§ 71-0925 — Civil penalties

New York § 71-0925

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

Text

§ 71-0925. Civil penalties.\n The penalties referred to in section 71-0919, to which a person is\nliable upon violation of provisions of the Fish and Wildlife Law or any\norder, rule or regulation of the department, shall be:\n 1. Unless another penalty is specifically provided for in this\nsubdivision or elsewhere in the Fish and Wildlife Law, two hundred\ndollars and an additional penalty of one hundred dollars for each fish,\nbird or animal or part thereof, other than shellfish or crustacea,\ninvolved in the violation; an additional penalty of one hundred dollars\nfor each bushel of shellfish or each crustacean, including lobster, or\npart thereof, plus an amount equal to the market value or actual price\npaid, whichever is greater, of the shellfish or crustacea involved in\nthe violation;\n 2. Except as provided in subdivision 3 or another provision of the\nFish and Wildlife Law, if the violation relates to deer, bear, elk,\nexcept captive bred and raised North American elk (Cervus elaphus),\nmoose, caribou, antelope, wild turkey, lynx, beaver, or a part thereof,\ntwo hundred dollars, and an additional penalty of two hundred dollars\nfor each such animal or part thereof involved in the violation;\n 3. (a) If the violation involves the illegal taking of a deer prior to\nthe first day of the open season or after the last day of the open\nseason in the county or part of a county in which taken, or the taking\nof deer with aid of an artificial light, not less than five hundred\ndollars and not more than one thousand dollars for the first deer taken\nand a further penalty of not less than five hundred dollars and not more\nthan one thousand dollars for each succeeding deer taken; provided,\nhowever, that any person having been held liable for a violation\npursuant to this paragraph in the preceding five years shall be subject\nto a fine of not less than seven hundred fifty dollars and not more than\ntwo thousand dollars for the first deer taken and a further penalty of\nnot less than seven hundred fifty dollars and not more than two thousand\ndollars for each succeeding deer taken;\n (b) If the violation involves any illegal taking of a wild deer, other\nthan a taking described in paragraph (a) of this subdivision, five\nhundred dollars for the first deer taken and a further penalty of five\nhundred dollars for each succeeding deer taken;\n 4. If the violation was an act prohibited by section 11-1321 or by\nsubdivision 2 of section 11-0503, or by subdivision 2 of section\n11-0505, or section 13-0345, five hundred dollars, and an additional\npenalty of ten dollars for each fish taken, killed or possessed in\nviolation thereof;\n 5. If the violation was any act prohibited by subdivision 1 of section\n11-0503, not less than five hundred dollars nor more than one thousand\ndollars for each offense and an additional penalty of ten dollars for\neach fish killed in violation thereof;\n 6. If the violation was a violation of paragraph b of subdivision 4 of\nsection 11-0321, a violation of subdivision 1 of section 11-2113, or a\nviolation of section 11-2115, not less than twenty-five dollars nor more\nthan one hundred dollars; and in addition, as determined by the court,\nto either actual damages or the sum of ten dollars for each sign\ninjured, defaced or removed in violation of section 11-2113, which shall\nbe payable to the person sustaining the damage, injury, defacement or\nremoval of such sign, and costs of suit, all of which may be recovered\nin the same action;\n 7. If the violation was a violation of sections 13-0329, 13-0330,\n13-0331, 13-0333, 13-0334, 13-0335, subdivision one of section 13-0337,\n13-0338, 13-0339, 13-0339-a, 13-0340, 13-0340-a through 13-0340-g,\n13-0341, 13-0342, 13-0343, 13-0347, and 13-0349 of this chapter, or of\nany regulation adopted pursuant to the foregoing sections, 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.\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 7-a. If the violation was a violation of subdivision 1 or 2 of section\n13-0309, or section 13-0323 or 13-0327, or section 13-0344, not less\nthan two hundred fifty dollars nor more than one thousand dollars for\neach offense;\n 7-b. If the violation was a violation of subdivision one or two of\nsection 13-0325 of this chapter there shall be a minimum penalty of\ntwenty-five dollars and a maximum of two hundred fifty dollars per\ncontainer or bushel involved in the violation.