State Codes and Statutes

Statutes > New-york > Env > Article-71 > Title-9 > 71-0925

§ 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. 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 dollars and an  additional  penalty  of  four  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  two  thousand dollars, and an additional penalty of not more  than three hundred fifty 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  one  thousand dollars, and an  additional penalty of not more than two 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.

State Codes and Statutes

Statutes > New-york > Env > Article-71 > Title-9 > 71-0925

§ 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. 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 dollars and an  additional  penalty  of  four  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  two  thousand dollars, and an additional penalty of not more  than three hundred fifty 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  one  thousand dollars, and an  additional penalty of not more than two 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Env > Article-71 > Title-9 > 71-0925

§ 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. 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 dollars and an  additional  penalty  of  four  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  two  thousand dollars, and an additional penalty of not more  than three hundred fifty 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  one  thousand dollars, and an  additional penalty of not more than two 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.