Forest, Fish and Game Law (L. 1900, ch. 20), §§ 41a, 43a, 44, 45, 47.

§ 41-a. Trout; close season; Erie county.- Trout shall not be taken from the brooks and streams in the county of Erie for a period of two years from June first, nineteen hundred and four. (Added by L. 1904, ch. 581, in effect May 3, 1904.)

§ 43-a. Trout in Chenango, Delaware, Greene, Rensselaer, Schoharie, Sullivan, Ulster and Essex not to be sold.- Trout shall not be taken from any of the streams in Chenango, Delaware, Greene, Rensselaer, Schoharie, Sullivan, Essex and Ulster counties at any time for the purpose of selling or offering to sell the same; nor shall any person sell or offer for sale any such trout. (Added by L. 1903, ch. 220, and amended by L. 1904, ch. 303, in effect April 13, 1904.)

L. 1904, ch. 303.—§ 2. This act shall not apply to private hatcheries.

§ 44. Lake trout; close season. The close season for lake trout shall be from October first to April fifteenth, 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. (Amended by L. 1904, ch. 311, in effect April 13, 1904.)

§ 45. 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. Bass shall not be taken in any manner, except by angling, in any of the waters of this state. (Amended by L. 1904, ch. 584, in effect May 3, 1904.)

§ 47. Pickerel and pike.- Pickerel and wall-eyed and yellow pike shall not be taken or possessed from March first to April

Forest, Fish and Game Law (L. 1900, ch. 20), § 50a, 57.

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. (Amended by L. 1903, ch. 149, in effect April 8, 1903.)

§ 50-a. Sturgeon; required length of.- Sturgeon less than three feet long shall not be intentionally taken, or, if taken, shall without injury be immediately returned to the waters where taken. (Added by L. 1902, ch. 361, in effect April 3, 1902.)

$ 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. Provided, however, that any person desirous of aiding the state in the propagation and distribution of trout may, on the approval of the commission, take trout or spawn from public waters for breeding purposes. Trout or spawn so taken shall be returned to public waters of the state. Before permission is given, or trout taken as herein provided, the applicant shall show conclusively that he has facilities for breeding trout, and must execute a satisfactory bond to the people of the state, to be approved by the commission, conditioned that he will not sell, give away, convert to his own use, or otherwise dispose of any trout or spawn taken under said permit, and will return the adult and young trout to public waters at such times and places as the commission may designate. (Amended by L. 1904, ch. 580, in effect May 3, 1904.)

Forest, Fish and Game Law (L. 1900, ch. 20), § 58, 59, 59a.

§ 58. No fishing through ice. Fish shall not be taken through the ice in the waters of Lake Wanita, formerly known as Little lake, in the counties of Steuben and Schuyler, nor 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 St. Lawrence rivers; or from January first to February fifteenth, both inclusive, to Silver lake in Wyoming county. (Amended by L. 1902, ch. 343, in effect April 3, 1902.)

§ 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 the waters of the town of North East, Dutchess county, not inhabited by trout, in Lake Keuka or Crooked lake, Queechy lake, or the waters of Sullivan and Greene counties, not inhabited by trout, except tip-ups cannot be used in Masten lake or in ponds in the town of Smithville, and in Lake Neathwanta, 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 of the ravine just north of the cottage now owned by James Foster on the east shore thereof; in that portion of Canandaigua lake beginning at the edge of the swamp on the west shore of the head of the lake, and running thence northerly along the west shore about one hundred rods to Hazel Dell cabin, thence southeasterly across the lake to a buttonwood tree just north of the large land slide, and about forty rods north of the Sunny Side dock, then southerly along the west shore of the lake, to the edge of the swamp, thence westerly, following the edge of the swamp to the place of beginning; and in 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 and in the Tioughnioga and Otselic rivers in Broome county during the same time. (Amended by L. 1902, chs. 232, 292 and 511, and L. 1903, ch. 444, in effect April 11, 1903.)

§ 59-a. Further exceptions to section fifty-eight. Tip-ups and set-lines may be used in fishing through the ice in Lake Champlain and South bay, so called in the towns of Dresden, Whitehall and Fort Ann and in the waters of big Sandy pond in the town of

Forest, Fish and Game Law (L. 1900, ch. 20), §§ 62, 63, 66.

