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.\n 1. All police officers and peace officers, when acting pursuant to\ntheir special duties, shall have the power to arrest without warrant any\nperson committing an offense under the provisions of article 9 and may\ntake such persons immediately before a m…

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

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

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

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

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

§ 71-0715. Rules of evidence applicable to forest fire cases.\n 1. Prima facie cause on railroad right of way. The fact that a fire\noriginates upon the right of way of a railroad shall be prima facie\nevidence that the fire was caused by the negligence of the railroad\ncompany.\…

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

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

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

§ 71-0907. Powers and duties of enforcement officers.\n 1. All officers and employees, designated by the commissioner, and all\npeace officers, when acting pursuant to their special duties and all\npolice officers, shall enforce all laws of the state relating to fish,\nwildlife, …

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

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

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

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

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

§ 71-0919. Punishment of violations of Fish and Wildlife Law.\n 1. Any person who violates any provision of the Fish and Wildlife Law\nor any lawful order, rule or regulation of the department promulgated\npursuant thereto or the terms of any permit issued thereunder, and any\npe…

§ 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.\n 1. Any offense specified in section 71-0919 of this article, unless\nmade a misdemeanor by section 71-0921 of this article or another\nprovision of such chapter, shall be a violation, punishable, except as\notherwise provided in this section, by imprisonm…

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

§ 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.\n In addition to the provisions of sections 71-0101 and 71-0301 and\ntitle 5 of this article, the provisions of this title shall be\napplicable to the enforcement of article 15.\n

§ 71-1103. Power to sue.\n The department may bring actions, suits or proceedings as in its\njudgment may be necessary and proper to enable it to perform any of the\nduties imposed upon it by the provisions of article 15 except section\n15-1713 thereof as amended or to prevent th…

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

§ 71-1107. Punishment for violations of title 5 of article 15.\n 1. A violation of section 15-0501, 15-0503 or 15-0505, shall\nconstitute a misdemeanor, punishable by a fine of not to exceed ten\nthousand dollars, or by imprisonment not to exceed one year or by both\nsuch fine an…

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

§ 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.\n 1. The attorney general, on his own initiative or at the request of\nthe commissioner, or the corporation counsel, at the request of the city\nof New York shall bring an action to restrain or enjoin any violation of\nany…

§ 71-1113. Enforcement of sections 15-1505 and 15-1506.\n 1. The department shall enforce the provisions of sections 15-1505 and\n15-1506 of this chapter and the Supreme Court by injunction may upon\napplication of the department prevent any unauthorized diversion or\ntransportat…

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

§ 71-1117. Enforcement of section 15-1745.\n 1. Any person or public corporation violating subdivision 1 of section\n15-1745, shall be guilty of a violation punishable by a fine of not more\nthan five thousand dollars.\n 2. In addition, the department may, in an action instituted…

§ 71-1121. Enforcement of subdivision 2 of section 15-1947.\n Violation of subdivision 2 of section 15-1947 shall constitute a\nviolation, punishable by a fine of not more than one thousand dollars,\nand in addition thereto, a civil penalty of not more than fifteen\nhundred dolla…

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

§ 71-1125. Enforcement of section 15-2315.\n Any person who violates the provisions of the first sentence of\nsection 15-2315 shall be guilty of a violation punishable by a fine of\nnot more than one thousand dollars, and in addition thereto, shall be\nliable for a civil penalty …

§ 71-1127. Violations; civil liability.\n 1. Any person who violates any of the provisions of, or who fails to\nperform any duty imposed by article 15 except section 15-1713, or who\nviolates or who fails to comply with any rule, regulation, determination\nor order of the departm…

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

§ 71-1131. Violations; criminal liability.\n Except as otherwise specifically provided, any person who violates any\nof the provisions of article 15 of this chapter, or any rule, regulation\nor order promulgated pursuant thereto, or the terms of any permit issued\nthereunder shal…

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

§ 71-1203. Penalties.\n Any person who violates the provisions of article twenty-two of this\nchapter shall be subject to a civil penalty not to exceed ten thousand\ndollars for each day during which such violation occurred; provided,\nhowever, that the total penalty to be impose…

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

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

§ 71-1301. Applicability of this title.\n In addition to the provisions of sections 71-0101 and 71-0301 of this\narticle, the provisions of this title shall be applicable to the\nenforcement of article 23 of this chapter except as otherwise provided\nin article 23 of this chapter…

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

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

§ 71-1307. Sanctions.\n 1. Administrative sanctions. Any person who violates any provision of\narticle 23 of this chapter or commits any offense described in section\n71-1305 of this title shall be liable to the people of the state for a\ncivil penalty not to exceed eight thousan…

§ 71-1309. Aiders and abettors.\n Any person knowingly aiding or abetting any other person in the\nviolation of any provision of article 23, or any rule, regulation, or\norder of the department made pursuant thereto shall be subject to the\nsame punishment and penalty as that pre…

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

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