reglab/statecodes huggingface dataset:
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 2 - General Law Enforcement Provisions › 71-0205 - Verification or Affirmation of Accusatory Instruments.

§ 71-0205. Verification or affirmation of accusatory instruments.
1.  When  an appearance ticket as authorized under section 71-0203 has
  been served by an officer described in section 71-0201,  any  supervisor
  of such enforcement officer to whom the service of the appearance ticket
  is  reported  is  hereby  authorized  to  administer to such enforcement
  officer all necessary oaths in connection  with  the  execution  of  the
  accusatory  instrument  to  be  presented  in  court by such enforcement
  officer in the prosecution of the offense involved.
2. A simplified information need not be verified if it is affirmed  by
  the issuing officer, under penalty of perjury.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 2 - General Law Enforcement Provisions › 71-0207 - Pleas by Mail.

§ 71-0207. Pleas by mail.
A  defendant charged with a violation of any provision of this chapter
  or rule, regulation or  order  promulgated  or  adopted  thereunder  may
  himself  plead guilty to the charge in open court. He may also submit to
  the magistrate having jurisdiction, in person, by duly authorized agent,
  or by registered mail, a statement (a) that  he  waives  arraignment  in
  open  court  and  the  aid  of counsel, (b) that he pleads guilty to the
  offense as charged, (c) that he elects and requests that the  charge  be
  disposed  of  and  the  fine  or  penalty fixed by the court, (d) of any
  explanation that he desires to make concerning the offense charged,  and
  (e)  that  he  makes all statements under penalty of perjury.  Thereupon
  the magistrate may proceed as though the defendant  had  been  convicted
  upon  a  plea  of  guilty  in  open  court,  provided  however, that any
  imposition of fine or penalty hereunder shall be deemed tentative  until
  such  fine  or  penalty shall have been paid and discharged in full.  If
  upon receipt of the aforesaid statement the magistrate  shall  deny  the
  same,  he shall thereupon notify the defendant of this fact, and that he
  is required to appear before the said magistrate at a  stated  time  and
  place  to  answer  the  charge  which  shall  thereafter  be disposed of
  pursuant to the applicable provisions of law.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 2 - General Law Enforcement Provisions › 71-0209 - Convictions; Bail Forfeitures; Failure to Appear.

§ 71-0209. Convictions; bail forfeitures; failure to appear.
1.  The trial court or clerk thereof shall certify to the commissioner
the facts of any case involving a violation of  any  provision  of  this
chapter, or of any rule, regulation or order adopted pursuant thereto,
(a) within five days of the date of conviction of such violation;
(b) within five days of a forfeiture of bail in such case; or
(c)  within ninety days of a failure of the defendant to appear on the
initial date of appearance, or any  adjourned  date  for  appearance  or
trial.
2.  The  commissioner  may,  by  regulation,  provide for the form and
content of  such  certification  and  limit  the  violations  for  which
certifications   shall   be   required.  Such  certifications  shall  be
presumptive evidence of the facts therein  contained  and  may,  in  the
discretion  of  the  commissioner,  be  recorded  in  the records of the
department. In the event a conviction which  has  been  so  recorded  is
subsequently  reversed,  the  commissioner,  upon  receiving  due notice
thereof, shall record such fact in such records.
3. Upon the conviction of any  person  of  a  violation  for  which  a
certification  must  be  made  to  the  commissioner,  pursuant  to this
section, the court or clerk shall also  enter  such  conviction  on  any
license  or  certificate  issued  by  the  department  if  such entry is
required by the regulations of the commissioner.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 2 - General Law Enforcement Provisions › 71-0211 - Disposition of Fees and Penalties.

§ 71-0211. Disposition of fees and penalties.
1.  Notwithstanding  any  other provisions of law to the contrary, all
  fines and  penalties  collected  pursuant  to  title  nineteen  of  this
  article,  except  amounts required to be paid into the conservation fund
  pursuant to subdivision two of section  71-1929  of  such  title;  title
  twenty-one  of  this article; title twenty-seven of this article, except
  amounts required to be paid  into  the  hazardous  waste  remedial  fund
  pursuant  to subdivision two of section 71-2725 of such title; and title
  forty-one of this article shall be paid into the  general  fund  to  the
  credit of the state purposes account.
2. Unless otherwise provided in this chapter, not later than the tenth
  day  of  each  month, all fines, penalties and forfeitures collected for
  violations  of  this  chapter  or  rules,  regulations,  local  laws  or
  ordinances  adopted  thereunder  under  judgment  of any town or village
  court, shall be paid over by such court to the comptroller of the state,
  with a statement accompanying the same,  setting  forth  the  action  or
  proceeding  in  which such moneys were collected, the name and residence
  of the defendant, the nature of the offense, and the fines  and  penalty
  imposed.  The comptroller shall pay these funds into the general fund of
  the state.
All fines and penalties collected for violations of  this  chapter  by
  courts  operating  pursuant  to section thirty-nine of the judiciary law
  shall be paid to the state commissioner of taxation  and  finance  on  a
  monthly  basis  no later than ten days after the last day of each month.
  All such fines and penalties shall be the property of the state.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 2 - General Law Enforcement Provisions › 71-0213 - Mandatory Surcharge.

