N.Y. Environmental Conservation Law § 71-0925: Civil penalties

§ 71-0925. Civil penalties.

The penalties referred to in section 71-0919, to which a person is

liable upon violation of provisions of the Fish and Wildlife Law or any

order, rule or regulation of the department, shall be:

1. Unless another penalty is specifically provided for in this

subdivision or elsewhere in the Fish and Wildlife Law, two hundred

dollars and an additional penalty of one hundred dollars for each fish,

bird or animal or part thereof, other than shellfish or crustacea,

involved in the violation; an additional penalty of one hundred dollars

for each bushel of shellfish or each crustacean, including lobster, or

part thereof, plus an amount equal to the market value or actual price

paid, whichever is greater, of the shellfish or crustacea involved in

the violation;

2. Except as provided in subdivision 3 or another provision of the

Fish and Wildlife Law, if the violation relates to deer, bear, elk,

except captive bred and raised North American elk (Cervus elaphus),

moose, caribou, antelope, wild turkey, lynx, beaver, or a part thereof,

two hundred dollars, and an additional penalty of two hundred dollars

for each such animal or part thereof involved in the violation;

3. (a) If the violation involves the illegal taking of a deer prior to

the first day of the open season or after the last day of the open

season in the county or part of a county in which taken, or the taking

of deer with aid of an artificial light, not less than five hundred

dollars and not more than one thousand dollars for the first deer taken

and a further penalty of not less than five hundred dollars and not more

than one thousand dollars for each succeeding deer taken; provided,

however, that any person having been held liable for a violation

pursuant to this paragraph in the preceding five years shall be subject

to a fine of not less than seven hundred fifty dollars and not more than

two thousand dollars for the first deer taken and a further penalty of

not less than seven hundred fifty dollars and not more than two thousand

dollars for each succeeding deer taken;

(b) If the violation involves any illegal taking of a wild deer, other

than a taking described in paragraph (a) of this subdivision, five

hundred dollars for the first deer taken and a further penalty of five

hundred dollars for each succeeding deer taken;

4. If the violation was an act prohibited by section 11-1321 or by

subdivision 2 of section 11-0503, or by subdivision 2 of section

11-0505, or section 13-0345, five hundred dollars, and an additional

penalty of ten dollars for each fish taken, killed or possessed in

violation thereof;

5. If the violation was any act prohibited by subdivision 1 of section

11-0503, not less than five hundred dollars nor more than one thousand

dollars for each offense and an additional penalty of ten dollars for

each fish killed in violation thereof;

6. If the violation was a violation of paragraph b of subdivision 4 of

section 11-0321, a violation of subdivision 1 of section 11-2113, or a

violation of section 11-2115, not less than twenty-five dollars nor more

than one hundred dollars; and in addition, as determined by the court,

to either actual damages or the sum of ten dollars for each sign

injured, defaced or removed in violation of section 11-2113, which shall

be payable to the person sustaining the damage, injury, defacement or

removal of such sign, and costs of suit, all of which may be recovered

in the same action;

7. If the violation was a 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, 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.

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;

7-a. If the violation was a violation of subdivision 1 or 2 of section

13-0309, or section 13-0323 or 13-0327, or section 13-0344, not less

than two hundred fifty dollars nor more than one thousand dollars for

each offense;

7-b. If the violation was a violation of subdivision one or two of

section 13-0325 of this chapter there shall be a minimum penalty of

twenty-five dollars and a maximum of two hundred fifty dollars per

container or bushel involved in the violation.

7-c. If the violation was a violation of subdivision 4 or 5 of section

13-0333, not less than two thousand five hundred dollars nor more than

ten thousand dollars for each offense;

8. If a violation of subdivisions 1 or 2 of section 13-0309 occurs

during the time when a permit or license to take shellfish has been

suspended or revoked pursuant to the provisions of subdivision 3 of

section 13-0311 or subparagraph (3) of paragraph b of subdivision 1 of

section 11-0719, not less than five hundred dollars nor more than

fifteen hundred dollars for each offense, and in addition the forfeiture

to the state of the tongs, rakes, dredges or devices other than boats

used by or in connection with such illegal taking;

9. If the violation was a failure by any public officer to perform any

duty imposed by the Fish and Wildlife Law or by any rule or regulation

of the department, one hundred dollars;

10. If the violation was an act prohibited by section 11-2117, one

hundred dollars, one-half of which shall be payable to the owner or

occupant of the damaged property, in addition to the actual damages, if

any, recoverable by the person sustaining the damage;

11. If the violation involved the illegal taking or possessing of

muskrats taken from a registered muskrat marsh covered by a permit under

section 11-1109, when the violation is committed by the registrant

holding the permit or other person designated in writing to trap on the

marsh of such registrant, while the permit is in force, not less than

one hundred dollars nor more than five hundred dollars;

12. If the violation was a violation of section 11-1731; relating to

bird plumage for fish-fly tying, five hundred dollars.

13. If the violation was an act prohibited by subdivision two of

section 11-0535 or by section 11-0536 of this chapter, or by any lawful

rule or regulation of the department promulgated pursuant thereto, not

more than four thousand dollars, and an additional penalty of not more

than seven hundred dollars for each fish, shellfish, crustacea, wildlife

or part thereof involved in the violation. If the violation was an act

prohibited by any regulation of the department promulgated pursuant to

subdivision three of section 11-0535 of this chapter, then such penalty

shall be not more than two thousand dollars, and an additional penalty

of not more than four hundred dollars for each fish, shellfish,

crustacea, wildlife or part thereof involved in the violation.

14. If the violation was a violation of subdivision ten of section

11-0901 involving the illegal taking of a moose, two thousand dollars.

15. If the violation was a first or second violation of section

11-0514 of this chapter, a fine of up to five hundred dollars for each

animal for each act of importation, possession, introduction, sale,

offer for sale, distribution, transportation or otherwise marketing or

trading. For a third or subsequent separate violation of section

11-0514 of this chapter, the greater of a. a fine of one thousand

dollars for each animal for each act of importation, breeding,

possession, introduction, sale, offer for sale, distribution,

transportation or otherwise marketing or trading or b. an amount equal

to three times (1) the financial security provided by customers for the

opportunity to take the animal or (2) the value of a boar for meat

production or as breeding stock.

16. If the violation was an act prohibited by section 11-0535-a of

this chapter, not more than three thousand dollars or not more than two

times the value of the article involved, whichever is greater. If the

violation is a second or subsequent violation of such section 11-0535-a,

not more than six thousand dollars or not more than three times the

value of the article involved, whichever is greater.

17. If the violation was an act prohibited by section 11-0535-b of

this chapter, not more than one thousand dollars or not more than two

times the value of the article involved, whichever is greater. If the

violation is a second or subsequent violation of such section 11-0535-b,

not more than two thousand dollars or not more than three times the

value of the article involved, whichever is greater.