Section 71-0921. Misdemeanors

The  following  acts  are misdemeanors, punishable as herein provided,
  when they are done in violation of the section  or  subdivision  thereof
  specified, or if no section is specified, in violation of any section of
  the Fish and Wildlife Law:
    1.  The  illegal taking of big game prior to the first day of the open
  season or after the last day of the open season in the  county  or  part
  thereof  where  taken, or any illegal taking of a deer, or the taking of
  big game by the aid of an artificial light. Each such misdemeanor  shall
  be punishable by imprisonment for not more than one year or by a fine of
  not  less  than  two  hundred  fifty  dollars nor more than two thousand
  dollars, or by both such imprisonment and fine.
    2. The illegal taking of a bear less than one year old or  the  taking
  of  a  bear  by  a  means  or method not permitted by this chapter. Such
  misdemeanor shall be punishable by imprisonment for not  more  than  one
  year or by a fine of not more than two thousand dollars, or by both such
  imprisonment and fine.
    3.  Possession,  use  or  discharge  of  a  firearm  in  violation  of
  subdivision 1, 2, 4, 5, or 6 of section 11-0931 of  this  chapter.  Each
  such  misdemeanor  shall be punishable by imprisonment for not more than
  three months or by a fine of not less than two hundred dollars nor  more
  than one thousand dollars, or by both such imprisonment and fine.
    4. a. Violations of:
    (1)  subdivision  one of section 13-0309 of this chapter involving the
  taking of shellfish from uncertified shellfish lands, or the possession,
  transportation, sale or trafficking in shellfish so taken;
    (2) subdivision two of section 13-0309 of this chapter  involving  the
  taking of shellfish between sunset and sunrise;
    (3)  subdivision  ten of section 13-0309 of this chapter involving the
  possession of a stick dredge  after  one  prior  conviction  under  such
  subdivision for such activity;
    (4)  subdivision  one of section 13-0311 of this chapter involving the
  taking of shellfish without the required digger's permit;
    (5) subdivision seven of section 13-0311 of this chapter involving the
  taking of shellfish while one's digger's permit is suspended or revoked;
    (6) subdivision one of section 13-0315 of this chapter  involving  the
  processing,  transportation,  shipment  or sale of shellfish without the
  required shipper's or processor's permit;
    (7) regulations promulgated by  the  department  pursuant  to  section
  13-0319  of  this chapter involving the failure to tag or seal shellfish
  or the falsifying of  any  information  required  on  any  tag  or  seal
  required by said regulations;
    (8) subdivision five of section 13-0325 of this chapter, regarding the
  taking  of  undersized  clams,  where  the  taking  involves  more  than
  twenty-four percentum of clams of less than legal size;
    (9) subdivision two of section 13-0327 of this chapter, regarding  the
  taking  of  undersized  scallops,  where  the  taking involves more than
  twenty-four percentum of scallops of less than legal size; and
    (10) section 13-0344 of this chapter involving the dumping of  objects
  into the water after being signaled by a police officer or peace officer
  to stop for inspection.
    b. Each such misdemeanor identified in paragraph a of this subdivision
  shall be punishable as follows:
    (1)  For  a  first  conviction  for  any  of  the violations listed in
  paragraph a of this subdivision, by imprisonment for not more than sixty
  days, a fine of not less than two hundred fifty dollars  nor  more  than
  one  thousand dollars plus, if applicable, an amount equal to the market

  value of the shellfish involved  in  the  violation,  or  by  both  such
  imprisonment and fine.
    (2)  For  a  second  conviction  for  any  of the violations listed in
  paragraph a of this subdivision,  by  imprisonment  for  not  more  than
  ninety  days, a fine of not less than five hundred dollars nor more than
  twenty-five hundred dollars plus, if  applicable,  an  amount  equal  to
  three times the market value of the shellfish involved in the violation,
  or by both such imprisonment and fine.
    (3)  For  a  third  or subsequent conviction for any of the violations
  listed in paragraph a of this subdivision, by imprisonment for not  more
  than  one  hundred  eighty  days,  a  fine of not less than one thousand
  dollars nor more than ten  thousand  dollars  plus,  if  applicable,  an
  amount  equal  to three times the market value of the shellfish involved
  in the violation, or by both such imprisonment and fine.
    (4) Provided, further, that  all  equipment  or  conveyances  used  to
  harvest, transport or traffic in such illegal shellfish may be forfeited
  for  any  third  or  subsequent  conviction  of the above violations, in
  addition to such penalties or imprisonment. Such forfeiture shall be  in
  addition  to  any  forfeiture  authorized  by  section  71-0909  of this
  article.
    5. a. Violations of:
    (1) subdivision three of section 13-0309 of this chapter involving the
  illegal use of dredges, scrapes or other devices operated by power or by
  boats propelled by motor or other mechanical means for  the  purpose  of
  taking shellfish;
    (2) subdivision eight of section 13-0309 of this chapter involving the
  operation,  use  or  placing,  for  whatever purpose, of dredges, rakes,
  tongs or other devices  for  the  taking  of  shellfish  in  uncertified
  shellfish lands after a prior conviction under such subdivision for such
  activity;
    (3)  subdivision nine of section 13-0309 of this chapter involving the
  altering, damaging, mutilating, moving or  carrying  away  of  buoys  or
  markers used to designate the uncertified waters of the state;
    (4)  subdivision five of section 13-0325 of this chapter regarding the
  taking of undersized clams, where the taking involves  between  ten  and
  twenty-four percentum of clams of less than legal size; and
    (5)  subdivision two of section 13-0327 of this chapter, regarding the
  taking of undersized scallops, where the taking involves between ten and
  twenty-four percentum of scallops of less than legal size.
    b. Each such misdemeanor identified in paragraph a of this subdivision
  shall be punishable as follows:
    (1) For a  first  conviction  of  any  of  the  violations  listed  in
  paragraph  a  of  this  subdivision,  by  imprisonment for not more than
  thirty days, a fine of not less than two hundred fifty dollars nor  more
  than  five  hundred  dollars plus, if applicable, an amount equal to the
  market value of the shellfish involved in the violation, or by both such
  imprisonment and fine.
    (2) For a second conviction  for  any  of  the  violations  listed  in
  paragraph  a  of  this  subdivision, by imprisonment not to exceed sixty
  days, a fine of not less than five hundred dollars  nor  more  than  one
  thousand  dollars  plus,  if  applicable,  an amount equal to the market
  value of the shellfish involved  in  the  violation,  or  by  both  such
  imprisonment and fine.
    (3)  For  a  third  or subsequent conviction for any of the violations
  listed in paragraph a of this subdivision, by imprisonment for not  more
  than  one  hundred  eighty  days,  a  fine of not less than one thousand
  dollars nor more than five thousand  dollars  plus,  if  applicable,  an

