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L. 1892, ch. 488.

Ch. 31, G. L.

THE FISHERIES, GAME AND FOREST LAW,

As amended to the commencement of the session of 1896.

L. 1892, Ch. 488 — An act relating to game, fish and wild animals and to the forest preserve and Adirondack park, constituting chapter thirty-one of the general laws and to be known as the fisheries, game and forest law.*

[Became a law May 5, 1892, taking effect immediately.]

CHAPTER THIRTY-ONE OF THE GENERAL LAWS. THE FISHERIES, GAME AND FOREST LAW.*

Article

I. Fisheries, game and forest commission. (§§ 1-8.)
II.* Game protectors' powers and duties. (§§ 20-33.)

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VI.

VII.

VIII.

IX.

Miscellaneous and local provisions. (§§ 130-53.)

Special provisions as to Queens and Suffolk. (§§ 160-75.)
Shell-fish. (§§ 180-98.)

Private grounds and parks. (§§ 210-16.)

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XIV. Laws repealed, definitions and other provisions. (§§ 300-9.)

[Thus am. by L. 1895, ch. 395, taking effect April 25, 1895. See Stat. Const. L., § 34, ante, p. 119.]

ARTICLE I.

FISHERIES, GAME AND FOREST COMMISSION.

Section 1. Short title of chapter.

2. Fisheries, game and forest commissioners, how appointed.

3. Terms of office of the commissioners.

4. Commissioners, compensation and expenses.

5. Fish culturist.

6. Office and clerical force.

7. Duties of commissioners.

8. Board to report annually to the legislature.

*The title and articles 1-2, §§ 1-33, of L. 1892, ch. 488, originally known as were thus am. by L. 1895, ch. 395, §§ 1-2, taking effect April 25, 1895.

"The Game Law,"

S$ 1-6.

Ch. 31, G. L.

L. 1892, ch. 488. Section 1.* Short title of chapter. This chapter shall be known as the fisheries, game and forest law.

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§ 2. Fisheries, game and forest commissioners; how appointed. The governor shall appoint, by and with advice and consent of the senate, five commissioners who shall constitute the board of fisheries, game and forest.

§ 3. Terms of office of commissioners. The terms of office shall be five years. The governor shall nominate and appoint, by and with the advice and consent of the senate, one of the commissioners to be the president of the commission. The commissioners shall designate one of their number as shell-fish commissioner, who shall have entire charge of the shell-fish work of the commission and shall certify to the commission as to whether the grounds applied for are beds of oysters of natural growth. § 4. Compensation and expenses of commissioners. The president of the commission shall devote his entire time to the duties of his office, and shall receive an annual compensation of five thousand dollars, payable in monthly installments together with his actual and necessary traveling expenses. The remaining four commissioners shall each receive one thousand dollars annually and necessary traveling expenses, not exceeding five hundred dollars payable in monthly installments.

$5. Fish culturist. The board of commissioners shall ap point a fish culturist not one of their own number, who shall be known as the State fish culturist and who shall have charge under the direction of the commission, of the culture of all fish in the State, and who shall receive an annual salary of three thousand dollars and necessary traveling expenses. Said board may also appoint an assistant to said fish culturist at an annual salary not exceeding one thousand five hundred dollars and necessary traveling expenses.

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§ 6. Office and clerical force. The board shall have an office in the capitol at Albany, and shall hold meetings at such office on the second Tuesday in January, April, July and October, and at such other times and places as the commissioners shall appoint for the transaction of business. It may, with the consent of the governor, have a branch office in the city of New York. It shall be allowed a secretary at a salary of two thou sand dollars per annum, an assistant secretary at one thousand five hundred dollars per annum, and such other clerical assist

*Articles 1-2, §§ 1-33, thus am. by L. 1895, ch. 395, taking effect April 25, 1895.

Ch. 31, G. L.

S$ 7,8.

L. 1892, ch. 488. ance as shall be actually needed, together with the necessary contingent office expenses. The secretary may also be designated by the commissioners as engineer of the commission without further compensation, or the commissioners may appoint an engineer and fix his compensation.

[As to office in the capitol, Pub. Build. L., § 3, sub. 1.]

§ 7. Duties of board of commissioners. The duties of the board of commissioners shall be to propagate and distribute food and game fishes, and shell fish, and to keep up the supply thereof in the various waters of the State, and for this purpose it shall have the conduct and control of such hatching stations as are now owned or operated by the State, and such as may be hereafter established. The board of commissioners shall also be charged with the enforcement of all laws passed for the protection of fish and game, and for the protection and preservation' of the forest preserve, and shall have the care, custody and control of the Adirondack park and forest preserve, and shall have all the powers and duties imposed upon them by articles twelve and thirteen of this chapter. The board of commissioners shall also have the care of all lands under water which have been designated, surveyed and mapped out, pursuant to law, for oyster beds, and power to grant franchises of such lands according to the provisions of law now enforced, or which may be hereafter enacted. It shall also possess all the powers and perform all the duties given and imposed by this chapter and by other provisions of law.

Such board

§ 8.* Board to report annually to legislature. shall annually make a full report to the legislature of all their official operations for the year ending on the thirtieth of September previous, with such suggestions and recommendations as they shall deem useful. The present commissioners shall continue to hold their offices until new appointments are made under the provisions of this act.

ARTICLE II.*

FISH AND GAME PROTECTORS AND FORESTERS' POWERS AND DUTIES.
Section 20. Fish and game protectors and foresters, how appointed.

21. Term of office of fish and game protectors and foresters.
22. Chief fish and game protector and forester.

*Articles 1-2, §§ 1-33, thus am. by L 1895, ch. 395, taking effect April 25, 1895.

$20-23.

Ch. 31, G. L.

Section 23. Protectors and foresters to give bonds.

24. Compensation of protectors and foresters.

L. 1892, ch. 488.

23. Office of chief protector and forester to be at the capitol.

26. Duties of protectors and foresters.

27. Records and reports.

28. Payment of salary and expenses.

29. Reports by chief protector and forester to the board of fish

eries, game and forest.

30. Special protectors.

31. Powers of sheriffs, constables and deputy sheriffs.

32. Nets to be destroyed by protectors and foresters.
33. Expense of seizure of nets.

§ 20.* Fish and game protectors and foresters, how appointed. The fisheries, game and forest commission shall ap point thirty-five fish and game protectors and foresters, whose powers and duties are hereinafter defined, and who shall be known as fisheries and game protectors, and foresters.

§ 21. Terms of office of fish and game protectors and foresters. Fish and game protectors and foresters so ap pointed, shall hold office during the pleasure of the board of commissioners, which may summarily remove any of their number and appoint another in his place.

§ 22.* Chief fish and game protector, and forester.- The commission shall, from time to time, designate one of such protectors as chief fish and game protector and forester, and two others as his assistants under whatever title he may give them, and the three protectors and foresters so designated shall hold office during the pleasure of the commission, and the commissioners shall further designate another protector to act as State oyster protector, and the protector and forester so desig nated shall hold office during the pleasure of the board. The. chief fish and game protector and forester shall have the direction, supervision and control of the entire force.

§ 23.* Protectors and foresters to give bonds. The chief protector and forester shall give a bond to the board of commissioners, with sureties in the sum of one thousand dollars, and each of the other protectors a bond with sureties in the sum of five hundred dollars, conditioned for the faithful dis charge of his duties, such bond to be approved by the board of commissioners. Any action thereof shall be brought in the name of the people.

* Articles 1-2, §§ 1-33, thus am. by L 1895, ch. 395, taking effect April 25, 1895.

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