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STATE OF NEW YORK 
 
 THE 
 
 CONSERVATION 
 LAW 
 
 IN RELATION TO 
 
 FISH AND GAME 
 
 AS AMENDED TO THE 
 CLOSE OF THE REGULAR SESSION OF 
 
 1916 
 
 ALBANY 
 J. B. LYON COMPANY, PRINTERS 
 
 1916 
 

 STATE OF NEW YORK 
 
 Conservation Commission 
 
 GEORGE D. PRATT. Commissioner 
 ALEXANDER MACDONALD, Deputy Commisslcne? 
 
 AUGUSTUS S. HOUGHTON 
 
 Secretary to the Commission 
 
 LLEWELLYN LEGGE 
 Chief Protector 
 
 JOHN T. McCORMICK 
 
 Deputy Chief Protector 
 
 General Offices: 
 158 Stale Street. Albany, N. Y. 
 
 D. of D. 
 JAN 16 I9ir 
 
TABLE OF CONTENTS. 
 
 PART I — FISH AND GAME. Page 
 
 The Conservation Law, in relation to fish ami game. 5 
 
 Additional Protection Orders 125 
 
 Rules and Regulations in relation to fish and game. . 12S 
 
 United States statutes 143 
 
 Plumage provisi.on in the Tariff Act of 1913 130 
 
 Migratory Bird Law, differences between Federal 
 
 Regulations and State Law 152 
 
 PART II — COURT PROCEDURE. 
 Court procedure 154 
 
 INDEX. 
 Index to Parts I and II 165 
 
THE CONSERVATION LAW. 
 
 In Relation to Fish and Game. 
 
 Being article V of chapter six hundred forty- 
 eeveu of the hiAvs 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 con- 
 solidated laws," as amended to the close of the 
 regular session of the year 1916. 
 
 [XoTE. — Article V, relating to fish and game, was in- 
 gerted in the Conservation I,aw by chapter 318, Laws of 
 1912. All subsequent acts amending particular sections 
 of that article are indicated in brackets at the foot of 
 the sections so amended.] 
 
 ARTICLE V. 
 Fish and Game. 
 Part I. Powers and duties of commission (§§ 150- 
 161). 
 IT. Game protectors (§§ 165-173). 
 III. Ownership; manner of taking; limit; 
 possession; sale and transportation of 
 wild game and fish restricted (§§ 175- 
 182). 
 
 [5 J 
 
8 Conservation Law. 
 
 Part IV. Licenses, hunting and trapping (§§ 185- 
 ISG). 
 V. Quadrupeds (§§ 190-203). 
 VI. Birds (§§ 210-22;)). 
 VII. Fish (§§ 230-258). 
 VIII. Nets and netting (§§ 270-284). 
 IX. Fishways (§§ 290-293). 
 X. Marine fisheries (§§ 300-335). 
 XI. Private parks (§§ 360-366). 
 XII. Breeding; importation and sale of fisli 
 and game (§§ 370-376). 
 XIII. Definitions and construction (§§ 330- 
 384). 
 
 PART I. 
 Powers and Duties of Commission. 
 Section 150. General po\vers and duties of commis- 
 sion. 
 
 151. Fish culturist. 
 
 152. Additional or other protection. 
 
 153. Fish and game closes. 
 
 154. Power of commission to dispose of fish 
 
 and game seized. 
 
 155. Power to take fish. 
 
 156. Power to purchase fisli eggs. 
 
 157. Power to acquire beaver, deer, moose or 
 
 elk by gift, purchase or capture. 
 
 158. Power to take birds and quadrupeds. 
 
 159. License to collect or possess for prop- 
 
 agation, scientific or exhibition pur- 
 poses. 
 
Conservation Law. 7 
 
 Section IGO. Publication of laws relating to fish and 
 game. 
 161. Observance of rules and regulations; 
 penalty. 
 
 § 150. General powers and duties of commission. 
 The commission shall have charge, control and man- 
 agement of the i)ropagation and distribution of 
 food and game fish, s!iell-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 enforcement of 
 all laws for the protection of fish, shell-fish, Crusta- 
 cea, birds and quadrupeds; lands under water which 
 have been or shall be designated, surveyed and 
 mapped out pursuant to law, as oyster beds or shell- 
 fish grounds, and power to grant leases of land 
 under water for shell- iish culture according to hiw, 
 to make rules regulating the inspection and exami- 
 nation of shell-fish, shell-fish grounds and the build- 
 ings used for storage; handling and shipments 
 thereof; tlie floating of shell-fish; and the removal 
 of shell-fish from beds which are in an unsanitary 
 condition and tJieir deposit upon unpolluted grounds ; 
 power to make rules increasing the size of mesh of 
 nets, regulating the transportation, importation, ex- 
 portation of game, fish, shell-fish and crustacea, 
 and the taking of fish in any manner, other than 
 angling, except as to migratory fish of the sea within 
 
8 Conservation Law. 
 
 the limits of the marine district: the granting of 
 licenses where the same are prescribed by law, the 
 fixing of fees tlierefor and terms thereof. 
 [As amended by chapter 508, Laws of 1913.] 
 
 § 151. Fish culturist. The commission sliall ap- 
 point a fish culturist who shall have charge under 
 tlie 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. Additional or other protection. 
 
 1. Petition for protection. Ten or more citizens 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 including 
 fish or game birds or quadrupeds, protection or addi- 
 tional protection to 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 petitioners 
 who shall attach their addresses. 
 
 2. Notice of hearings. If the commission shall 
 after hearing petitioner entertain the petition, it 
 shall hold a public hearing in the locality or county 
 to be affected upon the allegations of such petition 
 at such time and place within the locality or 
 county affected as the commission may determine 
 
Conservation Laic. 1) 
 
 V. itliin twenty days from the filing thereof. At 
 least ten days prior to such hearing notice thereof, 
 stating the time and i^lace at which svich hearing 
 elmll be held, shall be advertised in a ncAvspaper to 
 be selected by the commission and published in the 
 counties or county to be affected by such additional 
 or other protection or if less than a whole county, 
 in or near the locality wiiich may be affected. Such 
 notice shall contain a brief statemeirt of the grounds 
 upon which such application is made, and a copy 
 thereof shall be mailed to each petitioner at the 
 address given in such petition at least ten days 
 before such hearing. 
 
 ■ 3. Power to grant protection. If upon such hear- 
 ing the commission shall determine that such species 
 of fish or game, b}' reason of disease, danger of 
 exterminatioHi or from any other cause or reason, 
 requires such additional or other protection, in any 
 locality or throughout the state, the commission 
 shall have poAver hy order to prohibit or reguli^ite. 
 during the open season therefor, the taking of such 
 species of fi-sh or game. Such prohibition or regula- 
 tion may be made general throughout the state or 
 confined to a particular part or district thereof and 
 the order shall fix the day when the same shalll take 
 effect and the commission shall sign and enter the 
 order in its minute book. 
 
 4. Publication. At least thirty days before the 
 day fixed for such order to take efTect, copies of the 
 
10 Conservation Law. 
 
 same certified by the secretary to the commission 
 shall be filed in the office of the clerk of each 
 county containing a district or any part of a dis- 
 trict to which the prohibition or regulation applies. 
 At least thirty days before such order shall take 
 eifect the commission shall cause the same to be 
 published in a newspaper published in eacli county 
 wherein such prohibition or regulation shall apply. 
 
 5. [Repealed by chapter 521, Laws of 1916.] 
 
 § 153. Fish and game closes. The commission 
 may, on the request of a majority of the town 
 board of any to^vn, or a majority of the common 
 council of any city, by order, prohibit or regulate 
 the taking of birds or game on lands set aside, with 
 the consent of the owner or owners thereof, as bird 
 and game refuges for a period of not to exceed ten 
 years. On a like request, when fish have been or 
 shall be placed in waters of a town or of a city 
 at the expense of the state, the commission may 
 by order prohibit or regulate the taking of fish 
 from such waters, for a period of not to exceed 
 three years. At least thirty days before such order 
 shall take effect, a copy of the same certified by 
 the secretary to the commission shall be filed in the 
 oflfice of the clerk of the town or city in which the 
 prohibition or regulation applies. Printed notices 
 at least one foot square that such lands or streams 
 have been closed, shall be posted along the bounda- 
 ries of the land, or along the shores or banks of the 
 
Conservation Lavj. H 
 
 waters affected not more than fifty rods apart meas- 
 ured along the said boundaries and along said banks. 
 Any person who sliall violate or attempt to vio- 
 late any such order shall be guilty of a misde- 
 meanor, 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 and in addition shall be liable 
 to the penalties hereinafter provided for taking 
 fish, birds or quadrupeds in the close season. An 
 affidavit of the fact of such stocking with fish or 
 of posting such notices or a certification of such 
 facts by a game protector when filed in the office of 
 the commission shall be presumptive evidence of 
 the facts stated therein and a copy of either when 
 certified by the secretary to the commission shall 
 be competent evidence in any action or proceeding 
 for enforcement of any ©f the provisions of this 
 section. 
 
 [As amended by chapter 508, Laws of 1913, and chapter 
 155, Laws of 1916.] 
 
 § 154. Power of commission to dispose of seizures. 
 Whenever any fish, birds, wild animals or parts 
 thereof, or any devices used in taking the same 
 illegally are found in the possession or under the 
 control of a person contrary to law, said fish, birds, 
 wild animals, or parts thereof, together ■v\ith the 
 device or devices used in taking the same, shall be 
 seized and confiscated in the name of the state. 
 The commission may dispose of such fish, birds or 
 
12 Conservation Laio. 
 
 wild animals or devices in such manner as it deems 
 proper. 
 
 TAs amended by chapter 521, Laws of 1916.] 
 
 § 155. Power to take fish. The commission may 
 take fish with nets at such tines 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 f;-om public or private waters, 
 fish wliich 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 lake lis'.i while coiilined tlierein, or sliall fish 
 within 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, fisli 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 
 of such persons shall not be deemed a stocking of 
 such waters with fish by the state, or fish from 
 state hatcheries. 
 
Conservation Law. . 13 
 
 § 157. Power to acquire beaver, deer, moose or elk 
 by gift, 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 tlie same in such manner as the com- 
 mission may provide. Such permit shall expire 
 within four months after the date of issuance. 
 
 § 159. License to collect or possess for propaga- 
 tion, scientific or exhibition purposes. 1. The com- 
 mission may issue a license revocable at its pleasure 
 to any person, permitting the holder to collect or 
 possess fish, aquatic animals, quadrupeds, birds, birds' 
 
14 Conservation Law. 
 
 nests or eggs for propagation, scientific or exhibition 
 purposes. Before such license is issued, every appli- 
 cant, except a game protector, duly chartered mu- 
 seum 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 license and file a bond 
 in the penal sum of two hundred dollars with two 
 responsible sureties, to be approved by the commis- 
 sion, conditioned that he will not violate the pro- 
 visions of this article or avail himself of the privi- 
 leges of said license for purposes not herein set 
 forth. 
 
 2. The commissioM may also issue a license revoc- 
 able at pleasure to any person, permitting such per- 
 son to possess any species of fish, game birds, 
 aquatic animals or quadrupeds, protected by this 
 chapter, for propagation purposes, upon payment of 
 a license fee of one dollar. The commission may, in 
 its discretion, require a bond from such person, in 
 Buch sum as the commission may determine, condi- 
 tioned that he will not avail himself of the privi- 
 leges of said license for purposes not herein set forth. 
 
 The commission may issiie permits to enable per- 
 sons to ship fish, aquatic animals, ga^ne and quad- 
 rupeds lawfully taken and possessed for propagation, 
 scientific or educational purposes, under such regula- 
 tions as tlie commission may prescribe. 
 
 Fish, aquatic animals, quadrupeds and game law- 
 fully possessed under this section may be sold, at any 
 
Conservation Law. 15 
 
 time, by any person receiving a license under this 
 section for propagation, 'scientific, educational or ex- 
 hibition purposes only. 
 
 Persons receiving a license under this section must 
 report the result of operation thereunder annuall^^ 
 to the commission, at the expiration of the license 
 Such license shall be in force for one year only fron. 
 the date of issue and shall not be transferable. 
 
 [As amended by chapter 50S, Laws of 1913 and chap- 
 ter 92, Laws of 1914.] 
 
 § 160. Publication of laws relating to fish and 
 game. As soon as practicable after the adjourn- 
 ment of the legislature in each year, the commission 
 shall make a compilation of the laws relating to 
 fish and game as amended at the date of such 
 compilation, and properly index the same. Copies 
 of said compilation sufficient in number for the pur- 
 poses of this section shall be printed in pamphlet 
 form of pocket size, under the direction of the 
 tjlerks of the senate and assembly, and such clerks 
 shall distribute them as follows: One hundred 
 copies to each senator; fifty copies to each assembly- 
 man. Twenty thousand copies to the commission for 
 general distribution. It shall be the duty of the 
 commission to prepare and issue a syllabus of the 
 said laws and to deliver to county, city and town 
 clerks a supply sufficient for furnishing one copy to 
 each person procuring a hunting or trapping license, 
 
16 Conservation Law. 
 
 :an(l each such person shall be entitled to one copy 
 
 of said syllabiis. 
 
 [As anu'Dded l)v chapter 508, Laws of lOlo, aud chapter 
 521, Laws of 191G.] 
 
 § 161. [Repealed by chapter 521, Laws of 1916.] 
 
 PART II. 
 
 Game Protectors. 
 Section 165. Number and designation. 
 
 166. Rating of game protectors. 
 
 167. Game protectors to give bonds. 
 
 168. Compensation of game i)rotector3. 
 
 169. Powers of game protectors. 
 
 170. Records and reports. 
 
 171. Special game protectors. 
 
 172. Sheriffs and constables. 
 
 173. Suits against protectors. 
 
 § 165. Number and designation. The commission 
 ^luill appoint one hundred and twenty-live game pro- 
 tectors. The commission shall appoint a chief game 
 protector, a deputy chief game protector, twelve divi- 
 sion chief protectors, five fisheries protectors, and 
 a, protector for the Saint Lawrence river. The chief 
 game protector shall have general supervision and 
 control or all protectors. The positions of chief 
 game protector, deputy chief game protector, divi- 
 sion chief protectors, fisheries protectors, the pro- 
 tector for the Saint Lawrence river and the other 
 ;game protectors provided for by this section sliall 
 
Conservation Law. 17 
 
 hereafter be classilied in the competitive class of the 
 classified civil service. 
 
 [As amended by chapter 508, Laws of 1913 and chap- 
 ter 92, Laws of 1914.] 
 
 § 166. Rating of game protectors. The commis- 
 eion sliall have power to remove^ to suspend without 
 pay, to reduce in rank, to act as a trial board iii 
 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 tiie state civil service law. It shall rate 
 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 Donds. 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 
 
18 Conservation Law. 
 
 four thousand dollars. The deputy chkf game pro- 
 tector shall receive an annual salary of twenty-four 
 hundred dollars. Each division chief protector shall 
 receive an annual salary of sixteen hundred dollars 
 and his actual and 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 traveling expenses, not exceeding seven 
 hundred and fifty dollars. Each game protector shall 
 receive an annual 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 in- 
 creased salary at the rate of fifty dollars per annum, 
 and for each year thereafter in which he shall so 
 qualify he shall receive a like increase until he 
 receives the sum of thirteen hundred dollars per 
 annum, but the commission shall have the power 
 in its discretion, for cause sho^vn, to cancel such 
 increase or any part thereof on the failure of any 
 protector receiving suck increase to qualify for tlie 
 first grade in any year. Game protectors rated in 
 the first grade only shall be eligible for promotion. 
 
 (As amended by chapter 318, Laws of 1915, and chapter 
 521, Laws of 1916.] 
 
 § 169. Powers of game protectors. Game pro- 
 tectors, forest rangers, and fisheries protectors shall 
 enforce all laws relating to fish, birds and quadru- 
 
Conservation Law. 19 
 
 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 offenses 
 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- 
 rant to examine the contents of any boat, car, auto- 
 mobile or other vehicle, box, locker, basket, creel, 
 crate, game bag or other package, and the contents 
 of any building other than a dwelling house, to 
 ascertain whether any of the provisions of this 
 article or of any law for the protection of fish, 
 shell-lish, birds or quadrupeds have been or are 
 being violated, and to use sucli force as may be 
 necessary for the purpose of such examination 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 any 
 parts thereof possessed in violation of the law. or 
 showing evidence of illegal taking, and seize and con- 
 fiscate all devices used in taking fish, game or 
 wild animals illegally, and hold the same subject 
 to the order of the commission; to arrest without 
 w^arrant 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 
 
20 Conservation Law. 
 
 cxc'jcjse such otlier powers of peace oilicers, in tlia 
 ciil'oi cement of the provisions of this chapter, or 
 of jiulgmeiits obtained for violation thereof, as are 
 not herein specifically provided. Any regular or 
 special game protector, fisheries protector, lire 
 superintendent, forest ranger or inspector who shall 
 compromise or settle any violation of the fish and 
 game law out of court, or except as provided by 
 section thirty-six of this chapter, without the order 
 of the commission, shall be guilty of a misdemeanor. 
 [As amended by chapter 521, Laws of lOlG.] 
 
 g 170, Records and reports. The chief game pro- 
 tector and division cliief protectors shall make such 
 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 cliief of his division, and 
 similaily report at the close of each month to tlie 
 chief game protector. The salary and traveling ex- 
 penses of a game protector shall not be payable ex- 
 cept u})on 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 special game protectors. 
 8uch special game protectors shall hold office during 
 tlie i>leasure of the commission, and shall have the 
 same powers as game protectors, and receive one-half 
 of the fmes and penalties loss expenses. They shall 
 
Conner cation Law. 21 
 
 make reports as required by the commission. No 
 person shall be eligible for such appointment until 
 he shall have passed a non -competitive examination 
 conducted under autliority of the commission. 
 [As amended by chapter 508, Laws of 1913.] 
 § 172. Sheriffs and constables. Peace officers shall 
 'have the same ])owers as game protectors under this 
 article, except the right to search without warrant. 
 
 § 173. Suits against protectors. It shall be the 
 duty of tlie attorney-general on request of any regu- 
 lar game ])rotector, accompanied with the approval of 
 the conniiission, to appear in and defend as attorn(>y 
 any action or proceeding prosecuted against the j)ro- 
 tector for or on account of any act of his done while 
 holding such office and when such act was, in the 
 ^opinion of the attorney-general, done in discharge of 
 'the protector's official duty or in reasonable exercise 
 <of his authority. 
 
 {New. Inserted by Chap. 50S, Laws of 1913.] 
 
 PART III. 
 Ownership; Manner of taking; Limit; Possession; 
 
 Sale and Transportation of Wild Game and 
 
 Fish Restricted; Penalties. 
 Section ]7o. Ownersliij). 
 
 176. Taking, limit, possession, sale and trans- 
 
 portation of fish and game restricted. 
 
 177. INIanner of taking fish and game. 
 
 178. Transportation. 
 
 179. Transportation, sale, special. 
 
22 Conservation Law. 
 
 Section 180. Prohibited, sale of certain birds. 
 
 181. Presumptive evidence. 
 
 182. Penalties. 
 
 § 175. Ownership. Tlie 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 
 ca telling, 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 trans- 
 portation of fish and game restricted. No person 
 shall at any time of the year, pursue, take, wound or 
 kill, in any manner, number or quantity, any fish, 
 quadrupeds or birds protected by law, or buy, sell, 
 off"er, or expose the same, or any part thereof, for 
 sale, transport, or have the same in possession except 
 as permitted by this article. Nets except in the 
 marine district, tip-ups, set and trap lines, spears, 
 grappling hooks, naked hooks, snatch hooks, eel weirs 
 
Conservation Law. 23 
 
 and eel pots shall not ba used to take fish except as 
 specifically permitted in this article. Any person 
 aiding ^in any manner in such prohibited acts shall 
 be deemed to have violated this section. 
 [As amended by chapter 508. Laws of 1913.] 
 
 § 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 sunrise and 
 before sunset with a gun fired at arm's length, with- 
 out rest, unless otherwise specifically permitted by 
 this article. A person may take birds and quadru- 
 peds, during the open season therefor, with the aid 
 of a dog, unless specifically prohibited by this article. 
 Any duly organized association for the protection of 
 game msij run field trials for dogs at any time upon 
 obtaining written permission from the Conservation 
 Commission. 
 
 [As amended by chapter 92, Laws of 1914.] 
 
 2. Manner of taking fish. Fish, except migratory 
 food fish of the sea, shall only be taken by angling, 
 unless otherwise 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 Crustacea shall be immediately liberated and re- 
 turned 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 
 
24 Conservation Laic. 
 
 whenever such fish are taken in gill nets, they shall 
 neither be sold, bought or otherwise triifficked in. 
 [As amended by cliaptfer 508, Laws of 11)13. J . 
 
 § 178. Transportation. 
 
 Subd, 1. Common carriers. No common carrier or 
 employee of such carrier shall, while engj^ged in such 
 business, transport as owner of any fi«h or game or 
 parts thereof of species which may not be lawfully 
 sold at any time. Nor shall such- carrier or person 
 knowiiiglj' receive or possess the same for shipment 
 for anotlier whether contained in a package or un- 
 packed if no shipping permit is attached as required 
 in this section. 
 
 Subd. 2. Transportation and exportation of fish and 
 game lawfully salable. Any person may tran^sport 
 ill any manner withhi tliis state or from a point 
 within to a point without during the open season 
 {horcfor, and in any number, wild quadrupeds, birds 
 or fish of species Avhich may be lawfully sold. 
 
 Game or fish raised in private hatcheries or pre- 
 serves and carcas.ses of birds and mammals from 
 without the United States and which may be law- 
 fully imported and sold, when marked and tagged 
 as provided in part twelve of this article, may be 
 transported within and from a point within to a 
 point without this state in any number and by any 
 means. 
 
 Subd. 3. The same; of fish and game not lawfully 
 salable. Any person may transport within this state 
 or from a point within to a point without otherwise 
 
Conservation J. aw. l!.> 
 
 than by common carrier or parcel post and during 
 tlie open season therefor wild quadrupeds, birds or 
 fish but not more in any one day than the number 
 thereof which may be lawfully taken in one day by 
 one person when of species which may not be law- 
 fully sold at any time except as otherwise provided 
 in section one hundred and ninety hereof. 
 
 The taker may transport within this state or from 
 a point within to a point without by common carrier 
 except by parcel post, and during the open season 
 therefor, wild quadrupeds, birds or fish but not more 
 in any one day than the number thereof which he 
 may lawfully take in one day when of species which 
 may not be lawfully sold at any time provided tlie 
 same or the package containing them shall have at- 
 tached thereto before shipment, Avitli the blanks 
 properly filled in by him. a shipping permit issued 
 by the commission except as otherwise provided in 
 section one hundred and ninety hereof. The form of 
 Buch permit shall be determined by the commission. 
 
 Subd. 4. Importation of fish and game not lawfully 
 salable. The taker may transport from a point 
 v/ithout to a point within the state, during xhc 
 open season therefor within the state of New York, 
 game or fish of species which may not be lawfully 
 sold, provided such game or fish was lawfully taken 
 and may be lawfully brought from the place where 
 taken; and further provided that the taker accom- 
 panies the same; or, the same may be shipped by 
 him by common carrier except parcel post, but in 
 
26 Conservation Law. 
 
 that case the shipping requirements of subdivision 
 
 three of this section shall apply. 
 
 The taker may transport from a point without to 
 a point within the state, during the closed season 
 therefor within the state of New York, game or 
 fish of species which may not be lawfully sold, or 
 for which there is no open season, provided such 
 game or fish was lawfully taken and may be law- 
 fully brought from the place where taken, and 
 further provided that the taker accompanies the 
 same and shall have with him a license issued by 
 the commission permitting such transportation. 
 Quadrupeds may be shipped by the taker by com- 
 mon carrier, except by parcel post, but in that 
 case the shipping requirements of subdivision three 
 of this section shall apply. Such game or fish when 
 so transported may be possessed at any time. 
 
 Subd. 5. The same; of fish and game lawfully 
 salable. Importation and transportation by any 
 means and in any number during the open season 
 therefor of wild game or fish the sale of which is 
 permitted by this article shall be lawful except as 
 otherwise expressly provided therein. 
 
 Subd. 6. Shipping permits; prohibition; limitation. 
 Only holders of hunting and trapping licenses shall 
 be entitled to shipping permits described in sub- 
 division three of tJiis section, for shipment of quad- 
 rupeds or birds taken in this state. No person shall 
 be entitled to receive nor shall he apply for more 
 than six such permits in any calendar year nor shall 
 
Conservation Law. 27 
 
 any person to whom such a permit has been issued 
 transfer the same in any manner to any other per- 
 son nor shall any other person use the same for 
 shipping fish or game nor shall any person make any 
 false statement in applying for such a pc/rmit nor 
 shall one person use more than six thereof for ship- 
 ping fish and game in any one calendar year. 
 
 [As amended by chapter 508, Laws of 1913, and chapter 
 521, Laws of 1916.] 
 
