following fees for recording certificates of proof of labor on mining claims: Fifty cents for recording any such certificates that embrace therein one claim, and an additional fee of twenty-five cents for each and every additional mining claim embraced in said certificate; provided, that if any such certificate shall contain more than one hundred words an additional fee of thirty cents shall be charged for each one hundred words or fractional part thereof in excess of said first one hundred words.

FISH AND GAME

To provide for preservation of fish, sections 2047-2051.

To prevent unlawful destruction of fish and game, sections 2052-2055.

Giving authority to boards of county commissioners to extend close season for fishing, sections 2056–2058.

To provide for protection and preservation of trout and other fish, sections 2059-2075. Providing for establishment of private fish hatcheries, sections 2076-2084.

Providing for protection and preservation of game, sections 2085-2100.

To regulate and license hunting of game birds and animals and taking or catching of fish, sections 2101-2112.

To prevent shipment of wild game, section 2113.

An Act to provide for the preservation of fish in the waters of this state, and matters properly relating thereto.

2047. Unlawful to pollute streams. 2048. Certain cases misdemeanor. 2049. Fishways and ladders.

Approved March 14, 1903, 114

2047. Unlawful to pollute streams.

2050. Punishment for violation.
2051. Unlawful to transplant or transport in
certain cases.

SECTION 1. Every person who places or allows to pass or who places where it can pass or fall into or upon any of the waters of this state at any time, any lime, gas, tar, cocculus indicus, slag, acids, or other chemical, sawdust, shavings, slabs, edgings, mill or factory refuse, or any substance deleterious to fish, shall be deemed guilty of a misdemeanor and is punishable by a fine not less than two hundred and fifty nor more than five hundred dollars, or by imprisonment in the county jail in the county in which the conviction shall be had, for not less than one hundred and twenty-five or two hundred and fifty days; provided, that the provisions of this section shall not apply to mills or works for the reduction of ores, nor against the owners or operators of such mills or works so far as concerns the operator of such mills or works.

2048. Certain cases misdemeanor.

SEC. 2. All persons, firms, companies, associations or corporations, who have erected or who may hereafter erect any dams, water weirs or other obstructions to the free passage of fish in the rivers, streams, lakes or other waters of the State of Nevada, shall construct and keep in repair fishways or fish ladders at all such dams, water weirs, or other obstruction; so that at all seasons of the year fish may ascend above such dams, water weirs or other obstructions, to deposit their spawn. Any person or persons, firm, company, association or corporation failing to comply with the provisions of this section after having been notified and required so to do by the proper authority, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than fifty nor more than five

hundred dollars, or by imprisonment in the county jail for not less than twenty-five days nor more than one hundred and fifty days.

[Secs. 3-9, inclusive, superseded by act 1911, 61, secs. 2059-2075.]

2049. Fishways and ladders.

SEC. 10. Any person or persons who shall at any time wilfully or knowingly destroy, injure or obstruct any fishway or fish ladder, or any person or persons who shall at any time take or catch any fish in any manner within one hundred feet of any dam containing a fishway or fish ladder, which is required by law, shall be deemed guilty of [a] misdemeanor, and upon conviction thereof shall be punished as provided in section 11 of this act. Nothing in this section shall be so construed as to prohibit the taking of fish for spawning or transplanting purposes, by the state board of fish commissioners or other authorized persons.

2050. Punishment for violation.

SEC. 11. Any person or persons violating the provisions of sections 3, 4, 5, 6, 7, 8, 9 or 10 of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty nor more than one hundred dollars or by imprisonment in the county jail for not less than ten nor more than fifty days or by both such fine and imprisonment.

2051. Unlawful to transplant or transport in certain cases.

SEC. 12. It shall be unlawful for any person or persons, company, association or corporation, to at any time transport or offer for transportation to any place outside of this state any lake, river or brook trout or land-locked salmon, which are intended to be offered for sale; and any person who shall so transport or offer for transportation any lake, river or brook trout or landlocked salmon, white fish or wide-mouthed bass which are thereafter offered for sale or sold at any place outside of this state, or are offered for sale after being transported outside of this state, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail for not less than twenty-five nor more than two hundred and fifty days or by both such fine and imprisonment.

State Board of Fish Commissioners, secs. 4482, 4483. Under former law (1893, 128, amended Stats. 1895, 83) providing that trout shall not be caught "between the first day of October of each year and the first day of June of each year" it was held that the intention of the legislature was to forbid the catching of trout from October of one year to June of the next.