§ 71-0213. Mandatory surcharge.
1.  Whenever  proceedings  result in a conviction for an offense under
  this chapter there shall be levied, in addition to any sentence required
  or permitted by law, the following  mandatory  surcharges:  (a)  in  the
  amount of twenty-five dollars for violations of sportfishing regulations
  set  forth  in 6 NYCRR 10; (b) in the amount of seventy-five dollars for
  all  other  offenses  under  this  chapter   provided,   however,   that
  convictions   for   offenses   under  articles  seventeen,  nineteen  or
  twenty-seven of this chapter shall be subject to a  mandatory  surcharge
  equal  to  the  greater  of  seventy-five  dollars or six percent of any
  penalty or fine imposed.  The mandatory surcharge shall be paid  to  the
  clerk of the court who shall remit such mandatory surcharge to the state
  comptroller  provided,  however,  that in cases where the conviction was
  rendered by a town or a village justice court, the clerk of  such  court
  shall  pay  twenty-five  dollars  of  such surcharge to the chief fiscal
  officer of the town or village in the case of surcharges resulting  from
  paragraph  (b)  of  this  subdivision  and  ten  dollars  in the case of
  surcharges resulting from paragraph (a) of this  subdivision  and  shall
  pay  the  remaining  amounts  of  such mandatory surcharges to the state
  comptroller in the same manner as provided in section  71-0211  of  this
  article.  The  comptroller shall pay such monies into the state treasury
  to the credit of the general fund.
2. Any person who has paid a mandatory surcharge under  the  authority
  of  this  section  which  is ultimately determined not to be required by
  this section shall be entitled to a refund of such  mandatory  surcharge
  upon  application  to the state comptroller. The state comptroller shall
  require such proof as is necessary to  determine  whether  a  refund  is
  required by law.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 3 - Summary Abatement › 71-0301 - Summary Abatement.

§ 71-0301. Summary abatement.
Notwithstanding  any  inconsistent  provisions  of  law,  whenever the
  commissioner finds, after investigation, that  any  person  is  causing,
  engaging  in  or  maintaining  a  condition  or  activity  which, in his
  judgment, presents an imminent danger to the health or  welfare  of  the
  people of the state or results in or is likely to result in irreversible
  or   irreparable  damage  to  natural  resources,  and  relates  to  the
  prevention and abatement powers of the  commissioner  and  it  therefore
  appears to be prejudicial to the interests of the people of the state to
  delay  action  until  an  opportunity for a hearing can be provided, the
  commissioner may, without prior hearing, order such person by notice, in
  writing  wherever  practicable  or  in  such  other  form  as   in   the
  commissioner's   judgment  will  reasonably  notify  such  person  whose
  practices are intended  to  be  proscribed,  to  discontinue,  abate  or
  alleviate  such  condition  or activity, and thereupon such person shall
  immediately discontinue, abate or alleviate such condition or  activity.
  As  promptly  as  possible  thereafter,  not to exceed fifteen days, the
  commissioner shall provide the person an opportunity to be heard and  to
  present  proof  that  such  condition  or  activity does not violate the
  provisions of this section.   The commissioner  shall  adopt  any  other
  appropriate  rules  and  regulations  prescribing  the  procedure  to be
  followed in the issuance of such orders. Any person who violates any  of
  the  provisions  of,  or  who  fails to perform any duty imposed by this
  section,  or  any  rule,  regulation  or  order   promulgated   by   the
  commissioner  hereunder,  shall be liable to a civil penalty of not more
  than  twenty-five  hundred  dollars  for  each  such  violation  and  an
  additional  penalty  of  not more than five hundred dollars for each day
  during which such violation continues, and, in  addition  thereto,  such
  person  may  be  enjoined  from continuing such violation. Penalties and
  injunctive relief provided herein shall  be  recoverable  in  an  action
  brought  by  the  attorney general at the request and in the name of the
  commissioner.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 4 - Delegation of Enforcement › 71-0401 - Delegation of Civil Enforcement Authority.

§ 71-0401. Delegation of civil enforcement authority.
Whenever  the  attorney  general  is  authorized under this chapter to
  initiate or prosecute a civil action or  proceeding  on  behalf  of  the
  department, such authority may in the discretion of the attorney general
  be delegated to the department, to initiate or prosecute any such action
  or proceeding.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 4 - Delegation of Enforcement › 71-0403 - Delegation of Criminal Enforcement Authority.

