L. 1923, chs. 232,363.

Game birds; bass.

§§ 214-231.

sunset. (Subd. 3 added by L. 1921, ch. 282 and amended by L. 1922, ch. 310, in effect March 28, 1922.)

§ 214. Gallinea or upland game birds; open season limit.-2. Grouse or partridge. October first to November fifteenth, both inclusive. A person may take not to exceed three grouse or partridge in one day and fifteen in the open season. (Subd. 2 amended by L. 1922, ch. 439, in effect April

3, 1922.)

3. Wild pheasants. On the last two Thursdays in the month of October and the first two Saturdays in the month of November and possessed during the period of time between the first open Thursday in October and the Thursday immediately following the last open Saturday in November, both inclusive, but possession afield during the close days intervening between the first open Thursdays in October and the Thursday immediately following the last open Saturday in November shall be presumptive evidence of illegal taking. Only wild male pheasants may be taken. A person may take and possess not to exceed three wild male pheasants in the open season. There shall be no open season for wild pheasants in the counties of Washington and Essex before the third Thursday of October, nineteen hundred and twenty-four. (Subd. 3 amended by L. 1916, ch. 521, L. 1921, ch. 498 and L. 1922, ch. 492, in effect April 6, 1922.)

§ 215-a. Upland game birds, open season, limit, special. In the counties of Greene, Delaware, Ulster, Rockland, Columbia, Putnam, Dutchess, Rensselaer, Sullivan, Orange and Westchester, grouse may be taken from October fifteenth to November thirtieth, both inclusive, and in the counties of Sullivan, Orange, Dutchess, Putnam, Westchester and Rensselaer, quail may be taken from November fifteenth to November thirtieth, both inclusive. A person may take not to exceed three grouse and four quail in any one day and fifteen grouse and ten quail in the open season. Added by L. 1922, ch. 308, and amended by L. 1923, ch. 232, in effect April 16, 1923.)

§ 216. Linicolae, or shore birds; open season; limit.-1. Woodcock, October first to November thirtieth, both inclusive. A person may take not to exceed six woodcock in one day and twenty-four in the open season. (Subd. 1 amended by L. 1921, ch. 228 and L. 1923, ch. 363, in effect May 21, 1923.)

§ 231.

Bass; open season; limit.-1. Open season. Black bass not less than ten inches in length may be taken and possessed from June sixteenth to November thirtieth, both inclusive.

2.

Size of catch. A person may take not to exceed fifteen such black bass in one day, but whenever two or more persons are angling from the same boat they may take not to exceed twenty-five in one day, except in the county of Chautauqua a person may take not to exceed eight such

§§ 236-241-a.

Perch; pickerel; pike.

L. 1923, chs. 57, 203.

black bass in one day, but whenever two or more persons are angling from the same boat they may take not to exceed fifteen in one day. (Added by L. 1912, ch. 318, and amended by L. 1923, ch. 204, in effect April 9, 1923.)

§ 236. Pike perch; open season; size limit; sale of.-1. Open season; size limit sale of. Pike perch not less than twelve inches in length may be taken, possessed, bought and sold in any number or quantity from May tenth to March first, both inclusive, except that in waters other than those in which the use of nets in taking pike perch is permitted a person may take not to exceed fifteen pike perch in one day, or when two or more persons are angling from the same boat they may take not to exceed twenty-five in one day. (Subd. amended by L. 1921, ch. 553, in effect May 4, 1921.)

§ 237. Pickerel and pike; open season and limit; sale of.-1. Open season. Pickerel and pike in any number or quantity may be taken and possessed from May first to March first, both inclusive, except that, in Westchester and Putnam counties, they may be taken and possessed from June sixteenth to the last day of February, both inclusive, and except as herein provided.

2. Limit. A person may take in one day not to exceed fifteen pickerel not less than twelve inches in length, except that in the Saint Lawrence river a person may take in one day not to exceed fifteen great northern pike, locally known as "pickerel" not less than twenty inches in length. 3. Sale of. Such pickerel and pike may be bought and sold during the open season therefor. (Added by L. 1912, ch. 318, and amended by L. 1921, ch. 631 and L. 1923, chs. 57, 203, in effect March 23, and April 9, 1923.)

