STATE OF NEW YORK
________________________________________________________________________
S. 6876 A. 9751
SENATE - ASSEMBLY
April 2, 2012
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IN SENATE -- Introduced by Sens. LAVALLE, ZELDIN -- read twice and
ordered printed, 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;
22 (4) Any rakes, tongs, dredges, or device other than a boat or vehicle
23 used, or in possession for purpose of use, for the taking of shellfish
24 in violation of [subdivisions] subdivision 1 or 2 of section 13-0309 of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15147-02-2
S. 6876 2 A. 9751
1 this chapter. For the purposes of this paragraph "device" includes a
2 bird, dog, or other animal used in or as an aid in taking fish or wild-
3 life, any jack light, spot light or other artificial light other than a
4 headlight attached in proper position to a motor vehicle, any hunting
5 appliance or apparatus and any fishing or netting gear or tackle. This
6 paragraph does not limit any power of seizure pursuant to warrant.
7 (5) Any boat or vehicle, when they have probable cause to believe it
8 has been used for the taking of shellfish in violation of subdivision 2
9 or 3 of section 13-0309 of this chapter by a person possessing, at the
10 time of such use, commercial shellfish harvesting gear or shellfish in
11 excess of two pecks. For the purposes of this subparagraph "commercial
12 shellfish harvesting gear" shall mean rakes, tongs, dredges and other
13 devices commonly used to harvest shellfish for commercial purposes.
14 § 2. This act shall take effect immediately.
