'^0' 0-7*. ' <1 ■ .Ov- O O STATE OF NEW YORK The Conservation Law IN RELATION TO FISH AND GAME ^S AMENDED BY THE LEGISLATURE OF NINETEEN HUNDRED AND TWELVE I ijJ^ r Albany J. B. Lyon Company, State PRiNTEas 1912 / 2 ' i STATE OF NEW YORK Conservation Commission GEORGE E. VAN KENNEN JAMES W FLEMING JOHN D. MOORE Commissioners ALBERT E. HOYT, Secretary to Commission General Offices: 21-23 Washington Ave. Albany, N. Y. TABLE OF CONTENTS. Paqb The Conservation Law, State of New York, relative to fish and game (Art. V., of Chap. 647, Laws of 1911, as amended by Chapter 318, Laws of 1912) 3 Index to the Conservation Law, relative to fish and game. . 113 Syllabus of the Conservation Law, relative to fish and game. 159 Rules and Regulations of the Conservation Commission in relation to fish and game 179 APPENDIX. The Lacey Act (U. S. Statute, Chap. 553, 1900) 195 Synopsis of the Conservation Law, State of New York, relating to lands, forests, and public parks 201 Miscellaneous statutes, relative to lands and forests 245 Rules and Regulations, Forest Preserve and St. Lawrence Reservation 259 Information for Campers 261 Forest Dont's 263 Order Prohibiting the Taking of Bass in Lake Gaorge 264 Roster of Game Protectors 267 Roster of District Forest Rangers and Forest Rangers 270 Court Procedure under the Conservation Law, as Amended by Chapter 444, Laws of 1912 280 RULE. (Adopted by the Conservation Commission May 21, 1912, to take effect immediately). Rule 1-a — Food fish, other than migratory food fish of the sea within the limits of the marine dis- trict, shall not be taken by any person in any manner other than angling or in the manner ex- pressly permitted by a license or permit duly issued by the Commission. CONSERVATION LAW r In Relation to Fish and Game. Chapter 318, Laws of 1912. AN" ACT to amend the conservation law, in re- lation to fish and game. Became a law April 15, 1912, with the approval of the Governor Passed, three-fifths being present. The People of the State of Neio York, represented in Senate and Assembly, do enact as follows: Section 1. Article five of chapter six hundred forty-seven of the laws of nineteen hundred and eleven, entitled "An act relating to conservation of land, forests, waters, parks, hydraulic power, fish and game, constituting chapter sixty-five of the consolidated laws," is hereby repealed and a new article inserted in place thereof, to be known as " article five," to read as follows : 4 Conservation Law. ARTICLE V. Fish and Game. Part I. Powers of commission (§§ 150-160). II. Game protectors (§§ 165-172). III. Ownership; Manner of taking; Posses- sion; Transportation and sale of wild game and fish restricted (§§ 175-182). IV. Licenses, hunting and trapping (§§ 185- 187). V. Quadrupeds (§§ 190-203). VL Birds (§§ 210-223). VIL Fish {§§ 230-257). VIIL Nets and netting (§§ 270-284). IX. Fishways (§§ 290-293). X. Marine fisheries (§§ 300-335). XL Private parks (§§ 360-366). XII. Breeding; Importation and sale of fish and game (§§ 370-376). XIII. Definitions and constructions (§§ 380- 384). PART I. Powers and Duties of Commission. Section 150. General powers and duties of commis- sion. 151. Fish culturist. 152. Power to prohibit or regulate the tak- ing of fish or game. 153. Close seasons established. Conservation Law. 5 Section 154. Power of commission to dispose of fish and game seized. 155. Power to take fish. 156. Power to purcliase fish eggs. 157. Power to acquire beaver, deer, moose or elk. 158. Power to take birds and quadrupeds. 159. Certificate to collect or possess for propagation, scientific or exhibition purposes. 160. Compilation of forest, fish and game law. 161. Observance of rules and regulations; penalty. Section 150. General powers and duties of com- mission. The commission shall have charge, control and management of the propagation and destribu- tion of food and game fish, shell-fish Crustacea, and game. It shall have the conduct and control of all hatching and biological stations and game farms owned, operated or hereafter acquired by the state. The commission shall have charge of the enforce- ment of all laws for the protection of fish, shell- fish, Crustacea, birds and quadrupeds; lands under water w^hich have been or shall be designated, sur- veyed and mapped out pursuant to law, as oyster beds or shell-fish grounds, and power to grant leases of land under water for shall-fish culture according to law; power to make rules regulating the trans-. Conservation Laic. portation, importation and exportation of game, fish, shell-fish and Crustacea, and tlie taking of fish in any manner, other than angling, except as to mi- gratory food fish of the sea within the limits of the marine district; the gi'anting of licenses where the same are prescribed by law, the fixing of fees there- for and the* terms thereof, and such other powers and duties as are or may be imposed upon said commission by law. § 151. Fish culturist. The commission shall ap- point a fish culturist who shall have charge under the direction of the commission of the culture of fish and shell-fish in the state. He shall receive an annual salary of four thousand dollars, and his actual and necessary traveling expenses while in the performance of his official duty. § 152. Petition for additional protection; notice of hearings; power to grant additional protection; notice of prohibition or regulation; penalties. 1. Petition for additional protection. Any citizen of the state may file with the commission a petition in writing requesting it to give to any species of fish, other than migratory food fish of the sea, or game protected by law additional or other protection than that afforded by the provisions of this article. Such petition shall state the grounds upon which such protection is considered necessary, and shall be signed by the petitioner with his address. Conservation Law. 7 2. Notice of hearings. The commission shall hold a public hearing in the locality or county to be affected upon the allegations of such petition within twenty days from the filing thereof. At least ten days prior to such hearing notice thereof, stat- ing the time and place at which such hearing shall be held, shall be advertised in a newspaper published in the county to be affected by such additional or other protection. Such notice shall state the name and the address of the petitioner, together with a brief statement of the grounds upon which such ap- plication is made, and a copy thereof shall be mailed to the petitioner at the address given in such peti tion at least ten days before such hearing. 3. Power to grant additional protection. If upon such hearing the commission shall determine that such species of fish or game, by reason of disease, danger of extermination, or from any other cause or reason, requires such additional or other protection, in any locality or throughout the state, the commission shall have power to prohibit or regulate, during the open season therefor, the taking of such species of fish or game. Such prohibition or regulation may be made general throughout the state or confined to a particular part or district thereof. 4. Notice of prohibition or regulation. Any order made by the commission under the provisions of this section shall be signed by it, and entered in its minute book. At least tnirty days before such S Conservation Lato, prohibition or regulation shall take effect, copies of the same shall be filed in the office of the clerk is- suing hunting and trapping licenses for the district to which the prohibition or regulation applies. It shall be the duty of said clerks to issue a copy of said prohibition or regulation to each person to whom a hunting or trapping license is issued by them; to mail a copy of such prohibition or regula- tion to each holder of a hunting and trapping license theretofore issued by them and at that time in effect, and to post a copy thereof in a conspicuous place in their office. At least thirty days before such pro- hibition or regulation shall take effect the com- mission shall cause a notice thereof to be advertised in a newspaper published in the county wherein such prohibition or regulation shall take effect. 5. Penalties. Any person violating the pro- visions of such prohibition, rule or regulation shall be guilty of a misdemeanor and shall; upon con- viction, be subject to a fine of not to exceed one hundred dollars, or shall be imprisoned for not more than tnirty days, or both, for each offense, in addi- tion to the penalties hereinafter provided for taking fish, birds or quadrupeds in the close season. § 153. Close season established; penalties. The commission may, on the request of a majority of the town board of any town, prohibit or regulate the taking of birds or game on lands set aside, with the consent of the owner or owners thereof, as bird Conservation Law, 9 and game refuges for a period of not to* exceed ten years from the date set in the application. On a like request, when fish have been or shall be placed in waters of a town at the expense of the state, the commission may prohibit or regulate the taking of fish from such waters, for not to exceed five years from the first day of May next after such fish have been furnished. At least thirty days before such prohibition, rule or regulation shall take eff'ect, a copy of the same shall be filed in the office of the clerk of the town to which the prohibition, rule or regulation applies. Printed notices of such pro- hibition, rule or regulation, at least one foot square, shall be posted along the boundaries of the land, or along the shores' or banks of the waters affected, not more than fifty rods apart. Penalties. Any person who shall violate or at- tempt to violate any such prohibition, rule or regu- lation is guilty of a misdemeanor, and shall, upon conviction, be subject to a fine of not to exceed one hundred dollars, or shall be imprisoned for not more than thirty days, or both, for each offense, in addition to the penalties hereinafter provided for taking fish, birds or quadrupeds in the close season. § 154. Power of commission to dispose of game and fish seized. Whenever any fish, birds or quad- rupeds, or parts thereof, are found in the possession or under the control of a person contrary to law, 10 Conservation Law. 1 said fisli, Ijirds or quadrupeds, or parts thereof, shall be seized and conliscated in tlie name of the state, and the commission may in its discretion sell the same, or otherwise dispose of it, as the said com- mission may deem for the best interest of the state, and the same may be transported at any time for such purpose. § 155. Power to take fish. The commission may take fish with nets at such times and in such manner as it may deem proper for the artificial propagation of fish. The commission may also remove, permit or cause to be removed from public or private waters, fish which hinder or prevent the propagation of game or food fish. Such removal shall be effected by any means and under such regulations as the commission may provide. Fish taken under this section may be disposed of and possessed under such regulations as the commission may establish. Any person not in charge of a state net who shall handle or take fish while confined therein, or shall fish wathin one hundred feet of any leader or net in use by the state shall be guilty of a misdemeanor. § 156. Power to purchase fish eggs. The commis- sion may purchase from any person, fish eggs, pay- ing for same in cash, or giving in exchange or in consideration therefor, a percentage of the young fish hatched or produced at any of the fish hatch- eries of the state from the eggs so purchased: and the placing of such young fish in waters on lands Conservation Law. 11 of such persons shall not be deemed a stocking of such waters with fish by the state, or fish from state hatcheries. § 157. Power to acquire beaver, deer, moose or elk ^y gi^t, purchase or capture. The commission may acquire by gift, purchase or capture a sufficient number of beaver, deer, moose or elk to stock the Adirondack region, and may care for and yard the same temporarily and liberate them in such region and at such times and places as it deems most con- ducive to their probable subsistence and increase. Deer may be taken alive at any time by the com- mission to restock the state's deer parks or to exchange for elk or moose. § 158. Power to take birds and quadrupeds. In the event that any species of birds protected by the provisions of section two hundred and nineteen of this article, or quadrupeds protected by law, shall at any time, in any locality, become destructive of private or public property the commission shall have power in its discretion to direct any game protector, or issue a permit to any citizen of the state to take such species of birds or quadrupeds and dispose of the same in such manner as the com- mission may provide. Such permit shall expire within four months after the date of issuance. § 159. Certificate to ccllect or possess for propa- gation, scientific or exhibition purposes. The com- 12 Conservation Law. ^ mission may issue a certificate which shall be revocable at its pleasure to any person, permitting the holder to collect or possess quadrupeds, birds, birds' nests or eggs for propagation, scientific or exhibition purposes. Before such certificate is issued, every applicant, except a game protector, duly chartered museum or society incorporated for scientific or public exhibition purposes, or an officer thereof, must file written testimonials from two well known scientific men; pay one dollar for the expense of issuing the certificate, and must file a bond in the penal sum of two hundred dollars with two responsible sureties, to be approved by the commission, conditioned that he will not violate the provisions of this article or avail himself of the » privileges of said certificate for purposes other than as herein set forth. Persons receiving such certifi- cates must report the result of collections made thereunder annually to the commission, at the ex- piration of the license. Such certificate shall be in force for one year only from the date of issue and shall not be transferable. § i6o. Compilation of forest, fish and game law. As soon as practicable after the adjournment of the legislature in each year, the commission shall make a compilation of the fish and game law, as amended at the date of such compilation, and properly index the same. Copies of said compilation sufficient in number for the purposes of this section shall be Conservation Law. 13 printed in pamphlet form of pocket size, under the direction of tlie clerks of the senate and assembly, and such clerks shall distribute them as follows: One hundred copies to each senator; fifty copies' to each assemblyman; fifteen thousand copies to the commission for general distribution. It shall be the duty of the commission to prepare and issue a syllabus of the fish and game law as amended at the date of such compilation, and to supply and deliver to county, city and town clerks one copy of same for each person procuring a hunting or trapping license. Each person procuring a hunting or trapping license is entitled to one copy of said syllabus. § i6i. Observance of rules and regulations; pen- alty. Every person shall obey, observe and comply with every order or rule made by the commission, under authority of this article; any person violating or attempting to violate any such rule or order shall be liable to a penalty of fifty dollars, unless other- wise specifically provided. PART II. Game Protectors. Section 165. Number and designation. 166. Rating of game protectors. 167. Game protectors to give bonds. 168. Compensation of game protectors. 14 Conservation Laic. Section 169. Powers of game protectors. 170. Records and reports. 171. Special game protectors. 172. Sheriffs and constables. 1 Section 165. Number and designation. The com- mission shall appoint one himdrcd twenty-Jfive game protectors. The commission shall designate from the protectors a chief game protector, a deputy chief game protector, twelve division chief protectors, five fisheries protectors, and a protector for the Saint Lawrence river. The present chief game protector shall continue to be chief game protector, the pres« ent assistant chief game protectors shall continue to be division chief game protectors, the present Jamaica Bay protectors shall continue to be fish- eries protectors, the present fisheries protectors shall continue to be fisheries protectors, the present pro- tector for the Saint Lawrence river shall continue to be a game protector and the present game pro-* tectors shall continue to be game protectors. The chief game protector shall have general supervision and control of all protectors. § 166. Rating of game protectors. The commis- sion shall have power to remove, to suspend without pay, to reduce in rank, to act as a trial board in hearing and passing upon charges, and to rate all game protectors and fisheries protectors on the basis of merit and efficiency, in accordance with the pro- visions of the state civil service law. It shall rate Conservation Law. 15 all protectors on the basis of merit and efficiency in three grades, to be known as the first, second and third grades. Protectors rated in the first and second grades shall not be removed unless furnished with reasons for removal and given a hearing. The commission is empowered to make such rules and regulations as in its judgment are required to secure a proper rating of the protectors, or to carry out the provisions of this section. § 167. Game protectors to give bonds. The chief game protector shall give a bond to the people of the state in the sum of one thousand dollars con- ditioned for the faithful discharge of his duties, with sureties to be approved by the commission. Every game protector shall give a like bond in the sum of five hundred dollars. § 168. Compensation of game protectors. The chief game protector shall receive an annual salary of three thousand one hundred dollars, and his actual and necessary expenses while in the discharge of his official duties, not exceeding one thousand dollars a year. The deputy chief game protector shall receive an annual salary of twenty-four hun- dred dollars and his actual and necessary traveling expenses not exceeding one thousand dollars a year while in the performance of his official duties. Each division chief protector shall receive an annual sal- ary of sixteen hundred dollars, and his actual and 16 Conservation Law. necessary traveling expenses, not exceeding seven hundred and fifty dollars a year. Each fisheries protector shall receive an annual salary of thirteen hundred dollars, and his actual and necessary travel- ing expenses, not exceeding seven hundred and fifty dollars. Each game protector shall receive an an- nual salary of nine hundred dollars and his actual and necessary traveling expenses, not exceeding six hundred dollars, provided, however, that each game protector who shall have been rated in the first grade for a full year shall receive increased salary at the rate of fifty dollars per annum for that year, and for each succeeding year that he shall so qualify until he shall receive the sum of thirteen hundred dollars per annum. Game protectors rated in the first grade only shall be eligible for promo- tion. § i6g. Powers of game protectors. Game pro- tectors, fire patrolmen, and fisheries protectors shall enforce all laws relating to fish, birds and quadru- peds; all laws of boards of supervisors relating to the same; and shall have power to execute all warrants' and search warrants issued for a violation of this article; to serve subpoenas issued for the ex- amination and investigation or trial of oflfenses against any of the provisions of said law; to make search where they have cause to believe that fish, birds or quadrupeds, or any parts thereof, are pos- sessed in violation of law, and without search war- Conservation Law. 17 rant to examine the contents of any boat, car, box, locker, basket, creel, crate, game bag or other pack- age, and the contents of any building other than a dwelling house, to ascertain whether any of the pro- visions' of this article or of any law for the protec- tion of fish, shell-fish, birds and quadrupeds have been or are being violated, and to use such force as may be necessary for the purpose of such examina- tion and inspection; and with a search warrant to search and examine the contents of any building or dwelling house; seize all quadrupeds, birds or fish, or 9inj parts thereof possessed in violation of law, or showing evidence of illegal taking, and hold the same subject to the order of the commission; to arrest without warrant any person committing a misdemeanor under the provisions of this article in their presence, and take such person immediately before a magistrate having jurisdiction for trial, and to exercise such other powers of peace officers in the enforcement of the provisions of this' chapter, or of judgments obtained for violations thereof as are not herein specifically provided. Any regular or special game protector, fisheries protector, fire superintendent or fire patrolman or inspector who shall compromise or settle any violation of the fish and game law out of court, or without the order of the commission shall be guilty of a misdemeanor. § 170. Records and reports. The chief game pro- tector and division chief protectors shall make such 18 Conservation Law. reports as are required by the commission. Each game protector shall keep a daily record of his offi- cial acts, and report the same at the close of each week to the division chief of his division, and similarly report at the close of each month to the chief game protector. The salary and traveling ex- penses of a game protector shall not be payable ex- cept upon the certificate of the chief game pro- tector that such protector has made the required report and properly performed his duty. § 171. Special game protectors. The commission may in its discretion appoint a person as special game protector, and for this purpose may receive the recommendation of a majority of the super- visors of any county, or of any game club incor- porated for the protection of fish and game. Such special game protectors shall hold office during the pleasure of the commission, and shall have the same powers as game protectors'^ and receive one- half of the fines and penalties less expenses. They shall make reports as required by the commission. § 172. Sheriffs and constables. Peace officers shall have tlie same powers as game protectors under this article, except the right to search without warrant. Conservation Law. 19 PART III. Ownership; Manner of taking; Limit; Possession; Sale and Transportation of Wild Game and Fish Restricted. Section 175. Ownership. 176. Taking, limit, possession, sale and transportation of fish and game re- stricted. 177. Manner of taking fish and game. 178. Transportation, general, within the state; out of the state; into the state. 179. Transportation, special. 180. Prohibited, sale of certain game birds. 181. Presumptive evidence. 182. Penalties. Section 175. Ownership. The ownership of, and the title to all fish, birds and quadrupeds in the state of New York, not held by private ownership, legally acquired, is hereby declared to be in the state. No fish, birds or quadrupeds shall be caught, taken or killed in any manner or at any time or had in possession, except the person so catching, taking or killing or having the same in possession shall consent that the title to such fish, birds and quadrupeds shall be and remain in the state of New York for the purpose of regulating and controlling the use and disposition of the same after such 20 Conservation Law. catching, taking or killing, except that the title to such fish, birds or quadrupeds legally taken shall vest in the person so taking or possessing the same, subject to the restrictions and provisions of law. § 176. Taking, limit, possession, sale and transpor- tation of game and fish restricted. No person shall at any time of the year, pursue, take, wound or kill, in any manner, number or quantity, any fish, quad- rupeds or birds protected by law, or buy, sell, offer, or expose the same, or any part thereof, for sale, transport, or have the same in possession except as permitted by this article. Tip-ups, set and trap lines, spears, grappling hooks, naked hooks, snatcli hooks, eel weirs and eel pots shall not be used to take fish except as specifically permitted by this article. Any person doing any act prohibited by this article with reference to such fish, quadrupeds or birds or in aid of such prohibited taking, posses- sion, purchase, sale or transportation, shall be deemed to have violated this section. § 177. Manner of taking fish and game. 1. Manner of taking game. Game protected by law shall only be taken in the day time after sun- rise and before sunset with a gun fired at arm's length, without rest, unless otherwise specifically permitted by this article. A person may take birds and quadrupeds, during the open season therefor, with the aid of a dog, unless' specifically prohibited by this article. Conservation Law. 21 2. Manner of taking fish. Fish protected by law- shall only be taken by angling, unless otlierwise specifically permitted by this article. In case any fish or Crustacea is unintentionally taken contrary to the prohibitions or restrictions contained in any of the provisions of this article, such fish or Crus- tacea shall be immediately liberated and returned to the water, without unnecessary injury. Whenever any fish under the size limit prescribed by the provisions of this article are received in transportation from another state or country, or whenever such fish are taken in gill nets, the person receiving or taking the same shall immediately after the receipt thereof, or in case of taking, within eighteen hours after making harbor, docking, or landing, give notice by telegram to the commission of the receipt or taking of such fish, together with a statement of the kind and number thereof and the place where the same are held, and shall care for and protect the same from spoiling, and shall properly ice, pack and ship said fish to such destination as the commission may direct. This section shall not in any way be con- strued as granting immunity from prosecution to any person who shall dispose or attempt to dispose of such fish in any other manner. § 178. Transportation, general; within the state; out of the state; into the state. 1. Transportation, general. No common carrier, or person in its employ while engaged in such busi- 22 Conservation Law. ness of common carrier, shall transport any wild game or fish, or any part thereof as owner. The reception or possession of game or fish, protected by law, or any part thereof, for shipment, by any per- son or common carrier within the state, or by any person in its employ, while engaged in the business of such common carrier unaccompanied by the owner thereof, or in any package unmarked, as herein provided, shall constitute a violation of this section by such person or common carrier. 2. Within the state. A person if accompanying the same may transport in one day, during the open season therefor, the number or limit of wild game or fish that he may lawfull}^ take in one day except as provided by section one hundred and ninety hereof. If such game or fish be placed in the cus- tody of a common carrier or transported in any package, the said game or fish or any package con- taining the same, shall have affixed thereto a tag plainly marked with the kind and number of such game or fish, the names of the consignor and the consignee, the initial point of billing and the destination. 3. Out of the state. Wild game or fish protected by law if taken by a non-resident may be trans- ported by him from any point within the state to a point out of the state, provided the same shall be accompanied by the actual owner thereof, and the said owner shall have first procured from the com- Conservation Law. 23 mission a license so to do. Such wild game or fish must be tagged and marked as provided in this section, and no more of any kind of fish or wild game shall be transported than the owner thereof may lawfully take in one day. Game imported from without the United States' or raised in private preserves as provided in this article when duly marked and tagged may be transported out of the state unaccompanied by the owner thereof in any number or quantity. 4. Into the state. Any citizen of this state may, between the sixteenth day of September and the* fifteenth day of January, both inclusive, bring into this state as his personal baggage for his private use, game or fish lawfully taken by him in any place outside of this state, provided that such game shall be taken not less than fifty miles from the border of this state, and may be lawfully brought from the state where taken, and further provided that the owner of said game shall have first ob- tained from the commission a license so to do, and that such game shall have been tagged at the point of shipment with tags furnished by tlie commission. Further provided that a person may bring into this state, during the open season therefor prescribed by this article, game lawfully taken without the state, without regard to the license, tagging or fifty mile restrictions. Said game and fish may be possessed during said period. 24 Conservation Lata. § 179. Transportation, special. Game and fish for propagation purposes, the head, hide, feet or fur of quadrupeds and the plumage or skin of game birds legally taken and possessed, may be transported without being marked as provided in section one hundred and seventy-eight liereof. § 180. Prohibited; sale of certain birds. The dead bodies of birds belonging to all species or sub-species, native to this state^ protected by law or belonging to any family, any species or sub-species of which is native to this state and protected by law shall not be sold, offered for sale, or possessed for sale for food purposes within this state whether taken within or without this state, except as provided by sections three hundred and seventy-two and three hundred and seventy-three. § 181. Presumptive evidence. Possession of quad- rupeds, birds or fish, or any part thereof, during the time when the taking of the same in this state is prohibited, or when the possession of the same after the close of tlie open season for the taking thereof is permitted, shall be presumptive evidence that the same was unlawfully taken by the possessor. § 182. Penalties. A person who violates any of the provisions of this part, or of any lawful rule or regulation of the commission, is guilty of a misde- Conservation Laio. 25 meaner, and in addition thereto, is liable as fol- lows: to a penalty of sixty dollars and an addi- tional penalty of twenty-five dollars for each fish, bird, or quadruped, or part of fish, bird or quad- ruped bought, sold, offered for sale, taken, pos- sessed, transported or had in possession for sale or transportation in violation thereof. PART IV. Licenses: Hunting and Trapping. Section 185. Hunting and trapping license. 186. Xon-resident trapping license. 187. Penalties. Section 185. Hunting and trapping licenses; ap- plication therefor; fees; disposition of fees; contents and power under; carrying and exhibiting same; termination; exception; alteration; prosecutions by individuals; proceeds of actions; costs; form of license; non-resident coupons; clerks' reports; clerks reimbursed for expenses. 1. Hunting and trapping license. No person or persons shall at any time hunt, puruse"' or kill with a gun, any of the wild animals^ fowl or birds that are protected during any part of the year, or take with traps or other devices any fur bearing animals, or engage in hunting or trapping except as herein provided, without first having procured a license SO * So in the original. 26 Conservation Law. to do, and then onl}' during the respective periods of the year when it shall be lawful. 2. Application therefor. Said license shall be pro- cured from any county, city or town clerk in the following manner, to wit: The applicant shall fill out a blank application to be furnished by the com- mission through the clerk of each county, city or town, stating name, age, occupation and place of residence and post-office address of applicant, also whether a citizen of the United States or an alien and such other facts or descriptions as may be re- quired by the commission. Said application shall be subscribed and sworn to by the applicant before any officer authorized to administer oaths in the state of New York. Any false statement contained in such application shall render the license null and void. Any person who shall make any false state- ment in an application for a license, shall be deemed guilty of perjury, and, on conviction thereof, shall be subject to the penalties provided for the com- mission of perjury. 3. Fees. Said applicant, if a non-resident of the state, an unnaturalized person, or an alien, shall pay to the clerk countersigning and delivering the license the sum of twenty dollars, together with the sum of fifty cents as a fee to the clerk, except as provided in section one hundred and eighty-six hereof, and if a resident of the state, shall pay to the clerk countersigning and issuing the license the sum of one dollar as a license fee, together with the Conservation Law. 27 sum of ten cents as the fee of tlie county, city or town clerk for issuing such license, and if a non- resident of the state and a taxpayer therein at the time of making such application shall pay to the clerk countersigning and issuing the license the sum of ten dollars together with the sum of fifty cents as a fee to the clerk, except as provided in section one hundred and eighty-six hereof. 4. Disposition of fees. The license fees above pro- vided for shall be remitted by the city and town clerks on the first Tuesday of each month to the county clerk of the county^ and such fees together with those received by the county clerk for issuing licenses from his office shall be remitted to the com- mission on the second Tuesday of each month with a schedule setting forth the name and residence of each licensee and the amount paid, and shall by him be remitted to the state treasurer as are fines and penalties. The commissioner shall pay to each county clerk the sum of three per centum of the total amount of such license money received from such county clerk. 5. Contents and power under. Said license shall bear the signature of the commission, and the seal of the county, city or town in which the same is issued and be countersigned by the said clerk. Every license issued shall be signed by the licensee in ink, as aforesaid, and shall entitle the person to whom issued to hunt, pursue and kill game animals, fowl and birds and trap fur bearing animals within 28 Conservation Law. the state at any time when or place where it shall be lawful to hunt, pursue, kill and take such game animals, fowl and birds in this state. 6. Carrying and exhibiting same. No person to whom a license has been issued shall be entitled to hunt, pursue, kill or take game animals, fowl and birds or trap fur bearing animals in this state un- less at the time of such hunting, trapping, pur- suing or killing or taking, he or she shall have such license on his or her person, and shall exhibit the same for inspection to any protector or otlier oflicer or other person requesting to see the same. 7. Termination. Such license shall be void aftor the tliirty-first day of December next succeeding its issuance. 8. Exception. Provided that the owner or owners of farm land, and their immediate family or fami- lies occupying and cultivating the same, or the lessee or lessees thereof and their immediate family or families who are actually occupying and culti- vating the same, shall have the right to hunt, kill and take game or trap fur bearing animals on the farm land of which he or they are the bona fide owners or lessees, during the season when it is lawful to kill and take the same, without procuring such resident license; and further provided that minors under the age of sixteen years shall not be required to take out a license to trap fur bearing animals. Conservation Law. 29 9. Alteration. Any person who shall at any time alter or change in any material manner or loan or transfer to another, any license issued as aforesaid, shall be deemed guilty of a forgery in the second degree, and, on conviction thereof, shall be subject to the penalties provided for the commission of forgery in the second degree. 10. Prosecution by individuals. All prosecutions for a violation of the provisions of this article relating to licenses may be brought by any person upon order of the commission in the name of the people of the state of New York against any per- son or persons violating any of the provisions of this article, so far as it relates to licenses, before any court of competent jurisdiction; and it is hereby made the .duty of all district attorneys to see that the provisions of this section are enforced in their respective counties, and said district attorneys shall prosecute all offenders on receiving information of the violation of any of the provisions of this sec- tion; and it is hereby made the duty of all sheriffs, deputy sheriffs, constables and police officers to in- form against and prosecute all persons who, there is reasonable cause to believe, are guilty of violating any of the provisions of this section. Nothing herein shall prevent the commission from prose- cuting persons for violation of this section. 11. Proceeds of actions. All moneys recovered in any penal action under this chapter, in so far as it relates to licenses, shall be .remitted by the person 30 Conservation Laio. or court recovering the same to the commission; one-half of the amount recovered in any penal ac- tion under this section, in so far as it relates to licenses, after all disbursements and expenses in relation to the same, including attorney's fees, shall have been paid, shall be paid to the person filing the complaint in such action by the state treasurer on approval of tlie commission, unless such person is a regular game protector. 12. Costs. All bills for costs, disbursements and attorney's fees in any action or proceeding under this article relating to licenses shall be duly veri- fied, presented to the commission, audited by said commission and paid on its approval by the state treasurer to the person entitled to the same. 13. Form of license. The form of the license shall be determined and the license blank prepared by the commission, and by it furnished through the county clerks of the several counties of the state to the city and town clerks. 14. Non-resident coupons. Each non-resident license shall have attached one coupon permitting the transportation out of the state of one deer or parts thereof, under conditions to be prescribed by the commission. 15. Clerk's reports. On the thirty-first day of December of each year the city and town clerks shall detach the stubs of licenses issued and for- ward the same securely attached to a report of the number issued and the amount of license money Conservation Law. 31 received to the county clerk of the county, whose duty it shall be to see that proper returns are made to him by all city and town clerks in his county, and to return to the commission all such stubs and reports with a final report recapitulating and tabulating the total number of licenses of all kinds issued in his county in the calendar year. 16, Clerks reimbursed for expenses. The county clerk shall be reimbursed by the state for postage and expressage used in distributing licenses to city and town clerks and for his monthly reports re- quired to be made to the commission; his bills therefor shall be presented, audited and paid as herein provided for other payments. § 1 86. Non-resident trapping licenses. No person or persons who are non-residents of the state shall engage in trapping fur bearing animals without first having procured a license so to do, and then only during the respective periods of the year when it shall be lawful. Said license shall be procured in the manner provided in section one hundred and eighty-five hereof, and said applicant shall pay to the clerk coui.tersigning and delivering the license the sum of ten dollars as a license fee for a trap- ping license, together with the sum of fifty cents as a fee to the clerk. The provisions of section one hundred and eighty-five or so far as the same are applicable to licenses shall apply to all licenses issued under this section. 