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Mckinney's Consolidated Laws of New York Annotated. Environmental Conservation Law. Chapter 43-B. Of the Consolidated Laws. Article 71. Enforcement.

Statute Details
Printable Version
Citation: NY ENVIR CONSER § 71-0101 - 0927

Citation: McKinney's ECL § 71-0101 - 0927


Last Checked by Web Center Staff: 06/2011

Summary:   This set of statutes outlines the procedures and penalties for violations of New York's Environmental Conservation Law.


Statute in Full:

Title 1. Effect of the Penal Law and Criminal Procedure Law

§ 71-0101. Effect of the Penal Law and Criminal Procedure Law

Notwithstanding any provision of this chapter, the provisions of the Penal Law and of the Criminal Procedure Law control over the provisions of this chapter to the same extent they controlled over the provisions of law from which this chapter is derived, on the date immediately preceding the effective date of this chapter.

For the purpose of section 80.10 of the penal law all fines contained within this chapter, and not already so designated, shall be deemed special corporate fines.

CREDIT(S)

(L.1972, c. 664, § 2. Amended L.1979, c. 658, § 1.)

 

Title 2. General Law Enforcement Provisions

§ 71-0201. General law enforcement authority

Every police officer and any employee of the department as may be designated by the commissioner, shall enforce the provisions of this chapter, and the rules, and regulations and orders enacted or promulgated thereunder. Such officers shall be authorized to issue an appearance ticket or, in lieu thereof, a uniform appearance ticket or, in lieu thereof, a uniform appearance ticket and simplified information as provided in section 71-0203, for any violation of this chapter or rule, regulation or order adopted thereunder. Law enforcement officers of the Fish and Wildlife Service of the United States Department of the Interior or the National Marine Fisheries Service of the United States Department of Commerce may enforce the provisions of articles 11 and 13 of this chapter and shall be authorized to issue an appearance ticket or, in lieu thereof, a uniform appearance ticket and simplified information as provided in section 71-0203, for any violation of article 11, article 13 or rule, regulation or order adopted pursuant to such article.

CREDIT(S)

(Added L.1974, c. 707, § 1. Amended L.1978, c. 150, § 1; L.1979, c. 160, § 17; L.1982, c. 135, § 18.)

§ 71-0202. Enforcement; designated employees to have certain powers

Such employees as may be designated by the commissioner shall be authorized to issue uniform appearance tickets, simplified traffic informations, simplified parks informations, simplified environmental conservation informations, and uniform navigation summons and/or complaint, when acting pursuant to their special duties.

CREDIT(S)

(Added L.1980, c. 843, § 127.)

§ 71-0203. Uniform appearance ticket and simplified information

1. The commissioner shall prescribe the form of an appearance ticket and simplified information for all cases involving a violation of any provision of this chapter or of any rule, regulation or order adopted or promulgated thereunder, or of any class or category of such cases, and to establish procedures for proper administrative controls over the disposition thereof.

2. The chief executive officer of each local police force including county, town, city and village police departments, sheriffs and the superintendent of state police shall prepare or cause to be prepared such records and reports as may be prescribed hereunder.

3. The commissioner shall have the power to adopt such rules and regulations as may be deemed necessary to accomplish the purposes and enforce the provisions of this section including requirements for reporting by trial courts having jurisdiction over such offenses.

4. Any person who disposes of any uniform appearance ticket and simplified information in any other manner than that prescribed by law, rule or regulation shall be guilty of a class B misdemeanor.

5. The provisions of this section shall not apply to any offense for which a uniform summons and complaint is prescribed by the commissioner of motor vehicles pursuant to section two hundred seven of the vehicle and traffic law or by the commissioner of parks and recreation pursuant to article twenty-seven of the parks and recreation law.

CREDIT(S)

(Added L.1974, c. 707, § 1.)

§ 71-0205. Verification or affirmation of accusatory instruments

1. When an appearance ticket as authorized under section 71-0203 has been served by an officer described in section 71-0201, any supervisor of such enforcement officer to whom the service of the appearance ticket is reported is hereby authorized to administer to such enforcement officer all necessary oaths in connection with the execution of the accusatory instrument to be presented in court by such enforcement officer in the prosecution of the offense involved.

2. A simplified information need not be verified if it is affirmed by the issuing officer, under penalty of perjury.

CREDIT(S)

(Added L.1974, c. 707, § 1.)

§ 71-0207. Pleas by mail

A defendant charged with a violation of any provision of this chapter or rule, regulation or order promulgated or adopted thereunder may himself plead guilty to the charge in open court. He may also submit to the magistrate having jurisdiction, in person, by duly authorized agent, or by registered mail, a statement (a) that he waives arraignment in open court and the aid of counsel, (b) that he pleads guilty to the offense as charged, (c) that he elects and requests that the charge be disposed of and the fine or penalty fixed by the court, (d) of any explanation that he desires to make concerning the offense charged, and (e) that he makes all statements under penalty of perjury. Thereupon the magistrate may proceed as though the defendant had been convicted upon a plea of guilty in open court, provided however, that any imposition of fine or penalty hereunder shall be deemed tentative until such fine or penalty shall have been paid and discharged in full. If upon receipt of the aforesaid statement the magistrate shall deny the same, he shall thereupon notify the defendant of this fact, and that he is required to appear before the said magistrate at a stated time and place to answer the charge which shall thereafter be disposed of pursuant to the applicable provisions of law.

CREDIT(S)

(Added L.1974, c. 707, § 1.)

§ 71-0209. Convictions; bail forfeitures; failure to appear

1. The trial court or clerk thereof shall certify to the commissioner the facts of any case involving a violation of any provision of this chapter, or of any rule, regulation or order adopted pursuant thereto,

(a) within five days of the date of conviction of such violation;

(b) within five days of a forfeiture of bail in such case; or

(c) within ninety days of a failure of the defendant to appear on the initial date of appearance, or any adjourned date for appearance or trial.

2. The commissioner may, by regulation, provide for the form and content of such certification and limit the violations for which certifications shall be required. Such certifications shall be presumptive evidence of the facts therein contained and may, in the discretion of the commissioner, be recorded in the records of the department. In the event a conviction which has been so recorded is subsequently reversed, the commissioner, upon receiving due notice thereof, shall record such fact in such records.

3. Upon the conviction of any person of a violation for which a certification must be made to the commissioner, pursuant to this section, the court or clerk shall also enter such conviction on any license or certificate issued by the department if such entry is required by the regulations of the commissioner.

CREDIT(S)

(Added L.1974, c. 707, § 1.)

§ 71-0211. Disposition of fees and penalties

1. Notwithstanding any other provisions of law to the contrary, all fines and penalties collected pursuant to title nineteen of this article, except amounts required to be paid into the conservation fund pursuant to subdivision two of section 71-1929 of such title; title twenty-one of this article; title twenty-seven of this article, except amounts required to be paid into the hazardous waste remedial fund pursuant to subdivision two of section 71-2725 of such title; and title forty-one of this article shall be paid into the general fund to the credit of the state purposes account.

2. Unless otherwise provided in this chapter, not later than the tenth day of each month, all fines, penalties and forfeitures collected for violations of this chapter or rules, regulations, local laws or ordinances adopted thereunder under judgment of any town or village court, shall be paid over by such court to the comptroller of the state, with a statement accompanying the same, setting forth the action or proceeding in which such moneys were collected, the name and residence of the defendant, the nature of the offense, and the fines and penalty imposed. The comptroller shall pay these funds into the general fund of the state.

All fines and penalties collected for violations of this chapter by courts operating pursuant to section thirty-nine of the judiciary law shall be paid to the state commissioner of taxation and finance on a monthly basis no later than ten days after the last day of each month. All such fines and penalties shall be the property of the state.

CREDIT(S)

(Added L.1974, c. 707, § 1. Amended L.1980, c. 292, § 4; L.1989, c. 62, § 71; L.1991, c. 460, § 2; L.1993, c. 60, § 22.)

§ 71-0213. Mandatory surcharge

1. Whenever proceedings result in a conviction for an offense under this chapter there shall be levied, in addition to any sentence required or permitted by law, the following mandatory surcharges: (a) in the amount of twenty-five dollars for violations of sportfishing regulations set forth in 6 NYCRR 10; (b) in the amount of seventy-five dollars for all other offenses under this chapter provided, however, that convictions for offenses under articles seventeen, nineteen or twenty-seven of this chapter shall be subject to a mandatory surcharge equal to the greater of seventy-five dollars or six percent of any penalty or fine imposed. The mandatory surcharge shall be paid to the clerk of the court who shall remit such mandatory surcharge to the state comptroller provided, however, that in cases where the conviction was rendered by a town or a village justice court, the clerk of such court shall pay twenty-five dollars of such surcharge to the chief fiscal officer of the town or village in the case of surcharges resulting from paragraph (b) of this subdivision and ten dollars in the case of surcharges resulting from paragraph (a) of this subdivision and shall pay the remaining amounts of such mandatory surcharges to the state comptroller in the same manner as provided in section 71-0211 of this article. The comptroller shall pay such monies into the state treasury to the credit of the general fund.

2. Any person who has paid a mandatory surcharge under the authority of this section which is ultimately determined not to be required by this section shall be entitled to a refund of such mandatory surcharge upon application to the state comptroller. The state comptroller shall require such proof as is necessary to determine whether a refund is required by law.

CREDIT(S)

(Added L.2009, c. 59, pt. DDD, § 1, eff. April 7, 2009.)