Sandy Creek, Oswego county, and in Oneida lake, in the counties of Oneida and Oswego, but no person shall operate, own or control more than twenty lines in any of the aforesaid waters; also in the waters of Orange, Ulster, Washington, Onondaga and Rockland counties not inhabited by trout, but no person shall operate, or control, at the same time more than five tip-ups in such counties. (Added by L. 1902, ch. 213, and amended by L. 1903, ch. 445, and L. 1904, ch. 204, in effect April 4, 1904.)

$ 62. Taking minnows for bait.- Except in waters inhabited by trout, and creeks and brooks, minnows for bait may be taken with a net not more than six feet in length or diameter, without a license. Except in waters inhabited by trout they may be taken with a net if the owner thereof shall have first obtained from the commission a license therefor. Such a license can be granted only upon the payment of a license fee of one dollar and the execution of a bond by the owner of the net, to be approved by the commission, conditioned for the payment to the people of the state of one hundred dollars if the holder thereof violates any of the provisions of this section or any of the regulations contained in the license while the license is in force. The license must specify the waters in which the net may be used, and may contain regulations for the protection of fish. Black bass, muscallonge, white fish, pickerel or pike taken in a net used under this section shall be immediately returned to the water uninjured. Minnows shall not be taken within one hundred feet of any dock, pier, or boat landing structure along the St. Lawrence river without the consent of the owner on which the same is built. (Amended by L. 1903, ch. 475, in effect May 7, 1903.)

§ 63. Fish taken by angling; meshes of nets. Except as permitted by this act, fish shall not be taken by any device except angling in any of the rivers, lakes and inland waters of this state. When permitted the meshes of nets used shall not be less than one and one-eighth inch bar, except in Lake Erie, where they shall not be less than one and one-half inch bar. (Amended by L. 1904, ch. 580, in effect May 3, 1904.)

§ 66. Thumping.- Sailing, rowing, pushing or floating in any boat or vessel in a waterway, river, run or channel or patrolling the banks of such waterway, river, run or channel, and stamping,

Forest, Fish and Game Law (L. 1900, ch. 20), §§ 67, 69, 71.

jumping, shouting, pounding, beating or splashing the water, beating or pounding the banks, or boat, while a seine or net is set, drawn, held or used in such waterway, river, run, or channel, with intent to drive fish into such seine, or net, and which acts are commonly known as thumping, are forbidden. (Amended by L. 1904, ch. 580, in effect May 3, 1904.)

§ 67. Carp not to be placed in Conesus and Hemlock lakes, county of Livingston.- No person shall put or place in the waters of Conesus lake and Hemlock lake, in the county of Livingston, any fish commonly known as carp, nor shall any person put or place in such waters the spawn of such fish, or use such fish as bait in the waters thereof. (Added by L. 1904, ch. 583, in effect May 3, 1904.)

§ 67. Taking fish in Lake Champlain. No fish shall be taken through the ice in the waters of Lake Champlain less than five inches in length. If any fish less than five inches in length are taken, they shall be immediately returned to the water alive, and without unnecessary injury. (Added by L. 1904, ch. 585, in effect May 3, 1904.)

§ 69. Penalties. A person who violates any of the provisions of this article is guilty of a misdemeanor and in addition thereto is liable as follows: For each violation of section forty-three in relation to waters inhabited by trout, of sections fifty-two and fifty-three in relation to polluting streams, section fifty-four relating to drawing off water, section fifty-six in relation to explosives, section sixty in relation to transportation of fish, section sixty-three in relation to the use of nets and angling, section sixty-six in relation to thumping, and section sixty-seven relative to carp in Conesus and Hemlock lakes in the county of Livingston, a penalty of sixty dollars for all other violations of said article, a penalty of twenty-five dollars and an additional penalty of ten dollars for each fish taken or possessed in violation thereof. (Amended by L. 1902, ch. 299, and L. 1904, ch. 583, in effect May 3, 1904.)

§ 71. Fishing in Niagara river. When licensed by the commission, seines may be used in the Niagara river in November, December, January and March to take fish, except black bass and