The conservation law in relation to fish and game as amended tby the Legislature of nineteen hundred and twelve

Table Of Contents

Paqb

The Conservation Law, State of New York, relative to fish and game (Art. V., of Chap. 647, Laws of 1911, as amended

by Chapter 318, Laws of 1912) 3

Appendix

The Lacey Act (U. S. Statute, Chap. 553, 1900) 195

Synopsis of the Conservation Law, State of New York,

relating to lands, forests, and public parks 201

Miscellaneous statutes, relative to lands and forests 245

Rules and Regulations, Forest Preserve and St. Lawrence

Reservation 259

Information for Campers 261

Forest Dont's 263

Order Prohibiting the Taking of Bass in Lake Gaorge 264

Roster of Game Protectors 267

Roster of District Forest Rangers and Forest Rangers 270

Court Procedure under the Conservation Law, as Amended

by Chapter 444, Laws of 1912 280

RULE.

(Adopted by the Conservation Commission May 21, 1912, to take effect immediately).

Rule 1-a — Food fish, other than migratory food fish of the sea within the limits of the marine district, shall not be taken by any person in any manner other than angling or in the manner expressly permitted by a license or permit duly issued by the Commission.

r

In Relation to Fish and Game.

Chapter 318, Laws of 1912.

AN" ACT to amend the conservation law, in relation to fish and game.

Became a law April 15, 1912, with the approval of the Governor Passed, three-fifths being present.

The People of the State of Neio York, represented in Senate and Assembly, do enact as follows:

Section 1. Article five of chapter six hundred forty-seven of the laws of nineteen hundred and eleven, entitled "An act relating to conservation of land, forests, waters, parks, hydraulic power, fish and game, constituting chapter sixty-five of the consolidated laws," is hereby repealed and a new article inserted in place thereof, to be known as " article five," to read as follows :

ARTICLE V.

Fish and Game.

Part I. Powers of commission (§§ 150-160). II. Game protectors (§§ 165-172)

III. Ownership; Manner of taking; Posses-

sion; Transportation and sale of wild game and fish restricted (§§ 175-182).

IV. Licenses, hunting and trapping (§§ 185-

187).

VL Birds (§§ 210-223).

VIL Fish {§§ 230-257).

VIIL Nets and netting (§§ 270-284). IX. Fishways (§§ 290-293).

X. Marine fisheries (§§ 300-335). XL Private parks (§§ 360-366).

XII. Breeding; Importation and sale of fish and game (§§ 370-376).

XIII. Definitions and constructions (§§ 380- 384).

PART I.

Powers and Duties of Commission.

Section 150. General powers and duties of commission.

151. Fish culturist.

152. Power to prohibit or regulate the tak-

ing of fish or game.

153. Close seasons established.

Section 154. Power of commission to dispose of fish and game seized.

155. Power to take fish.

156. Power to purcliase fish eggs.

157. Power to acquire beaver, deer, moose or

elk.

158. Power to take birds and quadrupeds.

159. Certificate to collect or possess for

propagation, scientific or exhibition purposes.

160. Compilation of forest, fish and game

law.

161. Observance of rules and regulations;

penalty.

Section 150. General powers and duties of commission. The commission shall have charge, control and management of the propagation and destribution of food and game fish, shell-fish Crustacea, and game. It shall have the conduct and control of all hatching and biological stations and game farms owned, operated or hereafter acquired by the state. The commission shall have charge of the enforcement of all laws for the protection of fish, shellfish, Crustacea, birds and quadrupeds; lands under water w^hich have been or shall be designated, surveyed and mapped out pursuant to law, as oyster beds or shell-fish grounds, and power to grant leases of land under water for shall-fish culture according to law; power to make rules regulating the trans-.

Conservation Laic.

portation, importation and exportation of game, fish, shell-fish and Crustacea, and tlie taking of fish in any manner, other than angling, except as to migratory food fish of the sea within the limits of the marine district; the gi'anting of licenses where the same are prescribed by law, the fixing of fees therefor and the* terms thereof, and such other powers and duties as are or may be imposed upon said commission by law.

