Senate Bill S6876

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6876                                                  A. 9751

                      S E N A T E - A S S E M B L Y

                              April 2, 2012
                               ___________

IN  SENATE  --  Introduced  by  Sens.  LAVALLE, ZELDIN -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental Conservation

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  powers and duties of enforcement officers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs e and f of subdivision 4 of section  71-0907  of
the  environmental  conservation  law,  subparagraph 5 of paragraph f as
added by chapter 366 of the  laws  of  1981,  are  amended  to  read  as
follows:
  e. To seize as evidence [without warrant] any fish, shellfish, crusta-
cea,  wildlife, game, or parts thereof, protected insects or plumage [as
defined in section 11-1729,] whenever they have cause to believe  it  is
possessed  or  transported  in violation of law, or it bears evidence of
illegal taking, or it is possessed or  transported  under  circumstances
making  the possession or transportation presumptive evidence of illegal
taking;
  f. To seize as evidence [without warrant]
  (1) Any net, trap or other device constituting a nuisance  as  defined
in section 71-0915 OF THIS TITLE;
  (2)  Any net, trap or device other than a boat, a vehicle, or aircraft
or a firearm when they have cause to believe that its possession or  use
is  in  violation of any provision of the Fish and Wildlife Law or regu-
lation pursuant thereto;
  (3) Any firearm, when they have cause to believe that it has been used
in a violation of the Fish and Wildlife Law constituting  a  misdemeanor
involving the illegal taking or attempting to take wild deer;
  (4)  Any rakes, tongs, dredges, or device other than a boat or vehicle
used, or in possession for purpose of use, for the taking  of  shellfish
in  violation of [subdivisions] SUBDIVISION 1 or 2 of section 13-0309 OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15147-02-2

S. 6876                             2                            A. 9751

THIS CHAPTER.  For the purposes of this paragraph  "device"  includes  a
bird,  dog, or other animal used in or as an aid in taking fish or wild-
life, any jack light, spot light or other artificial light other than  a
headlight  attached  in  proper position to a motor vehicle, any hunting
appliance or apparatus and any fishing or netting gear or tackle.   This
paragraph does not limit any power of seizure pursuant to warrant.
  (5)  Any  boat or vehicle, when they have probable cause to believe it
has been used for the taking of shellfish in violation of subdivision  2
or  3  of section 13-0309 of this chapter by a person possessing, at the
time of such use, commercial shellfish harvesting gear or  shellfish  in
excess  of  two pecks. For the purposes of this subparagraph "commercial
shellfish harvesting gear" shall mean rakes, tongs,  dredges  and  other
devices commonly used to harvest shellfish for commercial purposes.
  S 2. This act shall take effect immediately.