Laws of New York (Last Updated: November 21, 2014) |
ENV Environmental Conservation |
Article 71. ENFORCEMENT |
Title 9. ENFORCEMENT OF ARTICLES 11 AND 13--THE FISH AND WILDLIFE LAW |
Section 71-0923. Violations
Latest version.
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1. Any offense specified in section 71-0919 of this article, unless made a misdemeanor by section 71-0921 of this article or another provision of such chapter, shall be a violation, punishable, except as otherwise provided in this section, by imprisonment for not more than fifteen days, or by a fine of not more than two hundred fifty dollars, or by both such fine and imprisonment. 2. A violation of subdivision 1 of section 11-0705 of this chapter shall be punishable as follows: a. As provided in subdivision 1 of this section, if the violation consisted of a refusal to exhibit a license on demand of any environmental conservation officer or other person; b. By forfeiture of the license and by a fine of not more than twenty-five dollars if the violation was committed while exercising the privileges of a special antlerless deer license and consisted of failure of the offender to have on his person a license held by him entitling him to exercise those privileges. 3. A violation of subdivision 2 of section 11-0705 of this chapter shall be punishable by forfeiture of licenses and tags issued pursuant to this chapter which authorizes the holder to hunt wildlife and by a fine of not more than twenty-five dollars. 4. When a license or license tag is forfeited as provided in this section, the licensee shall surrender it to any environmental conservation officer, special game protector or any other person authorized by the department to receive it. Such forfeiture does not prevent the procurement of another license. 5. A violation of subdivision one of section 11-0923 is punishable by imprisonment for not more than ten days, or by a fine of not less than two hundred dollars, or by both such fine and imprisonment. 6. A first conviction for a violation of subdivision eight of section 13-0309 of this chapter, involving devices for taking shellfish in uncertified lands, or a violation of subdivision ten of section 13-0309 of this chapter, involving possession of a stick dredge, shall be punishable as a violation under this section. 8. Any violation of sections 13-0329, 13-0330, 13-0331, 13-0333, 13-0334, 13-0335, subdivision one of section 13-0337, 13-0338, 13-0339, 13-0339-a, 13-0340, 13-0340-a through 13-0340-g, 13-0341, 13-0342, 13-0343, 13-0347, and 13-0349 of this chapter, or of any regulation adopted pursuant to the foregoing sections, shall be punishable by imprisonment of not more than fifteen days or by a fine of the greater of two hundred fifty dollars or: a. for violations involving one to five fish, shellfish or crustaceans, twenty-five dollars for each fish, shellfish or crustacean taken or possessed in violation of the above sections; b. for violations involving six to twenty-five fish, shellfish or crustaceans, fifty dollars for each fish, shellfish or crustacean taken or possessed in violation of the above sections; c. for violations involving more than twenty-five fish, shellfish or crustaceans, one hundred dollars for each fish, shellfish or crustacean taken or possessed in violation of the above sections; or by both such fine and imprisonment. For purposes of determining the applicable fine pursuant to this subdivision, the number of fish, crustaceans or shellfish shall be the aggregate number involved in the violation, regardless of species. 9. A violation of section 11-0110 of this chapter is punishable by imprisonment for not more than ten days, or by a fine of not more than two hundred fifty dollars, or by both such fine and imprisonment. 10. A violation of subdivision twelve of section 11-1101 of this chapter is punishable by imprisonment of not more than ten days, or by a fine of not more than one hundred dollars, or by both such fine and imprisonment. 11. A violation of subdivision eight of section 11-0505 of this chapter shall be punishable by a fine of not more than fifty dollars. 12. A violation of section 11-1906 of this chapter shall be punishable by a fine of not more than two thousand five hundred dollars.