SK 453 .P4 1915 — ^ Copy 1 THE I Fish and Game Law OF THE STATE OF UTAH In Effect MAY 22, 1915 FRED W. CHAMBERS State Fish and Game Commissioner TABLE OF CONTENTS. Page Appoftitiiieiit of CunHllis^-i(!n('^. ... 2 Term 2 Oualilicaiious 2 \\icaiicies 2 .v|)|Ktiiilnienls ' 'A Bonds of Comniissioiier, l>('|iii!ies and Wai'dons 4 ( !i inimissioTici' to Provide License Blanks . 2i Fees 2i ^'Miies of Coinmissioner and War- dens, Id. Sheriffs ami Con- stables 5 Duties of Wardens 4 Devices in Irrigation Canals 7 Ducks, Geese, etc. . . , 19 Fishways 6 Sawdust in Streams 6 ] ish and Game Fund Created .... 25 liise€tivorous and Song Birds .... 18 License to Hunt or Fisri 2 1 Mtiney Now Standing to Credit of Fish and Game Fund 26 Use of Same , 26 \t\v Hatcheries. Improvement of Burrastian Ponds 26 iialty 24 Powers of Commissioner 2 Private Ponds 10 l^rairie Chicken, Grouse, Quail, etc. 17 Sale of Prohibited 17 Public Hunting Grounds 30 Repeal 27 Report 2 Reservation of Waters for [Propa- gation of Fish 21 Retroactive 27 Salaries 3 Expenses 3 "Screens 7 Penalty , 7 Page Seizure ., * 15 Shipping Fish or Game out of State, TUilawful 26 Strawherry Valley and I'ish Lake State (lame Preserves 27 Taking- Fish 8 When and How Lawful 8 Unlawful t.» Sell Front or B_iss ... 9 Limit of (]}\\rh 9 Unlawful for Connnon Carries to Transport Fish 11 Unlawful to Fish from the Back of a liorse or fiy Fire or Lami»- light " 15 Unlawful to Commit Any Act of Trespass While Fishing 15 Unlawful to Kill Deer, etc 16 Penalty 16 Unlawful Possession of Fish or Game 20 Use of Explosives or Drugs 11 Use of Seines, Traps, etc 12 Use of Dogs iuHunting . 17 State of Utah Fish and Game Law In Effect May 22 1915 An Act Providing for the Protection of Fish, Game and Birds; for the Appointing of a Fish and Game Commissioner, Chief Deputy, Chief Wardens, Hatchery Superintendents and Special Deputies; Prescribing their Powers and Duties, Providing for Fish and Game Licences, and Fish and Game Fund; Providing for the Building of Fish Hatcheries; and Providing Penalties for the Violation cf this Act, and amending Sections 5, 12, 13, 14, 16, 17, 19, 21, 23, 25, 28 and 33, Chapter 53, Laws of Utah, 1909, relating to the Protection of Fish, Game and Birds; Prescribing Gertain Rules of Pleading and Evidence; Creating the Strawberry Valley and the Fish Lake State Game Preserves, Prohibiting Hunting with- in the limits thereof; and Authoriz- ing the State Fish and Game Com- missioner under the direction of the State Board of Examiners to produce and set aside certain Lands as Public Hunting Grounds, and Prescribing Rules and Regulations under which Hunting may be Permitted Therein. Also Amending Sections 12, 13, 17, 21, and 25, Chapter 53, Laws of Utah, 1809, as Amended by Chapter 46, Laws of Utah, 1913, relating to the Protection of Fish, Game and Birds; Prescribing Regulations with Refer- ence to Fishing and Hunting; Pro- hibiting Damage to Private Property by persons engaged in Fishing; Giving the Commissioner authority to trap Beaver under certain con- ditions and providing a Penalty for the Violation of any of the Pro- visions of this Act. Section 1, State Fish and Game Gommissionep. Term, QualificationSr Vacancies. That the Governor of the SiMie cf Utah by and with the consent of the Senate shall appoint a State !' ish and (iarne Nlnmmissioner, here- after called the Slate Cnmrnissioner, who shall lie a rnsident citizen of the State of [itah, and who shall not be a iiuMiibei' of any hunting, shooting or fisliing club, whose term of office shall ];(' fiiiu' years and initil his successor is appointed and qualified, provided, 1 1 \ a t \A' h e n a \" a c a n c y o c c u r s in the nflice of the State (jonunissioner and thi' Legislature is not in session, the (i.iNcriior shall ha\e the power to fill such vacancy, until the next regular session of the fjegislBture, and he shall ha\e tiie im'W*^i' <<» remove the Si ate Ooiiirnissioner at any time for cause. Sec :'. Powers of Commissioner. Tho SI ale < lomiii issioiicr shall have coidrol and su|m'!'\ isioji of the waters of Ih'^ Slalo for I ho cnllfction, prop- aaati'-ii, I'lilhirc and dislribution of fi.