 § 179. Transportation, sale; special. The provi- 
 sions of section one hundred and seventy-eight hereof 
 shall not apply to transportation of fish and game 
 for propagation purposes nor to transportation of 
 the head, hide, feet or fur of quadrupeds or of the 
 plumage or skin of game birds legally taken and pos- 
 sessed and the same may be transported at any 
 time. The head, hide and feet of quadrupeds legally 
 taken and possessed may be bought and sold at any 
 time. 
 
 [As amended by chapter 508, Laws of 1913.] 
 
 § 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. 
 
28 Conservation Law. 
 
 § 181. Presumptive evidence. Possession of quad- 
 rupeds, birds or fish or of part tliereof, during the 
 time when the taking of the same in this state is 
 proliibited, or when the possession of the same after 
 the close of the open season is not permitted, shall 
 be presumptive evitlcnce that the same was unlaw- 
 fully taken by the possessor. 
 
 Quadrupeds, birds or fish, lawfully taken and pos- 
 sessed in one part of the state, may be transported 
 by the taker as provided by section one hundred and 
 seventy-eight of this chapter and may be possessed 
 by the taker in any part of the state for the same 
 period of time during which they may be lawtuily 
 possessed at the place where taken. 
 
 [As amended by chapter 50S, Laws of 1913. and 
 chapter 92, Laws of 1914.] 
 
 § 182. Penalties. 1. Unless a different or other 
 penalty or punishment is herein specially preseril^ed, 
 a person who buys, sells, offers for sale, takes, 
 possesses, transports or has in possession for sale 
 or transportation any fish, bird or quadruped, shell- 
 fish or crustacean in violation of any of the pro- 
 visions of the conservation law in relation to fish 
 and game, or who violates or who fails to perform 
 any duty imposed by any of the provisions of said 
 law, or any lawful order, rule or regulation adopted 
 by the commission, is guilty of a misdemeanor; and 
 in addition thereto is liable as follows: to a penalty 
 of sixty dollars and an additional penalty of twenty- 
 five dollars for each fish, bird, quadruped, shell-fish 
 
Conservation Law. 2\) 
 
 or crustacean, or part of fish, bird, quadruped, shell- 
 fish or crustacean bought, sold, offered for sale, 
 taken, possessed, transported or had in possession for 
 sale or transportation in violation thereof. 
 
 2. A person who buys, sells, offers for sale, takes, 
 possesses, transports or has in possession for sale or 
 transportation any deer, elk, moose, caribou, ante- 
 lope, beaver or part of any such animal in violation 
 of any of the provisions Of said law or of any lawful 
 rule or regulation of the commission, is guilty of a 
 misdemeanor, and in addition thereto is liable as 
 follows: to a penalty of one hundred dollars and an 
 additional penalty of one hundred dollars for each 
 deer, elk, moose, caribou, antelope, beaver or part 
 of any such animal bought, sold, offered for sale, 
 taken, possessed, transported or had in possession 
 for sale or transp(»rted contrary to law. 
 
 3. A person wlio violates any of the provisions 
 of sections tAvo hundred and forty-five, two hundred' 
 and forty-seven or two hundred and forty-eight 
 thereof, shall be guilty of a misdemeanor, and in 
 addition thereto is liable as follows: to a penalty 
 of five hiwidred dollars, and an additional penalty 
 of ten dollars for each fish taken, killed or possessed 
 in violation thereof. 
 
 4. Any public officer who fails to perform any duty 
 imposed by any of the provisions of said law or 
 of any lawful rule or regulation of the commission 
 is guilty of a misdemeanor, unless otherwise speci- 
 fically prescribed herein, and in addition thereto is 
 liablo to a penalty of one hundred dollars. 
 
30 Conservation Laic. 
 
 5. A person wlio violates an provision of part 
 eleven shall be guilty of a misdemeanor, and shall 
 be liable to exemplary damages in the sum of twenty- 
 five dollars for each offense or trespass to be 
 recovered by the owner of the lands, or hunting or 
 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. 
 
 [As amended by chapter SOS, Laws of 1013, and chapter 
 521, Laws of 1916.] 
 
 PART IV. 
 
 Licenses: Hunting and Trapping. 
 
 Section 18o. Hunting and trapping license. 
 ISO. Penalties. 
 
 § 185. Hunting and trapping license. Subd. 1. 
 License required. No person or persons shall at 
 any time hunt, pursue or kill with a gun, any wild 
 animals, fowl or birds or take with traps or other 
 devices any fur bearing animals, or engage in hunt- 
 ing or trapping except as herein provided-, without 
 first having procured a license so to do, and then 
 only during the respective periods of the year when 
 it shall be lawful. 
 
 Subd. 2. Application; penalties. Said license 
 shall be procured from any county, city or town 
 clerk in the following manner, to wit: The appli- 
 cant shall fill out a blank application to be furnished 
 
Conservation Law. 31 
 
 by the commission tlirougli the clerk of each county, 
 city or town, stating name, age, occupation and 
 place of residence and post-office address of appli- 
 cant, also -whether a citizen of the United States 
 or an alien and such other facts or descriptions as 
 may be required by the commission. Said applica- 
 tion shall be subscribed and sworn to by the appli- 
 cant before any officer authorized to administer 
 catlis in the state of New York. Any false state- 
 ment contained in such application shall render the 
 license null and void. Any person who shall make 
 any false statement in an application for a license, 
 shall be deemed guilty of perjury, and, on convic- 
 tion thereof, shall be subject to the penalties pro- 
 vided for the commission of perjury. 
 
 Subd. 3. Fees. Said applicant, if a resident of 
 the state for over six months and a citizen, shall 
 pay to the clerk countersigning and issuing the 
 license the sum of one dollar as a license tee 
 together with the sum of ten cents as the fee of the 
 county, city or town clerk for issuing such license, 
 and if a non-resident of the state or an unnaturalized 
 person or an alien, resident or non-resident, shall pay 
 to the clerk countersigning and issuing license the 
 sum of ten dollars together wdth the sum of fifty 
 cents as a fee to the clerk. 
 
 Subd. 4. Disposition of fees. The license fees 
 above provided for shall be remitted hj the 
 city and town clerks on the first Tuesday of each. 
 
32 Conservation Law. 
 
 month to the county clerk of the county, with 
 ■duplicate schedules setting forth the name and resi- 
 •dence of each licensee and the serial number of and 
 the amount paid for each license issued. Such license 
 fees, -less three per centum thereof which the county 
 clerk is hereby authorized to retain for his com- 
 pensation, and the license fees received by the county 
 «lerk for issuing licenses from his olfice, less three 
 per centum (hereof for sucli compensation, shall 
 belong to the state and shall be remitted to tlio 
 ■commission on the second Tuesday of each montli 
 with a duplicate of said schedule, and the fees so 
 received by the commission shall be remitted by the 
 commission to the state treasurer as are fines and 
 penalties. 
 
 Subd. 5. Contents and power under. Said license 
 shall be issued in the name of the commission, and 
 be sealed with the seal of the county, city or town 
 in which the same is issued and be countersigned 
 by the clerk issuing the same. Every license issued 
 sliall be signed by the licensee in ink on the face 
 thereof. It shall entitle the person to whom issued 
 to hunt, pursue and kill game animals, fowl and 
 hh-di and trap fur bearing animals within 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. 
 
 Subd. 6. Carrying and exhibiting same. No pcr- 
 «on to whom a license has been issued shall be en- 
 
 d 
 
Conservation Laia, 33 
 
 titled to take wild animals, fowl or birds, or trap 
 fur bearing animals in this state unless at the time 
 of such taking he shall have such license on his 
 person, and shall exhibit the same for inspection to 
 any protector or other officer or other person request- 
 ing to see the same. Such licensee shall also wear 
 in a conspicuous place on his clothing a button to 
 be furnished by the commission through the clerks 
 issuing licenses. Buttons shall be uniform in size 
 and at least two inches in diameter and shall bear 
 a number corresponding to the number of the license 
 delivered to the applicant and such other matter as 
 may be determined by the commission. The failure 
 of the licensee at all times while hunting, trapping 
 or takirkg wild animals, fowl or birds, to wear such 
 button in a conspicuous place on his clothing shall 
 cause a forfeiture of his license. Such person shall 
 surrender upon demand his license and button to any 
 game protector or other person duly authorized by 
 the commission to receive the same. No other or 
 additional penalty than the forfeiture of his hunting 
 or trapping license, as herein provided, shall be 
 suffered by a licensee failing to wear such button. 
 But such forfeiture shall not operate to prevent a 
 person from procuring another license as provided 
 in this section. The provisions of this section with 
 respect to the issuance of and the wearing of a 
 button shall take effect January first, nineteen hun- 
 dred and seventeen. 
 2 
 
34 Conservation Law 
 
 Subd. 7. Termination. Such license shall be void 
 after the thirty- first day of December next succeed- 
 ing its issuance. 
 
 Subd. 8. Exception. Provided that the owner or 
 owners of farm land, and their immediate family or 
 families occupying and cultivating the same, or the 
 lessee or lessees thereof and their immediate family 
 or families whu are actually occupying and cultivat- 
 ing 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 re- 
 quired to take out a license to trap fur bearing 
 animals. 
 
 Subd. 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 forgery in the 
 second degree, and, on conviction thereof, shall be 
 punishable as provided in case of forgery in the 
 second degree. 
 
 Subd. 10. Prosecution by individuals. All prose- 
 cutions 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 
 
Conservation Law. 35 
 
 of the people of the state of New York against any 
 person 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 section; 
 and it is hereby made the duty of all sheriffs, 
 deputy sheriffs, constables and police officers to 
 inform against and prosecute all persons who, there 
 is reasonable cause to believe, are guilty of violat- 
 ing any of the provisions of this section. Nothing 
 herein shall prevent the commission from prose- 
 cuting persons for violation of this section. 
 
 Subd. 11, Proceeds of actions. All moneys re- 
 covered in any penal action under this chapter, in 
 BO far as it relates to licenses, shall be remitted 
 by the person or cou-rt recovering the same to the 
 commission; one-half of the amount recovered in 
 any penal action under this section, in so far as it 
 relates to licenses, after all disbursements and ex- 
 penses 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 the commission, 
 unless such person is a regular game protector. 
 
36 Conservation Law. 
 
 Subd. 12. Costs. All bills for costs, disburse- 
 ments and attorney's fees in any action or pro- 
 ceeding under this article relating to licenses shall 
 be duly verified, presented to the commission, au- 
 dited by said commission and paid on its approval 
 by the state treasurer to the person entitled to the 
 same. 
 
 Subd. 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 to\Tn clerks. 
 
 Subd. 14. 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 
 forward the same securely attached to a report 
 of the number issued and the amount of license 
 money 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 recapitu- 
 lating and tabulating the total number of licenses 
 of all kinds issued in his county in the calendar 
 year. . 
 
 Subd. 15. Clerks reimbursed for expenses. The 
 county clerk shally^be reimbursed by the state for 
 postage and expressage used in distributing licenses 
 
Covservation Laic. 37 
 
 to city and town clerks and for Ms monthly re- 
 ports required to be made to the commission; his 
 bills therefor shall be presented, audited and paid 
 as herein provided for other payments. 
 
 [As amended by chapter oOS, Laws of 1913, and chapters 
 297 and 521, Laws of 19 IG.] 
 
 Ll'oiiuer seciiou IbO repealed by chapter oOS, Laws 
 of 1913.] 
 
 § 186. Penalties. [Repealed by chapter 521, Laws 
 
 of 191(3.] 
 
 § 188. Nonresident fishing license. Except as here- 
 inafter provided, no person, except a bona fide resi- 
 dent of this state for at least thirty days imme- 
 diately prior to such taking, shall take any fish 
 by angling in any of the fresh waters under the 
 jurisdiction of the state of New York forming a part 
 of the state boundary or through which the state 
 boiuidary runs or shall engage in fishing in such 
 waters without first having procured a license so to 
 do. Said license shall be procured in the manner 
 provided in section one hundred and eighty-five 
 hereof. The applicant shall pay to the clerk the 
 sum of tw^o dollars as a license fee therefor, together 
 with the sum of fifty cents as a fee to the clerk; 
 provided, hoM'Cver, that a nonresident person under 
 the age of sixteen years or a woman may take fish, 
 by angling, without obtaining a fishing license. The 
 provisions of section one hundred and eighty-five 
 in so far as the same are applicable to licenses shall 
 apply to all licenses issued under this section. If 
 
38 Conservation J jaw. 
 
 a rc'Hident of iliis Htate may lawfully fish in such 
 
 part of said boundaiy waters as are not within the 
 
 jinisdiction of the state of New York without being 
 
 icijiiircd to obtain a fishinj^ license from the state 
 
 (ir coiiiitry liaviii<< jiiiisdictioii over the said waters, 
 
 (hen a resident of such state or country may take 
 
 fish in such part of said boundary waters as are 
 
 within the juiisdiction of tlie state of New York 
 
 witlKjut obtaining"; tlie nonresident lishitig license 
 
 jjrcjvided for hei'cin. 
 
 [Added by cliaplcr 1T.\, Laws of I'Jlo ; amended bj 
 eliai)ter 52:;, LawH of li)l(i.] 
 
 PART V. 
 
 Quadrupeds. 
 
 Section 190. Wild deer; open season; limit; manner 
 of takiii*,'. 
 
 191. Possession of wild deer or venison. 
 
 192. Deer; open season, special. 
 
 193. Doos to l)e licensed. 
 
 194. Wild moose, elk, caribou and antelope. 
 
 195. Black, ^my and fox squirrels; open 
 
 season; limit. 
 19G. llaies and labbits; open season; limit; 
 
 sale. 
 197. Heaver; close season. 
 19H. Mink, raccoon and sable; open season. 
 109. Sk'Mik. 
 
 200. Pro[>ajj:at ion of fur bearinf? animals per- 
 inilted. 
 
Conservation Law. 39 
 
 Section 201. MuHkrat; open season. 
 
 202. Land turtles. 
 
 203. Penalties. 
 
 § 190, Wild deer; open season; limit; manner of 
 taking. 1. Open season. Only wild deer having 
 horns not less than three inches in length may be 
 taken from October first to November fifteenth, 
 botii incluHJve, and in wholly inclosed deer parks 
 and in the counties of Clinton, Khhcx, Franklin, Ful- 
 ton, Hamilton, Herkimer, .Jelferson, Lewis, Oneida, 
 Oswego, Saratoga, St. Lawrence, Warren and Wash- 
 ington. 
 
 [As amended by chapter 521, Laws of 1916.] 
 
 2. Limit. A person may take two such wild deer 
 in an o|j<in season, and the taker may transport, when 
 accompanying tlie same, or possess for that purpos<» 
 one carcass or part th<;reof at any one time, or ho 
 may trauajiort the same as provided by section one 
 hundicid and seventy-eight. 
 
 [As amended by chapter 92, I^aws of 1914.] 
 
 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 be taken 
 
 by aid or use thereof. Deer shall not be hunted, 
 
 pursued or killed by any dog of either sex. 
 
 [Ah amendwl bv chapter 508, Laws of llil.'i, and chapter 
 C21, Laws of 1010.] 
 
 § 191. Possession of wild deer or vension. Wild 
 
 deer or ji'enison lawfully taken may be possessed from 
 
40 Conservation Law. 
 
 October first to November twentieth, both inclusive. 
 A person may possess such deer or venison from 
 November twenty-first to February first, both in- 
 clusive, provided a license so to do shall first be ob- 
 tained from the commission. Every person obtain- 
 ing such license shall pay to the commission a fee of 
 one dollar. 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 law- 
 fully remain in the possession of a common carrier 
 the additional time necessary to deliver the same to 
 its destination. Possession of deer or venison, or 
 any part thereof, from November sixteenth to Febru- 
 ary first, both inclusive, shall be presumptive evi- 
 dence that the same was unlawfully taken. 
 
 [As amended by chapter 508, Laws of 1913, and 
 chapter 92, Laws of 1914, and chapter 521, Laws of 1916.] 
 
 § 192. Deer, open season, special. Only wild deer 
 having horns not less than three inches in length 
 may be taken in Ulster county and in the towns of 
 Neversink, Cochecton, Tusten, Highland, Lumberland, 
 Forestburg, 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 Deerpark in Orange county, 
 from November first to November fifteenth, both 
 inclusive. 
 
 [As amended by chapter 508, Laws of 1913.] 
 
Conservation Laic. 41 
 
 § 193. Dogs to be licensed. Ko dog of either sex 
 Bhall be taken into the Adirondack or the Catskill 
 Park, or into forests inhabited by deer, or harbored 
 or possessed therein, unless the OAvmer shall first 
 obtain a license for such dog from the commission, 
 and pay a fee of one dollar therefor. The license 
 shall be issued by the commission in its discretion 
 and under such rules and regulations as it may 
 deem advisable and shall terminate with the calendar 
 year in which issued. A metal tag marked with a 
 number corresponding to the number of the license 
 shall be issued with the said license, and shall be 
 attached to a collar and shall be at all times worn 
 by the dog so licensed. 
 
 Dogs of either sex, licensed as herein provided, 
 shall not run at large in the Adirondack or the 
 Catskill Park or forests inhabited by deer, unac- 
 companied by the owner. 
 
 Any act committed or done contrary to the pro- 
 visions of this section, or the neglect to perform 
 any duty provided therein, shall be deemed a viola- 
 tion thereof for which the owner shall be liable. 
 
 Any person may and it shall be the duty of every 
 game protector to kill any dog of either sex pur- 
 suing or killing deer, and no action for damages 
 shall be maintained against the person for such 
 killing. The prohibitions of this section shall not 
 apply to dogs upon lands actually farmed or culti- 
 vated by the owner of such dog, or within the limits 
 of an incorporated village or town, or a community 
 
42 Conservation Law. 
 
 having a resident population of not less than one 
 hundred individuals. 
 
 [Old section repealed, new section added by chap- 
 ter 521, Laws of 1916.] 
 
 § 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 provided such 
 animal was killed by the owner thereof, in a private 
 park within the state, and further provided that the 
 provisions of section three hundred and seventy-two 
 in so far as the same are applicable are in all 
 respects complied with. 
 
 [As amended by chapter 521, Laws of 1916.] 
 
 § 195. Black, gray and fox squirrels; open season; 
 limit. 
 
 1. Open season. Black, gray and fox squirrels may 
 be taken and possessed from October first to Novem- 
 ber fifteenth, both inclusive, except on Long Island, 
 where they may be taken and possessed from 
 November first to December thirty-first, both in- 
 clusive. No person shall take black, gray or fox 
 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. 
 
 [As amended by chapter 508, Laws of 1913.] 
 
Conservation Law. 43 
 
 § 196. Hares and rabbits; open season; limit; 
 sale; breeding. 
 
 1. Open season. The open season for varying hares 
 and cottontail rabbits shall be from October first to 
 January thirty-first, both inclusive, except on Long 
 Island where the open season for varying hares and 
 cottontail rabbits shall be from November first to 
 December thirty-first, both inclusive. The use of 
 ferrets is at all times prohibited, except that the 
 commission may by resolution permit ferrets to be 
 used in particular counties. The owners or occu- 
 pants of inclosed or occupied farms and lands or a 
 person duly authorized in writing by such owner or 
 occupant may take except by use of ferrets in any 
 manner at any time and in any number varying 
 hares and cottontail rabbits which are injuring their 
 property. Except in counties where the use of fer- 
 
 'rets is permitted by the conservation commission the 
 possession of ferrets afield shall be presumptive evi- 
 dence of their illegal use. 
 
 2. Limit. A person may take six varying hares 
 or cottontail rabbits either all of one kind or partly 
 of each in one day. 
 
 3. Sale. Varying hares and cottontail rabbits maj 
 be bought and sold during the open season for the 
 taking thereof and when brought from without the 
 state, may be bought and sold at any time and in 
 any number. 
 
44 Conservation Law. 
 
 4. Breeding. Varying liares and cotton-tail rab- 
 bits wlien bred in captivity may be bought F.nd sold 
 for food purposes during the close season therefor, 
 provided a license so to do shall have first been 
 obtained from the commission, upon the payment to 
 it of a license fee of hve dollars a year. Varying 
 hares and cotton-tail rabbits so bred may be bought 
 and sold for food purposes during the close season, 
 provided the same shall first have been tagged with 
 an indestructible tag or seal which shall be supplied 
 by the commission luider such rules and regulations 
 as it deems advisable. 
 
 [Subd. 4 added by chapter 521, Laws of 191G.1 
 [As amended by chap. 521, Laws of 191(3.] 
 See Additional Protection Orders. 
 
 § 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 ox 
 abiding places of same, except as permitted in sec- 
 tion one hundred and fifty-eight. 
 
 [As amended by chapter 521, Laws of 1916.] 
 
 § 198. Mink; raccoon and sable; open season. 
 IVIink, raccoon and sable may be taken either in the 
 daytime or at night and in any manner and possessed 
 from November tenth to March fifteenth, both inclu- 
 sive. 
 
 [As amended by chapter 50,9. Laws of 1013. and by 
 chapter 92, Laws of 1914, and chapter 521, Laws of 
 1916.] 
 
 § 199. Skunk. Skunk may be taken either in the 
 daytime or at night and in any manner, but they 
 
Conscrvaiioii Law. 45 
 
 shall not be taken from holes or dens by digging, 
 
 smoking or the use of chemicals, and they may be 
 
 possessed from November tenth to February tenth, 
 
 both inclusive. Skunks which are injuring property 
 
 or have become a nuisance may be taken at any time 
 
 in any manner. 
 
 [As amended by chapter 508, Laws of 1913, and by 
 chapter 92, Laws of 1914.1 
 
 § 200. Propagation of fur bearing animals per- 
 mitted. All species of fur-bearing animals protected 
 by this chapter may be kept alive in captivity at all 
 times for purposes of propagation and sale only, pro- 
 vided a license so to do shall first have been obtained 
 from the commission. Every person obtaining such 
 license shall pay the commission the sum of five 
 dollars as a license fee. No fur bearing animals 
 shall be thus kept which are taken wild during the 
 close season for such fur-bearing animals, and such 
 fur-bearing animals so kept shall not be disposed of 
 in any way during the close season. 
 
 [As amended by chapter 508, Laws of 1913, and 
 chapter 92, Laws of 1914.] 
 
 § 201. Muskrat; open season. Muskrat may be 
 taken in any manner, except as herein prohibited, 
 day or night, and possessed from November tenth to 
 April twentieth, both inclusive. Muskrat houses 
 shall not be molested, injured or disturbed at any 
 time. The taking of muskrats by shooting is 
 prohibited. 
 
 [As amended by chapter 147, Laws of 1913, chapter 
 508, Laws of 1913, and chapter 92, Laws of 1914, and 
 chapter 521, Laws of 1916.1 
 
46 Conservation Law^ 
 
 % 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. [Repealed by chapter 521, Laws of 1916.] 
 
 PART VL 
 
 Birds. 
 Section 210. Game birds defined. 
 
 211. Anatidae or water fowl, open season, 
 
 limit, manner of taking. 
 
 212. Water fowl, open season, manner of 
 
 taking, special. 
 
 213. Rallid£E; open season, limit. 
 
 214. Gallinae or upland game birds, open 
 
 season, limit. 
 
 215. Upland game birds, open season, limit, 
 
 special. 
 
 216. Limicolae or shore birds, open season, 
 
 limit, 
 
 217. Shore birds, open season, special. 
 
 218. Antwerp or homing pigeons. 
 
 219. Certain wild birds protected. 
 
 220. Destroying or robbing nests. 
 
 221. Snares, nets, and traps. 
 
 222. Game shall not be taken on certain 
 
 public lands. 
 222-a. Game not to be taken from an auto- 
 mobile. 
 
 223. Penalties. 
 
 § 210. Game birds defined. For the purpose of this 
 act the following only shall be considered game birds. 
 
Conservation Law. 47 
 
 The anatidse or water fowl, commonly known as 
 geese, brant, swans and river and sea ducks ; 
 
 The rallidse, commonly known as rails, American 
 coots, mud hens and gallinules; 
 
 The gallinse, or upland game birds, commonly 
 known as wild turkeys, grouse, prairie chickens, 
 pheasants, partridges and quail. 
 
 The limicolffi, 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 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 the land, from a blind 
 or Coating device used to conceal the hunter (other 
 
48 Conservation Law. 
 
 than a sail or power boat) from a rowboat, when 
 the same is within fifty feet of the shore or a natural 
 growth of flags or in pursuit of wounded birds. 
 Flocks of ducks shall not be pursued in fresh water 
 :S0 as to drive them away from any neighborhood. 
 [Re-enacted without change, as amended by chapter 
 508, Laws of 1913 ; amended by chapter 521, Laws of 
 1916.] 
 
 § 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 
 ifrom October first to October nineteenth, both in- 
 -clusive, in Great South Bay west of Smith's Point 
 .a.nd east of the Xassau-Sufl'olk county line. 
 
 § 213. Rallidse; 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. 
 
 2. Limit. A person may take during the open 
 ^season not to exceed fifteen of such birds in the 
 
Conservation La^. 49 
 
 aggregate of all kinds in one day. Whenever two 
 cr more persons are occupying the same boat or 
 blind, not to exceed twenty of such birds shall be 
 taken in the aggregate of all kinds in one day by 
 Buch persons. 
 