§ 71-0403. Delegation of criminal enforcement authority.
Whenever  the  attorney  general  is  authorized under this chapter to
  prosecute a criminal  proceeding  on  behalf  of  the  department,  such
  authority  may in the discretion of the attorney general be delegated to
  the department, to initiate or conduct any such  prosecution.  Provided,
  however,  that in any event the district attorney of the county in which
  the violation occurs may initiate or conduct any such prosecution.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 5 - Enforcement of Provisions Derived From Former Conservation Law › 71-0501 - Applicability of This Title.

§ 71-0501. Applicability of this title.
This title shall apply to sections 3-0109 through 3-0115 inclusive and
  sections  3-0305  and  3-0307  of  article 3; articles 9, 11, 13 and 15;
  titles 7, 9, 11 and 13 of article 21; articles 23 and 24;  and  articles
  43, 45 and 47 of this chapter.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 5 - Enforcement of Provisions Derived From Former Conservation Law › 71-0503 - Investigation by Department.

§ 71-0503. Investigation by department.
1.  Any  investigation,  inquiry  or  hearing which the department has
  power to undertake or to hold may be undertaken or held by or before the
  commissioner, the deputy commissioner or the  head  of  a  division,  or
  before  any  other  officer or employee of the department designated for
  such purpose by written order of the commissioner, filed in  the  office
  of the department. All investigations, inquiries, hearings and decisions
  of  the commissioner, the deputy commissioner or the head of a division,
  shall be and be deemed to be the investigations, inquiries, hearings and
  decisions of the department, and every order or  decision  made  by  the
  commissioner,   and   every   order  or  decision  made  by  the  deputy
  commissioner or a head of division and approved  and  confirmed  by  the
  commissioner and ordered filed in the office of the department, shall be
  and be deemed to be the order or decision of the department.
2.  The commissioner, deputy commissioner, a head of a division, or an
  officer  or  employee  of  the  department  duly   designated   by   the
  commissioner,   shall   have  the  power  to  administer  oaths  in  any
  proceedings which the department is required or  authorized  by  law  to
  conduct.
3.  The  department  shall  have  power  to  subpoena  and require the
  attendance in this state of witnesses and  the  production  by  them  of
  books  and papers pertinent to the investigations and inquiries which it
  is authorized to make under any provision  of  this  chapter  listed  in
  section  71-0501  or under titles 5 through 15 inclusive and title 33 of
  this article and to examine them and such public  records  as  it  shall
  require  in  relation  thereto, and for the purpose of such examinations
  the department shall possess all the powers conferred by the Legislative
  Law upon a commitee of the Legislature or by the Civil Practice Law  and
  Rules  upon  a board or committee, and may invoke the power of any court
  of record in the state  to  compel  the  attendance  and  testifying  of
  witnesses and the production by them of books and papers as aforesaid. A
  subpoena  issued  under  this  section  shall  be regulated by the Civil
  Practice Law and Rules.
4. In any investigation or inquiry by or upon any hearing  before  the
  department, the commissioner, his deputy or any other officer conducting
  the  investigation, inquiry or hearing may confer immunity in accordance
  with the provisions of section 50.20 of the Criminal Procedure Law.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 5 - Enforcement of Provisions Derived From Former Conservation Law › 71-0505 - Suits and Prosecution.

§ 71-0505. Suits and prosecution.
1.  The  commissioner  shall  have the power to bring actions suits or
  proceedings as in his judgment may be necessary or proper to perform any
  of the powers,  functions  or  duties  imposed  upon  him  or  upon  the
  department  or  any  division  thereof  by any of the provisions of this
  chapter listed in section 71-0501 or under titles 5 through 15 inclusive
  and title 33 of this article or to prevent the violation by any  person,
  public  or private, of any of the provisions thereof; and shall have the
  power to defend such actions, suits or proceedings as may arise  through
  the  performance  of any of the powers, duties or functions imposed upon
  him or upon the department or any division thereof.
2. It shall be the duty of the Attorney General, when requested by the
  department,  to  appoint  an  Assistant  Attorney  General,   and   such
  assistants  as may be necessary and assign them to the department.  Such
  Assistant Attorney General and assistants shall receive salaries, to  be
  fixed  by  the  Attorney  General  within the appropriation therefor. It
  shall be the duty of  such  assistant,  in  the  name  of  the  Attorney
  General,  to  conduct  all  prosecutions  for  penalties  imposed by 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 bring all
  actions, suits and proceedings, which the department shall be authorized
  to institute  and  maintain,  and  to  defend  all  actions,  suits  and
  proceedings brought against the department, its officers or employees of
  or  on  account of any act or any thing done by the said department, its
  officers or employees when such act or thing was, in the opinion of  the
  Attorney  General,  done  in  the  discharge  of any official duty or in
  reasonable exercise of authority.
3. No action, suit or proceeding in which the title to  lands  of  the
  state  in  forest preserve counties shall be involved shall be withdrawn
  or discontinued, nor shall judgment therein against the state be entered
  on  consent  except  on  special  permission  of  the  court  and  after
  application  made  in open court, on which application all the terms and
  conditions of the settlement shall be fully stated in  writing  and  the
  reasons therefor set forth at length.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 5 - Enforcement of Provisions Derived From Former Conservation Law › 71-0509 - Costs in Actions by the People.

