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. L. 1892, c. 488, § 113.

114 Salmon not to be taken less than eighteen inches in length. No salmon less than eighteen inches in length shall be intentionally taken alive 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 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 twenty-five dollars for each violation and ten dollars for each fish so taken, killed or possessed. Id., § 114.

117 Signboards near fishways. The commissioners of fisheries, game and forest are required to maintain, fifty rods from any fishway erected by the state, and on both sides of the stream, signboards containing substantially the following notice: Fifty rods to the fishway; all persons are by law prohibited from fishing in this stream between this point and the fishway." The provisions of this section shall apply to public waters only. Id., § 117.

66

118 Fishing near fishways prohibited. Fishing or attempting to take fish by any device whatever, within fifty rods of such fishway, erected by the state, and any interference with the signboards there maintained by the commissioners of fisheries, game and forest, is forbidden. 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 taken, killed or possessed. Id., § 118.

121 Salt-water striped bass. No salt-water striped 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 taken, the person so taking it shall immediately place such fish back into the water 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 twenty-five dollars for each violation and ten dollars for each fish so taken, killed or possessed. Id., § 121.

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

Miscellaneous Provisions.

§ 130. Certain Fish not to be Placed in the Waters of the Adirondacks.

131. Saint Lawrence River, Niagara River and Lake Champlain, Fishing by Certain Devices Prohibited.

132. Lake Ontario, Lake Erie, and Cattaraugus Creek, Fishing by Certain Devices Prohibited.

134. Meshes of Nets in Lakes Erie, Ontario and Cattaraugus Creek.

136. Taking Shad, Herring and Other Fish in the Hudson and Delaware Rivers

and Other Waters.

137. Salmon Taken in Nets from the Hudson River to be Thrown Back.

138. Richmond County and New York or Raritan Bay; Regulations as to Nets.

139. Nets not to be Used in the Harlem River.

140. Exceptions as to Saint Lawrence and Warren Counties.

141. Certain Fish may be Caught Through the Ice in Lakes Named.

143. Eel-weirs.

145. Taking Minnows for Bait.

146. Size of Meshes in Coney Island Creek Regulated.

149. Frost Fish and White Fish may be Taken with Nets in Certain Lakes. 150. Fishing with Nets and Other Devices.

151. Nets to be Licensed.

152. Thumping.

153. Exceptions as to Commissioners of Fisheries, Game and Forest.

130 Certain fish not to be placed in the waters of the Adirondacks. No fish, fish fry, spawn or milt, except speckled trout, brook trout, brown trout, salmon trout, rainbow trout, Adirondack frost fish or land-locked salmon, shall be placed in the waters of the Adirondack region except under the immediate supervision and in pursuance of a resolution of the commissioners of fisheries. 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 five hundred dollars for each violation thereof. Id., § 130.

