The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-03-30


with a board floor, an opening extending from
the hoor to the top of the weir is equivalent to
one extending from the bottom to the top. The
penalty for the violation of this section is
twenty dollars for each offense. This section
does not apply to the Kennebec, Androscoggin
or Penobscot rivers or their tributaries, or to
the ledge.
Section 80. No smelts shall be taken or fshed
Tor IN tidal waters, except by hook and line,
between the first days of April and October, UNI
der penalty OF not less than ten, nor more
than thirty dollars for each offense, and q fur
ther penalty of twenty cents for each smelt so
taken; and all weirs for the capture of smelts
shall be opened, and so remain. and all nets
used IN the smelt and tOmcod fishery shall be
taken from the water on or before the first day
OF April, under penalty Of not less than TWEEN
ty, nor more than fifty dollars, and q further
fine OF five dollars for each day that any such
weir Or net remains in violation of law; but
weirs with catch pounds, covered with net, the
meshes of which are one inch square in the
clear, or greater, are not subject to this section.
PROVIDED, however, that dip nets may be used
between the first and twentieth days OF April.
Provided, further, that this section does not
apply to smelts taken in the Androscoggn riv-
erab0ve the Merrymeeting bay bridge between
the first days of october and November, nor to
smelts taken in the Penobscot river and its trib-
utaries, between the first and the fifteenth days
of April, nor to smelts taken in Casco bay be-
tween the fifteenth day of September and first
day OF October. nor to smelts taken in Machias
river, above Machiasport toll bridge, between
the first day of April and the first day of May.
Section 80. No net other than dip net, the
meshes of which are smaller than one inch
square in the clear, shall be used in any waters
frequented by migratory fishes except the Saint
Croix river, between the first days of April and
October, under q penalty of not more than
twenty nor less than ten dollars for each Of
fense
Section 81. No WEIR hedge set net or any
other continuance for the capture of fish, which
Is stationary while in use, shall extend into
more than two feet of water at ordinary low
water, under penalty of not more than one
hundred, nor less than fifty dollars, and for
feiture of all apparatus and material SO unlaw
fully used. This provision applies to any seine
or drift net which is at any time attached to a
stationary object, but not to fykes or bag nets
used in the winter fishery for smelts and tom
Gods, nor to any implements lawfully used
above the flow Of tide, nor to any portion of
Penobscot river, bay or tributaries, nor to the
Saint Croix river five hundred feet above Fer
RVS point in Calais,
SECT. 49, The limit of depth prescribed for
weirs in the preceding sections shall be meas
ured at the entrance OF the weir, provided that
no part of the weir known as the leader, Is in
more than two feet at low water mark. Weirs
may exceed the limit of two feet depth, meas
ured as aforesaid, under the following condi-
tions: first, the distance from the before men,
toned two feet limit, to the entrance OF such
weir, shall not exceed one hundred feet; second,
no such weir shall obstruct more than one
eighth of the width of the channel; third, every
such weir shall be stripped SO as to render it
incapable of taking 6sh on and after the twenty
fifth day of June; but these conditions apply
only to weirs that exceed the aforesaid limit of
depth. The standard for low water, mark on
the Kennebec river, is in all eases the nearest
bench mark Of the United States coast survey,
allowance being. made at the various points for
the difference in time. The provisions Of this
and the preceding sections do not apply to fish
weirs built ON the sea shores.
SECT. &c. All boats, implements and materials
used, and all tish taken in violation OF sections
thirty-four and thirty five are forfeited.
SECT 81. 1t shall be the duty of each warden
to make a detailed monthly report to the COM
missioner of sea and shore fisheries of all that
has come to his knowledge relating to the fish.
cries within his county, or In any county where
he has rendered services from the first day of
one month to the first day of the following
month, in such manner and on such blanks
as the commissioner may prescribe and furnish,
and do slch other acts as the commissioner
require for the purpose Of gaining information
and the proper enforcement of the law:
and every seal killed in the waters of this state
shall be paid by the treasurer of the town in
which such seal is killed, to the person exhibit
ing to said treasurer the nose Of such seal within
thirty days after said seal was killed. Such
treasurer shall destroy il, and shall then pro-
coed as in sections six and seven OF chapter
such seals when destroyed shall not be left
derelict in any waters of the state, bat shall be
removed therefrom and properly disposed OF
by the persons destroying them; provided,
however, that 1t shall be unlawful during the
months of June, July and August to destroy
seals in the waters Of Casco bay by shooting
with rifle or other long range weapon, which
might endanger human life, under penalty
for a violation of either of the provisions OF
this section, of fifty dollars, to be recovered
upon complaint or indictment before any
court of competent Jurisdiction.
SECT. 80. 1t is unlawful to catch, buy or sell,
or expose for sale, or possess for any purpose,
any lobster less than ten and one half inches
in length, alive or dead, cooked or uncooked,
measured in manner as follows: Taking the
length of the back of the lobster, measured
from the bone Of the nose to the end OF the
bone OF the middle ripper of the tail, the length
to be taken with the lobster extended OIL the
back its natural length, and any lobster shorter
than the prescribed length when caught, shall
be liberated alive at the risk and cost of the
parties taking them, under penalty OF hve
dollars tor each lobster SO caught, bought,
sold, exposed for sale, or in the possession not
so liberated. The possession of mutilated, I'M
cooked Holsters shall be prima facte evidence
that they are not of the required length.
SECT. 40. II is unlawful to destroy, buy, sell,
expose for sale or possess any female HOLSTERS
in spawn or with eggs attached ut any season
OF the year, under penalty of ten dollars for
each lobster SO destroyed. caught, bought,
sold, exposed for sale or possessed, provided,
however, If 1t appears that 1t was intended to
liberate them in accordance with the prov1s-
ions of this act, the persons having such lob
sters in possession shall not be liable to any
of the penalties herein provided for, though
he may have failed, for any cause not within
his control to so liberate them.
SECT. Al. 1t shall be unlawful to can, pre-
serve or pickle Holsters less ten and one-half
aforesaid; and for every lobster canned, pre-
served or picked contrary to the provisions OF
this section, every person, firm, association or
corporation so canning preserving or picking,
shall be liable to penalty of five dollars for
every lobster so canned, preserved or picked
contrary to the provisions of this section, and
a further penalty of three hundred dollars for
every day ON which such unlawful canning,
preserving or picking is carried on.
SECT. AZ. All barrels, boxes or other pack
ages in transit containing Holsters, shall be
marked with the word Holsters in capital let
tiers, at least one inch in length, together with
the full name of the shipper; said marking
shall be placed in plain and legible manner
on the outside of such barrel, boxes or other
packages; and in case of seizure by any duly
authorized officer, of any barrels, boxes or other
packages in transit, containing HOLSTERS, which
are not SO marked, or in case OF seizure by such
officer, of barrels, boxes or other packages in
transit containing Holsters less than the pre-
scribed length, such Holsters as are alive and
less than the prescribed length shall be liber-
ated, and all such Holsters as are of the pre-
scribed length found in such barrels, boxes or
packages, together with such barrels boxes
and packages, shall be forfeited and disposed
of under the provisions of section forty-seven
of this act. rt
SECT. 43. Every person, firm, association or
corporation who ships Holsters without having
the barrels, boxes or other packages in which
the same are contained, marked as prescribed
in the previous section shall upon conviction
be punished by q fine of twenty-five dollars,
aud upon subsequent conviction thereof by