1903 aass_SK45dl- Book_ ■A4-____^ WM^u^a^ h\.fis^'i -f^^y A \/V S OF THE STATE OF VERMONT iSH AND GAME Chapter 1 89, Vermont Statutes . WITH ADDITIONS AND AMENDME3NTS MADE ! V m Ts OF THE LEGISLATURE DtrPJNG THE SE -i . - OF 1896-1898-1900-1902. Hunters and bportsmen, Wiiidtas ana Guides arc urged lo umkc themselves, familiar with them, and to report all violations to the Fish and Game Commissioners: _ HENRY G, THOMAS, Stowe, E. A. DAVIS, Bethel. L_ ANA/S OF THE STATE OF VERMONT RELATING TO nSH AND GAME Chapter 189, Vermont Statutes. AVITH ADDITIONS AND AMENDMENTS MADE BY ACTS OF THE LEGISLATURE DURING THE SESSIONS OF 1896-1898-1900-1902. ^// Hunters ami Sportsmen, Wardens and Guides are urged to make themselves familiar with them, and to report all violations to the Fish and Game Commissioners: HENRY G. THOMAS, Stowe, E. A. DAVIS, Bethel. VERGENNES, VT.: ENTERPRISE AND VERMONTER PRESS, ■<" . , . ,1903. %^." s^V^ INSTRUCTIONS TO FISH AND GAME WARDENS. 1. Appointments of wardens by the Commissioners will be made in duplicate. One copy should be immediately filed with the town clerk. Appointments by the Selectmen should be in writing and filed with the town clerk. The town clerk should notify the Commissioners in order that they may supply the warden with proper documents. 2. No oath of oflBce is required. 3. Wardens should make immediately a memorandum of all facts connected Avith violations of the law that come to their knoAvledge ; such as the date, offense com- mitted, place of the violation, the name of the waters and town, the names of all witnesses, and the name of the party viola- ting the laws, if known. 4. A Avarden may arrest, Avithout a Avarrant, any persons caught in the act of violating the game laws. For example : A man having in his possession trout under six inches, or having, during the close sea- son, a partridge, would be in the act of violating the game laws, and subject to arrest without warrant. Arrests may be made on Sunday. After the arrest wardens should follow the provisions of section 457 o V. S. on i)age 14. 5. ^Vhen a violation of the law has taken place and arrest has not been made on view, as provided in the preceding in- struction, then complaint should be made to a grand juror or state's attorney who will cause a warrant to be issued. This war- rant must be served by some officer authorized to serve a criminal process. A warden is not such an officer. 6. In important cases, where there is no danger that the parties will run away, it is often best to report all the facts called for in paragraph o, either to the state's attor- ney of the county where the violation was connnitted, or to the lish and game com- missioners. The commissioners should always be notified of the circumstances of case, with the name of the officer connected with the prosecution, etc. 7. A person under arrest should be im- mediately taken before a justice and tried, or placed under bonds to appear upon a certain date. 8. All fish and game illegally caught or killed is the property of the State (Section 46'24) and should be held by the warden. In no case should the fish and game illegally taken be returned to the respondent. The disposal of such property, not provided for by law, should aAvait the instructions of the fish and game commissioners, and in important cases it will be well to commu- nicate with them by telegraph or telephone. 9. It is not lawful to take ti'out under six inches from the waters of the State for purpose of stocking private preserves or any other purpose. 10. It is unlawful to fish streams which have been posted l)y the Commissioners and advertised as closed, notwithstanding the fact that the posters may have been destroyed, maliciously or otherwise. 11. Wardens should see that they re- ceive half of the fines in cases where con- viction follows their complaint to the prose- cuting officer. 12. It w^ould be well to keep a diary of all events, such as seizure of set lines, nets, etc. 13. The law names certain conditions under which packages, barrels, baskets, etc., 6 containing fish may be examined, forcibly if necessary. Note particularly section 4576 of chapter 189, and No. 35, Acts of 1896. Law abiding citizens will usually show their catch or game if properly ap- proached on the subject. When satisfied that a party has upon his person fisli or game illegally taken, arrest him and seize the fish or game illegally possessed. 14. The foregoing instructions are the result of various inquiries from wardens, from time to time. Do not hesitate to write the commissioners whenever any question comes up that you would like to have settled. Remember that you are an' officer of the State, and so comport your- self with dignity, not allowing any personal feelings for or against a person to influence you in the execution of the duties of your office. If any state's attorney, grand juror, jus- tice of the peace, or other officer declines to attend to your case, write all the circum- stances to tlie fish and game commissioners. HENRY G. THOMAS, Stowe, E. A. DAYIS, Bethel. ^^ S^ ^ S o - C ^ -1 T) S O S P J. ^ •c „, ^ "^ * S^ = = ^ « i: = (h XT' » ^ ^ £C _. ST. ^ ^ ■ ft OQ '^ 3* o go 6 ^ » ? T „. 3 S5 X > 2 5 H O C ft ^ r+ I-" o o « W H W O » H I * w H 2. W M IP rr 3 O a fa o CO O H m s ft 2 = ^ ^ '^ - ^ s 1^ t» ft sr 8§S © pi L; => <=> c^ o o |i>- ft i^ ~ W > m 2 < 3 o < 8 0888 10 O O o 1^ 1) s ^ 0^^^ O O-v- <1^ C« S != _ > o ■ ~;a2 3^22^-0: s iS^SP^ < ^' '-' =^ S - ^ T: ^J5- <1?*-H t- S-r- i :H^ JO^r .^rs > c^^rirSH CO g O) cS-— ;'2oxPHS'S_g ;::.:« ; t- P3 fe < w fe g 9a -< pi^ ^2 :5ph ;?; 9 Chapter 189, with Acts of 1896, 1898, 1900 and 1902. Preservation of Fish, Game and Birds. DEFTNITIOXS. Se<'. 456ti. Words and phrases used in this cliapter shall, unless inconsistent with the context, mean as folloAvs : Angling: taking fish with hook and line, or not exceeding two rods or lines with hooks attached, held in hand, and not in- chiding set lines. Close season : that period of time during which an act is prohibited. If an act is prohibited between two dates, the prohibition shall include the first but not the last date. Private preserve : a naturaJ pond, of not more than twenty acres, belonging to a common owner, or any artificial pond made solely for the purpose of fish culture. Posted Waters: all waters on lands posted as provided in this chapter. Public Waters : all waters over wiiich the State has jurisdiction, except private preserves and posted waters. 10 FISH AND GAME COMMISSIONERS. »ppoiNTMENT, Sec. 45(58, as amended by No. 128, Acts rERM OF OFFICE. ^j ^g^^^^ rpj^^ Govemor, duriiig the month VACANCY. ' <^ of November, 1900, shall appoint two fish and game commissioners, the first to hold ottice for two years, and the second for four years from the first day of the following December, and biennially thereafter he shall api)oint one member of the board for four years. The Governor shall select one of said commissioners as superintendent of the fish hatchery at Roxbury. Vacancies in the said office of fish and game commission- er shall be filled by the Governor. Se<'. 45(54. Terminated. POWERS, i^Kc. 45()5. The fish and game commis- sioners may confer Avith the fish commis- sioners and fish and game commissioners of other States and Canada ; direct, in their discretion, the construction of fish ways, and, at the expense of the State, introduce trout, shad, salmon, and other good varie- ties of fish into such streams, lakes and j)onds within the State, not private pre- serves or posted waters, as they deem suited to the successful cultivation of fish; and for this and other purposes shall have the DUTIES. 11 sole conduct and control of such fish hatch- ing stations as are now owned or ojierated by the State, and such as may be hereafter established ; and may make all rules and reg-ulations necessary for the distribution of the product of such stations. Sec. 4560. They shall adopt suitable repo measures to secure the enforcement of the laws relating to the i)r()tecti()n of fish and game, and make a biennial report to the Governor, containing a record of their acts, expenditures and receipts, and such recom- mendations respecting the preservation and l)ropagation of hsh and game as they deem . advisable; the expense incurred under the provisions of this chai)ter, excei)t such as may be permitted l)y law in the conduct and control of such hsh hatcliing stations, shall not exceed two thousand dollars an- nually. Sec. 4567. Waters stocked by the fish •'"bl.c waters and game commissioners shall thereafter be treated as public waters, but any person who might otherwise make the same a i)ri- vate preserve or posted wateis, may do so at the expiration of five years from the date of filing with the fish and game commis- sioners a written notice of his intention so WHAT ARE. 12 to do. Such notice shall contain a descrip- tion of the stream, portion of stream or pond so intended to ])e made a private pre- serve or posted ^v■ater, and shall he kept in the tiles of the tish and game commissio- ners. FISHING IN, Skc. 4r(»S. Wlien the hsh and game PHOHiBiTEo. eymmissioners i)lae'e iish in a pond or stream, HOW, PENALTY. i ^ ' they may prohihit hshing therein, or in s})e('iiied portions thereof, for a period not exceeding three years, hy posting notices to that effect conspicuously u])on the hanks thereof, and })ul)lishing such notice three weeks successively in a newsi)aper puhlished in the county where such Avaters are lo- cated ; if a j)erson iishes, or attempts to fish in