§ 71-0921. Misdemeanors.

The following acts are misdemeanors, punishable as herein provided,
when they are done in violation of the section or subdivision thereof
specified, or if no section is specified, in violation of any section of
the Fish and Wildlife Law:

1. (a) The illegal taking of big game prior to the first day of the
open season or after the last day of the open season in the county or
part thereof where taken, or the taking of big game with aid of an
artificial light. Each such misdemeanor for a violation of this
paragraph shall be punishable by imprisonment for not more than one year
or by a fine of not less than five hundred dollars nor more than three
thousand dollars, or by both such imprisonment and fine.

(b) Any illegal taking of a deer, other than a taking described in
paragraph (a) of this subdivision, such misdemeanor shall be punishable
by imprisonment for not more than one year or by a fine of not less than
two hundred fifty dollars nor more than two thousand dollars, or by both
such imprisonment and fine.

2. The illegal taking of a bear less than one year old or the taking
of a bear by a means or method not permitted by this chapter. Such
misdemeanor shall be punishable by imprisonment for not more than one
year or by a fine of not more than two thousand dollars, or by both such
imprisonment and fine. The sale of bear gallbladder/bile in violation of
paragraph b of subdivision nine of section 11-0917 of this chapter shall
be punishable by a fine of five thousand dollars per violation.

3. Possession, use or discharge of a firearm in violation of
subdivision 1, 2, 4, 5, or 6 of section 11-0931 of this chapter. Each
such misdemeanor shall be punishable by imprisonment for not more than
three months or by a fine of not less than two hundred dollars nor more
than one thousand dollars, or by both such imprisonment and fine.

4. a. Violations of:

(1) subdivision one of section 13-0309 of this chapter involving the
taking of shellfish from uncertified shellfish lands, or the possession,
transportation, sale or trafficking in shellfish so taken;

(2) subdivision two of section 13-0309 of this chapter involving the
taking of shellfish between sunset and sunrise;

(3) subdivision ten of section 13-0309 of this chapter involving the
possession of a stick dredge after one prior conviction under such
subdivision for such activity;

(4) subdivision one of section 13-0311 of this chapter involving the
taking of shellfish without the required digger's permit;

(5) subdivision seven of section 13-0311 of this chapter involving the
taking of shellfish while one's digger's permit is suspended or revoked;

(6) subdivision one of section 13-0315 of this chapter involving the
processing, transportation, shipment or sale of shellfish without the
required shipper's or processor's permit;

(7) regulations promulgated by the department pursuant to section
13-0319 of this chapter involving the failure to tag or seal shellfish
or the falsifying of any information required on any tag or seal
required by said regulations;

(8) subdivision five of section 13-0325 of this chapter, regarding the
taking of undersized clams, where the taking involves more than
twenty-four percentum of clams of less than legal size;

(9) regulations promulgated by the department pursuant to section
13-0327 of this chapter, regarding the taking of undersized scallops,
where the taking involves more than twenty-four percentum of scallops of
less than legal size; and

(10) section 13-0344 of this chapter involving the dumping of objects
into the water after being signaled by a police officer or peace officer
to stop for inspection.

b. Each such misdemeanor identified in paragraph a of this subdivision
shall be punishable as follows:

(1) For a first conviction for any of the violations listed in
paragraph a of this subdivision, by imprisonment for not more than sixty
days, a fine of not less than two hundred fifty dollars nor more than
one thousand dollars plus, if applicable, an amount equal to the market
value of the shellfish involved in the violation, or by both such
imprisonment and fine.

(2) For a second conviction for any of the violations listed in
paragraph a of this subdivision, by imprisonment for not more than
ninety days, a fine of not less than five hundred dollars nor more than
twenty-five hundred dollars plus, if applicable, an amount equal to
three times the market value of the shellfish involved in the violation,
or by both such imprisonment and fine.

(3) For a third or subsequent conviction for any of the violations
listed in paragraph a of this subdivision, by imprisonment for not more
than one hundred eighty days, a fine of not less than one thousand
dollars nor more than ten thousand dollars plus, if applicable, an
amount equal to three times the market value of the shellfish involved
in the violation, or by both such imprisonment and fine.

(4) Provided, further, that all equipment or conveyances used to
harvest, transport or traffic in such illegal shellfish may be forfeited
for any third or subsequent conviction of the above violations, in
addition to such penalties or imprisonment. Such forfeiture shall be in
addition to any forfeiture authorized by section 71-0909 of this
article.