32 Conservation Law. § 187. Penalties. Any public officer or person who violates or fails to perform any duty imposed by any of the provisions of this article is guilty of a misdemeanor, unless otherwise provided, and shall be liable to a penalty for sixty dollars; any licensee shall be liable to an additional penalty of twenty- five dollars for each bird or quadruped, or part of bird or quadruped taken or possessed in violation thereof. A non-resident or alien who violates any of the provisions of sections one hundred and eighty- five and one hundred and eighty-six is guilty of a misdemeanor, and in addition thereto as follows: To a penalty of one hundred dollars and an addi- tional penalty of twenty-five dollars for each fish, bird or quadruped, or part of fish, bird or- quadru- ped taken or possessed in violation thereof. PART V. Quadrupeds. Section 190. Wild deer; open season; limit; manner of taking. » 191. Possession of wild deer or venison. 192. Deer; open season, special. 193. Dogs to be killed. 194. Wild moose, elk, caribou and antelope. 195. Black and gray squirrels; open season; limit. 196. Hares and rabbits; open season; limit; sale. Conservation Law. 33 Section 197. Beaver; close season. 198. Mink, raccoon and sable; open season. 199. Skunk. 200. Propagation of skunks permitted; bond. 201. Muskrat; open season. 202. Land turtles. 203. Penalties. Section igo. Wild deer; open season; limit; man- ner of taking; sale of. 1. Open season. Wild deer having horns not less tlian three inclies in length may be taken from October first to November fifteenth, both inclusive, in wholly inclosed deer parks and in the counties of (Jlinton, Essex, Franklin, Fulton, Hamilton, Her- kimer, Jefferson, Lewis, Oneida, Oswego, Saratoga, St. Lawrence, Warren, and Washington, except in all that portion of Oneida, Lewis, and Jefferson counties lying westerly of the Utica and Black River railroad, from Utica to Ogdensburg. 2. Limit. A person may take two such wild deer in an open season, and may transport or possess for that purpose one carcass or part thereof at any one time, if accompanied by the actual owner. 3. Manner of taking. Wild deer may be taken only on land. No jacklight or other artificial light, trap, saltlick, or other device to entrap or entice deer shall be used, made or set, nor shall any deer 34 Conservation Law. be taken by aid or use thereof. Deer shall not be hunted, pursued or killed by any dog or bitch. § 191. Possession of wild deer or venison. Wild deer or venison lawfully taken may be possessed from October first to November twentieth, both in- clusive. A person may possess such deer or venison from November twenty-first to January first, both inclusive, provided a license so to do shall first be obtained from the commission. Deer or venison so possessed shall at all times be marked or tagged in such manner as the commission may provide. If possession of deer is obtained for transportation after October first and before midnight of November sixteenth, it may, when accompanied by the owner, lawfully remain in the possession of a common car- rier the additional time necessary to deliver the same to its destination. Possession of deer or vension, or any part thereof, from November six- teenth to January first, both inclusive, shall be pre- sumptive evidence that the same was unlawfully taken. § 192. Deer, open season, special. Wild deer hav- ing . horns not less than three inches in length may be taken in Ulster county and in the towns of Never- sink, Cochecton, Tusten, Highland, Lumberland, Forestburg, and Bethel, and all that section of the towns of Mamakating and Thompson, Ijing south of the Newburgh and Cochecton turnpike, in Sulli- Conservation Law. 35 van county, and the town of Deerpike* in Orange county, from November first to November fifteenth, both inclusive. § 193. Dogs to be killed. Dogs shall not be per- mitted by the owner or persons harboring the same to run at large in or to be taken into forests in- habited by deer or kept or possessed in the Adiron- dack park. If any dog or bitch be in the forest preserve or found hunting, pursuing or killing deei* or running at large in forests inhabited by deer, it shall be presumptive evidence of a violation of this section by the person owning, using, having or harboring such dog or bitch. Any person may, and it shall be the duty of every game protector to kill any dog or bitch found in the Adirondack park or in a deer forest, or pursuing deer and no action for damages shall be maintained against a person for such killing. No dog or bitch shall be taken into or harbored in any hunting or lumber camp within the forest preserve. § 194. Wild moose; elk; caribou and antelope. There shall be no open season for wild moose, elk, caribou and antelope; but they may be brought into the state for breeding purposes. The flesh or any portion of any such animal may be possessed or transported by the owner thereof during the open season for deer, provided such animal was killed by * So in the original. 36 Conservation Law, the owner thereof, in a private park within the state. § 195. Black and gray squirrels; open season; limit. . 1. Open season. Black and gray squirrels may be taken and possessed from September sixteenth to October thirty-first, both inclusive, except on Long Island, where they may be taken and possessed from Xovember first to December thirty-first, both in- clusive. No person shall take black or gray squirrels within the corporate limits of any city or village. 2. Limit. A person may take five such squirrels, either all of one kind or partly of each, in one day. § ig6. Hares and rabbits; open season; limit; sale. 1. Open season. The open season for varying hares and cottontail rabbits shall be as follows: Varying hares may be taken and possessed from November first to January thirty-first, both in- clusive. Cottontail rabbits may be taken and pos- sessed from October first to December thirty-first, both inclusive. The use of ferrets is at all times prohibited, .except as hereinafter provided. The owners or occupants of inclosed or occupied farms and lands or a person duly authorized in writing by such owner or occupant may take in any manner at any time and in any number varying hares and cottontail rabbits which are injuring their property. 2. Limit. A person may take six varying hares or cottontail rabbits in one day. Conservation Law. 37 3. Sale. Varying hares and cottontail rabbits may be bought and sold during the open season for the taking thereof. § 197. Beaver; closed season. No person shall take or possess beaver at any time or molest or disturb any wild beaver or the dams, houses, homes or abiding places of same, except as permitted in sec- tion one hundred and fifty-eight, part one. ^ ig8. Mink; raccoon and sable; open season. Mink, raccoon and sable may be taken in any man- ner and possessed from November first to March first, both inclusive. § igg. Skunk. Skunk may be taken in any man- ner, except by digging them out of their holes or dens, and possessed from November first to January thirty-first, both inclusive. Skunks which are in- juring property or have become a nuisance may be taken at any time in any manner. § 200. Propagation of skunks permitted; bond. It shall be lawful to keep live skunks in captivity at all times for purposes of propagation and sale only, provided a license so to do shall first have been ob- tained from the commission. No skunks shall be fhufe kept which are taken wild during the close season for ,skunks, and skunks so kept shall not be disposed of in any way during the close season. S8 Conservation Law. § 201. Muskrat; open season. Muskrat may be taken in any manner and possessed from November tenth to April first, both inclusive. Muskrat houses shall not be molested, injured or disturbed at any time. § 202. Land turtles. Taking, killing or exposing for sale of all land turtles or tortoises, including the box turtle and the wood turtle, is hereby prohibited. § 203. Penalties. A person who violates any pro- vision of this part is guilty of a misdemeanor and in addition thereto, is liable as follows: For each violation of sections one hundred and ninety to one hundred and ninety-four, both inclusive, to a penalty of one hundred dollars, and to an additional penalty of one hundred dollars for each deer, elk^ moose, caribou, antelope, or part of any such animal taken, possessed, purchased, sold, possessed for sale or offered for sale contrary to law; for each violation of section one hundred and ninety-five and one hun- dred and ninety-six, to a penalty of twenty-five dol- lars, and to an additional penalty of ten dollars for each squirrel, hare or rabbit or part thereof, taken or possessed, purchased, sold, possessed for sale or oflfered for sale contrary to law; for each violation of section one hundred and ninety-seven, to a penalty of fifty dollars, and to an additional penalty of fifty dollars for each beaver taken or possessed contrary to law; for each violation of sections one hundred Conservation Law. 39 and ninety-eight and two hundred and one, to a penalty of twenty-five dollars; and for each viola- tion of section one hundred and ninety-nine to a penalty of ten dollars; for each violation of any of the provisions, for which a penalty is not specifically provided, to a penalty of fifty dol- lars; a person convicted for a violation of section one hundred and ninety-four shall be punished by imprisonment for a term of not less than three months nor more than one year. PART VI. Birds. Section 210. Game birds defined. 211. Water fowl, open season, limit, manner of taking. 212. Water fowl, open season, manner of taking, special. 213. Rails, American coots, et cetera, open season, limit. 214. Upland game birds, open season, limit. 215. Upland game birds, open season, special. 216. Shore birds or waders, open season, limit. 217. Shore birds, open season, special. 218. Antwerp or homing pigeons. 219. Certain wild birds protected. 220. Prohibited, destroying or robbing nests. 40 Conservation Law. Section 221. Prohibited, snares, nets, and traps. 222. Prohibited, taking of game on certain lands. 223. Penalties. ■ Section 210 Game birds defined. For the purpose of this act the following only shall be considered game birds. The anatidae or water fowl, commonly known as geese, brant, swans and river and sea ducks ; The rallidae, commonly known as rails, American coots', mud hens and gallinules; The gallinae, or upland game birds, commonly known as wild turkeys, grouse, prairie chickens, pheasants, partridges and quail. The limicolae, or shore birds, commonly known as woodcock, snipe, plover, surfbirds, sandpipers, tatlers and curlews. § 211. Anatidae or water fowl; open season; limit; manner of taking. 1. Open season. Water fowl, wild and domestic, may be taken from September sixteenth to January tenth, both inclusive. They may be possessed from September sixteenth to January fifteenth, both in- clusive. There shall be no open season for wood duck and swan. 2. Limit. A person may take during the open season, not to exceed twenty- five water fowl in the aggregate of all kinds in one day. Whenever two Conservation Law. 41 or more persons are occupying the same boat, battery or blind, not to exceed forty water fowl in the aggre- gate of all kinds may be taken in one day by such persons. 3. Manner of taking. Water fowl may be taken during the open season from a rowboat, from the land; from a blind or floating device used to conceal the hunter (other than a sail or power boat) when the same shall be within fifty feet of the shore or of a natural growth of flags. § 212. Water fowl; open season; manner of tak- ing; special. 1. Open season. Water fowl on Long Island and the waters adjacent thereto may be taken from October first to January tenth, both inclusive. 2. Manner of taking. Water fowl may be taken by aid of any floating device other than sailboats or power boats, at any distance from shore on Long Island Sound, Shinnecock, Gardiner and Peconic bays, during the open season therefor, and except from October first to October nineteenth, both in- clusive, in Great South Bay west of Smith's Point and east of the Nassau-Suffolk county line. § 213. Rallidae; open season; limit. 1. Open season. Rails, American coots, mud hens and gallinules may be taken and possessed from September sixteenth to December thirty-first, both inclusive. 42 Conservation Law. 2. Limit. A person may take during the open season not to exceed fifteen of such birds in the aggregate of all kinds in one day. Wiienever two or more persons are occupying the aame boat or blind, not to exceed twenty of such birds shall be taken in the aggregate of all kinds in one day by such persons. § 214. Gallinae or upland game birds; open sea- son; limit; quail; grouse; pheasant. Upland game birds may be taken and possessed as follows: 1. Quail. October first to November fifteenth, both inclusive. A person may take not to exceed six quail in one day and thirty-six in the open season. 2. Grouse. October first to November thirtieth, both inclusive. A person may take not to exceed four grouse in one day and twenty in the open season. 3. Wild pheasants. On Thursdays in the month of October and possessed during the said month of October. Only wild male phesants may be taken. A person may take and possess not to exceed three wild male pheasants in the open season. 4. Partridge. There shall be no open season for Hungarian or European gray legged partridge. § 215. Upland game birds; open season, limit, special. Quail, pheasants, and grouse may be taken and possessed on Long Island from November first to December thirty-first, both inclusive. A person Conservation Law. 43 may take not to exceed six male pheasants in any one day and thirty-six in the open season on Long Island. § 216. Limicolae or shore birds; open season; limit. Shore birds may be taken and possessed as follows : 1. Woodcock. October first to November fifteenth, both inclusive. A person may take not to exceed four woodcock in one day and twenty in the open season. 2. Snipe, plover, surfbirds, sandpipers, tatlers and curlews. September sixteenth to November thir- tieth, both inclusive. A person may take not to exceed fifteen shore birds in the aggregate of all kinds in one day. Whenever two or more person^ are occupying the same boat or blind not to exceed twenty-five shore birds may be taken in the aggre- gate of all kinds in one day by such persons. § 217. Shore birds; open season; special. Shore birds may be taken and possessed on Long Island as follows: 1. Woodcock. October fifteenth to November thir- tieth, both inclusive. 2. Snipe, plover, surfbirds, sandpipers, tatlers and curlews. August first to November thirtieth, both inclusive. § 218. Antwerp or homing pigeons. No person shall take or interfere with any Antwerp or homing 44 Conservation Law. pigeon if it have the name of its owner stamped upon its wing or tail, or wear a ring or seamless leg band with its registered number stamped thereon, or have any other distinguishing mark; nor shall any person remove any such distinguishing mark from any such pigeon. § 219. Certain wild birds protected. Wild birds other than t-he English sparrow, starling, crow, liawk, crow-blackbird, snow-owl, great horned ©wl and king- fisher shall not be taken or possessed at any time, dead or alive, except under the authority of a certifi- cate issued under this article. No part of the plumage, skin or body of any bird protected by this section or of any birds coming from without the State, whether belonging to the same or a different species from that native to the state of New York, provided such birds belong to the same family as those protected by this article, shall be sold or had in possession for sale. The provision of this section shall not apply to game birds for which an open season is provided in this article. § 220. Destroying or robbing nests. Nests of wild birds other than the English sparrow, starling, crow, hawk, crow^-blackbird, snow^-owl, great horned owl and kingfisher shall not be robbed or wilfully de- stroyed, except when necessary to protect buildings or prevent their defacement, or when taken under the authority of the commission. Conservation Laiv. 45 § 221. No snares, nets or traps. No wild bird, or bird for which a close season is provided, shall be trapped, netted or snared, or, if so taken, possessed. No net, trap or snare for taking pheas- ants, grouse or quail, shall be set, placed or used where such birds can be taken. Any such net, trap or snare is declared to be a public nuisance, and may be summarily abated and destroyed by any person, and it shall be the duty of every protector to seize and destroy any such device. § 222. Game shall not be taken on certain public lands. Game shall not be taken on the lands pur- chased or condemned by any municipality within the state for the purpose of supplying any munic- ipality with water and protecting the same from pollution and contamination, or on any public high- way, except public highways within the forest pre- serve counties. § 223. Penalties. A person who violates any of the provisions of this part, or who violates or fails to perform any duty imposed by any provisions of this part, is guilty of a misdemeanor, and in addi- tion thereto as follows: to a penalty of sixty dol- lars and an additional penalty of twenty-five dol- lars for each bird, or part of a bird, taken or possessed, or had in possession in violation thereof. 46 Conservation Law. PART STII. Fish. Section 230. Sale of minnows for bait. 231. Bass. 232. Trout. 233. Trout, special. 234. Lake trout and whitefish. 235. Lake trout and whitefish, special. 236. Pikeperch. 237. Pickerel and pike. 238. Sturgeon. 239. Maskalonge. 240. Striped bass. 241. Smelt or icefish. 242. Prohibited; stocking private waters. 243. Prohibited; disturbing bass, trout and lake trout while spawning. 244. Prohibited; thumping. 245. Prohibited; explosives. 246. Prohibited; obstructing streams. 247. Prohibited; polluting streams. 248. Prohibited; polluting waters used by state fish hatcheries. 249. Prohibited; drawing off water. 250. Prohibited; placing fish in certain waters. 251. Prohibited; fishing near fishways. 252. Prohibited; taking fish through the ice in certain waters. Conservation Laio. 47 Section 253. Tip-ups. 254. Set and trap lines. 255. Spearing. 256. Eel weirs and eel pots. 257. Frogs. 258. Penalties. § 230. Sale of minnows for bait. No person shall take minnows for bait with a net, trap or seine or sell minnows so taken without having first obtained a license so to do from the commission. Provided, however, that no license shall be required from a person to take minnows for his own use and not for sale. Minnows shall not be taken within one hundred feet of any dock, pier or boat landing struc- ture along the Saint Lawrence river without the consent of the owner thereof, nor shall they be taken with a net, trap or seine in waters inhabited by trout. § 231. Bass; open season; limit. 1. Open season. Black bass not less than ten inches in length may be taken and possessed from June sixteenth to November thirtieth, both in- clusive. 2. Size of catch. A person may take not to ex- ceed fifteen such black bass in one day, but when- ever two or more persons are angling from the same boat they may take not to exceed twenty-five in one day. 48 Conservation Law. § 232. Trout; open season; limit. 1. Open season. Trout not less than six inches in length may be taken and possessed from May first to August thirty-first, both inclusive. 2. Size of catch. A person may take not to ex- ceed ten pounds of trout in one day. § 233. Trout; open season; special. Trout may be taken and possessed on Long Island .from April first to August thirty-first, both inclusive. Rainbow- trout may be taken and possessed on Long Island from April sixteenth to September thirtieth; both inclusive. § 234. Lake trout and whitefish; open season and size limit; catch; sale of. 1. Open eason and size limit. Lake trout not less than fifteen inches in length and whitefish not less than twelve inches in length may be taken and possessed from April first to September thirtieth, both inclusive. 2. Otsego whitefish; commonly called Otsego bass, not less than nine inches in length may be taken and possessed from January first to October thirty^ first, both inclusive. 3. Size of catch. A person may take by angling not to exceed ten lake trout in one day, but whenever two or more persons are angling from the same boat they may take not to exceed fifteen in one day. Whitefish may be taken in any number or quantity. Conservation Laiv. 49 4. Sale of. Such lake trout and whitefish may- be bought and sold during the open season therefor. § 235. Lake trout and whitefish; open season; special. Lake trout and whitefish may be taken in Lakes Erie and Ontario in any number or quantity at any time, and when so taken may be possessed. § 236. Pike perch; open season; size limit; sale of. 1. Open season and size limit. Pikeperch not less than twelve inches in length may be taken and possessed in any number or quantity from May first to March first, both inclusive. 2. Sale of. Such pikeperch may be bought and sold during the open season therefor. § 237. Pickerel and pike; open season and limit; sale of. 1. Open season. Pickerel and pike in any number or quantity may be taken and possessed from May first to March first, both inclusive, except as herein provided. 2. Limit. In the Saint Lawrence river a person may take in one day not to exceed twelve great northern pike, locally known as " pickerel " not less than twenty inches in length. 3. Sale of. Such pickerel and pike may be bought and sold during the open season therefor. § 238. Shortnosed sturgeon; lake sturgeon; sea sturgeon; open season and size limit; sale of. 1. Open season and size limit. Shortnosed stur- 50 Conservation Lav^. geon not less than twenty inches in length may be taken and possessed from July first to April thir- tieth, both inclusive, in any number or quantity. Lake sturgeon not less than thirty inches in length, and sea sturgeon not less than four feet in length may be taken and possessed in any number or quan- tity at any time. 2. Sale of. Such sturgeon may be bought and sold during the open season therefor. § 239. Maskalonge; open season and size limit; sale of. 1. Open season and size limit. Maskalonge not less than twenty-four inches in length may be taken and possessed from June sixteenth to December thirtj'-first, both inclusive, in any number or quan- tity. No person shall take maskalonge through the ice. 2. Sale of. Such maskalonge may be bought and sold during the open season therefor. § 240. Striped bass; size limit; sale of. Striped bass not less than twelve inches in length may be taken by angling and with nets and possessed and sold in any number or quantity at any time. § 241. Smelt or icefish; open season and size limit; sale of. 1. Open season and size limit. Smelt or icefish Conservation Law. 51 not less than six inches in length may be taken from the inland waters of the state in any nuHiber or quantity at any time. 2. Possession and sale of. Such smelt or icefish may be possessed, bought and sold at any time. § 242. Prohibited stocking private waters. Trout or lake trout shall not be taken from any of the waters of the state for the purposes of stocking private ponds or streams. Provided, however, that any person desirous of aiding the state in the propagation and distribution of trout, may on approval of the com- mission, take trout spawn from public waters for breeding purposes. Trout or spawn so taken shall be returned to public waters of the state. Before permission is given, or trout taken as herein pro- vided, the applicant shall show conclusively that he has facilities for breeding trout, and must exe- cute a satisfactory bond to the people of the state, to be approved by the commission, conditioned that he will not sell, give away, convert to his own use, or otherwise dispose of any trout, or spav/n taken under said permit, and v/iil return the adult and young trout to public waters at such times and places as the commission may designate. § 243. Prohibited; distributing bass, trout, and lake trout while spawning. Bass, trout and lake trout on spawning beds in the close season shall not 52 Conservation Laic. be disturbed, nor shall their spawn or milt be taken from the spawning beds except as provided by the preceding section, and section one hundred and fifty- five. § 244, Prohibited; thumping. Sailing, rowing, pushing or floating in any boat or vessel in a water- way, river, run or channel, bay or sound, or patrol- ling the banks of such waterway, river, run or chan- nel, bay or sound, and stamping, jumping, shouting, pounding, beating or splashing the water, beating or pounding the banks, or boat while a seine or net is set, drawn, held, or used in such waterway, river, run or channel, bay or sound, with intent to drive fish into such siene, or net, which acts are commonly known as thumping, are hereby forbidden. § 245. Prohibited; explosives. Fish shall not be taken by means of explosives. Except for mining or mechanical purposes, dynamite or other explosives shall not be used in any of the waters of this state, or possessed upon the waters, shores or islands thereof. Possession thereof by any person on the waters, shores or islands thereof, of this state shall be presumptive evidence that the same is possessed for use in violation of the provision of this section. § 246. Prohibited; obstructing streams. Except as provided in section two hundred and fifty-six or as directed by the commission, no person shall by Conservation Law. 53 means of any rack, screen, weir, or other obstruc= tion in any creek, stream or river, prevent the passage of fish protected by law. The commission may order such an obstruction to be removed by the person erecting the same or by the owner of the land on which the same is located, by serving on such person or owner a written notice so to do. Failure to comply with the terms of such notice within ten days after service of the same shall be deemed a violation of this section. § 247. Prohibited; polluting streams. No dye- stuffs, coal tar, refuse from a gas house, cheese factory, creamery, condensery or canning factory, sawdust, shavings, tanbark, lime or other deleteri- ous or poisonous substance shall be thrown or al- lowed to run into any waters, either private or public in quantities injurious to fish life inhabiting the same, or injurious to the propagation of fish therein. § 248. Prohibited; polluting of waters used by- state fish hatcheries. No person shall erect or maintain any privy, watercloset, pigsty, hogpen, in- closure for poultry, barn or barnyard in which animals or poultry are kept, or drain from any building or the cellar thereof, where drainage or refuse therefrom will flow into or find its way into water used by any fish hatchery operated by the state, or into any pond, creek or stream used in 54 Conservation Law. connection therewith. Every such privy, water- closet, pigsty, hogpen, enclosure, barn, barnyard and drain is hereby declared to be a public nuisance, and may be summarily abated by the commission. No person shall place sewage or other matter inju- rious to fish where the same can find its way into water used by any fish hatchery operated by the state, or sufi"er the same to be done from, over or through premises owned or occupied by him. § 249. Prohibited; drawing off water. No person shall take fish by shutting or drawing off water for that purpose. No person shall hold back the water in any stream which supplies a state hatchery so as to prevent the necessary flow of sufficient water for hatchery purposes. § 250. Prohibited; placing fish in certain waters. Fish or eggs thereof other than trout, lake trout, frostfish, whitefish and smelt, shall not be placed in any waters of the state inhabited or stocked with trout. No person shall put or place in any public waters of the state fish commonly known as carp, nor shall any person put or place in such wateirs the spawn of such fish or use such fish as bait in the water thereof. § 251. Prohibited; fishing near fishways. The commission shall maintain fifty rods from every fishway erected by the state in public waters on Vonservation Law. 55 both sides of the stream above and below the fish- way, signboards containing substantially the follow- ing notice: "Fifty rods to the fishway; all persons are prohibited by law from fishing in this stream between this point and the fishway." No person shall take fish within fifty rods of any such fishway. § 252. Prohibited; taking fish through the ice in certain waters. No person shall take fish through the ice in waters inhabited by trout. § 253. Tip-ups. Tip-ups may be used, except in waters inhabited by trout, to take bullheads, cat- fish, eels, perch, sunfish, and except during the months of March and April, pikeperch, pike and pickerel. No person shall operate or control at the same time more than fifteen tip-ups. All tip-ups must be marked with the name and address of the owner thereof. § 254. Set and trap lines. Set lines may be used except in waters inhabited by trout to take white- fish, bullheads, catfish, eels, perch, sunfish, carp, mullet and dogfish, provided a permit for so doing shall first be obtained from the commission. Set and trap lines may be used to take sturgeon in any waters during the open season therefor, provided a license for so doing shall first be obtained from the commission. 56 Conservation Law. § 255. Spearing. Spears, grappling hooks, naked hooks or snatch hooks may be used, except in waters inhabited by trout, for taking whitefish, mullet, carp, catfish, dogfish, bullheads, suckers and eels at any time, provided a permit so to do shall first be obtained from the commission. § 256. Eel weirs and eel pots. Eel weirs and eel pots of such form as may be prescribed by the com- mission may be used at any time for taking eels, provided a license for so doing shall first be ob- tained from the commission. Eel weirs shall not be used in waters inhabited by trout. This section shall not apply to w^aters of the marine district. § 257. Frogs. Bullfrogs, green frogs, and spring frogs may be taken in any manner, possessed, bought and sold from June first to March thirty- first, both inclusive. They shall not be taken, possessed, bought or sold at any other time. § 258. Penalties. A person . who violates any of the provisions of this part is guilty of a misde- meanor, and in addition thereto is liable as follows: For each violation of sections two hundred and forty-five, two hundred and forty-seven and two hun- dred and forty-eight, a penalty of five hundred dol- lars, and ten dollars for each fish taken, possessed, bought or sold in violation thereof; of sections two hundred and forty-three and two hundred and forty- ■r.A ■ Conservation Laic. 67 nine to a penalty of sixty dollars, and a penalty of ten dollars for each fish taken or possessed or placed in the waters in violation thereof; of section two hundred and forty-six, a penalty of twenty-five dol- lars, and an additional penalty of ten dollars for each day the order of the commission is not com- plied with. A person convicted of a misdemeanor as provided by any of the provisions of sections two hundred and forty-five, two hundred and forty- seven and two hundred and forty-eight shall be liable to imprisonment for not exceeding one year and in addition to the penalties herein prescribed; for a violation of any of the other provisions of this part for which a penalty is not specifically pre- scribed, or of any rule or regulation of the com- mission, a penalty of twenty-five dollars, and an additional penalty of ten dollars for each fish taken or possessed, bought or sold in violation thereof. PART VIII. NETS AND NETTING. Section 270. Nets to be licensed. 271. Fish which may be taken with nets. 272. Size of mesh. 273. Hauling of nets regulated. 274. Nets to be tagged and buoyed. 275. Prohibited; use of nets in certain waters. 276. Nets in Lakes Erie and Ontario. 58 Conservation Law, ■ Section 277. Niagara river. 278. Nets in Cliaumont bay and adjacent waters. 279. Nets in Hudson and Delaware rivers and adjacent waters. 280. Application of this part. 281. Vessels to carry employees of commis- sion. 282. Nets to be destroyed. 283. Seizure of nets; regulations in certain waters. 284. Penalties. § 270. Nets to be licensed. Seines, gills, fykes, pounds, traps, scaps and other nets or devices may be set or used in any of the waters of the state provided a license so to do shall be first obtained from the commission and not otherwise. Rules regu- lating the use of seines, gills, fykes, pounds, traps, scaps and other nets or devices in any of the waters of the state, and providing for the licensing of such nets, together with a license fee therefor, may from time to time be prescribed by the commission when not inconsistent with law, and such rules shall be filed in the office of the commission. Until amended or superseded as herein authorized, the rules as filed with the secretary of state on the twenty-fifth day of June, nineteen hundred and ten, are continued in force. Conservation Law. 59 § 271. Fish which may be taken with nets. When permitted by the commission lake trout, whitefish, pickerel, pike, pike perch, shad, herring, striped bass, smelt or icefish and sturgeon of all kinds, of the size limit and during the open season therefor as prescribed in part seven of this article, and all fish not protected by law may be taken by nets in waters of the state, in any number or quantity. For the purpose of supervising the taking of fish with nets the commission is empowered to designate from the protectors a superintendent of inland fisheries at a salary of not to exceed twenty-five hundred dollars per annum, and his actual and necessary expenses while in the performance of his official duties, not to exceed one thousand dollars. § 272. Size of mesh. When permitted the size of mesh of nets shall be as follows: 1. Gill or other movable nets used for -taking lake trout or whitefish, not less than two and three- eighths inch bar. For taking Otsego whitefish, com- monly called Otsego bass, not less than one and one- half inch bar. 2. Gill or other nets used for taking fish other than lake trout and whitefish, not less than one and one-eighth inch bar. § 273. Prohibited; use of nets in certain waters. No nets or other devices for taking fish shall be hauled after sunset and before sunrise. €0 Conservation Law. § 274. Nets to be tagged and buoyed. All nets or other devices for taking IibIi permitted under this part shall be buoyed and tagged in such manner as may be prescribed by the commission. § 275. Prohibited; use of nets in certain waters. In waters inhabited by trout tlie use of nets of any kind is prohibited. This prohibition shall not apply to landing nets used to land fish duly hooked by angling or to use of nets by the commission as pro- vided in section one hundred and fifty-five of tliis chapter. § 276. Nets in Lakes Erie and Ontario. Fish, except black bass and maskalonge may be taken with nets during the open season therefor in the waters of Lake Erie, except within one-lialf mile of the shores or islands thereof and witliin five mues of tlie mouth of Cattaraugus creek during "the open season ; and in Lake Ontario, from IMay first to September thirtieth, both inclusive, except within one mile of the sliores or islands thereof and within three miles of the mouth of the Niagara river during the open season ; and from October first to April thirtieth, both inclusive, except within one-half mile of the shores or islands thereof and within three miles of the mouth of the Niagara river, during the open season. § 277. Niagara river. Seines and squat nets may be used to take fish except black bass, laketrout. Conservation Law. 61 whitefisii and maskalonge in the Niagara river in Xovember, December, January and March. Fish ex- cept black bass, pike perch, laketrout, whitefish, pickerel and maskalonge may be taken by seine, machine or trap by citizens of the state in that part of the Niagara river in the town of Lewiston, Niagara county^ during the time when Canadians may lawfully fish with such devices In said river on the Canada side opposite the town of Lewiston, provided a license therefor has been granted by the commission, and provided that laketrout and white- fish must not be taken during November and De- cember. § 278. Nets in Chaumont bay and adjacent waters. Fish, except black bass and maskalonge, may be taken with nets during the open season therefor in the waters and hajs of Lake Ontario, in the county of Jefferson between Horse island in the town of Hounsfield and the town line between the towns of Lyme and Cape Vincent, except the waters within one-half mile of Stoney island. Calf island or of the Galloup islands from October first to May fifteenth, both inclusive. Sturgeon may be taken with stur- geon nets of not less than five inch bar at any time. § 279. Nets in Hudson and Delaware rivers and adjacent waters. Shad and herring may be taken with drifting nets operated by hand only from March fifteenth to June fifteenth, both inclusive, in the 62 Conservation Law. 1 Delaware river and that part of the Hudson river below the dam at Troy and north of Verplanck's Point. No such net shall be set, placed or drawn, or fish taken therefrom between sunset on Friday and sunrise on Monday. Fish, except salmon, black bass, trout, pike perch, and except also during March and April, pickerel and pike may be taken with nets in the Hudson river below the dam at Troy, from September first to May thirtieth, both inclusive. Sturgeon may be taken in the Hudson river with sturgeon nets of not less than five and one-half inch bar, from June first to September first, both inclusive. § 2S0. Application of this part. The provisions of part eight of this article, except sections two hun- dred and eighty-two and two hundred and eighty- three, shall only apply to the taking of fish from Lakes Erie and Ontario, the Hudson river north of Verplanck's Point and the inland waters of the state. § 281. Vessels to carry employees of commission. Any person owning or operating a boat or vessel used for the taking of fish shall, at any time, per- mit game protectors or other employees of the com- mission to board such boats and inspect the cargo or contents, and shall at any time carry such per- sons for the purposes of inspecting nets or the haul- ing of the same, or the taking of fish eggs. Conservation Law. 63 § 282. Nets to be destroyed. Seines, fykes, pounds, traps and other nets not authorized by law, had, set or used in or upon any of the inhmd or tidal waters of the state or on the shores thereof, or islands surrounded by said waters are hereby de- clared to be public nuisances, and shall be sum- marily seized^ abated and destroyed by any game protector or by a private person, or may be sold by the commission at public auction to the highest bidder under rules and regulations established by it; provided, however^ the commission ma7/ direct a game protector to retain certain nets or seines for the use of the state hatcheries. Possession of nets otlier than as provided for by this part at any time by any person vi'ithin five hundred feet of the shores of any v/aters of the state shall be presump- tive evidence that the same were unlawfully used. § 283. Seisure of nets; regulations in certain counties. The reasonable expense of the seizure, re- moval or destruction of any net, pound or other illegal device shall be a county charge against the county in which the same shall be seized, and shall be audited and paid as a county charge on verified statement of the game protector making the seizure, stating the time and place of such destruction, the name of the person or persons employed, the time spent and money paid, if any, therein. The board of supervisors of any county may, by resolution, make such further regulation in the presentation of 64 Conservation Laiv. said statement and tlie destruction of said devices as it may deem proper. § 284. Penalties. Any person violating any of the provisions of any section of this part or of any rule or regulation of the commission prescribed hereunder shall be guilty of a misdemeanor and shall be punishable by a fine of not less than fifty dollars, nor more than two hundred dollars, or by imprisonment for a term of not less' than sixty days nor more than four months, or by both such fine and imprisonment, and in addition thereto shall be li- able as follows: To a penalty of five doilars for each fish taken or possessed in violation thereof. PART IX. FISHWAYS. Section 290. Notice of construction of dam. 291. Fishways ordered. 