such waters within the time specified, lie shall he fined fifty dollars, if prosecution is commenced within six months after the oft'ence is committed. RIGHT TO TAKE Skc 4509, as amcuded hy scctlou 1, No. 1*^,96, Acts of 189S. The fish and game com- missioners may take fish in public waters, and the owners of private preserves may take fish in their preserves at any time, and in such manner as may be most convenient for the purposes of propagation, dissemina- tion or science; and trout hatched artiflc- FISH, FOR WHAT PURPOSE 13 ially and grown in artificial pools may be taken and sold by the owner from the first day of February in each year to the end of the close season. FISH A XI) <;ame avardens. Sec. 4570. The selectmen may appoint*''''°'N™ENT: and remove at pleasure, fish and game war-"^""^*^" dens who shall be residents of the town. Whenever in the judgment of the fish and game commissioners, the enforcement of the provisions of this chapter will be better secured thereby, they may appoint and re- move at pleasure fish and game wardens in any town. Sec. 4571. The term of office of all fish ^erm of office and game wardens shall expire on the first BMNTRmL'" Tuesday of March in each year. Theii' ap-™""^ f^": pointment shall be in writing, and filed inllt """' the office of the clerk of the town where such warden resides ; and the town clerk shall, immediately upon the appointment or removal by the selectmen of any fish and game warden, notify one of the fish and game commissioners thereof in writing. Sec. 4672. Appointments of fish andAPPoiNTMCNi, game wardens shall be substantially as f ol- reIJcation, lows: "°^'""°" GIVEN. ARREST, I'KOCEEOINUS. 14 We and selectmen of the town of Vermont (or fish and game commissioners,) hereby con- stitnte and appoint resident in the town of a fish and game warden within and fc>r the State of A^ermont, to hold office for the period ending on the first Tnesday of March, next, unless before that date removed. Dated this day of A. I)., , selectmen of (or fish and game commis- sioners.) When the appointment of a fish and game warden is revoked, a written notice shall be given to such warden and a copy thereof filed in the office of the clerk of the town where he residg^. Sec. 45? 3. Fish and game wardens may arrest on view , in any place in the State, a person found violating any of the provisions of this chapter, and retain him in custody at the expense of the State, until opportunity is given to a complaining or informing offi- cer to institute a prosecution against such offender ; and a fish and game warden mak- ing such arrest shall immediately give no- tice to the grand juror of the town, or the 15 state's attorney of the county, in which such offence was committed, or if the offence was committed in an unorganized town or gore, to the grand juror of an adjoining town, or the state's attorney for the county and explain the nature and circumstances of the offence charged ; and such complain- ing or informing officer shall forthwith hie a complaint or information against such offender and prosecute the same. 8ec. 4574. If a fish and game warden violations; has notice that there has been a violation in '"'"'"'^ ''"°"'- his town of any of the provisions of this chapter, he shall forthwith inquire into the same, and he may investigate any violation of the provisions of this chapter in any place in the State ; and if he finds that there has been a violation of any of the provisions of this chapter, he shall state the nature and circumstances of the offence to the grand juror of the town or state's attorney of the county in which the offence is l)eheved to have been committed, who shall prosecute the offender. Sec. 4575. In prosecutions under the fine, disposal of two preceding sections, the fish and game warden shall receive one-half of the fine 16 and the remainder of the fine shall go to the State. SEARCH; SEIZURE; Sec. 457B. A fisli and game wRi'dcn maj PROCEEDINGS, ^pp,-, ^j^y ^^^^ baiTcl OF othcv receptacle found in any vehicle of transportation, in any place other than the dwelling house or immediate dependencies thereof of the per- son having possession or control of such box, barrel or other receptacle, if he has reason to suspect that black bass, i)ike, Avall-eyed l)ike, shad or other fish illegally caught in the waters of the State are contained there- in ; and may seize any black bass, pike, wall-eyed pike, shad or other fish by him so discovered ; and if he is satisfied that the same were caught in the waters of this State in violation of law, he may sell the same and pay the proceeds arising there- from to the clerk of the county in which such seizure was made, one-half to go to such warden, and the other half to the State. FISH. PENALTY FOR TAK- ^j,^,^;^ 4577, as amcuded by Section 2, No. ING TROUT, SAL- ^ ,^ » , p ^ . . /^ o TC j 1 MONORLONCE. ^^^ ^cts of 1S98. If a person takes or catches a trout, land-locked salmon, salmon trout or longe in any of the waters of this State or has in his possession any such fish ING FISH UNDER SIX OR TEN IN- 17 so captured between the first day of Sep- tember and the first day of May following, he shall be fined not more than ten dollars for each fish so taken, caught or possessed, but the provisions of this section shall not apply to trout hatched artificially, and groAvn in artificial pools taken by the owner be- tween the first day of February in any year and the end of the close season. 8ec. 4578, as amended by No. 91, Acts offtNAiTYfOR tak 1898. If a person takes or catches from any of the waters of this State a brook '^"^s. trout, rainbow trout, Ijrown trout, or Loch Leven trout, less than six inches in length, or a black bass less than ten inches in length, or a land-locked saimon, or salmon trout, or steel-head trout less than twelve inches in length, and does not immediately return the same, with the least possible in- jury, to the waters from which it was taken or caught, or has in his possession any brook trout, rainbow trout, brown trout, or Loch Leven trout less than six inches in length, or black bass less than ten inches in length, or land-locked salmon, or salmon trout, or steel head trout less than tAvelve inches in length, so taken or caught from any of the waters of this State, he shall be PROTECTION OF BLACK BASS, WALL PERCH AND MUS- KALONGE, fined not less than one dollar nor more than ten dollars for each fish so taken, caught or possessed ; and possession of any such fish shall be prima facie evidence that the same was taken or canght from thcAvaters of this State. Sec. 4579, as amended by No. 9o, Acts of EYED PIKE, WHITE l'^9. The fish and game commis- sioners are authorized to negotiate with the Canadian department of marine and fish- eries with reference to making the rights of Canadian and Vermont fishermen on Lakes Champlain and Memphremagog iden- tical so near as may be. 29 Sec. 46U2. Such commissioners yhall"*^^^ """x^"' ... 1.1- RESTRIuTION make such restrictions in regard to tishmg under license. under licenses as they deem necessary, and insert the same in the license, togfthcr with the name of the licensee and the num- ber of the license, which shall he valid only for the person, time and place named there- in, and may at any time he revoked by the commissioners, who, in their discretion, may refund to the licensee the proportion of the license fee for the unexphed term. Sec. 4608. The fee for such licenscFEE for license. shall he established by the commissioners upon such basis as they deem just, not ex- ceeding twenty dollars, and shall be uni- form throughout the calendar year. Sec. 4604, as amended by No. 129 Acts ^ee, how 1900. The fees for such licenses shall 1,^°'^"'^^'°°" paid to the State treasurer. Sec. 4605. Any hcensee shi})i)ing fish shipping fi^h caught under a license, shall ])lahdy mark""'^"'"'"'' LICENSE; HOW the box, barrel, or other receptacle contain- marked. ing such fish substantially as follows : Caught by of the town of under license No. granted the day of A. D., And the possession of fish so caught and LICENSEE TO REPORT; PE LICENSE TO REMOVE APPARA TUS, WHEN; SEIZURE. 30 labelled shall not be presumptive evidence that they were caught in violation of law. Sec. 4606. A licensee shall, within thirty NALTY.