The conservation law in relation to fish and game and to lands and forests as amended to the close of the regular session of 1914.

PART I — FISH AND GAME. The Conservation Law, in relation to fish and game. 5

Additional Protection Orders 119

Rules and Regulations in relation to fish and game. 120

Plumage provision in the Tariff Act of 1913 141

Migatory Bird Law, differences between Federal

Regulations and State Law 143

Roster of game protectors 144

Index to Part II, Lands and Forests 277

THE CONSERVATION LAV/.

In Relation to Fish and Game.

Being article V 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," as amended to the close of the regular session of the year 1914.

[Note. — Article V, relating to fish and game, was inserted in the Conservation Law by chapter 318, Laws of 1912. All subsequent acts amending particular sections of that article are indicatpd in brackets at the foot of the sections so amended.]

ARTICLE V.

Fish and Game.

Part I. Powers and duties of commission (§§ 150- 161)

II. Game protectors (§§ 165-173). III. Ownership; manner of taking; limit; possession; sale and transportation of wild game and fish restricted (§§ 175- 182).

Part IV. Licenses, hunting and trapping (§§ 135- 186).

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

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

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

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

PART I.

Powers and Duties of Commission.

Section 150. General powers and duties of commission.

151. Fish culturiat.

152. Additional or other protection.

153. Fish and game closes.

154. Power of commission to dispose of fish

and game seized.

155. Power to take fish.

156. Power to purchase fish eggs.

157. Power to acquire beaver, deer, moose or

elk by gift, purchase or capture.

158. Power to take birds and quadrupeds.

159. License to collect or possess for prop-

agation, scientific or exhibition purposes.

Section 160. Publication of laws relating to fish and game. 161. Observance of rules and regulations; penalty.

§ 150. General powers and duties of commission.

The commission shall have charge, control and management of the propagation and distribution 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 oi all laws for the protection of fish, shell-fish, crustacea, birds and quadrupeds; lands under water which have been or shall be designated, surveyed and mapped out pursuant to law, as oyster beds or shellfish grounds, and power to grant leases of land under water for shell-fish culture according to law, to make rules regulating the inspection and examination of shell-fish, shell-fish grounds and the buildings used for storage; handling and shipments thereof; the floating of shell-fish; and the removal of shell-fish from beds which are in an unsanitary condition and their deposit upon unpolluted grounds; power to make rules increasing the size of mesh of nets, regulating the transportation, importation, exportation of game, fish, shell-fish and crustacea, and the taking of fish in any manner, other than angling, except as to migratory fish of the sea within the limits of the marine district; the granting of licenses where the same are prescribed by law, the fixing of fees therefor and terms thereof. [As amended by chapter 508, Laws of 1913.]

§ 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. Additional or other protection.

1, Petition for protection. Ten or more citizens of the state may file with the commission a petition in writing requesting it to give to any species of fish other than migratory food fish of the sea including fish or game birds or quadrupeds, protection or additional protection to that afforded by the provisions of this article. Such petition shall state the grounds upon which such protection is considered necessary, and shall be signed by the petitioners who shall attach their addresses.

2. Notice of hearings. If the commission shall after hearing petitioner entertain the petition, 'it shall hold a public hearing in the locality or county to be affected upon the allegations of such petition at such time and place within the locality or county affected as the commission may determine 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 to be selected by the commission and published in the counties or county to be affected by such additional or other protection or if less than a whole county, in or near the locality which may be affected. Such notice shall contain a brief statement of the grounds upon which such application is made, and a copy thereof shall be mailed to each petitioner at the .address given in such petition at least ten days before such hearing.

3. Power to grant protection. If upon such 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 by order 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 and the order shall fix the day when the same shall take effect and the commission shall sign and enter the order in its minute book.

4. Publication. At least thirty days before the day fixed for such order to take effect, copies of the same certified by the secretary to the commission shall be filed in the office of the clerk of each county containing a district or any part of a district to which the prohibition or regulation applies. At least thirty days before such order shall take effect the commission shall cause the same to be published in a newspaper published in each county wherein such prohibition or regulation shall apply.

5. Penalties. Any person violating the provisions of such order 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 im-' prisoned for not more than thirty days, or both, for each offense, and in addition shall be liable to the penalties hereinafter provided for taking fish, birds or quadrupeds in the close season. "[As amended by chapter 508, Laws of 1913.]

