Section 71-0924. Illegal commercialization of fish, shellfish, crustaceans, and wildlife

Notwithstanding any other provision of this chapter, when a  violation
  involves  the  sale,  trade  or  barter of fish, shellfish, crustaceans,
  wildlife, or parts thereof, the  sale,  trade  or  barter  of  which  is
  prohibited  by  the  fish  and  wildlife  law,  the following additional
  penalties shall be imposed:
    1. where the value of fish, shellfish, crustaceans, wildlife, or parts
  thereof, is two hundred fifty dollars or less, the offense  shall  be  a
  violation  punishable  by a fine of five hundred dollars and/or not more
  than fifteen days of imprisonment;
    2. where the value of fish, shellfish, crustaceans, wildlife, or parts
  thereof, is  more than two hundred fifty dollars but does not exceed one
  thousand five hundred  dollars,  the  offense  shall  be  a  misdemeanor
  punishable  by  a fine of five thousand dollars and/or not more than one
  year of imprisonment; and
    3. where the value of fish, shellfish, crustaceans, wildlife, or parts
  thereof, exceeds one thousand five hundred dollars,  the  offense  shall
  constitute a class E felony under the provisions of the penal law.
    4.  For  the  purposes  of  this section the value of fish, shellfish,
  crustaceans and wildlife shall be the fair market  value  of  or  actual
  price  paid  for  such  resource, whichever is greater.  For purposes of
  this section, "sale" shall include  the  acts  of  selling,  trading  or
  bartering  and  all  related acts, such as the act of offering for sale,
  trade or barter, and shall also include the illegal possession of  fish,
  shellfish,  wildlife  or  crustacea  with  intent  to  sell. It shall be
  presumptive evidence of possession with intent to sell when  such  fish,
  shellfish,  wildlife  or  crustacea is possessed in quantities exceeding
  the allowable recreational quantities, or is possessed in  a  retail  or
  wholesale  outlet  commonly used for the buying or selling of such fish,
  shellfish, wildlife or crustacea, provided,  however,  that  nothing  in
  this  subdivision  shall  preclude the admission of other evidence which
  may serve to independently prove a defendant's intent to sell.