The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1911-05-31

tons for fishing, because the club
controls the source of water supply
and no one but the owners of this
club are interested in regulations as
to when it is fished. On the other
hand, the pond of the Lake Mitchell
club in the town of Sharon, is sup
piled by water flowing several miles
through lands privately owned and
portions of which doubtless are open
to the public. 1t would be lawful to
fish on this pond only during the
regular open season for fishing for
trout Ordinarily most clubs prefer
to limit the fishing to the period pro
yided by law, or a shorter one.
Section 5233. Persons desiring to
stock a stream or pond and subject
the portion stocked to private con-
troll, must stock the said waters at
their own expense as provided in
Sec. 1855; but if these waters up TO
the time of the proposed stocking and
posting have been public waters, that
is waters stocked at the expense OF
the State, il is necessary to file writ
ten notice will the Commissioner
containing a description OF the
stream, portion of stream or pond, it
is intended TO make a private pond
and at the end of five years may take
advantage of the posting law.
Sections 1852 and 5263 explain
when the owners of artifically con
structed ponds may take fish; and
Sec 1868 refers to ponds made by
damming a stream such for example,
as the pond of the Lake Mitchell
Club.
Sec 1894 provides that a person
having an artifcially constructed
pond, or a game preserve stocked at
his own expense, may at any time
sell fish or game taken from such
preserve. This would permit the own
er of any artificially constructed
pond, which is not made by damming
a brook, but rather by diverting the
water, as already described an OPP
portunity to engage in fish culture,
have the fish in the pond entirely
under his control just as much as
chickens on his farm, and sell them
whenever he chooses. Incidentally 1t
may be mentioned that deer and
other game may be propagated in en-
closed preserves FOR the purpose OF
sale or private use at any season OF
the year.
Sec. 1915 gives close season on
various species of trout but provides
that the law shall not apply to trout
artifically Matched or grown in ar
tiieial pools or taken from private
preserves or hatcheries.
A., q 10 Of
rous species of trout, or the employ
ment of persons to catch trout but
this section does not apply to trout
held under artificial conditions al
ready referred to.
Sec. $500 prohibits the use OF
screens on public waters In other
words, when a stream is damned TO
make an artificial pond, it is unlawful
to screen such pond at either inlet or
outlet Under ordinary conditions II /
is not to the advantage Of the owner (
to screen it, 1t is, however perfectly I
proper to screen an artificially con |
structed pond of which the owner con !
trolls the water supply at its source, I
or which is controlled by diverting the |
water from some stream and return !
ing IL to said stream as felefleu 10 III /
the foregoing paragraphs
Secs. 5000 and 1910 provide protec- |
ton to the owners of private pre-
serves and posted waters, and the
penalty for fishing i'm such waters or
destroying property connected with /
it,
There are many Inconsistencies in ,
the fish laws and some in the sections ,
| have already mentioned have !
given my own personal inter
of those In which the land !
owners who would have a private pre- /
serve. or posted waters are interested. |
The encouragement of game pres !
erves is of great Importance because
If game can be propagated in private |
preserves it will increase this kind OF |
food supply and, to a certain extent,
relieve one from the temptation of
taking wild game in close season.
There is a prejudice in many local.
ties against the private posting OF
streams, but In most cases the stock
ing of portions of the streams at the ,
owners expense and by him posted,
is of benefit to the public by reason OF
the fish that work their way into the |
streams not posted but stocked by the !
state.