ARTICLE XV, Added by L. 1896, c. 531.

Special Provisions as to the Waters of the Thousand Islands.

§ 310. Article to Apply to Certain Waters of the St. Lawrence River. 311. Protector to be Appointed.

312. Definition of Black Bass.

313. Black Bass, Pickerel, Pike, Wall-eyed Pike and Muskallonge; Close Season. 314. Fishing through the Ice Prohibited.

315. Black Bass, Limit as to Size.

316. Black Bass, Limit as to Catch.

317. Fishing by Certain Devices Prohibited.

318. Unlawful Devices and Explosives Prohibited.

319. Duty of Anglers to Exhibit their Catch.

320. Right of Protector to make Search or Examination.

310 Article to apply to the Saint Lawrence river between Tibbet's point lighthouse and the city of Ogdensburgh only. This article applies exclusively to the waters of the Saint Lawrence river lying between an imaginary line drawn from Tibbet's point lighthouse, about four miles southwest from Cape Vincent to the Snake-island lighthouse, about four miles southwest from the city of Kingston in Ontario, and an imaginary line drawn from the northern part of the city of Ogdensburgh to the northern part of Prescott, in Ontario, situated on the opposite side of the Saint Lawrence river and to be known for the purposes of this article as "the waters of the Thousand Islands." L. 1892, c. 488, § 310.

311 Protector to be appointed. The board of fisheries, game and forest is authorized to appoint a protector, to be known as the protector of the waters of the Thousand Islands, whose duty it shall be to patrol, under the direction of said board, the waters of the Thousand Islands, and to enforce the provisions of this article. Id., § 311.

312 Definition of black bass. Black bass, under this article, includes smallmouthed black bass, and large-mouthed black bass, otherwise known as Oswego bass. Id., § 312.

313 Black bass, pickerel, pike, wall-eyed pike and maskinonge; close season. Black bass, pickerel, pike and maskinonge, commonly called muskallonge, shall not be fished for, caught, killed or possessed in the waters of the Thousand Islands, between the first day of January and the ninth day of June, 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 fish so caught, killed or possessed. L. 1892, c. 488, § 313.

314 Fishing through the ice prohibited. No fish shall be fished for, caught or killed in any manner, or by any device, through the ice in the waters of the Thousand Islands, between the first day of January and the ninth day of June, 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 one hundred dollars for each violation thereof. Id., § 314.

315 Black bass not to be taken less than ten inches in length. No black bass less than ten inches in length shall be intentionally taken alive from the waters of the Thousand Islands, nor shall the same be killed 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 twenty-five dollars for each violation thereof, and ten dollars for each fish so taken, killed or possessed. Id., § 315.

316 Limit as to catch of black bass. No person shall take catch, kill or possess more than twelve black bass of the size permitted by this article in any one day. Where two or more persons are fishing or angling from the same boat the aggregate number of bass taken, caught, killed or possessed by the occupants of said boat in any one day shall not exceed twenty-four. Whoever shall violate or attempt to violate the provisions of this section shall be liable to a penalty of twentyfive dollars for each fish so taken, caught, killed or possessed in addition to the number hereby allowed. Id., § 316.

317 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 the Thousand Islands, except that it shall be lawful to take minnows for bait in the manner provided for by section one hundred and forty-five of this act; provided, however, that if any black bass, pickerel, pike, wall-eyed pike or maskinonge are taken in such nets they shall be immediately returned to the waters alive. 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., § 317.

318 Unlawful devices and explosives prohibited. The use of dynamite or other explosives in any of the waters of the Thousand Islands is prohibited except for mining and mechanical purposes. The possession by any person on the shores or islands of the waters of the Thousand Islands 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 guilty of misdemeanor, and in addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof. Id., § 318.

319 Duty of anglers to exhibit their catch of fish. Every person fishing in the waters of the Thousand Islands shall, whenever requested by any fish and game protector, permit such protector to inspect and examine the fish taken by him or in his possession, or in the boat occupied by him, and the implements by which the same were taken, and in case of his refusal to permit such examination or inspection he shall be deemed guilty of misdemeanor, and also be liable to a penalty of twenty-five dollars for each such refusal. Id., § 319.

320 Right of protector to make search or examination. In case any angler or person fishing in the waters of the Thousand Islands shall, upon the request of any fish and game protector, refuse permission to such protector to inspect and examine the fish taken by him or in his possession or in the boat occupied by him, or the implements by which the same were taken, such inspector shall have power and he is hereby authorized, with or without a search warrant, to examine the contents of such boat or of any box, locker, basket, crate or other package therein,

or in the possession of such angler or person so fishing, for the purpose of ascertaining whether the provisions of this article have been violated, and to use such force as may be necessary for the purpose of such examination. Id., § 320.

Fish Hatcheries.

321 Appropriation for hatching and distributing trout, etc. The sum of fourteen thousand dollars, or so much thereof as shall be necessary, is hereby appropriated out of the general fund, to enable the commissioners of fisheries of this state to construct on land, to be purchased therefor, suitable buildings, fixtures and ponds, for the purpose of hatching and rearing speckled trout and other fish, to be used in stocking the public streams of this state with such fish, and to be distributed for the public benefit under such regulations as such commissioners shall prescribe. L. 1875, c. 523, § 1.

322 Commissioners to account. The said commissioners shall account to the comptroller for all expenditures they may make under the provisions of this act. Id., § 2.

323 Hatching establishment in Adirondacks. The commissioners of fisheries are hereby authorized and directed, as soon as possible after the passage of this act, to erect a fish-hatching establishment at some convenient point in the Adirondack forest, to be selected by said commissioners, for the purpose of restocking the lakes and streams of said forest with trout and other fish natural to that locality, and stocking such other streams as the commissioners may deem necessary. L. 1884, c. 320, § 1.