292. Power of commission to construct fish- ways. 293. Penalties. § ago. Notice of construction of dam. Before the construction of a dam is commenced on any of the inland waters of the state, the plan thereof, and a statement of the name, length and location of the waters' on which the dam is to be built shall be given to the commission by the person, or if by Conservation Laio. 65 public^authority, by the official directing or permit- ting the work. § 291. Fishways ordered. The commission shall by an order entered in its minutes and served by copy on any person or official direct the construction of fishways in proper form in any dam heretofore or hereafter built, or if there be fishways, such changes 'therein as will make them efficient. § 292. Power of commission to construct fishways. In case of the failure, refusal or neglect of any per- son owning, maintaining or constructing a darn to comply with the order of the commission to build, repair or change any fishway, the commission may build, repair or change the same in accordance with the terms of its orders, and in the name of the people recover of such person the expenses of such construction, repairs or changes, and the same shall be a lien on the premises upon which the dam is located. § 293. Penalties. A person who violates any pro- vision of this part, or who violates any rule or order of the commission made under the provisions of this part, is liable to a penalty of five dollars for every day such violation continues. 66 Conservation Law. PART X. MARINE FISHERIES. Section 300. Marine district described. 301. Bureau of marine fisheries. 302. Office and clerical force. 303. Reports relating to shellfish. 304. Leases for cultivation of shellfish; limi-. tations. 305. Collection of rents. 306. Settlement of disputes as to shellfish leases. 307. Provisions for taxation; statement of property; penalty; assessment of tax. 308. Levy and payment of tax. 309. Collection of tax. 310. Sanitary inspection of shellfish grounds. 311. Duties of state commissioner of health. 312. Record and certificate of inspection; no- tice of condition of public shellfish grounds. 313. Prohibited, sale of shellfisli, unless sani- tary condition be certified. 314. Taking oysters in South bay. 315. Blue Point oysters. 316. Oyster beds protected. 317. Dredging and raking for shellfisli. 318. Scallops, size limit. 319. Residents only to take shellfish. Conservation Law. 67 Section 320. Star-fish to be destroyed. 321. Prohibited; taking of lobsters under cer- tain size. 322. Size of openings in lobster traps. 323. Residents only to take lobsters, except in certain waters. 324. Licenses for vessels. 325. Polluting waters. 326. Garbage not to be thrown in certain waters. 327. Prohibited; use of nets in inlets. 328. Prohibited; nets in the Harlem river and adjacent waters. 329. Pachmond county and Raritan bay. 330. Jamaica bay and adjacent waters. 331. Size of mesh in Coney Island creek. 332. Rockaway bay, Jones' inlet and adjacent waters. 333. Recording and fees. 334. Supervisors of Nassau and Suffolk counties. 335. Penalties. § 300. Marine district described. The marine dis- trict shall include all watai'S in and adjacent to Long Island and all tidal waters of the state, except the Hudson river north of Verplanck's Point. § 301. Bureau of marine fisheries. There shall continue to be a bureau of marine fisheries under 68 Conservation Law. the supervision and control of the commission, and under the immediate direction of the deputy in charge of the division of fish and game, who shall administer the afl'airs of such bureau relating to shellfish and shell fisheries, either directly or by such subordinate as the commission may provide and designate for that purpose. § 302. Office and clerical force. The commission may appoint for the bureau of marine fisheries a supervisor of marine fisheries who shall have a salary of three thousand dollars a year and the expenses necessarily incurred by him in the dis- charge of his oiTicial duties not to exceed one thou- sand dollars, a deputy supervisor of marine fisheries who shall have a salary of two thousand dollaVs a year and the expenses necessarily incurred by him in the discharge of his official duties not to exceed one thousand dollars, a cashier who shall also per- form the duties of bookkeeper who shall have a salary of two thousand dollars a year, a surveyor who shall have a salary of two thousand dollars a year and the expenses necessarily incurred by him in the discharge of his official duties not to exceed seven hundred dollars' a year, one confidential secre- tary who shall have a salary of eighteen hundred dollars a year, one or more bacteriologists and such clerical assistants as are actually needed for which appropriation shall have been made by the legisla- ture. The supervisor, the deputy supervisor and the Conservation Lata. 69 cashier shall take and subscribe the constitutional oath of office, and shall each execute and file a bond to the people of the state in the sum of five thousand dollars with sureties approved by the com- mission, conditioned for the faithful performance of their duties and to account for and pay over pur- suant to law, all moneys received by them or either of them in their office. During the absence or in- ability to act of the supervisor, the deputy super- visor shall have and exercise all the power of the supervisor. All the officers and employees of the bureau of marine fisheries shall hold office during the pleasure of the commission. § 303. Reports relating to shellfish. The super- viser shall, on or before the fifth day of each month, make a report to the deputy in charge of the di- vision of fish and game of his proceedings for the preceding calendar month. He shall include in such report a detailed statement of his receipts from all Sources, together with a statement of all land under water disposed of for shellfish cultivation and all such lands surrendered to the state, together with such other facts relating to the matters within his jurisdiction as he may deem necessary. He shall also in like manner make an annual report to the deputy commissioner of the same matters for the year ending with the first day of January preceding. In making the annual reports provided for in sec* tion twelve of the conservation law, the commission 70 Conservatio?i Law. and deputy commissioner in charge of the division of fish and game shall include in such reports in m\ addition to the matters required in said section a statement of all land under water disposed of for shellfish cultivation and all such lands surrendered to the state. § 304. Leases for cultivation of shellfish; letting to be at public auction; re-leasing; reports; mark- ing ground; leases not transferable; summary pro- ceedings; limitations. 1. Leases for cultivation of shellfish. The super- visor, under the direction and supervision of the commission, may lease lands under water for the cultivation of shellfish to persons who have resided in the state one year or more, but oyster beds of natural growth shall not be leased unless the same have for five years failed to produce natural oysters in sufficient quantities to enable persons engaged in the taking thereof, to earn a livelihood by working on such lands. 2. Letting to be at public auction. Before a lease is made notice thereof must be posted for at least three Aveeks in a conspicuous place in the ofiice of the supervisor, in the office of the town clerk and in the post-office nearest to the land applied for. The letting shall be at public auction, to the highest bidder, and the commission shall classify the lands applied for in accordance with their value and fix a minimum price at which the lease may be awarded, but such price shall in no case be less than twenty- Conservation Law. 71 five cents an acre annually and in no case shall term of the lease exceed fifteen years. 3. Re-leasing. On the expiration of any lease or within ninety days prior thereto and upon it being shown to the satisfaction of the commission that the lands described therein have in good faith been used for shellfish cultivation continuously during the preceding term for which such lease was granted, the lessee, owner or holder of said lease shall have the privilege of re-leasing such lands for a period not exceeding fifteen years, upon such terms as may be agreed upon between said lessee and the super- visor, subject to the approval of the commission, but the rental shall in no case be less than twenty- five cents per acre annually. Upon the failure to agree on terms for the re-leasing of such lands, the holder of such original lease shall be allowed an extension of one year for the purpose of removing from the grounds so leased all shellfish belonging to him upon such ground, and such extension shall be made at the terms named in such original lease. 4. Reports. Every person holding a lease or fran- chise Shall report annually to the supervisor, on blanks provided for that purpose, such information as the commission may deem necessary. 5. Marking grounds. A lessee shall immediately mark the grounds leased, by stakes, buoys or monu- ments, which shall be maintained by him, his suc- cessors or assigns during the continuance of the lease. 72 Uonservation Law. 6. Leases not transferable. Leases shall not be trefnsferable in whole or in part, except to persons who might have been original lessees. 7. Summary proceedings. The commission may immediately oust from such lands, tenants whose rent is in arrears or who fail or refuse to report as herein provided, and thereupon the lease held by such delinquent shall become null and void. The provisions of chapter seventeen, title two of the code of civil procedure shall apply and govern the pro- cedure in such cases. 8. Limitations. This section shall not be con- strued as limiting the power of the commissionero of tne land office to grant land under water, but any grant of land actually occupied and in use for cultivation of shellfish shall be subject to the right of the occupant to occupy and use such land for at least two years, and no grant of land by such com- missioners of the land office shall thereafter be used for the cultivation of shellfish, nor shall the public be excluded therefrom for the purpose of taking shellfish. Nor shall it apply to any of the excepted lands named in section three hundred and seven of this chapter. § 305. Collection of rents. The supervisors may, under the direction of the commission, in the name of the people of the state, sue for, collect, compro- mise, compound or satisfy rents which now are or may hereafter be in arrears on leases by the state, II Conservation Laio. 73 of land under water, for the cultivation of shellfish and make such rebates thereon as in his judgment are just and equitable, provided the sum accepted on such compromise or settlement shall in no case be less than twenty-five cents an acre annually. In cases where a grantee or assignee of a grantee of lands for shellfish cultivation is desirous of sur- rendering such lands, the supervisor in his discre- tion shall, in case such person is not indebted to the commission for rentals or otherwise, receive an as- si^aiment of such lands to the state of New York and cause such assignment to be recorded in his office. § 306. Settlement of disputes as to shellfish leases. The supervisor shall have jurisdiction to hear all controversies which have arisen or may arise with regard to the leasing of lands under water for the cultivation of shellfish, and to determine the same upon just and equitable terms to be approved by the commission. § 307. Provisions for taxation; statement of prop- erty; penalty; assessment of tax. 1. Statement of property. All owners, lessees or persons in possession of shellfish grounds within the state of New York, shall, on or before the thirtieth day of September, annually, deliver to the supervisor at his office a statement under oath, specifying the number of acres of shellfish grounds owned, leased 74 Conservation Law. or used by them on the first day of August preced- ing, and the location, description and value thereof and whether held under grant, lease or otherwise, and printed blanks shall be prepared by the com- mission and furnished upon application at the office of the bureau of marine fisheries. But in case an owner, lessee or persons in possession as aforesaid shall have made a previous statement and shall make and file an affidavit of such fact on or before Sep- tember thirtieth in each year, showing that no change has been made in his or their holding as rendered in the previous statement, then such pre- vious statement shall be taken as the statement for the year in which the affidavit is filed. 2. Penalty. In case of the failure of any such person to deliver such statement to said supervisor at his office within the time above specified, or, if any statement so delivered to him shall erroneously state the number of acres subject to the tax herein- after imposed, said supervisor shall make up a statement from the best information he may obtain, and shall add for such default to the tax herein- after provided a penalty of twenty per centum of the amount of such tax. 3. Assessment of tax. The said supervisor shall annually make up and keep a book in his office to be known as the assessment book, in which he shall set down alphabetically the names and addresses of the owners, lessees or persons in possession of all shellfish ground within the state, the number of Conservation Law. 75 acres held or possessed by them and the location thereof as shown by the statements aforesaid, the amount of the tax payable thereon as hereinafter provided, and any penalty thereon; such assessment book shall also contain columns for the date of pay- ment of such tax and the amount of tax and penalty paid. § 308. Levy of tax; notice and grievance; pay- ment of tax; tax in lieu of other taxes; limitations. 1. Levy of tax. For the benefit of the state and for the protection and fostering of the shell fisheries thereof, and the maintenance of an efficient office or bureau, an annual tax at the rate of twenty-five cents per acre shall be levied and assessed upon each and every acre of shellfish ground located within this state owned, leased or possessed by any person whatsoever. The commission shall annually, and before the first day of February, levy and assess the said tax upon the property described in the statement made as aforesaid, setting forth the amount thereof, and any penalty added thereto, in the assessment book, as provided in the last section. 2. Notice and grievance. The commission shall thereupon serve notice on all persons whose lands are so assessed, and on which a tax is levied here- under, which notice shall be in writing and may be served personally or by mailing the same to the last known post-office address of such person, stat- ing that such tax roll has been completed and is on file in the office of the supervisor, the number of 76 Conservation Law. acres so assossed and tlic amount of tlie tax thereon, the penalties incurred, if any, and tlmt on a day therein stated, which sliall be not less than five days from the date of such notice, the supervisor or the deputy in charge of the division of fish and game will hear the complaint of all persons declaring themselves aggrieved thereby, and on such hearing sections thirty-six and thirty-seven of the tax law shall apply so far as the same are applicable and Buch assessment may be reviewed by certiorari in the manner provided in the tax laAV for the review of erroneous or illegal assessments. 3. Payment of tax. Such tax shall be paid to the said commission at the office of the supervisor within sixty days after the first day of February in each year, and he shall give a proper receij)t therefor, and immediately enter such payment upon the assessment book with tho date of payment. Such tax and any penalty thereon sliall be a first lien upon all the property subject thereto, including the shellfish thereon from the first day of February in the year in which such tax is laid. 4. Tax in lieu of other taxes. The tax hereby imposed shall be in lieu of all other taxes on such property, and no other tax except as provided in this article shall be levied or im}K)sod on said shell- fish grounds, or the shellfish thereon, by any au- thority whatever. 5. Limitations. Sections one hundred and fifty, three hundred and six, three hundred and seven. Conservation Law. 77 three hundred and eight, three hundred and nine and three liundred and ten of this chapter do not api>ly to or affect lands under water, held and in possession under colonial patents, or legislative grants, by any town or person in tlie counties of Kings, Queens, Suffolk, Nassau or Kichmond, or to lands under the waters of Gardiners and Peconic bays, ceded by the state to the county of Suffolk, pursuant to chapter three hundred and eiglity-five of the laws of eighteen hundred and eighty-four, as amended by chapter six hundred and forty of the laws of nineteen hundred and six. § 309. Collection of tax. If any tax so laid shall not be paid on or before the first day of April, the said supervisor shall make and issue his warrant, in the name of the commission, for the collection thereof, with interest thereon, at one per centum per month from the day such tax became due and })ayable, and until paid, which warrant shall be delivered to the sheriff of the county within whose jurisdiction the lands are situated, directing such sheriff to collect such tax, together with the penalty and interest, if any, due thereon, together witli liis fees for making such collection, and such sheriff is hereby authorized, empowered and required in de- fault of such payment to sell the property described in such warrant in tlie manner provided by law for a Halo under execution, and to deliver to the pur- chaser thereof a proper deed or assignment, as the 78 Conservation Law. case may be, and such warrant shall immediately" be returned to said supervisor by said sheriff with all his proceedings indorsed thereon, and he shall pay over to said supervisor the money received upon such sale, and said supervisor shall apply the same to the payment of such tax and all interest and ex- penses thereon, including the expenses of such sale, returning any balance that may remain to such owner or owners. All moneys received by said supervisor in payment of taxes and interest thereon shall be accounted for and paid by said supervisor to the state treasurer, for the benefit of the state, within thirty days after its receipt. § 310. Sanitary inspection of shellfish grounds; cancellation of certificate; service of notice; report. 1. Sanitary inspection of shellfish grounds. It shall be the duty of the supervisor within one year from the passage of this act, or within such further time as it may require to complete the same and annually thereafter, to cause to be in- spected and examined by a competent bacteriolo- gist, appointed by the commission, all shellfish grounds and other places within the state from which shellfish are taken, to be marketed and sold for consumption, with a view to ascertaining the sanitary condition of such shellfish grounds and other places, and the fitness of the shellfish in such places, or which are taken therefrom, for use as articles of food. Conservation Law, 79 2. Cancellation of certificate. The commission may, if it deems it necessary at any time, have the whole or any part of such lands and waters in- spected, and if the shellfish thereon are found unfit for consumption, cause a certificate of inspection thereof, theretofore issued, to be canceled on ten days' written notice to the holder. 3. Service of notice. Such notice shall be in writ- ing and shall be served on the person to whom the certificate is issued, and may be served by de- livering the same to him personally or by post by letter addressed to t^ie person on whom it is to be served at his last known place of residence, and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post. When the person is a corporation, notice shall be served by delivering the same or by sending it by post ad- dressed to the office or principal place of business of such corporation. 4. Report. Such bacteriologist shall immediately after each examination and inspection make a re- port thereof to the supervisor of the sanitary con- dition of the various shellfish grounds and other places and their products inspected and examined by him. § 311. Duties of state commissioner of health. For the purpose of making such inspection, the com- mission may request the state commissioner of 80 Conservation Laio. health to designate and assign, and it shall be the duty of the state commissioner of health, upon such application, to designate and assign one or more sanitary inspectors who shall, under the direction of the supervisor of marine fisheries, visit such shellfish grounds and places, and examine them, and the shellfish found thereon or therein, and im- mediately report to said supervisor the result of such examination. § 312. Record and certificate of inspection; fee; termination; revocation; transfer; notice of condi- tion of public shellfish grounds. 1. Record and certificate of inspection. The su- pervisor shall determine from either or both of the reports mentioned, or such other inspection as he may order in the two preceding sections, whether such shellfish grounds and the product thereof are in a sanitary condition. He shall keep or cause to be kept an official record of such examination and inspection, and shall immediately thereafter issue a certificate setting forth the date and the result of such examination and inspection to the owners, lessees or persons in possession of such oyster beds and other shellfish grounds as shall be found to be in good sanitary condition and the product of which shall be found fit for use as food. The said certi- ficate shall also state the name, place of residence and post-office address of the owner, lessee or person in possession of the grounds from which oysters or Conservation Law. 81 other shellfish are taken, or upon which the same have been planted or cultivated, and shall contain a brief description of the said shellfish grounds, their location by lot number, if possible, and the number of acres in each lot or parcel. 2. Revocatioii. The supervisor may revoke any certificate as to any lot or parcel which may there- after become unsanitary, and a new certificate shall in such case be issued for the remaining lots or parcels without fee. 3. Transfer. In case any shellfish grounds or par- cels thereof are sold or leases thereof transferred, a new certificate shall be issued to the purchaser or purchasers thereof upon application to the super- visor. 4. Notice of conditions of public shellfish grounds. The supervisor shall, after examination and inspec- tion of public shellfish grounds, give to the public, notice of the result of such examination and in- spection. Such notice shall be published in a news- paper published in the county and posted in three public and conspicuous places in the town in which said shellfish grounds are located. § 313. Prohibited sale of shellfish unless sanitary condition be certified; certificate to be furnished. 1. Sale of shellfish prohibited unless sanitary con- dition be certified. After such notice or report of sanitary condition as prescribed in sections three hundred and ten, three hundred and eleven and r 82 Conservation Law. three hundred and twelve of this chapter, has been given, any person who shall ship, sell, cause to be sold, or offer or expose for sale, within this state, lor consumption as food, any oyster or other shell- fish taken from shellfish grounds or places within the jurisdiction of or forming part of the state of New York, which have not been so certified to be in good sanitary condition and the product of which has not been so certified to be fit for use as food, shall be guilty of a misdemeanor. 2. Certificate to be furnished. The supervisor, at the request of any person interested, shall furnish a certificate of the result of any such examination where the shellfish are reported as not fit for con- sumption. Every certificate, duly signed and acknowledged, of a bacteriologist or other expert employed by the commission or any analysis, ex- amination or inspection made by such bacteriologist or expert with respect to any matter or product which the commission has authority to examine, or cause to be examined, shall be presumptive evidence of the facts therein stated. § 314. Taking oysters in South bay. Oysters, spawn or shells shall not be taken from South bay in Suffolk county from the public waters of this state from May thirty-first to September first, both inclusive; or taken between sunset and sunrise at any season. Oyster shells taken from the public waters of said bay in said county shall be returned Conservation Law. 83 to the water where taken within ten minutes after being taken. Blade or scraper tongs, commonly known as dredges, used to take shellfish shall not be used on public lands in waters of said bay in said county. This section is subject to the provisions of section three hundred and thirty-four of this article. § 315. Blue point oysters. No person, firm or cor- poration shall sell or offer for sale any oysters, or label or brand any package containing oysters for shipment or sale, under the name of blue point oysters, other than oysters that have been planted and cultivated at least three months in the waters of Great South bay in Suffolk county. § 316. Shellfish beds protected. Shellfish shall not be taken from sunset until sunrise. No person shall take, carry away, interfere with or disturb oysters or clams of another lawfully planted or cultivated, or remove any stakes, buoys or boundary marks of a planted or cultivated bed. The possession of dredges, rakes or tongs overboard on any such beds shall be deemed prima facie evidence of a violation of this section. § 317. Dredging and raking for shellfish. Dredges for taking of shellfish from public or unlcased lands shall not be operated from any boat propelled other- wise than by sail or oars. 84 Conservation Laiv. § 318. Scallops; size limit. Scallops shall not be taken from public lands or possessed, if less than one year old and measuring less than .two inches in greatest diameter. ■! § 319. Resident only to take shellfish. No persoa who has not been an actual resident of this state for six months immediately prior to the time of engaging in the taking of shellfish, shall take shell- fish from the public lands in or under the waters of this state. Nothing in this section shall apply to a person who may be employed as a deck hand, engineer or fireman on a boat whose captain or owner may be a lawful resident. § 320. Starrfish to be destroyed. Starfish and other natural enemies of shellfish shall be destroyed when taken, and shall not be returned alive to the waters of the state. § 321. Prohibited; taking of lobsters under certain size. Lobsters less than four and one-eighth inches measured on the carapace shall not be taken, pos- sessed or sold. No person shall at any time take any female lobsters in spawn or with eggs attached, unless upon the written order of the state fish cul- turist or the supervisor. § 322. Size of openings in lobster traps. All lob- ster traps constructed or used after the thirty-first Vonservation Law. »a day of December, nineteen hundred and fourteen, shall have the laths not less than one and one-half inches apart. The space between such laths must remain clear and undiminished. § 323. Residents only to take lobsters, except in certain waters. No person who has not been an actual resident of this state for six months im- mediately prior to the time of engaging in the tak- ing of lobsters, shall take lobsters from the public waters of the state, except that in the public waters of the state lying to the north and east of a line drawn from Gardiner's Point to Orient Point and thence extended in the same direction until it intersects with the state boundary line between New York and Connecticut, licenses to take lobsters may be issued to non-residents upon payment of the following fees: For boats of ten or more tons measurement, thirty-five dollars; for boats of five to ten tons measurement, twenty-five dollars; for all other boats, twenty dollars, except that for boats carrying one man only the license fee shall be fifteen dollars. Such boats, when so licensed, shall carry displayed upon them the license number, of such size and placed in such position upon the boat or rigging as may be prescribed by the commission. Such licenses shall not be transferable and shall be con- ditioned that the holder shall observe the fishery laws of this state, and shall at any time and with- out delay permit protectors and peace officers of 86 Conservation Law. this state to board such boats and inspect the cargo or contents. All such licenses shall expire upon the thirty-first day of December following the date of issue, and any license may be revoked at any time at the pleasure of the commission. § 324. Licenses for vessels; non-residents; unlaw- ful use of food fish. 1. There shall be a license fee of fifty dollars per annum for each steam vessel of fifty tons or over and twenty-five dollars for every other ves- sel engaged in fishing with nets in the tidal waters of the state, for the purpose of making oil or fertilizer from the fish product taken. The owner or owners, lessee or lessees, or persons operating, running, managing or fishing with any such vessel, using the same in fishing with nets in the tidal waters of the state for the purpose of making oil or fertilizer from fish products taken, who shall not before engaging in such business procure of the commission such license as herein provided, shall be guilty of a misdemeanor and punishable by a fine of not less than three hundred dollars for each offense. 2. Non-residents. Non-residents of the state en- gaged in fishing with nets in the tidal waters of the state for food fish shall be required to pay a license fee of five dollars to the state for each vessel ■{ used in fishing with nets in such waters. A non- resident using any vessel for the purpose of taking Conservation Laiv. 87 fish with nets from the tidal waters of the state, or within three nautical miles of the coast line, without first having obtained from the commission the neces- sary license or licenses as herein provided, is guilty of a misdemeanor and shall be liable to a penalty of one hundred dollars, and to an additional penalty of twenty-five dollars for each vessel so used. 3. Unlawful use of food fish. It shall be unlawful for any person, corporation, copartnership or firm to engage in taking food fish for the purpose of rendering the same into oil or fertilizer, and any such person, corporation, copartnership or firm tak- ing food fish for such purpose shall be guilty of a misdemeanor and punishable by a fine of not less than one hundred dollars for each offense. § 325. Polluting waters. Sludge, acid or refuse from oil works, sugar houses or other manufactories, except refuse from the manufacture of oil from menhaden or other fish, sewage or any substance injurious to oyster culture or fish, shall not be placed or allowed to run into waters of the state in the marine district, and upon it appearing to the satisfaction of the supervisor that oyster beds or such waters have become polluted from one or more cf these causes, it shall be his duty to cause com- plaint to be made in a criminal action against the person or persons so offending, and such person or persons so offending shall also be liable in damages 88 Conservation Law. to persons injured, in addition to the penalties here- inafter provided. § 326. Garbage not to be thrown in certain waters. Garbage, cinders, ashes, oils, acids, sludge or refuse of any kind shall not be thrown, dumped, or per- mitted to run, from any vessel into any bay or harbor, or into Long Island sound within two miles of the shore west of a line drawn from Old Field point due north to the boundary line between New York and Connecticut. § 327. Prohibited use of nets in inlets. Nets shall not be set, placed or maintained in Rockaway inlet, Jones' inlet, Zack's inlet or Fire Island inlet within an inshore radius of one-half mile of the mouth of any such inlets. The point from which such measurement is to be taken shall be the centre of the channel where such channel crosses the bar at the mouth of said inlet. § 328. Prohibited; nets in the Harlem river and adjacent waters. Nets other than nets used for catching lobsters or crabs shall not be used in the Harlem river. East river or Long Island sound from Hell Gate to the northern boundary line o2 the city of New York or in any of the bays, creeks or con- fluent brooks within said limit. Conservation La\l\ 89 § 329. Richmond county and Raritan bay. Fish, except shad, in Raritan bay or waters adjacent thereto in Richmond county shall not be taken ex- cept by angling. Shad shall not be taken except by drifting shad nets from March fifteenth to June fifteenth, both inclusive. § 33O" Jamaica bay and adjacent waters. Nets shall not be set, placed or maintained in the arm of tlie sea between Rockaway point and Coney Island or any waters northerly of a line drawn from the extreme westerly point of Rockaway point on the south side to the municipal bath houses on Coney Island, including Jamaica, Flatlands, Grassey and Sheepshead bays and all other bays and inlets in or making out from said arm of the sea. The inlets from the ocean to said bays shall not be obstructed by any device so as to prevent the passage of fish at any time, provided that nets may be used from October tenth to December thirty-first in that part of said waters lying southerly of Barren island and toward the sea from a line drawn from the most southerly point of Barren island to the noi'theasterly point of Rockaway point and a line drawn from the most westerly point on Barren island to the most easterly point of Coney Island. Refuse and debris may be taken wath nets having meshes with not less than a six-inch bar. Minnows or shrimp for bait may be taken by hand nets not more than 90 Conservation Law. forty feet long and four feet deep. Eels may be taken with a spear or eel weir. § 331. Size of mesh in Coney Island creek. The mesh of nets used in Coney Island creek, or within one-half mile of the mouth thereof in Gravesend bay, shall not be less than four inches square. Eel and flounder hoop nets may be used from October fifteenth to March tliirty-first, both inclusive, pro- vided there be in said creek at low tide a passage unobstructed by nets not less than ten feet wide for the passage of boats and fish, and provided that all stakes used in connection with said nets shall shov/ plainly above the water at high tide. § 332. Rockaway bay, Jones' inlet and adjacent waters. Nets shall not be set, placed or maintained in Far Rockaway bay, Jones' inlet or waters adjacent theretO; west of a line drawn from the easterly end of Goose island south to Zack's inlet life saving sta- tion. This section shall not apply to nets used only for taking lobsters or crabs; or hand nets not more than forty feet long to take minnows, menhaden, killics, spearing, or shrimp for bait, provided a li- cense to take such bait shall be first obtained pur- suant to the provisions of section two hundred and thirty of this article. § 333. Recording and fees. All franchises, grants and leases of lands for shellfish culture, and assign- Conservation Laio. 91 monts thereof, shall be recorded in the oflice of the supervisor, and all records thereof, theretofore or hereafter made, in such office or in any public office, and copies of such records when duly certified by the officer having the custody thereof, shall be admitted in evidence in any action or proceeding^ civil or criminal, in which they are material. Fees shall be paid to the state and collected by the supervisor as follows, to wit, for the filing of each application for a grant or lease of land under M^ater, twenty-five cents; for recording each instrument of lease, grant or assignment, one dollar; for each copy of any record of said office furnished, ten cents a folio; for each relocation survey^ seven dollars per day for the time occupied, together with the actual travel- ing expenses of the surveyor. Any person requiring an original or relocation survey shall furnish a vessel at the place where such survey is to be made, and tlie necessary assistance to do the work, at his own expense. § 334. Supervisors of Nassau and Suffolk counties. The board of supervisors of the counties of Nassau and Suffolk may respectively pass laws not incoii- sistent with the provisions of this article regulating and controlling the taking of fish, and shellfish in arms of the sea and fish bait from public lands of such counties, and prescribe what violations thereof shall be punishable as misdemeanors and impose pen- 8!2 Conservation Law. alties, the same to be enforced under the provisions of article three of this chapter. § 335- Penalties. A person who violates any pro- visions qf sections three hundred and thirteen to three hundred and twenty-three, both inclusive, and sec- tions three hundred and twenty-five to three hun- dred and thirty-three, both inclusive, of this' article is guilty of a misdemeanor and shall be punished by a fine of not less than fifty dollars nor more thaji one hundred dollars or by imprisonment in a county jail or penitentiary for not less than one day for every dollar of such penalty or by both such fine and imprisonment; and for each, violation of sec- tions three hundred and twenty-one and three hun- dred and twenty-five to an additional penalty of ten dollars for each fish or Crustacea taken or possessed in violation thereof. PART XI. PRIVATE PARKS. Section 3G0. Laying out private parks. 361. Notices in private parks. 362. Protection of private lands not parks. 363. Notices furnished. 264. Signs not to be defaced. 365. Fish and game protected. 366. Penalties. § 360. Laying out private parks. A private park for the propagation and protection of fish, birds or Conservation Laio. 93 game may be established by an owner or person hav- ing the exclusive right to hunt or fish on land or land and water, by publishing once a week for not less than four weeks in a newspaper printed in the county where such land or land and water are situ- ated, a notice substantially describing the same and stating tluit it will be used as a private park to propagate and protect fish, birds or game. Part of a lake or pond may be laid out in a private park, if all riparian owners, including owners of the bed thereof, consent thereto in writing. If the state of New York be such owner such consent may be given by the commission. But waters stocked with fish by the state at any time after April seventeenth, eighteen hundred and ninety-six, shall not be laid out in any such park. If waters or lands are here- after stocked by the state with fish or game with the consent or knowledge of the owner, the pro- visions of this part shall no longer apply thereto. § 361. Notices in private parks. Notice or sign- boards not less than one foot square warning all persons against hunting or fishing or trespassing thereon for that purpose, shall be conspicuously posted and maintained on a private park as follows: If it consists entirely of land, not more than forty rods apart along the entire boundary thereof; if it consists of land and water, at least one notice for 94 Conservation Law. each one hundred acres thereof; if it consists of a lake or pond only, in at least four conspicuous places on or near the shore thereof; if it consists of a stream only, not more than one-half mile apart on the banks thereof. If a park be fenced, upon part or the whole of the outer boundary thereof, notices shall be placed on or near the fence not more than forty rods apart. It shall also be considered due service of notice for trespass upon any person or persons, by serving them personally in the name of the owner or owners of such private park witli a written notice containing a brief description of the premises, warning all persons against hunting or fishing or trespassing thereon. § 362. Protection of private lands not parks. An owner or person having the exclusive right to hunt or fish upon inclosed or cultivated lands, or to take fish in a pond or stream and desiring to protect the same, shall maintain such notices or signboards, as are described in the preceding section, upon every twenty-five acres of the premises sought to be pro- tected upon or near the lot lines thereof, and one sign at each corner thereof, or if waters only, upon or near the shores thereof in at least two conspicu- ous places, or may personally serve a written notice in the name of such ovv-ner or person containing a brief description of the premises warning all per- sons against hunting or fishing or trespassing thereon for that purpose. Conservation Law, 95 § 363. Notices furnished. Upon written applica- tion to the commission accompanied by one dollar for every ten notices or part thereof applied for, printed notices may be furnished by the commission. § 364. Signs not to be defaced. A person who injures, defaces or removes a notice or signboard, placed or maintained pursuant to the provisions of this article, is guilty of a misdemeanor, and liable to a penalty of twenty-five dollars. § 365. Fish and game protected. No person shall take or disturb fish, birds or game on any private park or private lands or trespass thereon for that purpose, after notice as prescribed in this part. § 366. Penalties. A person who violates any pro- vision of this article is guilty of a misdemeanor, and shall be subject to exemplary damages in the sum of twenty-five dollars for each offense or tres- pass to be recovered by the owner of the lands, or hunting and fishing rights thereon, with costs of suit, in addition to the actual damages, all of which may be recovered in the same action. The consent in writing of such owner to hunt or fish on said lands during the open season shall be a defense to a prosecution under this section. 