Title ENV, Environmental Conservation

§ 71-0703. Penalties.\n In order to secure the enforcement of the several sections of article\n9 the following fines and civil penalties are provided:\n 1. Except as otherwise provided in subdivision 4, 5, 6 or 7 of this\nsection, any person who violates any provision of article …

§ 71-0705. Enforcement. 1. All police officers and peace officers, when acting pursuant to their special duties, shall have the power to arrest without warrant any person committing an offense under the provisions of article 9 and may take such persons immediately before a magist…

§ 71-0707. Resisting or obstructing departmental agent or employee. Any person who resists or obstructs an authorized agent or employee of the department while he is engaged in carrying out any provision of section 9-0305 shall be guilty of a violation which shall be punishable b…

§ 71-0709. Injury to state lands. Any person who intentionally or negligently causes a fire which burns on or over state lands shall be liable to the state for treble damages and, in addition, to a civil penalty of ten dollars for every tree killed or destroyed by such fire. Dama…

§ 71-0711. Injury to municipal or private lands. Any person who causes a fire which burns on or over lands belonging to another person or to a municipality shall be liable to the party injured (a) for actual damages in case of fire negligently caused or (b) for the higher of actu…

§ 71-0712. Timber theft and trespass education-training. Within such funds as may be specifically appropriated therefor, the commissioner is hereby authorized to seek the cooperation and assistance of the attorney general's office and the office of court administration to develop…

§ 71-0713. Recovery for damages from fires. The state, a municipality or any person may sue for and recover damages under section 71-0709 and 71-0711, notwithstanding the distance from the place where the fire was set or started and nottwithstanding the same may have burned over …

§ 71-0715. Rules of evidence applicable to forest fire cases. 1. Prima facie cause on railroad right of way. The fact that a fire originates upon the right of way of a railroad shall be prima facie evidence that the fire was caused by the negligence of the railroad company. 2. Pr…

§ 71-0901. Applicability of title. In addition to the provisions of sections 71-0101, 71-0301 and title 5 of this article the provisions of this title shall be applicable to the enforcement of articles 11 and 13 of this chapter. This title shall also apply to enforcement undertak…

§ 71-0903. Accessories guilty as principals. 1. A person who counsels or aids in a violation of any provision of the Fish and Wildlife Law or a regulation or order of the department pursuant to the Fish and Wildlife Law, or knowingly shares in any of the proceeds of such a violat…

§ 71-0905. Penal Law, Criminal Procedure Law and other laws not affected. 1. No provision or language of the Fish and Wildlife Law shall be construed as amending, repealing, superseding or limiting any provision of the Penal Law, Criminal Procedure Law or other law, except to the…

§ 71-0907. Powers and duties of enforcement officers. 1. All officers and employees, designated by the commissioner, and all peace officers, when acting pursuant to their special duties and all police officers, shall enforce all laws of the state relating to fish, wildlife, shell…

§ 71-0909. Forfeitures. 1. If the defendant in any prosecution, civil or criminal, for a violation involving the taking of deer with the aid of an artificial light, is held liable or found guilty, or shall effect a civil settlement of any action or cause of action in favor of the…

§ 71-0911. Search warrants; when issued. Whenever it appears probable that fish, wildlife or game, shellfish, crustacea, protected insect, or parts thereof taken or possessed contrary to the Fish and Wildlife Law are concealed, or that a net possessed contrary thereto is conceale…

§ 71-0913. Reciprocal enforcement of violations in boundary waters. If and when the state of Vermont, or the state of New Jersey, or the state of Pennsylvania, or the state of Connecticut, or the state of Rhode Island, as the case may be, shall enact a similar law for the arrest …

§ 71-0915. Abatement of nuisances. 1. The following are declared to be nuisances which may be abated as provided in this section: a. Any trap, snare or net, set or used without permit from the Department for taking a wild bird; b. Any trap set or used in violation of section 11-1…

