The weekly tribune. [volume] (Great Falls, Mont.) 1891-1894, 1893-03-17
TO PROTECT MONTANA FISH.
Provisions of the New Law Which
All Should Learn by
Heart.
Heavy pcnalties for Using Dynamite
and Other Devices i'm the
Stream.


fishing tackle consisting of a rod or pole,
line or hooks, is to be the only lawful
means by which fish can be taken in any
of the waters of the state. The hook
must not be baited with any poisonous
drug or substance, and it is unlawful to
make any dams or use any fish traps,
grab hooks or similar means for catching
fish. No speckled or mountain trout can
be caught at any time for speculative
purposes, or for market, or for sale, and
II is unlawful for any person TO sell or
offer for sale any speckled or mountain
trout in this state: Provided, that a
seine or catch net having a mesh of not
less than one inch square may be used in
the Missouri river below the Great falls,
and in the Yellowstone river below
Clark's fork. Nothing in the act is to
prevent the use of SENS or nets for the
purpose of taking fish to be transplanted
into private ponds, fish pools, fountains,
aquariums for the purpose of breeding;
provided that no speckled OF mountain
trout or other small fish a be taken or
caught, except from private ponds by
owners, in any manner, during the
months of May and June. All bitches
or drains leading from natural streams
must be protected at the junction of the
ditch or drain with the natural stream
by a CRATE of not more than one.half inch
in mesh. The CRATE must be placed at
the junction on Sept. l and removed on
March l of each year. 1t Is the duty Of
the person or persons using the ditch or
drain to see that the CRATE is placed in
proper condition and kept ingood repair.
Any VIC ations of these provisions is d
misdemeanor, punishable upon convic-
ton by a tine Of not less than $40 nor
more than slO0, or Imprisonment for not
less than six months, or by both fine and
imprisonment.
The use of giant powder or other eX-
plosive compound to catch or kill fish is
made a felony, and any one caught at
that practice is, upon conviction, to be
punished by from 500 to $500 fine. or
Imprisonment in the penitentiary for
from one to three years, or both fine and
imprisonment. There must be construct
ed at all dams on any stream u tishway
or ladder from three to six feet in width.
1t must extend from the base to the
apex of the dam, and must be strongly
cons ructed of at least two.inch plank,
Will iilc NC lIOl iNS5 Inil olp lJus III
height, and wings on the inside at not
more than an angle of forty-five degrees,
and not over four feet apart on each side
of any tishway or ladder. The channel
between the wings must be one-fourth
the width Of the lishway or ladder, and
is to have a slope of not more than thirty
degrees. Persons who neglect or refuse
to build tishways at dams are
subject to a fine of from so to 500, or
Imprisonment in the county Jail Tor from
thirty to ninety days, at the discretion
Of the court. Persons having sawmills
on streams containing fish. are required
to SO care for the sawdust as to prevent
1t mingiing with the waters of that
s'ream. 1t is also made unlawful to
drop, dump or cast any quantity of saw
dust, bark or debris in the stream. The
penalty for violating the provisions
against contamination of streams by
sawmiils is from $50 to 500 fine for each
offensr.
Agents or other employees of stage. cX-
press or railroads companies, are forbid
den to receive for transportation or car
riage, or TO sell or t. offer for sale. any
fish or game taken or killed contrary to
the provisions of the new law, knowing
or having reason to believe that the fish
or game were illegally caught or killed.
If they do so they are liable TO from SlOO
TO 800 tine for each lot or shipment
transported, or imprisonment in the
county Jail for not less than thirty nor
more than ninety days, at the discretion
Of the court.
Grand luries are required to investigate
al infractions Of The law, except such as
have already been tried, and on proof OF
violation must indict the Offenders. Dis
trict courts are given concurrent juris
diction with justices of the peace in all
o~tfenses against the game and fish law
The provision and pc alties Of the aC,
are TO apply to all Indians and half,
breeds when outside of an Indian resrr
walton. Fine and penalties may ho col.
iected by civil action in the name Of thc
state in any court Of competent jurisdic
ton. One-half the tine Z es 10 the
school fund of the county where the of
Tense is committed, and the other half tC
the informcr. All tines are to be collect.
ed without stay of execution, and the
offender may 10y order Of the court be
confined in the county Jail until the fine
and costs are paid. 1t is provided il
the act that if a jury, a justice of the
peace. or a Judge shall certify by thciI
verdict that there was no probable cause
to believe the defendant guilty. the com
plainant Is required 10 pay all the costs
Of prosecution.