 

Title 3. Summary Abatement

§ 71-0301. Summary abatement

Notwithstanding any inconsistent provisions of law, whenever the commissioner finds, after investigation, that any person is causing, engaging in or maintaining a condition or activity which, in his judgment, presents an imminent danger to the health or welfare of the people of the state or results in or is likely to result in irreversible or irreparable damage to natural resources, and relates to the prevention and abatement powers of the commissioner and it therefore appears to be prejudicial to the interests of the people of the state to delay action until an opportunity for a hearing can be provided, the commissioner may, without prior hearing, order such person by notice, in writing wherever practicable or in such other form as in the commissioner's judgment will reasonably notify such person whose practices are intended to be proscribed, to discontinue, abate or alleviate such condition or activity, and thereupon such person shall immediately discontinue, abate or alleviate such condition or activity. As promptly as possible thereafter, not to exceed fifteen days, the commissioner shall provide the person an opportunity to be heard and to present proof that such condition or activity does not violate the provisions of this section. The commissioner shall adopt any other appropriate rules and regulations prescribing the procedure to be followed in the issuance of such orders. Any person who violates any of the provisions of, or who fails to perform any duty imposed by this section, or any rule, regulation or order promulgated by the commissioner hereunder, shall be liable to a civil penalty of not more than twenty-five hundred dollars for each such violation and an additional penalty of not more than five hundred dollars for each day during which such violation continues, and, in addition thereto, such person may be enjoined from continuing such violation. Penalties and injunctive relief provided herein shall be recoverable in an action brought by the attorney general at the request and in the name of the commissioner.

CREDIT(S)

(L.1972, c. 664, § 2. Amended L.1973, c. 400, § 69.)

 

Title 4. Delegation of Enforcement

§ 71-0401. Delegation of civil enforcement authority

Whenever the attorney general is authorized under this chapter to initiate or prosecute a civil action or proceeding on behalf of the department, such authority may in the discretion of the attorney general be delegated to the department, to initiate or prosecute any such action or proceeding.

CREDIT(S)

(Added L.1980, c. 738, § 1.)

§ 71-0403. Delegation of criminal enforcement authority

Whenever the attorney general is authorized under this chapter to prosecute a criminal proceeding on behalf of the department, such authority may in the discretion of the attorney general be delegated to the department, to initiate or conduct any such prosecution. Provided, however, that in any event the district attorney of the county in which the violation occurs may initiate or conduct any such prosecution.

CREDIT(S)

(Added L.1980, c. 738, § 1.)

 

Title 5. Enforcement of Provisions Derived from Former Conservation Law

§ 71-0501. Applicability of this title

This title shall apply to sections 3-0109 through 3-0115 inclusive and sections 3-0305 and 3-0307 of article 3; articles 9, 11, 13, and 15; titles 7, 9, 11 and 13 of article 21; articles 23 and 24; and articles 43, 45 and 47 of this chapter.

CREDIT(S)

(L.1972, c. 664, § 2. Amended L.1975, c. 614, § 2; L.1980, c. 550, § 2.)

§ 71-0503. Investigation by department

1. Any investigation, inquiry or hearing which the department has power to undertake or to hold may be undertaken or held by or before the commissioner, the deputy commissioner or the head of a division, or before any other officer or employee of the department designated for such purpose by written order of the commissioner, filed in the office of the department. All investigations, inquiries, hearings and decisions of the commissioner, the deputy commissioner or the head of a division, shall be and be deemed to be the investigations, inquiries, hearings and decisions of the department, and every order or decision made by the commissioner, and every order or decision made by the deputy commissioner or a head of division and approved and confirmed by the commissioner and ordered filed in the office of the department, shall be and be deemed to be the order or decision of the department.

2. The commissioner, deputy commissioner, a head of a division, or an officer or employee of the department duly designated by the commissioner, shall have the power to administer oaths in any proceedings which the department is required or authorized by law to conduct.

3. The department shall have power to subpoena and require the attendance in this state of witnesses and the production by them of books and papers pertinent to the investigations and inquiries which it is authorized to make under any provision of this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article and to examine them and such public records as it shall require in relation thereto, and for the purpose of such examinations the department shall possess all the powers conferred by the Legislative Law upon a commitee [FN1] of the Legislature or by the Civil Practice Law and Rules upon a board or committee, and may invoke the power of any court of record in the state to compel the attendance and testifying of witnesses and the production by them of books and papers as aforesaid. A subpoena issued under this section shall be regulated by the Civil Practice Law and Rules.

4. In any investigation or inquiry by or upon any hearing before the department, the commissioner, his deputy or any other officer conducting the investigation, inquiry or hearing may confer immunity in accordance with the provisions of section 50.20 of the Criminal Procedure Law.

CREDIT(S)

(L.1972, c. 664, § 2.)

[FN1] So in original.

§ 71-0505. Suits and prosecution

1. The commissioner shall have the power to bring actions [FN1] suits or proceedings as in his judgment may be necessary or proper to perform any of the powers, functions or duties imposed upon him or upon the department or any division thereof by any of the provisions of this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article or to prevent the violation by any person, public or private, of any of the provisions thereof; and shall have the power to defend such actions, suits or proceedings as may arise through the performance of any of the powers, duties or functions imposed upon him or upon the department or any division thereof.

2. It shall be the duty of the Attorney General, when requested by the department, to appoint an Assistant Attorney General, and such assistants as may be necessary and assign them to the department. Such Assistant Attorney General and assistants shall receive salaries, to be fixed by the Attorney General within the appropriation therefor. It shall be the duty of such assistant, in the name of the Attorney General, to conduct all prosecutions for penalties imposed by the provisions of this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article and to bring all actions, suits and proceedings, which the department shall be authorized to institute and maintain, and to defend all actions, suits and proceedings brought against the department, its officers or employees of or on account of any act or any thing done by the said department, its officers or employees when such act or thing was, in the opinion of the Attorney General, done in the discharge of any official duty or in reasonable exercise of authority.

3. No action, suit or proceeding in which the title to lands of the state in forest preserve counties shall be involved shall be withdrawn or discontinued, nor shall judgment therein against the state be entered on consent except on special permission of the court and after application made in open court, on which application all the terms and conditions of the settlement shall be fully stated in writing and the reasons therefor set forth at length.

CREDIT(S)

(L.1972, c. 664, § 2.)

[FN1] So in original. A comma probably should be inserted.

§ 71-0507. Actions for penalties generally

1. Actions for penalties for violation of any provisions of this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article, except as otherwise expressly provided,

a. Shall be in the name of the “People of the State of New York”;

b. Must be brought on order of the department; and

c. May be compromised, settled and discontinued as provided in sections 71-0505 and 71-0519 and subdivision 11 of section 11-0505.

2. Such actions, if in justices' courts, may be brought in any town of the county in which the penalty is incurred, or, if the defendant resides in another county, in any town of the county in which the defendant resides.

3. Moneys received by a town justice or a village justice in any action for a penalty brought under the provisions of this chapter listed in section 71-0501 of [FN1] titles 5 through 15 inclusive and title 33 or upon the settlement or compromise thereof, or a fine for a violation of the provisions of this chapter listed in section 71-0501 and titles 5 through 15 inclusive and title 33 of this article shall be paid to the State Comptroller as provided in section 27 of the Town Law and section 4-410 of the village law. From the moneys so received, the State Comptroller shall pay all lawful fees for services rendered in such actions when instituted by order of the department or upon information of a conservation officer, regional and assistant regional conservation officer, special game protector, district ranger, forest ranger, or member of the state police. The balance of such moneys arising from penalties under articles 11 or 13 or title 9 of this article or upon the settlement or compromise thereof or from fines for violations of any of the provisions of articles 11 or 13 or title 9 of this article after the payment of lawful fees shall be credited by the Comptroller to the conservation fund. The Comptroller shall adjust and settle his account with the conservation fund in the manner provided by section 99-a of the State Finance Law. The balance of all other such moneys after payment of lawful fees shall be credited by the Comptroller to the general fund.

4. All moneys received by any other person or court in an action for a penalty brought under the provisions of this chapter listed in section 71-0501 and titles 5 through 15 inclusive and title 33 of this article or upon the settlement or compromise thereof, or a fine for a violation of the provisions of this chapter listed in section 71-0501 and titles 5 through 15 inclusive and title 33 of this article, shall be paid by such person or court to the department within thirty days after receipt thereof. The department shall pay the expenses of collection and the lawful fees of magistrates and constables for services performed in criminal actions brought upon information of a conservation officer, regional and assistant regional conservation officer, special game protector, district ranger, forest ranger, or member of the state police. Such moneys derived from fines or penalties for violations of articles 11 or 13 or title 9 of this article or from the settlement or compromise thereof shall be paid by the department to the Commissioner of Taxation and Finance and credited to the conservation fund. All other moneys so received by the department shall be paid to the Commissioner of Taxation and Finance and credited to the general fund.

CREDIT(S)

(L.1972, c. 664, § 2. Amended L.1973, c. 400, § 70.)

[FN1] So in original. Probably should read “and” or “or under”.

§ 71-0509. Costs in actions by the people

In case of recovery of any amount in an action brought for a penalty under the provisions of this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33, of this article or any action authorized by such law as amended, in any court of record the people shall be entitled to recover full costs, of course, and at the rates as provided for civil actions.

CREDIT(S)

(L.1972, c. 664, § 2.)

§ 71-0511. Judgments; how enforced

Judgments recovered under the provisions of this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article may be enforced by contempt.

CREDIT(S)

(L.1972, c. 664, § 2. Amended L.1977, c. 640, § 1.)

§ 71-0513. Jurisdiction of courts in criminal cases

1. Except as provided in subdivision 2 of this section, County Courts, and subject to the power of removal provided in the Criminal Procedure Law, district courts, the New York City criminal court, town courts and village courts shall have, in the first instance, concurrent jurisdiction of offenses committed under the provisions of this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article, provided, however, that an action before a town court shall be brought in the town in which the offense was committed or an adjoining town, and that an action before a County Court shall be brought in the county in which the offense was committed. A warrant shall be returnable before the local criminal court issuing the same.

2. This section does not apply to offenses committed under articles 11 and 13 or title 9 of this article.

CREDIT(S)

(L.1972, c. 664, § 2.)

