§ 71-0924 — Illegal commercialization of fish, shellfish, crustaceans, and wildlife

New York § 71-0924

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

Text

§ 71-0924. Illegal commercialization of fish, shellfish, crustaceans,\n and wildlife.\n Notwithstanding any other provision of this chapter, when a violation\ninvolves the sale, trade or barter of fish, shellfish, crustaceans,\nwildlife, or parts thereof, the sale, trade or barter of which is\nprohibited by the fish and wildlife law, the following additional\npenalties shall be imposed:\n 1. where the value of fish, shellfish, crustaceans, wildlife, or parts\nthereof, is two hundred fifty dollars or less, the offense shall be a\nviolation punishable by a fine of five hundred dollars and/or not more\nthan fifteen days of imprisonment;\n 2. where the value of fish, shellfish, crustaceans, wildlife, or parts\nthereof, is more than two hundred fifty dollars but does not exceed one\nthousand five hundred dollars, the offense shall be a misdemeanor\npunishable by a fine of five thousand dollars and/or not more than one\nyear of imprisonment;\n 3. where the value of fish, shellfish, crustaceans, wildlife, or parts\nthereof, exceeds one thousand five hundred dollars, the offense shall\nconstitute a class E felony under the provisions of the penal law; and\n 4. where the value of ivory articles, as defined in section 11-0535-a\nof this chapter, exceeds twenty-five thousand dollars, the offense shall\nconstitute a class D felony under the provisions of the penal law.\n 5. For the purposes of this section the value of fish, shellfish,\ncrustaceans and wildlife shall be the fair market value of or actual\nprice paid for such resource, whichever is greater. For purposes of this\nsection, "sale" shall include the acts of selling, trading or bartering\nand all related acts, such as the act of offering for sale, trade or\nbarter, and shall also include the illegal possession of fish,\nshellfish, wildlife or crustacea with intent to sell. It shall be\npresumptive evidence of possession with intent to sell when such fish,\nshellfish, wildlife or crustacea is possessed in quantities exceeding\nthe allowable recreational quantities, or is possessed in a retail or\nwholesale outlet commonly used for the buying or selling of such fish,\nshellfish, wildlife or crustacea, provided, however, that nothing in\nthis subdivision shall preclude the admission of other evidence which\nmay serve to independently prove a defendant's intent to sell.\n