Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-05-25

Mtcly IL ne docs 20 by tapping II stream
20 supply his water and then lcts the same
water empty into tho original stream
ognin before It leaves his own land or by
agreement with owners below him ON
their land
Such a. pond could be screened at both
ends and tho owner may have absolute
control OF such Il pond.
If n man dams a stream flowing through
his land, but which otherwise he has no
control Of, he may stock and post it and
keep poachers off, but such n pond, re-
coiving tribute In fish from the stream
Itself, In other words, being common
passage way for fish before it was dam
med cannot be entirely subject to his con-
troll. but must be subject to tho regular
close season for such fishing.
To illustrate the points | have made, !
| should say that the Lake Mansfield Trout
club has an artificial pond which may be
regarded as q private preserve subject en-
tirely to the control Of the club as to
regulations for fishing. because the club
controls the source of water supply and
no one but the owners of this club are in
tcrested In regulations as to when it is
nshed. On the other hand, the pond OF
|
sharon, Is supplied by water flowing sew
cral miles through lands privately owned
and portions of which doubtless are open
20 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 provided by law. or a shorter
| one.
Section 1853 Persons desiring to stock
stream or pond and subject the portion
stocked TO private control must stock the
said waters at their own expense as pro-
vded in section 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
Tie State it is necessary to file written
notice with the commissioner containing
1t description of tho 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 5iG2 and 1858 explain when tho
owners Of artincially constructed ponds
may take fish; and section 52G3 refers to
nonds made by dammng stream such,
Cor example, as tho pond of the Lake
Mitchell club.
Il
ing an arti1cially constructed pond. or n
game preserve stocked at his own ex-
pense, may at any time sell fish or gamo
taken from such preserve. This would
, permit the owner of any artfcially con-
| structed pond which is not made by
canning brook, bat rather by dlvertinG
| the water. rs already described. an oppor-
tunitv to engage In FISH culture. have the
I n 1t.
? Just as much as chickens on his farm,
> and sell them whenever he chooses In
c!dentally it may be mentioned that deer
and other game may he propagated in en-
r closed preserves for the purpose of sale or
private use at any season of the year.
: Section 5275 gives a close season on varl-
t Gus species of trout, but provides that the
I law shall not apply to trout artincially
B. hatched or grown in artificial pools OF
e taken from private preserves or hatch.
r cries.
! Section 500 prohibits the sale of variou,
$ species of trout, or the employment OF
persons to catch trout, but this section
n does not apply to trout held under arti
t fetal conditions already referred to-
5 Section 800 prohibits the use Of screen:
= on public waters. In other words. wher
= q stream Is damned to make an artificial
I pond it is unlawful to screen such pont
/ at either inlet or outlet. Under ordinar,
: conditions il is not to the advantage o
o the owner to screen it. 1t Is, however
perfectly proper to screen an artificial,
l. constructed pond of which the owner con
V trolls the water supply at its source, o
g which is controlled by dvertirg the waite,
o from some stream and returning it to sal,
l. stream as referred to in the fore goin,
n paragraphs.
e Sections $500 and $50 provide protection
Y to the owners Of private preserves AM
y posted waters, and the penalty for fish
st ing in such waters or destroying propert
r. connected with IT.
n. There are many Inconsistencies In tn
lie fish laws. and some in the sections l hav
n already mentioned. l have merely give
10 my own personal Interpretation of thos
N IN which the landowners who would hav
IT a private preserve, or posted waters ar
Interested
te The announcement of game preserve
ID is of great Importance, because if gam
IL can he propagated in private preserves
III viii increase this kinu of food supply ant
to - a certain extent, relieve one from tn
IA temptation of taking wild game in clos
re season. There is a prejudice in man
at localities against the private posting @
so streams. but in most cases the stockin
n Of portions of the streams at the owner
I'd expense and by him posted, Is Of benol
TO the public by reason of the fish thu
rs work their way into the streams not pos
al but stocked by the State.
a. Yours very truly,