Silva v. Director of Division of Marine Fisheries

Although acquitted of the criminal charge of possessing egg-bearing female lobsters,1 at a subsequent administra*609tive adjudicatory proceeding of the Division of Marine Fisheries (division), Alfred Silva was found to have been in possession of eighty-three egg-bearing female lobsters. As a result, the defendant, the director of the division, suspended Silva’s lobster permit for two years and prohibited any transfer of his permit. Silva brought this action2 claiming that the administrative hearing violated the prohibition against double jeopardy contained in the Fifth Amendment to the United…