§ 151. Fish culturist. The commission shall appoint a fish culturist who shall have charge under the direction of the commission of the culture of fish and shell-fish in the state. He shall receive an annual salary of four thousand dollars, and his actual and necessary traveling expenses while in the performance of his official duty.

§ 152. Petition for additional protection; notice of hearings; power to grant additional protection; notice of prohibition or regulation; penalties.

1. Petition for additional protection. Any citizen of the state may file with the commission a petition in writing requesting it to give to any species of fish, other than migratory food fish of the sea, or game protected by law additional or other protection than that afforded by the provisions of this article. Such petition shall state the grounds upon which such protection is considered necessary, and shall be signed by the petitioner with his address.

2. Notice of hearings. The commission shall hold a public hearing in the locality or county to be affected upon the allegations of such petition within twenty days from the filing thereof. At least ten days prior to such hearing notice thereof, stating the time and place at which such hearing shall be held, shall be advertised in a newspaper published in the county to be affected by such additional or other protection. Such notice shall state the name and the address of the petitioner, together with a brief statement of the grounds upon which such application is made, and a copy thereof shall be mailed to the petitioner at the address given in such peti tion at least ten days before such hearing.

3. Power to grant additional protection. If upon such hearing the commission shall determine that such species of fish or game, by reason of disease, danger of extermination, or from any other cause or reason, requires such additional or other protection, in any locality or throughout the state, the commission shall have power to prohibit or regulate, during the open season therefor, the taking of such species of fish or game. Such prohibition or regulation may be made general throughout the state or confined to a particular part or district thereof.

4. Notice of prohibition or regulation. Any order made by the commission under the provisions of this section shall be signed by it, and entered in its minute book. At least tnirty days before such

S Conservation Lato,

prohibition or regulation shall take effect, copies of the same shall be filed in the office of the clerk issuing hunting and trapping licenses for the district to which the prohibition or regulation applies. It shall be the duty of said clerks to issue a copy of said prohibition or regulation to each person to whom a hunting or trapping license is issued by them; to mail a copy of such prohibition or regulation to each holder of a hunting and trapping license theretofore issued by them and at that time in effect, and to post a copy thereof in a conspicuous place in their office. At least thirty days before such prohibition or regulation shall take effect the commission shall cause a notice thereof to be advertised in a newspaper published in the county wherein such prohibition or regulation shall take effect.

5. Penalties. Any person violating the provisions of such prohibition, rule or regulation shall be guilty of a misdemeanor and shall; upon conviction, be subject to a fine of not to exceed one hundred dollars, or shall be imprisoned for not more than tnirty days, or both, for each offense, in addition to the penalties hereinafter provided for taking fish, birds or quadrupeds in the close season.

§ 153. Close season established; penalties. The commission may, on the request of a majority of the town board of any town, prohibit or regulate the taking of birds or game on lands set aside, with the consent of the owner or owners thereof, as bird and game refuges for a period of not to* exceed ten years from the date set in the application. On a like request, when fish have been or shall be placed in waters of a town at the expense of the state, the commission may prohibit or regulate the taking of fish from such waters, for not to exceed five years from the first day of May next after such fish have been furnished. At least thirty days before such prohibition, rule or regulation shall take eff'ect, a copy of the same shall be filed in the office of the clerk of the town to which the prohibition, rule or regulation applies. Printed notices of such prohibition, rule or regulation, at least one foot square, shall be posted along the boundaries of the land, or along the shores' or banks of the waters affected, not more than fifty rods apart.

Penalties. Any person who shall violate or attempt to violate any such prohibition, rule or regulation is guilty of a misdemeanor, and shall, upon conviction, be subject to a fine of not to exceed one hundred dollars, or shall be imprisoned for not more than thirty days, or both, for each offense, in addition to the penalties hereinafter provided for taking fish, birds or quadrupeds in the close season.

