product associated with this subchapter;
(2) exceeding daily bag and possession limits in violation of this code or of a proclamation of the commission issued under this code;
(3) exceeding trotline length limits by a length greater than 10 percent in violation of this code or of a proclamation of the commission issued under this code;
(4) selling crabs in violation of this code;
(5) exceeding the number of trotlines the holder of a commercial finfish fisherman’s license may use in violation of this code or of a proclamation of the commission issued under this code; or
(6) taking, attempting to take, or possessing fish caught in public waters of this state by any device, means, or method other than as authorized under this code or by a proclamation of the commission issued under this code.