^^yg after being requested so to do by the fish and game commissioners, or either of them, report to such commission his catch for the preceding season, giving such in- formation as the commissioners require. If a licensee fails to comply with this pro- vision, he shall be fined ten dollars. Sec. 4607. A person fishing under li- cense shall, within thirty days after the close of any fishing season fixed by such license, remove his nets and fishing appara- tus from the lake shore, or the same shall thereafter be subject to seizure. Sec. 4608. If a person permits another to fish under a license granted to him, or if a person fishes or attempts to fish under a license not granted to him or containing his name, or if a person labels a box, barrel, or other receptacle, as provided in the third preceding section, not having a license, or if a person sells or offers for sale any fish not caught under a license, representing that they were so caught, he shall be fined one hundred dollars or be imprisoned nine- ty days. 31 Sec. 4609, repealed by No. 94, Acts '96. PROTECTION OF GAME. Sec. 4610. If a person kills a rabbit or rabbit, hare: hare, between the first day of May and the ''^''*^^^* first day of September, he shall be fined five dollars for each ral)])it or hare so killed. Sec. 4611, as amended by No. 85 Acts beaver, fisher 1900. If a person kills, catches o]- des troys ^J""' a beaver in this State, or has in his posses- poisoning. sion a beaver killed, canght or destroyed in this State, he shall be fined twen.ty dollars. GAME BIRDS. Sec. 4612, as amended by No. 107 Acts""*';j;;"" 1902. No person shall take or kill in this State an upland plover between the first day of December and the fifteenth day of August; or a quail, wild duck, English snipe, wild goose or plover other than up- land, between the first day of January and the first day of September, or any ruft'ed grouse (commonly called partridge) or woodcock, between the first day of January and the first day of September, or a pheas- ant or English partridge between the twentieth day of November and the first day of October; nor shall a person at any time within this State take or destroy, or 32 WOODCOCK OR PARTRIDGE; PENALTY FOR KILLING OR DISPOSING OFi WHEN; EXCEP- TIONS. have in his possession, the eggs of any of the birds named in this section ; nor shall any person take any birds named in this section by means of a snare, net or trap ; nor shall any person hunt pheasants or English partridges with a dog; nor shall any person kill more than five birds of any kind named in this section in one day except wild duck, or have in his possession any birds of the kind named, killed contrary to the provisions of this section ; nor shall any person kill more than twenty wild ducks in one day, or have in his possession any ducks killed contrary to the provisions of this section. If any person takes or destroys or has in his possession the eggs of any of the birds named in this section he shall be fined ten dollars for each oft'ense, and if any person kills or has in his possession, contrary to the provisions of this section any of the birds herein named, he shall be fined ten dollars for each bird so killed or possessed. 8ec. 4613, as amended l)y No. 104, Acts '9S. No person shall at any time take, kill, purchase or receive, or cause to be taken, killed, purchased or received any of the birds specified in the preceding section for S3 the purpose of sale ; nor shall any person at any time sell or dispose of the same for traffic or gain. If a person violates the provisions of this section he shall be fined ten dollars for each offense, but the fish and game commissioners may commission persons, for a time specified, reserving a power of revocation, to take, kill, capture and have in possession any species of birds other than domestic, and the nests and eggs thereof, for scientific purposes only, but the number of such commissions in force at any one time shall not exceed five. Sec. 4614. If a person shoots or other- protection of wise intentionally wounds, entraps, en-' snares, or captures a wild or undomesticated bird, except quail, woodcock, wild duck, Wilson's or English snipe, ruffed grouse, plover, pheasant, English partridge, mer- ganser, blue heron, bittern, loon, English sparrow, crow, blackbird, jay or birds of prey, or if a person destroys the nest or eggs of any wild or undomesticated birds, except the nest or egg of a merganser, blue heron, bittern, loon, English sparrow, crow, black bird, jay nnd birds of prey, he shall be fined five dollars for each ott'ense. OTHER BIRDS; PENALTY. 34 EXPIBEO BY LIMITATION. H4V1NG FISH OR GAME UNUW- Sec. 4615, as amended by No. 9o, Acts '96, expired by limitation. Sec. 4616, repealed ])y No. 98, Acts '9(). Sec. 4617 to My2'2 inclusive, )'ci)ealed by No. 98, Acts '96. (iENEKAF, I'ROVISIONS. ARRiER Skc. 462o. If a railroad or ex[)i"ess com- pany or other common carrier, oi- any of FULLY TAKEN, tliclr scrvauts or agcuts, liavc lu their pos- ''^'**''^^' session for transportation anv iisli or i^'aine EVIDENCE. "^ ^ O unlawfully taken or killed in this State within the close season foi' such lish or game, such railroad or express company, or other common carrier, shall be fined not more than one hundred dollars for each efifense and possessi(m of such hsh or game by a railroad or express company, or other common carrier, within the close season for such fish or game, shall be presum[)tive evidence that it was taken in this State in violation of law. PROPERTY IN FISH Sec. 46'24. No i)erson shall acciuire prop- ANO GAME, HOW ^^.^ -^^ ^^J^ ^^^, ^.^^^^^ J^-^^^^^ ^^^. ^.-t p^ ^^j-gfl ACQUIRED. • " ^ TITLE IN STATE, wltliiu tlils Statc, or subject any of the same to his control, save as the same are killed or captured within the periods, and by the means permitted by law; and unless killed or captured as permitted by law, all 35 fish and game within the state shall remain the property of the State. Sec. 4625. Justices shall have concur- jurisdiction. rent jurisdiction with the county court to the amount of twenty dollars, of offenses arising under this chapter, and costs shall be taxed against the respondent. MISCELLANEOUS. Sec. 4(i26, as amended by No. 101, Acts posting und. of 189S. If the owner or occupant of en- ■"'"*'''• closed land or cultivated land not enclosed conspicuously posts notices on the same, as hereinafter provided, that shooting, trap- ping, or fishing thereon is prohibited, a person who thereafter willfully enters upon such land without the permission of the owner or occupant for the purpose of fish- ing, trapping or shooting thereon shall f(^rfeit ten dollars to be recovered by the owner or occupant thereof in an action of trespass in addition to the damage sus- • tabled thereby, provided however that this forfeiture shall not be recovered against a l)erson so entering said land for the purpose of fishing unless such owner or occu]>ant shall stock and keep stocked at their in- dividual expense the waters of said land REQUIREMENTS OF NOTICE; 36 with trout or other fish artificially hatched or reared. Sec. 4627. Such notices shall not be less PENALTY FOR tlian twofcct loiig by one foot wide, and posted in two conspienous places on the premises, and shall have appended thereto the name of the owner or occupant. Such owner or occupant may recover against a person who breaks down, defaces or injures such signboards, ten dollars in addition to the damages thereby sustained. SETTING BEAR ^j^^,^ 4(328. If a pcrsou sets or causes to TRAP. REQUIREMENTS, bc sct a bcar trap, he shall build and main- PENALTv. |-j^jj^ three-fourths around the same in a substantial manner, a railing or guard not less than three feet high, and shall protect the entrance to such trap against domestic animals by placing a pole horizontally, at a height of three feet from the ground, across the points between which it is designed that the bear should enter the trap. If a person violates the provisions of this sec- tion, he shall be fined not more than thirty dollars and not less than ten dollars. SPRING GUN, SEi'. 4629. If a person sets a spring gun trap, or a trap whose operation is to dis- charge a gun or firearm at an animal or person stepping into such trap, he shall be PENALTY FOR SET TING 37 fined not more than five hundred dollars, and not less than fifty dollars, and shall l)e lial)le in a civil action to a person snft'e ring- damage to his person or domestic animals by such trap for twice the amount (^f such damages. NUMHEH 35, Acts of 1896. an act a^fendino skctiox 1954, vermont statutp:s, and providix^ for search warrants in enforcement of the fish and game laws. It is her eh y enacted hy the GeneraJ Assem- hly of the State of Verrnont : Se(". 1. Section one thousand nine hun- dred and fifty-four of the Vermont Statutes is amended so as to read as follows : A justice may grant a warrant for search- ' ing in the day time, a dwelling-house or other place, where personal property, stolen, eml)ezzled, or obtained by false tokens, is suspected to be concealed ; and also for searching for counterfeit coin, forged or counterfeit bank bills or notes, forged or counterfeit public or corporate 38 securities, and the tools and|materials for such forgery or counterfeiting' ; gaining im- plements and apparatus ; obscene books, pictures, figures or descriptions, lottery tickets or materials for lottery ; fish or game believed to have been taken contrary to law, or implements or devices foi- taking- fish or game, sul)ject to seizure oi- unlaw- fully possessed; where the discovery ot such articles may tend to convict a person of an ofi^'ense. Approved November '21, 189(5. NUMBER 88. AN ACT PROTKCTINii PROPERTY OF THE FISH AND <;AME COTSriMISSION. ft is hereby enacted hy the i)ly to the fisli and game commissioners or to a person acting under tlieir authority. Sec;. 8 The fish and game commission-^^oo.TioNAL ers may exterminate destructive fish in such ""^^^s of f,sh . , 1 , , , ,, AND GAME COM mannei- as they deem proper; they shall „,ssioners. 