§ 71-0515. Repealed. L.1977, c. 640, § 2, eff. Sept. 1, 1977

§ 71-0517. Witnesses not excused from testifying

No person shall be excused from testifying or producing any books, papers or other documents in any civil or criminal action or proceeding taken or had under the provisions of this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article, upon the ground that his testimony might tend to convict him of a crime, or subject him to a penalty or forfeiture. But no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which he shall, under oath, have testified or produced documentary evidence, and no testimony so given or produced shall be received against him upon any criminal investigation or proceeding; provided, however, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony. Nothing herein contained is intended to give, or shall be construed as in any manner giving, unto any corporation, immunity of any kind.

CREDIT(S)

(L.1972, c. 664, § 2.)

§ 71-0519. Compromise of civil penalty

1. A person who has violated any of the provisions of this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article, and who desires to compromise and settle his civil liability therefor, may appear with any conservation officer, regional and assistant regional conservation officer, special game protector, district ranger, forest ranger, or member of the state police, before a court or justice having jurisdiction in civil actions, and thereupon such person may, upon the consent of the representative of the department appearing, compromise and settle his liability for civil penalties, for an amount agreed upon between said court or justice, the representative of the department and the person who committed such violation.

2. The agreed amount shall not be less than ten dollars nor more than the amount for which such person would be liable in a civil action for penalties; provided that any person who has violated the provisions of this chapter listed in section 71-0501 or under titles 5 through 13 inclusive and titles 27 and 33 of this article, involving the taking of a deer with the aid of an artificial light, or has illegally taken a deer prior to the first day of the open season or after the last day of the open season in the county in which taken, or has otherwise illegally taken a deer, and who desires to compromise and settle his civil liability therefor, may, in the manner herein provided, compromise and settle his liability for civil penalties under the provisions of this chapter listed in section 71-0501 or under titles 5 through 13 inclusive and titles 27 and 33 of this article, in an amount not less than one hundred dollars nor more than the amount for which such person would be liable in a civil action for penalties.

3. If such compromise be made, such person shall forthwith subscribe his name to a statement setting forth concisely the facts constituting such violation, the amount agreed upon, and that a judgment may be entered against him for that sum. Upon said statement being sworn to before and filed with said court or justice, he shall forthwith enter in his civil docket a record of the proceedings and amount of the judgment.

4. Said court or justice shall upon the entry of such judgment be entitled to a fee of two dollars and fifty cents to be paid by the person who committed such violation, provided, however, that if the justice is a justice of a town or village, such fee shall be the property of the town or village of which he is an officer, and shall be paid by said justices to the State Comptroller in the same manner as other fees received by such justice.

5. A judgment entered as provided herein may be enforced by an execution against the property of the defendant, but no body execution shall issue thereon. Such judgment shall be a bar to a criminal action for the same violation, if satisfied within thirty days from the date of the entry thereof.

6. Whenever a person who desires to compromise and settle his civil liability pursuant to the provisions of this section is an infant over the age of fourteen years, upon his appearance for such purpose, the court or justice before whom such appearance is made, may, upon the application of such person appoint a person to appear as his guardian for the purpose of compromising and settling his said civil liability. The written consent of the person so appointed must be filed with the court or justice before his appointment.

CREDIT(S)

(L.1972, c. 664, § 2. Amended L.2004, c. 289, § 2, eff. Oct. 1, 2004.)

§ 71-0521. Certificate by court or justice

The court or justice, other than a town justice or a village police justice, before whom any person shall be tried or before whom a compromise of the civil penalties for a violation of any provision of this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article, shall have been made, or the clerk of the court, if there be a clerk, shall, at the termination of such trial or proceeding, forthwith mail or deliver to the department at Albany, or to its representative at such trial or proceeding, a certified statement of the disposition of the case or proceeding, giving the date thereof, the name of the defendant, the name of the person upon whose information the action or proceeding was instituted, the date and place of the violation, the name of each witness sworn in support of the charges, and the costs of the court or fees of the justice, and the fees of the constable, if any. Provided, however, that a town justice or a village police justice before whom any person shall be tried or before whom a compromise of the civil penalties for a violation of any provision of this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article, shall have been made shall forthwith mail or deliver to the department at Albany or to its representative in attendance at such trial or proceeding such certified statement, and within the first ten days of the month following the termination of such trial or proceeding deliver to the State Comptroller at Albany a statement in such form as the Comptroller may require. The Comptroller upon receipt of such statement shall, as provided in section 71-0507, audit the bills of the justice of the peace and the constable for fees in such trial or proceeding and shall pay to the persons entitled thereto the amounts allowed by such audit and shall charge same to the conservation fund.

CREDIT(S)

(L.1972, c. 664, § 2.)

§ 71-0523. Power of the department to settle or compromise an action

The department shall empowered [FN1] to settle or compromise in its discretion any action or cause of action to recover a penalty under the provisions of this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article, as it may deem advantageous to the state.

CREDIT(S)

(L.1972, c. 664, § 2.)

[FN1] So in original. Probably should read “shall be empowered.”

§ 71-0525. Powers of designated departmental officers and employees and members of the state police

1. All police officers, such employees as may be designated by the commissioner, and all peace officers, when acting pursuant to their special duties, shall enforce the provisions of this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article, or of judgments obtained for violation thereof, and shall have, particularly, the following powers:

a. To execute all warrants and search warrants issued for violation of articles 11 and 13 and titles [FN1] 9 of this article and to serve subpoenas issued for examination, investigation or trial of offenses against any of its provisions;

b. To search without search warrant any boat or vehicle of any kind, any box, locker, basket, creel, crate, game bag, package or any container of any nature and the contents of any building other than a dwelling whenever they have cause to believe that any provision of this article or of any law for the protection of fish, shellfish, crustacea, wildlife, game or protected insects has been or is being violated, and to use such force as may be necessary for the purpose of examination and search;

c. To search any dwelling and its contents, provided they have a search warrant to do so;

d. To arrest without warrant any person committing in their presence a misdemeanor under this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article and to take such person immediately before a magistrate having jurisdiction for trial.

2. A peace officer, acting pursuant to his special duties or a police officer shall have the same powers as environmental conservation officers and state police under the fish and wildlife law [FN2], except the power to search without a warrant.

CREDIT(S)

(L.1972, c. 664, § 2. Amended L.1980, c. 843, §§ 128, 129.)

[FN1] So in original. Probably should read “title.”

[FN2] ECL 11-0101 et seq. and 13-0101 et seq.

 

Title 7. Enforcement of Article 9

§ 71-0701. Applicability of title

In addition to the provisions of sections 71-0101 and 71-0301, and titles 5 and 40 of this article, the provisions of this title shall be applicable to the enforcement of article 9 of this chapter.

CREDIT(S)

(L.1972, c. 664, § 2. Amended L.2003, c. 602, § 7, eff. March 1, 2004.)

§ 71-0703. Penalties

In order to secure the enforcement of the several sections of article 9 the following fines and civil penalties are provided:

1. Except as otherwise provided in subdivision 4, 5, 6 or 7 of this section, any person who violates any provision of article 9 or the rules, regulations or orders promulgated pursuant thereto or the terms of any permit issued thereunder, or who fails to perform any duty imposed by any provision thereof shall be guilty of a violation, and, upon conviction, shall be punished by a fine of not more than two hundred fifty dollars, or by imprisonment for not more than fifteen days, or by both such fine and imprisonment, and in addition thereto shall be liable to a civil penalty of not less than ten nor more than one hundred dollars.

2. The violation of any of the provisions of the following sections shall subject the person guilty thereof to the following civil penalties in addition to the liability prescribed in subdivision 1 of this section:

a. Section 9-1113 of this chapter, two dollars per tree;

b. Subdivision 3 of section 9-1105 of this chapter, twenty-five dollars per day;

c. Subdivision 4 of section 9-1105 of this chapter, and subdivision 1 of section 9-1117 of this chapter, ten dollars per mile per day;

d. Section 9-1115 of this chapter, ten dollars per mile;

e. Subdivision 2 of section 9-1117 of this chapter, one hundred dollars per each offense; and

f. Section 9-1119 of this chapter, one hundred dollars per day per locomotive.

With respect to the penalty for violation of subdivision 4 of section 9-1105 of this chapter, the owner and every person engaged in such cutting shall be liable therefor; however, the liability for penalty shall not arise until the expiration of twenty days after service, personally or by mail upon the alleged violator at his last known place of residence of a written notice of failure to comply with the requirements of subdivision 4 of section 9-1105 of this chapter.

3. Any person who molests, injures, removes, destroys or withholds supplies or other material maintained for forest fire protection purposes shall be guilty of a violation and shall be punishable and liable to a civil penalty as provided in subdivision 1 of this section.

4. Any person who sets fire wilfully in violation of subdivision 1 of section 9-1105 of this chapter shall be guilty of a felony.

5. In addition to any prosecution as provided under article one hundred fifty-five of the penal law, any person who violates subdivision 1 of section 9-0303 or section 9-1501 of this chapter except where the lawful exercise of an easement or right of way on land not owned by the state is involved shall be guilty of a class A misdemeanor. Upon conviction, such person shall be sentenced to a fine and/or imprisonment as provided in the penal law.

6. (a) In addition to any other penalty provided by law, any person who violates subdivision 1 of section 9-0303 of this chapter shall be liable to a civil penalty of two hundred fifty dollars per tree or treble damages, based on the stumpage value of such tree or both. Where the order or decision finds that the defendant established by clear and convincing evidence, that when such defendant committed the violation, he or she had cause to believe that the land was his or her own, or that he or she had an easement or right of way across such land which permitted such action, damages shall be awarded on the basis of the stumpage value of such tree or trees in the market as if they were privately owned. Notwithstanding the foregoing, this section shall not be construed to authorize the cutting of timber or removal of trees where such action would otherwise be violative of any provision of the state constitution or law.

