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Forest, Fishi and Game Law (L. 1900, ch. 20), SS 2, 3. age of eighteen years and had been pardoned by the governor of the state of New York before the expiration of his term of imprisonment, shall subsequently be appointed to membership in a fire department and continue to hold membership therein for a period of five years and upwards, and during such time has not been convicted of any dereliction of duty, it shall be lawful for any such person to continue to hold membership therein, and the provisions of any existing law shall not apply to or be enforceable against any such person nor shall he be liable to charges or reinoval because of the provisions of any existing act.

§ 2. Construction.- So far as the provisions of this act are inconsistent with the provisions of any existing act, this act shall be a modification of such act and shall be so construed.

FLAG. Desecration of. See Penal Code, § 640, subd. 16, as am. by L. 1903, ch. 272.

FORESTS, FISH AND GAME. (1) Amendments to Forest, Fish and Game Law.... (2) Publication of law.

328 (3) Shell-fish leases ..

328 (4) Fish hatcheries .

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(1) Forest, Fish and Game Law. (L. 1900, ch. 20.) § 2. Deer; close season.— The close season for wild deer shall be froin November sixteenth to August thirty-first both inclusive. No person shall take more than two deer in an open season. No person shall take any wild deer between sunset and sunrise. An owner may retake alive, deer which have escaped from his possession. Deer may be taken alive at any time by the commission to restock the state's deer parks. (Amended by L. 1900, ch. 599, and L. 1904, ch. 580, in effect May 3, 1904.)

§ 3. Deer; close season; special. There shall be no open season for wild deer in the counties of Columbia, Delaware, Dutchess, Greene, Oswego, Putnam, Rensselaer and Ulster, and in all that portion of Oneida, Lewis and Jefferson counties lying westerly of the Utica and Black River railroad from Utica to Ogdensburg before September first, nineteen hundred and seven. Forest, Fish and Game Law (L. 1900, ch. 20), &$ 6, 11, 11a, 12. The close season for wild deer in the counties of Sullivan and Orange shall be from November sixteenth to October thirty-first, both inclusive. (Amended by L. 1902, ch. 205; L. 1903, ch. 261, and L. 1904, ch. 116, in effect March 3, 1904.)

§ 6. Traps and lights.- No traps, salt lick, or other device to entrap or entice deer shall be made, set or used, nor shall deer be taken by aid or use thereof. No jack light or other artificial light shall be used in taking deer. (Amended by L. 1902, ch. 71, in effect Feb. 28, 1902.)

$ 11. Wild moose, elk, caribou and antelope.— There shall be no open season for wild moose, elk, caribou or antelope, but they may be brought into the state for breeding purposes. The flesh or any portion of any such animal shall not be possessed, sold or transported during the close season for deer or during the open season for deer unless the animal was killed without the state or by the owner thereof in a private park within the state during the open season for deer. Possession thereof during such open season shall be presumptive evidence that it was unlawfully taken by the possessor. The forest, fish and game commission may acquire by gift, purchase or capture, a sufficient number of wild moose and elk to stock the Adirondack region, and may care for, herd and yard the same temporarily, and liberate them in such region, at such times and places as it deems most conducive to their probable subsistence and increase. (Amended by L. 1901, ch. 147, and L. 1904, ch. 587, in effect May 3, 1904.)

§ 11-a. Black bear; close season.— Wild black bear shall not be killed, taken or possessed from July first to September thirtieth, both inclusive. Whoever shall kill or take a black bear shall within sixty days file with the forest, fish and game commission a record of the date such black bear was killed or taken, the place where killed or taken, together with the sex and approximate weight of said bear. The county of Essex is excepted from the provisions of this section. (Added by L. 1904, ch. 630, in effect May 9, 1904.)

§ 12. Black and gray squirrels.— Black and gray squirrels shall not be taken, possessed or sold from December first to September fifteenth, both inclusive. (Amended by L. 1902, ch. 61; L. 1903, ch. 80, and L. 1904, ch. 580, in effect May 3, 1904.)

Forest, Fish and Game Law (L. 1900, ch. 20), 88 12a, 12b, 13. · § 12-a. Black and gray squirrels; special. The close season for black and gray squirrels in Greene county shall be from December sixteenth to September thirtieth, and in Rensselaer county, from December first to September thirtieth, both inclusive, in Orange county from December sixteenth to October fifteenth, both inclusive, and in Saratoga county from November first to September fifteenth, both inclusive. (Added by L. 1901, ch. 606, and amended by L. 1902, ch. 161; L. 1903, ch. 475, and L. 1904, ch. 579, in effect May 3, 1904.)

§ 12-b. Gray squirrels; Richmond county. There shall be no open season for gray squirrels in the county of Richmond. (Added by L. 1903, ch. 446, in effect May 7, 1903.)

