| Show l I I t i 1 I FISH AND GAME LAW I Provisions In This Slate Regarding I tie Waters and Forests 11 vuaredn nrl 11 Animals Birds or Fiat or the Slate 1P Following Is the fish and came law as I emended by the last Legislature and as It I I now in force in this Stale AN ACT for the Protection of Flili Game and I Birds for Appointment of Stale and County Wardens end Prescribing their l Duties to Provide Penalties for the Viola k lion ol Ibis Act and I to licwa 1 Acts I and Parts of Acts Inconsistent herewith 1 Be it enacted by the Legislalaie of the i iiI f Utah I SECTION I That the Governor ol I the State by and v Ith the consent shl the Sena te shall appoint i n Slate I Fish and appoolnlita I I Game Wurdtn vho shall be a nsidcnt i I citizen of the btnte whose term ol office citzen shall betno yeal and until hli successor I succes-sor i appointed and qualified Provided that when a vacancy occurs in the office of said Warden and the Legislature U Ill not In session the Governor shall have I power to fill such vacancy until the next rgula session of the Legislature and he shall have power to remove the State warden at any time for rause Sec 2 The State warden shall re ceue an annual salary ol fjco lie shall before entering upon the duties of I his office take and subscribe to an oath of office and give n bond in the penal I t i sum ol faso for the faithful performance 11 I t of his duly Such bond shall be approved I ap-proved by and filed with the Secretary I of State t j I Sec 3 The State warden shall have control and supervision ol the waters ot I the I State for the collection propagation I culture and distribution ol fish in the Slate and shall receive and distribute t all fish fish try and spawn coming Into J II I his hands fairly and equitably among the several counties He shall I have lull I comrolol all the property of the State obtained or held for the purpose contemplated I con-templated by this act and he shall have I power to appoint special deputies without with-out pay to assist in enforcing the provisions I pro-visions ol this act I I Sec 4 I shall be lawful for the i State Fish and Game Warden or any I person appointed by him In writing so to do to take fish and game ol any kind I I dead or alive or in any manner under I the direction of the county fish and i or game warden for the purpose of m < pec I 11 i ton cultivation propagation distribution distribu-tion scientific or otliir purposes deemed j 4 deem-ed by him I to bo in the interests of the II fish and came industry of the State He shall 1 make n detailed report ol i his I I If transactions including the num I ter an 1 kinds ol fish distributed and the 1 4 1 locality and name of streams ponds or lakes where the same have been placed I I I V and submit such report to the Legislature Legisla-ture during the reI week of Us ensuing regular session Sec 5 At their first session after the t passage of this set the counts commissioners f il commis-sioners of each county ol the State shall I appoint a county fish and game warden I whose term of office shall be two years and until his successor shall be appointed I C Bud qualified Said county warden shall 111 before entering upon the duties ot Mi 4 office take and subscribe to an oath of old 1 office and give 1 bond in the penal sum I or re for the faithful performance ol i 1 hit duty said bond shall be approved by 4 the county commissioner and filed in the office of the county clerk The county warden shall receive adequate I I t compensation for his services to be determined de-termined andpaid by the county commissioners com-missioners out ol the county treasury i I I v and stall perform his duties under the direction of the State warden and the J I I county commissioners and may be removed 1 re-moved for cause by the State warden I with the consent of the county comtnis H te ol III filoners j Sec 6 I shall be the duly ol the county wardens to see that all laws of I I the State for the protection of fish and game are faithfully enforced in their j resptctive counties and for this purpose they together with the State warden and his deputies arc hereby given the same authority exercised by sheriff and i f constables It shall be the duty of the 11 county warden to report his official acts I to the county commissioners of his couatr rycommisione I county annually Se 7 The said county wardens I I by authority of the State warden may r take or cause to be taken from the I waters within their respective counties 1t at any time or in any manner any kind it 1 1 of fish for the purpose of inspection or propagaton rhe county wardens shall I make detailed reports of their Official doings to the State warden during the 1 first week in December ol each 1 ear I Sec 8 It shall 1 be the duly of the dc ol seO I county warden to take or cause to betaken i I t be-taken in the best practical manner any imported fish mountain trout bass or I I Iicrmic found In pools or other places I in which receeding waters ol the rivers streams canals or otliir waterways have j lelt them and which are likely to become t be-come dry and to carefully put the live I o fish thus taken into main bodies of j I water and to make the best disposition I ol the dead fish in the mtertst of the county treasury I 1 traury r Sec 9 The owners of any dam I on b across any of the stream of this state 11 shall il required by the county fish and I t game warden and under Ins direction erect and maintain I at all times at the expense I terect cs fds ra abf I pense of said owner or owners suitable f fishway tb allow the free and uninterrupted uninter-rupted passage