96 Conservation Law. PART XII. BREEDING, IMPORTATION AND SALE OF FISH AND GAME. Section 370. Lake trout and other fish; transporta- tion of; sale during close season. 371. Sale of trout raised in private hatch- eries. 372. Breeding of elk, deer, pheasants' and ducks. 373. Certain mammals and birds may be im- ported from without the United States and sold. 374. Fees. 375. Storage of fish. 37G. Penalties. Section 370. Lake trout and other fish; transpor- tation of; sale during close season. Fish that may be lawfully sold under the provisions of this article, if lawfully taken in another state or country, may be transported into this state and possessed during the open season prescribed by this article. Provided, however, that no person shall transport into this state, or possess, any fish caught in that portion of Lake Champlain or its tributaries known as Mis- sisquoi bay, lying and being in the province of Quebec, or the Richelieu river, which is the outlet of said lake, at any time. During the close season Conservation Laio. 97 therefor any person may buy, possess and sell lake trout, whitelish, pickerel, pike, pike perch, short- nosed sturgeon and striped bass taken without the state, provided, however, such person shall keep a book of record in which he shall enter the name, residence and post-oflice address of every person from whom he shall buy, sell to or ship such fish and will at all times permit the commission, or any member or officer thereof, a full examination of his books and papers relating to tlie purchase and sale of fish, and will, when required by the commission, furnish the original invoice or invoices, freight or express receipts used in the transportation thereof. § 371. Sale of trout raised in private hatcheries. Any person desiring to engage .in the business of propagating and selling trout raised in a private hatchery may make application in writing to the commission for a permit so to do. The commission, when it appears that such application is made in good faith, shall issue to such applicant a hatchery permit to propagate, raise and sell trout during the entire calendar year, provided, however, that before any trout shall be transported, sold or offered for sale, the same shall be dulj^ tagged under regulations prescribed by the commission. Upon obtaining a like permit, trout raised in a private hatchery with- out the state, may be possessed and sold within this state, provided the same shall be tagged as pre- 98 Conservation Law. scribed under rules and regulations of the commis- sion. § 372. Breeding of elk, deer, pheasants and ducks; license; manner of killing; tagging; transportation; sale; reports; fencing; revocation of license. 1. License. Any person desiring to engage in the business of raising and selling domesticated Ameri- can elk, white-tailed deer, European red deer and fallow deer, roebuck, pheasants, mallard ducks and black ducks, or any of them, in a wholly enclosed preserve, or entire island, of which he is tlie o\v^ner or lessee, may make application in writing to the commission for a license so to do. The commission, when it shall appear that such application is made in good faith, shall, upon the payment of a fee of five dollars, issue to such applicant a breeder's li- cense permitting such applicant to breed and raise domesticated American elk, white-tailed deer, Euro- pean red deer and fallow deer, roebuck, pheasants, mallard ducks and black ducks, or any of them, on such preserve or entire island, and to sell the same alive at any time for breeding or stocking purposes and to kill and transport the same and sell the carcasses thereof for food as hereinafter provided. Such license shall expire on the last day of Decem- ber in each year at midnight. 2. Manner of killing. Any person to whom such a license shall have been issued may kill such elk, deer, pheasants or ducks in the manner and at the times herein set forth, us follows: Elk or deer may Coin'iervation 'Lhic. 99 be killed by shooting, or otherwise, between the first day of October and the first day of March, both in- clusive. Pheasants may be killed by shooting, or otherwise, between the first day of October and the thirty-first day of January, both inclusive. Mallard ducks and black ducks may be killed, otherwise than by shooting, from the first day of October to the tenth day of January, both inclusive. Any person may possess or sell such elk, deer, pheasants or ducks for food as hereinafter set forth. A breeder of pheasants under a license, as herein provided, may, during the month of February, kill by shoot- ing his surplus cock pheasants, provided he shall first obtain a license from the commission so to do. 3. Tagging. No elk, deer, pheasants or ducks, killed as aforesaid and intended for sale, shall be shipped, transported, sold or offered for sale, unless each quarter and each loin of each carcass of such elk or deer, and each pheasant or duck shall have been tagged under the supervision of the commis- sion with an indestructible tag or seal, which shall be supplied by the commission. The quarters and loins of the carcass of such elk or deer, and the car- casses of such pheasants or ducks, when tagged as aforesaid, may be possessed, sold or offered for sale between October first and March first, both inclusive. Every game protector or person designated by whom such elk, deer, pheasant or ducks shall have been tagged, shall, within five days thereafter, make and file with the commission a written report thereof, 100 Conservation Laic. which shall contain a statement of the name of the person by whom such elk, deer, pheasants or ducks were bred or raised and killed; the number of such elk, deer, pheasants or ducks so killed, and the name of the person or persons to whom such elk, deer, pheasants or ducks were sold, or to whom they were transported. 4. Transportation. Common carriers may receive and transport during the open season therefor car- casses, or parts thereof, of elk, deer, pheasants or ducks tagged as aforesaid, but to every package con- taining such carcasses, or parts thereof, shall be affixed a tag or label, upon which shall be plainly printed or written the name of the person to whom such license was issued and by whom sucli elk, deer, pheasants or ducks were killed, the name or names of the person or persons to whom such elk, deer, pheasants or ducks are to be transported; the name of the game protector or other person by whom such elk, deer, pheasants or ducks were tagged; the number of carcasses or portions thereof contained therein, and that the elk, deer, pheasants or ducks were killed and tagged in accordance with the provisions of this section. 5. Sale. No person shall sell or offer for sale any venison or birds killed and tagged as aforesaid with- out first obtaining a license so to do from the com- mission, upon such terms and conditions as the com- mission may prescribe, and any such license may be revoked at the pleasure of the commission. The Conservation Law, 101 said tags or seals shall remain affixed as aforesaid until the quarters or loins of such elk or deer, or the carcasses of such pheasants or ducks shall have been wholly consumed, and the sale of a quarter, loin, or any larger portion of any such elk or deer, or the carcass of any such pheasant or duck, which shall not at the time have affixed thereto the tag or seal aforesaid, shall constitute a violation of this section, provided, however, that the keeper of a hotel, a restaurant, a boarding house or a retail dealer in meat or a club, may sell portions of a quarter or loin of any such elk or deer, or of the carcass of any such pheasants' or ducks so tagged or sealed as aforesaid, to a patron or customer for actual con- sumption, and no license shall be required of such person or club. 6. Reports. On or before the fifteenth day of April of each year every person, to whom a license shall have been issued as aforesaid, shall make a report to the commission covering the period from the first day of October to the first day of March preceding, which said report shall state the total number of elk; deer, pheasants, mallard and black ducks killed, sold or transported, as permitted by the provisions of this section, during said period. Such reports shall set forth the name of the per- son to whom such elk, deer, pheasants or ducks were sold or transported; the name of the game protector or person designated in whose presence such elk, deer, pheasants or ducks were tagged, and such re- 102 Conservation Law. • ports shall be verified by the affidavit of the person to whom such license was issued, or if the license was issued to a corporation, then by an officer thereof. 7. Deer preserves to be fenced. A preserve used for the breeding of elk or deer, pursuant to this section, shall be surrounded by a fence of wire or other material of a pattern to be approved by the commission of a height not less than seven feet. 8. Revocation of license. If any person to whom any such license shall have been issued shall be convicted of a violation of the fish and game law, the commission may revoke the license of such per- son, and thereafter no similar license shall be issued to such person. § 373- Certain mammals and birds may be im- ported from without the United States and sold. The unplucked carcasses of pheasants of all species, Scotch grouse, European black-game, European black plover,' European red-legged partridge, Egyptian quail, and the carcasses of European red deer, fallow deer and roebuck may be imported into this state from without the United States and sold therein at any time, provided, nevertheless, that immediately upon their importation and before they shall have been sold by the importer, there shall be affixed to each bird and to each quarter and each loin of each deer a tag or seal in the manner provided by section three hundred and seventv-two. The said ■ Conservation Laiv. 103 tags or seals shall remain, as aforesaid, until the quarters and loin of such deer, and each bird to which it shall be affixed shall have been consumed, and the sale of any quarter, loin or larger portion of such deer, or of any portion of such bird which shall not at the time have affixed to it the tag or seal aforesaid shall constitute a violation of this section. Provided, nevertheless, that the keeper of a hotel, a restaurant, a boarding house or a retail dealer in meat or a club may sell portions of a quarter or loin of any such deer so tagged, or por- tions of any birds so tagged to a guest, customer or member for consumption. No dealer other than the keeper of a hotel, a restaurant, a boarding house or a retail dealer in meat or a club shall sell or offer for sale any such game imported and tagged as aforesaid without first obtaining a license so to do from the commission upon such terms and con- ditions as the commission may prescribe. Such li- cense shall expire on the last day of December in each year at midnight unless sooner revoked by the commission. § 374. Fees. The commission shall be entitled to receive and collect for each tag or seal affixed to the carcass of any animal or bird, as provided by sections three hundred and seventy-two and three hundred and seventy-three, the sum of five cents and the sum of three cents for each tag or seal 104 Conservation Laic. affixed to each trout as provided by section three hundred and seventy-one hereof. § 375« Storage of fish. Any dealer in fish, duly licensed as herein provided, may hold during the close season, in a store house to be designated by the commission, such part of his stock of fish as he has on hand undisposed of at the beginning of the close season. Such dealer shall give a bond to the people of the state conditioned that he will not, during the close season ensuing, sell, use, give away, or otherwise dispose of any fish which he is permitted to possess during the close season; that he will not in any way, during the time when such bond is in force, violate any provision of this ar- ticle; the bond may also contain such other pro- visions as to the inspection of the fish possessed, as the commission shall require, and shall be subject to the approval of the commission as to amount and form thereof, and the sufficiency of the sureties. But no presumption that any fish is lawfully pos- sessed under the provisions of this section shall arise until it affirmatively appears that the pro- visions thereof have been complied with. § 376. Penalties. A person who violates or fails to perform any duty imposed by any of the pro- visions of this part is, except as provided in section two hundred and eleven, guilty of a misdemeanor, and is liable to a penalty of sixty dollars and an Conservation Law* ;105 additional penalty of twenty-five dollars for each fish, bird, or quadruped or part of fish, bird or quadruped bought, sold, offered for sale, taken, pos- sessed, transported or had in possession for trans- portation in violation thereof. PART XIII. DEFINITIONS AND CONSTRUCTION. Section 380. Definitions. 381. Application of article. 382. Construction. 383. Kepeal. 384. Time of taking effect. Section 380. Definitions. The following words and phrases used in this article are defined as fol- lows. 1. "Commission" is synonymous with conserva- tion commission. 2. Gender and number shall be disregarded in construing this article whenever it is necessary to carry out the spirit thereof. 3. " Person " includes a copartnership, joint-stock company or corporation. 4. "Open season" is the time during which fish, fowl, birds and quadrupeds may be taken. If in accordance with the provisions of this article the open season commences or ends on Sunday, it shall 106 Conservation Law. be deemed to commence or end as the case may be on the Saturday immediately preceding such Sunday. 5. " Close season " is the time during which fish, fowl, birds and quadrupeds cannot be taken. 6. " Fish." Fish includes " fish protected by law," " fish protected by this article," and *' food-fish." Whenever the words " fish protected by law " or " fish protected by this article " are used, reference is had only to fish for which a closed season or size limit is provided. Whenever the words " food- fish " are used, reference is had to all species of edible fish. 7. " Game " includes wild game, domestic game and imported game. 8. " Wild game " includes all game birds as de- fined and mentioned in section two hundred ten, and all quadrupeds for which a close season is pro- vided, excepting quadrupeds mentioned in sections one hundred ninety-eight, one hundred ninety-nine and two hundred. 9. " Domestic game " includes quadrupeds and birds mentioned in section three hundred seventy- two. 10. " Imported game " includes quadrupeds and birds mentioned in section three hundred seventy- three. 11. "Wild deer" includes all deer not lawfully held in private ownership in a preserve wholly en- closed by a fence, as provided by oection three hun- dred seventy- two hereof. Conservation Law. 107 12. " Grouse " includes ruffed grouse, partridge and every member of the grouse family. 13. "Trout" includes speckled trout, brown trout, rainbow trout, red-throat trout and brook trout. 14. " Lake trout " for the purposes of this article includes landlocked salmon and ouananische. 15. " Black bass " includes Oswego bass. 16. " Pickerel " and " pike " include the great northern pike, commonly called pickerel, pond pick- erel, chain pickerel, grass pickerel and banded pickerel. 17. " Pikepercli " includes wall-eyed pike, com- monly called pike and yellow pike. 18. " Shell fish " includes oysters, scallops and all kinds of clams. 19. " Pheasants " includes Hungarian dark-necked pheasant, ring-necked, commonly called English, Mongolian or Chinese pheasant. 20. "Angling " means taking fish by hook and line in hand or rod in hand; or if from a boat not ex- ceeding two lines with or without rod to one person. 21. " Hooking " is defined to mean taking or at- tempting to take fish not attracted by bait or arti- ficial lure, by snatching with hooks, whether baited or unbaited, gangs or similar devices. 22. " Plumage " includes any part of the feathers, bead, wings or tail of any bird, and wherever the word occurs in this article reference is had to plumage of birds coming from without the state as well as to that obtained within the state, but 108 Uonservatton Law. it shall not be construed to apply to the feathers of birds of paradise, ostriches, domestic fowl or domes- tic pigeons. 23. Wliere lands are referred to as " enclosed " or " wholly enclosed " the boundary may be indicated by wire, ditch, hedge, fence, road, highway, water or by any visible or distinctive manner which indi- cates a separation from the surrounding contiguous territory, except as otherwise provided. 24. " Inhabited " means a permanent occupancy by a species as contrasted with a temporary presence of an occasional individual. 25. " Xets " includes seines, gill nets, pound nets, trap nets, scap nets, fyke nets, dip nets, scopp nets and stake nets. 26. " Taking " includes pursuing, shooting, hunt- ing, killing, capturing, trapping, snaring and netting fish and game, and all lesser acts sucli as disturb- ing, harrying or worrying, or placing, setting, draw- ing or using any net or other device commonly used to take fish and game, whether they result in taking or not; and includes every attempt to take and every act of assistance to any other person in taking or attempting to take fish or game. A person who counsels, aids or assists in a violation of any of the provisions of tliis article, or knowingly shares in any of the proceeds of said violation by receiving or possessing either fish, birds or game shall be deemed to have incurred the penalties provided in this article against the person guilty of such viola- 1 Conservation Law. 109 tion. Whenever taking is allowed by law, reference is had to taking by lawful means and in lawful manner. § 381. Application of article. Whenever in this article the possession, purchase or sale of fish or game or the flesh of any animal, bird or fish is prohibited, reference is had equally to such fish, game or flesh coming from without the state as to that taken within the state. § 382. Construction. This article is intended to be a restatement of existing law with such changes as clearly appear. The term of office of all the present employees of this commission in the de- partment of fish and game shall not be affected, except as herein specifically provided. Nothing in this article shall be construed as amending or re- pealing any provisions of the criminal or penal law. § 383. Repeal. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. § 384. Time of taking effect. This article shall take effect immediatelv. 110 Conservation Law. SCHEDULE OF LAWS REPEALED. Laws of Chapter Sections 1909 24 1-8 inclusive, 11-18 in- clusive, 28-33 inclu- sive, 76-112 inclusive, 114-135 inclusive, 141- 166 inclusive, 165a, 174a, 167-186 inclu- sive, 189-194 inclusive. 205, 206, 209, 225, 240- 244 inclusive. 1909 . 474 All [ that part of section one add- ing or amending the following sections: 2, 4, 11, 13, 14, 76, 77, 78, 82, 84, 88, 91, 92, 98, 106 , 109, 117, 124, 126, 134, 146^ , 150, 152, 153, 240. 1909 . 533 All. 1909 . 240 28, 29, 30. 1910 . 256 1, 2. 1910 . 655 All. 1910 . 656 All. 1910 . 657 1, 2, 4. 1910 . 663 All. 1910 . 664.... All. 1910 . 675 All. 1911 . 170.... All. 1911 . 171.... All. 1911 . 188.... All. Conservation Law. Hi Laws of Chapter Sections 1911 238 All. 1911 299 All. 1911 312 All. 1911 377 All. 1911 378 All. 1911 423 All. 1911 438 All. 1911 508 All. 1911 530 All. 1911 580 All. 1911 582 All. 1911 583 All. 1911 589 All. 1911 590 All. 1911 591 All. 1911 592 All. 1911 627 All. 1911 635 All. 1911 636....... All. 1911 647 150-178 inclusive. 1911 854 All. INDEX TO CONSERVATION LAW RELATIVE TO FISH AND GAME. A. Sec. Page. Acts, repealed by this chapter 383 110, 111 Additional protection to fish and game. . . . 152 6 petition for such protection 152 6 notice of hearings thereon 152 7 power of Commission to grant addi- tional protection 152 7 notice of prohibition or regulation .... 152 7 penalties for violation of rule of Com- mission 152 8 Alien, how liable for violating certain pro- visions 187 32 fee to be paid by, for hunting license. 185 26 Angling, fish protected by law, to be taken only by, unless otherwise specifically permitted 177 20 defined 380 107 Anatidae, what included in 210 40 Antelope, no open season for 194 35 open season for, in private parks 194 35, 36 Antwerp pigeons, when not to be taken or interfered with 218 43, 44 Application of Part III (nets and netting) . 280 62 of law 381 109 Assessment of shellfish property 307 74 Assistant Chief Protectors, to continue as division chiefs 165 14 B. Bass. (See Black Bass.) not to be sold or offered for sale 176 20 prohibited, disturbing on spawning beds 243 51, 52 [113] 114 Index. Sec. Page. Beaver, no open season for 197 37 Commission may acquire for restocking 157 11 iJirds, bodies of certain, may be imported and sold, how and when 373 102, 103 certain wild birds protected 219 44 close season on, established in towns, how 153 8, 9 plumage, skin or bodies of certain, not to be sold or possessed for sale ISO, 219 24, 44 exceptions (subd. 22)... 380 107,108 transportation of, law as to. . . . . .\i. .;. 178 21-24 Black bass, open season for *....» 231 47 size limit 231 47 when may be possessed 231 47 time and manner of taking, restricted. 176 20 manner of taking 177 20, 21 number to be taken in one day, by a person 231 47 to a boat 231 47 transportation of, lav/ as to 178 21-24 State, within the 178 22 out of the 178 22, 23 into the 178 23 prohibited, disturbing on spawning beds 243 51,52 sale of. prohibited 17G, 381 20, 109 defined (subd. 15) 380 107 Black squirrels (see Squirrels) 195 36 Blue point oysters, prohibitions regarding. . 315 83 Bodies of certain birds not to be sold or possessed for sale . . ; 180, 219 24-44 Bond, of chief game protector 167 15 of game protectors 167 15 for possession of fish 375 104 for netting fish (see Rules) for propagation of skunks (see Rules) I im^k 115 Bond, of chief — Continued : Sec. Page. marine fisheries, supervisor 302 68, 69 deputy supervisor 302 6S, 69 cashier 302 68, 69 Box turtles, taking, killing and selling of, prohibited 202 38 Brant, open season for 211 40 on Long Island 212 41 when may be possessed 211 40 on Long Island •. . . 212 41 time and manner of taking restricted. . 176 20 not to be taken with net, trap or snare. 221 45 manner of taking 177, 211 20,41 on Long Island 212 41 number to be taken 211 40, 41 in one day, by a person 211 40, 41 to a boat, blind or battery. . . 211 40, 41 transportation of, law as to 178 22 State, within the 178 22 out of the 178 22, 23 Into the 178 23 transported, number to be (subd. 2) . . 178 22 sale of, prohibited 176 20 defined 210 40 Breeding and sale of elk, doer, pheasants and ducks 372 98 license for 372 98 revocable at pleasure of CDmmis- sion 372 102 termination of 372 98 not to be sold except under 372 100, 101 conditions of, Commission to pre- scribe 372 98 manner of killing and when 372 98, 99 to be tagged, how and when 372 99, 100 tags to remain affixed till carcass is consumed 372 99, 100 116 I^iieco. Breeding and sale — Continued : Sec. Page. transported, when 372 100 may be sold and possessed, when 372 100,101 ^ . report of killing, etc., to be made 372 101, 102 preserves to be fenced 372 102 Bullheads, if taken in certain manner, per- mit must be obtained. 254, 255 55, 56 taking by tip-ups 253 5'0 with set and trap lines 254 55 with spears 255 56 with nets 270, 271 58 not included among protected fish (subd. 6) 380 106 C. Caribou, no open season for 194 35 open season for in private parks. . 194 35 Carp, if taken in certain manner, permit must be obtained 254, 255 55, 56 taking by tip-ups 253 55 with set and trap lines 254 55 with spears 255 56 with nets 270, 271 58, 59 not to be placed in certain waters. . . . 250 54 not included among protected fish (subd. 6) . 380 106 Catfish, if taken in certain manner, permit must be obtained 254, 255 55, 56 taking by tip-ups 253 55 with set and trap lines 254 55 with spears 255 56 with nets 270, 271 58, 59 not included among protected fish (subd. 6) 380 106 Certificates, to collect specimens for propa- gation, scientific and exhibition purposes. 159 11, 12 Iti^ex. "117 Sec. Page. Chaumont bay and adjacent waters, law as to nets In 278 61 Chief Game Protector, appointment of . . . . 165 14 bond of 165 14 compensation of 168 15 of division chief protectors 168 15,16 duties of 165 14 to make reports 170 17, 18 Clams dredging and raking for restricted. . 317 83 prohibited use of dredges for taking. . . 314 82, 83 prDtected 316 83 residents only to take 319 84 sale of, prohibited unless inspected. . . . 313 81, 82 Close season in towns, how established.... 153 8,9 defined 380 106 Collection of specimens for certain purposes. 159 11, 12 Collection of tax on shellfish property 309 77, 78 Coramissian, general powers of 150 5, 6 defined 380 105 may grant additional protection of fish or game 152 7 to hold hearings on application therefor 152 7 may dispose o£ game or fish seized. . . . 154 9, 10 may take fish for propagation purposes 155 10 may remove or cause to be removed deleterious fish 155 10 may purchase fish eggs 156 10, 11 may acquire beaver, deer, moose and elk for restocking 157 11 may take deer to restock parks 157 11 may take birds and quadrupeds which have become destructive of property. 158 11 may issue certificates to collect speci- mens for certain purposes 159 11, 12 118 Index, Commission — Continued : Sec. Page. to make eompilation of fisli and game laws and distribute same 160 12 13 may make rules and regulations for taking of fish otherwise than by angling 150 5 to appoint game protectors 165 14 to appoint chief game protectoro 165 14 to appoint divlsiDn chief game pro- tectors 165 14 to appoint fisheries protectors 165 14 to appoint protectors for the St. Law- rence river 165 14 to appoint special game protectors. . , . 171 IS may establish game and bird refuge. . . 153 8, 9 to appoint fish culturist 151 6 to prepare and furnish blanks for hunt- ing and trapping license 185 25 may direct fishways, to be placed in dams 291 65 may construct fishways 292 65 may establish close season in towns.. 153 8,9 may make rules for taking sturgeon by set and trap lines 254 55 to appoint supervisor of marine fish- eries 302 68 to appoint deputy supervisor of marine fisheries 302 68 to appoint cashier and bookkeeper for bureau of marine fisheries 302 68 to appoint surveyor 302 68 to appoint confidential secretary 302 68 to appoint one or more bacteriologists. 302 68 to appoint clerical force for bureau of fisheries 302 68 Common carrier, not to transport game or fish as owner 178 22 IndeoB. 119 Common carrier — Continued : Sec. Page. not to receive or possess game or fish in unmarlced packages 178 22 may transport tagged game unaccom- panied by owner 178 22 Compilation and syllabus of fish and game law 160 Constables, powers of 172 Construction of law 382 Coots, American, open season for 213 when may be possessed 213 time and manner of taking restricted. 176 number to be taken in one day, by a person. . . .' 213 to a boat, blind or battery. . . 213 transportation of, law as to 178 State, within the 178 out of the 178 into the . 178 sale of, prohibited 176 defined 210 Curlew, open season for 216 on Long Island 217 when may be possessed 216 on Long Island 217 time and manner of taking restricted. . 176 manner of taking 177 number to be taken in one day, by a person 216 to a blind, boat or battery. . . 216 transportation of, law as to State, into the 178 out of the 178 within the 178 sale of, prohibited 176, 180 defined 210 12, 13 18 109 41 41 20 42 42 22 22 22, 23 23 20 40 43 43 43 43 20 20 ,21 43 43 23 22 ,23 22 20, ,24 40 120 Indeco. D. Sec. Page. Dams, to be equipped with fish ways 291 65 notice of construction, to be given Commission 290 64 Deer, open season 190 33 certain places 192 34, 35 kind of, which may be taken 190, 192 33.34 when may be possessed 190, 192 33.34 time and manner of taking restricted. 176 20 manner of taking 177, 190 20, 33 number which may be taken 190 33 to be taken only on land 190 33 not to be taken with devices 190 33 not to be hunted with dogs 190 33, 34 transportation of, law as to 178 22 State, within the 178 22 out of the 178 22. 23 into the 17S 23 transported, number which may be by non-resident (subd. 14) 185 30 when to be accompanied by owner. 190 33 sale of prohibited 176 20 possession at certain times evidence of unlawful taking 191 34 may be taken by Commission to restock parks 157 11 breeding and sale of 372 98 license for 372 98 manner of killing 372 98, 99 tagging of 372 99, 100 reports to be made by game protectors. 372 101, 102 report of licensee 372 101, 102 revocation of license 372 102 when may be transported 372 100 penalties 376 104, 105 Indeoo. 121 Sec. Page„ Deer parks, wholly inclosed, open season for deer in 372 98 to be fenced 372 102 Definitions of words and phrases 380 105 Delaware river, law as to nets in 279 61, 62 Deputy Supervisor of Marine Fisheries.... 302 68,69 powers of 302 68, 69 salary of 302 68, 69 bond and oath of office of 302 68, 69 Disposal of game and fish seized 154 9, 10 of undersized fish taken in gill nets... 177 21 Digest of fish and game law 160 12, 13 Division chief game protectors, number of. 165 14 to be designated by Commissiion 165 14 salary of 168 15, 16 bond of 167 15 powers and duties of 169 16, 17 Dogs, to be killed 193 35 not to be harbored in camps 193 35 not to run at large in forests inhab- ited by deer 193 35 not to be possessed in Adirondack park 193 35 game may be hunted with 177 20, 21 Domestic fowl, plumage of, may be pos- sessed and sold 380 108 Domestic pigeons, plumage of, may be pos- sessed and sold 380 108 Domestic game, defined 380 106 Dredging, for shellfish 317 83 not to be used on public lauds 314 82, S3 Ducks, open season for 211 40 on Long Island 212 41 when may be possessed 211 40 time and manner of taking, restricted. 176 20 manner of taking 177, 211, 212 20, 41 122 T9idex. Ducks — Continued : Sec. Tage. not to be taken with net, trap or snare. 221 45 number to be taken.. .............. . 211 40 In one day, by a person 211 40 ■••' to a boat or blind 211 40, 41 transportation- of, law as to' ITS 22 State, witiiin the ..... 178 22 out of the. . . . .•/.\"/.i'i,A"}. .-. 178 22, 23 into the ... . . . . ...'..•.. 178 23 transported, number to be (subd. 2).. 178 22 sale of, prohibited 17G 20 defined 2l0 40 Ducks, breeding and sale of 372 98 license for 372 98 revocation of 'r. i. . 1 i 372 102 manner of killing 372 98 tagging of 372 99, 100 reports to be made by game protectors. 372 101 reports of licensee 372 101 when may be transported 372 100 penalties 376 104, 105 Duties of State Commissioner of Health. . . 311 79, SO Duties of game protectors 169 16, 17 E. Eels, if taken in certain number, permit must be obtained 254, 255 55, 56 taking by tip-ups '253 55 with set and trap lines 254 55 with spears 255 56 r , with nets 270, 271 58, 59 not included among protected fish (subd. 6) 3S0 106 Eel weirs and eel pots, law as to use of. . 256 56 subject to rules of Commission 256 56 license to use, must be obtained 256 56 rules not to apply to marine districts. 256 56 Index, 123 Eel weirs and eel pots — Continued : Sec. Page. not to be used except as specifically permitted 176 20 rules relating to use of EfEect of law, time of taking 384 109 Egyptian quail, importation of 373 102, 103 Elk, no open season for 194 35 open season for in private parks 194 35 may be acquired by Commission...... 157 11 breeding and sale of 372 98 license for 372 98 revocation of 372 102 manner of killing ; . . . 372 98, 99 tagging of 372 99 reports to be made by game protectors. 372 99, 100 reports of licensee 372 101 when may be transported 372 100 penalties 376 104, 105 Employees of Commission, to be carried by owners of vessels 281 62 Inclosed, defined 380 106 English Pheasants (see Pheasants). breeding and sale of (see Pheasants). English snipe (see Snipe). Erie, lake, law as to nets in 276 60 fees for nets in (see Rules), open season for lake trout and white- fish in 235 49 European black game, importation of 373 102, 103 European gray-legged partridge, no open season for 214 42 European red deer, importation of 373 102, 103 European red-legged partridge, im'portation of 373 102, 103 Exhibition purposes, specimens may be col- lected for 159 11, 12 124 Index. Sec. Page. Explosives, use of, prohibited 24.') 52 effect of possession of 245 r>2 F. Fallow deer, importation of 373 102, 103 Pees, for tags 374 103 for net licenses (see Rules). Ferrets, use of, prohibited 19G 3G Fife patrolmen, duties of 1G9 10, 17 not to comproinise or settle violations. 109 16. 17 out of court 109 10. 17 without 6rder of Commission 109 10, 17 violation of, a misdemeanor 109 10, 17 Fire superintendent, not to compromise or settle violations .109 10. 17 out of court 169 16, 17 without order of Commission 169 10, 17 violation of, a misdemeanor 109 16, 17 Fish, definition of, protected by law 380 106 manner of taking 177 20 taking, possession, transportation and sale of, restricted. 176 20 regulations for taking with nets.. 370. 371 96,97 not to he sold unless permitted by law 176 20 possession of, defined 3S1 109 bond for poss'cssion of 375 104 transportation of 17S 22 State, within the 178 22 out of the 178 22, 23 into the 178 23 exceptions 179 24 wlien transported, how to be marked.. 178 22 prohibited, disturl)ing of 243 51, 52 drawing off water to take 249 54 use of explosives to take. » . « . . » . • 245 o2 Index. 125 Fish — Continued : Sec. Page. vany be taken by Commission with nets. 155 10 certain fish may be removed by Com- mission 155 10 seized, disposal of 154 9, 10 eggs, (purchase of by Commission 156 10,11 disposal of, unintentionally taken.... 177 21 undersized received in transporta- tion or taken in gill nets.. 177 21 construction of 177 21 unlawful use of food 324 87 Fish culturist, appointment and salary of. . 151 6 Fish eggs, Commission may purchase 156 10,11 Fisheries protectors, appDintment of 165 14 duties of 169 16, 17 salary of 168 15, 16 not to compromise or settle violations. 169 16, 17 out of court 169 16, 17 without order of Commission 169 16, 17 violations of, a misdemeanor 169 16, 17 Fishing through ice in waters inhabited by trout, prohibited 252 55 Fishways, fishing in, prohibited 251 54,55 in dams, or order of Commission. . 291 65 Food fish, unlawful use of 324 87 Forgery, to alter hunting license (subd. 9). 185 29 Frogs, open season for 257 56 G. Gallinae, what included in 210 40 Gallinule, open season for 213 41 when may be possessed 213 41 time and manner of taking, restricted. 176 20 manner of taking 177 20 not to be taken with trap, net or snare. 211 45 126 Index. Gallinule — Continued : Sec. Page. number to be taken 213 42 in one day, by a person 213 42 to a boat or blind battery. . . . 213 42 transportation of, law as to 178 22 State, within the 178 22 out of the 178 22, 23 into the 178 23 transported, number to be (subd. 2) . . 178 22 sale of, prohibited 17G, ISO 20, 24 defined 210 40 Game, definition of 380 106 wild game 380 106 domestic game 380 106 imported game 380 106 prohibited, hunting without a license.. 185 25, 26 manner of taking 177 20 not to be taken, transported or sold except as specifically permitted 176 20 transportation of 178 22 general 178 22 State, within the 178 22 out of the 178 22, 23 into the 178 23 subject to rules and regulations of Commission 178 22 must be tagged and marked 178 22 sale of, prohibited 176 20 dead bodies of certain species.... 180 24 possession of, defined 381 109 seized, disposal of 154 9, 10 Game, additional protection may be given by Commission 152 6 petition for additional protection to. . . 1152 6 notice of hearing thereon 152 7 power to grant additional protection to. 152 7 Index. 127 Game — Continued : Sec. Page. notice of order giving additional pro- _^ ^ tection 152 , 7^8,, copies to be filed 152 7, 8 copies, distribution of 152 7, S notice thereof to be advertised. . . 152 7, 8 taking effect 152 7, 8 Game, breeding and sale of 372 98 license for 372 98 manner of killing. . 372 98, 99 tagging of 372 99, 100 transportation of 372 100 sale of 372 100,101 reports of 372 101 preserves, used for, to be fenced 372 102 revocation of licenses for 372 102 penalties for violating provisions 37G 104,105 Game protectors, appointment of . 1G5 14 bond of 167 15 compensation of 168 15, 16 power and duties of .....'. . . 169 16, 17 rating of .; 166 14, lo to make reports 170 17, 18 to kill dogs in certain cases 193 35 may destroy nets unlawfully used 282 63 not to compromise or settle any viola- tions 169 16, 17 out of court 169 16, 17 without order of Commission.... 169 16,17 violation of, a misdemeanor 169 16, 17 to report killing of elk, deer, pheasants and ducks 372 101 Game and bird refuge, how formed. .. .152, 153 7,8,9 Garbage, not to be thrown in certain waters 247, 326 SH, 88 ^U^ Index. Sec. Pagr Geese, open season for 211 40 on Long Island 212 41 when may be possessed 211 40 time and manner of taking, restricted. 176 20 not to be taken with net, trap and snare 221 45 ■number to be taken 211 40 in one day, by a person 211 40 to a boat or blind 211 40 transportation of, law as to. 178 22 State, within the 178 22 out of the 178 22, 23 into the 178 23 transported, number to be (subd. 2).. 178 22 sale of, prohibited 170, 180 20-24 defined 210 40 Gender, to be disregarded 380 105 Gray squirrels (see Squirrels). Grouse, open seas"on for 214 42 on Long Island 215 42, 43 when- may be possessed 214, 215 42, 43 time and manner of taking, restricted. 176 20 manner of taking 177 20 not to be taken with nets, trap or snare 221 45 number to be taken 214 42 in one day 214 42 in an open season 214 42 transportation of, law as to 178 22 state, within the 178 22 out of the 178 22, 23 into the ; 178 23 transported, number to be (subd. 2).. 178 22 sale of, prohibited 170, 180 20, 24 defined 210 40 Index. 129 H. Sec. Page. Hares, open season for 19G 36 when may be possessed 196 36 time and manner of taking, restricted. 176 20 manner of taking 177 20 exceptions 196 30 number to be taken in one day 196 30, 37 may be taken to preserve property.... 196 36 not to be hunted with ferrets 196 36 ■trans'portation, law as to 178 22 State, within the 178 22 out of the 178 22, 23 into the 178 23 transported, number to be (subd. 2) . . 178 22 sale of, permitted 196 37 Harlem river, nets in, prohibited 328 88 Hatcheries, under control of Commission. . . 150 5, 6 Highways, shooting on, prohibited 222 45 Homing pigeons, wlien not to be taken or interfered with 218 43, 44 Hooking, when fish may be taken by 235 49 permit must be first obtained 235 49 subject to rules of Commission 150 5, 6 defined 380 105 Hounding, prohibited 190 33, 34 Hudson river south of Verplanck's Point included in marine district 300 07 north of Verplanck's Point included in inland waters 280 62 law as to nets in 279 61, 62 Hungarian partridge, no open season for. .214 42 Hunting license (see License) 185 25 licensee entitled to copy of syllabus of fish and game bill 160 12, 13 licensee entitled to copy rules made by Commission 152 7, 8 w Indeoo. I. Sec. Page. Imported game, defined 380 106 Inhabited, defined 380 lOG Inspection of shellfish grounds 310 78 .sanitary inspection of 310 78 certificate of cancellation of 310 79 service of notice of 310 79 contents of 312 80 record of 312 80 report of 310 79 revocation of 312 81 transfer of 312 81 duties of State Commissioner of Health. 311 79,80 notice of condition of public shellfish grounds 312 81 sale of shellfish prohibited, unless.... 313 81,82 Islands, possession of explosives on, evi- dence of violation 245 52 entire, may be made private preserve. 372 98 J. Jack snipe (see Snipe) 21G 43 Jamaica bay protectors, to continue to be fisheries' protectors 105 14 Jones' inlet and adjacent waters, law to nets in 332 90 Judgments, enforcement of, by game pro- tectors 1G5 14 K. Killdeer (see Shore birds) 216 43 L. Lake Cliamplain, regulations as to taking fish in 370 96, 97 Lake Erie, no close season for lake trout and whitefish in 235 49 law as to nets in 276 60 Index. 131 Sec. Page, Lake Ontario, no close season for lake trout and whitefish in 23.j 49 law as to nets in 270 60 Lake trout, open season for 234 48 in Lakes Erie and Ontario 230 49 time and manner of taking, restricted. 