(b) In addition to any other penalty provided by law, a person who violates section 9-1501 of this chapter shall be liable for a civil penalty of two hundred fifty dollars per tree or treble damages or both, based on the stumpage value of such tree or trees. Where the order or decision finds that the defendant established by clear and convincing evidence, that when such defendant committed the violation, he or she had cause to believe that the land was his or her own or that he or she had an easement or right of way across such land which permitted such action, damages shall be awarded on the basis of the stumpage value of such tree or trees. Notwithstanding the foregoing, this section shall not be construed to authorize the cutting of timber or removal of trees where such action would otherwise be violative of any provision of the state constitution or law.

(c) For purposes of this subdivision, “stumpage value” shall mean the current fair market value of a tree as it stands prior to the time of sale, cutting, or removal. Stumpage value shall be determined by one or more of the following methods: the sale price of the tree in an arm's-length sale, a review of solicited bids, the stumpage price report prepared by the department of environmental conservation, comparison with like sales on trees on state or private lands, or other appropriate means to assure that a fair market value is established within an acceptable range based on the appropriate geographic area.

7. In addition to the penalties otherwise provided, any person who violates any of the provisions of subdivision 1 of section 9-0303 or section 9-1501 of this chapter may be ordered by the commissioner or the court to make reparations for any permanent and substantial damage caused to the land or the improvements thereon as a result of such violation. Such reparations shall be of such kind, nature and extent as will reasonably restore the lands affected by the violation to their condition immediately before the violation and may be made by physical restoration of such lands and/or by the assessment of a monetary payment to make such restoration.

8. Any person who violates any provision of any proclamation issued by the governor pursuant to the provisions of section 9-1101 of this chapter shall be guilty of a violation and shall be punishable and liable to a civil penalty as provided in subdivision 1 of this section.

CREDIT(S)

(L.1972, c. 664, § 2. Amended L.1977, c. 640, § 3; L.1981, c. 441, § 1; L.2003, c. 602, § 8, eff. March 1, 2004.)

§ 71-0705. Enforcement

1. All police officers and peace officers, when acting pursuant to their special duties, shall have the power to arrest without warrant any person committing an offense under the provisions of article 9 and may take such persons immediately before a magistrate having jurisdiction for trial, and exercise such other powers of peace officers as may be necessary for the enforcement of the provisions of article 9. No employees, police officers or peace officers shall compromise or settle any violation of article 9 without the order of the department.

2. In lieu of arrests, such persons designated pursuant hereto may issue appearance tickets as provided for in article one hundred fifty of the criminal procedure law to persons committing an offense other than a felony under the provisions of this article.

CREDIT(S)

(L.1972, c. 664, § 2. Amended L.1973, c. 400, § 71; L.1980, c. 843, § 126; L.2003, c. 602, § 9, eff. March 1, 2004.)

§ 71-0707. Resisting or obstructing departmental agent or employee

Any person who resists or obstructs an authorized agent or employee of the department while he is engaged in carrying out any provision of section 9-0305 shall be guilty of a violation which shall be punishable by a fine not exceeding one hundred dollars and by an additional fine of not exceeding twenty-five dollars for each additional day of such resistance or obstruction.

CREDIT(S)

(L.1972, c. 664, § 2.)

§ 71-0709. Injury to state lands

Any person who intentionally or negligently causes a fire which burns on or over state lands shall be liable to the state for treble damages and, in addition, to a civil penalty of ten dollars for every tree killed or destroyed by such fire. Damages to state lands and timber shall be ascertained and determined at the same rate of value as if such property were privately owned.

CREDIT(S)

(L.1972, c. 664, § 2. Amended L.1977, c. 640, § 4.)

§ 71-0711. Injury to municipal or private lands

Any person who causes a fire which burns on or over lands belonging to another person or to a municipality shall be liable to the party injured (a) for actual damages in case of fire negligently caused or (b) for the higher of actual damages or damages at the rate of five dollars for each tree killed or destroyed in case of fire wilfully caused.

CREDIT(S)

(L.1972, c. 664, § 2. Amended L.1977, c. 640, § 5.)

§ 71-0712. Timber theft and trespass education-training

Within such funds as may be specifically appropriated therefor, the commissioner is hereby authorized to seek the cooperation and assistance of the attorney general's office and the office of court administration to develop and provide educational-training programs for municipal justice courts, district attorneys and law enforcement agencies in relation to the control and prosecution of timber theft and trespass.

CREDIT(S)

(Added L.2003, c. 602, § 10, eff. March 1, 2004.)

§ 71-0713. Recovery for damages from fires

The state, a municipality or any person may sue for and recover damages under section 71-0709 and 71-0711, notwithstanding the distance from the place where the fire was set or started and nottwithstanding [FN1] the same may have burned over and across several separate, intervening and distinct tracts, parcels or ownerships of land.

CREDIT(S)

(L.1972, c. 664, § 2.)

[FN1] So in original. Probably should be “notwithstanding”.

§ 71-0715. Rules of evidence applicable to forest fire cases

1. Prima facie cause on railroad right of way. The fact that a fire originates upon the right of way of a railroad shall be prima facie evidence that the fire was caused by the negligence of the railroad company.

2. Prima facie cause in clearing lands. Whenever a fire has been set for the purpose specified in subdivision 5 of section 9-1105 in any of the fire towns it shall be prima facie evidence that the fire was started by the owner or occupant of the land.

CREDIT(S)

(L.1972, c. 664, § 2.)

 

Title 9. Enforcement of Articles 11 and 13--the Fish and Wildlife Law

§ 71-0901. Applicability of title

In addition to the provisions of sections 71-0101, 71-0301 and title 5 of this article the provisions of this title shall be applicable to the enforcement of articles 11 and 13 of this chapter. This title shall also apply to enforcement undertaken pursuant to the functions, powers, duties and obligations of the Department of Environmental Conservation provided for in section 41-0105.

CREDIT(S)

(L.1972, c. 664, § 2.)

§ 71-0903. Accessories guilty as principals

1. A person who counsels or aids in a violation of any provision of the Fish and Wildlife Law [FN1] or a regulation or order of the department pursuant to the Fish and Wildlife Law, or knowingly shares in any of the proceeds of such a violation by receiving or possessing fish, game, wildlife, shellfish, crustacea or protected insects is guilty of the violation which he counsels or aids, or the proceeds of which he knowingly shares.

2. In any case where possession, transportation, buying or selling of fish, game, wildlife, shellfish, crustacea or insects is unlawful solely because the taking thereof was unlawful, such possession, transportation, buying or selling by a person other than a person guilty of the unlawful taking shall be punishable only if done with knowledge that the taking was unlawful.

CREDIT(S)

(L.1972, c. 664, § 2.)

[FN1] ECL 11-0101 et seq. and 13-0101 et seq.

§ 71-0905. Penal Law, Criminal Procedure Law and other laws not affected

1. No provision or language of the Fish and Wildlife Law [FN1] shall be construed as amending, repealing, superseding or limiting any provision of the Penal Law, Criminal Procedure Law or other law, except to the extent that such provision or language is expressly stated to be applicable notwithstanding such law, or notwithstanding any other law. Except to such extent, any provisions of the Fish and Wildlife Law inconsistent with the provisions of any other law shall be deemed to be effective for the purposes of the Fish and Wildlife Law only.

2. Repealed.

CREDIT(S)

(L.1972, c. 664, § 2. Amended L.2004, c. 289, § 3, eff. Oct. 1, 2004.)

[FN1] ECL 11-0101 et seq. and 13-0101 et seq.

§ 71-0907. Powers and duties of enforcement officers

1. All officers and employees, designated by the commissioner, and all peace officers, when acting pursuant to their special duties and all police officers, shall enforce all laws of the state relating to fish, wildlife, shellfish, crustacea, protected insects and game. Such officers may include conservation officers, regional and assistant regional conservation officers, special game protectors, inspectors of the office of parks and recreation, bay constables, and forest rangers.

2. All police officers, and all peace officers, when acting pursuant to their special duties, and all officers and employees of the department, as may be designated by the commissioner, shall enforce the provisions of title 21 of article 11 of the Fish and Wildlife Law, [FN1] and the provisions of article 71 applicable thereto, except that the department and its enforcement officers are not obligated to enforce the provisions of section 11-2113 prohibiting trespass upon lands privately owned, other than licensed game preserves and shooting preserves, unless the trespass committed consists of (a) hunting, fishing or trapping or disturbing wildlife; or (b) cutting, pulling or digging of trees; or (c) the removal of trees.

3. The officers named in subdivision 1 shall enforce the provisions of this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article or of judgments obtained for violation thereof, and shall have, particularly, the powers stated in subdivision 4. Peace officers shall have the same powers as conservation officers, and state police under the Fish and Wildlife Law [FN2], except the power to search without warrant.