offish up and down the streams Provided that nothing ofn this iIi i net shall be so construed us to interfere rea su rt Ii with acquired rights to the use of water J in this mate Sec 10 It shall be unlawful f tar any lo i I person or persons operating any mill factory power plant or other mimifidur i Ing concern lun by waterpower and having I either head or tail races without first furnishing and maintaining su table frst I I screens or otner device to prevent the I fish from entering therein said screens I to be built and maintained under the 1 direction 01 the county warden and at the expense of sid owner or owners or 1 operators of sid mill factory power marts or otter manufacturing concern I Provided that the woolen factory race at 1 I Provo Utah County this Mate through which fish reach Spring Lakebe mastic I an exception to these obligations ard t Provided further that the owner or i iotatolhalgw owners or operators of said woolen I factory or other I factories I or mils situated 4 upon said race furnish i and maintain I i at all times and at their own expense I to I suitable screens to prevent IWi from I 1 I enteitrg the waterwhees and wAter I I pipes of said factories or mills Slid I screens to be built at d maintained under I t the direction ot the county warden bee 2 It hal be unlawful for any e I 7 I perun K lo lake any Ii h except carp lo hubs suckers and mullet from any of I the waters of this state by any means I or device whatever except by meansof book and line commonly known aq I oullilling I a nd only btt the cen Isth tillat lh bl I 11 I t each jear dud the m I ta Of I cemsber tail Ing cc Il shall l bs unlawful for any I k mV ii iaiirV211IIQ I person to sell kill destroy or have in tits possession any bass whatever at anytime any-time alter the las r day of December and before the 15 li day ol June following bee 13 151 is are made unlawful lor any person to lake kill or have In I his possession any catfiih perch rock bass crappie rainbowtrout goldfish silverfish or silver eel taken from the waters of Ihe I State for a period of r two years alter the passage ol this act Sec 14 1 J shall be unlawful lor any person to > hl ill l or take any fish from the waters of the State by the use of tiny polston deleterious or stupefying drug giant powder or qu cklime or any explosive plosive substance whatever or to place or > to use in or on tl e surface of such w let any giant powder quicklime or any explosive substance t or any poison deleterious or Us stupefying gp or to have In his possession any fish killed or taken by the use or aid of any oflhcse substances Any person found guitly of violating any of the provisions In this section shall be lined in any sum nOlI less thin one hundred dollars lor each offenses or imprisoned In the county Jai I net less than ninety nor more than one hundred and twenty days or by both such fine and Imprisonment Sec 15 It shall be unlawml for any person to take any full except cap chubs and suckers from the public waters of the State by the erection ol any weir dam fence wheel basket trap net seine setline sieve spear or gun or any other device whatsoever wnich can only be used for the unlawful catching of hsh Provided that for the purpose ol catching carp chubs mullets or suckers and these fish only eln Snot S-not more than two hundred yards long and twel e feet wide with meshes not less than ole and onehalf Inches square for filly yards in the center and meshes not lets than two inches square in the wings thereof may be used m Utah aud Sec lakes and In the ColoradoGreen and Grand rivers between September tat and May 15111 following bath days inclusive in-clusive Provided that before any pet son shall use seines in Ihe waters abovementioned above-mentioned such person shall secure the presence of either the county warden or us deputy who shall be paid not to exceed ex-ceed ta per day by the party drawing the seine Sec 16 I shall be unlawful to use seines Iihin onehal mile from the mouth of any stream flowing into Utah Lake or the mouth ol Spring Creek channels i Chml lead into I said lake or within onehalt mile fiom the mouth ol any public streim or body of water connecting con-necting two other bodies ol wat > r in this State Provided that seines may bused b-used in Dear Lake only between the 1511 day of May and the ijtli day of July for the purpose of catcning carp chubs suckers and mountain herring and these full only Sec 17 It is hereby made the duty of the warden of each county on the recommendation of the board ot county commissioners to sec that all Irrigation rlftf canals Alien deemed necessary in the judgment of the county warden are device properly protected by some which will not be the means ol obstructing obstruct-ing the Haw of water into such cam Is so that no liili may enter said ditches after May ijth ol each year said device to bed be-d and maintained by the county commissioner for each county Sec iS I shall be the duty of the owners or operators of any reservoir to furnish and maintain at all times n suitable able screen at the head of their reset volrs such o mil effectually prevent fish from any waters ol the Slate from passing Into the reservoirs the same to be maintained under the direction and approval of the county warden when directed so to do by the board of county commissioners Sec 19 All seines net tackle powder explosive lime policnj drugs and other means or devices for unlanful ly taking or killing fish of any kind found in the possession of any person who may be detected in unlawiully taking tak-ing fish from any of the water of the Slate shall