 § 214. GallinEe or upland game birds; open season; 
 limit. Upland game birds may be taken as follows, 
 and when so taken may be possessed during the 
 open season therefor and for an additional period of 
 the five days next succeeding the said open season. 
 
 [As amended by chapter 521, Laws of 1916.] 
 
 1. Quail. There shall be no open season for quail 
 before October first, nineteen hundred and eighteen. 
 
 2. Grouse or partridge. October first to November 
 thirtieth, both inclusive. A person may take not to 
 exceed four grouse or partridge in one day and 
 twenty in the open season. 
 
 [See Additional Protection Orders.] 
 
 3. Wild pheasants. On the last two Thursdays 
 in the month of October and the first two Thursdays 
 in the month of November and possessed during the 
 period of time between the first open Thursday in 
 October and the last open Thursday in November, 
 inclusive. Only wild male pheasants may be taken. 
 A person may take and possess not to exceed three 
 wild male pheasants in the open season. 
 
 £See Additional Protection Orders.] 
 
50 Conservation Law. 
 
 4. Partridge. There shall be no open season for 
 
 Hungarian or European gray legged partridge. 
 
 [As amended by chapter 508, Laws of 1913, and 
 Chapter 92, Laws of 1914.] 
 
 § 215. Upland game birds; open season; limit: 
 
 special. Quail, pheasants, and grouse may be taken 
 
 on Long Island from November first to December 
 
 thirty-first, both inclusive. A person may take not 
 
 to exceed ten quail, six male pheasants and four 
 
 grouse in any one day and fifty quail, thirty-six male 
 
 pheasants and twenty grouse, in the open season on 
 
 Long Island. 
 
 [As amended bv chapter 508, Laws of 1913. and chapter 
 621, Laws of 1916.] 
 
 § 216. Limicolae or shore birds; open season; 
 limit. Shore birds may be taken as follows, and 
 when so taken may be possessed during the open 
 season therefor and for an additional period of the 
 five days next succeeding the said open season. 
 
 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, surf birds, sandpipers, ta tiers and 
 curlews. September sixteenth to November thirtieth, 
 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 persons are occu- 
 pying the same boat or blind not to exceed twenty- 
 
Conservation Law. 51 
 
 five shore birds may be taken in the aggregate of 
 all kinds in one day by such persons. 
 
 [Re-enacted without change, as amended by chapter 
 508, Laws of 1913, and chapter 521, Laws of 1916.] 
 
 § 217. Shore birds; open season; special. Shore 
 birds may be taken on Long Island as follows: 
 
 1. Woodcock. October fifteenth to November thir- 
 tieth, both inclusive. 
 
 2. Snipe, ployer, surfbirds, sandpipers, tatlers and 
 curlews. August first to November thirtieth, both 
 inclusive. 
 
 [As amended by chapter 521, Laws of 1916.] 
 
 § 218. Antwerp or homing pigeons. No person 
 ehall take or interfere with any Antwerp or homing 
 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 the English sparrow, starling, crow, hawk, 
 crow-blackbird, snow-owl, great horned owl, great 
 blue heron, bittern and king-fisher shall not be taken 
 or possessed at any time, dead or alive, except under 
 the authority of a certificate issued under this 
 article. No part of the plumage, skin or body of 
 any bird protected by this section or of any birds 
 
52 Conservatiun Law. 
 
 coming from without tlie state, whether belonging 
 to the same or a dilTerent 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 
 l)irds for which an open season is provided in this 
 article, birds or parts thereof collected or possessel 
 in accordance with the provisions of section one lum- 
 <dred and fifty-nine. 
 
 [As amended by chapters 77 and 521, Laws of 191G.] 
 
 § 220. Destroying or robbing nests. Nests of wild 
 'birds other than the English sparrow, starling, crow, 
 hawk, crow-blackbird, snow-oAvl, great horned owl 
 :find kingfisher shall not be robbed or wilfully de- 
 fitroj'^ed, except when necessary to protect buildings 
 or prevent their defacement, or when taken under 
 the authority of the commission. 
 
 § 221. Snares, nets or traps. No wild bird, or 
 Ibird for which a close season is provided, shall be 
 trapped, netted or snared, or, if so taken, possessed. 
 '^o net, trap or snare for taking pheasants, grouse 
 or quail, shall be set, placed or used where such birds 
 •can be taken. Any such net, trap or snare is de- 
 clared to be a public nuisance, and may be sum- 
 marily abated and destroyed by any person, and it 
 «hall be the duty of every protector to seize and 
 destroy any such device. 
 
 [As amended by chapter 508, Laws of 1913.] 
 
Conservation Laic. 53- 
 
 § 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 other than state or 
 county highways within the forest preserve counties^ 
 
 [As amended by chapter 405, Laws of 1916.] 
 
 § 222-a. Game not to be taken from an auto- 
 mobile. Xo person while in an automobile shall take 
 game; nor by aid or use of any light or lights 
 carried thereon or attached thereto. 
 
 [As added by chapter 404, Laws of 1916.] 
 
 § 223. [Repealed by chapter 521, Laws of 1916.} 
 
 PART VII. 
 Fish. 
 Section 230. Sale of minnows for bait. 
 
 231. Bass; open season; limit. 
 
 232. Trout; open season; limit. 
 
 234. Lake trout and whitefish; open seasou 
 
 and size limit; catch; sale of. 
 
 235. Lake trout and whitefish; open season j 
 
 special. 
 
 236. Pikepereh; open season; size limit;. 
 
 sale of. 
 
 237. Pickerel and pike; open season and 
 
 limit; sale of. 
 
54 Conservation Law. 
 
 Section 238. Short nosed sturgeon; lake sturgeon; 
 sea sturgeon ; open season and size 
 limit; sale of. 
 
 239. Maskalonge; open season and size limit; 
 
 sale of. 
 
 240. Striped bass; size limit; sale of. 
 
 241. Smelt or icefish; open season and size 
 
 limit; sale of. 
 
 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 fishwaya. 
 *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 
 
 So in original. 
 
Conservation Law. 55 
 
 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. 
 
 [See Lake George. See Additional Protection Orders.] 
 
 § 232. Trout; open season; limit. 
 
 1. Open season. Trout not less than six inches 
 in length may be taken and possessed from the first 
 Saturday of April to August thirty-first, both in- 
 clusive. 
 
56 Conservation Law. 
 
 2. Size of catch. A person may take not to exceed 
 
 ten pounds of trout in one day. 
 
 [As amended bv chapter 508, Laws of 1913 and 
 Chapter 92, Laws of 1914.1 
 
 [§ 233. Repealed by chapter 508, Laws of 1913.] 
 
 § 234. Lake trout and whitefish; open season, and 
 size limit; catch; sale of. 
 
 1. Open season and size limit. Lake trout not 
 less than fifteen inches in length and Avhitefish not 
 less than one and three-quarters pounds in the round 
 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 when- 
 ever 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. 
 
 4. Sale of. Such lake trout and whitefish may be 
 
 bought and sold during the open season therefor. 
 
 [As amended by chapter 508, Laws of 1913, and 
 chapter 92, Laws of 1914.] [See Lake George.] 
 
 § 235. Lake trout and whitefish; open season; 
 special. Lake trout and whitefish may be taken in 
 
Conservation Law. 67 
 
 Lakes Erie and Ontario in any number or quantity 
 at any time, and when so taken may be possessed, 
 bought and sold, provided that every person to whom 
 a license is issued to take such fish with a net or 
 nets operated from power boats shall, when required 
 by the commission, furnish without charge to the 
 commission eggs and milt from such fish taken by 
 him during the spawning season. Such eggs and 
 milt shall be taken by the commission for propaga- 
 tion only and shall be taken from the fish by the 
 agents of the commission. The person to whom 
 Bueh license is issued may be required by the com- 
 mission to give a bond with sufficient sureties 
 approved by the commission conditioned that he 
 will furnish such eggs and milt as aforesaid and 
 permit the agents of the commission to be present 
 in any such boat at the time of the taking of such 
 lish for the purpose of taking such eggs and milt 
 and conditioned that he will not hinder or delay 
 such agent in the performance of such duty nor in 
 the landing of such eggs and milt from said boat in 
 good order. 
 
 Lake trout not less than fifteen inches in length 
 and white fish not less than one and three-quartera 
 pounds in the round taken without the state may 
 be imported into this state at any time and when 
 80 imported may be possessed, bought and sold, 
 
 [As amended by chapter 508, Laws of 1913, and 
 chapter 92, Laws of 1914.] 
 
58 Conservation Law. 
 
 § 236. Pike perch; open season; size limit; sale of. 
 
 1. Open season; size limit and sale of. Pikeperch 
 not less than twelve inches in length may be taken, 
 possessed, bought and sold in any number or 
 quantity from May thirtieth to March first, both 
 inclusive. 
 
 2, Blue pike perch and saugers of any size may be 
 
 taken at any time and in any number or quantity 
 
 in Lakes Erie and Ontario and in the lower Niagara 
 
 river, and when so taken may be possessed, bought 
 
 and sold. 
 
 [Amended by chapter 403, Laws of 1916.] 
 [See Lake George.] 
 
 § 236-a. Yellow perch; open season; sale of. 1. 
 Yellow perch may be taken and possessed, in any 
 number or quantity, from the waters of Cazenovia 
 lake, Otisco lake, Skaneateles lake, Cross lake, 
 Onondage lake and Jamesville reservoir, only be- 
 tween the first day of May and the first day of 
 Marcli, both inclusive. 
 
 2. Such yellow perch may be bought and sold dur- 
 ing the open season therefor, 
 
 [Added by chapter 219, Laws of 1915, and amended by 
 chapter 521, Laws of 1S)16.] 
 
 § 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. 
 
Conservation Lmv. 59 
 
 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. 
 
 [See Lake George.] 
 
 § 238. Shortnosed sturgeon; lake sturgeon; sea 
 sturgeon; open #season and size limit; sale of. 
 
 1. Open season and size limit, Shortnosed stur- 
 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 
 tliirty-first, both inclusive, in any number or quan- 
 tity. No person shall take maskalonge through the 
 ice. 
 
60 Conservation Law. 
 
 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 
 Bold 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 
 not less than six inches in length may be taken from 
 the inland waters of the state and in Lake Cham- 
 plain in any number or quantity at any time. 
 Smelt or icefish of any size may be brought from 
 without the state or taken within the marine 
 district. 
 
 2. Possession and sale of. Such smelt or icefish 
 may be possessed, bought and sold at any time. 
 
 [As amended by chapter 508, Laws of 1913.] 
 
 § 241-a. Lake George, open seasons, special. The 
 open seasons for taking fish in the waters of Lake 
 George, in any part thereof, shall be as follov/s: 
 Lake trout, from May -first to October first, both 
 inclusive; pike perch, pickerel, great northern pike, 
 from June sixteenth to December thirty- first, both 
 inclusive; bullheads, from July first to December 
 thirty-first, both inclusive; black bass, from August 
 first to December fifteenth, both inclusive. 
 
 [Inserted by chapter 583, Laws of 1913.] 
 
Conservation Law. 61 
 
 § 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 propa- 
 gation and distribution of trout, may on approval 
 of tlie commission, take trout eggs from trout in 
 public waters for breeding purposes and such trout 
 Siiall be returned to the waters from which they 
 were taken. Before permission is given, or trout 
 taken as herein provided, the applicant shall show- 
 conclusively that he has facilities for breeding 
 trout, and must execute a satisfactory bond to the 
 peojile of the state, to be approved by the com- 
 mission, conditioned that he 'will not sell, give 
 away, convert to his own use, or otherwise dispose 
 of any trout, or eggs taken under said permit, and 
 Avill return the young trout to public waters at 
 sucli times and places as the commission may 
 designate. 
 
 [As amended by chapter 508, Laws of 1913.] 
 
 § 243. Prohibited; disturbing bass, trout, and lake 
 trout while spawning. Bass, trout and lake trout 
 on spawning beds in the close season shall not 
 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. 
 
62 Conservation Law. 
 
 § 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 seine, 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. 
 
 § 248. Prohibited; obstructing streams. Except 
 as provided in section two hundred and fifty-six or 
 as directed by the commission, no person shall by 
 means of any rack, screen, weir, or other obstruction 
 in any creek, stream or river, prevent the passage 
 of fish. The commission may order such an obstruc- 
 tion to be removed by the person erecting the 
 same or by the owner of the land on which the 
 
Conservation Law. 6$ 
 
 same is located. A copy of the order shall h& 
 served on such person or owner. Failure to comply 
 with the terms of such order A>ithin ten days> 
 after service of the same shall be deemed a viola- 
 tion of this section. 
 
 [As amended by chapter 508, Laws of 1913.] 
 I 
 
 § 247. Prohibited; polluting streams. No dye- 
 
 btuffs, coal tar, refuse from a gas house, cheese- 
 factory, creamery, condensery or canning fac-tory^ 
 sawdust, shavings, tanbark, lime or other dele- 
 terious or poisonous substance shall be thrown or 
 allowed to run into any waters, either private or 
 public in quantities injurious to fish life inhabit^ 
 ing the same, or injurious to the propagation of 
 fish therein. 
 
 [Re-enacted without change, chapter 508, Laws of 
 1913.] 
 
 § 248. Prohibited; polluting of waters used bjr 
 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 ia 
 connection therewith. Every such privy, water- 
 closet, pigsty, hogpen, enclosure, barn, barnyard and 
 drain is hereby declared to be a public nuisance,. 
 
64 Conservation Law. 
 
 ^Tid may be summarily abated by the commission, 
 JS^o person shall place sewage or other matter inju- 
 rious to fish where the same can find its way into 
 vater used by any fish hatchery operated by the 
 «tate, or suffer the same to be done from, over or 
 through premises owned or occupied by him. 
 
 § 249. Prohibited; drawing off water; fishing. Xo 
 •person shall take fish by shutting or drawing ofT 
 water for that purpose. No person shall hold back 
 •or divert the water in any stream which supplies a 
 state hatchery so as to prevent the necessary flow 
 ■of sufficient Avater for hatchery purposes. 
 
 No person, except under authority of the com- 
 anission, shall take fish from the waters of any 
 iish hatchery. 
 
 [As amended by chapter 508, Laws of 1913.] 
 
 § 250. Prohibited; placing fish in certain waters. 
 yish 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 
 irout. 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 waters 
 the spawn of such fish or use such fish as bait in the 
 water thereof. Whenever the conservation commis- 
 sion shall determine that any waters of the state 
 lieretofore inhabited or stocked with trout are no 
 longer inhabited by trout or are unsuitable as trout 
 
Conservation Law.. f>,"5 
 
 waters, the commission may make an order permit- 
 ting such waters to be stocked with any species of 
 fish in addition to trout, lake trout, frostfish, white- 
 fish or smelt, or the eggs thereof. 
 
 [As amended by chapter 92, Laws of 1914.] 
 
 § 251. Prohibited; fishing near fishways or dams. 
 The commission may maintain fifty rods from any 
 dam or fishway erected by the state in public waters, 
 on both sides of the stream above and below the fish- 
 way or dam (as the case may be) signboards con- 
 taining substantially the following notice: ''Fi.'"ty 
 rods to the fishway or dam (as the case may be) ; all 
 persons are prohibited by law from fishing in this 
 stream between this point and the fishway or dam " 
 (as the case may be). No person shall take fish 
 within fifty rods of any fishway or dam posted with 
 signboards as provided in this section. 
 
 [As amended by chapter 92, Laws of 1914.] 
 
 § 252. Prohibited; taking fish through the ice in 
 certain waters. No person shall take fish through 
 the ice in waters inhabited by trout unless an 
 order specifying the waters and fixing the season 
 Bhall first be made by the commission. 
 
 [As amended by chapter 508, Laws of 1913.] 
 
 § 253. Tip-ups. Tip-ups may be used, for fishing 
 through ice except in waters inhabited by trout, ta 
 take bullheads, catfish, eels, perch, sunfish, and ex- 
 cept during the months of March and April, pike- 
 perch, pike and pickerel. No person shall operatf 
 3 
 
86 .Conservation Law. 
 
 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. 
 
 [As amended by chapter 508, Laws of 1913.] 
 
 § 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 an order specifying 
 the waters and fixing the season shall first be made 
 by 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. 
 
 [As amended by chapter 508, Laws of 1913.] 
 
 § 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 an order specifying the waters 
 and fixing the season shall first be made by the 
 commission. 
 
 [As amended by chapter 508, Laws of 1913.] 
 
 § 255-a. Taking certain non-game fish. Suckers, 
 mullet, carp, bullheads and eels may be taken by 
 snatch hooks only in any stream in the state at any 
 point in such stream not less than five miles below 
 the source thereof, between November first and 
 April thirtieth, both inclusive. In taking such fisli 
 
Conservation Law. 67 
 
 under the provisions of this section, driving shall 
 be permitted. Ihe requirements, prohibitions, con- 
 ditions and exceptions prescribed by sections two hun- 
 dred and fifty -two and two hundred and fifty-five of 
 this chapter shall not apply to the taking of fish 
 described in this section with snatch hooks within 
 the times herein prescribed. 
 
 [Added by chapter 297, Laws of 1915.1 
 
 § 255-a. Spearing in Niagara river. 1. Fish except- 
 ing trout, black bass, pickerel and maskalonge may 
 be taken in the Niagara river between the lower 
 steel arch bridge and the suspension bridge at Lewis- 
 ton Heights Avith spears, at any time during the open 
 season for such fish. No such fish, however, shall be 
 taken of a size less than that prescribed by this 
 chapter. 
 
 [Added by chapter 299, Laws of 1915.] 
 
 2. Every person, before taking fish with a spear as 
 herein provided, shair obtain a license therefor from 
 the town or city clerk of the town or city in which 
 he resides. Such town clerk shall be entitled to re- 
 ceive a fee of one dollar for issuing such license to 
 be disposed of in the manner provided by subdivision 
 four of section one hundred and eighty-five of this 
 chapter. 
 
 § 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, 
 
CS Conservation Law. 
 
 provided a license for so doing shall first be ob- 
 tained from the commission. Eel weirs shall not 
 l-.e used in waters inliabited by trout. This section 
 shall not apply to waters 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. [Repealed by chapter 521, Laws of 1916.] 
 
 PART VIII. 
 
 Nets and Netting. 
 Section 270. Nets to be licensed. 
 
 271. Fish which may be taken with nets. 
 
 Superintendent of inland fisheries. 
 
 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. J lets in Lakes Erie and Ontario. 
 
 277. Niagara river. 
 
 278. Nets in Ohaumont bay and adjacent 
 
 waters. 
 
 279. Nets in Hudson and Delaware rivers 
 
 and adjacent waters. 
 
 280. Application. 
 
 281. Vessels to carry employees of commis- 
 
 sion. 
 
Conservation Law. 69 
 
 Section 282. Nets to be destroyed. 
 
 283. Seizure of nets; regulations in certain 
 
 counties. 
 
 284. Penalties. 
 
 § 270. Nets to be licensed. Unless otherwise pro- 
 vided by this article, 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 com- 
 mission. Eules regulating 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 commis- 
 sion. 
 
 [As amended by chapter 508, Laws of 1913.] 
 
 § 271. Fish which may be taken with nets. Su- 
 perintendent of inland fisheries. When permitted by 
 the commission lake trout, whitefish, pickerel, pike, 
 pike perch, shad, herring, striped bass, smelt or ice- 
 fish 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 super- 
 vising the taking of fish with nets the commission 
 is empowered to designate from the protectors a 
 
70 Conservation Law. 
 
 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. 
 
 [As amended by chapter 508, Laws of 1913, and 
 chapter 107, Laws of 1914.] 
 
 § j*;2. 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- 
 eightlis 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. Hauling of nets regulated. No* nets or 
 other devices for taking fish shall be hauled after 
 sunset and before sunrise. 
 
 [As amended by chapter 508, Laws of 1913.] 
 
 § 274. Nets to be tagged and buoyed. All nets 
 or other devices for taking fish 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 the use of nets of any 
 kind is prohibited. This prohibition shall not apply 
 
Conservation Law, 71 
 
 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 this 
 chapter. 
 
 § 276. Nets in Lakes Erie and Ontario. Fish, ex- 
 ccjit black bass and maskalonge, may be taken with 
 nets during the open season therefor in the waters 
 of Lake Erie, except within one-half mile of the 
 shores or islands thereof and within five miles of the 
 mouth of Cattaraugus creek and, with the exception 
 of sturgeon nets, within five miles of the head of 
 Kiagara river during the open season; and in Lake 
 Ontario opposite and between the east and west 
 boundaries produced of Niagara county, except within 
 one-half mile of the shores or islands of such lake 
 and within one mile of the mouth of the Niagara 
 river during the open season; and in Lake Ontario 
 outside of such waters opposite Niagara county 
 from May sixteenth to September thirtieth, both in- 
 clusive, except within one mile of the shores or 
 islands thereof during the open season, and from 
 October first to May fifteenth, both inclusive, except 
 within one-half mile of the shores or islands thereof 
 during the open season. 
 
 [As amended by chapter 664, Laws of 1913. and 
 chapter 329, Laws of 1914, and chapter 627, Laws of 
 1915.] 
 
 § 277. Niagara river. Seines and squat nets may 
 be used to take fish except black bass, lake trout, 
 whitefish and maskalonge in the Niagara river in 
 
72 Conservation Law. 
 
 November, December, January and March. Fish ex- 
 cept black bass, pike perch, lake trout, whitefish, 
 pickerel and maskalonge may be taken by seine, 
 machine or trap by citizens of tlie 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 lake trout 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 bays 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 June first, both 
 inclusive, and except the waters around Fox island 
 within three-quarters of a mile of said island 
 between a line running due north from the foet of 
 said island, and a line running due cast from the 
 south head of said island from October tenth to 
 November twentieth, both inclusive. Such nets shall 
 on order of the commission be removed from any 
 place after the black bass begin to run there. 
 
Conservation Law. 73 
 
 Sturgeon may be taken with sturgeon nets of not 
 
 less than five inch bar at any time. 
 
 [As amended by chapter 664, Laws of 1913, and chap- 
 ter 521, Laws of 1916.1 
 
 § 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 
 fift-eenth to June fifteenth, both inclusive, in the 
 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. 
 
 § 280. Application. The provisions of part VIII 
 of this article, except sections two hundred 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. 
 
 {As amended by chapter 508, Laws of 1913.] 
 
74 Conservation Law. 
 
 § 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. 
 
 § 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 inland or tidal waters 
 of the state or on the shores thereof, or islands sur- 
 rounded by said waters are hereby declared to be 
 public nuisances, and shall be summarily seized, 
 abated and destroyed by any game protector or may 
 be sold by the commission at public auction to the 
 highest bidder under rules and regulations estab- 
 lished by it; provided, however, the commission may 
 direct a game protector to retain certain nets or 
 seines for the use of the state hatcheries. Posses- 
 sion of nets other than as provided for by part VIII 
 at any time by any person in or on or within five 
 hundred feet of any waters of the state shall be pre- 
 sumptive evidence that the same were unlawfully 
 used. > 
 
 [As amended by chapter 508, Laws of 1913.] 
 
 § 283. Seizure of nets; regulations in certain 
 counties. The reasonable expense of the seizure, re- 
 
Conservation Law. 75 
 
 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 
 bo 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 
 said statement and the destruction of said devices 
 as it may deem proper. 
 
 § 284. [Repealed by chapter 521, Laws of 1916.] 
 
 PART IX. 
 
 Fishways. 
 Section 290. Notice of construction of dam. 
 291. Fishways; penalties. 
 
 § 290. 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 
 public authority, by the official directing or permit- 
 ting the work. 
 
 § 291. Fishways; penalties. The commission may 
 on notice to the owner of the land or the official 
 
7Q Conservation Law. 
 
 directing or permitting the work, make an order to 
 be entered in its minutes and to be served by copy 
 on such person or official directing the construction 
 of fishways in any dam heretofore or hereafter built, 
 or if there be fishways, the making of changes 
 therein in accordance with specifications to be em- 
 bodied in said order and it shall be the duty of the 
 person or official so served to comply with such 
 order within the time to be specified in said order, 
 and every person or officer who fails or refuses to 
 comply with or violates such order shall be guilty 
 of a misdemeanor and be liable to a penalty of five 
 dollars for every day such violation, failure or re- 
 fusal continues. 
 
 [As amended by chapter 508, Laws of 1913. §§ 292 
 and 293 repealed by chapter 508, Laws of 1913.] 
 
 PART X. 
 
 Marine Fisheries. 
 Section 300. Marine district described. 
 
 301. Bureau of marine fisheries. 
 
 302. Office and clerical force. 
 
 J 303. Eeports relating to shellfish. 
 
 S04» Leases for cultivation of shellfish, et 
 cetera, limitations, 
 
 305. Collection of rents. 
 
 306. Settlement of disputes as to shellfish 
 I leases. 
 
 307. Provisions' for taxation; statement of 
 '^-^ property; penalty; assessment of tax. 
 
Conservation Law. 77 
 
 Section 308. Levy of tax, et cetera. 
 