4. Officers named in subdivision 1 shall have power:

a. To execute all warrants and search warrants issued for violation of the Fish and Wildlife Law and to serve subpoenas issued for examination, investigation or trial of offenses against any of its provisions;

b. To search without search warrant any boat or vehicle of any kind, any box, locker, basket, creel, crate, game bag, package or any container of any nature and the contents of any building other than a dwelling whenever they have cause to believe that any provision of this article or of any law for the protection of fish, shellfish, crustacea, wildlife, game or protected insects has been or is being violated, and to use such force as may be necessary for the purpose of examination and search;

c. To search any dwelling and its contents, provided they have a search warrant to do so;

d. To arrest without warrant any person committing in their presence a misdemeanor under the provisions of this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article and to take such person immediately before a magistrate having jurisdiction for trial;

e. To seize as evidence without warrant any fish, shellfish, crustacea, wildlife, game, or parts thereof, protected insects or plumage as defined in section 11-1729, whenever they have cause to believe it is possessed or transported in violation of law, or it bears evidence of illegal taking, or it is possessed or transported under circumstances making the possession or transportation presumptive evidence of illegal taking;

f. To seize as evidence without warrant

(1) Any net, trap or other device constituting a nuisance as defined in section 71-0915;

(2) Any net, trap or device other than a boat, a vehicle, or aircraft or a firearm when they have cause to believe that its possession or use is in violation of any provision of the Fish and Wildlife Law or regulation pursuant thereto;

(3) Any firearm, when they have cause to believe that it has been used in a violation of the Fish and Wildlife Law constituting a misdemeanor involving the illegal taking or attempting to take wild deer;

(4) Any rakes, tongs, dredges, or device other than a boat or vehicle used, or in possession for purpose of use, for the taking of shellfish in violation of subdivisions 1 or 2 of section 13-0309. For the purposes of this paragraph “device” includes a bird, dog, or other animal used in or as an aid in taking fish or wildlife, any jack light, spot light or other artificial light other than a headlight attached in proper position to a motor vehicle, any hunting appliance or apparatus and any fishing or netting gear or tackle. This paragraph does not limit any power of seizure pursuant to warrant.

(5) Any boat or vehicle, when they have probable cause to believe it has been used for the taking of shellfish in violation of subdivision 2 or 3 of section 13-0309 of this chapter by a person possessing, at the time of such use, commercial shellfish harvesting gear or shellfish in excess of two pecks. For the purposes of this subparagraph “commercial shellfish harvesting gear” shall mean rakes, tongs, dredges and other devices commonly used to harvest shellfish for commercial purposes.

5. To retain custody of and provide for the safekeeping of any thing seized as provided in paragraph e or f of subdivision 4 of this section, or deposit it for safekeeping with any police officer, as he deems appropriate, subject to regulations of the department, or of the Superintendent of State Police in the case of a member of the state police, and subject to order of any court having jurisdiction, until determination of any prosecution, civil or criminal, arising from the violation or alleged violation with respect to which they are evidence.

6. No officer named in subdivision 1 shall compromise or settle out of court any civil liability for any violation of the Fish and Wildlife Law.

7. No person shall fail or refuse to comply with any lawful order or directive of any conservation officer or other person duly empowered to enforce all laws of the state relating to fish, wildlife, shellfish, crustacea, protected insects and game.

CREDIT(S)

(L.1972, c. 664, § 2. Amended L.1980, c. 843, § 130; L.1981, c. 366, § 1; L.1997, c. 648, § 1, eff. Sept. 24, 1997.)

[FN1] ECL 11-0101 et seq.

[FN2] ECL 11-0101 et seq. and 13-0101 et seq.

§ 71-0909. Forfeitures

1. If the defendant in any prosecution, civil or criminal, for a violation involving the taking of deer with the aid of an artificial light, is held liable or found guilty, or shall effect a civil settlement of any action or cause of action in favor of the state arising out of such violation, the defendant's interest in all things seized as provided in paragraph f of subdivision 4 of section 71-0907 in connection with such violation shall be declared confiscated by and forfeit to the state. Unless a claim of ownership by some other person is made to the department within thirty days after the date of seizure and is established by order of a court or to the satisfaction of the department, all such things shall be disposed of as the department shall direct.

2. If the defendant in any prosecution, civil or criminal, for a violation involving the illegal taking, possession, or transportation of any fish, shellfish, crustacea, wildlife, game or protected insects, is held liable or found guilty, the ownership and right of possession thereof shall be deemed vested or revested in the state for all purposes, notwithstanding any claim of the defendant or of any other person to private ownership lawfully acquired prior to the act or possession constituting such violation, unless such claim shall be established or the operation of this subdivision shall be stayed by order of a court having jurisdiction of the prosecution or an appeal therefrom, or of the subject matter of the claim, before judgment in such prosecution is rendered. If any such claim is asserted by or on behalf of any person in the course of any such prosecution, the court in which the proceedings are had may make such order, or may stay the judgment for such time as he deems proper to permit determination of the claim or application for a stay of the operation of this subdivision.

3. If the defendant is held liable or found guilty in any prosecution, civil or criminal, for a violation involving: a. the illegal use of a net or other device, other than a boat, vehicle, aircraft or firearm, the use of which is prohibited under any and all circumstances for taking the species for which it was used in the violation involved, or is so prohibited except in accordance with a permit issued by the department or; b. possession of nets in any case where such possession is prohibited by section 11-1517 or subdivision 16 of section 13-0343, or if the defendant shall effect a civil settlement of any action or cause of action in favor of the state arising out of such violation, the defendant's interest in the device shall be forfeited to the state. Unless a claim of ownership of such device shall be made to the department by some other person within thirty days thereafter, and shall be established by order of a court or to the satisfaction of the department, such device shall be disposed of as the department shall direct.

4. If the defendant is held liable or found guilty in any prosecution, civil or criminal, of the taking of shellfish in violation of subdivisions 1 or 2 of section 13-0309 or if the defendant shall effect a civil compromise of any action or cause of action in favor of the state arising out of such violation, the defendant's interest in any and all rakes, tongs, dredges or devices other than a boat or vehicle, used for the purpose of taking shellfish in violation of such provisions shall be forfeited to the state. Unless a claim of ownership of such device shall be made to the department by some other person within thirty days thereafter, and shall be established by order of a court or to the satisfaction of the department, such device shall be disposed of as the department shall direct.

4-a. In addition to any other penalties imposed by this chapter, the violation of subdivision 2 or 3 of section 13-0309 of this chapter shall be punishable by forfeiture of any boat or vehicle employed in the violation of such subdivisions.

5. a. For the purposes of this section, a claim of ownership shall mean any lawful interest, including a part interest or security interest.

b. A claim of ownership shall not prevent vesting or revesting of ownership and right of possession in the state pursuant to subdivision 2 of this section unless the person establishing it either establishes a right of ownership exclusive of any interest in the defendant or shall purchase or redeem from the state any interest of the defendant by payment to the state of the value thereof together with the reasonable expenses of safekeeping of such property between the time of seizure and such redemption. Establishment of a claim of ownership shall not in any event prevent such revesting in the state if the state shall establish that the illegal possession or transportation of which the defendant is held liable or found guilty was expressly or impliedly permitted by the person establishing the claim of ownership.

c. Establishment of a claim of ownership consisting of a part ownership or a security interest shall not entitle the person establishing it to delivery of property as to which the interest of the defendant is declared confiscated or forfeit as provided in subdivision 1 of this section or is forfeited as provided in subdivisions 3 and 4 of this section unless the person establishing it shall redeem any interest of the defendant by payment to the state of the value thereof together with the reasonable expenses of safekeeping of such property between the time of seizure and such redemption. Establishment of a claim of ownership shall not in any event entitle the person establishing it to delivery of the property if the state shall establish that the illegal use or possession of such property, in the manner or for the purposes or in the circumstances making such use or possession illegal, was expressly or impliedly permitted by the person establishing such claim of ownership.

d. Where a person establishing a claim of ownership is required to purchase or redeem any interest of the defendant in a civil or criminal prosecution in order to be entitled to delivery of property in which such claim of ownership is established, such interest of the defendant must be so purchased or redeemed not less than ten days after the price of purchase or redemption shall have been fixed by order of the court or agreed between the person whose claim is so established and the department. The department shall have power to enter into such agreement on behalf of the state. If a person establishing a claim of ownership shall fail to purchase or redeem the interest of the defendant within the time provided in this subdivision, or such longer time as may be provided by order of the court or agreement of the department, he shall be deemed to have abandoned his claim of ownership, and the property may be disposed of as if no such claim had been asserted.

e. All moneys received in payment of the price of redeemption [FN1] or purchase of the defendant's interest shall be deposited in the conservation fund provided by section 83 of the State Finance Law.

6. A person asserting a claim of ownership as provided in this section shall have the burden of proof.

7. In any action or proceeding in which any person asserts a claim of ownership with respect to property in which the interest of the defendant is declared confiscated and forfeited as provided in subdivision 1 of this section or is forfeited as provided in subdivision 3 of this section, the testimony of such person, or of the defendant in the civil or criminal prosecution, or of both, shall not be deemed sufficient to establish his claim unless corroborated by documentary evidence or by testimony of some other person not interested in the event.

CREDIT(S)

(L.1972, c. 664, § 2. Amended L.1981, c. 366, § 2; L.1991, c. 101, § 5.)

[FN1] So in original.

§ 71-0911. Search warrants; when issued

Whenever it appears probable that fish, wildlife or game, shellfish, crustacea, protected insect, [FN1] or parts thereof taken or possessed contrary to the Fish and Wildlife Law [FN2] are concealed, or that a net possessed contrary thereto is concealed, any local criminal court having criminal jurisdiction shall issue a search warrant for the discovery thereof in accordance with the practice provided in article 690 of the Criminal Procedure Law, as far as it is applicable.

CREDIT(S)

(L.1972, c. 664, § 2.)

[FN1] So in original. Probably should read “insects.”

[FN2] ECL 11-0101 et seq. and 13-0101 et seq.

§ 71-0913. Reciprocal enforcement of violations in boundary waters

If and when the state of Vermont, or the state of New Jersey, or the state of Pennsylvania, or the state of Connecticut, or the state of Rhode Island, as the case may be, shall enact a similar law for the arrest and punishment of violations of the conservation law or fish laws of such state or of the provisions listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article, committed or attempted by any person fishing in any waters or parts thereof lying between such state and the state of New York, any conservation officer or other person, who is authorized to make arrests for violations of the conservation or fish laws of such state or of the provisions listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article, shall have power and authority to make arrests on any part of such waters between such state and the State of New York, or the shores thereof, and to take the person so arrested for trial to the state in which the violation was committed and there to prosecute him according to the laws of such state.

CREDIT(S)

(L.1972, c. 664, § 2.)

