Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 11-0505
Interference with fish and wildlife
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 11, TITLE 5
§ 11-0505. Interference with fish and wildlife.

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.