The Portland daily press., 1869-04-06

passage of this act salmon shad alewives or any
other migratory fish,. shall be taken, nor shall any
structure or implement for their capture be used
above the flow of the tide in the Presumpscot, An
nor above the flow of the tide in any tributary of Ell
tler OF said rivers under penalty of not more than
fifty nor less than ten dollars for each offence and ten
dollars Tor each salm0n one dollar for each shad and
twenty cents for each alewife so taken.
SECT. l6; No salmon, shad, alewives, or other mi
gratory fish, shall be taken within two hundred yards
OF any fshway, or within one hundred yards of any
dam mill-race, nor shall any structure or impe-
ment excepthook and line be used for taking any sh
within the above limits between the first day of April
and the first day of November without the written
permission of the wardens Of the district in which it
nor shall hook and line be used within fifty yards of
any fshway,, The penalty for the violation of this
than ten dollars for each offence and further ne Of
ten dollars for each salmon, dollar for each shad
and twenty cents for each alewife or other fish SO
SECT IT, There shall be yearly cIosetime for sal.
mon from the first day of September eachByear to
the first day of April following, during whic6sno sal
mon shall be taken or killed in any manner, under o
penalty Of not more than fifty less than ten dol
lars and further penalty of Ten dollars for each sal
SECT. Is. There shall be yearly closetime for
land-iocked salmon, trout and togue during the
ary, during which none of the fish mentioned above
snail be taken or killed in any manner under penalty
OF not more than thirty less than ten dollars and
Iurther fine of one dollar for each fish taken
killed. provided, that this section shall not apply to
the taking of blueback trout in Franklin and Oxford
counties, to any person taking fish on his own
premises for the purpose of cultivation. "a
scot. 49, Any person who shall have in his posses
sion any fish taken in violation ofthe seventeenth and
eighteenth sections of this act, shall be punished by
IKE penalty as if he had taken them and any person
having in possession any fresh salmon between the
April following, or any fresh iandlocked salmon,
trout or togue between the fifth day of any
year and the first day of February following shall be
deemed guilty of violation of this section, and shall
be held to prove that the fish in his possession were
not taken unlawfully. 1fs
SECT. 20. No weir, hedge, trap, trawl or any net
other than dipnet shall be used for the capture of
any freshwater fish under penalty of not more than
fifty nor less than ten dollars, and further penalty
of one dollar for every fish TAKEN And such strct
ure or implement used in any fresh water above the
flow of the tide shall be deemed to be used in viola
ton of this section unless it shall be shown to be
thorized by special act to have been used in
bona-fide fishery for salmon, shad or aewives.
Scot q. No mascallonge, pickerel, pike, sundsh
or Dream, yellow perch or black bass shall be intro
duced by means of the live fish spawn to any wa
tiers where they do not severally exist except
than two ar naff fban x dollars Ia not
SECT. 70. The commissioner of fisheries may take
fish of any kind at such time and place and in such
and of cultivation and dissemination; and he may
grant permits to other persons to take fish for the
same purposes and may introduce or cause OF permit
TO be introduced any Kind of fish to any waters he
may see MT anything in this any other act to the
contrary Notwithstanding ta
SECT. 70. The commissioner of fisheries may set
apart any waters for the purpose ofcuitivaon of fish,
and after three weeks notice published in the paper
nearest the locality where such waters are set apart
no person shall take or kill any fish therein under
ten dollars and further penalty of two dollars for
each fish so taken or killed s
SECT, "a All boats, implements and materials used
in violation of this act, and all fish taken in violation
| of the same shall be forfeited n
SECT 25 All fines and forfeitures provided for in
this act may be recovered before any competent tri
bunai by complaint, Indictment action of debt. In
cases where the offence is committed in any river
stream FORMING boundary between two counties. or
IN any lake or other body of standing water lying
partly In two or more counties, the action may be
brought in either county One-half of all fines and
foreitures recovered shall be for the benefit of the
person prosecuting therefor.
SECT 25 1t shall be the duty of constabes and po-
lice officers to prosecnte for all offences against this