Class. Sl_K Book i A 3 OFFICIAL DONATION. Digitized by the Internet Archive in 2011 with funding from The Library of Congress http://www.archive.org/details/fishgamelawsofstOOwisc FISH AND GAME LAWS OF THE STATE OF WISCONSIN. .1592, COMPILED AND PUBLISHED UNDER THE DIRECTION OF T. J. .CUNNINGHAM, SECRETARY OF STATE. ■IfBRARTOF CONGRESS,. ' ; i DIVISION OF DOCUMENli Madison, Wis.: democrat printing co., printers; 1892. FISH AND GAME LAWS OF THE STATE OF WISCONSIN. .1392, COMPILED AND PUBLISHED UNDER THE DIRECTION OF T. J. CUNNINGHAM, SECRETARY OF STATE. Madison, Wis. : democrat printing co., printers. 1892. io ^ $ CHAPTER 436, LAWS OF 1891. AN ACT relating to the office of state fish and game warden, and the preservation of fish, game and birds, and repealing sections numbers 5, 6, 7, 8, 9 and II of chapter 520, of the general laws of Wisconsin, for the year 1887, and chap- ter 456, of the laws of Wisconsin for the year 1887, and sections 1, 2, 3 of chapter 414, of the general laws of Wisconsin for the year 1889. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows : Section 1. The offices of state fish wardens, offices hereto- and state game wardens, hitherto existing in this Soii^df™ 8 state, are hereby abolished. It shall be the duty of the governor, upon the passage of this act, to appofnt°state appoint an officer to be known as State Fish and fish ana game Game Warden, whose duty it shall be, to secure the enforcement of all the statutes of this state his duties, for the preservation of fish, game and birds, and to bring or cause to be brought, actions and pro- ceedings in the name of the state of Wisconsin, to recover any and all fines and penalties pro- vided for in said laws, and for the confiscation and forfeiture of any property used in violation of any of said laws, and to punish all violations of said statutes. Such fish and game warden Tenure of shall hold his office for the term of two years offlce ' from the date of his appointment and until his successor shall be appointed and qualified; and any vacancy occurring during such term shall be filled by the governor. Such game warden may May appoint appoint one or more deputies for each county, deputies - who shall have all the authority given them in this or any other law of this state relating to the preservation of fish, game or birds. Such depu- 4 FISH AND GAME LAWS. ties shall receive no salary, and shall be entitled to the same fees as constables now receive in criminal cases for like services, and shall be paid in like manner. Such deputies may be removed at any time, and their places filled by the state fish and game warden. Such deputies shall have the right to act as informers or complainants and to serve the process in any action or proceeding for the recovery of such fines, penalties or for- feitures. Powers and du- Section 2. Such fish and game warden or any and deputies. 611 such deputy, shall have full power and authority to serve and execute all warrants and processes of law issued by justices of the peace or police magistrates, or by any court having jurisdiction, under the provisions of this chapter or any other law of this state, relating to the preservation of fish, g^me or birds, in the same manner as any constable may serve and execute such process, and may arrest any person or persons by them detected in actually violating any of the pro- visions of the laws of this state relating to the protection of fish, game or birds, and may take such person or persons so offending, before any court having jurisdiction of the offense, and make proper complaint before such court, which shall proceed with such cause in the manner and form as provided by law. It shall further be the duty of such fish and game warden or his deputies, up- on receiving information that any such law has been violated, to immediately cause a thorough investigation to be made of such complaint and to cause proceedings to be instituted, if the proof at hand will warrant a conviction. For which purpose, and for all the purposes of enforcing this chapter and in the apprehending or securing of any person or persons for the violation of the game, fish or bird laws of this state, and for the purpose of confiscating and obtaining a forfeiture of any nets, snares, traps, or other contrivances of any kind or of any dog or ferret, used in violation of any game, fish or bird laws of this state, they and every sheriff, deputy sheriff, coroner, con- stable, or police officer having the powers of a sheriff or constable, may call to their aid such persons, or the power of the county as they may deem necessary; and it shall be the duty of every sheriff, deputy sheriff, coroner, constable or police FISH AND GAME LAWS. 5 officer having the powers of a sheriff or constable, of any county of this state, whenever required by such fish and game warden, or his deputies, to forthwith assist them in the execution of process and in the seizure and confiscation of any con- trivances or animals used in violation of such laws. Such fish and game warden and his deputies shall have the power, and it shall be their duty, to take and confiscate any and all nets, snares, traps, ferrets, or dogs, and every other means and contrivances whatsoever, used in violation of any of the fish, game or bird laws of this state. And any and all such property, means and contrivances, or animals, taken and confis- cated as aforesaid, shall, upon the conviction of the offender, or upon the judgment of the court having jurisdiction of the confiscation proceed- ings herein mentioned, be sold by such fish and game warden or his deputies, or by the sheriff, deputy sheriff, coroner, constable, or any police officer having the powers of a sheriff or constable, by the judgment and direction of such justice of the peace, police magistrate, or court before whom or in which the conviction or confiscation pro- ceedings may be had, and the proceeds derived from said sale be paid into the school fund of the county. Section 3. All sheriffs, deputy sheriffs, coro- sheriff, etc., ners and police officers, having by law the power deputies^ 010 of a sheriff or constable, are hereby declared to be ex-officio deputy fish and game wardens. Section 4. All nets, seines, snares, traps or Nets, seines, other contrivances of any kind, or any dog or viSiatfono? ferret, used in violation of any of the game, fish £raband. con " or bird laws of this state, are hereby declared contraband. In order that the forfeiture of any proceedings to such property so declared to be contraband, may prop a erty uch be judicially declared and ascertained, any officer contraband, whose duty it shall be to enforce the laws of this state relating to the preservation of fish, game or birds, or any other person, may seize such prop- erty, without the warrant therefor hereinafter mentioned, and take the same before any court having jurisdiction thereof, which court shall hold the same until the determination of the pro- ceedings herein pointed out. Where such prop- erty has been seized without a warrant, as well as where a warrant is applied for, for the purpose 6 FISH AND GAME LAWS. of making such seizure, a complaint in writing under oath shall be made, in which complaint it shall be alleged, that such contraband property- was being used for an unlawful purpose, describ- ing such purpose, and stating the time and place where used, and the name of the person or owner so using such contraband property for an unlaw- ful purpose, if the same be known to the com- plainant, and, if not known to the complainant then it may be alleged that the owner or person using such property is unknown to him. If the person owning or using such contraband prop- erty is known to him, then the complaint, war- rant and other entries or papers in such proceed- ings, shall be entitled as near as may be, thus: pia^fs,°war°- m " The state of Wisconsin against J. B., the owner rants, etc. or person in possession of a net unlawfully used for fishing. If the owner or persons using such contraband property are unknown, in like man- ner the complaint, warrant and other papers in the proceedings shall be entitled: The state of Wisconsin against the unknown owners of a net unlawfully used for fishing The form of the proceedings and entitling herein given shall be varied to suit the facts in each case. Upon the making of such complaint, the court before whom it is made shall issue its warrant, in which war- rant the substance of the complaint shall be set forth, and such warrant shall run to the sheriff or any constable of the county, where the proceed- ings are commenced, and shall command the officer serving the same, to seize the property alleged to be contraband, and to serve a copy of such warrant upon the owner of such contra- band property, or upon the person having pos- session of the same, and to make return of such writ and his proceedings thereunder, on the sixth day from the date thereof. If the officer serving such warrant cannot find the owner or person in whose possession such property is found, he shall make return to that effect upon the warrant. Such warrant shall state that the property described therein, will be, at the office of such court, naming the village, town or city where such office is, at an hour named in such warrant, and will be adjudged contraband and forfeit according to law. On the day and at the hour and place named in such warrant, such court shall proceed FISH ANDIGAME LAWS. to hear the evidence adduced by the parties, and such trial shall be conducted in accordance, with the rules of practice and procedure conferred by law upon such court. The district attorney shall District attor- appear for the state of Wisconsin, and the de- S^f prose " fendant in such proceeding may also appear by counsel and cross examine witnesses, as in other criminal trials. Where such proceeding is in justice court or in municipal or police courts, ex- ercising the powers of a justice of the peace, the defendant in such proceedings shall have the right of trial by jury given by law in such courts. If upon the return of such writ in any such pro- ceeding, the name of the owner or owners of such property is not known, or there is any un- certainty as to such ownership, the court may in its discretion continue such proceedings to a date not exceeding ten days from such return day, for the purpose of publishing notice of such proceed- ings. When such continuance for such purpose shall be had, the court shall cause to be published in some newspaper of the county, a notice of the pendency of such proceedings, in which notice the making of the complaint shall be alleged, a des- cription of the property seized and the place where found, and an allegation of the unlawful use being made of it, and that at the time and place to which such proceeding was continued, such property will be declared contraband and forfeit. Such notice shall be published for one week in such newspaper. Proof of the publication shall be made by the ed- itor or publisher, under oath, and filed with the papers in the proceeding. Where such publication is had, a trial and like proceedings shall be had on the day to which such cause is continued, as are provided for on the return day of such warrant. If the court or jury shall find such property to be contraband and forfeit, the court shall record such finding and judgment, and shall order and direct the sheriff or any constable of the county to seize and sell the same after giving five days' public notice of such sale. Such order shall be executed and such property seized and sold by any sheriff or constable to whom such order shall be given and the proceeds derived from the sale of such property, shall be paid into the school fund of the county. If the court or jury shall find such prop- erty to be not contraband, then the court shall 8 PISH AND GAME LAWS. order said property to be returned to the owner. The finding of such court or jury shall be final and conclusive as to the character of such prop- erty, and the use made of it, except that the defendant may in actions tried before courts having the powers of justices of the peace, appeal from an adverse verdict or judgment, to the cir- cuit court of the proper county, where a new trial of such proceedings shall be had according to law. warden^ me Section 5. It shall be the duty of such fish and secretary of game warden to file in the office of the secretary state. f f-^g s tate, quarterly in each year, a report, stating the days and parts of days spent by him in the discharge of his duties, an itemized ac- count of his actual expenses and disbursements, the number of suits commenced at his instance, the number of convictions secured, the aggregate amount of fines collected, and the number of per- sons imprisoned for the violation of the laws for the preservation of fish, or game or birds; also itemized statements of the amount of fish or game, of the number of nets, seines, traps or other contrivances, used in violation of any of the laws of this state, and of the number of dogs, ferrets, or other animals forfeited under the laws of this state, for the preservation of fish, game or birds. Such statements shall be verified by the oath of such warden. Repeals certain s ECTIO n 6. Sections 5, 6, 7, 8, 9 and 11, of chap- ter 520, of the general laws of Wisconsin for the year 1887, are hereby repealed; chapter 456, of the general laws of Wisconsin for the year 1887, is hereby repealed; and sections 1, 2 and 3, of chapter 414, of the general laws of Wisconsin for the year 1889, are hereby repealed. ney^an/poHce Section 7. It shall be the duty of all the dis- officers to co- trict attorneys of this state, and all sheriffs, wanien to th deputy sheriffs, coroners, or police officers having ?aw 0rcethe the powers of a constable and justices of the peace, and police magistrates, to co-operate with the fish and game warden and his deputies to secure the enforcemet of the laws of this state for the preservation of fish, game or birds; and it shall be the duty of such district attorneys to institute proceedings in the name of the state of Wisconsin, when complaint is made by such warden or any of his deputies, and to prosecute FISH AND GAME LAWS. J all such proceedings vigorously, and to furnish such warden and his deputies advice and assist- ance, from time to time, as the same may be re- quired. Section 8. Such fish and game warden and his Este nt of war deputies shall have the jurisdiction and powers *^s iurisdio- herein, or by any other law of this state, granted throughout the state, and over the sloughs of the Mississippi river, and to the thread of the stream of said river and over every other stream that forms the boundary line of this state to the thread of such stream and to the center of any lake which shall form a boundary line of this state. All laws for the preservation of fish, game or birds shall have force and effect in the Mis- sissippi river or in any other stream forming a boundary line of this state, to the thread of the stream of such river or other streams and shall have force and effect to the center of any lake forming such boundary line. Such fish and game warden, and his deputies shall have the power and authority conferred upon the fish and game wardens of this state by the provisions of any law not repealed by this act. Any court having jurisdiction of offenses against the laws of this state relating to the preservation of fish, game or birds, shall have jurisdiction of the pro- ceedings for forfeitures herein mentioned. All - laws of this state relating to the offices of fish wardens, or game wardens, or defining the duties of such officers, or conferring jurisdiction or authority upon them, shall apply to the office of fish and game warden created by this act, and such fish and game warden shall perform all duties required to be performed by the fish war- dens and game wardens of this state as now con- stituted. Section 9. Such fish and game warden shall salary of receive a salary of twelve hundred dollars per warden - year and actual disbursements while traveling in the line of his duties; such disbursements to be audited by the secretary of state, and paid out of the state treasury as other salaries and disburse- ments are paid, upon sworn vouchers and re- ceipts, as other accounts are audited; and he shall also be allowed necessary printing, stationery and printing and postage. His deputies shall receive no salary or statloner y- fee except as herein provided. A sum sufficient 10 FISH AND GAME LAWS. to pay the salary and expenses of such warden and the other expenses to be incurred by him under the provisions of this act is hereby appro- where office to priated. Such fish and game warden shall have be located. his office at the city of Madison and shall devote his entire time to the performance of the duties of his said office. Section 10. This act shall take effect and be in force from and after its passage and publica- tion. Approved April 24, 1891. FISH LAWS. FISH. WHEN MAY BE CAUGHT. Except as otherwise provided in local laws referred to on pages 26—37.) 3, black, green and Oswego May 1 to Feb. 1 Muskallonge May 1 to Feb. 1 Pike (wall-eyed) May 1 to Mar. 1 Trout (brook, rainbow and mountain) Apr. 15 to Sept. 1 Trout (Mackinaw lake) Jan. 15 to Oct. 1 White fish (in inland lakes, etc., with net) . . Nov. 10 to Dec. 15 FISH LAWS. INLAND WATERS. CHAPTER 375, LAWS 1887. [As amended by Chapters 465 and 486, Laws 1889. J CONTENTS. Use of nets or snares prohibited in inland lakes, rivers or streams, except for white fish Sec. 1 When fish may be taken Sec. 2 Use of dynamite or other explosives for purpose of catch- ing prohibited, also spears, except in Mississippi river and sloughs, and for sturgeon in Lake Winne- bago, Fox and Wolf rivers Sec. 3 Brook, rainbow or mountain trout of not less than six inches in length not to be caught for exportation, and only to be caught with hook and line Sec. 4 Fish commissioners may take fish from any waters for the purpose of artificial propagation Sec. 5 Penalty for violation of this chapter . Sec. 6 Eepeal of all acts contravening this act Sec. 7 AN ACT for the protection of fish in the inland waters of the state. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Section 1. (As amended by chapter 465 and 486, Nets not to be laws of 1889.) No person or persons shall be watersfexJep- 3 allowed to set, place or use any gill, fyke, pound, tion - seine, dip or other net or snare, in the inland lakes, rivers or streams of the state of Wisconsin, and no person or persons shall catch or take fish in any of the inland lakes, rivers or streams in 14 ISH AND GAME LAWS. said state by the use of any such net or seine (ex- cept fish known as white fish may be taken with a dip-net having a hoop not exceeding thirty inches in diameter, between the tenth day of November and the fifteenth day of December in inland lakes, each year.) The inland lakes, rivers or streams etc., defined. gna jj foe construed as meaning all waters within the jurisdiction of the state except Lake Superior, Lake Michigan, Green Bay, Sturgeon Bay, that part of Fox river lying north and east of a line drawn from a northeast corner of a southeast quarter of section twenty-four (24,) town twenty- four (24), range twenty (20) east, to the south- westerly corner of claim number forty six (46), in town twenty-four (24) north, of range twenty-one (21) east, according to government survey, and private ponds. This act shall not be construed to prevent the catching of minnows, shiners, chubs, dace, suckers or stickleback for bait by means of dip-nets, or seines, of not more than fifty feet in length, nor more than three feet in depth. Pro- vided, that such minnows, shiners, chubs, dace or stickleback so caught for bait, shall not be taken in quantities exceeding one-half bushel in meas- ure, at any one time, and no such fish caught for bait shall be allowed to be shipped out of the state of Wisconsin, except in streams or waters in- habited by or containing trout of any variety. The possession by any person or persons of any such net, snare or fish specified in this section upon or on the border of any such inland lake, river or stream, shall be prima facie evidence of the use of such net or snare, and the catching or taking of such fish therewith by the person or persons in whose possession they are found; and Nets, etc., to be all such net or nets, snares or fish so found shall waS d by be taken and confiscated by the wardens and the same upon the conviction of such person or per- sons of such offense, shall be destroyed by said wardens by and under the direction of the court by and before whom such conviction is had. Section 2. (As amended by chapter 486, laws of 1889.) No person or persons shall be allowed to fish for, catch or kill with any device, nor shall any person or persons sell or offer for sale, or buy or have in their possession any brook trout, mountain trout, rainbow trout, Mackinaw trout, pike, black, green and Oswego bass or muskallonge FISH AND GAME LAWS. 15 during their spawning season. The spawning or closed season shall be construed as follows: Brook, rainbow and mountain trout from the first spawning sea- day of September to the fifteenth day of April. sondeflne(i - Mackinaw trout (commonly called Lake trout) from the first day of October to the fifteenth day of January. Pike (commonly called wall eyed pike) from the first day of March to the first day of May; and black, green and Oswego bass and muskallonge, from the first day of February to the first day of May. This act shall not be construed to prevent the buying or selling of fish or possess- ing fish during such spawning season that hare been raised in private ponds or caught in other than the inland waters of the state. Section 3. (As amended by chapter 486, laws Dynamite not of 1889.) No person or persons shall be allowed to soused, catch, kill or take any fish in any waters of the where - state by means of dynamite or other explosives, or spear, except that a spear may be used in the waters of the Mississippi river and sloughs, and also a spear may be used in the waters of Lake Winnebago, Fox and Wolf rivers, and all waters emptying into Green Bay, for sturgeon and pickerel only. Section 4. (As amended by chapter 486, laws Trout to be of 1889.) No person shall catch for sale, or offer nn g g oniy7 ang " for sale, or barter or ship out of the state any brook, rainbow or mountain trout caught in the public waters of this state, nor shall any person or persons catch, kill or take any brook, rainbow or mountain trout from any of the public waters of the state by means of any other device than hook and line or angling. Section 5. The board of fish commissioners, or Msn commis- their authorized agents, may take at all seasons, tiTe^hXu and in any way, fish from the public waters for tu?cai nS ro° r - ar " the purpose of artificial propagation. gation. Section 6. Any person or persons violating Penalty for vk>- any of the provisions of this act shall, upon con- S. 011 of thJS viction thereof, be subject to a fine of not less than ten dollars nor more than one hundred dol- lars, together with the costs of prosecution for each and every offense, and shall, on conviction, be committed to the county jail until such fines and costs are paid, or the offender or offenders are discharged by law. Section 7. All acts now in force respecting 16 FISH AND GAME LAWS. Formeracts ttie protection of fish in the inland waters, except such acts as refer to the construction of fish- ways are hereby repealed. Section 8. This act shall take effect and be in force from and after its passage and publication. Approved April 8, 1887. CHAPTER 486, LAWS OF 1889. [The first four sections of this law are amendatory of chap- ter 375, laws 1887, and are incorporated in that act as above, and the following four sections are new legislation and so are given separately.] signs to be Section 5. Any person or corporation de- rate fish ponds, siring to raise, cultivate, preserve or propagate speckled, river, salmon, mountain hybrid or brook trout, in any stream, pond or lake within this state, flowing through or situate upon land owned or leased by him or it, shall post in at least two conspicuous places upon such lands durable signs setting forth the name of the owner or lessee; that such premises are devoted to the purposes of a fish pond, pound or preserve; and that thereafter any person or persons entering upon such premises without permission or au- thority of the owner or lessee will be guilty of trespass and liable to be punished according to the law of the state of Wisconsin. If a stream is sought to be preserved such signs shall be posted upon its banks, one at each end of the portion sought to be preserved; and also at points inter- mediate, not more than half a mile apart; and the whole of such streams between these upper and lower points shall be protected and preserved by this act. Sd e L°a £ y fi con- Section 6. Any person or corporation desirous s t ruc instreams °^ so ra ^ s ' n S' cultivating, preserving, propogating ' or keeping such trout in any stream belonging to or leased by him or it, shall have the right and are hereby authorized to erect, construct and maintain upon such premises or in or upon such stream or water, such dams, sluices, screens, wires, pens, gates, obstructions, houses, buildings, boats, docks and other things of every description, FISH AND GAME LAWS. 17 which may be by him or it deemed necessary for such purposes. Section 7. If any person or persons shall Persons enter* enter in or upon the premises, stream or water j£lse?ve guilty so preserved and protected without consent of of tres P ass - the owner or lessee, he or they shall be guilty of trespass; aud if, after such trespasser or tres- passers shall so enter, he or they shall set or put or attempt to set or put any seine, net, hooks or other device or contrivance for catching or kill- ing fish, into said water or stream, or shall fish or attempt to fish therein, by or with hook and line or in any other manner, or by shooting fish therein with a gun, pistol, or bow and arrow, or by using or attempting to use a spear or gig, they shall in addition to being guilty of trespass be guilty of a misdemeanor. Section 29. This act shall take effect and be in force from and after its passage and publica- tion. Approved April 17, 1889. BROOK TROUT. CHAPTER 369, LAWS 1889. AN ACT to amend section 1, of chapter 471, of the laws of 1885, relating to the catching of brook trout. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Section 1, Section 1, of chapter 471, of the Amending laws of 1885, is hereby amended by striking out ltwfoTitssk the words, "provided, however, that the provis- ions of this act shall not extend to or affect the counties of Ashland, Bayfield, Douglas, Polk, ■ Pierce or Burnett," so that said section, when so amended, shall read as follows: Section 1. Any toooRroSt person who shall catch for sale or offer for sale 2 18 FISH AND GAME LAWS. or barter, any brook trout caught in any of the streams, ponds or lakes of this state, shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be punishable by a fine of not less than five dollars nor more than ten dol- lars, and upon conviction for a second violation of the provisions of this act, shall be punishable by a fine of not less than ten dollars nor more than twenty dollars; provided, that this act shall not prohibit the catching, for sale or barter, brook trout, raised and propagated in any of the streams or ponds of this state by the owners thereof or their agents. Section 2. This act shall be in force and take effect from and after its passage and publication. Approved April 11, 1889. BASS AND PIKE. Certain fish of less than a pound in weight not to be sold. Penalty. CHAPTER 371, LAWS OF 1889. AN ACT to prevent the destroying of small wall- eyed pike, black bass and frog bass, and to re- peal chapter 412, laws of 1887. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Section 1. Hereafter it shall be unlawful to sell within the state of Wisconsin, any wall-eyed pike (commonly called dorie), black bass and frog bass of less than one pound weight each. Section 2. It shall be unlawful for any person or persons to have in his or their possession to exceed ten pounds of wall-eyed pike, black bass or frog bass, weighing less than one pound each. Section 3. Any person or persons violating any of the provisions of this act, shall upon con- viction thereof, be subject to a fine of not less than ten dollars nor more than fifty dollars, to- gether with costs of prosecution, for each and every offense, and shall be committed to the FISH AND GAME LAWS. 19 county jail until such fine and costs are paid, or the offender or offenders are discharged by law. Section 4. Justices of the peace shall have jurisdiction jurisdiction to hear, try and determine all cases S^oftiie and actions arising under the provisions of this peace - act, and all fines received under the provisions of this act shall be paid into the school fund. Section 5. Chapter 412, of the laws of 1887, is hereby repealed. Section 6. This act shall take effect and be in force from and after its passage and publication. Approved April 12, 1889. SAWDUST AND OTHER CONTAMINATING REFUSE. CHAPTER 490, LAWS OF 1887. AN ACT to prohibit owners and occupants of por- table saw-mills from allowing sawdust or other refuse to be deposited in trout brooks. Tlie people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Section 1. It is hereby made a misdemeanor penalty for de- for any parties owning or operating portable ^frou! refuse saw-mills in the state of Wisconsin, to deposit Btream any sawdust or other refuse in streams wherein the fish commissioners of the state have deposited fry, or wherein brook trout abound naturally; and on proof of any such offense, shall be punisha- ble by a fine of not less than fifty dollars nor more than one hundred dollars for each offense. Section 2. This act shall not apply to streams used for the purpose of driving logs or to portable mills erected on such streams previous to the passage of this act. Section 3. This act shall take effect and be in force from and after its passage and publication. Approved April 14, 1887. FISH LAWS. RELATING TO WATERS OF THE STATE NOT INLAND. CHAPTER 520, LAWS OF 1887. (As amended by chapter 453 laws of 1889 and partly repealed by chapters 291 and 233 laws of 1891.) AN ACT in relation to the fishing industries of Lake Michigan, Lake Superior, Chequamegon Bay, Green Bay and Sturgeon . Bay, to protect and increase the fish supply thereof, and to ap- propriate a certain sum of money therein named, and to repeal chapter 455. of the laws of 1885. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: white Ash less Section 1. It shall hereafter be unlawful for anda a hatfin d any dealer or other person to buy, or for any one becaught^r* to seu or offer to sell,or for any one to have in his sold - possession, in this state, or for any one to ship out of this state, any white fish of less than a pound and a half, round or undressed weight, or one pound dressed weight; provided, however, that any one engaged in fishing as a business may be per- mitted.to have in their possession only such amount of white fish of less than one and a half pounds in weight as the warden in his judgment may think unavoidable; provided, further, that such amount shall under no circumstances exceed fifty pounds. Any dealer or other person violating any of the Penalty. provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be puuished by a fine of not less than five dollars nor more than ten dollars and costs, and on a FISH AND GAME LAWS. *1 second or subsequent conviction for a similar of- fense shall be punished by a fine of not less than twenty-five dollars nor more than fifty dollars and costs. Section 2. As amended by chapter 453, laws of 1889. Repealed by chapters 291 and 233, laws of 1891. Sections. It shall hereafter be unlawful for Fish offai not a. , i u j £ to be deposited any person or persons to throw overboard from in waters men- any row, sail or steam boat or other craft, or tloned - throw into any of the waters mentioned in the title of this act, or any bays thereof, or streams emptying therein, any fish offal. Fish offal shall Fi8noffal de _ be construed to mean the cleanings of fish, such flne 1894 - called and known as Osceola creek, the outlet of Osceola lake, and running through sections thirty-six, twenty- five, twenty-three, twenty-six and twenty-seven, in township thirty-three north, ranges eighteen and nineteen west, in Polk county, state of Wisconsin, any brook or speckled trout; provided, any person owning or managing a por- Exception. tion of said Osceola creek, exclusively for the propagation, hatching or raising for family use or for market, of brook or speckled trout, shall not be subject to the provisions or penalties of this act. Section 2. Any person who shall violate the Penalty. provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than ten nor more than fifty dol- lars, for each and every offense, together with all costs of prosecution, and stand committed to the common jail of said county until such fine and costs are paid, or until otherwise discharged by law. Justices of the peace in and for said Polk county, shall have jurisdiction of all complaints under this act. Section 3. This act shall take effect and be in force from and after its passage and publication. Approved April 22, 1891. 32 FISH AND GAME LAWS. ROCK LAKE — JEFFERSON COUNTY. CHAPTER 213, LAWS OF 1891. AN ACT for the preservation of fish in Rock lake, in Jefferson county. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Fish not to be Section 1. It shall be unlawful for any person Bock Se be- to kill, destroy, catch or take, in any way or man- i^ e and J jime ary ner ' °y an y Revise or means whatsoever, any kind ist. of fish from the waters of Rock lake, in Jefferson county, between the first day of January and the succeeding first day of June in any year, and any person who shall catch or take, or attempt to do so, from the waters of said Rock lake, any caught at any kind of fish, at any time, by any device or means means y other other than by hook and line or angling, shall be tban hook and punished by a fine of not less than five dollars nor more than twenty dollars for each and every of- fense, with costs of suit, and shall be imprisoned in the county jail of said county until such fine and costs are fully paid, or until discharged by due course of law. One-half of such or said fine shall be paid to the complainant, and the remain- der to the town treasurer of the town in which the offense is committed. jurisdiction to Section 2. Justices of the peace shall have Ksti^es^of^he jurisdiction to hear and determine all cases which peace. may arise under the provisions of this act; pro- vided, that the defendant shall not be deprived of a jury trial nor the right of appeal, as in other cases. Section 3. This act shall take effect and be in force from and after its passage and publication. Approved April 11, 1891. FISH AND GAME LAWS. 3S TROUT RUN — JACKSON COUNTY. CHAPTEE 211, LAWS OF 1891. AN ACT for the preservation of fish in Trout Run, Jackson county. The people of the state of Wisconsin^ represented in senate and assembly, do enact as follows: Section 1. No person or persons shall be Fish not to be allowed to fish for, take catch or kill with any tS RuTbe- device whatever, any fish in the stream known Jg£ ApriI 15 » as Trout Run, or in its tributaries, in the town of Irving, in the county of Jackson, in this state, for a period of two years from the fifteenth day of April, 1891; nor shall any person or persons sell, or offer for sale, or buy, or have in their posses- sion any such fish caught or taken from such stream or its tributaries for such period of two years. Section 2. Any person who shall violate any Penalty. of the provisions of this act, shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than five nor more than twenty- five dollars, with the costs of prosecution. Section 3. This act shall take effect and be in force from and after its passage and publica- tion. Approved April 11, 1891. 34 FISH AND GAME LAWS. WASHINGTON COUNTY. CHAPTER 343, LAWS OF 1891. Hook and line to be used only. Closed season bass, etc. Closed season pickerel. Closed season for all flsh. Penalty. AN ACT relating to the preservation of fish in Washington county. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Section 1. It shall be unlawful for any person to take, catch, kill or in any way or manner de- stroy any pike (commonly called wall-eyed pike), pickerel, black or Oswego bass, in any of the lakes, ponds, streams or other waters of Washington county, except by hook and line. Section 2. It shall be unlawful for any person or persons to take, catch, kill or in any way or manner destroy any pike (commonly called wall- eyed pike), black or Oswego bass, in any of the lakes, streams, ponds or other waters of Wash- ington county, from the first day of November, to the fifteenth day of the following June in any year. Section 3. It shall be unlawful for any person or persons to take, catch, kill or in any way or manner destroy any pickerel in any of the lakes, streams, ponds, or other waters of Washington county, from the first day of February to the fifteenth day of the following June, in any year. Section 4. It shall be unlawful for any person or persons to take, catch, kill or in any way or manner destroy any kind of fish in any of the lakes, streams, ponds, or other waters of Wash- ington county, from the first day of May to the fif- teenth day of the following June, in any year. Section 5. Any person or persons violating the provisions of this act, or any of them, shall be guilty of a misdemeanor, and upon conviction thereof, be punished by a fine of not less than five nor more than fifty dollars, together with the costs of prosecution, for each and every such violation, FISH AND GAME LAWS. 35 and imprisonment in the county jail of said county until such fine and costs are fully paid, or until he shall be discharged by due course of law. One- half of said fine shall be paid to the complainant and the remainder shall be paid into the county treasury, to be disposed of according to law. Section 6. The justices of the peace of Wash- J ^fto5* T J e ington county shall have jurisdiction to hear, try jurisdiction. and determine all cases which shall arise under this chapter; provided, that the defendant shall not be deprived of a jury trial. Section 7. No general law of this state contra- vening the provisions of this act, shall be consid- ered as repealing, amending, or modifying the same, unless such purpose be expressly set forth in such law. Section 8. This act shall take effect and be in force from and after its passage and publication. Approved April 22, 1891. WAUKESHA AND RACINE COUNTIES. CHAPTER 454, LAWS OF 1891. AN ACT for the protection of fish in lakes and streams in Waukesha and Racine counties. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Section 1. It shall be unlawful for any person Hook and line , , i , , ■, -I, . ^ c only to be used. or persons to take, catch, kill or in any way or manner destroy any kind of fish in any of the lakes, rivers, streams, waters, creeks or marshes in Waukesha and Racine counties in any other way or manner than with hook and line. Section 2. No person or persons shall take, closed season. catch, kill or destroy in any way or manner any kind of fish in any of the lakes, rivers, streams, waters, creeks or marshes, in Waukesha and Racine counties from the first day of March hibited. FISH AND GAME LAWS. to the succeeding fifteenth day of June in any year. set lines pro- Section 3. It shall be unlawful for any person or persons to place, set or use in any of the lakes, rivers, streams, waters, creeks or marshes in Waukesha and Racine counties any set or station- ary fish-hook or fish line, or by means of any set or stationary hook or line to take, catch, kill or in any manner destroy any kind of fish in any of such lakes, rivers, streams, waters, creeks or marshes, from the first day of March to the suc- ceeding first day of November in any year. Section 4. This act shall take effect and be in force from and after its passage and publica- tion. Approved April 24, 1891. WOLF AND FOX RIVERS, LAKES WIN- NEBAGO, POYGAN, WINNECONNE AND BUTTE DES MORTS. CHAPTER 398, LAWS OF 1891. AN ACT for the protection of fish in the waters of the Wolf river, the Fox river from the mouth of the Wolf to the dam at DePere, and Lakes Winnebago, Poygan, Winneconne and Butte des Morts. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Nets, etc not Section 1. No person or persons shall be al- to be use . lowed to set, place or use any gill, fyke, pound, seine, dip or other net or snare in the Wolf river, the Fox river from the mouth of the Wolf to the dam at DePere, and Lakes Winnebago, Poygan, Winneconne and Butte des Morts, between the first day of February and the first day of August, of each and every year. FISH AND GAME LAWS. 37 Section 2. Any person or persons violating Penalty. any of the provisions of this act, shall, upon con- viction thereof, be subject to a fine of not less than fifty dollars nor more than one hundred dollars, together with the costs of prosecution for each and every offense; and shall on conviction be committed to the county jail until such fine and costs are paid, or the offender or offenders are discharged by law. Section 3. Justices of the peace shall have full power to try and punish all violations of any of the provisions of this act. Section 4. This act shall not be construed to prevent the catching of shiners, chub, dace, suck- ers or stickleback for bait, by means of dip-nets. Section 5. No kinds of nets, except a gill net, giu nets may with meshes not smaller than three and three- wjSS^o!^ 6 eighths inches, stretch measure, for catching fish, and a dip-net for catching bait, shall be set, used or placed in the waters of Lake Winnebago, and no net except a gill, a hoop and a dip-net shall be used, set or placed in the waters of the Wolf and Fox rivers, as described in section 1 of this act, or in Lakes Winneconne, Butte des Morts and Poygan. Section 6. No net of any kind shall be set, used or placed across the mouth of any channel, stream or river tributary to the waters described in section 1 of this act. Section 7. All other acts heretofore passed in reference to fishing in the waters above set forth, and the territory described, are hereby repealed. Section 8. This act shall take effect and be in force from and after its passage and publication. Approved April 23, 1891. N. B. — The foregoing are all the laws now in force in Wis- consin regarding fish, save the laws regarding "Fish- ways" in local streams and districts. GAME LAW5 GAME. WHEN MAY BE OAUGHT, TAKEN OR KILLED. (Except as otherwise provided in local laws referred to on pages 48—54.) Buck Nov. 1 to Dec. 1. Brant Sept. 1 to May 1. Deer Nov. 1 to Dec. 1. Duck — See wild duck. Doe Nov. 1 to Dec. 1. Fawn Nov. 1 to Dec. 1. Fisher Nov. 1 to May 1. Grouse* Sept. 1 to Dec. 1. Goose Sept. 1 to May 1. Marten Nov. 1 to May 1. Mallard duck Sept. 1 to Dec. 1. Otter Nov. 1 to May 1. Partridge* Sept. 1 to Dec. 1. Pheasant * Sept. 1 to Dec. 1. Prairie hen, or chicken * Sept. 1 to Dec. 1. Plover Sept. 1 to Dec. 1. Quail Sept. 1 to Dec. 1. Snipe Sept. 1 to Dec. 1. Squirrel| Aug. 1 to Dec. 15. Teal duck - Sept. 1 to Dec. 1. Wood duck Sept. 1 to Dec. 1. Woodcock Sept. 1 to Dec. 1. Wild duck (other than mallard, teal and wood duck) Sept. 1 to May 1. * Not to be hunted with a dog or dogs until Sept. 1st, 1893. GAME LAWS. CHAPTER 351, LAWS OF 1891. CONTENTS. Closed season for game of various kinds. Hunting cer- tain game with dogs prohibited until September 1st, 1893 Sec. 1 Closed season for deer, buck, doe and fawn. Hunting same with dogs prohibited. Possession of game after expiration of eight days succeeding time limited for killing unlawful Sec. 2 Use of nets, traps, spring guns, etc., prohibited. Duty of game warden and other officers to prosecute viola- tions hereof Sec. 3 Disturbance or destruction of eggs and nests Sec. 4 Penalties Sec. 5 Repeal of section 7, chapter 443, laws of 1889 Sec. 6 AN ACT to secure the better preservation of game. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Section 1. It shall be unlawful to take, catch, Game w«k. kill, or have in possession when killed or taken, bekuied. ay n ° any woodcock, quail, partridge, pheasant or ruf- fled grouse, prairie hen or prairie chicken, sharp- tailed grouse or grouse of any other variety, mal- lard, teal or wood duck, snipe and plover, between the first day of December and the succeeding first day of September, and wild duck of any variety, or wild goose or brant of any variety, or any aquatic fowl whatever, between the first day of May and the succeeding first day of September. It shall be unlawful to hunt with a dog or dogs, Dogs, not to be any quail, partridge, pheasant or ruffled grouse, ^|f m hunt " prairie hen or prairie chicken, sharp-tailed grouse or grouse of any other variety, for a period of two 42 FISH AND GAME LAWS. Deer, when may not be killed. used in hunt ing Nets, snares spring guns prohibited. years from and after the first day of September, 1891. Section 2. It shall be unlawful to kill or take by any kind of a contrivance or device whatever, or pursue with intent to kill, or take or worry, any deer, buck, doe or fawn between the first day of December and the succeeding first day of No- vember, or to hunt deer, buck, doe or fawn, with Dogs, not to be dog or dogs at any time; and it shall also be un- lawful for any person or persons to sell or expose for sale, or have in possession for the purpose of exposing for sale, any of the kinds of game, birds, animals or venison protected by this act, after the expiration of eight days next succeeding the time limited and prescribed for the killing of any such birds or animals. Section 3. It shall be unlawful at any time to take, catch or kill or attempt to take, catch or kill any of the animals or birds mentioned in the first two sections of this act, by means of any snare, net, trap or spring gun, or any similar con- trivance; and it shall be unlawful for any person or persons to place, spread or set anywhere, or permit to be placed, spread or set, any net, trap- or snare for the purpose of catching, taking or killing any of the animals or birds mentioned in the first two sections of this act; and any game warden, deputy game warden, sheriff, coroner or constable, having any reason to believe that any violation against the provisions of any of the sec- tions of this act has been or is about to be com- mitted, may enter upon any land in search of evi- dence thereof, and shall seize, confiscate and re- move any net, trap or snare which shall be found so placed, spread or set as to indicate the purpose of taking, catching or killing any of the animals or birds mentioned aforesaid, and take the same before any justice of the peace, police court or magistrate of the county; and if it shall be estab- lished on the trial, to the satisfaction of such magistrate, that such net, trap, or snare, was so placed, spread or set with design to make use of the same for catching, taking or killing any of the animals or birds mentioned aforesaid, con- trary to the provisions of this act, such magistrate shall enter as part of his judgment, a finding to that effect, and shall order and cause such net, trap or snare or devise to be destroyed by the Duty of game wardens. FISH AND GAME LAWS. 43 game warden or his deputy, or by the sheriff or any other official. And it shall also be unlawful at any time to use in pursuit of any such ani- mal or bird, any pivot or swivel gun, or any other fire-arm not habitually held at arm's length, and discharged from the shoulder. Section 4. It shall be unlawful to take, destroy Eggspro- or have in possession the eggs of any of the birds tectcd - mentioned in this act, or of any wild pigeon, king, bird, robin, thrush, blue bird, swallow, cat-bird, woodpecker, flicker, pigeon, dove, wren, finch, lark, plover, oriole, humming bird, bunting, grackle, grosbeak, warbler, fly- catcher, swift, wax wing, creeper, chickadee, goat-sucker, tanager or whip poor- will, or to wantonly disturb or molest the nesting place of any such bird or pigeon, or to kill, wound or take any wild pigeon within three miles of a pigeon roost. Any person violating the provisions of this section shall on conviction thereof be fined not less than one dol- lar nor more than five dollars. Section 5. It shall be unlawful to use in the sneak boats, pursuit of any duck, goose, or brant, or any other Mbited! " aquatic bird, any sneak boat or scull boat, or any boat impelled by scull oars, sailboat, steamboat, or floating raft or box, or any similar device; and it shall also be unlawful to construct or use any blind in the open water outside the natural growth of grasses or rushes then and there pro- jecting above the water. Section 6. Any person who shall violate any Penalty. provisions of sections 1, 3 or 5 of this act, shall be guilty of a misdemeanor, and on conviction there- of, shall be punished by a fine not less than fifty dollars and not exceeding seventy five dollars, or by imprisonment in the county jail for not less than sixty days and not exceeding three months, or by both such fine and imprisonment and the costs of the prosecution. And any person who shall violate any provision of section 2, of this act shall be guilty of a misdemeanor, and on con- viction thereof shall be punished by a fine not less than fifty dollars and not exceeding one hun- dred dollars, or by imprisonment in the county jail for not less than thirty days, and not exceed- ing three months, or by both such fine and im- prisonment and costs of prosecution; and two- thirds of such fines as herein provided for, shall 44 FISH AND GAME LAWS. go to the person informing of the offense, and one-third shall be covered into the school fund of this state. Section 7. Section 7 of chapter 443, of the laws of 1SS9, is hereby repealed, and all laws or parts of laws conflicting with this act are hereby repealed. Section 8. This act shall take effect and be in force from and after its passage and publication. Approved April 22, 1891. CHAPTER 374, LAWS OF 1887. (As amended by chapter 443, laws of 1889, and chapter 203, and 460, laws of 1891, and partially repealed by chapter 351, laws of 1891.) AN ACT to secure the better preservation of game. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Section 1. Repealed by chapter 351, laws of' 1891. Section 2. Repealed by chapter 351, laws of 1891, except as to squirrels, for which open sea- son is August 1st to December 15th. Section 3. Repealed by chapter 351, laws of 1891. Section 4. Repealed by chapter 351, laws of 1891. Section 5. Repealed by chapter 351, laws of 1891. Section 6. Repealed by chapter 351, laws of 1891. Section 6a. Repealed by chapter 203, laws of 1891. be hunted* i*n Section 7. It shall be unlawful at any season the n^ght time, to hunt, shoot, catch or pursue any of the birds or animals mentioned in the first six sections of this act, in the night time, or to employ any device, means or contrivance whatever for catching, kill- ing or destroying any such bird or animal in the night time. FISH AND GAME LAWS. 45 Section 8. It shall be unlawful to kill, take, Game not to ., -, , ' . ' be shipped out wound, or pursue, purchase or have in possession of state. when so killed or taken, any of the birds or ani- mals mentioned in the first six sections of this act with intent to export, carry or convey the same, or any part or portion of such bird or ani- mal, beyond the bound aries of this state. In de- termining the question of intent of any party charged under this section, any competent proof that the accused has within one year exported or caused to be exported or conveyed beyond the limits of this state, any bird or animal covered by this section, or any part of such bird or animal, shall be received as prima facie evidence of the existence of such unlawful intent charged in the complaint or information. Section 9. (As amended by chapter 460, laws otter, marten, of 1891.) It shall be unlawful to take, catch, kill Saytftakem or destroy, or have in possession when so killed or taken, any otter, marten, or fisher, between the first day of May and the succeeding first day of November. Section 10. It shall be unlawful to pursue, Fur bearing trap, ensnare or kill, any otter, beaver, mink or animals - muskrat, or other fur bearing animal, upon the lands or to the middle of any stream of water adjoining lands of another person who is engaged in the business upon such lands of breeding or rearing any such animal. Section 11. (As amended by chapter 443, laws Penalty of 1889.) Any person who shall violate any pro- vision of section 1, section 2, section 4, section 5, section 6, section 6a, section 7, section 8, section 9, section 10 of this act, shall be guilty of a misde- meanor, and shall be punished by a fine of not less than five dollars and not exceeding twenty -five dollars, or by imprisonment in the county jail not more than sixty days, or by both such fine and imprisonment; and any person who shall violate any provision of section 3, of this act, shall be guilty of a misdemeanor and shall be punished by a fine of not less than twenty -five dollars and not more than one hundred dollars or by imprison- ment in the county jail not less than sixty days nor more than six months, or by both such fine and imprisonment. Section 12. Sections 4564, 4565 and 4566, and all acts and parts of acts contravening the provis- 46 FISH AND GAME LAWS. ions of this act are hereby repealed, but this act shall not be held to repeal or suspend the opera- tion of penal laws of a local character, applicable to the same subject which are now in force, within local territorial limits. Section 13. This act shall take effect and be in force from and after its passage and publication. Approved April 8, 1887. CHAPTER 299, LAWS OF 1883. AN ACT relating to the killing of deer in the state of Wisconsin. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: closed time Section 1. It shall be unlawful for any person for deer killing. or persons to hunt, take or kill any buck, doe or fawn within the state of Wisconsin between the 15th day of December and the succeeding 1st day of November; or at any time to hunt, take or kill any buck, doe or fawn within the state of Wis- consin, after nightfall, by the aid of any police lantern, torchlight or any other artificial light. See section 2, chapter 309, laws of 1885. A part of this act relative to the time of killing game, has been repealed by- chapter 374, laws of 18S7. Section 2. It shall be unlawful for any person or persons to take, send or ship, or cause to be taken, sent or shipped out of this state, any buck, doe or fawn killed within the state of Wisconsin. Section 3. Any person or persons violating any of the provisions of this act shall, upon con- viction thereof, be fined twenty-five dollars ($25) for each such offense, one-half of which, when re- covered, shall go to the complainant or informer. Section 4. All acts or parts of acts not consist- ent with this act are hereby repealed. Section 5. This act shall take effect and be in force from and after its passage and publication. Approved April 2, 1883. FISH AND GAME LAWS. 47 CHAPTER 309, LAWS OF 1885. AN ACT to protect game and prevent the ship- ment thereof out of the state. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Section 1. No person shall at any time take, conditions as catch, kill or destroy any deer for any purpose andlmin^ except for consumption therefor (thereof) as food deer - within this state. Section 2. No person, company or corporation unlawful to i shall take, catch, kill or destroy any deer, or have ^er^cejjt as in possession any part of the carcass of the same, herein provid- for consumption as food, within this state, except during the months of October and November of each year. A part of this act relative to the time of killing game has been repealed by chapter 374, laws of 1887. Section 3. No person, company or corporation prevents ship- shall expose for sale or have in possession, except ^omatef alive, at any time, any deer, or any part of the carcass of the same, with the intention of send- ing or transporting, or having the same sent or transported beyond the limits of this state. Section 4. Every violation of any provision of penalty. this act shall be a misdemeanor, and shall be pun- ished by a fine of fifty dollars; and any person so offending shall, on conviction and in default of payment of such fine, be committed to the county jail until such time, not exceeding thirty days, as such fine shall be paid. Section 5. This act shall take effect from and after its passage and publication. Approved April 4, 1885. LOCAL GAME LAWS. BURNETT COUNTY. CHAPTER 131, LAWS OF 1877. AN ACT to provide for the protection of game in the county of Burnett. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: when unlawful Section 1. No person shall catch, kill or other - to kill game. ■, , ■. c . , . .' wise destroy or have in his possession, or expose for sale, any deer or fawn, grouse, prairie hen or prairie chicken, woodcock or partridge in the county of Burnett, except between the 15th day of October and the succeeding 1st day of Novem- ber in each year, under a penalty of twenty dol- lars for each deer or fawn, and ten dollars for each grouse, prairie hen or prairie chicken, (or) woodcock, caught, killed or otherwise destroyed, or held in possession or exposed for sale. how and by Section 2. All penalties imposed by the pro- whom penalties .. . .. . , r , * , J ... r , for violation visions of this act may be recovered with costs tamed? ob " of action by any person or persons, in his or their own names, or in the name of the state of Wis- consin, before any justice of the peace in any town, or police justice of any city, in the county where the said offense was committed, or where the defendant may reside or be found; and any such justice of the peace or police justice is authorized, upon receiving sufficient security for the costs on the part of the complainant, or other- wise in his discretion, and satisfactory proof by affidavit of the violation of any of the provisions of this act, by any person whomsoever, to issue his warrant in the form of a criminal warrant, and to have such offender brought immediately FISH AND GAME LAWS. 49 before him to answer the charge against him, or committed or held to bail to such charge, and any such justice of the peace or police justice within said county named in the first section of this act, may, upon proof of probable cause to believe that any person within said county conceals any deer, game birds or bird, mentioned in this act, during any of the prohibited periods, any such deer, game birds, or birds caught, killed or otherwise destroyed, held or possessed, in violation of any of the provisions of this act, issue his search war- rant and cause search to be made in any house, boat, car, or other building, and for that end may cause any apartment, chest, box or locker to be broken open and the contents examined. Section 3. The affidavit made by the com- Forms of com- plainant shall be deemed the complaint in all ac- plamt * tions instituted under the provisions of this act, and it shall not be necessary to state therein the number of such game birds, concerning which the defendant is charged. Section 4 Any penalties, when collected, how penalties shall be paid into the court, and shall thereupon t0 - bepaid " be paid by such court, before such conviction shall be had, to the credit of the school fund of said county, and on the non-payment of the penalty and costs of the prosecution or any part thereof, at the time of conviction, the defendant shall forthwith be committed to the common jail of such county for the period of not less than ten days, when the judgment therefor, aside from the costs, exceeds not the sum of fifty dollars, and at the rate of one day for each ten dollars,:in which said judgment, aside from costs, exceeds in amount the sum of fifty dollars. Section 5. This act shall take effect and be in force from and after its passage and publication. Approved March 3, 1877. 50 FISH AND GAME LAWS. DOOE COUNTY. Killing and selling pro- hibited. Shipment to places outside county pro- hibited. No killing for the skin. Exception. Penalty for violation. CHAPTER 40, LAWS OF 1879. AN ACT to prohibit the killing of deer in Door county, for shipment outside of Door county. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Section 1. No person shall kill any buck, doe, or fawn, in Door county, to sell or to be sold, or to send or deliver, in pursuance of any sale or agree- ment to sell, in whole or in part, for use as food outside of Door county. Section 2, No person shall take, send, or ship, nor cause nor procure to be taken, sent, or shipped from Door county to any place outside of Door county, to sell or to be sold, or in pursuance of any agreement to sell,.or of any sale, any buck, doe or fawn in Door county, nor the carcass, nor any part of the carcass, of any such buck, doe or fawn. Section 3. No person shall kill any buck, doe or fawn in Door county, merely for the skin of such deer; and any person killing any such buck, doe or fawn, in said county, who shall throw away or abandon the carcass thereof, or any part of such carcass, shall be held guilty of the offense named in this section. Section 4. (As amended by chapter 198, laws of 1880.) No person shall take, send or ship, nor cause, nor procure to be taken, sent or shipped from Door county to any place outside of Door county, any buck, doe or fawn, or the carcass, or any part of the carcass, of any buck, doe or fawn, killed in Door county. No person or persons shall be allowed to hunt, worry or kill any buck, doe or fawn after nightfall, by the aid of any police lantern, torch light, or any other artificial light. Section 5. Any person violating any of the provisions of this act shall, on conviction thereof, be fined in the sum of twenty-five dollars for each such offense, and shall pay the costs of prosecu- FISH AND GAME LAWS. 51 tion; and in default of the payment of such fine and costs, or any part thereof , shall be committed to the common jaii of said county until the same be fully paid, or until he be discharged by due course of law. Section 6. Any person may be charged, in the More than one -same count of the complaint, with any or all of pMnt. incom " the offenses named in this act, and with respect to any number of deer; and, in different counts, may be charged with the same or any of the same offenses, with respect to any other deer; and for each and every buck, doe, or fawn with respect to which, or the carcass thereof, or any part of such carcass, any person shall violate any provision of this act, such person shall be guilty of a separate and distinct offense, within the meaning of this act; and the aggregate of the fine imposed on any such person, shall be equal to twenty-five dollars for each such offense. • Section 7. Any two or more persons acting Liability of per - together in the commission of any offense against together. tIns this act, or with intent to commit any act in vio- lation thereof, shall be each, and any, and all, liable for the acts of each such person, and may be charged and tried severally together. Section 8. Any complainant in any prosecution under this act, shall be entitled to one-half the fine recovered in such prosecution. Section 9. This act shall take effect and be in force from and after its passage and publication. Approved February 20, 1879. 52 FISH AND GAME LAWS. GREEN LAKE COUNTY. CHAPTER 80, LAWS OF 1875. Unlawful to use blind or bough bouse. Penalty for violation. AN ACT for the preservation of duck and other wild fowl in the county of Green Lake. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Section 1. It shall not be lawful for any per- son to place, construct or erect or use for the pur- pose of hunting or shooting duck, or other wild fowl, any stationary cover, blind or bough-house in or upon any of the lakes, rivers or other waters of Green Lake county, in this state; nor shall it be lawful for any person to use for the purpose of hunting or shooting duck or other wild fowl, any movable cover, blind or bough-house over eighteen inches in height, in or upon any of the said lakes, rivers or other waters of said county of Green Lake. And any person violating either of the provisions of this act, shall be punished by a fine of not less than ten dollars nor more than fifty dollars for each and every offense; and the justices of the peace of said county shall sever- ally have jurisdiction over all offenses under this act. Section 2. This act shall take effect and be in force from and after its passage. Approved February 26, 1875. FISH AND GAME LAWS. 53 MILWAUKEE COUNTY. CHAPTER 309, LAWS OF 1876., AN ACT relating to the destruction of game. TJie people of the state of Wisconsin, represente d in senate and assembly, do enact as follows: Section 1. It shall be unlawful for any per- umawfuito son to enter upon the occupied lands of any per- KswifhJut* son in the county of Milwaukee, for the purpose ^^ lt of of shooting any game or birds, without the con- sent of the owner of such occupied lands. Every person offending against the provisions of this section shall upon conviction thereof forfeit the sum of ten dollars ($10) and cost of prosecu- tion. Section 2. It shall be unlawful for any person unlawful to to hunt for or kill rabbits in the county of Mil- SflrreS waukee, by means or by use of the animal com- monly known as the ferret. Every person offending against the provisions of this section, shall, upon conviction thereof, forfeit not less than ten nor more than fifty dollars ($50) for each and every offense, and cost of prosecution. Section 3. Justices of the peace shall have ju- Jurisdiction of risdiction to try and determine all cases under justices of the this act; provided, that the defendant shall not be peace " deprived of the right of appeal or of trial by jury. Section 4. This act shall take effect from and after its passage and publication. Approved March 10, 1376. 54 FISH AND GAME LAWS. WALWORTH, ROCK, JEFFERSON, WAUKE- SHA, MILWAUKEE AND RACINE COUNTIES. CHAPTER 214, LAWS OF 1891. AN ACT for the protection of quail. TJie people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Quail, not to be Section 1. Any person who shall take, kill, killed before . . ■, , *. 1 ii_ 1 1 • Sep. i, 1894. catch, destroy, or wantonly molest or have in his possession when killed or taken, or who shall offer for sale in the counties of Walworth, Rock, Jefferson, Waukesha, Milwaukee or Racine, any quail or bob- white, from and after the passage of this act to the first day of September, 1894, or who shall disturb the nest or destroy the eggs of such Penalty. birds, shall be punished by a fine of not less than twenty nor more than one hundred dollars and costs for each offense, or by imprisonment in the county jail of the county where the offense was committed, for a period of not less than ten nor more than sixty days. Section 2 This act shall take effect and be in force from and after its passage and publication Approved April 11, 1891. MISCELLANEOUS. SEARCH WARRANTS. CHAPTER 414, LAWS OF 1889. AN ACT to amend chapter 456, of the laws of 1887, relating to game and fish. . The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Section 1. Repealed by chapter 436, laws of 1891. Section 2. Repealed by chapter 436, laws of 1891. Section 3. Repealed by chapter 436, laws of 1891. Section 4. Any justice of the peace or other justice to issue magistrate upon receiving proof of the probable forc^c^ied 11 * cause for believing in the concealment of any flsh or s ame - game, fish or bird during any of the periods pro- hibited by any of the laws oc this state, shall issue his search warrant and cause search to be made in any house, market, boat, car or other building, and for that end may cause any appart- ment, chest, box, locker, crate, barrel or other device to be broken open and the contents ex- amined. Section 5. This act shall take effect and be in force from and after its passage and publication. Approved April 16, 1889. 56 FISH AND GAME LAWS. INSECT DEVOURING BIRDS. Penalty for kiling insect devouring birds. Section 4567. (R. S. 1878 as amended by chap- ter 56, laws of 1891.) Any person who shall wan- tonly maim, kill or destroy, by any means what- ever, any brown thrush, blue bird, martin, swallow, wren, cat-bird, robin, peewee, meadow lark, or other insect devouring bird, of any kind or name whatever, or destroy the nests or eggs of any such bird, shall be punished by fine not exceeding fifteen dollars nor less than one dollar. CHAPTER 413, LAWS OF 1887. Killing of birds for millinery Eurposes pro- ibiled. AN ACT to prevent the killing of birds for mil- linery purposes. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Section 1. That any person who shall shoot, kill or catch by means or use of any net, snare, trap, gin or spring guu, any robin, sparrow, thrush, bluebird, swallow, cat-bird, kingbird, woodpecker, flicker, pigeon, dove, blackbird, wren, finch, lark, pewee, oriole, humming bird, bunting, grackle, grosbeak, warbler, fly-catcher, swift, wax-wing, creeper, chickadee, goatsucker, tanager or whip- poor-will, for millinery purposes, shall be deemed to be guilty of a misdemeanor, and upon convic- tion thereof in any court of competent jurisdic- tion, within this state, shall be punished by the payment of a fine not exceeding the sum of one hundred dollars nor less than five dollars for each offense, to be collected as provided by the laws of this state for the collection of fines. One-half of such fine when collected shall be paid to the FISH AND GAME LAWS. 57 county treasurer, and by him paid into the school fund; the remaining half shall be paid to the in- former. Section 2. This act shall take effect and be in force from and after its passage and publication. Approved April 11, 1887. DOGS. CHAPTER 523, LAWS OF 1887. AN ACT to make dogs, beasts and birds subjects of larceny and prescribing penalties for the larceny thereof. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Section 1. Any person who shall wrongfully what domestic ^^ riiiltlsJs sub" take, entice or carry away, without the consent jects of of the owner, any bird, ordinarily kept in a state larcen y- of confinement, or any dog or beast of any value, and not the subject of larceny at common law, with the intent to deprive the owner of the own- ership thereof, shall be deemed guilty of larceny and shall, upon conviction thereof, be punished by imprisonment in the county jail not more than six months nor less than ten days, or by fine not exceeding one hundred dollars nor less than five dollars. Section 2. This act shall take effect and be in force from and after its passage and publication. April 15, 1887. INDEX. Page. Appointment of state fish and game warden 3 of deputies 8 Aquatic fowls, open season 40 Bait, quantity and how taken 14 Bass, when may be caught 12 less than a pound in weight not to be sold 18 Bass Channel-, local fish laws for 26 Birds not to be killed for millinery purposes 56 subject of larceny 57 Blinds 43 Brant, when may be caught, taken or killed 40 Brown county, local fish laws for 26 Brule river, spawning season for 27 Burnett county, local game laws for 48 Butte des Morts, local fish laws for 36 Buck, when may be caught, taken or killed 40 Chequamagon Bay , 20-24 Concealed fish or game, justice may issue search warrant for 55 Commissioners of fisheries may take fish at any time 15 Coroners ex-offlcio deputy wardens 5 Dams may be constructed by owners of private fish ponds , 16 Deer, when may be caught, taken or killed 40 District attorney, to prosecute offenders 7 to co-operate with wardens to enforce law 8 Deputies, fish and game wardens, how appointed 3 sheriffs and police officers are 5 fees of 4 Doe, when may be caught, taken or killed 40 Dogs, not to be used in hunting game birds 41 subjects of larceny 57 not to be used in hunting deer 42 Douglas county, local fish laws for 28 Door county, local game laws for 50 Duck, when may be caught, taken or killed 40 Duties of state fish and game warden 3 Douglas mill pond, Jackson county, local fish laws for 28 Dynamite not to be used 15 60 INDEX. Page. Eggs, of game birds protected 43 and milt of trout to be replaced in water 24 of white Ash to be replaced in water 25 Exportation of game, etc., illegal ;. 15 Fawn, when may be caught, taken or killed 40 Ferrets, confiscation of 4 Fox river, nets not to be used in 36 local fish laws for 36 Forms of complaints, warrants, etc 6 Fire hunting illegal 44 Fish, local laws relating to 26 when may be caught . . 12 offal not to be deposited in waters mentioned 21 offal defined 21 Fish commissioners, may take fish for artificial propagation 15 Fisher, when may be caught, taken or killed 40 Fur bearing animals protected , 3S Game, when may be caught, taken or killed 40 Goose, when may be caught, taken or killed 40 Governor, to appoint state fish and game warden 3 Green Lake county, nets not to be used in 29 closed season for 29 local game laws for 52 Grouse, when may be caught, taken or killed 40 Inland lakes defined 14 Insect devouring birds protected 56 " Jack light " not to be used 46 Jackson county, local fish laws for Trout Run 33 Douglas mill pond 28 Jurisdiction, extent of wardens 9 Justice of the peace, may issue search warrant for concealed fish or game 55 Local laws, relating to fish — 26 relating to game 48 Mallard duck, when may be caught, taken or killed 40 Marten, when may be caught, taken or killed 40 Mesh of nets, size of, in Lake Superior 23 Milt and eggs of trout to be replaced in water 24 of white fish to be replaced in water 25 Michigan Lake 3, 20, 24 Millinery purposes, killing of birds for, illegal 56 Milwaukee county, local game laws for . 53, 54 INDEX: 6L Page. Mississippi river 9 Muskallonge, when may be caught 12 Muskrat, breeding of, protected 45 Nets, not to be used in inland waters 13 to be confiscated by warden 14 Offal, of fish defined 21 Office of state warden to be at Madison 10 Otter, when may be caught, taken or killed 40 breeding of, protected 45 Osceola creek, Polk county, trout in 31 Partridge, when may be caught, taken or killed 40 Powers and duties of warden and deputies 4 Pickerel, closed season for "Washington county 24 Pike, when may be caught 12 less than one pound weight not to be sold 18 Pheasant, when may be caught, taken or killed 40 Plover, when may be caught, taken or killed 40 Polk county, local fish laws for 31 Poygan lake, local fish laws for 86 Prairie hen or chicken, when may be caught, taken or killed 40 Proceeding to declare property contraband 5 Private fish ponds, signs to be posted at 16 owner of , may construct dams in streams 16 person entering upon, tresspasser 17 Quail, when may be caught, taken or killed 40 killing of in certain counties prohibited , 54 Racine county, local fish laws for 35 local game laws for 50 hook and line only to be used in 35 closed season in 35 Refuse not to be deposited in trout brooks 19 Report, warden's, to be filed with the secretary of state , 8 Rock river, local game laws for 54 Rock lake, Jefferson county, closed season for 32 Salary of state fish and game warden 9 Sawdust not to be deposited in trout brooks 19 Seines, used in violation of law contraband 5 Secretary of state, warden to file report with 8 Set lines, use of in Waukesha and Racine counties prohibited < , . 36 62 INDEX. Saipe, when may be caught, taken or killed Sneak boats, use of, prohibited Snares, used in violation of law contraband Spawning season defined Spring guns, use of. prohibited Sparrows may be killed Spears, may be used, where Page. 40 43 5 15 42 56 15 Squirrels, when may be caught, taken or killed. Signs to be posted on private fish ponds Stationery for warden Sturgeon Sturgeon Bay, defined nets not to be used in subject to provisions of law. Swivel guns. (See snares.) 40 10 9 15 23 ^2 Teal duck, when may be caught, taken or killed. .. Trout, when may be caught eggs and milt of, to be replaced in water. . . to be caught by angling only Trout Run, Jackson county, fishing in prohibited. Traps, used in violation of law contraband Trespass, entry upon private fish ponds a Warden, duties of state fish and game... Wa ukeba county, hook and line only to be used in waters of closed season in local fish laws for Washington county, hook and line only to.be used in waters of closed season in Walworth county, local game laws for Winnebago lake, nets not to be used in gill nets may be used in local fish laws for White fish, less than a pound and a half in weight not to be caught. when may be caught milt and eggs of, to be replaced in water Wild duck, when may be caught, taken or killed Winneconne lake, local fish laws for Woodcock, when may be caught, taken or killed Wood duck, when may be caught taken or killed Wolf river, nets not to be used in local fish laws for 4 35 35 35 34 34 54 36 37 36 20 12 25 40 36 40 40 36 36- i^f STATE OP WISCONSIN. FISH AND GAME LAWS. 1895. COMPILED AND PUBLISHED UNDER DIRECTION OF THE STATE FISH COMMISSION, LIBRARY i)E CONGRESS DIVISION OFDOCLiir MADISON, WISCONSIN: DEMOCRAT PRINTING COMPANY, STATE PRINTER 1395. STATE OP WISCONSIN. FISH AND GAME LAWS 1895. COMPILED AND PUBLISHED UNDER DIRECTION OF THE STATE FISH COMMISSION, MADISON, WISCONSIN: OKMOCRAT PRINTING COMPANY, STATE PRINTER. 1895. FISH AND GAME LAWS OF WISCONSIN, CHAPTER 221. An act to revise, amend and consolidate the laws of the state relating to game and its preservation, fish and the preservation and propagation thereof. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: THE COMMISSIONERS OP FISHERIES. Of whom composed — Section 1. There is constituted a board of eight commissioners of fisheries, composed as fol- lows, and to be styled "The commissioners of fisheries:" 1. The governor while in office. 2. Six commissioners to be appointed by him and with the consent of the senate. 