Imágenes de páginas
PDF
EPUB

added.

tacea, and game. It shall have the conduct and control of all
batching and biological stations and game farms owned, operated
or hereafter acquired by the state. The commission shall have
charge of the enforcement of all laws for the protection of fish,
shell-fish, crustacea, birds and quadrupeds; lands under water
which have been or shall be designated, surveyed and mapped out
pursuant to law, as oyster beds or shell-fish grounds, and power
to grant leases of land under water for shell-fish culture according
to law, to make rules regulating the inspection and examination
of shell-fish grounds, boats used in taking and the buildings used
for storage; handling and shipments thereof; the floating of shell-
fish; and the removal of shell-fish from beds which are in an
unsanitary condition and their deposit upon unpolluted grounds;
power to make rules increasing the size of mesh of nets, regulat-
ing the transportation, importation, exportation of game, fish, shell-
fish and crustacea, and the taking of fish in any manner, other
than angling, except as to migratory fish of the sea within the limits
of the marine district; the granting of licenses where the same are
prescribed by law, the fixing of fees therefor and terms thereof.

§ 21. Such chapter is hereby amended by inserting therein a $ 302a new section to be section three hundred and two-a, to read as follows:

§ 302-a. Laboratory. The commission shall establish and maintain, at a place to be chosen by the commission, a laboratory for the purpose of making such examination and analysis as shall be necessary for the purpose of carrying into effect the provisions of this part. The commission within the appropriations made therefor, is authorized to lease or purchase, premises for use as such laboratory and to furnish the same with suitable equipment, apparatus and supplies. The bacteriologist of the commission shall be in charge of such laboratory. The commission may employ, at pleasure remove, and fix the salaries of such assistants to the bacteriologist in connection with such laboratory as may be necessary for the operation thereof and as may be within the appropriation made therefor.

§ 22. Such chapter is hereby amended by inserting therein fivesi 312a, new sections to be sections three hundred and twelve-a, three 3313: 3138hundred and twelve-b, three hundred and thirteen-a, three hun- added. dred and thirteen-b, and three hundred and thirteen-c, to read as follows:

§ 312-a. Taking oysters from noncertified waters prohibited; exceptions. No oysters, clams or other shellfish shall be taken from any shellfish grounds or from any public waters in this state which have not been certified to be in good sanitary condition and the product of which has not been certified to be fit for use as food pursuant to section three hundred and twelve; except that between the first day of May and the thirty-first day of August of any year, the same may be taken from grounds and waters which are not so certified for the purpose of transplanting the same into certified grounds or waters. The taking of shellfish for the purpose of so

87 Words “boats used in taking " new.

[ocr errors]

transplanting the same shall be subject to such conditions, rules and regulations as may be prescribed by the commission on the recommendation of the supervisor of marine fisheries.

§ 312-b. Patrol of waters and shellfish grounds. The commission shall establish and maintain a patrol by boat of shellfish grounds in this state and the waters adjacent to such grounds. The commission shall appoint such persons as may be necessary to patrol such grounds and waters and may at pleasure remove the same and may fix their salaries. Such patrolmen shall have all the powers of game protectors. Under the direct supervision of the supervisor of marine fisheries such patrolmen shall patrol and inspect all such grounds and waters for the purpose of preventing pollution thereof and of detecting violations of the provisions of this part, and of otherwise carrying into effect the provisions of

this part.

§ 313-a. Drinking and floating regulated. Oysters and other shellfish shall not be subjected to the processes known as drinking or floating, nor kept in water storage except in water which is of a salinity to be fixed by the commission on the recommendation of the state commissioner of health and which shall have been purified by a process and to an extent approved by the commission and the state commissioner of health. Oysters, clams and other shellfish, in the shell shall not be washed preparatory to marketing except with fresh water.

