Mr. Solmonson, an experienced hunting guide, shot a lynx out of season. He was convicted under the Wildlife Act and fined $500. Soon afterwards the Assistant Director of Wildlife decided to suspend his hunting privileges for a year. Mr. Solmonson objected, arguing that the fine was punishment enough, and a one year suspension was too harsh.
The Wildlife Act has two separate sections dealing with penalties one with criminal penalties and the other administrative penalties. Because they are separate the factors considered in one section do not need to be considered in choosing a penalty under the other. The Assistant Deputy Director did not need to consider the court’s penalty in making an administrative decision (suspending the license). He was within his discretion to suspend the license for one year.
