§ 71-0915 — Abatement of nuisances

New York § 71-0915

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 9: Enforcement of Articles 11 and 13--the Fish and Wildlife Law
• Art. 71: Enforcement

Text

§ 71-0915. Abatement of nuisances.\n 1. The following are declared to be nuisances which may be abated as\nprovided in this section:\n a. Any trap, snare or net, set or used without permit from the\nDepartment for taking a wild bird;\n b. Any trap set or used in violation of section 11-1101;\n c. Any net, bait-line, set line, eel weir or pot, tip-up, baitfish\ntrap, or other device for taking fish or crustacea, and any device for\ntaking insects, set or used in violation of any law or regulation under\nwhich use of the device is prohibited, or its use is prohibited at the\ntime or place, or in the manner or circumstances in which it is used,\nexcept where the violation consists only in the fact that the device was\nset or used without first obtaining a license and, under laws and\nregulations in effect at the time the device is set or used, such\nlicense is issuable upon application therefor and payment of the fee, if\nany, applicable thereto.\n 2. Nuisances defined in paragraph a of subdivision 1 may be abated\nsummarily by any person. Nuisances defined in paragraph a, b or c of\nsubdivision 1 may be abated by any conservation officer.\n 3. Upon abatement of such nuisance, the conservation officer shall\ntake into custody the net or device so used in any case where the person\nguilty of the violation is not present or cannot be identified at the\ntime the nuisance is abated. If the net or device is thereafter\nforfeited as provided in section 71-0909, or, not being so forfeited,\nshall remain unclaimed by the owner for thirty days, it shall be\ndisposed of as the department shall direct.\n 4. In any case where the person guilty of the violation is arrested or\nserved with a summons at the time of the abatement of the nuisance, the\nconservation officer may seize the net or other device as evidence.\n 5. Upon abatement of any nuisance defined in this section, any fish,\ncrustacea, wildlife or protected insect trapped, confined, hooked or\ncaught shall be:\n a. Released, permitted to escape, or returned to the water or other\nhabitat; or\n b. Destroyed; or\n c. Seized as evidence; or\n d. Taken into custody for future disposition pursuant to section\n11-0519, as may be appropriate to the circumstances, the kind of animal\ninvolved and its condition.\n 6. Action taken by an enforcement officer as provided in this section\nor pursuant to this section and section 11-0519 shall not subject him or\nthe state to liability, even though it is subsequently determined that\nthe trap, net or other device involved was not in violation of law, if\nit is established that the enforcement officer had reasonable grounds to\nbelieve that it constituted a nuisance as provided in this section.\n