§ 153. Fish and game closes. The commission may, on the request of a majority of the town board of any town, by order prohibit or regulate the taking of birds or game on lands set aside, with the consent of the owner or owners thereof, as bird and game refuges for a period of not to exceed ten years. On a like request, when fish have been or shall be placed in waters of a town at the expense of the state, the commission may by order prohibit or regulate the taking of fish from such waters, for a period of not to exceed three years. At least thirty days before such order shall take effect, a copy of the same certified by the secretary to the commission shall be filed in the office of the clerk of the town in which the prohibition or regulation applies. Printed notices at least one foot square that such lands or streams have been closed, shall be posted along the boundaries of the land, or along the shores or banks of the waters affected not more than fifty rods apart measured along the said boundaries and along said banks.

Any person who shall violate or attempt to violate any such order 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 thirty days, or both, for each offense and in addition shall be liable to the penalties hereinafter provided for taking fish, birds or quadrupeds in the close season. An affidavit of the fact of such stocking with fish or of posting such notices or a certification of such facts by a game protector wiien filed in the office of the commission shall be presumptive evidence of the facts stated therein and a copy of either when certified by the secretary to the commission shall be competent evidence in any action or proceeding for enforcement of any of the provisions of this section.

§ 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 ftsh ; birds or quadrupeds, or parts thereof, shall be seized and confiscated in the 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 pit. 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 regu ict Lions 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 within one hundred feet of any leader or net in use by the state shall be guilty of a misdemeanor.

§ 156. Power to purchase fish eggs. The 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 by gift, purchase or capture. The commission may acquire by gift, purchase or capture a sufficient number of beaver, deer, moose or elk to stock the Adirondack region, and may care for and yard the same temporarily and liberate them in such region and at such times and places as it deems most 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. License to collect or possess for propagation, scientific or exhibition purposes. 1. The commission may issue a license revocable at its pleasure to any person, permitting the holder to collect or possess fish, aquatic animals, quadrupeds, birds, birds' nests or eggs for propagation, scientific or exhibition purposes. Before such license 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 license and 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 license for purposes .not herein set forth.

2. The commission may also issue a license revocable at pleasure to any person, permitting such person to possess any species of fish, game birds, aquatic animals or quadrupeds, protected by this chapter, for propagation purposes, upon payment of a license fee of one dollar. The commission may, in its discretion, require a bond from such person, in such sum as the commission may determine, conditioned that he will not avail himself of the privileges of said license for purposes not herein set forth.

The commission may issue permits to enable persons to ship fish, aquatic animals, game and quadrupeds lawfully taken and possessed for propagation, scientific or educational purposes, under such regulations as the commission may prescribe.

Fish, aquatic animals, quadrupeds and game lawfully possessed under this section may be sold at any time, by any person receiving a license under this section for propagation, scientific, educational or exhibition purposes only.

Persons receiving a license under this section must report the result of operation thereunder annually to the commission, at the expiration of the license. Such license shall be in force for one year only from the date of issue and shall not be transferable.

[As amended by chapter 508, Laws of 1913 and chapter 92, Laws of 1914.]

§ 160. Publication of laws relating to fish and game. As soon as practicable after the adjournment of the legislature in each year, the commission shall make a compilation of the laws relating to fish and game as amended at the date of such compilation, and properly index the same. Copies of said compilation sufficient in number for the purposes of this section shall be printed in pamphlet form of pocket size, under the direction of thp clerks of the senate and assembly, and such clerksshall 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

16 Conservation Lair.

commission to prepare and issue a syllabus of the said laws and to deliver to county, city and town clerks a supply sufficient for furnishing one copy to each person procuring a hunting or trapping license and each such person shall be entitled to one copy of said syllabus.

§ 161. 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. Xumber and designation.

166. Rating of game protectors.

167. Game protectors to give bonds.

168. Compensation of game protectors.

169. Powers of game protectors.

170. Records and reports.

171. Special game protectors.

172. Sheriffs and constables.

173. Suits against protectors.

§ 165. Number and designation. The commission shall appoint one hundred and twenty -five game protectors. The commission shall appoint 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 chief game protector shall have general supervision and control of all protectors. The positions of chief game protector, deputy chief game protector, division chief protectors, fisheries protectors, the protector for the Saint Lawrence river and the other game protectors provided for by this section shall hereafter be classified in the competitive class of the classified civil service.

[As amended by chapter 508, Laws of 1913 and chapter 92, Laws of 1914.]

§ 186. 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.

