§ 71-0923 — Violations

New York § 71-0923

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

Text

§ 71-0923. Violations.\n 1. Any offense specified in section 71-0919 of this article, unless\nmade a misdemeanor by section 71-0921 of this article or another\nprovision of such chapter, shall be a violation, punishable, except as\notherwise provided in this section, by imprisonment for not more than\nfifteen days, or by a fine of not more than two hundred fifty dollars,\nor by both such fine and imprisonment.\n 2. A violation of subdivision 1 of section 11-0705 of this chapter\nshall be punishable as follows:\n a. As provided in subdivision 1 of this section, if the violation\nconsisted of a refusal to exhibit a license on demand of any\nenvironmental conservation officer or other person;\n b. By forfeiture of the license and by a fine of not more than\ntwenty-five dollars if the violation was committed while exercising the\nprivileges of a special antlerless deer license and consisted of failure\nof the offender to have on his person a license held by him entitling\nhim to exercise those privileges.\n 3. A violation of subdivision 2 of section 11-0705 of this chapter\nshall be punishable by forfeiture of licenses and tags issued pursuant\nto this chapter which authorizes the holder to hunt wildlife and by a\nfine of not more than twenty-five dollars.\n 4. When a license or license tag is forfeited as provided in this\nsection, the licensee shall surrender it to any environmental\nconservation officer, special game protector or any other person\nauthorized by the department to receive it. Such forfeiture does not\nprevent the procurement of another license.\n 5. A violation of subdivision one of section 11-0923 is punishable by\nimprisonment for not more than ten days, or by a fine of not less than\ntwo hundred dollars, or by both such fine and imprisonment.\n 6. A first conviction for a violation of subdivision eight of section\n13-0309 of this chapter, involving devices for taking shellfish in\nuncertified lands, or a violation of subdivision ten of section 13-0309\nof this chapter, involving possession of a stick dredge, shall be\npunishable as a violation under this section.\n 8. Any violation of sections 13-0329, 13-0330, 13-0331, 13-0333,\n13-0334, 13-0335, subdivision one of section 13-0337, 13-0338, 13-0339,\n13-0339-a, 13-0340, 13-0340-a through 13-0340-g, 13-0341, 13-0342,\n13-0343, 13-0347, and 13-0349 of this chapter, or of any regulation\nadopted pursuant to the foregoing sections, shall be punishable by\nimprisonment of not more than fifteen days or by a fine of the greater\nof two hundred fifty dollars or:\n a. for violations involving one to five fish, shellfish or\ncrustaceans, twenty-five dollars for each fish, shellfish or crustacean\ntaken or possessed in violation of the above sections;\n b. for violations involving six to twenty-five fish, shellfish or\ncrustaceans, fifty dollars for each fish, shellfish or crustacean taken\nor possessed in violation of the above sections;\n c. for violations involving more than twenty-five fish, shellfish or\ncrustaceans, one hundred dollars for each fish, shellfish or crustacean\ntaken or possessed in violation of the above sections; or by both such\nfine and imprisonment.\n For purposes of determining the applicable fine pursuant to this\nsubdivision, the number of fish, crustaceans or shellfish shall be the\naggregate number involved in the violation, regardless of species.\n 9. A violation of section 11-0110 of this chapter is punishable by\nimprisonment for not more than ten days, or by a fine of not more than\ntwo hundred fifty dollars, or by both such fine and imprisonment.\n 10. A violation of subdivision twelve of section 11-1101 of this\nchapter is punishable by imprisonment of not more than ten days, or by a\nfine of not more than one hundred dollars, or by both such fine and\nimprisonment.\n 11. A violation of subdivision eight of section 11-0505 of this\nchapter shall be punishable by a fine of not more than fifty dollars.\n 12. A violation of section 11-1906 of this chapter shall be punishable\nby a fine of not more than two thousand five hundred dollars.\n