§ 71-0915. Abatement of nuisances

1. The following are declared to be nuisances which may be abated as provided in this section:

a. Any trap, snare or net, set or used without permit from the Department for taking a wild bird;

b. Any trap set or used in violation of section 11-1101;

c. Any net, bait-line, set line, eel weir or pot, tip-up, baitfish trap, or other device for taking fish or crustacea, and any device for taking insects, set or used in violation of any law or regulation under which use of the device is prohibited, or its use is prohibited at the time or place, or in the manner or circumstances in which it is used, except where the violation consists only in the fact that the device was set or used without first obtaining a license and, under laws and regulations in effect at the time the device is set or used, such license is issuable upon application therefor and payment of the fee, if any, applicable thereto.

2. Nuisances defined in paragraph a of subdivision 1 may be abated summarily by any person. Nuisances defined in paragraph a, b or c of subdivision 1 may be abated by any conservation officer.

3. Upon abatement of such nuisance, the conservation officer shall take into custody the net or device so used in any case where the person guilty of the violation is not present or cannot be identified at the time the nuisance is abated. If the net or device is thereafter forfeited as provided in section 71-0909, or, not being so forfeited, shall remain unclaimed by the owner for thirty days, it shall be disposed of as the department shall direct.

4. In any case where the person guilty of the violation is arrested or served with a summons at the time of the abatement of the nuisance, the conservation officer may seize the net or other device as evidence.

5. Upon abatement of any nuisance defined in this section, any fish, crustacea, wildlife or protected insect trapped, confined, hooked or caught shall be:

a. Released, permitted to escape, or returned to the water or other habitat; or

b. Destroyed; or

c. Seized as evidence; or

d. Taken into custody for future disposition pursuant to section 11-0519, as may be appropriate to the circumstances, the kind of animal involved and its condition.

6. Action taken by an enforcement officer as provided in this section or pursuant to this section and section 11-0519 shall not subject him or the state to liability, even though it is subsequently determined that the trap, net or other device involved was not in violation of law, if it is established that the enforcement officer had reasonable grounds to believe that it constituted a nuisance as provided in this section.

CREDIT(S)

(L.1972, c. 664, § 2.)

§ 71-0917. Presumptions from possession

1. Possession of any fish, shell-fish, crustacea or game, or parts thereof, at a time when there is no open season anywhere in the state for the species possessed, shall be presumptive evidence that it was taken unlawfully.

2. Possession of any fish, shell-fish, crustacea, wildlife or protected insect shall be presumptive evidence that it was taken by the possessor.

CREDIT(S)

(L.1972, c. 664, § 2.)

§ 71-0919. Punishment of violations of Fish and Wildlife Law

1. [FN1] Any person who violates any provision of the Fish and Wildlife Law [FN2] or any lawful order, rule or regulation of the department promulgated pursuant thereto or the terms of any permit issued thereunder, and any person, including a public officer, who fails to perform any duty thereby imposed on him:

a. In the case of offenses specified in section 71-0921 of this chapter, is guilty of a misdemeanor, punishable as provided in that section, and

b. In the case of any other offense, is guilty of a violation, punishable as provided in section 71-0923 of this chapter, and

c. In addition thereto is liable in either case to the penalties provided in the schedule set forth in section 71-0925 or provided elsewhere in this chapter; and

d. In the cases provided in sections 11-0719 and 11-2115, is liable to revocation of licenses to hunt, fish or trap, disqualification for such licenses and denial of the privilege of hunting, fishing or trapping, as provided in those sections; and

e. In the case of violations for which such forfeiture or revocation is provided, is subject to revocation or forfeiture of other licenses issued pursuant to the Fish and Wildlife Law; and

f. In the cases provided in section 71-0909, is liable to forfeiture and confiscation of property involved in such violations, as provided in that section.

CREDIT(S)

(L.1972, c. 664, § 2. Amended L.1977, c. 640, § 6.)

[FN1] Former subds. 2 to 6 were repealed.

[FN2] ECL 11-0101 et seq. and 13-0101 et seq.

§ 71-0921. Misdemeanors

The following acts are misdemeanors, punishable as herein provided, when they are done in violation of the section or subdivision thereof specified, or if no section is specified, in violation of any section of the Fish and Wildlife Law:

1. The illegal taking of big game prior to the first day of the open season or after the last day of the open season in the county or part thereof where taken, or any illegal taking of a deer, or the taking of big game by the aid of an artificial light. Each such misdemeanor shall be punishable by imprisonment for not more than one year or by a fine of not less than two hundred fifty dollars nor more than two thousand dollars, or by both such imprisonment and fine.

1-a. Repealed.

2. The illegal taking of a bear less than one year old or the taking of a bear by a means or method not permitted by this chapter. Such misdemeanor shall be punishable by imprisonment for not more than one year or by a fine of not more than two thousand dollars, or by both such imprisonment and fine.

3. Possession, use or discharge of a firearm in violation of subdivision 1, 2, 4, 5, or 6 of section 11-0931 of this chapter. Each such misdemeanor shall be punishable by imprisonment for not more than three months or by a fine of not less than two hundred dollars nor more than one thousand dollars, or by both such imprisonment and fine.

4. a. Violations of:

(1) subdivision one of section 13-0309 of this chapter involving the taking of shellfish from uncertified shellfish lands, or the possession, transportation, sale or trafficking in shellfish so taken;

(2) subdivision two of section 13-0309 of this chapter involving the taking of shellfish between sunset and sunrise;

(3) subdivision ten of section 13-0309 of this chapter involving the possession of a stick dredge after one prior conviction under such subdivision for such activity;

(4) subdivision one of section 13-0311 of this chapter involving the taking of shellfish without the required digger's permit;

(5) subdivision seven of section 13-0311 of this chapter involving the taking of shellfish while one's digger's permit is suspended or revoked;

(6) subdivision one of section 13-0315 of this chapter involving the processing, transportation, shipment or sale of shellfish without the required shipper's or processor's permit;

(7) regulations promulgated by the department pursuant to section 13-0319 of this chapter involving the failure to tag or seal shellfish or the falsifying of any information required on any tag or seal required by said regulations;

(8) subdivision five of section 13-0325 of this chapter, regarding the taking of undersized clams, where the taking involves more than twenty-four percentum of clams of less than legal size;

(9) subdivision two of section 13-0327 of this chapter, regarding the taking of undersized scallops, where the taking involves more than twenty-four percentum of scallops of less than legal size; and

(10) section 13-0344 of this chapter involving the dumping of objects into the water after being signaled by a police officer or peace officer to stop for inspection.

b. Each such misdemeanor identified in paragraph a of this subdivision shall be punishable as follows:

(1) For a first conviction for any of the violations listed in paragraph a of this subdivision, by imprisonment for not more than sixty days, a fine of not less than two hundred fifty dollars nor more than one thousand dollars plus, if applicable, an amount equal to the market value of the shellfish involved in the violation, or by both such imprisonment and fine.

(2) For a second conviction for any of the violations listed in paragraph a of this subdivision, by imprisonment for not more than ninety days, a fine of not less than five hundred dollars nor more than twenty-five hundred dollars plus, if applicable, an amount equal to three times the market value of the shellfish involved in the violation, or by both such imprisonment and fine.

(3) For a third or subsequent conviction for any of the violations listed in paragraph a of this subdivision, by imprisonment for not more than one hundred eighty days, a fine of not less than one thousand dollars nor more than ten thousand dollars plus, if applicable, an amount equal to three times the market value of the shellfish involved in the violation, or by both such imprisonment and fine.

(4) Provided, further, that all equipment or conveyances used to harvest, transport or traffic in such illegal shellfish may be forfeited for any third or subsequent conviction of the above violations, in addition to such penalties or imprisonment. Such forfeiture shall be in addition to any forfeiture authorized by section 71-0909 of this article.

5. a. Violations of:

(1) subdivision three of section 13-0309 of this chapter involving the illegal use of dredges, scrapes or other devices operated by power or by boats propelled by motor or other mechanical means for the purpose of taking shellfish;

(2) subdivision eight of section 13-0309 of this chapter involving the operation, use or placing, for whatever purpose, of dredges, rakes, tongs or other devices for the taking of shellfish in uncertified shellfish lands after a prior conviction under such subdivision for such activity;

(3) subdivision nine of section 13-0309 of this chapter involving the altering, damaging, mutilating, moving or carrying away of buoys or markers used to designate the uncertified waters of the state;

(4) subdivision five of section 13-0325 of this chapter regarding the taking of undersized clams, where the taking involves between ten and twenty-four percentum of clams of less than legal size; and

(5) subdivision two of section 13-0327 of this chapter, regarding the taking of undersized scallops, where the taking involves between ten and twenty-four percentum of scallops of less than legal size.

b. Each such misdemeanor identified in paragraph a of this subdivision shall be punishable as follows:

(1) For a first conviction of any of the violations listed in paragraph a of this subdivision, by imprisonment for not more than thirty days, a fine of not less than two hundred fifty dollars nor more than five hundred dollars plus, if applicable, an amount equal to the market value of the shellfish involved in the violation, or by both such imprisonment and fine.

(2) For a second conviction for any of the violations listed in paragraph a of this subdivision, by imprisonment not to exceed sixty days, a fine of not less than five hundred dollars nor more than one thousand dollars plus, if applicable, an amount equal to the market value of the shellfish involved in the violation, or by both such imprisonment and fine.

(3) For a third or subsequent conviction for any of the violations listed in paragraph a of this subdivision, by imprisonment for not more than one hundred eighty days, a fine of not less than one thousand dollars nor more than five thousand dollars plus, if applicable, an amount equal to the market value of the shellfish involved in the violation, or by both such imprisonment and fine.

6. Violations of paragraph b of subdivision 3 or subdivision 5 or 12 of section 13-0329 of this chapter. Each such misdemeanor shall be punishable by imprisonment for not more than one year or by a fine of not less than five hundred dollars nor more than two thousand dollars, or by both such imprisonment and fine.

