N.Y. Environmental Conservation Law § 71-0923: Violations

§ 71-0923. Violations.

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.