N.Y. Environmental Conservation Law § 71-0924: Illegal commercialization of fish, shellfish, crustaceans, and wildlife

§ 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;

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; and

4. where the value of ivory articles, as defined in section 11-0535-a

of this chapter, exceeds twenty-five thousand dollars, the offense shall

constitute a class D felony under the provisions of the penal law.

5. 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.