3. The professor of zoology in the Universitj 7 of Wiscon- sin, for the time being, shall be ex- officio a member of said commission. Term of office — Section 2. The terms of appointment of the six members shall be six years and until their suc- cessors are appointed. The appointments shall be made by the governor and reported to the senate as soon as practicable, and in case the senate is not in session the commissioners appointed shall act from and after the date of appointment. And in the order in which vacancies upon the board of commissioners shall occur, the governor shall appoint one commissioner for one year; one for two 4 Fish and Game Laws of Wisconsin. years ; one for three years ; one for four years ; one for five years; one for six years, and after such vacancies have been filled by such appointments in such order the ap- pointment of succeeding members of the commission shall be for the term of six years each. The terms of the present commissioners shall continue the same as if this act had not been passed. The governor shall fill all vacancies by appointment, the person so appointed to hold for the residue of the term only. How organized — Section 3. The organization of the board shall be as follows: One of the number shall be chosen as president, and one as treasurer. The p resident, treasurer and secretary, as hereinafter provided for, shall constitute an executive committee of said board, which committee shall have power to act in all matters pertain- ing to fish and game in the absence of the board, under such restrictions, rules and regulations as may be prescribed by the by-laws adopted by such board. The secretary shall act as secretary of the board and keep its records. They may choose from their number such other officers as their by-laws provide for. They may make such by-laws as they may deem proper, not inconsistent with law, and meet at such times and places as they by their bylaws may pre- scribe, and appoint such committees and delegate to them such duties under the power and direction _>f the commis- sioners as they deem expedient. The commissioners shall receive no compensation, but each shall be reimbursed his expenses, certified by him with a statement of items to be actually and necessarily incurred in the performance of his official duty, out of such appropriation as may be made by the legislature, and no officer shall receive any compensa- tion except such as is herein provided for. Powers and duties — Section 4. The commissioners of fisheries shall have general charge of the following public matters, and necessary powers therefor: Propagation — 1. The propagation and breeding of fish, of such species and varieties as they deem of value to the peo- ple of the state. Fish and Game Laws of Wisconsin. 5 Information — 2. The collecting and diffusion of such in- formation as they deem useful in regard to the propaga- tion and preservation of fish. Control of hatcheries — 3. The government and control, supply and repair of the state hatcheries, the grounds used therefor whether owned or leased, the buildings, ponds, apparatus and all other property belonging to or held by the state for the propagation of fish. Establishment of hatcheries — 4. The purchase and estab- lishment of new hatcheries in like manner, when appro- priations shall be made by law to maintain the same. Receiving fry — 5. The receiving from the commissioner of the United States or other persons, of all spawn or fry donated to the state or purchased, and in the most prac- tical ways by exchange or otherwise, to procure, receive, distribute and dispose of spawn and fish, and to take such other measures as shall in their judgment best promote the abundant supply of food fishes in the waters of the state. Taking fish for propagation and stocking — 6. The taking of fish at all seasons from the public waters of the state for artificial propagation and stocking other waters of the state ; provided, however, that no such fish shall be taken, except in the presence of and under the direction of the superintendent or his authorized agent, or by such super- intendent or authorized agent himself, and in such instance such superintendent or agent shall be provided with a tank or tanks of suitable size to keep such fish alive. Report — 7. They shall report in January of each year to the legislature their transactions for the two preceding fiscal years ending the preceding thirtieth day of Septem- ber. Preservation of fish and game — 8. The preservation of game and fish and the enforcement of the laws therefor, and other measures taken to secure such preservation and protection. Disbursement of funds — 9. The disbursement of any funds provided by law or collected pursuant to the provisions of 6 Fisli and Game Laivs of Wisconsin. this act and applicable to the payment of the expenses of the employment and services of wardens or deputies ap- pointed by the commissioners. Miscellaneous powers — 10. Such other matters as now are or may be committed to them by law with all powers nec- essarily incident to their due execution; and may have a seal which shall be used in authenticating documents, ap- pointments, and certificates issued by them. To erect warning signs near Jishirays — 11. To cause to be set up on both sides of any stream, where a fish way is re- quired by law to be maintained in any dam, a signboard containing the words, "All persons prohibited from fish- ing or taking fish within one hundred feet of the fishway, " but the absence of such signboard shall not make such fish- ing or taking fish lawful. Appointment of superintendent— Compensation — Duties. Section 5. The commissioners of fisheries shall appoint and may remove at pleasure a superintendent of fisheries at a salary not exceeding two thousand dollars per annum, and one assistant to be appointed at such salary as the board may fix . The commissioners may permit the super- intendent or assistant or any employe to occupy such of the tenement houses at the hatcheries, and such grounds there- with as they deem reasonable. The duties of such super- intendent shall be, under the direction of the commis- sioners : Hatching of spawn — 1. To superintend the receiving and hatching of spawn, its proper care and distribution, and the care of the property. Fish car — 2. To direct the running and use of the fish car, and its care, repair and preservation. Care of property — 3. To care for the property of the sev- eral hatcheries, keep a proper inventory thereof, together with the cost of each article. Keep accounts — 4. To keep a careful account in detail and separately of the expenses of each of the hatcheries, the distribution of fish, and the collection of wild fish and their distribution, of maintaining and repairs upon the car, and Fish and Game Laws of Wisconsin. 7 of such improvements or repairs as may from time to time be ordered. For such expenses, when audited and allowed pursuant to the by-laws of the commission, he shall be re- imbursed by the treasurer of the commissioners. Other duties — 5. To perform such other duties as may be prescribed by the commissioners. State fish and game warden; appointment; compensa- tion; powers; duties. — Section 6. The governor shall appoint as provided in section 1, of chapter 436, of the laws of 1891, by and with the approval of the senate, as soon as practicable after the passage of this act, a state fish and game warden, whose term of office shall be two years from the date of his commission. The salary of such fish and game warden shall be eighteen hundred dol- lars per annum, payable in monthly installments by the state treasurer the same as salaries for other state offi- cers are paid, upon warrant of the secretary of state. Such state fish and game warden shall in addition to such salary be paid his actual expenses incurred in the discharge of his duty, upon vouchers therefor filed with the secretary of state and approved by the governor. Such state fish and game warden shall also act as secretary to the commis- sioners of fisheries. The duties of the officer provided for by this section shall be as follows: To keep records and conduct correspondence. — 1. To keep the records of the state fish commission, conduct its official correspondence and under the direction of the commission- ers to collect information and statistics as to the fisheries and fish food resources of the state. Duties defined. — 2. As state fish and game warden to per- form the duties and exercise the powers conferred by this act and by law, to perform or do any act or use any power or authority conferred by this act in section nine, and shall have the same rights, powers and authority confer- red by section two, of chapter 436, laws of 1891, upon the state fish and game warden herein mentioned. [Section 2, of chapter 436, laws of 1891 — Such fish and game warden or any such deputy, shall have full power and au- 8 Fish and Game Laics of Wisconsin. thority to serve and execute all warrants and processes of law issued by justices of the peace or police magistrates, or by any court having jurisdiction, under the provisions of this chapter or any other law of this state, relating to the pres- ervation of fish, game or birds, in the same manner as any constable may serve and execute such process, and may arrest any person or persons by them detected in actually violating any of the provisions of the laws of this state relating to the protection of fish, game or birds, and may take such person or persons so offending, before any court having jurisdiction of the offense, and make proper com- plaint before such court, which shall proceed with such cause in the manner and form as provided by law. It shall further be the duty of such fish and game warden or his deputies, upon receiving information that any such law has been violated, to immediately cause a thorough investiga- tion to be made of such complaint and to cause proceed- ings to be instituted, if the proof at hand will warrant a conviction. For which purpose, and for all the purposes of enforcing this chapter and in the apprehending or secur- ing of any person or persons for the violation of the game, fish or bird laws of this state, and for the purpose of con- fiscating and obtaining a forfeiture of any nets, snares, traps, or other contrivances of any kind or of any dog or ferret, used in violation of any game, fish or bird laws of this state, they and the sheriff, deputy sheriff, coroner, constable, or police officer having the powers of a sheriff or constable, may call to their aid such persons, or the power of the county as they may deem it necessary ; and it shall be the duty of every sheriff, deputy sheriff, coroner constable or police officer having the powers of a sheriff or constable, of any county of this state, whenever required by such fish and game warden, or his deputies, to forth- with assist them in the execution of process and in the siezure and confiscation of any contrivances or animals used in violation of such laws. Such fish and game warden and his deputies shall have the power, and it shall be their duty, to take and confiscate any and all nets, Fish and Game Laws of Wisconsin. 9 snares, traps, ferrets, or dogs, and every other means and contrivances whatsoever, used in violation of any of the fish, game or bird laws of this state.] Other duties — 3. To perform such other duties as may be prescribed by the commissioners or devolved upon him by law. Fish commissioners to have room and stationery. — Sec tion 6a. The^commissioners shall be furnished a suitable room in the capitol for an office, suitable furniture there- for; and such office shall be for the use of their secretary. The superintendent of public property shall furnish suffi- cient stationery for the use of the commission and its sec- retary ; and any printed blanks necessary for the use of the commission's secretary shall be supplied as is now fur- nished to the several departments of the government in the capitol. Deputy fish and game wardens. — Section 7. The com- missioners of fisheries shall empower the secretary of the commissioners to appoint in the name of the commission and under its seal, such number of game and fish wardens as they deem necessary, not to exceed two in each county, to serve in the various parts of the state, who shall hold office during the pleasure of the commissioners, and be under the immediate direction and control of the secretary, as chief warden. He may also appoint, in like manner, any special warden upon the recommendation of any county board of supervisors, incorporated society or voluntary association, co-operating for the better enforcement of the fish and game laws of the state. The sheriffs, deputy sheriffs, constables, or other ministerial peace officers, in their respective jurisdictions shall have the same powers as are hereby conferred upon fish and game wardens; and in case of any proceedings instituted by one of them, he shall make report of the same to the secretary of the com- missioners, and shall be paid as in case of other official duties performed by him in like prosecutions or actions. Any special wardens so appointed are hereby authorized to receive any reward or compensation offered by any in- 10 Fish and Game Laics of Wisconsin. corporated or unincorporated association for the conviction of any violators of this or any other law of the state now or hereafter in force for the protection of fish, game or birds in this state. Compensation of deputies — Section 8. Such fish and game wardens appointed as herein provided shall receive no salary, and shall be entitled to the same fees as con- stables receive by law in criminal cases for like services and shall be paid in like manner, and shall also receive one half the proceeds of all fines and forfeitures collected in prosecutions and actions in which they are informants or complainants ; and for special services out of the con- tingent fund as hereafter provided. Powers and duties of deputies — Section 9. The powers and duties of such fish and game wardens shall be as follows : Informers and complainants — 1. To act as informers or com- plainants in instituting prosecutions and actions to recover penalties for foreitures for violations of this chapter or any law of the state for the preservation or protection of fish, game or birds. To investigate complaints — 2. To investigate all complaints, to obtain all information in regard to alleged or suspected violations of this act or the laws of the state for the pro- tection of fish, game and birds. To serve ivarrants — 3. To serve and execute all warrants' or process of law issued by any court, justice or magis- trate having jurisdiction of the offenses or violations of this or any act of the state for the protection of fish, game and birds. To seize fishing apparatus illegally used — 4. To seize, remove and forthwith destroy any net, pound or other device found in the inland waters of this state or in the posses- sion of any person or persons intending to use the same for fishing, or having removed or being in the act of re- moving the same from any of the waters where the fishing with nets or devices or the setting of the same is prohib- ited or illegal under this act or any law of the state, and which are declared to be public nuisances. Fish and Game Laws of Wisconsin. 11 To make report — 5. To make report of their proceedings as often as the secretary, acting under the direction of the •commissioners, shall require. To arrest violators — 6. To enforce the provisions of this act, and to arrest all persons violating or attempting to violate any of the provisions of the same, which violations are punishable by fine or imprisonment. To arrest without warrant in certain cases— -7. To arrest -without warrant any person found or caught by any of them in the act of violating or attempting to violate any of the provisions of this act which are made punishable by fine or imprisonment, and immediately take such person before some magistrate having jurisdiction of the offense in which such person is found, caught or j engaged and thereupon enter complaint, and the same proceedings shall be had as if warrant had been duly issued forjiis arrest, but no person shall be arrested without a warrant for any such violation or attempted violation when not engaged therein at the time of his arrest. To make complaint and obtain search warrant — 8. Whenever any game and fish warden or other officer having the pow- ers thereof shall have information and reason to believe that any person has in possession any fish, venison, duck, iowl or birds,, which have been illegally killed, caught or taken, or any nets or other apparatus, the use of which is prohibited by this act and that such nets or apparatus have been, within six months prior to such complaint illegally used by the person in possession of the same, such warden or officer shall make complaint to some justice of the peace of the proper county, or other court having criminal juris- diction over the territory where such property is, on oath, describing the articles so illegally in possession, above mentioned, and particularly the place where the same are, and setting forth the acts of illegal use as near as may be; and thereupon such justice or court may forthwith issue a warrant for the search for and seizure, as other search warrants are issued; and upon it being judicially proved and adjudged that the said fish, venison, duck or birds 12 Fish and Game Laics of Wisconsin. were illegally caught, killed or taken, contrary to the pro- visions of this, or any act of this state, or that said nets or apparatus have been so illegally used the justice or court so adjudging may order the same to be disposed of or destroyed, as the case may seem to require. To confiscate illegally caught fish and game and sell same — 9. To take possession of, in the name of the state, any fish, venison, birds, fowl or game, caught, taken or killed, had in possession contrary to the provisions of this act; and such fish, venison, birds, fowl or game are hereby declared contraband and shall be sold by the warden or his deputy to the highest bidder, and any one purchasing the same shall have the right to use the same as if the fish, venison, birds, fowl or game had been caught, taken or killed, or were possessed in accordance with the laws of this state, anything to the contrary notwithstanding; provided, that after the cost of sales the balance of the proceeds shall be paid into the state treasury to be credited to the general fund. Certain expenses chargeable to counties; per diem and expenses from contingent fund — Section 10. The reason- able exjDense of any seizure, removal or destruction of any nets, pounds, or other devices under this act shall be a charge upon the county in which the same is seized, and shall be audited, allowed and paid as other charges against such county are audited, allowed and paid. They shall be verified by the oath of the warden or officer by whom in- curred with full statement of the time, place and destruc- tion, the names of the persons employed therein, the time spent thereon and the money advanced, if any, and by whom. The expenses and a reasonable per diem may be paid, when incurred by any warden, out of any contingent fund, which may be provided by law for such purpose, for such special services as they may be directed by the secretary to perform. The outlying waters — Section 11. The waters of the state of Wisconsin, including Green Bay from the dam at De Pere on Fox river, Chequamegon bay, and that part of Fish and Game Laivs of Wisconsin. 13 Lakes Michigan and Superior [and of the Mississippi river]* lying within the boundaries of the state are herein desig- nated and referred to as the "outlying waters of the state. " Private waters — 1. The term, "private waters" applies to those ponds and streams exclusively owned by individuals and used for private hatcheries or ponds in which trout or other varieties of fish are artificially propagated, and without having heretofore received nor hereafter receiving spawn or fry or other assistance from the commissioners of fisheries in stocking the same. Trout streams public waters- — 2. The outlying and inland waters of the state and all streams which have heretofore been stocked with trout, whether meandered, as navigable or not, are deemed public waters, and the fish therein are public property and may be lawfully caught or taken by any person except as restricted or prohibited by this act or other provisions of law. Sturgeon bay regulations — 3. The waters of Sturgeon bay shall be subject to the following provisions: No pound, gill or fyke net or seine, or any other net or device for catching or trapping fish shall be used, except a dip net to be used for the purpose of catching minnows for bait, and by trolling hook or single hook and line; and it shall be unlawful to catch any fish in Sturgeon bay by any other method than is authorized by this section. The waters of Sturgeon bay shall be considered that portion lying south of a line drawn from the Sherwood Point lighthouse, said line running northeasterly to the shore, terminating southeast corner lot two (2), section eighteen, township twenty-eight, range twenty six east in Door county, and including also the waters of Sawyer's harbor. Detroit harbor limits and regulations — 4. The waters of Detroit harbor, which shall be construed to include that portion of water lying north and west of a line beginning at the extreme southern point of lot number three (3), sec- tion fourteen (14), town number thirty-three (33) north, of * The words within the brackets are not properly a part of this law. 11 Fislt and Game Laws of Wisconsin. range number twenty -nine (29) east, running thence east- erly in a direct line to the extreme southern point of lot number two (2), section eighteen (18), town number thirty- three (33) north, of range number thirty (30), all in Door county, shall be subject to the following, viz. : It is un- lawful and prohibited for any person for himself or another to set in the'waters of Detroit harbor any set hooks, seine, pound, fyke, trap'or gill net or any other device for catch- ing, killing or taking any fish from the waters thereof, except with a hand^dip net or minnow seine used exclus- ively for bait, and with trolling hook and line and single hook and line to be cast and used by hand. Lake Superior regulations — 5. It shall be unlawful for any person, for himself or another, to set or cause to be set in the waters of Lake Superior, on or near the main shore thereof, from the mouth of the Montreal river to the mouth of the St. Louis river, any pound, gill or fyke net or seine. REGULATIONS FOR THE OUTLYING WATERS OF THE STATE. Possession of certain fish prohibited — Section 12. It is hereby declared unlawful and prohibited for any fish dealer or other person to have in his possession in this state or to ship out of this state: Small ivJiite JisJt — 1. Any white fish of less than one and a half pounds round or undressed weight or less than one pound dressed, taken from the outlying waters of the state. Small pike and black bass — 2. Any wall-eyed pike, yellow or sauger pike, or black bass of any variety of less than one pound round or undressed weight, which have been taken from the outlying waters of the state, or Small white bass — 3. Any white bass of less than three- fourths of a pound round or undressed weight. No nets in great lakes within a mile of shore nor in Chequamegon hay — Section 13. It shall be unlawful for any person to set or cause to be set for himself or an- Fish and Game Laws of Wisconsin. 15 other, in the waters of Lake Superior anywhere within one mile of the main shore thereof from the mouth of the Montreal river to the mouth of St. Louis river and in the entire Chequamegon bay, any seine, pound, gill or fyke net. It shall be unlawful to place any seine or gill net in the waters of Lake Michigan within one mile of the shore thereof from the south line of the state to the north line of Kewaunee county, Wisconsin. Netting season in Green bay — Section 14. It shall be unlawful to use any gill, fyke, pound, seine, dip or other net in the waters of Green bay from the dam at De Pere on the Pox river to a line drawn one mile north from Long Tail Point lighthouse to Point Au Sauble, Brown county, from the tenth day of April in each year to the first day of July following. Refuse and fish offal not to be thrown in waters — Section 15. It is unlawful and prohibited for any person to place in any of the outlying waters of this state, in- cluding Sturgeon Bay, which border upon land whose owners or occupants are engaged in fishing any ship bal- last, stone, sand, cinders, ashes, slabs, decayed wood, bark, or other obstruction, within one mile from the beach or shore where said waters form any part of the bays or lakes constituting such outlying waters. Or for any boat owner, master or other person in charge thereof to wilfully or maliciously run into or molest any nets, traps or other fix- tures lawfully set in said waters for fishing purposes. Or to throw into the outlying waters of this state, or bays thereof, or streams emptying therein, or to leave upon the ice therein until it melts, any fish offal, which shall be construed to mean the heads, intestines and blood of fish, and dead fish. The fact of a fisherman coming on shore with dressed fish and no offal in his boat, shall be prima facie evidence that he has violated this section. 16 Fish ai\d Game Laws of Wisconsin. REGULATIONS FOR THE INLAND WATERS. Nets in inland waters; inland waters defined — Section 16. No person shall be allowed to set, place or use any gill, fyke, pound, seine, dip or other net or snare, or trap in any of the inland waters of the state of Wisconsin for the purpose of catching fish of any variety ; provided, that the fish known as whitefish may be taken with a dip net between the first day of November and the eighth day of December in each year. The inland lakes, rivers and streams of the state shall be construed as meaning all the waters within the jurisdiction of the state, except Lakes Superior and Michigan, Chequamegon Bay, Green Bay and Sturgeon Bay, [and] Lake St. Croix, [and the Missis- sippi river.] * This act shall not prevent the catching of shiners, chubs, dace, suckers, sheepshead, dogfish, garfish, red-horse, sturgeon, catfish and bullheads in all rivers or streams by the use of dip nets or spears, during the day- time at any season of the year; but no dip net shall be used for such purpose in any stream of the state contain- ing trout of any variety. THE IMPREGNATION OF EGGS. Trout to oe spawned — Section 17. It shall be the duty of each person engaged in fishing in any of the out- lying waters of this state between the twentieth day of October and the fifteenth day of November in each year, to take the eggs (if not already spawned) from the female trout caught by him, while alive, and the milt from the male trout, while alive, and to mix and, after mixing them together in a pail or pan so carefully that all the eggs may be impregnated, to throw them immediately into the water where the fish were taken. Whitefish to be spawned — 2. It shall also be the duty of any person employed in fishing in said outlying waters to take the eggs from all whitefish caught by him between the * Should be stricken out. Fish and Game Laws of Wisconsin. 17 first day of November and the twenty-fifth day of Novem- ber, each year, while alive, and the milt from the male whitefisb, while alive, and to mix and, after mixing them together in a pail or pan so carefully that all the eggs may be impregnated, to throw them immediately into the water where the fisb were taken. Fishermen to deliver spawn fish to fish commission's agents — 3. It shall be the duty of any person engaged in fishing in any of the outlying waters of this state, to deliver on de- mand to the commissioners of fisheries or to any one dep- utized by them or by their secretary in writing, all kinds of fish during the spawning season, from which spawn or milt can be taken, for the purpose of being stripped of their eggs and milt; and the person receiving them or placed in charge of them shall, immediately after having stripped the fish, return them to the person from whom received. Fish commission's agents to have access to boats, docks, etc. — 4. Any such fishermen shall also permit such person au- thorized by this section, to enter their boats, docks, grounds or other places where such fish may be, for the purpose of stripping the same and to render such assist- ance as may be necessary to expedite the work of the mix- ture of milt and eggs for proper impregnation. THE POLLiUTION OP WATERS. What constitutes pollution— Section 18. It is unlawful and prohibited — 1. To cast, deposit or throw overboard from any row, sail or steamboat or other craft into any of the inland waters of the state, or into Green Bay, Sturgeon Bay, or into Chequamegon Bay, or to deposit or leave upon the ice thereof until it melts, any fish offal which shall be con- strued to mean and include the heads, intestines, blood, and cleanings of fish and dead fish. The fact of any fisher men coming to the shore with dressed fish in his boat and 2 18 Fish and Game Laivs of Wisconsin. without the offal produced by such dressing shall be prima facie evidence of violation of this section. 2. To throw or deposit or permit to be thrown or depos- ited any lime, tan bark, ship ballast, stone, sand, cinders, ashes, slabs or decayed wood, or other substances deleter- ious to fish life (authorized drainage and sewerage from municipalities excepted) into any of the rivers, lakes or streams of this state, including Green Bay, Chequamegon Bay, and Sturgeon Bay, or into any stream wherein the •commissioners of fisheries have caused trout fry to be de- posited, or in which brook trout naturally abound. Public nuisances — Section 19. The following are de- clared to be public nuisances: Prohibited nets- — 1. Any net of any kind prohibited by law, while set or found in any waters where such net is prohibited by law from being set or used. Seines while in unlawful use — 2. All seines or other devices or contrivances set or found in any waters for catching fish in a manner prohibited by the laws relating to such waters. Set lines and lines with more than one hook — 3. All set lines, trout poles, ropes or cables, having more than one hook attached thereto, directly or indirectly, set in any waters contrary to law. Nets for trapping ivater fowl — 4. Any net set for the en- snaring, entrapping or drowning of ducks, wild geese or other water fowl. Traps, spring guns, etc., set for unlawful purposes — 5. Any traps, snares, spring guns, or other devices or contrivances set for the purpose of trapping, ensnaring or killing any animals, birds or water fowl, the trapping, ensnaring or killing of which is prohibited by law. Boats, deer lights, etc. — 6. Any boats, deer lamps, or lights while in use in the unlawful pursuit or hunting of deer. Pivot or swivel guns — 7. Any pivot or swivel gun or other fire arms not held habitually at arms length and dis- charged from the shoulder, while in use for the unlawful shooting of any animals, water-fowl or birds. Fish and Game Laws of Yfisconsin. 19 Screens set in public waters — 8. Aoy screens set in public waters to prevent the free passage of fish in trout streams which have been stocked by the state commissioners of fisheries. Blinds for hunting water-fowl and decoys used in close sea- son — 9. All boats, floating rafts or boxes, or blinds set in open water outside of the natural growth of grasses or rushes, in use for the unlawful pursuit, hunting or shooting of any duck, geese or brant, and all decoys set for the unlawful de- coying of such water fowl during the close season therefor. Articles named to be forfeited and destroyed on warrant. — 10. The illegal use of any of the articles mentioned in this section contrary to the provisions of this act shall forfeit the same to the state; and in any prosecution for such il- legal use of the same the court may, upon conviction, ad- judge, in addition to the fines and forfeitures by this act imposed the forfeitures of such articles and issue a war- rant commanding that such articles forfeited be destroyed. No liability incurred by any person in destroying these articles — Section 20. It shall be the duty of any warden, deputy warden, sheriff, deputy sheriff, constable, special warden, or other peace officer to destroy forthwith any article or thing declared hereby to be a public nuisance, when found or taken in the unlawful use, which according to this act makes the same a public nuisance; and no lia- bility shall be incurred to the owner or any other person for such destruction; any other person than warden or offi- cer finding such public nuisance is hereby authorized to de- stroy the same, and shall incur no liability therefor. The unlawful taking- or catching of fish — Section 21. It is unlawful and prohibited to fish for, catch or kill with any device or in any manner any of the kinds of fish men- tioned in this section during the close season therefor, as prescribed by this act or any other law of the state. Trout — 1. Speckled or brook trout, California or rainbow trout, or mountain or brown trout, or any other variety of trout with which the streams of the state may have been stocked. 20 Fish and Game Laws of Wisconsin. Bass, pickerel ■ ss. County. ) , being duly sworn, says that on the day of , in the year 189 — , at said county, (name of the accused) did cast, deposit or throw overboard from a row boat (sail or steamboat or other craft) in the (name the lake or water), being one of the inland waters of the state, as defined by chapter 221, of the laws of 1895, (or, into Green Bay, Sturgeon Bay or Chequamegon Bay), cer- tain fish offal, to-wit: contrary to sub-division 1, of section 18, of chapter 221, of the laws of 1895, and against the peace and dignity of the state of Wisconsin. Subscribed and sworn to before me this day of , A. D. 189-. Justice of the Peace. 44 Fish and Game Laws of Wisconsin. State of Wisconsin, } - ss. County. i ■ , being duly sworn, says that on the day of , in the j^ear 189 — , at said county, (name of the accused) did throw and deposit lime (tan bark, ship ballasts, stone, sand, cinders, ashes, slabs or decayed wood, or other substances deleterious to fish life, naming them), into (name of lake or water), contrary to the provisions of subdivision 2 of section 18 of chapter 221, of the laws of 1895, the said deposit not being then and there authorized by any drainage or sewerage from any municipality con- trary to subdivision 2 of section 18 of said chapter, and against the peace and dignity of the state of Wisconsin. Subscribed and sworn to before me this day of , A. D. 189—. Justice of the Peace. State of Wisconsin, ~\ [-ss. County of ) , being duly sworn, says that on the day of , in the year 189 — , at said county, (name of the accused) did catch and kill a speckled or brook trout (Cali- fornia or rainbow trout, etc.), daring the close season, con- trary to the provisions of section 21, of chapter 221, of the laws of 1895, and against the peace and dignity of the state of Wisconsin. Subscribed and sworn to before me this day of , A. D. 189—. Justice of the Peace. Fish and Game Laws of Wisconsin. 45 State op "Wisconsin, ~) vss. County of ) — , being duly sworn, says that on the day of , in the year 189 — , at said county, — (name of the accused) did have in his possession and under his con- trol certain fish (describing them), between the day of and the day of - — , being the close season, as prescribed by chapter 221, of the laws of 189% said fish not being then and there alive, all contrary to section 24, of chapter 221, of the laws of 1895, and against the peace and dignity of the state of Wisconsin. Subscribed and sworn to before me this day of A. D. 189—. Justice of the Peace. State'of Wisconsin,^ > ss. County of ■• ) ■ , being duly sworn, says that on the day of -, in the year 189 — , at said county, (name of the accused) did kill, capture and take from the (naming the water), being one of the inland waters of this state, as defined by chapter 221, of the laws of 1895, a black bass (green bass, Oswego bass, etc.), within the close season for taking said fish, being between the first day of March and the first day of June, contrary to the provisions of section 22, of chapter 221, of the laws of 1895, and against the peace and dignity of the state of Wisconsin. Subscribed and sworn to before me this day of , A. D. 189—. Justice of the Peace. 46 Fish and Game Laws of Wisconsin. State of Wisconsin, ^ - ss. County of ) , being duly sworn, says that on the — — day of , in the year 189 — , at said county, (name of the accused) did catch, kill and take fish (naming the variety if possible), in and from (naming the water), in the State of Wisconsin, by means of dynamite (or other explo- sives, naming them), contrary to subdivision 1 of section 22, of chapter 221 , of the laws of 1895, and against the peace and dignity of the state of Wisconsin. Subscribed and sworn 1o before me this day of , A. D; 189—. Justice of the Peace. State of Wisconsin, ~) - ss. County of ) , being duly sworn, says that on the day of , in the year 189 — , at said county, (name of the accused) did kill, capture and take (or pursue with intent to kill, capture and take or worry) a deer (buck, doe or fawn) between the twenty- first day of November and the succeeding first day of November in the following year, being the close season, as defined by section 23, of chapter 221, of the laws of 1895, contrary to the statute in such case made and provided, and against the peace and* dignity of the state of Wisconsin. Subscribed and sworn to before me this day of , A. D. 189—. Justice of the Peace. Fish and Game Laivs of Wisconsin. 47 Affidavit — For Arrest, for Transporting Fish or Game. State of Wisconsin, ~\ y ss. County of ) , being duly sworn and examined on oath by and before me, the undersigned justice of the peace in and for said county, makes complaint and says that heretofore, to- wit: On the day of , 189 — , at , county of , state of Wisconsin, incurred a forfeiture of the sum of one hundred dollars, according to the provis- ions of subdivision 13 of section 4L of chapter 221, of the laws of Wisconsin for the year 1895, by then and there transporting fish, caught in the waters of the state of Wis- consin, to-wit: Speckled trout, between the twentieth day of August, 189 — , and the fifteenth day of April next succeed- ing, being within the close season for catching said fish, as prescribed in chapter 221, of the laws of 1895 of said state, and not within the first three days of said close sea- son, said speckled trout not being raised in a private hatchery or branded as such, contrary to subdivision 1 of section 27 of chapter 221, of the laws of Wisconsin for the year 1895, and that the said is now indebted to the state of Wisconsin in the said sum of one hundred dol- lars, for the violation of the provisions of law above men- tioned. Wherefore, the complainant demands that a civil war- rant be issued against the body of the said and that he be arrested according to law. Subscribed and sworn to before me, this day of — — , A. D. 189—. Justice of the Peace. (This form of affidavit should be used for the purpose of obtaining a warrant of arrest from a justice of the peace for a violation of section 27, chapter 221, laws cf 1895, for transporting fish or other game and must be varied to suit 48 Fish and Game Laws of Wisconsin. the circumstances of every particular case. It should state the section and sub-division under which the offense is claimed to have been committed, and the beginning and end of the close season, negativing also that it is within the first three days of that season. The warrant of arrest next following should state the offense in the same manner as the affidavit. Afber the arrest and the prisoner is in court the complaint should be filed in form as found herein, next after the form of warrant, varying the allega- tions to correspond with the affidavit for arrest. This set of papers is to be used only for a violation of section 27. In all other cases the proceeding is a criminal prosecu- tion.) Civil Warrant for Arrest, for Transporting Fish or Game. County of ) [■ ss. Town of ) The state of Wisconsin, to the Sheriff or any Constable of said county : Whereas, has this day complained in writing to me on oath that did on the day of , 189 — , at , county of , in the state of Wisconsin, incur a forfeiture according to the provisions of sub-division 13, of section 41, of chapter 221, of the laws of Wisconsin for the year 1895, by then and there transporting fish, caught in the waters of the state of Wisconsin, to wit: Speckled trout, between the twentieth day of August, 189-, and the fifteenth day of April next succeeding, being within the close season for catching said fish, as prescribed in chap- ter 221, of the laws of 1895, of said state, and not within the first three days of said close season, said speckled trout not being raised in a private hatchery or branded as such contrary to sub-division 1, of section 27, of chapter 221, of the laws of Wisconsin for the year 1895, and said is now indebted to the said state of Wisconsin in the sum of Fish and Game Laws of Wisconsin. 