RICH v. DEPARTMENT OF MARINE RESOURCES

Docket: Ken-09-346.

994 A.2d 815 (2010)

2010 ME 41

Todd R. RICH v. DEPARTMENT OF MARINE RESOURCES.

Supreme Judicial Court of Maine.

Decided: May 11, 2010.


Attorney(s) appearing for the Case

Nicholas H. Walsh, Esq. (orally), Nicholas H. Walsh, P.A., Portland, ME, for Todd R. Rich.

Janet T. Mills, Attorney General, Mark A. Randlett, Asst. Atty. Gen. (orally), Office of the Attorney General, Augusta, ME, for the Maine Department of Marine Resources.

Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ.


SAUFLEY, C.J.

[¶ 1] Todd R. Rich appeals from a judgment of the Superior Court (Kennebec County, Jabar, J.), affirming a decision by the Department of Marine Resources that suspended Rich's lobster and crab fishing license for a period of three years pursuant to 12 M.R.S. § 6402 (2008). Because we conclude that section 6402 did not, at the time, authorize the three-year suspension in the absence of a criminal conviction, we vacate the judgment.

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