Game and Forests New York (State). Commissioners of Fisheries.

Annual report of the Commissioners of Fisheries, Game and Forests of the ... online

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killed, the date of killing and amount of bounty to which the person is entitled.

County Treasurer to Pay Certificate.

§ 55. The county treasurer to whom such certificate is directed shall pay the amount of
bounty specified in said certificate to the person holding the same, out of the funds of the
county, and on the presentation of said certificate to the comptroller, he shall allow the amount
thereof to the county by which it was paid in settlement of taxes due therefrom.

§ 2. Article four of chapter four hundred and eighty-eight of the laws of eighteen hundred
and ninety-two is hereby amended to read as follows :



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FISHERIES, GAME AND FOREST LAW. 285

ARTICLE IV.
Birds.
Section 70. Wild fowl ; close season.

7 1 . Manner of killing.

72. Quail; close season.

73. Quail; when not to be possessed.

74. Woodcock and grouse ; close season.

75. Woodcock and grouse; when not to be possessed.

76. Woodcock and grouse ; when not to be transported.

77. Plover and other birds: close season.

78. Certain wild birds protected.

79. Meadow larks ; close season.

80. Destroying or robbing nests.

81. Snaring, netting or trapping certain game birds forbidden.

82. Mongolian ring-necked pheasant.

S^. Authority to collect birds, et cetera, for scientific purposes.

84. Steps to be taken to procure certificate.

85. Time for which certificates shall be in force.

Wild Fowl ; Close Season.

§ 70. Web-footed wild fowl, except geese and brant, shall not be pursued, shot at, hunted,
killed, possessed or sold between the last day of April and the first day of September, and shall
not be pursued, shot at, hunted or killed, except during the hours in each day commencing one
hour before sunrise and terminating one hour after sunset. On the Hudson river below the dam
at Troy, boats propelled by hand may be used for the purpose of shooting web-footed fowl.
The provisions of this section shall not apply to Long Island and Long Island sound. Whoever
shall violate or attempt to violate the provisions of this section shall be deemed guilty of misde-
meanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird
killed, trapped or possessed contrary to the provisions of this section.

Manner of Killing.

§ 71. Web-footed wild fowl shall not be pursued, shot at, hunted, killed or caught in any way,
save with gun raised at arm's length and fired from the shoulder without other rest ; nor from
any boat other than a boat propelled by hand or floating device ; nor by the use of any bough-
house at a greater distance than fifty feet from either the shore or a natural growth of grass or
flags. Such fowls caught or killed in any manner prohibited by this section shall not be brought
to the shore, sold or possessed. The provisions of this section shall not apply to Long Island and
Long Island sound. Whoever shall violate or attempt to violate the provisions of this section shall
be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of twenty-
five dollars for each bird killed, trapped or possessed contrary to the provisions of this section.



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286 STATE OF NEW YORK.

Quail ; Close Season.

§ 72. Quail shall not be pursued, shot at, hunted or killed, except during the months of
November and December. Whoever shall violate or attempt to violate the provisions of this
section shall be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty
of twenty-five dollars for each bird killed, trapped or possessed contrary to the provisions of this
section.

Quail ; When Not to be Possessed.

§ 73* Quail shall not be sold or possessed except during the months of November, Decem-
ber and January, but possession thereof during the month of January is forbidden and shall be
deemed a violation of this section unless it be proved by the possessor that said birds were killed
within the lawful periods for killing the same, or outside the State, and they shall not be killed or
possessed in the counties of Genesee, Wyoming, Orleans, Livingston, Monroe, Cayuga, Seneca,
Wayne, Tompkins, Tioga, Onondaga, Ontario, Steuben, Cortland and Otsego, prior to the first
day of November, eighteen hundred and ninety-eight. The provisions of this section shall not
apply to Robbings Island and Gardiner's Island. Whoever shall violate or attempt to violate the
provisions of this section shall be deemed guilty of misdemeanor, and in addition thereto shall
be liable to a penalty of twenty-five dollars for each bird killed, trapped or possessed contrary
to the provisions of this section.

Woodcock and Grouse ; Close Season.