Also, where an act forbids the catching of trout from the rivers and also from the lakes, even if the provision as to the lakes

is so self-contradictory that it cannot be enforced, this will not invalidate the provision against catching from the rivers. Ex Parte Hewlett, 22 Nev. 333-335 (40 P. 96). A former law (Stats. 1909, 121) was held unconstitutional because it directed that a portion of the fines collected thereunder for violation thereof should be paid to the informer. Ex Parte McMahon, 26 Nev. 243– 245 (66 P. 294).

See sec. 355, ante.

An Act to prevent the unlawful destruction of fish and game; to provide for the appointment of fish and game wardens in the several counties of this state, and to define their duties and compensation.

Approved March 12, 1901, 57

2054. Duties-Removal.
2055. Salary-How fixed and paid.

2052. Fish and game wardens to be appointed.

2053. Powers of warden.

2052. Fish and game warden to be appointed.

SECTION 1. It is hereby made the duty of the several boards of county commissioners in this state, at their first regular meeting in April, nineteen

hundred and one, and annually thereafter, upon the petition of twenty or more resident taxpayers, to appoint a fish and game warden for their respective counties, who shall reside in the county for which he is appointed. Each warden so appointed, before entering upon the duties of his office, shall take his oath of office, and give an undertaking to the State of Nevada for the use of the respective counties thereof, with two or more sureties, to be approved by the board of county commissioners conditionally [conditioned] for the faithful performance of his duties, and in such sum as the county commissioners of the several counties may deem sufficient for the faithful performance of the duties of his office and the enforcement of the requirements of this act. 2053. Powers of warden.

SEC. 2. Said warden is hereby empowered [and it shall be his duty] to enforce the state laws and all county and municipal ordinances relative to the protection of fish and game; and he shall be vested with the power to make arrests for the violation of such laws and ordinances in any county in this state; to appoint a deputy or deputies who shall have power to transact all official business appertaining to said officer, to the same extent as their principal; provided, that said warden shall be responsible for the compensation of such deputy or deputies, and shall be responsible on his official bond for all malfeasance or nonfeasance of the same. Bonds for the faithful performance of the duties of his official deputy or deputies may be required of said deputy or deputies by said principal.

2054. Duties-Removal.

SEC. 3. Said fish and game warden shall report quarterly to the board of county commissioners of his county, giving a detailed statement of all arrests made, convictions had, fines collected, and generally in regard to the management of his office. Such officers may be removed by the board of county commissioners, for intemperance, neglect of duty or other good and sufficient

reasons.

2055. Salary, how fixed and paid.

SEC. 4. The salary of the fish and game wardens shall be fixed by the county commissioners of the various counties of this state, out of the fish and game preservation fund; provided, that in case of a deficiency in the fish and game preservation fund, such deficiency shall be paid out of the general fund of the various county treasuries. The salary of said fish and game wardens shall not be more than one hundred dollars, nor less than twenty dollars per month. Said warden shall be allowed a sum not to exceed twenty-five dollars per month for expenses incurred by him in the performance of his duties. As amended, Stats. 1903, 179; 1909, 327.

An Act giving authority to the boards of county commissioners of the several counties of this state to extend the close season for fishing in streams and waters of a certain class, and providing for the enforcement of the same.

Approved March 16, 1905, 192

2056. To protect certain waters.

SECTION 1. The boards of county commissioners of the several counties of this state, each within its own county, are hereby authorized to extend the closed season for fishing in streams and waters within their county which now are, or hereafter shall have been, stocked with food fishes by others than the state or its fish commissioner, or authorized agent, to such periods as may in their opinion be required for the protection of the fish in said stream and waters, to the end that the supply of fish for food may be permanently increased.

2057. Order published-Provisos.

SEC. 2. This act shall be made effective by an order of the board of county commissioners published in a newspaper within the county, which order shall name the stream or streams and waters within the county in which the catching of fish is to be restricted, and shall state the period over which the close season is to extend; provided, that no such order shall be effective without such publication for the period of at least one month before the date upon which the order is to take effect; and further provided, that no such publication shall be made at an expense to the county of more than three dollars. 2058. Violation misdemeanor-Penalty.

SEC. 3. Any person who shall violate the provisions of said order of the board of county commissioners shall be guilty of a misdemeanor, and shall be fined not to exceed thirty ($30) dollars, or imprisoned in the county jail not to exceed fifteen (15) days, or by both such fine and imprisonment in the discretion of the court, for each offense.

An Act to provide for the protection and the preservation of trout and other fish in the waters of the State of Nevada and other matters pertaining thereto, and to state in part what shall be evidence of its violation, and to prescribe penalties for its violation, and to provide for its enforcement, and to repeal all acts and parts of acts in conflict herewith.

