§ 71-0921 — Misdemeanors

New York § 71-0921

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

Text

§ 71-0921. Misdemeanors.\n The following acts are misdemeanors, punishable as herein provided,\nwhen they are done in violation of the section or subdivision thereof\nspecified, or if no section is specified, in violation of any section of\nthe Fish and Wildlife Law:\n 1. (a) The illegal taking of big game prior to the first day of the\nopen season or after the last day of the open season in the county or\npart thereof where taken, or the taking of big game with aid of an\nartificial light. Each such misdemeanor for a violation of this\nparagraph shall be punishable by imprisonment for not more than one year\nor by a fine of not less than five hundred dollars nor more than three\nthousand dollars, or by both such imprisonment and fine.\n (b) Any illegal taking of a deer, other than a taking described in\nparagraph (a) of this subdivision, such misdemeanor shall be punishable\nby imprisonment for not more than one year or by a fine of not less than\ntwo hundred fifty dollars nor more than two thousand dollars, or by both\nsuch imprisonment and fine.\n 2. The illegal taking of a bear less than one year old or the taking\nof a bear by a means or method not permitted by this chapter. Such\nmisdemeanor shall be punishable by imprisonment for not more than one\nyear or by a fine of not more than two thousand dollars, or by both such\nimprisonment and fine. The sale of bear gallbladder/bile in violation of\nparagraph b of subdivision nine of section 11-0917 of this chapter shall\nbe punishable by a fine of five thousand dollars per violation.\n 3. Possession, use or discharge of a firearm in violation of\nsubdivision 1, 2, 4, 5, or 6 of section 11-0931 of this chapter. Each\nsuch misdemeanor shall be punishable by imprisonment for not more than\nthree months or by a fine of not less than two hundred dollars nor more\nthan one thousand dollars, or by both such imprisonment and fine.\n 4. a. Violations of:\n (1) subdivision one of section 13-0309 of this chapter involving the\ntaking of shellfish from uncertified shellfish lands, or the possession,\ntransportation, sale or trafficking in shellfish so taken;\n (2) subdivision two of section 13-0309 of this chapter involving the\ntaking of shellfish between sunset and sunrise;\n (3) subdivision ten of section 13-0309 of this chapter involving the\npossession of a stick dredge after one prior conviction under such\nsubdivision for such activity;\n (4) subdivision one of section 13-0311 of this chapter involving the\ntaking of shellfish without the required digger's permit;\n (5) subdivision seven of section 13-0311 of this chapter involving the\ntaking of shellfish while one's digger's permit is suspended or revoked;\n (6) subdivision one of section 13-0315 of this chapter involving the\nprocessing, transportation, shipment or sale of shellfish without the\nrequired shipper's or processor's permit;\n (7) regulations promulgated by the department pursuant to section\n13-0319 of this chapter involving the failure to tag or seal shellfish\nor the falsifying of any information required on any tag or seal\nrequired by said regulations;\n (8) subdivision five of section 13-0325 of this chapter, regarding the\ntaking of undersized clams, where the taking involves more than\ntwenty-four percentum of clams of less than legal size;\n (9) regulations promulgated by the department pursuant to section\n13-0327 of this chapter, regarding the taking of undersized scallops,\nwhere the taking involves more than twenty-four percentum of scallops of\nless than legal size; and\n (10) section 13-0344 of this chapter involving the dumping of objects\ninto the water after being signaled by a police officer or peace officer\nto stop for inspection.\n b. Each such misdemeanor identified in paragraph a of this subdivision\nshall be punishable as follows:\n (1) For a first conviction for any of the violations listed in\nparagraph a of this subdivision, by imprisonment for not more than sixty\ndays, a fine of not less than two hundred fifty dollars nor more than\none thousand dollars plus, if applicable, an amount equal to the market\nvalue of the shellfish involved in the violation, or by both such\nimprisonment and fine.\n (2) For a second conviction for any of the violations listed in\nparagraph a of this subdivision, by imprisonment for not more than\nninety days, a fine of not less than five hundred dollars nor more than\ntwenty-five hundred dollars plus, if applicable, an amount equal to\nthree times the market value of the shellfish involved in the violation,\nor by both such imprisonment and fine.\n (3) For a third or subsequent conviction for any of the violations\nlisted in paragraph a of this subdivision, by imprisonment for not more\nthan one hundred eighty days, a fine of not less than one thousand\ndollars nor more than ten thousand dollars plus, if applicable, an\namount equal to three times the market value of the shellfish involved\nin the violation, or by both such imprisonment and fine.\n (4) Provided, further, that all equipment or conveyances used to\nharvest, transport or traffic in such illegal shellfish may be forfeited\nfor any third or subsequent conviction of the above violations, in\naddition to such penalties or imprisonment. Such forfeiture shall be in\naddition to any forfeiture authorized by section 71-0909 of this\narticle.\n 5. a. Violations of:\n (1) subdivision three of section 13-0309 of this chapter involving the\nillegal use of dredges, scrapes or other devices operated by power or by\nboats propelled by motor or other mechanical means for the purpose of\ntaking shellfish;\n (2) subdivision eight of section 13-0309 of this chapter involving the\noperation, use or placing, for whatever purpose, of dredges, rakes,\ntongs or other devices for the taking of shellfish in uncertified\nshellfish lands after a prior conviction under such subdivision for such\nactivity;\n (3) subdivision nine of section 13-0309 of this chapter involving the\naltering, damaging, mutilating, moving or carrying away of buoys or\nmarkers used to designate the uncertified waters of the state;\n (4) subdivision five of section 13-0325 of this chapter regarding the\ntaking of undersized clams, where the taking involves between ten and\ntwenty-four percentum of clams of less than legal size; and\n (5) regulations promulgated by the department pursuant to section\n13-0327 of this chapter, regarding the taking of undersized scallops,\nwhere the taking involves between ten and twenty-four percentum of\nscallops of less than legal size.