網頁圖片
PDF
ePub 版

lation of this section by such common carrier. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird killed, trapped, snared or possessed contrary to the provisions of this section. Id., § 76.

77 Plover and other birds; close season. Wilsons, commonly known as English snipe, plover, rail, mud-hen, gallinule grebe, bittern, surf-bird, curlew, water chicken, bay snipe, or shore bird shall not be shot at, hunted, killed or possessed during the months of May, June, July and August. The provisions of this section shall not apply to Long Island. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird killed, trapped or possessed contrary to the provisions of this section. Id., § 77.

78 Certain wild birds protected. Wild birds shall not be killed or caught at any time or possessed after the same are dead. This provision does not affect any birds the killing of which is prohibited between certain dates by the provisions of this act, nor does it protect the English sparrow, crow, hawk, crane, raven, crow blackbird, common blackbird and kingfisher; and it does not apply to any person holding a certificate under the provisions of this act. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird killed, trapped or possessed contrary to the provisions of this section. Id., $ 78.

79 Meadow larks; close season. Meadow larks shall not be shot at, killed or possessed after they are dead, at any time. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird killed, trapped or possessed contrary to the provisions of this section. The provisions of this section shall not apply to Long Island. Id., § 79.

80 Destroying or robbing nests. The nests of wild birds shall not be robbed or willfully or needlessly destroyed unless when necessary to protect buildings or prevent their defacement. This section does not apply to the English sparrow, hawk, crane, crow, raven, crow blackbird and common blackbird or kingfisher. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of a misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each nest robbed or destroyed contrary to the provisions of this section. Id., $ 80.

81 Snaring, netting or trapping certain game birds forbidden. English pheasants, ruffed grouse, commonly known as partridge, or any member of the grouse family, or quail, shall not be trapped, netted or snared, nor shall any person possess any of said birds so taken, nor shall any net, trap or snare of any kind commonly used for taking ruffed grouse, or any member of the grouse family, or quail, be set. Any such net, trap or snare is declared to be a public nuisance and may be abated and summarily destroyed. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird killed, trapped, snared or possessed contrary to the provisions of this section. Id., $ 81.

82 Mongolian ring-necked pheasant. No person shall kill, expose for sale or have in his or her possession after the same has been killed, any wild Mongolian ring-necked pheasant (phasius torquatus) prior to the year nineteen hundred. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird killed, trapped, snared or possessed contrary to the provisions of this section. The provisions of this section shall not apply to the county of Suffolk. Id., $ 82, as am'd L. 1896, c. 180.

83 Authority to collect birds, etc., for scientific purposes. Certificates may be granted by any incorporated society of natural history in the state or by the regents of the university of the state of New York, through such persons or officers as said society may designate, to any properly accredited person of the age of eighteen years or upwards, permitting the holder thereof to collect birds, their nests, or eggs for strictly scientific purposes only. In order to obtain such certificate the applicant for the same must present to the person or persons having the power to grant said certificates written testimonials from two well-known scientific men, certifying to the good character and fitness of said applicant to be intrusted with such privilege. L. 1892, c. 488, § 83. · 84 Steps to be taken to procure certificates. Such person except officers of the New York state museum, must pay to said persons or officers one dollars to defray necessary expenses attending the granting of such certificate, and must file with said persons or officers a properly executed bond in the sum of two hundred dollars, signed by two responsible citizens of the state as sureties. This bond shall be forfeited to the state and the certificate become void upon proof that the holder of such certificate has killed any bird or taken the nest of eggs of any bird for other than the purposes above mentioned. Id., § 84.

85 Time for which certificates shall be in force. Such certificates shall be in force for one year only from the date of their issue and shall not be transferable. Id., § 85.

85a Killing, shooting or malming homing pigeons a misdemeanor. ' That on and after the passage of this act it shall be unlawful for any person or persons to shoot, maim or kill any Antwerp or homing pigeon, either while in flight or at rest, and any person guilty of killing, shooting, or maiming such pigeon or pigeons, as aforesaid, shall be guilty of a misdemeanor, and upon conviction thereof shall, for every such offense, pay a fine of not less than ten nor more than twenty-five dollars. L. 1892, c. 561, § 1.

85b Same: detaining or trapping. That on and after the passage of this act it shall be unlawful for any person or persons to detain or entrap any Antwerp or homing pigeon, provided, however, that such Antwerp or homing pigeon shall have the name of its owner stamped upon its wing or tail, or wear a ring or seamless leg band with its registered number stamped upon it, and any person or persons so detaining such pigeon or pigeons, shall be guilty of a misdemeanor, and upon conviction thereof, shall, for every such offense, pay a fine of not less than ten nor more than twenty-five dollars. Id., § 2, as amd L. 1896, c. 824.