§ 154. Power of commission to dispose of game and fish seized. Whenever any fish, birds or quadrupeds, or parts thereof, are found in the possession or under the control of a person contrary to law, said fisli, Ijirds or quadrupeds, or parts thereof, shall be seized and conliscated in tlie name of the state, and the commission may in its discretion sell the same, or otherwise dispose of it, as the said commission may deem for the best interest of the state, and the same may be transported at any time for such purpose.

§ 155. Power to take fish. The commission may take fish with nets at such times and in such manner as it may deem proper for the artificial propagation of fish. The commission may also remove, permit or cause to be removed from public or private waters, fish which hinder or prevent the propagation of game or food fish. Such removal shall be effected by any means and under such regulations as the commission may provide. Fish taken under this section may be disposed of and possessed under such regulations as the commission may establish. Any person not in charge of a state net who shall handle or take fish while confined therein, or shall fish wathin one hundred feet of any leader or net in use by the state shall be guilty of a misdemeanor.

§ 156. Power to purchase fish eggs. The commission may purchase from any person, fish eggs, paying for same in cash, or giving in exchange or in consideration therefor, a percentage of the young fish hatched or produced at any of the fish hatcheries of the state from the eggs so purchased: and the placing of such young fish in waters on lands of such persons shall not be deemed a stocking of such waters with fish by the state, or fish from state hatcheries.

§ 157. Power to acquire beaver, deer, moose or elk ^y gi^t, purchase or capture. The commission may acquire by gift, purchase or capture a sufficient number of beaver, deer, moose or elk to stock the Adirondack region, and may care for and yard the same temporarily and liberate them in such region and at such times and places as it deems most conducive to their probable subsistence and increase. Deer may be taken alive at any time by the commission to restock the state's deer parks or to exchange for elk or moose.

§ 158. Power to take birds and quadrupeds. In

the event that any species of birds protected by the provisions of section two hundred and nineteen of this article, or quadrupeds protected by law, shall at any time, in any locality, become destructive of private or public property the commission shall have power in its discretion to direct any game protector, or issue a permit to any citizen of the state to take such species of birds or quadrupeds and dispose of the same in such manner as the commission may provide. Such permit shall expire within four months after the date of issuance.

§ 159. Certificate to ccllect or possess for propagation, scientific or exhibition purposes. The commission may issue a certificate which shall be revocable at its pleasure to any person, permitting the holder to collect or possess quadrupeds, birds, birds' nests or eggs for propagation, scientific or exhibition purposes. Before such certificate is issued, every applicant, except a game protector, duly chartered museum or society incorporated for scientific or public exhibition purposes, or an officer thereof, must file written testimonials from two well known scientific men; pay one dollar for the expense of issuing the certificate, and must file a bond in the penal sum of two hundred dollars with two responsible sureties, to be approved by the commission, conditioned that he will not violate the provisions of this article or avail himself of the » privileges of said certificate for purposes other than as herein set forth. Persons receiving such certificates must report the result of collections made thereunder annually to the commission, at the expiration of the license. Such certificate shall be in force for one year only from the date of issue and shall not be transferable.

§ i6o. Compilation of forest, fish and game law.

As soon as practicable after the adjournment of the legislature in each year, the commission shall make a compilation of the fish and game law, as amended at the date of such compilation, and properly index the same. Copies of said compilation sufficient in number for the purposes of this section shall be printed in pamphlet form of pocket size, under the direction of tlie clerks of the senate and assembly, and such clerks shall distribute them as follows: One hundred copies to each senator; fifty copies' to each assemblyman; fifteen thousand copies to the commission for general distribution. It shall be the duty of the commission to prepare and issue a syllabus of the fish and game law as amended at the date of such compilation, and to supply and deliver to county, city and town clerks one copy of same for each person procuring a hunting or trapping license. Each person procuring a hunting or trapping license is entitled to one copy of said syllabus.