be seized by the officer making the arrest and If it appears from the evidence before the magistrate try Ins Ihe case that the seines nets nowder cxploslvelime polsions drugs and other means and devices for taking or killing I fish were used or were aoout lo be used or intended lo be used for the un lawful taking of fish the same are hereby here-by confiscated and shall be by order of the magistrate taken and disposed ol In the interest of the county treasury Sec 20 It shall be unlawful for any person to kill wound ensnare or trap within this State after November the first and before the ist day of Sapient berthe following year any elk deer buffalo bison antelope or mountair sheep or any fawn or young tinlayfol said animals and it shall be unlawfu for any person or persons at nny time to have any female elk deer any a bison antelcpe or mountain sheep or any lawn or young of any of said animals an-imals In thtir possession and the possession pos-session of the whole or any part of the carcass of any of said animals shall be prima facie proof of such unlawful taking or killing Sec ar U shall be unlawful for any person or persons to pursue with any dog or dogs any of the animals mentioned men-tioned in Section m of this act Sec 33 It shall be unlawml for any person to kill ensnare net or entrap or have in his i possession within tile State any partridge pheasant prairie chicken orgrcuse after the ist day of December Decem-ber and before the 1st day of September Septem-ber following of any year or ta rob or destroy the nest eggs or young of any ol the bids mentioned in 1ms section Sec 33 U shall be unlawlul for any person to kill or to have in his possession posses-sion any sagenen after the first day ol February and before the ut day ol August following in any year Sec 34 It s > all be unlawful for any person to kill ensnare net or entrap at anytime in any > car any gull ow hawks lark whippoornill thrush swallow snow bird or other hvectivorous or song birds I excepttho English spat row 0 r r e ests eggs or yo I an I protected I birds mentioned in I I ctlon Provided I I that when petitioned by fifty I taxpayers olanycountyl in the State the revision of Section 34 of this act so far as it relates to the killing of hawks may be suspended in such county Sec 35 It shall be unlawful for any person to take kill wound or shoot at or have in Its possession any ildgcose duck snipe Lrant or Iavan beton eon me i5th day ofFetruary and the ist day of October following to rob or destroy the nests eggs or young of any of Said birds ruentiontcl in tills tection or to take kill mound or shoot at any at the birds mentioned men-tioned in this Section bttwcen sunset and one It our before sunrise and it s all be unlaw ful for an pcrsn to use any un larger that ten 6o gauge while hur1sig lot fowl or birds See 26 Any person who shall have In his possessirn any game fish or birds taken unlawfully is guilty of a ailsde meaner All fish or game taken unlawfully unlaw-fully or offered for sale vi lien so taken hall be seized by the Slate cr county fish and game warden and disposed of lot the best interest of the county tress ury of the county In which said seizure in ty be made Tile possession of any animal fish or bird or the remains or any part of tha remains tlureof within the times or peibds within which the taking or killing of tne same Is prohibited I pro-hibited shall be frima facie evidence of such unlawful taking or killing Sec 37 Any person Who shall hereafter nt any time within the State wilfully kill wound ensnare trap or shoot at or have in his possession any birds commonly know as the raongolian or Chinese pheasant English pheasant pinnated grouse or quail except the quail Ioun In Southern Utah commonly common-ly called the Ca llornli quail shall be guilty of n mhdmeanor Sec 38 Any person violating any of the provisions at this act other than the provisions of section 14 shall be guilty of a misdemeanor and shall be fined not less than iIS nor more than 1300 or Imprisoned not less than five days nor more than thirty days or both at the discretion ol the court All fines and forfeitures collected under the provisions pro-visions ol this act shall be plid into the county treasury of the respective coun tiesSCC Sec 39 For the better advancement advance-ment ol the fish interests of the Slate he State Fish and Game warden and county fish and game warden by nnd with the consent of the county commissioners ioners may sclcet and reserve one stream lake or pond In each county for he purpose of planting breeding and propagiting fish Such reseivatlon may continue for a period of not longer than four years end it shall be a misdemeanor for any person to fish many stream lake or pond while so reserve I When any stream lake or pond is selected for the purposes named the county warden sha 1 forthwith post or cause lo be posted Conspicuous naticts thereof alo g the banks or shares at such S tream lake or pond at distances not to exceed one mile apart and Ito county warden shall also cause notice thereof to be tublished in the neatest newspaper to such lake Itreant or pond for two weeks pilor to he closing of such stream take or pond to public fishing Sec 30 It shall be unlawlul for any person or persons at any time to ship or came to lis shipped carried or transported trans-ported out ol the Slate any ol the an imaU birds or fish or any part thereof mentioned In this act Sec 31 Chapter XCVI Session Laws of i896 and all acts anj parts of acts In conlfict herewith are hereby repeated Sec 32 This act shill take ciect upon approval Approved March 11th 1897 |