40 have the same powers in any town as the fish and game wardens have, and may act as complaining and prosecuting officers of all oft'ences under this chapter ; in all cases so prosecuted, one-half the fines shall be added to the annual appropriation for the fish and game commissioners, and may be expended by them in addition tlieieto. Approved November '23, 189(J. NT^MBEH 89. AN ACT AUTHORIZINO THE FISH AND GAAfE COAOriSSlONTERS TO SHOKTEN THE (H'EX SEASON IX CERTAIN CASES. It is lievfhy enacted hi/ the (ienenil Axsem- hly of the State of Venn out: !Sec. 1. The fish and game commission- ers, upon petition of ten or more citizens of the State, after due notice and public hear- ing in the locality to be aft'ected, may shorten the time for taking certain fish where the habits of such fish seem to warrant it ; and in such cases they shall advertise and give notice of such limitation, specifying the waters and fish to which it api)lies, as i)ro- vided in section four thousand five hundred and sixty-eight of the Vermont Statutes ; 41 and said commissioners shall not make said order of limitation until the petitioners, or some persons in their behalf, have advanced to the commissioners fujids sufhcient to pay the expense of such notice and advertishig. Ai)proved November 23, 1890. No. 94, AS AMENDED J5V No. lOS, ACTS '98 AN ACT REiiULATlNO THE HUNTlNii OF DEEK AND PKOniBlTINCi THE KlLLlNy the use or assistance of any snare, tra[) or salt lick. Sk<'. 8. Xo ])ers(>n during the o]ien sea- son of any year shall take, kill, destroy or have in i)ossession more than one deer. Skc. 4. Deer killed or taken in Ver- mont shall not be transported by any per- son or cor[)oration, except that the carcass, or parts thereof, of one deer, lawfully killed in the State, may be transjjorted in the open season, and for ten (hiys thereafter when o])en to view, tagged and plainly labeled with the name of the owner thereof, and accompanied by him; and the possession of a deer or a part thereof by a common car- rier or servant of a common carrier, unac- companied ])y the ownei', or not tagged and plainly laljeled with his name, shall be a 48 violation of the provisions of this section by such common carrier and servant. But this section shall not apply to the head, feet oi* pelt of deer severed from tlie body. Sec. 5. A i)erson or corporation violat- ing any of the provisions of this act shall be fined one hundred dollars for each of- fence, one-half of the same to go to the com- plainant, the other half to the State. Sec. 6. Section four thousand six hun- dred and nine, Vermont Statutes, is hereby repealed, except that it shall remain in force as to all offences committed prior to the date the act takes effect, and prosecutions therefor, theretofore or thereafter instituted. Sec. 7. This act shall constitute a i)ai't of chapter one hundred and eighty-nine of the Vermont Statutes, entitled, "Preserva- tion of llsh, game and l)irds, and destruction of obnoxious animals," and shall l)e subject to the provisions of said chapter, so far as the same are not inconsistent with this act. Sec. 8. Dogs of the breed commonly used for hunting deer, moose or cai'ibou, and dogs of other varieties that are known to follow deer, moose or caribou, shall not be permitted by the owner or person har- boring the same to run at large in the for- 44 ests where deer, moose or caribou inhabit. If any dog of the breed or variety named sliall be found liunting, pnrsuing or killing any deer, moose or caribou, or I'unning at large in the forests of this State where deer, moose or caribou inhabit, it shall be deemed jn'iiiia facie evidence of the violation of this section by the person owning, having or harboring such dog. No person shall own or have in his possession any dog for the purpose of hunting or chasing deer, moose or caribou. Any person may lawfully kill any dog found hnnting moose, deer or cari- bou, or that is kept fo]- that jmrpose, con- trary to the provisions of this section. NUMBER 95. AN ACT iMioninrrrxii the snaking of GAisrE AND SnoOTIXii OK nrcKS with the All) OF .JACKS. It is Iterehi/ enacted h^j tlw (renerdl Afisent- hly of the State of Vermont. Se<;. 1. No game for which there is a close season in this State, sliall l)e netted or snared; nor shall any person possess any game so taken, or set any net or snares commonly used for taking such game. 45 Whoever shall violate or attempt to -violate the provisions of this section shall be fined ten dollars, and ten dollars additional for each animal or bird netted, snared or pos- sessed contrary to the provisions of this section, and such game may be seized, and shall be forfeited to the prosecutor. Sec. 2. If a person shoots or hunts wild duck with the aid of a torch, jack or arti- ficial light of any kind, he shall be fined ten dollars, and five dollars additional for each bird so taken ; and if a person is found on any public waters of this State, or the shores thereof, after sundown, with a fire- arm and torch, jack or artificial light, it shall be presumptive evidence that he is violating the provisions of this section. Approved November 28, 1896. NUMBER 96. AN ACT LIMITIN(; I HE KXroKTATlOX OF GAMK KIKJ)8. It is her eh y enacted hi/ t/ie Genend Assem- hhj of the Stdte of Vermont : Se<'. 1. No person or cor[)()ration shall kill, expose for sale, or have in possession at any time, any game bird for which there 46 is a close season in this State, except for consumption as food within the State. But this shall not prevent a person residing out of the State from taking game birds in open season, and three days thereafter out of the State when shipped open to view, tagged and plainly labeled with the name of the owner thereof, and accompanied by him. Any person or corporation violating any of the provisions of this section, or any person who, not being the actual owner of such game birds, to aid another in such trans- portation, falsely represents himself to be the owner thereof, shall be lined fifty dol- lars for each ott'ense ; and the delivery to or reception by any person or corporation Avithin this State of any such game birds for shixmient to a point without the State, shall be prima facie evidence that the same were killed, and are possessed within the State for a purpose other than that of Ije- ing consumed as food within the State. Sec. 2. This act shall constitute a part of chapter one hundred and eighty-nine, \'ermont Statutes, entitled, "Preservation of fish, game and birds, and destruction of noxious animals," and shall l)e subject to 47 the provisions thereof, so far as the same are not inconsistent with this act. Approved November 24, 1896. NUMBER V2 AN ACT FOR THE I'KOTKCTION' OF FISH IX LAKE KOMOSEEX. It is hereh;/ enncted hi/ the General Assetn- hhj of the State of Vermont : Sec. 1. No person sliall take or catch any fish in Lake Bomoseen in the towns of Hubbarclton and Castleton, north of a fine running from Stannard's Point on the west shore of said lake to a point on the east shore tliereof due west from the dwelUng house of S. S. Goodwin, between the first day of l)ecem])er and the first day of Ai)ril. Sec. '2. A person who violates the pro- visions of the preceding section shall be fined five dollars for each fish so taken or caught. Sec. 8. A person Avho takes or catches from the water of said Lake Bomoseen a pike or [)ickerel less than fifteen inclies in length, shall immediately return the same with the least possible injury, to the waters from which it was taken or caught. 48 Sec. 4. Any person who violates the provisions of the preceding section shall be fined ten dollars for each fish so taken or caught and not returned, one-half thereof to go to the prosecutor, and one-half to the State. Sec. 5. This act shall take effect from its passage. Approved November 24, 1896. NUMBER 181. AX ACT TO PROimUT THE TOLLUTIOX OF THE AV^ATERS OF SLEEPEK's RIVER AND ITS TRIBUTARIES. It is herebt/ euactad by the General Assetn- Jthj of the State of Venno/it : Sec. 1. Xo dj^e stufi:, coal tar, sawdust, shavings, tan bark, lime or other deleteri- ous or poisonous substance destructive to fish, shall be thrown or allowed to run into any of the waters of Sleeper's River, or any of the waters of any streams tributary to Sleeper's River, from the sources of said river and its tri])utaries to the dam of the United States Fish Commission at Cliicker- ing Prills, in the town of St. Johnsbury, Vermont. Whoever shall violate or at- 49 tempt to violate the provisions of this sec- tion shall pay a fine of fifty dollars for each offense. Sec. 2. This shall not affect mills that were in operation at the time the United States government located the fish hatchery at St. Johnsbiiry. Approved November 24, 1896. NUMBER 99, Acts of 1898. AX ACT PROVIDINti FOR THE CLOSING OF CERTAIX STREAMS ADAPTED TO CULTI- VATION OF FISH. It is Jierehij enacted bjf the Genend A.sseni- hlij of the State of Vertnont'. Sec. 1. The fish and game Commission- ers, may, by agreement with the ow^ners of lands through which private streams, not boatable, flow, close said streams, or any l^art thereof, for the cultivation of fish therein for the benefit of the State. The waters to which this section refers shall include only those streams, or parts thereof, where the commissioners judge fish are not likely to exceed six inches in length, and which do not flow into, or connect directly with posted waters, or private preserves. 