49 one hundred dollars, by reason of the violation of the pro- visions of law above mentioned. Now therefore, you are hereby commanded to take the body of ■ — if to be found within your county, and bring him forthwith before the undersigned justice of the peace in and for said county, at my office in said ■ to answer unto the said state of Wisconsin to its damage two hundred dollars or under; and you are commanded to give due notice thereof to the plaintiff. Hereof fail not at your peril. Given under my hand, at this day of , A. D. 189-. Justice of the Peace. Complaint for Transporting Fish or Game. The State of Wisconsin, ~] County of - Plaintiff, against [ Defendant. In Justice's Court, Before Justice of the Peace. The above named plaintiff complains of the above named defendant and alleges that said defendant is indebted to the plaintiff in the sum of • one hundred dollars for a for- feiture incurred for the violation of subdivision 1 of sec- tion 27, of chapter 221, of the laws of Wisconsin for the year 1895, and subdivision 13 of section 41 of said chapter 221, by then and there transporting fish caught in the waters of the State of Wisconsin, to-wit: Speckled trout, be- tween the twentieth day of August, 189 — , and the fifteenth day of April next succeeding, being within the close sea- son for .catching said fish, as prescribed in chapter 221 of the laws of 1895 of said state, and not within the three 4 50 Fish and Game Laius of Wisconsin. first days of said close season, said speckled trout not being raised in a private hatchery or branded as such. Wherefore, the plaintiff demands judgment against the defendant for said sum of one hundred dollars, according to the provisions of subdivision 1 of section 27, and subdi- vision 13 of section 41, of chapter 221, of the laws of Wis- consin for the year 1895, together with the costs of this action. To be signed by the district attorney of the county in which the offense was committed. Complaint for unlawful possession. State of Wisconsin, ) [■ ss. County. ) — ■ — , being duly sworn, says that on the day of , in the year 189 — •, at said county, — ■ (name of the accused) did have in his possession a whitefish of less than one and one-half pounds in weight, said whitefish being taken from the (name the lake or water), being one of the outlying waters of the state, as defined by chapter 221, of the laws of 1895, contrary to subdivision 1 of sec- tion 12 of said chapter, and against the peace and dignity of the state of Wisconsin. Subscribed and sworn to before me this day of , A. D. 189—. Justice of the Peace. (This form may be used for any offense under section 12 except to vary the statement of the offense, under subdi- visions 2 and 3.) INDEX. Page. Artificial propagation not affected 26 Attempted violation 26 Beaver Creek 29 Birds, harmless, protected 23 Boundary waters, jurisdiction over 41 Bro tvn county 28 Car, fish 6 Chequamegon Bay 14, 16, 17, 18 Commissioners of fisheries 3, 4, 5, 9, 27, 35 Confiscation of fish, game and apparatus 10, 12, 19 Counsel, special, to assist in prosecution 30, 34 Counties, expenses chargeable to 12 Crabs protected 28 Court, discretion of 32 Dealers, must inform 24 Deer 21 , 26 De Neveu, Lake 27 Deputy fish and game wardens 9, 10, 11, 12, 19, 27, 32 Detroit Harbor 13 Devils Lake 29 Discretion of trial court ... 32 Door county 21,28 Eggs, impregnation of 16 , 17 Fines and forfeitures , 30, 31 disposition of 32 Fish, unlawfultaking of 19, 20 unlawful possession of 23 unlawful sale of . . 24 unlawful transportation of 24 for scientific purposes 26 52 Fish and Game Laics of Wisconsin. Page. Fi9hways 6, ?5 Forms 42, 43, 44, 45, 46, 47, 48, 49, 50 Fur bearing animals 23 Game 21, 22, 23 unlawful possession of 23 unlawful sale of 24 unlawful transportation of 24 for scientific purposes 26 parts of 26 Green Bay 15,16,17,18,28,40 Guns, use of certain, prohibited « 22 Hotels, affected . 23 Informers 10, 24 Inland waters 16, 35, 37, 40 Jackson county 29 Kewaunee county 28 Liability, none incurred under certain circumstances 19, 27 Marinette county 28 Mill creek 29 Nets 13,14,15,16,17,18 Night-time defined 39 Nuisances, public 18, 19 Oconto county 28 Outlying waters 12, 13, 14, 15, 16, 17 Package of fish, size of 25 Parks, birds protected in 39 Pecatonica river 29 Pheasants, certain varieties protected^for five years 22 Pigeons, homing, protected 23 Pollution of waters 15 , 17 Private hatchery, use of brand of 25 Private waters 13 Public waters, meandered lakes declared 37 Publication of laws 32 Fish and Game Laws of Wisconsin. 53 Page. Rabbits, hunting with dogs prohibited during certain seasons 21 Reports 32, 33 Rush Lake exempted 28 Sale of fish and game unlawful 24 Search warrant 11 Screens , 19 Sheboygan county '. 28 Signs, warning, near fish ways 6 Small fish, possession of, prohibited 14,24 State fish and game warden 7, 19, 27, 30, 32, 34 Sturgeon Bay.. 13, 15, 16, 17, 18 Superintendent 6 Superior, Lake 12, 13, 14, 15, 16 Trout, lake 16 Trout 13, 19, 20 Waters, state stocked to be open 27 See Outlying, Inland. Wilson Creek 29 FISH AND GAME LAWS WISCONSIN IN EFFECT JUNE 30, 1897. COMPILED UNDER DIRECTION OE JAMES T. ELLARSON, STATE FISH AND GAME WARDEN. mm of REGEIVE& "marb-.-koi DIVISION OF DOCIHIEKTS MADISON Democrat Printing Company, State Printer 1897 FISH AND GAME LAWS WISCONSIN IN EFFECT JUNE 30, JS97. COMPILED UNDER DIRECTION OE JAMES T. ELLARSON, STATE FISH AND GAME WARDEN. MADISON. : Democrat Printing Company, State Printer 1897 ORGANIZATION OF FLSH AND GAME DEPARTMENT. THE COMMISSIONERS OF FISHERIES. The Governor, Ex-officio, Madison. Edwin E. Bryant, President, Madison. Calvert Spensley, Treasurer, Mineral Point. Jas. J. Hogan, La Crosse. William J. Starr, Eau Claire. Currie G. Bell, Bayfield. E. A. Birge, Madison. Henry D. Smith, Appleton. STATE FISH AND GAME WARDEN. James T. Ellarson, Madison. SPECIAL DEPUTY FISH AND GAME WARDENS C. W. Johnston, Oshkosh. F. M. Bissinger, Green Bay. J. W. Stone, Barron. G. L. Miller, Prairie du Chien. W. G. Links, Oconto. Information concerning violations of the law relating to fish, and game may be given either of the special deputy wardens. WAR 9 1901 D.ofD, TABLE OF CONTENTS. PART I. Paragraphs. The commissioners of fisheries, and the state fish hatcheries 1-15 PART II. The state fish and game warden and his deputies 16-26 PART III. License for hunting deer 27-39 PART IV. The taking, possession, use, transportation and sale of fish and game 40-91 PART V. Laws relating to fish in certain localities 92-100 PART VI. General laws which may be applicable in applying the foregoing provisions 101-101 FISH AND GAME LAWS OF WISCONSIN. PART I. 1 The Commissioners of Fisheries, and the State Fish Hatcheries. 1. Board of, how composed. [Sec. 1, ch. 222, laws of 1897.] There is constituted a board of seven commission- ers of fisheries, composed as follows, and to be styled " The Commissioners of Fisheries:" 1. The governor while in office. 2. Six commissioners to be appointed by him, and with the consent of the senate. 3. The professor of zoology of the university of Wiscon- sin, for the time being, shall be ex-officio a member of said commission. 2. Appointments, terms, vacancies. [Sec. 2, ch. 222, 1897.] The terms of appointment of the six commissioners shall be six years, and until their successors are appointed. The appointments shall be made by the governor and re- ported to the senate as soon as practicable, and in case the senate is not in session, the commissioners shall act from J This part is composed of ch. 222, laws of 1897, which was published April 15, 1897, and of ch. 132, laws of 1897, (in paragraphs 12-15), which was published April 1, 1897. Both chapters took effect from and after their publication. 2 Fish and Game Laws. and after the date of appointment, and in the order n which vacancies upon the board of commissioners shall occur. The governor shall appoint one commissioner for one year; one for two years; one for three years; one for four years; one for five years; and one for six years, and after such vacancies shall have been filled by such appoint- ments in such order the appointments of the succeeding members of the commission shall be for the term of six years each. The terms of the present commissioners shall continue the same as if this acfc had not been passed. The governor shall fill all vacancies by appointment, the per- son so appointed to hold for the residue, of the term only. 3. Officers; executive committee; meetings; expenses. [Sec. 3, ch. 222, 1897.] The organization of the board shall be as follows: One of the members shall be chosen as president, one as treasurer and one as secretary. The president, treasurer and secretary shall constitute an ex- ecutive committee of said board, which committee shall have power to act in all matters pertaining to the propa- gation of fish, in the absence of the board, under the re- strictions, rules, and regulations as may be prescribed by the by-laws adopted by such board. The secretary shall act as secretary of the board and keep its records. They may choose, from their number, such officers as their by- laws provide for. They may meet at such times and places as they by their by-laws may prescribe, and appoint such committees and delegate to them such duties, under the power and direction of the commissioners, as they deem ex- pedient. The commissioners shall receive no compensa- tion, but each shall be reimbursed his actual expenses, cer- tified by him with a statement of items to be actually and necessarily incurred in the performance of his official duties, out of such appropriation as may be made by the legislature. 4. Room; stationery, postage and printing. LSec. 4, ch. 222, 1897.] The commissioners shall be furnished a Fish and Game Laws. 3 suitable room in the capitol for an office, and suitable fur- niture therefor. The superintendent of public property shall furnish sufficient stationery for the use of the com- mission; and all postage and printed blanks necessary for the use of the commissioners of fisheries shall be supplied as now furnished to the several departments of the govern- ment in the capitol. 5. Board's duties and powers. [Sec. 5, ch. 222, 1897.] The commissioners of fisheries shall have general charge of the following public matters, and necessary powers therefor : 1. The propagation and breeding of fish of such .species and varieties as they deem of value to the people of the state. 2. The collection and diffusion of such information as they deem useful in regard to the propagation and preser- vation of fish. 3. The government 'and control, supply and repair of the state hatcheries, the grounds used therefor, whether owned or leased, the buildings, ponds, apparatus and all other property belonging to or held by the state for the propagation of fish. 4. The purchase anc establishment of new hatcheries in like manner, when appropriation shall be made by law to maintain the same. 5. The receiving from the commissioner of fisheries of the United States and the commissioners of fisheries of other states, or other persons, of all spawn, fry or fish do- nated to the state ^or purchased, and in the most practical ways, by exchange or otherwise, to procure, receive, dis- tribute and dispose of spawn and fish; and to take such other measures as shall in their judgment best pro- mote the abundant supply of food fishes in the waters of the state. 6. The propagation of Chinese pheasants and such other fowl and other game as they may deem advisable; and 4 Fish arid Game Laws. are authorized to expend out of their annual appropriation a sum not to exceed fifteen hundred dollars during the en- suing two years; and such other matters as are now, or may be committed to them by law with all powers neces- sarily incident to their due execution, 7. They shall report in January in each year, to the leg- islature, their transactions for the two preceding fiscal years ending the preceding thirtieth day of September. 0. Superintendent of fisheries, appointment and duties, [Sec. 6, ch. 222, 1897.] The commissioners of fisheries shall appoint, and may remove at pleasure, a superintend- ent of fisheries at a salary of not exceeding two thousand dollars per annum, and one assistant to be appointed at such salary as the board may fix. The commissioners may permit the superintendent or assistant or any employe to occupy such of the tenement houses at the hatcheries, and such grounds therewith as they deem reasonable. The duties of such superintendent shall be under the direction of the commissioners: 1. To superintend the receiving and hatching of spawn, its proper care and distribution, and the care of the property. 2. To direct the running and use of the fish car, and its care, repair and preservation. 3. To care for the property of the several hatcheries, keep a proper inventory thereof, together with the cost of each article. • 4. To keep a careful account in detail and separately of the expenses of each of the hatcheries, the distribution of the fish, and the collection of wild fish and their distribu- tion, of maintaining and of repairs upon the fish car, and of such improvements and repairs as may from time to time be ordered. For such expenses, when audited and allowed pursuant to the by-laws of the commission, he shail be reimbursed by the treasurer of the commissioners. 5. To perform such other duties as may be prescribed by the commissioners. Fish and Game Laws. 5 7. Taking: fish, manner of; disposal of injured. [Sec. 7, cb. 222, 1897.] The commissioners of fisheries shall have power and are authorized to take fish at all seasons of the year from the inland and outlying waters of the state for stocking other waters or for the purpose of se- curing eggs for artificial propagation; provided, however, that no such fish shall be taken except in the presence of and under the direction of the superintendent of fish- eries, or his agent, authorized in writing by such superin- tendent or authorized agent himself; and in such instance, such superintendent or agent shall be provided with tanks or other appliances suitable for keeping the fish alive. Such fish as are caught as provided in this section which may die while held in confinement, or be injured to such an extent as will in the opinion of the superintendent or his agent result in death if the fish is returned to the water, shall be shipped to some charitable institution, and a careful record of the same, as provided herein, shall be kept by the superintendent of fisheries, and such record shall be published in the biennial report of the commis- sioners of fisheries. 8. Delivery of fish to superintendent, entry of boats, etc.— Penalty. [Sec. 8, ch. 222, 1897.] 1. It shall be the duty of any person, persons, or corporation, fishing in the inland or outlying waters of this state to deliver, on de- mand, to the superintendent of fisheries or any person de- putized in writing by him, all kinds of fish during the spawning season for the purpose of being stripped of their eggs and milt. And the person receiving them or placed in charge of them shall, immediately after having stripped the fish, leturn them to the person from whom received, 2. Any such person, persons or corporation shall also permit such superintendent or his agent authorized by this section to enter their boats, docks, grounds or other places where such fish may be, for the purpose of stripping the same while alive, and shall render such assistance as may G Fish and Game Laws. be necessary to expedite the work of the mixture of the eggs and milt for proper impregnation. 3. Any person, persons or corporation who shall recuse to comply with all the provisions of this section shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than fifty dollars for each offense or re- fusal. 9. Penalty for taking fish other than as ordered. LSec. 9, ch. 222, 1897.] It shall be unlawful for any employe of the fish commission, while engaged in catching wild fish from the public waters for the purpose of artificial propagation, to have in his possession any other kinds of fish than those he has been directed to take by the superintendent of fisheries, or his agent, duly authorized in writing. For violation of any of the provisions of this section the of- fender shall be punished by a fine of not less that twenty- five dollars nor more than fifty dollars, and removal from office or any position he may hold under or by the author- ity of the commissioners. 10. Removal of fish or eggs from state. [Sec. 10, ch. 222, 1897.] It shall be unlawful for any person or persons to come into this state for the purpose of getting fish eggs or fish of any variety from the inland and outlying waters to be transported alive beyond the borders of the state, without first getting a permit from the president of the commissioners of fisheries to do so. For violations of any of the provisions of this section, the offender shall be fined not less than fifty dollars. 11. Fish not to he supplied for private use. [Sec. H» ch. 222, 1897.] The state fish commission, or its agents or its employes are prohibited from furnishing fish or fry from the state hatcheries to private ponds, private clubs, corporations or preserves, or waters where the public are not allowed the same rights and privileges enjoyed by any other person or persons. 12. Entering hatchery for unlawful purpose. [Sec. 1 ch. 132, 1897.] Any person who shall enter upon the Fish and Game Laivs. 7 grounds of any state fish hatchery for the purpose of unlaw- fully killing [or] taking any fish therefrom, shall be deemed guilty of a misdemeanor, and on conviction, punished by a fine of not less than ten nor more than twenty-five dollars, or by imprisonment not less than ten nor more than thirty days, in the discretion of the court. 13. Killing or taking- fish in hatchery. [Sec. 2, ch. 132, 1897.] Any person who shall unlawfully, and without proper authority, kill, take or catch any fish from any waters or grounds belonging to or connected with any state fish hatchery shall be deemed guilty of larceny, and on conviction, punished as provided in section four thousand four hundred and fifteen (4415) of the revised statutes as amended. 14. Injury to property of hatchery. [Sec. 3, ch. 132, 1897.] Any person who shall injure any fish, or in any manner interfere harmfully with the ponds, streams, troughs or other property of a state fish hatchery, without lawful authority so to do, shall be deemed guilty of a misdemeanor, and on conviction be punished by fine of not less than five dollars nor more than one hundred dollars; but this section shall in no wise change or affect any liability for arson or other burnings, nor burglary or other breakings, nor larceny of any property. 15. Arrest, who may make. [Sec. 4, ch. 132, 1897.] The superintendent, or other person in charge of any fish hatchery is hereby empowered and required summarily and without process to arrest any person found upon the grounds of any state fish hatchery, engaged in the viola- tion of this act, and to deliver such person forthwith to some proper officer for prosecution. Fish and Game Laivs. PART II. 1 The State Fish and Game Warden and His Deputies. 16. Appointment, duties and term of warden. [Sec. 1, ch. 226, 1897.] It shall be the duty of the governor, as soon as practicable after the passage of this act, to appoint an officer to be known as state fish and game warden, whose duty it shall be to secure the enforcement of all the statutes of the state for the preservation of fish and game, to bring or cause to be brought actions and proceedings in the name of the state of Wisconsin, to recover any and all fines and penalties provided for in said laws, and to punish all violations of said statutes. Such fish and game warden shall hold his office for the term of two years from the date of his appointment, and until his successor has been appointed and is duly qualified; and any vacancy oc- curring during said term may be filled by the governor for the residue of said term. 17. Special deputy wardens, appointment and removal of. [Sec. 2, ch. 226, 1897.] The said state fish and game warden is empowered to appoint, by and with the approval of the governor, five special deputy wardens, who shall have iike authority with the state fish and game warden in the enforcement of the laws of the state relative to fish and game. Such special fish and game wardens may be removed at any time and their places filled in like manner as at the original appointment. 18. Appointment and removal of comity deputies. [Sec. 3, ch. 226, 1897.] The state fish and game warden is au- 1 This part comprises ch. 226, laws of 1897, which was published April. 14, 1897, and took effect from and after its passage and publication. Fish and Game Laws. 9 thorized to appoint, upon the recommendation of the county judge, district attorney and county clerk of each county, acting jointly, two deputy fish and game wardens for each county; and the said county judge, district attorney and county clerk shall, on or before the first day of June in each year, advise the state fish and game warden of their selection, and such persons, if satisfactory to the state fish and game warden, shall be by him commissioned deputy fish and game wardens. These deputy fish and game war- dens are subject to removal by the state fish and game warden at any time, and upon their removal the said state fish and game warden shall immediately advise the county judge, district attorney and county clerk of such removal, and the said officers so named shall meet and recommend some suitable person to fill the vacancy in like manner as the original recommendation is made. Two of the officers herein named shall be authorized to make the recommen- dation in case it is not possible for them to agree, or for any reason the attendance of one of the officers cannot be obtained at the time of the making of the selection. 19. Attorney general's duty. [Sec. 4, ch. 226, 1897.] It is hereby made the duty of the attorney general and his assistants to advise the state fish and game warden relative to matters concerning the discharge of his duties, and to as- sist him in the enforcement of the fish and game laws, to as- sist in the prosecution of cases arising under such laws or in which the state fish and game warden or deputy fish and game wardens shall be interested as such officers, and to conduct prosecution when for any reason the state fish and game warden shall deem such prosecution necessary; to as- sist the state fish and game warden in the investigation of matters relative to the laws protecting fish and game and the violations of such laws, and to assist the state fish and game warden in such manner and at such times as shall be necessary. 20. Warden and deputies may serve process, make ar- rests^ etc. [Sec. 5, ch. 226, 1897.] Such state fish and 10 Fish and Game Laics. game warden and his deputies shall have full power and authority to execute and serve all warrants and processes of law issued by any justice of the peace or police magis- trates, or by any court having jurisdiction under any law relating to fish and game in the same manner as any con- stable may serve and execute and serve such process, and may arrest on sight and without warrant any person by them detected in actually violating any of the provisions of the laws of this state relating to fish and game, and may take such person, so offending, before any court hav- ing jurisdiction of the offense, and make proper complaint before such court, which shall proceed with the case in the manner and form provided by law. It shall further be the duty of such fish and game warden or his deputy, upon receiving information that any law relative to fish and game has been violated, to immediately cause a thorough investigation of such complaint to be made and to cause proceedings to be instituted if the proof at hand warrants. Such state fish and game warden and his deputies shall have the power to seize and forthwith destroy any and all ap- paratus designated by any law of the state relative to fish and game to be a public nuisance. It shall be the duty of the said state fish and game warden and his deputies to seize and confiscate in the name of the state any fish or game caught, killed or taken in violation of any of the laws of the state, or had in possession contrary thereto, and to sell the said fish and game so seized and confiscated, and after selling the same at public auction to pay the proceeds to the state treasurer, less the expenses of such seizure and sale. It shall be the duty of the state fish and game warden or his deputy to seize and hold, subject to the order of the court, all apparatus which he shall have reason to believe is being used in the violation of the fish and game laws of the state, and which is not designated by any law as a public nuisance, and if it be proven that such apparatus ■or appliance or device is or has been within six months Fish and Game Laivs. 11 previous to such seizure, used in violation of the law, the court before which the said apparatus, appliance or device is taken may order the destruction of the same, or the sale of the same to the highest bidder, after having declared it confiscated to the state. If sold to the highest bidder, the state fish and game warden or the deputy warden selling it shall remit to the state treasurer the amount received therefor, less the expense of seizure and sale. 21. Police officers are ex-officio deputy wardens; their du- ties. LSec. 6, ch. 226, 1897.] All sheriffs, deputy sheriffs, coroners and police officers of the state are hereby declared to be ex-officio deputy fish and game wardens, and it shall be the duty of each and every one of them to assist the state fish and game warden or his deputies in the enforce- ment of the state fish and game laws, the same as it is their duty to assist in the enforcement of other laws of the state, upon complaint being to them made that a violation -of law has been brought to the attention of the state fish and game warden or his deputy. 22. Duty of district attorneys. [Sec. 7, ch. 226, 1897.] It shall be the duty of the district attorney of each county to prosecute actions for violations of the laws relative to fish and game, when complaint is made by the state fish and game warden, or any deputy provided for in this act, if his presence at the trial of such offender against such laws shall be deemed necessary by. the magistrate before whom the same shall be brought. 23. Warden's and deputj warden's compensation. [Sec. 8, ch. 226, 1897.] Such state fish and game warden shall receive a salary of eighteen hundred dollars per year, pay- able monthly, and his actual expe^es and disbursements while traveling in the line of his duties, such expenses and disbursements to be audited and paid upon vouchers there- for filed with the secretary of state and approved by the -governor. He shall also be allowed the necessary print- ing, stationery and postage, and shall be furnished 12 Fish and Game Latvs. a suitable room in the capitol for an office. The special wardens provided for in this act shall receive a per diem to be fixed by the state fish and game warden bj T and with the approval of the governor, which per diem shall only include pay for such days as such deputy shall be under the direct order of the state fish and game warden, to per- form services in the enforcement of .the fish and game laws, and. upon certificate of the state fish and game warden that such services have been actually rendered at his instance and. under his direction. In addition to the per diem pro- vided for such special deputy wardens they shall receive the actual and necessary expenses incurred while working under the direction of the state fish and game warden, which expenses shall be paid upon vouchers therefor filed with the secretary of state and approved by the governor and countersigned by the state fish and game warden. The deputy fish and game wardens appointed in any county shall be paid out of the funds of the county for which they shall be appointed out of any fund set apart for the pur- pose of enforcing the fish and game laws by virtue of this or any other law of this state; the compensation of such county deputy wardens to be fixed by the chairman of the county board and county clerk of such county. 24. Fines, how disposed of. [Sec. 9, ch. 226, 1897.] The fines imposed under the laws regulating the taking, possession or killing or transportation of fish and game shall be paid by the magistrate, before whom the matter shall have been tried and the fine imposed, to the county treasurer, and one-half of such fines shall be by him desig- nated and set apart as a fund for the protection of fish and game, to reimburse the county for the moneys which it shall expend for the salaries of the county deputy fish and game wardens and for the enforcement of the fish and game laws. 25. Repealing clause. TSec. 10, ch. 226, 1897.] All acts or parts of acts inconsistent with this act are hereby re- Fish and Game Laivs. 13 pealed, but this act shall not be construed to vacate the of- fice of state fish and game warden, but the present incum- bent of that office shall hold until his successor is appointed and qualified. 26. Appropriation. [Sec. 11, ch. 226, 1897.] There is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, a sum of money sufficient to carry out the purposes of this act. 14 Fish and Game Laws. PART III.' License for Hunting Deer. 27. Penalty for hunting deer without license. [Sec. 1, ch. 221. 1897.] It shall be unlawful for any person to pursue, hunt or kill deer in the state of Wisconsin at any- time without being at the time of such pursuing, hunting or killing of deer, in possession of a license duly issued to him in accordance with the provisions of said [this] act. Any person who shall pursue, hunt or kill deer without be- ing at the time of such pursuing, hunting or killing, in possession of a license duly issued to him in accordance with the provisions of this act, which license shall cover the period in which he shall be so pursuing, hunting or killing deer, shall, upon conviction, be punished by a fine of not less than fifty dollars nor more than two hundred dollars, or by imprisonment in the county jail not less than two months nor more than nine months, or [by] both such fine and imprisonment in the discretion of the court. Form of Complaint. State of Wisconsin, ) County of . 5 ss> , being duly sworn, says that on the — day of , in the- year 189-, at said county, (name of the accused) did pursue, (hunt or kill) or pursue, hunt and kill deer, without at such time being in possession of a license authorizing him, then and there, to pursue, (hunt or kill) deer, contrary to the provisions of section 1, of chapter 221, of the laws of said state for 1897, and against the peace and dignity of the state- of Wisconsin. Subscribed and sworn to before me this day of , A. D. 189-. Justice of the Peace. 1 This part is composed of ch. 221, laws of 1897, which was published April 14, 1897, and took effect from and after its passage and publication. Fish and Game Laws. 15- 28. Licenses, how issued; record of. [Sec. 2, ch. 221, 1897.] It shall be the duty of the secretary of state to issue the licenses hereinafter provided for in this act, in the manner and under the conditions prescribed therefor. All licenses shall be countersigned by the state fish and game warden when issued to other persons than those designated as residents of Wisconsin as hereinafter pro- vided for. All fees for non-residents of the state of Wis- consin, collected as and for license for the hunting of deer as provided for in this act, shall be paid to the secretary of state previous to the issuing of the license, and shall be by the said secretary of state paid into the state treasury. The secretary of state shall procure the printing of said licenses in the same manner and subject to the same con- ditions that other printing for the state of Wisconsin is ob- tained. A record of the licenses issued, together with the number thereof and the name of the person to whom the same are issued, shall be kept in the office of the state fish and game warden, when such licenses shall have been is- sued by said secretary of state to non-residents of the state of Wisconsin. All licenses for persons who are residents of the state of Wisconsin shall be numbered consecutively . by the secretary of state at the time the same shall be is- sued, and shall be by said secretary of state furnished to the county clerks of the several counties of the state here- inafter designated as counties frequented by deer. The county clerks shall issue the same upon the terms and con- ditions herein provided. 29. Terms of license — Transportation of deer. [Sec. 3, ch. 221, 1897.] Each said license for the pursuing, hunt- ing or killing of deer shall state for what period the same- shall be granted and shall be valid for no other period, and shall not be valid for any time or season except the time or season which the laws of this state shall designate as the open season for the killing of deer, or time when the pursuing, hunting or killing of the same shall not be pro- 16 Fish and Game Laws. hibited. Each such license when issued shall state the number thereof, the name of the person to whom granted, the place of residence of such person. In addition thereto said license shall contain such other information or feat- ures as may be deemed advisable by said secretary of state and state fish and game warden to identify the licensee or more perfectly guard against violations of law. The licenses issued by the secretary of state to persons not residents of the state of Wisconsin shall distinctly state that the said licensee is a non-resident of the state of Wisconsin. Those li- censes prepared by the secretary of state for issuance to resi- dents of the state of Wisconsin by county clerks, shall dis- tinctly state that the licensee to whom the same is issued is a resident of the state of Wisconsin. All coupons or stubs herein provided for shall contain this information conspicuously. Each license issued by the county clerks to residents shall be provided with two stubs each, indi- cating the number of the license, to whom granted, the residence of the licensee, and such other information as may be called for by the said stubs when prepared by said secretary of state and state fish and game warden. One of such stubs shall be detached by said county clerk so issuing the license in accordance with the provisions of this act, and shall be sent to the state fish and game war- den by said clerk; the second stub shall be retained in the office of said county clerk and become a part of the records of said office. Each said license so issued by said county clerk shall be provided with two coupons attached thereto, which coupons shall contain the number of the license to which it is attached, shall state that the holder of such li- cense is a resident of the state of Wisconsin, and shall give the name of the licensee and place of residence, and such other information as may be required by the secretary of state or state fish and game warden. Each license issued to a person not a resident of the state of Wisconsin shall be provided with two coupons, Fish and Game Laws. 17 containing the essential information of the license and such other information as the secretary of state or state fish and game warden shall require, and particularly stating that the licensee is a non-resident of the state of Wisconsin. No transportation company, its agent, servant or employe, shall receive for transportation any carcass of a deer, or part of a carcass of a deer, unless the same shall have one coupon from a license issued under the provisions of this act attached to each such carcass of a deer or part of a carcass of a deer. And each and every transportation com- pany, its agents, servants or employes, is hereby prohib- ited from receiving for transportation or transporting any carcass of a deer or part of a carcass of a deer except un- der the conditions herein provided, to wit: A coupon from either a resident or non-resident license will entitle a trans- portation company, its agents, servants or employes, to re- ceive for transportation and transport a carcass of a deer or part of a carcass of a deer to which one such coupon shall be attached; no coupon so attached shall authorize the transportation company, its agents, servants or em- ployes to receive for transportation or transport any car- cass of deer or part of a carcass of deer a.t a time when the laws of the state shall declare it to be unlawful to pur- sue, hunt or kill deer. Any transportation company, its agent, servant or employe, who shall violate any of the conditions and provisions of this act, or who shall trans- port or receive for transportation any carcass of a deer or part of a carcass of a deer except as herein authorized, shall, upon conviction thereof, forfeit to the state of Wis- consin a sum of money not less than one hundred dollars nor more than five hundred dollars. Forms. The forms given under paragraph 78 may be adapted to use under this section, care being taken to substitute the language here used in place of that employed in that paragraph, and to change the references. 30. License fee for non-resident; application. [Sec. 4, ch. 221, 1897.] Each and every person not a resident of 2-F. & G. 18 Fish and Game Laws. tlie state of Wisconsin, and who has not resided in the said state of Wisconsin for a period of one year previous to the opening of the season for the hunting of deer in any year, shall be entitled to a license for the pursuing, hunting or killing of deer in the state during the season which the law says shalLpermit the hunting, pursuit or killing of deer, upon the payment by such a person not a resident of Wiscon- sin, as aforesaid, to the secretary of state of the state of Wis- consin, the TJ.m of thirty dollars. The application for license so made to the secretary of state shall state the residence of the licensee, the person to whom the same shall be issued. Such application shall be verified by the appli- cant. 31. License for resident. [Sec. 5, ch. 221„1897.] Every resident, who has resided in the state of Wisconsin for one year, who proposes to hunt or kill deer in this state, shall take out a license from the county clerk of one of the counties hereinafter designated as counties frequented by deer, which shall be issued by said clerk, under seal, upon blanks furnished by the secretary of state, as pro- vided by this act, which shall certify that the person to whom such license is issued is a bona fide resident of the state of Wisconsin, and give a description of such person, and the payment by him to such county clerk of the license fee of one dollar. 