SK 375 .A5 1903a Copy 1 SYNOPSIS OF Amendments to Game Law OF COLORADO APPROVED APRIL 13, 1903 ALSO REGULATIONS PROMULGATED BY THE COMMISSIONER J. M. WOODARD, Commissioner .DENVER, CCLO. . ' ■ \ ' . THE SMTltt-enOOKS f?RIN?!N«) CC^ 1 , ■ : 1903 >,>>>> ° •>', . 1 )V 37 1904 D.ofD, •• •• • • • • • • • SYNOPSIS OF Amendments to Game Law OF COLORADO *- APPROVED APRIL 13, 1903 ALSO REGULATIONS PROMULGATED BY THE COMMISSIONER J. M. WOODARD, Commissioner DENVER, COLO. THE SMITH-BROOKS PRINTING CO. 1903. CIS STATE OF COLORADO, Department of Game and Fish. AMENDED LAWS AND REGULATIONS. Denver, Colorado, May 20, 1903. To All Wardens: At the session of the legislature just ended the game laws were amended in several respects. These amendments will be in effect July 12, 1903. Your attention is called to the following synopsis of the most important features of the LAWS AS AMENDED. I. OPEN SEASONS, ETC. Deer with horns, September 15 to 30; grouse, sage and prairie chickens, September 1 to October 20; ducks and other water, fowls and waders, September 10 to April 15, except in regions over 7,000 feet, where it is Sep- tember 15 to May 1; doves, August 1 to 31; fish, June 1 to Oc- tober 31. The season on elk, antelope, mountain sheep, wild turkeys and quails is closed until 1907. Limit to Each Person — One deer per season; birds, 25 per day, 50 in possession at one time; trout, 20 pounds; other fish, 50 pounds per day; trout 25 pounds, other fish 50 pounds in pos- session at one time. Length limit on trout, 7 inches. Food for wild fowls must not be placed within 100 yards of any shore or blind. No fishing between 8 p. m. and 4 a. m. The public to have the right to fish in any stream stocked at public expense, -subject to action for damage done to private property. Fishing with snag hooks and trot lines permitted in the Grand river below the mouth of the Roaring Fork, in the Gun- nison river below the mouth of the Uncompahgre, and other rivers where there are no trout. 3 II. IMPORTATION AND SALE. Instead of obtaining an importation certificate for each shipment of foreign game and fish, as heretofore, importers are required to procure a license from this office; fee, $50.00 per year, III. HUNTING LICENSES. Every one hunting deer or protected game birds must have a hunting license. There are three kinds of hunting licenses, viz.: 1. Non-resident general hunting license for hunting deer and birds, good anywhere in the state; fee, $25.00 per year. Is- sued only by the Commissioner. 2. Non-resident bird hunting license for hunting birds only, good only in the county named and for time specified; fee, $2.00 for first day, $1.00 for each subsequent day. Issued only by the Commissioner. 3. Resident general hunting license for hunting deer and birds, good anywhere in the state; fee, $1.00 per year. Resident licenses may be issued by the Commissioner, or any county clerk, but only on blanks furnished and countersigned by the Commis- sioner. No license required for one hunting on his own premises used for agriculture and grazing, and not for club purposes. No license required for fishing. A deer coupon is attached to each general hunting license, which must be signed, dated and attached to a deer when killed. All wardens and officers have a right to inspect and copy license. Application for a hunting license must give name, age, resi- dence, etc., of applicant, and be sworn to. Blanks for same will be furnished by this office. IV. GUIDE LICENSES. Every guide with hunters of game must procure a license from this office; fee, $5.00 a year. He must also have a general hunting license, is entitled to act as a deputy warden, and must report when required. If he violates, connives at or, assists in a violation of the law he is subject to fine and revocation of license. V. TAXIDERMISTS. Every person engaged in taxidermy for hire must procure a license from this office; fee, $25.00 per year. Specimens now lawfully in possession of taxidermists will be tagged without charge. Any person in lawful possession of a specimen may procure a certificate to that effect from this office; fee, $1.00. VI. SCIENTIFIC SOCIETIES. An incorporated society, on request of the Governor and recommendation of two well known scientific men, and giving bond for $1,000, may obtain from 4 this office a permit to procure specimens of game and fish for scientific purposes only. The Commissioner may authorize the retention by any resi- dent of the state of not more than two young game animals aban- doned by their mother and taken to save their, lives. VII. DOMESTIC CERTIFICATES. Every person lawfully taking game birds or fish must at once attach thereto a certificate signed by him, stating the kind, number, place where and date when taken. The following is the form for such certificate: Form 13 — Domestic Certificate. STATE OF COLORADO, DEPARTMENT OF GAME AND