N.Y. Environmental Conservation Law § 71-0907: Powers and duties of enforcement officers

§ 71-0907. Powers and duties of enforcement officers.

1. All officers and employees, designated by the commissioner, and all

peace officers, when acting pursuant to their special duties and all

police officers, shall enforce all laws of the state relating to fish,

wildlife, shellfish, crustacea, protected insects and game. Such

officers may include conservation officers, regional and assistant

regional conservation officers, special game protectors, inspectors of

the office of parks and recreation, bay constables, and forest rangers.

2. All police officers, and all peace officers, when acting pursuant

to their special duties, and all officers and employees of the

department, as may be designated by the commissioner, shall enforce the

provisions of title 21 of article 11 of the Fish and Wildlife Law, and

the provisions of article 71 applicable thereto, except that the

department and its enforcement officers are not obligated to enforce the

provisions of section 11-2113 prohibiting trespass upon lands privately

owned, other than licensed game preserves and shooting preserves, unless

the trespass committed consists of (a) hunting, fishing or trapping or

disturbing wildlife; or (b) cutting, pulling or digging of trees; or (c)

the removal of trees.

3. The officers named in subdivision 1 shall enforce the provisions of

this chapter listed in section 71-0501 or under titles 5 through 15

inclusive and title 33 of this article or of judgments obtained for

violation thereof, and shall have, particularly, the powers stated in

subdivision 4. Peace officers shall have the same powers as conservation

officers, and state police under the Fish and Wildlife Law, except the

power to search without warrant.

4. Officers named in subdivision 1 shall have power:

a. To execute all warrants and search warrants issued for violation of

the Fish and Wildlife Law and to serve subpoenas issued for examination,

investigation or trial of offenses against any of its provisions;

b. To search without search warrant any boat or vehicle of any kind,

any box, locker, basket, creel, crate, game bag, package or any

container of any nature and the contents of any building other than a

dwelling whenever they have cause to believe that any provision of this

article or of any law for the protection of fish, shellfish, crustacea,

wildlife, game or protected insects has been or is being violated, and

to use such force as may be necessary for the purpose of examination and

search;

c. To search any dwelling and its contents, provided they have a

search warrant to do so;

d. To arrest without warrant any person committing in their presence a

misdemeanor under the provisions of this chapter listed in section

71-0501 or under titles 5 through 15 inclusive and title 33 of this

article and to take such person immediately before a magistrate having

jurisdiction for trial;

e. To seize as evidence without warrant any fish, shellfish,

crustacea, wildlife, game, or parts thereof, protected insects or

plumage as defined in section 11-1729, whenever they have cause to

believe it is possessed or transported in violation of law, or it bears

evidence of illegal taking, or it is possessed or transported under

circumstances making the possession or transportation presumptive

evidence of illegal taking;

f. To seize as evidence without warrant

(1) Any net, trap or other device constituting a nuisance as defined

in section 71-0915;

(2) Any net, trap or device other than a boat, a vehicle, or aircraft

or a firearm when they have cause to believe that its possession or use

is in violation of any provision of the Fish and Wildlife Law or

regulation pursuant thereto;

(3) Any firearm, when they have cause to believe that it has been used

in a violation of the Fish and Wildlife Law constituting a misdemeanor

involving the illegal taking or attempting to take wild deer;

(4) Any rakes, tongs, dredges, or device other than a boat or vehicle

used, or in possession for purpose of use, for the taking of shellfish

in violation of subdivisions 1 or 2 of section 13-0309. For the

purposes of this paragraph "device" includes a bird, dog, or other

animal used in or as an aid in taking fish or wildlife, any jack light,

spot light or other artificial light other than a headlight attached in

proper position to a motor vehicle, any hunting appliance or apparatus

and any fishing or netting gear or tackle. This paragraph does not

limit any power of seizure pursuant to warrant.

(5) Any boat or vehicle, when they have probable cause to believe it

has been used for the taking of shellfish in violation of subdivision 2

or 3 of section 13-0309 of this chapter by a person possessing, at the

time of such use, commercial shellfish harvesting gear or shellfish in

excess of two pecks. For the purposes of this subparagraph "commercial

shellfish harvesting gear" shall mean rakes, tongs, dredges and other

devices commonly used to harvest shellfish for commercial purposes.

5. To retain custody of and provide for the safekeeping of any thing

seized as provided in paragraph e or f of subdivision 4 of this section,

or deposit it for safekeeping with any police officer, as he deems

appropriate, subject to regulations of the department, or of the

Superintendent of State Police in the case of a member of the state

police, and subject to order of any court having jurisdiction, until

determination of any prosecution, civil or criminal, arising from the

violation or alleged violation with respect to which they are evidence.

6. No officer named in subdivision 1 shall compromise or settle out of

court any civil liability for any violation of the Fish and Wildlife

Law.

7. No person shall fail or refuse to comply with any lawful order or

directive of any conservation officer or other person duly empowered to

enforce all laws of the state relating to fish, wildlife, shellfish,

crustacea, protected insects and game.

8. Notwithstanding section 13-0334 of this chapter to the contrary, a.

where a commercial fishing vessel, lawfully operating under the fishing

permits of another state: (1) encounters or is forecasted to encounter

unsafe weather conditions defined as high winds thirty-five knots or

greater or waves ten feet or higher or ice or other adverse condition

that make the continuation of the voyage unsafe and poses a risk to life

and property, or (2) experiences a mechanical problem, that makes the

continuation of the voyage unsafe and poses a risk to life and property

including compromised hull integrity or pump failures or (3) experiences

a significant medical emergency which requires immediate medical

attention necessary to protect the health of any person on board, or (4)

experiences loss of essential gear such as support systems that renders

the vessel unable to remain at sea said commercial fishing vessel may

dock at a New York port. A sinking vessel or a vessel leaking oil or

fuel may be otherwise directed when the safety of persons is maintained

and the vessel poses a significant threat to the waters of New York. The

commercial fishing vessel may be required by the department to

independently verify the reason for the unscheduled dockage with a

mechanic deemed qualified by New York state, the National Weather

Service or a medical professional, as appropriate. b. The fishing vessel

shall immediately notify the department and the permitting state as soon

as the danger is known and communication signals allow. The commercial

fishing vessel shall provide the department with: (1) details on the

vessel including the vessel captain's name; (2) identity of the

permitting state; (3) the nature of the problem; (4) identity of the

intended docking location, estimated time of arrival, and quantities and

types of fish on board and, (5) a call back phone number or other method

of contact. c. The commercial fishing vessel shall not offload cargo

without the express authorization of and supervision by department

personnel. Authorization to offload fish may be granted where the fish

on board the vessel will become unmarketable due to the duration of the

unscheduled dockage. Authorization may be limited according to the

willingness of the permitting state to accept the fish under that

state's fish allocation.