§ 71-0917. Presumptions from possession. 1. Possession of any fish, shell-fish, crustacea or game, or parts thereof, at a time when there is no open season anywhere in the state for the species possessed, shall be presumptive evidence that it was taken unlawfully. 2. Possession o…

§ 71-0919. Punishment of violations of Fish and Wildlife Law. 1. Any person who violates any provision of the Fish and Wildlife Law or any lawful order, rule or regulation of the department promulgated pursuant thereto or the terms of any permit issued thereunder, and any person,…

§ 71-0921. Misdemeanors.\n The following acts are misdemeanors, punishable as herein provided,\nwhen they are done in violation of the section or subdivision thereof\nspecified, or if no section is specified, in violation of any section of\nthe Fish and Wildlife Law:\n 1. (a) The…

§ 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 chapter, shall be a violation, punishable, except as otherwise provided in this section, by imprisonment f…

§ 71-0924. Illegal commercialization of fish, shellfish, crustaceans, and wildlife. Notwithstanding any other provision of this chapter, when a violation involves the sale, trade or barter of fish, shellfish, crustaceans, wildlife, or parts thereof, the sale, trade or barter of w…

§ 71-0925. Civil penalties.\n The penalties referred to in section 71-0919, to which a person is\nliable upon violation of provisions of the Fish and Wildlife Law or any\norder, rule or regulation of the department, shall be:\n 1. Unless another penalty is specifically provided f…

§ 71-0927. Mandatory license revocation.\n 1. Anyone convicted of violating the prohibition against harvesting,\ntaking, possessing or transporting shellfish under facts and\ncircumstances meeting the criteria for imposition of sanctions pursuant\nto subdivision 3 of section 71-0…

§ 71-1101. Applicability of title. In addition to the provisions of sections 71-0101 and 71-0301 and title 5 of this article, the provisions of this title shall be applicable to the enforcement of article 15.

§ 71-1103. Power to sue. The department may bring actions, suits or proceedings as in its judgment may be necessary and proper to enable it to perform any of the duties imposed upon it by the provisions of article 15 except section 15-1713 thereof as amended or to prevent the vio…

§ 71-1105. Enforcement of subdivision 4 of section 15-0313. Any violation of subdivision 4 of section 15-0313 shall be a violation, punishable by a fine of not more than one thousand eight hundred dollars, and in addition thereto, by a civil penalty of not more than one thousand …

§ 71-1107. Punishment for violations of title 5 of article 15. 1. A violation of section 15-0501, 15-0503 or 15-0505, shall constitute a misdemeanor, punishable by a fine of not to exceed ten thousand dollars, or by imprisonment not to exceed one year or by both such fine and imp…

§ 71-1109. Enforcement of subdivisions 1 and 4 of section 15-0507. 1. Any owner violating subdivision 1 of section 15-0507 or any regulations promulgated pursuant thereto may be liable for a penalty not to exceed five hundred dollars for each and every offense; every violation of…

§ 71-1111. Enforcement of subdivision 3 of section 15-0511.\n Any person or local public corporation violating subdivision 3 of\nsection 15-0511 may be liable for a penalty not to exceed five thousand\ndollars for each and every offense; every violation of an order referred\nto i…

§ 71-1112. Enforcement of title eight of article fifteen. 1. The attorney general, on his own initiative or at the request of the commissioner, or the corporation counsel, at the request of the city of New York shall bring an action to restrain or enjoin any violation of any prov…

§ 71-1113. Enforcement of sections 15-1505 and 15-1506. 1. The department shall enforce the provisions of sections 15-1505 and 15-1506 of this chapter and the Supreme Court by injunction may upon application of the department prevent any unauthorized diversion or transportation. …

§ 71-1115. Enforcement of section 15-1525. Any person violating the provisions of section 15-1525 shall be guilty of a violation punishable by a fine of not more than one thousand dollars, and in addition thereto, shall be liable for a civil penalty of not more than fifteen hundr…

§ 71-1117. Enforcement of section 15-1745. 1. Any person or public corporation violating subdivision 1 of section 15-1745, shall be guilty of a violation punishable by a fine of not more than five thousand dollars. 2. In addition, the department may, in an action instituted by it…

