New York Laws
Title 9 - Enforcement of Articles 11 and 13--the Fish and Wildlife Law
71-0907 - Powers and Duties of Enforcement Officers.

(1) Any net, trap or other device constituting a nuisance as defined
in section 71-0915;
(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
regulation 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;
(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 1 or 2 of section 13-0309. For the
purposes of this paragraph "device" includes a bird, dog, or other
animal used in or as an aid in taking fish or wildlife, 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.
5. To retain custody of and provide for the safekeeping of any thing
seized as provided in paragraph e or f of subdivision 4 of this section,
or deposit it for safekeeping with any police officer, as he deems
appropriate, subject to regulations of the department, or of the
Superintendent of State Police in the case of a member of the state
police, and subject to order of any court having jurisdiction, until
determination of any prosecution, civil or criminal, arising from the
violation or alleged violation with respect to which they are evidence.
6. No officer named in subdivision 1 shall compromise or settle out of
court any civil liability for any violation of the Fish and Wildlife
Law.
7. No person shall fail or refuse to comply with any lawful order or
directive of any conservation officer or other person duly empowered to
enforce all laws of the state relating to fish, wildlife, shellfish,
crustacea, protected insects and game.
8. Notwithstanding section 13-0334 of this chapter to the contrary, a.
where a commercial fishing vessel, lawfully operating under the fishing
permits of another state: (1) encounters or is forecasted to encounter
unsafe weather conditions defined as high winds thirty-five knots or
greater or waves ten feet or higher or ice or other adverse condition
that make the continuation of the voyage unsafe and poses a risk to life
and property, or (2) experiences a mechanical problem, that makes the
continuation of the voyage unsafe and poses a risk to life and property
including compromised hull integrity or pump failures or (3) experiences
a significant medical emergency which requires immediate medical
attention necessary to protect the health of any person on board, or (4)
experiences loss of essential gear such as support systems that renders
the vessel unable to remain at sea said commercial fishing vessel may
dock at a New York port. A sinking vessel or a vessel leaking oil or
fuel may be otherwise directed when the safety of persons is maintained
and the vessel poses a significant threat to the waters of New York. The
commercial fishing vessel may be required by the department to
independently verify the reason for the unscheduled dockage with a
mechanic deemed qualified by New York state, the National Weather
Service or a medical professional, as appropriate. b. The fishing vessel
shall immediately notify the department and the permitting state as soon
as the danger is known and communication signals allow. The commercial

fishing vessel shall provide the department with: (1) details on the
vessel including the vessel captain's name; (2) identity of the
permitting state; (3) the nature of the problem; (4) identity of the
intended docking location, estimated time of arrival, and quantities and
types of fish on board and, (5) a call back phone number or other method
of contact. c. The commercial fishing vessel shall not offload cargo
without the express authorization of and supervision by department
personnel. Authorization to offload fish may be granted where the fish
on board the vessel will become unmarketable due to the duration of the
unscheduled dockage. Authorization may be limited according to the
willingness of the permitting state to accept the fish under that
state's fish allocation.