The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1878-01-15
TUESDAY MORNING, JAN. Is.
By TELEGRAPH.
FROM USTA.
Report of the Game and Fish Commits
sion.


commission have had several sessions for work
and consultation. Each member was assigned
such portions of the work, the subjects of which
he was the most familiar, and upon which he
had the most experience and practical knowl-
edge. The results of their labors, as relates to
our fisheries, is bill, which will soon be pre-
sented to the Legislature. The following are
the principal features of the bill:
an act to regulate and protect fisheries, and
propagation of fish.
SEC. 1. The taking of mackerel, herring,
porgies or menhaden, or fishing therefor by the
use of purse or drag seines, is hereby prohibit
ed in all waters over which the State of Maine
has jurisdiction, except in waters outside of
straight line drawn from headland to headland,
under penalty upon the master or person in
charge OF such seine or seines, of not less than
800 nor more than $500, and the forfeiture of
all vessels, boats and apparatus used in such
unlawful pursuit. but net for meshing mack
erel or porgies, of not more than 100 meshes in
depth, and net for meshing herring, of not
more than ITO meshes in depth, shall not be
deemed seine.
SEC. 2. All penalties and forfeitures named
IN the preceding section, may be recovered by in
dictment or action of debt; and one-fourth of
the penalty or forfeiture recovered or imposed
shall be for the benefit of the complainant and
three-tourths to the county where the action Is
brought.
SEC. 3. Requires sheriffs, deputy sheriffs
and hsh wardens to serve warrants arrest per-
sons, seize vessels, boats and apparatus without
warrant and retain them until one Ican
be obtained, and gives them the same compen
sation as in criminal processes, with emolu-
ments.
Sec. 4. Provides that if fish are found on
board OF seized vessels the owner shall have IL
hours to remove them, and if not done the
officer may dispose of them as he sees fit.
SEC. 8. At any time after such seizure, if the
owner or claimant desires to retain possession
of such vessel, and other apparatus, he may no.
THY such officer in writing, and request an APP
praisal of the same, when the officer shall pre-
pare schedule of all property then detained
by him, and cause three DISTINGUISHED men &C
qoalnted with the nature of the property de-
tanned to be appointed one to be selected by
the owner or claimant. one by the officer max
Ing the seizure, and one by any trial justice of
OF peace o. the county where the property is
detained.
SECT. 6. The appraisers shall as soon as may
cost value of the same; thereupon, at the re-
quest OF such owner the property shall be given
up to him, provided he shall first deliver to said
officer bond in double the value of said ap-
praisal, with good and sufficient sureties, APP
proved in writing on said bond by the clerk Of
the supreme judicial court for the county in
which the appraisal is made, CONDITIONED that
said principal shall pay to the treasurer of said
county the amount of said appraisal on demand
as soon as judgment of said court decreeing
forfeiture OF such property shall have been en-
tered of record.
SECT. Z. On conviction of persons so charg-
ed the court shall declare all seized property
forfeited which has not been bonded, and it
shall be sold at auction 10y sheriff.
SECT. g. In cases where property has been
seized where no prosecutions have been COM
menced, the court may order all property so
seized to be returned by officer to the owner on
demand; and such order shall constitute bar
to any actions that have been or may be COM
manced against the officer; where property has
peen seized. prosecutions commenced, and the
party prosecuted is not in the custody or juris-
dictlon of the court, so that no conviction has
been obtained, the oodrt shall cause such notice
as they deem proper to be given, notifying all
persons interested to appear at time and place
designated in said notice, and show cause why
a forfeiture of said property should not be de-
creed.
SECT. 8. Provides that in case of death of
an officer making seiznres, any other officer of
the county may take possession of the property
seized.
SECT. 10. The Governor shall appoint enc or
TWO persons, as he may think best. to be COM
mlssioners of fisheries, who shall hold office for
three years, unless sooner removed, and have
general supervision of the fisheries, regulated
BY the preceding and following sections Shall
examine dams and all other distractions exist
determine the necessity Of fishways, and the To-
cation. form and capacity thereof; shall visit
those sections where fisheries regulated by the
act are carried on, and examine into the work
ing OF the laws; and introduce and disseminate
valuable species of fish into the streams and
ponds OF this state where they do not exist.