7. Violations of subdivision 7 or 11 of section 13-0329 of this chapter. Each such misdemeanor shall be punishable by imprisonment for not more than ninety days or by a fine of not less than five hundred dollars nor more than one thousand dollars, or by both such imprisonment and fine.

8. Making a false statement in applying for a license, stamp or permit under the Fish and Wildlife Law [FN1], or for a certificate in lieu of a lost license or stamp or a duplicate big game license tag under title 7 of article 11 of this chapter. Each such misdemeanor shall be punishable by imprisonment for not more than three months, or by a fine of not more than two hundred dollars, or by both such imprisonment and fine. In addition, the department may immediately revoke the license, stamp, permit or certificate for which application was made for the remainder of its effective term.

9. Failure to give the department the prompt notification required under subdivision 10 of section 13-0301 of this chapter, when the specified buoys or markers are destroyed. Each such misdemeanor shall be punishable by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or by both such imprisonment and fine.

10. Violation of subdivision 10 of section 11-0901 involving the illegal taking of a moose. Each such misdemeanor shall be punishable by imprisonment for not more than one year or by a fine of not more than two thousand dollars, or by both such imprisonment and fine.

11. Any person who violates the provisions of section 11-0537 of this chapter, in the case of a first violation, shall be guilty of a class B misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five thousand dollars or by imprisonment not to exceed ninety days, or both; provided that in the case of a second or subsequent violation such person shall be guilty of a class A misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed ten thousand dollars or imprisonment not to exceed one year, or both; provided, further, that the commission of each taking or other act prohibited by section 11-0537 of this chapter with respect to a bald or golden eagle shall constitute a separate violation of this section; provided, further, that one-half of any such fine, but not to exceed two thousand five hundred dollars, shall be paid to the person or persons giving information which leads to conviction.

12. Any violation of section 13-0344 of this chapter is punishable by imprisonment for not more than thirty days, or by a fine of not less than two hundred fifty dollars nor more than one thousand dollars, or by both such fine and imprisonment.

13. Violations of subdivision one or two of section 11-1904 of this chapter. Each such misdemeanor shall be punishable by a fine of not more than two thousand five hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment; except that where the person convicted of violating such subdivision has gained money or property through the commission of the violation, in lieu of the two thousand five hundred dollar maximum fine provided for herein, the court may impose a fine in accordance with the provisions of subdivision five of section 80.05 of the penal law.

CREDIT(S)

(Added L.1977, c. 640, § 7. Amended L.1980, c. 31, § 1; L.1980, c. 313, § 1; L.1980, c. 711, § 1; L.1983, c. 455, § 2; L.1984, c. 595, § 5; L.1985, c. 522, § 3; L.1987, c. 340, § 1; L.1989, c. 168, § 2, L.1989, c. 416, §§ 5, 6; L.1992, c. 143, § 1; L.1992, c. 315, § 1; L.1996, c. 417, § 4. Amended L.1997, c. 60, § 4, eff. May 16, 1997; L.1997, c. 156, § 3; L.1997, c. 270, § 1, eff. Nov. 1, 1997; L.1999, c. 208, § 4, eff. Nov. 1, 1999; L.2004, c. 289, § 4, eff. Oct. 1, 2004; L.2007, c. 347, § 1, eff. July 18, 2007.)

[FN1] ECL 11-0101 et seq. and 13-0101 et seq.

§ 71-0923. Violations

1. Any offense specified in section 71-0919 of this article, unless made a misdemeanor by section 71-0921 of this article or another provision of such chapter, shall be a violation, punishable, except as otherwise provided in this section, by imprisonment for not more than fifteen days, or by a fine of not more than two hundred fifty dollars, or by both such fine and imprisonment.

2. A violation of subdivision 1 of section 11-0705 of this chapter shall be punishable as follows:

a. As provided in subdivision 1 of this section, if the violation consisted of a refusal to exhibit a license on demand of any environmental conservation officer or other person;

b. By forfeiture of the license and by a fine of not more than twenty-five dollars if the violation was committed while exercising the privileges of a special antlerless deer license and consisted of failure of the offender to have on his person a license held by him entitling him to exercise those privileges.

3. A violation of subdivision 2 of section 11-0705 of this chapter shall be punishable by forfeiture of licenses and tags issued pursuant to this chapter which authorizes the holder to hunt wildlife and by a fine of not more than twenty-five dollars.

4. When a license or license tag is forfeited as provided in this section, the licensee shall surrender it to any environmental conservation officer, special game protector or any other person authorized by the department to receive it. Such forfeiture does not prevent the procurement of another license.

5. A violation of subdivision one of section 11-0923 is punishable by imprisonment for not more than ten days, or by a fine of not less than two hundred dollars, or by both such fine and imprisonment.

6. A first conviction for a violation of subdivision eight of section 13-0309 of this chapter, involving devices for taking shellfish in uncertified lands, or a violation of subdivision ten of section 13-0309 of this chapter, involving possession of a stick dredge, shall be punishable as a violation under this section.

7. Repealed.

8. Any violation of sections 13-0329, 13-0330, 13-0331, 13-0333, 13-0334, 13-0335, subdivision one of section 13-0337, 13-0338, 13-0339, 13-0339-a, 13-0340, 13-0340-a through 13-0340-g, 13-0341, 13-0342, 13-0343, 13-0347, and 13-0349 of this chapter, or of any regulation adopted pursuant to the foregoing sections, shall be punishable by imprisonment of not more than fifteen days or by a fine of the greater of two hundred fifty dollars or:

a. for violations involving one to five fish, shellfish or crustaceans, twenty-five dollars for each fish, shellfish or crustacean taken or possessed in violation of the above sections;

b. for violations involving six to twenty-five fish, shellfish or crustaceans, fifty dollars for each fish, shellfish or crustacean taken or possessed in violation of the above sections;

c. for violations involving more than twenty-five fish, shellfish or crustaceans, one hundred dollars for each fish, shellfish or crustacean taken or possessed in violation of the above sections; or by both such fine and imprisonment.

For purposes of determining the applicable fine pursuant to this subdivision, the number of fish, crustaceans or shellfish shall be the aggregate number involved in the violation, regardless of species.

9. A violation of section 11-0110 of this chapter is punishable by imprisonment for not more than ten days, or by a fine of not more than two hundred fifty dollars, or by both such fine and imprisonment.

10. A violation of subdivision twelve of section 11-1101 of this chapter is punishable by imprisonment of not more than ten days, or by a fine of not more than one hundred dollars, or by both such fine and imprisonment.

11. A violation of subdivision eight of section 11-0505 of this chapter shall be punishable by a fine of not more than fifty dollars.

12. A violation of section 11-1906 of this chapter shall be punishable by a fine of not more than two thousand five hundred dollars.

CREDIT(S)

(Added L.1977, c. 640, § 8. Amended L.1978, c. 208, § 28; L.1979, c. 160, § 18; L.1980, c. 694, § 25; L.1980, c. 896, § 1; L.1981, c. 23, § 1; L.1981, c. 530, § 2; L.1983, c. 455, §§ 3, 4; L.1986, c. 323, § 1; L.1986, c. 881, § 2; L.1991, c. 586, § 2; L.1992, c. 143, § 2; L.1996, c. 417, §§ 5, 6; L.1997, c. 381, § 2, eff. Oct. 4, 1997; L.2002, c. 82, pt. F, § 53, eff. Oct. 1, 2002; L.2004, c. 284, § 5, eff. Aug. 3, 2004; L.2005, c. 653, § 2, eff. Sept. 16, 2005.)

§ 71-0924. Illegal commercialization of fish, shellfish, crustaceans, and wildlife

Notwithstanding any other provision of this chapter, when a violation involves the sale, trade or barter of fish, shellfish, crustaceans, wildlife, or parts thereof, the sale, trade or barter of which is prohibited by the fish and wildlife law, the following additional penalties shall be imposed:

1. where the value of fish, shellfish, crustaceans, wildlife, or parts thereof, is two hundred fifty dollars or less, the offense shall be a violation punishable by a fine of five hundred dollars and/or not more than fifteen days of imprisonment;

2. where the value of fish, shellfish, crustaceans, wildlife, or parts thereof, is more than two hundred fifty dollars but does not exceed one thousand five hundred dollars, the offense shall be a misdemeanor punishable by a fine of five thousand dollars and/or not more than one year of imprisonment; and

3. where the value of fish, shellfish, crustaceans, wildlife, or parts thereof, exceeds one thousand five hundred dollars, the offense shall constitute a class E felony under the provisions of the penal law.

4. For the purposes of this section the value of fish, shellfish, crustaceans and wildlife shall be the fair market value of or actual price paid for such resource, whichever is greater. For purposes of this section, “sale” shall include the acts of selling, trading or bartering and all related acts, such as the act of offering for sale, trade or barter, and shall also include the illegal possession of fish, shellfish, wildlife or crustacea with intent to sell. It shall be presumptive evidence of possession with intent to sell when such fish, shellfish, wildlife or crustacea is possessed in quantities exceeding the allowable recreational quantities, or is possessed in a retail or wholesale outlet commonly used for the buying or selling of such fish, shellfish, wildlife or crustacea, provided, however, that nothing in this subdivision shall preclude the admission of other evidence which may serve to independently prove a defendant's intent to sell.

CREDIT(S)

(Added L.1988, c. 69, § 2. Amended L.1996, c. 417, § 7.)

