§ 71-0703. Penalties.

In order to secure the enforcement of the several sections of article
9 the following fines and civil penalties are provided:

1. Except as otherwise provided in subdivision 4, 5, 6 or 7 of this
section, any person who violates any provision of article 9 or the
rules, regulations or orders promulgated pursuant thereto or the terms
of any permit issued thereunder, or who fails to perform any duty
imposed by any provision thereof shall be guilty of a violation, and,
upon conviction, shall be punished by a fine of not more than two
hundred fifty dollars, or by imprisonment for not more than fifteen
days, or by both such fine and imprisonment, and in addition thereto
shall be liable to a civil penalty of not less than ten nor more than
one hundred dollars.

2. The violation of any of the provisions of the following sections
shall subject the person guilty thereof to the following civil penalties
in addition to the liability prescribed in subdivision 1 of this
section:

a. Section 9-1113 of this chapter, two dollars per tree;

b. Subdivision 3 of section 9-1105 of this chapter, twenty-five
dollars per day;

c. Subdivision 4 of section 9-1105 of this chapter, and subdivision 1
of section 9-1117 of this chapter, ten dollars per mile per day;

d. Section 9-1115 of this chapter, ten dollars per mile;

e. Subdivision 2 of section 9-1117 of this chapter, one hundred
dollars per each offense; and

f. Section 9-1119 of this chapter, one hundred dollars per day per
locomotive.

With respect to the penalty for violation of subdivision 4 of section
9-1105 of this chapter, the owner and every person engaged in such
cutting shall be liable therefor; however, the liability for penalty
shall not arise until the expiration of twenty days after service,
personally or by mail upon the alleged violator at his last known place
of residence of a written notice of failure to comply with the
requirements of subdivision 4 of section 9-1105 of this chapter.

3. Any person who molests, injures, removes, destroys or withholds
supplies or other material maintained for forest fire protection
purposes shall be guilty of a violation and shall be punishable and
liable to a civil penalty as provided in subdivision 1 of this section.

4. Any person who sets fire wilfully in violation of subdivision 1 of
section 9-1105 of this chapter shall be guilty of a felony.

5. In addition to any prosecution as provided under article one
hundred fifty-five of the penal law, any person who violates subdivision
1 of section 9-0303 or section 9-1501 of this chapter except where the
lawful exercise of an easement or right of way on land not owned by the
state is involved shall be guilty of a class A misdemeanor. Upon
conviction, such person shall be sentenced to a fine and/or imprisonment
as provided in the penal law.

6. (a) In addition to any other penalty provided by law, any person
who violates subdivision 1 of section 9-0303 of this chapter shall be
liable to a civil penalty of two hundred fifty dollars per tree or
treble damages, based on the stumpage value of such tree or both. Where
the order or decision finds that the defendant established by clear and
convincing evidence, that when such defendant committed the violation,
he or she had cause to believe that the land was his or her own, or that
he or she had an easement or right of way across such land which
permitted such action, damages shall be awarded on the basis of the
stumpage value of such tree or trees in the market as if they were
privately owned. Notwithstanding the foregoing, this section shall not
be construed to authorize the cutting of timber or removal of trees
where such action would otherwise be violative of any provision of the
state constitution or law.

(b) In addition to any other penalty provided by law, a person who
violates section 9-1501 of this chapter shall be liable for a civil
penalty of two hundred fifty dollars per tree or treble damages or both,
based on the stumpage value of such tree or trees. Where the order or
decision finds that the defendant established by clear and convincing
evidence, that when such defendant committed the violation, he or she
had cause to believe that the land was his or her own or that he or she
had an easement or right of way across such land which permitted such
action, damages shall be awarded on the basis of the stumpage value of
such tree or trees. Notwithstanding the foregoing, this section shall
not be construed to authorize the cutting of timber or removal of trees
where such action would otherwise be violative of any provision of the
state constitution or law.

(c) For purposes of this subdivision, "stumpage value" shall mean the
current fair market value of a tree as it stands prior to the time of
sale, cutting, or removal. Stumpage value shall be determined by one or
more of the following methods: the sale price of the tree in an
arm's-length sale, a review of solicited bids, the stumpage price report
prepared by the department of environmental conservation, comparison
with like sales on trees on state or private lands, or other appropriate
means to assure that a fair market value is established within an
acceptable range based on the appropriate geographic area.

7. In addition to the penalties otherwise provided, any person who
violates any of the provisions of subdivision 1 of section 9-0303 or
section 9-1501 of this chapter may be ordered by the commissioner or the
court to make reparations for any permanent and substantial damage
caused to the land or the improvements thereon as a result of such
violation. Such reparations shall be of such kind, nature and extent as
will reasonably restore the lands affected by the violation to their
condition immediately before the violation and may be made by physical
restoration of such lands and/or by the assessment of a monetary payment
to make such restoration.

8. Any person who violates any provision of any proclamation issued by
the governor pursuant to the provisions of section 9-1101 of this
chapter shall be guilty of a violation and shall be punishable and
liable to a civil penalty as provided in subdivision 1 of this section.

9. a. Any person who transports, sells, imports or introduces invasive
species, in violation of the regulations promulgated pursuant to section
9-1709 of this chapter shall be subject to the following:

For any first violation in lieu of a penalty there may be issued a
written warning by the department and there may also be issued education
materials at the discretion of the department regarding requirements
related to invasive species. Such person shall, however, for any
subsequent violation thereafter be subject to a fine of no less than two
hundred fifty dollars.

b. Any nursery grower licensed pursuant to article fourteen of the
agriculture and markets law, any person who owns or operates a public
vessel as such term is defined in paragraph (a) of subdivision six of
section two of the navigation law, or any person who owns or operates a
commercial fishing vessel who transports, sells, imports or introduces
invasive species in violation of the regulations promulgated pursuant to
section 9-1709 of this chapter, shall be subject to a fine of not less
than six hundred dollars upon the first penalty. Upon the second penalty
such person shall be subject to a fine of not less than two thousand
dollars. Upon a subsequent penalty and after a hearing or opportunity to
be heard upon due notice the following penalties may apply: (i) such
nursery grower may be subject to the revocation procedures of section
one hundred sixty-three-c of the agriculture and markets law (ii) such
person's vessel registration may be suspended or (iii) such person's
fishing permit may be revoked by the department.

10. Any person who violates section 9-1710 of this chapter shall be
guilty of a violation and shall be punishable and liable to a civil
penalty as provided in subdivision one of this section, provided,
however, that for any first violation in lieu of a penalty there shall
be issued a written warning by the department and there shall also be
issued education materials at the discretion of the department regarding
requirements related to invasive species. Such person shall be subject
to a fine of up to one hundred fifty dollars for a second offense, up to
two hundred fifty dollars for a third offense, and no less than two
hundred fifty dollars nor more than one thousand dollars for a fourth or
subsequent offense.