§ 169. 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 offenses against any of the provisions of said law; to make search where they have cause to believe that fish, birds or quadrupeds, or any parts thereof, are 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 any 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 special game protectors. 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. No person shall be eligible for such appointment until he shall have passed a non-competitive examination conducted under authority of the commission.

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

§ 173. Suits against protectors. It shall be the duty of the attorney-general on request of any regular game protector, accompanied with the approval of the commission, to appear in and defend as attorney any action or proceeding prosecuted against the protector for or on account of any act of his done while holding such office and when such act was, in the opinion of the attorney-general, done in discharge of the protector's official duty or in reasonable exercise of his authority.

[New. Inserted by Chap. 508, Laws of 1913.]

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 trans-

portation of fish and game restricted.

177. Manner of taking fish and game.

178. Transportation.

179. Transportation, sale, special.

180. Prohibited, sale of certain birds.

181. Presumptive evidence. 1S2. Penalties.

§ 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 6tate. 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, feubject to the restrictions and provisions of law.

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

§ 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. Any duly organized association for the protection of game may run field trials for dogs at any time upon obtaining written permission from the "Conservation Commission.

2. Manner of taking fish. Fish, except migratory

24 Conservation Laio.

food fish of the sea, shall only be taken by angling, unless otherwise specifically permitted by this article. In case any fish or crustacea is unintentionally taken contrary to the prohibitions or restrictions contained in any of the provisions of this article, such fish or crustacea shall be immediately liberated and 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, they shall neither be sold, bought or otherwise trafficked in.

§ 178. Transportation.

Subd. 1. Common carriers. No common carrier or employee of such carrier shall, while engaged in such " business, transport as owner of any fish or game or parts thereof of species which may not be lawfully sold at any time. Nor shall such carrier or person knowingly receive or possess the same for shipment for another whether contained in a package or unpacked if no shipping permit is attached as required in this section.

Subd. 2. Transportation and exportation of fish and game lawfully salable. Any person may transport in any manner within this state or from a point within to a point without during the open season therefor, and in any number, wild quadrupeds, birds or fish of species which may be lawfully sold.

Game or fish raised in private hatcheries or preserves and carcasses of birds and mammals from -without the United States and which may be lawfully imported and sold, when marked and tagged as provided in part twelve of this article, may be transported within and from a point within to a point without this state in any number and by any means.

Subd. 3. The same; of fish and game not lawfullysalable. Any person may transport within this state or from a point within to a point without otherwise than by common carrier or parcel post and during the open season therefor wild quadrupeds, birds or fish but not more in any one day than the number thereof which may be lawfully taken in one day by one person when of species which may not be lawfully sold at any time except as otherwise provided in section one hundred and ninety hereof.

The taker may transport within this state or from a point within to a point without by common carrier except by parcel post, and during the open season therefor, wild quadrupeds, birds or fish but not more in any one day than the number thereof which he may lawfully take in one day when of species which may not be lawfully sold at any time provided the same or the package containing them shall have attached thereto before shipment, with the blanks properly filled in by him, a shipping permit issued by the commission except as otherwise provided in section one hundred and ninety hereof. The form of such permit shall be determined by the commission.

Subd. 4. Importation of fish and game not lawfully salable. The taker may, between the sixteenth day of September and the first day of January following, both inclusive, bring into this state otherwise than by common carrier or parcel post wild game or fish which may be lawfully brought from the place where taken and when lawfully taken by him and at a distance not less than fifty miles from the border of this state, if of species which may not be lawfully sold in this state at any time provided he accompanies the same and shall have with him a license issued by the commission permitting such importation.

The taker holding such importation license may in the same case import into this state by common carrier except by parcel post, such wild game or fish provided the same or the package containing them shall have affixed thereto, before shipment, a shipping permit issued, attached and filled in as provided in subdivision three of this section.

The taker without holding such importation license but who accompanies the same may bring into this state otherwise than by common carrier or parcel post during the open season therefor provided herein and if lawfully brought from the place where taken and when lawfully taken by him at any point without the state, wild game or fish when of species which may not be lawfully sold within this state at any time, or the same may be shipped by him by common carrier except by parcel post, but in that case the requirement of subdivision three of this section as to shipping permits shall apply.

Such wild game or fish when imported into this state as permitted under this subdivision may be possessed during the said periods.

Subd. 5. The same; of fish and game lawfully salable. Importation and transportation by any means and in any number during the open season therefor of wild game or fish the sale of which is permitted by this article shall be lawful except as otherwise expressly provided therein.