 309. Collection of tax. 
 
 310. Sanitary inspection of shellfish grounds, 
 
 et cetera. 
 Sll. Duties of state commissioner of health. 
 
 312. Record and certificate of inspection, et 
 
 cetera, notice of condition of public 
 shellfish grounds, 
 
 313. Prohibited sale of shellfish unless sani- 
 
 tary condition be certified, et cetera. 
 
 314. Taking oysters in South bay. 
 
 315. Blue Point oysters. 
 
 316. Shellfish beds protected. 
 
 317. Dredging and raking for shellfish. 
 
 318. Scallops, size limit. 
 
 319. Residents only to take shellfish. 
 
 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, et cetera. 
 
 325. Polluting waters. 
 
 32G. Garbage not to be thrown in certain 
 w^aters. 
 
 327. Prohibited; use of nets in inlets. 
 
 328. Prohibited; nets in the Harlem river 
 
 and adjacent waters. 
 
 329. Richmond county and Raritan bay. 
 
78 Conservation Law. 
 
 Section 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 waters 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 
 the supervision and control of the commission. The 
 commission may appoint for the bureau of marine 
 fisheries a supervisor of marine fisheries, who shall 
 administer the affairs of such bureau relating to 
 shellfish and shell fisheries. 
 
 [As amended by chapter 508, Laws of 1913.] 
 
 § 302. Office and clerical force. The commission 
 may appoint for the bureau of marine fisheries a 
 deputy supervisor of marine fisheries, a cashier who 
 shall also perform 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 
 
Conservation Law. 79 
 
 exceed seven hundred dollars a year, one confidential 
 secretary who shall have a salary of eighteen hun- 
 dred dollars a year, one or more bacteriologists and 
 such clerical assistants as are actually needed for 
 which appropriation shall have been made by the 
 legislature. The supervisor, the deputy supervisor 
 and the cashier shall take and subscribe the con- 
 stitutional 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 
 commission, 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 ina- 
 bility to act of the supervisor, the deputy supervisor 
 shall have and exercise all the power of the super- 
 visor. All the officers and employees of the bureau 
 of marine fisheries shall hold office during the 
 pleasure of the commission. 
 
 [As amended by chapter 508, Laws of 1913.1 
 
 § 303. Reports relating to shellfish. The super- 
 visor shall, on or before the fifth day of each montli, 
 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 
 feources, together with a statement of all land under 
 water disposed of for shellfish cultivation and all 
 Buch lands surrendered to the state, together with 
 
80 Conservation Laio. 
 
 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 comnii 815 loner 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 
 and deputy couiinissioner in charge of the division 
 of fish and game shall include in such reports in 
 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 
 commi'^'''nn. idmv Icmso 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 siifficient quantities to enable persons engaged in 
 the taking thereof, to earn a livelihood by working 
 on such lands. 
 
Conservation Law. 81 
 
 2. Letting to be at public auction. Before a lease 
 is made notice thereof must be posted for at least 
 three weeks in a conspicuous place in the office of 
 the supervisor, in the office of the town clerk and 
 in the post-office neavrst 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- 
 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 
 
82 Con6crva(iun Law. 
 
 him upon such giouiid, and such extension shall bo 
 made at the terms named in such original lease. 
 
 4. Reports. Every person holding a lease or fran- 
 chise sliall report annually to the supervisor, on 
 blanks provided for tliat 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- 
 mtjiita, whicli siiali be maintained by lum, his suc- 
 cessors or assigns during the continuance of the 
 lease. 
 
 6. Leases not transferable. Leases shall not be 
 transferable in whole or in part, except to persona 
 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 commissioners 
 of the land office to grant land under water, but 
 any grant of land actually occupied and in us^ for 
 cultivation of shellfish shall be subject to the right 
 
Conservation Law. 83 
 
 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, 
 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 oents 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- 
 signment of such lands to the state of Xew 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 
 
^4 Conservation Law. 
 
 ref^ard 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 
 <:ommission. 
 
 § 307. Provisions for taxation; statement of prop- 
 4erty; 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 
 <iay of September, annually, deliver to the supervisor 
 at his ofiice a statement under oath, specifying the 
 number of acres of shellfish grounds owned, leased 
 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 
 
Conservation Law. 8ij» 
 
 at his office within the time above specified, or, if 
 any statement so delivered to him sliall 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 shalT 
 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 
 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 officer 
 or bureau, an annual tax at the rate of twenty- 
 five cents per acre shall be levied and assessed; 
 
SG Conservation Lu,w. 
 
 upon each and every acre of shellfish ground located 
 -within this &tate 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 
 t)e served personally or by mailing the same to 
 ihe last known post-oflBce address of such person, 
 stating that such tax roll has been completed and 
 is on file in the office of the supervisor, the number 
 of acres so assessed and the amount of the tax 
 thereon, the penalties incurred, if any, and that on 
 a day therein stated, which shall be not less than 
 iive days from the date of such notice, the super- 
 visor or the deputy in charge of the division of 
 ifish 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 ap- 
 plicable and such assessment may be reviewed by 
 -certiorari in the manner provided in the tax law 
 for the review of erroneous or illegal assessments. 
 
Conservation Law, 87 
 
 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 receipt 
 therefor, and immediately enter such payment upon 
 the assessment book with the date of payment. 
 Such tax and any penalty thereon shall 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 imposed on said 
 shellfish grounds, or the shellfish thereon, by any 
 authority whatever. 
 
 5. Limitations. Sections three hundred and six, 
 three hundred and seven, three hundred and eight, 
 and three hundred and nine of this chapter do not 
 apply to or affect lands under water, held and in 
 possession under colonial patents, or legislative 
 grants, by any town or person in the counties of 
 Kings, Queens, Suffolk, Nassau or Richmond, 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 eighty-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. 
 
 [As amended by chapter 508, Laws of 1913.1 
 
88 Conservation Laic. 
 
 § 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 
 payable, 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 with his 
 fees for making such collection, and such sheriff ia 
 hereby authorized, empowered and required in de- 
 fault of such payment to sell the property described 
 in such warrant in the manner provided by law for 
 a sale under execution, and to deliver to the pur- 
 chaser thereof a proper deed or assignment, as the 
 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 
 Bhall be accounted for and paid by said supervisor 
 to the state treasurer, for the benefit of the state, 
 within thirty days after its receipt. 
 
Conservation Larc. S9 
 
 § 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 inspected and 
 examined by a competent bacteriologist, appointed 
 by the commission, all shellfish grounds and other 
 places within the state from which shellfish are 
 taken, planted, cultivated or handled, with a view 
 to ascertaining the sanitary condition of such shell- 
 fish grounds and other places, and the fitness of the 
 shellfish in such places, or which may be taken there- 
 from, for use as articles of food, except that shell- 
 fish grounds used exclusively for the growing or 
 cultivating of seed oysters shall not be subject to- 
 the sanitary examination and inspection provided 
 for in part X, 
 
 [As amended by chapter 796, Laws of 1913.] 
 
 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 inspected 
 or such places, and if the shellfish thereon or therein 
 are found unfit for consumption, cause a certificate 
 of inspection thereof, theretofore issued, to be can- 
 celed on ten days' written notice to the holder. 
 
 3. Service of notice. Such notice shall be in 
 writing and shall be served on the person to whon> 
 
so Conservation Law. 
 
 the certificate is issued, and may be served by de- 
 livering the same to him personally or by post by 
 letter addressed to the person on whom it is to be 
 «erved 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. 
 AVhen the person is a corporation, notice shall be 
 served by delivering the same or by sending it by 
 post addressed to the office or principal place of 
 business of such corporation. 
 
 4. Report. Such bacteriologist shall immediately 
 ^fter each examination and inspection make a report 
 thereof to the supervisor of the sanitary condition 
 •of the various shellfish grounds and other places 
 .^and their products inspected and examined by him. 
 
 [As amended by chapter 508, Laws of 1913.] 
 
 § 311. Duties of state commissioner of health. 
 Tor the purpose of making such inspection, the com- 
 mission may request the state commissioner of 
 liealth 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 
 *;anitary inspectors who shall, under the direction 
 of the supervisor of marine fisheries, visit such 
 bhellfish grounds and places, and examine them, 
 find the shellfish found thereon or therein, and im- 
 mediately report to said supervisor the result of 
 -such examination. 
 
Conservation Law. 91 
 
 § 312. Record and certificate of inspection; fee; 
 termination; revocation; transfer; notice of con- 
 dition of public shellfish grounds. 
 
 1. Record and certificate of inspection. The super- 
 visor 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, waters or places, 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 
 tlic owners, lessees or persons in possession of such 
 oyster beds and other shellfish grounds, waters or 
 places as shall be found to be in good sanitary con- 
 dition and the product of which shall be found fit 
 for use as food. The said certificate 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 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, waters or places, their 
 location by lot number, if possible, and the number 
 of acres in each lot or parcel. 
 
 2. Fees. The supervisor at the time of issuing 
 such certificate and annually thereafter shall charge 
 and receive therefor from each person to whom a 
 
92 Conservation Law. 
 
 certificate is issued a fee at the rate of twenty-five 
 cents for each acre of shellfish grounds so certified 
 to be in a sanitary condition except that the " free 
 bay " oyster lands in the town of Brookhaven, Suffolk 
 county, shall be exempt from the tax of twenty- five 
 cents per acre so long as it remains " free bay," and 
 a fee of five dollars for the examination and certifi- 
 cation of each place used for the water storage and 
 floating of shellfish. 
 
 3. Termination. Each certificate unless sooner re- 
 voked shall be void after the first day of January 
 next succeeding its issuance. Provided that all cer- 
 tificates heretofore issued shall be valid until the 
 first day of January next unless sooner revoked. 
 
 4. Revocation. 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 par- 
 cels without fee. 
 
 5. Transfer. In case any shellfish grounds or 
 parcels thereof are sold or leases thereof transferred, 
 a new certificate shall be issued to the purchaser or 
 purchasers thereof upon application to the super- 
 
 6. Notice of conditions of public shellfish grounds. 
 The supervisor shall, after examination and inspec- 
 tion of public shellfish grounds, give to the public, 
 
Conservation Laio. 93 
 
 notice of the result of such examination and in- 
 spection. Such notice shall be published in a neAvs- 
 paper published in the county and posted in three 
 public and conspicuous places in the town in which 
 said shellfish grounds are located. The actual ex- 
 pense of making such examination and inspection 
 shall be a charge upon and paid by the towns within 
 which such public shellfish grounds are located and 
 the fee provided for in subdivision two of this sec- 
 tion shall not apply in such case. 
 
 For the purposes of this section the term public 
 shellfish grounds shall be taken to mean shellfish 
 grounds owned by the state or any municipality but 
 which have not been leased or otherwise granted to 
 any person or private corporation. 
 
 [As amended by chapter 508, Laws of 1913, and chap- 
 ter 426, Laws of 1915.] 
 
 § 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 
 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, 
 for consumption as food, any oyster or other shell- 
 fisli 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 
 
94 Conservation Law. 
 
 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 
 to the w^ater 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. 
 
Conservation Law. Cj^ 
 
 § 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 
 bhipment 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 unleased lands 
 shall not be operated from any boat propelled other- 
 wise than by sail or oars. 
 
 § 318. Scallops; size limit. Scallops shall not be 
 
 taken or possessed, if less than one year ©Id, except 
 
 from legally planted or cultivated oyster lands. 
 
 Nothing in this section shall be construed to permit 
 
 the sale of scallops of less than one year of age for 
 
 food. 
 
 [As amended by chapter 508, Laws of 1913, and chap- 
 ter 426, Laws of 1915.] 
 
96 Conservation Law. 
 
 § 319. Resident only to take shellfish. No person 
 who has not been an actual resident of this state 
 for six months immediately prior to tlie 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. Starfish 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 w^ritten order of the state fish cul- 
 turist or the supervisor. 
 
 § 322. Size of openings in lobster traps. All lobster 
 traps constructed or used after the thirty-first day 
 of December, nineteen hundred and fourteen, shall 
 have at the bottom of the trap on each side thereof 
 an opening not less than one and one-half inches 
 wide. Such openings must remain clear and un- 
 diminished. 
 
 [As amended by chapter 37, Laws of 1915.] 
 
Conservation . Law. 97 
 
 § 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 west of a line 
 dra\\Ti from Rocky Point to Race Rock 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 
 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 
 4 
 
98 Conservation Law. 
 
 issue, and any license may be revoked at any time 
 at the pleasure of the commission. 
 
 [As amended by chapter 170, Laws of 1916.1 
 
 § 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 
 cflFense. 
 
 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 
 fish with nets from the tidal waters of the state, or 
 within three nautical miles of the coast line, without 
 
Conservation Law. 99 
 
 first having obtained from the commission the neces- 
 eary 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 to render food fish into oil or ferti- 
 lizer, and any person taking or using 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 ofi'ense. 
 
 [As amended by chapter 521, Laws of 1916.] 
 
 § 325. Polluting waters. Sludge, acid or refuse 
 from oij AYorks, 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 
 Buch waters have become polluted from one or more 
 of these causes, it shall be his duty to cause com- 
 plaint to be made in a criminal action against the 
 person or persons so ofTending, and such person or 
 persons so offending shall also be liable in damages 
 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 
 
100 Conservation Law, 
 
 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 of the city 
 of New York or in any of the bays, creeks or con- 
 fluent brooks within said limit. 
 
 § 329. Richmond county and Raritan bay. Fish, 
 except ^ shad, in Raritan bay or waters adjacent 
 thereto in Richmond county shall not be taken 
 except by angling. Shad shall not be taken except 
 by pounds or drifting shad nets from March fifteenth 
 to June fifteenth, both inclusive. 
 
 [As amended by chapter 54, Laws of 1913.] 
 
Conservation Law. 101 
 
 § 330. Jamaica bay and adjacent waters. Nets 
 ehall not be set, placed or maintained in the arm 
 of the 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 northeasterly 
 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 with 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 
 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 Giavesend 
 bay, shall not b.e less than four inches square. Eel 
 
102 Conservation Law, 
 
 and flounder hoop nets may be used from October 
 fifteenth to March thirty-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 sa-id nets shall 
 show plainly above the water at high tide. 
 
 § 332. Rockaway bay, Jones' inlet and adjatent 
 waters. Nets shall not be used in Jones' inlet inside 
 of the first spar buoy or inside of a line drawn three- 
 quarters of a mile easterly and westerly from said 
 buoy or in any of the following creeks, runs or water 
 running into or tributary to Jones' inlet, namely: 
 Long creek, below the sharp point of the marsh; 
 Sea Dog creek, below a line drawn northerly and 
 southerly from the easterly end of Elder island; 
 Shell creek, below the point of the gunning lead; 
 Swift creek, below the upper point of Swift creek on 
 the easterly side thereof; Haunt's creek, below a line 
 drawn from the upper side of Haunt's creek point 
 and Old Ben's point. 
 
 [As amended by chapter 508, Laws of 1913.] 
 
 § 333. Recording and fees. All franchises, grants 
 and leases of lands for shellfish culture, and assign- 
 ments thereof, shall be recorded in the office 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 
 
Conservation Law. 103 
 
 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 water, 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 the 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 incon- 
 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- 
 alties, the same to be enforced under the provisions 
 of article three of this chapter. 
 
 §§ 335-355. [Repealed by chapter 521, Laws of 
 1916.] 
 
104 Conservation Law. 
 
 PART XI. 
 
 Private Parks. 
 Section 360. Laying out private parks. 
 * 361. Notices in private parks. 
 
 362. Protection of private lands not parki, 
 
 364. Signs not to be defaced. 
 
 365. Fish and game protected. 
 
 366. State game refuges. 
 
 367. Penalties. 
 
 § 360. Laying out private parks. A private park 
 for the propagation and protection of fish, birds or 
 quadrupeds may be established by the owner or per- 
 son having the^ exclusive right to hunt or fish on 
 private 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 situated, a notice substantially describing 
 the same and stating that it will be used as a private 
 park to propagate and protect fish, birds or quadru- 
 peds. Part of a private 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 seven- 
 teenth, eighteen hundred and ninety-six, shall not be 
 laid out in any such park. If waters or lands are 
 hereafter stocked by the state with fish or game 
 
Conservation Law. 105 
 
 with the consent of the owner, the provisions of 
 part XI shall no longer apply thereto. 
 
 [As amended by chapter 508, Laws of 1913.] 
 
 § 361. Notices in private parks. Notices 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 not more 
 than forty rods apart close to and along the entire 
 boundary thereof, and there shall be so placed at 
 least one notice or signboard on each side and one 
 at each corner of such park and where an outer 
 boundary runs along or under any waters, the 
 Dearest shore or banks within the park shall be 
 deemed the boundary for the purpose of posting 
 eucli notices or signboards. It shall also be con- 
 sidered 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 with a written notice containing a brief de- 
 scription of the premises, warning all persons 
 against hunting or fishing or trespassing thereon. 
 
 [As amended by chapter 508, Laws of 1913, and chap- 
 ter 746, Laws of 1913.] 
 
 § 362. Protection of private lands hot parks. An 
 owner or person having the exclusive right to hunt 
 or fish upon inclosed or cultivated lands, or to 
 take fish in a private pond or stream and desiring 
 to protect the same, shall maintain notices or 
 
106 Vi)nscrratio)i Law. 
 
 Higiihoarda, of tlio size and posted and maintained 
 in the manner described in the preceding section. 
 I As amended by ohaptor r)()S, Laws of 1913.] 
 
 § 363. [Repealed by cliapter 508, Laws of 1913.] 
 
 § 364. Signs not to be defaced. No person shall 
 injure, deface, or remove, a notice or signboard, 
 placed or maintained pursuant to the provisions of 
 this article. 
 
 [As amended by cbnpter 508, liUvvs of 191 3.1 
 
 § 365. Fish and game protected. No person shall 
 take or disturb lisli, birds or (puidriipeds on any pri- 
 vate park or private lands or trespass thereon for 
 that purpose, after notices are posted as prescribed 
 herein; or, if the notices have been once posted or 
 the land (jstablished as a private uark, after personal 
 service upon him in the name of the owner or owners 
 of a written or printed notice containing a descrip- 
 tion of the premises and warning all persons against 
 limiting or lishing or trespassing thereon. 
 
 [As amended by ebnpter 508, Laws of 1013, and 
 t-luiptcr 92, Laws of 1914. J 
 
 § 386. State game refuges. Any land owned by 
 tl e state, enclosed as defined by subdivision twenty- 
 three of section three hundred and eighty of this 
 chapter, except lands in the Adirondack and Catskill 
 parks, may be set aside by the conservation commis- 
 sion as a game refuge upon piibiisliing the notice 
 mentioned in section three hundred and sixty of this 
 chapter and upon posting and maintaining the notices 
 
Conservation Law. 107 
 
 or signboards in the manner described in section 
 three hundred and sixty -one of this chapter. Tiie 
 commission may purchase in the name of and for the 
 use of the state in any town of the state outside the 
 limits of the Adirondack and Catskill parks, lands 
 containing not less than one hundred acres, or rnay 
 purcliase the shooting and lishing riglits in jconnec- 
 tion with sufh hinds, and may establisli tliereon a 
 game rcfiigt; upon publishing and postiMg tlu; notices 
 as above jirovided. No person shall take or disturb 
 lisli, birds or quadrupeds on such state ganu; refuges 
 or trespass thereon for that purpose, after the notices 
 are published and posted as above prescribed. Such 
 lands shall remain a game refuge and private park 
 for the propagation and i)rot(!ction of lish, birds or 
 quadrupeds as long as such laiuis renuiin the pro{)- 
 erty of the state, or until the commission shall by 
 an order to b(! published in the manner j.r(;scrib('d by 
 8(Htion three hundred and sixty, permit the taking 
 of lish, birds or quadrupeds upon such premises. 
 fAs addcHl by chapter 92, Laws of 1914.] 
 
 § 366-a. The conservation commission is also au- 
 tliorized to set aside the following tract of land as 
 a game refuge surrounding the game farm at 
 Sherburne, Chenango county. New York, bounded 
 and described as follows: Commencing at a point 
 in the village of Sherburne at the intersection of 
 Main and State strecits, and running th(!nce northf^dy 
 in the highway leading from Sherburne village to 
 
108 Conservation Law. 
 
 Earlville village and crossing the Lackawanna rail- 
 road track at Baldwin station; thence westerly from 
 said Baldwin station about eighty-eight rods to a 
 bridge across the east branch of the Chenango river 
 where the said Sherburne-Earlville highway is inter- 
 sected by the Earlville and Sherburne west-hill high- 
 way; and thence southerly on the Sherburne west- 
 hill highway two miles to Sherburne west-hill, and 
 crossing at Sherburne west-hill the highway leading 
 from Sherburne village to Smyrna village; and 
 running thence south from -Sherburne west-hill along 
 the Merril's ridge road to Sherburne four corners; 
 being two miles and three hundred and sixteen rods; 
 and running thence northeasterly from Sherburne 
 four corners past the school house on the road lead- 
 ing from Sherburne four corners to Sherburne vil- 
 lage; and thence easterly across the Chenango river 
 and along the Pratt road, being about three miles 
 and one hundred and sixty rods, to the place of 
 beginning, 
 
 [Added by chapter 523, Laws of 1916.] 
 
 § 367. [Repealed by chapter 521, Laws of 1916.] 
 
 PART XII. 
 Breeding, Importation and Sale of Fish and Game 
 Section 370. Lake trout and other fish; transpor- 
 tation of; sale during close season, 
 371. Sale of trout raised in private hatch- 
 eries. 
 
Conservation Law. 109 
 
 Section 372. Breeding of elk, deer, pheasants, and 
 ducks, et cetera. 
 
 373. Certain mammals and birds may be 
 
 imported from without the United 
 States and sold. 
 
 374. Fees. 
 
 375. Storage of fish. 
 
 376. Penalties. 
 
 § 370. Lake trout and other fish; transportation 
 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. Pro- 
 vided, 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 !\lissisquoi 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 therefor any person may buy, possess and sell 
 lake trout, whitefish, 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-office address of every person 
 from whom he shall buy, sell to or ship such fish and 
 at all times shall permit the commission, or any 
 member or officer thereof to make a full exam- 
 
1 10 Conservation Law. 
 
 illation of his books and papers relating to the 
 purchase and sale of fish, and when required by 
 the commission, furnish the original invoice or in- 
 voices, freight or express receipts used in the 
 transportation thereof. 
 
 [As amended by chapter 508, Laws of 1913.] 
 
 § 371. Sale of trout raised in private hatcheries. 
 Any person desiring to engage in the business of 
 propagating and selling trout raised in a pri- 
 vate hatchery may make application in writ- 
 ing 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 duly tagged under 
 regulations prescribed by the commission. Upon 
 obtaining a like permit, trout raised in a private 
 hatchery without the state, may be possessed and 
 sold within this state, provided the same shall be 
 tagged as prescribed under rules and regulations of 
 the commission. 
 
 [As amended by chapter 298, Laws of 1915, and chap- 
 ter 521, Laws of 1916.] 
 
 § 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- 
 
Conservation Law. Ill 
 
 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 the owner 
 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 license 
 permitting such applicant to breed and raise domes- 
 ticated American elk, whitetailed deer, European 
 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 car- 
 casses thereof for food as hereinafter provided. Such 
 license shall expire on the last day of December in 
 each year at midnight. 
 
 2. Manner of killing. Any person to whom suclr 
 a license shall have been issued may kill such elk, 
 deer, pheasants or ducks in the manner and at the 
 time herein set forth, as follows: Elk, deer, pheas- 
 ants, mallard ducks or black ducks may be killed in 
 any manner at any time, but mallard ducks or black 
 ducks, killed by shooting, shall not be bought, sold or 
 trafficked in, except under such rules and regula- 
 tions as the commission may prescribe. Any person. 
 
112 Conservation Laio. 
 
 may possess or sell such elk, deer, pheasants or ducks 
 for food as hereinafter &et forth. 
 
 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 
 carcasses of such pheasants or ducks, when tagged 
 as aforesaid, may be possessed, sold or oii'ered 
 for sale at auy time. Every game protector or per- 
 son 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 repo}t thereof, 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 con- 
 sumed, 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 
 
Conservation Law. 113 
 
 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 consumption, 
 and no license shall be required of such person or 
 club. 
 
 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 such 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 
 
114 Conservation Law. 
 
 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 calendar year 
 ending the thirty-first day of December in which 
 said license was issued, which said report shall state 
 the total number of elk, deer, pheasants, mallard 
 and black ducks killed, sold or transported, as per- 
 mitted by the provisions of this section, during the 
 said period. 
 
 Such reports shall set forth the name of the 
 person to whom such elk, deer, pheasants or ducks 
 were sold or transported; the name of the game 
 protector or person designated in whose presence 
 
Consert:cdion Law. 115 
 
 such elk, deer, pheasants or ducks were tagged, and 
 such reports 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 sec- 
 tion, shall be surrounded -by a fence of wire or other 
 material of a pattern to be approved by the com- 
 mission 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 con- 
 victed of a violation of the conservation law in rela- 
 tion to fish and game, the commission may revoke 
 the license of such person, and thereafter no similar 
 license shall be issued to such person. 
 
