New York Environmental Conservation Code § 71-0907

Powers and duties of enforcement officers
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§ 71-0907. Powers and duties of enforcement officers.\n  1. All officers and employees, designated by the commissioner, and all\npeace officers, when acting pursuant to their special duties and all\npolice officers, shall enforce all laws of the state relating to fish,\nwildlife, shellfish, crustacea, protected insects and game. Such\nofficers may include conservation officers, regional and assistant\nregional conservation officers, special game protectors, inspectors of\nthe office of parks and recreation, bay constables, and forest rangers.\n  2. All police officers, and all peace officers, when acting pursuant\nto their special duties, and all officers and employees of the\ndepartment, as may be designated by the commissioner, shall enforce the\nprovisions of title 21 of article 11 of the Fish and Wildlife Law, and\nthe provisions of article 71 applicable thereto, except that the\ndepartment and its enforcement officers are not obligated to enforce the\nprovisions of section 11-2113 prohibiting trespass upon lands privately\nowned, other than licensed game preserves and shooting preserves, unless\nthe trespass committed consists of (a) hunting, fishing or trapping or\ndisturbing wildlife; or (b) cutting, pulling or digging of trees; or (c)\nthe removal of trees.\n  3. The officers named in subdivision 1 shall enforce the provisions of\nthis chapter listed in section 71-0501 or under titles 5 through 15\ninclusive and title 33 of this article or of judgments obtained for\nviolation thereof, and shall have, particularly, the powers stated in\nsubdivision 4. Peace officers shall have the same powers as conservation\nofficers, and state police under the Fish and Wildlife Law, except the\npower to search without warrant.\n  4. Officers named in subdivision 1 shall have power:\n  a. To execute all warrants and search warrants issued for violation of\nthe Fish and Wildlife Law and to serve subpoenas issued for examination,\ninvestigation or trial of offenses against any of its provisions;\n  b. To search without search warrant any boat or vehicle of any kind,\nany box, locker, basket, creel, crate, game bag, package or any\ncontainer of any nature and the contents of any building other than a\ndwelling whenever they have cause to believe that any provision of this\narticle or of any law for the protection of fish, shellfish, crustacea,\nwildlife, game or protected insects has been or is being violated, and\nto use such force as may be necessary for the purpose of examination and\nsearch;\n  c. To search any dwelling and its contents, provided they have a\nsearch warrant to do so;\n  d. To arrest without warrant any person committing in their presence a\nmisdemeanor under the provisions of this chapter listed in section\n71-0501 or under titles 5 through 15 inclusive and title 33 of this\narticle and to take such person immediately before a magistrate having\njurisdiction for trial;\n  e. To seize as evidence without warrant any fish, shellfish,\ncrustacea, wildlife, game, or parts thereof, protected insects or\nplumage as defined in section 11-1729, whenever they have cause to\nbelieve it is possessed or transported in violation of law, or it bears\nevidence of illegal taking, or it is possessed or transported under\ncircumstances making the possession or transportation presumptive\nevidence of illegal taking;\n  f. To seize as evidence without warrant\n  (1) Any net, trap or other device constituting a nuisance as defined\nin section 71-0915;\n  (2) Any net, trap or device other than a boat, a vehicle, or aircraft\nor a firearm when they have cause to believe that its possession or use\nis in violation of any provision of the Fish and Wildlife Law or\nregulation pursuant thereto;\n  (3) Any firearm, when they have cause to believe that it has been used\nin a violation of the Fish and Wildlife Law constituting a misdemeanor\ninvolving the illegal taking or attempting to take wild deer;\n  (4) Any rakes, tongs, dredges, or device o

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