170 20 size limit 234 48 may be sold during open season 234 49 size of catch 234 48 not to be disturbed wbile spawning. . . 234 48 may be imported, when 370 96, 97 record to be kept 370 96, 97 transportation of, law as to 17ri 22 disposition of undersized taken in. 177 21 disposition of undersized taken in gill nets . 177 21 waters may be restocked with 2.jO 54 not to be taken for stocking private waters 242 51 may be taken for propagation purposes, when 242 51 defined 3^0 105 Land turtles, taking, killing and selling prohibited 202 38 Leases, for cultivation of shellfish 304 70 letting to bo at public auction 304 70, 71 releasing 304 71 reports 304 71 marking grounds 304 71 not transferable 304 72 summary proceedings 304 72 limitations 804 72 collection of rents 305 72, 73 settlement of disputes as to 300 73, 74 to be recorded 333 90, 91 fees therefor 333 90, 91 l-agr Index. !Skc. Page. Levy of tax on shellfish property 308 75 notice of grievance 308 75, 76 payment of tax 308 76 tax in lieu of other taxes 308 76 limitations 305 77 collection of tax 301) 77, 78 Ldcense for taking minnows for bait 230 47 fees for 230 47 no. license required to take iiiiii- nows for person's own use and and not for sale 230 47 minnows not to be taken in certain places 230 47 not to be taken in waters inhab- ited by trout 230 47 to take sturgeon by set and trap lines. 254 55 for taking fish with nets 270 58 rules and regulations of Commis- sion to govern 230 47 to possess deer or venison 191 34 to transport game or fish into the State 178 23 out of the State 178 22, 23 for vessels engaged in fishing 324 86 penalty for violation, a misde- meanor 324 86 for non-residents 324 86, 87 penalty for violation, a misde- meanor 324 86, 87 for breeding certain game 372 98 to propagate skunks 200 37 for hunting and trapping 185 25 hunting and trapping without, prohib- ited 185 25 application therefor 185 26 false statement in, perjury 185 26 Index. 133 License — Continued : Sec. Page. where procured 185 25 fees for 185 26, 27 when and where remitted. ... 185 26, 27 county clerk entitled to per centum of 185 31 contents and power under 185 27 to be signed by Commission 185 27 to be signed by licensee 18<5 27 what acts permitted under 185 27 to be carried by licensee and exhibited 1S5 28 termination of 185 28 exception, not required of owners on own land 185 28 of a minor under age of sixteen. . 185 28 alteration of, a forgery 185 29 prosecution of violation as to 185 29 proceeds of actions. 18o 29, 30 costs 185 30 form of 185 30 only one deer to be transported by non-resident under 185 30 duties of city and town clerks as to returns for 185 30, 31 duties of county clerks as to returns for 185 30, 31 county clerks to be reimbursed for ex- penses 185 31 non-resident trapping 186 31 manner of procuring 186 31 fees for 186 31 provisions of section 185 appli- cable to 186 31 penalty for violation of 187 32 Licensee, to report killing 372 101, 102 Licensee of hatchery to make report 372 101, 102 134 ':Sndex, Sec. Page. liiconses, rules and regulations for nets. . . 270 58 rules filed to continue in force until amended 270 58 Commission may make rules 150 5, 6 Limicolae, what included in 210 40 Lobsters, required length of. 321 84 traps, size of opening in. . . 322 84, 85 residents only to take 323 85, 86 Long Island Sound, garbage not to be thrown in 32G 88 application of Part VIII to 280 62 M. Mammals, carcasses of certain may be im- ported and sold 373 102, 103 ,-,:; how and when 373 102, 103 Marine District, described 300 67 Marine fisheries, bureau of 301 67, 68 Muskalonge, open season for 239 50 when may be possessed 239 50 time and manner of taking, restricted. 176 20 not to be taken through the ice.. 239 50 - ' manner of taking 177 21 may be taken in any number 239 50 -■* transportation of, law as to 178 22 State, within the 178 22 out of the 178 22,23 '„"^' into the 178 23 may be bought and sold • • • • • 239 50 Meadow hens (see Mud Hens). Minor under 16, trapping license not re- quired by , 185 25 Mink, open season for 198 37 ; ■ when may be possessed 198 37 II Index. 3i35 f Sec. Page. Minnows, law as to taking for bait 230 47 license for taldng for bait for sale. . . . 230 47 when may be taken for bait without license 230 47 rules of commission regulating taking : of license fee (see Rules). length of net limited taking in certain places iprohibited. .. . 230 47 Misdemeanor, punishment of 152, 155, 182 6 compromise or settlement of violation of a law, constitutes a. .. .152, 153, 182 5,9,24 Missisquoi Bay, transportation of fish caught in prohibited 370 96, 97 Mongolian ring necked pheasants (see Pheasants). Moose, no open season for 194 35 open season for in private parks 194 35 Mud hen, open season for 213 41 when may be possessed 213 41 time and manner of taking, restricted. 176 20 manner of taking 177 21 number to be taken 213 41 in one day, by a person 213 42 to a' boat or blind 213 42 transportation of, law as to , . 178 . 22 State, within the ,. 178. 22 out of the ., ^, . ,.^, . . ,',178 22, 23 into the J"! .\, , 178 23 sale of, prohibited 176 20 defined 210 .40 Municipality, shooting on land condemned by, prohibited 222 "" ^" ti Muskrat, open season for. 201 38 when may be possessed 201 '38 houses of, not to be injured or de- '<■>:}'.■ ,'iin-i ■ stroyed 201 38 136 Index. N. Sec. Page. Nassau county, supervisors of, may pass fish and shell fish regulations 334 91 Np&ts, of wild birds, not to be destroyed or robbed 220 44 Net licenses, rules and regulations for. . . . 270 58 Nets, defined not to be used for taking birds 221 45 to be licensed 270 58 subject to rules and regulations 270 58 when may be used 271 59 rules as to meshes of 272 59 to be destroyed, when 282 63 what fish may be taken with 271 69 expenses of seizure, county charge.... 283 63 in Lakes Erie and Ontario 276 60 in Chaumont bay and adjacent waters. 278 61 in Hudson and Delaware rivers and "'■ adjacent waters 279 61, 62 ' • in Niagara river ; 277 60, 61 for taking minnows for bait 230 47 length of (see Rules). prohibited, use of in inlets 327 88 prohibited in Harlem river and adja- cent waters 328 88 In Richmond county and Raritan bay. 329 89 in Jamaica bay and adjacent waters.. 330 89,90 in Rockaway bay, Jones' inlet and ad- jacent waters 332 90 size of mesh of, in Coney Island creek. 331 90 fish may be taken by Commission with. 155 10 not to be hauled after sunset and be- fore S'Unrise 273 59 ; . iprohibited, use of, in waters inhabited by trout ' 275 60 to be tagged and buoyed 274 60 I>Iiagara river, law as to taking fish in ... . 277 60, 61 Indew. 137 Sec, Page. Non-resident, hunting license fot. 185 30 how liable for violation of certain pro- visions 1S5 30 trapping license ISG 31 Notices, for establishment of private parks. 361 93, 94 copies furnished 363 95 of prohibitions or regulations of Com- mission 152 7, 8 of construction of dam in fishways. . . 290 64 to commission of undersized fish taken. 177 21 Number to be disregarded 380 105 O. Oatli of supervisor, deputy supervisor and cashier of marine fisheries .302 68, 69 Obstructions of streams, prohibited 240 52, 53 Ontario lake, law as to nets in 276 60 fees for nets in (see Rules). open season for lake trout and white fish in 235 49 Open season, defined 380 104, 105 Order of Commission, posting and publica- tion of 152 7, 8 Owner of land, may take rabbits at any time 196 36 consent of, to hunt or fish, a defense. . 366 95 Oysters, sale of, prohibited, unless sani- tary condition be certified 313 81,82 taking in South bay 314 82, 83 blue point 315 S3 dredging and raking for 317 83 residents only to take 319 84 not to be taken from sunset until sunrise 316 83 138 Index. Sec. Page. Oyster beds, lease* for 304 70 collection of rents 305 72, 73 settlement of disputes as to 306 73 provisions for taxation 307 74, 7o levy and payment of tax 308 75 collection of tax 309 77, 78 must be marked 304 71 reports relating to 303 69, 70 sanitary inspection of 310 78 duties of State Commissioner of Health 311 79, SO record and certificate of inspection of. 312 80 protected 316 83 P. Parks, private, laying out 3G0 92, 93 notices in 301 93, 94 commission will supply 363 95 protection of private lands not 362 94 signs not to be defaced 30-1 95 fish and game protected in 365 95 wholly enclosed deer, open season in.. 372 98,99 moose, elk, caril)OU or antelope, killed in, may be possessed at certain times 194 35 penalties 3G0 95 Patrolmen, fire, to enforce laws 169 16, 17 not to compromise or settle violations. 169 16,17 out of court 169 16, 17 without order of commission 169 16 ,17 violation of, a misdemeanor 169 16, 17 Partridge (see Grouse), no open season for Hungarian or European gray leg:;cd. . . 214 42 Penalties, for violation of rule or order of Commission 161 13 for violation of rule establishing game refuge. 153 9 for comipromising action by protector. 169 16, 17 Index. 139 Penalties — Continued : Sec. Page. for violation of Part III (general pro- vision) 1S2 24, 25 for making false statement on applica- tion for hunting license (subd. 2).. 185 26 for altering ^bunting license (subd. 9). 185 29 for violation of Part IV (bunting and trapping licenses) 187 32 for violation of Part V (quadrupeds) . 203 38, 39 for violation of Part VI (birds) 223 45 for violation of Part VII (fish) 258 50, 57 for violation of Part VIII (nets and netting) . . . . 284 64 for violation of Part IX (fishways) . . 293 65 for violation of Part X (marine fish- eries) 335 49 for non-payment of tax 309 76 for selling unsanitary shellfish 313 81,82 for resident boat fishing without license 324 86 for non-resident boat fishing without license 324 86, 87 for violation of Part XI (private parks) 366 95 for violation of Part XII (breeding im- portation and sale of fish and game) 376 104'. 105 Preserve, for breeding deer, elk, pheasants, duck&, etc 372 98 Perch, if taken in certain manner permit must be obtained 254, 255 55, 56 taking by tip-ups 253 55 with set and trap lines 254 55 with nets 270, 271 58, 59 not included among protected fish (subd. 6) 380 106 Person, defined (subd. 3) 380 105 110 Index. Sec. Pagb. Pheasants, open season for 214 42 on Long Island 215 42, 43 when may be possessed 214, 215 42,43 !. time and manner of taking, restricted. 176 20 manner of taking 177 20, 21 not to be taken with net, trap or snare. 221 45 number to be taken 214 42 on Long Island 215 42, 43 transportation of, law as to 178 22 State, within the 178 22 ; out of the 178 22,23 •f' into the 178 23 transported, number to be (subd. 2) . . 178 22 sale of, prohibited 176 20 defined 210, 380 40, 105 Pheasant, breeding and sale of 372 98 license for 372 98 revocation of 372 102 manner of killing 372 08, 99 tagging of 372 99, 100 reports of killing to be made 372 101,102 of licensee 372 101, 102 when may be transported 372 100 impDrtation of 373 102, 103 penalties 376 104, 105 Pickerel, open season for 237 49 time and manner of taking restricted. 176 20 manner of taking 177 21 may be taken with nets 271 59 how and when 270, 271 59 transportation of, law as to 178 22 State, within the 178 22 out of the 178 22, 23 into the 178 23 transported, any number may be..... 178 22 Index. 141 Pickerel — Continued : Sec. Page. taken without the State, when may be possessed and sold 370; 96, 97 storage of 375 104 sale of, permitted 237 49 defined 3S0 105 Pigeons, when not to be taken or inter- fered with 21S 43, 44 Pike, open season for 237 49 in Saint Lawrence river, size limit .... 237 49 number to be taken in one day... 237 49 time and manner of taking, restricted. 176 20 manner of taking 177 21 may be taken with nets 271 59 how and when 270, 271 (58,59 transportation of, law as to 178 22 State, within the 178 22 out of the 178 22, 23 into the 178 23 transported, any number, may be 178 22 taken without the State, when may be possessed and sold 370 96, 97 storage of ,. 375 104 sale of, permitted 237 49 defined. 380 105 Pike perch, open season for 236 49 when may be possessed 236 49 size limit of 23G 49 time and maimer of taking, restricted. 176 20 manner of taking 177 21 may be taken with nets 271 59 how and when 270, 271 58, 59 transportation of, law as to 178- 22 State, within the 178 22 out of the 178 22, 23 into the 178 23 transported, any number may be 178 22 142 Index. Pike perch — Continued: .S®c,'^ . Pagb. taken without the State, when may be possessed and sold 370 9i5, 97 storage of , .,; 375 104 sale of, permitted 23G 49 defined .^. .. . . 380 107 Plover, open season for. .■;*!:^. .''V\ . i''! . ?VV. .V 216 43 ' " on Lohg Island ; . . . . '.'i^iV.-. 217 43 when may be possessed. ......" 21G 48 on Long Island 217 43 time and manner of taking restricted. 170 20 manner of taking 177 20, 21 number to be taken 21G 43 in one day, by a person 216 43 to a boat or blind 21G 43 transportation of, law as to 178 22 State, within the. 178 22 out of the • 178 22, 23 into the 17'" 23 sale of, prohibited 176,, 180 20, 24 defined. 210 40 Plumage, bf certain birds, not to be pos- sessed for sale. 219 44 . not to be sold. 219 44 what included as (subd. 22) 219, 380 44, 107 applies to birds coming from wit'.iout the State 219 44 Pollution, law a.s to.'. ......'.'. 247 53 of shell fish waters. 325 87, 88 Possession, defined . 3S0 105 of fish, bond for 375 104 Possession of quadrupeds, birds or fish, when lawful 176 20 Posting of notices, to establisih private park 361 93, 94 copy of order of Commission 152 6 Index. 143 Sec. Page. Powers of game protectors, fire patrolmen, and fisheries' protectors 169 16, 17 Private hatcheries 371 97, 98 trout raised in, sale of 371 97, 98 must be tagged 371 97, 98 rules regulating (see Rules). fees for tags 374 103, 104 Private lands, protection of 362 94 fish and game proitected on.... 365 95 Private parks, laying out. 360 92, 93 notices in 361 93. 94 furnished by Commission 363 95 signs not to be defaced in. ,.....'... . 364 95 fish and game protection in. .V'.'! .'.". . . 3G5 95 penalties relating to 366 95 Proceeds of actions, where payable 185 29, 30 Protectors. appointment of 16o 14 chief 165 14 division chief 165 14 fisheries' protectors 165 14 rating of 166 14, 15 to give bonds. 167 15 compensation of 168 15, 16 powers of 169 16, 17 records and reports, of. . ,- . , - .^ .. ..• •;• • ■ 170 17, 18 special game ...,-,,,.».. 171 18 to kill dogs in certain cases ^ 193 35 to destroy nets unlawfully used 282 63 Publication of notice, to establish private park 360 92, 93 of order giving additional protection to fish and game .,.,,,.^^f,. .... . . . 152 6 Punishment (see Penalties). 144 Index. Q. Quail. Sec. Page. open season for 214 42 on Long Island 215 42, 43 when may be possessed 214, 215 42, 43 time and manner of taking, restricted. 176 20 manner of taking 177 20, 21 not to be taken with net, trap or snare 221 45 number to be taken 214 42 in one day 214 42 in open season 214 42 transportation of, law as to 178 22 State, within the 17S 22 out of the 178 22, 23 into the 178 23 transported, number to be 178 22 sale of, prohibited 176, 180 20, 24 defined 210 40 R. Rabbits, cottontail and varying hares, open season for 196 36 when may be possessed 196 36 time and manner of taking, restricted. 176 20 not to be hunted with ferrets 196 36 exception 196 36 manner of taking 177 20, 21 exception 196 36 number to be taken 196 36 to be transported 178 22 transportation of, law as to 178 22 sale of, permitted 196 37 Raccoon, open season for 198 37 when may be possessed 198 37 Index. 145 Sec. Rail, open season for 213 when may bo posspssod 213 time and manner of taking, restricted. 176 manner of taking 177 not to be taken with net, trap or snare 221 number to be taken 213 in one day, by a person • • • • 213 to a boat or blind 213 transportation of, law as to 178 State, within the 178 out of the 178 into the 178 transported, number to be (subd. 2) . . 178 sale of, prohibited 170, 180 defined 210 Rainbow trout (sec Trout). open season for, on Long Island 233 Rallidae, what included in 210 Raritan bay, law as to taking fish in 329 Recording and fees 333 Refuge, game and bird, how farmed 15.3 penalties for violating rules relating to 152 Records and reports of game protectors... 170 of inspection of s'hellfish grounds 312 Reports, of Chief Game Protector 170 (protectors 170 special game protectors 171 supervisors of marine fisheries 303 breeders of game 272 Residents, only to take shellfish 319 fees to be paid by for hunting license 185 boat license foes for, (See Rules.) vessel licenses for 324 for non-residents 324 Ringnecks (see Pheasants). Roebuck, importation of .?, l./".'. . . 373 102, 103 P.\GE. 41 41 20 20, 21 45 42 42 42 22 22 22, 23 23 22 20, 24 40 48 40 89 90, 91 ( 3,9 8 17. ,18 80 17, ,18 17 ,18 18 C9 ,70 59 84 26 ,2.7 83 86 ,87 146 Tnde(0. s. Sec. Page. Sable, open season for 198 37 when may be possessed 198 37 Saint Lawrence river, required length of ipike taken from 237 49 number to be taken in one day from. 237 49 Sale and breeding of elk, deer, pheasants and ducks 372 98 license required for 372 98 Sale of certain game and song birds pro- hibited 180 24 of quadrupeds, birds and fish, restricted 176 20 of quadrupeds, birds and fish, pro- hibited, unless especially permitted. . 176 20 Sand pipers, open season for ... 216 43 on Long Island 217 43 when may be possessed 216 43 on Long Island 217 43 time and manner of taking, restricted. 176 20 manner of taking 177 20, 21 number to be taken 216 43 in one day, by a person 216 43 to a blind, boat or battery... 216 43 transportation of, law as to 17S 22 State, into the 178 22 out of the . 178 22, 23 within the 178 23 sale of, prohibited 176, 180 20, 24 defined 210 40 Sanitary inspection of shellfish grounds... 310 78 duties of State Commissioner of Health in relation to 311 79, 80 record and certificate of 312 SO Scotch grouse, importation of 373 102, 103 Scientific purposes, specimens may be col- lected for 159 11, 12 Search, without warrant, protectors to... 169 16,17 Index. 147 Sec. Page. Search warrant, when required by protectors 169 16, 17 Secretary, confidential, in marine fisheries bureau 302 68, 69 Seizure of nets, county to pay expenses of. 283 63 Set lines, law as to use of 254 55 not to be used without permit 254 55 subject to rules of Commission 150 Q, 6 length of, restricted. (See Rules.) number of hooks to be used, limited. (See Rules.) kind of bait to be used. (See Rules.) not to be used in waters inhabited by trout 254 55 Shellfish, reports relating to 303 69, 70 leases for cultivation of 304 70 limitations 304 72 settlement of disputes as to 306 73 sanitary inspection of 310 78 sale of, prohibited, unless sanitary con- dition be certified 313 81,82 dredging and raking for 317 83 residents only to take 319 84 defined 380 107 Shellfish grounds, provisions for taxation of 307 74, 75 statement of property 307 73, 74 assessment of tax 307 74, 75 penalties 307 74 levy and payment of tax against. . . . 308 75 collection of tax 309 77, 78 sanitary, inspection of 310 78 notice of condition of 312 81 record and certificate of inspection of. 312 80 Shellfish waters, pollution of, prohibited.. 325 87,88 Sheriffs, to have same powers as protectors 172 IS Signs, not to be defaced 364 95 146 Index. Sec. Page. Skin of certain birds not to be possessed for sale or sold 219 44 Skunks, open season for 199 37 when may be possessed 199 37 digging out of holes or dens, prohibited 199 37 which are injuring property or have become a nuisance may be killed... 199 37 Snares, not to be used for taking birds. . . . 221 45 declared to be a public nuisance 221 45 to be destroyed 221 45 Snipe, open season for 21G 43 on Long Island 217 43 when may be possessed 216 43 on Long Island 217 43 time and manner of taking, restricted. . 176 20 manner of taking 177 20, 21 • number to be taken in one day, by a person 216 43 to a blind, boat or battery 216 43 transportation of, law as to 178 22 State, into the 178 23 out of the 178 22,23 within the 178 22 sale of, prohibited 176, 180 20, 24 defined 210 40 South Bay, taking of oysters in 314 82, 83 Spearing, when fish may be taken by 235 49 kind of fish which may be taken 235 49 permit must be first obtained 235 49 subject to rules of Commission 150 5, 6 Special game protectors, appointment of. . 171 18 powers of 171 18 reports of 171 18 compensation of 171 18 Index. 149 Special game protectors — Continued : Sec. Page. not to compromise or settle any viola- tion out of court 169 16, 17 without order of Commission.... 169 16,17 violation of, a misdemeanor 169 16, 17 Squirrels, open season for 195 36 on Long Island 195 36 when may be possessed 195 36 on Long Island 195 36 time and manner of taking, restricted. 176 20 manner of taking 177 20, 21 not to be taken within corporate limits of city or village 195 36 transportation of, law as to 178 22 State, within the 178 . 22 out of the 178 22, 23 into the 178 23 sale of, prohibited . . . . . . v . .'. 176 20 Starfish to be destroyed 370 96, 97 State Commissioner of Health, duties of . . . 311 79, 80 State fish hatcheries, pollution of waters of, prohibited 248 53, 54 drawing off water supplying, prohibited 249 54 Statutes, repealed by this article ... 110,111 Storage of fish 375 104 bond for 375 104 Stocking private waters with certain fish, prohibited 242 51 Streams, pollution of, prohibited 247 53 not to be obstructed 246 52, 53 Striped bass, open, season for 240 50 size limit of 240 50 manner of taking 240 50 sale of, permitted 240 50 150 Index. Sec. Page. Sturgeon, short nosed, open season for.... 238 50 length of which may be taken. . . . 238 50 time and manner of taking, re- stricted 176 20 lake, required length of . . 238 50 sea, required length of 238 50 sale of, permitted 238 50 Suckers, if taken in certain m^inner, permit must be obtained 254, 255 55, 56 taking by tip-ups . 253 55 with set and trap lines 254 55 with spears 255 56 with nets .270, 271 59 not included among protected fish, (subd. 6) 380 106 Suffolk county, supervisors may adopt regulations 334 91 Sunfish, if taken in certain manner ^permit must be obtained 254, 255 55, 56 taking by tip-ups .:.-,-..- . . 253 55 with set and trap lines..:.,.,.,...,.... 254 55 with nets 270, 271 58, 59 not included among protected fish (subd. 6) 380 106 Superintendent, fire, not to comppo^iise , or settle violations ., v. ,.,>.,.-.,,.!. .i*. . 169 16,17 out of court ....,..;".. 169 16, 17 without order of Commission.... 169 16,17 violation of, a misdemeanor 169 16, 17 Supervisor of marine fisheries 302 68, 69 salary of 302 68, 69 oath of office of 302 68, 69 bond of 302 68, 69 duties of 302 68, 69 to make reports 303 69, 70 may lease shellfish grounds 304 70 Index. 151 Supervisor of marine fisheries — Cont'd : Sec. Page. reports to be made to 304 71 to collect rents 305 72, 73 to decide controversies 306 73 may receive assignment of lease 305 72, 73 statement of property to be made to . . 307 73, 74 supervisor may make 307 73, 74 to keep assessment book 307 74, 75 taxes to be paid at office of 308 74, 75 tax roll to be filed in office of 308 75 grievances to be heard by 308 75, 76 to determine condition of shellfish grounds 312 80 to keep record thereof 312 80 to issue certificate of condition... 312 80 may revoke certificate 312 81 to give notice of condition of public shellfish grounds 312 81 to furnish certificate of condition of shellfish grounds 313 82 Supervisors of Nassau and Suffolk county may pass regulations 334 91 of any county may make regulations as to destruction of illegal devices. . 383 109 Surf birds, open season for 216 43 on Long Island 217 43 when may be possessed 216 43 on Long Island 217 43 time and manner of taking, restricted. 176 20 manner of taking 177 20, 21 number to be taken 216 43 in one day, by a person 216 43 to a blind, boat or battery.. 216 . 43 transportation of, law as to 178 22 State, within the 178 22 out of the 178 22, 23 into the 178 23 15iJ Index. Surf birds — Continued : Sec. Page. sale of, prohibited 176, 180 20, 24 defined 210 40 Swan, no open season for 211 40 sale of, prohibited 176 20 T. Tagging of elk, deer, pheasants and ducks. 372 99, 100 of mammals and birds imported from without the United States 373 99,100 of trout 371 97, 98 of game exported 178 22 of game imported 178 22 of venison during certain times...... 191 34 Tags, fees for 374 103, 104 Taking, defined 380 108 Tattlers, open season for 216 43 on Long Island 217 43 when may be possessed 216 43 on Long Island 217 43 time and manner of taking, restricted. 176 20 manner of taking 177 20, 21 number to be taken 216 43 in one day, by a person 216 43 to a blind, boat or battery.. 216 43 transportation of, law as to 178 22 State, into the 178 23 out of the 178 22, 23 within the J. 78 22 sal. of, prohibited 176, 180 20, 24 defined 210 40 Tax, levy and payment of, shellfish grounds 308 75 collection of 309 77, 78 Thumping, defined and prohibited 244 52 Tip-ups, what fish may be taken with 253 55 number to be operated 253 55 how to be marked 253 ©5 Index. 15J) Sec. PAdiJ. Town board, may request close season in town 153 8, 9 Town clerk, to issue hunting license 185 25 to receive syllabus of game laws. . .■.'. . 160 12, 13 Transportation, of flsh and game, law as to 178 22 by comuun carriers 178 22 fish and game or package to be marked, in . . . 178 22 how marked 178 22 number of flsh or game which may be received in 178 ■ '23 reception or possession of unmarked '"'• ^' package a violation. ...;.!. .Vl .... . 178 22 out of the State 178 22, 23 game or fish to be accompanied by owner 178 22, 23 exception . 178 23 license required 178 23 game and fish to be tagged 178 23 into the State, restrictions placed upon 178 23 exceptions 178 23 exceptions as to marked packages 179 24 of fish from the province of Quebec. . . 370 96, 97 Transported, number of fish or game to be. 178 22 Traps, not to be used for taking birds. . . . . 221 45 Trout, open season for 232 48 on Long Island 233 48 size limit 232 48 when may be possessed 232, 233 48 time and manner of taking, restricted. 176 20 manner of taking 177 21 size of catch 232 48 transportation of. law as to 178 22 State, within the 178 22 out of the 178 22. 23 into the 178 23 disturbing on spawning beds, prohibited 243 51, 52 154 Index. Trout — Continued : Sec. Page. sale of, prohibited 176, 381 20, 109 not to be taken through the ice 252 oo not to be taken for stocking private parks 242 51 may be taken for propagation purposes, when 242 51 may be placed in waters 250 54 defined 3S0 107 raised in private hatcheries 371 97, 98 may be sold 371 97, 98 license required to sell 371 97, 98 to be tagged before sale 371 99, 100 subject to rules of Commission. , 371 100, 101 fees for tags 374 103, 104 U. Unlawful use of food fish 324 87 V. 1 Venison, when may be possessed. . . 191 34 license required to possess, at certain times 191 34 to be tagged 191 34 possession of, subject to rules of Com- mission 191 34 rules and regulations relating to trans- portation of, law as to 178, 190 22, 33 State, within the 178 22 out of the 178 23 into the 178 23 sale of, probil)ited 17f> 20 sale of, killed in private preserve 372 100, 101 Vessels, to carry employees of Commission. 281 62 engaged in fishing to be licensed 324 86 fees for 324 86 resident, license for 321 86 non-resident, license for 324 86, 87 Index. 155 "W'. Sec. Page. Water, drawing off, forbidden 249 54 Whitefish, open season for 234 48 Otsego 234 48 in-Lakes Erie and Ontario 235 49 time and manner of taking, restricted. 176 20 size limit of 234 48 Otsego 234 48 may be sold during the open season. . 234 49 may be imported, when 370 96, 97 transportation of, law as to 178 22 disposition of undersized, received in 177 21 disposition of undersized, taken in gill nets 177 21 waters may be stocked with 250 54 Wild birds, with certain exceptions, pro- tected 219 44 nests of, not to be destroyed or robbed 220 44 Wild deer, defined 380 106 Wild fowl. (See Ducks, Geese, Brant.) Wild game, defined 3S0 106 Willett snipe. (See Snipe.) Wilson snipe. (See Snipe.) Winter snipe. (See Snipe.) Woodcock, open season for 216 43 on Long Island 217 43 when may be possessed. 21G, 217 43 time and manner of taking, restricted. 176 20 manner of taking 177 20, 21 not to be taken without nets, traps or snares 221 45 number to be taken . 216 43 In one day 216 43 in an open season 216 43 15G Index. Woodcock — Continued : Sec. Page. transportation of, law as to 178 22 State, within the 178 22 out of the 178 22,23 into the 178 23 transported, number to be (subd. 2).. 178 22 sale of, prohibited 17G, 180 20, 24 . .. defined 210 40 Wood duck, no open season for 211 40 Wood turtles, taking of, prohibited 202 38 SYLLABUS CONSERVATION LAW IN RELATION TO FISH AND GAME 1912 [157] SYLLABUS OF CONSERVATION LAW. FISH AND GAME SEASONS. Open Seasons for Game and Fish in New York State Includes First and Last Dates Given. Quadrupeds and birds protected by law shall not be taken except after sunrise and before sunset with a gun fired at arms length. Fish protected by law shall not be taken except by angling unless other- wise specifically permitted. BEAVER. (No Open Season.) DEER. (No Open Season.) Exceptions : Deer having horns not less than three inches long may be taken in wholly enclosed deer parks, and in the counties of Clinton, Essex, Franklin, Fulton, Hamilton, Herkimer, Jefferson, Lewis, Oneida, Os- wego, Saratoga, St. Lawrence, Warren and Washing- ton (except in all that portion of Oneida, Lewis and [159] 160 Fish and Game Reasons. Jefferson counties lying westerly of the Utica and Black River Railroad from Utica to Ogdensburg). (October l-November 15.) Ulster county and in tlie towns of Neversink, Cochecton, Tusten, Highland, Lumberland, Forest- burg and Bethel and all that section of the towns of Mamakating and Thompson lying south of the Newburgh and Cochecton turnpike in Sullivan county and the town of Deer Park in Orange county. (November 1-Xovember 15.) Female deer, fawns, elk, moose, caribou and ante- lope shall not be taken at any time, except that elk, moose, caribou and antelope killed by the owner ir. a private park may be possessed in this State during the open season for deer. The carcass of one such deer accompanied by the actual owner may be transported by a person or common carrier from October 1st to midnight of November 16tli and may remain in the custody of the common carrier the additional time required to deliver it to its destination. Venison legally taken may be possessed from October 1st to November 20th. Under a license issued by the Commission, venison may be possessed from November 21st to January 1st by the owner in his own home for consumption. No person shall take more than two such deer in an open season or transport from the county where killed more than one carcass or part thereof at any one time. |l Fish and Game Seasons, 161 Deer shall not be hunted with dogs; no jacklight or other artificial light, trap, saltlick or other device to entrap or entice deer shall he used, made or set, nor shall any deer be taken by aid or use thereof. No deer shall be taken while in the water. No dog shall be taken into any hunting or lumber camp within the forest preserve, or into deer forests, or kept in the Adirondack Park. LAND TURTLES. (No Open Season.) MARTIN. (November 1-Mareh 1.) MINK. (November 1-March 1.) MUSKRAT. (November 10- April 1.) Muskrat houses must not be injured or destroyed. RABBITS. VARYING HAKES. (November 1- January 31.) COTTONTAIL EABBITS. (October l-December 31.) 162 Fish and Game Seasons, No person shall take more than six hares or rabbits in one day. Hares and rabbits not to be hunted with ferrets. The owner or occupant of enclosed or occupied farms and lands or a person duly authorized in writing by such owner or occupant may take on such o\niers or occupant's premises at any time in any manner hares or rabbits which are injuring their property. There is no close season for Belgian hares, jack rabbits or rabbits bred in captivit3^ Varying hares and cottontail rabbits may be bought and sold during the open season. RACCOON. (November 1-March 1.) SABLE. (November 1-March 1.) SKUNK. (November 1- January 31.) Skunks shall not be dug out of their holes or dens. Skunks which are injuring property or have be- come a nuisance may be taken at any time. SQUIRRELS. BLACK OR GRAY. (September 16-October 31.) Fish and Game Seasons. 163 Exception: (Long Island, November 1-December 31.) No person shall take more than five squirrels in one day or transport more than that number in one day. No squirrels shall be taken within the corporate limits of any city or village. BIRDS. DUCK, GOOSE, BRANT. (September 16-January 10.) Exception: (Long Island, October 1-January 10.) WOOD DUCK AND SWAN. (No Open Season.) Ducks, geese and brant shall not be taken except from a rowboat, from the land, from a blind or float- ing device used to conceal the hunter (other than a sail or power boat) when the same shall be within 50 feet of shore or of a natural growth of flags. Exception: Ducks, geese and brant may be taken by aid of any floating device other than sail or power boats. 164 Fish and Game Seasons. at any distance from shore on Long Island sound, Shinnecock, Gardiner and Peconic bays, during the open season therefor, and except from October 1st to October 19th both inclusive in Great South bay west of Smith's Point and east of the Nassau- Suffolk county line. No person shall take more than twenty-five water fowl in the aggregate of all kinds in one day nor more than forty by two or more persons occupying the same boat, blind or battery. GROUSE. (October 1-November 30.) Exception: (Long Island, November 1-December 31.) No person shall take more than four grouse in one day nor twenty in an open season. PARTRIDGE, HUNGARIAN OR EUROPEAN GRAY LEGGED. (No Open Season.) PHEASANTS, HUNGARIAN, DARK-NECKED, RING-NECKED, COMMONLY CALLED MONGOLIAN- OR CHINESE. (Thursdays in October.) 1 Fish and Game Seasons. 165 Exception: (Long Island, November 1-December 31.) Only the cock or male bird may be taken and no person shall take more than three male pheasants in the open season except on Long Island where a person may take not to exceed six male pheasants in one day and not to exceed thirty-six in the open season. QUAIL. (October 1-Xovember 15.) Exception: (Long Island, November 1-December 31.) No person shall take more than six quail in one day nor more than thirty-six in an open season. SHORE BIRDS: SNIPE, PLOVER, SURF BIRDS, SANDPIPERS, TATLERS AND CURLEWS. (September 16-November 30.) Exception: (Long Island, August 1 -November 30.) No person shall take more than fifteen shore birds in the aggregate of all kinds in one day nor more than twenty-five by two or more persons occupying the same boat or blind. WOODCOCK. (October 1 -November 15.) 166 Fish and Game Seasons. Exception: (Long Island, October lo-Xovember 30.) No person shall take more than four woodcock in one day nor twenty in the open season. FISH. BASS, BLACK AND OSWEGO. (June 16-Xovember 30.) Minimum length ten inches. Limit per day to Ij one person fifteen; to a boat, two or more persons, twenty-five. Bass, whether taken within or without the State, shall not be sold or offered for sale. BASS, STRIPED. (No Close Season.) Minimum length twelve inches. FROGS, GREEN, SPRING AND BULL. (June 1-March 31.) ICEFISH OR SMELT (TAKEN FROM INLAND WATERS). (No Close Season.) Minimum length six inches. Fish and Game Seasons. 167 LAKE TROUT. (April 1-September 30.) Exception: (Lakes Erie and Ontario, no Close Season.) Minimum length fifteen inches. No person shall take more than ten lake trout in one day but whenever two or more persons are angling from the same boat they may take not to exceed fifteen, except in Lakes Erie and Ontario they may be taken in any number. MASKALONGE. (June 16-December 31.) Minimum length twenty-four inches. Taking maskalonge through t]ie ice is prohibited. PICKEREL AND PIKE. (May 1-March 1.) In St. Lawrence river minimum length of Great Northern Pike, locally known as " Pickerel," twenty inches and day limit to a person twelve. PIKEPERCH (WALL-EYED PIKE, COMMONLY CALLED PIKE AND YELLOW PIKE). (May l-March 1.) Minimum length twelve inches. 168 Fish and Game Seasons, STURGEON. Shortnosed. (July 1-April 30.) Minimum length twenty inches. Lake. (Xo Close Season.) Minimum length thirty inches. Sea. (Xo Close Season.) ^Minimum length four feet. TROUT, BROOK, SPECKLED, BROWN, RAINBOW AND RED-THROAT. (May 1-August 31.) Exception: Long Island (Except Rainbow), (April 1-August 31.) Long Island (Rainbow), (April 16-September 30.) Minimum length six inches; day limit ten pounds to a person. Trout must not be sold or offered for sale, whether taken within or without the State. WHITEFISH. (April 1-September 30.) I Fish and Game Seasons. 169 Exception: (Lakes Erie and Ontario, no Close Season.) Minimum length twelve inches. TIP-UP FISHING. Tip-ups may be used, except in waters inhabited by trout, to take bullheads, catfish, eels, perch, sun- fish, and except during the months of March and April, pikeperch, pike and pickerel. No person shall operate or control at the same time more than fifteen tip-ups. All tip-ups must be marked with the name and address of the owner thereof. SET AND TRAP LINES. Set lines may be used except in waters inhabited by trout to take whitefish, bullheads, catfish, eels, perch, sunfish, carp, mullet and dogfish, provided a permit for so doing shall first be obtained from the Commission. Set and trap lines may be used to take sturgeon provided a license for so doing shall first be obtained. Under rules adopted by the Com- mission, set lines shall be not more than 500 feet in length nor contain more than 100 hooks; one end shall be attached to the shore and the other end thereof shall be anchored to the bottom. A person 170 Fish and Game Seasons. must not own or operate more than one such line; nothing but dead bait shall be used, and no minnows, either dead or alive, shall be used for bait; no fish other than the kind mentioned shall be taken. SPEARING. Spears, grappling hooks, naked hooks, or snatch hooks may be used except in waters inhabited by trout, for taking whitefish, mullet, carp, catfish, dog- fish, bullheads, suckers and eels, under permit issued by the Commission. Use of such devices subject to rules and regulations of the Commission. EEL WEIRS AND EEL POTS. The use of such devices is prohibited except under license issued by the Commission and subject to its rules and regulations. GENERAL PROVISIONS. All open seasons are subject to be shortened by order of the Commission. Such orders will be found on file in the office of the clerk of the town affected. The Commission should be consulted for information relative to open seasons. Fish and Game Seasons. 171 " Angling " means taking fish by hook and line in hand or rod in hand; or if from a boat not exceed- ing two lines with or without rod to one person. Fish must not be taken by means of explosives, or by drawing off water for that purpose, or by fish- ing through the ice in waters inhabited by trout. No license is required for angling, or for netting minnows for bait for the owner's personal use, but the net used for such purpose must be not more than twenty-five feet long. A license is required for netting minnows for bait for sale and a fee of ten cents per lineal foot for a net must be paid. Netting minnows in waters inhabited by trout is prohibited. Game protected by law shall only be taken after sunrise and before sunset with a gun fired at arm's length, without rest. Game shall not be taken on the lands purchased or condemned by any municipality for the purpose of supplying it with water and protecting the same from pollution, or on any public highway, except public highways within the forest preserve counties. Birds shall not be trapped, netted or snared, nor shall nets, traps or snares be set or used where birds can be taken. WILD BIRDS PROTECTED IN THIS STATE. Wild birds other than the English sparrow, star- ling, crow, hawk, crow-black-bird, snow-owl, great 172 Fish and Game Seasons. horned owl and kingfisher shall not be taken or pos- sessed at any time, dead or alive, except under the authority of a certificate issued under section 150 of the Conservation Law. No part of the plumage, skin or body of any bird protected by section 219 of the Conservation Law or of any birds coming from without the State, whether belonging to the same or a different species from that native to the State of New York, provided such birds belong to the same family as those protected by law shall be sold or had in possession for sale. This provision does not apply to game birds for which an open season is provided. The nests of wild birds protected by the above provision shall not be robbed or wilfully destroyed except when necessary to protect buildings or prevent their defacement, or when taken under the authority of the Commission. SALE OF GAME PROHIBITED. The dead bodies, or parts thereof, of squirrels of all species and wild deer, elk, moose and caribou of all species shall not be sold, offered for sale or possessed for sale for food purposes within this State, whether killed within or without the State. The dead bodies of birds belonging to all species or sub-species, native to this State, protected by law Fish and Game Seasons. 