§ 74. Woodcock, ruffed grouse, commonly known as partridge, or any member of the grouse
family, shall not be pursued, shot at, hunted or killed except from the sixteenth day of August to
the thirty-first day of December, both inclusive. The provisions of this section shall not apply
to Long Island. Whoever shall violate or attempt to violate the provisions of this section shall
be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of twenty-
five dollars for each bird killed, trapped, or possessed contrary to the provisions of this section.

Woodcock and Grouse ; When Not to be Possessed.

§ 7 5. Woodcock, ruffed grouse, commonly known as partridge, or any member of the grouse
family, shall not be sold or possessed except from the sixteenth day of August to the thirty-first
day of January following, both inclusive, and possession or sale thereof during the month of
January is forbidden and shall be deemed a violation of this section, unless it be proved by the
possessor or seller that said birds were killed within the lawful period for killing the same, or out
of the State. The provisions of this section shall not apply to Long Island. Whoever shall
violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor,
and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird killed,
trapped or possessed contrary to the provisions of this section.



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FISHERIES, GAME AND FOREST LAW. 287

Woodcock, Quail and Grouse ; When Not to be Transported.

§ 76. Woodcock, ruffed grouse, commonly known as partridge, or any member of the grouse
family, or quail killed in this State, shall not be transported to any point within or without this
State, from or through any of the counties thereof, or possessed for that purpose, except that
such birds may be transported from the county where killed, when accompanied by the owner
thereof. Possession of the birds named by a common carrier, or by any person in its employ
then actually engaged in the business of such common carrier unaccompanied by the owner, shall
constitute a violation of this section by such common carrier. Whoever shall violate or attempt
to violate the provisions of this section shall be deemed guilty of misdemeanor, and in addition
thereto shall be liable to a penalty of twenty-five dollars for each bird killed, trapped, snared or
possessed contrary to the provisions of this section.

Plover and Other Birds; Close Season.

§ 77. Wilsons, commonly known as English snipe, plover, rail, mud-hen, gallinule grebe,
bittern, surf-bird, curlew, water chicken, bay snipe, or shore bird shall not be shot at, hunted,
killed or possessed during the months of May, June, July and August. The provisions of this
section shall not apply to Long Island. Whoever shall violate or attempt to violate, the
provisions of this section shall be deemed guilty of misdemeanor, and in addition thereto shall
be liable to a penalty of twenty-five dollars for each bird killed, trapped or possessed contrary to
the provisions of this section.

Certain Wild Birds Protected.

§ 78. Wild birds shall not be killed or caught at any time, or possessed after the same are
dead. This provision does not affect any birds the killing of which is prohibited between certain
dates by the provisions of this act, nor does it protect the English sparrow, crow, hawk, crane,
raven, crow blackbird, common blackbird and kingfisher ; and it does not apply to any person
holding a certificate under the provisions of this act. Whoever shall violate or attempt to violate
the provisions of this section shall be deemed guilty of misdemeanor, and in addition thereto shall
be liable to a penalty of twenty-five dollars for each bird killed, trapped or possessed contrary to
the provisions of this section.

Meadow Larks ; Close Season.

§ 79. Meadow larks shall not be shot at, killed or possessed after they are dead, at any time.

Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty

>f nisdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for

each bird killed, trapped or possessed contrary to the provisions of this section. The provisions

of this section shall not apply to Long Island.



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288 STATE OF NEW YORK.

Destroying or Robbing Nests.

§ So. The nests of wild birds shall not be robbed or willfully or needlessly destroyed unless
when necessary to protect buildings or prevent their defacement. This section does not apply
to the English sparrow, hawk, crane, crow, raven, crow blackbird and common blackbird or
kingfisher. Whoever shall violate or attempt to violate the provisions of this section shall be
deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of twenty-
five dollars for each nest robbed or destroyed contrary to the provisions of this section.

Snaring, Netting or Trapping Certain Game Birds Forbidden.

