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

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.
droscoggin, Kennebec, Georges or St. Croix rivers,
nor above the flow of the tide in any tributary of Ell
fifty less than ten dollars for eac offence and ten
dollars for each salmon one dollar for each shad and
twenty cents for each alewife so taken.
SECT. 16. No salmon, shad alewives OF other mi
gratory fish, shall be taken within two hundred yards
OF any fishway, or within hundred yards of any
dam or mill,race nor shall any structure imple-
ment excepthoOk and line be used for taking any fish
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
isslt9ated approved by the commissioner of fsheres
nor shall hook and line be used within fifty yards of
any hshWay. The penalty for the violation of this
section shall be fine of not than fifty nor less
than ten dollars for each offence, and further fine of
ten dollars for each salmon, dollar for each shad,
| taken.
SECT. II. There shall be yearly closetme for sal
mon from the first day of September of eachayear to
the first day of April following during whichsno sal
mon shal be taken or killed in any manner, under
penalty of not more than fifty nor less than ten dol
lars and further penalty of ten dollars for each sal
mon so taken or killed,
SECT. Is. There shall be yearly closetime for
land-iocked salmon, trout and togue during the
months of October, November, December and Ja1lu-
ary during which none Of the fish mentioned above
shall be taken or killed in any under penalty
OF not more than thirty less than ten dollars and
further fine of one dollar for each fish taken or
Killed provided, that this section shall not apply
the taking of blueback trout in Franklin and Oxford
counties, nor to any person taking fish on his
SECT. 10. 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
like penalty if he had taken Them and any person
having in possession any fresh salmon between the
fifth day of September of any year and the first day of
April following, any fresh and-locked salmon,
trout togue between the fifth day ofOctober 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 unlawfuly.
SECT. 20. No weir, hedge, trap, trawl. any net
Il IL,
any fresh-water fish under penalty of not more than
fifty nor less than ten dollars, and further penalty
OF one dollar for every fish so taken And such strue-
flow of the tide shall be deemed to be used in viola
ton of this section unless shall be shown to be
by some special act or to have been used in
bona-fide fishery for salmon, shad or alewives.
SECT. 81. No mascallonge, pickerel, pike, sunish
or Dream, yellow perch or black bass shall be intro
duced by means of the live fish spawn to any
tiers where they do not severaly exist except
hereinafter provided, under penalty of not more
| than two hundred nor less than fifty dollars.
SECT. %. The commissioner of fisheries may take
fish of any kind at such time and place and in such
manner as he may choose for the purposes of science
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 or permit
to be introduced any kind of fish to any waters he
may fit anything in this or any other act to the
contrary Notwithstanding.
SECT. %. The commissioner of fisheries may set
apart any waters for the purpose of cultivation OF fish,
ana after three weeks notice. published in the paper
nearest the locality where such waters are set apart
penalty not more than one hundred nor less than
Ten dollars and further penalty Of two dollars for
each fish so taken or killed
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.
SECT 20. All fines and forfeitres provided for in
ms ACT may be recovered before any competent tr-
bunal by complaint Indictment or action of debt. In
cases where the offence is committed in any river or
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
Drought IN either county One-haf OF all hnes and
foreitureS recovered shall be for the dement, OF the
person prosecuting therefor.
SECT 70. 1t shall be the duty of constables and pO
lice Cfcers to prosecute for all offences against this
act that come to their knowledge.
SECT ~: Any fish warden, constable or police Off
Ger may seize any implement used IN liega! hShlng,
and may render any WEIR built or maintained con-
trary to law incapable of taking fish Any such eff
Ger may on view, appropriate to his own use or gift
any fish taken possessed in violation OF this act
| SECT rs. The commissioner OF fisheries can dele
gate TO any fish warden other lawful oflcer OF fish
eres any OF the powers given to the SAID commission
er in relation to the construction of fshways.
SECT y That portion of the Saint John river
and Its tributaries lying above Grand Falls in New
BRUNSWICK, shall be exempt from all the provisions
of this act
| SECT 30. The following waters and their tributa-
res are exempt from the operation OF the provisions
OF TINS act relating to the migratory fishes and the
supervision OF fshways by the commiss oner thatis
to say: Royals river in North Yarmouth; Sewall's
pond its outlet Arrowsic: NpQuaSSet stream in