 [As amended by chapter 508, Laws of 1913, and 
 chapter 92, Laws of 1914, and chapter 466, Laws of 
 1915, and chapter 521, Laws of 1916,] 
 
 § 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 grey-legged partridge, Euro- 
 pean red-legged partridge, Egyptian quail, and the 
 carcasses of European red deer, fallow deer, roebuck 
 and reindeer may be imported into this state from 
 without the United States and sold therein at any 
 time, provided, nevertheless, that immediately upon 
 
116 Conservation Law, 
 
 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 seventy-two. The said 
 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 portions of any birds 
 so tagged to a guest, customer or member for con- 
 sumption. 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 conditions as the 
 commission may prescribe. Such license shall ex- 
 pire on the last day of December in each year at mid- 
 night unless sooner revoked by the commission. 
 
 [As amended bv chapter 508, Laws of 1913, and chapter 
 4G2. Laws of 1916.] 
 
 § 374. Fees. The commission shall be entitled to 
 receive and collect for each tag or seal affixed to 
 
Conservation Law. 117 
 
 the carcass of any animal or bird, as provided by 
 eections three hundred and seventy-two and three 
 hundred and seventy- three, the sum of five cents; 
 and the sum of one cent for each tag or seal affixed 
 to each trout as provided by section three hundred 
 and seventy-one hereof. 
 
 [As amended by chapter 521, Laws of 1916,] 
 § 375. Storage of fish. Any dealer in fish or frogs, 
 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 or froga 
 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 or frogs 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 tliis ar- 
 ticle; the bond may also contain such other pro- 
 visions as to the inspection of the fish or frogs pos- 
 sessed, as the commission shall require, and shall be 
 subject to the approval of the commission as ta 
 amount and form thereof, and the sufficiency of the 
 sureties. But no presumption that any fish or frog- 
 is lawfully possessed under the provisions of this 
 section shall arise until it affirmatively appears that 
 the provisions thereof' have been complied with. 
 [As amended by chapter 92, Laws of 1914,] 
 
 § 376. [Repealed by chapter 521, Laws of 1016.) 
 
118 Conservation Law. 
 
 § 377. Certain mammals and birds may be im- 
 ported from without the state and sold. Any per- 
 son engaged in the business of raising and selling 
 domesticated American elk, whitetail 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 
 the owner or lessee, under a breeder's law providing 
 for the tagging of all preserve bred game and other- 
 wise similar in (principle to the law of the state 
 of New York in such case made and provided, may 
 make application in writing to the commission for 
 a permit to import such mammals or birds into the 
 state of New York and sell the same. In the event 
 that the commission shall be satisfied that the said 
 mammals and birds are bred in captivity and are 
 killed and tagged under a breeding law similar in 
 principle to that of the state of New York, upon 
 the payment of a fee of five dollars, together with 
 sucli additional sum as the commissioner may deter- 
 mine to cover the necessary cost of inspection, the 
 commission may in its discretion issue a revocable 
 permit in writing to such applicant to import such 
 mammals and birds raised as aforesaid into the 
 state of New York and to sell the same, in which 
 case the provisions of sections three hundred and 
 seventy-two, three hundred and seventy-three and 
 three hundred and seventy-four of the conservation 
 law, in so far as the same are applicable, shall 
 apply. 
 
 [Added by chapter 406, Laws of 1916.] 
 
Conservation Law. il9 
 
 PART XIII 
 Definitions and Construction 
 Section 380. Definitions. 
 
 3-81. Application of article. 
 
 382. Construction. 
 
 383. Kepeal. 
 
 384. Time of taking effect. 
 
 § 380. Definitions. The following words and 
 phrases used in this article are defined as follows: 
 
 1. " Commission " is synonymous with conserva- 
 tion commission. 
 
 2. Gender and number shall be disregarded in 
 construing this article wiienever 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 
 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 
 
120 Conservation Law. 
 
 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, game protected by 
 law, domestic game and imported game. 
 
 [As amended by chapter 508, Laws of 1913.] 
 
 8 " Wild game " and " game protected by law *' 
 include all game birds as defined and mentioned in 
 eection two hundred and ten, and all quadrupeds for 
 which a close season is provided. 
 
 [As amended by chapter 508, Laws of 1913.] 
 
 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 section three hun- 
 dred seventy- two hereof. 
 
 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. 
 
Conservation Law, 121- 
 
 16. " Pickerel " and " pike " include the great 
 northern pike, commonly called pickerel, pond pick- 
 erel, chain pickerel, grass pickerel and banded 
 pickerel. 
 
 17. " Pikeperch " includes walleyed pike, commonly 
 called pike, and yellow pike. 
 
 [Re-enacted without change, chapter 508, Laws of 
 1913.] 
 
 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, 
 head, wings or tail of any bird, and wherever the 
 word occurs in this article reference is had ta 
 plumage of birds coming from without the state 
 as well as to that obtained within the state, but 
 it shall not be construed to apply to the feathers of 
 birds of paradise, ostriches, domestic fowl or domes- 
 tic pigeons. 
 
122 Conservation Law. 
 
 23. Where 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. " Nets " includes seines, gill nets, pound nets, 
 trap nets, scap nets, fyke nets, dip nets, scoop nets 
 and stake nets. 
 
 26. " Taking " includes pursuing, shooting, hunt- 
 ing, killing, capturing, trapping, snaring and netting 
 fish and game, and all lesser acts such 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 this 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- 
 tion. Whenever taking is allowed by law, reference 
 is had to taking by lawful means and in lawful 
 manner. 
 
Conservation Law. 123 
 
 27. " Hunting " includes pursuing, shooting, kill- 
 ing, capturing and trapping game or quadrupeds, 
 and all lesser acts such as disturbing, harrying or 
 worrying, or placing, setting, drawing or using any 
 device commonly used to take game or quadrupeds 
 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 
 game or quadrupeds. 
 
 [Subd. 27 added by chapter 92, Laws of 1914]. 
 
 28. " Immediate family " as used in subdivision 
 eight of section one hundred and eighty-five of this 
 chapter includes all persons who are related by blood, 
 marriage or adoption and domiciled in the . house 
 of the owTier or lessee. 
 
 29. For the purposes of this chapter a dog shall 
 be deemed to be " at large " when it is outside of 
 the owner's residence or a fenced enclosure im- 
 mediately surrounding or adjacent to such residence. 
 
 [Subds. 28 and 29 added by chapter '521, Laws of 
 1916.] 
 
 § 381. Application of article. In all cases where 
 possession, purchase or sale of fish or game or of 
 the flesh of any quadruped, bird or fish is unlawful, 
 possession, purchase or sale of the same species of 
 fish or game or of the flesh of the same species of 
 quadruped, bird or fish coming from or taken without 
 the state, shall be deemed to be and is, except aa 
 otherwise expressly provided herein, unlawful. 
 
 [As amended by chapter 508, Laws of 1913.] 
 
124 Conservation Law. 
 
 § 382. Construction. This article is intended to be 
 a restatement of existing law with such cliangos as 
 clearly appear. The terra of office of the present 
 employees of the commission in the division of fish 
 and game shall not be affected, except as herein 
 specifically provided. Nothing in this article shall 
 be construed as amending or repealing any pro- 
 visions of the code of criminal procedure nor of the 
 penal law. Any of the provisions of this article 
 inconsistent with the provisions of the code of crim- 
 inal procedure or of the penal law shall be held to 
 be elToctive for the purposes of this article only. 
 
 [As amended by chapter 50S, Laws of 1913, and chap- 
 ter 521, Laws of 1910.] 
 
 Schedule of Laws Repealed. 
 Laws of Chapter Section 
 
 1911... 
 
 . 647... 
 
 193 as amended by chapter 176 
 of the laws of 1915. 
 
 1912... 
 
 . 31S... 
 
 . 161, 187, 203, 223, 258, 284, 335, 
 367 and 376. 
 
 1913... 
 
 . 508... 
 
 . 152. subd. 5, 186, 203, 223, 253, 
 2S4, 355, 367 and 376. 
 
 1914... 
 
 . 92... 
 
 . 355 ajul 367. 
 
 1915... 
 
 . 176... 
 
 . 193. 
 
Conservation La>w. 
 
 125 
 
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 Conservation Law. 
 
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RULES AND REGULATIONS. 
 
 Relating to: 
 
 I. Nets, set and trap lines, eel weirs and eel pots. 
 
 II. Taking minnows for bait. 
 
 Til. Buying and selling trout artificially propagated. 
 
 IV. Propagation and sale of skunks. 
 
 V. Possession of venison. 
 
 [Adopted by the Conservation Commission on the 10th 
 day of December, 1912, to take effect January 1, 1913.] 
 
 NETS, SET AND TRAP LINES, EEL WEIRS AND 
 EEL POTS. 
 
 -. . 1. No nets of any kind shall be set 
 
 , or used for the taking of fish in 
 Lake Erie or Lake Ontario or the in- 
 land 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. 
 
 Food fish, la. Food fish, other than migratory 
 
 manner of food fish, of the sea within the limits 
 
 taking. of the marine district, shall not be 
 
 taken by any person in any manner other than by 
 
 [128] 
 
Rules and Regulations. 129 
 
 angling or in the manner expressly permitted by a 
 
 license or permit duly issued by the Commission. 
 
 . ,. ,. 2. No license shall be granted ex- 
 
 Apphcation ^ 
 
 ,, . cept upon written application made 
 
 upon blanks to be furnished by the 
 Commission and signed and sworn to by the ap- 
 plicant. 
 
 All applications for licenses must be endorsed by 
 two responsible persons. 
 
 The application shall specify the size of the bar 
 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 suf- 
 ficient 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 accom- 
 panied by such a bond in the penal sum of five hun- 
 dred dollars. 
 
 Failure to return to the Commission at the ex- 
 piration of a liceifte, tags issued by it, or to make 
 the report required by rule twelve hereof is sufficient 
 cause for denying an application for a license. 
 5 
 
130 Rules and Regulations. 
 
 License 3. All licenses for nets shall be 
 
 subject to granted piirsuant and subject to these 
 rules. rules and regulations. 
 
 4. Only such nets, to the nuHiber 
 Kind of nets and of the size of the bar, with lead- 
 to be used ers and wings, of the length men- 
 and duration tioned, shall be used as are specified 
 of license, in the license; the license shall specify 
 the kind of nets to be used and the 
 duration of the license; licenses shall be granted 
 for no longer than one year; all licenses granted 
 during the year will expire on the thirty -first duy 
 of December following, unless an earlier date is 
 specified; nets shall be used only during and at the 
 times specified in the license. 
 Revocation. ^- ^^^ Commission may revoke any 
 license granted hereunder at any time 
 for any reason which to the Commission may seem 
 sufficient. 
 
 6. A license issued pm'suant to 
 ° " these rules is not transferable and 
 if a licensed net be used by any per- 
 son other than the licensee or a person in his employ, 
 or under his immediate supervision, it shall be 
 deemed forfeited, revoked and cancelled. 
 
 Location of ^' -^^^^ shall be set or used only 
 
 nets re- ^^ ^^® waters mentioned in the 
 
 stricted license; the setting and hauling of 
 
 all nets in those waters shall at all 
 
 times be under the direct supervision and control of 
 
Rules and Regulations. 131 
 
 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 autliority of 
 Baid Commission or person. 
 
 Xo net licensed under a seine license shall be 
 staked, anchored or otherwise fastened while in 
 the water unless specifically permitted in the license. 
 
 ^ . £ 8. The Commission shall issue with 
 Tagging of , ^ , 1-1 
 
 , each licensed net a tag upon which 
 
 nets. ^ ' 
 
 sliall be stamped a number corre- 
 sponding with the number or numbers on the license. 
 Such tag must be attaclied to the net when in use 
 in such manner that it will be on the top of or 
 above the water ami in plain sight at all times. 
 
 t^ t.-v.-4.- X 9- 1'he owner of each licensed boat 
 
 ExniDition of 
 
 ,. on Lake Erie or Lake Ontario shall 
 
 license. 
 
 at all times have his license in plain 
 
 Bight, 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 per- 
 son designated by the Commission. 
 
 10. The bar of all nets used under 
 Mesh of ,. J. J. X 1 
 
 any license, except to take minnows 
 Nets 
 
 for bait, shall be as follows: 
 
 Nets for taking lake trout and whitefish, not 
 less than 2% -inch bar; 
 
 Nets for taking Otsego whitefish in Otsego Lake, 
 not less than 1%-inch bar; 
 
132 Rules and Regulations. 
 
 Nets for taking fish, other than lake trout and 
 whitefish, not less than 1%-inch bar; 
 
 Nets for taking short-nosed sturgeon, not less 
 than 2% -inch bar; 
 
 Nets for taking other sturgeon, not less than 
 5-inch bar. 
 
 11. Fish not allowed to be taken 
 
 Disposal of under the license shall be carefully 
 
 fish uninten- handled and immediately returned 
 
 tionally taken to the water; fish which may be 
 
 or undersized taken, if under the size limit and 
 
 fish taken in taken in gill nets, must be disposed 
 
 gill nets. of as provided in section 177 of the 
 
 Conservation Law. 
 
 _ 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. 
 
 13. An applicant shall, at the 
 
 License fees, time of filing his application for a 
 
 license, pay to the Commission a 
 
 license fee as provided in the following schedule: 
 
 NET SCHEDULE 
 
 For each minnow net, per lineal foot $0. 10 
 
 For each scoop, dip or scap net 10x10 feet 
 
 square and under 1 . 00 
 
 For each scoop, dip or scap net over 10x10 
 
 feet square 2 . 00 
 
Rules and Regulations. 133 
 
 For each fyke net 3 foot hoop and under .... $2 . 00 
 
 For each fyke net 5 foot hoop and over 3 feet 3 . 00 
 
 For each fyke net over 5 foot hoop 5 . 00 
 
 For each 4 foot trap net and under 3.00 
 
 For each 6 foot trap net and over 4 feet 5.00 
 
 For each 8 foot trap net and over 6 feet 7.f^0 
 
 For each trap net larger than 8 feet 10.00 
 
 For each ir.aoliine trap in the Xiagara River. 20.00 
 For each seine or gill net used only for taking 
 
 fish not protected by law, per lineal foot". . .13 
 For eacli seine or gill net used only for taking 
 
 fish protected by law, 2 cents per lineal foot. 
 
 No license issued for less than $5.00 and tb^ 
 
 maximum fee for such licenses will be.... 15.00 
 
 For each sturgeon line 1 . 00 
 
 For each set -line 500 feet in length, 360 hooks 
 
 to each line 1 . 00 
 
 For each eel pot 3.00 
 
 For each eel \vc;r and trap attached thereto. , 20.00 
 
 For each stake net per 100 lineal feet 3 . 00 
 
 In the waters of Lake Erie and Lake Ontario the 
 following fees shall apply; outside of the mile and 
 half mile limit as provided in section 276 of the 
 Conservation Law: 
 
 For each fyke net $10 . 00 
 
 For each trap net 15.00 
 
 For each row or sail boat used in fishing gill 
 
 nets 10 . 00 
 
134 Rules aiid Regulations. 
 
 For eacli boat of any other kind under 10 tons 
 
 gross tonnage so used $20 . 00 
 
 For each boat of any other kind from 10 to 
 
 15 tons gross tonnage so used 25.00 
 
 "For each boat of any other kind from 15 to 
 
 20 ton gross tonnage so used 30. 00 
 
 For each boat of any other kind over 20 tons 
 
 gross-tonnage so used $1.50 per ton. 
 
 Size of eel ^^' "^^^ P^^^ must not be more than 
 
 , 6 feet long, nor more than 12 inches 
 
 square, if in square form. The aper- 
 ture or mouth of any eel pot shall be not more than 
 IV2 inches in its greatest diameter. There shall 
 be no fixtures or wings of any kind attached to 
 or used in connection with eel pots. 
 
 c- p f ppI ^^' ^^^ ^^^^ purposes of these rules 
 
 an eel weir shall consist of not to 
 weirs. 
 
 exceed two wings or leaders fastened 
 
 to an eel trap; no eel trap shall have attaclied 
 
 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 prohibited. 
 
 16. Eeel weirs and eel pots shall not be constructed, 
 
 set 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 %yhich are less than 1 inch apart, is prohibited. 
 
 ' Each eel weir or eel pot shall have attached thereto 
 
Rules and Regulations. 135 
 
 a tag, issued by the Commission, upon which shall 
 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 tran ^^' ^^^^ ^^^^^ °^ *^^P lines to take 
 lines to take st^'^o^on shall not exceed 1,200 feet in 
 stureeon. length and the bait lines sh1?lll use 
 Number 8-0 hooks set not less than 
 two feet apart and be anchored on the bottom; trap 
 lines shall use Number 10-0 hooks, set not less than 
 six inches apart and be anchored not over three feet 
 from the bottom. Each bait 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 Com- 
 mission, upon which shall be stamped a number cor- 
 responding with the number on the license. 
 [As amended Feb. 24, 1914.] 
 
 Set lines ^^* ^^^ lines other than sturgeon 
 
 lines shall not be more than 500 feet 
 in length nor contain more than 300 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 men- 
 tioned in section 254 of the Conservation I>aw shall 
 be taken with such lines. 
 
136 Rules and Regulations. 
 
 II. 
 TAKING MINNOWS FOR BAIT FOR SALE. 
 
 ■o ^ 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, B'lack bass, maskalonge, white fish, pickerel, 
 pike, pike-perch, lake trout, striped bass, yellow 
 perch, shad 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. 
 
 III. 
 
 BUYING AND SELLING TROUT ARTIFICIALLY 
 PROPAGATED. 
 
 - , 21. The Commission will lease to 
 
 , . each applicant to whom a permit is 
 
 , . issued to engage in the business of 
 
 device 
 
 , , . 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 ap- 
 plicant shall pay to the Commission as and for rental 
 of said machine for the first year the sum of sixty- 
 five dollars, in advance, and the sum of one dollar 
 
Rules and Regulations. 137 
 
 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. 
 
 rr. J 22. The Commission will furnish to 
 
 Tags and •, • • 
 
 , each person to whom a permit is is- 
 
 sued metallic tags inscribed with the 
 letters " N. Y. S. C C." Each applicant shall pay 
 to the Commission for said tags the sum of one cent 
 each. Only tags so furnished shall be used; no tag 
 shall be used more than once. 
 [As amended June 28, 1916.] 
 Sale of 23. Artificially propagated trout 
 
 trout. ^0^ ^^^'^ tliau 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 
 by the Commission and not otherwise. 
 
 Marking ^^' 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 
 
 number of pounds and kind o£ trout contained 
 
 therein, together with the name and address of the 
 
138 Rules and Regulations. 
 
 consignee and the consignor, the initial point of bill- 
 ing and the point of destination. 
 
 Right to have ^^' ^^^ P^^^^^ ^^^ ^^^' ^^^^ °' 
 troi t for h^^6 ill possession for sale for use 
 
 consumption. ^' ^^^^ ^* ^"^ "^^"^" °^ *^^ y^^"' * 
 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 de- 
 stroyed, 
 
 RpTJortq ^^' -^^^^y person receiving a permit 
 
 as aforesaid, to propagate and keep 
 trout, shall make a written report to the Commission 
 on or before December thirty-first of each year, stat- 
 ing the number and variety of trout sold or ex- 
 changed, or given away for use as food, or for propa- 
 gation or exhibition during the preceding year. 
 
 IV. 
 
 PROPAGATION AND SALE OF FUR-B£ARING 
 
 ANIMALS. 
 T. , 27. Each application for a license to 
 
 engage in the business of propagation 
 and sale of fur-bearing animals shall be accompanied 
 by a satisfactory bond to the People of the State in 
 the penal sum of five hundred dollars, conditioned that 
 the applicant will not keep such fur-bearing animals 
 which are taken wild during the close season for such 
 fur-bearing animals and will not dispose of such fur- 
 
Rules and Regulations. 139 
 
 bearing animals in any way during the close season; 
 that he will observe all of the prohibitions, restric- 
 tions and conditions imposed by the terms of the li- 
 cense to be issued and the provisions of section 200 of 
 the Conservation Law. 
 
 28. If said bond is approved, and 
 Approval of upon paj^ment to it of a fee of five 
 
 bond, and fee. dollars, the Commission shall issue to 
 the applicant a license permitting him 
 to keep fur-bearing animals under the provisions of 
 said section for one year from a time therein stated, 
 but no such license shall be issued to take eifect dur- 
 ing the close season. 
 
 P , r In order to authorize the continu- 
 
 ,. ance of such licenses thereafter, the 
 
 license. 
 
 licensee shall renew said bond annu- 
 ally, and the fee for renewal of license shall be five 
 dollars. 
 
 29. No person purchasing fur-bear- 
 • ing animals from such licensee shall 
 
 have them in possession during the close season, 
 even though purchased during the open season, un- 
 less such person shall have a license under section 
 200 of the Conservation Law. 
 
 Penalty ^^' ^"^ person violating the pro- 
 
 visions of such bond, any rule or 
 regulation of the Commission or any of the provi- 
 sions of section 200 of the Conservation Law shall 
 forfeit his license and shall be denied the privilege 
 of giving another bond. 
 [As amended April 27. 1914.1 
 
140 Rules and Regulations. 
 
 V. 
 POSSESSION OF VENISON. 
 
 AppUcation. ^^' 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 20. 
 
 The applicant shall at the time of filing his appli- 
 cation for a license pay to the Commission a license 
 fee of one dollar, 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 for consumption and not other- 
 wise, from November 21 to February 1, both inclu- 
 sive, 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 before November 24th 
 of the same year; the tags shall be fastened and 
 locked to each quarter and the coupon attached to 
 said deer on or before November 24th next succeed- 
 ing the date of killing. 
 
 [As amended Nov. 20, 1013, and April 1, 1914 and June 
 20, 1916.] 
 
Rules and Regulations. 141 
 
 VI 
 
 , ... 32. An importation license, pursuant 
 
 ,. to the provisions of section 178, 
 
 license. 
 
 subdivision 4, of the Conservation 
 
 Law, may be issued upon application at any time. 
 
 Such license shall expire on the thirty-first day of 
 
 December following the date of issue. A fee of on« 
 
 dollar ($1.00) shall be charged for such license. 
 
 Adopted June 23, 1916. 
 
 VII 
 
 33. Black and mallard ducka 
 Regulations raised under a breeders' license pur- 
 with respect suant to the provisions of section 
 to the sale of 372 of the Conservation Law and 
 domesticated killed by shooting during the open 
 black and season for wild waterfowl may be 
 mallard ducks sold at any time, provided permis- 
 killed by sion in writing so to do shall first 
 shooting. have been obtained from the Com- 
 mission, and further provided: 
 (1) That said black and mallard ducks shall 
 have been marked or tagged by a representative of 
 the Commission before being killed. The marks or 
 tags used are to be furnished by the Commission 
 at a charge of one cent each. 
 
 (2) That said black and mallard ducks be also 
 tagged pursuant to the provisions of said section 
 372, subdivision 3, thereof, during the said open sea- 
 son for wild waterfowl. 
 Adopted June 23, 1916. 
 
142 Rules and Regulations. 
 
 A^ ;!•« - 34. The Conservation Commission 
 
 Amending or , , , 
 
 „, ,^ X. reserves the riffht to alter, amend, or 
 
 abrogating n r ^i r 
 
 J 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 shall be construed as compelling the 
 issuing of a license to any person nor to prevent the 
 revoking of such license at any time. 
 
 p ,,. 35. Any person who shall violate 
 
 any of these rules shall be subject 
 to the penalties imposed by provisions of the Con- 
 servation Law in relation to fish and game. 
 
 „ , .. No license or permit issued by the 
 
 Construction. , . . , . , 
 
 Commission under Article 5 of the 
 
 Conservation Law shall be deemed to auiliorize 
 
 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. 
 
UNITED STATES STATUTES, 
 
 FEDERAL LAWS REGULATING INTERSTATE 
 COMMERCE IN GAME. 
 
 THE LACEY ACT. 
 
 Ch. 553. — AN ACT to enlarge the powers of the 
 department of agriculture, prohibit the transporta- 
 tion by interstate commerQe of game killed in vio- 
 lation of local laws, and for other purposes. (31 
 Stat., 187.) 
 
 Be it enacted hy the Sen<ite and House of Repre- 
 sentatives 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 
 [143] 
 
144 United States Statutes. 
 
 in those parts of the United States adapted thereto 
 where 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 1909 
 of the United States. 
 
 § 3.,, Repealed by chapter 321 of the Laws of 1909 
 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 nny wild game animals, or game 
 or song birds transported into any 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 
 exercise of its police powers, to the same extent and 
 in the same manner as though such animals and 
 
United States Statutes. 145 
 
 birds had been produced in such 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. 
 
 Ch. 231. — AN ACT to codify, revise and amend the 
 penal laws of the United States. (35 Stat., 
 1137.) 
 
 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 sec- 
 tions, 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 Eng- 
 lish 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. 
 
1.1(5 United Slalc.H Slatutca. 
 
