§ 11-1913 — Fishing preserves

§ 11-1913. Fishing preserves.\n 1. "Fishing preserve waters" means any artificial or man-made body of\nwater, without limitation of size, lying wholly within the boundaries of\nprivately owned lands, operated for the purpose of permitting the owner\nto provide fishing facilities to fishermen. Such waters shall not\ninclude natural streams, natural ponds or waters impounded by the\ndamming of natural streams. The sources of water for such ponds shall be\nlimited to surface run-off, natural springs or waters diverted from a\nnatural stream.\n 2. a. The department may, in its discretion, after application on\nforms furnished by it, issue to an owner of such fishing preserve waters\na fishing preserve license permitting the holder thereof to manage such\nfishing preserve waters and to possess, propagate and rear, and to take\nor permit others to take therefrom, fish therein legally propagated or\nacquired. Such license shall expire on the last day of December in the\nyear in which it is issued unless previously revoked. A separate license\nis required for each body of water defined in subdivision 1 as fishing\npreserve waters. Two or more ponds under one ownership, supplied by one\ncommon water source and located on one continuous parcel of land, shall\nbe considered as one body of water requiring one license.\n b. The license so issued, shall:\n (1) contain the name of the town and county in which such fishing\npreserve waters are located;\n (2) specify the species of fish authorized to be stocked therein;\n (3) authorize the licensee to stock, propagate, raise and release such\nfish in such licensed fishing preserve waters and to buy, sell or\notherwise traffic in fish taken therefrom;\n (4) specify the manner of identification of fish taken from the\nlicensed waters, and\n (5) specify the means of acquisition of fish stocked therein.\n c. The license may also:\n (1) authorize the licensee to control undesirable protected fish,\nwildlife and insects and specify means of control of the same.\n (2) specify such other restrictions and controls for the management of\nthe fishing preserve waters as in the judgment of the department may be\ndeemed advisable for proper fish management.\n d. The fee for the license shall be fifty dollars, payable at the time\napplication is made.\n e. The department may for cause revoke or suspend the license of any\nlicensee.\n 3. Lands containing fishing preserve waters so licensed shall be\nposted with appropriate signs in accordance with section 11-2111.\n 4. A licensee or any member of his immediate family may without\nlicense issued under title 7 of the Fish and Wildlife Law, or license to\ntake fish by net or device, take fish of any size, in any number, at any\ntime and in any manner permitted by the license.\n 5. a. Any licensee, during the term of his license may sell fish taken\nfrom the licensed fishing preserve waters and may grant permission to\nother persons to take fish in or from the licensed fishing preserve\nwaters and charge a fee for such fishing or for the fish taken, or, if\nthe licensee is a club, it may impose dues permitting such angling by\nmembers of such club.\n b. Persons to whom such permission to fish is granted or who have paid\nfor the privilege of fishing in the licensed waters or dues paying\nmembers of a club which is a licensee may fish in such waters without\nlicense issued under title 7 of the Fish and Wildlife Law, or other\nlicense.\n c. The licensee may prescribe such restrictions or limitations as he\nsees fit with respect to the size of fish, limits of catch, open season\nand manner of taking fish from the licensed waters. Except as\nspecifically noted in the license, the provisions of title 13 or title\n15 of the Fish and Wildlife Law shall not be applicable to fishing in\nsuch licensed fishing preserve waters.\n 6. a. All trout, black bass, lake trout, landlocked salmon,\nmuskellunge, pike, pickerel and walleye taken from the licensed fishing\npreserve waters, shall be immediately identified on forms provided by\nthe department as prescribed in the license or by order of the\ndepartment.\n b. The identification form shall accompany the fish until the same is\nfinally prepared for consumption.\n c. No fish, required to be identified as specified in paragraph a of\nthis subdivision, taken pursuant to this section shall be possessed off\nthe premises of the fishing preserve without such identification form,\nand no person shall sell such fish without such identification form.\n d. Fish taken from such fishing preserves and identified as provided\nin this subdivision, may be possessed, bought, sold and offered for\nsale, and transported without restriction. Fish raised or possessed\nunder license issued under this section may be sold at any time for\nscientific, exhibition, propagation or stocking purposes.\n 7. The holder of a fishing preserve license shall keep such records as\nthe department may require and make annual reports to and upon forms\nfurnished by the department. The records shall be continuous and shall\nbe kept on the licensed premises, and the licensee shall allow any\nrepresentative of the department to enter upon the premises and inspect\nhis operations and records.\n 8. Farm fish ponds, previously licensed pursuant to section 11-1911,\nmay be licensed as fishing preserves, provided that the waters so sought\nto be licensed under this section meet the requirements of subdivision 1\nhereof, and provided further that such waters have not been stocked by\nthe department during the five year period immediately preceding the\napplication for fishing preserve license.\n 9. The department may, by special permit or authorization contained in\nthe license, authorize the licensee to use fish toxins in the management\nof the licensed waters, but unless so specifically authorized by permit\nor license no toxins or poisons may be introduced into the licensed\nwaters.\n 10. Nothing in this section shall abridge, alter or affect the rights\nor liabilities, riparian or otherwise, that would otherwise exist or\naccrue by reason of the impounding of the water, except that fishing\npreserve waters are waters of the state within the meaning of section\n11-0503 of the Fish and Wildlife Law and article 17 of this chapter.\n 11. The department may, by order made pursuant to section 11-2301,\nmake such rules and regulations with respect to the management and\noperation of fishing preserves, not inconsistent with the provisions of\nthis section, as it shall deem necessary and proper to carry into effect\nthe provisions of this section.\n