§ 71-0509. Costs in actions by the people.
In  case  of recovery of any amount in an action brought for a penalty
  under the provisions of this chapter listed in section 71-0501 or  under
  titles  5  through  15  inclusive  and  title 33, of this article or any
  action authorized by such law as amended, in any  court  of  record  the
  people  shall  be  entitled to recover full costs, of course, and at the
  rates as provided for civil actions.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 5 - Enforcement of Provisions Derived From Former Conservation Law › 71-0511 - Judgments; How Enforced.

§ 71-0511. Judgments; how enforced.
Judgments  recovered  under  the  provisions of this chapter listed in
  section 71-0501 or under titles 5 through 15 inclusive and title  33  of
  this article may be enforced by contempt.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 5 - Enforcement of Provisions Derived From Former Conservation Law › 71-0513 - Jurisdiction of Courts in Criminal Cases.

§ 71-0513. Jurisdiction of courts in criminal cases.
1. Except as provided in subdivision 2 of this section, County Courts,
  and  subject  to the power of removal provided in the Criminal Procedure
  Law, district courts, the New York City criminal court, town courts  and
  village   courts   shall   have,   in  the  first  instance,  concurrent
  jurisdiction of offenses committed under the provisions of this  chapter
  listed  in  section  71-0501  or under titles 5 through 15 inclusive and
  title 33 of this article, provided, however, that  an  action  before  a
  town  court  shall  be  brought  in  the  town  in which the offense was
  committed or an adjoining town, and that an action before a County Court
  shall be brought in the county in which the  offense  was  committed.  A
  warrant  shall be returnable before the local criminal court issuing the
  same.
2. This section does not apply to offenses committed under articles 11
  and 13 or title 9 of this article.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 5 - Enforcement of Provisions Derived From Former Conservation Law › 71-0517 - Witnesses Not Excused From Testifying.

§ 71-0517. Witnesses not excused from testifying.
No  person  shall  be  excused from testifying or producing any books,
  papers or other documents in any civil or criminal action or  proceeding
  taken  or  had  under  the  provisions of this chapter listed in section
  71-0501 or under titles 5 through 15 inclusive  and  title  33  of  this
  article, upon the ground that his testimony might tend to convict him of
  a  crime, or subject him to a penalty or forfeiture. But no person shall
  be prosecuted, punished or subjected to any penalty or forfeiture for or
  on account of any act, transaction, matter or thing concerning which  he
  shall,  under oath, have testified or produced documentary evidence, and
  no testimony so given or produced shall be received against him upon any
  criminal investigation or proceeding; provided, however, that no  person
  so  testifying  shall  be  exempt from prosecution or punishment for any
  perjury committed by him in his testimony.  Nothing herein contained  is
  intended  to  give,  or shall be construed as in any manner giving, unto
  any corporation, immunity of any kind.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 5 - Enforcement of Provisions Derived From Former Conservation Law › 71-0521 - Certificate by Court or Justice.

§ 71-0521. Certificate by court or justice.
The  court  or  justice, other than a town justice or a village police
  justice, before whom  any  person  shall  be  tried  or  before  whom  a
  compromise  of  the  civil penalties for a violation of any provision of
  this chapter listed in section 71-0501 or  under  titles  5  through  15
  inclusive  and  title  33  of this article, shall have been made, or the
  clerk of the court, if there be a clerk, shall, at  the  termination  of
  such trial or proceeding, forthwith mail or deliver to the department at
  Albany,  or  to  its  representative  at  such  trial  or  proceeding, a
  certified statement of the disposition of the case or proceeding, giving
  the date thereof, the name of the defendant, the name of the person upon
  whose information the action or proceeding was instituted, the date  and
  place of the violation, the name of each witness sworn in support of the
  charges, and the costs of the court or fees of the justice, and the fees
  of  the  constable, if any.  Provided, however, that a town justice or a
  village police justice before whom any person shall be tried  or  before
  whom  a  compromise  of  the  civil  penalties  for  a  violation of any
  provision of this chapter listed in section 71-0501 or  under  titles  5
  through  15 inclusive and title 33 of this article, shall have been made
  shall forthwith mail or deliver to the department at Albany  or  to  its
  representative  in attendance at such trial or proceeding such certified
  statement, and within the first ten days  of  the  month  following  the
  termination of such trial or proceeding deliver to the State Comptroller
  at  Albany  a statement in such form as the Comptroller may require. The
  Comptroller upon receipt of such statement shall, as provided in section
  71-0507, audit the bills of the justice of the peace and  the  constable
  for  fees  in  such  trial  or  proceeding  and shall pay to the persons
  entitled thereto the amounts allowed by such audit and shall charge same
  to the conservation fund.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 5 - Enforcement of Provisions Derived From Former Conservation Law › 71-0523 - Power of the Department to Settle or Compromise an Action.

