The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-11-04

within the time specified, any owner occupant
ten dollars for every day between the first day of
May and the first day of November during which
such neglect continues.
SECT. Z. On the completion of any fshway to the
satisfaction of the commissioner, at any subse-
quent time, he shall prescribe in writing the time
from obstruction to the passage Of fish each year.
and copy of such prescription shall be served
some owner or occupant of the dam; The commits
sioner may afterwards change the time fixed
he may fit. In the absence of any other regua-
ton in the premises shway shall be kept open and
unobstructed from the first day of May to the fif
tenth day of July, of each year. The penalty for
neglectng to comply with the provisions of this
ton or any regulations made in accordance here
with, shall be not less than five more than TWEEN
ty dollars for each day that said neglect continues.
SECT. 8. In case the commissioner finds any fish
way out of repair or needing alterations to make 1t
efficient they may, as in the case of new tishways,
require the owner or occupant to make such repairs
or alterations; and all the proceedings in such cases.
and the penalty for neglect, shall be provided in
the fifth and sixth sections of this act.
! SECT. 8. Each of the following rivers with its
tributaries and the adjoining seaeoast, as far the
same is fequented by salmon shad alewives bass or
smelts shall constitute fishery district: namely,
the Presumpscot Androscoggin, kennebec, Georges,
shall only extend to its junction with the Kennebec
in Merry-meeting bay. In cases of doubt, the COM
missioner of fisheries may determine more exactly
the limits of any fishery district and in case of dis
pute to jurisdiction of wardens appointed under
this act, it shall be his duty to examine
practicable and determine as aforesaid; any regua-
tons made in accordance with this clause, shall be
submitted to the governor and council, who may ap
prove, amend or reject the said regulations. Any
regulations so approved amended SHALL after pub
LEGATION two weeks in the state paper be deemed
have the full force and effect of law.
SECT. 10. The governor, with the advice of the
council shall appoint persons in each fishery district
to be fish wardens, as follows: One in the Presump-
scot district one in the Androscoggn district three in
the Kennebec district one in the Georges district,
three in the PenobscOt district, and in the ST.
Croix district. The wardens of the kennebec and
Penobscot districts shall have joint and several uris
dction the fisheries of their respective districts
and shall meet annually, on the first Tuesday of April
at Augusta and Bangor respectively, with power to
adjourn to such time and place as they may choose.
The wardens thus appointed, shall hold Office for
three years unless sooner removed, and shall be duly
sworn. They shall make an annual report of their
doings to the commissioner of fisheries, before
the first day of November. They shall receive three
duties; their accounts shall be audited by the gov
ernOr and council and paid from the state treasury
provided that in no case shall any warden receive
more than one hundred dollars for his services in any
one year
SECT. II. Fish wardens shall endeavor to enforce
the laws in regard to the fisheries within their respect
i've districts shall prosecute for all offences that come
to their knowledge shall be entitled to their pay
witnesses in said cases although they complain
ants and have right at all times to visit any dam,
or any weir other apparatus for taking fish; and
when they resisted in the discharge of their du
ties they may require the aid Of as many persons
they deem necessary and any person neglectng
ten dollars.
SECT. IL. There shall be between the first dav of
April and the fifteenth day of July each year, a
weekly cosetime of forty-eght hours from sunrseon
each Saturday morning to sunrise the following
Monday morning, during which no salmon shad, ale
wives bass, shall be taken from the waters covered
by this act. During the weekly closetime all senes
nets and other movable apparatus shall be removed
from the water. Every weir shall have in that part
thereof where the fish usually TAKEN opening
three feet WIDE extending from the bottom to the top
of the WEIR and the netting other material which
closes the while fishing shall be taken out,
ried on shore, and there remain during the weekly
closetime. In the enclosure where the fish are
taken is furnished with board floor an opening ex-
tending from the floor to the top of the weir shall be
held equivalent to extending from the bottom to the
top. The penalty for the violation of this section
shall be twenty dollars for each offence
SECT. IL. No weir, hedge set-net. any other
trvance for the capture of fish, which is stationary
while in use, shall extend into than two feet
depth of water at ordinary low water, under pen
atty of not than hundred nor less than fifty
dollars and forfeiture of all apparatus and material
unawfully used. This provision shall apply to any
seine drftnet that shall at any time be attached
to stationary object but shall not apply to fykes
bagnes used in the winter fishery for smets and tom
Gods, nor to any implement that may be lawfully
used in waters above the flow of the tide. to
portion of the Penobscot river, bay tributaries.
SECT. IA. All fishing for salmon, shad, alewves. or
any other migratory fish, except by hook and line
shall cease on the fifteenth day Of July annually
and shall be unlawful after that date and within five
days thereafter all of the walls of that enclosure of
weir in which fish usually taken shall be removed
and continuance shall be placed therein to hinder
the free passage of fish through the weir The PEN
atty for the violation of this section shall not be