NY Env Conserv L § 71-0909 (2021)
2021 New York Laws ENV - Environmental Conservation Article 71 - Enforcement Title 9 - Enforcement of Articles 11 and 13--the Fish and Wildlife Law 71-0909 - Forfeitures.

§ 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  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.