§ 71-0523. Power of the department to settle or compromise an action.
The  department  shall  empowered  to  settle  or  compromise  in  its
  discretion any action or cause of action to recover a penalty under  the
  provisions  of  this chapter listed in section 71-0501 or under titles 5
  through 15 inclusive and title 33  of  this  article,  as  it  may  deem
  advantageous to the state.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 5 - Enforcement of Provisions Derived From Former Conservation Law › 71-0525 - Powers of Designated Departmental Officers and Employees and Members of the State Police.

§ 71-0525. Powers  of designated departmental officers and employees and
members of the state police.
1. All police officers, such employees as may  be  designated  by  the
  commissioner,  and  all  peace  officers,  when acting pursuant to their
  special duties, 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 following powers:
a. To execute all warrants and search warrants issued for violation of
  articles  11  and 13 and titles 9 of this article 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 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.
2.  A peace officer, acting pursuant to his special duties or a police
  officer  shall  have  the  same  powers  as  environmental  conservation
  officers  and  state  police under the fish and wildlife law, except the
  power to search without a warrant.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 7 - Enforcement of Article 9 › 71-0701 - Applicability of Title.

§ 71-0701. Applicability of title.
In  addition  to  the  provisions of sections 71-0101 and 71-0301, and
  titles 5 and 40 of this article, the provisions of this title  shall  be
  applicable to the enforcement of article 9 of this chapter.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 7 - Enforcement of Article 9 › 71-0705 - Enforcement.

§ 71-0705. Enforcement.
1.  All  police  officers  and peace officers, when acting pursuant to
  their special duties, shall have the power to arrest without warrant any
  person committing an offense under the provisions of article 9  and  may
  take  such  persons  immediately before a magistrate having jurisdiction
  for trial, and exercise such other powers of peace officers  as  may  be
  necessary  for  the  enforcement  of  the  provisions  of  article 9. No
  employees, police officers or peace officers shall compromise or  settle
  any violation of article 9 without the order of the department.
2.  In  lieu  of  arrests, such persons designated pursuant hereto may
  issue appearance tickets as provided for in article one hundred fifty of
  the criminal procedure law to persons committing an offense other than a
  felony under the provisions of this article.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 7 - Enforcement of Article 9 › 71-0707 - Resisting or Obstructing Departmental Agent or Employee.

§ 71-0707. Resisting or obstructing departmental agent or employee.
Any person who resists or obstructs an authorized agent or employee of
  the  department  while  he  is  engaged in carrying out any provision of
  section 9-0305 shall be guilty of a violation which shall be  punishable
  by a fine not exceeding one hundred dollars and by an additional fine of
  not  exceeding  twenty-five  dollars  for  each  additional  day of such
  resistance or obstruction.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 7 - Enforcement of Article 9 › 71-0709 - Injury to State Lands.

§ 71-0709. Injury to state lands.
Any  person who intentionally or negligently causes a fire which burns
  on or over state lands shall be liable to the state for  treble  damages
  and,  in  addition,  to  a  civil  penalty of ten dollars for every tree
  killed or destroyed by such fire. Damages  to  state  lands  and  timber
  shall be ascertained and determined at the same rate of value as if such
  property were privately owned.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 7 - Enforcement of Article 9 › 71-0711 - Injury to Municipal or Private Lands.

§ 71-0711. Injury to municipal or private lands.
Any person who causes a fire which burns on or over lands belonging to
  another person or to a municipality shall be liable to the party injured
  (a) for actual damages in case of fire negligently caused or (b) for the
  higher of actual damages or damages at the rate of five dollars for each
  tree killed or destroyed in case of fire wilfully caused.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 7 - Enforcement of Article 9 › 71-0712 - Timber Theft and Trespass Education-Training.

§ 71-0712. Timber theft and trespass education-training.
Within  such  funds  as may be specifically appropriated therefor, the
  commissioner is hereby authorized to seek the cooperation and assistance
  of the attorney general's office and the office of court  administration
  to  develop  and  provide  educational-training  programs  for municipal
  justice courts, district  attorneys  and  law  enforcement  agencies  in
  relation to the control and prosecution of timber theft and trespass.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 7 - Enforcement of Article 9 › 71-0713 - Recovery for Damages From Fires.

§ 71-0713. Recovery for damages from fires.
The  state,  a  municipality  or  any  person  may sue for and recover
  damages under section 71-0709 and 71-0711, notwithstanding the  distance
  from  the  place  where the fire was set or started and nottwithstanding
  the same may have burned over and across several  separate,  intervening
  and distinct tracts, parcels or ownerships of land.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 7 - Enforcement of Article 9 › 71-0715 - Rules of Evidence Applicable to Forest Fire Cases.

