The Florida agriculturist. [volume] (DeLand, Fla.) 1878-1911, 1879-07-02

thority Of the Board of County Com
missioners
AN ACT to ruuecU the Food Fishes of the
State. and to regulate Fisheries.
The People of the State of Florida repre-
scented in Senate and Assembly, do enact as
follows: SECTION l. No person shall use in
the rivers of this state any gill net for the
capture of the fish known as shad with a
mesh less than five inches from knot to
knot. measured lengthwise. or use a seine
for the capture of any of the food fishes
with a mesh less than three and q half
inches from knot to knot. measured length
wise, under penalty of thirty dollars for
each offence Provided, That this section
shall not apply to any person who shall
use o seine or net with IL small Ter mesh
than the one defined for the exclusive pur-
pose of catching minnows for bait.
SEC. 2. No person shall catch or capture
any shad. OF use gill net or seine for the
capture of the fish known as shad, between
the first day of April and the first dav of
December OF any year, under penalty OF
twenty five dollars for each offence, and
the cOnfiScatiOn of all nets, seineS, boats
and tackle used in such unlawful acts.
SEC. 3. No person shall place, construct
or erect in any of the rivers of this state,
any pond, dyke or purseinet for the cap
ture OF food fishes under a penalty of forty
dollars for each offence.
SEC. 4. No person who has not resided i'll
the state six months previous thereto shall
engage in the netting, capture or catching
any food fishes i'll the public waters of this
state for the purpose OF selling or of eX-
porting or shipping them to other states
or to foreign countries; and any nOn-resi-
dent as aforesaid who snail violate the pro-
visions OF this section shall be fined i'll the
sum vi seventy-five dollars for each
offence, with confiscatlon of all nets, boats
Ia RI linn
full act: Provided, That this section shall
not apply to scientific persons who shall
capture food fishes exclusively fer scien-
tho purposes
SEC. 5 The COuntys Commissioners of
each county are hereby authorized to APP
point Il special agent who shall be knO wn
as Fish Bailitf to enforce the provisions
of this act, and such Bailitf shall have pow
er to arrest and take before Il magistrate
and subject to trial according to law, any
person violating anv of the provisions of
this act, and the magistrate may order the
seizure OF any implement used by the Of
fender Ill violating this act, and in case of
conviction of the accused may make an
order cOnfiscating such implements to the
use OF the state. And the County Commits
siOners of each county shall have author
lty to pay such Bailtf such reasonable re-
muDeration as they may decide upon.
SEC. d. ANY person violating any of the
provisions of this act shall be deemed
guilty of a misdemeanor, and shall upon
conviction be punished by fine and costs,
OF Imprisonment and costs. as direc ed i'll
this act; one-half of the fine to be paid to
the infOrper, and the other half into the
treasury OF the county. And in default of
the payment of any fine. the offender shall
be committed to the county Jail for thirty
days. Ii any seines, boats nets or tackle
are contiscated. the presiding officer of the
court before whom the case may be tried,
shall direct the proper officer to sell after
due notice, to the highest bidder, such con-
tiscated article for the payment of the fine,
costs and expenses Of sale, The costs and
charges shall be the same as may be allowed
to Sheritfs and Constables for like services
and expenses,
SEC. Z. BY the words food fishes" is
meant such fishes as are used for food.
SEC. S. The County Commissioners may
employ prosecuting attorney 10 prosecute
cases under this act, such attorney to be
paid from the county treasury such com-
pensation as may be agreed upon by the
County Commissioners Provided, That
the provisions of this act shall become OPP
erative in the different counties OF this
state only after publication of the act for
four weeks. and acceptance thereof by the
County Commissioners.
Approved March H. 1879. 57-G0.