\n b. Each such misdemeanor identified in paragraph a of this subdivision\nshall be punishable as follows:\n (1) For a first conviction of any of the violations listed in\nparagraph a of this subdivision, by imprisonment for not more than\nthirty days, a fine of not less than two hundred fifty dollars nor more\nthan five hundred dollars plus, if applicable, an amount equal to the\nmarket value of the shellfish involved in the violation, or by both such\nimprisonment and fine.\n (2) For a second conviction for any of the violations listed in\nparagraph a of this subdivision, by imprisonment not to exceed sixty\ndays, a fine of not less than five hundred dollars nor more than one\nthousand dollars plus, if applicable, an amount equal to the market\nvalue of the shellfish involved in the violation, or by both such\nimprisonment and fine.\n (3) For a third or subsequent conviction for any of the violations\nlisted in paragraph a of this subdivision, by imprisonment for not more\nthan one hundred eighty days, a fine of not less than one thousand\ndollars nor more than five thousand dollars plus, if applicable, an\namount equal to the market value of the shellfish involved in the\nviolation, or by both such imprisonment and fine.\n 6. Violations of paragraph b of subdivision 3 or subdivision 5 or 12\nof section 13-0329 of this chapter. Each such misdemeanor shall be\npunishable by imprisonment for not more than one year or by a fine of\nnot less than five hundred dollars nor more than two thousand dollars,\nor by both such imprisonment and fine.\n 7. Violations of subdivision 7 or 11 of section 13-0329 of this\nchapter. Each such misdemeanor shall be punishable by imprisonment for\nnot more than ninety days or by a fine of not less than five hundred\ndollars nor more than one thousand dollars, or by both such imprisonment\nand fine.\n 8. Making a false statement in applying for a license, privilege or\npermit under the Fish and Wildlife Law, or for a certificate in lieu of\na lost license or privilege or a duplicate hunting license tag under\ntitle 7 of article 11 of this chapter. Each such misdemeanor shall be\npunishable by imprisonment for not more than three months, or by a fine\nof not more than two hundred dollars, or by both such imprisonment and\nfine. In addition, the department may immediately revoke the license,\nprivilege, permit or certificate for which application was made for the\nremainder of its effective term.\n 9. Failure to give the department the prompt notification required\nunder subdivision 10 of section 13-0301 of this chapter, when the\nspecified buoys or markers are destroyed. Each such misdemeanor shall be\npunishable by imprisonment for not more than one year or by a fine of\nnot more than one thousand dollars, or by both such imprisonment and\nfine.\n 10. Violation of subdivision 10 of section 11-0901 involving the\nillegal taking of a moose. Each such misdemeanor shall be punishable by\nimprisonment for not more than one year or by a fine of not more than\ntwo thousand dollars, or by both such imprisonment and fine.\n 10-a. Violations of subdivision fourteen of section 11-0901 of this\nchapter involving unlawful contests, competitions, tournaments and\nderbys to take wildlife. Each such violation shall be punishable by a\nfine of not less than five hundred dollars nor more than two thousand\ndollars.\n 11. Any person who violates the provisions of section 11-0537 of this\nchapter, in the case of a first violation, shall be guilty of a class B\nmisdemeanor and, upon conviction thereof, shall be punished by a fine\nnot to exceed five thousand dollars or by imprisonment not to exceed\nninety days, or both; provided that in the case of a second or\nsubsequent violation such person shall be guilty of a class A\nmisdemeanor and, upon conviction thereof, shall be punished by a fine\nnot to exceed ten thousand dollars or imprisonment not to exceed one\nyear, or both; provided, further, that the commission of each taking or\nother act prohibited by section 11-0537 of this chapter with respect to\na bald or golden eagle shall constitute a separate violation of this\nsection; provided, further, that one-half of any such fine, but not to\nexceed two thousand five hundred dollars, shall be paid to the person or\npersons giving information which leads to conviction.\n 12. Any violation of section 13-0344 of this chapter is punishable by\nimprisonment for not more than thirty days, or by a fine of not less\nthan two hundred fifty dollars nor more than one thousand dollars, or by\nboth such fine and imprisonment.\n 13. Violations of subdivision one or two of section 11-1904 of this\nchapter. Each such misdemeanor shall be punishable by a fine of not more\nthan two thousand five hundred dollars, or by imprisonment for not more\nthan one year, or by both such fine and imprisonment; except that where\nthe person convicted of violating such subdivision has gained money or\nproperty through the commission of the violation, in lieu of the two\nthousand five hundred dollar maximum fine provided for herein, the court\nmay impose a fine in accordance with the provisions of subdivision five\nof section 80.05 of the penal law.\n 14. Violation of subparagraph one, two or four of paragraph b of\nsubdivision one of section 11-0719 of this chapter involving the\nrevocation and suspension of hunting, trapping, or fishing licenses.\nEach such misdemeanor shall be punishable by imprisonment for not more\nthan ninety days, or by a fine of not less than five hundred dollars nor\nmore than one thousand dollars, or by both such imprisonment and fine.\n