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ing the amounts due it from such sales. Failure of any county, city or village clerk to make remittances of moneys received from the sale of licenses as hereinabove provided, shall render such clerk liable to punishment for embezzlement.
Within ten days after the expiration of the time in which any class of licenses are useable (usable), the respective clerks possessed of blank forms thereof shall return same to the Department by express, with express charges collect.
County, city and village clerks shall not be permited to make deductions from remittances sent to the Department for either postage or for the cost or fees for drafts or money orders.
County, city or village clerks handling or selling licenses as aforesaid shall be liable to the State, personally and on their official bonds, for the full value of licenses sold and unaccounted for as herein provided. No
person shall at any time alter or change in any manner, or loan or transfer to another, any license or permit issued under the provisions hereof.
(a) TRANSPORTATION OF GAME. (b) TRANSPORTATION OF FISH.
(a) TRANSPORTATION OF GAME. § 62. TRANSPORTATION AND SHIPMENT.] Whenever the words "transport" and "ship’ are used in this Act, they shall mean by parcel post, express, freight, baggage or by a common carrier of any description; or by automobile, motorcycle or other vehicle of any kind; or by water or air craft of any kind.
§ 63. TRANSPORTATION WITHIN THE STATE.] It shall be unlawful to ship or transport within the State any of the game birds or wild animals protected herein, unless the same shall be under a shipping permit issued under and subject to the provisions of section 58 of Article 5, or unless the same shall be in the personal possession of and carried open to inspection by the owner thereof, and such person shall have in his or her possession at the time a hunting license duly issued to him or her under the provisions hereof.
§ 64. TRANSPORTATION OUT OF THE STATE.] It shall be unlawful for a non-resident of the State to take from the State to exceed in the aggregate fifty game birds and animals of all kinds protected by the provisions hereof. "The same shall be carried, open to inspection in the personal possession of the owner thereof who shall have in his or her possession at the time a non-resident hunting license. $ 65.
TRANSPORTATION FROM WITHOUT THE STATE.] It shall be unlawful for any transportation company or common carrier to transport into this State from without the State any game bird or wild animal protected under the provisions hereof, except rabbits between the 1st day of November and the 31st day of January (both inclusive) of the succeeding year, and deer lawfully killed and lawfully shipped.
$ 66. TRANSPORTATION OF GAME RAISED IN CAPTIVITY.] It shall be unlawful to transport, or for any transportation company or common Carrier, to accept for shipment any game birds or wild animals raised in captivity, or carcasses thereof unless the same shall be offered for shipment by the holder of a breeder's permit, authorized to be under the provisions hereof, and such shipment shall be plainly tagged so as to show the contents thereof, the name of the shipper, his place of residence, the place from where the shipment is made, its destination, name of the consignee and the number and date of the breeder's permit.
(b) TRANSPORTATION OF FISH. $ 67. TRANSPORTATION OF FISII.] It shall be unlawful for any railroad company, express company, steamboat company or common carrier to receive from any person any fish caught or taken in or from any waters, wholly or in part within the jurisdiction of the State or over which the State has concurrent jurisdiction with any other state, for shipment unless the person so tendering such fish for shipment has obtained and presents a wholesale fish market or dealer's license as provided for herein.
There shall be attached to every box, barrel, crate or other receptacle containing fish shipped, or offered for shipment, a tag on which shall be printed or written, or partly printed and partly written, the different varieties of fish contained therein, the number of pounds of each variety, the name and place of business of the consignor, and of the consignee, and the number of the wholesale fish market or dealer's license of the consignor.
It shall be unlawful to falsely label any tag attached to any box, barrel, crate or other receptacle in which fish are shipped, or cause the same to be done or to conceal or to attempt to conceal the information herein above provided to be placed upon such tag.
