S T A T E   O F   N E W   Y O R K
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    S. 3060                                                  A. 3889

                       2013-2014 Regular Sessions

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

                            January 29, 2013
                               ___________

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, LOSQUADRO -- 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:

  Section  1.  Paragraphs e and f of subdivision 4 of section 71-0907 of
the environmental conservation law, subparagraph 5  of  paragraph  f  as
added  by  chapter  366  of  the  laws  of  1981, are amended to read as
follows:
  e. To seize as evidence [without warrant] any fish, shellfish, crusta-
cea, wildlife, game, or parts thereof, protected insects or plumage  [as
defined  in  section 11-1729,] whenever they have cause to believe it is
possessed or transported in violation of law, or it  bears  evidence  of
illegal  taking,  or  it is possessed or transported under circumstances
making the possession or transportation presumptive evidence of  illegal
taking;
  f. To seize as evidence [without warrant]
  (1)  Any  net, trap or other device constituting a nuisance as defined
in section 71-0915 OF THIS TITLE;
  (2) Any net, trap or device other than a boat, a vehicle, or  aircraft
or  a firearm when they have cause to believe that its possession or use
is in violation of any provision of the Fish and Wildlife Law  or  regu-
lation pursuant thereto;
  (3) Any firearm, when they have cause to believe that it has been used
in  a  violation of the Fish and Wildlife Law constituting a misdemeanor
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.
                                                           LBD03502-01-3
              

S. 3060                             2                            A. 3889

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