Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1873-05-10
THE NEW FEsir LAW.

y
for tho protection and propagation of
fsh and appropriating money for the
same.
SECTION |. BE 10 enacted ty the Senate and
House Of Representatives Of the Common
aredth ot Pennsylvania IN General Assembly
! nltt, and ii is hereby enacted by the outhority
! Qt Inc same, That hereafter no person shall
| have in his or her possession, or expose to
sale, any shad caught in the river Della
ware or any of its tributaries within the
jurisdiction of this State, below the head of
Trenton falls, between the eleventh day of
June and tonth day of August in any year,
| or above the head Of Trenton falls, or any,
! where on the river Susquehanna, or on any
! OF its tributaries within said jurisdiction,
between the sixteenth day of June and the
tenth day OF August in any year, under
! penalty of 1--WE dollars for each and every
shad so had in possession or exposed for
sale, to be recovered in any action or ac-
ii, ms of debt, with costs of suit, by any per-
! son or persons, in his or their name or
names, before any justice of the peace in
the county where tho otiense was commit
ted or where the defendant resides or is
found Pr0Uided, That nothing in this act
contained shall make it unlawful for the
tlshery commissioners of this State. or OF
the coriparian States, or of the United
States Commissioner of Fisheries, with the
consent of the fishery commissioners of this
State, or of the cOriparian States, 10 take
! fish in the said waters for the purpose of
natural or artificial spawning or propags-
ton of the same.
SIC. Z. Ii shall not be lawful to catch
fish in any way whatever in any of the
waters in which migratory fish will live,
Rtid over which this State bas either origi-
4 n 20 t,It 49,. .,-l, ~
jurisdiction, reciprncally. interchanyeably
or otherwise, at any time between twelve
O'Clock midnight on Saturday and the next
ensuing Sunday night. at twelve O'Clock :;
that said oflense to be deemed mis-
demeanor, and on conviction the person or
persons so offending shall be guilty of a mis-
demeanor, and on conviction be sentenced
to pay n fine not exceeding one hundred
dollars, ut the discretion of the court: and
sheritls and constables or harbor police Of
llcers and their deputies are hereby author
lzed and required to suppress all such fish
ing, using such means and force rs may be
Necessary to arrest such persons found in
sight Of such officer or his deputy in the
commission of the ollensc, and seize such
boats and their apparel, tackle, implements,
meta, ct cetera, as may be used or employed
in the same ; the said persons to be tried
and punished as aforesaid, and the proper
ty taken 10 be sold at public sale by the
said sherilts and constibles, on due public
| notice given, the proceeds TO be turned over
to the treasures of the proper counties or
cities bordering upon or embracing the
stream or streams whereou the otlense shall
have been committed prouided, That fish
! orincn, and those only necessarily using
such seines in their regular established
business as on account OF the large size of
said senes, and for that cause alone, can
not be set or laid out except at the slack or
turn OF the tide, may set their nets or
seines at only one such turn of the tide oc-
curing by regular tidal changes between
any midnight during the fishing season on
Saturday night and on sunrise on the fol-
| lowing Monday morning, without incur
! ring the penalties provided in this section ::
! Pr0r1ded None ofthe provisions Of this Sec
/ ton shall apply TO any one fishing with
hook and line.
SEC. 3. TrospassinS upon fish preserves
or ponds shall be punishable as other un-
lawful trespass for breach of n close, but
no action shall be sustained therefor unless
public notice of the character of said pre-
serves 10y hand pests be set near the said
waters by the owners or occupants thereof ;
and II roadway, pathway, railway or
! other form of crossing shall pass over wa
/ ters held. owned or used rs fish preserves,
! by any person or persons engaged in the
culture, propagation or preservation of fish,
| it shall not be lawful FOR any person to fish
! in the said waters from the said crossing,
! or from any Of its parts or projectures, and
! any person or persons so offending shall be
I liable in au action OF tre7pass before the
! tribunal having jurisdiction thereof: Pro
ri0ed, That notice shall be fixed at such
crossing by the owner or occupant Of the
! close orprcserve warning the public that
the said waters are used as preserves for
the culture, propagation or preservation
J ofhsh, and the owners or occupants oisuch
enclosures, having given written notice tc
their nciGhbors or adjoining occupants Of
the character of said preserves or enclO
surGs, and warned them not to permit do
mestic water fowls to trespass upon the
same, which warning being UNDECIDED 10!
n period Of ten days, the said owners ol
occupants may take possession Of or other
wise destroy said water fowl or water iowls
without any liability for taking or destroy
ing the same.
SEC. 4. That il shall not be In wful to fisl
With nets or any other method of eptrap
ping fish, except with hook and line, with
IN half mile of which dam or its sChut
IN which there Is OF may hereafter be am
schute or fish ladder for navigation, or 70
the purpose Of the passage of fish up o.
down any stream in this Commonwealth
and any person or persons so Offending
shall be deemed guilty of misdemeano
and, on conviction thereof, shall be sen
fenced 10 pay q fine not exceeding on
hundred dollars, at the discretion Of tn
court Ptorided, That the provisions {
this section shall not take effect until LII
: first day Of March, in the year Of our Lor
: one thousand eight hundred and seventy
! four. ..
: SEC. 5. The Governor Of the Common
q wealth is hereby authorized and require
. to appoint three competent persons VIII
shall be known as the State fishery con
, missioners, who shall oe commissioned an
, hold their positions for the period of thrt
years from The date OF their appointment
unless the said commission is sooner dii
solved by legislative enactment, and an
vacancy occurring in said commission b
, death, resignation or otherwise, shall |
for the uueXpired term in like manner file
:. by the appointment and commission Of Il
:. Governor, The general duties of the sal