§ 237-a. Taking of great northern pike or pickerel in Lake Champlain and Lake George, special.-Great northern pike and pickerel may be taken in Lake Champlain and Lake George at any time. In the waters of Lake Champlain great northern pike or pickerel may be taken by shooting or spearing from March fifteenth to May fifteen by persons having a hunting license. (Added by L. 1921, ch. 279, in effect April 21, 1921.)

§ 239. Muskalonge; open season and size limit; sale of.-1. Open season and size limit. Muskalonge not less than twenty-four inches in length may be taken and possessed from June sixteenth to December thirty-first, both inclusive, in any number or quantity. No person shall take muskalonge through the ice.

2. Sale of. Such muskalonge may be bought and sold during the open season therefor. (Added by L. 1912, ch. 318, and amended by L. 1920, ch. 467 and L. 1921, ch. 500, in effect May 3, 1921.)

§ 241-a. Lake George, open seasons, special.-The open seasons for tak

Tip-ups; eel weirs; frogs.

§§ 253-257.

L. 1923, ch. 375.

ing fish in the waters of Lake George, in any part thereof, shall be as follows: Lake trout, from May first to October first, both inclusive; pike perch, from June sixteenth to December thirty-first, both inclusive; bullheads, from July first to December thirty-first, both inclusive; black bass, from August first to December fifteenth, both inclusive. (Added by L. 1913, ch. 583, and amended by L. 1921, ch. 279, in effect April 21, 1921.)

§ 253. Tip-ups.-Tip-ups may be used, for fishing through ice except in waters inhabited by trout, to take bullheads, catfish, eels, perch, sunfish, and except during the months of March and April, pike and pickerel, and except from March second to May tenth, both inclusive, pike perch. No person shall operate or control at the same time more than five tip-ups, except that in Oneida lake and in waters not lying wholly within the state, no person shall operate or control at the same time more than fifteen tip-ups. All tip-ups must be marked with the name and address of the operator thereof. (Added by L. 1912, ch. 318, and amended by L. 1913, ch. 508, L. 1917, ch. 486 and L. 1923, ch. 375, in effect May 21, 1923.)

$255. Taking certain non-game fish.-Suckers, mullet, carp, bullheads and eels may be taken by snatch hooks only in any stream in the state at any point in such stream not less than five miles below the source thereof, November first and April thirtieth, both inclusive; provided, however, that no such fish shall be taken in Broome county or attempted. to be taken by blind snatching, the fish being unseen by the fishermen, but trolling in any form shall not be regarded as blind snatching. In taking such fish under the provisions of this section, driving shall be perThe requirements, prohibitions, conditions and exception prescribed by section two hundred and fifty-two and two hundred and fiftyfive of this chapter shall not apply to the taking of fish described in this section with snatch hooks within the times herein prescribed. (Added by L. 1915, ch. 297, and amended by L. 1922, ch. 147, in effect March 22,

mitted.

1922.)

256.

may be

Eel weirs and eel pots.-Eel weirs and eel pots of such form as prescribed by the commission may be used at any time for taking eels, provided a license for so doing shall first be obtained from the comEel weirs shall not be used in waters inhabited by trout, but may be used on the New York state side of that portion of the Delaware river lying between the state of New York and the state of Pennsylvania. Fish shall not be taken within fifty rods of any licensed eel weir except by

mission.

angling.

This section shall not apply to waters of the marine district.

(Added by L. 1912, ch. 318, and amended by L. 1920, ch. 109 and L. 1922, ch. 252, in effect March 25, 1922.)

§ 257. Frogs.-Bull-frogs may be taken, possessed, bought and sold

§§ 258-276.

Fish preserves; nets.

L. 1922, ch. 293. from June sixteenth to October thirty-first, both inclusive. Green frogs and spring frogs may be taken, possessed, bought and sold from May twenty-fifth to September thirtieth, both inclusive. Frogs shall not be taken, possessed, bought or sold at any other time than herein authorized. They may be taken without a license by spearing, angling, or catching with hands or killing with club only. They may be taken with gun provided the person taking them shall have first procured a license pursuant to the provisions of section one hundred and eighty-five of this article. The use of any device which shall prevent the frogs from having free access to and egress from the waters is prohibited. (Added by L. 1912, ch. 318, and amended by L. 1917, ch. 486, L. 1920, ch. 464 and L. 1923, ch. 290, in effect April 30, 1923.)

