S T A T E O F N E W Y O R K
________________________________________________________________________
6692
2009-2010 Regular Sessions
I N A S S E M B L Y
March 11, 2009
___________
Introduced by M. of A. DelMONTE, SWEENEY -- read once and referred to
the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to fines
and penalties for violations of the fish and wildlife law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 71-0519 of the environmental
conservation law, as amended by chapter 289 of the laws of 2004, is
amended to read as follows:
2. The agreed amount shall not be less than [ten] TWENTY-FIVE dollars
nor more than the amount for which such person would be liable in a
civil action for penalties; provided that any person who has violated
the provisions of this chapter listed in section 71-0501 or under titles
5 through 13 inclusive and titles 27 and 33 of this article, involving
the taking of a deer with the aid of an artificial light, or has ille-
gally taken a deer prior to the first day of the open season or after
the last day of the open season in the county in which taken, or has
otherwise illegally taken a deer, and who desires to compromise and
settle his civil liability therefor, may, in the manner herein provided,
compromise and settle his liability for civil penalties under the
provisions of this chapter listed in section 71-0501 or under titles 5
through 13 inclusive and titles 27 and 33 of this article, in an amount
not less than [one] TWO hundred dollars nor more than the amount for
which such person would be liable in a civil action for penalties.
S 2. The opening paragraph, subdivision 1, subparagraph 9 of paragraph
a of subdivision 4, subparagraph 5 of paragraph a of subdivision 5 and
subdivision 6 of section 71-0921 of the environmental conservation law,
the opening paragraph as added by chapter 640 of the laws of 1977,
subdivision 1 as amended by chapter 289 of the laws of 2004, subpara-
graph 9 of paragraph a of subdivision 4 and subparagraph 5 of paragraph
a of subdivision 5 as added by chapter 417 of the laws of 1996 and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01232-01-9
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subdivision 6 as amended by chapter 416 of the laws of 1989, are amended
to read as follows:
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, OR ANY ORDER, RULE OR REGULATION OF THE
DEPARTMENT PROMULGATED PURSUANT THERETO OR THE TERMS OF ANY LICENSE OR
PERMIT ISSUED THEREUNDER:
1. 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 any illegal taking of a deer, or the taking of
big game by the aid of an artificial light. [Each such] A FIRST misde-
meanor FOR A VIOLATION OF THIS SUBDIVISION shall be punishable by impri-
sonment for not more than one year or by a fine of not less than [two]
THREE hundred [fifty] dollars nor more than two thousand dollars, or by
both such imprisonment and fine. EVERY SUBSEQUENT MISDEMEANOR FOR A
VIOLATION OF THIS SUBDIVISION 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 IMPRISON-
MENT AND FINE.
(9) [subdivision two of] REGULATIONS PROMULGATED 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
(5) [subdivision two of] REGULATIONS PROMULGATED 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 scal-
lops of less than legal size.
6. Violations of paragraph b of subdivision 3, or subdivision 5 or 12,
OR REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION 15 OR 16 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.
S 3. Section 71-0923 of the environmental conservation law, as added
by chapter 640 of the laws of 1977, subdivision 1 as amended and subdi-
vision 6 as added by chapter 417 of the laws of 1996, subdivision 3 as
amended by section 53 of part F of chapter 82 of the laws of 2002,
subdivision 5 as added by chapter 896 of the laws of 1980, subdivision 8
as amended by chapter 284 of the laws of 2004, subdivision 9 as added by
chapter 881 of the laws of 1986 and as renumbered by chapter 586 of the
laws of 1991, subdivision 10 as added by chapter 586 of the laws of
1991, subdivision 11 as added by chapter 381 of the laws of 1997 and
subdivision 12 as added by chapter 653 of the laws of 2005, is amended
to read as follows:
S 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] THIS 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 LESS THAN THIRTY-FIVE
DOLLARS NOR more than [two hundred fifty] THREE HUNDRED FIFTY dollars,
or by both such fine and imprisonment.
2. A violation of subdivision 1 of section 11-0705 of this chapter, OR
ANY ORDER, RULE OR REGULATION OF THE DEPARTMENT PROMULGATED PURSUANT
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THERETO OR THE TERMS OF ANY LICENSE OR PERMIT ISSUED THEREUNDER, 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, TAG, OR STAMP on demand of
any [environmental conservation officer or other] person;
b. BY IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS OR BY A FINE OF NOT
LESS THAN FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS, OR BY BOTH
SUCH IMPRISONMENT AND FINE IF THE VIOLATION CONSISTED OF A REFUSAL TO
EXHIBIT A LICENSE, TAG, OR STAMP ON DEMAND OF ANY ENVIRONMENTAL CONSER-
VATION OFFICER.
C. By forfeiture of the license and by a fine of NOT LESS THAN FIFTY
DOLLARS AND not more than [twenty-five] TWO HUNDRED FIFTY 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, OR
ANY ORDER, RULE OR REGULATION OF THE DEPARTMENT PROMULGATED PURSUANT
THERETO OR THE TERMS OF ANY LICENSE OR PERMIT ISSUED THEREUNDER, 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 LESS THAN FIFTY DOLLARS NOR more than [twenty-five] TWO HUNDRED
FIFTY dollars.
