New York Environmental Conservation Code § 71-0909

Forfeitures
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§ 71-0909. Forfeitures.\n  1. If the defendant in any prosecution, civil or criminal, for a\nviolation involving the taking of deer with the aid of an artificial\nlight, is held liable or found guilty, or shall effect a civil\nsettlement of any action or cause of action in favor of the state\narising out of such violation, the defendant's interest in all things\nseized as provided in paragraph f of subdivision 4 of section 71-0907 in\nconnection with such violation shall be declared confiscated by and\nforfeit to the state. Unless a claim of ownership by some other person\nis made to the department within thirty days after the date of seizure\nand is established by order of a court or to the satisfaction of the\ndepartment, all such things shall be disposed of as the department shall\ndirect.\n  2. If the defendant in any prosecution, civil or criminal, for a\nviolation involving the illegal taking, possession, or transportation of\nany fish, shellfish, crustacea, wildlife, game or protected insects, is\nheld liable or found guilty, the ownership and right of possession\nthereof shall be deemed vested or revested in the state for all\npurposes, notwithstanding any claim of the defendant or of any other\nperson to private ownership lawfully acquired prior to the act or\npossession constituting such violation, unless such claim shall be\nestablished or the operation of this subdivision shall be stayed by\norder of a court having jurisdiction of the prosecution or an appeal\ntherefrom, or of the subject matter of the claim, before judgment in\nsuch prosecution is rendered. If any such claim is asserted by or on\nbehalf of any person in the course of any such prosecution, the court in\nwhich the proceedings are had may make such order, or may stay the\njudgment for such time as he deems proper to permit determination of the\nclaim or application for a stay of the operation of this subdivision.\n  3. If the defendant is held liable or found guilty in any prosecution,\ncivil or criminal, for a violation involving: a. the illegal use of a\nnet or other device, other than a boat, vehicle, aircraft or firearm,\nthe use of which is prohibited under any and all circumstances for\ntaking the species for which it was used in the violation involved, or\nis so prohibited except in accordance with a permit issued by the\ndepartment or; b. possession of nets in any case where such possession\nis prohibited by section 11-1517 or subdivision 16 of section 13-0343,\nor if the defendant shall effect a civil settlement of any action or\ncause of action in favor of the state arising out of such violation, the\ndefendant's interest in the device shall be forfeited to the state.\nUnless a claim of ownership of such device shall be made to the\ndepartment by some other person within thirty days thereafter, and shall\nbe established by order of a court or to the satisfaction of the\ndepartment, such device shall be disposed of as the department shall\ndirect.\n  4. If the defendant is held liable or found guilty in any prosecution,\ncivil or criminal, of the taking of shellfish in violation of\nsubdivisions 1 or 2 of section 13-0309 or if the defendant shall effect\na civil compromise of any action or cause of action in favor of the\nstate arising out of such violation, the defendant's interest in any and\nall rakes, tongs, dredges or devices other than a boat or vehicle, used\nfor the purpose of taking shellfish in violation of such provisions\nshall be forfeited to the state. Unless a claim of ownership of such\ndevice shall be made to the department by some other person within\nthirty days thereafter, and shall be established by order of a court or\nto the satisfaction of the department, such device shall be disposed of\nas the department shall direct.\n  4-a. In addition to any other penalties imposed by this chapter, the\nviolation of subdivision 2 or 3 of section 13-0309 of this chapter shall\nbe punishable by forfeiture of any boat or vehicle emp

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