 No ju'iHon whall import into the United StuteH or 
 into any territory or dintriet thereof, any foreij^ni 
 wild animal or bird, except under wpecial permit 
 Iroin the secretary of uf^riculture: J'rovided, That 
 iiotliinf^ in tliiH Hectioti Hhail rcHtrict the importation 
 ol natural liintory HpccirrnMiH for muHeuniH or wcientific 
 collcctioiiH, or of certain iHfri> bjrdH, Hxw.h an (iom<'Hti- 
 cntcd canaricH, j)airotH, or HU<'ii otlu'i- hirdw hh Mio 
 bccrctaiy of uj^ricultiirc may <l('Higiiii(<-. 
 
 Tin- H(!cretary of the tn-aKwry in iiereliy autiiorized 
 to iniik(^ rej^MihitionH for ciirryinj^ into circict tiie pro- 
 visioiiH of tlTiH Hcction. 
 
 § 212. It Hhall he unhiwfiil for any jx-rHon to de- 
 liver to any coniMioii carrier iOr tranHpoi'tation, or 
 for any common carrier to tratmport from any ntatc, 
 territory, or diHtrict of tin^ Unitcid StatcH, to any 
 other state, t<'rritory, or dintrict thttrcof, any forei^ni 
 animalH or hirdn, the importation of which in pro- 
 hil)i(<Ml, or the (h'ad hodicH or j)artH tlu'reof of any 
 \\il(l animalH or l)ir<lH, where Hnch aiiimalH or birds 
 have been kiUed or Hhipped in viohilion of the lawn 
 of the, Htate, terriloi y, or diMliicI in whic-h tlie Hanio 
 uere kilh'd, or Iroiii which (licy \\ei«' shipped: Pro- 
 vidfd, 'that 7iothing herein shall prevcjit the trajiH- 
 jKulation of any (U'ad birds or animals kiUcd duririjj 
 <h<^ seanon when th(^ same may b(^ lawfully captured, 
 and the exp»)rt of which is not jnohibitcd by law 
 in lh(! state, territoiy, oi' district in wliich th<^ samo 
 are captured or killed: I'nnndrd furlhrr, That noth- 
 ing herein nhall prevent the importation, transporta- 
 
United States Statutes. 147 
 
 tion, or sale of birds or bird plumage manufactured 
 from the feathers of barnyard fowls. 
 
 § 243. All packaj^es containing the dead bodies, or 
 the plumage, or parts theraof, of game animals, or 
 game or other wild birds, wlien shipped in inter- 
 fltate or foreign commerce, shall be plainly and 
 clearly marked, so that the name and addn-ss 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 precoding, the ship- 
 per shall be fined not more than two hundred dol- 
 lars; the consignee knowingly receiving such articles 
 BO 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- 
 porting the same in violation of said sections shall 
 be fined not more than two hundred dollars. 
 
 The above sections 241, 242, 24.3, 244 take the 
 place of sections 2, 3 and 4 of the Lacey Act. 
 
 FEDERAL LAW FOR THE PROTECTION OP 
 MIGRATORY BIRDS. 
 
 [37 Stat., 847.] 
 
 [Extract from an Act making appropriations for the 
 Department of Agriculture for the fiscal year 
 ending June 30, 1914.] 
 
 Be it enacted hy the Senate and TJouse of Repre- 
 sentatives of tite United States of America in Con- 
 
148 United States Statutes. 
 
 gress assembled, All wild geese, wild swans, brant, 
 wild ducks, snipe, plover, woodcock, rail, wild pigeons, 
 and all other migratory game and insectivorous birds 
 wliich in their northern and southern migrations pass 
 tlirough or do not remain permanently the entire 
 year within the borders of any State or Territory, 
 shall hereafter be deemed to be within the custody 
 and protection of the Government of the United 
 States, and shall not be destroyed or taken contrary 
 to regulations hereinafter provided therefor. 
 
 The Department of Agriculture is hereby autlior- 
 ized and directed to adopt suitable regulations to 
 give effect to the previous paragraph by prescribing 
 and fixing closed seasons, having due regard to the 
 zones of temperature, breeding habits, and times and 
 line of migratory flight, theicby enabling the de- 
 partment to select and designate suitable districts 
 foi- different portions of the country, and it shall be 
 unlawful to shoot or by any device kill or seize and 
 capture migratory birds within the protection of 
 this law during said closed seasons, and any person 
 who shall violate any of the provisions or regula- 
 tions of this law for the protection of migratory 
 birds shall be guilty of a misdemeanor and shall 
 be fined not more than $100 or imprisoned not more 
 than ninety days, or both, in the discretion of the 
 court. 
 
 The Department of Agriculture, after the prepara- 
 tion of said regulations, shall cause the same to be 
 made public, and shall allow a period of three 
 
United States Statutes. 149 
 
 months in which said regulations may be examined 
 and considered before final adoption, permitting, 
 when deemed proper, public hearings thereon, and 
 after final adoption shall cause the same to be en- 
 grossed and submitted to the President of the 
 United States for approval: Provided, however, That 
 nothing herein contained shall be deemed to afTect 
 or interfere with the local laws of the States and 
 Territories for the protection of nonmigratory game 
 or other birds resident and breeding within their 
 borders, nor to prevent the States and Territories 
 from enacting laws and regulations to promote and 
 render efficient the regulations of the Department of 
 Agriculture provided under this statute. > 
 
 9******9% 
 
 Approved, March 4, 1913. 
 
PLUMAGE PROVISION IN THE TARIFF 
 ACT OF 1913. 
 
 [38 Stat., 148, 155.] 
 
 Ch. 16. — AN ACT to reduce tariff duties and to pro- 
 vide revenue for the Government, and for other 
 purposes. 
 
 Paragraph 347. Feathers and downs, on the skin 
 or otherwise, crude or not dressed, colored, or other- 
 wise advanced or manufactured in any manner, not 
 specially provided for in this section, 20 per centum 
 ad valorem; when dressed, colored, or otherwise ad- 
 vanced or manufactured in any manner, and not 
 suitable for use as millinery ornaments, including 
 quilts of down and manufactures of down, 40 per 
 centum ad valorem; artilicial or ornamental feathers 
 suitable for use as millinery ornaments, artificial and 
 ornamental fruits, grains, leaves, flowers, and stems 
 or i^firts thereof, of whatever material composed, not 
 specially provided for in this section, 60 per centum 
 ad valorem; boas, boutonnieres, wreaths, and all 
 articles not specially provided for in this section, 
 composed wholly or in chief value of any of the 
 feathers, flowers, leaves, or other material herein 
 mentioned, 60 per centum ad valorem: Provided, 
 [150] 
 
IPlumage Provision in the Tariff Act of 1913. 15] 
 
 That the importation of aigrettes, egret plumes or 
 so-called osprey plumes, and the feathers,^ quills, 
 heads, wings, tails, skins, or parts of skins, of wild 
 birds, either raw or manufactured, and not for scien- 
 tific or educational purposes, is hereby prohibited; 
 but this provision shall not apply to the feathers or 
 plumes of ostriches, or to the feathers or plumes of 
 domestic fowls of any kind. 
 
 Paragraph 227. Venison, and other game, iVo cents 
 per pound; game birds, dressed, 30 per centum ad 
 valorem. 
 
 Free List: 
 
 Paragraph 478. Eggs of poultry, birds, fish, and 
 insects (except fish roe preserved for food purposes): 
 Provided, however, That the importation of eggs of 
 game birds or eggs not used for food, except speci- 
 mens for scientific collections, is prohibited: Pro- 
 vided further, That the importation of eggs of game 
 birds for purposes of propagation is hereby author- 
 ized, under rules and regulations to be prescribed by 
 the Secretary of the Treasury. 
 
 Paragraph 416. Birds and land and water fowls, 
 not specially provided for in this section. 
 
MIGRATORY BIRD LAW. 
 
 Differences between Federal Migratory Bird Regula- 
 tions and New York State Conservation Law. 
 The open season for waterfowl, including geese, 
 brant, swan and river and sea ducks (anatidae) in 
 this State is: 
 
 (a) By Federal regulation, September 16 to Decem- 
 
 ber 31 inc. 
 Exception: Long Island, October 1 to January 
 15, inc. 
 Woodduck and swan, no open season until Sep- 
 tember 1, 1918. 
 
 (b) By New York statute, September 16 to January 
 
 10 inc. 
 Exception : Long Island, October ] to January 
 10 inc. 
 Woodduck and swan, no open season. 
 The open seasons for rails, American coots, mud 
 hens and gallinules (rallidae) in this State are: 
 (a) By Federal regulation: 
 
 1. Coots and gallinules, September 16 to De- 
 
 cember 31 inc. 
 Exception: Long Island, October 1 to 
 January 15 inc. 
 
 2. Sora and other rails, (excluding coots and 
 
 gallinules), September 1 to November 30 
 inc. 
 
 [152] 
 
Migratory Bird Law. 153" 
 
 (b) By New York State statute: 
 
 1. Rails, American coots, mud hens and gal- 
 linules, September 16 to December 31 
 inc. 
 The open season for shore birds (limicolae) in. 
 this State is: 
 
 (a) By Federal regulation: 
 
 1. Woodcock, October 1 to November 30 inc. 
 
 2. Black-breasted and golden plover and greater 
 
 and lesser yellow legs, August 16 to 
 November 30 inc. 
 
 3. Jack snipe or Wilson snipe, September 16 
 
 to December 15 inc. 
 
 4. Curlew and other shore birds not specifi- 
 
 cally mentioned above, no open season 
 until September 1, 1918. 
 
 (b) 1. Woodcock, October 1 to November 15 inc. 
 
 Exception: Long Island, October 15 to 
 November 30 inc. 
 2. Shore birds: snipe, plover, surf birds, sand- 
 pipers, tatlers and curlews, September 
 16 to November 30 inc. 
 Exception: Long Island, August 1 to 
 November 30 inc. 
 Note: Federal regulations are subject to change- 
 subsequent to date of this publication. 
 
'PART II. 
 
 COURT PROCEDURE. 
 
 UNDER THE 
 
 CONSERVATION LAW, AS AMENDED BY 
 CHAPTER 444, LAWS OF 1912. 
 
 § 26. Actions for penalties. Actions for penalties 
 for violations of any provision of this chapter shall 
 be in the name of the " People of tlie State of New 
 York; " and must be brought on the order of the 
 commission, and may be compromised, settled and 
 discontinued as provided in section nine of this 
 chapter. Such actions, if in justices' courts, 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 which 
 the defendant resides. 
 
 § 27. Costs in actions by the people. In case of 
 recovery of any amount in an action brought for a 
 penalty under this chapter or in any action author- 
 ized by this chapter, in any court of record the 
 people siiall be entitled to recover full costs, of 
 course, and at the rates as provided for by section 
 (151J 
 
Court Procedure. 155 
 
 .thirty-two hundred and fifty-one of the code of civil 
 procedure, together with witnesses' fees and other 
 disbursements. 
 
 [As amended by chapter 554, Laws of 1015.] 
 
 § 28. Judgments; how enforced. Judgments re- 
 covered under this chapter may be enforced by exe- 
 cution 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 liber- 
 ties 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. No 
 . person shall be imprisoned more than once, or for 
 more than six months on the same judgment. Im- 
 prisonment shall not operate to satisfy a judgment. 
 
 § 29. Proceeds of actions under article; five — 
 moieties. Moneys received in an action for a penalty 
 brought imder article five of this chapter, or upon 
 the settlement or compromise thereof, and fines for 
 violations of any of the provisions of said article 
 shall be paid within thirty days after the receipt 
 thereof to the commission. The commission shall 
 apply so much thereof as may be necessary to the 
 payment of the expenses of collection and shall pay 
 one-half of the balance, in cases brought by special 
 game protectors, to the special game protector upon 
 whose information the action was brought. Regular 
 protectors shall not receive moieties. The commis- 
 sion in its discretion may settle or compromise any 
 action to recover any penalty provided for in said 
 
156 Court Procedure. 
 
 articles, or a cause of action therefor, at such sum . 
 as it may deem advantageous to the state. The com- 
 mission may, out of moneys arising from such fines 
 or penalties, pay the fees of magistrates and con- 
 stables for services performed in criminal actions 
 brought upon information of a game protector, dis- 
 trict forest ranger, forest ranger or firewarden. 
 [As amended by chapter 521, Laws of 1916.] 
 
 § 30. Proceeds of actions under article four. 
 Moneys received in actions for penalties brought 
 under article four of this chapter shall be paid to 
 the commission, who shall apply so much thereof as 
 may be necessary to the payment of the expenses 
 of collections. The balance of such receipts shall be 
 available for enforcing the various provisions of law 
 for the protection of forests against fire. 
 
 § 31. Jurisdiction of courts in criminal cases. Sub- 
 ject to the power of removal provided in the code of 
 criminal procedure, courts of special sessions and 
 police courts shall have, in the first instance, juris- 
 diction of offenses committed under this chapter, 
 within their respective counties. A warrant shall be 
 returnable before the magistrate issuing the same. 
 And, for the purpose of this chapter only, the juris- 
 diction of the courts mentioned in this section is ex- 
 tended as to misdemeanors to permit the imposition 
 of the fines and sentences authorized by this chapter. 
 
 § 32. Punishment for misdemeanor. A person con- 
 victed of a misdemeanor under this chapter, except 
 
Court Procedure. 157 
 
 as otherwise provided herein, shall be punished by 
 a line of not less than ten dollars nor more than one 
 hniidred doUars; and if such fine is not paid, he 
 shall be imprisoned in a county jail or penitentiary 
 until such fine is satisfied; which imprisonment shall 
 be at the rate of one day for every dollar of such 
 fine; if any person be convicted a second time of ai 
 misdemeanor under this chapter, except as otherwise 
 provided herein, he shall be punished either by a fine 
 of not less than twenty-five dollars nor more than 
 one hundred and fifty dollars; or by imprisonment 
 in a county jail or penitentiary for not more than 
 one hundred days, or by both such fine and imprison- 
 ment; if a fine imposed be not paid, he shall be 
 imprisoned in a county jail or penitentiary until 
 such fine is satisfied, which imprisonment shall be at 
 the rate of one day for every dollar of such fine; 
 if a person shall be convicted a third time of a mis- 
 demeanor under this chapter, unless otherwise pro- 
 vided herein, he shall be punished by imprisonment 
 in a county jail or penitentiary for not less than ten 
 days nor more than six months; and by a fine ot 
 not less than ten dollars nor more than one hundred 
 dollars; and if the fine imposed be not paid, he shall 
 be imprisoned in a county jail or penitentiary until 
 such fine is satisfied; which imprisonment shall be 
 at the rate of one day for every dollar of such fine 
 and shall be in addition to the prison sentence. 
 
 [As amended by chap. 92, Laws of 1914, and chap. 521, 
 Laws of 1916.] 
 
158 Court Procedure. 
 
 § 33. Rules and regulations; violations of, a mis- 
 demeanor. Rules and regulations established by the 
 commission for the enforcement of the provisions of 
 article four of this chapter shall be entered by the 
 commission in its book of minutes and at least three 
 copies thereof posted in public places in the towns 
 in which such rules and regulations apply, at least 
 thirty days before the same shall take effect. 
 
 Any person who violates any provision of any rule 
 or regulation so established by the commission, pur- 
 suant to the provisions of this section shall be guilty 
 of a misdemeanor and shall, upon conviction, be sub- 
 ject to. a fine of not to exceed one hundred dollars or 
 imprisonment for not more than thirty days or by 
 both such fine and imprisonment. 
 
 § 34. Search warrants; when issued. Any justice 
 of the peace, police justice, county jiidge, judge of a 
 city court or magistrate having criminal jurisdiction 
 shall, if it appear probable that fish, birds, or game 
 taken or possessed contrary to the provisions of 
 article five of this chapter are concealed, issue a 
 search warrant for the discovery thereof, in accord- 
 ance with the practice provided in title two of part 
 six of the eode of criminal procedure, so far as the 
 same are applicable thereto. 
 
 § 35. Witnesses 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 
 
Court Procedure. . 159 
 
 chapter, upon the ground that his testimony might 
 tend to convict him of a crime, or to subject him to 
 a penalty or forfeiture. But no person shall be pros- 
 ecuted, punished or subjected to any penalty or for- 
 feiture for or on account of any act, transaction, 
 matter or thing concerning which he shall, under 
 oath, have testified or produced documentary evidence, 
 and no testimony so given or produced shall be re- 
 ceived against him upon any criminal investigation 
 or proceeding; provided, however, that no person so 
 testifying shall be exempt from prosecution or pun- 
 ishment for any perjury committed by him in his 
 testimony. Nothing herein contained is intended to 
 give, or shall be construed as in any manner giving, 
 unto any corporation, immunity of any kind. 
 
 § 36. Compromise of civil penalty before magis- 
 trate. Any regular or special game protector, fish- 
 eries protector, fire superintendent, forest ranger or 
 inspector, who chall charge a person with any viola- 
 tion under this chapter, may take such person before 
 any magistrate in the county where the violation 
 occurred, and thereupon such person may, upon the 
 consent of the representative of the conservation 
 commission making the charge, compromise and settle 
 his liability for civil penalties under this chapter, 
 for an amount agreed upon between said magistrate, 
 the representative of the commission and the person 
 charged with such violation, which amount shall not 
 be less than ten dollars nor more than the amount 
 for which such person would be liable in a civil 
 
160 Court Procedure. 
 
 action for penalties. If such compromise be made, 
 such person shall forthwith subscribe his name to a 
 statement setting forth concisely the facts constitut- 
 ing such violation, the amount agreed upon, and 
 that a judgment may be entered against him for that 
 sum. Upon said statement being sworn to before 
 and filed with said magistrate, he shall forthwith 
 enter in his civil docket a record of the proceedings 
 and the amount of the judgment. 
 
 Said justice shall upon the entry of such judgment 
 be entitled to a fee of one dollar to be paid by the 
 person charged with such violation. 
 
 A judgment entered as provided herein may be 
 enforced by an execution against the property^ of the 
 defendant; but no body execution shall issue thereon. 
 Such judgment shall be a bar to a criminal action 
 ^or the same violation, if satisfied within thirty days 
 :from the date of the entry thereof. 
 
 X Added by chap. 521, Laws of 1916.] 
 
GENERAL REGULATIONS COVERING 
 THE USE OF STATE LANDS. 
 
 The following rules and regulations are of general 
 application to the State land under the jurisdiction 
 of the Conservation Commission, and are to govern 
 all of those who make use of this land. Regulations 
 of special or local application may be adopted from 
 time to time: 
 
 1. No fires except for cooking, warmth or smudge 
 purposes are permitted. Xo fire shall be lighted 
 until all inflammable material is removed to prevent 
 its spread. 
 
 2. Lighted matches, cigars, or cigarettes or burn- 
 ing tobacco must not be deposited or left where they 
 may cause fires. 
 
 3. No official sign posted or structure maintained 
 tinder permit shall be defaced. Peeling of bark or 
 Injuring trees is prohibited. Dead or down wood 
 may be used for fuel by temporary campers. 
 
 4. Camps and adjacent grounds must be main- 
 tained in a clean and sanitary condition. Garbage 
 and refuse must be either buried, removed or burned. 
 Waste materials must not be thrown into the waters, 
 or waters polluted. 
 
 5. Each camper on islands of Lake George, St. 
 Lawrence Reservation or other much frequented 
 
 6 [161] 
 
162 information KelaUng to Lands and Forests 
 
 places, must provide a plentiful supply of chloride 
 of lime and dirt, for disinfecting and covering 
 any latrine used by him. All latrines must be 
 cleaned and the contents burned or buried at fre- 
 quent intervals, in such manner as to prevent offen- 
 sive odors, and above all to AVOID POLLUTION 
 OF THE WATER SUPPLY. 
 
 6. Canvas tents vrithout platforms for use during 
 short periods may be placed without a permit, but 
 not in a trail or within 150 feet of any spring \i>3ed 
 for water supply. 
 
 7. No tents (except those described under rule 6) 
 or wooden structures shall be erected, or maintained, 
 except under written permission. Tar paper shall 
 not be used, except for roofs of open camps erected 
 under a permit. Structures erected under { a ) , ( b ) 
 or (c) become the property of the State. The struc- 
 tures for which permits may be granted are as 
 follows : 
 
 (a) Open camps for transient use not to be occu- 
 pied by the same person or persons more than three 
 nights in succession or more than ten nights in any 
 year. 
 
 (b) Open camps for use of campers, himters or 
 fishermen may be occupied for reasonable periods. 
 
 (c) Permanent tent platforms |or summer camp- 
 ing purposes. Permit granted to use while occupied 
 in good faith. Platform to be left for future use. 
 When not in use permits may be given others to use. 
 
Information Relating to Lands and Forests iq^ 
 
 (d) Temporary tent platforms for summer camp- 
 ing. The platform to be erected and removed simul- 
 taneously with the tent. 
 
 (e) Portable canvas houses for summer camping. 
 
 8. No one may claim any particular site from year 
 to year or the exclusive use of the same. 
 
 9. The use of the forest preserve or the improve- 
 ments thereon for private revenue or commercial 
 purposes is prohibited. 
 
 10. Any unoccupied tent or structure may be 
 removed by the Commission. 
 
 11. At St. Lawrence Reservation, where fireplaces 
 are provided, fires must not be kindled elsewhere, 
 nor shall tents on these islands be pitched less than 
 200 feet from any public fireplace or boat landing. 
 
 12. No boat is entitled to the exclusive use of any 
 dock built by the State. There must be free access 
 for boats at all times. 
 
 13. Dancing in any building erected by the State 
 is prohibited. 
 
 14. All campers will be held responsible for com- 
 pliance with these rules, and any person responsible 
 for injury of State property will be held liable for 
 damages and penalties. 
 
CONSERVATION LAW. 
 
 INDEX TO PART I — FISH AND GAME. 
 
 A. Sec. Page. 
 Additional protection. (See Fish; Game.) 
 
 orders 125 
 
 Aliens. (See Licenses.) 
 
 Allegany county, pheasants, additional protection 125 
 
 American coots, open season, limit of take 213 48 
 
 Anatidae. (See Birds.) 
 
 Angling, defined 380 121 
 
 Animals, importation, federal regulations 143 
 
 scientific collections, importation for 144 
 
 transportation, federal regulations 144 
 
 Antelope, no open season 194 42 
 
 transportation and possession when killed in 
 
 private park 194 42 
 
 Antwerp pigeons, interference with prohibited 218 51 
 
 Application of article V 381 123 
 
 Article V, application 381 123 
 
 construction 382 124 
 
 Attorney-general, protectors, to defend suits against. 173 21 
 
 Automobile, game not to be taken from 222a 53 
 
 Bacteriologist, sanitary inspection of shellfi&h 
 
 grounds; report 310 S9 
 
 Bait lines, regulations when used for taking sturgeon . ... 135 
 
 Banded pickerel, terms pickerel and pike include. . . . 380 121 
 
 Bass. (See Otsego whitefish.) 
 
 black, additional protection in Lake Erie and 
 
 Niagara river 125 
 
 [1651 
 
1G6 Index — Fish and Game. 
 
 Bass — Continued: Sec. Paqb. 
 black, additional protection in Schroon and 
 
 Paradox Lakes 126 
 
 additional protection in waters of towns of 
 Chester, Horicon and Johnstnirg, Warren 
 
 county 126 
 
 Chaumont bay, not to be taken with nets in . 278 72 
 Lakes Erie and Ontario, not to be taken 
 
 »-itb nets in 276 71 
 
 op>en season in Lake George 241-a 60 
 
 open season; sixe of catch 231 55 
 
 spawn, taking from beds prohibited 243 61 
 
 spawning, disturbing prohibited 2-13 61 
 
 striped, nets, taking with permitted 240-271 60-69 
 
 sa'e 240 60 
 
 aiae limit 240 60 
 
 taken without the State, possession in closed 
 
 season regulated 370 109 
 
 Black bass, term includes Oswego ba^s 3S0 120 
 
 Beaver, power of Commission to acquire 157 13 
 
 taking, possessing, or molesting, prohibited 197 44 
 
 Biological stations, supervision of Conservation Com- 
 mission 150 7 
 
 Birds. (Se3 Game, names of individual birds.) 
 
 additional protection orders 125-127 
 
 anatidae defined 210 47 
 
 open peason, limit of take, manner of taking 211 47 
 
 bodies imported into State, subject to State laws . . . 144 
 
 eggs, license to collect or possess 159 13 
 
 federal laws 143-149 
 
 galUnae defined 210 47 
 
 open season, limit of take 214 49 
 
 game birds, defined 210 46 
 
 highways, not to be taken on 222 53 
 
 importation, federal regulations 143-149 
 
 imported, fees for tag'^ing 374 118 
 
 subject to S;ate laws . ... 143-149 
 
 injurious, importation prohibited 143-149 
 
Index — Fish and Game. Ii7 
 
 Birds — Continued: Sec. Page. 
 
 inseftivorou3, federal law for protection 143-149 
 
 lands used by municipality for water supply, not 
 
 to be taken on 222 53 
 
 license to col'ect or possess 159 13 
 
 limicolae, defined 210 47 
 
 open season; Limit of take 216 50 
 
 manner of taking 212 48 
 
 migratory, federal law for protection 147-149 
 
 differences between federal regul^itiocs and 
 
 State law 152, 153 
 
 nets prohibited 221 52 
 
 ownership in the State 175 22 
 
 plumage imported into State, subject to State 
 
 laws 143-149 
 
 plumage of birds protected, sale prohibited 219 51 
 
 plumage provisions on the tariff act of 1913 150 
 
 power of Commission to acquire 158 13 
 
 protection, enforcement of laws . . . ' 150 7 
 
 raUidae, defined 210 47 
 
 open season, limit of take 213 48 
 
 Bale of certain, prohibited 180 27 
 
 sale of plumage of birds protected, prohibited. . . 219 51 
 
 scientific collections, importation for 146 
 
 secretary of agriculture, duties 143-149 
 
 skins and bodies of birds protected 219 51 
 
 Sale prohibited, exception to 219 51 
 
 snares, prohibited 221 52 
 
 taking, method of, restricted 177 23 
 
 transportation, federal regulations , 143-149 
 
 traps, prohibited 221 52 
 
 upland game birds, open season; limit of take. . . 215 50 
 water fowl, open season, limit of take, manner of 
 
 taking 211, 212 47,48 
 
 wild birds protected 219 51 
 
 certain not protected 219 61 
 
 Blue point oysters. (See Oysters.) 
 
