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o VOL. IX NO. 5 MONTPELIER, IDAHO, FRIDAY, MARCH 27 1903. The New Fish â Game Law J. J. 4 an 4 m, „ , , , The new fish and game law passed by the recent legislature provides that f v,a un the governor shall appointa state fish QT1 j and game warden, wuose duty it shall 1 0 à U J . .. I e to protect the fish and game of the . , , ,, , ... state, and to enforce the laws relating thereto. mi -, . , , .. • a 4 Ihe warden is hereby authorized to Q „ , ... . . arrest, without warrant, any person or . . . . .. persons found violating any of the pro vissons ot the fish and game laws, when ....... . . detected in the act, or found with fish • ., . . , ,, .. or game in their possession, at the time „ r, . t of their arrest. m , . , The warden is made an executive of ficer and shall at all times when possible take the field in person in the perfor manee of his duties. During the open season he shall personally supervise the protection of large game and the deteo tion and punishment of violators of the fish and game laws. The warden is empowered to appoint such deputies as are necessary, and to appoint one or more in each county up on petition of 10 or more resident tax payers, and they shall have the same power as the warden. It shall be unlawful to wantonly waste or destroy the fish or game of this state, or to take, kill or capture or destroy any of the game animals in excess of the number hereinafter provided at any time of the year sociation or corporation may establish, maintain or own a private park, lake or stream for fish or game or both, on premises owned by him or it respective ly, and to that end may employ means to preserve and propagate such fish and game, and it shall be a misdemeanor to trespass thereon; 1'rovided, That no private park Shall be established under the provision of this act so as to contain any lands or water where wild game and food fishes naturally abound, and shall not be construed so as to permit any person or persons to barter or sell at any time of the >ear any fishes not the original product of the waters con tained in said park: Provided, futher, It shall be unlawful to sell trout, gray ling. bass or sunfish, at any time of the * # * Any person, as It shall be unlawful to kill or destroy or have in possession for any purpose year. It shall be unlawful to catch or kill species of fish, except salmon, any sturgeon, carp, mullett, sucker, white fish or charr, in any of the streams, rivers, lanes,or reservoirs or waters with any seine, net or spear, weir, fence, basket, trap, gill net or any other con trivance: Provided however, That it shall be lawful to catch trout, gray ling bass and sunfish with the hook and line attached to a pole or held in the hand, except from the first day of November to the first day of April of each year. But it shall be unlawful for any person or persons to sell or offer for sale any species of fish protected by this act, at any time of the year. It shall be unlawful for any person to catch more than 20 pounds of trout, bass catfish, grayling or sunfish in anv one day ... at any time of the year, any trout or black bass less than four incues in . . , length, and the possession of any snch „ J fish shall be a misdemeanor. r , .. i c 1 r It it unlawful for any person or per ...... 1 sons to stretch a line or lines m or across . . ... . . . ; any of the waters of this state and at 4 . v 4 .U * l i ii tach thereto hooks commonly known as_ „ , i „ ,. J "snag book fishing. ' T . . i, , . . . . ., It shall be unlawful for the owner or , . , owners of any saw mill, reduction works ,. a . , , smelters, refining or concentration works 1 „ „ .. . ., . i or any of the employees thereof, or any 1 ,, , 1 other person or rersons, whomsoever, to 1 • .. . ' i deposit, throw, or in any way permit to 1 pass into any natural stream or lake any I saw dust, chemicals, or other substance | that will, or may tend to the dest.uc-!» tion or driving away from such waters, I any fish or kill any fish by the use of I any poison or deleterious drugs or by j 1 ! procure permission from the county . . J ! commissioners, or the state or* deputy warden of the county in which the ex- 1 plosion is to be used. Nothing in the ' act shall prevent ehe owner of any 1 quartz mill or reduction works in the ' state nor hereafter to the located upon ! any natural stream or lake fromoperat-1 . . * mg said quartz mill or reduction works , , where the said owner shall build a suit , , . .. , ,, < able dam to be used m connection there with, tor preventing any delorion. chemicals from flowing in such stream* T , . , i , , ... it shall be unlawful to kill, eusnare. . _ , . , , trap or destroy any sage hen except be . . t i , r , . y . tween July 15 and December 1, or for , , ... ,, ._ . any one person to kill more than 18 hi anv one dav , . To kill, ensnare, trap or destroy any partridge, pheasant, grouse, prairie chicken or fool hen except between August 15 and December 1, or for any one person to kill more than 18 birds in any one day. Tc kill, ensnare, trap or destroy any turtle dove, or other specie^ .of plover except between v the 15th day of July and tl*e 15th day of February of each year. To kill, ensnare, trap or destroy any the use of any explosive substance, or 1 to explode or cause to be exploded, any powder, hercules, powder, dynamite nitro-glycerine, lime gas or other ex plosive substance for tho purpose of catching, killing or destroying anv kind of fish: Provided, that it shall become necessary for any person or persons to use any explosive for the purpose of in ternal improvements in any of the streams or lakes of this state, such per son, before using such explosive, must 1 ; To destroy any nest eggs or the young birds of any game bird, or to molest them during any season of the year is made a misdemeanor. It is made unlawful to pursue, cap ture or kill any moose, buffalo, antelope or lake. to duck except between September ,15 and February 15 or to kill more than 24 in any one day. To kill, ensnare, trap or destroy any geese or swans between February 45 and September 15, or to kill more than three of either in anv one day. ' or cariboo at any time or to pursue, hunt or kill any deer, elk, mountain sheep, mountain goat or antelope, at any time except between .September 1 and December 81 • It shall De unlawful any time to kill or capture any of the above named animals by means of any pitfall, trap or snare. And it shall be unlawfu i at any time of the vear to hunt chase or capture with dogs, any or tne „ . animals mentioned. or w Q Ka v, It «nall De unlawful to hunt or hsh D r ,_. „ , . . ^ tv,:« o .f «« for Tany kind of game under this act un «i „ til a license is procured as provided here on „„j Mman ,.,j an in and upoh request of the game warden .. a __ „„„v. 1 ;__. or his deputy such license must be pro- $ , duoed for inspection. r ;. WHO CAN PROCURE license. . , „ . Any male member of the state over to y .. 