SECTION 1. It shall be unlawful for any person or persons, firm, company, or corporation, to take, catch, or kill, or to attempt to take, catch, or kill, any river trout, lake trout, or brook trout, white-fish, land-locked salmon, royal chinook salmon, or large-mouthed or small-mouthed black bass, in or from any of the streams, lakes, rivers, or other waters of the State of Nevada, between the sixteenth day of October of each year and the thirtieth day of April of the succeeding year, both dates being included.

2060. Unlawful to sell or possess during closed season.

SEC. 2. It shall be unlawful for any person or persons, firm, company, or corporation in the State of Nevada to buy, sell, or offer or expose for sale or to have in his, their, or its possession, any river trout, lake trout, or brook trout, salmon, white-fish, or large-mouthed or small-mouthed black bass taken or caught from any of the waters of this state within the closed season specified in this act.

2061. Certain methods of taking prohibited.

SEC. 3. It shall be unlawful for any person or persons, firm, company or corporation to take, catch, or kill, or to attempt to take, catch, or kill, in or from any stream, lake, or river, or any other waters of the State of Nevada, any trout, salmon, white-fish, bass, perch, or any other fish of any species whatever with any seine, net, spear, set-line, set-hooks, grab-hook, trot-line or snag-line, or in the manner known as snagging, or with any weir-fence,

trap, giant powder, or other explosive, or explosive compound, or with or by means of any bait constituted or prepared in whole or in part of or from the spawn, eggs or ova of trout, salmon, or of any other species of fish whatever; or with or by any means whatever except with hook and line attached to a rod held in the hands and in the manner known as angling; that is, with baited hook, fly-hook, spoon-hook, or other anglers' lure.

2062. Regulations concerning hotels and dealers.

SEC. 4. It shall be unlawful for any person or persons, firm, company, or corporation, cold-storage company, tavern, or hotel keeper, restaurant, or eating-house keeper, butcher, or market man, in this state to buy, sell, or offer or expose for sale, or to have in his, their, or its possession, any trout, salmon, white-fish, or fish of any species whatever taken from any of the waters of the State of Nevada by or with any of the means specified as unlawful in this act or in any preceding act.

2063. Regulations concerning size.

SEC. 5. It shall be unlawful for any person or persons, firm, company or corporation, to kill, or to retain in his, their, or its possession any lake trout, river trout, land-locked salmon, or royal chinook salmon, taken from the waters of this state less than seven inches in length; or any large-mouthed or smallmouthed black bass, or Sacramento perch, less than eight inches in length, or any red-spotted eastern brook trout (Salvelinus fontinalis) less than six inches in length.

2064. Concerning transportation of fish.

SEC. 6. It shall be unlawful for any person or persons, railroad, railway company or corporation, express company, stage line, transportation company, or any common carrier in the State of Nevada to accept or receive for shipment or for transportation from any one person or in the name of any one firm, company, or association, in any one calendar day, more than ten pounds of trout, land-locked salmon, or royal chinook salmon, or of largemouthed or small-mouthed black bass, taken or caught in or from any of the waters of the State of Nevada; provided, that nothing in this section shall be so construed as to prevent the shipment, or receipt or acceptance, of ten trout on one calendar day from any single consignor, and it shall be unlawful for any person or persons, firm, company, association, or corporation, transportation company, or common carrier to offer or present or to receive or accept for shipment, carriage, or transportation any box, bundle, package, basket, or other container whatsoever in which are enclosed any of the fishes herein specified, unless the box, bundle, basket, package, or other container aforesaid shall be so wrapped, tied, or constructed that it shall be easily opened for inspection or examination, and unless it shall bear a conspicuous label, easily read, which shall state the contents thereof, together with the name and address of the consignor thereof and the name and address of the consignee; and false statement on the aforesaid label either as to the contents enclosed or as to the true name or address of the consignor thereof or of the consignee shall be construed as a violation of this act.

2065. Limit of catch.

SEC. 7. It shall be unlawful for any person or persons, firm, company, or corporation to take, catch, or kill from any of the waters of the State of Nevada or to have in his, their, or its possession on any one calendar day, more than ten pounds of trout, or of land-locked salmon, or royal chinook salmon, or large-mouthed or small-mouthed black bass, or Sacramento perch, or white-fish caught in the waters of this state; provided, that nothing in this act shall be so interpreted as to prevent or to prohibit the taking of ten trout or salmon, or other fish specified in this act.