 Blue pike perch, size, possession, sale 236 58 
 
iCS Index — Fish and Game. 
 
 Sec. Pa-qb. 
 Box turtle. (See Land turtles.) 
 
 Brant, federal law, for protection 143-149 
 
 open season; manner of taking 211, 212 47, 48 
 
 Breeding of game (see Deer; Ducks; Eik; Pheasants; 
 
 Skunk) 372 110-115 
 
 Brookhaven, free bay oyater lands exempt from fee 
 
 for sanitary inspection 312 91 
 
 Brook trout, term trout includes 380 120 
 
 Brown trout, term trout includes 380 120 
 
 Bui' frogs. (See Frogs.) 
 
 Bullheads. Lake George, open season 241-a 60 
 
 set and trap lines, taking with 254 65 
 
 spears and snatch hooks, taking with 255 66 
 
 tip-ups, taking with 253 65 
 
 Butterfield Lake, Jefferson county, pike and pike- 
 perch, additional protection to 128 
 
 C. 
 
 Caribou, rK> open season 194 42 
 
 transportation and possession when killed in 
 
 private park 194 42 
 
 Carp, placing in public waters and use of bAt, pro- 
 hibited - 250 64 
 
 set and trap lines, taking with 254 66 
 
 spears and snatch hooks, taking with 255 66 
 
 Cat^sh, set and trap hnes, taking with 254 66 
 
 spears and snatch hooks., taking witk 255 66 
 
 tip-ups, taking with 253 65 
 
 Cattaraugus county, pheasants, additional protection . . . 125 
 
 Chain pickerel, terms pickerel and pike include 380 121 
 
 Chaumont bay, use of nets in 278 72 
 
 Chautauqua county, pheasants, additional protec- 
 tion 125 
 
 Chester, town of, additional protection to black bass 
 
 in waters of 126 
 
 Chinese pheasants, term pheasants includes 380 121 
 
Index — Fish and Game. 169 
 
 Sec. Page. 
 City clerks. (See Licenses.) 
 
 Clams, beds protected 316 9-3 
 
 term shellfish includes 380 121 
 
 Clinton county, pheasants, additional protection 126 
 
 Close season, defined 380 119 
 
 Closes. (See Fish; Game.) 
 
 Commission. (See Conservation Commission.) 
 
 defined 380 119 
 
 Compilation of fish and game law, pubacation and 
 
 distribution 1 60 15 
 
 Coney Island Cceek, nets, size of mesh 331 101 
 
 Conservation Commission, defined 380 1J9 
 
 disposal, of game, fish and devices seized 154 11 
 
 duties in general 150 7 
 
 employees, terms of present not afl'eoted 382 124 
 
 fish, general powers and duties as to 150 7 
 
 game, general powers and duties as to 150 7 
 
 nets, licensing 270 69 
 
 powers in general 150 7 
 
 rules and regulations 128-142 
 
 amendment; abrogation; penalties; con- 
 struction 142 
 
 Constables, powers under fish and game law 172 21 
 
 Construction of article V 382 124 
 
 Court procedure 154-160 
 
 Crow, nests, destroying or robbing not prohibited . . . 220 52 
 
 not protected 219 51 
 
 Crow-blackbird, nests, destroying or robbing not 
 
 prohibited 220 52 
 
 not protected 219 51 
 
 Curlews, open season; limit of take 216, 217 51, 52 
 
 D. 
 
 Dams, construction, notice to be given Commission. . 290 75 
 
 construction of fishways in 291 75 
 
 Deer. (See Venison.^ 
 
170 Index — Fish and Game. 
 
 Deer — Continued: Sec. Page 
 
 breeding, license, revocation of license 372 110 
 
 manner of killing 372 111 
 
 preserves to be fenced 372 115 
 
 reports 372 114 
 
 tagging 372 112 
 
 Deerpark, open season in 192 40 
 
 devices, certain prohibited in taking 190 39 
 
 dogs not to be harbored in forests inhabited by 
 
 deer 193 41 
 
 use of in hunting, prohibited 190 39 
 
 European red, importation and sale of carcasses 
 
 regulated 373-377 115-118 
 
 fallow, importation and sale of carcasses 
 
 regulated 373-377 115-118 
 
 roebuck, importation and sale of carcasses, 
 
 regulated 377 118 
 
 ■vshitetail, importation and sale of carcasses, 
 
 regulated 377 118 
 
 imported, fees for tagging 374 116 
 
 Kmit of take 100 39 
 
 manner of taking .' . 190 39 
 
 open season . 190, 192 39, 40 
 
 in certain localities 192 40 
 
 possession, regulated 191 39 
 
 power of commission to acquire 157 13 
 
 reindeer, importation and sale of carcasses, regu- 
 lated 373 115 
 
 roebuck, importation and sale of carcasses, regu- 
 lated 373 115 
 
 Sullivan county, open season in certain towns. . 192 40 
 
 transportation 190 39 
 
 Ulster county, open season in certain towns. . . . 192 40 
 
 wild deer, term includes what 380 120 
 
 Definitions , 380 119-123 
 
 Delaware county, pheasants, additional protection 125 
 
 Delaware river, use of nets in 279 73 
 
 Dip nets, term nets includes 380 122 
 
Index — Fish and Game. 171 
 
 Sec. Page. 
 
 Dogfish, set and trap lines, taking with 264 66 
 
 soears and snatch hooks, taking with 255 66 
 
 Dogs, deer, use of in hunting, inohibited 190 39 
 
 to be licensed 193 41 
 
 possession in forests inhabited by deer or in 
 
 Adirondack park, prohibited 193 41 
 
 use of in taking birds and quadrupeds 177 23 
 
 Dredges. (See Shellfish.) 
 
 Ducks, breeding, license 372 1 10 
 
 federal law for protection 143-149 
 
 manner ot killing 372 111 
 
 manner of taking 211. 212 47, 48 
 
 open season 211. 212 47, 48 
 
 reports 372 114 
 
 tagging 372 112 
 
 mallard and black, importation and sale of car- 
 casses regulated 377 118 
 
 E. 
 
 Eel pots and weirs, fish taken to be returned to wa'oers. . . . 134 
 
 license for use 256 67 
 
 rules and regulations of Conservation Com- 
 mission 128-142 
 
 Eize and construction 134 
 
 tagging 134 
 
 use restricted 176 22 
 
 Eels, Jamaica bay, taking in, permitted with spear 
 
 or weir 330 101 
 
 set and trap lines, taking with 254 66 
 
 Bpears and snatch hooks, taking with 255 66 
 
 use of tip-ups in taking 253 65 
 
 Egyptian quail. (See Quail.) 
 
 Elk, acquisition by Conservation Commission 157 13 
 
 breeding, license; revocation of license 372 115 
 
 manner of killing 372 111 
 
 no open season 194 42 
 
 preserves to be fenced 372 115 
 
172 Index — Fish and Game. 
 
 Elk — Continued: Sec. Paqq 
 
 reports 372 114 
 
 tagging 372 112 
 
 transportation and possession when killed in 
 
 private park 194 42 
 
 American, inaportation and sale of carcasses 
 
 regulated 177 118 
 
 Enfor ement of law, powers of game nrotectors. . . . 169 18 
 
 English pheasants, tt/na p' easant includes 380 121 
 
 English ?parrow, importation prohibited 145 
 
 nests, destroying or robbing not prohibited 220 52 
 
 not protected 219 51 
 
 Essex county pheasants, additional protection 125 
 
 European black-game, importation and sale regu- 
 lated 373 113 
 
 European black plover. (See Plover.) 
 
 European red deer. (See Deer.) 
 
 European red-legged partridge. (See Partridge.) 
 
 Explosives, use or posv^ession in waters, shores or 
 
 islands, prohibited 245 82 
 
 EKportation of fish and game. (See Fish; Game; 
 names of individual fish and game.) 
 
 F. 
 
 Fallow deer. (See Deer.) 
 
 Far Rockaway bay, use of nets regulated 332 102 
 
 Federal statutes 143-151 
 
 Federal regulations, migratory birds; difference be- 
 tween, and State laws 152-153 
 
 Ferrets. (See Hares and Rabbits.) 
 
 JFertilizer, licensing vessels taking fish for making 
 
 fertilizer 324 98 
 
 Fire Island inlet, use of nets regulated 327 100 
 
 Fish ©(See Fish Culturist; Fish Hatcheries; Fish- 
 ways; Hatchii^ Stations; Marine District; 
 Marine Fisheries; Marine Fisheries, Bureau 
 of; Private Lands and Ponds; Shellfish; 
 Supervisor of Marine Fisheries; Shellfish; 
 Names of Individual Fish.) 
 
Index — Fish and Game. 173 
 
 Fish — Continued: Sec. Paqh. 
 
 additional protection 152 8 
 
 notice of prohibition or regulation 152 8 
 
 ordera 125 
 
 power of commission to grant 152 9 
 
 closer 153 10 
 
 conservation commi88ion, general powers and 
 
 duties 150 7 
 
 devices for taking, use restricted 176 22 
 
 disposal when taken unintentionally in gill nets . ... 132 
 eggs not to be placed in pubUc waters inhabited 
 
 by trout ; exception 250 64 
 
 power of commission to purchase 156 12 
 
 explosives, taking by means of, prohibited 245 62 
 
 exportation, penalties 182 28 
 
 supervision of Conservation Commission. . 150 7 
 
 when lawfully salable 178 26 
 
 fertilizer, Ucense for vessels engaged in taking 
 
 fish to produce 324 98 
 
 unlawful to take for puri>ose of rendering into 324 98 
 
 hatcheries, taking fish from waters of, prohibited. 249 64 
 fishing boats, inspection and use of by employees 
 
 of Conservation Commission 281 74 
 
 food fish, not to be taken for purpose ©f render- 
 ing into oil or fertilizer 324 98 
 
 grappling hooks, taking by, regulated 255 66 
 
 importation, penalties for violations of provisions. 182 28 
 
 regulated 370 109 
 
 supervision of Conservation Commission. . 150 7 
 
 when lawfully salable 178 26 
 
 when not lawfully salable 178 25 
 
 imported, application of article V 381 123 
 
 Lake George, open seasons in 241-a 60 
 
 limit of take 176 22 
 
 Missisquoi bay, fish caught in not to be trans- 
 ported into this State 370 109 
 
 naked hooks, taking by, regulated 255 66 
 
 ^ Nassau county, power of sui>ervi3ors to regulate 
 
 taking 334 103 
 
174 Index — Fish and Game. 
 
 Fish — Continued: Sec. Pagb. 
 
 net licenses in certain waters 128 
 
 nets, taking with regulated 271 69 
 
 non-game, taking of 255 -a 67 
 
 non-resident vessels engaged in fishing with nets, 
 
 licensing 324 98 
 
 • obstructing streams prohibited; removal of ob- 
 struction 246 62 
 
 oil, license for vessels engaged in taking fish to 
 
 produce 324 93 
 
 unlawful to take for purpose of rendering 
 
 into '. 324 98 
 
 ownership in the State 175 22 
 
 pollution of streams prohibited 247 63 
 
 waters prohibited 325, 326 99 
 
 possession, penalties 182 28 
 
 restricted 176 22 
 
 when presumptive evidence of unlawful 
 
 taking 181 28 
 
 private lakes and ponds, fish protected 365 106 
 
 propagation, removal of fish hindering propaga- 
 tion 155 12 
 
 purposes, power of commission to take. . . . 155 12 
 
 protection, enforcement of laws 150 7 
 
 publication of laws relating to 160 15 
 
 Raritan bay, to be taken in by angling only .... 329 100 
 
 return to waters when taken in eel pots and weirs. ... 135 
 
 penalties ., 182 28 
 
 restricted 176 22 
 
 when for propagatio* purposes 179 27 
 
 ■eized, disposal of 154 11 
 
 Bet and trap lines, taking by 254 66 
 
 shipping permits 178 126 
 
 ■natch hooks, taking by, regulated 255 66 
 
 spearing, taking by, regulated »^ 255 65 
 
 storage in close season, Ucense, bond; regula- 
 tions 375 117 
 
Index — Fish and Game. 175 
 
 Fish — Continued: Sec. Paqh. 
 Suffolk county, power of supervisors to regulate 
 
 taldng 334 ^ 103 
 
 superintendent of inland fisheries 271 69 
 
 taken without the State, possession in closed 
 
 se son regulated 370 109 
 
 taking, penalties 182 28 
 
 restricted 176. 177 22, 23 
 
 by drawing off water, prohibited 249 64 
 
 in fshway prohibited 251 65 
 
 m rine district 128 
 
 Uirough ice in waters inhabited by trout, 
 
 pro ibited 252 65 
 
 term includes what 380 1 19 
 
 thumping pro'. ibited 244 62 
 
 tip-ups, use of regulated 253 65 
 
 transportation 178, 179 24-27 
 
 duties of common carriers 178 24 
 
 penalties 1S2 28 
 
 regulated ' 370 109 
 
 restricted 176 22 
 
 supervision cf conservation commission. ... 150 7 
 
 when for propagation purposes 179 27 
 
 when raised in private hatcheries 178 24 
 
 undersized, traffic in prohibited 177 23 
 
 Fish closes. (See Fish.) 
 
 Fish culturist, appointment 151 8 
 
 salary ; expenses 151 8 
 
 Fish hatcheries, diverting water used by, prohibited. 249 64 
 
 polluting waters used by, prohibited 248 63 
 
 taking fish from waters of, prohibited 249 64 
 
 FLshiug boats, inspection and use of by employees of 
 
 Conservation Commission 281 74 
 
 Fishways, dams, construction of f.shways in 291 75 
 
 dams notice of construction , . . . 290 75 
 
 taking fish near, prohibited 251 65 
 
 FlyiiVg foxes, importation prohibited 145 
 
 Franklin county, pheasants, additional protection 125 
 
176 Index — Fish and Game. 
 
 I 
 
 Sec. Pagb. 
 
 Frogs, open season 257 68 
 
 storage of 375 117 
 
 Fruit bats importation prohibited 145 
 
 Fur bearing animals, prop-tg.ition and sale of 200 45, 138 
 
 Fyke nets, term nets includes 380 122 
 
 G. 
 
 Gallinae. (See Birds.) 
 
 Gallinules, open season; limit of take 213 48 
 
 GamJ. (See Birds; Game Farms; Names of Indi- 
 vidual Animals and Birds.) 
 
 additional protection '. 152 8 
 
 hearings 152 8 
 
 notice of prohibition or regulation 152 9 
 
 orders 125 
 
 power of commission to grant 152 9 
 
 closes 153 10 
 
 conservation commis.sion, general powers and 
 
 duties 150 7 
 
 domestic game, term includes what 380 120 
 
 exportation, penalties 182 28 
 
 supervision of Conserv-ation Commission . . . 150 7 
 
 when lawfully salable 178 26 
 
 game protected by law, term includes what 380 120 
 
 highways, not to be taken on 222 53 
 
 imported, application of article V 381 123 
 
 fees for tagging ■ 374 116 
 
 game, term includes what 380 120 
 
 importation, penalties 182 28 
 
 supervision of Conser^^ation Commission.. 150 7 
 
 when lawfully salable 178 24 
 
 when not lawfully salable 178 25 
 
 lands used by municipality for water supply, not 
 
 be taken on 222 53 
 
 limit of take 176 22 
 
 ownership in the State / . . . . 175 22 
 
Index — Fish and Game. YJl 
 
 Game — Continued: Sec. Page. 
 
 possession, penalties 182 28 
 
 restricted 176 22 
 
 when presumptive evidence of unlawful tak- 
 ing rSl 28 
 
 private lands, not parks, game in protected. . . . 365 106 
 
 game protected 365 lOG 
 
 publication of laws relating to 160 15 
 
 refuges, State 366 lOG 
 
 penalties 182 28 
 
 restricted 176 22 
 
 when for propagation purposes 179 27 
 
 seized, disposal of ^ 1.54 1 1 
 
 shipping permits 178 26 
 
 taking, penalties 182 28 
 
 restricted 176. 177 22, 23 
 
 ternl includes what .380 119 
 
 transportation 178, 179 24-27 
 
 duties of common carriers 178 24 
 
 penalties 182 28 
 
 restricted 176 22 
 
 Bupervision of Conservation Commission . . . 150 7 
 
 when for propagation purposes 179 27 
 
 raised in private preserves 178 24 
 
 wild game, term, includes what 380 120 
 
 not to be taken from automobile 222a 53 
 
 Game closes. (See Game.) 
 
 Game farm?, supervision of Conservation Commission 150 7 
 
 Game law. (See Compilation of Fish and Game Law.) 
 
 Game protectors, bonds 167 17 
 
 chief game protector, report 170 20 
 
 compensation 168 17 
 
 di\dsion chief protectors, reports 170 20 
 
 number and designation 165 16 
 
 powers 169 IS 
 
 rating under civil service law 166 17 
 
 records of official acts 170 20 
 
 removal and suspension 166 17 
 
178 Index — Fish and Game. 
 
 Game protectors — Continued: Sec. Paqh. 
 
 reports 170 20 
 
 salaries and expenses, certification of 170 20 
 
 special game protectors, appointment and com- 
 pensation 171 20 
 
 suits against, Attorney-General to defend 173 21 
 
 Game refuges, State 366, 366a 106, 107 
 
 Garbage not to be thrown into parts of Long Island 
 
 sound 326 99 
 
 Gardiner bay, devices allowed for taking water fowl. . 212 4S 
 
 Geese, federal law for protecliu* 147-149 
 
 open season; manner of taking 211, 212 47, 4S 
 
 Gender, disregarded in construing thi%artic e 380 119 
 
 Genesee county, ruffed grouse, additional protection. . . . 126 
 
 Gill nets, term nets includes 380 122 
 
 Grappling hooks, taking lish by, regulated 255 06 
 
 use restricted 176 22 
 
 Grass pickerel, terms pickerel and pike include 380 121 
 
 Great horned owl, nests, destroying or robbing not 
 
 prohibited 220 52 
 
 not protected 219 51 
 
 Great northern pike. Lake George, open season 241-a 60 
 
 term pickerel includes 380 121 
 
 term pike includes 380 121 
 
 Great South b»y, devices allowed for taking water 
 
 fowl 212 48 
 
 Green frogs. (See Frogs.) 
 
 Grouse, Genesee county, additional protection 126 
 
 open sea-son, limit of take 214, 215 49, 50 
 
 Scotch, importation and sale regulated 373 115 
 
 taking with net, trap or snare, prohibited 221 52 
 
 term includes what 380 120 
 
 H. 
 
 Hares and rabbits, cotton tail, additional protection 
 
 in Richmond county 123 
 
 breeding of for food purposes. . . . '. 196 44 
 
 ferrets, use of prohibited ; 196 43 
 
Index — Fish and Game. 179 
 
 Hares and rabbits — Continued: Sec. Page. 
 
 Umit of take 196 43 
 
 open season . 
 
 196 43 
 
 owners or occupants of lands, taking by 196 43 
 
 sale regulated 196 43 
 
 Harlem river, use of nets prohibited 328 100 
 
 Hatching stations, supervision of Conservation Com- 
 mission 150 7 
 
 Hawk, nests, destroying or robbing not prohibited. . . 220 52 
 
 not protected 219 51 
 
 Health, State commissioner of, designation of sanitary 
 
 inspectors to inspect sheil sh grounds 311 90 
 
 Herkimer county, pheasants^ additional protection 125 
 
 Herring, nets, taking with permitted 271 00 
 
 Homing pigeons, interference with prohibited 218 51 
 
 Hooking, defined 380 121 
 
 Horicon, additional protection to black bass in waters 
 
 of town of 126 
 
 Hudson river, net regulations 280 73, 123 
 
 use of nets in 279 73 
 
 Hungarian dark-necked pheasants, term pheasants 
 
 includes 380 121 
 
 Hungarian or European grey legged partridge, no 
 
 open season 214 49 
 
 Hunting, defined 380 123 
 
 Hunting licenses. (See Licenses.) 
 
 I. 
 
 Icefish, Lake Champlain, taking in 241 60 
 
 nets, taking with permitted 271 G9 
 
 open season; size limit 241 60 
 
 sale 241 60 
 
 Importation of fish and game. (See Birds; Fish; 
 Game; Individual Names of Birds, Fish and Quad- 
 rupeds.) 
 
 Inhabited, term defined 380 122 
 
180 Index — Fish and G me. 
 
 J. Sec. Page, 
 
 Jamaica bay, use of nets regulated 330 101 
 
 JohnsbuFg, additional protection to black bass in 
 
 waters of town of 126 
 
 Jones' inlet. us2 of nets regulated 327. 332 100, 102 
 
 K 
 
 Kingfisher, nests, destroying or robbing not prohibited 220 62 
 
 not protected 219 51 
 
 L. 
 
 Lacey act 143-147 
 
 Lak? Champlain. (See Missisquoi bay.) 
 
 Lake Erie, black bass, additional i rotection 125 
 
 lake trout, eggs and milt to be furnished 
 
 commission 235 56 
 
 license to take with net operated from power 
 
 boat 235 56 
 
 open season 235 56 
 
 Bale 235 56 
 
 saugers and blue pike perch, size, posses- 
 sion, sale 236 58 
 
 net licenses, schedule of fees 132 
 
 nets, application of regulations 280 73 
 
 rules and regulations 128-142 
 
 taking fish with 276 71 
 
 Whitefish, eggs and milt to be furnished commis- 
 sion 235 57 
 
 license to take with net operated froui power 
 
 boat 235 57 
 
 open season 235 57 
 
 sale 235 57 
 
 Lake George, taking fish in, open seasons 241-a 60 
 
 Lake Ontario. (See Chaumont bay.) 
 
 lake trout, eggs and milt to be furnished commis- 
 sion 235 57 
 
 license to take with net operated from power 
 
 boat 235 57 
 
Index — Fish and Game. 181 
 
 Lake Ontario — Continued : Sec. Page. 
 
 lake trout, open season 235 57 
 
 sale 235 57 
 
 saugers and blue pike perch, size, posses- 
 sion, sale • 236 58 
 
 net license?, schedule of fees 132 
 
 nets, application of regulations 280 73 
 
 rules and regulations 128-142 
 
 taking fish with 276 71 
 
 Whitefish, eggs and milt to be furnished commis- 
 
 f ion 235 56 
 
 license to take with net operated from power 
 
 boat 235 56 
 
 open season 235 56 
 
 sale 235 56 
 
 Lake sturgeon. (See Sturgeon.) 
 