-h HT\i\ game in Hie State, and shall leceiAe and disti'ibule all game, fish, fisli-fry and s])awn coming into his hands, fairly ami ecpiilably among the se\t'ral connlies of I he Stato. He shall ha\e fvill colli i-dl of all property of the Stale oblain<'d and held fop the pur- |i(ise colli t'm|»lal (m| by this Act. See. :]. Id. Report, it shall be law- tn! tor IIm' Slate ( loin in issioner, or any [icrson appointed by him in writing ^o lo do, l,(' nf insp('(di(Mi, culliva- iioii. pi'opagal inn. scientific oc other purposes deemed by him to be in the interest of the fisk and game industry of the State. He shall make a detailed report of his official transactions, including the number and kinds of fish and game distributed, and the locality, and the names of the streams, ponds, and lakes where the same have been placed, and submit such report to the Legislature during the first of its ensuing regular session. Sec. 4. Appointments. The Com- missioner may appoint by and with the approval of the Governor, and keep in service one chief deputy, six chief wardens, one hatchery superintendent for each hatchery, and one clerk, who shall be residents and citizens of the State, such appointments to he filed with the State Auditor. Sec. 5. Salaries. Expenses. The State Commissioner sdiall receive a salary of twenty-four hundred dollars per annum, and for actual and neces- sary traveling and contingent expenses and clerical assistance not to-; exceed three thousand dollars per annum. The chief deputy shall receive a salary of fourteen hundred dollars per annum and actual necessary traveling ex- penses not to exceed eight hundred dollars per annum. The hatchery superintendents and the six chief wardens shall each receive one thous- and dollars per annum and actual and necessary traveling ex])enses not to exceed six hundred dollars pei- annum. For the proper en fdrci'incnt of tiiis Act, the State Commissi' -irr- shall ap- point deputy game wardtnis at. a com- pensation not to exceed three dollars per day each while* ;u'lually engaged in duty, which shall be full pay for sei'vices ami ordinary expenses. The state Commissioner may also appoint special game wardens to serve without pay, who shall have the same powers as deputy wardens. The State Com- missioner may revoke, at any time, the commission of any warden and by and with the approval of the Governor ap- point his successor. The State Com- missioner may also authorize certain individuals to sell licenses. Sec. ('). Bonds of Commissioner, Deputies and Wardens. The State Commissjdiioi' Itefoi'e entering upon the duties of his office shall give a bond in the penal sum of five thousand dollars, for the faithful performance of his duties, which bond shall be ap- proved by the State Board of Examin- ers and filed with the Secretary of State. The chief deputy, each of the hatchery superintendents and the six wardens, shall give a bond in the sum of two thousand dollars. The clerk and all other wardens under pay from the State shall give a bond in the sum of one, thousand dollars for the faith- ful discharge of their duties and the prompt accounting for the payment of any moneys coming into their hands by virtue of the office. Such bond shall run to the neople of the State with sureties to be approved by the State Gommission<'r. Sec. 7. Duties of Commissioner and Wardens. Id. Sheriffs and Constables. It shall be the duty of the State Com- missioner, chief wardens, and other wardens to see that all the laws of the State for -the protection of fish and game are faithfully enforced through- out the State, and for this purpose they are respectively and severally given the same power and authority granted by the law to, and exercised [by] Sheriffs and Constables. The State Commissioner, each of the chief and other wardens throughout the State are authorized and required to enforce this Act, and seize any game or fish taken or held in violation of this Act, and shall have the full power and authority, and it shall be the duty of each and every oft'icer, with or with- out a warrant, to arrest any person whom he has reason to believe guilty of a violation thereof and if without a warrant to hold him until a warrant can be procurred, to open, enter and examine all cars, stages, packs, w^are- houses, stores, outhouses, boxes, bar- rels and packages where he has reason to believe any game or fish taken or held in violation of this Act is to be found, and to seize the same; provided, that if such search or seizure be with- out a warrant the officer making the same must procure a warrant as soon as possible during or after the search or seizure if demanded; and, provided, furllier, that a dwelling house actually occupied