§ 313-b. Sanitation of boats and houses: toilets. All boats, cribs storehouses, containers and other places where or by means of which oysters, clams or other shellfish are taken, received, stored, culled, shucked or otherwise handled shall be kept at all times in a clean and sanitary condition. Boats and storehouses shall be provided with suitable and convenient water closets or toilets, or sanitary appliances, of appropriate type and construction. The state commissioner of health shall prescribe rules and regulations to carry this section into effect.

§ 313-c. Cesspools and drains within fifty feet of shore. It shall be unlawful to maintain any cesspool, drain or other thing or condition creating a seepage or flow tending to pollute the water, within fifty feet of the high-water mark of any waters containing shellfish grounds certified pursuant to section three hundred and twelve or of the bank of any stream flowing into such waters. The commission shall cause inspections to be made to detect the existence thereof.

$ 23. For the purpose of carrying out the provisions of this act the sum of fifteen thousand dollars ($15,000), or so much thereof as may be necessary, is hereby appropriated out of the moneys in the state treasury not otherwise appropriated.

§ 24. This act shall take effect July first, nineteen hundred and twenty-five.

Appropriation.

In effect July 1, 1925.

amended.

CHAPTER 351
AN ACT to amend the conservation law, in relation to the taking of cotton-

tail rabbits.
Became a law April 2, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision one of section one hundred and ninety- L. 1911, six of chapter six hundred and forty-seven of the laws of nineteen ch, 1847, hundred and eleven, entitled “An act relating to conservation of sud. 11 land, forests, waters, parks, hydraulic power, fish and game, constituting chapter sixty-five of the consolidated laws," as added by chapter three hundred and eighteen of the laws of nineteen hundred and twelve and last amended by chapter two hundred and eighty-nine of the laws of nineteen hundred and twenty-three, is hereby amended to read as follows:

1. Open season. The open season for varying hares shall be from October fifteenth to March first, both inclusive. season for cotton-tail rabbits shall be from October fifteentho to January thirty-first, both inclusive. The use of ferrets is at all times prohibited, except that the commission may by resolution permit ferrets to be used in particular counties. The owners or occupants of inclosed or occupied farms and lands or a person duly authorized in writing by such owner or occupant may take except by use of ferrets in any manner at any time and in any number varying hares and cotton-tail rabbits which are injuring their property. Except in counties where the use of ferrets is permitted by the conservation commission, the possession of ferrets afield shall be presumptive evidence of their illegal use.

§ 2. This act shall take effect immediately.

The open

CHAPTER 352

AN ACT to amend the conservation law, in relation to the taking of

black bass.

Became a law April 2, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision one of section two hundred and thirty- L. 1911, one of chapter six hundred and forty-seven of the laws of nineteen 2017, hundred and eleven, entitled “An act relating to conservation of subd. 1 land, forests, waters, parks, hydraulic power, fish and game, constituting chapter sixty-five of the consolidated laws," as added by 1 Previously amended by L. 1913, ch. 508; L. 1018, ch. 144; L, 1021, ch. 498. ? Formerly " October first."

,

chapter three hundred and eighteen of the laws of nineteen hundred and twelve, is hereby amended to read as follows:

§ 231. Bass; open season; limit. 1. Open season. Black bass not less than ten inches in length may be taken and possessed from July first to November thirtieth, both inclusive, Sexcept that in the waters of Lake Ontario and the Saint Lawrence river they may be taken and possessed from June sixteenth to November thirtieth, both inclusive.

§ 2. This act shall take effect immediately.

L. 1911, ch. 647, f 185, subd. 1 amended.

CHAPTER 353
AN ACT to amend the conservation law, in relation to joint hunting, trapping

and fishing licenses.1
Became a law April 2, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision one of section one hundred and eighty. five of chapter six hundred and forty-seven of the laws of nineteen hundred and eleven, entitled “An act relating to conservation of land, forests, waters, parks, hydraulic power, fish and game, constituting chapter sixty-five of the consolidated laws," as last amended by chapter three hundred and eighty-one of the laws of nineteen hundred and twenty-two, is hereby further amended to read as follows:

§ 185. Hunting, trapping and fishing license.