12 years of age cau procure license up J h ^ . on the payment of $1 from any justice 11 tuo v J of the county in which he resides, or J war< I en 01 an y 1 cputy wai en wllich wiU P ermit him to hunt and fa9, ' 11 accordance with the provisions of in law. I j for Non-residents can procure a license upon payment of $25, which will entitle them to all the provisions under this act. and upon payment of $5 to hunt game birds and catch fish with a hook and line. All female pei*sons may take game 1 and fish under the provisions of this act without procuring a license, as provid ed by this act. All licenses will expire on February 15th following date of issuance. It shall be unlawful during the open season of each year for any person to ! hunt, kill or capture, more than one , „ . , _ . . ! male elk, two deer, one mountain sheep, 1 ' 1 ' ! I skins, heads or horns, or other parts or animals killed in compliance with the 1 . . . .. . , V, ._sive, provisions of this act .But no person, . ■. ,,_. j £7°","°"°' „Hf The carra», , , * .. . . skins, headgear, antlers of any animals I mentioned in this act, or to offer or ex *1 . _ tny . ! pose for sale, or have in possession for : the purpose of selling or offering for , F y ,. .. , tu. I sale, any specie of fish protected by this l . J I act> or aay parfc of acarca88 of any of -the animals mentioned in this act at 1 ; ca P tare or destroy any song, insectiv I oroU8 or innocent bird, except English 1 «parrow, magpie or bee bird at any time of the year or to destroy the eggs or nests of such birds. 1 1 one ibex and one mountain goat. Everyone having a license is entitled to the use and possession of the whole ; or any part of the animal killed, and now-residents shall be entitled to keep, and carry or ship out » f the state the duties OF officers. It is made the duty of the state fish game warden and all deputies and every sheriff, deputy sheriff, city mar shal, constable and police officers with ' in their respective jurisdiction to en force all the provisions of the law and is 1 such officers excepting the warden and j his deputies are created ex-officio fish j and game wardens for their respective jurisdiction, and are given authority to any time of the year. It is made unlawful for any railway, express com pan v, stage line or any other common carrier, to transport or have in possession, any of the game an imals or birds mentioned in th|s act. It is made unlawful to hunt, kill. and inspect all places where they have good reason to believe the law is being vio lated, with or without a search war „ .. . . , . se t on fire, any timber, underbrush .. ... . . , or grass on the public domain or leave ^ , D r suffer fire to burn unattended near i . , , , , .. . anv timber wherebv surh timber is set . , ;. „ . on fire. The violation of this section is . , , , , „ . .. punishable by a fine of not exceeding . , . . $ 300 . or imprisonment in the county ... . ,. . . * jail not exctedmg six months, or both ;. ,. . _ . , ... fine and imprisonment. Partie i failing . . „ ,. . , _ . 0 to wholly extinguish fires built near , , _ ... such places will be guilty of a nnsde -, . meanor and will be fined as above, dams must have fishways. It is made unlawful lor any person, firm8 or corporation to maintain a dam in any stream of this state, unless a proper fishway is kept and maintained rant. FOR PROTECTION OF FORESTS. For the protection of game it is nec essary to protect the forests from the ravages of fire and it is made unlawful for any person to set on fire, or cause to , . ,, , , All seines, net, tackle, powder, explo 1 . , ,, lime, poisons, drugs and other 1 * 1 n li means or devices for unlawful fishing, tak ; n * " nd <>f «"» kind found m the possession of any person who may . therein, at all seasons of the year, at the owner's expense, of sufficient kind and capacity to permit and allow the fish of such stream free and uninterrupted passage up and down said stream- For failure to comply with this provision the warden is empowered to out the dam open and keep it open until a proper fishway has been provided- Per sons using water power having head gates or tail races, must maintain suit able screens or other device to prevent the fish from entering therein. MAY SEIZE GAME Any officer mav at any time seize and take into custody any game or fish or any portion of the same, which he may find at any time in the possession of any person, company or corporation during the period when 'the killing of such game or fish is not permitted by the laws of this state. be detected in unlawfully taking fish from any of the waters of the state, shrill be seized by the officer making the arrest, and if it appears from the evi dence before the magistrate trying the case that the same is for taking or kill ing fish were used, or were about to be used, or intended to be used for the un lawful taking of fish, the same are here by confiscated and shall be ordered sold by the magistrate at public or pri vate sale and the proceeds must be turned into th6 county treasury to be applied to the state fish and game fund. THE PENALTY. The penalty for the violation of any portion of this act is punishable 'by a fine not exceeding $300 or imprisonment in the county jail not exceeding six months, or both in the discretion of the court. The salary of the warden is fixed at $1200 per year and $600 for traveling expenses Deputies will be allowed $8 en- a day for actual services, but no travel * n 8 expenses, and shall not receiye pay °L 1 f 10 f e an ays ln ont, vear. trial of caae8 the ma £ ner of keeping the records and for turning the money to into the state treasury.