§ i6i. Observance of rules and regulations; penalty. Every person shall obey, observe and comply with every order or rule made by the commission, under authority of this article; any person violating or attempting to violate any such rule or order shall be liable to a penalty of fifty dollars, unless otherwise specifically provided.

PART II. Game Protectors

Section 165. Number and designation.

166. Rating of game protectors.

167. Game protectors to give bonds.

168. Compensation of game protectors.

Section 169. Powers of game protectors.

170. Records and reports.

171. Special game protectors.

172. Sheriffs and constables.

Section 165. Number and designation. The commission shall appoint one himdrcd twenty-Jfive game protectors. The commission shall designate from the protectors a chief game protector, a deputy chief game protector, twelve division chief protectors, five fisheries protectors, and a protector for the Saint Lawrence river. The present chief game protector shall continue to be chief game protector, the pres« ent assistant chief game protectors shall continue to be division chief game protectors, the present Jamaica Bay protectors shall continue to be fisheries protectors, the present fisheries protectors shall continue to be fisheries protectors, the present protector for the Saint Lawrence river shall continue to be a game protector and the present game pro-* tectors shall continue to be game protectors. The chief game protector shall have general supervision and control of all protectors.

§ 166. Rating of game protectors. The commission shall have power to remove, to suspend without pay, to reduce in rank, to act as a trial board in hearing and passing upon charges, and to rate all game protectors and fisheries protectors on the basis of merit and efficiency, in accordance with the provisions of the state civil service law. It shall rate all protectors on the basis of merit and efficiency in three grades, to be known as the first, second and third grades. Protectors rated in the first and second grades shall not be removed unless furnished with reasons for removal and given a hearing. The commission is empowered to make such rules and regulations as in its judgment are required to secure a proper rating of the protectors, or to carry out the provisions of this section.

§ 167. Game protectors to give bonds. The chief game protector shall give a bond to the people of the state in the sum of one thousand dollars conditioned for the faithful discharge of his duties, with sureties to be approved by the commission. Every game protector shall give a like bond in the sum of five hundred dollars.

§ 168. Compensation of game protectors. The chief game protector shall receive an annual salary of three thousand one hundred dollars, and his actual and necessary expenses while in the discharge of his official duties, not exceeding one thousand dollars a year. The deputy chief game protector shall receive an annual salary of twenty-four hundred dollars and his actual and necessary traveling expenses not exceeding one thousand dollars a year while in the performance of his official duties. Each division chief protector shall receive an annual salary of sixteen hundred dollars, and his actual and necessary traveling expenses, not exceeding seven hundred and fifty dollars a year. Each fisheries protector shall receive an annual salary of thirteen hundred dollars, and his actual and necessary traveling expenses, not exceeding seven hundred and fifty dollars. Each game protector shall receive an annual salary of nine hundred dollars and his actual and necessary traveling expenses, not exceeding six hundred dollars, provided, however, that each game protector who shall have been rated in the first grade for a full year shall receive increased salary at the rate of fifty dollars per annum for that year, and for each succeeding year that he shall so qualify until he shall receive the sum of thirteen hundred dollars per annum. Game protectors rated in the first grade only shall be eligible for promotion.

§ i6g. Powers of game protectors. Game protectors, fire patrolmen, and fisheries protectors shall enforce all laws relating to fish, birds and quadrupeds; all laws of boards of supervisors relating to the same; and shall have power to execute all warrants' and search warrants issued for a violation of this article; to serve subpoenas issued for the examination and investigation or trial of oflfenses against any of the provisions of said law; to make search where they have cause to believe that fish, birds or quadrupeds, or any parts thereof, are possessed in violation of law, and without search warrant to examine the contents of any boat, car, box, locker, basket, creel, crate, game bag or other package, and the contents of any building other than a dwelling house, to ascertain whether any of the provisions' of this article or of any law for the protection of fish, shell-fish, birds and quadrupeds have been or are being violated, and to use such force as may be necessary for the purpose of such examination and inspection; and with a search warrant to search and examine the contents of any building or dwelling house; seize all quadrupeds, birds or fish, or 9inj parts thereof possessed in violation of law, or showing evidence of illegal taking, and hold the same subject to the order of the commission; to arrest without warrant any person committing a misdemeanor under the provisions of this article in their presence, and take such person immediately before a magistrate having jurisdiction for trial, and to exercise such other powers of peace officers in the enforcement of the provisions of this' chapter, or of judgments obtained for violations thereof as are not herein specifically provided. Any regular or special game protector, fisheries protector, fire superintendent or fire patrolman or inspector who shall compromise or settle any violation of the fish and game law out of court, or without the order of the commission shall be guilty of a misdemeanor.