5. a. Violations of:

(1) subdivision three of section 13-0309 of this chapter involving the
illegal use of dredges, scrapes or other devices operated by power or by
boats propelled by motor or other mechanical means for the purpose of
taking shellfish;

(2) subdivision eight of section 13-0309 of this chapter involving the
operation, use or placing, for whatever purpose, of dredges, rakes,
tongs or other devices for the taking of shellfish in uncertified
shellfish lands after a prior conviction under such subdivision for such
activity;

(3) subdivision nine of section 13-0309 of this chapter involving the
altering, damaging, mutilating, moving or carrying away of buoys or
markers used to designate the uncertified waters of the state;

(4) subdivision five of section 13-0325 of this chapter regarding the
taking of undersized clams, where the taking involves between ten and
twenty-four percentum of clams of less than legal size; and

(5) regulations promulgated by the department pursuant to section
13-0327 of this chapter, regarding the taking of undersized scallops,
where the taking involves between ten and twenty-four percentum of
scallops of less than legal size.

b. Each such misdemeanor identified in paragraph a of this subdivision
shall be punishable as follows:

(1) For a first conviction of any of the violations listed in
paragraph a of this subdivision, by imprisonment for not more than
thirty days, a fine of not less than two hundred fifty dollars nor more
than five hundred dollars plus, if applicable, an amount equal to the
market value of the shellfish involved in the violation, or by both such
imprisonment and fine.

(2) For a second conviction for any of the violations listed in
paragraph a of this subdivision, by imprisonment not to exceed sixty
days, a fine of not less than five hundred dollars nor more than one
thousand dollars plus, if applicable, an amount equal to the market
value of the shellfish involved in the violation, or by both such
imprisonment and fine.

(3) For a third or subsequent conviction for any of the violations
listed in paragraph a of this subdivision, by imprisonment for not more
than one hundred eighty days, a fine of not less than one thousand
dollars nor more than five thousand dollars plus, if applicable, an
amount equal to the market value of the shellfish involved in the
violation, or by both such imprisonment and fine.

6. Violations of paragraph b of subdivision 3 or subdivision 5 or 12
of section 13-0329 of this chapter. Each such misdemeanor shall be
punishable by imprisonment for not more than one year or by a fine of
not less than five hundred dollars nor more than two thousand dollars,
or by both such imprisonment and fine.

7. Violations of subdivision 7 or 11 of section 13-0329 of this
chapter. Each such misdemeanor shall be punishable by imprisonment for
not more than ninety days or by a fine of not less than five hundred
dollars nor more than one thousand dollars, or by both such imprisonment
and fine.

8. Making a false statement in applying for a license, privilege or
permit under the Fish and Wildlife Law, or for a certificate in lieu of
a lost license or privilege or a duplicate hunting license tag under
title 7 of article 11 of this chapter. Each such misdemeanor shall be
punishable by imprisonment for not more than three months, or by a fine
of not more than two hundred dollars, or by both such imprisonment and
fine. In addition, the department may immediately revoke the license,
privilege, permit or certificate for which application was made for the
remainder of its effective term.

9. Failure to give the department the prompt notification required
under subdivision 10 of section 13-0301 of this chapter, when the
specified buoys or markers are destroyed. Each such misdemeanor shall be
punishable by imprisonment for not more than one year or by a fine of
not more than one thousand dollars, or by both such imprisonment and
fine.

10. Violation of subdivision 10 of section 11-0901 involving the
illegal taking of a moose. Each such misdemeanor shall be punishable by
imprisonment for not more than one year or by a fine of not more than
two thousand dollars, or by both such imprisonment and fine.

10-a. Violations of subdivision fourteen of section 11-0901 of this
chapter involving unlawful contests, competitions, tournaments and
derbys to take wildlife. Each such violation shall be punishable by a
fine of not less than five hundred dollars nor more than two thousand
dollars.

11. Any person who violates the provisions of section 11-0537 of this
chapter, in the case of a first violation, shall be guilty of a class B
misdemeanor and, upon conviction thereof, shall be punished by a fine
not to exceed five thousand dollars or by imprisonment not to exceed
ninety days, or both; provided that in the case of a second or
subsequent violation such person shall be guilty of a class A
misdemeanor and, upon conviction thereof, shall be punished by a fine
not to exceed ten thousand dollars or imprisonment not to exceed one
year, or both; provided, further, that the commission of each taking or
other act prohibited by section 11-0537 of this chapter with respect to
a bald or golden eagle shall constitute a separate violation of this
section; provided, further, that one-half of any such fine, but not to
exceed two thousand five hundred dollars, shall be paid to the person or
persons giving information which leads to conviction.

12. Any violation of section 13-0344 of this chapter is punishable by
imprisonment for not more than thirty days, or by a fine of not less
than two hundred fifty dollars nor more than one thousand dollars, or by
both such fine and imprisonment.

13. Violations of subdivision one or two of section 11-1904 of this
chapter. Each such misdemeanor shall be punishable by a fine of not more
than two thousand five hundred dollars, or by imprisonment for not more
than one year, or by both such fine and imprisonment; except that where
the person convicted of violating such subdivision has gained money or
property through the commission of the violation, in lieu of the two
thousand five hundred dollar maximum fine provided for herein, the court
may impose a fine in accordance with the provisions of subdivision five
of section 80.05 of the penal law.

14. Violation of subparagraph one, two or four of paragraph b of
subdivision one of section 11-0719 of this chapter involving the
revocation and suspension of hunting, trapping, or fishing licenses.
Each such misdemeanor shall be punishable by imprisonment for not more
than ninety days, or by a fine of not less than five hundred dollars nor
more than one thousand dollars, or by both such imprisonment and fine.