Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-05-13

The following is the text of the new Fish Law
recently passed by the Legislature of Maryland,
according to the certified copy made and
furnished expressly for The EVENING STAR by
the Clerk of the Court of Appeals OF that state:
iSS2-CHsPTER 40,
An Act To add additional sections to article
fortN-one OF the Cote OF Public General Laws
entitled, ''Fsh and Fisheries" and TO protect the
rish In the waters OF the upper Potomas river and
its tributaries and to provide Tor the erection of
fsh-ways over the several dams thereof.
Section l. Be it enacted by the general as
sembly OF Maryland that the following sections be
added TO article lorty,one Of the Cole Of Public
as sections Is A, Is b, 10 c. 10 T. Is ID, Is f. 10 g,
I5H.
Section IS A. 1t shall not be lawful for any per-
son to catch or destroy or 70 attempt to eaten or
destroy any ish In the waters OF the Potion river
as the Little Falls" OF the Potomac during the
month OF May. except shad and herring, which
may be caught at any time
Section Is b. Ii shall not be lawful for any per-
son to eaten or destroy, or TO attempt to catch
destroy, fish in the waters of the Potomac river
and tributaries above the said Little Falls of
the Potomac at any time by means OF siedging, or
by tret outlines set with live bait; shall it
be lawful TO catch or destroy, or attempt to catch
OF destroy. any black bass OF salmon IN any man
ner between the first day OF May and the first day
of June, in each year; nor shall IL be lawful for
any person to Kill nsh with poison or drug or by
time.
section 10 u Inc QSl commissioner OF the west
ern shore OF the state shall Cause to be erected
over the several canal dams on the Potomac river
during the year next ensuing the passage OF this
act suitable nSh-wayS or ladders, whereby the fiSh
may be able to ascend the said dams, and the
sum OF twenty-fOur hundred dollars, so much
thereof as may be necessary, Is hereby appro-
priated for that purpose.
Section Is d. The owner or owners OF all dams
Except the canal dams) now erected or hereafter
70 be erected in OF across the Potomac river or
streams running into said river. up which fish
accustomed TO run and spawn, Shall make and
Keep In repair properly constructed fSh-ladderS
05h-ways. TO be placed on said dams to afford
10 the hsh In the said river streams course
up and down said river or streams, said ladders or
nsi,-ways to be approved by the FISH commissioner
ana II any owner or owners OF such dams shall
fail to comply with this provision within six
months after notice has been served, as hereinaf-
ter provided, he or they shall be guilty OF msde-
meanor, and upon conviction thereof In the court
OF the county where such owner resides shall be
nned not less than $500 nor more than $500, and
such dam shall be deemed nuisance and liable to
be abated as other nuisance under the laws OF the
state.
Section Is E. The county commissioners of the
county along which dam or dams erected now or
hereafter TO be erected in or across the Potomac
river or streams running into the said river, when
satisfied that said dam or dams are so constructed
rs TO cut on the fish from free course up and down
aaid river stream shall give notice to the owner
or owners to construct and keep in repair proper
nsh-ways or ladders as hereinbeIore provided.
Section 10 F. Nothing in this act shall be SO con-
drued as 10 prevent the catching OF mnnOwS or
small fish for angling or scientific purposes nor
% proven the commissioners OF fisheries OF this
0ettc any psfSUu Ill tiQpfOy lTOu Cdtcnllg
nsh with nets or otherwise at any time for the
purpose OF propagation or stocking other waters,
nor to prevent any person from taking fish in any
way at any time from his private dam or pond,
which he may have stocked with fish.
Section IS G. Any person violating the pro-
visions OF Section Is or Is B, shall pay fine OF
lot less than ten nor more than twenty dollars
fDf each offence upon conviction before any mag
etrate having jurisdiction in this state, or upon
failure TO pay such fine and costs shall be i'm
pfiSOned in the county Jail for not less than ten
nor more than thirty days, provided that the right
shall be reserved TO all parties under the provisions
OF this act
Section Is H. This act shall apply to the Poto-
mac river and trfbutlrie only above what Is
commonly known as the Little Falls" OF the Poto-
mac.
section 2 This act shall take effect from the
date OF Its passage.
Oris KEILHoLTZ,
Speaker OF the House OF Delegate
GEoR HAWKINS WILLIAMS,
President OF the Senate.
Approved this 81 day OF May, 1882
WILLIAM I. HAMILTON, Governor.
IN MARYLAND.
Inc article Of the code OF general laws en-
titled 'Fish and Fisheries referred to in the
preamble and first section of the law above
quoted refers solely to shad and herring fishing
In the lower Potomac, and its provisions are
generally we'll understood. As they do not re-
late to angling, nor to the waters above the
Little Falls their publication Is not necessary in
this connection But by the law just passed it
will be seen that it is unlawful to fish in any
way for fish of any kind, except shad and her
ring, in the upper waters of Maryland during
the month of May. As the term Little Falls !"
as used in the above act is somewhat vague it
Is likely that it would be construed as referring
TO the decided cataracts just above the Chain
bridge, and lying within the District. A still
closer construction would. however doubtless
limit the application of the law TO the territory
lying outside the District of Columbia and with
Ia the territory of Maryland.-the dividing line
between which crosses the Potomac at a point
about SO yards above the Chain bridge.
VIRGINIA AND WEST VIRGINIA
Under the law of Virginia Black Bass NAV
not be caught in the waters of that state from
the 18th OF May to the LIST of July. By the law
OF West Virginia the close season for Black Bass
In her waters Is from the LIST of January to the
18th of June. Why there should be so wide q
difference in the protecting season adopted By
three contiguous states, all having substantially
the same climatic and other conditions affecting
the inny tribes, is little difficult to understand
Practically. however. these differences do not
affect anglers for bass and salmon in the upper
Potomac. so far, at least. as that stream serves
As dividing line between Maryland and the
other two states named. Under existing stat
utes the state of Maryland is conceded and ex-
ercises jurisdiction over the Potomac to low
water mark on the Virginia and West Virginia
shores This practically makes the fishing law
VI operative gu Tue NiOle OF the Qtt-
per Potomac from the District line to Fairfax
Stone, Or the southwestern corner of the state
AS TO TROUT.
According to the best authorities available at
the present time. trout (salmo fontinatis) may
only be caught in the waters of Virginia from
the lst of April to the 18th of September.
The law Of Maryland as to trout fishing is
found In the Code (lS7S). Art. XIV, sections 50
TO 64. inclusive. which Incorporates the act of
1874. chapter 2o3, that act being entitled IAN
Act for the Protection and Preservation of Fish
&C., In the Waters OF the State of Maryland IS
The text is as follows:
That from and after the passage OF this act IL
shall not be lawful for any person to take, catch
or XII any Spec1led brook trout, or any speckled
river trout, save only with hook and line, or to
have any such trout In his her possession, ex-
cept during the months OF April, May, June. july
and the first nIteen days in the month OF August,
under penalty OF fve dollars for each trout 80
caught or had In his or her possession; but this
section shall not prevent any person or corpora
ton from catching trout In any ma inner or at any
time In water owned by them or upon their prem
fseS to stock other waters
IL That it shall not be lawful for any person
within the state OF Maryland To take or catch any
Brook trout, at any time, In any OF the waters OF
" nj an iah hast