FISH. I hereby certify that the (insert kind and number of birds or fish) to which this certificate is attached were lawfully taken by me in : County, Colorado on the day of , 190 . . . Signed Tags for this purpose will be furnished by this office at one cent each. VIII. CIVIL ACTIONS FOR VIOLATION OF THE GAME LAWS. Action may be brought against any person unlawfully wounding, killing or having possession of game, and the following sums recovered for each animal, viz.: Elk, $200; deer, $50.00; antelope, $100; mountain sheep, $200; buffalo, $1,000; beaver, $25.00; bird, $10.00; fish, $1.00. Sums so recovered are payable, one-third to the county, one-third to the Commissioner and one- third to the person instituting the suit. This is in addition to the action of replevin heretofore authorized. The penalty for general violations of the law is increased, being $25.00 to $500, and imprisonment ten days to six months. A copy of the game laws as revised to date is herewith transmitted for your use. REGULATIONS. In pursuance of authority conferred by law on the Commis- sioner, the following regulations, forms and instructions are pre- scribed: DUTIES OF WARDENS. 1. The chief wardens, when appointed, will each be as- signed to a district and will have general charge and control 5 thereof, and of all deputy and special wardens, and will be held responsible for the enforcement of the law therein, subject to the supervision of the Commissioner, but they are not restricted as to their duty or authority to arrest, seize and prosecute for viola- tions of the law, which may come to their notice in other dis- tricts, when prompt action or assistance is required. 2. United States timber reserve officers and range riders are required to assist in enforcing the State Game and Fish Laws, and when holding proper commission from this office will have the same authority as other game wardens. 3. The open seasons on all large game except deer have been closed, and the number of deer which one person may kill in a season is limited to one, and every warden is expected to use special efforts to prevent the limit being exceeded. 4. Killing by proxy is unlawful; that is, no person has a right to kill game or fish and turn it over to another to be con- sidered as killed by the latter, for the purpose of enabling the former to actually exceed the limit. Each person is legally re- sponsible for what he actually kills. 5. The preservation of game and the enforcement of the law must depend largely upon the diligence of the wardens, and they are expected to use diligence and also discfetion, and not make arrests or seizures in cases where the charge can not be successfully maintained. 6. Deputy and special wardens will be appointed by the Commissioner only, and generally only upon the recommenda- tion of a chief warden. 7. Wardens have no authority to issue any license, certifi- cate or permit, except when specially authorized in writing by the Commissioner, and on blanks furnished and signed by him, but any warden who has given an approved bond may receive an application and the fee therefor, which he must immediately for- ward to this office with directions for sending the license, etc., when issued. 8. Inasmuch as the revenue required to properly enforce the Game Laws must be derived principally from licenses pro- vided by the amended laws, you are directed to see that licenses are procured by every person required by the law to do so. This is particularly applicable to hunting licenses. The funds for the enforcement of the laws in other respects can by this means be supplied, and the full number of chief wardens kept in seryice the entire year, and a large force of deputy wardens during the open season. G 9. The law requires the chief wardens to devote their en- tire time to the performance of their duties, and they will be expected to do so. The same requirements apply to all wardens receiving pay. 10. Reports must be made by each chief warden and each deputy or special warden under pay, on the first day of each month, or as soon thereafter as practicable, showing his opera- tions in detail each day of the preceding month. 11. Each special warden must as often as required by the chief warden of his district report to him as to all arrests and seizures made, prosecutions instituted, and moneys received, sending a duplicate to this office, with a remittance of the moneys received. 12. Each chief warden will make similar reports and re- mittances to the Commissioner. 13. Expenses incurred must not be deducted from moneys received, but will be vouchered and paid monthly from this of- fice. All expense accounts must be fully itemized and show the date and occasion of each item, so as to be self-explanatory. A failure to comply with this regulation will result in with- holding payment of expense accounts and salary. 