85c Same: removing ring or leg band. That on and after the passage of this act, it shall be unlawful for any person or persons, to remove the ring or seamless leg band with its registered number from any Antwerp or homing pigeon, to which he or they can not prove ownership, and any person or persons removing such a ring or leg band from such pigeon or pigeons shall be guilty of a misdemeanor, and upon convietion thereof shall, for every such offense pay a fine of not less than ten nor more than twenty-five dollars. Id., § 3, added by L. 1896, C. 824.

ARTICLE V, as Am'd L. 1895, c. 974.

Fish. § 100. Polluting Streams.

101. Taking Fish by Drawing off Water Forbidden.
102. Unlawful Devices and Explosives Prohibited.
103. Wators not to be Stocked from Streams.
104. Fishing Through the Ice in Waters Inhabited by Trout, etc., Forbidden.
105. Trout; Close Season.
106. Trout not to be Taken Unless Sir Inches in Length.
107. Trout, etc., not to be Disturbed While Spawning.
108. Salmon Trout and Land-locked Salmon, Close Season.
109. Certain Fish not to be Transported.

$ 110. Black Bass and Oswego Bass, Pickerel and Wall-eyed Pike in Saint Law

rence River, Close Season. 111. Bass not to be Taken Less than Eight Inches in Length. 112. Muskallonge, Close Season. 113. Salmon, Close Season. 114. Salmon not to be Taken Less than Eighteen Inches in Length. 117. Signboards near Fishways. 118. Fishing near Fishways Prohibited. 121. Salt-water Striped Bass. 122. Striped Bass, Close Season.

100 Polluting streams. No dyestuff, coal tar, refuse from gas houses, sawdust, shavings, tanbark, lime or other deleterious or poisonous substances shall be thrown or allowed to run into any of the waters of this state, either private or public, in quantities destructive to the life of fish inhabiting the same. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof. L. 1892, c. 488, § 100.

101 Taking fish by drawing off water and by other devices forbidden; exception. No fish shall be taken by shutting or drawing off water for that purpose; provided, however, that the commissioners of fisheries, game and forest may give permission to persons owning or in charge of private ponds, reservoirs or the waters of the state, the privilege of taking therefrom carp, pickerel or other deleterious fish with nets or other devices, or by drawing off the waters from said ponds or reservoirs. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of a misdemeanor and, in addition thereto, shall be liable to a penalty of one hundred dollars for each violation thereof and ten dollars for each fish so taken. Id., § 101, as am'd L. 1896, c. 462.

102 Unlawful devices and explosives prohibited. The use of dynamite or other explosives in any of the waters of the state is prohibited except for mining and mechanical purposes. The possession by any person on the shores or islands of the inland waters of this state of dynamite or other explosives where the use of the same is prohibited by this section, shall be deemed a violation thereof. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and on conviction thereof shall be imprisoned for a period of not less than thirty days, and in addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof. Id., § 102.

103 Stocking private ponds with salmon, etc. No trout of any kind, salmon trout or land-locked salmon, shall be taken from any of the waters of this state for the purpose of stocking a private pond or stream, except that the owner of such private pond may, upon the written consent of the fisheries, game, and forest commission, take any such fish from any stream of water running through premises owned by him, solely for the purpose of being placed in such private pond. Whoever shall violate, or attempt to violate the provisions of this section shall be deemed guilty of a misdemeanor, and, in addition thereto, shall be liable to a penalty of twenty-five dollars for each violation thereof, and ten dollars for each fish so taken. Id., § 103, as am'd L. 1896, c. 368.

104 Fishing through the ice in waters inhabited by trout, etc., forbidden. No fish shall be fished for, caught or killed through the ice in any waters inhabited bv trout, salmon trout or land-locked salmon during the closed season for the taking of such fish. The provisions of this section do not apply to Lake Ontario, Lake Erie, the Hudson and Niagara rivers, nor to Silver lake in the county of Wyoming from the first day of January to the fifteenth day of February, both inclusive. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for each violation thereof and ten dollars for each fish so caught or possessed. Id., $ 104, as am'd L. 1896, c. 367.

105 Trout; close season. Trout of any kind shall not be fished for, caught, killed or possessed except from the sixteenth day of April to the thirty-first day of August, both inclusive. This section shall not apply to Long Island. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each violation and ten dollars for each fish so caught or possessed. L. 1892, c. 488, § 105. The following section of L. 1880, c. 531, has not been specifically repealed, and may still be

in force. 1052 Close season for California trout. No person shall take, catch or kill any California trout in any of the waters of this state, in any way or by any device, between the fifteenth day of May and the first day of September. No person shall knowingly sell or purchase or have in possession any California trout killed, taken or caught in the waters of this state during the period aforesaid. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and, in addition thereto, shall be liable to a penalty of twenty-five dollars for each offense. L. 1880, c. 531, $ 7.

106 Trout not to be taken unless six inches in length. Trout of any kind, salmon trout or land-locked salmon, less than six inches in length, shall not be intentionally taken or possessed, and in case any such fish is caught or taken, the person taking it shall immediately place such fish back in the waters from which it was taken, without unnecessary injury. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of ten dollars for each fish so taken or possessed. L. 1892, c. 488, § 106.