§ 13. Hares and rabbits.— The close season for hares and rabbits shall be, in the counties of Albany, Columbia, Genesee, Monroe, Orleans, Steuben and Wyoming, from December sixteenth to September fifteenth, both inclusive; in the county of Ulster from January sixteenth to September thirtieth, both inclusive; in the county of Orange from December sixteenth to October fifteenth, both inclusive; in the counties of Cortland and Broome from December first to September fifteenth, both inclusive; in the counties of Erie and Livingston from January sixteenth to September thirtieth, both inclusive; in the county of Rockland from December thirty-first to October thirty-first, both inclusive; in Herkimer, Oneida and Sullivan counties from February fifteenth to September fifteenth, both inclusive; in the county of Schenectady from December sixteenth to September thirtieth, both inclusive, and in the counties of Fulton and Greene from February first to October thirty-first, both inclusive; in the county of Dutchess from December first to October fifteenth, both inclusive; in the county of Richmond from December sixteenth to October thirty-first, both inclusive, and in the county of Westchester from December first to October thirty-first, both inclusive, in which two last named counties hares and rabbits shall not be taken when snow is on the ground. Hares and rabbits shall not be hunted with ferrets in any county where there is a close season, or in Saratoga, Niagara and Schoharie counties. Nothing in this section shall prevent the owner of inclosed or occupied farm lands from taking hares or rabbits on his own premises at any time to prevent their injuring property. (Amended by L. 1900, ch. 603; Forest, Fish and Game Law (L. 1900, ch. 20), SS 13a, 14–16. L. 1901, ch. 606; L. 1903, ch. 475, and L. 1904, ch. 648, in effect May 3, 1904.)

§ 13-a. Hares and rabbits in Richmond county. (Added by L. 1903, ch. 446, and repealed by L. 1904, ch. 648.)

§ 14. Beaver.— There shall be no open season for beaver. No trap, snare, pit, dead-fall or other device to entrap or entice beaver shall be made, set or used, nor shall beaver be taken by the aid or use thereof. No person shall molest or disturb any wild beaver or the dams, houses, homes or abiding places of same. The forest, fish and game commission may acquire by gift, purchase or capture a sufficient number of wild beaver to restock the Adirondack region, and may care for the same temporarily and liberate them in such region and at such time and places as it deems most conducive to their subsistence and increase. (Amended by L. 1904, ch. 580, and L. 1904, ch. 674, in effect May 9, 1904.)

L. 1904, ch. 674.- $ 3. The sum of five hundred dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the treasury, not otherwise appropriated, for the purpose specified in section fourteen of the forest, fish and game law, as amended by this act, payable by the treasurer on the warrant of the comptroller, on the order of the forest, fish and game commission.

$ 15. Mink, skunk, muskrat and foxes. The close season for mink, skunk and muskrat in the counties of Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Cortland, Delaware, Genesee, Greene, Jefferson, Livingston, Madison, Oneida, Onondaga, Oswego, Otsego, Seneca, St. Lawrence, Wayne and Wyoming, shall be from May first to October thirty-first, both inclusive. The close season for foxes in the counties of Chautauqua, Chemung, Genesee, Livingston, Wayne and Wyoming shall be from May first to September thirtieth, both inclusive. Muskrat houses shall not be injured or destroyed at any time. The provisions of this section except the provisions relating to muskrat houses, do not apply to the acts of an owner or possessor of lands thereon, or to the territory of a city or incorporated village. (Amended by L. 1901, ch. 559; L. 1903, ch. 475, and L. 1904, ch. 648, in effect May 3, 1904.)

$ 16. Penalties.— A person who violates any provision of this article is guilty of a misdemeanor, and in addition thereto, is Forest, Fish and Game Law (L. 1900, ch. 20), SS 20, 20a, 22. liable as follows: For each violation of sections one to eleven, both inclusive, to a penalty of one hundred dollars, and for each deer, elk, caribou, antelope, or part of any such animal taken or possessed in violation of any provision of any of said sections, an additional penalty of one hundred dollars; for each wild moose or part of such animal taken or possessed in violation of any provision of said sections, an additional penalty of two hundred and fifty dollars; for each violation of section twelve, to a penalty of twenty-five dollars, and for each squirrel or part thereof taken or possessed in violation of said section, an additional penalty of ten dollars; for each violation of section thirteen, a penalty of twentyfive dollars, and for each rabbit taken or possessed in violation of such section, an additional penalty of ten dollars; for each beaver taken in violation of section fourteen to a penalty of one hundred dollars, and for each violation of section fifteen, to a penalty of twenty-five dollars. A person convicted of a misdemeanor for a violation of section eleven of this article shall be punished by imprisonment for a term of not less than three months nor more than one year. (Amended by L. 1901, ch. 147, and L. 1904, chs. 580, 630 and 674, in effect May 9, 1904.)

The last amendment of 1904 superseded the two earlier amendments. Ch. 580 prescribed a penalty for taking otter and ch. 630 for taking wild bear.

§ 20. Wild fowl; close season.--Ducks, geese, brant and swan shall not be taken from January first to September fifteenth, both inclusive, or possessed from March first to September fifteenth, both inclusive; or taken in the night from an hour after sunset until an hour before sunrise. (Amended by L. 1901, ch. 91, and L. 1903, ch. 256.)

$ 20-a. Wild fowl; close season; special.— Ducks, geese, brant and swan shall not be taken in the county of Jefferson from January first to September fifteenth, both inclusive; or taken in the night from one-half hour after sunset until daylight. (Added by L. 1901, ch. 252, and amended by L. 1902, ch. 374, and L. 1903, ch. 256.)

$ 22. Quail; close season.— The close season for quail shall be from December first to October thirty-first, both inclusive. (Amended by L. 1901, ch. 396; L. 1903, chs. 279 and 519, and L. 1904, ch. 578, in effect May 3, 1904.)

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