Fish, General Provisions. §§ 39-40 port the same without the state. Any person doing any act with reference to such birds or game in aid of such taking or transportation with knowledge of the intention to so transport the same shall be deemed to have violated this section. (Added by chap. 235 of 1900.) 39. Penalties.-A person who violates any provision of this article is guilty of a misdemeanor, and is liable to a penalty of sixty dollars and to an additional penalty of twenty-five dollars for each bird, or part of bird taken or possessed in violation thereof. (As amended by chap. 741 of 1900.) ARTICLE III. FISH, GENERAL PROVISIONS. SECTION 40. Trout, close season. 41. Trout, close season, special. 42. Trout, not disturbed while spawning. 43. Waters inhabited by trout. 44. Lake trout, close season. 45. Black bass, close season, size and catch. 46. Black bass, special. 47. Pickerel and pike. 48. Muskallonge, close season. 49. Salmon. 50. Saltwater striped bass. 51. No fishing near fishways. 52. Polluting streams. 53. Pollution of water used by state fish hatcheries. 54. Drawing off water forbidden. 55. Streams not to be obstructed. 56. Explosives prohibited. 57. Waters not stocked from streams. 58. No fishing through ice. 59. Exceptions to last section. 60. Certain fish not to be transported. 61. Eel weirs and eel pots. 62. Taking minnows for bait. 63. Fish taken by angling; meshes of nets. 64. Frost fish and white fish taken with nets. 65. Nets to be licensed. 66. Thumping. 69. Penalties. 840. Trout; close season.-The close season for trout shall be from September first to April fifteenth both inclusive. Trout shall not be sold or possessed in any county during the season that is closed throughout the entire county, except as provided in section one hundred and nine. Trout less than six inches in length shall not be taken or possessed, and if taken shall without avoidable injury be immediately returned to the waters where taken. 841. Trout; close season; special. The close season for trout in Spring Brook creek in the counties of Monroe and Livingston, shall be from September first to March twenty-eighth, both inclusive; in the brooks in the towns of Gilboa and Conesville, Schoharie county, except the Schoharie river, from August first to April thirtieth, both inclusive; in all the brooks, streams and waters inhabited by trout in the counties of Cattaraugus, Chautauqua and Allegany, from July sixteenth to April fifteenth, both inclusive. (As amended by chap. 598 of 1900.) § 42. Trout not disturbed while spawning.-Trout and lake trout on spawning beds in the close season, shall not be willfully disturbed, nor shall their spawn or milt be taken from the spawning beds. § 43. Waters inhabited by trout. Fish shall not be taken in fresh waters inhabited by trout, except by angling. $44. Lake trout; close season. The close season for lake trout shall be from October first to April thirtieth, both inclusive, except in lakes Erie and Ontario, where there shall be no close season; and except in the counties of Dutchess, Ulster, Sullivan, Orange, Rockland, Putnam, Westchester and Richmond, where the close season shall be from July first to March thirty-first, both inclusive. Lake trout less than fifteen inches in length shall not be intentionally taken or possessed, and if taken, shall, without avoidable injury, be returned to the waters where taken. 845. Black bass; close season; size and catch.-The close season for black bass shall be from January first to June fifteenth, both inclusive. Black bass less than ten inches in length shall not be intentionally taken, and if taken, shall without injury be immediately returned to the waters where taken. No person shall take more than twenty-four black bass in one day. Whenever two or more persons are angling from the same boat, they shall not take more than thirty-six bass in one day. Black bass shall not be possessed in any county during the season that is closed throughout the entire county, or when they are unlawfully taken. 46. Black bass; special. The close season for black bass shall be in the Saint Lawrence river and in waters in Jefferson Fish, General Provisions. §§ 47-49 county from January first to June ninth, both inclusive; in Lake George and Schroon lake from December sixteenth to July thirtyfirst, both inclusive; in Salmon river in the town of Fort Covington between the Canada line and a dam on said river know as A. Wright or the Fort Covington Milling Company's dam in the village of Fort Covington and in the Saint Regis river in the town of Bombay, in Franklin county, between the Canada line and a dam in the village of Hogansburg known as the Mill's and Lantry dam, from November fifteenth to May first, both inclusive. Black bass shall not be taken from the waters of Orange lake in Orange county in the night from one hour after sunset until one hour before sunrise. No person shall take more than twelve black bass in the Saint Lawrence river in one day, and whenever two or more persons are angling from the same boat, they shall not take more than twentyfour bass in one day. 847. Pickerel and pike.