32. License not transferable ; penalty for hunting without. [Sec. 6, ch. 221, 1897.] The licenses issued under this act shall not be transferable from the person to whom they are issued to any other person, and shall per- mit only the licensee therein named to hunt, pursue or kill deer. Any person who shall pursue, hunt or kill deer while having in his possession a license not duly issued to him under the provisions of this act, or any person who shall furnish to another, during the open season for the killing of deer, or permit another to have during such season a license duly issued to him, shall be punished by a. Fish and Game Laws. 19 fine of not less than fifty dollars, nor more than two hundred dollars, or by imprisonment in the county jail not less than sixty days nor more than six months. Form of Complaint. State of Wisconsin, County of . : — ■ , being duly sworn, says that on the day of in the year 189 — , at said county, (name of the accused) was duly licensed to pursue, hunt or kill deer in the state of Wisconsin during the open season therefor in the year 189 — , by the secretary of state- of said state, (or by the county clerk of county in the state of Wis- consin); that said , during the open season for the killing of deer in the year 189—, which season was covered by the license aforesaid, to-wit: on the day of , in the year 189 — , at the county of ■ , in the state of Wisconsin, did unlawfully furnish to and permit another, to-wit: (name of person to whom furnished), to have said license, contrary to the provisions of section 6, of chapter 221, of the laws of Wisconsin for 1897, and against the peace and dignity of the state of Wisconsin. Subscribed and sworn to before me this day of , A. D. 189—. Justice of the Peace. 33. Use of money received from residents. [Sec. 7, ch. 221, 1897.] The sum of one dollar for each license issued, received by the county clerk of the counties of the state which are designated by this act as counties frequented by deer, shall be paid to the county treasurer of such county to be set aside for the purpose of paying the salary of special county game wardens in such county for the protec- tion of game as provided by this act. 34. Examination of records oi licenses. [Sec. 8, ch. 221, 1897. J The state fish and game warden or his deputy may examine the records of licenses issued at any time and compare the same with the stubs returned to the office of the state fish and game warden. 35. Counties frequented by deer. [Sec. 9, ch. 221, 1897.] The counties of the state which are designated as counties 20 Fish ( nid Game Laws. frequented by deer are as follows: Adams, Ashland, Bar- ron, Bayfield, Buffalo, Burnett, Brown, Chippewa, Clark, Douglas, Dunn, Eau Claire, Florence, Forest, Iron, Jack- son, Juneau, Langlade, Kewaunee, Lincoln, Marathon, Marinette, Marquette, Oconto, Oneida, Pepin, Pierce, Polk. Portage, Price, Sauk, Sawyer, Shawano, Taylor, Trem- pealeau, Vilas, Washburn, Wood and Door. 36. Application by resident, county clerk's duty. [Sec. 10, ch. 221, 1897. j Every resident of this state, desiring to procure the license provided for in this act, shall present or mail to the county clerk of one of the counties herein- before designated as counties frequented by deer, a written application setting forth the fact that he is a resident of this state, and containing a personal description of himself and also his place of residence and postoffice address, which said application shall be subscribed and sworn to before some person authorized under the laws of this state to ad- minister oaths. It shall be the duty of the county clerks mentioned in this section to file all such applications with the records in their respective offices, and shall thereupon issue to all such applicants as have complied with the pro- visions of section 5 of this act [paragraph 31] a license for the pursuing, hunting and capturing of deer under the laws of this state, and shall deliver such license to such appli- cant or mail the same to his address, unless otherwise di- rected by said applicant. Each such county clerk is here- by authorized to administer the oath to the said applicants for the purposes designated, and said oath sbairhave the same force and effect as though administered by any of the magistrates of the state authorized to administer oaths. 37. Spoiled license Wank. [Sec. 11, ch. 221, 1897.] Should any person authorized to issue a license as provided for by this act spoil the blank in any way he may^be per- mitted to fill out a new blank of another number, but the spoiled license entire, with stub and coupon attached, must be returned to the state fish and game warden by the county Fish and Game Laics. Zl clerk, who shall indicate upon the stub, which shall remain with him, that the license attached thereto was spoiled and is not in force. 38. Changing- license, penalty. [Sec. l'_\ ch. 221, 1897.] Any person who shall in any manner alter or change a li- cense which shall have been issued under the provisions of this act. shall be punished by a fine of not less than two hundred dollars, and not more than five hundred dollars, or by imprisonment in the county jail not less than six months nor more than one year. Form of Complaint. State of Wisconsin, ) County of . ) , being duly sworn, says that on the day of , in the year 189 — , at said county, (name of the accused) did un- lawfully alter and change a license for the pursuit, hunting or killing of deer in said state during the open season therefor in the year 189 — , which license was issued by the secretary of state of the state of Wisconsin, (or the county clerk of county in the state of Wisconsin), pursuant to the provisions of chapter 221 of the laws of said state for the year 1897, (describe the alteration made in the license) contrary to the provisions of section 12 of said chapter of said laws, and against the peace and dignity of the state of Wisconsin. Subscribed and sworn to before me this day of , A. D. 189—. Justice of the Peace. 39. False statement as to residence. [Sec. 13, ch. 221, 1897.] Any person who shall make a false statement rela- tive to his residence to the county clerk who shall issue to him a license, and shall thereby obtain a license such as is given to the residents of this state under the provisions of this act, when he shall in fact not be a resident of the state of Wisconsin and shall not have resided in this state for a period of one year previous to the opening of the deer sea- son in any year, shall, upon conviction, be punished by imprisonment in the county jail not less than four months, 22 Fish and Game La/rs. or imprisonment in the state prison not more than one year, or by a fine of not less than five hundred dollars or more than one thousand dollars, or by both such fine and imprisonment in the discretion of the court. Form of Complaint. State of Wisconsin, ) County of . ) ss ' , being duly sworn, says that on the day of , in the year 189 — , at said county, (name of the accused) did make a false statement to , county clerk of the county of , in said state, relative to his residence in the state of Wisconsin, such statement being (give the language of the statement as near as prac- ticable), and being false in this, to-wit: that the said , at the time said statement was made as aforesaid, had not resided in the state of Wisconsin for a period of one year immediately previous to the opening of the deer season in the year 189—, and was not at the time of the making of said statement a resident of the state of Wisconsin within the meaning of chapter 221 of the laws of that state for the year 1897; that by reason of such false statement the said county clerk issued to the said a license under the provisions of said chapter of said laws for the pursuit, hunting or killing of deer in the state of Wisconsin during the open season therefor in the year 189 — , contrary to the provisions of chapter 221, of the laws of said state for 1897, and against the peace and dignity of the state of Wisconsin. Subscribed and sworn to before me this day of , A. D. 189 -. Justice of the Peace. Fish and Game Laws. 23 PART IV. 1 The Taking, Possession, Use, Transportation and Sale of Fish and Game. 40. State's title to fish and game. [Sec. 1, ch. 188, 1897.] The ownership of and title to all fish and game in the state of Wisconsin is hereby declared to be in the state, and no fish or game shall be caught, taken or killed in any manner, or at any time, except the person so catching, taking or killing shall consent that the title to said fish and game shall be and remain in the state of Wisconsin, for the purpose of regulating and controlling the use and disposi- tion of the same after such catching, taking or killing. The catching, taking or killing of fish or game at any time, or in any manner, or by any person, shall be deemed a consent of said person that the title of the state shall be and remain in the state for said purpose of regulating the use and disposition of the same. Validity. The supreme court held in Bittenhaus v. Johnston, 92 Wis., 588, that ch. 221 laws of 1895, (which contained many provisions relating to fish similar to those in this part) was not open to the objection that it was class legislation, because it made different regulations for different waters, or contained provisions applying to certain localities or waters only, or wholly exempted certain waters from all such regulations. • " The wild game within a state belongs to the people in their collective sovereign capacity. It is not the subject of private ownership except in so far as the people may elect to make it so: and they may, if they see fit, 1 This part is composed of ch. 188, laws of 1897, published April 10, 1897, as amended by ch. 313, laws 1897, (amendments are in paragraphs 44 and 54), published April 30, 1897, and both in effect from and after their pas- sage and publication, and chapter 274, laws of 1897, (in paragraph 66) pub- lished April 23, 1897, and in effect from and after its passage and publica- tion. 24 Fish and Game Laws. absolutely prohibit the taking of it, or traffic and commerce in it, if it is deemed necessary for the protection or preservation of the public good." Ex parte Maier, 103 Cal., 476, quoted with approval in Geer v. Connecti- cut, 161 U. S., 519, 529. Applicable to Indians. An Indian who retains his tribal relations and resides with his tribe on its reservation is not exempt from the operation of a state law regulating the taking of game by a clause in a treaty between his tribe and the federal government giving the members of the tribe the right to hunt upon the unoccupied lands of the United States so long as game may be found thereon, the state being admitted into the union after the treaty was made. Ward v. Eace Horse, 163 U. S. 501. 41. Inland and outlying- waters designated. [Sec. 2, ch. 188, 1897. J All rivers, including the Mississippi river to the center of its channel, streams, lakes, and other waters within the jurisdiction of the state of Wisconsin, are hereby designated as inland waters, except Lakes Michigan and Superior, and the harbors and bays immedi- ately connected therewith, Green Bay from the mouth of the Pox river, commencing at the most easterly point in section 24, township 24, N., of R. No. 20, E., of the fourth principal meridian, being the angle between the third and fourth runs or courses of the survey of the meander line of said section 24, as shown by the original plat of the sur- vey of said township of record in the state land office of the state of Wisconsin, running* thence south forty-five de- grees east, until the line reaches the main land in town- ship 24, N., of R. No. 21, E., Lakes St. Croix and Pepin. The waters herein excepted from the inland waters of the state are hereby declared to be outlying waters. 42. Close season in inland waters for bass; exceptions. [Sec. 3, Rh. 188, 1897.] It shall be unlawful and it is pro- hibited to kill, capture or take by any device whatever or in any manner, in any of the inland waters of this state, any black bass, Oswego bass or yellow bass, between the first day of March, and the twenty-fifth day of May next succeeding, excepting that in Big Green Lake in Green Lake county, and in Devil's Lake in Sauk county, the close Fish and Game Laws. 25 season for such bass above named shall be from, the first day of March to the first day of July next succeeding. The provisions of this section shall not apply to Rush Lake in Fond du Lac and Winnebago counties. Any person vio- lating any of the provisions of this section shall, upon con- viction thereof, be punished by a fine of not less than ten dollars nor more than twenty- five dollars, or by imprison- ment in tne county jail for not more than ten days. The exception as to Rush Lake does not invalidate the statute. Bitten- haus v. Johnston, 92 Wis. 588. Form of Complaint. State of Wisconsin, County of . ■ , being duly sworn, says that on the day of , in the year 189—, at said county, (name of the accused), did kill (capture or take), or did kill, capture and take, in the stream, being a part of the inland waters of said state as defined by chapter 188 of the laws of Wisconsin for 1897, a black (or Oswego or yellow) bass, during the close season therefor, contrary to the provisions of section 3 of said chapter, and against the peace and dignity of the State of Wisconsin. Subscribed and sworn to before me this day of , A. D. 189—. , Justice of the Peace. 43. Close season for trout in inland waters. [Sec. 4, ch. 188, 1897.] It shall be unlawful and is prohibited to fish for, catGh or kill in any of the inland waters of the state, with any device or in any manner, any speckled or brook trout, California or rainbow trout, mountain or brown trout, or any other variety of trout, between the first day of September and the succeeding fifteenth day of April. Any person who shall violate any of the provisions of this section shall be punished by a fine of not less than ten dollars, nor more than fifty dollars, or by imprisonment in the county 26 Fish and Game Laws. jail not exceeding thirty days, or by both such fine and im- prisonment in the discretion of the court. Form of complaint. Vary the form given under the preceding para- graph. 44. Use of lifts in inland waters. [Sec. 5. ch. 188, 1897, as amended by sec. 1, ch. 313, 1897.] It shall be un- lawful and is prohibited to set, place, or use in any of the inland waters of the state, any net of any variety, or any trap or any snare of any kind, which shall be intended to or might catch, take or kill fish. A dip net, however, may be used to take whitefish between the first day of November and the succeeding eighth day of November in said inland waters. Dip nets may also be used in taking shiners, chubs, dace, suckers, sheepshead, dogfish, garfish, red- horse, sturgeon, catfish, and bullheads in any stream not frequented by or containing trout of any variety; but spears may be used during the day time for the purpose of spearing suckers, sheephead, dogfish, garfish, redhorse, sturgeon, catfish, and bullheads. Any person who shall violate any of the provisions of this section shall be pun- ished by a fine of not less than twenty-five dollars, nor more than one hundred dollars, and be imprisoned until such fine shall be paid, not exceeding ninety days Form of Complaint. State of Wisconsin, County of , being duly sworn, says that on the day of , 189—, at said county, (name of the accused) did unlawfully set, place and use in the stream (river, lake or pond) known by the name of , the same being one of the inland waters of said state as defined by chap- ter 188 of the laws of Wisconsin for 1897, a net, the same not being a dip net (if a trap or snare net was used make the allegation according to the fact) which was intended to and might catch, take and kill fish; that said net (trap or snare, as the case may be) was set, placed and used contrary to the provisions of section 5, of chapter 188, of the laws of Wisconsin for 1897, Fish and Game haws. 27 as said section is amended by section 1 of chapter 313, of said laws, and against the peace and dignity of the state of Wisconsin. Subscribed and sworn to before me this day of , A. D. 189 -. Justice of the Peace. [If the offense consists in setting a dip net, the complaint must negative the fact that it was set to catch whitefish between the first day of No- vember and the succeeding eighth day of November; and also that it was used in taking shiners, chubs, dace, suckers, sheepshead, dogfish, garfish, red norse, sturgeon, catfish and bullheads in any stream not frequented by ■or containing trout of any variety.] * 45. Fish in inland waters, how caught. [Sec. 6, ch. 188, 1897.] Except as otherwise provided for by law, no per- son shall take, catch or kill any fish in any of the inland waters of this state by any other method or means than that of angling or trolling. Any person who shall violate any of the provisions of this section shall be punished by a fine of not less than ten dollars, nor more than fifty dollars, or by imprisonment in the county jail 4iot less than thirty days nor more than sixty days. Validity. The legislature has power to prohibit the taking of fish in any other manner than by angling for them with a hook and line. State v. Mrozinska, 59 Minn. 465, 61 N. W. Eep., 560. 46. Use of explosives. [Sec. 7, ch. 188, 1897.] It shall be unlawful and is prohibited to take, catch or kill any fish of any variety, in any of the waters of the state by means of dynamite or other explosives, or to place in any of the waters of the state any dynamite or other explosives, which, if exploded would or might cause destruction to fish in such waters, except when such dynamite or other ex- plosive is used by any public authority, or when same is used for the purpose of clearing a channel in any stream or waters for log driving or the actual construction of im- . Medicated bait; fishing near fishway. [Sec. 10, ch. 188, 1897.] It shall be unlawful and is hereby prohibited to use, set, lay, or prepare in any of the waters of the state any trap, lime, poison, medicated bait, fish berries, or any substance deleterious to fish life, or which might at- tract the fish in unusual quantities. It shall be unlawful and is hereby prohibited for any person to fish for, catch, kill, or take by any device or in any manner, in any of the streams of the state any fish within one hundred feet of any fishway, or have in possession, or under control any fish so taken, killed or caught. Any person who violates any of the provisions of this section shall be punished by a fine of not less than ten dollars, nor more than fifty dol- lars, or by imprisonment in the county jail not less than thirty days, nor more than nicety days, or by both such fine and imprisonment in the discretion of the court. 50. Use of nets in Lakes Michigan and Superior. [Sec. 11, ch. 188, 1897.] It shall be unlawful and is prohibited for any person to set or cause to be set, in the waters of Lake Michigan, within one-quarter of a mile of the main shore thereof, commencing at the state line south and run- ning north to the north line of Racine county, or set or cause to be set, in the waters of Lake Superior within one mile of the main shore thereof, within the jurisdiction of the state of Wisconsin, and in the entire Chequamegon Bay and waters south of an east and west line drawn from the extreme northwest end of Long Island or Chequamegon Point to the mainland in Bayfield county, any seine, gill pound or fyke net. Any person who shall violate the pro- visions of this section or any of them, shall be punished by a fine of not less than twenty-five dollars, and not more Fish and Game Laws. 31 than one hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than three months. Form of Complaint. State os Wisconsin, — Countv, s.s. , being duly sworn, says that on the day of , in the year 189—, at said county, (name of the accused) did unlawfully set (or cause to be set, if such is the fact, by ) in the waters of Lake Michigan, within one-quarter of a mile of the main shore thereof, commencing at the state line south and running north to the north line of Racine county, and within the jurisdiction of said state, a seine (or gill, pound or fyke) net, contrary to the provisions of section 11, chapter 188, of the laws of Wisconsin for 1897, and against the peace and dignity of the state of Wisconsin. Subscribed and sworn to before me this day of , A. D. 189—. i Justice of the Peace. [If the offense was committed in any of the other waters mentioned in the section vary the statement of it, using the words of the statute so far as practicable.] 1. Use of nets in Green Bay. [Sec. 12, ch. 188, 1897.] It shall be unlawful and is prohibited for any person to set or use, or cause to be set or used in the waters of Green Bay any gill, pound, fyke, seine, dip, crab or any other net from the first day of April to the succeeding first day of May in each year, except that a dip net or minnow seine may be used for the purpose of catching minnows for bait only. The provisions of this section shall not apply to the taking of white-fish, lake trout or herring. Any person who shall violate any of the provisions of this section shall, upon conviction thereof, be punished by a fine of no^. less than twenty-five dollars, nor more than one hundred dollars, and be imprisoned until such fine shall be paid, not exceeding ninety days. 32 Fish and Game Laws. 52. Use of nets in Sturgeon Buy; extent of Maters of. [Sec. 13, ch. 188, 1897.] No net of any kind, or other de- vice for trapping fish, shall be used or set in the waters of Sturgeon Bay at any time, except that a dip net or min- dow seine may be used for the purpose of catching minnows for bait only. Any person violating any of the provisions of this section shall be punished by a fine of not less than twenty five dollars, nor more than one hundred dollars, and shall be imprisoned until such fine shall be paid, not ex- ceeding ninety days. The waters of Sturgeon Bay shall be considered that portion lying south of a line from the Sherwood Point light-house, said line running easterly to the shore, terminating at a point where the south line of lot No. 1, in section 19, township 28, range 26 E , inter- sects the meander line of Sturgeon Bay in Door county, and including also the waters of Sawyer's Harbor. 53. Same as to Detroit Harbor; extent of its waters. LSec. 14, ch 183, 1897.] No net of any kind, or device for trapping fish shall be set or used in the waters of Detroit Harbor, except that a hand dip net or minnow seine may be used for the purpose of catching minnows for bait only. Any person violating any of the provisions of this section shall be fined not less than twenty-five dollars, nor more than one hundred dollars, and shall be imprisoned until such fine shall be paid not exceeding ninety days. The waters of Detroit Harbor shall be construed to include that portion of w T ater lying north and west of a line beginning at the extreme southern point of lot No. 3, section 14, town No. 33 north, of range No. 29 E., running thence easterly in a direct line to the extreme southern point of lot No. 2. section 18, town No. 33 north, of range No. 30 east, all in Door county. 54. Lake trout or whitefish, wall-eyed pike and cat- tish, weight of. [Sec. 15, ch. 188, 1897, as amended by sec. 2, ch. 313, 1897.] It is hereby declared unlawful for any person or persons to have in their possession any lake Fish and Game Laws. 33 trout or whitefish of less than two pounds round or un- dressed weight, nor less than one and one-half pounds dressed weight (except that lake trout may be had in pos- session and offered for sale, not to exceed twenty- five pounds at any time), any wall-eyed pike of less than one pound round or undressed weight, or any catfish of less than three pounds round or one and one half pounds dressed weight. Any person who shall violate any of the provisions of this section shall be punished by a fine of not less than twenty -five dollars nor more than one hundred dollars, and be imprisoned until such fine be paid, not to exceed ninety days. Provided, however, that fish mer- chants may purchase (and offer for sale when so purchased) from any one or more fishermen not to exceed twenty- five pounds from each, of the sized trout mentioned in section fifteen [this paragraph], when taken in one lift. 55. Close season for nets in outlying waters. [Sec. 15a, ch. 188, 1897.] It shall be unlawful, and is prohibited, to capture or take by means of nets of any kind, in any of the outlying waters of the state, any whitefish or trout be- tween the fifteenth day of October and the first day of De- cember next succeeding. Any person who shall violate any of the provisions of this section shall, upon conviction thereof, be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, and be im- prisoned until such fine be paid, not exceeding ninety days. 56. Use of nets in Little Sturgeon Bay. [Sec. 16, ch. 188, 1897.] No net of any kind or other device for trapping fish shall be used or set in the waters of Little Sturgeon Bay inside of a line drawn from Horseshoe or Squaw Island to Bonnet's Point on the mainland at any time, except that a dip net or minnow seine may be used for the purpose of catching minnows for bait only. Any person who shall violate any of the provisions of this section shall be pun- ished by a fine of not less than twenty-five dollars nor more than one hundred dollars, and shall be imprisoned until such fine is paid, not exceeding ninety days. 3— F. & G. 34 Fish and Game Laws. 57. Same in waters bordering- on Door comity. [Sec. 17, ch. 188, 1897.] It shall be unlawful and it is prohibit- ed for any person to set or use, or cause to be set or used, in the waters bordering on Door county at any time any fyke, seine or dip nee, except that a dip net or minnow seine may be used for the purpose of catching minnows for bait only. Any person who shall violate any of the pro- visions of this section shall, upon conviction thereof, be punished by a fine of not less than twenty -five dollars nor more than one hundred dollars, and to be imprisoned until such fine is paid, not exceeding ninety days. 58. Use of gill, seine and fyke nets in Green Bay. [Sec. 18, ch. 188, 18)7.] It shall be unlawful for any person to set or use, or cause to be set or used, in the waters of Green Bay, between the first day of April and the succeed- ing first day of January any gill net having smaller mesh than four-inch stretch measure, but it shall be lawful for any person to set or use seine or fyke nets of not less than three- inch stretch measure in the waters of Green Bay, except the waters bordering on Door county, from the first day of May to the succeeding first day of April; provided, that gill nets of one and three-fourths inches, stretched measure, may be used for the purpose of catching fish to be used for bait only. Any person violating any of the provisions of this section shall be punished by a fine of not less than twenty-five dollars, nor more than one hun- dred dollars, and be imprisoned until such fine be paid, not exceeding ninety days. 59. Use of pound nets in Green Bay and Lake Michigan. [Sec. 19, ch. 188, 1897.] It shall be unlawful and is pro- hibited for any person to set or use in the waters of Green Bay and Lake Michigan between the first day of April and the succeeding first day of July any pound net whose pot (being the part of the net in which the fish are finally cap- tured) on three sides and extending ten feet downward into the water is of a smaller mesh than three inches stretch Fish and Game Laws. 35 measure; provided, however, that no bass shall te taken with nets in the waters ot Green Bay at any time. Any person who shall violate any of the provisions of this section shall be punished by a fine of not less than twenty-five dollars, nor more than one hundred dollars, and shall be imprisoned until such fine is paid, not exceed- ing ninety days. 60. Fishing; in Pecatonica, Fever and Sugar rivers and Koshkonong lake. [Sec. 20, ch. 188, 1897.] It shall be lawful to take or catch any kind of fish except trout from the waters of the Pecatonica and Fever rivers in Iowa and Lafayette counties, in the Sugar river in Green county and from Koshkonong lake in Rock, Dane and Jefferson coun- ties, with a hook and line at any time. 61. Close season for, and methods of hunting deer. [Sec. 21, ch. 188, 1897.] It shall be unlawful and is pro- hibited: 1. To take, pursue or kill by any kind of device or con- trivance whatever, or pursue with intent to take or kill, or to worry any deer, buck, doe or fawn between the twen- tieth day of November and the first day of November of the year following; all of the year except the first twenty days in November being declared the close season for the animals named in this section; provided, that during the first five days after the close season (November 21st to 25th inclusive) parties shall have the right to purchase, sell and transport game mentioned in this section subject to the provisions of this act. 2. To hunt deer, buck, doe or fawn at any time with dogs. 3. To hunt deer, buck, or doe in the night time. 4. To hunt deer, buck,, doe or fawn in the counties of Sheboygan and Fond du Lac for the period of five years. 5. To kill or capture any deer in the waters or on the ice of any of the streams or lakes or ponds within the ju- risdiction of this state at any time. So Fish and Game Laics. 6. To kill or capture any deer by means of any pit, pit- fall or trap at any time. 7. To make use of any artificial light in hunting deer. 8. To have in possession the skins of any deer when it is in its red coat, or any fawn when it is in its spotted coat. 9. For any person to kill more than two deer, except that any resident or settler shall have the right to kill at any time during the open season any deer which is to be consumed by his own family or neighbors and not for the purpose of sale or traffic. Any person who shall violate any of the provisions of this section shall be punished by a fine of not less than twenty-five dollars, nor more than one hundred dollars, or by imprisonment in the county jail not less than two months nor more than six months, or by both such fine and imprisonment in the discretion of the court. Validity. It is competent for the state to enact such laws as will pre- serve from extermination or undue depletion, wild game adapted to con- sumption as food or to other useful purposes; hence it may regulate the time and manner of killing the same, and impose such limitations upon its use or the right of property in it, after it is taken or killed, as is necessary to that end. State v. Rodman, 58 Minn., 393, 59 N. W. Rep. 1098. Form of complaint under subdivision one. State of Wisconsin, / County of . ) , being duly sworn, says that on the day of , in the year 189 — , at said county, (name of the ac- cused) did take, pursue and kill, (or pursue with intent to take, kill or worry) a deer, (buck, doe or fawn), said day being between the twentieth day of November, 189 — , and the first day of November of the year following, and being during the close season as prescribed by section 21, of chapter 1S8, of the laws of said state for 1897, and contrary to the provisions of said sec- tion and against the peace and dignity of the state of Wisconsin. Subscribed and sworn to before me . this day of , A. D. 189-. Justice of the Peace. Fish and Game Laws. 37 Form of Complaint for unlawfully Hunting Deer, State of Wisconsin, County of , being duly sworn, says that on the day of , in the year 189 — , at said county, (name of the accused), did un- lawfully hunt deer (buck, doe or fawn), with a dog (or in the night time),, or did kill or capture a deer in the waters of , (designate stream,, river, lake, pond or bay) or on the ice of (designate stream, lake or pond), the same being within the jurisdiction of said state; or did kill or capture a deer by means of a pit fall or trap, or made use of an artificial light in hunting deer, contrary to the provisions of section 21 of chapter 188, of the laws of Wisconsin for 1897, and against the peace and dignity of the said state. Subscribed and sworn to before me this day of , A. D. 189—. Justice of the Peace. 62. Close season for woodcock, partridge, etc. [Sec. 22, ch 188, 1897.] It shalL be unlawful and is prohibited to take, catch or kill any woodcock, partridge, pheasant, or ruffed grouse, prairie chicken, or prairie hen, sharp- tailed grouse, or grouse of any variety, plover or snipe be- tween the first day of December and the succeeding first day of September. Any person who shall violate any of the provisions of this section shall be punished by a fine of not less than ten dollars, nor more than fifty dollars, and by imprisonment in the county jail until such fine is paid,, not exceeding ninety days. 63. Close season for duck, geese, etc. [Sec. 23, ch. 188, 1897.] It shall be unlawful and is prohibited to take, catch or kill any wild duck, wild goose or brant between the first day of Myy and the succeeding first day of September in each year. It shall be further unlawful and is prohibited to take, catch or kill any mallard, teal or wood duck be- tween the first day of December and the succeeding first day of September in each year; provided, however, that 38 Fish and Game Laws. swan shall not be taken or killed at any time. Any person who shall violate any of the provisions of this section shall be punished by a fine of not less than twenty nor more than fifty dollars, and by imprisonment in the county jail until such fine is paid, not exceeding three months. 64. Hunting' aquatic fowl after sunset. [Sec. 24, ch. 188, 1897.] It shall be unlawful and is prohibited to pur- sue, catch, take or kill in this state any wild duck, wild goose, brant, or other aquatic bird or fowl between sun- down and sunset and the following sunrise. Any person Who shall violate any of the provisions of this section shall be punished by a fine of not less than twenty-five dollars, nor more than one hundred dollars, and by imprisonment in the county jail until such fine is paid, not exceeding sixty days. 65. Method of hunting same. [Sec. 25, ch. 188, 1897.] It shall be unlawful and is prohibited to kill, attempt to kill, to pursue for any purpose, any wild duck, wild goose, brant or other aquatic bird or fowl on any of the waters of this state, while occupying or using any sneak boat, raft, box or other device, except a boat outside or beyond the natural covering of reeds, grass or other vegetation grow- ing above the water. It shall also be unlawful and is pro- hibited to construct or to use any fixed or artificial ambush or blind of any kind for the purpose of hunting in any of the open waters of this state. Any person violating any of the provisions of this section shall be punished by a fine of not less than ten nor more than fifty dollars, or by im- prisonment until such fine is paid, not exceeding thirty days. 66. Use of sneak boats, etc. [Ch. 274, 1897.] It shall be unlawful to use in the pursuit of any duck, goose or brant, or any other aquatic bird, any sneak boat or scull boat, or any boat propelled by scull-oars, or any sail boat, steamboat, naptha boat or electric boat or floating raft or box or similar device. Any person violating any provis- Fish and Game Laws. 39 ions of this act shall, upon conviction thereof, be punished by a fine of not less than five dollars or more than twenty - five dollars, or be imprisoned in the county jail not less than ten days nor more than thirty days. 67. Use of snares, nets, spring guns, etc. [Sec. 26, ch, 188, 1897.] It shall be unlawful and is prohibited to take, catch or kill or to attempt to take, catch or kill, any animals, birds or water fowl protected by this act, by means of any snare, net, trap or spring gun or similar con- trivance, or to place, spread or set any such net, trap, snare, or spring gun or device, for the purpose of catch- ing, or which might catch, take or ensnare such animals, birds or water fowl. Any person violating any of the pro- visions of this section shall be punished by a fine of not less than ten dollars nor more than fifty dollars, or by im- prisonment in the county jail not more than sixty days. 68. Close season for pheasants and quail. [Sec. 27, ch. 188, 1897.] It shall be unlawful and is prohibited to take, catch or kill any Mongolian, Chinese or English pheasants or quail of any variety, until September 1, 1901. Any person violating this section shall be punished by a fine not to ex- ceed fifty dollars, or by imprisonment in the county jail not more than thirty days. 69. Ensnaring ducks. [Sec. 28, ch. 188, 1897.] It is un- lawful and prohibited, to place in or upon any waters fre- quented by wild duck, any net of any kind in such position that it will, or may, ensnare the ducks so frequenting said waters. Any person violating the provisions of this section shall be punished by a fine of not less than fifty dollars, nor more than one hundred dollars, or by imprisonment in the county jail not less than sixty nor more than ninety days. 70. What firearms may be used. [Sec. 29, ch. 188, 1897.] It shall be unlawful and is prohibited to use in pur- suit of any animal, fowl or bird, any pivot gun or swivel gun, or any other fire arm not habitually held at arm's 40 Fish and Game Laivs. length and discharged from the shoulder. Any person violating the provisions of this section, shall be punished by a fine of not less than twenty-five dollars, nor more than one hundred dollars, or by imprisonment in the county jail for not less than thirty days nor more than three months. 71. Harmless birds. LSec. 30, ch. 188, 1897.] It shall be unlawful and is prohibited to catch or kill at any time, or for any purpose whatever, except as authorized in this act, any whippoor will, night-hawk, blue-bird, finch, thrush, lark, robin, turtledove, or any other harmless bird. Any per- son violating the provision of this section shall be punished by a fine of not more than fifty dollars, or by imprison- ment in the county jaiL for not more than thirty days; pro- vided that this section shall not apply to black birds, English sparrows or pigeons for trap shooting. 72. Eggs and nests of water fowl and birds. [Sec. 31, ch. 188, 1897.] It shall be unlawful to take or destroy the eggs of any water-fowl or bird, excepting crows and English sparrows. The destroying of any nests of any waterfowl or bird, excepting crows and English sparrows, shall be strictly prohibited. Any person violating any of the pro- visions of this section shall be punished by a fine of not more than five dollars, or by imprisonment in the county jail of not less than ten days. 73. Interference with carrier pigeons. [Sec. 32, ch. 188, 1897.] It shall be unlawful and is prohibited, to take, catch, kill, impede in its progress or otherwise interfere with any carrier or homing pigeon. Any person, violating any of the provisions of this section shall be punished by a fine of not less than ten dollars nor more than fifty dol- lars, or by imprisonment for not more than three months. 