§ 258. Fish preserves in Chautauqua lake.-The commission may establish fish preserves in the waters of Chautauqua lake, within which no person shall take fish at any time. Every such preserve shall be staked out by the commission and appropriately marked to indicate that it has been so established. The commission shall also cause a description of each such preserve and the location thereof to be filed in the office of the county clerk of Chautauqua county. (Added by L. 1922, ch. 510, in effect April 6, 1922.)

§ 271. Fish which may be taken with nets; superintendent of inland fisheries. When permitted by the commission lake trout, whitefish, pickerel, pike, pike perch, shad, herring, striped bass, smelt or ice fish, and sturgeon of all kinds, of the size limit and during the open season therefor as prescribed in part seven of this article, and all fish not protected by law, may be taken by nets in waters of the state, in any number or quantity. For the purpose of supervising the taking fish with nets the commission is empowered to designate a superintendent of inland fisheries at a salary of not to exceed thirty-five hundred dollars per annum, and his actual and necessary expenses while in the performance of his official duties, not to exceed one thousand dollars. (Added by L. 1912, ch. 318, and amended by L. 1913, ch. 508, L. 1914, ch. 107 and L. 1922, ch. 293, in effect March 27, 1922.)

§ 272. Size of mesh.-3. less than one-half inch bar. March 22, 1922.)

Gill or other nets used for taking smelt, not (Subd. 3 added by L. 1922, ch. 159, in effect

4. Gill or other nets used for taking tom-cod, not less than seven-eights inch bar. (Subd. 4 added by L. 1922, ch. 159, in effect March 22, 1922.)

§ 276. Nets in Lake Erie and Lake Ontario.-Fish, except black bass and muskalonge, may be taken with nets during the open season therefor in the waters of Lake Erie, except within one-half mile of the shores or islands thereof and within five miles of the mouth of Cattaraugus creek,

L. 1923- ch. 83.

Nets.

88 279, 282, 290.

and within five miles of the head of the Niagara river during the open season; and in Lake Ontario, except within one-half mile of the shores or islands of such lake and within one mile of the mouth of the Niagara river during the open season. Ciscoes may be taken with nets in Lake Ontario from October fifteenth to December fifteenth, except within five hundred feet of the shores thereof, and within a radius of one thousand feet of the mouth of any river, bay, inlet or outlet. (Former § 276, as added by L. 1912, ch. 318, and amended by L. 1913, ch. 664, L. 1914, ch. 329 and L. 1915, ch. 627, repealed; new § 276 added by L. 1921, ch. 281, in effect April 21, 1921.)

§ 279. Nets in Hudson and Delaware rivers and adjacent waters.-Shad and herring may be taken with drifting nets operated by hand only from March fifteenth to June fifteenth, both inclusive, in the Delaware river and that part of the Hudson river below the dam at Troy. No such net shall be set, placed or drawn, or fish taken therefrom between sunset on Friday and one hour before sunrise on Monday. Fish, except salmon, black-bass, trout, pike-perch, and except also during March and April, pickerel and pike, may be taken with nets in the Hudson river below the dam at Troy, from September first to May thirtieth, both inclusive. Sturgeon may be taken in the Hudson river with sturgeon nets of not less than five and one-half inch bar, from June first to September first, both inclusive. Smelts may be taken with nets in the Hudson river below VerPlanck's Point from March first to April fifteenth, both inclusive. Tomcod may be taken with nets in the Hudson river below VerPlanck's Point from November first to March first, both inclusive. Nothing in this section shall apply to the marine district. (Added by L. 1912, ch. 318, and amended by L. 1918, ch. 143, L. 1919, ch. 292 and L. 1922, ch. 159, in effect March 22, 1922.)

§ 282. Nets to be destroyed.-Seines,, fykes, pounds, traps and other nets prohibited by law, had, set or used in or upon any of the inland or tidal waters of the state or on the shores thereof, or islands surrounded by said waters are hereby declared to be public nuisances, and shall be summarily seized, abated and destroyed by any game protector or may be sold by the commission at public auction to the highest bidder under rules and regulations established by it; provided, however, the commission may direct a game protector to retain certain nets or seines for the use of

the state

part VIII

hatcheries. Possession of nets other than as provided for by at any time by any person in or on or within one-half mile

of any waters of the state shall be presumptive evidence that the same were unlawfully used. (Added by L. 1912, ch. 318, and amended by L. 1913. ch. 508, L. 1922, ch. 146 and L. 1923, ch. 83, in effect July 1, 1923.)

$290.

Notice of construction of dam.-(Added by L. 1912, ch. 318,