§ 71-0715. Rules of evidence applicable to forest fire cases.
1.  Prima  facie  cause on railroad right of way. The fact that a fire
  originates upon the right of way of a  railroad  shall  be  prima  facie
  evidence  that  the  fire  was  caused by the negligence of the railroad
  company.
2. Prima facie cause in clearing lands. Whenever a fire has  been  set
  for  the  purpose specified in subdivision 5 of section 9-1105 in any of
  the fire towns it shall be  prima  facie  evidence  that  the  fire  was
  started by the owner or occupant of the land.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 9 - Enforcement of Articles 11 and 13--the Fish and Wildlife Law › 71-0901 - Applicability of Title.

§ 71-0901. Applicability of title.
In addition to the provisions of sections 71-0101, 71-0301 and title 5
  of  this article the provisions of this title shall be applicable to the
  enforcement of articles 11 and 13 of this chapter.    This  title  shall
  also  apply to enforcement undertaken pursuant to the functions, powers,
  duties and obligations of the Department of  Environmental  Conservation
  provided for in section 41-0105.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 9 - Enforcement of Articles 11 and 13--the Fish and Wildlife Law › 71-0903 - Accessories Guilty as Principals.

§ 71-0903. Accessories guilty as principals.
1.  A  person  who counsels or aids in a violation of any provision of
  the Fish and Wildlife Law or a regulation or  order  of  the  department
  pursuant to the Fish and Wildlife Law, or knowingly shares in any of the
  proceeds  of  such  a  violation  by receiving or possessing fish, game,
  wildlife, shellfish, crustacea or protected insects  is  guilty  of  the
  violation  which  he  counsels  or  aids,  or  the  proceeds of which he
  knowingly shares.
2. In any case where possession, transportation, buying or selling  of
  fish, game, wildlife, shellfish, crustacea or insects is unlawful solely
  because    the   taking   thereof   was   unlawful,   such   possession,
  transportation, buying or selling by a person other than a person guilty
  of the unlawful taking shall be punishable only if done  with  knowledge
  that the taking was unlawful.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 9 - Enforcement of Articles 11 and 13--the Fish and Wildlife Law › 71-0905 - Penal Law, Criminal Procedure Law and Other Laws Not Affected.

§ 71-0905. Penal   Law,  Criminal  Procedure  Law  and  other  laws  not
affected.
1. No provision or language of the Fish  and  Wildlife  Law  shall  be
  construed  as amending, repealing, superseding or limiting any provision
  of the Penal Law, Criminal Procedure Law or other  law,  except  to  the
  extent  that  such  provision  or  language  is  expressly  stated to be
  applicable notwithstanding such law, or notwithstanding any  other  law.
  Except  to  such  extent,  any  provisions  of the Fish and Wildlife Law
  inconsistent with the provisions of any other law shall be deemed to  be
  effective for the purposes of the Fish and Wildlife Law only.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 9 - Enforcement of Articles 11 and 13--the Fish and Wildlife Law › 71-0911 - Search Warrants; When Issued.

§ 71-0911. Search warrants; when issued.
Whenever  it  appears probable that fish, wildlife or game, shellfish,
  crustacea,  protected  insect,  or  parts  thereof  taken  or  possessed
  contrary  to  the  Fish  and  Wildlife  Law are concealed, or that a net
  possessed contrary thereto is concealed, any local criminal court having
  criminal jurisdiction shall issue a search  warrant  for  the  discovery
  thereof  in  accordance with the practice provided in article 690 of the
  Criminal Procedure Law, as far as it is applicable.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 9 - Enforcement of Articles 11 and 13--the Fish and Wildlife Law › 71-0913 - Reciprocal Enforcement of Violations in Boundary Waters.

§ 71-0913. Reciprocal enforcement of violations in boundary waters.
If  and  when the state of Vermont, or the state of New Jersey, or the
  state of Pennsylvania, or the state of  Connecticut,  or  the  state  of
  Rhode  Island,  as  the  case  may be, shall enact a similar law for the
  arrest and punishment of violations of the conservation law or fish laws
  of such state or of the provisions listed in section  71-0501  or  under
  titles 5 through 15 inclusive and title 33 of this article, committed or
  attempted  by  any  person  fishing in any waters or parts thereof lying
  between such state and the state of New York, any  conservation  officer
  or other person, who is authorized to make arrests for violations of the
  conservation  or  fish laws of such state or of the provisions listed in
  section 71-0501 or under titles 5 through 15 inclusive and title  33  of
  this article, shall have power and authority to make arrests on any part
  of  such  waters  between  such  state and the State of New York, or the
  shores thereof, and to take the person so  arrested  for  trial  to  the
  state  in  which  the violation was committed and there to prosecute him
  according to the laws of such state.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 9 - Enforcement of Articles 11 and 13--the Fish and Wildlife Law › 71-0915 - Abatement of Nuisances.

