N.Y. Environmental Conservation Law § 71-0921: Misdemeanors

§ 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. (a) 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 the taking of big game with aid of an

artificial light. Each such misdemeanor for a violation of this

paragraph 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 three

thousand dollars, or by both such imprisonment and fine.

(b) Any illegal taking of a deer, other than a taking described in

paragraph (a) of this subdivision, 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. The sale of bear gallbladder/bile in violation of

paragraph b of subdivision nine of section 11-0917 of this chapter shall

be punishable by a fine of five thousand dollars per violation.

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) regulations promulgated by the department pursuant to 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) regulations promulgated by the department pursuant to 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, privilege or

permit under the Fish and Wildlife Law, or for a certificate in lieu of

a lost license or privilege or a duplicate hunting 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,

privilege, 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.

10-a. Violations of subdivision fourteen of section 11-0901 of this

chapter involving unlawful contests, competitions, tournaments and

derbys to take wildlife. Each such violation shall be punishable by a

fine of not less than five hundred dollars nor more than two thousand

dollars.

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.

14. Violation of subparagraph one, two or four of paragraph b of

subdivision one of section 11-0719 of this chapter involving the

revocation and suspension of hunting, trapping, or fishing licenses.

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.