74. Hunting rabbits.— Close season for otter, etc.— Muskrat houses. [Sec. 33, ch. 188. 1897.] It shall be un- lawful and is prohibited to use a ferret to hunt rabbits. It is further unlawful and is prohibited to take, catch, kill or destroy otter, marten or fisher between the first day of Fish and Game Laws. 41 May and the succeeding first day of October, and to destroy or molest muskrat houses at any season of the year. Any person violating any of the pro- visions of this section shall, upon conviction, be punished by a fine of not less than ten dollars nor more than twen- ty-five dollars, and by imprisonment in the county jail until such fine is paid, not exceeding thirty days. 75. Hunting upon private lands. [Sec. 34, ch. 188, 1897.] No person shall at any time enter into any grow- ing or standing grain not his own with fire arms about his person or permit his dog or dogs to enter into any such growing or standing grain without the permission of the owner or the occupant thereof ; and no person shall at any time hunt or shoot upon any lands of another after being notified not to hunt thereon, and any person who shall, without the right to do so, hunt or shoot upon any land of another, after having been notified not to hunt or shoot thereon, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than five dollars, nor more than ten dollars and costs of prosecution. In default of payment of such fine, he shall be imprisoned in the county jail not less than ten days nor more than thirty days; provided, however, that the provisions of this section shall not apply to any per- son or persons fishing for trout in streams stocked by the state; but nothing in this contained shall be so construed as to limit or in any way affect the remedy of the owner or occupant of any such grain or inclosed or uninclosed land or of the person injured, at common law, for trespass. Any owner or proprietor of land may give the notice pro- vided for in this section by maintaining sign-boards at least one foot square containing such notice upon at least every forty acres of the premises sought to be protected, in at least two conspicuous places, or by giving personal, written or verbal notice. 76. Possession and transportation of fish and game dur- 4i Fish and Game Laws. ing close season. [Sec. 35, ch. 188, 1897. J It is unlawful and prohibited: 1. To have in possession or under control any varieties of fish, animals, game or birds for which a close season is prescribed by this act or by any law of this state now or hereafter in force, during the close season prescribed by law therefor (except alive) or any carcass of [or] flesh thereof. 2. To [for] any keeper of a hotel, restaurant or boarding house to serve to his guests any such venison, birds, fish or game of any kind, during the close season therefor, unlaw- fully in his possession. The possession or having under con- trol any bird, animal or fish of any of the kinds during the close seasons herein prescribed for such, except as in this act specified, shall be prima facie evidence that it was the property of this state when taken, caught or killed, and that it was caught, taken or killed in this state unlawfully, and the burden of proof shall be upon the defendant in any prosecution or action for forfeiture to prove the con- trary. 3. For any employe of the fish commission, while en- gaged in catching and distributing wild fish from the pub- lic waters for the purpose of artificial propagation, to have in his possession any other varieties of fish than those he has been directed to take by the superintendent of the fish commission or his agent duly authorized in writing. Any person violating the provisions of this section shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. Possession by partners. Possession by a partnership in the usual course of business is possession by the individual partners, and under a statute imposing a penalty for having in possession more than two game animals, either partner is liable therefor, though perhaps only one penalty can be collected. Allen v. Leighton, 87 Me. 206, 32 Atl. Rep. 877. Have in possession. It has been ruled by the St. Louis court of ap- peals that a law which prohibits the selling or keeping in one's possession of certain game within a designated portion of the year is valid even as to Fish and Game Laws. 43 game imported from another state. Proof that a restaurant keeper caused game to be served to his customers on a designated day within the period during which it was declared unlawful for a person " to purchase, have in possession or expose for sale" designated birds, will sustain a conviction, notwithstanding the proof tended to show that they were shipped from an- other state. State v. Randolph, 1 Mo. App. 15. To much the same effect is Wagner v. People, 97 111. 320. In considering a statute which imposed a penalty upon ' ' any person hav- ing in his or her possession " between fixed dates specified game, the court observed that the time when or the place where the game was killed, or when brought within the state, or where from, is not made material by the st atute,and we have no power" to make it so. That it was either killed within the lawful period, or brought from another state where the killing was lawful, constitutes no defense. Phelps v. Racey, 60 N. Y. 10. See note to next paragraph. But under a law declaring that no person "shall sell, expose for sale, or have in possession for the purpose of selling or exposing for sale " certain fowl, etc., the court held that fowl killed in another state and brought into that state were not included in the statute. People v. O'Neil, 71 Mich. 325. Form of Complaint. State of Wisconsin, County of . , being duly sworn, says that on the day of , in the year 189 — , at said county, (name of the accused) did unlawfully have in his possesson and under his control fish of the variety known as (or animals, game or birds of a specified variety), the same not being alive (or the carcass or flesh of such fish, animals, game or birds), the said day being during the close season for said fish (or animals, game or birds), as prescribed by chapter 188 of the laws of said state for 1897, and contrary to the provisions of section 35 of said chapter, and against the peace and dignity of the state of Wisconsin. •Subscribed and sworn to before me this day of , A . D., 189—. Justice of the Peace. [Vary the form for an offense under sub-division two by alleging the defendant's occupation and the use made of the fish, etc.] 44 Fish and Game Laics. 7 7. Sale of fish and game during- close season. [Sec. 36, ch. 188, 1897.] It is unlawful and prohibited: 1. To sell or offer or expose for sale any fish, game or birds or venison at any time during the close season pre- scribed therefor, respectively. 2. To purchase any such fish, game or venison or birds or any or either of them during any period of a close sea- son therefor, respectively. Any person who shall violate ' any of the provisions of this section shall be punished by a fine of not less than twenty- five dollars nor more than one hundred dollars. The legislature may make it an offense to sell, within the state, the meat of wild animals, whether killed within or without the state. Ex parte Maier r 103 Cal. 476; Phelps v. Racey, 60 N. Y. 10. See note to paragraph 76. 78. Transportation of fish and game during close sea- son. [Sec. 37, ch. 188, 1897.] It is unlawful and prohib- ited for any person or corporation, or common carrier, or any agent or servant thereof, for compensation or otherwise : 1. To transport any fish caught in the waters of this state of the varieties for which a close season is prescribed in this act or by law, during such close season; but this section shall not prevent the shipment of trout raised in private hatcheries of which the package or box shall be branded with an iron brand as follows: "Shipped from the private hatchery of (here insert the name of the owner and the location of the hatchery)." 2 To use the stamp or brand described in the preceding subdivision of this section in the shipment of any fish not raised in such hatchery. 3. To transport any of the animals, wild fowl or birds, except alive, during the time which the killing, catching or taking of such animals, wild fowl or birds is prohibited by this act or by law. The possession of any such animals, fowl or birds during the close season therefor for shipment or in transit shall be prima facie evidence of the violation Fish and Game Laws. 45 of this act. It shall be the duty of every parson whenever any animal, fish or game of any of the kinds the taking, catching or killing of which is prohibited by law at any or all times (except during the periods in which the same may be lawfully taken, caught or killed) is offered to him for transportation out of the state, or any point or place within the state, to at once notify and give full particulars concerning such offer and by whom, to the state fish and game warden or his deputy. 4. To ship, carry or transport, offer for shipment or transportation or receive for shipment or transportation to any point or place out of this state, any feathered game protected by the laws of this state, except live birds, ex- cepting that when accompanying and having in his per- sonal charge the owner of such feathered game may carry out of the state not to exceed fifty of any variety of birds or fowl. 5. To ship, carry or transport or receive for shipment or transportation to any point or place out of this state any iish taken in the inland waters of this state, excepting that when accompanying and having in his personal charge the owner of such fish may carry out of the state twenty pounds or two such fish, and excepting also trout raised in the private hatcheries as provided for in subdivision 1 of this section. 6. To transport, ship or carry out of the state or to sell or offer for sale within this state any ducks of any variety, snipe or plover, between the first day of December and the succeeding first day of September. Any person or corpora- tion or transportation company or firm or individual or agent, or employe of such corporation, transportation com- pany, firm or individual who shall violate any of the pro- visions of this section shall forfeit not less than twenty- five dollars nor more than one hundred dollars for each such violation, to be recovered in a civil action brought in 4G Fish and Game Laws. the name of the state by the state fish and game warden or his deputy. Validity. It is within the power of the legislature to prohibit the kill- ing of game for the purpose of conveying the same beyond the limits of the state. Geer v. Connecticut, 161 U. S. 519. See notes to paragraphs 76, 77. Affidavit for arrest for transporting fish or game. State of Wisconsin, \ County of . \ ss " — , being duly sworn and examined on oath by and before the undersigned, a justice of the peace in and for said county, says that he is the state fish and game warden of said state, (or is a deputy of the state fish and game warden of said state,) and for complaint herein says that (name of the defendant) heretofore, to-wit: on the day of , of 189 — , at county, in the state of Wisconsin, incurred a forfeiture of the sum of one hundred dollars, according to the provisions of subdivision 6, of section 37, of chapter 188, of the laws of Wisconsin for the year 1897, by then and there unlawfully transporting, contrary to subdivis- ion 1, of section 37, chapter 188, of the laws of Wisconsin for the year 1897, fish caught in the waters of the state of Wisconsin, to-wit: speckled trout, (or other variety, specifying the same) between the first day of September, 189 — , and the succeeding fifteenth day of April, being within the close season for catching said variety of fish as prescribed by section 4, of chap- ter 188, of said laws, said speckled trout not being raised in a private hat- chery and not being in a package or box branded as prescribed by said subdivision 1 of section 37, of chapter 188, of the laws of Wisconsin for the year 1897, and that the said is now indebted to the state of Wisconsin in the said sum of one hundred dollars for the violation of the provisions of the section last designated. Wherefore, the complainant demands that a civil warrant be issued against the body of the said , and that he be arrested accord- ing to law. Subscribed and sworn to before me, this day of , A. D .189—. Justice of Peace. [The form above given may be used where othev subdivisions of sec. 37 are violated; care must be taken to allege tbe particular facta constituting the offense, and to designate the sub^-.sion of the section violated, and the beginning and end of the close .season.] Fish and Game Laws. 47 Warrant for Arrest. County of Town of - The state of Wisconsin, to the sheriff or any constable of said county: Whereas, , the state fish and game warden of the state of Wisconsin, (or , a deputy of the state fish and game warden of the state of Wisconsin), has this day complained to me on oath that , did on the ■ day of , 189 — , at county, in said state, incur a forfeiture according to the provisions of subdivision 6, of section 37, of chapter 188, of the laws of Wisconsin for the year 1897, by then and there unlawfully transporting, contrary to subdivision 1, of sec- tion 37, chapter 188, of the laws of Wisconsin for the year 1897, fish caught in the waters of the state of Wisconsin, to-wit: speckled trout (or other variety, specifying the same) between the first day of September, 189 — , and the succeeding fifteenth day of April, being within the close season for catching said variety of fish as prescribed by section 4, of chapter 188, of said laws, said speckled trout not being raised in a private hatchery, and not being in a package or box branded as prescribed by said subdivis- ion 1, of section 37, of chapter 188, of the laws of Wisconsin for the year 1897, and that the said is now indebted to the said state of Wisconsin in the sum of one hundred dollars by reason of the violation of the provisions of the section last designated. Now therefore, you are hereby commanded to take the body of , if to be found within your county, and bring him forthwith before the undersigned, a justice of the peace in and for said county, at my office in said town, to answer unto the said state of Wisconsin to its damage two hundred dollars or under; and you are commanded to give due notice thereof to the plaintiff. Hereof fail not at your peril. Given under my hand at , this day of , A. D. 189 — . Justice of the Peace. Form of Complaint. The State of Wisconsin,") County of Plaintiff, In Justice's Court. Against )■ Before Defendant.} Justice of the Peace. The above named plaintiff, by , the state fish and game warden of ^'said state, (or a deputy of the state fish and game warden of said state), complains of the above named defendant and alleges that said defendant is indebted to the plaintiff in the sum of one hundred dollars, 48 Fish and Game Laics. according - to the provisions of subdivision C, of section 37, of chapter 188, of the laws of Wisconsin for the year 1897, for a forfeiture incurred by the violation of subdivision 1 of said section 37, of said chapter 188, of the laws of Wisconsin for the year 1S97, by transporting fish caught in the waters of the state of Wisconsin, to-wit: speckled trout (or other variety, specify- ing the same), between the first day of September, 189—, and the succeed- ing fifteenth day of April, being within the close season for catching said fish, as prescribed by section 4, of chapter 188, of said laws, said speckled trout not being raised in a private hatchery and not being in a package or box branded as prescribed by said subdivision 1, of said section 37, of said chapter 188. Wherefore, the plaintiff demands judgment against the de- fendant for said sum of one hundred dollars, according to the provisions of subdivision 6, of section 37, of chapter 188, of the laws of Wisconsin for the year 1897, together with the costs of this action. District attorney of the County of . 79. Certificates to scientists. LSec. 88, ch. 188, 1897.] The state fish and game warden may grant [a certificate] to any member of an incorporated society 'of natural history or to any professor of any university, school or college, or any person properly accredited by such institution, cer- tifying that such person or institution is authorized (is hereby for such purpose authorized) to collect, for strictly scientific purposes only, the nests, eggs, animals, birds and fish protected by this act or the laws of the state. No person to whom such certificate is issued or who acts under the same shall dispose of any such specimens except in exchange for scientific purposes. Such certificate shall be issued only on satisfactory testimonials of well known scientific men. 80. Attempt to violate law. [Sec. 39, ch. 188, 1897.] Any attempt to violate any of the provisions of this act shall be deemed a violation thereof. 81. Rule of construction. [Sec. 40, ch. 188, 1897.] All sections of this act relating to the having in possession or under control, or the sale, shipment or transportation Fish and Game Laws. 49 of any animal, fish, water-fowl or bird, shall be construed to include any and all parts of the flesh and meat thereof. 82. Limitations on scope of law. [Sec. 41, ch. 188, 1897.] The operation of state and public hatcheries in this state, the removal of fish which have died from natural causes from the waters of this state, the removal of deleterious fish, with the written consent and under the direction of the commissioners of fisheries, the propagation or trans- portation, collecting and transplanting of fish or fish fry by state or public authority, and the operation of private hatcheries, or propagation of fish in private waters and the transportation of fish therefrom in the manner directed by this act are not affected or prohibited by this act, nor shall it affect the transportation of fish into or through the state or out of it by the commissioners of fisheries of other •states or of the United States. 83. Fish for private ponds, etc [Sec. 42, ch. 188, 1897.] The state fish commission or its agents or employes are prohibited from furnishing fish or fry from state hatcheries to private ponds, private clubs or corporations or pre- serves or waters where the public are not allowed the same rights and privileges enjoyed by any other person or persons. 84. Warden and deputies protected. [Sec. 43, ch. 188, 1897.] In the performance of his or their duties as state fish and game warden and deputy fish and game warden, he or they shall be released from any and all liabilities to any person or persons whatsoever for acts done or per- mitted or property destroyed under and by virtue of the authority of the provisions of this act. 85. Pollution of waters. [Sec. 44, ch. 188, 1897.] It is unlawful and prohibited: 1. To cast, deposit or throw overboard from any row, sail or steamboat or other craft into any of the inland waters of the state or into Green Bay, Sturgeon Bay, or into Chequamegon Bay, or to deposit or leave upon the ice 4-F. & G. 50 Fish and Game Laws. thereof until it melts, any fish offal, which shall be con- strued to mean and include the head, intestines, blood and cleanings of fish and dead fish. The fact of any fisherman coming to the shore with dressed fish in his boat and without the offal produced by such dressing shall be prima facie evidence of the violation of this section. 2. To throw or deposit or to permit to be thrown or deposited any sawdust, lime, tanbark, ship ballast, stone, sand, cinders, ashes, slabs or decayed wood or other substances deleterious to fish life (authorized drainage and sewerage from municipalities excepted), into any of the rivers, lakes or streams of this state, including Green Bay, Chequamegon Bay and Sturgeon Bay, or into any streams wherein the commissioners of fisheries have caused trout fry to be deposited or in which brook trout naturally abound; provided, however, that the pro- visions of this section shall not apply to the Wisconsin river. Form of Complaint under subdivision one. State of Wisconsin, County of . , being duly sworn, says that on the day of the year of 189 — , at said county (name of the accused) did unlawfully cast, deposit or throw overboard from a row boat (sail or steam- boat or other craft) into the river (or lake) known by the name of , the same being a part of the inland waters of said state as defined by chapter 188, of the laws of Wisconsin for 1897, (or into Green Bay, Stur- geon Bay or Chequamegon Bay) or did deposit or leave upon the ice of said river (or lake or bay) until it melted certain fish offal, to-wit: , contrary to subdivision 1, of section 44, of chapter 188, of said laws-, and against the peace and dignity of the state of Wisconsin. Subscribed and sworn to before me this day of , A, D. 189 -. Justice of the Peace. Fish and Game Laws. 51 Form of Complaint under subdivision two. State of Wisconsin, ) County of . ) , being duly sworn, says that on the day of , in the year 189 — , at said county, (name of the accused) did unlaw- fully throw or deposit, or permit to be thrown or deposited, into the river (lake, stream or bay) known by the name of ; — , sawdust (lime, tan-bark, ship ballast, stone, sand, cinders, ashes, slabs, decayed wood or other sub- stances), deleterious to fish life, the same not being then and there au- thorized drainage or sewerage from any municipality, contrary to subdi- vision two of section 44 of chapter 188 of the laws of said state for 1897, and against the peace and dignity of the state of Wisconsin. Subscribed and sworn to before me this day of , A. D. 189—. Justice of the Peace. 86. Public nuisances, what are. [Sec. 45, ch. 188 1897.] The following are declared to be public nuisances. 1. Any net of any kind prohibited by law while set or placed or found in any waters where such net is prohibited by law from being used. 2. All seines or other devices, traps, or contrivances set or found in any waters in a manner prohibited by the laws relating to such waters, and any and all boats found in use in the taking of fish in violation of any of the provisions of this act. 3. All set lines, ropes, or cables with more than one line attached thereto, either directly or indirectly. Set lines are construed to mean any line not held by the person using the same whether the same shall have one or more hooks. This subdivision applies to inland waters only. 4. Any nets spread upon, or under the surface of any of the waters of the state, which shall or might entrap or en- snare any wild fowl of any kind. 5. Any trap, snares, spring-gun, set guns or other de- 52 Fisli and Game Laics. vice or contrivance which might entrap, ensnare or kill any animals, birds or water- fowl protected by law. 6. Any boats, deer lamps or lights while used in the un- lawful pusuit or hunting of deer. 7. Any pivot or swivel gun, or other fire arms not habitually held at arm's length and discharged from the shoulder while the same shall be in unlawful use. < s . Any screen set in the public waters of the state to prevent the free passage of fish, or set in any stream which shall have been stocked by the commissioners of fisheries of Wisconsin. 9. Any boat, floating raft, box or blind, set in open water or outside a natural growth of grasses or rushes sufficiently high to conceal the boat, raft, or blind, or an artificial blind set in open water, for the unlawful pursuit, hunting or shooting of any wild duck, goose or brant. 10. Of [all] decoys set in any of the waters of the state during the close season for the hunting of water-fowl as prescribed herein. 11. The unlawful use of any of the articles mentioned in this section contrary to the provisions of this act, shall forfeit the same to the state, and upon their being found under any of the conditions which shall render them public nuisances as specified herein they may be immediately destroyed. 87. Destruction of such articles; immunity. [Sec. 46, ch. 188, 1897.] It shall be the duty of any warden, deputy warden, sheriff, deputy sheriff, constable, special warden or other peace officer to destroy forthwith any article or thing declared hereby to be a public nuisance when found or taken in the unlawful use which, according to this act, makes the same a public nuisance; and no liability shall be incurred to the owner or any other person for such de- struction. Validity. In Bittenhaus v. Johnston, 92 Wis. 53S, the supreme court said of provisions in ch. 221, laws of 1395, declaring that nets in unlawful Fish and Game Laws. 53 use are public nuisances, making it the duty of wardens and peace officers to destroy the same forthwith when found in such unlawful use and ex- empting said officers from all liability to the owners for such destruction, that they were not repugnant to that clause of the federal constitution declaring that no state shall "deprive any person of . . . property without due process of law," nor to sec. 9, art. 1, of the constitution of this state, declaring that " every person is entitled to a certain remedy in the laws for all injuries" to his property. 88. Reports from fishermen in outlying waters, and by wardens, etc. [Sec. 47, ch. 188, 1897.] Each person engaged in fishing in the outlying waters of the state as a business during the whole or any part of the year shall, on or before the first day of December of such year, report to the commissioners of fisheries the amount in pounds of all food fish caught by him during the year, the average price per pound, and such other information as is required by the blanks furnished him for the purpose. REPORT Of of fish caught during the season from Decem- ber 1st, 18 — , to November 30, 18—. This report covers the fishing season from , 18 — , to , 18—. Description of nets used. Kind. Number. Value. Size of mesh. 54 Fish and Game Laivs. Specimen of fish. Pounds. Price per pound. Total. Whitefish Trout, lake Herring Bass Perch All other kinds I hereby certify that the foregoing statement is true. Dated this day of , 18 — , , Wisconsin. Signature . For failure to make such report and for wilfully making a false report such persons shall be punished by a fine of not less than twenty -five dollars nor more than fifty dollars. On or before the last day of December of each year the state fish and game warden, any sheriff or constable, or any other officer who has performed any duties under this act, shall make report to the state commissioners of fisheries of the actions taken by him, the number of prosecutions com- menced, the arrests made, the convictions had, the amount and date of fines and forfeitures collected, with such other information as they may require, the same to be made on blanks furnished him for the purpose. 89. Seiz lire and sale of fish and game. [Sec. 48, ch. 188, 1897.] The state fish and game warden or his deputy is hereby authorized to seize and take possession of, in the name of the state, any fish, venison, birds, fowl or game caught, taken or killed, or had in possession contrary to the provisions of the laws of this state relative to fish and game; and such fish, venison, birds, fowl or game caught, taken or killed, or had in possession contrary to the pro- Fish and Game Laws. 55 visions of this act are hereby declared to be contraband and shall be sold by the warden or his deputy to the highest bidder, and any person purchasing the same shall have the right to use or dispose of the same in the same manner as though the said fish, venison, birds, fowl or game had been caught, taken or killed, or were had in possession in accord- ance with the provisions of the laws of this state, anything to the contrary notwithstanding ; provided, that after the cost of seizure and of the sale shall have been paid, the clear proceeds shall be paid into the state treasury and credited to the general fund. 90. Use of vegetation as a Mind. [Sec. 49, ch. 188, 1897.] Nothing contained in this or any act shall prohibit any person from entering, occupying and making use of as a blind any natural covering of grass, reeds or other vege- tation growing above the water of any public lake, pond or stream on foot or in any boat not prohibited by law, for the purpose of fishing and shooting game. 91. Repealing clause. [Sec. 50, ch. 188, 1897.] All acts or parts of acts inconsistent with this act are hereby re- pealed. 56 Fish and Game Laws. PART V.' Laws relating to fish in certain localities. DANE COUNTY. 92. Close season in lakes; fish, how caught. [Sec. 1, ch. 281, 1897. j No person between the first day of April and the twenty-fifth day of May of each year, shall take, catch or kill, or attempt to do so, any fish of any kind from the lakes in Dane county, known as Wingra, Waubesa, Kegonsa, Monona and Mendota, or from any streams or waters in said county connected therewith, nor shall have in his possession any such fish when so taken, caught or killed, and at no time during the year shall any fish be taken or attempted to be taken from any of said lakes and waters except by the common hook and line, except that whitefish may be taken with a dip net having a hoop not exceeding thirty inches in diameter, and then only be- tween the fifteenth day of November and the fifteenth day of December. Minnows other than young bass may be taken at any time in any manner. 93. Fishing through, and buildings on, ice. [Sec. 2, ch. 281, 1897.] It shall be unlawful and is prohibited for any person to fish through the ice on any of said lakes or said waters with more than five lines to each person, nor with more than one hook attached to each line. It shall further be unlawful and is prohibited to construct upon the 1 This part is composed of chs. 281 and 209, laws of 1897. The former was published April 23, 1897, and the latter April 12, 1897; both took effect from and after their passage and publication. Fish and Game Laws. 57' ice of any of said lakes or said waters any building or en- closure of any nature whatsoever, which shall conceal the- person of the occupant while engaged in fishing through the ice, or to occupy any building or enclosure while en- gaged in fishing through the ice. 94. Penalty for, and evidence of, violation of law. [Sec. 3, ch. 281, 1897.] Any person who shall violate any of the provisions of this act shall be deemed guilty of a- misdemeanor, and upon a conviction shall be adjudged to pay a fine for the first attempt Loffense] of not less than fifty nor more than one hundred dollars; and for any subsequent offense a like fine, and to be imprisoned in the county jail not less than ten nor more than thirty days. The posses- sion in said county of any fish common to any of such lakes or waters, shall during the period total prohibition stated in the first section of this act, be deemed prima facie evi- dence that the same was taken, caught or killed in said waters in violation of this act. 95. Officers may arrest without warrant — Rewards may be offered. [Sec. 4, ch. 281, 1897.] The sheriff of said county and his deputies, and the state fish and game war- den and his deputies, and each and every constable in said county, and the several police officers of the cities and vil- lages in said county are charged with the execution of this act, and may arrest with or without warrant in any part of the county any person violating the same, and bring him before the proper court for trial. The common council of the city of Madison, the board of supervisors of any town in said county, may offer and pay suitable rewards for the apprehension and conviction of any person violating the provisions of this act. 96. Fines, how disposed of. [Sec. 5, ch. 281, 1897.] One-third of the fines imposed and collected under this act shall be paid to the person informing of the offense and prosecuting the offender to conviction; one- third shall be paid by the magistrate before whom the matter shall have 58 Fish and Game Laics. been tried and the fines imposed, to the county treasurer and shall be by him designated and set apart as a fund for the protection of fish and game to reimburse the county for the moneys which it shall expend for the enforcement of the fish and game laws, and the remainder shall go to the school fund, as provided by law. 97. Repealing clause. [Sec. 6, ch. 281,1897.] All acts and parts of acts relating specially to the preservation of fish in said lakes and streams, and conflicting with the pro- visions of this act are hereby repealed. LAKE DE NEVEU, FOND DU LAC COUNTY. 98. Method of fishing in. [Sec. 1, ch. 209, 1897.] It shall be unlawful to fish for, catch, take or kill any fish in the waters of Lake de Neveu, in Pond du Lake county, by the use of any trap, spear, net or other device except fish- ing from a boat, with hook and line, or angling. 99. Close season for bass, perch and pickerel. [Sec. 2, ch. 209, 1897.] No person shall take or kill any black or Oswego bass, pickerel or perch in said waters from the first day of September in each year to the first day of June following, and it shall be unlawful for any person to have in their possession at said lake any black or Oswego bass, or pickerel less than eight inches in length. 100. Penalty. [Sec. 3, ch. 209, 1897.] Any person who shall violate any of the provisions of this act shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be fined not less than five, or more than ten dollars, with costs of prosecution, and in default of pay- ment of said fine and costs shall be committed to the county jail not to exceed twenty days. Fish and Game Laws. 59 PART VI. General Laws which may be applicable in applying the foregoing provisions. 101. Lakes, what are navigable and public. [Sec. 1, ch. 328, 1895.] All lakes within this state, which have been meandered and returned as navigable by the surveyors em- ployed by the government of the United States, or which have been so meandered and are navigable in fact, are hereby declared navigable and public waters, and all persons shall have fne right and privilege to pass to and fro, and be, and remain, thereon and to have and enjoy all other rights and privileges thereon, and thereto, to the same extent and with like effect as in, to, and over, and upon all other nav- igable or public waters within this state; provided, this act shall not affect pending litigation or interfere with any vested rights that have been heretofore acquired upon any such lakes or streams. 102. Night-time, what is. [Ch. 85, laws of 1895.] The time [term] "night-time" when used in any statute, ordi- nance, indictment or information in this state, shall be deemed to be the time between one hour after the sun set- ting on one day and one hour before sunrising on the next day; and in all cases the time of sun setting and sunrising shall be ascertained according to mean time in the place where the term may be used, as given in any published almanac. 103. Jurisdiction when counties separated by water. [Sec. 7, R. S. of 1878.] Whenever two counties are sepa- rated from each other by a river or creek, the middle of 60 Fish and Game Laws, the main; channel of such river or creek shall be the di- vision line between them, unless otherwise provided in the- description of the boundaries of such counties. The coun- ties so separated shall have common jurisdiction of all of- fenses committed on the waters between them, and all writs and process issued in any such county may be executed at any place on the waters, of such river or creek opposite the county from which it was issued. 104. Jurisdiction of counties bordering on lakes and rivers. [Sec. 8, R. S. 'of 1878.] The counties now or hereafter organized upon the westerly shore of Lake Michi- gan shall have jurisdiction in common of all offenses com- mitted on that part of said lake which lies within the limits- of this state. The counties now or hereafter organized on the shores of Green Bayf shall have jurisdiction in common of all offenses committed on that part of said Green Bay which lies within the limits of this state. The counties now or hereafter organized on the southerly shore of Lake Su- perior shall have jurisdiction in common of all offenses committed on that part of said lake which lies within the limits of this state. The counties now or hereafter organ- ized on the easterly shore of the Mississippi river shall have jurisdiction in common of air offenses committed on that part of said river which lies within the limits of this state. The counties now or hereafter organized on the shores of Lake Winnebago shall have jurisdiction in com- mon of all offenses committed on any part of said lake. The counties now or hereafter organized on the easterly shore of the St. Croix river or lake shall have jurisdiction in common, of all offenses committed against this state on any part of said river or lake; and all offenses committed against this state on any part of said waters may be heard and tried in either of the counties having, as aforesaid, common jurisdiction over such waters where such offense may be committed, in which legal process against the of- fender shall be first served, and may be alleged and shalL Ftsh and Game Laws. 61 be conclusively deemed to have been committed within such county; and all civil process from either of the coun- ties aforesaid may be executed with. a and upon such waters as are within the jurisdiction of such county above given. In the construction of this section all wharves and piers shall be deemed part of the land with which they are connected. INDEX. [References are to paragraphs numbered by black figures. AMBUSH— use of, for hunting in open waters, 65. use of vegetation as, 90. AQUATIC FOWL— hunting between sunset and sunrise, 64. prohibited methods of hunting, 65-67. ARRESTS— may be made without warrant, when, 15, 20. when for violation of Dane county fish law, 95. ATTEMPT— to violate law is a violation, 80. ATTORNEY GENERAL - advice and assistance to state warden, 19. BAIT — See Medicated Bait. BASS— close season for, in inland waters, 42. not to be taken by nets in Green Bay, 59. BIG GREEN LAK 1 ^— in Green Lake county, close season for bass in, 42. BIRDS— catching or killing harmless, 71. destroying eggs or nests of, 72. BLIND— See Ambush. 