§ 71-0915. Abatement of nuisances.
1.  The  following are declared to be nuisances which may be abated as
  provided in this section:
a. Any trap, snare or  net,  set  or  used  without  permit  from  the
  Department for taking a wild bird;
b. Any trap set or used in violation of section 11-1101;
c.  Any  net,  bait-line,  set line, eel weir or pot, tip-up, baitfish
  trap, or other device for taking fish or crustacea, and any  device  for
  taking  insects, set or used in violation of any law or regulation under
  which use of the device is prohibited, or its use is prohibited  at  the
  time  or  place,  or in the manner or circumstances in which it is used,
  except where the violation consists only in the fact that the device was
  set or used without first  obtaining  a  license  and,  under  laws  and
  regulations  in  effect  at  the  time  the  device is set or used, such
  license is issuable upon application therefor and payment of the fee, if
  any, applicable thereto.
2. Nuisances defined in paragraph a of subdivision  1  may  be  abated
  summarily  by  any  person.  Nuisances defined in paragraph a, b or c of
  subdivision 1 may be abated by any conservation officer.
3. Upon abatement of such nuisance,  the  conservation  officer  shall
  take into custody the net or device so used in any case where the person
  guilty  of  the  violation is not present or cannot be identified at the
  time the nuisance  is  abated.  If  the  net  or  device  is  thereafter
  forfeited  as  provided  in section 71-0909, or, not being so forfeited,
  shall remain unclaimed by  the  owner  for  thirty  days,  it  shall  be
  disposed of as the department shall direct.
4. In any case where the person guilty of the violation is arrested or
  served  with a summons at the time of the abatement of the nuisance, the
  conservation officer may seize the net or other device as evidence.
5.  Upon abatement of any nuisance defined in this section, any  fish,
  crustacea,  wildlife  or  protected  insect trapped, confined, hooked or
  caught shall be:
a. Released, permitted to escape, or returned to the  water  or  other
  habitat; or
b. Destroyed; or
c. Seized as evidence; or
d.  Taken  into  custody  for  future  disposition pursuant to section
  11-0519, as may be appropriate to the circumstances, the kind of  animal
  involved and its condition.
6.  Action taken by an enforcement officer as provided in this section
  or pursuant to this section and section 11-0519 shall not subject him or
  the state to liability, even though it is subsequently  determined  that
  the  trap,  net or other device involved was not in violation of law, if
  it is established that the enforcement officer had reasonable grounds to
  believe that it constituted a nuisance as provided in this section.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 9 - Enforcement of Articles 11 and 13--the Fish and Wildlife Law › 71-0917 - Presumptions From Possession.

§ 71-0917. Presumptions from possession.
1.  Possession  of  any  fish, shell-fish, crustacea or game, or parts
  thereof, at a time when there is no open season anywhere  in  the  state
  for  the  species  possessed,  shall be presumptive evidence that it was
  taken unlawfully.
2.  Possession  of  any  fish,  shell-fish,  crustacea,  wildlife   or
  protected  insect shall be presumptive evidence that it was taken by the
  possessor.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 9 - Enforcement of Articles 11 and 13--the Fish and Wildlife Law › 71-0919 - Punishment of Violations of Fish and Wildlife Law.

§ 71-0919. Punishment of violations of Fish and Wildlife Law.
1.  Any person who violates any provision of the Fish and Wildlife Law
  or any lawful order, rule or regulation of  the  department  promulgated
  pursuant  thereto  or the terms of any permit issued thereunder, and any
  person, including a public  officer,  who  fails  to  perform  any  duty
  thereby imposed on him:
a.  In  the  case  of  offenses  specified  in section 71-0921 of this
  chapter, is guilty of a misdemeanor,  punishable  as  provided  in  that
  section, and
b.  In  the  case  of  any  other  offense,  is guilty of a violation,
  punishable as provided in section 71-0923 of this chapter, and
c. In addition thereto is liable  in  either  case  to  the  penalties
  provided  in  the  schedule  set  forth  in  section 71-0925 or provided
  elsewhere in this chapter; and
d. In the cases provided in sections 11-0719 and 11-2115, is liable to
  revocation of licenses to hunt, fish or trap or for bowhunting privilege
  or muzzle-loading privilege, disqualification for such  licenses  and/or
  for  bowhunting  privilege or muzzle-loading privilege and denial of the
  ability  to  obtain  any  hunting,  fishing  or  trapping  license   and
  bowhunting  privilege and muzzle-loading privilege, as provided in those
  sections; and
e. In the case of violations for which such forfeiture  or  revocation
  is  provided,  is  subject to revocation or forfeiture of other licenses
  issued pursuant to the Fish and Wildlife Law; and
f. In the cases provided in section 71-0909, is liable  to  forfeiture
  and confiscation of property involved in such violations, as provided in
  that section.
g. In the case of having a license privilege revoked or suspended by a
  participating  state in the Interstate Wildlife Violator Compact enacted
  under title twenty-five of article eleven of this chapter, the violation
  and subsequent revocation or suspension in the participating state shall
  constitute the basis for revocation or suspension in this state for  the
  same privileges and period of time.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 9 - Enforcement of Articles 11 and 13--the Fish and Wildlife Law › 71-0924 - Illegal Commercialization of Fish, Shellfish, Crustaceans, and Wildlife.