131 Saint Lawrence river, Niagara river and Lake Champlain, fishing by certain devices prohibited. No fish shall be fished for, caught or killed in any manner, or by any device except angling in the waters of Saint Lawrence river, Niagara river nor in Lake Champlain in this state, except that it shall be lawful to fish with seines, machines or traps in that portion of the waters of Niagara river adjacent to and included within the limits of the town of Lewiston, county of Niagara, for the purpose of catching fish of all kinds, except black bass, yellow pike, salmon trout, whitefish, pickerel and muskallonge, during the same months in the year in which it is lawful for a citizen of the dominion of Canada to fish in like manner and for a like purpose in that portion of the waters of said river within said dominion adjacent or opposite to those herein last aforesaid; provided, however, that no such seine, machine or trap shall be used for fishing purposes without first obtaining a license to use the same from the commissioners of fisheries, game and forests, who, upon application of a person entitled thereto, as provided herein, may grant such license upon payment of five dollars a year for each and every seine, machine or trap licensed. No license, however, shall be granted to any person except citizens of the United States of America, and except that it shall be lawful to take bullheads, eels, suckers, catfish and pike or pickerel in Lake Champlain, except during the months of March, April and May, and in the waters of Niagara river during the months of November, December, January and March it shall be lawful to take all fish excepting black bass and muskallonge with a seine, providing that permission so to do has been first obtained from the commissioners of fisheries, game and forests, and fish taken contrary to the provisions of this section shall not be knowingly possessed. No fish. shall be taken from the waters of Silver lake or the marshes adjoining such lake, by any means or device whatever, during the months of March and April. Whoever shall violate or attempt to violate the provisions of this act shall be deemed guilty of misdemeanor, and in addition thereto, shall be liable to a penalty of one hundred dollars for each violation thereof. Id., § 131, as am'd L. 1896, c. 783. 132 Lake Ontario, Lake Erie and Cattaraugus creek, fishing by certain devices prohibited. No fish shall be fished for, caught or killed in any manner or by any device except angling, in the waters of Lake Erie, within one-half of a mile of the shores thereof, or of any of the islands therein, nor in the Cattaraugus creek, or within five miles of the mouth thereof, or of any island therein; nor in Lake Ontario, within one mile of the shore, or of any island therein, nor within three miles of the mouth of the Niagara river, the waters of Lake Ontario in the county of Jefferson, included between Blue Rock Point, in the town of Brownville, and the town line between the towns of Lyme and Cape Vincent, including Chaumont bay, Griffin bay and Three Mile bay, in the county of Oswego, between the northerly line of the town of Mexico and Jefferson county line, are hereby exempt from the provisions of this act, but sections one hundred and ten, one hundred and eleven and one hundred and sixty-eight of this act shall apply to said waters. Fish taken contrary to the provisions of this section shall not be knowingly possessed. Whoever shall violate or attempt to violate the provisions of this section shall be guilty of misdemeanor and in addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof. Id., § 132.

134 Meshes of nets used in Lakes Erie and Ontario and Cattaraugus creek. The meshes of nets used in Lake Erie and Lake Ontario and Cattaraugus creek shall not be less than one and one-eighth inch bar. Whoever shall violate or at

tempt 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, § 134.

136 Taking shad, herring and other fish in the Hudson and Delaware rivers, and other waters. Shad, herring and other fish shall not be taken from the Hudson or Delaware rivers or Rondout creek with nets of any kind. Shad and herring shall not be taken from Rondout creek or the Hudson or Delaware rivers between the fifteenth day of June and the fifteenth day of March following; between the fourteenth day of March and the fifteenth day of June shad and herring may be taken from said waters by nets; but said nets shall not be drawn nor fish taken therefrom between sunset on Saturday night and sunrise on Monday morning, unless by reason of the inclemency of the weather said nets cannot be drawn prior to sunset on Saturday night, in which case it shall be lawful to take fish therefrom as soon as the weather will permit, and between the first day of September and the thirtieth day of May following, bullheads, catfish, suckers, eels, pickerel, sturgeon, white and yellow perch, may be caught by means of hoopnets, fykes, and gill-nets, in the Hudson river, Wallkill creek and in Rondout creek, below the dam at Eddyville and in Wappingers creek, and in the Ten Mile river in the town of Dover, nets shall not be set or used north of the dam at Troy between June first and September first; sturgeon may also be taken in the waters of the Hudson river with sturgeon nets of not less than seven inches. Nothing in this section shall be construed to prohibit the catching of fish with hook and line in Rondout creek at any time. Id., § 136, as am'd L. 1896, c. 154.

137 Salmon taken in nets from the Hudson river to be thrown back. Salmon, black bass, trout, salmon trout, and pike perch caught in nets, in fishing for other fish in the Hudson river, shall be thrown back into the water 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 twenty-five dollars for each violation thereof. Id., § 137.

