(a) when used in water during the open season for trapping beaver and
otter; or
(b) as further permitted by the department by regulation.
The dimension of the body gripping trap shall be ascertained when the
trap is set in the extreme cocked position and shall be the maximum
distance between pairs of contacting body gripping surfaces except for
rectangular devices which shall be the maximum perpendicular distance
between pairs of contacting body gripping surfaces.
c. Traps of the leg-gripping type having a spread of jaws exceeding 4"
measured as described in paragraph a of this subdivision, when set on
land (excluding traps originally set in water) (a) shall be covered at
the time the trap is set or visited; if the trap becomes uncovered after
it is set the covering shall be replaced at the time the trap is
visited; coverings shall include but not be limited to soil, sand,
leaves, needles, other plant materials, and other substances as
permitted by department regulation; such substances shall completely
cover the jaws of the trap, and (b) shall be equipped with a pan
tensioning device which shall include but not be limited to a bolt and
nut, notches grooved in the pan and dog or lever, sheer pins, a spring
under the pan or strip of band steel, or other devices or modifications
as permitted by regulation of the department.
7. Except as provided in section 11-1109, (a) no person shall take
muskrat by the use of a box, wire or cage trap, except that they may be
taken in such a trap of a construction incapable of taking any species
of wildlife until wildlife previously taken therein has been released;
(b) except as otherwise permitted by department regulation, no person
shall set, stake or use a trap within a distance of five feet from a
muskrat den or house or any structure constructed by a muskrat in which
it can take shelter; (c) smoke, chemicals, gas or poison shall not be
used on or near any trap used to take beaver, otter, fisher, bobcat,
coyote, fox, mink, raccoon, muskrat or skunk.
8. Except as permitted by the department, no person shall set, stake
or use a trap within a distance of fifteen feet from a beaver dam, den
or house.
9. No person shall take, possess or remove from any legally set trap
any lawfully trapped wildlife or shall wilfully disturb, destroy, take
or possess, any legally set trap, without the permission of the owner of
such trap.
10. Traps shall not be set or placed on a public highway.
11. Beaver, fisher and otter shall be taken only as permitted by the
department.
12. No person shall trap wildlife within one hundred feet of a
dwelling, school building, school playground or church without the
written consent of the owner or lessee of the property where the trap is
set.