§ 8i. English pheasants, ruffed grouse, commonly known as partridge, or any member of
the grouse family, or quail, shall not be trapped, netted or snared, nor shall any person possess
any of said birds so taken, nor shall any net, trap or snare of any kind commonly used for taking
ruffed grouse, or any member of the grouse family, or quail, be set. Any such net, trap or snare
is declared to be a pubHc nuisance and may be abated and summarily destroyed. Whoever shall
violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor,
and in addition thereto shall be liable to a penalty of twenty -five dollars for each bird killed,
trapped, snared or possessed contrary to the provisions of this section.

Mongolian Ring-necked Pheasant.

§ 82. No person shall kill, expose for sale or have in his or her possession after the same has
been killed, any wild Mongolian ring-necked pheasant (phasius torquatus) prior to the year
nineteen hundred. Whoever shall violate or attempt to violate the provisions of this section shall
be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of twenty-
five dollars for each bird killed, trapped, snared or possessed contrary to the provisions of this
section. The provisions of this section shall not apply to the county of Suffolk.

(As amd. by chap. 180 of Laws of 1896.)

Authority to Collect Birds, Et Cetera, for Scientific Purposes.

§ 83. Certificates may be granted by any incorporated society of natural history in the state
or by the regents of the university of the state of New York, through such persons or officers as
said society may designate, to any properly accredited person of the age of eighteen years or
upwards, permitting the holder thereof to collect birds, their nests, or eggs for strictly scientific
purposes only. In order to obtain such certificate the applicant for the same must present to the
person or persons having the power to grant said certificates written testimonials from two well-
known scientific men, certifying to the good character and fitness of said applicant to be intrusted
with such privilege.

Steps to be Taken to Procure Certificates.

§ 84. Such person except officers of the New York State Museum, must pay to said persons
or officers one dollar to defray necessary expenses attending the granting of such certificate, and



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FISHERIES, GAME AND FOREST LAW. 289

must file with said persons or officers a properly executed bond in the sum of two huncjred
dollars, signed by two responsible citizens of the state as sureties. This bond shall be forfeited
to the state and the certificate become void upon proof that the holder of such certificate has
killed any bird or taken the nest of eggs of any bird for other than the purposes above mentioned.

Time for which Certificates shall be in Force.

§ 85. Such certificates shall be in force for one year only from the date of their issue and shall
not be transferable.

§ 3. Article fi"e of chapter four hundred and eighty-eight of the laws of eighteen hundred
and ninety-two, is hereby amended to read as follows :

ARTICLE V.

Fish,
Section 100. Polluting streams.

1 01. Taking fish by drawing off water forbidden.

102. Unlawful devices and explosives prohibited.

103. Waters not to be stocked from streams.

1 04. Fishing through the ice in waters inhabited by trout, et cetera, forbidden.

105. Trout; close season.

106. Trout not to be taken unless six inches in length.

107. Trout, et cetera, not to be disturbed while spawning.

108. Salmon trout and land-locked salmon ; close season.

109. Certain fish not to be transported.

no. Black bass and Oswego bass, pickerel and wall-eyed pike in Saint Lawrence
river; close season.

111. Bass not to be taken less than eight inches in length.

112. Muskallonge; close season.

113. Salmon; close season.

114. Salmon not to betaken less than eighteen inches in length.

117. Sign-boards near fish ways.

1 18. Fishing near fish ways prohibited.

121. Salt-water striped bass.

122. Striped bass; close season.

Polluting Streams.

§ 100. No dyestuff, coal tar, refuse from gas houses, sawdust, shavings, tanbark, lime or
other deleterious or poisonous substances shall be thrown or allowed to run into any of the
waters of this State, either private or public, in quantities destructive to the life of fish inhabiting
the same. Whoever shall violate or attempt to violate the provisions of this section shall be
deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of one
hundred dollars for each violation thereof.



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290 STATE OK NEW YORK.

Taking Fish by Drawing Off Water and by Other Devices Forbidden -, Exception.