50 Sec. 2. The fish and game commission- ers may at any time, at the expense of the State, introduce trout, salmon and other good varieties of fisli into the streams closed, according to tlie provisions of this act. Sec 8. Towns liavhig streams within their limits of the kind specified in section 1 of this act, may at any regular town meeting, upon due notice being given in the warning of such meeting, vote as to what, if any streams or parts thereof, they would have closed as provided in this act, and may also vote at such meetings as to the kind of fish mentioned in the preceding section, they would have introduced into such streams. When any town has voted as above provided, it shall be the duty of the clerk of such town to notify the fish and game commissioners of the fact, giving a description of the streams, or parts there- of to be closed, and the kind of fish to be placed therein, provided the town has voted in this regard. It shall be the duty of the commissioners, upon receiving such notice, to close such streams or parts there- of, as are specified in said notice, and so far as they are able to stock the same, if so 61 required, with such fish as are designated, pursuant to the provisions of this act, pro- vided the streams specified are found by said commissioners to be adapted to the successful cultivation of fish of the kind specified, and can by them be closed accord- ing to the provisions of this act. 8 EC. 4. When the fish and game com- missioners close any stream or part thereof, as provided in this act, they shall give notice to that effect by posting notices and by publication of the same as is provided in section four thousand five hundred and sixty-eight of the Vermont Statutes. Fish- ing in such waters thereafter shall at all times be forbidden ; and if a pei'son fishes or attempts to fish in such waters, he shall be fined "fifty dollars," if prosecution is commenced within six months after the oft'ense is committed. Sec. 5. Waters closed as herein pro- vided, and streams into which such waters empty, and all Avaters of streams closed in part under this act, whether above or be- low the parts closed, shall not thereafter be made posted waters. Sec. 6. Streams closed as herein pro- vided, shall be under the management and 52 control of the fish and game commissioners for the purpose of carrying oat the pro- visions of this act, and they may at any time, and in such manner as may ])e most convenient, take hsli therefrom for pur- poses of propagation, dissemination or science. 'I'hey are authorized to receive from the proprietors of such sti'eams, in the name of the State, such deeds and writ- ings as are necessary to male public waters as defined in said chapter. Sec. 8. This act shall constitute a part 53 of chapter 189 of the Vermont Statutes, and shall be subject to the provisions of said chapter, so far as the same are not in- consistent with this act. Approved November 'J6, 1898. NUMBER 108. AN ACT TO PROTECT THE STATE IN THE DIS- TRIBUTION OF FISH. It is lierelni enacted by tlie iieneral Asseni- bly of the State of \Whiont. Sec. 1. Any ijerson making application for, or receiving' from the tish and game commissioners, tish fry or flngerlings, for distribution in the waters of this State, who willfully or intentionally deceives said commissioners in regard to the use to be made of said fish, or makes other use of the same than is represented in the application therefor, oi* prescribed by said commission- ers, shall be lined fifty dollars. Sec. 2. This act shall constitute a part of chapter one hundred and eighty-nine of the A'ermont Statutes, and shall be subject to the provisions of said chapter so far as the same are not inconsistent with this act. 54 Sec. 3. This act shall take effect from its passage. Approved Nov. 21, 1898. NUMBER 106. AX ACT FORBIDDING THE Hl'XTIXG OR SHOOT- IXG OF WILD DICKS AXD GEESE BETWEEX THE HOURS OF SEVEX IN THE EVEXIXii OF OXE DAY AXD FIVE IX THE .M()RXIX<4 OF THE FOLLOWING DAY. It is herehy enacted hy the General Assem- bly of tlie State of Vermont: Sec. 1. No person shall at any time hunt or shoot any wild duck or wild goose while on their feeding grounds, between the hour of seven in the evening of one day and the hour of live in the morning of the following day. xVny person violating this section shall be lined ten dollars. Sec. 2. This act shall constitute a part of chapter one hundred and eighty-nine of the Vermont Statutes, and shall be subject to the provisions of said chapter so far as the same are not inconsistent with this act. Sec. 3. This act shall take effect from its passage. Approved November 19, 1898. 55 NUMBER 107. AX ACT IX RELATIOX TO THE TRAPPIXG OF C'KKTAIX FUR-BEARING ANi:NrALS. It is lievfhy enacted hy the General Assem- hhj (if the State of Vennont: Sec. 1. Any person engaged in trap- ping foxes, mink, musk rats, raccoons, beaver or fisher shall visit his traps at least once in every forty-eight hours. Any person who may violate the provisions of this act shall be fined five dollars. Sec. '1. This act shall constitute a ])art of chapter one hundred and eighty-nine of the Vermont Statutes, and shall be subject to the provisions of said chapter so far as the same are not inconsistent with this act. Sec. o. This act shall take eft^^ect from its ])assage. Approved November 19, 1898. NUMBER 109. AN A<'T IN RELATIOX TO DEER IX PARKS OR ENCLOSURES. It is herehy enacted hy the (ieneral Asseni- hly of the State of Vermont: Sec. 1. Any person owning or having deer confined in any park or enclosure . 56 other than wild deer that have been cap- tured within this State and confined, may kill, sell or dispose of the same as he sees fit. -Sec. 2. This act shall take ett'ect from its passage. Approved November 22, 1898. No. 110, AS AMENDED liY No. 71, ACTS 1902. AN ACT granting; BOUNTIES ON CERTAIN NOXIOUS ANIMALS. It is hereby enacted Jnf the Uetteral A.s.^ettt- hly of the St(fte of VennoHt : Sec. 1. If a person takes and kills any of the following noxious animals, he shall receive from the state treasurer the boun- ties herein specified, on complying with the conditions hereinafter prescribed : For a wolf, panther or bear, twelve dollars ; for a lynx, five dollars; for a fox, seventy-five cents ; for a rattlesnake, one dollar ; for a hedgehog, thirty cents. Sec. 2. If a person kills a wolf, panther, bear, lynx, fox, rattlesnake or hedgehog, he shall within thirty days after the killing thereof, apply to the clerk of the town in which he resides and present to liim the 57 skin of such wolf, panther, bear, lynx or fox or rattle of such shake or head of such hedgehog", and the town clerk shall exam- ine each person under oath, and if satisfied that such animal or snake was killed or taken in the state, he shall give the person a certiticate thereof in the form })rescribed by the state auditor. Sec. 3. When such certificate is given, the town clerk shall in the case of a wolf, panther, bear, lynx or fox, mark such skin by puncliing a hole in the left ear thereof, sufti- ciently large to clearly identify such pelt, in the case of a rattlesnake take and destroy the rattle and in case of a hedgehog take and destroy the head and shall receive from the person to whom such certificate is granted ten cents. The person receiving such cer- tificate shall present it endoised by him, to the treasurer of the town where he resides, who shall pay the same. Such town treas- urer shall, on the first day of May annually, present the certificates paid by him to the state auditor, who shall draw liis order on the state treasurer for the amount payable to such town treasurer. The town clerk shall keep a record of all certificates issued in a book used only for that purpose. 58 Sec. 4. If the person killing any such noxious animal lives in an unorganized town or gore, he may apply to the clerk of an ad- joining town, who shall grant such certifi- cate Jis if such person was a resident of that town. Se( . 5. If a person obtains from a town clerk a certificate by false, fraudulent or deceitful practices and l)ad faith, he shall he fined fifty dollars. Se'". 6. If a person takes a wolf, pan- ther, ])ear, lynx, fox or hedgehog out of a trap, intending thereljy to defraud the owner of such trap of his l)Ounty, he shall })ay to the owner of such trap, in addition to actual damages, thirty dollars for each wolf or panther, tAventy dollars for each hear, ten dollars for each lynx, and three dollars for each fox or hedgehog so taken out, to be recovered in an action on the case. The act of 1902 took elt'ect from its pas- sage. Approved Noveml)er 17, 1898. NUMBER 77, Acts of 1900. AN ACT RELATING TO THE TAKING OF FTSH FROM PRIVATE PONDS AND STREAMS. 59 It is hereby enacted by the General Assem- bly of the State of Vermont : Sec. 1. Any person having artificially constructed fish ponds on his own premises, stocked at his own expense with trout or other fish artificially hatched or reared, may take fish fi'om said pond as and when he pleases for purposes of propagation or con- sumption on the premises of the owner. Sec. '2. For the purpose of this act it is understood that an artificially constructed pond does not have reference to a pond made by damming a stream through which trout or other protected varieties of fish inhabiting said streams have access to said pond. Se«'. 3. Ponds constructed on natural streams may be screened by the owners, providing said owners own the stream from its source to the outlet of the pond which it is proposed to screen. Sec. 4. This act shall take eft'ect from its passage. Approved November 27, 1900. NUMBER 78. AN ACT TO PERMIT THJi TAKING OF WHITE FISH IN CERTAIN WATERS. GO It is hereby enacted by the General Assem- bly of the State of Vermont: Se<'. 