§  71-0924.  Illegal  commercialization of fish, shellfish, crustaceans,
and wildlife.
Notwithstanding any other provision of this chapter, when a  violation
  involves  the  sale,  trade  or  barter of fish, shellfish, crustaceans,
  wildlife, or parts thereof, the  sale,  trade  or  barter  of  which  is
  prohibited  by  the  fish  and  wildlife  law,  the following additional
  penalties shall be imposed:
1. where the value of fish, shellfish, crustaceans, wildlife, or parts
  thereof, is two hundred fifty dollars or less, the offense  shall  be  a
  violation  punishable  by a fine of five hundred dollars and/or not more
  than fifteen days of imprisonment;
2. where the value of fish, shellfish, crustaceans, wildlife, or parts
  thereof, is more than two hundred fifty dollars but does not exceed  one
  thousand  five  hundred  dollars,  the  offense  shall  be a misdemeanor
  punishable by a fine of five thousand dollars and/or not more  than  one
  year of imprisonment;
3. where the value of fish, shellfish, crustaceans, wildlife, or parts
  thereof,  exceeds  one  thousand five hundred dollars, the offense shall
  constitute a class E felony under the provisions of the penal law; and
4. where the value of ivory articles, as defined in section  11-0535-a
  of this chapter, exceeds twenty-five thousand dollars, the offense shall
  constitute a class D felony under the provisions of the penal law.
5.  For  the  purposes  of  this section the value of fish, shellfish,
  crustaceans and wildlife shall be the fair market  value  of  or  actual
  price paid for such resource, whichever is greater. For purposes of this
  section,  "sale" shall include the acts of selling, trading or bartering
  and all related acts, such as the act of offering  for  sale,  trade  or
  barter,   and  shall  also  include  the  illegal  possession  of  fish,
  shellfish, wildlife or crustacea  with  intent  to  sell.  It  shall  be
  presumptive  evidence  of possession with intent to sell when such fish,
  shellfish, wildlife or crustacea is possessed  in  quantities  exceeding
  the  allowable  recreational  quantities, or is possessed in a retail or
  wholesale outlet commonly used for the buying or selling of  such  fish,
  shellfish,  wildlife  or  crustacea,  provided, however, that nothing in
  this subdivision shall preclude the admission of  other  evidence  which
  may serve to independently prove a defendant's intent to sell.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 11 - Enforcement of Article 15 › 71-1101 - Applicability of Title.

§ 71-1101. Applicability of title.
In  addition  to  the  provisions  of sections 71-0101 and 71-0301 and
  title 5  of  this  article,  the  provisions  of  this  title  shall  be
  applicable to the enforcement of article 15.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 11 - Enforcement of Article 15 › 71-1103 - Power to Sue.

§ 71-1103. Power to sue.
The  department  may  bring  actions,  suits  or proceedings as in its
  judgment may be necessary and proper to enable it to perform any of  the
  duties  imposed  upon  it by the provisions of article 15 except section
  15-1713 thereof as amended or to prevent the violation by any person  or
  public corporation of any of the provisions thereof; and may defend such
  actions,  suits  or  proceedings as may arise through the performance of
  any duties or functions imposed upon it by the provisions of article  15
  except section 15-1713 thereof, as amended.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 11 - Enforcement of Article 15 › 71-1105 - Enforcement of Subdivision 4 of Section 15-0313.

§ 71-1105. Enforcement of subdivision 4 of section 15-0313.
Any  violation  of  subdivision  4  of  section  15-0313  shall  be  a
  violation, punishable by a fine of not  more  than  one  thousand  eight
  hundred dollars, and in addition thereto, by a civil penalty of not more
  than one thousand eight hundred dollars.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 11 - Enforcement of Article 15 › 71-1107 - Punishment for Violations of Title 5 of Article 15.

§ 71-1107. Punishment for violations of title 5 of article 15.
1.   A  violation  of  section  15-0501,  15-0503  or  15-0505,  shall
  constitute a misdemeanor, punishable by a fine  of  not  to  exceed  ten
  thousand  dollars,  or by imprisonment not to exceed one year or by both
  such fine and imprisonment and, in addition thereto, by a civil  penalty
  of not more than five thousand dollars.
2.  A  subcontractor,  employee  or  agent  of  such  person or public
  corporation, or of a state department who  knowingly  and  intentionally
  acts,  or a prime contractor of such person, public corporation or state
  department who  acts  with  or  without  an  intention  to  violate  the
  provisions  of  title  5  of  article 15, in disregard of specifications
  provided in a construction contract protecting  against  stream  damage,
  shall  be  guilty  of  a violation punishable by a fine of not less than
  twenty-five dollars, nor more than two  hundred  fifty  dollars,  or  by
  imprisonment  for  not  more than fifteen days, or by both such fine and
  imprisonment, and, in addition, thereto, by a civil penalty of not  more
  than five thousand dollars.