§ 71-1121. Enforcement of subdivision 2 of section 15-1947. Violation of subdivision 2 of section 15-1947 shall constitute a violation, punishable by a fine of not more than one thousand dollars, and in addition thereto, a civil penalty of not more than fifteen hundred dollars. …

§ 71-1123. Enforcement of section 15-2133. 1. Any neglect of the provisions of section 15-2133 by any officer or person in charge of any reservoir shall be a violation punishable by a fine of not more than one thousand dollars, and in addition thereto, by a civil penalty of not m…

§ 71-1125. Enforcement of section 15-2315. Any person who violates the provisions of the first sentence of section 15-2315 shall be guilty of a violation punishable by a fine of not more than one thousand dollars, and in addition thereto, shall be liable for a civil penalty of no…

§ 71-1127. Violations; civil liability. 1. Any person who violates any of the provisions of, or who fails to perform any duty imposed by article 15 except section 15-1713, or who violates or who fails to comply with any rule, regulation, determination or order of the department h…

§ 71-1129. Emergencies excepted. The civil liabilities imposed upon persons violating the provisions of article 15, except section 15-1713, shall not be construed to include any violation which was caused by an act of God, war, strike, riot or other catastrophe as to which neglig…

§ 71-1131. Violations; criminal liability. Except as otherwise specifically provided, any person who violates any of the provisions of article 15 of this chapter, or any rule, regulation or order promulgated pursuant thereto, or the terms of any permit issued thereunder shall be …

§ 71-1201. Applicability of title. The provisions of this title shall be applicable to the enforcement of article twenty-two of this chapter.

§ 71-1203. Penalties. Any person who violates the provisions of article twenty-two of this chapter shall be subject to a civil penalty not to exceed ten thousand dollars for each day during which such violation occurred; provided, however, that the total penalty to be imposed sha…

§ 71-1205. Enforcement. 1. The attorney general shall, at the request of the commissioner, or may, on his own initiative, seek equitable relief to restrain any violation or threatened violation of article twenty-two of this chapter. 2. The attorney general shall, at the request o…

§ 71-1207. Rights of aggrieved individuals. The provisions of this title shall not affect, impair or in any manner restrict or limit the rights of any person seeking damages arising out of a violation of article twenty-two of this chapter.

§ 71-1301. Applicability of this title. In addition to the provisions of sections 71-0101 and 71-0301 of this article, the provisions of this title shall be applicable to the enforcement of article 23 of this chapter except as otherwise provided in article 23 of this chapter.

§ 71-1303. Subpoenas, testimony and enforcement thereof. 1. To aid in the administration of article 23, the commissioner or any person designated by him may issue subpoenas in his name requiring the attendance and giving of testimony by witnesses and the production of books, pape…

§ 71-1305. Offenses. It shall be unlawful for any person to: 1. Waste oil or gas. 2. Violate any of the provisions of or fail to perform any duty imposed by article 23 of this chapter or any rule or regulation promulgated thereunder or any order or condition of any permit of the …

§ 71-1307. Sanctions. 1. Administrative sanctions. Any person who violates any provision of article 23 of this chapter or commits any offense described in section 71-1305 of this title shall be liable to the people of the state for a civil penalty not to exceed eight thousand dol…

§ 71-1309. Aiders and abettors. Any person knowingly aiding or abetting any other person in the violation of any provision of article 23, or any rule, regulation, or order of the department made pursuant thereto shall be subject to the same punishment and penalty as that prescrib…

§ 71-1311. Injunction against violations. 1. Whenever it appears that any person is violating or threatening to violate any provision of article 23 of this chapter or is committing any offense described in section 71-1305 of this title, the department, acting by the Attorney Gene…

§ 71-1501. Applicability of this title. In addition to the provisions of sections 71-0101 and 71-0301 of this article, the provisions of this title shall apply to the enforcement of title 25 of article 27 of this chapter.