1. License required. No person or persons shall at any time, hunt, pursue or kill with a gun, any wild animals, fowl or birds or take with traps or other devices any fur bearing animals, or engage in hunting, trapping or taking fish by angling, spearing, hooking or tip-ups, except as herein provided, without first having procured a license so to do, and then only during the respective periods of the year when it shall be lawful.

§ 2. Subdivision five of such section, as last amended by chapter one hundred and ten of the laws of nineteen hundred and twentythree, is hereby further amended to read as follows:

5. Contents and power under. Said license shall be issued in the name of the commission, and be sealed with the seal of the county, city or town in which the same is issued and be countersigned by the clerk issuing the same, provided, however, that no license shall

1 And amended by L. 1923, ch. 204.
2 Formerly June sixteenth."
3 Remainder of subd. 1 new.

1 The amendments effected by this act are 80 numerous and extensive that it is impracticable to indicate the changes made. The amendments, in general, require licenses for fishing.

2 Added by L. 1912, ch. 318. Previously amended by L. 1913, ch. 508.

3 Added by L. 1912, ch. 318. Previously amended by L. 1913, ch. 508; L. 1922, ch. 381. Subd. 5 was amended by L. 1925, ch. il, ante; the amendments effected by said ch. 11 are not incorporated in sybd. 5 as here apended.

$ 185, subd. 5 amended.

subd. 6 amended.

[ocr errors]

be issued to any minor under the age of sixteen years. Every license issued shall be signed by the licensee in ink on the face thereof. It shall entitle the person to whom issued to hunt, pursue and kill game animals, fowl and birds, to trap fur bearing animals and to take fish by angling, spearing, hooking and tip-ups within the state at any time when or place where it shall be lawful so to hunt, pursue, kill and take such game animals, fowl, birds and fish in this state. The license shall not entitle the holder to hunt, pursue, kill or take such game animals, fowl, birds and fish upon an Indian reservation unless the licensee be an Indian residing on such reservation. No such license shall be issued to any unnaturalized foreign born person, resident in the United States, except by special license issued directly by the conservation commission.

§ 3. Subdivision six of such section, as last amended by chapter 185, eighty-one of the laws of nineteen hundred and twenty-three,“ is hereby further amended to read as follows:

6. Carrying and exhibiting same. No person required to have a license by this section shall be entitled to take wild animals, fowl or birds, or trap fur bearing animals, or take fish by angling, spearing, hooking or tip-ups in this state unless at the time of such taking he shall have on his person a license issued to him under this section, and shall exhibit the same for inspection to any protector or other officer or other person requesting to see the same. A licensee shall also wear in

wear in a conspicuous place on his clothing a button to be furnished by the commission through the clerks issuing licenses. Buttons shall be uniform in size and shall bear a number corresponding to the number of the license delivered to the applicant and such other matter as may be determined by the commission. The failure of the licensee at all times while hunting, trapping or taking wild animals, fowls, birds or fish, to wear such button in a conspicuous place on his clothing or failure to have his hunting, trapping and fishing license upon his person, shall cause a forfeiture of his license. Such person shall surrender upon demand his license and button to any game protector or other person duly authorized by the commission to receive the same. No other or additional penalty than the forfeiture of his hunting, trapping and fishing license, as herein provided, shall be suffered by a licensee failing to wear such buiton or failing to have his hunting, trapping and fishing license upon his person. But such forfeiture shall not operate to prevent a person from procuring another license as provided in this section.

§ 4. Subdivision eight of such section is bereby amended to read Subs as follows:

8. Exception. Provided that the owner or owners of farm land, and their immediate family or families occupying and cultivating the same, or the lessee or lessees thereof and their immediate family or families who are actually occupying and cultivating the

subd. 8 amended,

4 Added by L. 1912, ch. 318. Previously amended by L. 1913, ch. 508; L. 191 6, ch. 521; L. 1917, chi 488; L. 1922, ch. 37.

5 Added by L. 1912, ch. 318. Amended by L. 1913, ch. 508.

« AnteriorContinuar »