Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1871-06-24
Miscellaneous.
Protection or Food Fishes.

Protection OF Food Fishes.
AN ACT for the protection of salmon, black bass
and other food fishes newly introduced into
the rivers Delaware and Susquehanna, and
their tributaries for the protection, also, OF
close against unlawful fishing and to prevent
the Introduction of predatory fishes into trout
streams, and for other purposes.
SECTION l. Be II enacted, etc., That from
and after the passage Of this act, it shall be
unlawful for any person or persons to
catch or kill, by any means or device what
soeyer, any salmon, or salmo or salar,
Gristes salmoidea commonly known as
blaCk bass of IT, eouth, or southern bass,
in the Delhwarc q the Susouehanna river,
whore said streams are under the jurisdic.
tion Of this state, or in any of the Pennsyl-
vania tributaries, until the first of August
Provided, neuevtteless, That the incidental
toking of salmon or Gristes, salmoides
commonly called black bass Of the south,
shall not be construed to be a violation OF
this act if the same shall be immediately
returned alive into said river and tributa-
ries.
SECTION 2. That the fact of any person,
or persons, having such salmon, salmo, sa-
lar or Grister salmonides, commonly called
black bass of the south, in their possession,
in any or either of the counties bordering
upon the Delaware or Susquehanna rivers
or their tributaries, shall be accepted as
prima facie evidence of their having been
! taken from the said rivers, or their tributa-
ries, in violation of the provisions of the
first section of the act, Provided, that such
fishes planted, and remained in private
ponds shall be at the disposal of their own
ers.
Sec. 8. That nothing in this act, Or any
OF the sections of this act contained, shall
be 80 construed as to prevent the commis-
sloner or commissioners of fisheries of
states riparian to the said streams from
obtaining fishes aforesaid from the said
streams for the purpose Of stocking other
waters within the said state.
SEC. 4. Any person or persons violating
any of the provisions contained in either of
the first two sections of this said act shall,
upon conviction thereof before any Justice
OF the peace, pay fine of five dollars for
each and every fish taken or had in posses
sion without being able to prove that they
were not taken from the said rivers Or
streams one half of the said fine to go to
the prosecutor, and the other half to the
school directors of the school district in
which the offence shall have been commit
ted, or presumed to have been committed
by there being had in possession, for school
purposes only, and in default OF the pay
ment of the said fine, so undergo an impri-
sonment in the Jail of the county in which
they shall have been convicted for space
of ten days. The said fines to be sued for
and recovered as debts Of like amout are by
law recoverable.
SEC. 8. The species commonly known as
Susquehanna salmon, pike, perch, jack sal
mon, and by the scientific name OF Stigos-
tedium Americanuna, shall henceforth not
be taken in any of the streams meant to be
1 included in this act during their spawning
time; that is to say, between the first OF
| February, and the first of June in any one
year, and the mode of proof of such taking,
and the penalty for the same, shall be the
same as provided for the case of the salmon
and the black bass in this act.
SEC. 6. And the said proofs and penal
ties in the preceding sections of this act
shall apply equally to the taking of any
newly introduced and approved fishes not
previously known as inhabiting the said
streams or any of their tributaries, includ-
ing the Schuylkill river, for q period of
three years from the said introduction or
planting. Provided, That citizens of this
state introducing or planting the said fish
es alive in the said waters at their own ex-
pense, or planting such food fishes at the
public expense, shall have given public mo-
tice of the fact, its day and date, with re-
ference to this act in one or more public
tion Of which the planting shall have taken
place, by advertisement or gratuitous no.
tice for the length of time ordinarily DEEM
ed sufficient, and in such notice the genus
and species of the fish planted shall be in
telligibly described so that there can be no
mistake as to its identity, its accepted sci
entitic name or names, its the technical as
we'll as the English language to be deemed
and taken, however, as sufficient. And
provided such planting be approved in
writing by the commission of inland tishe-
ries OF the state, or i'll case such commits
sion shall not exist, then by any resident
judge Of any of the said county.
SEC. Z. No person shall place in any
fresh water stream, lake or pond, without
the consent Of the owner, or in. shore wa
ters and estuaries with the rivers debouch-
ing into them, any lime or other deleteri-
Gus substance with the intent to injure fish,
or any drug or medicated bait with intent
thereby to poison or catch fish, nor place
in pond or lake stocked and inhabited oy
trout or black bass any drug or other dele
terious substances with intent to destroy
such trout or bass, nor place in any fresh
water pond or stream stocked with brook
trout, any pike, pickerel, black bass or rock
bass, or other piscaverous fish (salmon eX-
cepted,) without the consent of the owner
or owners Of such lands upon which such
pond or stream is situated. Any person
violating the provisions of this section shall
be deemed guilty of a misdemeanor, and
shall in addition thereto, and in addition
to any damage he may have done, be liza
Bile to penalty of 500.
SEC. 8. No person shall at any time,
with intent So to do, catch any speckled
brook trout, or any speckled river trout,
with any device save only hook and line,
and no person shall catch any such trout
in his or her possession, save only during
the months Of April, May, June and July
and the first fifteen days Of August, under
a penalty of IS for each trout 50 caught ol
had in his possession but this section
shall not prevent any person or corporation
from catching trout in water owned BY
them or upon their premises TO stock 9th
or waters In any manner or at any time.
SEC. 0. Any person or persons or com
pany engaged in the increase OF brool
! trout by artificial process, known as hsl
culture, may take from their own ponds II
any way aud cause 10 be transported ant
may sell brook trout aud tho spawn 0
| brook front al auy time and common car