§ 170. Records and reports. The chief game protector and division chief protectors shall make such reports as are required by the commission. Each game protector shall keep a daily record of his official acts, and report the same at the close of each week to the division chief of his division, and similarly report at the close of each month to the chief game protector. The salary and traveling expenses of a game protector shall not be payable except upon the certificate of the chief game protector that such protector has made the required report and properly performed his duty.

§ 171. Special game protectors. The commission may in its discretion appoint a person as special game protector, and for this purpose may receive the recommendation of a majority of the supervisors of any county, or of any game club incorporated for the protection of fish and game. Such special game protectors shall hold office during the pleasure of the commission, and shall have the same powers as game protectors'^ and receive one-half of the fines and penalties less expenses. They shall make reports as required by the commission.

§ 172. Sheriffs and constables. Peace officers shall have tlie same powers as game protectors under this article, except the right to search without warrant.

Part III

Ownership; Manner of taking; Limit; Possession; Sale and Transportation of Wild Game and Fish Restricted.

Section 175. Ownership.

176. Taking, limit, possession, sale and

transportation of fish and game restricted.

177. Manner of taking fish and game.

178. Transportation, general, within the

state; out of the state; into the state.

179. Transportation, special.

180. Prohibited, sale of certain game birds.

181. Presumptive evidence.

Section 175. Ownership. The ownership of, and the title to all fish, birds and quadrupeds in the state of New York, not held by private ownership, legally acquired, is hereby declared to be in the state. No fish, birds or quadrupeds shall be caught, taken or killed in any manner or at any time or had in possession, except the person so catching, taking or killing or having the same in possession shall consent that the title to such fish, birds and quadrupeds shall be and remain in the state of New York for the purpose of regulating and controlling the use and disposition of the same after such catching, taking or killing, except that the title to such fish, birds or quadrupeds legally taken shall vest in the person so taking or possessing the same, subject to the restrictions and provisions of law.

§ 176. Taking, limit, possession, sale and transportation of game and fish restricted. No person shall at any time of the year, pursue, take, wound or kill, in any manner, number or quantity, any fish, quadrupeds or birds protected by law, or buy, sell, offer, or expose the same, or any part thereof, for sale, transport, or have the same in possession except as permitted by this article. Tip-ups, set and trap lines, spears, grappling hooks, naked hooks, snatcli hooks, eel weirs and eel pots shall not be used to take fish except as specifically permitted by this article. Any person doing any act prohibited by this article with reference to such fish, quadrupeds or birds or in aid of such prohibited taking, possession, purchase, sale or transportation, shall be deemed to have violated this section.

§ 177. Manner of taking fish and game.

1. Manner of taking game. Game protected by law shall only be taken in the day time after sunrise and before sunset with a gun fired at arm's length, without rest, unless otherwise specifically permitted by this article. A person may take birds and quadrupeds, during the open season therefor, with the aid of a dog, unless' specifically prohibited by this article.