14. Except in cases of unusual importance, extraordinary expenses should not be incurred without special authority from this office. SEIZURES. 15. Where wardens make seizures and, as authorized by the law, also seize and use animals or vehicles (which were used in the unlawful transportation), they will pay a reasonable com- pensation for such use, if it can be agreed upon; if not, the same must be referred to the Commissioner for adjustment. 16. Deputy and special wardens have the same authority in making searches, seizures and arrests as the Commissioner and chief wardens, except as to summoning a posse. This can be done only by authority of the Commissioner or a chief warden. DOMESTIC GAME AND FISH. 17. Game lawfully taken at large, and fish lawfully taken from public waters within the state during the open season, should have attached thereto a certificate in the form given in the synopsis of the laws. 18. Domestic game and fish taken as above can not law- fully be disposed of to another except by actual bona fide dona- tion. When disposed of in any other way they are not lawfully in possession and are subject to seizure. 19. When such game or fish have been donated to another, the maker of the certificate should endorse the fact on the cer- tificate and sign the same. 20. Such certificate, when correctly filled in, dated and signed by the person originally taking the game or fish therein described (and indorsed as above when donated to another) will be deemed prima facie evidence of lawful possession and author- ity to transport and store the same within the state during the open season and for five days thereafter. 21. In order to avoid detention and prosecution, persons in lawful possession of game and fish must conform to the above regulations. 22. Proprietors of hotels, restaurants and the like can not lawfully serve game or fish taken at large or from public waters, except to a person in lawful possession of the same and his in- vited guests. 23. Nor can such proprietory employ others to take at large, or from public waters, game and fish to supply their tables or guests. 24. Such proprietors can supply their tables with game and fish taken from licensed private parks and lakes, or im- ported or seized and sold by an officer under the provisions of the law relating thereto, but not otherwise. IMPORTED GAME AND FISH. 25. Game and fish for general sale by licensed importers may be imported from states and territories which do not pro- hibit the sale therein of game and fish from this state. 26. Game and fish so imported should be accompanied by a shipper's invoice, substantially in the following form: Form 14 — Shipper's Invoice. Sold and shipped by me this day of 190 ... , from , in County, state of , by to Mr , in , Colorado, the following game and fish : , Shipper. 27. Upon breaking bulk and exposing or offering imported game or fish for sale (or before using, if intended for use by the person importing the same), an invoice stating the number and kind of game and fish, the name of the person and place received from, date of reception and number of license and signed by the importer must be attached thereto. In case of sale or resale, the invoice or a copy thereof must accompany the article sold. For game or fish of kinds not protected by the law, no li- cense or invoice is required. No game or any part of same to be transported to points outside of state without first securing a permit from this office. PRIVATE PARKS, LAKES AND PRESERVES. 28. Every lake from which fish are taken for sale must be licensed and the owner of the lake must procure the license un- less the exclusive fishing privilege has been granted to another and a license has been procured by him. 29. Licenses for bird shooting and fishing privileges on pri- vate lakes can be procured only when the lakes are wholly or in part on private land, or held under irrigation laws. Those for fishing privileges on streams, only when the part of the stream licensed is wholly on private land, and all clubs or persons who are grantees or lessees of such privileges are required by law to procure licenses. 30. Two or more lakes within reasonable proximity to each other may be included in one license, and where that is desired the application should show the distance between lakes. The fees in such cases are governed by the number of lakes so in- cluded. 31. Wardens are expected to familiarize themselves with the law and these regulations, and conform thereto. A failure to do so, without good reason, will be deemed sufficient cause for withholding payment of expense accounts and salary, or for re- moval. 32. Blank applications for all kinds of licenses, certificates and permits will be furnished from this office on request. Tags for domestic certificates will also be furnished at cost. J. M. WOODARD, Commissioner. LIBRARY OF CONGRESS 001 260 465 8 <