S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3487 A. 5046
2019-2020 Regular Sessions
S E N A T E - A S S E M B L Y
February 7, 2019
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IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, 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. 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, is amended to read as follows:
4. Officers named in subdivision 1 OF THIS SECTION shall have power:
a. To execute all warrants and search warrants issued for violation of
the Fish and Wildlife Law and to serve subpoenas issued for examination,
investigation or trial of offenses against any of its provisions;
b. To search without search warrant any boat or vehicle of any kind,
any box, locker, basket, creel, crate, game bag, package or any contain-
er of any nature and the contents of any building other than a dwelling
whenever they have PROBABLE cause to believe that any provision of this
article or of any law for the protection of fish, shellfish, crustacea,
wildlife, game or protected insects has been or is being violated, and
to use such force as may be necessary for the purpose of examination and
search;
c. To search any dwelling and its contents, provided they have a
search warrant to do so;
d. To arrest without warrant any person committing in their presence a
misdemeanor under the provisions of this chapter listed in section
71-0501 or under titles 5 through 15 inclusive and title 33 of this
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03176-01-9
S. 3487 2 A. 5046
article and to take such person immediately before a magistrate having
jurisdiction for trial;
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 PROBABLE 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 PROBABLE cause to believe that its
possession or use is in violation of any provision of the Fish and Wild-
life Law or regulation pursuant thereto;
(3) Any firearm, when they have PROBABLE 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
WHEN THEY HAVE PROBABLE CAUSE TO BELIEVE THAT ITS POSSESSION OR USE IS
in violation of subdivisions 1 or 2 of section 13-0309 OF 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 wildlife, 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.
G. WITHIN TWENTY-FOUR HOURS OF ANY SEARCH OR SEIZURE UNDERTAKEN WITH-
OUT A WARRANT PURSUANT TO THIS SUBDIVISION, THE OFFICER SHALL FILE WITH
A COURT OF COMPETENT JURISDICTION AN AFFIDAVIT OR SWORN STATEMENT
DESCRIBING WITH PARTICULARITY THE BASIS FOR PROBABLE CAUSE JUSTIFYING
THE PLACES THAT WERE SEARCHED AND THE ITEMS THAT WERE SEIZED. A COPY OF
THE AFFIDAVIT OR SWORN STATEMENT SHALL BE MAILED BY REGISTERED MAIL TO
ANY PERSON CHARGED WITH AN OFFENSE UNDER THIS CHAPTER PURSUANT TO THE
SEARCH OR SEIZURE WITHIN THREE DAYS OF ITS FILING WITH THE COURT.
§ 2. This act shall take effect immediately.