2. Manner of taking fish. Fish protected by lawshall only be taken by angling, unless otlierwise specifically permitted by this article. In case any fish or Crustacea is unintentionally taken contrary to the prohibitions or restrictions contained in any of the provisions of this article, such fish or Crustacea shall be immediately liberated and returned to the water, without unnecessary injury. Whenever any fish under the size limit prescribed by the provisions of this article are received in transportation from another state or country, or whenever such fish are taken in gill nets, the person receiving or taking the same shall immediately after the receipt thereof, or in case of taking, within eighteen hours after making harbor, docking, or landing, give notice by telegram to the commission of the receipt or taking of such fish, together with a statement of the kind and number thereof and the place where the same are held, and shall care for and protect the same from spoiling, and shall properly ice, pack and ship said fish to such destination as the commission may direct. This section shall not in any way be construed as granting immunity from prosecution to any person who shall dispose or attempt to dispose of such fish in any other manner.

§ 178. Transportation, general; within the state; out of the state; into the state.

1. Transportation, general. No common carrier, or person in its employ while engaged in such business of common carrier, shall transport any wild game or fish, or any part thereof as owner. The reception or possession of game or fish, protected by law, or any part thereof, for shipment, by any person or common carrier within the state, or by any person in its employ, while engaged in the business of such common carrier unaccompanied by the owner thereof, or in any package unmarked, as herein provided, shall constitute a violation of this section by such person or common carrier.

2. Within the state. A person if accompanying the same may transport in one day, during the open season therefor, the number or limit of wild game or fish that he may lawfull}^ take in one day except as provided by section one hundred and ninety hereof. If such game or fish be placed in the custody of a common carrier or transported in any package, the said game or fish or any package containing the same, shall have affixed thereto a tag plainly marked with the kind and number of such game or fish, the names of the consignor and the consignee, the initial point of billing and the destination.

3. Out of the state. Wild game or fish protected by law if taken by a non-resident may be transported by him from any point within the state to a point out of the state, provided the same shall be accompanied by the actual owner thereof, and the said owner shall have first procured from the commission a license so to do. Such wild game or fish must be tagged and marked as provided in this section, and no more of any kind of fish or wild game shall be transported than the owner thereof may lawfully take in one day. Game imported from without the United States' or raised in private preserves as provided in this article when duly marked and tagged may be transported out of the state unaccompanied by the owner thereof in any number or quantity.

4. Into the state. Any citizen of this state may, between the sixteenth day of September and the* fifteenth day of January, both inclusive, bring into this state as his personal baggage for his private use, game or fish lawfully taken by him in any place outside of this state, provided that such game shall be taken not less than fifty miles from the border of this state, and may be lawfully brought from the state where taken, and further provided that the owner of said game shall have first obtained from the commission a license so to do, and that such game shall have been tagged at the point of shipment with tags furnished by tlie commission. Further provided that a person may bring into this state, during the open season therefor prescribed by this article, game lawfully taken without the state, without regard to the license, tagging or fifty mile restrictions. Said game and fish may be possessed during said period.

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§ 179. Transportation, special. Game and fish for propagation purposes, the head, hide, feet or fur of quadrupeds and the plumage or skin of game birds legally taken and possessed, may be transported without being marked as provided in section one hundred and seventy-eight liereof.

§ 180. Prohibited; sale of certain birds. The dead bodies of birds belonging to all species or sub-species, native to this state^ protected by law or belonging to any family, any species or sub-species of which is native to this state and protected by law shall not be sold, offered for sale, or possessed for sale for food purposes within this state whether taken within or without this state, except as provided by sections three hundred and seventy-two and three hundred and seventy-three.

§ 181. Presumptive evidence. Possession of quadrupeds, birds or fish, or any part thereof, during the time when the taking of the same in this state is prohibited, or when the possession of the same after the close of tlie open season for the taking thereof is permitted, shall be presumptive evidence that the same was unlawfully taken by the possessor.

§ 182. Penalties. A person who violates any of the provisions of this part, or of any lawful rule or regulation of the commission, is guilty of a misdemeaner, and in addition thereto, is liable as follows: to a penalty of sixty dollars and an additional penalty of twenty-five dollars for each fish, bird, or quadruped, or part of fish, bird or quadruped bought, sold, offered for sale, taken, possessed, transported or had in possession for sale or transportation in violation thereof.