\n 7-c. If the violation was a violation of subdivision 4 or 5 of section\n13-0333, not less than two thousand five hundred dollars nor more than\nten thousand dollars for each offense;\n 8. If a violation of subdivisions 1 or 2 of section 13-0309 occurs\nduring the time when a permit or license to take shellfish has been\nsuspended or revoked pursuant to the provisions of subdivision 3 of\nsection 13-0311 or subparagraph (3) of paragraph b of subdivision 1 of\nsection 11-0719, not less than five hundred dollars nor more than\nfifteen hundred dollars for each offense, and in addition the forfeiture\nto the state of the tongs, rakes, dredges or devices other than boats\nused by or in connection with such illegal taking;\n 9. If the violation was a failure by any public officer to perform any\nduty imposed by the Fish and Wildlife Law or by any rule or regulation\nof the department, one hundred dollars;\n 10. If the violation was an act prohibited by section 11-2117, one\nhundred dollars, one-half of which shall be payable to the owner or\noccupant of the damaged property, in addition to the actual damages, if\nany, recoverable by the person sustaining the damage;\n 11. If the violation involved the illegal taking or possessing of\nmuskrats taken from a registered muskrat marsh covered by a permit under\nsection 11-1109, when the violation is committed by the registrant\nholding the permit or other person designated in writing to trap on the\nmarsh of such registrant, while the permit is in force, not less than\none hundred dollars nor more than five hundred dollars;\n 12. If the violation was a violation of section 11-1731; relating to\nbird plumage for fish-fly tying, five hundred dollars.\n 13. If the violation was an act prohibited by subdivision two of\nsection 11-0535 or by section 11-0536 of this chapter, or by any lawful\nrule or regulation of the department promulgated pursuant thereto, not\nmore than four thousand dollars, and an additional penalty of not more\nthan seven hundred dollars for each fish, shellfish, crustacea, wildlife\nor part thereof involved in the violation. If the violation was an act\nprohibited by any regulation of the department promulgated pursuant to\nsubdivision three of section 11-0535 of this chapter, then such penalty\nshall be not more than two thousand dollars, and an additional penalty\nof not more than four hundred dollars for each fish, shellfish,\ncrustacea, wildlife or part thereof involved in the violation.\n 14. If the violation was a violation of subdivision ten of section\n11-0901 involving the illegal taking of a moose, two thousand dollars.\n 15. If the violation was a first or second violation of section\n11-0514 of this chapter, a fine of up to five hundred dollars for each\nanimal for each act of importation, possession, introduction, sale,\noffer for sale, distribution, transportation or otherwise marketing or\ntrading. For a third or subsequent separate violation of section\n11-0514 of this chapter, the greater of a. a fine of one thousand\ndollars for each animal for each act of importation, breeding,\npossession, introduction, sale, offer for sale, distribution,\ntransportation or otherwise marketing or trading or b. an amount equal\nto three times (1) the financial security provided by customers for the\nopportunity to take the animal or (2) the value of a boar for meat\nproduction or as breeding stock.\n 16. If the violation was an act prohibited by section 11-0535-a of\nthis chapter, not more than three thousand dollars or not more than two\ntimes the value of the article involved, whichever is greater. If the\nviolation is a second or subsequent violation of such section 11-0535-a,\nnot more than six thousand dollars or not more than three times the\nvalue of the article involved, whichever is greater.\n 17. If the violation was an act prohibited by section 11-0535-b of\nthis chapter, not more than one thousand dollars or not more than two\ntimes the value of the article involved, whichever is greater. If the\nviolation is a second or subsequent violation of such section 11-0535-b,\nnot more than two thousand dollars or not more than three times the\nvalue of the article involved, whichever is greater.\n