NY Env Conserv L § 71-0907 (2021)
2021 New York Laws ENV - Environmental Conservation Article 71 - Enforcement Title 9 - Enforcement of Articles 11 and 13--the Fish and Wildlife Law 71-0907 - Powers and Duties of Enforcement Officers.

§ 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, 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,  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.   8. Notwithstanding section 13-0334 of this chapter to the contrary, a. where a commercial fishing vessel, lawfully operating under the  fishing permits  of  another state: (1) encounters or is forecasted to encounter unsafe weather conditions defined as high  winds  thirty-five  knots  or greater  or  waves  ten feet or higher or ice or other adverse condition that make the continuation of the voyage unsafe and poses a risk to life and property, or (2) experiences a mechanical problem,  that  makes  the continuation  of the voyage unsafe and poses a risk to life and property including compromised hull integrity or pump failures or (3) experiences a  significant  medical  emergency  which  requires  immediate   medical attention necessary to protect the health of any person on board, or (4) experiences  loss of essential gear such as support systems that renders the vessel unable to remain at sea said commercial  fishing  vessel  may dock  at  a  New  York port. A sinking vessel or a vessel leaking oil or fuel may be otherwise directed when the safety of persons is  maintained and the vessel poses a significant threat to the waters of New York. The commercial   fishing  vessel  may  be  required  by  the  department  to independently verify the reason  for  the  unscheduled  dockage  with  a mechanic  deemed  qualified  by  New  York  state,  the National Weather Service or a medical professional, as appropriate. b. The fishing vessel shall immediately notify the department and the permitting state as soon as the danger is known and communication signals allow.  The  commercial  fishing  vessel  shall  provide  the department with: (1) details on the vessel  including  the  vessel  captain's  name;  (2)  identity  of  the permitting  state;  (3)  the  nature of the problem; (4) identity of the intended docking location, estimated time of arrival, and quantities and types of fish on board and, (5) a call back phone number or other method of  contact.  c.  The  commercial fishing vessel shall not offload cargo without the express  authorization  of  and  supervision  by  department personnel.  Authorization  to offload fish may be granted where the fish on board the vessel will become unmarketable due to the duration of  the unscheduled  dockage.  Authorization  may  be  limited  according to the willingness of the permitting  state  to  accept  the  fish  under  that state's fish allocation.