1. The fish and game commission- ers may issue licenses to residents of this State to fisli witli nets for white fish in any waters of the State inlial)ited by said fish during the month of November in each year. Sec. *2. The commissioners shall make such regulations and restrictions in regard to fishing under license as provided for seine fishing in Lake CHiamplain under sec- tions 4602, 4608, 4604, 4605, 4606, 4607 and 4608 of Chapter 189 of the Vermont Sta- tutes. Approved November 27, 1900. NUMBER 79, As Amended by No. 92, Acts 1902. AN ACT TO RKCUTLATE THE CATiJUINO OF STUK(iEO!Sr, AND A:SIENDING SECTION 459o OF THE VERMONT STATUTES. It is hereby enacted by the General Assern- bly of the State of ]^ermont : Sec. 1. Repealed. Sec. 2. See section 4593. Sec. 3. The fish and game commission- 61 ers shall issue permits to parties residing in this State to fish in Laiie Champlain with nets of not less than eleven-inch stretched meshes for sturgeon. Such permits shall license the holders thereof to fish for one year from the date of the issuing of the same at such times in said year, other than during said close season, and at such points as the said connnissioners shall in said per- mits designate. In the granting of said permits, said commissioners shall have the same authority that is given them in the granting of seine licenses ; and said licenses shall be liable to all the provisions that re- late to seine permits issued under the pro- visions of Chapter ISO of tlie Vermont Statutes. Sec. 4. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Approved November 13, 1900. NUMBER 82. AN ACT TO PROTECT AND BirROVE THE FISHING IN LAKE 310REY. It is hereby emitted by the General As- se)nbly of the fStdte of Vermont: Sec. 1. No person shall take or catch, 62 or have in his possession any fish taken or caught in Lake Morey and Lake Fairlee or its tributaries, in the town of Fairlee, Ver- mont, between the 15th clay of October in each year, and the 15th day of May in the following year. Sec. 2. A person who violates the pro- visions of the preceding section shall be fined ten dollars for each fish so taken, caught or possessed. 8e<;. 3. If a person is found on the waters of said Lake Morey and Lake Fair- lee, or shores thereof, or on the waters or shores of any of the tributaries of said lake, knowingly having in his possession, or under his control, a pound-net, trap-net, seine, gill- net, set-net, fyke, fishing otter, trawl, spear, jack, jack-light, or any electrical device for killing 01 stunning fish, or any other appli- ances, instrument or devices for taking fish, the use of which in taking fish is prohibited by law, he shall be fined not exceeding one hundred dollars, nor less than fifty dollars, or imprisoned not more than thirty days, or both. Sec. 4. If a person use, or have in his possession with intent to use, or furnish for use, for fishing in said Lake Morey and 63 Lake Fairlee, a pound net, trap-net, seine, gill-net, set-net, fyke, fishing otter, trawl, spear, jack, jack-light, or any electrical de- vice for killing or stunning fish, or any other appliance, instrument or device for taking fish, the use of which in taking fish is prohibited by law, he shall be fined one hundred dollars. Sec. 5. If a person takes or catches, or attempts to take or catch fish through the ice on said Lake Morey and Lake Fairlee, or its tributaries, or shoots or attempts to shoot any fish in said lake or its tributaries, he shall be fined not exceeding one hun- dred dollars, nor less than fifty dollars, or imprisoned not more than thirty days or both. , „ Sec. 6. Nothing in this act shall pro- hibit the use of small nets, known as land- ing nets, in the ordinary and proper manner. Se(\ 7. In prosecutions undei- this act the prosecutor shall receive one-half the fine, and the remainder of the fine shall go to the State. Sec. 8. Justices shall have concurrent jurisdiction with the county court of oft'enses under the foregoing sections, and costs shall be taxed against the respondent. Approved November 27, 1900. 64 NUMBER 84. AX ACT MAKING STANDING POND A PRIVATE PRESERVE. It is hereby ettacted hy the General Assem- bly of the State of Vennont : Sec. 1. Standing Pond in the town of Sharon, is hereby made a private preserve and the owners thereof, when improve- ments, that meet with tlie approval of the fish commissioners have been made, may prohibit fishing therein by posting no- tices to that effect conspicuonsly upon the banks thereof, and if a person fishes or at- tempts to fish in said pond after it has been so posted, he shall forfeit ten dollars to the owners thereof, with the costs of prosecution. Sec. 2. This act shall take ettect from its passage. Approved November 27, 1900. NUMBER 85. AN ACT TO PROTECT REAVERS AND AMEND- ING SECTION 4611 OF THE VERMONT STA- TUTES. It is hereby enacted by the General Assem- bly of the State of Verntont : 65 Sec. 1. Section 4611 of the Vermont Statutes is hereby amended so as to read as follows : If a person kills, catches or destroys a beaver in this State, or has in his posses- sion a beaver killed, caught or destroyed in this State, he shall be fined twenty dollars. Sec. ± This act shall take effect from its passage. Approved November 18, 1900. NUMBER 121. an act to prevent the pollution and obstruction of the avaters of wil- lou(;hby lake in westmore. It is herebt/ enacted by the General Assetn- hlij of t/ie iState of Vermont: Sec. 1. If a person puts or causes to be put brush, trees or other substance danger- ous to navigation, excepting timber and lumber, into or upon the banks of Lake Willoughby in the town of Westmore, or into or upon the banks of streams running into said lake, so that it is drawn or washed into the same,- and suffers it to remain therein more than seventy-two hours, he shall be fined not more than thirty, nor less than five dollars. 66 Sec. 2. This act shall not apply to vvhai'ves, foundations for boat houses, nor cribs or breakwaters constructed for the protection of buildings and other property. Sec. 8. Justices of the peace shall have concurrent jurisdiction with the county court of offenses under the foregoing sec- tions. Sec. 4. Any person suffering damage by reason of the violation of the foregoing- sections, may recover of the person so of- fending full damages, with costs of suit, in an action on the case founded on this act. Sec 5. This act shall take ett'ect from its passage. iVpproved November 22, 1900. NUMBER 128. AN ACT FOR THE MAINTENANCE OF THE FISH HATCHERY. It U hereby enacted hi/ the General As- sembly of the fState of Vennont: Sec;. 1. The sum of three thousand dol- lars for the year 1901, and two thousand dollars annually thereafter, is hereby annu- ally appropriated for the purpose of main- taining and further equipping the fish 67 hatchery, authorized and established by act number 57 of the laws of 1890. Sec. 2. Debts shall not be contracted or habilities incurred in excess of the appropri- ation jirovided for in section 1 of this act, and all vouchers shall be approved by the State auditor before orders shall be drawn on the State Treasurer in payment thereof. All such orders shall be drawn in the name of the superintendent of said hatchery, whose services and expenses as superinten- dent shall be paid out of this appropriation; and a separate account shall be kejjt by the State Auditor of all expenditures on ac- count of said hatchery. Sec. 3. See section 4563. Sec. 4. This act shall take effect from its passage. Approved November 19, 1900. NU31BEK 129. AX ACT TO PROVIDE FOR THE CONSTRUCTION, E(,^UIPMEN1^ AND MAINTENANCE OF A FISH- HATCHERY AT OR NEAR THE VILLAGE OF S WANTON, VT. It y'.s' herebi/ enacted by the General As- sonhlij of the State of Ver)njynt: Sec 1. The sum of fifteen hundred dol- 68 lars is hereby appropriated for tlie erection and equipment of a fish hatchery at or near the village of Swanton, Vt., for the purpose of propagating and distributing pike, perch, white fish and sturgeon. 8ec. 2. Within one month after the pas- sage of this act and biennially thereafter, the Governor shall appoint an additional lish commissioner, who shall have the con- trol and direction of the construction, equipment and operation of said hatchery, and the selection of the site for the same. Sec o. Said commissioner shall not con- tract debts or incur obligations in excess of the sum of fifteen hundred dollars in the construction and equipment of said hatch- ery. All vouchers for the same shall be approved by the State Auditor before orders shall be drawn on the State Treasu- rer in payment thereof. . Sec. 4. See section 4604. Sec 5. I'or the purpose of maintaining and operating said fish hatchery the com- missioner who shall have charge of the hatchery at Swanton may expend the money paid to the State Treasurer for licenses to fish with seines on the shores of Lake Champlain, but the expense of main- 69 taining and operating said hatchery shall at no time exceed the money in the treasury from such licenses. Sec. 6. Said commissioner is herehy em- powered to make all rules and regulations respecting the distribution of the product of the hatchery. Sec. 7. This act shall take effect from its passage. Approved November 27, 19U0. ACTS OF 1902. NUMBER 93. AN ACT TO PREVENT THE POLLUTION OF THE WATERS OF BLACK RIVER IN ORLEANS COUNTY. It is herehy enacted by the General As- semhly of the IState of V^ermont : Sec. 1. If a person puts, or causes to be put, sawdust into or upon the banks of Black Iliver, in the county of Orleans, or into or upon the banks of streams running into said Black River, so that it is drawn or washed into the same, he shall be fined not more than fifty dollars. Sec. 2. Justices of the peace shall have concurrent jurisdiction with the county court on all offenses under this act. Approved Decenil)er 12, 1902. NUMBER 94. AN ACT REGULATIXO THE FISHIXCJ IN <'AS1MAN LAKE IN GREENSr.oRO. It is henhy enacted hi/ the General Assent- hltj of tlie fSt<(te of VerriKmt : Sec. 1. Angling in the waters of Cas- pian Lake, in the town of (Ti'eensljoro, is hereby defined to be taking fish with one hook and one line held in hand or attached to pole ; provided, however, that more than one hook may be used in trolling. Sec. 2. No person shall take or catch or have in his possession any fish taken or caught in Lake Caspian, in the town of Greensboro, between the fifteenth day of August in each year and the first day of May in the following year. Sec. 3. No person shall take from the waters of said Caspian Lake more than fifteen pounds of fish in any one day, pro- vided, however, that the taking of one fish additional, having less than lifteen pounds when taken, shall not l)e regarded as a vio- lation of the law. Sec. 4. No person shall take trout, lake trout, land locked salmon or salmon trout from the waters of said Caspian Lake with intent to sell the same. Sec. 5. It shall be unlawful for any per- son to sell or offer for sale fish taken from the waters of said Caspian Lake in viola- tion of the provisions of section tVmr of this act. Sec. 6. Any person violating the pro- visions of the four preceding sections shall be fined for each offense ten dolhirs with costs of prosecution. Sec. 7. This act shall take effect from its passage. Approved Dec. 12, 1902. NLTMBER 95. AN ATT RELATINCi TO FISHINd IN LAKE CHAMPLAIN. It is herehy enacted hi/ the Getteral As- setnhly of the State of Verrnont : Sec. 1. All existing statutes restricting the fishing with hook and line in Lake Champlain at any season of the year are hereby repealed. Sec- 2. This act shall take effect from its passage. Approved December 12, 1902. 72 NUMBER 96. an act for the protection of fish in joe's pond. It is Jterehy enacted hy the General As- sembly of the State of Vermont: Sec. 1. No person shall take or catch, or have in his possession any fish taken or caught in either of three ponds known as Joe's Pond or the tributaries thereof in the towns of Danville, Cabot and Walden, l)e- tween the first day of November and the first day of May following. Sec 2. No person shall spear any fish in either of the three ^ponds known as Joe's Pond in the towns of Danville, Cabot and Walden, or have in his possession any fish that have been speared in said pond. If any person is found on the waters of Joe's Pond or the shore thereof in the towns of Danville, Cabot or Walden with spear, jack or jack light, he shall be fined not more than one hundred dollars or less than fifty dollars. Sec. 3. No person shall take or catch any fish in either of the two ponds known as the small ponds adjacent to Joe's Pond 73 or the brook leading from said small ponds to Joe's Pond. Sec. 4. Any person violating any of the provisions of the preceding sections shall be fined live dollars for each tish taken or caught or in his possession. Sec. 5. In prosecutions under this act the prosecutor shall receive one-half the fine and the remainder shall go to the state. Sec. 6. This act shall take effect from its i)assage. NUMBER 97. AN ACT PROHIBITING THE DRAAVING OF SEINES IN MALLETS KAY. It is hereby/ enacted by the General Assejn- hly of the /State of Vermont: Sec. 1. No person or persons shall take or catch any fish with a seine in Mallets Bay, in the town of Colchester, or in any of the waters lying between the Sandbar bridge on the north, which connects the towns of South Hero and Milton, and the Rutland-Canadian railroad bridge, on the south and west, which connects the towns of South Hero and Colchester. Sec. 2. Any iDerson or persons who vio- late the provisions of the preceding section shall be fined five dollars for each fish so taken or caught. Sec. 3. All acts oi* parts of acts incon- sistent herewith heretofore enacted, so far as relating to the above mentioned waters, are hereby repealed. Skc. 4. This act shall take eft'ect Janu- ary 1, 1908. Approved Dec. 8, 1902. NUMHEM 9S. AN ACT TO PROTECT THE PTSH IIV SILVER LAKE IX THE TOAVN OF FRANKLIN. It is lierehy enacted by the General Assem- hly of the State of Vermont: Sec 1. No person shall take, catch, or have in his possession any fish taken or caught in Silver Lake, so-called, in the town of Franklin, between the first day of October and the twentieth day of June fol- lowing. Se^. 2. No person shall take, catch or kill any fish in said Silver Lake by the use of any spear, net, gun, snare, or by the use of dynamite, powder or othei* explosive subs- 75 stance, or by the use of lime or any other chemical or drug. SEf;. 3. Any person violating the pio- visions of section one of this act shall be fined not less than ten dollars, and not more than one hundred dollars. Sec. 4. Any person violating the pro- visions of section two of this act, or found upon said Silver T^ake or upon the shores thereof in possession of any spear, net, snare, explosive substance or chemical, with the intent, to use the same in violation of this act, shall be fined as above provided. Sec. 5. This act shall take eft'ect from its passage. Approved November 21, 1902. NUMBER 99. AN ACT TO PROTECT THE WATERS OF SLEEPER RIVER ABOVE THE l-XITED STATES FISH HAT«JHERY IX ST. .lOHNSP.URY FROM POL- LUTION. It is hereby enacted by tlie General As- sembly (if the State of Vermont: Sec. 1. No person shall discharge or allow to be discharged saw-dust, mi 11- waste, or other matter injurious to fish culture, into the waters of Sleeper River or any of its tributaries, above the United States fish hatcliery in St. Jolinsbury, Vermont. Sec. 2. Any person violating section one of this act shall be fined not more than ten dollars for each offense. Approved December 12, 1902. NUMBER 100. AN ACT TO PREVENT THE POLLUTION OF THE AVATERS OF TYLER BRANCH, SO-CALLED, IN THE TOWN OF BAKERSFIELD. ssem- It is herehy enacted hy the General At hly of the State of Vermont. Sec. 1. If a person puts or causes to be put saw-dust, shavings or mill refuse into or upon the banks of Tyler branch, so-called, in the town of Bakersfteld, or any of its tributaries, he shall be fined not more than fifty dollars nor less than five dollars. Sec. 2. This act shall take effect from its passage. Approved December 12, 1902. i i NUMBER 102. AN ACT TO PREVENT THE POLLUTION OF THE WATERS OF AVILLOUGHBY LAKE IN AVEST- MORE. It is hereby enacted by the General Assem- bly of the State of Vermont : Sec. 1. If a person puts or causes to be put saw-dust into or upon the banks of Lake Willoughby, Long Pond or the stream running from the same to Lake Willough- by in the town of Westmore, or into or upon the banks of streams running into said lake, so as to be drawn or washed into the same, he shall be fined not more than fifty dollars. Sec. 2. Justices of the peace shall have concurrent jurisdiction with the county court of offenses under this act. Approved December 12, 1902. NUMBER lOa. AN ACT TO ABOLISH THE FISH HATCHERY AT OR NEAR THE VILLAGE OF SWANTON. It is hereby enacted by the General Assem- bly of the State of Vermont : Sec. 1. The state fish hatchery erected 78 and equipped at or near the village of Swan ton, Vermont, under the provisions of number 129 of the laws of 1900, is hereby discontinued and abolished. Sec. 2. The fish and game commissio- ners are hereby authorized to either let or sell said property, as in their judgment seems best, the avails thereof to be paid to the state treasurer. And the moneys re- ceived for licenses for seine fishing in Lake Champlain shall be available for use by the said commissioners for prosecutions for violations of the fish and game laws and may be paid to them therefor by the state treasurer upon order of the state auditor. Sec. 3. This act shall take effect only upon condition that the United States shall erect and equip a hatchery at or near the village of Swanton, Vermont, for the pur- poses named in number 129 of the acts of 1900, or lease or purchase the hatchery noAV located in said town. Sec. 4. All acts and parts of acts incon- sistent herewith are hereby repealed. Approved December 12, 1902. NUMBER 104. AN ACT IN AMENDMENT OF NUMBER 129 OF THE ACTS OF 1900, ENTITLED "AN ACT TO PROVIDE FOR THE CONSTRUCTION, EQUIP- MENT AND MAINTENANCE OF A FISH HATCH- ERY, AT OR NEAR THE VILLAGE OF SWAN- TON, VERMONT." It is hereby e7iacted by the General Assem- bly of the State of Vermont: Sec. 1. Sections 2 and 3 of Act No. 129 of the acts of 1900 are hereby repealed. Sec. 2. Sections 5 and 6 of said act are hereby amended so as to read as follows : Sec. 5. For the purpose of maintaining and operating- said fish hatchery, the fish and game commissioners may expend the money paid to the state treasurer for li- censes to fish with seines on the shores of Lake Champlain but the expense of main- taining and operating said hatchery shall at no time exceed the money in the treas- ury from such licenses. Sec. 6. Said commissioners are hereby empowered to make all rules and regula- tions for the distribution of the product of the hatchery. Sec. 3. This act shall take effect from 80 the leasing or purchasing of tlie Swanton fish hatchery by the United States govern- ment as now provided by law. Approved December 12, 1902. NUMBER 105. AN ACT TO AUTHORIZE THE FISH AND GAME COMMISSIONERS TO SELL TROUT FRY AND TROUT FINGERLINGS, It is lierehy enacted bij the General Assem- bly of the State of Vermont : Sec. 1. The fish and game commission- ers are hereby authorized to sell trout fry and trout fingerlings to residents of this state for the purpose of stocking waters within this state as provided under section 4626 of Vermont Statutes as amended by number 101 of the acts of 1898, at a price sufficient to cover the cost thereof and a reasonable profit thereon. Sec. 2. The fish and game commissio- ners shall receive payment for all trout fry and fingerlings so sold, and shall keep an itemized account thereof; and shall make report thereof in the same manner and at the same time as they now report. Sec. 3. The fish and game commissio- 81 ners shall use such money so received in hatching and rearing of trout for private fsale and public distribution. Sec. 4. This act shall take effect from its passage. Approved December 12, 1902. NUMBER 106. AN ACT REGULATING THE KILLING AND SHOOTING OF GAME BIRDS AND GRAY SQUIRRELS. It is herebt/ enacted bt/ the General Assetn- hly of the State of Venn out : Sec. 1. All persons living without the state are hereby restricted from killing or having in their possession at any time any game bird for which there is a close season, except for the consumption as food within the state and under such restrictions as those of the people residing in the state. Sec. 2. No more than five gray squir- rels shall be taken by any one person in a single day and then only for consumption as food Vithin this state. Sec. 3. Any person violating any pro- vision of this act shall be fined ten dollars for each offense. 