SECT. IL. Every dam in any river frequent
ed by salmon, shad or alewives, shall be pro-
vided by the owner with durable and eff Gent
hsh way. and he shall keep it in repair and
open and free from obstruction for the passage
OF fish, during such times as may be prescribed
by law. In case of disagreement between the
commissioners and the owner of the dam, as
to the propr1ety and safety of the plan submit
ted to the owners, the owners may appeal to
the Supreme Judicial Court in the county
where dam is located and the court or any JUS
tlce tnereof In vacation may appoint three COM
nissioners to hear and determine the appeal,
who shall give due notice to the parties of the
time and place of hearing, and after hearing
shall decide the question submitted, and may
a1nrm or reverse, in whole or in part, the re-
qulremeRts OF said commissioners of fisheries,
and make their report as soon as may be to the
clerk OF said court, which when accepted by
the court or any justice thereof in vacation.
and ordered recorded, shall be final
SECT. II. If fsn-way thus required to be
built is not completed to the satisfaction of
the commissioners within the time Specified.
any owner or occupant shall forfeit not more
than 500 nor less than 500 for every day be-
tween the first day of May and the first day of
November, during which such neglect contin-
ues.
SECT. 10. Unless otherwise provided, fish
way shall be kept open and unobstructed from
the LIST day of May to the 18th day of July.
fenalty for neglect shall be not less than 500
or mora than $100 for each days neglect.
SECT. IL. The governor shall appoint fish
wardens where the same may be necessary who
shall enforce the provisions of all public laws
relating to fisheries.
SECT. IS. All weirs, hedges, traps, and drift
or set nets, in any waters over which the state
OF Maine has jurisdiction, shall, between the
lst of April and and the 18th of July, in each
year, be subject to weekly close-time of two
days, from sunrise on Saturday to sunrise on
the following Monday morning; during which
tlne all diff or set nets shall be removed from
Tue water, and so remain, and no fish shall be
taken from such weirs, hedges or traps.
SECT. 10. For violation Of the provision req
llatlng the close-time, penalty of 500 for the
irst, and $40 for the second offence, shall be
i'm posed.
SECT. 20. All weirs, hedges and traps shall
be closed on the 18th day of June except in the
Penobscot river below Orphans island, the
hennebec river and its tributaries below Fid-
Hers Reach, and upon the coast outside of any
river or stream, in which places they NAV re-
main open till July Is
SECT. 81. Weirs, hedges, and traps may be
placed In any depth of water. provided thew
hall not exceed a distance of one hundred feet
rom low water to the entrance of weir. and
hat no weir shall obstruct more than one
Eighth part of the channel at low water. This
lection shall not apply to nets used in the
melt and tomcod fishery.
SECT %. The penalty for violating any of
he provisions of the two preceding sections.
mall be fine of thirty dollars and five dollars
or each days violation.
SECT ~. For the period of five years from
he first day Of April. 1873, no salmon, shad.
iewivee. or any other migratory fish, shall be
AIKEN above the flow of the tide in any waters
i this state, under penalty of not less than
'60 for each offence, and further penalty of
'lO for each salmon ST. for eachl shad. and %
eDts for each alewife 80 taken.
SECT: "A. No salmon, shad or alewives
hall be taken within five hundred yards of any
lsh-way, dam or mill race, between the first
lay OF April and the first day of November.
kept by the ordinary mode Of angling. or at
my time within 100 yards, under penalty of not
more than $50. "a -0'
SECT. 25: There shall be a cose-tine for
almon from the 18th of July to the first of |
April following, during which no salmon shall |
q taken or killed in any manner, under a |
enalty OF not more than $50 nor less than $40. |
SECT. 80. No'smelts shall he taken or fished |
or In any of the tidal waters of this state. in |
ny other manner than by hook and line be- 1
Ween the 10Th of March and the LIST of Novem- |
o.. fenaIty for violation not to exceed $50.
oEcf 81. Whoever sells or offers for sale or
I1 lu ms possession with intent to sell, any
Ibster less than ten and ope-half incbas in
,ngth, shall forfeit for every lohstar a. m