Section 11-0505. Interference with fish and wildlife  


Latest version.
  • 1.  a. Except as permitted by the department, no person shall obstruct
      the passage of fish in any stream or river by a screen or otherwise. The
      department may order such obstruction removed by the person erecting the
      same or by the owner of the land on which it is located. A copy  of  the
      order shall be served on such person or owner and failure to comply with
      its  terms  within  ten  days  after  service  thereof shall be deemed a
      violation of this subdivision. This subdivision shall not apply to  dams
      heretofore or hereafter erected.
        b.  Flumes or raceways in streams stocked with fish by the state shall
      be screened as the department may direct.
        2. No person shall:
        a. hold back or divert water in any  stream  which  supplies  a  state
      hatchery  so  as  to  prevent  the flow of sufficient water for hatchery
      purposes, or
        b. take fish from the waters of any state  hatchery  operated  by  the
      department, except under the authority of the department.
        3.  No  deer  or  bear  traps  shall  be  made,  set or used upon land
      inhabited by deer or bear. No salt lick shall be made, set or used  upon
      land  inhabited by deer or bear, except that the department may do so on
      state wildlife refuges and wildlife management areas.
        4. No person shall use any device which  prevents  frogs  from  having
      free access to and egress from water.
        5.  No  person  shall  rob or wilfully destroy a nest of any protected
      birds unless a permit shall first be obtained from the department.
        6. Except as permitted by the department, no person shall at any  time
      disturb  a  beaver  dam,  house  or den or a muskrat house or den or any
      structure constructed by a muskrat in which it can take shelter.
        7. No person shall at any time disturb a nest  box  or  any  structure
      constructed  for the purpose of harboring wild birds whether or not such
      structure is inhabited by wild birds, except for annual  maintenance  of
      such  structure  or  when  deemed necessary by the owner of the property
      whereupon such structure is located.
        8. No person shall place, give, expose, deposit, distribute or scatter
      any substance with the intent to attract or entice deer to  feed  within
      three hundred feet of a public highway.  Normal agricultural practice of
      planting, cultivating or harvesting and the feeding of deer held captive
      for  agricultural  purposes  or the feeding of deer held captive in zoos
      and wildlife parks shall not be considered attracting or  enticing  deer
      to feed for the purposes of this section.