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| 7.__Criteria for license issuance on appeal.__The commissioner may | issue a license on appeal only if the following criteria are met: |
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| A.__The person held a license as follows: |
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| (1)__For a person appealing the denial of a lobster and | crab fishing license, the person held a lobster and | crab fishing license for at least 5 consecutive years | within the last 15 years; |
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| (2)__For a person appealing the denial of an elver | fishing license, the person held an elver fishing | license for at least 2 consecutive years within the | last 4 years; or |
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| (3)__For a person appealing the denial of a handfishing | sea urchin license, a sea urchin dragging license or a | sea urchin hand-raking and trapping license, the person | held a sea urchin harvesting license for at least 4 | consecutive years within the last 7 years; and |
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| B.__The person documents that: |
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| (1)__A substantial illness or other medical condition | on the part of the person or a family member prevented | that person from meeting the eligibility requirements | for a license.__The person must provide the board with | documentation from a physician describing the illness | or other medical condition.__For the purposes of this | subparagraph, "family member" means a spouse, brother, | sister, son-in-law, daughter-in-law, parent by blood, | parent by adoption, mother-in-law, father-in-law, child | by blood, child by adoption, stepchild, stepparent, | grandchild or grandparent; |
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| (2)__Service in the United States Armed Forces or the | United States Coast Guard precluded that person from | participating in the fishery and meeting the | eligibility requirements for a license; or |
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| (3)__That person did not possess a license in the | previous calendar year because the commissioner had | suspended the person's license privileges for a period | of time that included the previous calendar year. |
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| | 8.__Lobster license transfer.__Notwithstanding subsection 7, | upon recommendation by the board, the commissioner may transfer | the Class I, Class II or Class III lobster and crab fishing |
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