NY Env Conserv L § 71-0925 (2021)
2021 New York Laws ENV - Environmental Conservation Article 71 - Enforcement Title 9 - Enforcement of Articles 11 and 13--the Fish and Wildlife Law 71-0925 - Civil Penalties.

§ 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 or  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. (a) 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 aid of an artificial light,  not  less  than  five  hundred dollars  and not more than one thousand dollars for the first deer taken and a further penalty of not less than five hundred dollars and not more than one thousand dollars for  each  succeeding  deer  taken;  provided, however,  that  any  person  having  been  held  liable  for a violation pursuant to this paragraph in the preceding five years shall be  subject to a fine of not less than seven hundred fifty dollars and not more than two  thousand  dollars for the first deer taken and a further penalty of not less than seven hundred fifty dollars and not more than two thousand dollars for each succeeding deer taken;  (b) If the violation involves any illegal taking of a wild deer, other than a taking described in  paragraph  (a)  of  this  subdivision,  five 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  four thousand dollars, and an additional penalty of not more than seven hundred 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 two thousand dollars, and an additional penalty  of not  more  than  four  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.   15. If the violation was  a  first  or  second  violation  of  section 11-0514  of  this chapter, a fine of up to five hundred dollars for each animal for each act  of  importation,  possession,  introduction,  sale, offer  for  sale, distribution, transportation or otherwise marketing or trading.   For a third  or  subsequent  separate  violation  of  section 11-0514  of  this  chapter,  the  greater  of  a. a fine of one thousand dollars  for  each  animal  for  each  act  of  importation,   breeding, possession,   introduction,   sale,   offer   for   sale,  distribution, transportation or otherwise marketing or trading or b. an  amount  equal to  three times (1) the financial security provided by customers for the opportunity to take the animal or (2) the  value  of  a  boar  for  meat production or as breeding stock.   16.  If  the  violation  was an act prohibited by section 11-0535-a of this chapter, not more than three thousand dollars or not more than  two times  the  value  of the article involved, whichever is greater. If the violation is a second or subsequent violation of such section 11-0535-a, not more than six thousand dollars or not  more  than  three  times  the value of the article involved, whichever is greater.   17.  If  the  violation  was an act prohibited by section 11-0535-b of this chapter, not more than one thousand dollars or not  more  than  two times  the  value  of the article involved, whichever is greater. If the violation is a second or subsequent violation of such section 11-0535-b, not more than two thousand dollars or not  more  than  three  times  the value of the article involved, whichever is greater.