can be entered for examina- tion only on pursuance of a warrant. It shall be the duty of the chief war- dens to report annually their official acts in detail to the Slate Commis- sioner during and w^-i later than the second week in November, and oftener if so requested by the State Commis- sioner. Sec. 8. Duties of Wardens. It shall be the duty of the game warden to take or cause to be taken in the best prac- tical manner any imported fish; mountain trout, bass, or herring found in pools or other places where reced- ing waters from rivers, streams, canals or other waterways have left them and which are likely to become dry, and to 6 make I lie host dispnsilion of the dead fish in the iiilercst of the Slate fish and i^aine .fund, and lo carefully put, ifack the live fisii inl-i Slate wafers. All jM'i'sous, cnriMiF'alions, or compan- ies dwiiiii^i', (»!• rniil I'ollJDg' ii'i'igafiiij^' canals, dil(d!('s. or mill-races for irri- Katinn. or opcrnling mill or power {)lanls j)\' ;in\ luch close proximity to any of the streams that the same might be washed into said streams by rains. Any per- son or persons found violating the provisions of this section shall be guilty of a misdemeanor and fined not less than one hundred dollars for such violation, and each day shall consti- tute a separate offense. Sec. 10. Screens. Penalty. It shall be unlawful for any person or persons, corporation or company, to take any water from State streams, lakes, or reservoirs for power plant purposes MP water works without first furnish- ing and maintaining suitable screens or other devices to prevent fish from • 'Qtering said power-plant, mill-race nr water-works system, said screens or other devices to be built and main- tained when required under the direc- lion of the State Commissioner or his deputy and at the expense of the said owner and operator; provided that said screen shall not interfere with the operation of any power plant by materially obstructing the flow of water used for power purposes. And it shall be a misdemeanor punishabb by a fine of ten dollars per day for each day after notice has been given to said owner or owners of said mill- race, power plant or water works sys- tem, to take effect ten days from date of service of notice Sec. 11. Devices in Irrigation Canals. It is hereby made the duty of the Chief Warden of each district, to see that all irrigation canals when deemed necessary by the State Com- missioner- are properly protected by some device (which will not be the means of obstructing the flow of water into such canals) so that no fish may enter said ditches between June 1st and September 15th of each year; said device to be provided and maintained out of the fish and game fund. Sec. U. Taking Fish. When and How Lawful. It shall be unlawful for any person at any time to fish for or take any fish from any of the waters of this State by any device or means whatever. This provision shall not prohibit angeling between the tifteenth day of February and the thirty- first day of March following, both dates included, nor between the fifteenth day of June and the thirtieth day of November following both dates in- cluded, except that it shall not be law- ful to angle in Fish Lake and Straw- berry Reservoir at any time except be- tween the fifteenth day of June and the thirtieth day of November following both dates included; Provided that it shall be lawful to angle in Panguitch Fake between the fifteenth day of June and the Twenty-eighth day of February following. It shall be unlawful for any person to fish or take away any fish from the waters of this State at any time between nine o'clock P. M. and three o'clock A. M. on the day fol- lowing or to take or have in his pos- session at any time any bass less than eight inches long, or any trout, moun- tain herring or other game fish less than six inches long. The word ang- ling as used in this Act is defined to be fishing with a rod or pole held in the hand or hands, such rod or pole to have attached thereto artificial fly hooks, not exceeding two in number, or two baited hooks, or one baited hook with not more than one gang of not more than three hooks, or one trolling-spoon with not more than one gang of not more than three hooks. Any person violating any of the pro- visions of this section shall be guilty of a misdemeanor. Sec. 13. Unlawful to Sell Trout or Bass. Limit of Catch. It shall be unlawful for any person to sell