- Pickerel and pike shall not be taken or possessed from March first to April thirtieth, both inclusive, provided that during the close season any person may buy, possess or sell pickerel or pike taken without the state if such person shall have a license from the commission so to do, issued after giving a bond to the people of the state, approved by the commission, conditioned for the payment of the sum of five hundred dollars if such person shall while the license is in force, buy, possess or sell any pickerel or pike taken within the state, or shall at any time refuse or deny to the commission or any member or officer thereof, a full examination of his books and papers relating to the purchase and sale of fish, or shall at any time when required by the commission, fail to furnish the original invoice or invoices, freight or express receipts used in the transportation thereof upon delivery to such person; and provided further that any person purchasing during the close season of a dealer giving such bond, may possess the same. The commission may permit the taking or destruction of pickerel at any time in waters inhabited by trout. § 48. Muskallonge; close season.— Muskallonge shall not be taken or possessed from March first to May thirtieth, both inclusive, except as provided in section eighty-three. (As amended by chap. 608 of 1900.) § 49. Salmon.- Salmon shall not be taken or if taken in this state possessed from August fifteenth to March first, both inclusive. amo 19010. 608 § 50. Salt water striped bass.- Salt water striped bass ess than eight inches in length shall not be intentionally taken at any time. Striped bass shall not be intentionally taken from the Hudson river by a net between March thirty-first and July first, both inclusive. If taken in either case, the same shall be immediately returned to the water where taken without avoidable injury. 851. No fishing near fishways.-The commission shall maintain fifty rods from every fishway erected by the state in public waters on both sides of the stream above and below the fishway, sign boards containing substantially the following notice: "Fifty rods to the fishway; all persons are prohibited by law from fishing in this stream between this point and the fishway." No person shall take fish within fifty rods of any such fishway. § 52. Polluting streams.— No dyestuff, coal tar, refuse from a gas house, sawdust, shavings, tanbark, lime or other deleterious or poisonous substance shall be thrown or allowed to run into any waters, either private or public, in quantities destructive of fish inhabiting the same. § 53. Pollution of water used by state fish hatcheries.- No person shall erect or maintain any privy, water-closets, pigsty, hogpen, enclosure for poultry, barn or barnyard in which animals or poultry are kept, or drain from any building or the cellar thereof, where drainage or refuse therefrom will flow into or find its way into water used by any fish hatchery operated by the state, or into any pond, creek or stream used in connection therewith. Every such privy, water-closet, pigsty, hogpen, enclosure, barn, barnyard and drain is hereby declared to be a public nuisance and may be summarily abated by the commission. No person shall place sewage or other matter injurious to fish where the same can find its way into water used by any fish hatchery operated by the state, or suffer the same to be done from, over or through premises owned or occupied by him. § 54. Drawing off water forbidden.— Fish shall not be taken by shutting or drawing off water for that purpose. But the commission may permit owners or persons in charge of private ponds, reservoirs or waters of the state, to remove therefrom carp, pickerel or other fish by any device. 855. Streams not to be obstructed.- Except as provided in section sixty-one, no person shall by means of any rack, screen, weir Fish, General Provisions. §§ 56-60 or other obstruction in any creek, stream or river, prevent the passage of fish protected by law. § 56. Explosives prohibited. Fish shall not be taken by means of explosives. Except for mining or mechanical purposes, dynamite or other explosives shall not be used in any of the waters of this state, or possessed upon the shores or islands of inland waters thereof. Possession thereof by any person on the shores or islands of inland waters of this state shall be presumptive evidence that the same is possessed for use in violation of the provisions of this section. § 57. Waters not stocked from streams.—Trout or lake trout shall not be taken from any of the waters of the state for the purpose of stocking private ponds or streams, but an owner of a private pond may with the written consent of the commission, stock the same with fish from a stream on his own premises. § 58. No fishing through ice.— Fish shall not be taken through the ice in waters inhabited by trout or lake trout during the close season therefor. This section shall not apply to Lakes Ontario and Erie or to the Hudson, Niagara and Saint Lawrence rivers; or from January first to February fifteenth, both inclusive, to Silver lake in Wyoming county. $59. § 59. Exceptions to last section. - Bullheads, catfish, eels, perch and sunfish, and except during the months of March and April, pickerel may be taken through the ice with a hook and line or tip-ups, in Lake Keuka or Crooked lake, Queechy lake, or the waters of Sullivan county not inhabited by trout and in lake Neatahwanta, Oswego county; in Owasco lake from the head thereof to a line running across the lake from a ravine just south of the cottage now owned by E. C. Pulver on the west shore to the ravine just north of the cottage now owned by James Foster on the east shore thereof; and in Silver lake, Honeoye lake, Canadice lake and Conesus lake except in March and April; and by set lines through the ice in the Susquehanna river and in the Chenango and Unadilla rivers and their tributaries in Chenango county during the same time. § 60. Certain fish not to be transported.- Lake trout taken in inland waters and trout shall not be transported in this state except when accompanied by the actual owner. No person shall transport or accompany at any one time more than twelve pounds of Possession of lake trout or trout by a common carrier or em trout. |