2006 New York Code - Powers And Duties Of Enforcement Officers.

 
  § 71-0907. Powers and duties of enforcement officers.
    1. All officers and employees, designated by the commissioner, and all
  peace  officers,  when  acting  pursuant to their special duties and all
  police officers, shall enforce all laws of the state relating  to  fish,
  wildlife,   shellfish,  crustacea,  protected  insects  and  game.  Such
  officers may  include  conservation  officers,  regional  and  assistant
  regional  conservation  officers, special game protectors, inspectors of
  the office of parks and recreation, bay constables, and forest rangers.
    2. All police officers, and all peace officers, when  acting  pursuant
  to  their  special  duties,  and  all  officers  and  employees  of  the
  department, as may be designated by the commissioner, shall enforce  the
  provisions  of  title 21 of article 11 of the Fish and Wildlife Law, and
  the provisions  of  article  71  applicable  thereto,  except  that  the
  department and its enforcement officers are not obligated to enforce the
  provisions  of section 11-2113 prohibiting trespass upon lands privately
  owned, other than licensed game preserves and shooting preserves, unless
  the trespass committed consists of (a) hunting, fishing or  trapping  or
  disturbing wildlife; or (b) cutting, pulling or digging of trees; or (c)
  the removal of trees.
    3. The officers named in subdivision 1 shall enforce the provisions of
  this  chapter  listed  in  section  71-0501 or under titles 5 through 15
  inclusive and title 33 of this article  or  of  judgments  obtained  for
  violation  thereof,  and  shall have, particularly, the powers stated in
  subdivision 4. Peace officers shall have the same powers as conservation
  officers, and state police under the Fish and Wildlife Law,  except  the
  power to search without warrant.
    4. Officers named in subdivision 1 shall have power:
    a. To execute all warrants and search warrants issued for violation of
  the Fish and Wildlife Law and to serve subpoenas issued for examination,
  investigation or trial of offenses against any of its provisions;
    b.  To  search without search warrant any boat or vehicle of any kind,
  any box,  locker,  basket,  creel,  crate,  game  bag,  package  or  any
  container  of  any  nature and the contents of any building other than a
  dwelling whenever they have cause to believe that any provision of  this
  article  or of any law for the protection of fish, shellfish, crustacea,
  wildlife, game or protected insects has been or is being  violated,  and
  to use such force as may be necessary for the purpose of examination and
  search;
    c.  To  search  any  dwelling  and  its contents, provided they have a
  search warrant to do so;
    d. To arrest without warrant any person committing in their presence a
  misdemeanor under the provisions  of  this  chapter  listed  in  section
  71-0501  or  under  titles  5  through 15 inclusive and title 33 of this
  article and to take such person immediately before a  magistrate  having
  jurisdiction for trial;
    e.   To  seize  as  evidence  without  warrant  any  fish,  shellfish,
  crustacea, 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;
    (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.