It shall be lawful for any person to carry with him or her, or transport as baggage on any train or conveyance for which he or she has purchased a transportation ticket, one package and no more at any one time during any one day, containing not more than twenty-five (25) black bass, pike pickerel or pike perch (commonly known as wall-eyed pike, jack or yellow salmon) legally caught and taken in the waters under the jurisdiction of the State. When such a package is offered as baggage, the same shall be plainly labeled so as to show the name of the person transporting same and the place to which it is to be transported.
PROPAGATION OF GAME
(a) GAME, FISH AND MUSSEL PRESERVES. (b)
AND FISH. (c) DAMS AND FISHIWAYS. $ 68. GAME PRESERVES.] The Department shall have power and authority to establish reservations or refuges, wherever it shall be deemed necessary or feasible, for the protection and propagation of game birds
and wild animals and refuges and sanctuaries for song and insectivorous birds. The land for such reservations shall be leased by the State at a nominal rental of one dollar a year for each parcel. On such reservations the Department may plant not to exceed five acres for each one thousand acre reservation in suitable grain for feed, and for such parcels so planted the Department may, if required so to do, pay a rental not to exceed the usual and customary rentals of similar land in the locality.
It shall be unlawful to hunt, kill, destroy, trap or ensnare in any manner any birds or wild animals found upon any such reservation.
Notices of the establishment of game preserves shall be posted in conspicuous places surrounding the same.
The Department shall have power and authority to set aside designated lands and bodies of water, or parts thereof, as rest grounds or refuges for water fowls and shore birds for conservation purposes, and to prevent the hunting, taking or killing of water fowls and shore birds found upon such rest grounds or refuges so set aside and established.
Notices of the establishment and setting aside of such rest grounds, or refuges shall be inserted once in a newspaper of general circulation published in the county seat of the county in which such lands or waters are located, and notices shall also be posted in conspicuous places surrounding such rest grounds or refuges.
It shall be unlawful to hunt, kill, destroy or attempt to hunt, kill or destroy any water fowls or shore birds upon any such rest ground or refuge.
$ 69. FISII PRESERVES.] The Department shall have power and authority, in its discretion, to set aside waters within the jurisdiction of the State as fish preserves, in which it shall be unlawful to take, catch or kill fish, or attempt so to do, except as hereinafter provided.
Upon the establishment of such fish preserves, notices of such establishment shall be inserted once in a newspaper regularly published in each of the counties in which such designated waters are located, or if there be no newspaper published in any such county, then notice of such establishment shall be once inserted in a newspaper published in the county nearest to which such waters are located.
Notices of the establishment of such fish preserves shall also be posted in conspicuous places surrounding or along the route of the waters designated.
It shall be unlawful to take, catch or kill, or attempt to take, catch or kill, any fish except minnows, in a duly established fish preserve except by means of hooks and lines, or by means of a set, trout or throw line, and set lines shall not be baited with minnows, chubs or frogs, or anything but dead bait.
shall be u kful to catch or take, or to attempt to catch or take mussels in or from the waters of any fish preserve between the fifteenth day of April and the first day of June, both inclusive, of any year.
$ 70. MUSSEL PRESERVES.] The Department may from time to time, when deemed feasible for the conservation of the mussels of the State, prescribe waters from which mussels shall not be taken for com
to eminent domain, suitable submerged or partly submerged lands for the breeding, hatching, propagation and conservation of fish.
mercial purposes for periods of time not exceeding five (5) years, except that not more than one-half of the mussel producing waters of the State shall at any one time be closed.
Sotices of mussel preserves so established shall be inserted once in a newspaper regularly published in each of the counties in which the waters designated are located, or if there be no newspaper published in any such county, publication of such notice shall be made in a newspaper published in the county nearest to such waters.
The establishment of such mussel preserves shall not become effective until thirty days after such publication.
It shall be unlawful to take, catch or kill, or attempt to take, catch ör kill mussels for commercial purposes in mussel preserves so estabished.
