Page:1915 North Dakota Session Laws.pdf/258
228 GAME AND FISH
twenty days, or by both such fine and imprisonment in the discretion of the court.
§ 73. DRUGS AND EXPLOSIVES FORBIDDEN.] No person shall lay, set, or use any drug, poison, lime, medica ted bait, fish berries, dynamite or other deleterious substance whatever, or lay, stretch, or place any tip-up snare, fish trap, set or trot line, wire, string, rope or cable of any sort in any of the public waters of this state, with intent thereby or therewith to catch, take, kill or destroy any fish. provided, that a minnow seine not exceeding twenty feet in length may be used for taking minnows for bait, from the first day of May to the fifteenth day of October.
§ 74. PROHIBITED DEVICES. DISPOSITION.] All boats, lights and other contrivances and devices used in the illegal taking, catching, killing and destroying of fish in the public waters of this state, are hereby declared to be, and are a public nuisance. The Chief Game Wardens, District Game Wardens, Special Game Wardens, all members of the Game and Fish Board, the State Fish Commissioner, Sheriffs and their deputies, police officers, and Constables shall, without warrant or process, take, seize, abate and destroy any, and all of the same while being used, had or maintained for such purpose, and no liability shall be incurred thereby to any person.
§ 75. FISHWAYS.] Any person owning, erecting, managing or controlling any dam or other obstruction across any river, creek or stream within or forming the boundary line of this state, shall construct in connection with such dam, a durable and efficient fishway in such manner and of such shape and size as the State Game and Fish Board may direct. Such fishway shall be kept in good repair by the person so owning, controlling, managing, operating or using such dam or obstruction. If any person fails to construct or keep in good repair durable and efficient fishways as herein provided, for the space of ten days after notice, the board may construct or repair the same, and the cost thereof, may be recovered from the owner or any person managing, or being in control thereof, in a civil action brought in the name of the State of North Dakota. Any money so recovered shall be credited to the state game and fish fund. All fishways heretofore or hereafter erected in any dam or obstruction across any of the streams of this state shall at all times be under the supervision and control of the board. Any person violating any of the provisions of this Section shall be deemed guilty of a misdemeanor.
§ 76. FISHING NEAR FISHWAYS FORBIDDEN.] No person shall catch, take or kill any fish in any lake or stream within four hundred feet of any fishway, or have in his possession er under his control any fish so caught, taken or killed.
$77. FISH HOUSES.] No person shall erect, have or maintain on the ice in any waters of this state. any fish house, structure. inclosure or shelter whatever to protect the person of the occupant while engaged in fishing through the ice.