§ loi. No fish shall be taken by shutting or drawing off water for that purpose; provided,
however, that the commissioners of fisheries, game and forest may give permission to persons
owning or in charge of private ponds, reservoirs or the waters of the state, the privilege of taking
therefrom carp, pickerel or other deleterious fish with nets or other devices, or by drawing off
the waters from said ponds or reservoirs. Whoever shall violate or attempt to violate the
provisions of this section shall be deemed guilty of a misdemeanor and, in addition thereto, shall
be liable to a penalty of one hundred dollars for each violation thereof, and ten dollars for each
fish so taken.

(As amd. by chap. 462 of Laws of 1896.)

Unlawful Devices and Explosives Prohibited.

§ 102. The use of dynamite or other explosives in any of the waters of the state is prohibited
except for mining and mechanical purposes. The possession by any person on the shores or
islands of the inland waters of this state of dynamite or other explosives where the use of the
same is prohibited by this section, shall be deemed a violation thereof. Whoever shall violate
or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and
on conviction thereof shall be imprisoned for a period of not less than thirty days, and in addition
thereto shall b^ liable to a penalty of one hundred dollars for each violation thereof.

Stocking Private Waters.

§ 103. No trout of any kind, salmon trout or land-locked salmon, shall be taken from any
of the waters of this state for the purpose of stocking a private pond or stream, except that the
owner of such private pond may, upon the written consent of the fisheries, game, and forest
commission, take any such fish from any stream of water running through premises owned by
him, solely for the purpose of being placed in such private pond. Whoever shall violate, or
attempt to violate the provisions of this section shall be deemed guilty of a misdemeanor, and,
in addition thereto, shall be liable to a penalty of twenty-five dollars for each violation thereof,
and ten dollars for each fish so taken.

(As amd. by chap. 368 of Laws of 1896.)

Fishing Through the Ice in Waters Inhabited by Trout, Et Cetera, Forbidden.

§ 104. No fish shall be fished for, caught or killed through the ice in any waters inhabited
by trout, salmon trout or land-locked salmon during the closed season for the taking of such
fish. The provisions of this section do net apply to Lake Ontario, Lake Erie, the Hudson
and Niagara rivers, nor to Silver lake in the county of Wyoming, from the first day of January
to the fifteenth day of February, both inclusive. Whoever shall violate or attempt to violate the
provisions of this section shall be deemed guilty of misdemeanor, and in addition thereto shall
be liable to a penalty of twenty-five dollars for each violation thereof and ten dollars for each
fish so caught or possessed.

(As amd. by chap. 367 of Laws of 1896.)



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FISHERIES, GAME AND FOREST LAW. 29 1

Trout; Close Season.

§ 105. Trout of any kind shall not be fished for, caught, killed or possessed except from
the sixteenth day of April to the thirty-first day of August, both inclusive. This section shall
not apply to Long Island. Whoever shall violate or attempt to violate the provisions of this
section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a
penalty of twenty-five dollars for each violation and ten dollars for each fish so caught or
possessed.

Trout not to be Taken Unless Six Inches in Length.

§ 106. Trout of any kind, salmon trout or land-locked salmon, less than six inches in length,
shall not be intentionally taken or possessed, and in case any such fish is caught or taken, the
person taking it shall immediately place such fish back in the waters from which it was taken,
without unnecessary injury. Whoever shall violate or attempt to violate the provisions of this
section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a
penalty of ten dollars for each fish so taken or possessed.

Trout, Et Cetera, not to be Disturbed While Spawning.

§ 107. Trout of any kind, salmon trout or land-locked salmon shall not be willfully
molested or disturbed while upon their spawning beds during the close season, nor shall such
fish or any spawn or milt from any such fish be taken or carried away while upon the spawning
beds. Whoever shall violate or attempt to violate the provisions of this section shall be
deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five
dollars for each fish so taken, possessed or carried away.

Salmon Trout and Land-locked Salmon ; Close Season.

