Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1893-03-23
AS To GAME AND FISH.
Provisions of the Act of the Last Leg
islature for Their Protection.
Severe Penalties Provided for Viola
lation of Its Provisions.
NO FISHING IN MAY OR JUNE.
Helena Independent

Inc legislature, at It's session re-
Gently, passed a law for the protection
OF game and fish. Many inquiries
have since been made by sportsmen
regarding the new law, and for their
benefit it's provisions are given below.
The law makes it a misdemeanor to
shoot or otherwise kill, for a period
of ten years, any bison, buffalo, quail
or Chinese pheasant; and for a period
of six years it likewise protects moose,
elk, otter and beaver. The penalty
for each offense is from 5000 to $500
fine, or Imprisonment in the county
Jail for from two to six months, or
both fine and Imprisonment, at the
discretion of the court. The posses
sion of the skin or meat, or Offering
for sale the unmounted head or horns
of any such animals during the period
mentioned, Is to be prima facie evil
dence that the person having them
has killed the animals in violation of
law. At the expiration of the time OF
prohibition, the open season for kill
ing the animals or birds named is to
be from August Is to December Is.
No female bison, buffalo or moose can
be shot even then. The penalties for
violation are the same as for killing
them during the periods ofprohibition.
The open season for white tail deer,
black tail deer, mule deer, mountain
sheep, Rocky mountain goat and ante
lope is also from August 15 to Decem-
Der Is. The penalty for killing them
out of season is from $50 to $1OO fine
for each offense, or Imprisonment in
the county jail for from thirty to sixty
days. The above provisions are not
to apply to persons who have raised
or own the animals they kill, or to
those who have to kill beaver to pro-
tect their water rights. No one, how
ever, can catch any beaver on private
property without consent of the owner.
A penalty OF from $50 to 5000 fine,
or from one to six months in the
county Jail, or both fine and imprison-
ment, is imposed on any one shooting
OT OUncTWlSo kllliuS dScI, ihOuhtdlh
sheep, Rocky mountain goat or ante
lope for the purpose of procuring their
head or hide only, or for purely specu-
lative purposes, or for market or sale.
A further fine of from $40 to $25 is
imposed for hunting, chasing, hound
ing or running them with dogs at any
time of the year. Marten and fisher
cannot be trapped sor shot between
April 1st and October 1st under
penalty of from SO to $25 for each
offense. From August 18th to No
vember 18th is the open season for
grouse, prairie chicken, pheasant, fool
hen, sage hen, partridge and snipe.
To kill them out of season or to kill
them for speculative purposes or for
the market, or Offering them for sale
is punishable by from S25 to $50 fine
for each offerse. The open season for
wild geese or wild ducks, brant or swan
is from September 1st to January 1st.
To shoot them at other times means
a fine of from $40 to S25 for each Of
tense, or not over thirty days in the
county Jail, or both fine and imprison-
ment 1t is made unlawful to shoot
robin, meadow lark, thrush, fecker or
yellow hammer, oriole, mocking bird,
gold finch, snow bird, cedar bird or
any other small birds known as sing
ing birds at any time, under penalty
of from So to SO fine for each offense,
or Imprisonment in the county jail for
not over thirty days, at the discretion
of the court. The same penalty is pro-
vided for willfully destroying the nests
or carrying away the eggs of any birds
or wild fowl mentioned in the act, and
the possession of their bodies is prima
facie evidence that the possessor is
guilty of killing them.
The main provisions of the new law
on the subject offishing are as follows:
| A fishing tackle consisting of rod or
pole, line and hooks, is to be the only
lawful means by which fish may be
taken in any of the waters of the state.
The hook must not be baited with any
poisonous drug or substance and it is
unlawful to make any dams or use any
fishtraps, grab hooks or similar means
for catching fish. No speckled or
mountain trout can be caught at any
time for speculative purposes, or for
marke. or for sale, and it is unlawful
for any person to sell or offer for sale
any speckled or mountain trout
within the boundaries of this state:
provided, that q seine or catch net
having a mesh or net less than one
inch square may be used in the Mis-
souri, river below the Great Falls and
in the Yellowstone river below Clark 4
fork. Nothing in the act is to prevent
the use of seins or nets for the epurpose
of taking fish to be transplanted into
private ponds, fish FOOLS, fountains,
Iequariams, for the purpose of breed,
ling; provided, that no speckled or
mountain trout, or other small fish,
can be taken or caught, except from
private ponds by owners, in any man
ner, during May or June. All bitches
or drains leading from natura
streams must be protected at the
Junction of the ditch or drain with the
natural stream by a CRATE OF no,
less than one-half inch in mesh. Th'
lgrate must be placed at the junction
on September L, and removed OF
March 1 of each year. 1t is the duty
of the person or persons using th'
ditch or drain to see that the CRATE /.
placed in proper condition and KEEP
in repair. Any violation of these pro
visions is a misdemeanor, punishabl
upon conviction by a fine of not les
than $40 nor more than $100, or i'm
prisonment for not more than 81,
months, or by both fine or imprison
ment.
The use of giant powder or othe
Explosive compound to catch or xii
fish is made a felony, and any on
caught at that practice is, upon con
viction, to be punished by from 500
to $500 fine or imprisonment in tn
, penitentiary for from one year t.
I, three years, or both fine and impris
onment. There must be constructe;
at all dams on any stream a fishwa,
Ior ladder from three to six feet II