A01888 Summary:

BILL NO    A01888 

SAME AS    SAME AS UNI. S01595

SPONSOR    Thiele

COSPNSR    

MLTSPNSR   

Amd S71-0907, En Con L

Relates to the powers and duties of enforcement officers.
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A01888 Actions:

BILL NO    A01888 

01/13/2015 referred to environmental conservation
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A01888 Text:

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

           S. 1595                                                  A. 1888

                              2015-2016 Regular Sessions

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

                                   January 13, 2015
                                      ___________

       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:

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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03079-01-5
       S. 1595                             2                            A. 1888

    1    (4)  Any rakes, tongs, dredges, or device other than a boat or vehicle
    2  used, or in possession for purpose of use, for the taking  of  shellfish
    3  in  violation of [subdivisions] SUBDIVISION 1 or 2 of section 13-0309 OF
    4  THIS CHAPTER.  For the purposes of this paragraph  "device"  includes  a
    5  bird,  dog, or other animal used in or as an aid in taking fish or wild-
    6  life, any jack light, spot light or other artificial light other than  a
    7  headlight  attached  in  proper position to a motor vehicle, any hunting
    8  appliance or apparatus and any fishing or netting gear or tackle.   This
    9  paragraph does not limit any power of seizure pursuant to warrant.
   10    (5)  Any  boat or vehicle, when they have probable cause to believe it
   11  has been used for the taking of shellfish in violation of subdivision  2
   12  or  3  of section 13-0309 of this chapter by a person possessing, at the
   13  time of such use, commercial shellfish harvesting gear or  shellfish  in
   14  excess  of  two pecks. For the purposes of this subparagraph "commercial
   15  shellfish harvesting gear" shall mean rakes, tongs,  dredges  and  other
   16  devices commonly used to harvest shellfish for commercial purposes.
   17    S 2. This act shall take effect immediately.
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