82 Se(-. 4. All acts or parts of acts con- trary to this act are hereby repealed. Sec. 5. This act shall take effect from its passage. Approved Nov. 21, 1902. Ho INDEX Page, Acts of 1896 37 Acts of 1 898 4 1 Acts of 1900 58 Acts of 1 902 69 Additional Fish Commissioners 68 Appointm.ent of F. & G. Commissioners vSec. 4563 page 10, vSec. 4572 14 Appropriation for Roxbury Hatchcr)'^ 66 Appropriation for Swanton Hatchery 68 Artificial Ponds 58 Arrest, violations, seiznre, tine, etc., Sec. 4572, 4574. 4575. 4576 14. 15 and 16 Bear, Bounty on 56 Bear Traps to be guarded. Sec. 4628 36 Beaver, Protection of. Sec. 4611 31 antl 64 Black Bass, When to be taken. Sec 4579 18 Bomoseen, Lake, Shooting Fish in. Sec. 4580 19 and 47 Bounties on noxious animals 56 Caribou, Protection of 41 Caspian Lake, Fishing in 70 Champlain, Lake, Seining in. Sec. 46(xi 27 Cham plain. Lake, Fishing rights. Sec. 460J. Sec. 3 28 Closing of certain streams to cultivate fish 49 Cocculus ludicus. See India Coccle Common carrier, Rules for. Sec. 4623 34 Crossing land. Sec^4598 26 80 Page. Deer in Parks 55 Deer, Protection of 41 Definitions 9 Dogs, dogging deer forbidden 42 Dogs for hunting deer, must not run at large 43 Ducks, hunting after 5 p. m. or before 7 A, M. forbidden 54 Ducks, hunting with torch forbidden 45 Eden Pond, Sec. 4581 19 Eggs, Protection of, Sec. 4612 . 31 English Snipe, Protection of. Sec. 4612 31 Pyxplosives, Use of. Sec. 4585 20 Exportation of Game Birds 45 Extermination of destructive fish, 39 Fairlee, Lake, protected 61 Fines, Sec. 4575 15 Fine for shooting wild birds. Sec. 4614 33 Fish Hatchery, maintenance of 66 Fish taken for certain pvirposes. Sec. 4569 ii Fish, When to be taken. Sec. 4577 16 Fish Commissioner for Swanton 68 Fish and Game Commissioners, Sec. 4563 to Fish and Game Commissioners, Powers and Duties, Sec. 4565 10 and 39 Fish and Game Commissioners, Reports, Sec. 4566 II Fish and Game Commission, property of 38 Fish and Game Wardens, appointment, Sec. 4570 13 Fish and Game Wardens, instructions to 3 Fish and Game Wardens, Right to open packages, Sec. 4576 16 Page. Fishing prohibited, Sec. 4568 12 Fishing through the ice 20 Fox, bounty on 56 Fur bearing animals 55 Game, Protection of. Sec. 4610 31 Game Birds, exportation of 45 Game Birds, sale of. Sec. 4613 32 and 45 Game Birds, additional protection 81 Gray Squirrels, protected 81 Hook and line fishing in Lake Champlain not restricted yi Illegal devices, Possession of. Sec. 4591 2^ India Coccle, Penalty for use, Sec. 4589 22 Instructions to Wardens 3 Joes Pond, Fishing in 72 Justices to have concurrent jurisdiction. Sec. 4625 35 Ivaws, Synopsis of Fish and Game 7 and 8 lycnion Fair, Shooting fish in. Sec. 4580 19 Ivicensee, Duties of. Sec. 4606 30 licenses, fee for. Sec. 4603 29 Licenses, fee to whom paid, Sec. 4604 29 Licenses, for fishing, Sec. 4600 27 Licenses, Fishing without. Sec. 4608 30 Licenses, how restricted. Sec. 4602 29 Licenses, Marking fish for market, Sec. 4605 29 License fees, 4604 amended 29 License for taking sturgeon 61 License for taking white fish 59 Lynx, bounty on eg Marking fish for market. Sec. 4605 29 88 Page. Memphremagog, Lake, Fishing in, Sec. 4600 27 Memphremagog, Lake, Fishing rights, Sec. 4601, Sec. 3 28 Minnows, Sec. 4593 23 Missisquoi Bay, Seining in, Sec. 4600 27 Moose, protection of 41 Morey, Lake, protected 61 Muskallonge, out of season, Sec. 4579 18 Nets for minnows. Sec. 4593 23 Nets, Use of various. Sec. 4594 23 Noxious Animals 56 Obstructing streams, Sec. 45^8 21 Open season to be shortenecL when 40 Panther, bounty on 56 Partridge, See Ruffed Cirouse. Penalty for catching Muskallonge out of season, Sec. 4579 18 Penalty for catching Muskallonge out of season. Sec. 4582 19 Penalty for catching perch out of season. Sec. 4579 18 Penalty for catching pickerel out of sea- son. Sec. 4582 19 Penalty for catching white perch out of season. Sec. 4582 19 Penalty for catching wall eyed pike out of season, Sec. 4579 18 Penalty for deceiving Commissioners when applying for or receiving tish 53 Penalty for defacing or destroying prop- erty 38 89 Page. Penalty for fishing in waters posted by the State 49 Penalty for fishing where prohibited, Sec. 4568 12 Penalty for fishing through the ice, Sec, 4584 20 Penalty for fishing in posted waters, Sec. 4596 25 Penalty for fishing with other than hook and line, Sec. 4583 J9 Penalty for fishing out of season, Sec. 4577 16 Penalty for fishing without licenses, Sec. 4608 30 Penalty for illegally fishing in Lakes Morey and Fairlec 61 Penalty for introducing fish, except trout, etc. 39 Penalty for killing beaver. Sec. 46J 1 31 Penalty for killing fish in private pre- serves. Sec. 4596 25 and 59 Penalty for killing game birds, Sec. 4612 31 Penalty for obstructing streams. Sec. 4588 21 Penalty for pollution of Sleeper's River 48 Penalty for stocking waters of State, Sec. 4590 22 Penalty for possession of illegal devices, Sec. 4591 23 Penalty for shutting off water. Sec. 4587 21 Penalty for taking fish in Lake Bomo- seen 47 Penalty for setting snares 44 Penalty for use of explosives, Sec. 4585 20 90 Page. Penalty for use of India Coccle, Sec. 4589 22 Penalty for use of various nets, Sec. 4592- 4594 23 Perch out of season, Sec. 4579 18 Permits, Sec. 4600 27 Permits for set lines, Sec. 4601 28 Penalty for catching fish under six or ten inches, Sec. 4578 17 Penalty for catching Black Bass, Wall- eyed Pike, White Perch and Mus- kalonge out of season, Sec. 4579 18 Penalty for trespassing on posted fishing grounds, Sec. 4597 26 I'heasant, protection of, Sec. 4612 31 Pickerel or pike, shooting, Sec. 4586 20 Pickerel, when not to be caught. Sec. 4581 19 Pike perch. See wall eyed pike. Plover, protection of, Sec. 4612 31 Pollution of Sleeper's River 48 and 75 Pollution of Willoughby l^ake 65 Pollution of Black River 69 Pollution of Tyler Branch 76 Ponds can be screened when 59 Posted waters. Sec. 4596 25 Posting waters, when allowed, Sec. 4597 26 Powers and duties of the F. & G. Com- missioners, Sec. 4565 10 Powers of Swanton Fish Commissioner 68 Preservation of fish, game and birds 9 Private posters, size of. Sec. 4627 36 Private posting law, Sec. 4626 35 Propert}^ in Fish and Game, Sec. 4624 34 91 Page. Protection of fish in Lake Bomoseen 19-47 Public waters, Sec. 4567 11 Oiiail protection, Sec. 4612 31 Rattlesnake, bovmty on 56 Removal of nets, etc., Sec. 4607 30 Reports of the Fish and Game Commis- sioners, Sec. 4566 1 1 Right to fish for purpose. Sec. 4569 12 Ruffed grouse or partridge, protection, Sec. 4612 31 Sale of Game Birds 45 Sawdust or other deleterious stuff 48 and 75 Screens, vuse of in artifiicial ponds 59 Search warrants 37 Seizure of illegal devices, vSec. 4584, Sec. 2 20 Set line permits. Sec. 4601 28 Seining prohibited in Malletts Bay 73 Selling trout fry and fingerlings 80 Shooting pickerel or pike. Sec. 4586 20 Shutting off water, penalt}'^, Sec. 4587 20 Six inch law, vSec. 4578 19 Silver Lake, Fishing in 74 Sleeper's River, pollution of 48 and 75 Snaring, setting snares forbidden 44 St. Catherine Lake, shooting fish in. Sec. 4580 19 Spring gun trap. Sec. 4629 36 Standing Pond made private 64 Stocking and closing streams 49 Stocking waters. Sec. 4590 22 Sturgeon nets, use of 61 Swanton Hatchery 67 Swanton Fish Hatchery abolished 77 and 79 yj Page. Sym's Pond, Sec. 4581 19 Term of office of Fish and Game Commis- sioners, Sec. 4571 13 Tickelnaked Pond, Sec. 4581 19 Towns to vote on closing streams 49 Town Clerk, certificate for bounty on noxious animals 56 Town Clerk, certificate for seizure of nets, Sec. 4594 23 Town Clerk, to notify Commissioners of wardens appointed. Sec. 4571 13 Transportation of deer. Sec. 4 41 Transportation of game birds 45 Trapping fur bearing animals 55 Wall eyed pike, penalty for taking, Sec. 4579 ^8 Wardens, Fish and Game, appointment, Sec. 4570 13 Wardens, Fish and Game, duties. Sec. 4573-4574 14 and 15 Wardens, Instructions to 3 Wardens, Fish and Game, term of office, Sec. 4571 13 Waters, What are public. Sec. 4567 11 White fish under license, 59 Wild duck, protection of. Sec, 4612 31 Willoughby I^ake, pollution or obstruc- tion prohibited 65 and 77 Wolf, bounty on 5^ Woodcock, protection of. Sec. 4612 31 U. S. Fish Commission, property of 38 LBJaDS r^ s^ LIBRARY OF CONGRESS ^'002 899 054 6% v.r