  amount  equal  to  the  market  value  of  the shellfish involved in the
  violation, or by both such imprisonment and fine.
    6.  Violations  of paragraph b of subdivision 3 or subdivision 5 or 12
  of section 13-0329 of this  chapter.  Each  such  misdemeanor  shall  be
  punishable  by  imprisonment  for not more than one year or by a fine of
  not less than five hundred dollars nor more than two  thousand  dollars,
  or by both such imprisonment and fine.
    7.  Violations  of  subdivision  7  or  11  of section 13-0329 of this
  chapter.  Each such misdemeanor shall be punishable by imprisonment  for
  not  more  than  ninety  days or by a fine of not less than five hundred
  dollars nor more than one thousand dollars, or by both such imprisonment
  and fine.
    8. Making a false statement in applying for a license, stamp or permit
  under the Fish and Wildlife Law, or for a certificate in lieu of a  lost
  license  or  stamp  or a duplicate big game license tag under title 7 of
  article 11 of this chapter. Each such misdemeanor shall be punishable by
  imprisonment for not more than three months, or by a fine  of  not  more
  than  two  hundred  dollars,  or  by both such imprisonment and fine. In
  addition, the department may  immediately  revoke  the  license,  stamp,
  permit  or  certificate for which application was made for the remainder
  of its effective term.
    9. Failure to give the department  the  prompt  notification  required
  under  subdivision  10  of  section  13-0301  of  this chapter, when the
  specified buoys or markers are destroyed. Each such misdemeanor shall be
  punishable by imprisonment for not more than one year or by  a  fine  of
  not  more  than  one  thousand dollars, or by both such imprisonment and
  fine.
    10. Violation of subdivision  10  of  section  11-0901  involving  the
  illegal  taking of a moose. Each such misdemeanor shall be punishable by
  imprisonment for not more than one year or by a fine of  not  more  than
  two thousand dollars, or by both such imprisonment and fine.
    11.  Any person who violates the provisions of section 11-0537 of this
  chapter, in the case of a first violation, shall be guilty of a class  B
  misdemeanor  and,  upon  conviction thereof, shall be punished by a fine
  not to exceed five thousand dollars or by  imprisonment  not  to  exceed
  ninety  days,  or  both;  provided  that  in  the  case  of  a second or
  subsequent  violation  such  person  shall  be  guilty  of  a  class   A
  misdemeanor  and,  upon  conviction thereof, shall be punished by a fine
  not to exceed ten thousand dollars or imprisonment  not  to  exceed  one
  year,  or both; provided, further, that the commission of each taking or
  other act prohibited by section 11-0537 of this chapter with respect  to
  a  bald  or  golden  eagle shall constitute a separate violation of this
  section; provided, further, that one-half of any such fine, but  not  to
  exceed two thousand five hundred dollars, shall be paid to the person or
  persons giving information which leads to conviction.
    12.  Any violation of section 13-0344 of this chapter is punishable by
  imprisonment for not more than thirty days, or by a  fine  of  not  less
  than two hundred fifty dollars nor more than one thousand dollars, or by
  both such fine and imprisonment.
    13.  Violations  of  subdivision one or two of section 11-1904 of this
  chapter. Each such misdemeanor shall be punishable by a fine of not more
  than two thousand five hundred dollars, or by imprisonment for not  more
  than  one year, or by both such fine and imprisonment; except that where
  the person convicted of violating such subdivision has gained  money  or
  property  through  the  commission  of the violation, in lieu of the two
  thousand five hundred dollar maximum fine provided for herein, the court
  may impose a fine in accordance with the provisions of subdivision  five
  of section 80.05 of the penal law.