or offer to sell, or expose for sale or have in his possession with intent to sell at any time, any eastern brook trout, rainbow trout, grayling trout, native trout, black spotted mountain trout, or any other species of trout or any land-focked salmon, herring or any black bass taken from any of the pub- lic waters of this State. In prosecu- tions under this section it will be suffi- cient to allege generally that such fish were- unlawfully sold, offered, exposed or held for sale, and proof of sale or offering or exposing for sale shall be prima facie evidence of guilt. It shall be unlawful for any person to catch more than fifteen pounds of any or all of said varieties or species of fish in any one day, except that at ti; h Lake, Panguitch Lake, and Bear Lake any person shall be permitted to take a single fish weighing more than fifteen pounds in any one day. It shall be unlawful for any person to iu.\e ill his possession at any time more than fifty pounds of any or all of said varieties or species of fish. It shall be unlawful for 'any person to fish for or take any fish at any time from the waters of Logan River be- tween the crest of the dam of the Her- cules Power Company's plant and the L(t^>an City Power House on the bank of said Logan River; or, between the crest of the dam of the Logan City Power House, in said Logan River, and 10 IJie crest of (lie Slate dam at the inoutli ■'.r Lugau Canyon to the Telluride Power House on Logan River, or from the waters of PoweiTs Slough on the east siKti'e of Utah Lak<^ [Jtah (lounty, oth dates inclusive, and be it provided I hat it shall be unlawful to kill a fawn of either sex. It shall be unlawful for any person to sell, offer for sale or have in his possession with intent to sell any part or parts of any animal mentioned in this section, except the hides and heads of deer may be sold 17 when tagged by the commissioner or his deputy. It shall be lawful for the commis- sioner or his deputy to trap beaver found to be doing damage to farms, crops, orchards or other property and to sell or dispose of the same to the best advantage and the proceeds" from the sale thereof shall be turned into the Fish and Game Fund. Any person violating any of the pro- visions of this section shall be deemed guilty of a misdemeanor anl upon con- viction thereof, shall be punished by a fine in any sum less than three hundred dollars but not less than one hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and im- prisonment. Sec. 22. Use of Dogs in Hunting. It shall be a misdemeanor fur any per- son or persons to pursue with a dog or dogs any of the animals mentioned in Section 21 of this Act. Sec. 23. Prairie Chicken, Grouse, Quail, Etc. Sale of Prohibited. It shall be unlawful for any person to shoot at, kill, or hunt for any part- ridge, penated grouse, (commonly called prairie chicken), blue grouse, willow grouse, sage hen, pheasant, or mourning dove, or to rob or destroy any nest, egg or young of any such bird; provided that it shall be lawful to kill quail in Washington, Garfield, and Kane counties between the first day of September and the first day of February following, and in Salt Lake, Davis, Weber, Utah, Sevier, Uintah and Carbon counties, during the month of October, and in Iron county, between the first day of October and the thir- teenth day of November; provided fur- 18 - ther, thai it shall b<' lawful to kill sage hens, blue grouse, and willow grouse ill all couuties of the Stale ironi Sep- tember first to fifteenth, both dates inclusive; i)rovided, however, that in [iich and in Uintah eoiuities sage liens may be shot from August fifteed after being first inspected by a Fisii and Game Warden or his deputy; and such Fish and Game Warden or his deputy shall attach to each parcel or package of such ship- ment a statement that the same has 27 been inspected, and giving the kind of fish and the weight thereof, which statement must be signed by the Fish and Game Warden or his deputy, mak- ing such inspection. And it is further provided that it is a misdemeanor for any raih^oad company, express com- pany, or other transportation com- pany, or common carrier of any kind, to receive any common fish without such inspection certificate attached thereto; provided, that nothing in this section shall apply to fish shipped from private pojids. Sec. 35. Repeal. That chapters 1 and 2, Title 25, Compiled Laws of Utah, 1907, and all acts and