$ il. MUTILATION OF NOTICES.] It shall be unlawful for any person to deface, obliterate, tear down or destroy in whole or in part, or attempt to deface, obliterate, tear down or destroy any notice or proclamation posted pursuant to the provisions of this article.
(b) PROPAGATION OF GAME AND FISH. $ 12. PROPAGATION OF GAME.] The Department and persons specially authorized by it, may catch, take, ensnare or entrap any game or wild birds or wild animals for propagation and stocking purposes, and when so taken may transmit them to parts of the State where a scarcity of may [any such game or wild birds or animals exist, for the purpose of re-stocking such parts of the State.
The Department shall have power and authority to select and purchase
, receive in donation or acquire, in accordance with the laws relating to eminent domain, suitable lands for the breeding, hatching, propagation and conservation of game birds, wild animals and song or insectivorous birds.
§ 73. PROPAGATION OF FISH.] The Department and persons specially authorized by it, may catch and take fish in any way at any time, from such waters as may be deemed feasible and remove therefrom objectionable fish such as gar and hickory shad and rough fish such as carp, buffalo, red horse, shad and suckers, for propagation purposes and for the welfare of fish remaining in such waters.
The Department and persons specially authorized by it, may further Tescue fish from shallow waters, where fish are liable to die as a result
The Department shall take all measures within its means for the propogation and increase of native fish and for the introduction of new Tarieties of fish into the different waters of the State.
The Department shall have power and authority to select and purchase
, receive in donation, or acquire in accordance with the laws relative
of a drought.
(c) DAMS AND FISHWAYS. $ 74. DAMS AND FISH WAYS.] It shall be the duty of every person who owns or controls, or who may hereafter own or control any dam o other obstruction across any watercourse within the jurisdiction of th State, to erect or cause to be erected, in connection with such dam, o obstruction, a durable and efficient fishway, so that fish in such water course may have free access over or through such dam or obstruction Such dams, obstructions and fishways built or erected therein shall be kept in good repair by the person owning or controlling the same, so a: to at all times permit of the passage of fish over or through the same
In case the owner or person operating or using any dam or other obstruction across any watercourse in the State shall fail or refuse after ten days' notice in writing by the Department, to construct or repair a fishway, the Department may construct or repair the same and recover the cost thereof from the owner of such dam or obstruction in any court of competent jurisdiction. No owner, or party in control of any dam or obstruction to any watercourse within the State, shall be required to construct a fishway in such a manner as to endanger the permanent durability of such dam or obstruction, or to impair their usefulness, and every owner of such dam or obstruction shall, after the construction or repair of fishways therein, or construction or repair thereof by the State and after the payment of the cost thereof, be entitled to receive a certificate from the Department to the effect that such fishways have been constructed or repaired in compliance with the provisions of the law.
The Department shall determine the location, character and kind of fishways to be built in dams or obstructions where none exist, and in case any differences arise between the Department and the owner of a dam or obstruction over a watercourse within the State, with reference to such questions, or with reference to the impairing of the usefulness of such a dam or obstruction by the construction of fishways therein, the same shall be submitted to a board of arbitrators, one to be chosen by the Department, one by the owner of such dam or obstruction and the third to be chosen by the two, or if they are unable to agree, then by the Governor of the State, and the decision of the three arbitrators shall be binding upon both the Department and the owner of such dam or obstruction.
PROSECUTIONS, CONFISCATIONS, SEARCH WARRANTS AND PENALTIES. $ 75.
DUTIES OF OFFICERS AND EMPLOYEES OF THE DEPARTMENT AND OTHER OFFICERS.] It shall be the duty of all duly accredited officers and employees of the Department, and all sheriffs, deputy sheriffs, constables and other police officers to arrest any person detected in violation of any of the provisions of this Act.
It shall further be the duty of all such officers, to make prompt investigation of any violations of the provisions of this Act reported by any other person, and to cause a complaint to be filed before a court