138 Richmond county and New York or Raritan bay; regulations as to nets. No device except angling shall be placed, drawn or used for the capture of any fish, except menhaden, in the waters of Raritan bay, nor in any waters adjacent thereto, in Richmond county, except that shad may be taken by shad-nets between the fifteenth day of March and the fifteenth day of June, both inclusive, but said nets shall not be allowed to remain in said waters from Saturday at sunset to the following Monday at sunrise. 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. Id., § 138.

69 N. Y. St. R. 94-96; 89 Hun, 164, 166.

139 Nets not to be used in the Harlem river. Nets, set-nets, pounds or fykes shall not be used in Harlem river or East river or the adjacent waters or confluent brooks within five miles from Middlegate or between said Middlegate and Fort Schuyler. This section shall not apply to nets used for catching lobsters or crabs in Harlem, North or East rivers. 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. Id., § 139.

140 Exceptions as to the Saint Lawrence and Warren counties. It shall be lawful to fish at any time for perch, suckers, bullheads and pickerel with nets and fykes, and to spear such fish through the ice in any of the streams, ponds or lakes in Warren county, excepting that in Schroon lake, Long pond or Glen lake and Lake George the use of nets, spears and fykes is forbidden. No fish of any kind, except suckers and billfish or garpikes, shall be caught in Black lake, in Saint Lawrence county, or in the waters tributary to said lake, or in the Oswegatchie river, from the boundaries of the city of Ogdensburgh to the village of

Heuvelton, except from the first day of May to the fifteenth day of November, both inclusive. Nothing herein contained shall be construed as prohibiting the catching of fish by angling, in the waters of Black lake, in Saint Lawrence county, at any time, nor the use of spears in catching fish in said Black lake during the months of September, October and November. No transportation company in Saint Lawrence or Jefferson counties shall transport any fish caught contrary to the provisions of this section, and when fish, at any time, are offered to such company for transportation, they may at their option refuse to accept the same until satisfactory proof is furnished that they were not caught in violation of law. 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 guilty of misdemeanor and in addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof. Id., § 140.

141 Certain fish may be caught through the ice in lakes named. Pickerel, bullheads, catfish, eels, perch and sunfish may be fished for through the ice with hooks and lines or tip-ups in Lake Keuka or Crooked lake or in any of the waters of the state not inhabited by trout, lake trout, salmon trout, black or Oswego bass or land-locked salmon or muskallonge and by set lines in the Susquehanna river, and in the waters of Port bay, in the county of Wayne. Suckers, bullheads, eels and dog-fish may be caught at any time by means of hooking and spearing in Oneida lake and Oneida river or in any of the waters of the state not inhabited by trout, lake trout, land-locked salmon, muskallonge, black bass or Oswego bass. Provided, however, that pike, pickerel and wall-eyed pike may be taken with hook and line or spear, and muskallonge with hook and line, in any of the inland waters of this state not inhabited by trout, or salmon of any kind, during the months of December, January and February, except in waters of Cortland county. Suckers, bullheads, and eels may be caught in Seneca lake with seines four rods in length and meshes to be not less than one and one-fourth inches in size, with rope for hauling not to be more than thirty feet in length at each end of net, providing that permission so to do has been first obtained from the commissioners of fisheries, game and forests. Id., § 141.

143 Eel-weirs. Eel weirs of which the laths are not less than one inch apart, may be maintained at any time in any of the waters of this state not inhabited by trout, lake trout, salmon trout, or land-locked salmon, except in the Chemung river and its tributaries in the counties of Steuben and Chemung, and except in the Susquehanna river; provided, that there be a clear passage at low water mark at some point in said weir of not less than ten feet in width for the passage of boats and fish. Eel pots of a form and character such as may be prescribed by the rules of the commissioners of fisheries, may be used in any waters not inhabited by trout, lake trout, salmon trout, or land-locked salmon. 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 fifty dollars for each and every eel weir or eel pot built or maintained in violation of this section, and ten dollars for each fish caught therein in violation of this section. Id., § 143, as am'd L. 1896, c. 658.

