NY Env Conserv L § 71-0921 (2021)
2021 New York Laws ENV - Environmental Conservation Article 71 - Enforcement Title 9 - Enforcement of Articles 11 and 13--the Fish and Wildlife Law 71-0921 - Misdemeanors.

§ 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.  (a)  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  the  taking of big game with aid of an artificial  light.  Each  such  misdemeanor  for  a  violation  of  this paragraph 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 three thousand dollars, or by both such imprisonment and fine.  (b) Any illegal taking of a deer, other than  a  taking  described  in paragraph  (a) of this subdivision, 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.   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. The sale of bear gallbladder/bile in violation of paragraph b of subdivision nine of section 11-0917 of this chapter shall be punishable by a fine of five thousand dollars per violation.   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) regulations promulgated by  the  department  pursuant  to  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)  regulations  promulgated  by  the  department pursuant to 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,  privilege  or permit  under the Fish and Wildlife Law, or for a certificate in lieu of a lost license or privilege or a duplicate  hunting  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, privilege,  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.   14.  Violation  of  subparagraph  one,  two  or four of paragraph b of subdivision one  of  section  11-0719  of  this  chapter  involving  the revocation  and  suspension  of  hunting, trapping, or fishing licenses. 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.