107 Trout, etc., not to be disturbed while spawning. Trout of any kind, salmon trout or land-locked salmon shall not be willfully molested or disturbed while upon their spawning beds during the close season, nor shall such fish or any spawn or milt from any such fish be taken or carried away while upon the spawning beds. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each fish so taken, possessed or carried away. Id., § 107.

108 Salmon trout and land-locked salmon, close season. Salmon trout, sometimes known as lake trout, and land-locked salmon, shall not be caught or killed in the inland waters of this state, except from the first day of May to the thirtieth of September, both inclusive; provided, however, that it shall be lawful to possess and sell at any time salmon trout, or land-locked salmon, if said fish have not been taken from the inland waters of this state during the close season, but possession of such fish during such close season is forbidden and shall be deemed a violation of this section, unless it be proved by the possessor that such fish were not caught in such inland waters during the close season. The provisions of this section shall not apply to Long Island. Whoever shall violate the provisions of this section, shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each violation and ten dollars for each fish so caught, killed or possessed. Id., § 108.

109 Certain fish not to be transported. Trout of any kind, salmon trout or land-locked salmon, caught in any of the inland waters of this state, shall not be transported to any point within or without the state from or through any of the counties thereof, or possessed for that purpose, except when accompanied by the owner. Possession thereof by a common carrier or by any person in its employ then actually engaged in the business of such common carrier unaccompanied by the owner shall constitute a violation of this section by such common carrier. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each violation and ten dollars for each fish so caught or possessed. Id., § 109.

110 Black bass, Oswego bass, pickerel, pike or wall-eyed pike; close season. Black bass or Oswego bass, shall not be fished for, caught, killed or possessed except from the thirtieth day of May to the thirty-first day of December, both inclusive, and shall not be fished for, caught or killed in Lake George or Schroon lake, except from the first day of August to the thirty-first day of December, both inclusive, and shall not be fished for, caught or killed in the Schoharie river or in Foxes creek within three years from the thirty-first day of May, eighteen hundred and ninety-six, except in the month of August. Pickerel, pike, or wall-eyed pike, shall not be fished for, caught, killed or possessed except from the first day of May to the thirty-first day of January, both inclusive, except as provided in section one hundred and forty-one. Provided, however, that the commissioners of fisheries, game and forest shall have power to permit the taking or destruction of pickerel at any time in the waters inhabited by trout. The provisions of this section shall not apply to the Saint Lawrence between Tibbet's point lighthouse and the city of Ogdensburgh. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each fish so caught, killed or possessed. Every person fishing in the Schoharie river or in Foxes creek, or having fish in his possession caught in either of said waters, shall, whenever requested by any fish and game protector, or by any sheriff, deputy sheriff, constable, game constable or police constable, permit such officer to inspect and examine the fish taken by him or in his possession or control or in the boat, basket, creel, lock-up, or other thing occupied or possessed by him, and in case of his refusal to permit such inspection or examination he shall be liable to a penalty of twenty-five dollars for each such refusal, and such officer making such request shall have power, and he is hereby authorized, without a search-warrant, to at once proceed and make such inspection and examination of said fish, boat, basket, creel, lock-up or other thing in his possession or control, and to use such force as may be necessary for such purpose. Such refusal, if in the open season in said waters, shall be presumptive evidence that such person so refusing had intentionally taken from said waters, in said open season, and kept and not returned thereto, one black bass less than eight inches in length, in violation of this article, and if in the closed season in said waters, that he has taken one black bass from said waters during such closed season, in violation of the provisions of this section. Id., § 110, as am'd L. 1896, c. 531.

111 Black bass not to be taken less than eight inches in length. No black bass, less than eight inches in length, shall be intentionally taken from any of the waters of this state, nor possessed, and in case any such fish is caught or taken the person taking it shall immediately return it to the waters from which it was taken without unnecessary injury. The provisions of this section shall not apply to the Saint Lawrence river between Tibbet's point lighthouse and the city of Ogdensburgh. Whoever shall violate the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of ten dollars for each fish so taken or possessed. Id., § 111, as am'd L. 1896, c. 531.

112 Muskallonge; close season. Muskallonge shall not be fished for, caught or possessed, except from the thirtieth day of May to the last day of February, both inclusive. The provisions of this section shall not apply to the Saint Lawrence river between Tibbet's point lighthouse and the city of Ogdensburgh. Whoever shall violate, or attempt to violate, the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each violation, and ten dollars for each fish so caught, killed or possessed. Id., § 112, as am'd L. 1896, c. 531.

113 Salmon; close season. Salmon shall not be fished for, caught or killed between the fifteenth day of August and the first day of March following, nor shall such fish taken between those dates in this state be possessed. Whoever shall violate or attempt to violate the provisions of this section shall be deemed

« 上一頁繼續 »