145 Taking minnows for bait. The provisions of this act prohibiting the use or placing of nets and certain devices in waters of the state shall not apply to taking minnows for bait, but nets for that purpose must not exceed forty feet. in length and four feet in depth, with ropes at either end not exceeding thirty feet. This section shall not authorize the placing or use of nets or any other device of a kind used for catching fish in streams inhabited by trout, nor the taking of trout by means of nets or other devices except angling in any waters. The provisions of this section shall not apply to salt waters. Id., § 145.

146 Size of meshes in Coney Island creek regulated. The meshes of nets used in Coney Island creek to the mouth thereof, extending out into Gravesend bay

one-half mile each way, shall not be less than four inches square, except that for eel and flounder fishing hoop-nets with suitable meshes may be used within said. bay from the fifteenth day of October to the thirty-first day of March following, both inclusive. Whoever shall violate or attempt to violate the provisions of this section shall be guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each violation thereof. L. 1892, c. 488, § 146. 149 Frost fish and white fish may be taken with nets in certain lakes. Frost fish and white fish may be taken from the waters of Otsego lake in the county of Otsego, from the first day of May to the thirty-first day of August, both inclusive, with seines having meshes not less than one and three quarter inches bar, provided however, that such fishing with seines shall only be done in the daytime, between sunrise and sunset, and pickerel may be taken through the ice in said lake, by tip-ups or set lines; and frost fish, white fish or Otsego bass, lake trout, perch, eels, and pickerel may be taken from the waters of said lake by rod and reel or by hook and line held in hand from the first day of January to the thirty-first day of October, both inclusive. Frost fish, white fish, catfish, sunfish, pumpkin seeds, bullheads, perch and suckers may also be taken with nets from inland lakes not inhabited by brook trout during such period, and in such manner and under such rules and regulations as the commissioners of fisheries, game and forest may prescribe, which rules and regulations may be amended or abrogated at any time. Such rules may be either general or special at the option of the commissioners and may be published in such manner as they may deem proper. Whoever shall violate or attempt to violate such rules and regulations or 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. Id., § 149, as am'd L. 1896, c. 150.

150 Fishing with nets and other devices. Fishing with nets, seines, fykes, dip-nets or other devices except angling or placing, drawing or using the same in any of the rivers, lakes and inland waters of this state is prohibited except as permitted by this act, and except where otherwise provided. The meshes of all nets, seines, fykes and dip nets which may be lawfully used shall in no case be less than one and one-eighth-inch bar. 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 the first violation thereof and two hundred dollars for each subsequent violation thereof. Id., § 150. 151 Nets to be licensed. It shall be the duty of the board of commissioners of fisheries, game and forest to prescribe rules and regulations for the purpose of granting all licenses to seines, fykes and nets in water when specially permitted by this act, other than dipnets, scapnets, and nets used for taking minnows for bait and to cause a duly authenticated copy of the same to be filed in the office of the secretary of state, and it shall be the duty of the secretary of state to print such rules and regulations in the volume of session laws for the current year. Such rules and regulations shall take effect on the first day of September, eighteen hundred and ninety-five, and thereafter fishing with seines, fykes, and nets other than scapnets, dipnets and nets used for catching minnows for bait, without a license having been obtained therefor in accordance with such rules and regulations, is prohibited. Whosoever 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. The provisions of this section shall not apply to the salt waters of the state. Id., § 151.

152 Thumping. Sailing, rowing, pushing or floating in any boat or vessel or any waterway, run or channel in which the waters are too deep to draw a seine in the usual way, or patroling the banks of such waterway, run or channel and at the same time stamping, jumping, shouting, pounding, beating or splashing the waters, beating or pounding the banks, waters or boats while a seine is set, drawn, held or floated at either end of such waterway, run or channel or the sides