§ 71-0925. Civil penalties

The penalties referred to in section 71-0919, to which a person is liable upon violation of provisions of the Fish and Wildlife Law [FN1] of any order, rule or regulation of the department, shall be:

1. Unless another penalty is specifically provided for in this subdivision or elsewhere in the Fish and Wildlife Law, two hundred dollars and an additional penalty of one hundred dollars for each fish, bird or animal or part thereof, other than shellfish or crustacea, involved in the violation; an additional penalty of one hundred dollars for each bushel of shellfish or each crustacean, including lobster, or part thereof, plus an amount equal to the market value or actual price paid, whichever is greater, of the shellfish or crustacea involved in the violation;

2. Except as provided in subdivision 3 or another provision of the Fish and Wildlife Law, if the violation relates to deer, bear, elk, except captive bred and raised North American elk (Cervus elaphus), moose, caribou, antelope, wild turkey, lynx, beaver, or a part thereof, two hundred dollars, and an additional penalty of two hundred dollars for each such animal or part thereof involved in the violation;

3. If the violation involves the illegal taking of a deer prior to the first day of the open season or after the last day of the open season in the county or part of a county in which taken, or the taking of deer with the aid of an artificial light, or the illegal taking of a wild deer, one hundred dollars and an additional penalty of four hundred dollars for the first deer taken and a further penalty of five hundred dollars for each succeeding deer taken;

4. If the violation was an act prohibited by section 11-1321 or by subdivision 2 of section 11-0503, or by subdivision 2 of section 11-0505, or section 13-0345, five hundred dollars, and an additional penalty of ten dollars for each fish taken, killed or possessed in violation thereof;

5. If the violation was any act prohibited by subdivision 1 of section 11-0503, not less than five hundred dollars nor more than one thousand dollars for each offense and an additional penalty of ten dollars for each fish killed in violation thereof;

6. If the violation was a violation of paragraph b of subdivision 4 of section 11-0321, a violation of subdivision 1 of section 11-2113, or a violation of section 11-2115, not less than twenty-five dollars nor more than one hundred dollars; and in addition, as determined by the court, to either actual damages or the sum of ten dollars for each sign injured, defaced or removed in violation of section 11-2113, which shall be payable to the person sustaining the damage, injury, defacement or removal of such sign, and costs of suit, all of which may be recovered in the same action;

7. If the violation was a violation of sections 13-0329, 13-0330, 13-0331, 13-0333, 13-0334, 13-0335, subdivision one of section 13-0337, 13-0338, 13-0339, 13-0339-a, 13-0340, 13-0340-a through 13-0340-g, 13-0341, 13-0342, 13-0343, 13-0347, and 13-0349 of this chapter, or of any regulation adopted pursuant to the foregoing sections, the greater of two hundred fifty dollars or:

a. for violations involving one to five fish, shellfish or crustaceans, twenty-five dollars for each fish, shellfish or crustacean taken or possessed in violation of the above sections;

b. for violations involving six to twenty-five fish, shellfish or crustaceans, fifty dollars for each fish, shellfish or crustacean taken or possessed in violation of the above sections;

c. for violations involving more than twenty-five fish, shellfish or crustaceans, one hundred dollars for each fish, shellfish or crustacean taken or possessed in violation of the above sections.

For purposes of determining the applicable fine pursuant to this subdivision, the number of fish, crustaceans or shellfish shall be the aggregate number involved in the violation, regardless of species;

7-a. If the violation was a violation of subdivision 1 or 2 of section 13-0309, or section 13-0323 or 13-0327, or section 13-0344, not less than two hundred fifty dollars nor more than one thousand dollars for each offense;

7-b. If the violation was a violation of subdivision one or two of section 13-0325 of this chapter there shall be a minimum penalty of twenty-five dollars and a maximum of two hundred fifty dollars per container or bushel involved in the violation.

7-c. If the violation was a violation of subdivision 4 or 5 of section 13-0333, not less than two thousand five hundred dollars nor more than ten thousand dollars for each offense;

8. If a violation of subdivisions 1 or 2 of section 13-0309 occurs during the time when a permit or license to take shellfish has been suspended or revoked pursuant to the provisions of subdivision 3 of section 13-0311 or subparagraph (3) of paragraph b of subdivision 1 of section 11-0719, not less than five hundred dollars nor more than fifteen hundred dollars for each offense, and in addition the forfeiture to the state of the tongs, rakes, dredges or devices other than boats used by or in connection with such illegal taking;

9. If the violation was a failure by any public officer to perform any duty imposed by the Fish and Wildlife Law or by any rule or regulation of the department, one hundred dollars;

10. If the violation was an act prohibited by section 11-2117, one hundred dollars, one-half of which shall be payable to the owner or occupant of the damaged property, in addition to the actual damages, if any, recoverable by the person sustaining the damage;

11. If the violation involved the illegal taking or possessing of muskrats taken from a registered muskrat marsh covered by a permit under section 11-1109, when the violation is committed by the registrant holding the permit or other person designated in writing to trap on the marsh of such registrant, while the permit is in force, not less than one hundred dollars nor more than five hundred dollars;

12. If the violation was a violation of section 11-1731; relating to bird plumage for fish-fly tying, five hundred dollars.

13. If the violation was an act prohibited by subdivision two of section 11-0535 or by section 11-0536 of this chapter, or by any lawful rule or regulation of the department promulgated pursuant thereto, not more than two thousand dollars, and an additional penalty of not more than three hundred fifty dollars for each fish, shellfish, crustacea, wildlife or part thereof involved in the violation. If the violation was an act prohibited by any regulation of the department promulgated pursuant to subdivision three of section 11-0535 of this chapter, then such penalty shall be not more than one thousand dollars, and an additional penalty of not more than two hundred dollars for each fish, shellfish, crustacea, wildlife or part thereof involved in the violation.

14. If the violation was a violation of subdivision ten of section 11-0901 involving the illegal taking of a moose, two thousand dollars.

CREDIT(S)

(L.1972, c. 664, § 2. Amended L.1976, c. 15, § 17; L.1977, c. 441, § 1; L.1983, c. 57, § 1; L.1985, c. 113, § 2; L.1985, c. 522, § 4; L.1988, c. 427, § 3; L.1992, c. 143, § 3; L.1994, c. 570, § 10; L.1995, c. 688, § 1; L.1996, c. 98, §§ 1, 2; L.1997, c. 60, §§ 5, 6, eff. May 16, 1997; L.2004, c. 284, §§ 6, 7, eff. Aug. 3, 2004; L.2005, c. 706, § 6, eff. Jan. 2, 2006.)

[FN1] ECL 11-0101 et seq. and 13-0101 et seq.

§ 71-0927. Mandatory license revocation

1. Anyone convicted of violating the prohibition against harvesting, taking, possessing or transporting shellfish under facts and circumstances meeting the criteria for imposition of sanctions pursuant to subdivision 3 of section 71-0924; or anyone convicted two or more times within five years of violating the prohibition against harvesting, taking, possessing or transporting shellfish under facts and circumstances meeting the criteria for imposition of sanctions pursuant to subdivision 2 of section 71-0924, or of violating subdivision 1 or 2, paragraph e or f of subdivision 3, subdivision 6, 8, 9, 10, 11, or 13 of section 13-0309, section 13-0317, subdivision 2 of section 13-0323, section 13-0325, subdivision 3 or 5 of section 13-0327, or section 13-0344 of this chapter shall have his license to take and land shellfish revoked and shall not be relicensed for a minimum of five years thereafter, in addition to any other sanction imposed pursuant to this article.

1-a. Anyone convicted two or more times within five years of violating subdivision 4, 5 or 7 of section 13-0333 of this chapter shall have his license to take and land menhaden revoked and shall not be relicensed for a minimum of five years thereafter, in addition to any other sanction imposed pursuant to this article.

2. Anyone convicted of unlawfully harvesting, taking, possessing or transporting any marine fish, shellfish or crustacea under facts and circumstances meeting the criteria for imposition of sanctions pursuant to subdivision 3 of section 71-0924; or anyone convicted two or more times within five years of unlawfully harvesting, taking, possessing or transporting any marine fish, shellfish or crustacea under facts and circumstances meeting the criteria for imposition of sanctions pursuant to subdivision 2 of section 71-0924, or of violating subdivision 1, paragraph c of subdivision 2, subdivision 5, 6, 7 or 9 of section 13-0329, or section 13-0344 of this chapter shall have his license to take and land lobsters revoked and shall not be relicensed for a minimum of five years thereafter, in addition to any other sanction imposed pursuant to this article.

3. Any person convicted of violating the prohibition against harvesting, taking, possessing or transporting any marine food fish under facts and circumstances meeting the criteria for imposition of sanctions pursuant to subdivision 3 of section 71-0924; or any person convicted two or more times within five years of violating the prohibition against harvesting, taking, possessing or transporting any marine food fish under facts and circumstances meeting the criteria for imposition of sanctions pursuant to subdivision 2 of section 71-0924, or of violating section 13-0344 of this chapter, shall have his license to take and land marine food fish revoked and shall not be licensed for a minimum of five years thereafter, in addition to any other sanctions imposed pursuant to this article.

4. The provisions of this section shall be in addition to the ability of the department to suspend licenses pursuant to section 13-0309, 13-0311 or 13-0329 of this chapter or any other provision of law. Revocations pursuant to this section shall be automatic upon the second conviction and shall not require any hearing for the revocation.

5. For the purposes of this section, convictions shall only include convictions for violations of this chapter and shall not include convictions for violation of department regulations promulgated pursuant to this chapter. Conviction shall also not include an admission of guilt through stipulation or a consent order or a compromise of civil penalty under section 71-0519 of this article.

6. Any person who has had his license revoked pursuant to subdivision 1 or 2 of this section may, more than sixty days subsequent to such revocation, apply to the commissioner for a reinstatement of such license. The commissioner may reinstate such revoked license for such period as determined by the commissioner and upon such conditions deemed appropriate and necessary to protect the public health and natural resources of the state, including, but not limited to the posting of bond.

CREDIT(S)

(Added L.1992, c. 315, § 2. Amended L.1997, c. 156, § 4; L.2004, c. 284, §§ 8, 9, eff. Aug. 3, 2004.)

 



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