The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-03-08
THE KIRKMAN FISH LAW
FULL TEXT OF THE BILL PASSED BY
THE LEGISLATURE.
The Emergency Clause Was Stricken
Out, and the Law VIII Become
Operative i'm May.

mas Deen passed Dy DOtn houses anu mas
been signed by the Governor. The Senate
struck out the emergency clause. so that
the measure will not become a law until the
acts of the Legislature have been printed
and forwarded 10 the different counties.
This will probably be the latter part of
May. The bill reads as follows:
Section l. Be ii enacted by the General
Assembly of the State of Indiana, That it
shall be unlawful for any person or persons
nrm or corporation, TO suffer or permit any
dye-stuff, acid, coal tar. oil, lOgwood or
other refuse matter and substances to be
thrown, run or drained into any of the
waters Of this State In quantities sufficient
to inJure or destroy the lives of fish which
may inhabit the same at or below the point
where any OF such substances are dis
charged or permitted to flow into such
TO violate the provisions Of this section
shall be fined not less than $25 nor more
than 500 for each offense.
Sec. z. The use of dynamite or other eX-
plosives in any of the waters of the State is
prohibited, except by the special permission
OF the commissioned of fisheries and game,
or his chief deputy, and then only for min
ing or mechanical purposes. Any one vio-
latlng the provisions of this section shall,
upon conviction thereof, be fined in any
sum not less than $3.50 nor more than $1,000,
to which may be added Imprisonment in the
county Jail for any period not less than
thirty days nor more than one year, and
lined In the sum OF $500 and Imprisonment
in the state prison for not less than one
year and not more than three years.
SPEARING, SEEMING, ETC.
SEC. 3. 1t shall be unlawful to take.
catch or kill or attempt TO take, catch or
Kill any fish in any of the waters Of this
State by means of any spear. seine, pond
net, set net, trammel net, gill net, dip net
or any other kind of net or trap, or to kill
or destroy or attempt to kill or destroy any
fish by the use of Indian cookie, fish ber-
ries or other substances which have a ten
dency to stupefy or poison fish. Provided,
that the provisions of this section shall not
apply to the waters of Lake Michigan, pri-
Vate ponds, the Ohio river, the Wabash
river so far as 1t is the boundary line be-
tween the States of Indiana and Illinois,
except that ii shall be unlawful to use any
net, seine or trap in the Ohio or Wabash
rivers, so far as the same Is a boundary
line between the States of Indiana and Illi-
nois, within one hundred yards of the
mouth OF any stream emptying into such
rivers from the Indiana side; Provided;
minnOws for bait with a glass minnow trap
or a minnow seine, which shall not be more
than twelve feet long, four feet deep and
the meshes of which shall not be larger
than one-fourth of an inch. Whoever vio-
lates any of the provisions OF this section
shall be deemed guilty of a misdemeanor.
and upon conviction thereof shall be fined
not less than $40, TO which may be added
Imprisonment in the county Jail for any
period not 10 exceed thirty lays, anu lot Il
second and subsequent offense shall be fined
not less than $50 nor more than 500, to
which may be added imprisonment in the
county Jail for any period not TO exceed
Sec. /. 1t shall be unlawful to take,
catch or kill or attempt to take, catch or
kill any fish in any of the inland lakes of
this State, except private ponds, by any
means or with any device whatever from
the 1st day of December of any year to the
1st day of April of the succeeding year or
TO sell, offer for sale or to buy any pike,
pickerel, wall-eyed pike, perch, blue glils,
black bass, green bass, rock bass or other
species of bass at any time. Provided, that
the provisions of this section shall apply
only to fish caught in the waters of this
State. Provided, that none of the provisions
of this act shall operate 10 prevent any
person from taking fish with q hook and
line in any of the streams or ponds of this
State at any time of the year, which
any and all times of the year. Whoever
violates or attempts TO violate any OF the
provisions of this section shall be deemed
guilty of a misdemeanor, and upon convlc-
ton thereof shall be fined 50 for each nsn
caught, sold or purchased, and not less than
SO nor more than SO for each attempt TO
catch fish in violation or any OF the pro-
visions Of this section.
WITH TROT LINES.
.'Sec. 5. 1t shall be unlawful for any
person to fish in any of the waters of this
State with more than one trot line, having
not to exceed one hundred hooks, at any
one time. Provided, that the provisions of
this section shall not apply to the Ohio
river, Lake Michigan and the Wabash
river, so far as it is the boundary line be-
tween the States of Indiana and Illinois.
Any person violating or attempting to
violate ANY of the provisions OF this section
shall be deemed guilty of a misdemeanor,
and shall be fined In any sum not less than
s. nor more than $50 for each o1ense.
Sec. 6. No person shall enter upon any
inclosed land for the purpose of setting a
trot line without first obtaining the consent
of the owner, lessee or tenant of such
premises. Whoever shall violate or attempt
To violate the provisions of this section
shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be nnec
not less han 50 nor more tnan 80.
"Sec. Z. 1t is hereby declared to be a
misdcmeanor for any person TO nave IN
his possession any seine, dip net, gill net,
POND net, spear or gig, or other klnu OF
net, spear or gig, trap or seine, or any par.
| thereof, other than a minnow seine or glass
minnow trap. spear or gig, as allowed IN
of having such seine. gill net, dip net, pond
net or other kind of net, spear or gig, trap
or seine, or part thereof, in MS possession,
shall be fined not less than 80 nor more
than 500 for each offense, TO which may
be added Imprisonment in the county Jail
for any determinate period, and every
days possession of such gill net, dip net
or other kind of net, spear or gig, trap or
! seine, shall constitute a separate and dis
tinct offense under this act. Provided, that
this section shall not apply to such per-
sons who have licensed seines or nets, pro-
viding the same are disposed of within
sixty days from the taking effect of this
act; that it shall not apply TO persons who
have in their possession nets. seines, traps
or other fshing tackle for the purpose of
of taking fish from Lake Michigan, the
Ohio river and the Wabash river. I'm so far
as IL is the boundary line between the
States of Indiana and Illinois.
Sec s. No person shall take. catch, kill
or possess more than twenty black bass in
any one day. Where two or more persons
are fishing or angling from the same boat,
the aggregate number OF bass taken,
caught. killed or possessed by the Occu-
pants of said boat shall not exceed thirty
| six. Whoever shall violate the provisions
OF this section shall be deemed guilty of
a and shall be fined i'm any
sum not less than s. nor more than $5
for each fish so taken or possessed.
Sec. 9. No pickerel or pike perch, COM
monty called wall-eyed pike, less than
twelve inches in length. or rock bass, or
| orOppie. less than six inches I'm length. or
| black bass less than ten inches in length.
shall be Intentionally taken from the
waters of this State, or possessed, and in
case any such fish is taken the person
| taking IL shall Immediately return il To the
waters from which IL was taken without
unnecessary injury. Any person violating
| the provisions OF this section shall. upon
| conviction thereof, be fined in any sum not
10 exceed $40.