173 or belonging to any family, any species or sub-species of which is native to this State and protected by law, shall not be sold, offered for sale, or possessed for sale for food purposes within this State, whether taken within or without this State, except as pro- vided by sections 372 and 373 of the Conservation Law. BREEDING AND SALE OF ELK, DEER, PHEASANTS, MALLARD DUCKS, AND BLACK DUCKS. Domesticated American elk, white-tailed deer, European red deer and fallow deer, roebuck, pheas- ants, mallard ducks and black ducks or any of them, may be propagated in a wholly enclosed preserve, or entire island, under a license issued by the Conserva- tion Commission and may be killed and sold under certain regulations. No person shall sell or offer for sale any such game or any part thereof, killed in such a preserve, without first obtaining a license so to do and complying with the law and the rules and regulations of the Commission. 174 Fish and Game Seasons. CERTAIN MAMMALS AND BIRDS MAY BE IMPORTED FROM WITH- OUT THE UNITED STATES AND SOLD. The unplucked carcasses of pheasants of all species, Scotch grouse, European black-game, European black plover, European red-legged partridge, Egyptian quail, and the carcasses of European red deer, fallow deer and roebuck may be imported into this State from without the United States and sold at any time of the year. Such birds and mammals must be tagged immediately upon their importation and be- fore they shall have been sold by the importer. The tags are to remain attached to the quarter, loin or larger portion of such deer and to the birds until consumption of the same. Keepers of hotels, res- taurants or boarding-houses or retail dealers in meat, or clubs, however, may sell without a license portions of a quarter or loin of any such deer so tagged, or portions of any birds so tagged to a guest, customer or member for consumption. All dealers, other than the keeper of a hotel, a restaurant, a boarding-house or a retail dealer in meat, or a club, shall obtain from the Commission a license before offering for sale any such game. Fish and Game Seasons. 175 PROPAGATION AND SALE OF TROUT RAISED IN PRIVATE HATCH- ERIES. Trout not less than six inches long, raised in a private hatchery, may be sold at any time of year under tlie authority of a license issued by the Com- mission. Such trout must be tagged with tags fur- nished by the Commission. TRANSPORTATION OF FISH AND GAME RESTRICTED. No common carrier or person in its employ while engaged in such business of common carrier shall transport any wild game or fish, or any part thereof ag owner. Xo person sliall transport in one day more than the number or limit of wild game or fish that he may lawfully take in one day. Wild game or fish in transportation must be accompanied by the owner thereof, or if such fame or fish be placed in the custody of a common carrier or transported in any package, the said game or fish or any package con- taining the same, shall have affixed thereto a tag plainly marked with the kind and number of such 176 Fish and Game Seasons. game or fish, the names of the consignor and the consignee, the initial point of billing and the point of destination. The receiving or possession of game or fish, pro- tected by law, or any part thereof, for shipment, by any person or common carrier within this State, or by any person in its employ, while engaged in the business of such common carrier, unaccompanied by the owner thereof, or in any package unmarked, as above provided, shall constitute a violation of the law. Upon procuring a license from the Commission a nonresident may transport out of the State the num- ber or limit of fish or wild game that he may law- fully take in one day. Such game or fish must be marked and tagged as above provided. A citizen of the State, upon procuring a license from the Commission, may between the sixteenth day of September and the fifteenth day of January bring into this State as his personal baggage for his private use, game or fish lawfully taken by him in any place outside of this State, provided that such game shall be taken not less than fifty miles from the border of this State, and may be lawfully brought from the State where taken. Game or fish, during the open season therefor in this State, may be im- ported without a license. Game and fish for propagation purposes, the head, hide, feet or fur of quadrupeds and the plumage and Fish and Game Seasons. 177 skin of game birds legally taken and possessed, may be transported without being marked as provided above. PROPAGATION OF SKUNKS. Propagation of skunks is permitted under the au- thority of a license issued by the Commission, pro- vided, however, that such skunks shall not be taken wild during the close season for skunks and that such skunks shall not be disposed of in any way during the close season. REGULATIONS FOR HUNTING AND TRAPPING LICENSES. A hunting and trapping license is required for any kind of hunting or trapping fur bearing animals. Licenses may be procured from any county, city or town clerk and are good in any part of the State from the date of issue to December 31st following. The license must be carried on the person and pre- sented for inspection when required. The license is not transferable. The fee required of citizens of New York State is $1.10; for a nonresident, an un- naturalized person or an alien, $20.50; for a non* 178 FisJi and Game Seasons. resident who is a taxpayer of the State $10.50; such fees to be paid to the clerk issuing the license. A nonresident has the privilege of taking one deer out of the State under conditions to be prescribed by the Commission. OPEN SEASON DEFINED. The word " open season " is the time during which fish, fowl, birds and quadrupeds may be taken. If in accordance with the provisions, of this article the open season commences or ends on Sunday, it shall be deemed to commence or end, as the case may be, on the Saturday immediately preceding such Sunday. For fish and game not mentioned herein, inquiry should be made of the Commission. Violations of laws relating to fish and game should be reported to the Conservation Commission, Albany, N. Y. It should be remembered that this is a syllabus of the law and that the full text of the law should be consulted on special points. RULES AND REGULATIONS Relating to: I. Nets, set and trap lines, eel weirs and eel pots. II. Taking minnows for bait. III. Buying and selling trout artificially propagated. IV. Propagation and sale of skunks. V. Possession of venison. [Adopted by the Conservation Commission on the 18th day of April, 1912, to take efiEect immediately.] I. NETS, SET AND TRAP LINES, EEL WEIRS AND EEL POTS. License 1. No nets of any kind shall be required. set or used for the taking of fish in Lake Erie or Lake Ontario or the inland waters of the State, or in the Hudson River south of Verplanck's Point, for the taking of fish other than migratory food fish of the sea, without a license so to do granted by the Conservation Com- mission. [179] 180 Rules and Regulations, Application 2. Xo license shall be granted ex- therefor. cept upon written application made upon blanks to be furnished by the Commission and signed and sworn to by the appli- cant. All applications for licenses must be endorsed by two responsible persons. The application shall specify the size of mesh and the kind and size of the net to be used together with the length of the wings and leaders. The Commission shall determine and fix the size of nets and the length of the wings or leaders to be used. The Commission may refuse to grant a license to any person for any reason which to it may seem sufficient. Each application shall be accompanied by a satis- factory bond signed by the applicant and two suffi- cient sureties in an aggregate penal sum equal to one hundred dollars for each net specified in the license but not exceeding three hundred dollars; each application for a boat license shall be accompanied by such a bond in the penal sum of five hundred dollars. Failure to return to the Commission at the expi- ration of a license, tags issued by it, or to make the report required by rule thirteen hereof is suf- ficient cause for denying an application for a license. Rules and Regulations. 181 License 3. All licenses for nets shall be subject to granted pursuant and subject to rules. these rules and regulations. Kind of 4. Only such nets, to the number nets to be and of the size of mesh, with leaders used and and wings, of the length mentioned, duration of shall be used as are specified in the license. license; the license shall specify the kind of nets to be used and the duration of ttie license; licenses shall be granted for no longer than one year; all licenses granted during the year will expire on the thirty-first day of December following, unless an earlier date is specified; nets shall be used only during and at the times specified in the license. Revocation. 5. The Commission may revoke any license granted hereunder at any time for any reason which to the Commission may seem sufficient. Not transfer- 6. A license issued pursuant to able. these rules is not transferable and if a licensed net be used by any person other than the licensee or a person in his employ, or under his immediate supervision, it shall be deemed forfeited, revoked and cancelled. tS2 Rules and Regulations. Location 7. Nets sliall be set or used only of nets in the waters mentioned in the restricted. license; the setting and hauling of all nets in those waters shall at all times be under the direct supervision and control of the Conservation Commission or person designated by it, who shall have the power to designate the location of all nets; such location once fixed shall not be changed without the written authority of said Commission or person. No net licensed under a seine license shall be staked, anchored or otherwise fastened while in the water unless specifically permitted in the license. Tagging 8. The Commission shall issue with of nets. each licensed net a tag upon which shall be stamped a number corre- sponding with the number or numbers on the license. Such tag must be attached to the net when in use in such a manner that it will be on the top of or above the water and in plain sight at all times. ^, Exhibition of 9. The owner of each licensed boat license. on Lake Erie shall at all times have his license in plain sight, aboard said boat. Each licensee must exhibit his license when requested by any game protector or by any peace officer of this State or by any person designated by the Commission. Rules and Regulations. 183 Mesh of 10. The mesh of all nets used nets. under any license, except to take min- nows for bait, sliall be as follows: Nets for taking lake trout and W'hitefish, not less than 4%-inch mesh or 2%-inch bar; Nets for taking Otsego whitefish in Otsego LaKe, not less than 3-inch mesh or 1%-inch bar; Nets for taking fish, other than lake trout and whitefish, not less than 3-inch mesh or li/^-inch bar. Disposal of 11. Fish not allowed to be taken fish unin- under 'the license shall be carefully tentionally handled and immediately returned to t taken or the water; fish which may be taken, undersized if under the size limit and taken in fish taken in giil nets, must be disposed of as pro- gill nets. vided in section 177 of the Conser- vation Law. Reports, 12. Every person holding a license shall make an annual report to the Commission of the number, weight and species of fish caught and the value of same, and return the tags, issued to him with the license. License 13. An applicant shall, at the time fees. of filing his application for a license, pay to the Commission a license fee as provided in the following schedule: For each minnow net per lineal foot $0.10 For each scoop, dip or scap net. 1.00 For each fvke net 5.00 184 Rules and Regulations, For each trap net $10.00 For each machine trap net 20.00 For each seine or gill net used only for tak- ing fish not protected by law, per lineal foot 15 For each seine or gill net used only for tak- ing fish protected by law, per lineal foot, 15 cents, but not exceeding 25.00 For each gill net of not less than 5- inch mesh or 2%-inch bar for taking short nosed stur- geon, per lineal foot, 15 cents, but not ex- ceeding 25.00 For each gill net of not less than 10-inch mesh or 5-inch bar for taking other sturgeon, per lineal foot, 15 cents, but not exceeding.... 25.00 For each gill net of not less than 6- inch mesh or 3-inch bar for taking carp, per lineal foot .15 For each line to catch sturgeon 5.00 For each eel pot 5.00 For each eel weir and trap 25.00 For each stake net, per 100 lineal feet 2.00 The above schedule of fees shall not apply to tlie waters of Lakes Erie or Ontario. In these waters the fees shall be as follows: For each fyke net $10.00 For each trap net 20.00 For each row or sail boat used in fishing with gill nets 10.00 Rules and Regulations. 185 For each boat of any other kind, under ten tons gross tonnage, so used $25.00 For each boat of any other kind, per ton, gross tonnage, so used 3.00 Size of 14. Eel pots must not be more than eel pots. 56 inches long, nor more ' than 12 inches in diameter if round, and not more than 12 inches square, if square in form. The aperture or mouth of any eel pot shall be not more than one and one-half inches in its greatest diame- ter. There shall be no fixtures or wings of any kind attached to or used in connection with eel pots. Size of 15. For the purposes of these rules eel weirs. an eel weir shall consist of not to exceed two wings or leaders fastened to an eel trap; no eel trap shall have attached thereto more than one weir; the length of each weir shall be determined by the Commission or person designated by it; and the use of weirs of a greater length than that specified in the license is pro- hibited. 16. Eel weirs and eel pots shall not be constructed, r^et or used in any manner so as to unduly obstruct the natural flow of water or interfere with the free passage of boats. The use of eel weirs, the laths of which are less than one inch apart, is prohibited. Each eel weir or eel pot shall have attached thereto a tag, issued by the Commission, upon which 186 Rules and Regulations. sJiall be stamped a number corresponding with the number on the license. All fish, except eels, taken in an eel weir or an eel pot, must be immediately returned to the water. Bait or 17. Bait lines or trap lines to take trap lines sturgeon shall not exceed 1,200 feet to take in length and the bait lines shall use sturgeon. Number 9-0 hooks and be anchored on the bottom; trap lines shall use Number 10-0 hooks and be anchored not over three feet from the bottom. Each bait line or trap line shall have attached to one end thereof a buoy which shall be above water and in plain sight at all times; each buoy shall have attached thereto a tag, issued by the Commission, upon which shall be stamped a number corresponding with the number on the license. Set lines. 18. Set lines other than sturgeon lines shall not be more than 500 feet in length nor contain more than 100 hooks; one end shall be attached to the shore and the other end thereof shall be anchored to the bottom; it shall not be lawful for one person to own or operate more than one such line; nothing but dead bait shall be used and no minnows, either dead or alive, shall be used for bait; no fish other than the kind mentioned in section 254 of the Conservation Law shall be taken with such lines. Rules and Regulations. 187 II. TAKING MINNOWS FOR BAIT FOR SALE. 19, Each application for a license to take minnows for bait for sale shall be accompanied by a satisfactory bond in the penal sum of two hundred dollars, signed by the applicant and two sufficient sureties. 20. Black bass, maskalonge, white fish, pickerel, pike, pike-perch, lake trout, striped bass, perch and bullheads, taken in a net used to take minnows for bait shall be immediately returned to the water uninjured. No net more than twenty-five feet long shall be used for taking minnows for the owner's personal use. Ill, BUYING AND SELLING TROUT ARTIFICIALLY PROPAGATED. Lease of 21. The Commission will lease to tagging each applicant to whom a permit is device issued to engage in the business of and rental, propagating and selling trout raised in a private hatchery, a device to be used in tagging the trout. No device other than the one so furnished shall be used for this purpose. Each applicant shall pay to the Commission as and for rental of said machine for the first year the sum of fifty dollars, in advance, and the sum of one dollar 188 Rules and Regulations. 1 each year thereafter. At the expiration of said per- mit the applicant shall return said machine to the Conservation Commission, in as good condition as when taken, natural wear and tear excepted. Tags and 22. The Commission will furnish to fees. each person to whom a permit is is- sued metallic tags inscribed with the letters "N. Y. S. C. C." and with the number of the permit. Each applicant shall pay to the Com- mission for said tags the sum of three cents each. Only tags so furnished shall bo used; no tag shall be used more than once. Sale of 23. Artificially propagated trout trout. not less than six inches long may be sold for consumption, at any season of the year, under said permit, provided one of said metallic tags is firmly attached to each trout. The sale of wild trout is prohibited at all times. Any person holding a permit as aforesaid may sell, exchange or give away at any season of the year, for the purpose of propagation or exhibition, any live trout propagated by him. Live trout for propagation purposes only, may be transported when accompanied by a permit issued bv the Commission and not otherwise. Marking 24. Before any trout are shipped or packages. transported the package in which the same are contained must have affixed thereto a tag on which shall be plainly marked the Rules and Regulations. 189 number of pounds and kind of trout contained therein, together with the name and address of the consignee and the consignor, the initial point of billing and the point of destination. Right to have 25. Any person may buy, sell or trout for have in possession for sale for use consumption, as food at any season of the year, a trout artificially propagated and kept, provided that such trout is not less than six inches long and provided also that the same is tagged as hereinbefore provided. The tag shall be removed only by the consumer, and when removed shall be destroyed. Reports. 26. Every person receiving a per- mit as aforesaid, to propagate and keep trout, shall make a written report to the Commission on or before December thirty-first of each year, stating the number and variety of trout sold or exchanged, or given away for use as food, or for propagation or exhibition during the preceding year. IV. PROPAGATION AND SALE OF SKUNKS. Bond. 27. Each application for a license to engage in the business of propa- gation and sale of skunks shall be accompanied by a satisfactory bond to the People of the State in the Denal sum of five hundred dollars, conditioned 190 Rules and Regulations. 1 that the applicant will not keep skunks which are taken wild during the close season for skunks and will not dispose of skunks in any way during the close season; that he will observe all of the pro- hibitions, restrictions and conditions imposed by the terms of the license to be issued and the provisions of section 200 of the Conservation Law. Approval of 28. If said bond is approved, and bond, and upon payment to it of a fee of ten fee. dollars, the Commission shall issue to the applicant a license permitting him to keep skunks under the provisions of said section for one year from a time therein stated, but no such license shall be issued to take effect during the close season. Renewal of In order to authorize the continu- license. ance of such license thereafter, the licensee shall renew said bond annu- ally, and the fee for renewal of license shall be five dollars. Construction. 29, ISTo person purchasing skunks from such licensee shall have them in possession during the close season, even though purchased during the open season. Penalty. 30. Any person violating the provi- sions of such bond, any rule or regu- lation of the Commission or any of the provisions of Rules and Regulations. 191 section 200 of the Conservation Law shall forfeit his license and shall be denied the privilege of giving another bond. V. POSSESSION OF VENISON. Application. 31. Applications for a license to possess venison during any calendar year, pursuant to the provisions of section 191 of the Conservation Law, must be made and the license granted on or before November 16. The applicant shall at the time of filing his appli- cation for a license pay to the Commission a license fee of five dollars, and such license shall be granted only to a person holding a hunting and trapping license. A license shall permit the person killing the deer to possess the same in his own home for consump- tion and not otherwise, from November 21 to Janu- ary 1, both inclusive, provided that said deer or venison shall be tagged as follows: Each quarter of said deer shall be tagged with a tag to be furnished by the Commission. The Commission will also furnish with the license duplicate coupons which shall be filled out, signed and sworn to by the licensee; one coupon shall be attached to the deer and one coupon shall be filed with the Commission on or beiore November 20th of the same year; the tags shall be fastened and locked to each quarter and the coupon attached to 192 Rules and Regulations. said deer on or before November 20th next succeeding the date of killing. Amending or 32. The Conservation Commission abrogating reserves the right to alter, amend, or rules. abrogate, any or all of the foregoing rules and regulations, and may adopt new ones at any time as the Commission may deem expedient. Nothing contained in any of these rules and regulations sliall be construed as compelling the issuing of a license to any person nor to prevent the revoking of such license at any time. Penalties. 33. Any person who shall violate any of these rules shall be subject to tJie penalties imposed by provisions of the Con- servation Law in relation to fish and game. Construction. No license or permit issued by the Commission under Article 5 of the Conservation Law shall be deemed to authorize the licensee, or person to whom such a permit is issued, to trespass upon any private lands, or to do any injury thereto, or to exclusively occupy any land owned by the State, including lands under water, or to exclusively use any public waters of the State. APPENDIX [193] THE LACEY ACT. [Chap. 553 (1900).] UNITED STATES STATUTE. AN ACT to enlarge the powers of the department of agriculture, prohibit the transportation by inter- state commerce of game killed in violation of local laws, and for other purposes. Be it enacted hy the Senate and House of Repre- sentcitives of the United States of America in Con- gress assembled, That the duties and powers of the department of agriculture are hereby enlarged so as to include the preservation, distribution, introduction, and restoration of game birds and other wild birds. The secretary of agriculture is hereby authorized to adopt such measures as may be necessary to carry out the purposes of this act and to purchase such game birds and other wild birds as may be required therefor, subject, however, to the laws of the various states and territories. The object and purpose of this act is to aid in the restoration of such birds [195] 196 The Lacey Act. in those parts of the United States adapted thereto wliere the same have become scarce or extinct, and also to regulate the introduction of American or foreign birds or animals in localities where they have not heretofore existed. The secretary of agriculture shall from time to time collect and publish useful information as to the propagation, uses, and preservation of such birds. And the secretary of agriculture shall make and publish all needful rules and regulations for carry- ing out the purposes of this act, and shall expend for said purposes such sums as congress may ap- propriate therefor. § 2. Repealed by chapter 321 of the Laws of 1901) of the United States. § 3. Repealed bj^ chapter 321 of the Laws of 1900 of the United States. § 4. Repealed by chapter 321 of the Laws of 1909 of the United States. § 5. That all dead bodies or parts thereof, of any foreign game animals, or game or song birds, the importation of which is prohibited or the dead bodies, or parts thereof, of any wild game animals, or game or song birds transported into ary state or territory, or remaining therein for use, consumption, sale, or storage therein, shall upon arrival in such state or territory be subject to the operation and effect of the laws of such state or territory enacted in the The Lacey Act. 197 exercise of its police powers, to the same extent and in the same manner as though such animals and birds had been produced in sucli state or territory, and shall not be exempt therefrom by reason of being, introduced therein in original packages or otherwise. This act shall not prevent the importation, trans- portation, or sale of birds or bird plumage manu- factured from the feathers of barnyard fowl. Approved, May 25, 1900. CHAPTER 321 of the Laws of 1909 of the United States. AN ACT to codify, revise and amend the penal laws of the United States. Be it enacted hy the Senate and House of Repre- sentatives of the United States of America in Con- gress assembled, That the penal laws of the United States be and they hereby are codified, revised and amended with title, chapters, head notes and sections, entitled, numbered and to read as follows: CHAPTER 9. § 241. The importation into the United States or any territory or district thereof, of the mongoose, the so called " flying foxes " or fruit bats, the English 198 The Lacey Act. sparrow, the starling, and such other birds and animals as the secretary of agriculture may from time to time declare to be injurious to the interests of agriculture or horticulture is hereby prohibited; and all such birds and animals shall, upon arrival at any port of the United States be destroyed or returned at the expense of the owner. No person shall import into the United States or into any territory or district thereof, any foreign wild animal or bird, except under special permit from the secretary of agriculture. Provided, That nothing in tliis section shall restrict the importation of natural history specimens for museums or scientific collections, or of certain cage birds such as domesti- cated canaries, parrots or such other birds as the secretary of agriculture may designate. The secretary of the treasury is hereby authorized to make regvilations for carrying into effect the pro- visions of this section. § 242. It shall be unlawful for any person to de- liver to any common carrier for transportation, or for any common carrier to transport from any state, territory or district of the United States to any other state, territory or district thereof, any foreign animals or birds, the importation of which is pro- hibited, or the dead bodies or parts thereof of any wild animals or birds, where such animals or birds I II ■II The Laceij Act. 199 have been killed or shipped in violation of the laws of the state, territory or district in which the same were killed or from which they were shipped. Pro- vided, Tlmt nothing herein shall prevent the trans- portation of any dead birds or animals killed during tlie season when the same may be lawfully captured and the export of which is not prohibited by law in the state, territory or district in which the same are captured or killed. Provided further. That noth- ing herein shall prevent the importation, transporta- tion or sale of birds or bird plumage manufactured from the feathers of barnyard fowls. § 243. All packages containing the dead bodies, or the plumage or parts thereof, of game animals, or game or other wild birds, when shipped in inter- state or foreign commerce, shall be plainly and clearly marked, so that the name and address of the shipper, and the nature of the contents may be readily ascertained on an inspection of the out- side of such package. § 244. For each evasion or violation of any pro- vision of the three sections last preceding, the ship- per shall be fined not more than two hundred dol- lars; the consignee knowingly receiving such articles so shipped and transported in violation of said sec- tions shall be fined not more than two hundred dol- lars; and the carrier knowingly carrying or trans- 200 The Lacetf Act. porting the same in violation of said sections shall be fined not more than two hundred dollars. The above sections 241, 242, 243, 244 take the place of sections 2, 3 and 4 of the Lacey Act. ^1 SYNOPSIS OF THE CONSERVATION LAW RELATING TO LANDS, FORESTS AND PUBLIC PARKS, ARRANGED IN ALPHABETICAL ORDER BY SUBJECTS. I (Chap. 444, Laws of 1912.) Note. — It will be observed that this synopsis does not purport to give tlie full text of the lands and forest law. Reference must therefore be had to the statute itself in determining the nature and extent of the duties, liabilities, penalties and punishments imposed by the act. ACTIONS. 1. For Trespass. Actions may be brought oii-the Older of tlie Commission in the name of the people ( § 63 ) . See " Trespass on state hinds." 2. For Penalties. May be brought on order of Commission in name of people. Such actions, if in Justice's Court, may be brought in any* town of the county in which the penalty is incurred, or, if the defendant resides in another county in any town of the county in whicli the defendant resides. (§ 26.) [201] 202 Conservation Law. 3. To Set Aside Cancellations and Determine Title. The Commission may bring any action or special pro- ceeding in the name of the people, which an owner of land would be entitled to bring in a court of justice or before the Comptroller of the State (a) to set aside the cancellation of any sale of land for taxes, or (b) to ascertain and determine the title to any lands claimed by the commission to be owned by the people of the State within the Adirondack and Catskill parks, or in any of the Forest Preserve counties, claimed by any person adversely to the State, and, (c) to recover the possession thereof, and (d) to demand an accounting and recover dam- ages for any timber cut or removed from such lands, and (e) if demanded in the complaint, to recover triple damages therefor. The Commission may make any tender or demand before or after commencing any such action or pro- ceeding which it may deem necessary for the pur- pose of entitling it to enforce or defend any right or claim on behalf of the State. 4. Title. The Commission may also bring any action or proceeding necessary to perfect the State's title or record, title, to any lands situate within such parks, or in the Forest Preserve counties, and a pre- liminary or final injunction may be brought pend- ing any such action. (§ 64.) Conservation Law. 203 ADIRONDACK PARK. 1. The Adirondack Park includes all lands, both State and private, embraced within the boundaries described in section fifty-one of the Conservation Law. (§ 109, Definitions.) 2. All lands owned by the Staie within such park shall be forever reserved for the free use of all the people. (§ 51.) AUDITOR OF FIRE ACCOUNTS. The Commission may appoint an auditor of fire bills and accounts, who shall audit all fire bills when reported to the Commission and perform such other acts as the Commission may from time to time direct. (§95.) ADVANCES FOR FIGHTING FIRES. 1. The auditor of fire accounts may draw on the Comptroller for advances to meet expenses of fight- ing fires, but the advances unaccounted for by. the auditor of fire accounts for the expenses of fighting fires, shall not at any time exceed five thousand dollars. 2. The said auditor of fire accounts shall monthly render accounts of the amounts paid for such expenses of fighting fires, with sworn vouchers for the same, to the Comptroller, who shall audit them. (§ 96.) 204 Conservation Law, APPROPRIATION OF LANDS. 1. Entry upon. The commission may enter upon and take possession of any lands, forests, and riglits in timber upon such lands, and waters, or any part or portion thereof, within the Adirondack or Catskill parks, the appropriation of which in the judgment of tiie Commission, shall be necessary for public park purposes or for the protection and conservation of the lands, forests and waters within the State, or for the purpose of artificial propagation of food and game fish for restocking the public waters of the State. 2. Description. Upon the request of the Con- servation Commission an accurate description of such lands, forests or other property appropriated, shall be made by the State Engineer and Surveyor and certified by him to be correct, and the Commission shall indorse thereon a statement that the lands described in such certificate have been so appro- priated. (§ 67.) 3. Notice. The Commission shall thereupon cause a duplicate of such description and certificate, with the date of filing thereof in the office of the Comptroller, to be served on the owners of the property appropriated, and from the time of such service, the appropriation shall be deemed com- plete, and the title vested in the people of the State. (§ 68.) Conservation Law. 205 The service of the notice and papers must be personal if the person can be found within the State; if not, service may be made as provided by the Code of Civil Procedure for the service of a summons upon an unknown owner or person without the State. (§69.) 4. Record. A duplicate of such description, cer- tificate and notice of filing, with an affidavit of due service thereof on the owner or owners, shall be recorded in the office of tjie clerk of the county in whicli any of the property described therein is situated. (§ 70.) 5. Adjustment of claims. Claims for the value of property appropriated and for legal damages caused by any such appropriation, may be adjusted by the Commission if the amount thereof can be agreed upon with the owners. Upon making sucli agreement, a certificate stating such fact and the amount due, shall be delivered by the Commission to the Comptroller and the amount so fixed shall be paid by the Treasurer upon the warrant of the Comptroller. (§ 71.) 6. Board of Claims. In case the Conservation Commission and the owners of property appropriated fail to agree upon the value of any such property within one year after the service of notice of such appropriation upon the owner, the owner may within two years following the service of such notice, present to the Board of Claims a claim for the value of such 206 Conservation Laiv. land and legal damages; and upon an award by the Board of Claims and a certificate by the Attorney- General that no appeal has been, or will be taken by the State, the Comptroller may issue his warrant for the payment of the amount due the claimant. Interest on such claim shall be allowed only from the date of the judgment until the thirtieth day after the entry of final judgment. (§ 72.) The Board of Claims may also examine the real property afTected and take testimony in relation thereto if requested by the claimant or the Attorney- General. (§ 73.) 7. (a) Owner May Reserve Timber. The owner of land appropriated may, with the written consent of the Conservation Commission, reserve all trees on the land appropriated, which shall be eight inches or mors in diameter, breast high, at the time of the service of the notice of appropriation. The reser- vation must be exercised within six months after notice of the appropriation, by the owner serving upon the Commission a written notice of such reser- vation, and if such notice is not so served, the owner will be deemed to have waived his rights to reserve timber. If the claim is presented to the Board of Claims before the service of the notice, that also will be deemed a waiver of the right to such reser- vation. (§ 74.) (b) Lands Purchased. All trees eight inches and upwards in diameter, breast high, may be reserved Conservation Law, 207 by the owner of lands purchased upon an agreement with the Commission and the owner, subject to any lien, mortgage or other incumbrance not extending fifteen years beyond the date of acquisition. (§ 75.) (c) Restrictions. Trees or timber within twenty rods of a lake, pond or river, cannot be reserved. All timber reserved must be removed from the land within fifteen years after the service of notice of reservation or the making of the contract of pur- chase, and such removal is subject to reasonable rules and regulations to be prescribed by the Com- mission. The land upon which such timber is reserved, shall not be cut over more than once and such cutting shall also be subject to reasonable rules and regulations of tie Commissiun. All timber reserved and not removed from the land within fifteen years, shall thereupon become the property of the State. (§ 76.) (d) Compensation. A person who reserves timber as provided in this article, shall not be entitled to any compensation for the value of the land pur- chased or appropriated by the State until the timber so reserved is all removed and the object of the reservation fully consummated or the time limited for the removal of the timber is fully lapsed, or the right to remove any more timber waived by a written instrument filed with the Commission, and the Com- mission must be satisfied that no trespass has been committed by the owner on any State lands, and 208 Conservation Law. that no cause of action exists against said owner for any alleged trespass or other injury to tlie property or interests of the State, and that the owner has complied with all rules, regulations and requirements of the Commission concerning the use of streams or other property of the State for the purpose of removing such timber. The Commission may, under certain conditions, direct payment of a portion of such compensation to the owner. (§ 77.) (e) Value. In arriving at the value of the land purchased or appropriated upon which timber has been reserved, the value of the timber reserved at the time of the agreement for the purchase, or in case of no agreement, at the time of the presentation of the claim to the Board of Claims, shall be taken into consideration in arriving at the amount to be paid to the owner for such value. (§ 78.) 8. Appraisers. The commission may appoint ap- praisers to examine the value of lands offered for sale to the State, and may fix the compensation of such appraisers and their assistants. The persons so appointed may be removed at the pleasure of the Commission. (§ 79.) 9. Adjustment of Claims. In cases of trespass or other injuries to land or property purchased or i acquired by the State, .the Commission may settle* and adjust any claims for damages to the State on account of any such trespass or other injuries to property or interests of the State, or for penalties. Conservation Laiv. 209 The amount of such damage or penalty so adjusted, shall be deducted from the original compensation agreed to be paid for the land, or from the judgment rendered by the Board of Claims on account of the appropriation of such land. (§ 80.) 10. Judgments. When a judgment for damages is rendered for the appropriation of any lands, and it appears that there is any lien or incumbrance upon the property so appropriated, the amount of such lien shall be stated in the judgment and the Comp- troller immediately deposit the amount awarded to the claimant in any bank in which moneys belonging to the State may be dep®sited, to the account of such judgment to be paid to and distributed to the per- sons entitled to the same as directed by the judg- ment. (§ 82.) 11. Warrants. A warrant shall not be drawn by the Comptroller for the amount of compensation agreed upon between the owner and the Commission, nor for the amount of a judgment rendered by the Board of Claims until a certificate is filed with the Comptroller by the Commission to the effect that the owner has not reserved any timber and that he has complied with all the provisions of the article relating to lands and forests. (§ 83.) 12. Interest. If timber is reserved upon land pur- chased or appropriated, interest is not payable upon the purchase price or tlie compensation awarded for the value of such lands, or for damages caused by 210 Conservation Laio. such appropriation, except as provided in section 72 of this chapter. (§ 84.) 13. Costs. If an offer is made by the commission for the value of land appropriated, and such offer is not accepted, and the recovery in the Board of Claims exceeds the offer, the claimant is entitled to costs and disbursements against the State as in an action in the Supreme Court. If the recovery in the Board of Claims does not exceed the offer, costs and dis- bursements shall be awarded in favor of the State against the claimant. (§ 85.) 