 Lake trout, eggs, taking from lake trout in public 
 
 waters for breeding purposes 242 61 
 
 imported, possession and sale permitted 235 56 
 
 Lakes Erie and Ontario, eggs and milt to be fur- 
 nished commission 235 56 
 
 license to take with net operated from power 
 
 boat 235 56 
 
 open season 235 56 
 
 sale 235 56 
 
 Lake Greorge, open season 241-a 60 
 
 nets for taking, size of mesh 272 70 
 
 open season; size of catch 234 56 
 
 Bale 234 56 
 
 Bpawn, taking from beds prohibited 243 61 
 
 spawning, disturbing, prohibited 243 61 
 
 stocking private ponds or streams from public 
 
 waters, prohibited 242 61 
 
 taken without the State, possession in closed 
 
 season regulated 370 109 
 
 term includes what 380 120 
 
 Landlocked salmon, term lake trout includes 380 120 
 
 Land turtles, taking, killing or sale prohibited 202 46 
 
182 Index — Fish and Game. 
 
 Sec. Page 
 
 Lands, enclosed, how bouwdarj' may be indicated. . . 380 122 
 
 wholly enclosed, hoTv boundary may be indicated 380 122 
 
 Lewis county, pheasants, additional protection 125 
 
 License3, breeding of elk, deer, pheasants and ducks. 372 110 
 collection or possesvsion of quadrupeds, birds and 
 
 birds' eggs 159 13 
 
 dog 193 41 
 
 eel pots and weirs, schedule of fees 133 
 
 use rf 256 67 
 
 grant by Conservation Commission. 150 7 
 
 hare and rabbit breeding 196 44 
 
 hunting ati.i trappinjj, alteratioa prohibited 185 34 
 
 button to be worn when hunting 185 32 
 
 carrying and exhibiting 185 32 
 
 city and town clerks, reimbursement 185 36 
 
 reports 185 36 
 
 exception as to owners iind occupants of farm 
 
 lands 185 34 
 
 feea 185 31 
 
 form 185 36 
 
 grant of 18q. 31 
 
 non-resident 185 31 
 
 powers under 185 32 
 
 prosecutions 185 34 
 
 resident 185 31 
 
 termination 185 34 
 
 non-resident angling 188 37 
 
 importation of fish and fame 178 25 
 
 Lakes Erie and Ontario, license to take lake trout 
 and whitef.sh in nets operated from power 
 
 boat 235 56 
 
 lobster, issuance to non-residents 323 97 
 
 net, application for; sureties; return of tags; 
 duration; revocation; not transferable; ex- 
 
 hibition 129 
 
 certain waters 128 
 
 fees schedule 132 
 
Index — Fish and Game. IS'6 
 
 Licenses, net — Continued: Sec. Page. 
 
 use of 270 69 
 
 non-resident vessels engaged in fishing with nets 324 98 
 
 Bkunk propagation and sale 200 45, 138- 
 
 storage of fish in close season 375 117 
 
 taking minnows for bait for sale, bond 136 
 
 venison, possession in close season 140 
 
 vessels fishing with nets for purpos'e of making 
 
 oil or fertiUzer from fish taken 324 98 
 
 Limicolae. (See Birds.) 
 
 Lobster traps. (See Lobsters.) 
 
 Lobsters, female in spawn not to be taken 321 96- 
 
 Hcenses issued to non-residents; regulation! 323 97 
 
 residents only permitted to take; certain waters 
 
 excepted 323 97 
 
 size Umit 321 96 
 
 traps, size of openings 322 96 
 
 Long Island sound, devices allowed for taking water 
 
 fowl 212 48 
 
 refuse not to be thrown into certain parts 326 99 
 
 use of nets, in parts of, prohibited 328 100 
 
 M. 
 
 McLean act ^ 147-149^ 
 
 Marine district, described 300 78 
 
 Marine fisheries. (See Marine district; Marine 
 fisheries, Bureau of; Shellfish; Supervisor of 
 marine fisheries.) 
 Marine fisheries. Bureau of. (See Shellfish.) 
 
 continued 301 78 
 
 deputy supervisor 302 78 
 
 office and clerical force 302 78 
 
 ehellfish, reports relating to 303 79 
 
 supervisor, appointment 301 78 
 
 duties 301 78 
 
 reports 303 79 
 
J184 Index — Fish and Game. 
 
 Sec. Paqb. 
 llaskalonge, Chaumont bay, not to be taken with 
 
 nets in 278 72 
 
 Lakes Erie and Ontario, not to be taken with 
 
 nets in 276 71 
 
 open season, size limit 239 59 
 
 sale 239 59 
 
 Migratory Birds. (See Birds, Migratory.) 
 
 Mink, open season 198 44 
 
 Minnows, Jamaica bay, may be taken in by hand nets 330 101 
 
 license to take for bait 230 54 
 
 not to be taken in waters inhabited by trout. . . . 230 54 
 
 taking for bait for sale, regulations 136 
 
 in St. Lawrence river, regulated 230 54 
 
 Missisquoi bay, fish caught in, not to be transported 
 
 into this State 370 109 
 
 Mongolian pheasants, term pheasants includes 380 121 
 
 Mongoose, importation, prehibited 145 
 
 Montgomery county, pheasants, additional protection . . . 125 
 
 Moose, no open season 194 42 
 
 power of Commission to acquire 157 13 
 
 transportation and possession when killed in 
 
 private park 194 42 
 
 Mud hens, open season; limit of take 213 48 
 
 Mullet, set and trap lines, taking with 254 66 
 
 spears and snatch hooks, taking with 255 66 
 
 ^Municipal water supply, lands used for game not to 
 
 be taken on 222 53 
 
 Muskalonge. (See Maskalonge.) 
 
 Muskrat, houses not to be injured 201 45 
 
 open season 201 45 
 
 taking of by shooting prohibited 201 45 
 
 N. 
 
 Naked hooks 176 22 
 
 taking fish by, regulated 255 66 
 
 Nassau county, power of supervisors to regulate tak- 
 ing of fish and shellfish 334 103 
 
Index — Fish and Game. 185 
 
 Sec. Paqb. 
 
 Nesta, robbing or destroying, prohibited; exceptions 220 52 
 
 Nets, application of regulation to certain waters .... 2S0 73 
 
 birds, taking in nets, prohibited 221 52 
 
 buoying required 274 70 
 
 Chaumont bay, use in 278 72 
 
 Coney Island creek, size of mesh 331 101 
 
 Delaw-are river, use in 279 73 
 
 destruction, when used unlawfully 282 74 
 
 expense a county charge 283 74 
 
 when used for taking birds 221 52 
 
 disposal of fish taken unintentionally in gill nets ... 132 
 
 Ea.st river, use of nets in parts of, regulated. . . . 328 100 
 
 Far Rockaway bay, use in, regulated 332 102 
 
 fees 132 
 
 Fire Island inlet, use in, regulated 327 100 
 
 Harlem river, use in, prohibited 328 100 
 
 Hudson river, use in 279 73 
 
 ' Jamaica bay, uas in, regulated 330 101 
 
 Jones' inlet, use in, regulated 327, 332 100-102 
 
 Lake Erie, use in 276 71 
 
 Lakes Erie and Ontario, license to take lake trout 
 
 and whitefish in nets operated from power boat 235 56 
 
 Lake Ontario, use in 276 71 
 
 licen.sing 270 69 
 
 location, restricted 128 
 
 Long Island sound, use ©f in parts of, prohibited 328 100 
 
 mesli, size of 272 70 
 
 size fixed 131 
 
 size to be fixed by Conservation Commis^on ... 130 
 size of, supervision of Conservation Com- 
 mission 150 7 
 
 minnow, size limited .-' 136 
 
 Niagara river, use in 277 71 
 
 regulations to apply to what waters 280 73 
 
 reports of fish taken 129 
 
 Rockaway inlet, use in, regulated 327 lOQ 
 
186 Index — Fish and Game. 
 
 Nets — Continued: Sec. Page 
 rules and regulations of Conservation Com- 
 mission 128 
 
 seizure of when unlawfully used, expense a county 
 
 charge 283 74 
 
 Buperintendent of inland fisheries to supervise use 271 69 
 
 tagging 131 
 
 required 274 70 
 
 term includes what 380 122 
 
 time of hauUng, regulated 273 70 
 
 xise, restricted 176 22 
 
 in waters inhabited by trout, prohibited. .. . 275 70 
 
 to be regulated by Conservation Commission 270 69 
 
 Zack's inlet, use in, regulated . • , 327 . 100 
 
 Niagara river, black bass, additional protection 125 
 
 use of seines and squat nets in 277 71 
 
 sauger, size, possession, sale 236 58 
 
 Non-resident Ucenses. (See Licenses.) 
 
 Number, disregarded in construing this article 380 119 
 
 O. 
 
 Oil, hcensing vessels taking fish for making oil 324 98 
 
 Oneida county, pheasants, additional protection 125 
 
 Open season, defined 380 119 
 
 Sunday, commencing or closing on 380 119 
 
 Oswego bass, term black bass includes 380 120 
 
 Otsego bass. (See Otsego whitefish.) 
 
 Otsego county, pheasants, additional protection 125 
 
 Otsego lake, nets for Otsogo whitefish, size of mesh 131 
 
 Otsego whitefish, nets for taking, size of mesh 272 70 
 
 nets for taking in Otsego lake, size of mesh 131 
 
 open season; size of catch 234 56 
 
 sale 234 56 
 
 Ouananische, term lake trout includes 380 1 20 
 
 Owl. (See Great horned owl; Snow owl.) 
 
 Oysters, beds protected 316 95 
 
 blue point, use of name prohibited except for 
 
 oysters, cultivated in Great South bay 315 95 
 
Index — Fish and Game. 187 
 
 Oysters — Continued: Sec Page. 
 Brookhaven free bay oyster lands exempt from 
 
 fee for sanitary inspection 312 91 
 
 South bay, taking in, regulated 314 94 
 
 . term shellfish includes 380 121 
 
 Oyster beds, super\'ision of Conservation Commis- 
 sion 150 7 
 
 P. 
 
 Paradox lake, additional protection to black bass in 12S 
 
 Parks. (See Private parks.) 
 
 Partridge. (See Grouse; Hungarian or European 
 grey-legged partridge.) 
 European red-legged and European grey-legged 
 
 partridge, importation and sale, regulated. .. . 373 115 
 
 open season, limit of take 214, 215 49, 50 
 
 taking with net, trap or snare, prohibited 221 ^ 52 
 
 term grouse includes 380 120 
 
 Peace officers, powers imder fish and game law 172 21 
 
 Peconic baj', devices allowed for taking water fowl . . 212 48 
 
 Penalties; general 182 28 
 
 Perch, set and trap lines, taking with 254 66 
 
 use of tip-ups in taking 253 65 
 
 Perch, j-ellow, close sea?on 236-a 58 
 
 Person, term includes what 380 119 
 
 Pheasants, additional protection in various counties. ... 125 
 
 breeding, hcense; revocation of license 372 115 
 
 manner of killing 372 111 
 
 open season, Umit of take 214, 215 49, 50 
 
 reports 372 114 
 
 tagging 372 112 
 
 taking with net, trap or snare, prohibited 221 52 
 
 term includes what 380 121 
 
 importation and sale of carcasses regulated, 377 118 
 
 Pickerel, Lake George, open season 241-a 60 
 
 nets, taking with permitted 271 <39 
 
 open season; size of catch 237 58 
 
 sale 237 58 
 
188 Index — Fish and Game, 
 
 Pickerel, Lake George, open season — Continued: Sec. Paqb. 
 taken without the State, possession in closed 
 
 season regulated 370 109 
 
 term includes what 380 121 
 
 use of tip-ups in taking 253 65 
 
 I'igeons, federal law for protection 148 
 
 Antwerp or homing, interference with, pro- 
 hibited 218 51 
 
 Pike. (See Great Northern pike; Pickerel.) 
 
 nets, taking with-permitted 271 69 
 
 open season; size of catch 237 58 
 
 sale 237 53 
 
 taken without the State, possession in closed 
 
 seasoB regulated 370 109 
 
 term includes what 380 121 
 
 use of tip-ups in taking 253 65 
 
 additional protection to, in Butterfield lake, 
 
 JefTerson county 126 
 
 .Pike perch. Lake George, open season 241-a 60 
 
 nets, taking with, permitted 271 69 
 
 open season; size limit 236 58 
 
 taken without the State, possession in closed 
 
 season regulated 370 109 
 
 sale 236 58 
 
 use of tip-ups in taking 253 65 
 
 additional protection to, in Butterfield lake, 
 
 JefferBon county 126 
 
 Plover, European black, importation and sale, regu- 
 lated 373 115 
 
 federal law for protection 147-149 
 
 open season; Umit of take 216, 217 50, 51 
 
 .Plumage, defined 380 121 
 
 Pollution of waters. (See Streams; Waters in marine 
 district.) 
 
 xPond pickerel, terms pickerel and pike include 380 121 
 
 Ponds. (See Private lakes or ponds.) 
 
 Pound nets, term nets includes 380 122 
 
 ^Presumptive evidence. (See Fish; Game.) 
 
' Index — Fish and Game. 189 
 
 Private hatcheries. (See Fish.) Sec. Page. 
 
 Private lakes and ponds, fish and game protected . . . 365 1C6 
 
 laying out 360 104 
 
 notices against trespassing, not to be defaced. . 364 106 
 
 posting and maintaining 362 105 
 
 stocked by State 360 104 
 
 Private lands, not parks, fish and gama protected. . . 365 lOS 
 
 notices not to be defaced 364 106 
 
 posting and maintaining 362 105 
 
 private parks, fish and game protected 365 106 
 
 laying out 360 104 
 
 notices against trespassing not to b« defaced. .. . 364 106 
 
 posting and maintaining 361 105 
 
 stocked by State 360 104 
 
 Private preserves. (See Game.) 
 Protectors. (See Game protectors.) 
 
 Q- 
 
 Quadrupeds. (See Game; name of individual 
 animals.) 
 
 license to collect or possess 159 13 
 
 ownership in the State 175 22 
 
 power of Commission to acquire 158 13 
 
 protection, enforcement of laws 150 7 
 
 taking, method of, restricted 177 23 
 
 Quail, Egyptian, importation and sale, regulated. . . . 373 115 
 
 open season; limit of take 214, 215 49, 50 
 
 taking with net, trap or snare, prohibited 221 52 
 
 R. 
 
 Rabbits. (See Hares and rabbits.) 
 
 Raccoon, open season 196 44 
 
 Rail, federal law for protection 147 
 
 open season; limit of take 213 48 
 
 Rainbow trout, term trout includes 380 120 
 
 Rallidae. (See Birds.) 
 
190 Index — Fish and Game. 
 
 Sec. Page, 
 Raritan bay, fish, except shad, to be taken by anghng 
 
 only 329 100 
 
 Red-throat trout, terna trout includes 380 120 
 
 Refuse, not to be thrown into certain parts of Long 
 
 Island sound . 326 9» 
 
 Reindeer. (See Deer.) 
 
 Richmond county. (See Raritan bay.) 
 
 cotton tail rabbits, additional protection 125 
 
 Ring-necked pheasants, term pheasants includes. . . . 380 121 
 
 Rockaway inlet, use of nets, regulated 327 100 
 
 Roebuck. (See Deer.) 
 
 Ruffed grouse, term grouse includes 380 120 
 
 Rules and regulations of Conservation Commission 128-142 
 
 amendment; abrogation; penalties; construction. . , . 142 
 
 S. 
 
 Sable, open season 198 42 
 
 Baint Lawrence river, game protector for 165 16 
 
 great northern pike or pickerel, limit of take .... 237 58 
 Saint Lawrence county, pheasants, additional pro- 
 tection 125 
 
 Sandpipers, open season; Umit of take 216, 217 50 
 
 saugers and blue pike perch, size, possession, 
 
 sale 236 58 
 
 Scallops, siee limit 318 95 
 
 term shellfish includes 380 121 
 
 Scap nets, term nets includes 380 122 
 
 Schroon Lake, black bass, additional protection 126 
 
 Scientific purposes, license to collect quadrupeds, 
 
 birds or birds' eggs 159 13 
 
 Scoop nets, term nets includes 380 122 
 
 Scotch grouse. (See Grouse.) 
 
 Sea sturgeon. (See Sturgeon.) -^ ' 
 
 Seines, term nets includes 380 122 
 
 Set lines, regulations 135 
 
 use regulated 254 60 
 
 use restricted 176 22 
 
Index — Fish and Game. 191 
 
 Sec. Page. 
 
 Shad, nets, taking with, permitted , 271 69 
 
 Raritan bay, taking in by nets, regulated 329 100 
 
 Shellfish. (See Fish culturist.) 
 
 beds protected 316 95 
 
 dredges on public ground to be operated from 
 
 boat propelled only by sail or oars 317 95 
 
 enemies when taken to be destroyed 320 96 
 
 grounds bacteriologist to make sanitary inspec- 
 tion 310 89 
 
 cancellation of certificate when shellfisli 
 
 unfit for consumption 310 
 
 certificate of sanitary condition 312 
 
 fees 312 
 
 revocation 312 
 
 termination 312 
 
 transfer 312 
 
 designation of inspectors by State Com- 
 missioner of Health 311 90 
 
 franchises, record and fees 333 102 
 
 free bay oyster lands in Brookhaven ex- 
 empt from fee for sanitary inspection. .. . 312 91 
 
 grants, record and fees 333 102 
 
 1 eases, record and fees 333 102 
 
 sanitary inspection 310 89 
 
 sanitary inspection, notice of conditions to 
 
 be pubUshed 312 92 
 
 lands leased for cultivation, no limitation on 
 
 commissioners of land office 304 
 
 leases for cultivation 304 
 
 collection of rents 305 
 
 summary proceedings 304 
 
 settlement of disputes 306 
 
 taxation of grounds leased 307, 308 
 
 tax collection of 309 88 
 
 marking grounds leased 304 82 
 
 Nassau county, power of supervisors to regulate 
 
 taking 334 103 
 
192 Index — Fish and Game. 
 
 Chellfish — Continued: Sec. Pagb. 
 
 pollution of waters, prohibited 325, 326 99 
 
 public shellfis'i grounds, term defined 312 92 
 
 reports of supervisor of marine fisheries 303 78 
 
 residents only permitted to take; exceptions.. . , 319 98 
 sale prohibited unless sanitary conditions be 
 
 certified 313 93 
 
 starfish to be destroyed 320 96 
 
 Suffolk county, power of supervisors to regulate 
 
 taking 334 103 
 
 supervision of Conservation Commission 150 7 
 
 taking from sunset until sunrise, prohibited 316 95 
 
 term includes what 380 121 
 
 Sheriffs, powers under fish and game law 172 21 
 
 Shinnecock bay, devices allowed for taking water fowl, 212 48 
 
 Shipping permits. (See Fish; Game.) 
 
 Shortnosed sturgeon. (See Sturgeon.) 
 
 Shrimp, Jamaica bay, may be taken in by hand nets. 330 101 
 
 Skunk, manner of taking 199 44 
 
 open season 199 44 
 
 Smelt, Lake Champlain, taking in 241 60 
 
 net^ taking with, permitted 271 69 
 
 open season; size limit 241 60 
 
 sale 241 60 
 
 Snares, birds, snaring, prohibited 221 52 
 
 destruction when used for taking birds 221 52 
 
 Snatch hooks, taking fish by, regulated 255 66 
 
 u.se restricted 176 22 
 
 Snipe, federal law for protection 147-149 
 
 open season; limit of take 216, 217 50. 51 
 
 Snow-owl, nests, destroying or robbing, not pro- 
 hibited 220 52 
 
 not protected 219 51 
 
 South bay, taking oysters in, regulated 314 94 
 
 Spears, taking fish by, regulated 255 66 
 
 use restricted 176 22 
 
 Niagara river 255-a 67 
 
 Special game protectors. (See Game protectors.) 
 
Index — Fish and Game. 1,3 
 
 Sec. Page. 
 
 Bpcckled trout, term trout includes 380 120 
 
 Spring frogs. (See Frogs.) 
 
 Bquirrels, limit of take 195 42 
 
 open season 195 42 
 
 Btake nets, term nets includes 380 122 
 
 Starfish, to be destroyed when taken 320 96 
 
 Starling, importation prohibited 145 
 
 nests, destroying or robbing, not prohibited .... 220 52 
 
 not protected 219 51 
 
 State commissioner of health. (See Health, state 
 commissioner of.) 
 
 State Game Refuges 366 106 
 
 Streams. (See Waters in marine district.) 
 
 obstructing prohibited; removal of obstruction. 246 62 
 
 polluting when injurious to fish, prohibited 247 63 
 
 Striped bass. (See Bass.) 
 
 Sturgeon, bait or trap lines for taking, regulations 135 
 
 Chaumont, taking with nets in 278 72 
 
 lake sturgeon, size limit 238 59 
 
 nets, taking with, permitted 271 69 
 
 Bale 238 59 
 
 Bea sturgeon, size limit 238 59 
 
 Bet and trap lines, taking with 254 66 
 
 shortnosed, open season; size limit 238 59 
 
 taken without the State, possession in closed 
 
 season, regulated 370 109 
 
 Suckers, spears and snatch hooks, taking with 255 QQ 
 
 SuiTolk county, pawer of supervisors to r^ulate taking 
 
 of fish and shellfish 334 103 
 
 Sunday, open season commencing or ending on 380 119 
 
 Sunfish, set and trap lines, taking with 254 66 
 
 use of tip-ups in taking 253 65 
 
 Superintendent of inland fisheries designation; salary ; 
 
 expenses 271 69 
 
 Supervisor of marine fisheries (See Marine fisheries, 
 Bureau of.) 
 
 bond 302 78 
 
194 Index — Fish and Game. 
 
 Supervisor of marine fisheries — Continued: Sec. Paqb. 
 
 expenses 302 78 
 
 leases for cultivation of shellfish 30i 80 
 
 oath of office 302 78 
 
 pollution of waters in marine district, to bring 
 
 criminal action 325 99 
 
 reports relating to she Ifish 303 79 
 
 salary 302 78 
 
 sanitary inspection of shellfish grounds 310 89 
 
 to issue certificate and notice of condition. . 312 91 
 
 shellfish leases, settlement of disputes as to. ... . 306 83 
 
 taxation of shellfish grounds, duties as to 307, 308, 300 84-88 
 
 Surfbirds, open season: limit of take 216, 217 50, 51 
 
 Swan, federal law for protection 147-149 
 
 open season; manner of taking 211, 212 47, 48 
 
 T. 
 
 Tagging. (See Fish; Game; names of individual 
 fish and game.) 
 
 Taking, term defined 380 122 
 
 Tatlers, open season; limit of take 216, 217 50, 51 
 
 Taxation of shellfish grounds. (See Shellfish; Super- 
 visor of marine fisheries.) 
 
 Thumping, prohibited 244 62 
 
 Tioga county, pheasants, additional protection 125 
 
 Tip-ups, use regulated 253 65 
 
 use restricted 176 22 
 
 additional protection, Butterfield lake 126 
 
 Tortoises. (See Land turtles.) 
 
 Town clerks. (See Licenses.) 
 
 Transportation of fish and game. (See Birds; Fish; 
 Game; individual names of birds, fish and quad- 
 ruped?.) 
 
 Trap lines, regulations, when used for taking sturgeon. . . . 133 
 
 use restricted 176 22 
 
 use regulated 254 66 
 
 Trap nets, term nets includes 380 122 
 
 Trapping licenses. (See Licenses.) 
 
Index — Fish and Game. 195 
 
 Sue. Page. 
 
 Traps, birds, taking with traps, prohibited 221 52 
 
 destruction when used for taking birds 221 52 
 
 Trespasses. (See Private lakes and ponds; Private 
 
 lands, not parks; Private parks.) 
 Trout. (See Lake Trout.) 
 
 artificially propagated, sale; transportation; 
 
 possession 136 
 
 reports 138 
 
 tagging; fees 137 
 
 eggs, taking from trout in public waters for breed- 
 ing purposes 242 61 
 
 nets, taking with, permitted 271 69 
 
 open season; size of catch 232 55 
 
 propagation in private hatcheries, permit 371 110 
 
 propagated in private hatcheries, sale 371 110 
 
 spawn, taking from beds, prohibited 243 61 
 
 spawning, disturbing prohibited 243 61 
 
 stocking private ponds or streams from public 
 
 waters, prohibited 242 61 
 
 term includes what 380 120 
 
 waters inhabited by, fiah eggs not to be placed in . 250 64 
 
 talcing fish through ice, prohibited 252 65 
 
 tip-ups, prohibited 253 65 
 
 use of eel weirs, prohibited 256 67 
 
 use of nets, prohibited 275 70 
 
 use of set and trap lines, prohibited 254 66 
 
 Turtles. (See Land turtles.) 
 
 U. 
 
 United States statutes 143-151 
 
 V. 
 
 Venison, possession, regulated 191 39 
 
 possession in close season; license; fees; tagging. ... 140 
 
196 Index — Fish and Oame. 
 
 W. Sec. Page. 
 
 Walleyed pike, term pikeperch includes 380 " 121 
 
 Warren county, pheasants, additional protection 125 
 
 Water fowl (See Birds.) 
 
 Waters in marine district, pollution prohibited.. .325, 326 99 
 
 Whitefish. (See Otsego whitefish.) 
 
 imported, possession and sale permitted 235 56 
 
 Lakes Erie and Ontario, eggs and milt to be 
 
 furnished Commission 235 56 
 
 license to take with net operated from 
 
 power boat 235 56 
 
 open season 235 56 
 
 sale 235 56 
 
 nets, taking with permitted 271 69 
 
 nets for taking, size of mesh 272 70 
 
 open season; size of catch 234 56 
 
 set and trap hnes, taking with 254 66 
 
 spears and snatch hooks, taking with 255 66 
 
 sale 234 56 
 
 taken without the State, possession in closed 
 
 season, regulated 370 109 
 
 Wild birds. (See Birds.) 
 
 Woodcock, federal law for protection 147-149 
 
 open .season; hmit of take 216, 217 50, 51 
 
 Wood turtle. (See Land turtle.) 
 
 Y. 
 
 Yellow pike, term pikeperch includes 380 121 
 
 Yellow perch, close season 236-a 58 
 
 Z. 
 
 Zack's inlet, use of nets, regulated 327 100 
 
wm 
 
 
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