The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1909-04-15
STRINGENT FISH LAW.

mere seems 10 be considerable
doubt about the provisions of the fish
law passed by the last legislature.
and which carries an emergency
clause making it effective at this time
The law is as follows:
Section |. Ii shall be unlawful for
any person to kill in any of the per.
manent waters of the state for any
purpose any trout or food fish at any
time by the use of any poisonous or
deleterious or any stupefying drug. or
by the use of any net, seine, trap.
spear, weir dam or other artificial
obstruction or device whatever ex-
cept by hook and line.
Provided that it shall be lawful to
take or kill with spear at any time
any carp, suckers or buffalo fish. And
it shall be unlawful for any person to
empty or allow to be emptied, place
or allowed to be placed any sawdust
or manure or refuse matter of any kind
into the waters of state containing
trout or food fish or deposit the same
within such distance that 1t may be
carried into such waters by natural
canEes; or to place. keep or maintain
in any of the streams of this state
any net, seine or trap Of any kind
Section g 1t shall be unlawful to
kill, take or have in possession any
trout during the months of October,
| November. December, January, Feb
ruary and March, or either of said
months in any year, to kill, take or
have in possession any bass, shad,
crOppies, pike or pickerel during the
mouths Of November, December, Janu-
airy. February, March and April, or
either of said months in any year,
bass. shad, croppies pike and pickerel
by any person during said months
shall be prima facie evidence of the
violation of the provisions of this sec
ton. and the burden shall be upon
the defendant to prove that fish in
his possession were taken outside of
this state. 1t shall be unlawful to
sell or offer for sale at any time any
trout, shad, croppies. pike or picker
ell, taken or killed in any of the wa.
ters of this state or to ship or trans
port them out of the state. 1t shall
be unlawful for any express company
or other carrier to receive. ship or
transport and of the fish aforesaid
taken or killed in any of the public
waters of this state. IL shall be un-
lawful TO kill or destroy or have in
possession for any purpose whatsO-
ever except for cultivation or dissent
nation, at any time, any trout bass,
shad, croppies. pike or pickerel, less
than six inches in length.
Providing that in counties contain
ing any natural lake exceeding in area
three square miles, the county com
missioners OF said counties may and
they are hereby empowered to permit
the seining, spearing. taking or hav-
ing in possession of pickerel and any
! fish other than game fish or food fish
as herein defined, under such rules
and regulations as they may at any
regular meeting prescribe.
Section 3. ANY person or persons
or officer or servants of any corpora.
tion convicted of violating any Of the
provisions of sections one or two of
this act shall be fined in the sum of
not less than fifty dollars ($5000) nor
more than one hundred dollars ($100)
| for each offense.
Section 4 All acts or parts Of acts
in conflict with this act are hereby
repealed.
Section J. An emergency is here
by declared to exist and this act shall
be in force from and after its passage
and approval.