14. Streams. Persons entitled to cut and remove timber under this article,- may use the streams or other waters of the State within the forest preserve counties, for the purpose of removing such timber under such regulations and conditions as may be prescribed by the Commission. The person using such waters sliall be liable for all damages suffered by the State or any person, caused by such use. .(§ 87.) CAMPS AND CAMP FIRES. 1. Regulations Regarding Same. Every person who starts a camp or other fire upon, or in t',.e vicinity of, forest or wood land, for cooking, obtaining warmth or any industrial purpose, shall, before lighting the same, clear the ground of all branches, brushwood, dry leaves or other combustible material within a radius of ten feet from the fire, and shall carefully extinguish the fire before quitting the place. I Conservation Law. 211 2. Violations. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor punishable by a fine of not less than ten or more than twenty-five dollars and costs of prosecution, or by ' imprisonment in the county jaic for not more than ninety days, or by both such fine and imprisonment. (§ 100.) CATSKILL PARK. (1) The Catskill Park consists of all lands located in the counties of Greene, Delaware, Ulster and Sulli- van within the boundaries described in section fifty- two of the Conservation Law. (2.) The park includes all lands, both State and private, embraced within such specified boundaries. (§ 1P9.) COURTS. 1. Jurisdiction in Criminal Cases. Subject to the powder of removal provided in tlie Code of Criminal Procedure, courts of special sessions and police courts shall have, in the first instance, jurisdiction of ofi'ences committed under this chapter within their respective counties. The warrant shall be returnable before the magistrate issuing the same. And for the purpose of this chapter only, the jurisdiction of the coui-ts mentioned in this section is extended as a misdemeanor to permit imposition of fines and sentences therein by this chapter. (§ 31.) 212 Conservation Law, CONVICTS. SEE REFORESTATION; POWERS OF COMMISSION", COSTS AND DISBURSEMENTS. 1. Actions by the People. In case of recovery of any amount in an action brought for a penalty under tins chapter, or in any action authorized by this chapter, the people shall be entitled to recover full costs, and at the rates as provided for by sections 3228 and 3251 of the Code of Civil Procedure, to- gether with witness fees and other disbursements. (§ 27.) 2. Offer on Appropriations. See appropriation of land, subdivision 13; costs. COMMISSION. General Powers. The commission shall have the care, control and supervision of tlie forest preserve and all parks and reservations; make necessary rules and regulations; administer laws relating to forest tree culture and reforestation ; publish pamphlets and circulars of instructions ; issue licenses to guides ; cause investigations to be made as to methods of reforestation, prevention of forest fires, etc. Have power to purchase land subject to the approval of the governor; receive and accept money or land for forest preserve or forestry purposes; make rules for the prevention of forest fires; have power to visit and inspect public parks, places and reservations, make recommendations thereon. (§ 55.) Conservation Law. 213 DEEDS, CONTRACTS AND RECORDS. 1. Where Filed. All contracts, deeds of gift or purchase, and papers relating to appropriation of lands, and the abstract of title, shall be approved by the Attorney-General, and all such original papers shall be filed in the office of the Comptroller, and the conveyances recorded in the proper County Clerk's offices as provided by Jaw, and certified copies of all such papers and all abstracts of search and title relating to lands in the Forest Preserve, shall be filed in the office of the Conservation Commission. (§ 86.) DEFINITIONS. 1. Words and Phrases. Forest preserve counties are those counties in which any lands therein, if acquired by the State, will become a part of the forest preserve. 2. The Adirondack park includes all lands, both state and private, embraced within the boundaries described in section fifty-one of this chapter. 3. The Catskill park includes all lands, both State and private, embraced within tbe boundaries described in section fifty-two of this chapter. 4. Trespass includes cutting, injuring, taking or removing trees of any size, or timber, or other property of the State, or entering upon the lands of the State with intent to cut, injure, take or remove trees of any size or timber or other property of the State. 214. Conservation Law. 5. Person includes a co-partnersliip, joint-stock company or corporation. (§ 109.) DISCONTINUANCE OF ACTIONS. See Suits axd Prosecutions; Compkomise. DEVICES FOR FIRE PROTECTION See Railroads; Clearing Right of Way (§ 103.) DISTRICT FOREST RANGERS. (1.) A district forest ranger shall be appointed for each fire district, who shall have charge, under the direction of the Commission of the fire fighting system and the men in each district, and who shall bo charged with the duty of preventing and extin- guishing forest fires, and such other duties as may be required by the Commission. (§91, subd. 3.) (2.) The district forest ranger may, when neces- sary, employ men and teams to fight forest fires, and foremen, to be known as fire wardens, to direct the work of men who are actually engaged in fighting forest fires, and he may incur any other necessary expense, and may summon any male person of the age of 18 years and upwards to assist in fighting forest fires. (§ 92, subd. 2.) (3.) The district forest ranger shall divide his fire district into such separate fire districts as the public interests require. (§ 92.) Conservation Law. 215 (4.) The district forest ranger shall transmit all reports of forest lires in his districts, to the Com- mission, giving the particulars thereof as required of the forest ranger. (§ 92, subd. 4.) ENGINES. L Rejection from Service. The chief fire inspec- tor appointed by the Conservation Commission, shall imiiiediatcly report to the Conservation Commission any locomotive or logging engine which, in the opinion of said inspector, is deficient in adequate design, construction or maintenance of the fire pro- tective devices designated in section one hundred and three of this article, and any such locomotive or logging engine so reported, shall not be continued in service after five days notice from the Conservation Commission, until such defects have been remedied to the satisfaction of the Conservation Commission. (§ 105.) EXAMINATION OF LANDS. 1. Private Forest or Woodland. . To the end that the water supply of the State may be conserved, the forest protected, and the public interests safe- guarded, the Commission may enter upon any private forest or woodlands for the purpose of inspection and examination relative to the practice of the proper methods of forestry-, and may thereafter advise the owner or occupant of such lands in respect thereto. (§ 88.) 216 Conservation Law, EXEMPTION FROM TAXATION, REFORESTED LANDS. 1. Area. The owner of any waste, denuded or wild forest lands of an area of five acres or upwards, which are unsuitable for agricultural purposes, may apply to the Conservation Commission to have said lands, or any part thereof separately classified as lands suitable for reforestation or under planting. 2. Application. Such application shall contain a complete description of the land and shall state its area, character and the location thereof; shall be accompanied by a certifilcate of the assessors of the district; shall set forth the assessed valuation of said lands for the last five years preceding the said application, and if said lands have not been separately assessed, a sworn statement of tb.e asses- sors of the value of such lands, which value shall be at the same rate as other waste denuded or wild forest land in such tax district similarly situated. 3. Examination. If it appears from such applica- tion and certificate or sworn statement that such lands are suitable for reforestation or under planting purposes, and have not been assessed or valued during period of five years next preceding the date of such application at an average valuation of more than five dollars per acre, the Commission may cause an examination to be made of the land for the purpose of determining whether or not it is of the character suitable to be reforested or under planted, and to be Conservation Law, 217 classified as such, and if after such examination the Commission shall determine that such lands are suitable for reforestation or under planting, it may enter into a written agreement with the owner to the effect that the Commission will furnish the owner at a price not to exceed the cost of production, trees to be set out on said lands of the kind and number to be prescribed by the Commission, and that the lands will not be used for any purpose other than forestry purposes during the period of exemption. 4. Certificate. The agreement shall be recorded in the county where the lands are situated and within a year the lands shall be planted by the owner with the number and kind of trees specified, and upon proof thereof to the Commission, the Commission may execute and file with the County Treasurer a certificate setting forth a description of the lands and that they have been separately classified for taxation in accordance with law, and that such lands shall not be assessed during the period of thirty-five years at a greater average valuation than the same lands were assessed for the last five j-ears preceding the date of application, and such certificate shall be filed by the County Treasurer with the assessors of each tax district, who shall enter upon their assess- ment rolls opposite such lands, a statement of the valuation at which the same shall be carried on the assessment rolls of the town for the period provided in said agreement, to-wit, thirty-five years, provided 218 Conservation Lam the same be maintained for forestry purposes to til extent provided in the agreement between the Conser- vation Commission and the owner. 5. Period. The right to such exemption from tax- ation shall be inviolable and irrevocable as a con- tract obligation of the State, so long as the owner of the land so planted, shall fully comply with and perform the conditions of such contract, not ex- ceeding said period of thirty-five years. (§ 89.) FIRES AND FIRE PROTECTIVE SYSTEM. (1) The Commission is directed to make and en- force such rules and regulations as may be necessary and proper for the organization, maintenance, govern- ment and direction of a fire protective system for the State. (2) The Commission shall divide the lands which are within the fire district territory (see § 97) into such number of suitable and convenient fire districts as in the judgment of the Commission may be neces- sary. (3) They shall appoint a district forest ranger for each of such fire districts, who shall act during the pleasure of the Commission. (4) They shall provide all proper fire-prevention and fire-fighting implements and apparatus; organize fire companies; establish observation stations and employ men to attend them in all fire districts established by the Commission; provide fire signals Conservation Law, 219 and adopt a fire signal code; construct and maintain telephone lines and provide such other means of communication as shall be necessary to prevent and fight forest fires. (5) Cause such trails to be cut, ditches to be dug, and barriers to be erected in the forests as may be necessary to enable all persons quickly to reach the location of such fires and to prevent and fight the fires. (§ 91.) FIRE DISTRICTS. See District Forest Rangers, 3. FIRES TO CLEAR LANDS. 1. Permission. Fallows, stumps, logs, brush, dry grass or fallen timber shall not be burned at any time in what are known as the fire towns, without first obtaining the written permission of the district forest ranger, or of the forest ranger of the district in which the fire is to be set. If in a locality near forest or woodland, the district forest ranger, or forest ranger shall be personally present when the fire is started. 2. Starting. Such fires shall not be started dur- ing heavy winds, or without sufficient help to control the same, and the same shall be wat<;hed by the person setting the fire until put out. Whenever a fire which has been set for the purposes above speci- fied, is found burning upon the lands of any person 220 Conservation Laic. within any of such fire towns, siicli fact shall be prima facie evidence that such fire was started by the owner or occupant tliereof. 3. Violations. Any person who violates any of the above provisions is guilty of a misdemeanor, and in addition thereto, is liable to a penalty of not less than fifty dollars nor more than three hundred dollars. (See § 97, subd. 1.) FIRE TOWNS. The following is a list of the towns known as the fire towns: All the towns in Hamilton county; the tov/ns of Altona, Au Sable, Black Brook, Dannemora, Ellenburg and Saranac, Clinton county; the towns of Andes, Colchester, Hancock and Middletown, Dela- ware county; the towns of Chesterfield, Elizabeth- town, Jay, Keene, LcAvis, Minerva, Moriah, Newcomh, North Elba, North Hudson, Saint Armand, Schroon and Wilmington, Essex county; the towns of Alta- mont, Belmont, Brighton, Duane, Franklin, Harrietts- town, Santa Clara and Waverly, Franklin county; the towns of Bleecker, Caroga, Mayfield and Strat- ford, Fulton county: the towns of Hunter, Jewett, Lexington and Windham, Greene county ; the towns of Ohio, Russia, Salisbury, Webb and Wilraurt, Herkimer county ; the towns of Crogan, Diana, Oreig, Lyonsdale and Watson, Lewis county ; the towns of Forestport and Eemsen, Oneida county; the to^^^l9 of Corinth, Day, Edinburgh and Hadley, Saratoga Conservation Law. 221 county; the towns of Clare, Clifton, Colton, Fine, Hopkinton, Parisliville, Pierceville, Pitcairn, St. Law- rence county; the towns of Neversink and Rockland, Sullivan county; the towais of Denning, Gardiner, Hardenburg, Olive, Rochester, Shandaken, Shawan- gunk, Warwarsing and Woodstock, Ulster County; the towns of Bolton, Caldw^ell, Chester, Hague, Iloricon, Johnsburg, Luzerne, Queensbury, Stone Creek, Thur- nian and Warrenburg, Warren county; the towns of Dresden, Fort Ann and Putnam, Washington county. (See § 97, subd. 2.) FIRE WARDENS. 1. Foremen. Men may be employed by a district forest ranger, a forest ranger, a game protector or any other officer charged with the duty of lighting fires, as foreman, and who shall be known as fire Avardens, and such foremen shall be charged with the duty of directing the work of men who are actually engaged in fighting forest fires. (§ 92, subd. 2.) 2. Special Fire Wardens. Where owners of wood- lands, or any organization, shall maintain a fire patrol for protection of woodlands, the Commission may designate such patrolman as special fire warden and give to him, for the protection of lands patrolled by him or adjacent thereto, all rights and powers of forest rangers as provided for in the act; but such special fire warden shall be paid wholly by such owners or organizations. (§ 93.) 222 Conservation Laio, FIGHTING FIRES, EXPENSE, HOW PAID. 1. State Charge. All salaries, costs and expenses incurred by the Commission and its appointees in the performance of their duties in connection witii the fire protective system, shall be a State charge, and shall be paid by the State, except the wages, expenses and keeping of the fire wardens and men summoned or employed to fight forest fires actually burning. (§ 94, subd. 1.) 2. Town and State. The wages, expenses and keeping of fire' wardens, men and teams summoned or employed to fight forest fires actually burning, shall be fixed and paid by the Commission, and the labor reckoned and paid by the hour, which shall not exceed the rate of fifteen cents for each hour employed, except fire wardens who shall be paid twenty-five cents for each hour employed. (Subd. 1.) The Commission shall keep an accurate account of, and pay the wages and expense of keeping fire ward- ens and men, teams, tools, implements and equipment employed in fighting forest fires actually burning. One-half of the expense thereof shall be a charge upon and shall be paid by the State, and the remaining one-half a charge upon and shall be paid by the town in which the fire wardens and men so employed were actually engaged in fighting fires, and the board of supervisors of the county shall levy upon the town in which the fires occurred, such one-half of such expenses, and when the amount thereof shall be Conservation Law. 223 raised and collected, the same shall be paid over by the to'>vn to the Commission on or before the first of May following such levy. (§ 94.) 3. Private Expense. If any person incurs ex- pense in preventing or fighting forest fires, the Com- mission may upon satisfactory proof being made to it, within thirty days after the expense is incurred for the work performed, audit and pay the whole or any part thereof as the public interests require, one-half to be rebated by the town as hereinbefore provided. (§ 94.) FIGHTING FIRES, ADVANCES FOR. See Advances. FIRE ACCOUNTS. See Auditor. FIRE INSPECTORS. See Fire Inspectors; Railroads (§ 104), FIRES, SETTING SAME. 1. Without Permission. Any person who sets fire to waste or forest lands, except as provided by sec- tion ninety-seven of this chapter, or who negligently suffers a fire to extend from his own lands to any other lands whereby property is damaged to the value of twenty-five dollars and upwards, is guilty of a 224 Conservation Law. felony; if less than twenty-five dollars, is guilty of a misdemeanor. Such person shall also be liable to the State for any damages caused to State lands, by such wrongful act, and to a penalty of ten dollars for each and every tree so killed or destroyed, and shall be liable to any person or muni- cipality for any damages caused to such person or municipality by such wrongful act, and the person or municipality so injured, however distant from the place where such fire was set and notwithstanding the same may have burned over and across several separate and distinct tracts, parcels or ownership of land, may, at his option, sue for and recover actual damages, or damages at the rate of one dollar for each trea killed. 2. Damages. Damages to state lands shall be ascertained and determined by the value of the timber thereon, taken at the value the said timber would have if the said lands were owned by private individuals. 3. Wilful Negligence. The fact that any fire started on, or extended over from lands or rights of way owned or leased or used by any railroad com- pany, or by any other person using, manufacturing or producing any coal, wood, oil or other fuel or any inflammable material thereon for other than domestic purposes, shall be prima facie evidence that the said fire was set or started thereon, or suffered to Conservation Law. 225 extend therefrom, by tlie wilful negligence of the said person or railroad comp£tny. 4. Money Recovery. Any moneys necessarily ex- pended by the State, municipality, or other person, in fighting fires upon waste or forest lands may be sued for by the State, municipality, or person ex- pending the moneys, and recovered from the person causing the fires as single damages, in addition to the damage or damages at the rate of one dollar, and in additioh to the penalty or penalties of ten dollars, for each tree killed, provided for as afore- said. (§ 98.) 5. Fine and Imprisonment, (a) Every person who shall kindle a fire on or near forest or brush land and leave it unquenched, or be a party thereto, or who shall set fire to brush, stumps, drj^ grass, field stubble or other material on or near such forest or brush larlds and fail to extinguish the same be- fore it has endangered the property of another; (b) every person wlio shall negligently or carelessly set on fire, or cause to be set on fire, any woods, grass or other combustible material, whether on his own land or not, by means whereof the property of another shall be endangered, or who shall negligently suffer any fire upon his own lailds to extend beyond the limits thereof; (c) every person who shall use other than incombustible gunwads or carry a naked torch, firebrand or exposed light in or near forest or woodland, or who, in the vicinity of such land. ^26 Conservation Law. shall throw or drop into combustible material any burning match^ ashes or pipe, liglited cigar or cigar- ette, or any other burning substance, and who fails to immediately extinguish the same, and (d) every person who shall deface, destroy or remove any law,- 4 rule or notice posted under this chapter, shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars and not exceeding twenty-five dollars and costs of prosecution, or by imprisonment in the county jail not exceeding ninety days, or by both such fine and imprisonment. (§ 99.) FOREST PATHOLOGIST. ' 1. Tree Disease. The commission may appoint a forest pathologist, who shall make examination of ■ forest trees with respect to disease, and make re- ports of the results of such examinations to the Commission, and the Commission shall have power to advise as to the proper disposal of any infected tree or infectious substance which is liable to spread and cause the spread of any injurious tree disease. (§ 61.) FOREST PRESERVE. 1. Extent. The Forest Preserve as now consti- tuted, consists of all lands owned by the State within the counties known as the forest preserve counties, which are sixteen in number, twelve in the Adiron- dack and four in the Catskill region. Lands within the limits of any village or city, and lands not wild Conservation Law. 227 lands which have been acquired by tlie State on fore- closure of mortgage made to Loan Commissioners, are excepted. (§ 50.) FOREST PRESERVE COUNTIES. 1. Defined. Section 109. FOREST PRODUCTS. See Statistics. (§ 108.) FORESTERS See Superixtexdext of Forests, Assistant Supee- intexdext, axd foresters. ( § 60. ) FOREST RANGERS. 1. Duties. The commission shall employ such number of suitable persons as may be necessary, to be known as forest rangers, to remain within and patrol one or more fire districts, and to prevent and extinguish any fires started therein, and to perform such other duties as the Commission may prescribe. Fach forest ranger so employed, may be supplied with tents, camps, fire fighting implements, food and cook- ing utensils, as in the judgment of the Commission may be necessary, and shall be furnished with a copy of the rules and regulations adopted by the Commission for preventing and fighting forest fires, and such forest ranger shall at all times strictly 228 Conservation Law, observe and comply with such rules and regulations. A forest ranger has the same authority to employ men and teams, and to incur necessary expenses, and to summon persons to assist in fighting forest fires, as the district forest ranger. (§ 92, subd. 2.) 2. Reports. Each forest ranger shall make a re- port to the district forest ranger of the district in which he is employed, of every fire which is started or burns Avithin his fire district, stating the cause and source of such fire, the extent and character of the land burned over and the means used for fighting the fire. (§ 92, subd. 4.) ^| 3. Power to Arrest. Forest rangers have the power to arrest without warrant, any person detected in trespassing on State lands, and shall take such person immediately before a magistrate having jur- isdiction, for examination or trial, and shall im- mediately report such action to the Corpmission. (§ 63.) ^ GOVERNOR. See Proclamation. (§ 107.) INFECTED TREES. See Forest Pathologist. (§ 61.) INSPECTORS AND VISITATION. See Scenic, Scientific and Historic Associations. Conservation Law. 22Ql JUDGMENTS. 1. How Enforced. Judgments recovered may be enforced against the person as provided by the Code of Civil Procedure. A person taken into custody upon such an execution shall not be admitted to the liberties of the jail, and shall be confined for not less than one day, and at the rate of one day for each dollar of the amount of the judgment recovered. (§ 28.) JURISDICTION. See Court; Jurisdiction in Criminal Cases. LIMBS AND BRANCHES. 1. Lopping. Every person who shall cut or cause to be cut, or permit to be cut, any evergreen trees for sale or other purposes, shall cut off or lop, or cause to be cut off or lopped from the said trees at the time of cutting of said trees, all limbs or branches thereof, unless the said trees be cut for sale and use with the branches thereon, or for use with the branches thereon. (Note.) This regulation applies to the entire county of Hamilton and to the "fire towns'' so called, which are eighty-eight in number, nineteen in the Catskill region and sixty-nine in the Adiron- dack region. (§ 90.) For the names of the so- called " fire towns," see § 97. Q30 Conservation Law. LOGGING ENGINES. See Engines and Public Service Commission, 3.j LOPPING OF LIMBS. See Limbs and BRANcnEs. ( § 90. ) MISDEMEANORS. I. Punishment therefor. Persons convicted of a misdemeanor under tliis chapter shall, except as otherwise provided herein, be punislied by a fine of not less than ten dollars, nor more than one dollar, or by imprisonment in the county jail or penitentiary for not less than one day nor more than one day for every dollar of such fine, or by both such fine and imprisonment. ( § 32 ) . NURSERIES. See Reforestation ; Powers of Commission. (§ 62.) PALISADES INTER-STATE PARK. 1. Co-operation. The conservation commission is authorized to co-operate with the Commissioners of the Palisades Inter-State Park in the joint employ- ment of wardens, foresters and keepers for the mutual protection of the lands under the jurisdiction of the respective commissions, and for the preservation of the forests thereon and of the fish and game therein. (§ 55, subd. 11.) Conservation Laic. 231 PARTITION. 1. Rights. Whenever the state owns an un- divided interest in common with any other person, an action to partition the same may- be brought by the Attorney-General upon the order of the Com- mission. 2. Co-tenants. The co-tenant may also maintain an action for such partition on the written consent of the Conservation Commission. In an action of partition such lands may not be sold, but shallbe actually partitioned between the respective Owners. Xo costs shall be allowed against the State in such action. (§ 65.) PENALTIES. 1. Application of Moneys. Moneys received in actions for penalties brought nnder article four of this chapter, shall be paid to the Commission, who shall apply so much thereof as ma}^ be necessary to the payment of the expenses of collection. The balance of such receipts shall be available for enforc- ing the various provisions of law for the protection of forests against fire. (§ 30.) See also Action for PexaitieS. (§ 26.) PROCLAMATION BY GOVERNOR. 1. Times of Drouth. Whenever by reason of drouth or other cause, which shall be dangerous to the forests of the State, or for other reason contrary 2§? , Conservatipn Law, to the public interest, for any person or persons to enter any portion of the lands w itliin the forest pre- serve counties of the State for the purpose of camp- ing, fishing or hunting, or for any of the other purposes speciiied in section 107 of this chapter, the Governor shall have authority to forbid by proc- lamation ar.y person or persons from entering such lands for such purposes. 2. Publication. The proclamation must be pub- lished and wide notice given of its contents. Any person violating the provisions of such proclamation shall be guilty of a misdemeanor and subject to a fine of one hundred dollars, or imprisonment for thirty days, or both, in addition to penalties pro- vided for taking fish, fowls, birds or quadrupeds in the closed season. {§ 107.) PUBLIC SERVICE COMMISSION. 1. Precautions against Fires. The public service Commission must upon request of the Conservation Commission, and on notice to the person or com- panies affected, require any person, railroad company or other company having a railroad running through forest lands, to adopt such devices and precautions against setting fire upon its line in such forest lands as the public interest requires. The Supreme Court may on notice enforce compliance with any such order of the Public Service Commission. (§ 103, Bubd. 2.) Conservation Law. 233- 2. Penalty. Any railroad company failing to comply with any order of the Public Service Commis- sion shall be liable to a penalty. (§ 103, subd. 4.) 3. Powers. The Public Service Commission is clothed with the power of determining whether the fire protective devices on any locomotive or logging engine rejected from service by the Conservation Com- mission were properly rejected. (§ 105.) RAILROADS. I. FIRE PATROL. (a) Within Forest Preserve Counties. 1. Common Carriers. All railroads operating as common carriers through lands in the forest preserve counties of the State, shall, at their own expense, organize and maintain a competent and sufficient lire patrol to protect the forests from fires, and shall file with the Commission on or before April first, a statement showing the names and addresses of the persons employed on such patrol, and unless other- wise directed by the Commission, such patrol may be maintained continuously from April first to November first, and at such other times as the Commission may direct. 2. Commission May Organize. If such railroads do not organize and maintain such fire patrols, the 2134 Conservation Law, Commission may do so under such rules and regula- tions as the Commission may deem proper. 3. Account to be Rendered. The commission shall keep an account of the costs of organizing and maintaining such fire patrol along the line of any such railroad and the cost thereof shall be paid to the Commission by the railroad on the first of De- cember in each year. 4. Reports. Any person employed upon a fire patrol of such railroads, shall immediately report to the Commission every fire within his line of patrol which started upon the line of the railroad, or waste lands adjacent thereto, setting forth the origin of such fire and the extent and character of the land burned over. Such report shall be verified. The per- son who fails to make such report immediately, shall be liable to a fine of twenty-five dollars. (§ 101.) (b) Outside Forest Preserve Couxties. 1. Danger of Fires. When in the judgment of the Commission there is danger of the spreading of fires from locomotives in operating through any wooded or forest lands outside the forest preserve counties, the Commission may order such railroad company to provide patrolmen to patrol the right of way and lands adjacent thereto. 2. Notice to Company. When the commission has notified a railroad company to provide such patrol, the railroad company shall immediately comply with Conservation Law. 235 such instruction, and upon failure so to do, the Com- mission may then organize and maintain such patrol. 3. Cost and Penalty. The cost of organizing and maintaining such fire patrol shall be paid to the Commission in December of each year by such rail- road company. (§ 102.) II. CLEARING RIGHT OF WAY. 1. Grass and Brush. Every railroad company and every person operating a logging railroad in any part of the State, shall, on such part of its road as passes through forest land, or land subject to fire from any cause, cut and remove from its right of way along such lands, all grass, brush or other inflammable materials, whenever required by the Com- mission. Each locomotive shall be provided with a practicable and efficient spark a.rresting device and adequate device to prevent the escape of fires from ash pans and furnaces. All such devices shall be approved by the Public Service Commission. 2. Supt. of Motive Power. The superintendent of motive power of a railroad acting as common carrier, shall designate an employee of such railroad at each division point or round house, who shall examine each locomotive each time it leaves the division point or round house, between March first and December first, and report the condition of said device. Such report to be kept on file for exaraination of inspectors and employees of the Conservation Commission. §36 Conservation Law. I 3. Coals and Ashes. No railroad company acting as a common carrier, or employee thereof, shall de- posit fire, coals or ashes on its tracks or right of way near forest lands. 4. Reports. Engineers, conductors or trainmen discovering or knowing of fires along or near the right of way, shall report the same at the first sta- tion to the station agent, and such agent shall forth- with notify the nearest fire warden, forest ranger or district forest ranger, and use all necessary means to extinguish the same. 5. Penalties. Penalty provided, one hundred dol- lars for every violation. 6. "Logging Pvoads" defined. (§ 103.) FIRE INSPECTORS. 1. Number. The commission shall divide the state into two districts and appoint one chief fire inspector for each district and such other fire inspectors, not exceeding four, as may be necessary during the seasons of the year when forest fires occur. 2. Duties. iSucli inspectors shall serve along the lines of steam and logging railroads and shall in- spect, all such railroads, and the locomotives and logging engines thereon, and report the same to the Commission, and perform such other duties as the superintendent of forests or the Commission may direct. {§ 104.) Conservation Law. 237 RECOMMENDATIONS TO STATE INSTITUTIONS 1. Examinations. The conservation commission may make examinations of lands of the State used in connection with State institutions, at least once a year, and at sucli other times as the officer having jurisdiction over such institutions may require, and report the result of such examinations and make recommendations thereupon, and give advice in refer- ence to the protection and improvement of the forest and sliade trees. 2. Officers. The managing officer of such insti- tution shall transmit such information in relation to such lands as may be required by the Conservation Commission and render such other assistance as the Conservation Commission shall require. {§ 59.) REFORESTATION, POWERS OF COMMISSION. 1. Nurseries. The commission is given power to establish nurseries for the propagation of trees for the purpose of reforesting lands within the State, and may purchase trees for such purpose. Such trees may be used for reforesting any lands in the forest preserve and any of the public parks or lands of the State wherever situate; they may be given away to State institutions, and to the institutions mentioned in section fifty-six, v^rhich have the care and custody of public parks and places acquired by the State for scenic, scientific or historic purposes, or, with the consent of the tribes, may be used for 238 Conservation Law. 1 reforesting lands located within the Indian reserva- tions. Such stock may be sold to private individuals and municipalities at not to exceed the cost of pro- duction. The Commission may also propagate other trees or shrubs for the use of State institutions or for planting along improved highways. 2. Convicts. With the approval of the superin- tendent of prisons the Commission may use the con- victs of any penal institution for the purpose of propagating trees or for field planting. 3. Transportation of Stock. , Common carriers may transport such stock from nurseries free of charge, or at a rate lower than the established tariff rate. (§ 62.) ROADS FOR REMOVING TIMBER. 1. May be Cut. For the purpose of removing trees and timber from lands upon which the timber has been reserved, the owner, under the supervision of the Commission, may cut such roads, through or across such lands and through and across the excepted strip of twentj^ rods adjoining any lake, pond or river as may be necessary to remove the timber so reserved, but in constructing such roads, only such trees shall be cut as are within the limits of such roads. 2. Down Timber. The Commission may permit the use of any dead, down or otl^.er necessary timber for the construction only of roads, skidways, lumber camps or for fuel. (§ 76.) Conservation Law, 239 RULES AND REGULATIONS. L Any person who violates any provisions of any rule or regulation issued by the Commission for the enforcement of the provisions of article IV of this chapter, shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of not to exceed one hundred dollars or imprisonment for not more than thirty days, or by both such fine and imprison- ment. (§ 33.) ST. LAV7RENCE RESERVATION. 1. Includes all of the St. Lawrence river within the State of New York, with the islands therein, and all that portion of Lake Ontario adjacent to Jefl*erson county, including Chaumont bay, Guffins bay, Black River bay and Henderson bay with the islands therein, and such lands along the shore as are now owned by the State. (§ 53.) STATISTICS OF FOREST PRODUCTS. 1. Reports. The superintendent of forests shall report annually to the Commission, on blanks to be furnished by the Commission, the amount of the lum- ber manufactured and wood used for commercial pur- poses from timber grown in the State. Manufactur- ers of lumber and consumers of round timber or wood used for commercial purposes, shall report to tlie Commission annually the amount of round timber and wood used, or lumber manufactured during the year. Any manufacturer of lumber or user of round 240 rCfinservation Law. wood or timber from trees grown in this State, who neglects or refuses to give such information after re- quest, shall be liable to a penalty of one hundred dollars. (§ 108.) STEAM SAW MILLS. 1. Fire Protective Devices on Portable Saw Mills, Engines and Boilers. No person shall operate any donkey, traction, or portable engine, portable steam ■ saw mill, or any other engine, boiler or locomotive, which does not burn oil as fuel, in, through or near forest or brush land in the forest preserve counties, unless the same is provided with a screen or wire B I netting so constructed as to give the most practical protection against the escape of sparks and cinders from the smoke stack thereof, and the most practical | device to prevent the escape of fire from ash pans and fire boxes. Penalty one hundred dollars for every violation. (§ 106.) SCENIC, SCIENTIFIC AND HISTORIC ASSOCIA- TIONS. 1. Inspection. The Commission may visit and in- spect all public parks, places and reservations ac- quired by the State for scenic, scientific or historic purposes, or for the preservation, protection and conservation of the lands, forests and waters of the State, or for public health or recreation, the custody Conservation Law. 241 of which has not been committed to any other State officer or State officers. The Conservation Commission may inquire into the care and management of any association having the custody of any such public parks or reservations, or which receive and disburse State moneys for any of such purposes. The work of such inspection relates to the general administrative duties of such associa- tions and to their care in the protection and preserva- tion of tlie property of the State, and in the receipt and expenditures of moneys received by them. (§ 5G.) 2. Information. The Conservation Commission, or any member or officer thereof may require the officers in charge of such institutions, to furnish the in- formation desired, and if refused, may take legal steps to procure the same. The Commission shall report to the Legislature the result of such inquiries, with the conclusions arid recommendations of the Commission relating to the same. (§ 57.) 3. Powers. The Commission on such visits of inspection, shall ascertain the merits of all requests on the part of such body for State aid; the sources and the amount of money received by them and the expenditure of the same; the condition of the prop- erty under the control of such bodies and whether the rules and regulations of the Commission and the laws of the State are being complied with. ( § 58. ) 242 ' Conservation Law. SETTLEMENT OF ACTIONS. See Compromise of Suits axd Prosecutioxs. (§§ 0,64.) SUITS AND PROSECUTIONS. 1. Attorney General. The Attorney General shall conduct all prosecutions for penalties imposed by the Conservation Law, and bring all actions, suits and proceedings which the Commission is authorized to institute and maintain, and defend all actions brought against the Commission. (§9.) 2. Compromise. The Commission may in its dis- cretion settle and compromise any suits or special proceedings authorized by section 64, but no settle- ment or compromise which shall affect the title to lands of the State, shall be made without the ap- proval of the Governor (§ 64), and no discontinue ance of any such action or suit shall be made with- out formal application to the court, and the permis- sion of the court thereon, on which application all the terms and conditions of the settlement shall be fully stated in writing and the reasons therefor set forth at length. (§9.) SUPERINTENDENT OF FORESTS, ASSISTANT SUPERINTENDENT AND FORESTERS. 