2023 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.