4. When a license or license tag is forfeited as provided in this
section, the licensee shall surrender it to any environmental conserva-
tion 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, OR ANY ORDER,
RULE OR REGULATION OF THE DEPARTMENT PROMULGATED PURSUANT THERETO OR THE
TERMS OF ANY LICENSE OR PERMIT ISSUED THEREUNDER, 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, OR ANY ORDER, RULE OR REGULATION OF THE DEPART-
MENT PROMULGATED PURSUANT THERETO OR THE TERMS OF ANY LICENSE OR PERMIT
ISSUED THEREUNDER, involving devices for taking shellfish in uncertified
lands, or a violation of subdivision ten of section 13-0309 of this
chapter, OR ANY ORDER, RULE OR REGULATION OF THE DEPARTMENT PROMULGATED
PURSUANT THERETO OR THE TERMS OF ANY LICENSE OR PERMIT ISSUED THERE-
UNDER, 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 OR THE TERMS OF ANY LICENSE
OR PERMIT ISSUED THEREUNDER, 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 crustace-
ans, 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;
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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, OR ANY ORDER, RULE
OR REGULATION OF THE DEPARTMENT PROMULGATED PURSUANT THERETO, is punish-
able 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 imprison-
ment.
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 chap-
ter, OR ANY ORDER, RULE OR REGULATION OF THE DEPARTMENT PROMULGATED
PURSUANT THERETO, shall be punishable by a fine of not LESS THAN TWEN-
TY-FIVE DOLLARS NOR more than fifty dollars.
[12] 11. A violation of section 11-1906 of this chapter, OR ANY ORDER,
RULE OR REGULATION OF THE DEPARTMENT PROMULGATED PURSUANT THERETO OR THE
TERMS OF ANY LICENSE OR PERMIT ISSUED THEREUNDER, shall be punishable by
a fine of not LESS THAN ONE HUNDRED DOLLARS NOR more than two thousand
five hundred dollars.
12. A VIOLATION OF ANY OF THE FOLLOWING PROVISIONS SHALL BE PUNISHABLE
BY IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS, OR BY A FINE OF NOT LESS
THAN FIFTY DOLLARS NOR MORE THAN SEVEN HUNDRED FIFTY DOLLARS, OR BY BOTH
SUCH IMPRISONMENT AND FINE:
A. SUBPARAGRAPH SEVEN OF PARAGRAPH B OF SUBDIVISION FOUR OF SECTION
11-0901 OF THIS CHAPTER INVOLVING THE HUNTING OF DEER WITH THE AID OF A
PRE-ESTABLISHED BAIT PILE;
B. SUBPARAGRAPH SEVEN OF PARAGRAPH C OF SUBDIVISION FOUR OF SECTION
11-0901 OF THIS CHAPTER INVOLVING THE HUNTING OF BEAR WITH THE AID OF A
PRE-ESTABLISHED BAIT PILE;
C. SUBDIVISION TWELVE OF SECTION 11-0901 OF THIS CHAPTER INVOLVING THE
TAKING OF UPLAND GAME BIRDS WITH THE AID OF BAITING OR ON OR OVER ANY
BAITED AREA; AND
D. ANY RULES OR REGULATIONS ADOPTED PURSUANT TO SECTION 11-0307 OF
THIS CHAPTER INVOLVING THE TAKING OF MIGRATORY GAME BIRDS WITH THE AID
OF BAITING OR ON OR OVER ANY BAITED AREA.
S 4. The opening paragraph and subdivision 3 of section 71-0925 of the
environmental conservation law are amended and a new subdivision 15 is
added to read as follows:
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 PROMULGATED PURSUANT THERETO
OR THE TERMS OF ANY LICENSE OR PERMIT ISSUED THEREUNDER, shall be:
3. 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 the aid of an artificial light, or the illegal taking of a wild
deer, one hundred FIFTY dollars and an additional penalty of [four] FIVE
hundred dollars for the first deer taken and a further penalty of [five]
SEVEN hundred FIFTY dollars for each succeeding deer taken;
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15. IF THE VIOLATION WAS A VIOLATION OF SUBPARAGRAPH SEVEN OF PARA-
GRAPH B OF SUBDIVISION FOUR OF SECTION 11-0901 OF THIS CHAPTER INVOLVING
THE HUNTING OF DEER WITH THE AID OF A PRE-ESTABLISHED BAIT PILE, OR OF
SUBPARAGRAPH SEVEN OF PARAGRAPH C OF SUBDIVISION FOUR OF SECTION 11-0901
OF THIS CHAPTER INVOLVING THE HUNTING OF BEAR WITH THE AID OF A PRE-ES-
TABLISHED BAIT PILE, OR OF SUBDIVISION TWELVE OF SECTION 11-0901 OF THIS
CHAPTER INVOLVING THE TAKING OF UPLAND GAME BIRDS WITH THE AID OF BAIT-
ING OR ON OR OVER ANY BAITED AREA, OR OF ANY RULES OR REGULATIONS
ADOPTED PURSUANT TO SECTION 11-0307 OF THIS CHAPTER INVOLVING THE TAKING
OF MIGRATORY GAME BIRDS WITH THE AID OF BAITING OR ON OR OVER ANY BAITED
AREA, NOT LESS THAN FIFTY DOLLARS NOR MORE THAN SEVEN HUNDRED FIFTY
DOLLARS.
S 5. This act shall take effect on the ninetieth day after it shall
have become a law.