64 Index. [References are to paragraphs numbered by black figures.] BOATS— what, not to be used in hunting aquatic birds, 65, 66. • are public nuisances, when, 86. destruction of, 87. BRANT— See Geese. BUILDINGS— erection of, on ice for fishing purposes, 47, 48, 93. . access of wardens to,- 48. destruction of, as public nuisances, 48. CARRIER PIGEONS— interference with, 73. CATFISH— See Pish. weight of, which may be lawfully possessed, 54. CHINESE PHEASANTS— not to be taken until 1901, 68. COMMISSIONERS OF FISHERIES- how composed and styled, 1. appointment and terms; vacancies, 2. officers of board; meetings and members' expenses, 3. executive committee, 3. office and supplies, 4. duties and powers, 5. superintendent of fisheries and assistant, appointment of, 6. may take fish from public waters, 7. not to supply fish for private use, 11, 83. COMPLAINTS- See Forms. CORONERS - are deputy fish and game wardens; their duties, 21. •COUNTY CLERKS — issue of license for hunting deer, 29, 30, 36. fee payable for license, 30. Index. Go [References are to paragraphs numbered by black figures.] COUNTY CLERKS— continued. application for license, what to contain, 36. may administer oaths, 36. proceedings if blank license spoiled, 37. COUNTY DEPUTY FISH AND GAME WARDENS - appointment and removal of, 18. their powers and duties, 20. compensation of, 23. DANE COUNTY— close season for fishing in lakes and streams of, 92. use of nets, 92. fishing through the ice thereon, 93. construction of buildings on ice, 93. evidence of violation of law, 91. arrests may be made without warrants, 95. rewards for conviction of offenders, 95. fines,- how disposed of, 96. DEER— hunting, without license, 27, 32. licenses, how issued, and record of, 28. terms of license, 29. transportation of, without license coupon, 29. fee payable by non resident, 30. same by resident, 31. transfer of license, 32. use of money paid by residents, 33. what counties law applicable to, 35. application for license by non-resident, 30. same by resident, 36. changing license, 38. false statement as to residence, 39. close season for, 61. prohibited methods of hunting, 61. hunting, in Sheboygan and Fond du Lac counties, 61. possession of skin of, 61. number of, that may be killed; clause as to settlers, 61. 5— F. & G. 00 Indtx. [References are to paragraphs numbered by black figures.] DEER — continued. possession of, during close sea3on, 7G. serving as focd to guests during close season, 76. transportation of, during close season, 78, 81. DEPUTY FISH AND GAME WARDENS — See County Deputy Fish and Game Wardens; Special Deputy Fish and Game Wardens. That officers are, 21. DEPUTY SHERIFFS — r.re deputy fish and game wardens; their duties, 21. DETROIT HARBOR — extent of; fish, how caught in, 53. DEVILS LAKE — in Sauk county, close season for bass in, 42. 1 DISTRICT ATTORNEYS— prosecution of violators of fish and game laws, 22. DOOR COUNTY— ■use of nets in waters bordering on, 57, 58. DUCKS - See Game. close season for, 63. hunting between sunset and sunrise, 64. prohibited methods of hunting, 65, 67, 69. transportation and sale of, 78. DYNAMITE - See Explosives. ENGLISH PHEASANTS— not to be taken until 1901, 68. EVIDENCE— possession of fish or game during close season, 76, 77. of pollution of waters by fishermen, 85. pf violation of law relating to fish in Dane county, 94. Index. 07 [References are to paragraphs numbered by black figures.] EXPLOSIVES— use of, for catching fish, 46. i FALSE STATEMENT— as to residence to obtain license for deer hunting, 39. FEES— for deer hunter's license, 30, 31. use of, paid by residents, 33. FEVER RIVER— in Iowa and LaFayette counties, how fish caught in, 60. FINES— under fish and game laws, how used, 24. for violation of Dane county fish law, 96. FIREARMS— what may be used in hunting, 70. are public nuisances, when, 86. destruction of, 87. FISH — See Commissioners of Fisheries; Superintendent of Fisheries. delivery of dead or injured to charitable institution, 7. delivery of, during spawning season for purpose of being stripped, 8. taking, otherwise than as ordered by employe of commission, 9, 76. taking live, out of state, 10. not to be supplied for private use from hatcheries, 1J , 83. killing or injuring, on state hatchery, 12-15. ownership of and title to, in state, 40. ■ close season for bass in inland waters, 42. same for trout, 43. use of nets for taking, in inland waters, 44. in such waters, how, caught 45. use of explosives for catching, 46. how caught through ice, 47. catching while concealed by building on ice, 47. use of trap, medicated bait, etc., 49. taking, near fishway, 49. use of nets in Lakes Michigan or Superior or in Chequamc.gon Lay, 50. 68 Index. [References are to paragraphs numbered by black figures.] FISH— continued. use of nets in Green Bay, 51, 58, 59. use of nets in Sturgeon Bay, 52. methods of catching, in Detroit Harbor, 53. weight of lake trout, whitefish, wall eyed pike or catfish which may lawfully be had in possession, 54. purchase of such trout by fish merchants, 54. whitefish and trout, use of nets in outlying waters, 55. use of nets in Little Sturgeon Bay, 56. same in waters bordering on Door county, 57. use of pound nets in Lake Michigan, 59. how taken in Pecatonica and Fever rivers and Koshkonong lake, 60. possession of, during close season, 76. serving to guests as food during close season, 76. sale or purchase of, during close season, 77. depositing substances deleterious to life of, in waters, 85. use of vegetation as a blind, 90. close season for, and method of catching, in Dane county, 92-97 same as to Lake de Nevue, Fond du Lac county, 98-100. FISH EGGS — taking out of state, 10. FISHER — close season for, 74. FISHERMEN — in outlying waters, annual report required of, 88. FISH OFFAL — depositing, in water or leaving on ice, 85. FISHWAYS — taking fish near, 49. FOND DU LAC COUNTY — See Lake de Nevue. deer not to be hunted in, for five years, 61. FORMS- of complaint for hunting deer without license, 27 r same for transfer of license, 32. Index. CO [References are to paragraphs numbered by black figures.] FORMS— continued. of complaint for changing license, 3S. same for making false statement as to residence to obtain license, 39. same for taking bass during close season, 42. same for using net in inland waters, 44. same for using explosives to catch fish, 46. same for unlawfully fishing through ice, 47. same for unlawful use of nets in certain wateis, 50. of complaint for hunting deer during close season, 61. for unlawfully hunting deer, 61. for possession of fish or game during close season, 76. of affidavit for arrest for transporting fish or game, 78. of warrant for arrest in such cass, 78. of complaint in such case, 78. of complaints for pollution of water, 85. of report for fishermen on outlying waters, 88. GAME — See Deer and names of other species, ownership of, and title to, in state, 40. close season for feathered, 62, 63. aquatic fowl, hunting between sunset and sunrise, 64. prohibited methods of hunting, 65-67, 69. firearms, what may be used, 70. use of ferret to hunt rabbits, 74. close season for otter, marten and fisher, 74. hunting of, in standing grain, 75. or upon lands of another, 75. possession of, during closed season, 76. serving as food to guests during close season, 76. salo or purchase of, during close season, 77. transportation of, during that season, 78, 81. use of vegetation as a blind, 90. GEESE— close season for, 63. hunting between sunset and sunrise, 64. prohibited methods of hunting, 65, 67. 70 Index. [References are to paragraphs numbered by black figures.] GOVERNOR- is a commissioner of fisheries, 1. appointment of other commissioners, 2. appointment of state fish and game warden, 16. approval of appointment of special deputy wardens, 17. approval of warden's and his deputies' accounts for expenses, etc., 23 GREEN BAY— use of nets in, 51. use of gill, seine or fyke nets in, 53. use of pound nets in, 59. bass not to be taken by nets, 55. GROUSE— close season for, 62. HUNTING-See Game. upon lands on which grain is standing, 75, or upon lands of another, 75. f INLAND WATERS - what are, 41. JURISDICTION— of counties separated by water, 103. of counties bordering on Lakes Michigan, Superior or Winnebago, Green Bay, Mississippi or St. Croix rivers, 101. KOSHKONONG LAKE— how fish caught in, 60. LAKE DE NEVUE — in Pond du Lac county, fishing in, regulation of, 93-100. LAKE MICHIGAN — use of nets in, 50. use of pound nets in, 59. LAKE SUPERIOR — use of nets in, 50. Index. 71 [References are to paragraphs numbered by black figures.] LAKE TROUT — weight of, which may be lawfully possessed, 54. sale of, to fish merchants, 54. close season for taking by nets, in out-lying waters, 55. LICENSE — See Deer. LITTLE STURGEON BAY — use of nets in, 56. MARTEN - close season for, 74. MEDICATED BAIT— use of, 49. MONGOLIAN PHEASANTS— not to be taken until 1901 , 68. MUSKRAT— disturbing houses of, 74. NAVIGABLE WATERS— what lakes are, 101. public rights on, 101. NETS- use of, in inland waters, 44. use of, in Lake Michigan, Lake Superior and Chequamegon Bay, 50. use of, in Green Bay. 51. use of, in Sturgeon Bay, 52. close season for, to take trout or whitefish in outlying waters, 55. use of, Little Sturgeon Bay, 56. use of, in waters bordering on Door county, 57. use of pound, in Green Bay and Lake Michigan, 59. vise of, for hunting animals or birds, 67. use of, on waters for ensnaring duck, 69. are public nuisances, when; destruction of, 86. WIGHT-TIME— definition of, 102. ? 3 Index. [References are to paragraphs numbered by black figures.] NOTICE— forbidding hunting on private lands, how given and effect thereof, 7J OTTER— close season for, 74. OUTLYING WATERS— what are, 41. PARTRIDGE— close season for, 62. PECAT€>NICA RIVER— in Iowa and La Fayette counties, how fish caught in, 60. PHEASANT— close season for, 62. Chinese, English and Mongolian, not to be taken, 6t>. PLEADINGS — See Forms. PLOVER— close season for, 62. POLLUTION OF WATERS— what is, and what is evidence of, SI PRAIRIE CHICKEN— close season for, 62. PROCESS- who may serve and execute, 20. PUBLIC NUISANCES - seizure and destruction of, 20, 86, 87. buildings on ice are, when, 48. what are, 86. QUAIL— not to be taken until 1901, 68. Index. ?3 [References are to paragraphs numbered by black figures.] RABBITS - use of ferret to hunt, 74. RUFFLED GROUSE— close season for, 62. RUSH LAKE— in Fond du Lac and Winnebago counties, provision as to close sea- son fur bass not applicable to, 42. SCIENTISTS - certificates to, for collecting nests, eggs, animals, etc., 70. SECRETARY OF STATE— duty as to license for hunting deer, 28-30. SHARPTAILED GROUSE— close season for, 62. SHEBOYGAN COUNTY— deer not to be hunted in, for five years, 61. SHERIFFS - arc deputy fish and game wardens; their duties, 21. SNARES— use of, for hunting, 67. are public nuisances, when, 86. destruction of, 87. SNIPE - close season for, 62. SPEARS— use of, in inland waters, 44. SPECIAL DEPUTY FISH AND GAME WARDENS — appointment of, 17. their duties and powers, 16, 17, 20. their compensation and expenses, 23. ^4 Index. [References are to paragraphs numbered by black figures.] SPECIAL DEPUTY FISH AND GAME WARDENS— continued, protected from liability for performance of duty, 81, 87. public nuisances, what are, 86. destruction of such nuisances, 87. annual reports of, 88. confiscation and sale of fish and game, 20, 89. SPRING GUNS — use of, for hunting, 67. are public nuisances, when, 86. destruction of, 87. STATE FISH AND GAME WARDEN— appointment, duties and term of, 16. special deputy wardens, appointment and removal of, 17. deputies in each county, appointment and removal of, 18. to be advised and assisted by attorney general, 19. may execute process and make arrests, 20. investigation of violations of law, 20. seizure and destruction of appliances, 20, 86, 87. confiscation and sale of fish and game, 20, 89. compensation, expenses and supplies for, 23. deer hunting license to be countersigned, 28. record of such licenses, 28. terms of license, 29. examination of record of licenses, 34. entry into building on ice of inland waters, 48. destruction of such building, 48. certificates to scientists for collection of eggs, animals, etc., 79. protected from liability for performance of duty, 84, 87. annual report of, 88. STATE FISH HATCHERIES — entry upon grounds of, for unlawful purpose, 12. killing fish thereon, 13. injuring fish or property thereon, 14. arrest without warrant, 15. operation of, not affected by laws regulating taking, etc., of fish, 82. Index. ?5 [References are to paragraphs numbered by black figures.] STURGEON BAY - erection of buildings on ice of, for fishing purposes, 47, 43. use of nets in, 52. extent of waters of, 52. SUGAR RIVER — in Green county, how fish caught in, CO. SUPERINTENDENT OF FISHERIES- appointment and salary of, 6. his duties, 6. fish for stocking purposes, how taken, 7. disposition of dead or injured fish, 7. mr.y demand fish to strip them, 3. may enter boats, docks, grounds, etc., 8. may arrest wrong doer on hatchery, 15. SWAN— not to be taken at any time, 63. TRANSPORTATION — of deer without license coupon, 29. of deer during close season, 29. of fish or game during close season, 78, 81. TRAPS - use of, for hunting, 67. arc public nuisances, when, 86. destruction of, 87. TROUT See Lake Trout. close season for, in inland waters, 43. ii-ihing for, iu streams stocked by state, 75.' shipment of, raised in private hatcheries during close season, 73. WALL EYED PIKE — weight of which may be lawfully possessed, 54. WATERS— of state, division of, into outlying and inland, 41. what lakes are public and navigable, 101. pollution of, 85. 7G Index. [References are to paragraphs numbered by black figures.] WAUKESHA. COUNTY— buildings on ice of lakes of, for fishing purposes, 47. WHITEFISH— weight of, which may be lawfully possessed, 54. close season for taking, by nets in outlying waters, 55. WOODCOCK- close season for. 62. FISH AND GAME LAWS OB WISCONSIN. 1899. COMPILED UNDBK DIRECTION OF JAMKS T. ELLARSON, STATE FISH AND GAME WARDEN, JBHABY OF CONGRESS, RECEIVED 01 MVIS10N OF DOCUMENTS. MADISON, WIS.: DEMOCRAT PRINTING COMPANY, STATE PRINTER, I899. FISH AND GAME LAWS WISCONSIN. 1899. COMPILED UNDER DIRECTION OF JAMES T. ELLARSON STATE FISH AND GAME WARDEN, MADISON, WIS.: DEMOCRAT PRINTING COMPANY, STATE PRINTER, i8og. NOTICE. Notice is hereby given that all of the statutes herein published are in full force and effect except those sections tohich are amended by chapter 312, laws of 1899. On and after September 1, 1899, the statutes published herein will be in full force and effect. James T. I^llakson, State Fish and Game Warden, Madison, Wis. FISH AND GAME LAWS OF WISCONSIN. 1. State warden, apppointment, duties and salary. Section 1489, TV. S. 1899. The governor shall appoint a state fish and game warden, who shall hold his office for the term of two years from the date of his appointment and until his successor is appointed and qualified; and any vacancy occurring during said term shall be filled by the governor for the residue of the term. It shall be the duty of said warden to secure the enforce- ment of the law for the preservation of fish and game and to bring or cause to be brought actions and proceedings in the name of the state to recover any and all fines and penalties provided for. Such warden shall receive a salary of eighteen hundred dollars 'per year and his actual expenses and disburse- ments while traveling in the line of his duties, such expenses and disbursements to be audited upon vouchers therefor approved by the governor. He shall also be allowed the necessary printing, stationery and postage and shall be furnished a suitable office in the capitol. 2. Special deputy warden, how appointed — Powers. Section 1, ch. 312, 1899. Section 1498a, Wisconsin statutes of 1898, is hereby amended to read as follows: Section 1498a. The said warden may appoint, by and with the approval of the governor, thirty special deputy wardens who shall have like authority with the state fish and game warden in the enforce- 2 4 FISH AND GAME LAWS. ment of the laws relative to fisli and game. At least two and not more than four of said special wardens shall be appointed from eacli congressional district. Such special wardens may be removed by the state fish and game warden at any time and their places filled in like manner as at the original appointment. 3. County wardens, how appointed — How paid. Section 2, ch. 312, 1899. Section 1498b, is hereby amended so as to read as follows: section 1498b. Whenever the county board of any county shall by resolution authorize the appoint- ment of county wardens, and shall fix the number of the same it shall be the duty of the county judge, district attorney and county clerk, acting as a board of appointment, to select the persons for such positions and certify their names to the state fish and game warden, who shall, if in his judgment such persons will make competent and efficient deputy wardens, issue commissions as deputy wardens to such persons so designated. The com- pensation of each of said deputy wardens so appointed for such county shall be fixed by the board appointing the same, and be paid out of the county treasury the same as salaries of other county officers. 4. Wardens, deputy or county— to report. Section 3, ch. 312, 1899. All deputy wardens, whether special or county, shall make to the state fish and game warden full and complete reports of their transactions as such, according to the demand of the state fish and game warden, and shall at all times be held subject to his direction and control in the performance of their dnties. They shall also gather and transmit to the state fish and game warden any and all statistical information relative to fish and game as said state fish and game warden shall from time to time call for. 5. Special wardens— compensation— how paid. Section 4, ch. 312, 1899. The thirty special deputy wardens shall each receive a per diem to be fixed by the state warden, by and with the approval of the governor, which per diem FISH AND GAME LAWS. 5 shall include pay for such clays as each such deputy shall be under the direct order of the state warden to perform serv- ices in the enforcement of the fish and game laws, and upon certificate of said warden that such services have been actually rendered at his instance and under his direction. In addition to the per diem provided for, such deputies shall receive their actual necessary exj>enses incurred while working under the direc- tion of the state warden, which expenses shall be paid upon vouchers therefor approved by the governor and countersigned by said state fish and game warden. 6. Powers and duties of wardens and deputies. Section 1498c, W. S. 1898. The warden and his deputies shall each have full authority to execute and serve all war- rants and processes issued by any justice of the peace or police magistrates or by any court having jurisdiction under any law relating to fish and game, in the same manner as any constable may serve and execute such process, and arrest without warrant any person by him detected in actually violating any of the provisions of the law relating to fish and game, and may take such person so offending before any court and make proper com- plaint. It shall further be the duty of such warden and his deputies, upon receiving information that any law relative to fish and game has been violated, to immediately cause a thor- ough investigation to be made and proceedings to be instituted if the proof at hand warrants. Such warden and his deputies may seize and forthwith destroy any and all apparatus designated by any law relating to fish and game to be a public nuisance. It shall be their duty to seize and confiscate in the name of the state any fish or game caught, killed or taken in violation of any law or had in possession contrary thereto, to sell the same at public auction and pay the proceeds to the state treasurer, less the expenses of such seizure and sale. It shall also be their duty to seize and hold subject to the order of the court all apparatus, appliances or devices which either of them shall have reason to be- lieve is being used in the violation of the fish and game law, and «; FISH AND GAME LAWS. which is not designated by law as a public nuisance, and if it be proven that the same is or has been, within six months previous to such seizure, used in violation of law the court before which the said apparatus, appliance or device is taken may order the destruction or sale of the same to the highest bidder, after having declared it confiscated to the state. If sold to the highest bidder the warden or deptuy selling it shall remit to the state treasurer the amount received therefor, less the expense of seizure and sale. 7. Duty of police officers. Section 1498e, W. S. 1898. All sheriffs, deputy sheriffs, coroners and police officers are ex-officio deputy fish and game wardens, and it shall be the duty of each of them to assist the state warden or his deputies in the enforcement of the fish and game law upon notice being given to either of them that a viola- tion of law has been brought to the attention of such warden or either of his deputies. 8. Attorney general's duty. Section 1498f, W. S. 1898. The attorney general and his assistants shall advise the state warden concerning the dis- charge of his duties and assist him in the enforcement of the fish and game law, aid in the prosecution of cases arising under such law or in which said warden or any of his deputies shall be interested as such officers, and conduct the prosecution when for any reason said warden shall deem such prosecution neces- sary; assist him in the investigation of matters relative to the law protecting fish and game and the violations thereof in such other manner and at such times as shall be necessary. 9. District attorney's duty. Section 149Sg, W. S. 1898. It shall be the duty of every district attorney to prosecute actions for violations of the law relating to fish and game, when complaint is made by the state fish and game warden or any deputy, if his presence at the trial FISH AND GAME LAWS. 7 of such offender against such laws shall be deemed necessary by the magistrate before whom the same shall be brought. 10. Fines, how disposed of. Section 5, ch. 312, 1899. Section 1498h of the Wisconsin statutes of 1898 is hereby amended to read as follows: Section 149 8h. The fines collected under the laws regulating the taking, possession, killing or transportation of fish and game, including the violations of the acts relative to the granting and holding of licenses to hunt certain game, shall be paid by the magistrate to the county treasurer, and one-third of said amount so received as fines shall be by said treasurer designated and set apart as a fund for the protection of fish and game and to reimburse the county for the moneys which it shall expend for the enforcement of the fish and game laws. 11. Licenses, to scientists. Section 1498i, W. S. 1898. The warden may grant on satis- factory testimonials of well-known scientists only, a certificate to any member of an incorporated society of natural history 01 to any professor of any university, school or college, or any person properly accredited by any such institution, authorizing such person or institution to collect, for scientific purposes only,, the nests, eggs, animals, birds and fish protected by these statutes. No person to whom such certificate is issued or who acts under the same shall dispose of any such specimens except in exchange for scientific purposes. 12. Exemption from liability. Section 1498j, W. S. 1898. In the performance of his duties as warden or deputy warden, each of them shall be exempt from any and all liability to any person for acts clone or permitted or property destroyed under and by virtue of the authority of law. 8 FISH ATVD GAME LAWS. 13. Seizure of nuisance; fish and game, time to dispose of fish or game. Section 6, cli. 312, 1899. It shall be the duty of the warden, each of his deputies and of every sheriff, deputy sheriff, constable, or other peace officer to destroy forthwith any article or thing declared by law to be a public nuisance when found or taken in the unlawful use, which, according to law, makes the same a public nuisance; and no liability shall be incurred to the owner or any other person for such destruction. Said warden and each of his deputies may seize and take possession of, in the name of the state, any fish, venison, birds, fowl or game caught, taken or killed or had in possession contrary to the provisions of law relative to fish and game; and such fish, venison, birds, fowl or game caught, taken or killed or had in possession contrary to the provisions of law are hereby declared to be contraband and shall be sold by the warden or his deputy to the highest bidder; and any person purchasing the same shall have the right to use or dis- pose of the same in the same manner as though the said fish, veni- son, birds, fowl or game had been caught, taken, killed or were had in possession in accordance with the provisions of law, any- thing to the contrary notwithstanding; provided, that after the cost of seizure and sale shall have been paid the clear proceeds shall be paid into the state treasury and credited to the general fund. The right to have in possession and dispose of such fish or game so seized and sold shall expire five days after the date of the sale, and the protection to the purchaser given by this section shall then cease. 14. State warden to report when, to governor. Section 7, ch. 312, 1S99. Section 14981, Wisconsin statutes, is hereby amended to read as follows: Section 14981. On or before the thirty-first day of December in each year the state fish and game warden shall report to the governor the transac- tions of his department, including the work of himself and depu- ties, and such other information as may be valuable to the state FISH AND GAME LAWS. 9 concerning the enforcement of tlie fish and game laws during the year preceding. 15. Transportation ; penalty ; evidence ; private hatcheries. Section 1498m, W. S. 1898. Any person or corporation, or any agent or servant of the latter, who shall, for compensation or otherwise, transport any fish of either of the varieties for which a close season is prescribed by law, during such season, or use the stamp or brand hereinafter described in the shipment of any fish not raised in a private hatchery, or transport any of the animals, fowl or birds for which a close season is prescribed by law, during such season, or ship, carry or transport, offer or receive for shipment or transportation to any place beyond this state any feathered game protected by these statutes, except live birds and also fifty birds or fowl of any variety when the same are accompanied by and in the possession of the owner thereof, or ship, carry or transport or receive for shipment or transporta- tion to any place beyond this state any fish taken in the inland waters thereof, except that when such fish are in the personal charge of the owner thereof, he may carry out of the state twenty pounds or two such fish, and also trout raised in private hatcheries as hereinafter provided, or ship, transport or carry out of this state to sell or offer for sale any duck of any variety, or any snipe or plover between the first day of December and the next succeeding first day of September, shall forfeit not less than twenty-five dollars nor more than one hundred dollars for each such violation, to be recovered in a civil action brought in the name of the state by the state fish and game warden or one of his deputies. The possession of any such animals, fowl or birds during the close season therefor, for shipment or in transit, shall be prima facie evidence of the violation of this section. jSTothing herein contained shall prevent the shipment of trout raised in private hatcheries, the package or box containing which shall be branded with an iron brand as follows: "Shipped from the private hatch- ery of" (here insert the name of the owner and the location of the hatchery). It shall be the duty of every person, whenever any animal, fish or game of any of the kinds the taking, catching -(0 FISH AND GAME LAWS. or killing of which is prohibited by law at any or all times (except during the periods in which the same may be lawfully taken, caught or killed), is offered to him for transportation out of this state, to at once notify and give full particulars con- cerning such offer and by whom made, to the state fish and game warden or one of his deputies. All sections of these statutes relating to having in possession or under control, or the sale, shipment or transportation of any animal, fish, water fowl or bird, shall be construed to include any and all parts of the flesh and meat thereof. 16. Effect of statutes. Section 1498n, W. S. 1898. Nothing in these statutes con- cerning the protection of fish and game shall effect the operation of state or private hatcheries, the removal of fish which have died from natural causes from the waters of this state, the re- moval of deleterious fish, with the written consent and under the direction of the commissioners of fisheries, the propagation or transportation, collecting and transplanting of fish or fish fry by state authority, the propagation of fish in private waters or the transportation of fish therefrom in the manner directed by law, nor the transportation of fish into or through this state or out of it by the commissioners of fisheries of other states or of the United States. 1*7. Public nuisances, what are. Section 1498o, W. S. 1898. The following are declared to be public nuisances: 1. Any net of any kind prohibited by law while set, placed or found in any waters where such net is prohibited by law from being used. 2. All seines or other devices, traps or contrivances set or found in any waters in a manner prohibited by any law relating to such waters, and any and all boats found in use in the taking o£ fish in violation of any of the provisions of these statutes. FISH AND GAME LAWS. 11 3. All set lines, ropes or cables with more than one line attached thereto, either directly or indirectly. Set lines are construed to mean any line not held by the person using the same, whether having one or more hooks. This sub-division applies to inland waters only. 4. Any nets spread upon or under the surface of any of the waters of the state which shall or might entrap or ensnare any wild fowl of any kind. 5. Any trap, snares, spring gun, set guns or other device of contrivance which might entrap, ensnare or kill any animals, birds or water fowl protected by law. 6. Section 8, ch. 312, 1899. Any boats, lamps or lights when used in the unlawful taking or attempting to take fish or game. 7. Any pivot or swivel gun or other firearm, not habitually held at arm's length and discharged from the shoulder, while the same shall be in unlawful use. 8. Any screen set in the public waters of the state to prevent the free passage of fish, or set in any stream which shall have been stocked by the commissioners of fisheries. 9. Any boat, floating raft, box or blind set in open water or outside a natural growth of grasses or rushes sufficiently high to conceal the boat, raft or blind, or an artificial blind set in open water for the unlawful pursuit, hunting or shooting of any wild duck, goose or brant. Section 9, ch. 312, 1899. Sub-division 10, section 1498o, Wisconsin statutes of 1898, is hereby amended to read as follows: Sub-division 10, section 1498o. All decoys set in any of the waters of the state, during the close season for the hunting of any variety of water-fowl as prescribed by law, and any decoys- set in the water more than two hundred feet from the cover, which said cover shall be construed to mean the weeds, rushes- or other vegetation in which the hunter may locate, or any place in which the hunter shall wholly or partially conceal himself. 11. The unlawful use of any of the articles mentioned in this section, contrary to the provisions of law, shall forfeit the same, to the state, and upon their being found under any of the 12 FISH AND GAME LAWS. conditions which shall render them public nuisances as specified herein they may be immediately destroyed. 18. Licenses— Kinds — To whom. Section 10, ch. 312, 1899. Section 1498p, Wisconsin statutes of 1898, is hereby amended to read as follows: Section 1498p. The secretary of state shall issue licenses for the hunting of game in the manner and under the conditions hereinafter stated. All such licenses issued to non-residents shall be countersigned by the state fish and game warden. All fees for such licenses shall be paid to the secretary previous to the issuing thereof, and shall be by him paid to the state treasurer. The secretary of state shall procure the printing of all licenses for the hunting of game, and a record of such licenses issued to non-residents shall be kept in the office of the fish and game warden. All licenses to persons who are residents of the state shall be num- bered consecutively at the time they are printed, and shall be furnished by the secretary of state to the clerks of the several counties in the state. Such clerks shall issue the same upon the terms and conditions hereinafter provided. Two forms of licenses for non-residents shall be issued,, to-wit: One for hunt- ing of deer, and the other for the hunting of game protected by the laws of the state with the exception of deer. Provided, that a person holding a license for the hunting of deer is hereby authorized to hunt for any game protected by the laws of the state during the seasons and under the conditions prescribed by law, and during the calendar vear in which such license is issued. 19. Licenses — Non-resident — Transportation of deer un- der. Section 11, ch. 312, 1899. Section 1498q, Wisconsin stat- utes of 1898, is hereby amended so as to read as follows: Section 14-9 8q. Each license for the hunting of game issued under the provisions of law shall state for what year the same is granted, and shall be valid for no other period, nor for any time or sea- son than that which the law shall designate to be the open sea- FISH AND GAME LAWS. 1 o son for game permitted to be hunted, taken or killed by the terms of such license, subject to the proviso that all kinds of game can be hunted in their season and under the condition of law by a person holding a license for the hunting of deer. The licenses for non-residents of the state for the hunting of deer and the general game licenses for non-residents of the state shall each be numbered consecutively when issued from the office of the sec- retary of state, and be upon paper of color differing the one from the other; and both of these licenses provided for non-residents shall differ essentially in color from the licenses provided to be furnished to residents. The licenses shall contain the name and place of residence of the licensee, and such other matter and infor- mation as may be required by the secretary of state and the state fish and game warden, to identify the licensee or more perfectly guard against violations of law. The licenses issued to persons not residents of this state shall recite that the licensee is a non- resident of the state ; those prepared for issuance to the residents of the state shall state that the licensee is a resident; all coupons or stubs shall contain like information. Each license issued by the county clerks shall be provided with two stubs, indicating the number of the license, to whom granted, the residence of the licensee, and such other information as may be required by the secretary of state and state fish and game warden. One of such stubs shall be detached by the clerk issuing the license and shall be sent to the state fish and game warden by him; the other stub shall be retained in the office of the county clerk and become a part of the records. Each license for the hunting of deer, issued to a non-resident of the state, shall be provided with two coupons containing the essential information of the license relative to the number of the license and the licensee, and such other informa- tion as the secretary of state and the state fish and game warden may determine to embody therein, including the express state- ment that the licensee is a non-resident of the state. Each coupon shall be divided into three sections, lettered "A," "B" and "C," respectively. The holder of a non-resident license shall be entitled to offer for transportation and have transported with- in or without the state by a common carrier of this state one car- 14 FISH AND GAME LAWS. cass of a deer or part of a carcass of a deer on each of the two cou- pons attached to his license. The agent receiving the carcass or part of a carcass for transportation shall detach section "A" of the coupon on which the same is to be transported, and forward said section to the state fish and game warden. Section "B" and "C" are to be attached to the carcass or part of carcass of deer received for transportation, and all three sections of the coupon must be canceled by the said receiving agent with the date of reception for shipment and his initials written or stamped plainly thereon. While in transit within the state, sections "B" and "C" of the coupon must be on the carcass of deer or part of carcass of deer, or the said carcass or part of carcass shall be subject to seizure as con- traband game. If the place of delivery of said carcass or part of carcass is within the state of Wisconsin, the delivering agent of the common carrier or transportation company, shall before the delivery to the consignee, detach section "C" of the coupon, and forward said section to the state fish and game warden, leaving section "B" attached to the carcass or part of carcass. The receiv- ing and delivering agents or employes of transportation companies or common carriers required to transmit the the state fish and game warden sections of the coupons as herein required must so trans- mit the same within two days of the date of shipment or delivery respectively. If the carcass or part of carcass of deer be con- signed to a point without the state of Wisconsin the agent, servant or employe of the transportation company or common carrier who shall be in charge of the carcass or part of carcass while in transit within the state, shall detach section "C" of the coupon, and deliver the same to the agent, servant or employe of the transportation company or common carrier at the last sta- tion or place in the state where the train or other conveyance of the said transportation company or common carrier shall stop, and it shall be the duty of the said agent, servant or employe of the said transportation company or common carrier to whom said section of the coupon is delivered to immediately forward the same to the state fish and game warden, after writing or stamping thereon the name of the station or place and date of reception thereat of said section of said coupon. Any agent, FISH AND GAME LAWS. 15 servant or employe of any transportation company or common carrier who shall receive for shipment or transport, or have in his possession with intent to ship or transport any carcass of •deer or part of carcass of a deer without having the coupons or sections of coupons attached thereto as herein provided, or who shall refuse or neglect to detach the section of the coupons as herein provided, or who shall fail to transmit or forward to the state fish and game warden as herein provided the sections by him detached, shall be punished by a fine of not less than twen- ty-five dollars nor more than one hundred dollars, or by impris- onment in the county jail not less than thirty days nor more than three months, or by both such fine and imprisonment in the discretion of the court. No transportation company or com- mon carrier shall receive for transportation, or transport or at- tempt to transport any carcass of deer or part of a carcass ■of deer unless the same shall be received for transportation, carried and delivered pursuant to the provisions of this sec- tion relative to the coupons and parts of coupons, and shall only be received for shipment, carried or delivered during the season or time which the laws of the state shall fix as the open season for the transportation of carcasses of deer or parts of carcasses of deer. 20. Non-resident, who is— License for deer; other game. Section 12, ch. 312, 1899. Section 1498r, Wisconsin stat- uates of 1898, is hereby amended to read as follows: Section 149 8r. Every person who has not resided in this state for one year ]3revious to the time of applying for a license to hunt any of the game protected by the laws of the state of Wisconsin shall, for the purpose of obtaining a license to hunt game, be consid- ered a non-resident thereof, and shall, in order to be entitled to a license for the pursuing or killing of game in this state during the seasons or times which the law permits the hunting, pursuit or killing of game, pay to the secretary of state the following sums, to-wit: For a license to hunt deer in the season therefor as fixed by law, which said license shall include permission to 16 FISH AND GAME LAWS. limit any and all other kinds of game protected by law, in the sev- eral seasons or times fixed therefor, twenty-five dollars; for the hunting of all kinds of game protected by the laws of the state, in the seasons or times fixed therefor by law, with the exception of deer, ten dollars. The application for either of snch licenses shall state the residence of the applicant and answer snch other ques- tions or give such other information as may be required by the secretary of state and the state fish and game warden and be verified by the affidavit of the applicant that the residence stated and the answer made or information given are true. 21. Resident, who is— License/who to issue— Fee— Deer, how transported. Section 13, ch. 312, 1899. Section 1498s, Wisconsin stat- utes of 1898, is hereby amended so as to read as follows: Sec- tion 1498s. Every person who has resided in this state for one year previous to applying for a license to hunt game and who desires to hunt the same must first obtain a license from the county clerk of the county in which he resides, which said license shall be issued by said county clerk, under seal, upon blanks furnished by the secretary of state. Said license shall certify that the licensee is a bona fide resident of the state of Wisconsin and give a description of such person such as shall be required by the secretary of state and the state fish and game warden in the blank licenses furnished to said county clerk. The appli- cant for such license shall show that the licensee is a resident of this state, shall give his residence and his post office address, shall contain a description of his person, and such other infor- mation as shall be required by the secretary of state and the state fish and game warden, shall be verified by the affidavit of the applicant and some resident of the county other than him- self acquainted with the facts set forth in the application. The county clerk shall receive with each such application for license the sum of one dollar, ten cents of which he shall retain and the remainder he shall transmit to the state treasurer. The license so issued to any resident of this state shall have attached two coupons for the shipment of deer. Each coupon shall be FISH AND GAME LAWS. 17 divided into two sections lettered "A" and "B" respectively. The holder of a resident conpon license shall be entitled to offer for transportation or have transported within the state by a common carrier of this state one carcass of a deer or part of carcass of deer on each of the two coupons attached to his license. The agent receiving the carcass or part of carcass for transporta- tion shall detach section "A" of the coupon on which the same is to be transported and forward said section to the state fish and game warden. Section "B" is to be attached to the carcass or part of carcass of deer received for transportation and the two sections of the coupon must be canceled by the said receiving agent with the date of reception for shipment and his initials writ- ten or stamped plainly thereon. AYhile in transit section "B" of the coupon must be on the carcass or part of carcass of deer, or the said carcass or part of carcass of deer shall be subject to seizure as contraband game. The receiving, agent or employe of transportation companies or common carriers are required to transmit to the state fish and game warden section "A" of the coupon as herein required, must so transmit the same within two days of the date of shipment. Any agent, servant or employe of any transportation company or common carrier who shall re- ceive for shipment or transport any carcass of deer or part of carcass of deer without having the coupon attached thereto as herein provided, or who shall refuse or neglect to detach sec- tion "A" of the coupon as herein provided, or who shall fail to transmit or forward to the state fish and game warden as herein provided the section by him detached, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than three months, or by both such fine and imprisonment, in the discretion of the court. No trans- portation company or common carrier shall receive for transpor- tation, or transport or attempt to transport any carcass of deer or part of a carcass of deer unless the same shall be received for transportation, carried and delivered pursuant to the provisions of this section relative to the coupons and parts of coupons, and shall only be received for shipment, carried or delivered during 18 FISH AND GAME LAWS. the season or time which the laws of the state shall fix as the open season for the transportation of carcasses of deer or parts of carcasses of deer. 22. Non-resident, how may hunt. Section 14, ch. 312, 1899. It shall be unlawful and is hereby prohibited for any non-resident of this state to hunt for, pursue, take, catch or kill any of the animals, fowls or birds protected by the laws of this state without having in his possession at the time of such taking, catching or killing a license therefor duly issued to him under the provisions of this act. Only one license shall be issued to any person in any one year, except the same shall have been destroyed and a duplicate shall be issued upon proper proof. 