Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1871-06-14
PROTECTION OF FOOD FISHES,

NV i6OiiO VI lOOO loh1Os
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 closes
against unlawful fishing, and to prevent the
introduction of predatory fishes into trout
streams, aud for other purposes
SECTION |. BE il enacted, de-. 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 dcvicc whatsoever, any salmon, or
salmo, or salar, Gristes salmoides,
commonly known as black bass of the
south, or southern bass, in the Della
ware or the Susquehanna rivers, where
said streams are under tho jurisdic.
tion of this State, or in any of their
Pennsylvania tributaries, until the
first Of August, A D., 1873; Proui-
ded, nevertheless, That the accidental
taking of salmon, or Gristes sal
modes, commonly called black bass Of
the south, shall not be construed to be
violation of this act, if the same
shall be Immediately returned alive
into said rivers and tributaries.
SEC. 2. That the fact of any person,
or persons, having such salmon, salmo,
salar or Gristes salmoides, commonly
called black bass of the south, in their
possession, IN any or either of the
counties bordering upon the said Del
aware or Susquehanna rivers, or their
tributaries, shall be accepted as prima
facic evidence of their having been
taken from the said rivers, or their
tributaries, in violation of the provi
sions of the first section Of this act /;
Prorided, that such fishes planted and
retained in private ponds shall be at
the disposal of their owners
SEQ. 8. That nothing in this act, or
in any of the sections of this act con-
tdined, shall be so construed as to
prevent the commissioner or commits
sioners 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 States.
SEC. A. Any person or persons vic
lating any Of the provisions contained
in either of the first two sections of
this act shall, upon conviction thereof
before any justice of the peace, pay q
fine Of FIVE dollars for each and every
fish so taken or had in possession
without being able to prove that they
werc not taken from said rivers or
streams one half of the said fine to
90 to the prosecutor, and the other
half to the school directors of the
school district in which the oifense
shall have been committed, or pre-.
sumed' TO have been committed by
their being had in possession, for
schoo! purpose only, and in default of
the payment of said fine TO undergo
an imprisonment in the Jail of the
county in which they shall have been
convicted for n term of ten DAYS.
The said fines to be sued for and re.
covered as debts of like amount are
by law recoverable.
SEC 5. The species commonly known
as Snsquehanna salmon, pike, perch,
jack, salmon, and by the scientific
name of Stigostedium Americanum,
shall henceicrlh not be taken in any
of the streams meant to be included
in this act during their spawning
time; that is 10 say, between the first
of February and the first Of June in
any one year, aud the mode of proof
of such taking, and the penalty for
the same, shall be the same as provi.
ded for the case of the salmon aud the
black bass in this act.
SIC 6. Aud the said proofs and
penalties in the preceding sections of
this act shall apply equally to the
taking Of any newly introduced and
approved food fishes not previously
known as inhabi,ing the said streams
or any OF their tributaries, including
the Schuylkill river, for Il period OF
three years from the said introduction
or planting Provided, That citizens
of this State introducing or planting
the said food fishes alive in the said
waters Mt their own expense, or the
/ fish commission of the State introduc.
ing or planting such food fishes ut the
public expense, shall have given pub
lie notice OF the fact, its day and date,
with reference to this act in one OF
moro public journals of the county
within the jurisdiction Of which the
planting shall have taken place, by
advertisement or gratuitous notice for
the length of time ordinarily deemed
sufficient, and in such notice the
genus and species of the fish planted
shall be intcIligibly described so that
there can be no mistake as TO its iden
tity, its accepted scientific name OF
names, in the technical as well as th,
English language, to be deemed anC
taken, however, as sufficient. Ana
prouided, Such planting shall be ap
proved in writing by the commission
ers of inland fisheries of the State, OF
in case such commission shall not ex
! list, then by any resident judge of any
of the courts of the said county.
SIC. Z. No person shall place IL
any fresh water stream, lake or pond
without the consent of the owner, ol
in shore waters and estuaries with tn,
rivers dcbouching into them, an,
lime or other delcterious substance
with the intent to injure fish, or IN,
drug or medicaled bate with intcn
thereby to poison or catch fish, no
place in pond or lake stocked an'
inhabited by trout or black bass anl
drug or other deleteriOus substance
with intent to destroy such trout o
bass, nor place in any fresh waite
pond or stream stocked with broul
trout any pike, pickercl, black bass o
rock bass, or other pisciverous iisl