1. Powers and Duties. The Commission is au- thorized to appoint a superintendent of forests, an assistant superintendent of forests and necessary State foresters. The superintendent of forests, and Conservation Law, 243 in his absence, the assistant superintendent, is given general supervision of the forest preserve and tlie forestry interests of the State, and the power to enforce all laws and regulations for the protection and preservation of the forest preserve and the public parks desc'ibed in the act. The foresters shall per* form such duties as may be prescribed by the Com mission. (§ GO.) TAXATION. See Exemption from Taxation, Reforested Lands. (§89.) TITLE TO LANDS. 1. Perfecting Same. The Commission may take such measures as may be deemed necessary or proper to perfect the title to any lands in the forest pre- serve counties held by the State, and for that purpose may pay and discharge any valid lien or incumbrance upon such lands, or may acquire any outstanding or apparent right, claim or interest which in its judg- ment constitutes a cloud on such title. (§ 81.) TRESPASS. 1. Causes. Actions may be brought, on the order of the Commission, in the name of the people, (a) to recover damages for trespass or waste on lands owned by the State, or to prevent trespass or injury thereto, with relief by temporary or final 244 Conservation Law, injunction; or, (b) to recover tlie possession of any such lands. 2. Penalty. A person uho commits a trespass by cutting and carrying away trees or timber from State lands, is guilty of a misdemeanor if the value thereof is less than twenty-five dollars; but if the value thereof is twenty-five dollars or upwards, such person is guilty of a felony; and is also liable to a penalty of ten dollars for each tree cut, taken away or destroyed. 3. Warrant. Any person detected in so trespass- ing may be arrested without a warrant by the officials of the Conservation Commission and taken before a magistrate having jurisdiction, for examination or trial. (§ 63.) 4. Crossing Lands. An action of trespass shall not lie against persons crossing or -working upon lands of another to prevent or fight fires or perform- ing any other duties required by this chapter. ( § 92, subd. 3.) WITNESSES. 1. Not excused from testifying. No person shall be excused from testifying or producing any books, papers or other documents in any civil or criminal action or proceeding, taken or had under this chapter, upon the ground that his testimony might tend to convict him of a crime or to subject him to a penalty or forfeiture. (§ 35.) I MISCELLANEOUS STATUTES RELATING TO LANDS AND FORESTS. CHAPTER 249. AN ACT to amend the tax law, in relation to the exemption and reduction in assessment of lands which have been planted with trees for forestry purposes. Became a law April 10, 1912, with the approval of the Governor. The People of the State of 'New York, represented in Senate and Assembly, do enact as follows: Section 1. Article one of chapter sixty-two of the laws of nineteen hundred and nine, entitled "An act in relation to taxation, constituting chapter sixty of the consolidated laws," is hereby amended by adding at the end a new section to be section six- teen, and to read as follows: § 16. Exemption and reduction in assessment of lands planted with trees for forestry purposes. Whenever the owner of lands, to the extent of one or more acres and not exceeding one hundred acres, shall plant the same for forestry purposes with trees [245] 246 Miscellaneous Statutes. 1 to the number of not less than eight hundred to the acre, and whenever the owner of existing forest or brush lands to the extent of one or more acres and not exceeding one hundred acres, shall underplant the same with trees, to the number of not less than three hundred to the acre, and proof of that fact shall be filed with the assessors of the tax district or districts in which such lands are situated as here- inafter provided, such lands so forested shall be ex- empt from assessment and taxation for any purpose for a period of thirty-five years from the date of the levying of taxes thereon immediately following such planting, and such existing forest or brush lands so underplanted shall be assessed at the rate of fifty per centum of the assessable valuation of such land exclusive of any forest growth thereon for a period of thirty-five years from the date of the levy- ing of taxes thereon immediately following such underplanting. The owner or owners of lands forested as above provided, in order to secure the benefits of this section, shall file with the conserva- tion commission an affidavit making the due proof of such planting or underplanting and setting forth an accurate description of such lands, the town and county in which the same are situated, the number of trees planted or underplanted to the acre and the number of acres so forested, which affidavit shall re- main on file in the office of said commission. Upon the filing of such affidavit it shall be the duty of Miscellaneous Statutes. 247 the conservation commission to cause an inspection of such forested lands to be made by a competent forester or other employee of said commission who shall make and file with said commission a written report of such inspection. If the commission is satisfied from the said affidavit and the report of inspection that the lands have been forested as above provided, in good faith and by adequate methods to produce a forest plantation, and are entitled to the exemption of assessment or to a reduction of assess- ment as provided in this section, it shall make and execute a certificate under the seal of its office, and file the same with the county treasurer of the county in which the lands so forested are located, which cer- tificate shall set forth a description of the lands affected by this section, the area and owner or owners thereof, the town or towns in v/hich the same are situated, the description upon the last assessment- roll which included said lands, the period of exemp- tion or of reduction of assessment to which such lands are entitled and the date of the expiration of such exemption or reduction of assessment. Upon the filing of such certificate it shall be the duty of the county treasurer to file with the assessors of the tax district in which the lands described therein ar6 located within ten days after the receipt thereof a certified copy of such certificate, and the assessors of such tax district shall place the lands according lo the description contained in said certificate upon 248 Miscellaneous Statutes. the next assessment-roll prepared for the assessment of lands within such tax district, and shall exempt, or reduce the assessment upon, the lands so described as hereinbefore provided, and shall insert upon the margin of said assessment-roll opposite the descrip- tion of said lands, a statement that in accordance with the provisions of this section of the tax law said lands are exempt from taxation or that the assessment thereof is reduced fifty per centum as the case may be and insert also in the margin the date of the expiration of such exemption -or reduc- tion of assessment and such lands shall continue to be exempted, assessed and carried in such manner upon the assessment-rolls of such town until the date of the expiration of such exemption or reduc- tion of assessment. Lands which have been forested as above provided within three years prior to the taking effect of this section may come within its provisions if application therefor is made to the con- servation commission within one year from the time vvhen this section takes effect, but except as provided by this section the period of exemption or reduction as certified to by the conservation commission shall not exceed the period of thirty-five years from the date of the original planting. Lands situated within twenty miles of the corporate limits of a city of the first class, or within ten miles of the corporate limits of a city of the second class, or within five miles of the corporate limits of a city of the third Miscellaneous Statutes. 249 class, or within one mile of the corporate limits of an incorporated village shall not be entitled to the exemption or reduction of assessment provided for by this section. In the event that hinds exempted or reduced in taxation as above provided shall, by act of tlie owner or otherwise, at any time during the period of exemption or reduction in taxation cease to be used exclusively as a forest plantation to the extent provided by this section to entitle such land to the privileges of this section, the said exemption and reduction in taxation provided for in this section shall no longer apply and the assessors having jurisdiction are hereby empowered and directed to assess the said land at the value and in the manner provided by the tax law for the general assessment of land. If any land exempted under this section continues to be used exclusively for the growth of a planted forest after the expira- tion of the period of exemption provided hereby, the land shall be assessed at its true value and the timber growth thereon shall be exempt from taxa- tion, except if such timber shall be cut befor-e the land has been duly assessed and taxes regularly paid for five consecutive years after the exemption period has expired, such timber growth shall be subject to a tax of five per centum of the estimated stumpage value at the time of cutting, unless such cuttings are thinnings for stimulating growth and have been made under the supervision of the conservation com- 250 Miscellaneous Statutes. mission. Whenever the owner shall propose to make any cutting of such timber growth for a purpose other than for thinning as above provided, he shall give thirty days' notice to the assessors of the tax district on which the land is located, who shall forthwith assess the stumpage value of such proposed cutting, and such owner shall pay to the collector of the town in which such land is situated before cutting such timber five per centum of such assessed valuation. If such owner shall fail to give such notice and pay such taxes he shall be liable to a penalty of three times the amount of such tax, and the supervisor of the town may bring an action to recover the same for the benefit of the town in any court of competent jurisdiction. ,. § 2. This act shall take effect immediately. Miscellaneous Siatutes. 251 CHAPTER 363. AN ACT to amend the tax law, in relation to the exemption and reduction in assessment of lands which shall be maintained as wood lots and to encourage the growth of trees for such purposes. Became a law April 15, 1912, with the approval of the Governor. The People of the State of New Yorh, represented in Senate and Assembly, do enact as follows: Section 1. Article one of chapter sixty-two of the laws of nineteen hundred and nine, entitled "An act in relation to taxation, constituting chapter sixty of the consolidated laws," is hereby amended by adding at the end a new section, to be section seventeen, and to read as follows: § 17. Exemption and reduction in assessment of lands maintained as wood lots and to encourage, the growth of trees for such purposes. In order to en- courage the maintenance of wood lots by private owners and the practice of forestry in the manage- ment thereof, the owner of any tract of land in the state, not exceeding fifty acres, which is occupied by a natural or planted growth of trees, or by both, which shall not be situated within twenty miles of the corporate limits of a city of the first class, nor within ten miles of the corporate limits of a city 252 Miscellaneous Statutes, of the second class, nor within five miles of the cor- porate limits of a city of the third class, nor within one mile of the corporate limits of an incorjiorated village, may apply to the conservation commission iii iTiahner and form to be prescribed by it, to have such land separately classified for taxation. Appli- cation for such classification shall be made in dupli- cate and accompanied by a plot and description of the land, and such other information as the com- nlission may require. Upon the filing of such appli- cation it shall be the duty of the commission to cause an inspection of such land to be made by a competent forester for the purpose of determining™' whether or not it is of a suitable character to be so classified. If the commission shall determine that such land is suitable to be so classified, it shall sub- mit to the owner a plan for the further management of said land and trees and shall make and execute a certificate under the seal of the commission and file the same with the county treasurer of theB county in which the land is located, which certifi- cate shall set forth a description and plot of the land so classified, the area and owner thereof, the towii or towns in which the same is situated, and that the land has been separately classified for taxa» tion in accordance with the provisions of this section. Upon the filing of such certificate it shall be the duty of the county treasurer to file with the assessors of the tax district in which the land described Miscellaneous Statutes. 253 therein is located, within ten days after receipt thereof, a certilled copy of such certificate. So long as the land so classified is maintained as a wood lot, and the owner thereof faithfully complies with all the provisions of this section and the instructions of the commission, it shall be assessed at not to exceed ten dollars per acre and taxed annually on that basis. In fixing the value of said lands for assess- ment, the assessors shall in no case take into account the value of the trees growing thereon, and said land shall not be assessed at a value greater than other similar lands within the same tax district, which contain no forest or tree growth, are assessed. The assessors of each tax district where said land so classified is located shall insert upon the margin of said assessment and opposite the description of such land a statement that said land is assessed in accordance with the provisions of this section. In the event that land so classified as above prescribed shall at any time by act of the owner or otherwise cease, in the judgment of the commission, to be used exclusively as a wood lot to the extent provided by this section to entitle the owner of such land to the privileges of this section, the exemption and valua- tion in taxation provided for in this section shall no longer apply and the assessors having jurisdic- tion shall, upon the direction of the commission, assess the said land at the value and in the manner provided by the tax law for the general assessment 254: Miscellaneous Statutes. of land. Whenever the owner shall propose to cut any live trees from said land, except for firewood or building material for the domestic use of said owner or his tenant, he shall give the commission at least thirty days notice prior to the time he desires to begin cutting, who shall designate for the owner the kind and number of trees, if any, most suitable to be cut for the purpose for which they are desired, and the cutting and removal of the trees so designated shall be in accordance with the instruc- tions of said commission. After such trees are cut and before their removal from the land, the owner shall make an accurate measurement or count of all of the trees cut and file with the assessors of the tax district a verified, true and accurate return of such measurement or count and of the variety and value of the trees so cut. The assessors shall forth- with assess the stumpage value of the timber so cut, and such owner shall pay to the tax collector of the town in which such land is situated, before the re- moval of any such timber, five per centum of such valuation. If such owner shall fail to give such notices and pay such taxes he shall be liable to a penalty of three times the amount of such tax, and the supervisor of the town may bring an action to recover the same for the benefit of the town in any court of competent jurisdiction. § 2. This act shall take effect immediately. Miscellaneous Statutes. 255 CHAPTER 371. AN ACT to amend the town law, in relation to pre- venting and fighting forest fires. Became a law April 15, 1912, with the approval of the Governor. The People of the State of New York, represented in Senate and Assemhly, do enact as folloius: Section 1. Section eighty-nine of chapter sixty- three of the laws of nineteen hundred and nine, entitled "An act relating to towns, constituting chap- ter sixty-two of the consolidated laws," as amended by chapter four hundred and ninety-one of the law^s of nineteen hundred and nine, as amended by chapter six hundred and thirty of the laws of nineteen hun- dred and ten, is hereby repealed. § 2. Subdivision eight of section ninety-eight of such chapter as added thereto by chapter six hun- dred and thirty of the laws of nineteen hundred and ten is hereby amended to read as eight.* 8. In towns other than those mentioned in section ninety-seven of the conservation law, the supervisor shall, by virtue of his office, be superintendent of fires of his town and charged "svith the duty of pre- venting and extinguishing forest firss. He sliall '■■ So in the original. 256 Miscellaneous Statutes. have power to employ persons to act as forest rangers in preventing and fighting fires and to employ neces- sary assistants therefor, and shall possess all the power and authority conferred upon the conserva- tion commission, district forest ranger, forest ranger and fire warden under sections ninety-two and ninety-three of the conservation law. Any person summoned to figlit forest fires who is physically able and refuses to assist shall be liable to a penalty of twenty dollars. The town board of each town shall at its first annual meeting designate one of its members to act as such superintendent of fires for the ensuing year in case of absence of the supervisor. The town board shall fix the compensation of all forest rangers and assistants employed under the provisions of this section and all expenses incurred under the provisions of this section shall be a charge upon and paid by tiie town. § 3. This act shall take effect immediately. MisceUancous Statutes. ' 257 CHAPTER 474. AN ACT to amend the penal law, in relation to malicious mischief. Became a law June 11, 1910, with the approval of the Governor. The People of the folate of Keio Ycirh, represented in, Senate and Assembly, do enact as follows: Section 1. Section fourteen hundred and twenty- one of chapter eighty-eight of the laws of nineteen •hundred and nine, entitled "An act providing for the punishment of crime, constituting chapter forty of the consolidated laws," is hereby amended to read as follows: "^ § 1421. Burning crops or timber, how punished. A person who, under circumstances not amounting to arson in any of its degrees: 1. Wilfully burns or sets fire to any grain, grass or grovv'ing crop, or stiinding timber, or to any build- ing, fixtures or appurtenances to real property of another, or 2. Wilfully sets fire to, or assists another to set fire to any wild, waste or forest lajuls, belonging to the state or to another person whereby such forests are injured or endangered; 258 Miscellaneous Statutes. Is guilty of felony and is punishable by imprison- ment for not more tlian ten years or by a fine of not more than two thousand dollars, or by both. § 2. This act shall take effect July first, nineteen hundred and ten. RULES AND REGULATIONS. FOREST PRESERVE AND ST. LAWRENCE RESERVATION. (Pursuant to Section 55 of Chapter 65 of Consol- idated Laws as amended by Chapter 444 of the Laws of 1912.) (Adopted April 30, 1912.) 1. Caution must be exercised in building camp fires and in setting fires of any kind. All inflam- mable material must be cleared from the ground be- fore fires are kindled. On the Thousand Island reser- vation, where fire places are provided, fires must not be kindled elsewhere. Fires must be completely ex- tinguished before they are abandoned. 2. Lighted matches, burning cigars or cigarettes must not be thrown on the ground. Extinguisli them first. 3. Xo structures except canvas tents are permitted. On the Thousand Island reservation such tents must be pitched at least 200 feet away from any public fire place or boat landing. [259] 260 Rules and Regulations. 4. Dancing in any of the public buildings is pro- hibited. 5. Xo one may claim the right of exclusive use of any particular camp or tent site from year to year. 6. Defacing buildings, pealing bark or injuring trees is prohibited. ■i 7. No boat is entitled to the exclusive use of any dock. There must be free access for all boats at all times. 8. Persons using the St. Lawrence reservation must not leave refuse on the grounds. 9. All persons will be held strictly liable to the State for any damage done to State property. INFORMATION FOR CAMPERS. An}' citizen may camp temporarily on the State land in tlie Adirondacks, the Catskills, Lake George and the St. Lawrence river. No written permit is required, nor can one be granted by anybody. The Constitution of the State of New York provides that the land in the Forest Preserve shall not be leased, sold or exchanged, but must be kept as wild forest lands. Tents are the only structures permitted in the woods, but board floors may be used. No person is entitled to call any particular site his own from year to year. Portable houses are prohibited. So is the erection of any permanent shelter, such as a bark house, lean-to or log camp. Peeling bark is absolutely prohibited. Fires may be lighted for cooking, warmth and insect smudges, but before a fire is lighted ample space must be cleared around tlie spot so that the fire shall not spread, and before leaving the place the fire must be thoroughly extin- guished. All other fires are absolutely forbidden. Hunters and smokers must be careful not to set fires in the woods by the use of firearms, pipes or cigars. Special care must be taken that lighted matches are [261] 262 Information for Campers. extinguished before throwing them down in the woods. Campers will be held strictly responsible for any damage or injury to the forest which may result from carelessness or neglect. FOREST DON'TS. DON'T Don't drop lighted matches. Don't drop burning cigars or cigarettes. Don't leave a camp fire until it is extinguished. Don't wait but put out every fire you see. BURN Why not protect the forest, the home of the game animals and game birds; nature's agent in regulat- ing stream flow and source of cool water for fish; the great health resort and play ground; also the source of necessary wood supply. THE Use the property of others as carefully as if it were your own. The loss due to forest fires in New York is several million dollars a year. It is nearly all due to carelessness and preventable. If we are all careful this loss will be greatly reduced and everyone benefited. FORESTS. [263] ORDER PROHIBITING TAKING OF BASS IN LAKE GEORGE. STATE OF XEW YORK. Conservation Commission. A petition in writing by Henry W. Hayden under section one hundred fifty-two of the Conservation" Law as amended by chapter three hundred eighteen of the Laws of nineteen hundred twelve, having been duly presented to this Commission requesting addi- tional or other protection to be afforded certain species of fish in the waters of Lake George and a notice of a public hearing thereon having been duly published and given and such hearing having been held, we do herebj^ determine, upon said petition and the evidence taken on said hearing and proceedings had thereon, that the species of fish known as black bass, by reason of danger of extermination, requires during the open season protection in said Avatera additional to the protection afforded b}^ the pro- [264] Taking Bass in Lake George. rC5 visions of Article V of said Conservation Law, and we hereby order, — That the taking, in the waters of Lake George, of such species of fish known as black bass be and the same is hereby prohibited except from the first day of August to the thirtieth day of November inclu- sive. This order shall take effect on the fifteenth day of June, nineteen hundred twelve, and shall not be operative after the thirty-first day of December, nineteen hundred twelve. The petition so far as the same requests additional protection in said waters for the species of fish com- monly called lake trout and pickerel, is denied for the reason that at the present time of the year the relief could not be granted so as to become effective during the present year. Done at the city of Albany, N". Y., on this eighth day of May, in the year nineteen hundred twelve. George E. Vax Kennen, Chairman. James W. Fleming, John D. INIggre, [l. s.] Conservation Commissioners. 266 Taking Bass in Lake George. Attest : Albert E. Hoyt, Secretary to the Commission. State of New Yokk, ^ss City and County of Albany I, Albert E. Hoyt, Secretary to the Conservation Commission, State of Kew York, do hereby certify that the foregoing is a true copy of tlie original order in the matter of the petition of Henry W. Hayden for additional protection to black bass, lake trout, and pickerel in the waters of Lake George, State of New York, as duly signed by said Conserva- tion Commission on the eighth day of May, 1912, and entered pursuant to law in the book of minutes of said Conservation Commission. I further certify that the said copy has been compared by me with the original thereof and that the same is a correct transcript therefrom and of the whole of said original. Witness my hand and the seal of said Con- servation Commission, this Sth. day of May, 1912. [L. s.] Albert E. Hoyt, Secretary to Commission. PROTECTORS' ROSTER. Llewellyn Legce. .Chief Protector, Binghamton. .Broome Co. Deputy Chief Protector, DIVISION CHIEFS. M. C. Worts Div. Chief Oswego Oswego Co. John E. Leavitt. . .Div. Chief Johnstown. . . .Fulton Co. R. B. Nichols Div. Chief Indian Lake. .Hamilton Co. B. H. McCoUom. .Div. Chief Canton St. Lawrence Co. J. V. Sauter Div. Chief New York New York Co. Wm. C. Farley Div. Chief Waverly Tioga Co. Wm. H. Weston. .. Div. Chief Syracuse Onondaga Co. Div. Chief Byron A. Cameron. Div. Chief Saranac Lake . Franklin Co. Div. Chief Div. Chief Div. Chief Div. Chief Div. Chief Div. Chief Superintendent of Inland Fisheries. PROTECTORS. Name. Residence. County. Thos. H. Allen Port Washington. . . . Nassau. Benj.- M. Bailey White Plains Westchester, J. E. Ball Old Forge Herkimer. Jos. Barry Carmel Putnam. F. Bauernschmidt New York City New York. Carl A. Beebe Painted Post Steuben. Wm. G. Bell Heuvelton St. Lawrence. Fred'k H. Bellinger Forestport Oneida. Chas. A. Bennett Waterport Orleans. Edward J. Birch Amsterdam Montgomery. D. H. W. Benson Far Rockaway Queens. Chas. A. Bissell Newcomb Essex. John W. Broderick Niagara Falls Niagara. Wm. H. Burnett Lake George. Warren. L. H. Burnside Norv/ich Chenango. Patrick F. Butler Troy Rensselaer. Wm. J. Butler Long Lake Hamilton. [267] 2GS Protectors' Uoster. Name. Residence. County. M. J. Callahan ^lontour Falls Schuyler. Z. T. Cater CatskiU Greene. W. D. Cloyes Cortland Cortland. Jas. A. Colloton Albany Albany. A. J. Conklin Matteawan Dutchess. Eugene C. Cross Neversink Sullivan. H. B. Cruikshank Salem Washington, Chester C. Culver Penn Yan Yates. Geo. Davis Lyons Wayne. W. L. Delaney Albany Albany. J. M. DeSilva Griffins Corners Delaware. H. C. DeWolf Batavia Genesee. Fred DeWitt Napanoch Ulster. C. T. DoVille Sodus Point Wayne. Elton B. Downing Lafayette Onondaga. . Calvin Emerick Glasco Ulster. Jas. S. Ford Malone. . Franklin. Chas. J. Franklin Ovid Seneca- Edmund Gallagher Brooklyn Kings. E. H. Gammon Spencerport Monroe. Edward Geenen Buffalo Erie. Edward C. Gleason Wayne Schuyler. J. A. Ginder Schenectady Schenectady. R. Hume Grant Hobart Delaware. Harry P. Haff IsUp Suffolk. Fred'k W. Hamilton Syracuse Onondaga. Jay Hand. Cranberry Lake St. Lawrence. Miles Hazelton Middleburg. ........ Schoharie. Henry Heffernan Hammondsport Steuben. Wm. Herrick Clay Onondaga. Edgar Hicks West New Brighton.. Richmond. Cyrus M. Hiller Cobleskill Schoharie. Wm. C. Hodge Buffalo Erie. Fred Hoffman Buffalo Erie. Herbert A. Horton New Suffolk Suffolk. Wm. H. Irons Lockport Niagara. Joseph Jenkins Poland Herkimer. Cassius A. Johnston Hoosick Falls Rensselaer. J. H. Kane Little Falls Herkimer. Dennis E. Keefe Bingham ton Broome. Willett Kidd Newburgh Orange, Emery Kinsman Harrisville Lewis. Chas. J. Kirby Brainardsvilie Franklin. Everett J. Knapp Stony Point Rockland Peter Knobloch Lyons Wayne. Chas. E. Lee IsUp Suffolk. Morgan B. Leland Glens Falls Warren. John J. McDonough Granville Washington. Prote^tors^ Roster. 269 Name. Residence. County, John T. McCormick Brooklyn Kings. Richard F. Maher Dover Plains Dutchess. John H. Mallett Ogdensburg St. Lawrence. Thos. E. Marsh , . . Castile Wyoming. C. H. Masten. Gloversville Fulton. Lewis S. Morris Scottsburg Livingston. D. E. Moxley Saranac Lake Franklin. M. C. Murphy Horseheads Chemung. F. C. Mullin Dexter Jefferson, Wm. F. Newell Mount Vision Otsego. J. H. North Plattsburgh Clinton. Joseph Northrup. Alexandria Bay Jefferson. E. R. Overton East Quogue Suffolk. A. O. Perkins Windsor Broome. Wallace L. Reed Canandaigua Ontario. Chas. Riley Plattsburgh Clinton. W. H. Ronald Wells Hamilton. Edward St. Clair Franklin Falls Franklin. N. A. Scott Greenfield Center. . . . Saratoga. Sherman S. Scott Fillmore Allegany. Dan. W. Seckington Elizabethtown Essex. Thos. J. Sheridan Saratoga Springs. . . . Saratoga. Joseph T. Smith Colton St. Lawrence. M. S. Smith Mayville Chautauqua. Robert Somerville Sodom Warren. Chas. R. Staplcy Geneseo Livingston. George E. Sutton Mount Kisco Westchester. Fred'k G. Thomas Ticonderoga Essex. George H. Travis Cleveland Oswego. John B. Vann Ithaca Tompkins. R. E. Warren Hampton Washington. Merton Westcott. Waterville Oneida. Cleveland Wheaton Amsterdam Montgomery. John Willis Oneida Madison. O. C. Woolf Elmira Chemung. C. G. Worden Oriskany Oneida. Chas. H. Yaple Owcgo Tioga. Verne A. Zimmer Canaseraga Allegany. n ROSTER OF DISTRICT FOREST RANGERS AND FOREST RANGERS. DISTRICT No. I. John Harding District Forest Ranger .... Saranac Lake. (Franklin, Clinton and northern half of Essex counties.) Franklin County. Forest Rangers: Loon Lake Station (P. O. Inman) . . . Lawrence Keese, Lyon Mountain Patrick Hennessey, Santa Clara Frank Smith. Saranac Lake John H. LaPan. Tupper Lake John Timmons. Observers: Ampersand Mt. (P. O. Saranac Lake). M. H. Barry. DeBar Mt. (P. O. Meacham Lake) . . J. Yarkey, Loon Lake Mt. (P. O. Inman) Mt. IMorris (P. O. Tupper Lake) St. Regis yit. (P. O. Paul Smiths) . . . Harry Thompson. Fire Wardens: Alder Brook "Wm. Keegan. Axton (P. O. Corey's) Frank W. Eldred. Bartlett's Carry Elmer Dockum. Bay Pond John Redwood Corey's W. S. Beckman. Duane I'loyd Selkirk. Faust Thomas ^iurray. Franklin Falls Baron Ling. Franklin Falls Ned Dewey. Goldsmith's Chas. Rascoe. Gile Earl F. Day. Kildare George W. Best. Lake Kushaqua S. L. Page. Loon Lake Chas. Stickney. [270] Forest Rangers. 271 Madawaska James Eccles. Mountain View Albert Tebeau. IMeacham Lake George W. Cushman. IVIcCoUom's Clarence McArthur. Paul Smith's Benj. A. Muncil. Rainbow Lake A. K. Swinyer. Santa Clara H. H. Brownson. St. Regis Falls O. L. Wilson. St. Regis Falls J. A. Fraser. Tupper Lake John D. McCarthy. Union Falls J. B. Hough. Upper Saranac Willard Boyce. Vermontville Geo. B. Tyler, Plantation Ranger: Paul Smiths (P. O. Paul Smiths) John C. Downs. Clinton County. Forest Rangers: Altona Wm. A. Wray. Ausable Forks Dennis Fox. Saranac Filmore Bresett. Observer: Lyon Mt. (P. O. Chazy Lak?) Jos. E. Gardner. Fire Wardens: Altona T. P. Casey. Ausable Forks T. E. Bombard. Altona Chas. Conners. Black Brook Edward Dougherty. Dannemora Zoc Vincent. Chazy Lake Geo. S. Badger. EUenburg Richard Gilmore. Ellenburg Center Geo. W. Gilbert. EUenburg Depot Clifton McGregor. Harkness Chas. Harkness. Keeseville Geo. W. Smith. Lyon Mountain S. D. Healey. Essex County. Forest Rangers: Bloomingdale Peter O'Malley. Keeseville John C. Bowe. Keene Roger W. Slattery. Lake Placid John A. Hennessey. Elizabethtown Morgan O'Donnell. 272 Forest Rangers. Observers: Hurricane Mt Poke-0-Moonshine Mt. (P. O. ). Emmet Fuller. Whiteface Mt Fire Wardens: Ausable Forks James Hopkins. Cascadeville Chas. Goff. Deershead Gifford Cross. Jay Jamea Hopkins. Keeseville John D. Sullivan. Newman Fred C. Mihill. Newman Rufus Alford. New Russia Thomas Meagher. Raybrook Dr. A. H. Garvin. Saranac Lake W. S. Fowler. St. Huberts W. Scott Brown. St. Huberts John Trumbull. Wilmington John Lennan. Wilmington James C. Wolfe. Plantation Rangers: Chubb Hill (P. O. Lake Placid) E. J. Madden. Ray Brook (P. O. Ray Brook) Frank Prentice. DISTRICT No. II. P. J. Cimningham. . . . District Forest Ranger. . . . North Creek. (Southern Essex, Warren, Washington and northwestern Hamilton counties.) Essex County. Forest Rangers: Aiden Lair Fred Butler. Newcomb Wm. Lahase. North Hudson Wm. Greenough. Olmstedville Chas. T. Barnes. Schroon Lake Samuel Russell. Observers: Adams Mt. (P. O. Tahawus) Cornelius O'Neil. Boreas Mt. (P. O. Blue Ridge) Joseph Hamner. Pharoah Mt. (P. O. Schroon Lake) . . June Burnell. Vanderwhacker Mt. (P. O. Newcomb). Grover Lynch. Makomis Mt. (P. O. Underwood) . . . Wm. J. Boves. Belfry Mt. (P. O. Port Henry) Jos. O'Connor. Forest Rangers, 273 Fire Wardens: Blue Ridge Wm. Bruce. Elk Lake (P. O. Blue Ridge) Dell O'Neil. Loch MuUer Arthur E. Warren. Mineville Edward Dal ton. Newcomb A. E. Bibby. Newcomb John Spain. North Hudson Wm. Sturtevant. Olmsted ville Thos. Donnelly. Paradox Wm. Sage. Tahawus David Hunter. Underwood Wallace Gary. Warren County. Forest Rangers: Athol Charles Olds. Chestertown. John H. Smith. Johnsburg Robert Armstrong. Knowelhurst Dudley Kenyon. Horicon Frank Owens. North Creek Wm. Collins. Warrensburgh Robert Cunninghaxxu Glens Falls Daniel Sweenejr. Observers: Crane Mt. (P. O. Athol) J. Burch. Gore Mt. (P. O. North Creek) J. Donohue. Prospect Mt. (P. O. Luke George) . . . Fred Worden. Swede Mt. (P. O. Hague) Fred Bolton. Fire Wardens: Athol Chas. H. Baker. Bolton Landing Geo. O. Benton. Bolton Landing Smith Hastings. Glens Falls Wm. Van Deusen. Glens Falls Henry Graney. Hague Edward Ross. Horicon Samuel C. Baker. Hill View A. Lockhart. Johnsburg D. M. Haley. Johnsburg Geo. Armstrong. Johnsburg Robt. Richards. Lake George Edward J. Worden. Luzerne Walter Linindoll. Luzerne John Noonan. North River . Fred Rogers. Queensbury Wm. McEchron. Stony Creek Beecher Glassbrook. Thurman ' Albert Westcott. Warrensburgh John J, Latham. 274 Forest Rangers. Washington County. Forest Rangers: demons H. A. Barber. Fort Ann Walter Murphy. Observer: Black Mt. (P. O. demons) Chas. A. Chaplin. Fire Wardens: demons Otis C. Benjamin. Comstock Lawrence Baker. Fort Ann (R. D. Hudson Falls) John Sullivan, Jr. Shelving Rock Smith Russell. DISTRICT No. III. Wm. O'Brien District Forest Ranger .... Fulton Chain. (St. Lawrence, Oneida, Levvia, northern ilerldmcr and northwestern Hamilton counties.) Haaulton County. Forest Rangers: Blue Mt. Lake John J. Callahan. Cold River (P. O. Newcomb) D.J. Callahan. Long Lake L. L. Jennings. Long Lake West (P. O. Sabattis) .... Wm. Sibley. Raquette Lake Daniel Lynn. Sumner Stream (P. O. Raquette Lake) AUie Leffler. Observers: Blue Mt. (P. O. Blue Mt. Lake) Marvin Locke. Dunn Brook Mt. (P. O. Indian Lake) Paul Akey. Kempshall Mt. (P. O. Long Lake)... Edwin Stanton. Owl Mt. (P. O. Long Lake) Jas. Flynn. West Mt. (P. O. Raquette Lake) Cal LaPrairie. Fire Wardens: Brandeth Lake (P. O. Beaver) Curtis Hall. Cold River (P. O. Newcomb) Fred Wakley, Forked Lake (P. O. Long Lake) ..... R. J. Hosley. Little Tupper Lake (P. O. Sabattis) . E. H. Johnson, Nehasane Byron Ames. Herkimer County. Forest Rangers: Beaver River (P. O. Beaver) Albert Darrow. Clearwater (P. O. Old Forge) D. F. Charboneau. McKeever. E. J. Felt. Forest Rangers. 275 Observers: Beaver Mt. (P. O. Number Four) . . . John H. Bintz. Rondaxe Mt. (P. O. Old Forge) Arthur E. Bull. Stillwater Mt. (P. O. Beaver) Eugene Barrett. Woodhull Mt. (P. O. McKeever) .... T. H. Tabor. Fire Wardens: Beaver River J. H. Wilder. Fulton Chain Thomas J. Bannon. McKeever Albert Merritt. Lewis County. Forest Rangers: Croghan Wm. Andre. Lowville Frank D. Burke. Number Four Frank Burdick Observers: Bald INIt. (P. O. Croghan) Moose River Mt. (P. O. JNIoose River) J. D. McHale. Fire Wardens: Croghan Peter Yousey. Crystaldale Stephen Baker. Crystaldale Herman Petrie. Chases Lake Geo. V. Norton. Greig (P. O. Glenficld R. F. D.) Roval J. Fenton. Glenfield C. H. Gould. Harrisville Jos. Menard. Harrisville Pat Wallace. Jerden Falls Winfield Cronk. Number Fcr.r ' . . r • •■• ...'... . Henry Turk. Port Leyden :'; :!'. . . Chas. E. Sears. Oneida County. Forest Rangers: Forestport Frank Tracy. White Lake Wm. Mulchi. g Fire Wardens: Big Otter Lake (P. O. Glenfield) W. D. Crandal!. Forestport W. R. Patterson. Otter Lake : R. G. Norton. Remsen CM. Williama White Lake Corners Roswell Putney. 276 Forest Rangers. St. Lawrence County. Forest Rangers: Cranberry Lake Floyd Rosbeck. Oswegatchie P. E. Lobdell. Piercefield Fred Hayes. Russell (R. F. D. Russell) J. L. Leavitt. South Colton Albert Johnston. Observers: Arab Mt. (P. O. Piercefield) Angus Larocque. Catamount Mt. (P. O. Stark) F. B. Watson. Cat Mt. (P. O. Wanakena) Moosehead Mt. (P. O. Childwold) . . . W. D. Pond. Fire Wardens: Aldrich Charles Kerr. Benson Mines Lewis F. Rice. Colton J. T. Smith. Clare C. H. Isham. Clare Thomas Shaw. Cranberry Lake George Pustois. Colton H. L. Gleason. Childwold James Ferry. Childwold Dean Sevey. Grass River (P. O. Childwold) Archie Shurtliff. Kildare (P. O. Tupper Lake) John Watson. Moody Daniel Hinkson. New Bridge L. D. Spicer. New Bridge Edwin Jones. Newton Falls H. M. Clark. Newton Falls A. M. Buell. Oswegatchie Stephen Hayes. Ozonia (P. O. Nicholville) Robert Day. Star Lake C. C. Davis. South Colton G. A. Lindsey. South Colton J. J. Douglas. Stark Elmer Watson. Wanakena R. H. Hanley. DISTRICT No. IV. George E. Van Arnam .... District Forest Ranger . . Northville. (Fulton, Saratoga, southern Herkimer and Southern Hamilton counties.) Forest Rangers. 277 Fulton County. Forest Rangers: Northville P. J. Conroy. Pine Lake H. H. Pettengill. Fire Wardens: Bleecker Edward Bleyl. Caroga (P. O. JohnstoAvn, R. F. D. 3) Guy Durey. Mayfield T. F. Embling. Pine Lake Alex Beaudin. Hamilton County. Forest Rangers: Hope Ed Call. Indian Lake Henry Keenan. Morehouseville (P. O. Rudeston) .... Jas. Donohue. Speculator Thos. J. Slack. Observers: Cat Head Mt. (P. O. Benson) Edw. Smith. Hamilton Mt. (P. O. Lake Pleasant) . Alien Dunham. Snowy Mt. (P. O. Indian Lake) Alvin Mattison. Wakeley Mt. (P. O. Indian Lake) . . , Lewis Persons. Tomany Mt. (P. O. Green Lake) Edw. Avery. Fire Wardens: Benson L. L. Snell. Cedar Lake (P. O. Indian Lake) .... Willis E. Brooks. Griffin H. J. Girard. Hope H. H. Wadsworth. Hope Falls Eugene Edwards. Indian Lake Thomas Rodgers. Lake Pleasant Alfred Pelcher. Lake Pleasant Asa Aird. Lake Pleasant Edgar Call. Piseco Arthur Fowler. Sabael Halsey Galusia. Wells Joseph A. Head. Wells John Z. Whitman. Hekkimer County. Forest Rangers: Wilmurt Truman Haskill. Deveraux (P. O. Stratford) Observer: Fort Noble Mt. (P. O. Wilmurt) Wm. C. Fischer. 278 Forest Rangers. Fire Wardens: Cold Brook Eugene Hemstreet. Honnedaga Lake (P. O. Honnedaga) . James Wadsworth. Northwood Wm. Light. Wilmurt Ray Mcintosh. Wilmurt Wm. Wright. Wilmurt S.J. Shufelt. Wilmurt Philip Brondstarter. Saeatog.\ County. Forest Rangers: Hadley A. J. Woodard. West Day Cyrus Brownell. Observer: Ohmer (P. O. West Day) N. B. Tennant. Fire Wardens: Edinburgh L. L. Frasher. Hadley ". . . . J. H. Smead. West Day Fred Brownell. DISTRICT No. V. John J. IMcGrath District Forest Ranger Phoenicia. (Delaware, Greene, Ulster and Sullivan counties.) Delaware County. Forest Rangers: Arkville Alfred Bell. Hancock L. L. Sornberger. Observer: Twadell Mt. (P. O. East Branch) . . . Alfred Waterman. Fire Wardens: Andes J. W. Dickson. Downsville George Y. Signor. Hancock Patrick O'Rourke. Hancock (P. O. Long Eddy) . . Thomas Carrick. Lordville Samuel Kinney. Greene County. Forest Rangers: Westkill Robert S. Tuttle. Windham B. G. Dewell. Forest Rangers. 279 Observer: Hunter ]Mt. (P. O. Edgewood) Walter Dederick. Fire Wardens: Bushnellville (R. D.) John Kelly. Big Hollow Schuyler C. Kirk. Big Hollow Moses Hitchcock. Haines Falls Arthur Reed. Jewett F. M. Gosiee. Lanesville Harrv D. Lane. Prattsville (R. D.) Herbert Truesdell. Ulsteh County. Forest Rangers: Ellenville George C. Russell. Oliyerea Fred Andrews. Chichester Joseph Johnson. Observers: Balsam Mt. (P. O. Seager) Walter Kittle. Belleayre Mt. (P. O. Pine Hill) Charles Y. Persons. High Point (P. O. Ellenville) Wm. Bradford. Mohonk Mt. (P. O. Mohonk Lake).. Frank J. Duffy. < V* s . . '^^ " " " ^" 0' 0' 4 o. l^' .H>^ r O » O ^ \^ A , , ^ ^^<^ ^Ov^, C^ * O (g O ^ <". APft 7 8 ^ 3" ^^ LIBRARY OF CONGRESS 002 898 580