23. Resident, how and when may hunt. Section 14a, ch. 312, 1899. It shall be unlawful, and is hereby prohibited, for any resident of this state to hunt for, pursue, take, catch or kill any of the aquatic fowls or deer pro- tected by the laws of this state or to pursue, take, catch or kill any of the other fowls or birds protected by the laws of this state with dog or dogs, without having in his possession at the time of such pursuing, taking, catching or killing, a license . therefor duly issued to him under the provisions of this act. Hunting without license. Form- of Complaint. State of "Wisconsin, ) )ss. County of . ) -, being duly sworn, says that on the — day of , in the vear 189- at said county, (name of the ac- cused) did pursue, (hunt or kill) (state what), without at such time being in possession of a license authorizing him, then and there, to pursue, (hunt or kill) animals, fowls or birds, contrary FISH AND GAME LAWS. 19 to the provisions of section , of chapter 312, of the laws of said state for 1899, and against the peace and dignity of the state of Wisconsin. Subscribed and sworn to before me this day of , A. D. 189- Jnstice of the Peace. 24. Wardens may examine records. Section 15, ch. 312, 1899. Section 1498t, Wisconsin stat- utes of 1898, is hereby amended to read as follows: Section 149 8t. The state fish and game warden, or either of his deputies may, at any time examine the records of licenses issued by county clerks. 25. Non-resident transportation of game out of state; limit of. Section 17, ch. 312, 1899. It is unlawful and is prohibited for any person holding a non-resident license as herein described to take out of the state more than fifty birds, fowls or animals, protected by the laws of this state, in any one year. Provided, that this section shall be construed to mean that when fifty birds, fowls or animals of any kind or variety have been taken from the state by holder of a non-resident license further right to take any kind of birds, fowls or animals by the holder of the said license shall cease. JnTo transportation company or common car- rier shall receive for transportation or shipment out of the state any birds, fowl or animals protected by the laws of the state, except when the same shall be in the personal possession of, or carried as baggage or express by the owner thereof, and such owner shall have in his possession at the time of such taking out of the state a non-resident license duly issued to him under the provisions of law, and shall accompany the said birds, fowls or animals on the same train or other conveyance of the com- mon carrier beyond the borders of the state. Any person who . shall violate any of the provisions of this section shall be pun- ished by a fine of not less than fifty nor more than two hundred 20 FISH AND GAME LAWS. dollars, or by imprisonment in the county jail not less than sixty days nor more than six mouths, or by both such fine and impris- onment, in the discretion of the court. 26. Resident, how may transport game. Section 18, ch. 312, 1899. It is unlawful and is prohibited for, any person a resident of this state to ship within or without this state any birds, fowls or animals protected by the laws of this state, except when the same shall be in the personal possession of or carried as baggage or express by the owner thereof, and such owner shall have in his possession a resident license duly issued to him under the provision of law, and shall accompany the said birds, fowls or animals on the same train or other conveyance. Any person who shall violate any of the provisions of this sec- tion shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars, or by imprisonment in the county jail not less, than sixty days nor more than six months, or by both such fine and imprisonment, in the discretion of the court. 27. Packages containing fish or game, how marked. Section 19, ch. 312, 1899. It is hereby required that any and all packages containing fish or game shall be labeled in plain letters en the address side of the package, so as to disclose the fact that said package contains fish or game, and the nature of the said fish or game so contained in said package. Any per- son who shall deliver to a common carrier for transportation any package or parcel containing fish or game, which said package or parcel shall not be so labeled as herein required, or who shall place upon said package or parcel a false statement as to the con- tents thereof, shall be punished by a fine of not less than twenty- five dollars nor more than one hundred dollars, or by imprison- ment in the county jail not less than thirty days, nor more than ninety days, or by both fine and imprisonment. FISH AND GAME LAWS. 21 28. Packages containing fish or game shall hear name of owner or consignor. Section 20, eh. 312, 1899. Every person delivering to a common carrier a package or parcel containing fish or game shall place upon said package the name and address of the owner or consignor of said package or parcel. Any person violating the provisions of this section, shall upon conviction thereof, be pun- ished by a fine of not less than ten dollars, nor more than fifty dollars. 29. Penalty for transporting fish or game without mark- ing. Section 21, ch. 312, 1899. It shall be unlawful and is hereby prohibited for any common carrier or agent, servant or employe of a common carrier, to receive for transportation or transport any package or parcel containing fish or game unless the same shall be labeled as provided in sections 19 and 20 of this act. Any person, firm or corporation violating the provisions of this section shall be required to x forfeit to the state of Wisconsin a sum not less than twenty-five dollars nor more than one hundred dollars, in the discretion of the court. 30. Packages, when officers may open. Section 22, ch. 312, 1899. It shall be within the power of' every officer charged with the enforcement of laws protecting fish and game to examine and open any package in the possession of a transportation company, which said package he shall sus- pect or have reason to believe contains contraband fish or game. It is hereby made the duty of every common carrier, agent, servant or employe thereof, to permit any officer charged with the enforcement of laws for the protection of fish and game to ex- amine and open any package or parcel in the possession of said common carrier, or agent, servant or employe thereof, which the said office^ so charged with the enforcement of said laws shall suspect or have reason to believe contains fish or game pro- tected by the laws of the state, and not entitled under such law 22 FI SH AND GAME LAWS. to be transported, or when the said officer shall suspect or have reason to believe that the said package or parcel is falsely labeled. Any person, firm or corporation refusing to an officer charged with the enforcement of the fish and game laws permission to examine or open any such package or parcel or shall in any man- ner hinder or impede such action by the said officer, shall forfeit to the state of Wisconsin a sum not less than fifty dollars nor more than one hundred and fifty dollars, in the discretion of the court. 31. Fish or game, when not to be brought into this state. Section 23, ch. 312, 1899. It shall be unlawful and is hereby prohibited for any person, firm or corporation acting as common carrier to bring into this state any fish or game from any state during the time that such other state prohibits the transportation of such fish or game from said state to a point without the same. Any person, firm or corporation violating the provisions of this section shall be required to forfeit to the state the sum of not less than twenty-five dollars nor more than one hundred dollars, in the discretion of the court. 32. Officers of other states, when may act in this state. Section 21, ch. 312, 1899. Any officer of any other state . who is by tho laws of said state authorized or directed to enforce the fish and game laws of said state is hereby designated and declared an agent of said state within this state. And it shall be lawful for said officer to follow any fish or game unlawfully shipped or taken from his state into this state and seize the same, and convey the same back to his own state, and so far as con- cerns said fish or game so shipped or brought from said state into this state, the laws of the state from which the same was brought into this state shall be declared to be and are hereby constituted the laws of this state concerning such fish or game. And trans- portation companies are hereby authorized to deliver to such offi- cer of another state, upon submission of proper proof of his offi- cial capacity, any fish or game so demanded or seized by him, and FISH AND GAME LAWS. 23 he, the said officer, is hereby authorized to take with him such fish or game to his own state. Or the said agent may dispose of said fish or game within this state, in accordance with the laws of the state from which the same was shipped, such disposition to be made under the supervision of an officer of this state author- ized and directed to enforce fish and game laws, and the expenses of such officer for his assistance shall be made a lien upon such fish or game, or the proceeds thereof. 33. Possession of fish or game during close season pro- hibited. Section 25, ch. 312, 1899. It shall be unlawful and is prohibited to have in possession during the close season therefor, any of the varieties of fish or game protected by the laws of this state, except whitefish and lake trout, whether the same shall have been lawfully or unlawfully taken, and it is hereby made the duty of any owner or occupant of any cold-storage warehouse or building used for the storage or retention of fish or game to permit the entry and examination of the premises by any officer authorized to enforce fish and game laws. And the said owner, occupant, or agent or servant, or employe thereof, shall' deliver to said officer or agent any fish or game in his possession during the close season therefor, whether the same shall have been taken within or without this state, and whether the same shall have been taken lawfully or unlawfully. Any person who shall have in his possession or under his control any fish or game protected by the laws of this state, or who shall refuse to permit any officer charged with the enforcement of fish and game laws, entry into any cold-storage warehouse, and possession of any fish or game therein contained, during the close season for such fish or game, shall be punished by a fine of not less than fifty dollars, nor more than one hundred and fifty dollars, or by imprisonment in the county jail not less than sixty days nor more than four months, or by both such fine and imprisonment. 24 FISH AND GAME LAWS. 34. Resident, when may keep deer meat. Section 25a, ch. 312, 1899. Any person residing in this state who shall lawfully kill any deer may keep and consume the meat thereof in his own family by serving a written notice on the game warden or deputy warden on or before the last day of the open season for killing of deer, which notice shall state as near as may be when and where said deer was killed and the number of pounds of venison then in his possession, and that the same is to be kept and used for his own family. 35. Title of fish and game in state. Section 26, ch. 312, 1899. Section 4560, Wisconsin statutes of 1898, is hereby amended to read as follows: The ownership of and the title to all fish and game in the state of "Wisconsin is hereby declared to be in the state, and no fish or game shall be caught, taken or killed in any manner or at any time, or had in possession except the person so catching, taking,, killing or hav- ing in possession shall consent that the title to said fish and game shall be and remain in the state of Wisconsin for the purpose of regulating and controlling the use and disposition of the same after such catching, taking or killing. The catching, taking, killing or having in possession of fish or game at any time, or in any manner, or by any person, shall be deemed a consent of said person that the title of the state shall be and remain in the state for said purpose of regulating the. use and disposition of the same, and said possession shall be consent to such title in the state whether said fish or game were taken within or without this state. 36. Wardens of other states, when agents of this state. Section 27, ch. 312, 1899. The state game warden of every other state, and his deputies and all other officers charged with the enforcement of fish and game laws are hereby designated the agents of this state for the taking possession of, seizing, hold- ing and disposing of any fish and game protected by the laws of this state. FISH AND CAME LAWS. 25 37. Fish or game from other states, when not to he Drought into this state. Section 28, ch. 312, 1809. It shall be unlawful and is pro- hibited for any person, firm or corporation or common carrier to ship into, or through this state from any other state any fish or game prohibited by the laws of said state to be shipped or transported and it shall be the duty of the state fish and game warden of this state or his deputy, to seize, hold, and dispose of, according to the laws of this state, any fish or game brought into or shipped into this state, or carried through, or attempted to be carried through this state, prohibited to be so shipped or trans- ported by the laws of any other state, and further to dispose of the same according to the laws of this state. Any person, firm or corporation violating the provisions of this act shall be re- quired, upon due proof thereof, to forfeit a sum not less than twenty-five dollars nor more than one hundred dollars, in the dis- cretion of the court. 38. License fees, how disposed of— Payment of wardens. Section 29, ch. 312, 1899. AIL such license money so re- ceived shall be set aside by the state treasurer and shall constitute a fund for the payment of the special deputy game wardens. The liability of the state for per diem salaries and expenses of deputy game wardens appointed under this act or otherwise and for all other services and expenses incurred, for any purpose under or in consequence of this act shall be limited to the license fees paid in pursuance of this act, and in no event shall the state pay any such salaries or expenses or be liable in any manner therefor. Except to the extent of such license fees re- ceived by it under this act, any contract, express or implied, of the game warden to the contrary notwithstanding. And said game warden shall not issue any voucher, nor shall the gov- ernor approve any voucher, if issued by said warden, under the provisions of this act or otherwise for any such per diem, salary, services, or other expenses of any kind, unless the money to 2(3 FISH AND GAME LAWS. pay such voucher, received for license issued under this act, shall at the time be on hand to pay the same. 39. Hunting without license; penalty. Section 30a, ch. 312, 1899. Section 4562a of the Wiscon- sin statutes of 1898, is hereby amended to read as follows: Sec- tion 4502a. Any person who shall pursue, hunt or kill game, protected by the laws of this state without being at the time of such pursuing, hunting or killing in possession of a license duly issued to him, which license shall cover the period in which he shall be so pursuing, hunting or killing such game, or who shall furnish to another person, during the open season for such game or permit such another person to have, during such season, a license issued to him, shall be fined not less than fifty dollars nor more than two hundred dollars, or be imprisoned in tin county jail not less than two months nor more than six months. 40. Waters classified. Section 4560a, W. S. 1898. All rivers, including the Mis sissippi river to the center of its channel, streams, lakes and other waters within the jurisdiction of this state are hereby designated as inland waters, except Lakes Michigan and Su- perior and the harbors and bays immediately connected there- with, Green Bay from the mouth of the Fox river, comment ing at the most easterly point in section 24, township 24 north of range number 20, east of the fourth principal meridian, being the angle between the third and fourth runs or courses of the survey of the meander line of said section 24 as shown by the' original plat of the survey of said township of record in the land office of this state, running thence south forty-five degrees east, until the line reaches the main land in township 24 north, of range number 21 east, Lakes St. Croix and Pepin. The waters herein excepted from the inland waters are declared to be out- lying waters. FISH AND GAME LAWS. 27 41. Close season — Bass— Mnskallonge— Pike. Section 1, ch. 31-1, 1809. Section 4560b of the Wisconsin statutes of 1898 is hereby amended to read as follows: Section 4560b. Any person who shall kill, capture or take by any device whatever, or any manner in any of the inland waters of this state, any black bass, muskallonge and pike, Oswego bass, or yellow bass between the first day of March and the twenty-fifth day of May next succeeding, (except that in Big Green lake in Green Lake county the closed season for such bass shall be from the first day of March to the first day of July next succeed- ing, and in Devils lake, in Sauk county, the close season for such bass shall be from the fifteenth day of December to tho fifteenth day of June, or who shall take or kill such bass in the waters of Geneva lake, in Walworth county, of a length less than six inches), shall be punished by a fine of not less than ten dollars nor more than twenty-five dollars, or by imprison- ment in the county jail for not more than ten days; but the close season above prescribed in this section shall not apply to Rush lake in Fond du Lac and Winnebago counties, or Genevr* lake in Walworth county. 42. Close season for trout. Section 2, ch. 311, 1899. Section 4560c of the Wisconsin statutes of 1898 is hereby amended to read as follows: Section 4560c. Any person who shall fish for, catch or kill in any of the inland waters of the state, with any device or in any manner, any variety of trout between the first day of September and the succeeding fifteenth day of April, or who shall sell, offer for sale or barter any brook trout caught in any of the streams, ponds or lakes of this state, shall be punished by a fine of not less than ten dollars nor more than fifty dollars, or by imprison- ment in the county jail not exceeding thirty days, or by both such fine and imprisonment; provided, that this section shall not prohibit the catching, for sale or barter, of brook trout raised and propagated in any of the streams, ponds or lakes of this state by the owners thereof or their agents. gg FlSH A1 ^ D CAME LAWS. Taking fish during" close season. Form of Complaint. State of Wisconsin, ) )ss. County of . ) , being duly sworn, says that on the day of , in the year 189 — , at said county, (name of the accused), did kill (capture or take), or did kill, cap- ture and take, in the stream, being a part of the inland waters of said state as defined by chapter 311 of the laws of Wis- consin for 1899, a (state what), during the close season therefor, contrary to the provisions of section 1 of said chapter, and against the peace and dignity of the state of Wisconsin. Subscribed and sworn to before me this day of : , A. D. 189- Justice of the Peace. 43. Nets, traps, and snares in inland waters. Section 3, cli. 311, 1899. Section 15G0d, Wisconsin statutes of 1898, is hereby amended to read as follows: Section 4560d. Any person who shall, except as provided herein, set, place or use in any of the inland waters of the state any net of any va- riety, or any trap, or any snare, of any kind, which shall be in- tended to or might catch, take or kill fish shall be punished by a fine of not less than twenty-five dollars nor more than one hun- dred dollars, and be imprisoned until such fine be paid, not ex- ceeding ninety days; provided, that dip nets may be used in said waters to take whitefish between the first day of November and the succeeding eighth day thereof, and in taking shiners, chubs, dace, suckers, carp, red-horse, sheepshead, dogfish, garfish, stur- geon, catfish and bullheads in any stream not frequented by or containing trout of any variety. Set lines may be used in the waters of lake Winnebago, lake Butte des Morts, lake Winne- conne, lake Poygan and the river connecting said lakes and the Mississippi river, for the purpose of taking catfish or sturgeon FISH AND GAME LAWS. £9 under the following restrictions : any person who shall put out a set line shall first procure from the county clerk of any county bordering on such waters, a license for that purpose, which shall be issued to him the same as hunting licenses are issued. lie shall also procure from the said county clerk and attach to each one hundred yards or fraction thereof of set line, a metal tag. The license shall be numbered and the metal tag issued to any license -holder shall be stamped to correspond with the number of the license. The licensee shall pay one dollar for such license and twenty-five cents for each metal tag. The proceeds thereof shall go to the county issuing the same to be used to enforce the state game laws. .No person shall assist in setting or in taking np a set line who does not possess a license. Any person who* shall set such line shall maintain at each end thereof a white flag not less than sixteen inches square, and such flag shall be placed at least two feet above the water, and shall be numbered with figures at least three inches in size to correspond with the number of the license possessed by the person setting the line. Any game warden or deputy game warden or person having the powers of the game warden within the provisions of the laws of this state, is authorized to raise at any time, with as little dam- age as may be, any set line to see if the same is set according to the provisions of this act. The state game warden is hereby au- thorized and required to furnish to county clerks, upon applica- tion, the licenses and tags provided for herein. Any person who shall be convicted of violating the provisions of this act shall, if he possesses a license under the provisions of this act, forfeit the same and shall not be granted another license for the term of three years, and shall be further punished by a fine or imprison- ment, as provided by section 45601. Set lines set in violation of the provisions of this act shall be considered public nuisances. 44. Spearing fish in inland waters. Section 4, ch. 311, 1899. It shall be unlawful, and is pro- hibited, to use a spear for the purpose of taking, catching or kill- ing any fish in the inland waters of the state, except suckers, 30 FISH AND GAME LAWS. carp, sheepshead, dogfish, garfish, redhorse, sturgeon, catfish and bullheads, and other fish not protected by the laws of the state. And it shall be unlawful to use a spear for the taking of these fish so mentioned and excepted only in the daytime. Any person who shall use a spear for the purpose of taking or attempting to take any fish of the varieties protected by the laws of the state, or who shall use said sp^ar in such taking or attempting to take at any other time than in the day time shall be deemed guilty of a misdemeanor and be punished by a fine of not less than ten, nor more than fifty dollars, or by imprisonment in the county jail not less than thirty nor more than ninety days. Form of Complaint. State of Wisconsin, ) )ss. County of . ) — , being duly sworn, says that on the day of , 189 — , at said county, (name of the ac cused) did unlawfully set, place and use in the stream (river, lake or pond) known by the name of , the same being one of the inland waters of said state as defined by section 4560a of the Wisconsin statutes for 1898, a net, the same not being a dip net (if a trap or snare net was used make the allegation accord- ing to the fact) which was intended to and might catch, take and kill fish ; that said net (trap or snare, as the case may be) was set, placed and used contrary to the provisions of section 3, of chap- ter 311, of the laws of Wisconsin for 1899, and against the peace and dignity of the state of Wisconsin. Subscribed and sworn to before me this day of , A. D. 189- Justice of the Peace. [If the offense consists in setting a dip net, the complaint must negative the fact that it was set to catch whitefish between the first day of November and the succeeding eighth day of Novem- ber; and also that it was used in taking shiners, chubs, dace, suckers, sheepshead, dogfish, garfish, redhorse, sturgeon, catfish and bulkheads in any stream not frequented by or containing trout of any variety.] FISH AND GAME LAWS. 3] 45. Unlawful fishing in such waters. Section 1560e, W. S., 1898. Any person who shall take, catch or kill any fish in any of the inland waters by any other method than angling or trolling, except as the law otherwise provides, shall be punished by a fine of not less than ten dollars nor more than fifty dollars, or by imprisonment in the county jail not less than thirty days nor more than sixty days. 46. Vse of explosive. Section 45601", W. S., 1898. Any person who shall take, catch or kill fish of any variety in any of the waters of this state by means of dynamite or other explosive, or place in any such waters any dynamite or other explosive which, if exploded, would or might cause destruction to fish therein, except when such dynamite or other explosive is used by public authority or for the purpose of clearing a channel in any stream or water for log driving or the actual construction of improvements, shall be punished by a fine of not less than twenty-five dollars nor more than two hundred and fifty dollars, or by imprisonment in the county jail not less than sixty days nor more than six months. Form of Complaint. State of Wisconsin, ) )ss. County of . ) , being duly sworn, says that on the day of , 189 — , at said county, (name of the ac- cused) did unlawfully take, catch and kill fish (designate the va- riety if possible) in and from the water known as , (nam- ing the stream, river, lake or bay) in said state by means of dyna- mite (or if other explosive, naming the kind) ; or that said (name of the accused) on said day and at said county placed in said water dynamite (or if other explosive, naming the kind) which, if exploded, would and might cause destruction to fish in said water, and that said dynamite (or other explosive), 32 FISH AND GAME LAWS. was not put into the water aforesaid by any public authority, nor for the purpose of clearing a channel therein for log-driving purposes, nor for the actual construction of improvements therein, contrary to the provisions of section 1560f, of the W. S. for the year 1898, and against the peace and dignity of said state. Subscribed and sworn to before me this — — day of — — , A. D. 189- Justice of the Peace. 47. Fishing through ice. Section 5, ch. 311, 1899. Section 4560g of the Wisconsin statutes of 1898, is hereby amended to read as follows: section 4560g. Any person who shall fish through the ice on any of the inland waters of this state with more than five lines to each person, and with more than one hook to any line, or who shall construct upon the ice of said waters, except Sturgeon bay, Ge- neva lake, in Walworth county, and Winnebago lake, and the Mississippi river, any building or enclosure of any nature what- soever which shall conceal the person of the occupant while en- gaged in fishing through the ice, or who shall occupy any build- ing or enclosure while engaged in so fishing, shall be punished by a fine of not less than twenty dollars nor more than fifty dollars,, or by imprisonment in the county jail not more than thirty days,, Form of Coin plaint. State of Wisconsin, ) )ss. County of . ) ■ , being duly sworn, says that on the — day of , 189 — , at said county, (name of the accused) did unlawfully fish through the ice on the river known by the name of (or on the pond, lake, bay or stream known by the name of ,) said river being one of the in- land waters o" said state within the meaning of chapter 311 of FISH AXD GAME LAWS. 33 the laws of Wisconsin for 1899, and contrary to the provision? of section 5 of said chapter of said laws, and against the peace and dignity of the state of Wisconsin. Subscribed and sworn to before me this of . A. D. 189— . Justice of the Peace. 48. Entry into, buildings. Section 4560b, W. S., 1898. Any person owning or occupy- ing any building or inclosure constructed on any of the inland waters of the state, except Sturgeon Bay. who shall refuse to open the same upon demand of the state fish and game warden, either of his deputies or any other officer and permit any such officer to investigate the nature thereof, upon demand made by him to that effect, shall be fined not less than twenty nor more than fifty dollars, and any such officer shall destroy such struc- ture as a public nuisance, and shall not be held liable therefor in any civil or criminal action. 49. .Medicated bait, etc. — Fishways. Section 4560i, W. S.. 1898. Any person who shall use, set, lay or prepare in any of the waters of the state any trap, lime, poison, medicated bait; fish berries or any substance deleterious to fish life or which might attract the fish in unusual quantities, or who shall fish for, catch, kill or take by any device or in any manner in any stream any fish within one hundred feet of any fish way or have in possession or under control any fish so taken, killed or caught shall be punished .by a fine of not less than ten dollars nor mere than fifty dollars, or by imprisonment in the county jail not less than thirty days nor more than ninety days, or by both such fine and imprisonment. 50. Fishing in waters of Walworth, Waukesha, and Sauk counties. Section 6, ch. 311, 1S99. It shall be unlawful, and is pro- hibited, for any person to fish in any of the waters in Walworth 34 Y1S11 AND GAME LAWS. county (excepting Geneva lake), in Pewaukee lake, in Waukesha county, or in Devil's lake, Sauk county, between the first day of December and the twenty-fifth day of May next succeeding. Any person who shall violate any of the provisions of this section shall be punished by a fine of not less than ten dollars nor more than twenty-five dollars, or by imprisonment in the county jail for not more than ten days. 51. Net fisliing in Lake Superior and Lake Michigan. Section 7, ch. 311, 1899. Section 1560j of the Wisconsin statutes of 1898, is hereby amended to read as follows: section 4560j. Any person who shall set or cause to be set in the waters of Lake Superior within one mile of the main shore thereof, within the jurisdiction of this state or in the entire Che- quemagon Bay, or waters south of an east and west line drawn from the extreme northwest end of Long Island or Chequamegon point to the mainland in Bayfield county, or in the waters of Lake Michigan, commencing at the state line south and running north to the north line of Racine county, any seine, gill, pound or fyke net, shall be punished by a fine of not less than twenty- five dollars and not more than one hundred dollars or by im- prisonment in the county jail not less than thirty days nor more than three months. Form of Complaint. State of Wisconsin, ) )ss. County of . ) , being duly sworn, says that on the day of , in the year 189 — , at said county, (name of the accused) did unlawfully set (or cause to be set, if such is the fact, by ) in the waters of Lake Michi- gan, within one mile of the main shore thereof, commencing at the state line south and running north to the north line of Racine county, and within the jurisdiction of said state, a seine (or gill, pound or fyke) net, contrary to the provisions of section 7, chap- FISH AND GAME LAWS. ter 311, of the laws of Wisconsin for 1899, and against the peace and dignity of the state of Wisconsin. Subscribed and sworn to before me this day of , A. D. 189—. Justice of the Peace. [If the offense was committed in any of the other waters men- tioned in the section vary the statement of it, using the words of the statute so far as practicable.] 52. Nets in Green Bay. Section 4560k, W. S., 1898. Any person who shall set or use or cause to be set or used in the waters of Green Bay any gill, pound, fyke, seine, dip, crab or any other net from the first of April to the succeeding first day of May in each year, except that a dip net or minnow seine may be used for the purpose of catch- ing minnows for bait only, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars and be imprisoned until such fine shall be paid, not exceeding ninety days; provided, that this section shall not apply to the taking of whitefish, lake trout or herring. 53. Nets in Sturgeon Bay. Section 45601, W. S., 1898. Any person who shall set or use at any time in the waters of Sturgeon Bay (which shall be consid- ered that portion lying south of a line from the Sherwood Point light house, said line running easterly to the shore, terminating at a point where the south line of lot number 1, in section 19, township 28, range 26 east, intersects the meander line of Stur- geon Bay in Door county, and including also the waters of Saw- yer's Harbor) any net of any kind or other device for trapping fish, except that a dip net or minnow seine may be used to catch minnows for bait only, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars and be imprisoned until such fine shall be paid, not exceeding ninety days. 3