324 Appropriation for same. The treasurer shall pay to the commissioners of fisheries, upon the warrant of the comptroller, the sum of five thousand dollars, or so much thereof as may be necessary, which sum is hereby appropriated for the purposes of this act. Id., § 2.

325 Lands appropriated for same; cutting timber, etc. The lands belonging to this state, known as lots number four, five and six, in township twenty of great lot number one, Macomb's purchase, in the county of Franklin, on which has been located, pursuant to chapter three hundred and twenty of the laws of eighteen hundred and eighty-four, the Adirondack fish hatchery, are hereby appropriated to the use of such hatchery; but no standing timber shall be cut on such lots except such as shall be needed for building purposes and for fire-wood for such hatchery. L. 1885, c. 85, § 1.

326 Care of same; fishing prohibited. The lands mentioned in the first section of this act, shall be in the care of the commissioners of fisheries, and no person shall be permitted to fish in the waters of Little Clear pond, nor in its outlet, nor in any other waters on such lands, nor to enter on the same for the purposes of fishing without the consent or by the direction of the commissioners of fisheries; but the said waters shall be held by the said commissioners solely as reservoirs for breeding fish, and nurseries for young fish, and for experimental purposes in the business of fish culture. Id., § 2.

327 Violation of preceding section. Whoever shall violate any of the provisions of the second section of this act shall forfeit a penalty of fifty dollars for each offense, to be sued for and recovered with costs of suit, by the said commissioners, in any court of competent jurisdiction in the county of Franklin, and the penalties recovered shall be paid into the state treasury. Id., § 3.

328 Appropriation for hatchery at Cold Spring harbor; lease to be executed, etc. There shall be appropriated from any funds in the treasury of the state not otherwise appropriated, for new hatchery buildings and improvement of grounds at the Cold Spring Harbor station of the commissioners of fisheries, five thousand dollars, or so much thereof as shall be necessary, to be expended under the direction of the commissioners of fisheries, on vouchers to be approved by the comptroller; but no money shall be paid out of this appropriation till a lease of the lands and water rights now occupied for such hatchery shall be executed to the

state, rent free, from the owner, for such period as the same may be occupied as a public hatchery, which lease, when accepted by the commissioners, shall be filed in the office of the secretary of state. L. 1887, c. 613, § 1.

329 Other hatcheries established. The commissioners of fisheries are hereby authorized and directed, as soon as possible after the passage of this act, to erect a fish hatching establishment at Mill creek, an inlet of Round lake, Hamilton county, for the purpose of restocking the lakes and streams of said forest with trout and other fish, natural to that locality, and stocking such other streams as the commissioners may deem necessary. L. 1887, c. 293, § 1.

330 Appropriation therefor. The treasurer shall pay to the commissioners of fisheries, upon the warrant of the comptroller, the sum of five thousand dollars, or so much thereof as shall be necessary, which sum is hereby appropriated for the purposes of this act. Id., § 2.

331 The following described lands belonging to the state of New York and situated in township number two, Totten and Crossfield's purchase, in the town of Lake Pleasant, Hamilton county, as laid down in map number two hundred and ninety-four (new number), on file in the office of the comptroller, are hereby appropriated and set apart for the purposes of the Mill-creek hatchery, established in pursuance of chapter two hundred and ninety-three of the laws of eighteen hundred and eighty-seven, viz.:

Whole lots numbers thirty-three, forty-four, fifty-three, fifty-five, sixty-six, seventy-seven, twenty-nine, forty and forty-one; part of lot number thirty-two, embracing all of such lot except one hundred acres on the southerly side, twentysix chains and thirty-two links wide on the west side and twenty-six chains and thirty links on the east side of said lot number thirty-two. L. 1888, c. 445, § 1. 332 No standing timber shall be cut on any of the lands described in the preceding section except such as shall be needed for building purposes, fire-wood and fencing lumber for such hatchery. Id., § 2.

333 No person shall take at any time and by any means whatever any trout from any of the waters on such lands, nor enter upon the said lands for the purpose of fishing, nor take anywhere from Mill creek or any of its tributaries, any trout except by permission of the commissioners of fisheries, for the uses of the said hatchway.* Id., § 3.

334 Any person offending against any of the provisions of this act shall be liable to a penalty of fifty dollars for each offense and the costs of suit, to be sued for and recovered in the name of the commissioners of fisheries, in any court of competent jurisdiction in either the county of Hamilton or Fulton, and all penalties recovered in such suits shall be paid into the treasury of the state. Id., § 4. 335 Establishment of fish hatchery. The commissioners of fisheries are hereby authorized to erect a fish-hatching establishment on Cold Spring creek, an inlet of Lake Keuka, in Steuben county, for the purposes of restocking such lakes and streams as such commissioners may deem necessary, provided that the temperature of the water and location is found to be satisfactory to the fish commission. L. 1893, c. 39, § 1.

336 Establishment of fish hatchery. The commissioners of fisheries are hereby authorized to erect a fish-hatching establishment in Sullivan county, for the purpose of restocking such lakes and streams as such commissioners may deem necessary, provided that the temperature of the water and location is found to be satisfactory to the fish commissioner.* L. 1893, c. 362, § 1.

Shell-fish.

337 Shell-fish commissioner; maps and surveys; preserve of oyster beds; grants to occupants of lands. The commissioner of fisheries, appointed under chapter three hundred and nine.* laws of eighteen hundred and seventy-nine, and his

*So in the original.