Section 11-1913. Fishing preserves


Latest version.
  • 1.  "Fishing preserve waters" means any artificial or man-made body of
      water, without limitation of size, lying wholly within the boundaries of
      privately owned lands, operated for the purpose of permitting the  owner
      to  provide  fishing  facilities  to  fishermen.  Such  waters shall not
      include natural streams,  natural  ponds  or  waters  impounded  by  the
      damming of natural streams. The sources of water for such ponds shall be
      limited  to  surface  run-off, natural springs or waters diverted from a
      natural stream.
        2. a. The department may, in  its  discretion,  after  application  on
      forms furnished by it, issue to an owner of such fishing preserve waters
      a  fishing preserve license permitting the holder thereof to manage such
      fishing preserve waters and to possess, propagate and rear, and to  take
      or  permit  others to take therefrom, fish therein legally propagated or
      acquired. Such license shall expire on the last day of December  in  the
      year in which it is issued unless previously revoked. A separate license
      is  required  for each body of water defined in subdivision 1 as fishing
      preserve waters. Two or more ponds under one ownership, supplied by  one
      common  water source and located on one continuous parcel of land, shall
      be considered as one body of water requiring one license.
        b. The license so issued, shall:
        (1) contain the name of the town and  county  in  which  such  fishing
      preserve waters are located;
        (2) specify the species of fish authorized to be stocked therein;
        (3) authorize the licensee to stock, propagate, raise and release such
      fish  in  such  licensed  fishing  preserve  waters  and to buy, sell or
      otherwise traffic in fish taken therefrom;
        (4) specify the manner of tagging fish taken from the licensed waters,
      and
        (5) specify the means of acquisition of fish stocked therein.
        c. The license may also:
        (1) authorize the licensee  to  control  undesirable  protected  fish,
      wildlife and insects and specify means of control of the same.
        (2) specify such other restrictions and controls for the management of
      the  fishing preserve waters as in the judgment of the department may be
      deemed advisable for proper fish management.
        d. The fee for the license shall be fifty dollars, payable at the time
      application is made.
        e. The department may for cause revoke or suspend the license  of  any
      licensee.
        3.  Lands  containing  fishing  preserve  waters  so licensed shall be
      posted with appropriate signs in accordance with section 11-2111.
        4. A licensee or any  member  of  his  immediate  family  may  without
      license issued under title 7 of the Fish and Wildlife Law, or license to
      take fish by net or device, take fish of any size, in any number, at any
      time and in any manner permitted by the license.
        5. a. Any licensee, during the term of his license may sell fish taken
      from  the  licensed  fishing preserve waters and may grant permission to
      other persons to take fish in or  from  the  licensed  fishing  preserve
      waters  and  charge a fee for such fishing or for the fish taken, or, if
      the licensee is a club, it may impose dues permitting  such  angling  by
      members of such club.
        b. Persons to whom such permission to fish is granted or who have paid
      for  the  privilege  of  fishing  in  the licensed waters or dues paying
      members of a club which is a licensee may fish in  such  waters  without
      license  issued  under  title  7  of the Fish and Wildlife Law, or other
      license.
    
        c. The licensee may prescribe such restrictions or limitations  as  he
      sees  fit with respect to the size of fish, limits of catch, open season
      and  manner  of  taking  fish  from  the  licensed  waters.  Except   as
      specifically  noted  in the license, the provisions of title 13 or title
      15  of  the  Fish and Wildlife Law shall not be applicable to fishing in
      such licensed fishing preserve waters.
        6.  a.  All  trout,  black  bass,  lake  trout,   landlocked   salmon,
      muskellunge,  pike, pickerel and walleye taken from the licensed fishing
      preserve waters, shall  be  immediately  tagged  as  prescribed  in  the
      license  or  by order of the department. Such tags shall be furnished by
      the department and sold to the licensee at the cost of  five  cents  per
      tag.
        b.  The  tag  so  affixed shall not be removed from the fish until the
      same is finally prepared for consumption.
        c. No fish, required to be tagged as specified in paragraph a of  this
      subdivision,  taken  pursuant to this section shall be possessed off the
      premises of the fishing preserve without such tag, and no  person  shall
      sell  such  fish  without  such  tag  attached,  except  for scientific,
      exhibition or stocking purposes.
        d. Fish taken from such fishing preserves and tagged  as  provided  in
      this  subdivision,  may be possessed, bought, sold and offered for sale,
      and transported without restriction.  Fish  raised  or  possessed  under
      license  issued  under  this  section  may  be  sold  at  any  time  for
      scientific, exhibition, propagation or stocking purposes.
        7. The holder of a fishing preserve license shall keep such records as
      the department may require and make annual reports  to  and  upon  forms
      furnished  by  the department. The records shall be continuous and shall
      be kept on the licensed premises,  and  the  licensee  shall  allow  any
      representative  of the department to enter upon the premises and inspect
      his operations and records.
        8. Farm fish ponds, previously licensed pursuant to  section  11-1911,
      may be licensed as fishing preserves, provided that the waters so sought
      to be licensed under this section meet the requirements of subdivision 1
      hereof,  and  provided further that such waters have not been stocked by
      the department during the five year  period  immediately  preceding  the
      application for fishing preserve license.
        9. The department may, by special permit or authorization contained in
      the license, authorize the licensee to use fish toxins in the management
      of  the licensed waters, but unless so specifically authorized by permit
      or license no toxins or poisons may  be  introduced  into  the  licensed
      waters.
        10.  Nothing in this section shall abridge, alter or affect the rights
      or liabilities, riparian or otherwise, that  would  otherwise  exist  or
      accrue  by  reason  of  the impounding of the water, except that fishing
      preserve waters are waters of the state within the  meaning  of  section
      11-0503 of the Fish and Wildlife Law and article 17 of this chapter.
        11.  The  department  may,  by order made pursuant to section 11-2301,
      make such rules and regulations  with  respect  to  the  management  and
      operation  of fishing preserves, not inconsistent with the provisions of
      this section, as it shall deem necessary and proper to carry into effect
      the provisions of this section.