The morning call., 1893-09-28
SALMON FISHING.
The Size of Net That Is
Lawful.
Attorney Deering Takes Assistant
Attorrey-General Layson to Task
for a Wrong Decision.

Salmon fishing in the Sacramento River
has become o1ite an industry. and As there
are many people engaged in il the follow
ing interesting opinion from T. p. Deering,
the attorney for the Fish CommiSs toner's,
relative to the power of the Supervisors to
regulate the size of the mesbes of nets or
seines used in fishing will prove of par
ticuar value to fishermen.
To a CALL representative the attorney
said yesterday:
Il have noticed that in reply to an in
Quiry from Assemhlyman Matthews of
Tehama IN reference TO the power of the
Supervisors to regulate the size of the
meshes OF nets, etc. Assistant Attorney
General Layson answers:
Subdivision 291s, section %, County Govern
ment act (staluteS 1898. page 35S), reads (de-
lining the powers OF tho board: TO make reg.
iattonS for the protection or game and fish
when such regulations are made as provided In
this section the laws of the State for the PRO
teciton thereof are suspended In such county,
and TO regulate the size and kind OF nets and
seines 10 be used for fishing"
He cites the definition OF "mesh" and con
cludes; III Is obvious that the boards OF Super
VlsOrs have the power to designate under the
said statute the size OF the 'mesh'''
Now, l would be pleased, indeed. If
The CALL would state that the opinion of
the Attorney Generals assistant is wrong.
and to protect the fishermen from any ex-
pense they may incur in purchasing nets
which cannot lawfully be used | will place
the matter before you in the proper light.
"Tbe Supervisors have no power TO
thoriZe the use of q net or seine with less
than seven and half inch mesh.
"Ihe same provision of the county
Government bill, above quoted, gives
boards OF Supervisors power to regulate
tho size ana kind of nets and seines 20 be
used for fishing;' but this power must be
exercised In harmony with the general
statute, which makes it a m Sdemeauor to
use Tor catching shad or salmon a net or
seine having mesh of less than seven and
hall inches. Supervisors are not given
! power 10 make regulations as TO nets and
| seines that will supersede the State law,
| The only instance in which their Ordi-
nanceS hRve this effect is when they relate
10 the protection of game, and this is for
the reason that the very law giving the
| power to pass the ordinance as to game
! says that the State law shall be there
! suspended. But the State law is not
declared suspended either as 10 fish or as
tn the size and kinds of nets by ordinances
| supervisors may pass. The power as TO
nets and selneS Is given, doubtless, TO
authorize Supervisors To require in theiC
/ county, that nets and seiaes must have
still larger mesh than seven and a half
inches, If for the protection of fish in that
county they deem 1t necessary.
"Iherefore, as to fish, | am of opinion
that while Supervisors may make regula-
| tons for the protection of fish, as to the
size and KIND of nets and seines they can
not change the open or close season for
| fishing. nor can they authorize the use of a
net or seine forbidden by the general law. "