parts of acts in conflict herewith, are hereby repealed. Section 2. Retroactive. Nothing in any amendment or provision made in this Act shall affect any offense com- mitted or action pending, but the same shall be prosecuted to judgment and r-xecution as though this Act had not been passed. In all prosecutions under this Act or said Chapter, it shall be sufticient to charge lh<' offense in I he langjjage of the statute and every exception or proviso shall be deemed matter to be pleaded and proved in defense. Section 3. Strawberry Valley and Fish Lake State Game Preserves. For the purpose of iucreasing game in this State the following described tracts of land are hereby set apart and des- ignated, respectively, as the Straw- berry Valley and the; Fish Lake State Game Preserves. The said Strawberry Valley State Game Preserve is described as fol- lows, to-wit: Beginning at a point in Wasatch County, State of Utah, at north lati- tude forty degrees, five minutes and twenty-eight seconds, and west longi- tude one hundred eleven degrees, five minutes and fifty-nine seconds, thence west nine miles, fourteen chains and twelve links, more or less, to the Western boundary line of said Wa- satch County where said county ad- joins Utah County; thence in a north- westerly direction along said boundary line to a point at north latitude forty degrees and twenty minutes; thence east twenty-one miles, more or less, to a point on the west side of town- ship two south, range ten west, Uintah special base and meridian and directly north from the point of be- ginning; thence south seventeen miles, more or less, to the place of begin- ning. And the said Fish Lake State Game preserve is described as follows, to- wit: Commencing at a point in Sevier County, State of Utah, at the northeast corner of section twenty-four, town- ship twenty-one south of range two east. Salt Lake base and meridian, thence south nine miles; thence east along the boundary of the United States Fish Lake Forest Reserve, two and one-half miles, more or less, to where said boundary turns south; thence continuing along said boundary, south two miles; west one-half mile; south one mile; west one mile; south one mile; west one-half mile; south two mjles to where said boundary turns due east; thence west one-half mile; thence south two miles; thence west two miles; thence north one mile; thence west one-half mile; thence north one mile to the boundary of 29 township twenty-three south, range two east, Salt Lake base and meridian; thence west one and one-half miles to the southwest corner of section thirty- three in said township twenty- three; thence north four miles, more or less, to the northwest corner of section six- teen, towniship twenty-three aforesaid; thence northwesterly to the northwest corner of section twenty-srven, ti»\vn- ship twenty-two south of range one east, Salt Lake base and meridian; thence northwesterly to the southwest corner of section fifteen, township twenty-two south, aforesaid; thence northwesterly to the northwest corner of section four, township twenty-two aforesaid; thence east one-half mile; thence north one and one-half miles; thence east one-half mile; thence north one-half mile; thence east one-half mile; thence north one-half mile; thence east eight miles to the place of beginning. It shall be unlawful for any person at any time to shoot at or kill or hunt for any game animal or game bird within the limits of the Strawberry Valley State Game Preserve or within the limits of the Fish Lake State Game Preserve, except that within the Straw- berry Valley State Game Preserve such game birds as are not by other piNjvis- ions of the game laws protected may be killed during any open season when it may be lawful to kill the same. Ev- ery person violating any of the provis- ions of this section shall be guilty of a misdemeanor and ui)on conviction thereof shall be punished by a fine in any sujn less than three hundred dol- lars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. All no r.-.iu'Ls in this State shall take judicial ,.,li('t' of the limits and boundaries of lie State Game Preserves hereinbefore .N'scribed, and in any prosecution it hall be sufficient to allege generally Ml I in' language of the statute that the iVciisr was committed within the lim- i!s (,f said game preserve without any liii'lher particularity of description. StM tion 4. Public Hunting Grounds. The State Fish an