§ loS. Salmon trout, sometimes known as lake trout, and land-locked salmon, shall not be
caught or killed in the inland waters of this state, except from the first day of May to the
thirtieth of September, both inclusive; provided, however, that it shall be lawful to possess
and sell at any time salmon trout, or land-locked salmon, if said fish have not been taken from
the inland waters of this state during the close season, but possession of such fish during such
close season is forbidden and shall be deemed a violation of this section, unless it be proved by
the possessor that such fish were not caught in such inland waters during the close season. The
provisions of this section shall not apply to Long Island. Whoever shall violate the provisions
of this section, shall be deemed guilty of misdemeanor and in addition thereto shall be liable to
a penalty of twenty-five dollars for each violation and ten dollars for each fish so caught, killed
or possessed.

Certain Fish not to be Transported.

§ 109. Trout of any kind, salmon trout or land-locked salmon, caught in any of the inland
waters of this state, shall not be transported to any point within or without the state from or



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292 STATE OF NEW YORK.

through any of the counties thereof, or possessed for that purpose, except when accompanied
by the owner. Possession thereof by a common carrier or by any person in its employ then
actually engaged in the business of such common carrier unaccompanied by the owner shall
constitute a violation of this section by such common carrier. Whoever shall violate or attempt
to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition
thereto shall be liable to a penalty of twenty-five dollars for each violation and ten dollars for
each fish so caught or possessed.



Black Bass, Oswego Bass, Pickerel, Pike or Wall-Eyed Pike ; Close Season.

§ I ID. Black bass or Oswego bass, shall not be fished for, caught, killed or possessed except
from the thirtieth day of May to the thirty-first day of December, both inclusive, and shall not
be fished for, caught or killed in Lake George or Schroon lake, except from the first day of
August to the thirty-first day of December, both inclusive, and shall not be fished for, caught or
killed in the Schoharie river or in Foxes creek within three years from the thirty -first day of
May, eighteen hundred and ninety-six, except in the month of August. Pickerel, pike, or wall-
eyed pike, shall not be fished for, caught or killed or possessed except from the first day of May
to the thirty-first day of January, both inclusive, except as provided in section one hundred and
forty-one. Provided, however, that the commissioners of fisheries, game and forest shall have
power to permit the taking or destruction of pickerel at any time in the waters inhabited by
trout. The provisions of this section shall not apply to the Saint Lawrence between Tibbet's
point lighthouse and the city of Ogdensburgh. Whoever shall violate or attempt to violate the
provisions of this section shall be deemed guilty of misdemeanor and in additon thereto shall
be liable to a penalty of twenty-five dollars for each fish so caugiit, killed or possessed. Every
person fishing in the Schoharie river or in Foxes creek, or having fish in his possession caught
m either of said waters, shall, whenever requested by any fish and game protector, or by any
sheriff, deputy sheriff, constable, game constable or police constable, permit such officer to
inspect and examine the fish taken by him or in his possession or control or in the boat, basket,
creel, lock-up, or other thmg occupied or possessed by him, and in case of his refusal to permit
such inspection or examination he shall be liable to a penalty of twenty-five dollars for each
such refusal, and such officer making such request shall have power, and he is hereby
authorized, without a search-warrant, to at once proceed and make such inspection and
examination of said fish, boat, basket, creel, lock-up or other thing in his possession or control,
and to use such force as may be necessary for such purpose. Such refusal, if in the open
season in said waters, shall be presumptive evidence that such person so refusing had inten-
tionally taken from said waters, in said open season, and kept and not returned thereto, one
black bass less than eight inches in length, in violation of this article, and if in the closed season
in said waters, that he had taken one black bass from said waters during such closed season, in
violation of the provisions of this section.

(As amd. by chap. 531 of Laws of 1896.)



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FISHERIES, GAME AND FOREST LAW. 293

Black Bass not to be Taken Less Than Eight Inches in Length.

§ II I. No black bass, less than eight inches in length, shall be intentionally taken from any
of the waters of this state, nor possessed, and in case any such fish is caught or taken the person
taking it shall immediately return it to the waters from which it was taken without unneces-
sary injury. The provisions of this section shall not apply to the Saint I^awrence river between
Tibbet's point lighthouse and the city of Ogdensburgh. Whoever shall violate the provisions
of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable



Online LibraryGame and Forests New York (State). Commissioners of FisheriesAnnual report of the Commissioners of Fisheries, Game and Forests of the ... → online text (page 29 of 38)