Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1878-01-15
MAINE FISHERY AND GAME LAWS.
The Bill to be Presented TO the Legisla-
tu'c-InpOrtant Recommendations.

The Commission appointed under resolve of the
last leg stature to revise and consolidate the fish
cry aud game laws Of the State, have had several
sessions during the summer and fall, and have
prepared bill which will be submitted to the leg
stature. The bill is entitled IAN act to regulate
and protect fisheries aud propag alton Of fish"
We give an abstract:
Secli IN prohibits the taking in all waters over
which Maine has jurisdiction, of mackerel. her
ring, porgies or menhaden, or fishing therefor by
the of purse and drag seines, except in waters
outside of a straight line drawn from headlsnd to
headland under penalty of not less than 500
nor than $500, and the forfeiture of all YES
sells, boats and apparatus used in such unlawful
pursuit; bat net for meshing mackerel or por-
gies OF not more than 100 meshes in depth, and q
net for meshing herring of not more than l70
meshes in depth, shall not be deemed q seine.
Section provides that one fourth part of the
penalty shall 20 to the party complaining, and the
remainder to the county.
Section details the manner of arresting the
parties breaking the law.
Section provides for the notification Of tres
passing parties.
Sections and have provisions whereby the
owners of seized property, can regain the same by
the payment of stipulated sum.
Section I. On conviction of any person for vi
olstion Of the law the court shall decree the prop
ery seized forfeited, and the shall be sold by
public auction, subject to such conditions as the
court may order, the proceeds to go to the county
Sections and have further detail in regard to
the seizure of property its disposal aud the arrest
OF parties.
Section TO- The Governor shall appoint one
or two persons commissioners Of fisheries, who
shall Mold office three years, unless sooner remov
ed, and have general supervision Of the fisheries.
They shall examine dams and other distractions
in rivers and streams, determine the necessity of
fshways, locate the same, and cause them TO be
built and kt pit in order by the owners of the prop
erty; shall introduce and disseminate valuable
species of fish INTO the streams and ponds of this
State where they do not exist and perform all
other duties prescribed by law. He OF they shall
report annually, on or before the thrty-irs dsy
of December 10 the Governor Salary $1,000 and
travelling expenses.
Sect. IL. Every dam or other artificial OBJ
struction IN every river or stream naturally fle-
quented by salmon, shad or alewives, shall be
prov ided by the owner or occupant thereof with
a durable aud efficient fshway, of such form and
capacity, ard IN such location as may be deter
mined by the commissioners of fisheries. Appeals
NAV be had to the Supreme Judicial Court.
Sect. H. In case hshways are not built, as or
dered aud in the time specified. the owner shall
forfeit not more than 500 nor less than $50 for
every day between MAY and Nov. /.
Sect 49, On the completion Of the fish way
the commissioners shall prescribe the time dur
ing which the same shall be kept open and free
for the passage Of fish. Unless otherwise pro-
viied, fish-way shall be kept open and unob-
structed from May to July Is. Penalty for ne
glect. not less than $50 or more than SlUO.
Sect. II. Commissioners shall order the re-
pair of ways 10 be done ut expense of owners.
Sect. Is provides for proceedings in case of
joint ownership.
Sect. Is details proceedings in case owners re
eide beyond State.
Sect. II. The Governor shall appoint fish
wardens where the same may be necessary. who
shall enforce these laws, under certain restric
tons.
sect. u.s. All wers, hedges, traps, and drift or
set nets, IN any waters over which the State of
Maine has jurisdiction shall, between the lst dav
of April and the 18th day of July. in each year,
be subject to q weekly close-time of two days,
from sunrise Saturday TO sunrise on the follow
ing Monday morning; during which time all
drift OIL set nets shall be removed from the waters
and so remain, and no fish shall be taken from
such weirs, hedges or traps. The construction of
the weir net is described
Sec. 10 describes the penalties for the violation
of the above section.
Sec 20. Weirs, hedges and traps shall be rem
dered incapable of taking fish by having the nets
or other covering removed from them on aud az
ter the 18th day Of jane 10 each year, except in
Penob.cot river below Orphans island, the Ken
nebec river and its tributaries below FIddler's
Reach and upon the coast outside Of any river or
stream, in which localities the nets may remain
upon such wens until the 10Th day Of July 10
each year, but no longer.
Sect. 81. Weirs, hedges and traps, may be
placed in any depth Of water which the owner
exceed distance of 100 feet from low water to
the entrance Of such weir, and provided further,
that no weir shall obstruct more than IS part of
the channel at low water but this section shall
not apply to nets used in the smelt and tom cod
fisheries.
Sect. %. Penalty for violating the two pre-
cedng sections. fine of S3i, and further fine
OF s. day FOR the time that structure should re-
main.
Sect. 30 For the period of five years from the
Aar e AyN,1 soil had all
or any other migratory fish, shall be taken above
the flow of the tide, under a penalty of not less
than $40 OF more than $50 for each offence, and
3 further penalty of $40 for each salmon, 81 for
each shsd, and 20 cents for each aewive SO takeD
Sect. "a No salmon, shad alewivss, or other
migratory fish, shall be taken within 500 yards OF
any tsh-wsy dam or millrace, between the LIST
day of April and the lst day of Nov. in each
year, except by the ordinary mode of angling
With single hook and line, or artificial flies nor
shall hook and line or artificial dies be used at
any time within 100 yards of any ish-way, dam
mill-race. Penalty fine of not more than $50
or less than $40 for each offence, and a furt her
fine of $40 for each salmon, 81 for each shad and
twenty cents for each alewive so taken.
Sect %. There shall be 4 cose-time for sal
mon I, ON the 18th day of July Of each year to
the lst day of April following, during which no
salmon shall be killed or taken in any manner.
under penalty Of not more than $50 or less than
$40 and further penalty Of $40 for each salmon
SO taken or killed.
Sect. 26. No smelts shall be taken or fshed for
in tidal waters in any other manner than by hook
and line, between the fifteenth day Of March and
the fiji st day of November, in each year; and all
weirs for the capture of smelts shall be opened,
and so remain, and all nets Of any kind used in
the smst aud tomcod fishery shall be taken from
the water on or before the said fifteenth day OF
March in each year, under q penalty of not less
than $40, or more than $50, there being certain
exceptions.
Sect q. Forbids the capture OF sale Of lobster.
less than 10 inches in length, under penalty OF
S25 for each lobster
Sect. % authorizes the planting Of oysters.
Sect %. The annual close time for land locked
salmon trout and togue, the rivers and streams,
from Sept |, to May |; on ponds and lakes from
Oct to May | for black bass, Oswego bass and
white perch, from April to July |.
Sect 80. No person shall at any time catch,
take, kill or fish for any lane locked salmon trout
touge black bass, Oswego bass, or white perch,
in any other way than by the ordinary mode OF
angling with single bsited hook and line. or
with al iicis flies under penalty of not less thar
10 nor more than 30 dollars for each offence, and
a flu thor fne Of 81 for each fish caught, taken
Killed. And all set lines, grapnels, spears,
travis, weirs net SCENES, trsr, spoons and devices
other than fair angling as aforesaid, are prohibited
on the f ,sh water lakes, ponds and streams.
Sect. 81. No PERSON shall take, catch. kill or